The November Team, Inc. et al v. New York State Joint Commission on Public Ethics et al
Plaintiff: The November Team, Inc, The November Team, Inc., Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Risa Heller Communications LLC and Mercury LLC
Defendant: New York State Joint Commission on Public Ethics, Daniel J. Horwitz, David Arroyo, Hon. Joseph Covello, Marvin E. Jacob, Seymour Knox, IV, Hon. Eileen Koretz, Gary J. Lavine, Mary Lou Rath, David A. Renzi, Michael A. Romeo, Hon. Renee R. Roth, Michael K. Rozen, Dawn L. Smalls and George H. Weisman
Case Number: 1:2016cv01739
Filed: March 8, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 15, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 15, 2018 Opinion or Order Filing 75 MANDATE of USCA (Certified Copy) as to #58 Notice of Appeal, filed by Berlinrosen Public Affairs, Ltd., Risa Heller Communications LLC, Anat Gertein, Inc., The November Team, Inc., Mercury LLC. USCA Case Number 17-334. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/15/2018. (nd)
May 10, 2018 Opinion or Order Filing 74 MEMO ENDORSEMENT on re: #73 Letter, filed by Berlinrosen Public Affairs, Ltd., Risa Heller Communications LLC, Anat Gertein, Inc., The November Team, Inc., Mercury LLC. ENDORSEMENT: For the reasons stated in this letter, and the parties' prior statement that, "If, after the notice and comment period has ended, the regulations are not adopted, or their substance does not resolve the parties' dispute, the appeal will be reinstated," in the letter, dated June 9, 2017 (Dkt. No. 61), the Clerk of Court is respectfully directed to close this case. (Signed by Judge Lorna G. Schofield on 5/10/2018) (kgo)
May 9, 2018 Opinion or Order Filing 73 LETTER addressed to Judge Lorna G. Schofield from Zoe Salzman dated May 9, 2018 re: in Accordance with Court's Order dated April 27, 2018 (ECF #72). Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Salzman, Zoe)
April 27, 2018 Opinion or Order Filing 72 MEMO ENDORSEMENT on re: #71 Status Report filed by Berlinrosen Public Affairs, Ltd., Risa Heller Communications LLC, Anat Gertein, Inc., The November Team, Inc., Mercury LLC. ENDORSEMENT: Application Granted. By May 9, 2018, Plaintiffs shall file a status letter informing this Court on how they intend to proceed in light of the newly adopted regulations. (Signed by Judge Lorna G. Schofield on 4/27/2018) (kgo)
April 26, 2018 Opinion or Order Filing 71 STATUS REPORT. On Behalf of All Parties Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Salzman, Zoe)
March 9, 2018 Opinion or Order Filing 70 STATUS REPORT. - Joint Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Salzman, Zoe)
December 14, 2017 Opinion or Order Filing 69 ORDER of USCA (Certified Copy) as to #58 Notice of Appeal, filed by Berlinrosen Public Affairs, Ltd., Risa Heller Communications LLC, Anat Gertein, Inc., The November Team, Inc., Mercury LLC. USCA Case Number 17-0334. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 12/14/2017. (nd)
December 11, 2017 Opinion or Order Filing 68 STATUS REPORT. On Behalf of All Parties Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Salzman, Zoe)
September 11, 2017 Opinion or Order Filing 67 STATUS REPORT. On Behalf of All Parties Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Salzman, Zoe)
August 17, 2017 Opinion or Order Filing 66 MEMO ENDORSED ORDER granting #63 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to terminate Ms. Horowitz as counsel for Plaintiffs. (Attorney Hayley Horowitz terminated.) (Signed by Judge Lorna G. Schofield on 8/17/17) (yv)
August 16, 2017 Opinion or Order Filing 65 AFFIRMATION of Hayley Horowitz in Support re: #63 MOTION for Hayley Horowitz to Withdraw as Attorney .. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Horowitz, Hayley)
August 16, 2017 Opinion or Order Filing 64 NOTICE OF APPEARANCE by Zoe Antonia Salzman on behalf of Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Salzman, Zoe)
August 16, 2017 Opinion or Order Filing 63 MOTION for Hayley Horowitz to Withdraw as Attorney . Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Horowitz, Hayley)
June 13, 2017 Opinion or Order Filing 62 MEMO ENDORSEMENT: on re: #61 Status Report filed by Berlinrosen Public Affairs, Ltd., Risa Heller Communications LLC, Anat Gertein, Inc., The November Team, Inc., Mercury LLC. ENDORSEMENT: Application GRANTED. The parties shall file joint status letter every 90 days on the status of the above-referenced regulations and shall file an additional status letter within 3 days of final action on the regulations. If the parties file an action in state court at any point, they shall file a status letter within 3 days of such filing to notify the Court. SO ORDERED. (Signed by Judge Lorna G. Schofield on 6/13/2017) (ap)
June 9, 2017 Opinion or Order Filing 61 STATUS REPORT. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Horowitz, Hayley)
June 2, 2017 Opinion or Order Filing 60 ORDER: It is hereby ORDERED that by June 16, 2017, the parties shall submit a status letter updating the Court on whether a state court action has been filed, and including any deadlines associated with such a state court action. It is further ORDERED that if no state court action has been filed, the parties shall promptly file a status letter notifying the Court when such an action has been filed and/or notifying the Court if the appeal is reinstated. (Signed by Judge Lorna G. Schofield on 6/2/2017) (kgo)
February 3, 2017 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #58 Notice of Appeal. (tp)
February 3, 2017 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #58 Notice of Appeal, filed by Berlinrosen Public Affairs, Ltd., Risa Heller Communications LLC, Anat Gertein, Inc., The November Team, Inc., Mercury LLC were transmitted to the U.S. Court of Appeals. (tp)
February 2, 2017 Opinion or Order Filing 58 NOTICE OF APPEAL from #57 Memorandum & Opinion,,,. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. Filing fee $ 505.00, receipt number 0208-13273721. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Horowitz, Hayley)
January 11, 2017 Opinion or Order Filing 59 INTERNET CITATION NOTE: Material from decision with Internet citation re: #57 Memorandum & Opinion. (Attachments: #1 Internet Citation, #2 Internet Citation) (vf)
January 11, 2017 Opinion or Order Filing 57 OPINION AND ORDER re: #29 MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1). filed by New York State Joint Commission on Public Ethics. For the foregoing reasons, the Court abstains in this case, but retains jurisdiction pending a determination by a state court as to the meaning of the challenged state regulation. Plaintiff's motion for injunctive relief and Defendant's cross-motion to dismiss are DENIED without prejudice to renewal. Defendants' time to answer the Complaint is adjourned sine die, and the case is stayed. The Clerk of Court is respectfully directed to close the motion at Docket No. 29. (Signed by Judge Lorna G. Schofield on 1/11/2017) (kgo) Modified on 1/11/2017 (kgo).
September 30, 2016 Opinion or Order Filing 56 SECOND LETTER addressed to Judge Lorna G. Schofield from Hayley Horowitz dated September 30, 2016 re: Oral Argument. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Horowitz, Hayley)
September 30, 2016 Opinion or Order Filing 55 DECLARATION of Anat Gerstein, Inc. in Support re: #4 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Horowitz, Hayley)
September 30, 2016 Opinion or Order Filing 54 DECLARATION of Berlin/Rosen Public Affairs, Inc. in Support re: #4 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Horowitz, Hayley)
September 30, 2016 Opinion or Order Filing 53 DECLARATION of The November Team, LLC in Support re: #4 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Horowitz, Hayley)
September 30, 2016 Opinion or Order Filing 52 REPLY MEMORANDUM OF LAW in Support re: #4 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . and in Opposition re: 29 MOTION to Dismiss.. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Horowitz, Hayley)
September 15, 2016 Opinion or Order Filing 51 REPLY MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1). . Document filed by New York State Joint Commission on Public Ethics. (Lane, Thomas)
August 16, 2016 Opinion or Order Filing 50 MEMO ENDORSEMENT on re: #49 Letter, filed by Berlinrosen Public Affairs, Ltd., Risa Heller Communications LLC, Anat Gertein, Inc., The November Team, Inc., Mercury LLC. ENDORSEMENT: Application GRANTED in part. Defendant shall file its reply brief in further support of its motion to dismiss no later than September 15, 2016. Plaintiffs shall file their sur-reply, not to exceed ten pages and addressing only new issues raised by Defendant concerning the new legislation, no later than September 30, 2016. Defendant's motion for leave to file a sur-reply is denied. ( Replies due by 9/15/2016., Surreplies due by 9/30/2016.) (Signed by Judge Lorna G. Schofield on 8/16/2016) (kgo)
August 12, 2016 Opinion or Order Filing 49 JOINT LETTER addressed to Judge Lorna G. Schofield from Hayley Horowitz dated August 12, 2016 re: effect of recent legislation on Plaintiffs' claims. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Horowitz, Hayley)
August 8, 2016 Opinion or Order Filing 48 ORDER granting #47 Letter Motion for Extension of Time to File joint letter pursuant to June 21, 2016 and July 6, 2016 Orders [Dkt. Nos. 43 and 46]. Application GRANTED. The deadline for the parties to file the joint letter concerning the effect of the pending legislation is adjourned from August 8, 2016, to August 12, 2016. (Signed by Judge Lorna G. Schofield on 8/8/2016) (cf)
August 2, 2016 Opinion or Order Filing 47 JOINT LETTER MOTION for Extension of Time to File joint letter pursuant to June 21, 2016 and July 6, 2016 Orders [Dkt. Nos. 43 and 46], addressed to Judge Lorna G. Schofield from Seth E. Spitzer dated 8/2/2016. Document filed by New York State Joint Commission on Public Ethics.(Spitzer, Seth)
July 6, 2016 Opinion or Order Filing 46 ORDER granting #45 Letter Motion for Extension of Time to File: Application GRANTED. The deadline for the parties to file the joint letter pursuant to the Order dated June 21, 2016, is adjourned from July 7, 2016, to August 8, 2016. The deadline for Defendant to file its reply in further support of its motion to dismiss is adjourned from July 25, 2016, to August 25, 2016. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
July 5, 2016 Opinion or Order Filing 45 JOINT LETTER MOTION for Extension of Time to File a Joint Letter Concerning the June 21, 2016 Order [Document No. 44] addressed to Judge Lorna G. Schofield from Seth E. Spitzer dated July 5, 2016. Document filed by New York State Joint Commission on Public Ethics.(Spitzer, Seth)
June 21, 2016 Opinion or Order Filing 44 ORDER granting #43 Letter Motion for Extension of Time to File Response/Reply: Application GRANTED. The deadline for Defendant to file its reply brief in further support of their motion to dismiss is adjourned from June 24, 2016, to July 25, 2016. The parties shall file a joint letter not to exceed five single-spaced pages no later than July 7, 2016, explaining how they anticipate the June 17th legislation will affect the pending motions for preliminary injunction and to dismiss. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
June 21, 2016 Opinion or Order Filing 43 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1). {for 31-day extension to July 25, 2016 to file Reply Brief in further support of Motion to Dismiss Complaint} addressed to Judge Lorna G. Schofield from Seth E. Spitzer dated 6/21/2016. Document filed by New York State Joint Commission on Public Ethics.(Spitzer, Seth)
June 16, 2016 Opinion or Order Filing 42 LETTER addressed to Judge Lorna G. Schofield from Hayley Horowitz dated June 16, 2016 re: Oral Argument. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Horowitz, Hayley)
June 15, 2016 Opinion or Order Filing 41 DECLARATION of Andrew G. Celli, Jr. in Support re: #4 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Attachments: #1 Exhibit 13, #2 Exhibit 14, #3 Exhibit 15, #4 Exhibit 16, #5 Exhibit 17)(Horowitz, Hayley)
June 15, 2016 Opinion or Order Filing 40 REPLY MEMORANDUM OF LAW in Support re: #4 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . and in Opposition re: #29 MOTION to Dismiss. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Horowitz, Hayley)
May 31, 2016 Opinion or Order Filing 39 ORDER granting #38 Letter Motion for Extension of Time: Application GRANTED. The deadline for Plaintiffs' reply in further support of its motion for preliminary injunction and opposition to Defendants' motion to dismiss is extended from June 7, 2016, to June 15, 2016. The deadline for Defendants' reply in further support of its motion to dismiss is extended from June 16, 2016, to June 24, 2016. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
May 26, 2016 Opinion or Order Filing 38 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Hayley Horowitz dated May 26, 2016. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Horowitz, Hayley) Modified on 6/2/2016 (db).
May 23, 2016 Opinion or Order Filing 37 DECLARATION of Thomas Patrick Lane in Support re: #29 MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1).. Document filed by New York State Joint Commission on Public Ethics. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Lane, Thomas)
May 19, 2016 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 5/19/2016. (Court Reporter Kris Sellin) (jcs)
May 19, 2016 Opinion or Order Filing 36 ORDER: WHEREAS on May 19, 2016, a conference was held. For the reasons discussed at the conference, it is hereby ORDERED that Plaintiffs shall file a single memorandum of law, not to exceed 30 pages, as a reply in support of their application for a preliminary injunction and in opposition to Defendants' motion to dismiss, no later than June 7, 2016; Defendants' shall file a reply in further support of their motion to dismiss, not to exceed 10 pages, on June 16, 2016. The parties are directed to the Court's Individual Rules for further instruction on the submission of motion papers. ORDERED that within one week of a decision on the motion to dismiss, if the case is not dismissed, the parties shall file a proposed Case Management Plan (available on the page with Judge Schofield's Individual Rules) and request a Rule 16 conference. Responses due by 6/7/2016 Replies due by 6/16/2016. (Signed by Judge Lorna G. Schofield on 5/19/2016) (kgo)
May 18, 2016 Opinion or Order Filing 35 MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1). . Document filed by New York State Joint Commission on Public Ethics. (Lane, Thomas)
May 17, 2016 Opinion or Order Filing 34 LETTER addressed to Judge Lorna G. Schofield from Hayley Horowitz dated 5/17/2016 re: Civil Case Management Plan and Scheduling Order. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Attachments: #1 Text of Proposed Order Civil Case Management Plan and Scheduling Order)(Horowitz, Hayley)
May 16, 2016 Opinion or Order Filing 33 ORDER: It is hereby ORDERED that, by May 17, 2016, the parties shall file the Proposed Civil Case Management Plan and Scheduling Order. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 5/16/2016) (kgo)
May 16, 2016 Opinion or Order Filing 32 MEMORANDUM OF LAW in Opposition re: #3 Order,, -- Memorandum of Law in Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. Document filed by New York State Joint Commission on Public Ethics. (Lane, Thomas)
May 13, 2016 Opinion or Order Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Thomas Patrick Lane in Support re: #29 MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1).. Document filed by New York State Joint Commission on Public Ethics. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 part 1, #4 Exhibit 3 part 2, #5 Exhibit 4)(Lane, Thomas) Modified on 5/24/2016 (ka).
May 13, 2016 Opinion or Order Filing 30 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #35 Memorandum) - MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1). . Document filed by New York State Joint Commission on Public Ethics. (Lane, Thomas) Modified on 5/20/2016 (db).
May 13, 2016 Opinion or Order Filing 29 MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1). Document filed by New York State Joint Commission on Public Ethics.(Lane, Thomas)
May 10, 2016 Opinion or Order Filing 28 ORDER granting #25 Motion for Dan K. Webb to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
May 10, 2016 Opinion or Order Filing 27 ORDER granting in part and denying in part #26 Letter Motion for Leave to File Excess Pages: Application GRANTED in part. Defendants' brief in opposition to Plaintiffs' motion for preliminary injunction shall not exceed 30 pages. Plaintiffs' reply brief in further support of their motion for preliminary injunction shall not exceed 15 pages. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
May 5, 2016 Opinion or Order Filing 26 CONSENT LETTER MOTION for Leave to File Excess Pages as to opposition and reply to Plaintiffs' Motion for Preliminary Injunction, addressed to Judge Lorna G. Schofield from Seth E. Spitzer dated 5/5/2016. Document filed by New York State Joint Commission on Public Ethics.(Spitzer, Seth)
May 2, 2016 Opinion or Order Filing 25 MOTION for Dan K. Webb to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12250239. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by New York State Joint Commission on Public Ethics. (Attachments: #1 Ex. A - Certificate of Good Standing, #2 Text of Proposed Order)(Webb, Dan)
May 2, 2016 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Dan K. Webb to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12250239. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
April 28, 2016 Opinion or Order Filing 24 ORDER granting #22 Letter Motion to Adjourn Conference. APPLICATION GRANTED. The Initial Conference, scheduled for May 5, 2016, is adjourned to May 19, 2016, at 11:10 a.m. Initial Conference set for 5/19/2016 at 11:10 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/28/2016) (kl)
April 28, 2016 Opinion or Order Filing 23 LETTER addressed to Judge Lorna G. Schofield from Hayley Horowitz dated 4/28/2016 re: Initial Conference. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Horowitz, Hayley)
April 28, 2016 Opinion or Order Filing 22 LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Hayley Horowitz dated 4/28/2016. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Horowitz, Hayley)
April 21, 2016 Opinion or Order Filing 21 STIPULATION AND ORDER: The above-referenced action is hereby voluntarily dismissed as against the individual defendants, Daniel J. Horwitz, David Arroyo, Hon. Joseph Covello, Marvin E. Jacob, Seymour Knox IV, Hon. Eileen Korelz, Gary J. Lavine, Hon. Mary Lou Rath, David A. Renzi, Michale A. Romeo, Hon. Renee R. Roth, Michael K. Rozen, Dawn L. Smalls, and George H. Weissman, in their official capacities as members of the Commission ("Individual Defendants"); Each and every Individual Defendant will be bound, in his or her official capacity, by any Order of the Court in this action, including any Order enjoining, temporarily or permanently, any portion of the Opinion, as though he or she were a party to this action, notwithstanding his or her dismissal from this action; Each and every Individual Defendant will be subject to all discovery obligations as though he or she were a party to this action, notwithstanding his or her dismissal from this action. Such discovery obligations shall extend only to the same extent as any discovery that would be available against an Individual Defendant in their official capacity; The Commission shall not use the dismissal of the Individual Defendants from this Action, or the existence or impact of this Stipulation, as the basis for any defense or argument in this Action, or in any other action to enforce an Order of the Court in this action; and The caption shall be amended to reflect the dismissal of the Individual Defendants. Daniel J. Horwitz (In their official capacities as members of the New York State Joint Commission on Public Ethics), Marvin E. Jacob (In their official capacities as members of the New York State Joint Commission on Public Ethics), Seymour Knox, IV (In their official capacities as members of the New York State Joint Commission on Public Ethics), Eileen Koretz (In their official capacities as members of the New York State Joint Commission on Public Ethics), Gary J. Lavine (In their official capacities as members of the New York State Joint Commission on Public Ethics), Mary Lou Rath (In their official capacities as members of the New York State Joint Commission on Public Ethics), David A. Renzi (In their official capacities as members of the New York State Joint Commission on Public Ethics), Michael A. Romeo (In their official capacities as members of the New York State Joint Commission on Public Ethics), Renee R. Roth (In their official capacities as members of the New York State Joint Commission on Public Ethics), Michael K. Rozen (In their official capacities as members of the New York State Joint Commission on Public Ethics), Dawn L. Smalls (In their official capacities as members of the New York State Joint Commission on Public Ethics), George H. Weisman (In their official capacities as members of the New York State Joint Commission on Public Ethics), David Arroyo (In their official capacities as members of the New York State Joint Commission on Public Ethics) and Joseph Covello (In their official capacities as members of the New York State Joint Commission on Public Ethics) terminated. (Signed by Judge Lorna G. Schofield on 4/21/2016) (tn)
April 4, 2016 Opinion or Order Filing 20 NOTICE OF APPEARANCE by Seth Eliot Spitzer on behalf of David Arroyo, Joseph Covello, Daniel J. Horwitz, Seymour Knox, IV, Eileen Koretz, Gary J. Lavine, New York State Joint Commission on Public Ethics, Mary Lou Rath, David A. Renzi, Michael A. Romeo, Michael K. Rozen, George H. Weisman. (Spitzer, Seth)
April 4, 2016 Opinion or Order Filing 19 NOTICE OF APPEARANCE by Thomas Patrick Lane on behalf of David Arroyo, Joseph Covello, Daniel J. Horwitz, Seymour Knox, IV, Eileen Koretz, Gary J. Lavine, New York State Joint Commission on Public Ethics, Mary Lou Rath, David A. Renzi, Michael A. Romeo, Michael K. Rozen, George H. Weisman. (Lane, Thomas)
April 1, 2016 Opinion or Order Filing 18 STIPULATION AND ORDER: It is hereby STIPULATED AND AGREED among the parties, AND ORDERED, THAT: 1. Defendants' briefs in opposition to plaintiffs' motion for a Preliminary Injunction shall be filed on or before May 16, 2016; 2. Plaintiffs' reply in further support of their motion for a Preliminary Injunction shall be filed on or before June 7, 2016. 3. In order to preserve the status quo until the motion for a Preliminary Injunction is resolved that, pending the hearing and determination of plaintiffs' motion for a preliminary injunction, and pending the hearing and determination of any appeal, Defendants shall not take any enforcement action with respect to plaintiffs' activities, if any, that do not relate to: (a) any direct communication between any plaintiff and any Public Official, as that term is defined in the Act, N.Y. Leg. Law 1-c(1); or (b) any explicit exhortation to any member of public to directly contact any Public Official; and 4. Pending the hearing and determination of plaintiffs' for a preliminary injunction, and pending the hearing and determination of any appeal, registration obligations of plaintiffs or their clients, if any, under the Lobbying Act, N.Y. Leg. Law 1-e 1-h, 1-I, and 1-j, that do not relate to (a) any direct communication between any plaintiff and any Public Official, as that term is defined in the Act, N.Y. Law 1-c(1); or (b) any explicit exhortation to any member of the public to directly contact any Public Official, are stayed. 5. By agreeing to this stipulation and order, Defendants are reserving and not waiving any and all rights, defenses and remedied, and not waiving but expressly preserving all rights and defenses at law or in equity to Plaintiffs' Complaint and Motion for a Temporary Restraining Order and Preliminary Injunction in this action. ( Responses due by 5/16/2016, Replies due by 6/7/2016.) (Signed by Judge Lorna G. Schofield on 4/1/2016) (mro) Modified on 4/6/2016 (mro).
April 1, 2016 Opinion or Order Filing 17 LETTER addressed to Judge Lorna G. Schofield from Hayley Horowitz dated April 1, 2016 re: Proposed Stipulation and Order re Briefing Schedule and Stay of Enforcement. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Horowitz, Hayley)
March 23, 2016 Opinion or Order Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Allen Dickerson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12099764. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit)(Dickerson, Allen) Modified on 3/23/2016 (sdi).
March 23, 2016 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #16 MOTION for Allen Dickerson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12099764. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the motion was not signed; missing Certificate of Good Standing from Supreme Court of Virginia;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi)
March 22, 2016 Opinion or Order Filing 15 STIPULATION AND ORDER: It is hereby stipulated and agreed between the parties, and ordered, that in order to preserve the status quo until defendants hire alternate outside counsel, defendants shall not take any enforcement action before April 1, 2016 under the N.Y. Lobbying Act (the "Act") with respect to plaintiffs' activities, if any, that do not relate to: (a) any direct communication betweenany plaintiff and any Public Official, as that term is defined in the Act, N.Y. Leg. Law 1-c(l); or (b) any explicit exhortation to any member of the public to directly contact any Public Official. It is also hereby stipulated and agreed between the parties, and ordered, that the deadline for the parties to submit a proposed briefing schedule on the P1 Motion and proposed order pursuant to paragraph 5 is extended until April 1, 2016. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 3/22/2016) (kgo)
March 18, 2016 Opinion or Order Filing 14 SECOND LETTER MOTION for Extension of Time enforcement addressed to Judge Lorna G. Schofield from Andrew G. Celli, Jr. dated 3/18/2016., SECOND LETTER MOTION to Stay to propose a briefing schedule addressed to Judge Lorna G. Schofield from Andrew G. Celli, Jr. dated 3/18/2016. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Attachments: #1 Text of Proposed Order)(Celli, Andrew)
March 18, 2016 Opinion or Order Filing 13 DECLARATION of Andrew G. Celli, Jr. in Support re: #3 Order,,. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Celli, Andrew)
March 18, 2016 Opinion or Order Filing 12 MEMORANDUM OF LAW in Support re: #3 Order,, Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction dated 3/8/2016. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Celli, Andrew)
March 18, 2016 Opinion or Order Filing 11 ORDER: Initial Conference set for 5/5/2016 at 10:40 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/18/2016) (kgo)
March 11, 2016 Opinion or Order Filing 10 STIPULATION AND ORDER: 1. Whereas, the Complaint and a Motion for a Temporary Restraining Order and Preliminary Injunction ("PI Motion") were filed in the above-captioned action on March 8, 2016; and 2. Whereas defendants are seeking alternate outside counsel to represent them in this action and expect to have retained such counsel before March 18, 2016; and 3. Whereas the parties will contemplate an agreement concerning a further stay of enforcement pending adjudication of the PI Motion once alternate outside counsel has been retained, 4. It is hereby stipulated and agreed between the parties, and ordered, that in order to preserve the status quo until defendants hire alternate outside counsel, defendants shall not take any enforcement action before March 18, 2016 under the N.Y. Lobbying Act (the "Act") with respect to plaintiffs' activities, if any, that do not related to: (a) any direct communication between any plaintiff and any Public Official, as that term is defined in the Act, N.Y. Leg. Law 1-c(1); or (b) any explicit exhortation to any member of the public to directly contact any Public Official. 5. It is also hereby stipulated and agreed between the parties, and ordered, that registration obligations of plaintiffs' or their clients', if any, under the Lobbying Act, N.Y. Leg. Law 1-e 1-h, 1-I and 1-j, that do not related to: (a) any direct communication between any plaintiff and any Public Official, as that term is defined in the Act, N.Y. Leg. Law 1-c(1); or (b) any explicit exhortation to any member of the public to directly contact any Public Official, are stayed until March 18, 2016. 6. It is also hereby stipulated and agreed between the parties, and ordered, that on March 8, 2016, plaintiffs served by hand copies of the Summons and Complaint in this action, together with a copy of their PI Motion and the papers on which it is based, upon an Assistant Attorney General from the N.Y. Office of the Attorney General, and that such service is deemed good and sufficient service upon all defendants. 7. By stipulating to paragraphs 4 and 5 above, Defendants do not waive any affirmative defenses to the Complaint in this action. The deadline for the parties to submit a proposed briefing schedule and proposed order staying any enforcement against Plaintiffs' activities pursuant to Paragraphs 4 and 5 of this Order during the pendency of the motion for preliminary injunction is extended from March 11, 2016, to March 18, 2016. (Signed by Judge Lorna G. Schofield on 3/11/2016) (mro)
March 11, 2016 Opinion or Order Filing 9 FIRST LETTER MOTION to Stay enforcement addressed to Judge Lorna G. Schofield from Hayley Horowitz dated March 11, 2016., FIRST LETTER MOTION for Extension of Time to propose a briefing schedule addressed to Judge Lorna G. Schofield from Hayley Horowitz dated March 11, 2016. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Attachments: #1 Text of Proposed Order)(Horowitz, Hayley)
March 11, 2016 Opinion or Order Filing 8 ORDER: WHEREAS on March 11, 2016, Plaintiffs' counsel notified the Court that the submission at Docket No. 7 was filed in error. It is hereby ORDERED that Docket No. 7 is stricken from the docket. (Signed by Judge Lorna G. Schofield on 3/11/2016) (kgo)
March 11, 2016 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Andrew G. Celli to MANUALLY RE-FILE Document Nos. [4-6] Order to Show Cause with Supporting Documents. These documents are not filed via ECF. (db)
March 11, 2016 Opinion or Order ***DELETED DOCUMENT. Deleted document number 7 LETTER MOTION. The document was incorrectly filed in this case. (kgo)
March 10, 2016 Opinion or Order Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Andrew G. Celli, Jr. in Support re: #4 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Celli, Andrew) Modified on 3/11/2016 (db).
March 10, 2016 Opinion or Order Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #4 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . . Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Horowitz, Hayley) Modified on 3/11/2016 (db).
March 10, 2016 Opinion or Order Filing 4 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Temporary Restraining Order ., MOTION for Preliminary Injunction . Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Horowitz, Hayley) Modified on 3/11/2016 (db).
March 8, 2016 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Show Cause Hearing held on 3/8/2016. (Court Reporter Carrol Ganley) (jcs)
March 8, 2016 Opinion or Order Filing 3 ORDER: It is hereby ORDERED that the motion for a temporary restraining order is denied without prejudice to renewal; ORDERED that, no later than March 11, 2016, the parties shall submit a letter and proposed order (1) reflecting any agreement to stay enforcement of the Opinion in dispute pending adjudication of the motion for preliminary injunction, and (2) proposing a briefing schedule for the motion for preliminary injunction. ORDERED that the parties shall file the motion papers submitted to the Court by hand today, and submit a Word version of the proposed order referenced in the preceding paragraph to Chambers via e-mail. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 3/8/2016) (spo)
March 8, 2016 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (moh) (laq).
March 8, 2016 Opinion or Order Filing 1 COMPLAINT against David Arroyo, Joseph Covello, Daniel J. Horwitz, Marvin E. Jacob, Seymour Knox, IV, Eileen Koretz, Gary J. Lavine, New York State Joint Commission on Public Ethics, Mary Lou Rath, David A. Renzi, Michael A. Romeo, Renee R. Roth, Michael K. Rozen, Dawn L. Smalls, George H. Weisman. (Filing Fee $ 400.00, Receipt Number 465401147470)Document filed by Mercury LLC, The November Team, Inc., Risa Heller Communications LLC, Berlinrosen Public Affairs, Ltd., Anat Gertein, Inc..(moh) (laq).
March 8, 2016 Opinion or Order SUMMONS ISSUED as to David Arroyo, Joseph Covello, Daniel J. Horwitz, Marvin E. Jacob, Seymour Knox, IV, Eileen Koretz, Gary J. Lavine, New York State Joint Commission on Public Ethics, Mary Lou Rath, David A. Renzi, Michael A. Romeo, Renee R. Roth, Michael K. Rozen, Dawn L. Smalls, George H. Weisman. (moh)
March 8, 2016 Opinion or Order Case Designated ECF. (moh)
March 8, 2016 Opinion or Order Magistrate Judge Ronald L. Ellis is so designated. (moh)

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Search for this case: The November Team, Inc. et al v. New York State Joint Commission on Public Ethics et al
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Plaintiff: The November Team, Inc
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Plaintiff: The November Team, Inc.
Represented By: Andrew G. Celli
Represented By: Hayley Horowitz
Represented By: Ilann M. Maazel
Represented By: Allen Dickerson
Represented By: Zoe Antonia Salzman
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Plaintiff: Anat Gertein, Inc.
Represented By: Andrew G. Celli
Represented By: Hayley Horowitz
Represented By: Ilann M. Maazel
Represented By: Allen Dickerson
Represented By: Zoe Antonia Salzman
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Plaintiff: Berlinrosen Public Affairs, Ltd.
Represented By: Andrew G. Celli
Represented By: Hayley Horowitz
Represented By: Ilann M. Maazel
Represented By: Allen Dickerson
Represented By: Zoe Antonia Salzman
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Plaintiff: Risa Heller Communications LLC
Represented By: Andrew G. Celli
Represented By: Hayley Horowitz
Represented By: Ilann M. Maazel
Represented By: Allen Dickerson
Represented By: Zoe Antonia Salzman
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Plaintiff: Mercury LLC
Represented By: Andrew G. Celli
Represented By: Hayley Horowitz
Represented By: Ilann M. Maazel
Represented By: Allen Dickerson
Represented By: Zoe Antonia Salzman
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Defendant: New York State Joint Commission on Public Ethics
Represented By: Dan K. Webb
Represented By: Seth Eliot Spitzer
Represented By: Thomas Patrick Lane
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Defendant: Daniel J. Horwitz
Represented By: Seth Eliot Spitzer
Represented By: Thomas Patrick Lane
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Defendant: David Arroyo
Represented By: Seth Eliot Spitzer
Represented By: Thomas Patrick Lane
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Defendant: Hon. Joseph Covello
Represented By: Seth Eliot Spitzer
Represented By: Thomas Patrick Lane
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Defendant: Marvin E. Jacob
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Defendant: Seymour Knox, IV
Represented By: Seth Eliot Spitzer
Represented By: Thomas Patrick Lane
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Defendant: Hon. Eileen Koretz
Represented By: Seth Eliot Spitzer
Represented By: Thomas Patrick Lane
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Defendant: Gary J. Lavine
Represented By: Seth Eliot Spitzer
Represented By: Thomas Patrick Lane
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Defendant: Mary Lou Rath
Represented By: Seth Eliot Spitzer
Represented By: Thomas Patrick Lane
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Defendant: David A. Renzi
Represented By: Seth Eliot Spitzer
Represented By: Thomas Patrick Lane
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Defendant: Michael A. Romeo
Represented By: Seth Eliot Spitzer
Represented By: Thomas Patrick Lane
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Defendant: Hon. Renee R. Roth
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Defendant: Michael K. Rozen
Represented By: Seth Eliot Spitzer
Represented By: Thomas Patrick Lane
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Defendant: Dawn L. Smalls
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Defendant: George H. Weisman
Represented By: Seth Eliot Spitzer
Represented By: Thomas Patrick Lane
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