Washington et al v. Sessions et al
Five plaintiffs filed this lawsuit against the US Attorney General challenging the administrationâs stance against marijuana, particularly medical marijuana. The complaint makes numerous novel legal arguments, including one argument that the government's current position is inconsistent with its prior obtaining a patent on compounds in the drug to protect against brain damage in 2003 and the 2015 declaration by the surgeon general under President Obama that pot has medical benefits.
| Marvin Washington, Dean Bortell, Alexis Bortell, Jose Belen, Sebastien Cotte, Jagger Cotte and Cannabis Cultural Association, Inc. |
| Jefferson Beauregard Sessions, III, United States Department of Justice, Charles Chuck Rosenberg, United States Drug Enforcement Agency and United States of America |
| 1:2017cv05625 |
| July 24, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Alvin K. Hellerstein |
| Other Civil Rights |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for 71 Amended Notice of Appeal, filed by Jose Belen, Marvin Washington, Jagger Cotte, Alexis Bortell, Dean Bortell, Sebastien Cotte, Cannabis Cultural Association, Inc. were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 71 Amended Notice of Appeal. (tp) |
| Filing 71 AMENDED NOTICE OF APPEAL re: 70 Notice of Appeal, 65 Clerk's Judgment,,, 64 Memorandum & Opinion,,. Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington. (Hiller, Michael) |
| Filing 70 NOTICE OF APPEAL from 65 Clerk's Judgment,,, 64 Memorandum & Opinion,,. Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington. Filing fee $ 505.00, receipt number 0208-14870190. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Hiller, Michael) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 70 Notice of Appeal,. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 70 Notice of Appeal, filed by Jose Belen, Marvin Washington, Jagger Cotte, Alexis Bortell, Dean Bortell, Sebastien Cotte, Cannabis Cultural Association, Inc. were transmitted to the U.S. Court of Appeals. (nd) |
| Filing 69 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 2/14/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 68 TRANSCRIPT of Proceedings re: conference held on 2/14/2018 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/3/2018. Redacted Transcript Deadline set for 4/13/2018. Release of Transcript Restriction set for 6/11/2018.(McGuirk, Kelly) |
| Filing 67 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 2/14/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 66 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/14/2018 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/29/2018. Redacted Transcript Deadline set for 4/9/2018. Release of Transcript Restriction set for 6/6/2018.(McGuirk, Kelly) |
| Filing 65 CLERK'S JUDGMENT re: 64 Memorandum & Opinion, in favor of United States Department of Justice, United States Drug Enforcement Agency, United States of America, Charles Chuck Rosenberg, Jefferson Beauregard Sessions, III, Robert W. Patterson against Cannabis Cultural Association, Inc., Alexis Bortell, Dean Bortell, Jagger Cotte, Jose Belen, Marvin Washington, Sebastien Cotte. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated February 26, 2018, defendants' motion to dismiss the complaint is granted. Plaintiffs have already amended their complaint once, and the court finds that further amendments would be futile. Ruffolo v. Oppenheimer & Co., 987 F.2d 129, 131 (2d Cir. 1993); accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 02/26/2018) (Attachments: # 1 Right to Appeal)(km) |
Filing 64
OPINION AND ORDER GRANTING MOTION TO DISMISS re: 36 MOTION to Dismiss, filed by United States Drug Enforcement Agency, Jefferson Beauregard Sessions, III, Robert W. Patterson, United States Department of Justice, United States of America. For the reasons stated herein, defendants' motion to dismiss the complaint is granted. Plaintiffs have already amended their complaint once, and I find that further amendments would be futile. Ruffolo v. Oppenheimer & Co., 987 F.2d 129, 131 (2d Cir. 1993). The clerk is instructed to terminate the motion (ECF 36), mark the case as closed, and tax costs as appropriate. (Signed by Judge Alvin K. Hellerstein on 2/26/2018) (ras)
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Transmission to Judgments and Orders Clerk. Transmitted re: 64 Opinion and Order Granting Motion to Dismiss to the Judgments and Orders Clerk. (ras)
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| Terminate Transcript Deadlines (km) |
| Filing 63 MEMO ENDORSEMENT: on re: 61 Letter, filed by Jose Belen, Marvin Washington, Jagger Cotte, Alexis Bortell, Dean Bortell, Sebastien Cotte, Cannabis Cultural Association, Inc. ENDORSEMENT: Motion for reconsideration of ruling is denied. I have reviewed all the arguments stated in this letter, which will be docketed. There is not good reason to extend the period for briefing. (Signed by Judge Alvin K. Hellerstein on 2/23/2018) (ap) |
| Filing 62 LETTER addressed to Judge Alvin K. Hellerstein from Samuel Dolinger dated 2/23/2018 re: Defendants' response to Plaintiffs' letter dated February 20, 2018. Document filed by Robert W. Patterson, Jefferson Beauregard Sessions, III, United States Department of Justice, United States Drug Enforcement Agency, United States of America.(Dolinger, Samuel) |
| Filing 61 LETTER addressed to Judge Alvin K. Hellerstein from Michael S. Hiller dated February 20, 2018 re: Motion to Dismiss. Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington.(Hiller, Michael) |
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Filing 60
ENDORSED LETTER addressed to Concerned Parties from Brigitte Jones dated 2/13/2018 re: You are hereby notified that the previous oral argument scheduled for February 14, 2018 at 2:30 p.m. is cancelled. You are hereby notified that you are required to appear for oral argument. Date: February 14, 2018. Time: 11:00 a.m. Place: U.S. Courthouse - Southern District of New York, 500 Pearl Street, Courtroom 14D, New York, New York, 10007. It is ORDERED that counsel to whom this Order is sent is responsible for faxing a copy to all counsel involved in this case and retaining verification of such in the case file. Do not fax such verification to Chambers. ENDORSEMENT: So Ordered. (Oral Argument set for 2/14/2018 at 11:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/13/2018) (ras)
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| Filing 59 MEMO ENDORSEMENT on re: 58 LETTER addressed to Judge Alvin K. Hellerstein from Joseph A. Bondy, Esq. dated February 12, 2018 re: Facilitating audio/video link to Plaintiff Alexis Bortell, and moving to ceremonial courtroom. Document filed by Alexis Bortell. ENDORSEMENT: Oral argument will be held in Courtroom 14D. Arrangements for a direct line to plaintiff, and any others, should be made with the District Executive. (Signed by Judge Alvin K. Hellerstein on 2/12/2018) (rjm) |
| Filing 58 LETTER addressed to Judge Alvin K. Hellerstein from Joseph A. Bondy, Esq. dated February 12, 2018 re: Facilitating audio/video link to Plaintiff Alexis Bortell, and moving to ceremonial courtroom. Document filed by Alexis Bortell.(Bondy, Joseph) |
| Filing 57 MEMORANDUM OF LAW in Opposition to Request for a Temporary Restraining Order, dated September 8, 2017. Document filed by Robert W. Patterson, Jefferson Beauregard Sessions, III, United States Department of Justice, United States Drug Enforcement Agency, United States of America. (Dolinger, Samuel) |
| Filing 56 MEMORANDUM OF LAW in Support re: 53 Order,, . Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington. (Hiller, Michael) |
| Filing 55 DECLARATION of Keith Stroup in Support re: 53 Order,,. Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington. (Hiller, Michael) |
| Filing 54 DECLARATION of Michael S. Hiller in Support re: 53 Order,,. Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington. (Attachments: # 1 Affidavit Alexis Bortell, # 2 Affidavit Dean Bortell, # 3 Affidavit Dr. Gedde, # 4 Affidavit Roger Stone, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 6 Part II, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 8 Part II, # 15 Exhibit 9, # 16 Exhibit 10, # 17 Exhibit 11, # 18 Exhibit 12, # 19 Exhibit 13, # 20 Exhibit 14, # 21 Exhibit 15, # 22 Exhibit 16, # 23 Exhibit 17, # 24 Exhibit 18, # 25 Exhibit 19, # 26 Exhibit 20, # 27 Exhibit 21, # 28 Exhibit 22, # 29 Exhibit 23, # 30 Exhibit 24)(Hiller, Michael) |
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Filing 53
ORDER: On September 8, 2017, plaintiffs moved the Court for an order to show cause why a temporary restraining order should not issue. That same day, the Court denied plaintiff's motion, and the Court issued a written order confirming that result on September 11, 2017. The Court is now aware that none of the briefing associated with plaintiffs' motion was placed on the ECF docket. The parties shall submit all outstanding filings that were submitted to the Court but not placed on the docket no later than February 2, 2018. (Signed by Judge Alvin K. Hellerstein on 1/31/2018) (ras)
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| Set/Reset Deadlines: Brief due by 2/2/2018. (ras) |
| Filing 52 LETTER addressed to Judge Alvin K. Hellerstein from Michael S. Hiller dated January 10, 2018 re: Response to the letter submitted January 8, 2018 by Samuel Dolinger on behalf of the defendants.. Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington.(Hiller, Michael) |
| Filing 51 LETTER addressed to Judge Alvin K. Hellerstein from Samuel Dolinger dated 1/8/2018 re: Attorney General's memorandum regarding marijuana enforcement dated January 4, 2018. Document filed by Robert W. Patterson, Jefferson Beauregard Sessions, III, United States Department of Justice, United States Drug Enforcement Agency, United States of America. (Attachments: # 1 Exhibit A - Attorney General's Memorandum)(Dolinger, Samuel) |
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Filing 50
ENDORSED LETTER addressed to Concerned Parties from Brigitte Jones dated 1/5/2018 re: You are hereby notified that you are required to appear for an oral argument. Date: February 14, 2018. Time: 2:30 pm. Place: U.S. Courthouse - Southern District of New York, 500 Pearl Street, Courtroom 14D, New York, New York, 10007. It is ORDERED that counsel to whom this Order is sent is responsible for faxing a copy to all counsel involved in this case and retaining verification of such in the case file. Do not fax such verification to Chambers. ENDORSEMENT: So Ordered. (Oral Argument set for 2/14/2018 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 1/5/2018) (ras)
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| Filing 49 REPLY MEMORANDUM OF LAW in Support re: 36 MOTION to Dismiss . . Document filed by Robert W. Patterson, Jefferson Beauregard Sessions, III, United States Department of Justice, United States Drug Enforcement Agency, United States of America. (Dolinger, Samuel) |
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Filing 48
ORDER granting 47 Letter Motion for Extension of Time to File Response/Reply re 36 MOTION to Dismiss. So ordered. (Replies due by 12/29/2017.) (Signed by Judge Alvin K. Hellerstein on 12/13/2017) (ras)
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| Filing 47 CONSENT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Alvin K. Hellerstein from Samuel Dolinger dated 12/13/2017. Document filed by Robert W. Patterson, Jefferson Beauregard Sessions, III, United States Department of Justice, United States Drug Enforcement Agency, United States of America.(Dolinger, Samuel) |
| Filing 46 MEMORANDUM OF LAW in Opposition re: 36 MOTION to Dismiss . . Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington. (Hiller, Michael) |
| Filing 45 MEMORANDUM OF LAW in Opposition re: 36 MOTION to Dismiss . . Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington. (Hiller, Michael) |
| Filing 44 MEMORANDUM OF LAW in Opposition re: 36 MOTION to Dismiss . . Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington. (Attachments: # 1 Appendix Chart, # 2 Appendix Kadonsky v. Lee)(Hiller, Michael) |
| Filing 43 DECLARATION of Michael S. Hiller in Opposition re: 36 MOTION to Dismiss .. Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington. (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibit Qunnipiac Poll, # 3 Exhibit Hemp for Victory, # 4 Exhibit Article, # 5 Exhibit Article, # 6 Exhibit ALJ Young Decision, # 7 Exhibit Patent Application, # 8 Exhibit Ogden Memo, # 9 Exhibit Cole Memo, # 10 Exhibit FinCEN Guidance, # 11 Exhibit ASA Request, # 12 Affidavit Aff. of Joseph A. Bondy, # 13 Affidavit Aff. Kordell Nesbitt, # 14 Affidavit Aff. of Leo Bridgewater, # 15 Affidavit Aff. of Thomas Motley)(Hiller, Michael) |
| Filing 42 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from David C. Holland dated 11/27/17 re: Plaintiffs request that the deadline by which to interpose opposition to the Government's dismissal motion be extended to Friday, December 1, 2017, and the Government's deadline to submit a Reply extended to Friday, December 15, 2017. ENDORSEMENT: So Ordered. ( Responses due by 12/1/2017, Replies due by 12/15/2017.) (Signed by Judge Alvin K. Hellerstein on 11/27/2017) (mro) |
| Filing 41 MEMO ENDORSEMENT granting 40 CONSENT MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Dismiss. ENDORSEMENT: So ordered. (Responses due by 11/27/2017. Replies due by 12/11/2017.) (Signed by Judge Alvin K. Hellerstein on 11/9/2017) (ras) |
| Filing 40 CONSENT MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Dismiss . . Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte.(Holland, David) |
| Filing 39 MEMO ENDORSEMENT on re: 38 Letter, filed by Jose Belen, Marvin Washington, Jagger Cotte, Alexis Bortell, Dean Bortell, Sebastien Cotte, Cannabis Cultural Association, Inc. ENDORSEMENT: So ordered. (Responses due by 11/10/2017. Replies due by 11/22/2017.) (Signed by Judge Alvin K. Hellerstein on 11/1/2017) (ras) |
| Filing 38 FIRST LETTER addressed to Judge Alvin K. Hellerstein from Lauren A. Rudick dated October 31, 2017 re: Request for adjournment of the parties' briefing schedule. Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington.(Hiller, Michael) |
| Filing 37 MEMORANDUM OF LAW in Support re: 36 MOTION to Dismiss . . Document filed by Robert W. Patterson, Jefferson Beauregard Sessions, III, United States Department of Justice, United States Drug Enforcement Agency, United States of America. (Dolinger, Samuel) |
| Filing 36 MOTION to Dismiss . Document filed by Jefferson Beauregard Sessions, III, United States Department of Justice, United States Drug Enforcement Agency, United States of America, Robert W. Patterson.(Dolinger, Samuel) |
| Filing 35 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 9/8/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 34 TRANSCRIPT of Proceedings re: ARGUMENT held on 9/8/2017 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/19/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 12/27/2017.(McGuirk, Kelly) |
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Filing 33
ORDER: At the case management conference held September 8, 2017, I suggested to the parties that discovery proceed according to a schedule to be agreed to, and that a motion to dismiss by the government be deferred. The government insists, however, that it wishes to test the legal sufficiency of the complaint before discovery, and that it can file a motion promptly. Upon reconsideration, I order as follows: 1. The government shall file its motion, pursuant to either Fed. R. Civ. P. 12(b), or, upon answering, pursuant to Fed. R. Civ. P. 12(c), by October 13, 2017. 2. Plaintiffs shall file opposition papers by November 3, 2017. 3. The government shall file reply papers by November 15, 2017. 4. Discovery shall await determination of this motion. 5. Both parties shall prepare the papers required for their Initial Disclosures pursuant to Fed. R. Civ. P. 26(a)(1), so that production can be made within seven days after the motion is determined, if it is determined favorably to plaintiffs. (Motions due by 10/13/2017. Responses due by 11/3/2017. Replies due by 11/15/2017.) (Signed by Judge Alvin K. Hellerstein on 9/20/2017) (ras)
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| Filing 32 SECOND LETTER addressed to Judge Alvin K. Hellerstein from Michael S. Hiller dated 9-15-17 re: Opposing Counsel's Violation of the Judge's Rules. Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington.(Hiller, Michael) |
| Filing 31 LETTER addressed to Judge Alvin K. Hellerstein from Samuel Dolinger dated 9/15/2017 re: Defendants' response to Plaintiffs' letter filed September 14, 2017. Document filed by Charles Chuck Rosenberg, Jefferson Beauregard Sessions, III, United States Department of Justice, United States Drug Enforcement Agency, United States of America.(Dolinger, Samuel) |
| Filing 30 FIRST LETTER addressed to Judge Alvin K. Hellerstein from Michael S. Hiller dated 9/14/17 re: Joint Scheduling Letter Regarding Discovery. Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington. (Attachments: # 1 Exhibit Email, # 2 Exhibit Email, # 3 Exhibit Email, # 4 Exhibit Email, # 5 Exhibit Email)(Hiller, Michael) |
| Filing 29 LETTER addressed to Judge Alvin K. Hellerstein from Samuel Dolinger dated 9/14/2017 re: Defendants' response to the Court's order regarding discovery scheduling. Document filed by Charles Chuck Rosenberg, Jefferson Beauregard Sessions, III, United States Department of Justice, United States Drug Enforcement Agency, United States of America.(Dolinger, Samuel) |
| Filing 28 FIRST LETTER addressed to Judge Alvin K. Hellerstein from Lauren A. Rudick dated September 11, 2017 re: Extension to Submit Joint Scheduling Letter Regarding Discovery. Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington.(Hiller, Michael) |
| Filing 27 LETTER addressed to Judge Alvin K. Hellerstein from Samuel Dolinger dated 9/11/2017 re: request for reconsideration of the Court's scheduling determinations. Document filed by Charles Chuck Rosenberg, Jefferson Beauregard Sessions, III, United States Department of Justice, United States Drug Enforcement Agency, United States of America.(Dolinger, Samuel) |
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Filing 26
ORDER DENYING A TEMPORARY RESTRAINING ORDER: On September 7, 2017, plaintiffs filed an order to show cause seeking a temporary restraining order in this action. I heard both parties in an on-the-record hearing on September 8, 2017. Plaintiffs' motion for a temporary restraining order is denied. After considering the four requirements for issuing a temporary injunction, and for the reasons stated on the record, I hold that the requirements are not satisfied. See Am. Civil Liberties Union v. Clapper, 804 F.3d 617, 622 (2d Cir. 2015) ("A party seeking a preliminary injunction must generally show a likelihood of success on the merits, a likelihood of irreparable harm in the absence of preliminary relief, that the balance of equities tips in the party's favor, and that an injunction is in the public interest."). A complete record is required. The parties shall proceed as expeditiously as is just and proper. The hearing will consolidate the hearing on a motion for a preliminary injunction with the trial on the merits. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."). Discovery shall commence promptly. The parties shall confer and submit a joint letter on September 11, 2017 to outline the discovery that will be necessary in this case, along with a proposed discovery and briefing schedule. A hearing will be scheduled promptly thereafter. (Signed by Judge Alvin K. Hellerstein on 9/11/2017) (ap)
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| Filing 25 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Charles Chuck Rosenberg served on 9/7/2017, answer due 9/28/2017; Jefferson Beauregard Sessions, III served on 9/7/2017, answer due 9/28/2017; United States Department of Justice served on 9/7/2017, answer due 9/28/2017; United States Drug Enforcement Agency served on 9/7/2017, answer due 9/28/2017; United States of America served on 9/7/2017, answer due 9/28/2017. Service was made by MAIL (Email). Document filed by Jagger Cotte; Alexis Bortell; Cannabis Cultural Association, Inc.; Dean Bortell; Jose Belen; Marvin Washington; Sebastien Cotte. (Hiller, Michael) |
| Filing 24 NOTICE OF APPEARANCE by Samuel Hilliard Dolinger on behalf of Charles Chuck Rosenberg, Jefferson Beauregard Sessions, III, United States Department of Justice, United States Drug Enforcement Agency, United States of America. (Dolinger, Samuel) |
| Filing 23 FIRST AMENDED COMPLAINT amending 1 Complaint,,, against Charles Chuck Rosenberg, Jefferson Beauregard Sessions, III, United States Department of Justice, United States Drug Enforcement Agency, United States of America.Document filed by Jagger Cotte, Alexis Bortell, Cannabis Cultural Association, Inc., Dean Bortell, Jose Belen, Marvin Washington, Sebastien Cotte. Related document: 1 Complaint,,,. (Attachments: # 1 Exhibit Poll, # 2 Exhibit Photo, # 3 Exhibit Article, # 4 Exhibit Article, # 5 Exhibit Decision, # 6 Exhibit Patent Application, # 7 Exhibit Memorandum, # 8 Exhibit Memorandum, # 9 Exhibit Memorandum, # 10 Exhibit Court Application)(Hiller, Michael) |
| Filing 22 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. All Defendants. Service was made by Mail. Document filed by Jagger Cotte, Alexis Bortell, Cannabis Cultural Association, Inc., Dean Bortell, Jose Belen, Marvin Washington, Sebastien Cotte. (Hiller, Michael) |
| Filing 21 ELECTRONIC SUMMONS ISSUED as to United States of America, U.S. Attorney and U.S. Attorney General. (rch) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to United States Drug Enforcement Agency. (rch) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to Charles Chuck Rosenberg. (rch) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to United States Department of Justice. (rch) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Jefferson Beauregard Sessions, III. (rch) |
| Filing 16 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cannabis Cultural Association, Inc..(Bondy, Joseph) |
| Filing 15 NOTICE OF APPEARANCE by Joseph Aaron Bondy on behalf of Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington. (Bondy, Joseph) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES OF AMERICA, re: 1 Complaint,,,. Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington. (Hiller, Michael) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DRUG ENFORCEMENT AGENCY, re: 1 Complaint,,,. Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington. (Hiller, Michael) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to CHARLES "CHUCK" ROSENBERG, in his official capacity as the Acting Director of the Drug Enforcement Agency, re: 1 Complaint,,,. Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington. (Hiller, Michael) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DEPARTMENT OF JUSTICE, re: 1 Complaint,,,. Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington. (Hiller, Michael) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to JEFFERSON BEAUREGARD SESSIONS, III, in his official capacity as the United States Attorney General, re: 1 Complaint,,,. Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington. (Hiller, Michael) |
| Filing 9 CIVIL COVER SHEET filed. (Hiller, Michael) |
| Filing 8 NOTICE OF CHANGE OF ADDRESS by Michael Steven Hiller on behalf of Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington. New Address: Hiller, PC, 600 Madison Avenue, Floor 22, New York, New York, United States 10022, 2123194000. (Hiller, Michael) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Steven Hiller. The party information for the following party/parties has been modified: UNITED STATES OF AMERICA, United States Drug Enforcement Agency (D.E.A.), Administrator Charles P. Rosenberg, US Department of Justice, Attorney General Jefferson Beauregard Sessions, III, Sebastien Cotte, Dean Bortell. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party text was omitted. (kl) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (kl) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (kl) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Steven Hiller to RE-FILE Document No. 6 Request for Issuance of Summons, 4 Request for Issuance of Summons, 5 Request for Issuance of Summons, 3 Request for Issuance of Summons, 2 Request for Issuance of Summons. The filing is deficient for the following reason(s): PLEASE MAKE SURE THE PARTIES ARE ENTERED ON THE SUMMONS CAPTION EXACTLY AS THEY APPEAR ON THE INITIAL PLEADING. IF THEY DO NOT FIT, PLEASE LIST FIRST PLAINTIFF/DEFENDANT AND THEN ADD "ET AL." ALSO, PLEASE ENTER THE PARTY AS TO WHO THE SUMMONS IS FOR EXACTLY AS THEY APPEAR ON THE COMPLAINT BOTH ON THE FORM AND IN DOCKET TEXT/ENTRY. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (kl) |
| Case Designated ECF. (kl) |
| Filing 7 NOTICE OF APPEARANCE by David Clifford Holland on behalf of Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte, Marvin Washington. (Holland, David) |
| Filing 6 FILING ERROR - DEFICIENT SUMMONS REQUEST - PARTY NAME & CAPTION ERROR REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES OF AMERICA, re: 1 Complaint,,,. Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte. (Hiller, Michael) Modified on 7/25/2017 (kl). |
| Filing 5 FILING ERROR - DEFICIENT SUMMONS REQUEST - PARTY NAME & CAPTION ERROR REQUEST FOR ISSUANCE OF SUMMONS as to US DEPARTMENT OF JUSTICE, re: 1 Complaint,,,. Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte. (Hiller, Michael) Modified on 7/25/2017 (kl). |
| Filing 4 FILING ERROR - DEFICIENT SUMMONS REQUEST - PARTY NAME & CAPTION ERROR REQUEST FOR ISSUANCE OF SUMMONS as to US DRUG ENFORCEMENT ADMINISTRATION, re: 1 Complaint,,,. Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte. (Hiller, Michael) Modified on 7/25/2017 (kl). |
| Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST - PARTY NAME & CAPTION ERROR REQUEST FOR ISSUANCE OF SUMMONS as to DEA CHIEF CHARLES P. ROSENBERG, re: 1 Complaint,,,. Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte. (Hiller, Michael) Modified on 7/25/2017 (kl). |
| Filing 2 FILING ERROR - DEFICIENT SUMMONS REQUEST - PARTY NAME & CAPTION ERROR REQUEST FOR ISSUANCE OF SUMMONS as to ATTORNEY GENERAL JEFFREY B. SESSIONS III, re: 1 Complaint. Document filed by Jose Belen, Alexis Bortell, Dean Bortell, Cannabis Cultural Association, Inc., Jagger Cotte, Sebastien Cotte. (Hiller, Michael) Modified on 7/25/2017 (kl). |
| Filing 1 COMPLAINT against Charles P. Rosenberg, Jefferson Beauregard Sessions, III, UNITED STATES OF AMERICA, US Department of Justice, United States Drug Enforcement Agency (D.E.A.). (Filing Fee $ 400.00, Receipt Number 0208-13935001)Document filed by Jagger Cotte, Alexis Bortell, Cannabis Cultural Association, Inc., Dean Bortell, Jose Belen, Marvin Washington, Sebastien Cotte. (Attachments: # 1 Exhibit Exhibit 1: Quinnipiac Poll, # 2 Exhibit Exhibit 2: Hemp for Victory, # 3 Exhibit Exhibit 3: Daily News Article, # 4 Exhibit Exhibit 4: Harper's Article, # 5 Exhibit Exhibit 5: Decision, # 6 Exhibit Exhibit 6: Cannabis Patent, # 7 Exhibit Exhibit 7: Ogden Memo, # 8 Exhibit Exhibit 8: Cole Memo, # 9 Exhibit Exhibit 9: FinCen Memo, # 10 Exhibit Exhibit 10: ASA Petition)(Hiller, Michael) |
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