The Art and Antique Dealers League of America, Inc. et al v. Basil Seggos
| The Art and Antique Dealers League of America, Inc. and The National Antique and Art Dealers Association of America, Inc. |
| Basil Seggos |
| 1:2018cv02504 |
| March 20, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Lorna G. Schofield |
| Constitutionality of State Statutes |
| 28 U.S.C. ยง 2201 |
| None |
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Filing
90
ORDER granting 89 Letter Motion for Extension of Time to File. Application GRANTED. The parties shall complete briefing of the cross-motions for summary judgment according to the following schedule: Defendant shall file his cross-motion for summary judgment and opposition to Plaintiffs' motion for summary judgment by June 26, 2020; Plaintiffs shall file the opposition to Defendant's motion and reply in support of Plaintiff's motion by July 17, 2020; and Defendant shall file the reply in support of Defendant's motion by July 24, 2020. (Signed by Judge Lorna G. Schofield on 6/18/2020) (rro)
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Filing
66
OPINION AND ORDER: For the foregoing reasons, Defendants and Intervenors' cross-motions to dismiss the TAC are GRANTED with respect to the preemption claim and DENIED with respect to the First Amendment claim. Plaintiffs' motion for sum mary judgment is DENIED as moot with respect to the preemption claim and DENIED without prejudice to renewal with respect to the First Amendment claim. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 8/14/2019) (cf)
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Filing
48
OPINION AND ORDER re: 23 MOTION for Summary Judgment . filed by The National Antique and Art Dealers Association of America, Inc., The Art and Antique Dealers League of America, Inc., 40 MOTION to Dismiss and Opposition to Motion for Summary Judgment. filed by Wildlife Conservation Society, Natural Resources Defense Council, Inc., The Humane Society of the United States, Center For Biological Diversity, 35 CROSS MOTION to Dismiss . filed by Ba sil Seggos. For the foregoing reasons, Defendants' motion to dismiss for lack of subject matter jurisdiction is GRANTED. Plaintiffs' motion for summary judgment and Intervenors' motion to dismiss are DENIED as moot. See Carter v. Hea lthPort Techs., 822 F.3d 47, 5455 (2d Cir. 2016) (stating that when a complaint is dismissed for lack of standing, the court lacks power to adjudicate the merits of the case). Should Plaintiffs wish to replead, they shall file within 21 days of th e date of this Opinion and Order: (a) a blackline version of Plaintiffs' proposed complaint, showing changes from the current Complaint and (b) a letter, not to exceed five pages, explaining how the legal deficiencies identified in this Opinio n and Order have been cured, and describing any other changes and what they are intended to accomplish. No pre-motion conference is necessary. The Clerk of Court is respectfully directed to close the motions at Docket Nos. 23, 35 and 40. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/1/2019) (cf) Transmission to Orders and Judgments Clerk for processing.
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