Geller v. De Blasio et al
| Pamela Geller |
| Police Commissioner Dermot Shea, Mayor Bill De Blasio, Dermot Shea and Bill De Blasio |
| 1:2020cv03566 |
| May 7, 2020 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 35 MANDATE of USCA (Certified Copy) as to #28 Notice of Appeal filed by Pamela Geller USCA Case Number 20-1592. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 6/8/2020. (tp) |
| Transmission of USCA Mandate/Order to the District Judge re: #35 USCA Mandate. (tp) |
| Filing 34 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/15/2020 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 33 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/15/2020 before Judge Denise L. Cote. Court Reporter/Transcriber: Lisa Smith, (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 6/12/2020. Redacted Transcript Deadline set for 6/22/2020. Release of Transcript Restriction set for 8/20/2020..(McGuirk, Kelly) |
| Filing 32 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/15/2020 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 31 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/15/2020 before Judge Denise L. Cote. Court Reporter/Transcriber: Lisa Smith, (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 6/10/2020. Redacted Transcript Deadline set for 6/22/2020. Release of Transcript Restriction set for 8/18/2020..(McGuirk, Kelly) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #28 Notice of Appeal..(nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #28 Notice of Appeal filed by Pamela Geller were transmitted to the U.S. Court of Appeals..(nd) |
| Filing 30 LETTER addressed to Judge Denise L. Cote from Towaki Komatsu dated 5/16/2020 re: Response to the memorandum opinion and order (see docket 22). (ama) |
| Filing 29 CLERK'S JUDGMENT re: #27 Memorandum & Opinion. in favor of Bill De Blasio, Dermot Shea against Pamela Geller. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated May 18, 2020, the Plaintiffs May 12, 2020 temporary restraining order is denied; as requested by the parties at the May 15 hearing, judgment is entered for the defendants and the case is closed. (Signed by Clerk of Court Ruby Krajick on 05/18/2020) (Attachments: #1 Notice of Right to Appeal) (dt) |
| Filing 28 NOTICE OF APPEAL from #27 Memorandum & Opinion,. Document filed by Pamela Geller. Filing fee $ 505.00, receipt number ANYSDC-19875611. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Yerushalmi, David) |
Filing 27
OPINION AND ORDER re: #13 EMERGENCY MOTION for Temporary Restraining Order . filed by Pamela Geller. The plaintiff's May 12, 2020 motion for a temporary restraining order is denied. As requested by the parties at the May 15 hearing, the Clerk of Court shall enter judgment for the defendants and close this case. (Signed by Judge Denise L. Cote on 5/18/2020) (jca) Transmission to Orders and Judgments Clerk for processing.
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| Minute Entry for proceedings held before Judge Denise L. Cote: Conference addressing plaintiff's TRO application held on 5/15/2020. (Court Reporter present) (gr) |
| Filing 26 REPLY MEMORANDUM OF LAW in Support re: #13 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Pamela Geller..(Yerushalmi, David) |
| Filing 25 DECLARATION of Pamela Geller in Support re: #13 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Pamela Geller..(Yerushalmi, David) |
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Filing 24
ORDER granting #23 Letter Motion for Leave to File Document. (Signed by Judge Denise L. Cote on 5/15/2020) (gr)
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| Filing 23 LETTER MOTION for Leave to File Reply Brief and Supp'l Declaration addressed to Judge Denise L. Cote from David Yerushalmi, Esq. dated 05/15/2020. Document filed by Pamela Geller. (Attachments: #1 Affidavit Supplemental Geller Dec., #2 Reply Brief).(Yerushalmi, David) |
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Filing 22
MEMORANDUM OPINION AND ORDER: On May 14, 2020, Towaki Komatsu filed a pro se motion to intervene in this case pursuant to Rule 24(b)(1)(B), Fed. R. Civ. P., which permits, at a courts discretion, intervention where the intervenor "has a claim or defense that shares with the main action a common question of law or fact." A court has broad discretion to permit or deny a motion to intervene brought pursuant to Rule 24(b)(1). Komatsu's May 14 motion to intervene is denied. (And as further set forth herein.) (Signed by Judge Denise L. Cote on 5/15/2020) (jca)
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Filing 21
MEMO ENDORSEMENT on re: #18 Letter filed by Pamela Geller. ENDORSEMENT: The May 15 TRO hearing shall proceed as a Skype for Business videoconference. The credentials for the hearing were provided in the Court's Order of May 12. (Signed by Judge Denise L. Cote on 5/14/2020) (mml)
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| Filing 20 LETTER addressed to Judge Denise L. Cote from Towaki Komatsu dated 5/14/2020 re: My name is Towaki Komatsu. I am filing this letter to request to be granted permissive intervention in the case referenced above pursuant to Federal Rule of Civil Procedure ("FRCP") Rule 24(b) as an interested party or to appear in it as an amicus curiae in the alternative. I am filing this letter in a timely manner after this case was commenced on 5/7/20. (ama) |
| Filing 19 MEMORANDUM OF LAW in Opposition re: #13 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Bill De Blasio(in his official capacity as Mayor, City of New York, New York), Bill De Blasio(individually), Dermot Shea(individually), Dermot Shea(in his official capacity as the Police Commissioner, City of New York, New York)..(Lulich, Aimee) |
| Filing 18 JOINT LETTER addressed to Judge Denise L. Cote from David Yerushalmi, Esq. dated 05/14/2020 re: Counsels' successful testing of videoconferening link. Document filed by Pamela Geller..(Yerushalmi, David) |
| Filing 17 DECLARATION of Dr. Demetre Daskalakis in Opposition re: #13 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Bill De Blasio(in his official capacity as Mayor, City of New York, New York), Bill De Blasio(individually), Dermot Shea(individually), Dermot Shea(in his official capacity as the Police Commissioner, City of New York, New York)..(Lulich, Aimee) |
| Filing 16 DECLARATION of Glenne Ellen Fucci in Opposition re: #13 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Bill De Blasio(in his official capacity as Mayor, City of New York, New York), Bill De Blasio(individually), Dermot Shea(individually), Dermot Shea(in his official capacity as the Police Commissioner, City of New York, New York). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Lulich, Aimee) |
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Filing 15
ORDER: Accordingly, it is hereby ORDERED that the defendants shall file any opposition to the plaintiffs motion for a temporary restraining order by Thursday, May 14, 2020 at 5:00 p.m. IT IS FURTHER ORDERED that a hearing on plaintiffs motion for a temporary restraining order is scheduled for Friday, May 15, 2020 at 4:00 p.m. The hearing will take place by Skype for Business videoconference. To access the conference, paste the following link into your browser: https://meet.lync.com/fedcourts-nysd/anthony_sampson/TJHFDA0U, and as further set forth in this order. IT IS FURTHER ORDERED that members of the press, public, or counsel who are unable to successfully access Skype for Business, may access the conference audio using the following credentials: Call-in number: 917-933-2166 Conference ID: 63632199 IT IS FURTHER ORDERED that by Thursday, March 14, 2020 at 5:00 p.m., the parties shall file a joint letter informing the Court whether they have successfully tested Skype for Business. If the parties are unable to successfully test Skype for Business, the May 15 hearing will proceed as a telephone conference, as opposed to a Skype for Business videoconference. If the hearing proceeds as a telephone conference, the parties shall use the following dial-in credentials, which are also accessible to the press and public: Dial-in: 888-363-4749 Access code: 4324948 (Set Deadlines/Hearing as to #13 EMERGENCY MOTION for Temporary Restraining Order: Responses due by 5/14/2020 Telephone Conference set for 5/15/2020 at 04:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/12/2020) (jwh) Modified on 5/14/2020 (jwh).
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| Filing 14 MEMORANDUM OF LAW in Support re: #13 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Pamela Geller. (Attachments: #1 Affidavit Ex. I to Pl's Br.Geller Dec., #2 Exhibit Ex. 1 to Geller Dec., #3 Exhibit Ex. 2 to Geller Dec., #4 Exhibit Ex. 3 to Geller Dec., #5 Exhibit Ex. 4 to Geller Dec., #6 Exhibit Ex. 5 to Geller Dec., #7 Exhibit Ex. 6 to Geller Dec., #8 Exhibit Ex. 7 to Geller Dec., #9 Exhibit Ex. 8 to Geller Dec., #10 Exhibit Ex. 9 to Geller Dec., #11 Exhibit Ex. 10 to Geller Dec., #12 Exhibit Ex. 11 to Geller Dec., #13 Exhibit Ex. 12 to Geller Dec., #14 Exhibit Ex. 13 to Geller Dec., #15 Exhibit Ex. 14 to Geller Dec., #16 Exhibit Ex. 15 to Geller Dec., #17 Exhibit Ex. 16 to Geller Dec., #18 Text of Proposed Order re TRO).(Yerushalmi, David) |
| Filing 13 EMERGENCY MOTION for Temporary Restraining Order . Document filed by Pamela Geller..(Yerushalmi, David) |
| Filing 12 NOTICE OF APPEARANCE by Glenne Ellen Fucci on behalf of Dermot Shea(individually), Dermot Shea(in his official capacity as the Police Commissioner, City of New York, New York)..(Fucci, Glenne) |
| Filing 11 NOTICE OF APPEARANCE by Aimee Kara Lulich on behalf of Dermot Shea(individually), Dermot Shea(in his official capacity as the Police Commissioner, City of New York, New York)..(Lulich, Aimee) |
| Filing 10 NOTICE OF APPEARANCE by Glenne Ellen Fucci on behalf of Bill De Blasio(in his official capacity as Mayor, City of New York, New York), Bill De Blasio(individually)..(Fucci, Glenne) |
| Filing 9 NOTICE OF APPEARANCE by Aimee Kara Lulich on behalf of Bill De Blasio(in his official capacity as Mayor, City of New York, New York)..(Lulich, Aimee) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint served. Dermot Shea(individually) served on 5/11/2020, answer due 6/1/2020; Dermot Shea(in his official capacity as the Police Commissioner, City of New York, New York) served on 5/11/2020, answer due 6/1/2020. Service was made by eMail. Document filed by Pamela Geller..(Yerushalmi, David) |
| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint served. Bill De Blasio(in his official capacity as Mayor, City of New York, New York) served on 5/11/2020, answer due 6/1/2020; Bill De Blasio(individually) served on 5/11/2020, answer due 6/1/2020. Service was made by eMail. Document filed by Pamela Geller..(Yerushalmi, David) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Bill De Blasio(in his official capacity as Mayor, City of New York, New York), Bill De Blasio(individually)..(pc) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Dermot Shea(individually), Dermot Shea(in his official capacity as the Police Commissioner, City of New York, New York)..(pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David Eliezer Yerushalmi re: Document No. #1 Complaint. The filing is deficient for the following reason(s): Add Bill De Blasio, Dermot Shea to CM ECF with their respective official capacities in the party text box (eg in his official capacity as Mayor, City of New York, New York). Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Eliezer Yerushalmi. The party information for the following party/parties has been modified: Bill De Blasio, Dermot Shea. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Magistrate Judge Debra C. Freeman 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| Case Designated ECF. (pc) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Bill De Blasio, Dermot Shea added. Party added pursuant to #1 Complaint.Document filed by Pamela Geller. Related document: #1 Complaint..(Yerushalmi, David) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Dermot Shea, re: #1 Complaint. Document filed by Pamela Geller..(Yerushalmi, David) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Bill De Blasio, re: #1 Complaint. Document filed by Pamela Geller..(Yerushalmi, David) |
| Filing 2 CIVIL COVER SHEET filed..(Yerushalmi, David) |
| Filing 1 COMPLAINT against Bill De Blasio, Dermot Shea. (Filing Fee $ 400.00, Receipt Number ANYSDC-19745132)Document filed by Pamela Geller..(Yerushalmi, David) |
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