Heidel, et al v. Cuomo, et al
| NYMS Productions, Inc. Individually and on behalf of classes of all others similarly situated doing business as Murdered by the Mob, John Merolla, Franklin Ortega, PO Italianissimo Inc., Andrew Heidel and R. Andrew Heidel Inc. doing business as The Way Station |
| City Of New York, State Of New York, Andrew Cuomo, Bill De Blasio, Governor of New York State, The State of New York, The City of New York, Kathy Hochul and Mayor of New York City |
| 1:2020cv10462 |
| December 10, 2020 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Civil Rights: Other |
| 42 U.S.C. § 1983 vp Violation of Due Process and Equal Protection |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 28, 2023. A more recent docket listing may be available from PACER.
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Filing 49
Costs Taxed as to #48 USCA Mandate, USCA Case Number 21-2860-cv. in the amount of $115.80. on 2/28/2023 in favor of Appellees Governor of New York State, Kathy Hochul, and the State of New York. against Andrew Heidel, R. Andrew Heidel Inc., DBA The Way Station, Franklin Ortega, PO Italianissimo Inc., John Merolla, NYMS Productions, Inc., DBA Murdered by the Mob, individually and on behalf of classes of all others similarly situated, Plaintiffs - Appellants..(nd)
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Filing 48
MANDATE of USCA (Certified Copy) as to #47 Notice of Appeal, filed by Andrew Heidel, NYMS Productions, Inc., R. Andrew Heidel Inc., PO Italianissimo Inc., John Merolla, Franklin Ortega. USCA Case Number 21-2860-cv. UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be and hereby is AFFIRMED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 2/21/2023..(nd)
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Transmission of USCA Mandate to the District Judge re: #48 USCA Mandate,..(nd)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #47 Notice of Appeal, filed by Andrew Heidel, NYMS Productions, Inc., R. Andrew Heidel Inc., PO Italianissimo Inc., John Merolla, Franklin Ortega were transmitted to the U.S. Court of Appeals..(nd)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #47 Notice of Appeal,..(nd)
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Filing 47
NOTICE OF APPEAL from #45 Memorandum & Opinion, Set Deadlines/Hearings,,,,,,. Document filed by Andrew Heidel, John Merolla, NYMS Productions, Inc., Franklin Ortega, PO Italianissimo Inc., R. Andrew Heidel Inc.. Filing fee $ 505.00, receipt number ANYSDC-25350227. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Schmidt, Matthew)
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Filing 46
CLERK'S JUDGMENT re: #45 Memorandum & Opinion, Set Deadlines/Hearings, in favor of Governor of New York State, Mayor of New York City, The City of New York, The State of New York, Bill De Blasio, Kathy Hochul against NYMS Productions, Inc., PO Italianissimo Inc., R. Andrew Heidel Inc., Andrew Heidel, Franklin Ortega, John Merolla. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated October 21, 2021, Defendants' motions to dismiss are granted, and judgment is entered for the defendants; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 10/22/2021) (Attachments: #1 Notice of Right to Appeal) (dt)
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Filing 45
OPINION & ORDER: re: #34 MOTION to Dismiss the Complaint filed by The State of New York, Governor of New York State, #32 MOTION to Dismiss the Complaint filed by The City of New York, Bill De Blasio, #26 LETTER MOTION for Conference on State Defendants' Proposed Motion to Dismiss addressed to Judge P. Kevin Castel from Todd A. Spiegelman dated March 12, 2021. filed by The State of New York, Governor of New York State. Defendants motions to dismiss are GRANTED. The Clerk is directed to terminate the motions and the related letter-motion. (Docket # 26, 32, 34.) The Clerk is directed to amend the caption as indicated above, close the case and enter judgment for the defendants. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/21/2021) (ama) Transmission to Orders and Judgments Clerk for processing.
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Filing 44
LETTER addressed to Judge P. Kevin Castel from John G. Balestriere dated June 30, 2021 re: Reply to Defendant's June 30, 2021 Letter. Document filed by Andrew Heidel, John Merolla, NYMS Productions, Inc., Franklin Ortega, PO Italianissimo Inc., R. Andrew Heidel Inc...(Balestriere, John)
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Filing 43
LETTER addressed to Judge P. Kevin Castel from James M. Hershler, AAG dated June 30, 2021 re: Cedar Point Nursery v. Hassid. Document filed by Andrew Cuomo, State Of New York..(Hershler, James)
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Filing 42
LETTER addressed to Judge P. Kevin Castel from John G. Balestriere dated June 29, 2021 re: Reply to Defendant's June 28, 2021 Letter. Document filed by Andrew Heidel, John Merolla, NYMS Productions, Inc., Franklin Ortega, PO Italianissimo Inc., R. Andrew Heidel Inc...(Balestriere, John)
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Filing 41
LETTER addressed to Judge P. Kevin Castel from Samantha Schonfeld dated June 28, 2021 re: Response to Plaintiffs' June 25, 2021 Letter. Document filed by City Of New York, Bill De Blasio..(Schonfeld, Samantha)
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Filing 40
LETTER addressed to Judge P. Kevin Castel from John G. Balestriere dated June 25, 2021 re: Notice of Decision by Other Court. Document filed by Andrew Heidel, John Merolla, NYMS Productions, Inc., Franklin Ortega, PO Italianissimo Inc., R. Andrew Heidel Inc.. (Attachments: #1 Exhibit A).(Balestriere, John)
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Filing 39
REPLY MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss the Complaint. . Document filed by Andrew Cuomo, State Of New York..(Hershler, James)
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Filing 38
REPLY MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss the Complaint. . Document filed by City Of New York, Bill De Blasio..(Schonfeld, Samantha)
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Filing 37
NOTICE OF APPEARANCE by James M. Hershler on behalf of Andrew Cuomo, State Of New York..(Hershler, James)
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Filing 36
MEMORANDUM OF LAW in Opposition re: #34 MOTION to Dismiss the Complaint., #32 MOTION to Dismiss the Complaint. . Document filed by Andrew Heidel, John Merolla, NYMS Productions, Inc., Franklin Ortega, PO Italianissimo Inc., R. Andrew Heidel Inc.. (Attachments: #1 Memorandum of Law in Opposition to State Defendants' Motion to Dismiss, #2 Declaration, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I, #12 Exhibit Exhibit J, #13 Exhibit Exhibit K, #14 Exhibit Exhibit L, #15 Exhibit Exhibit M, #16 Exhibit Exhibit N, #17 Exhibit Exhibit O, #18 Exhibit Exhibit P, #19 Exhibit Exhibit Q, #20 Exhibit Exhibit R, #21 Exhibit Exhibit S, #22 Exhibit Exhibit T).(Balestriere, John)
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Filing 35
MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss the Complaint. . Document filed by Andrew Cuomo, State Of New York..(Spiegelman, Todd)
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Filing 34
MOTION to Dismiss the Complaint. Document filed by Andrew Cuomo, State Of New York. Responses due by 5/19/2021.(Spiegelman, Todd)
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Filing 33
MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss the Complaint. . Document filed by City Of New York, Bill De Blasio..(Schonfeld, Samantha)
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Filing 32
MOTION to Dismiss the Complaint. Document filed by City Of New York, Bill De Blasio..(Schonfeld, Samantha)
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Filing 31
LETTER addressed to Judge P. Kevin Castel from John G. Balestriere dated 04/15/2021 re: the Court's Order of March 29, 2021. Document filed by Andrew Heidel, John Merolla, NYMS Productions, Inc., Franklin Ortega, PO Italianissimo Inc., R. Andrew Heidel Inc...(Balestriere, John)
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Filing 30
LETTER addressed to Judge P. Kevin Castel from Todd A. Spiegelman dated April 12, 2021 re: Response to 3/29/21 Court order directing State Defendants to list comparable cases. Document filed by Andrew Cuomo, State Of New York. (Attachments: #1 Exhibit Comparable Cases Chart).(Spiegelman, Todd)
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Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 3/29/2021. Defendants may file their motions to dismiss no later than April 26, 2021. Plaintiffs to respond no later than May 19, 2021. Defendants to reply no later than June 2, 2021. The Court offered plaintiffs leave to replead in light of the defendants pre-motion letters and the plaintiffs do not wish to amend. Discovery is stayed pending the hearing and determination of the motion to dismiss. The State of New York defendants are directed to send a letter within 14 days listing comparable actions pending against the State of New York that were filed between January 1, 2020 and present, identifying the case name, docket number, jurisdiction and procedural status of the case. Within three days thereafter, the City and plaintiffs may file supplements to the list. (Nacanther, Florence)
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NOTICE NOTICE NOTICE: The TIME of the conference scheduled on March 29, 2021 has been moved to 3:00 p.m. The conference will proceed telephonically. Call-in information is: Dial-In No.: 1-888-363-4749, Access Code: 3667981#.(Nacanther, Florence)
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Filing 29
LETTER RESPONSE in Opposition to Motion addressed to Judge P. Kevin Castel from John Balestriere dated March 18, 2021 re: #27 LETTER MOTION for Conference on City Defendants' Proposed Motion to Dismiss the Complaint addressed to Judge P. Kevin Castel from Samantha Schonfeld dated March 12, 2021. . Document filed by Andrew Heidel, John Merolla, NYMS Productions, Inc., Franklin Ortega, PO Italianissimo Inc., R. Andrew Heidel Inc...(Balestriere, John)
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Filing 28
LETTER RESPONSE in Opposition to Motion addressed to Judge P. Kevin Castel from John Balestriere dated March 18, 2021 re: #26 LETTER MOTION for Conference on State Defendants' Proposed Motion to Dismiss addressed to Judge P. Kevin Castel from Todd A. Spiegelman dated March 12, 2021. . Document filed by Andrew Heidel, John Merolla, NYMS Productions, Inc., Franklin Ortega, PO Italianissimo Inc., R. Andrew Heidel Inc...(Balestriere, John)
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Filing 27
LETTER MOTION for Conference on City Defendants' Proposed Motion to Dismiss the Complaint addressed to Judge P. Kevin Castel from Samantha Schonfeld dated March 12, 2021. Document filed by City Of New York, Bill De Blasio..(Schonfeld, Samantha)
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Filing 26
LETTER MOTION for Conference on State Defendants' Proposed Motion to Dismiss addressed to Judge P. Kevin Castel from Todd A. Spiegelman dated March 12, 2021. Document filed by Andrew Cuomo, State Of New York..(Spiegelman, Todd)
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Filing 25
ORDER granting #22 Letter Motion for Extension of Time; granting #24 Letter Motion for Extension of Time: Time for all defendants to respond to the complaint extended to March 12, 2021. Conference adjourned from February 11 to March 29, 2021 at 2:00 p.m. The conference will proceed telephonically. Call-in information No.: 1-888-363-4749, Access Code: 3667981. (Signed by Judge P. Kevin Castel on 1/7/2021) (jwh)
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Filing 24
LETTER MOTION for Extension of Time to File Response to Complaint and to Adjourn Initial Conference addressed to Judge P. Kevin Castel from Todd A. Spiegelman dated January 7, 2021. Document filed by Andrew Cuomo, State Of New York..(Spiegelman, Todd)
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Filing 23
NOTICE OF APPEARANCE by Todd Alan Spiegelman on behalf of Andrew Cuomo, State Of New York..(Spiegelman, Todd)
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Filing 22
LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge P. Kevin Castel from Samantha Schonfeld dated January 7, 2021. Document filed by City Of New York, Bill De Blasio..(Schonfeld, Samantha)
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Filing 21
NOTICE OF APPEARANCE by Samantha Michelle Schonfeld on behalf of City Of New York, Bill De Blasio..(Schonfeld, Samantha)
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Set/Reset Deadlines: City Of New York answer due 3/12/2021; Andrew Cuomo answer due 3/12/2021; Bill De Blasio answer due 3/12/2021; State Of New York answer due 3/12/2021., Set/Reset Hearings: Initial Conference set for 3/29/2021 at 02:00 PM before Judge P. Kevin Castel. (jwh)
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Filing 20
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Andrew Heidel, John Merolla, NYMS Productions, Inc., Franklin Ortega, PO Italianissimo Inc., R. Andrew Heidel Inc...(Balestriere, John)
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Filing 19
NOTICE OF APPEARANCE by Matthew William Schmidt on behalf of Andrew Heidel, John Merolla, NYMS Productions, Inc., Franklin Ortega, PO Italianissimo Inc., R. Andrew Heidel Inc...(Schmidt, Matthew)
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Filing 18
AFFIDAVIT OF SERVICE. All Defendants. Service was made by Mail. Document filed by NYMS Productions, Inc., Franklin Ortega, R. Andrew Heidel Inc., Andrew Heidel, PO Italianissimo Inc., John Merolla. (Attachments: #1 Exhibit City of New York and Mayor Bill de Blasio Proof of Service).(Balestriere, John)
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Filing 17
ELECTRONIC SUMMONS ISSUED as to Andrew Cuomo..(dnh)
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Filing 16
REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Cuomo, re: #1 Complaint,. Document filed by Andrew Heidel, John Merolla, NYMS Productions, Inc., Franklin Ortega, PO Italianissimo Inc., R. Andrew Heidel Inc...(Balestriere, John)
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Filing 15
ELECTRONIC SUMMONS ISSUED as to City Of New York..(dnh)
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Filing 14
ELECTRONIC SUMMONS ISSUED as to Bill De Blasio..(dnh)
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Filing 13
ELECTRONIC SUMMONS ISSUED as to State Of New York..(dnh)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Balestriere to RE-FILE Document No. #9 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As to' Error; the party name as to whom the summons is being requested must appear in the docket entry text and on the summons PDF exactly as it does in the pleading. 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. (dnh)
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Filing 12
REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: #1 Complaint,. Document filed by Andrew Heidel, John Merolla, NYMS Productions, Inc., Franklin Ortega, PO Italianissimo Inc., R. Andrew Heidel Inc...(Balestriere, John)
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Filing 11
REQUEST FOR ISSUANCE OF SUMMONS as to Bill de Blasio, in his Official Capacity as Mayor of the City of New York, re: #1 Complaint,. Document filed by Andrew Heidel, John Merolla, NYMS Productions, Inc., Franklin Ortega, PO Italianissimo Inc., R. Andrew Heidel Inc...(Balestriere, John)
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Filing 10
REQUEST FOR ISSUANCE OF SUMMONS as to The State of New York, re: #1 Complaint,. Document filed by Andrew Heidel, John Merolla, NYMS Productions, Inc., Franklin Ortega, PO Italianissimo Inc., R. Andrew Heidel Inc...(Balestriere, John)
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Filing 9
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Andrew M Cuomo, in his official capacity as the Governor of New York, re: #1 Complaint,. Document filed by Andrew Heidel, John Merolla, NYMS Productions, Inc., Franklin Ortega, PO Italianissimo Inc., R. Andrew Heidel Inc...(Balestriere, John) Modified on 12/15/2020 (dnh).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Balestriere to RE-FILE Document No. #5 Request for Issuance of Amended Summons, #7 Request for Issuance of Amended Summons, #6 Request for Issuance of Amended Summons, #4 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. 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. (jgo)
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Filing 8
ORDER INITIAL PRETRIAL CONFERENCE: Due to the COVID-19 pandemic, conferences with the Court in civil cases will be held by teleconferencing until further notice. For initial pretrial conferences, plaintiff(s) counsel shall, no later than 5 business days before the conference, email a copy of the agreed upon (or disputed) Civil Case Management Plan & Scheduling Order to: castelnysdchambers@nysd.uscourts.gov.The call-in information for all teleconferences is: Dial-in: (888) 363-4749 Access Code: 3667981. Initial Conference set for 2/11/2021 at 02:00 PM before Judge P. Kevin Castel. (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 12/11/2020) (cf)
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Filing 7
FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to The City of New York, re: #1 Complaint,. Document filed by Andrew Heidel, John Merolla, NYMS Productions, Inc., Franklin Ortega, PO Italianissimo Inc., R. Andrew Heidel Inc...(Balestriere, John) Modified on 12/14/2020 (jgo).
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Filing 6
FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Bill de Blasio, re: #1 Complaint,. Document filed by Andrew Heidel, John Merolla, NYMS Productions, Inc., Franklin Ortega, PO Italianissimo Inc., R. Andrew Heidel Inc...(Balestriere, John) Modified on 12/14/2020 (jgo).
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Filing 5
FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to The State of New York, re: #1 Complaint,. Document filed by Andrew Heidel, John Merolla, NYMS Productions, Inc., Franklin Ortega, PO Italianissimo Inc., R. Andrew Heidel Inc...(Balestriere, John) Modified on 12/14/2020 (jgo).
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Filing 4
FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to ANDREW CUOMO, re: #1 Complaint,. Document filed by Andrew Heidel, John Merolla, NYMS Productions, Inc., Franklin Ortega, PO Italianissimo Inc., R. Andrew Heidel Inc...(Balestriere, John) Modified on 12/14/2020 (jgo).
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Balestriere. The party information for the following party/parties has been modified: City Of New York, Andrew M Cuomo, in his official capacity as the Governor of New York, The State Of New York, Bill de Blasio, in his Official Capacity as Mayor of the City of New York, NYMS Productions, Inc. d/b/a Murdered by the Mob, Franklin Ortega, R. Andrew Heidel Inc. d/b/a The Way Station, Andrew Heidel, PO Italianissimo Inc., John Merolla. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted; alias party type was entered incorrectly; Exclude from the entry of business name any leading A, An or The.. (dnh)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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..(dnh)
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Magistrate Judge Gabriel W. Gorenstein 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. (dnh)
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Case Designated ECF. (dnh)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Balestriere to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the caption on the summons PDF must exactly match the caption on the pleading. If the entire caption does not fit, list the leading party followed by et al. 'As to' Error; the parties listed in the as to docket entry text must correspond with the parties listed in the 'To:' section of the summons PDF. 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. (dnh)
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Filing 3
CIVIL COVER SHEET filed..(Balestriere, John)
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Filing 2
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to ANDREW CUOMO, GOVERNOR OF NEW YORK STATE, IN HIS OFFICIAL CAPACITY, THE STATE OF NEW YORK, BILL de BLASIO, MAYOR OF NEW YORK CITY, IN HIS OFFICIAL CAPACITY, and THE CITY OF NEW YORK,, re: #1 Complaint,. Document filed by Andrew Heidel, John Merolla, NYMS Productions, Inc. d/b/a Murdered by the Mob, Franklin Ortega, PO Italianissimo Inc., R. Andrew Heidel Inc. d/b/a The Way Station..(Balestriere, John) Modified on 12/11/2020 (dnh).
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Filing 1
COMPLAINT against City Of New York, Andrew M Cuomo, in his official capacity as the Governor of New York, The State Of New York, Bill de Blasio, in his Official Capacity as Mayor of the City of New York. (Filing Fee $ 402.00, Receipt Number ANYSDC-22980301)Document filed by NYMS Productions, Inc. d/b/a Murdered by the Mob, Franklin Ortega, R. Andrew Heidel Inc. d/b/a The Way Station, Andrew Heidel, PO Italianissimo Inc., John Merolla..(Balestriere, John)
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