Civil Rights Corps. et al v. Pestana et al
| Civil Rights Corps., Cynthia Godsoe, Nicole Smith Futrell, Daniel S. Medwed, Justin Murray, Abbe Smith and Steven Zeidman |
| Georgia Pestana, Melinda Katz, Andrea E. Bonina, Diana Maxfield Kearse and Hector D. LaSalle |
| 1:2021cv09128 |
| November 4, 2021 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 24, 2023. A more recent docket listing may be available from PACER.
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Filing 39
LETTER addressed to Judge Victor Marrero from Gregory L. Diskant dated December 30, 2021 re: copying the Court in response to City Defendants' December 20, 2021 letter. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory)
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Filing 38
ORDER granting #37 Letter Motion for Extension of Time. Request Granted. Plaintiffs shall have until December 31, 2021 to respond. So Ordered. (Signed by Judge Victor Marrero on 12/22/2021) (js)
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Filing 37
LETTER MOTION for Extension of Time addressed to Judge Victor Marrero from Gregory L. Diskant dated December 21, 2021. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory)
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Filing 36
LETTER addressed to Judge Victor Marrero from Krista Friedrich dated December 20, 2021 re: response to Plaintiffs' letter proposing motion for partial summary judgment (Dkt. No. 29). Document filed by Melinda Katz(In her official capacity the District Attorney of Queens County), Melinda Katz (Personal Capacity), Georgia Pestana(In her official capacity Corporation Counsel of the City of New York), Georgia Pestana(Personal Capacity)..(Friedrich, Krista)
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Filing 35
LETTER addressed to Judge Victor Marrero from Krista Friedrich dated December 20, 2021 re: copying the Court on City Defendants' letter to Plaintiffs' counsel re: proposed motion to dismiss. Document filed by Melinda Katz(In her official capacity the District Attorney of Queens County), Melinda Katz (Personal Capacity), Georgia Pestana(In her official capacity Corporation Counsel of the City of New York), Georgia Pestana(Personal Capacity)..(Friedrich, Krista)
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Filing 34
MEMO ENDORSEMENT on re: #33 Letter, filed by Georgia Pestana, Melinda Katz. ENDORSEMENT: At this time the request by both parties, see also Dkt. 31, for a conference on January 18, 2022 is denied. The Court shall review all pre-motion letters and letters in opposition and will schedule a conference if deemed necessary after review. So Ordered. (Signed by Judge Victor Marrero on 12/15/2021) (js)
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Filing 33
LETTER addressed to Judge Victor Marrero from Krista Friedrich dated December 14, 2021 re: Response to Plaintiffs' letter (Dkt. No. 31). Document filed by Melinda Katz(In her official capacity the District Attorney of Queens County), Melinda Katz (Personal Capacity), Georgia Pestana(In her official capacity Corporation Counsel of the City of New York), Georgia Pestana(Personal Capacity)..(Friedrich, Krista)
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Filing 32
ORDER re: #30 Letter Motion for Extension of Time. The City Defendants' request for an extension of time to answer the Complaint and respond to the request for unsealing is granted. City Defendants shall have until January 14, 2022 to respond to the complaint and the unsealing motion. City Defendants' request for an extension of time to respond to the pre- motion conference letter is denied. So Ordered. (Signed by Judge Victor Marrero on 12/14/2021) (js)
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Filing 31
LETTER addressed to Judge Victor Marrero from Gregory L. Diskant dated December 14, 2021 re: Response to the City Defendants' Letter (dkt. no. 30). Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory)
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Set/Reset Deadlines: Melinda Katz(In her official capacity the District Attorney of Queens County) answer due 1/14/2022; Melinda Katz (Personal Capacity) answer due 1/14/2022; Georgia Pestana(In her official capacity Corporation Counsel of the City of New York) answer due 1/14/2022; Georgia Pestana(Personal Capacity) answer due 1/14/2022. Responses due by 1/14/2022 (js)
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Filing 30
SECOND LETTER MOTION for Extension of Time to respond to Complaint and unsealing request, and First request for extension of time to respond to Plaintiffs' pre-motion conference letter addressed to Judge Victor Marrero from Krista Friedrich dated December 13, 2021. Document filed by Melinda Katz(In her official capacity the District Attorney of Queens County), Melinda Katz (Personal Capacity), Georgia Pestana(In her official capacity Corporation Counsel of the City of New York), Georgia Pestana(Personal Capacity)..(Friedrich, Krista)
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Filing 29
LETTER addressed to Judge Victor Marrero from Gregory L. Diskant dated December 10, 2021 re: requesting a pre-motion conference. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory)
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Filing 28
ORDER: granting #26 Letter Motion for Extension of Time. Request GRANTED. The State Defendants shall have until January 14, 2022 to answer or otherwise respond to the complaint and to respond to the unsealing motion. This shall be the final extension. SO ORDERED. (Signed by Judge Victor Marrero on 12/10/2021) (ama)
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Set/Reset Deadlines: Andrea E. Bonina(In her official capacity Chair of State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial Districts) answer due 1/14/2022; Andrea E. Bonina (Personal Capacity) answer due 1/14/2022; Hector D. LaSalle answer due 1/14/2022; Diana Maxfield Kearse(Personal Capacity) answer due 1/14/2022. Responses due by 1/14/2022 (ama)
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Filing 27
LETTER RESPONSE to Motion addressed to Judge Victor Marrero from Jeffrey F. Kinkle dated December 9, 2021 re: #26 SECOND LETTER MOTION for Extension of Time to Respond to the Complaint and Motion to Unseal addressed to Judge Victor Marrero from Elizabeth A. Figueira dated December 9, 2021. . Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Nicole Smith Futrell, Steven Zeidman..(Kinkle, Jeffrey)
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Filing 26
SECOND LETTER MOTION for Extension of Time to Respond to the Complaint and Motion to Unseal addressed to Judge Victor Marrero from Elizabeth A. Figueira dated December 9, 2021. Document filed by Andrea E. Bonina(In her official capacity Chair of State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial Districts), Hector D. LaSalle, Diana Maxfield Kearse(Personal Capacity)..(Figueira, Elizabeth)
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Filing 25
ORDER granting #24 Letter Motion for Extension of Time. Request Granted. the requested defendants shall have until December 17, 2021 to answer, move, or otherwise respond to the complaint and to respond to Plaintiffs' unsealing request. So Ordered. (Signed by Judge Victor Marrero on 11/24/2021) (js)
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Filing 24
LETTER MOTION for Extension of Time addressed to Judge Victor Marrero from Krista Friedrich dated November 23, 2021. Document filed by Melinda Katz(In her official capacity the District Attorney of Queens County), Melinda Katz (Personal Capacity), Georgia Pestana(In her official capacity Corporation Counsel of the City of New York), Georgia Pestana(Personal Capacity)..(Friedrich, Krista)
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Filing 23
NOTICE OF APPEARANCE by Krista Ann Friedrich on behalf of Melinda Katz(In her official capacity the District Attorney of Queens County), Melinda Katz (Personal Capacity), Georgia Pestana(In her official capacity Corporation Counsel of the City of New York), Georgia Pestana(Personal Capacity)..(Friedrich, Krista)
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Filing 22
SUMMONS RETURNED EXECUTED. Georgia Pestana(In her official capacity Corporation Counsel of the City of New York) served on 11/9/2021, answer due 11/30/2021; Georgia Pestana(Personal Capacity) served on 11/9/2021, answer due 11/30/2021. Document filed by Abbe Smith; Daniel S. Medwed ; Civil Rights Corps.; Steven Zeidman; Cynthia Godsoe; Justin Murray; Nicole Smith Futrell..(Diskant, Gregory)
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Filing 21
SUMMONS RETURNED EXECUTED. Hector D. LaSalle served on 11/10/2021, answer due 12/17/2021. Document filed by Abbe Smith; Daniel S. Medwed ; Civil Rights Corps.; Steven Zeidman; Cynthia Godsoe; Justin Murray; Nicole Smith Futrell..(Diskant, Gregory)
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Filing 20
SUMMONS RETURNED EXECUTED. Diana Maxfield Kearse(Personal Capacity) served on 11/10/2021, answer due 12/17/2021; Diana Maxfield Kearse(In her official capacity Cheif Counsel of the State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial District) served on 11/10/2021, answer due 12/17/2021. Document filed by Abbe Smith; Daniel S. Medwed ; Civil Rights Corps.; Steven Zeidman; Cynthia Godsoe; Justin Murray; Nicole Smith Futrell..(Diskant, Gregory)
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Filing 19
SUMMONS RETURNED EXECUTED. Melinda Katz(In her official capacity the District Attorney of Queens County) served on 11/10/2021, answer due 12/1/2021; Melinda Katz (Personal Capacity) served on 11/10/2021, answer due 12/1/2021. Document filed by Abbe Smith; Daniel S. Medwed ; Civil Rights Corps.; Steven Zeidman; Cynthia Godsoe; Justin Murray; Nicole Smith Futrell..(Diskant, Gregory)
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Filing 18
SUMMONS RETURNED EXECUTED. Andrea E. Bonina(In her official capacity Chair of State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial Districts) served on 11/10/2021, answer due 12/17/2021. Document filed by Abbe Smith; Daniel S. Medwed ; Civil Rights Corps.; Steven Zeidman; Cynthia Godsoe; Justin Murray; Nicole Smith Futrell..(Diskant, Gregory)
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Filing 17
ORDER granting #15 Letter Motion for Extension of Time to File Response/Reply re #15 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #9 Endorsed Letter,,, addressed to Judge Victor Marrero from Elizabeth A. Figueira dated November 10, 2021.FIRST LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Victor Marrero from Elizabeth A. Figueira dated November 10, 2021. ( Responses due by 12/17/2021); granting #15 Letter Motion for Extension of Time It is hereby ORDERED that the request of the State Defendants is GRANTED. The State Defendants shall answer, move or otherwise respond to Plaintiffs' Complaint by December 17. The State Defendants shall also respond to the Courts November 9 Order by December 17. So Ordered. (Signed by Judge Victor Marrero on 11/12/2021) (js)
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Set/Reset Deadlines: Andrea E. Bonina(In her official capacity Chair of State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial Districts) answer due 12/17/2021; Andrea E. Bonina (Personal Capacity) answer due 12/17/2021; Hector D. LaSalle answer due 12/17/2021; Diana Maxfield Kearse(Personal Capacity) answer due 12/17/2021; Diana Maxfield Kearse(In her official capacity Cheif Counsel of the State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial District) answer due 12/17/2021. (js)
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Filing 16
LETTER RESPONSE to Motion addressed to Judge Victor Marrero from Gregory Diskant dated November 11, 2021 re: #15 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #9 Endorsed Letter,,, addressed to Judge Victor Marrero from Elizabeth A. Figueira dated November 10, 2021.FIRST LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Victor Marrero from Elizabeth A. Figueira dated November 10, 2021. Plaintiffs' opposition to Defendants' request for extension of time to respond to motion to unseal exhibits to complaint. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory)
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Filing 15
FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #9 Endorsed Letter,,, addressed to Judge Victor Marrero from Elizabeth A. Figueira dated November 10, 2021., FIRST LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Victor Marrero from Elizabeth A. Figueira dated November 10, 2021. Document filed by Andrea E. Bonina(In her official capacity Chair of State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial Districts), Hector D. LaSalle, Diana Maxfield Kearse(In her official capacity Cheif Counsel of the State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial District)..(Figueira, Elizabeth)
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Filing 14
ELECTRONIC SUMMONS ISSUED as to Melinda Katz.(vf)
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Filing 13
ELECTRONIC SUMMONS ISSUED as to Hector D. LaSalle. (vf)
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Filing 12
ELECTRONIC SUMMONS ISSUED as to Georgia Pestana. (vf)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Diana Maxfield Kearse. (vf)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Andrea E. Bonina. (vf)
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Filing 9
ENDORSED LETTER addressed to Judge Victor Marrero from Gregory L. Diskant dated 11/8/2021 re: Counsel asks the Court to treat this letter-brief as a motion and to rule on this basis. The exhibits are judicial records and should be public for that reason alone. They do not fall within the ambit of Judiciary Law 90(10), and so there is no reason to keep them secret. And in any event, they cannot be kept secret consistent with the freedom accorded speech about matters of public importance under the First Amendment. For these reasons, the Court should unseal the documents filed by Plaintiffs under seal with their Complaint. ENDORSEMENT: Defendants are directed to respond within three days of service, by letter not to exceed three pages, to the matter set forth above by Plaintiffs. So Ordered (Signed by Judge Victor Marrero on 11/9/2021) (js)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Melinda Katz, re: #1 Complaint,,,. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Hector D. LaSalle, re: #1 Complaint,,,. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Georgia Pestana, re: #1 Complaint,,,. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Diana Maxfield Kearse, re: #1 Complaint,,,. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory)
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Filing 4
SEALED DOCUMENT placed in vault.(nmo)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Andrea E. Bonina, re: #1 Complaint,,,. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory)
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Filing 2
CIVIL COVER SHEET filed..(gp)
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Filing 1
COMPLAINT against Andrea E. Bonina(In her official capacity Chair of State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial Districts), Andrea E. Bonina (Personal Capacity), Melinda Katz(In her official capacity the District Attorney of Queens County), Melinda Katz (Personal Capacity), Hector D. LaSalle, Diana Maxfield Kearse(Personal Capacity), Diana Maxfield Kearse(In her official capacity Cheif Counsel of the State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial District), Georgia Pestana(In her official capacity Corporation Counsel of the City of New York), Georgia Pestana(Personal Capacity). (Filing Fee $ $402.00, Receipt Number 465401288653)Document filed by Abbe Smith, Daniel S. Medwed, Civil Rights Corps., Steven Zeidman, Cynthia Godsoe, Justin Murray, Nicole Smith Futrell. (Attachments: #1 Exh 1, #2 Exh 2, #3 Exh 3, #4 Exh 4, #5 Exh 5, #6 Exh 6, #7 Exh 7).(gp)
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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. (gp)
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ORDER REDACTING PLEADING FILED IN 21-mc-792 (LGS)...(gp)
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Case Designated ECF. (gp)
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