Gardner-Alfred et al v. Federal Reserve Bank of New York
Plaintiff: Lori Gardner-Alfred and Jeanette Diaz
Defendant: Federal Reserve Bank of New York
Case Number: 1:2022cv01585
Filed: February 25, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Lewis J Liman
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1446 nr Notice of Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2022 Opinion or Order Filing 30 DECLARATION of Jeanette Diaz in Support re: #27 MOTION for Preliminary Injunction .. Document filed by Jeanette Diaz, Lori Gardner-Alfred..(Dubatowka, Megan)
April 19, 2022 Opinion or Order Filing 29 DECLARATION of Lori Gardner-Alfred in Support re: #27 MOTION for Preliminary Injunction .. Document filed by Jeanette Diaz, Lori Gardner-Alfred..(Dubatowka, Megan)
April 19, 2022 Opinion or Order Filing 28 MEMORANDUM OF LAW in Support re: #27 MOTION for Preliminary Injunction . . Document filed by Jeanette Diaz, Lori Gardner-Alfred..(Dubatowka, Megan)
April 19, 2022 Opinion or Order Filing 27 MOTION for Preliminary Injunction . Document filed by Jeanette Diaz, Lori Gardner-Alfred..(Dubatowka, Megan)
April 8, 2022 Opinion or Order Filing 26 ORDER granting #25 Letter Motion for Extension of Time (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
April 8, 2022 Opinion or Order Filing 25 LETTER MOTION for Extension of Time addressed to Judge Lewis J. Liman from Alex Leonard dated 4/8/2022. Document filed by Federal Reserve Bank of New York..(Leonard, Alex)
April 5, 2022 Opinion or Order Filing 24 FIRST AMENDED COMPLAINT amending #23 Complaint,, against Federal Reserve Bank of New York with JURY DEMAND.Document filed by Jeanette Diaz, Lori Gardner-Alfred. Related document: #23 Complaint,,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M).(Dubatowka, Megan)
April 5, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Megan Elizabeth Dubatowka to RE-FILE Document No. #23 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj)
April 4, 2022 Opinion or Order Filing 23 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU COMPLAINT against Federal Reserve Bank of New York. (Filing Fee $ 402.00, Receipt Number ANYSDC-25960040)Document filed by Jeanette Diaz, Lori Gardner-Alfred. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M).(Dubatowka, Megan) Modified on 4/5/2022 (sj).
April 4, 2022 Opinion or Order Filing 22 NOTICE OF APPEARANCE by Megan Elizabeth Dubatowka on behalf of Jeanette Diaz, Lori Gardner-Alfred..(Dubatowka, Megan)
March 24, 2022 Opinion or Order Filing 21 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/7/22 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....(Moya, Goretti)
March 24, 2022 Opinion or Order Filing 20 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/7/2022 before Judge Lewis J. Liman. Court Reporter/Transcriber: George Malinowski, (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 4/14/2022. Redacted Transcript Deadline set for 4/25/2022. Release of Transcript Restriction set for 6/22/2022..(Moya, Goretti)
March 22, 2022 Opinion or Order Filing 19 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/4/22 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....(Moya, Goretti)
March 22, 2022 Opinion or Order Filing 18 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/4/2022 before Judge Lewis J. Liman. 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 4/12/2022. Redacted Transcript Deadline set for 4/22/2022. Release of Transcript Restriction set for 6/21/2022..(Moya, Goretti)
March 21, 2022 Opinion or Order Filing 17 MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss . . Document filed by Federal Reserve Bank of New York..(Leonard, Alex)
March 21, 2022 Opinion or Order Filing 16 MOTION to Dismiss . Document filed by Federal Reserve Bank of New York..(Leonard, Alex)
March 11, 2022 Opinion or Order Filing 15 ORDER granting in part #7 Motion Emergency Motion to Dissolve Ex Parte Temporary Restraining Order and Dismiss . Accordingly, the TRO is dissolved as improperly issued under Rule 65. See Rabbi Jacob Joseph School v. Province of Mendoza, 342 F. Supp. 2d 124, 127 (E.D.N.Y. 2004) ("The temporary restraining order that was issued without notice to the attorney for the Defendant whose identity was known, without declaring in an affidavit or verified complaint that immediate and irreparable harm would result before the adverse party or his attorney could be heard in opposition, was plainly in violation of Fed.R.Civ.P. 65(b), and the temporary restraining order was vacated for the additional reason that it was improperly issued."); Dolan v. Portaro, 2015 WL 3444351, at *1 (N.D. Ohio May 28, 2015) ("Had Plaintiff Dolan initially filed this case in this Court, the TRO could not have been granted. When the motion for a TRO was first made in state court, Plaintiff's counsel did not provide the required certification as to what efforts were made to give notice and why notice should not be required. Nor did Plaintiff's counsel file such certification in this Court after removal. That deficiency alone justifies dissolving the TRO."). Moreover, "[o]n this motion to dissolve a temporary restraining order,... the party that obtained that order... bears the burden of justifying continued injunctive relief." Gardner v. Weisman, 2006 WL 2423376, at *1 (S.D.N.Y. Aug. 21, 2006) (internal quotation marks omitted) (quoting SC Cowen Sec. Corp. v. Messih, 2000 WL 663434, at *1 (S.D.N.Y. May 17, 2000)). The FRBNY argues that the evidence submitted by Plaintiffs does not satisfy that burden, because they have not shown irreparable harm, a likelihood of success, or a balance of hardships in their favor, as further set forth herein. Plaintiffs also have not demonstrated a likelihood of success on the merits of their claims; their operative pleadings are wholly conclusory, and their arguments regarding a likelihood of success on the merits again hinge entirely on the Free Exercise claims, Dkt. No. 14 at 5; once again, the operative pleadings assert no Free Exercise claims. As such, Plaintiffs have not carried their burden of justifying continued injunctive relief. For this additional reason, the TRO must be dissolved. ( As further set forth in this Order.) SO ORDERED. (Signed by Judge Lewis J. Liman on 3/11/2022) (vfr)
March 7, 2022 Opinion or Order Filing 14 PLAINTIFFS' OPPOSITION TO DEFENDANT'S EMERGENCY MOTION TO DISSOLVE THE EX-PARTE TEMPORARY RESTRAINING ORDER AND MOTION TO DISMISS THE ACTION re: #7 MOTION Emergency Motion to Dissolve Ex Parte Temporary Restraining Order and Dismiss. Document filed by Jeanette Diaz, Lori Gardner-Alfred. (va)
March 7, 2022 Opinion or Order Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 3/7/2022 in re: (Dkt. No. 7) Emergency Motion to Dissolve Ex Parte Temporary Restraining Order and Dismiss filed by Federal Reserve Bank of New York. Andrew St. Laurent present by telephone for Plaintiffs. Katherine Landy and Alex Leonard present by telephone for Defendant. Court reporter present by telephone. The Court heard argument from parties in regards to the Defendant's motion. Defendant to make its motion to dismiss by March 21, 2022. Plaintiff's opposition due April 4, 2022. Defendant's reply due April 11, 2022. Argument taken under advisement, decision reserved by the Court. (mf)
March 6, 2022 Opinion or Order Filing 13 NOTICE OF APPEARANCE by Andrew M. St. Laurent on behalf of Jeanette Diaz, Lori Gardner-Alfred..(St. Laurent, Andrew)
March 4, 2022 Opinion or Order Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 3/4/2022. Pro Se Plaintiffs Lori Gardner-Alfred and Jeanette Diaz present by telephone. Alex Leonard and Katherine Landy present by telephone for Defendant. Court reporter present by telephone. (mf)
March 4, 2022 Opinion or Order Filing 12 ORDER: Plaintiffs have requested an adjournment of the time to respond to the motion to dissolve until Friday, March 11. The Court will take up the request at the scheduled motion hearing on March 7, 2022 at 9:30 a.m. Parties are directed to dial into the Court's teleconference line at 888-251-2909 and use access code 2123101. The March 7 date is the date at which, had the matter remained in state court, that court would have entertained the order to show cause. The deadlines previously set stand until they are vacated. SO ORDERED. ( Telephone Conference set for 3/7/2022 at 9:30 AM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 3/4/2022) (vfr)
March 3, 2022 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Katherine Rosemary Steele Landy on behalf of Federal Reserve Bank of New York..(Landy, Katherine)
March 3, 2022 Opinion or Order ORDER: The Court will hold a hearing on (Dkt. No. 7) Defendant's Emergency Motion to Dissolve Ex Parte Temporary Restraining Order and Dismiss on Friday, March 4, 2022 at 2:00PM. The hearing will be held remotely by telephone and parties are directed to dial into the Court's teleconference line at 888-251-2909 and use access code 2123101. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf)
March 3, 2022 Opinion or Order Set/Reset Hearings: Telephone Conference set for 3/4/2022 at 02:00 PM before Judge Lewis J. Liman. (mf)
March 2, 2022 Opinion or Order Filing 10 CERTIFICATE OF SERVICE of Notice of Motion to Dissolve Ex Parte Temporary Restraining Order and Dismiss and Memorandum of Law in Support of Motion served on Jeanette Diaz on 3/2/2022. Document filed by Federal Reserve Bank of New York..(Leonard, Alex)
March 2, 2022 Opinion or Order Filing 9 CERTIFICATE OF SERVICE of Notice of Motion to Dissolve Ex Parte Temporary Restraining Order and Dismiss and Memorandum of Law in Support of Motion served on Lori Gardner-Alfred on 3/2/2022. Document filed by Federal Reserve Bank of New York..(Leonard, Alex)
March 2, 2022 Opinion or Order Filing 8 MEMORANDUM OF LAW in Support re: #7 MOTION Emergency Motion to Dissolve Ex Parte Temporary Restraining Order and Dismiss . . Document filed by Federal Reserve Bank of New York..(Leonard, Alex)
March 2, 2022 Opinion or Order Filing 7 MOTION Emergency Motion to Dissolve Ex Parte Temporary Restraining Order and Dismiss . Document filed by Federal Reserve Bank of New York..(Leonard, Alex)
February 28, 2022 Opinion or Order Magistrate Judge Robert W. Lehrburger 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. (vf)
February 28, 2022 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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..(vf)
February 28, 2022 Opinion or Order Case Designated ECF. (vf)
February 25, 2022 Opinion or Order Filing 6 CERTIFICATE OF SERVICE of Notice of Removal, Civil Cover Sheet, Rule 7.1 Corporate Disclosure Statement, Notice of Appearance served on Jeanette Diaz on 2/25/2022. Document filed by Federal Reserve Bank of New York..(Leonard, Alex)
February 25, 2022 Opinion or Order Filing 5 CERTIFICATE OF SERVICE of Notice of Removal, Civil Cover Sheet, Rule 7.1 Corporate Disclosure Statement, Notice of Appearance served on Lori Gardner-Alfred on 2/25/2022. Document filed by Federal Reserve Bank of New York..(Leonard, Alex)
February 25, 2022 Opinion or Order Filing 4 NOTICE OF APPEARANCE by Alex Leonard on behalf of Federal Reserve Bank of New York..(Leonard, Alex)
February 25, 2022 Opinion or Order Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Federal Reserve Bank of New York..(Leonard, Alex)
February 25, 2022 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Leonard, Alex)
February 25, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL from New York Supreme Court, County of New York. Case Number: 100241/22. (Filing Fee $ 402.00, Receipt Number ANYSDC-25782433).Document filed by Federal Reserve Bank of New York. (Attachments: #1 Exhibit Copy of State Court Documents).(Leonard, Alex)

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Plaintiff: Lori Gardner-Alfred
Represented By: Andrew M. St. Laurent
Represented By: Megan Elizabeth Dubatowka
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Plaintiff: Jeanette Diaz
Represented By: Andrew M. St. Laurent
Represented By: Megan Elizabeth Dubatowka
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Defendant: Federal Reserve Bank of New York
Represented By: Alex Leonard
Represented By: Katherine Rosemary Steele Landy
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