Staffieri v. Law Enforcement Employees Benevolent Association et al
| Charles Staffieri |
| Law Enforcement Employees Benevolent Association and City of New York |
| 1:2022cv08616 |
| October 11, 2022 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
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 25 CERTIFICATE OF SERVICE of Order (ECF No. 24) served on Law Enforcement Employees Benevolent Association on 12/09/2022. Document filed by Charles Staffieri..(Susanj, Danielle) |
Filing 24
ORDER: Defendant Law Enforcement Employees Benevolent Association ("LEEBA") in this action appears to be in default. Plaintiff shall file any motion for default judgment, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman), within two weeks of the date of this Order. If Plaintiff's counsel submits calculations in support of any motion for default judgment, Plaintiff's counsel shall also email native versions of the files with the calculations (i.e., versions of the files in their original format, such as in ".xlsx") to Chambers at Furman_NYSDChambers@nysd.uscourts.gov. If or when a motion for default judgment is filed, the Court will enter a further Order setting a deadline for any opposition and reply and scheduling a show cause hearing. If no motion for default judgment is filed by the deadline set forth above, LEEBA may be dismissed for failure to prosecute without further notice to any party. Plaintiffs shall electronically serve a copy of this Order on Defendant LEEBA within two business days from the date of this Order and shall file proof of such service within three business days of the date of this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/8/2022) (ks)
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| Filing 23 CLERK'S CERTIFICATE OF DEFAULT as to Law Enforcement Employees Benevolent Association.(km) |
| Filing 22 AFFIDAVIT of Danielle R. Acker Susanj in Support re: #21 Proposed Clerk's Certificate of Default. Document filed by Charles Staffieri. (Attachments: #1 Exhibit Proposed Clerk's Certificate of Default, #2 Exhibit Request for a Clerk's Certificate of Default).(Susanj, Danielle) |
| Filing 21 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Charles Staffieri..(Susanj, Danielle) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/30/2022 (km). |
| Filing 20 SUMMONS RETURNED EXECUTED. City of New York served on 10/25/2022, answer due 1/17/2023. Service was accepted by Sarah Jean-Charles, Authorized Agent. Document filed by Charles Staffieri..(Susanj, Danielle) |
| Filing 19 SUMMONS RETURNED EXECUTED. Law Enforcement Employees Benevolent Association served on 11/2/2022, answer due 11/23/2022. Service was accepted by Kenneth Wynder, Jr., President of LEEBA. Document filed by Charles Staffieri..(Susanj, Danielle) |
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 17. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/14/22) (yv)
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| Set/Reset Deadlines: City of New York answer due 1/17/2023. (yv) |
| Filing 17 LETTER MOTION for Extension of Time to respond to Complaint addressed to Judge Jesse M. Furman from Assistant Corporation Counsel Donald C Sullivan dated November 10, 2022. Document filed by City of New York..(Sullivan, Donald) |
| Filing 16 NOTICE OF APPEARANCE by Donald Christopher Sullivan on behalf of City of New York..(Sullivan, Donald) |
| Mailed a copy of #13 Order, to the New York State Office of the Attorney General 28 Liberty St, New York, NY 10005 by certified mail no. 7018 1830 0001 1674 6517. (dsh) Modified on 10/14/2022 (dsh). |
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Filing 15
ORDER granting #12 Motion for Nathan J. McGrath to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 14
ORDER granting #10 Motion for Logan Hetherington to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 13
ORDER REGARDING CERTIFICATION PURSUANT TO FED. R.CIV. P. 5.1 AND 28 U.S.C 2403. Pursuant to 28 U.S.C. 2403(b) and Rule 5.1(b) of the Federal Rules of Civil Procedure, the Court hereby certifies to the Attorney General of the State of New York the constitutional challenge to the Taylor Law described above. The Attorney General is advised that the State may intervene in this action for presentation of evidence, if evidence is otherwise admissible in the case, and for argument on the question of constitutionality, 28 U.S.C. 2403(b), within the time frames set forth in Rule 5.1(c) of the Federal Rules of Civil Procedure. The Clerk of Court is directed to provide a copy of this Order to the Attorney General of the State of New York by sending it via certified mail to the New York State Office of the Attorney General. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/13/22) (yv) Transmission to Docket Assistant Clerk for processing.
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Nathan J. McGrath to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26806127. Motion and supporting papers to be reviewed by Clerk's Office staff., #10 MOTION for Logan Hetherington to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26805930. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 12 MOTION for Nathan J. McGrath to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26806127. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Staffieri. (Attachments: #1 Affidavit Affidavit in Support of Motion, #2 Exhibit Certificate of Good Standing Pennsylvania, #3 Exhibit Certificate of Good Standing New York, #4 Text of Proposed Order Proposed Order).(McGrath, Nathan) |
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Filing 11
ORDER granting #5 Motion for Danielle R. Acker Susanj to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 10 MOTION for Logan Hetherington to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26805930. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Staffieri. (Attachments: #1 Affidavit Affidavit in Support of Motion, #2 Exhibit Certificate of Good Standing Pennsylvania, #3 Text of Proposed Order Proposed Order).(Hetherington, Logan) |
| Filing 9 NOTICE of Constitutional Challenge to a Statute. Document filed by Charles Staffieri..(Susanj, Danielle) |
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on January 18, 2023 at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Additionally, in accordance with Paragraph 3.D of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. (Initial Conference set for 1/18/2023 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 10/12/22) (yv)
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| Filing 7 ELECTRONIC SUMMONS ISSUED as to Law Enforcement Employees Benevolent Association..(jgo) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to City of New York..(jgo) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Danielle R. Acker Susanj to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26798229. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac) |
| Magistrate Judge Sarah Netburn 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(jgo) |
| Case Designated ECF. (jgo) |
| Filing 5 MOTION for Danielle R. Acker Susanj to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26798229. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Staffieri. (Attachments: #1 Affidavit Affidavit of Danielle Susanj in Support of Motion, #2 Exhibit Certificate of Good Standing Pennsylvania, #3 Exhibit Certificate of Good Standing DC, #4 Text of Proposed Order Proposed Order).(Susanj, Danielle) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint. Document filed by Charles Staffieri..(Susanj, Danielle) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Law Enforcement Employees Benevolent Association, re: #1 Complaint. Document filed by Charles Staffieri..(Susanj, Danielle) |
| Filing 2 CIVIL COVER SHEET filed..(Susanj, Danielle) |
| Filing 1 COMPLAINT against City of New York, Law Enforcement Employees Benevolent Association. (Filing Fee $ 402.00, Receipt Number ANYSDC-26798004)Document filed by Charles Staffieri..(Susanj, Danielle) |
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