Mora v. New York State Unified Court System et al
| Frank Mora |
| New York State Unified Court System, Office of Court Administration, Anne Minihan, Lawrence Marks, Justin Barry, Rosemary Martinez-Burges, Jennifer DiLallo, Shawn Kerby, Keith Miller, Linda Dunlap-Miller, Scott Murphy, Michelle Smith, John Sullivan, Dan Weitz and Nancy Barry |
| 7:2022cv10322 |
| December 6, 2022 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights (Employment Discrimination) |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 19, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 76
ORDER: On February 28, 2023, defendants moved to dismiss the complaint. (Docs. #70, 73). Accordingly, it is hereby ORDERED that, by no later than March 13, 2023, plaintiff must notify the Court by letter whether plaintiff (i) intends to file an amended complaint in response to the motions to dismiss, or (ii) will rely on the complaint that is the subject of the motions to dismiss. If plaintiff elects not to file an amended complaint, the motions will proceed in the regular course, and the Court is unlikely to grant plaintiff a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendants' motions. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"); accord F5 Capital v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiff elects to file an amended complaint, plaintiff must file the amended complaint by no later than 14 days after notifying the Court of plaintiffs intent to do so. Within 21 days of such amendment, defendants may either: (i) file an answer to the amended complaint; or (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that defendants are relying on the initially filed motion(s) to dismiss. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/2/2023) (ks)
|
|
Filing 75
MEMORANDUM OF LAW in Support re: #73 MOTION to Dismiss . . Document filed by New York State Unified Court System, Office of Court Administration..(Siudzinski, Michael)
|
|
Filing 74
DECLARATION of Michael J. Siudzinski in Support re: #73 MOTION to Dismiss .. Document filed by New York State Unified Court System, Office of Court Administration. (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).(Siudzinski, Michael)
|
|
Filing 73
MOTION to Dismiss . Document filed by New York State Unified Court System, Office of Court Administration..(Siudzinski, Michael)
|
|
Filing 72
MEMORANDUM OF LAW in Support re: #70 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Justin Barry, Nancy Barry, Jennifer DiLallo, Linda Dunlap-Miller, Shawn Kerby, Lawrence Marks, Rosemary Martinez-Burges, Keith Miller, Anne Minihan, Scott Murphy, Michelle Smith, John Sullivan, Dan Weitz..(Berg, Michael)
|
|
Filing 71
DECLARATION of Justin Barry in Support re: #70 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Justin Barry, Nancy Barry, Jennifer DiLallo, Linda Dunlap-Miller, Shawn Kerby, Lawrence Marks, Rosemary Martinez-Burges, Keith Miller, Anne Minihan, Scott Murphy, Michelle Smith, John Sullivan, Dan Weitz. (Attachments: #1 Exhibit UCS Memorandum re Vaccination Policy for Judges, #2 Exhibit Plaintiffs' Supplement to Exemption Application).(Berg, Michael)
|
|
Filing 70
MOTION to Dismiss ., MOTION to Dismiss for Lack of Jurisdiction . Document filed by Justin Barry, Nancy Barry, Jennifer DiLallo, Linda Dunlap-Miller, Shawn Kerby, Lawrence Marks, Rosemary Martinez-Burges, Keith Miller, Anne Minihan, Scott Murphy, Michelle Smith, John Sullivan, Dan Weitz..(Berg, Michael)
|
|
Filing 69
ORDER terminating #49 Motion for Preliminary Injunction: In light of plaintiff's counsel's letter dated 2/16/2023 (Doc. #68), the motion for a preliminary injunction is terminated as moot. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
|
|
Filing 68
LETTER addressed to Judge Vincent L. Briccetti from Michael H. Sussman dated February 16, 2023 re: withdrawal of preliminary injunction motion as moot. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 67
ORDER granting #66 Letter Motion for Extension of Time to File: By 2/17/2023, defendant New York State Unified Court System, Office of Court Administration ("OCA") shall either file a stipulation resolving, or oppose, plaintiff's motion for a preliminary injunction. If OCA opposes the motion, plaintiff's reply is due 2/24/2023. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
|
|
Filing 66
LETTER MOTION for Extension of Time to File Opposition or Stipulation of Settlement to Plaintiff's PI Motion addressed to Judge Vincent L. Briccetti from M dated Feb. 6, 2023. Document filed by New York State Unified Court System, Office of Court Administration..(Siudzinski, Michael)
|
|
Filing 65
ELECTRONIC SUMMONS ISSUED as to Linda Dunlap-Miller..(pc)
|
|
Filing 64
REQUEST FOR ISSUANCE OF SUMMONS as to Linda Dunlap-Miller, re: #48 Complaint,. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 63
ORDER granting #62 Letter Motion for Extension of Time to File Response/Reply: Defendant New York State Unified Court System, Office of Court Administration's time to oppose plaintiff's motion for a preliminary injunction is extended to 2/9/2023. Plaintiff's reply is due 2/16/2023. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
|
|
Filing 62
LETTER MOTION for Extension of Time to File Response/Reply as to #49 MOTION for Preliminary Injunction . addressed to Judge Vincent L. Briccetti from Michael Siudzinski dated January 26, 2023. Document filed by New York State Unified Court System, Office of Court Administration..(Siudzinski, Michael)
|
|
Filing 61
AFFIDAVIT OF SERVICE of Summons and Complaint served on Dan Weitz on 1/4/2023. Service was accepted by Michael Saginsky, co-worker. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 60
AFFIDAVIT OF SERVICE of Summons and Complaint served on Lawrence Marks on 1/4/2023. Service was accepted by Michael Saginsky, co-worker. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 59
AFFIDAVIT OF SERVICE of Summons and Complaint served on John Sullivan on 1/4/2023. Service was accepted by Michael Saginsky, co-worker. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 58
AFFIDAVIT OF SERVICE of Summons and Complaint served on Justin Barry on 1/4/2023. Service was accepted by Michael Saginsky, co-worker. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 57
AFFIDAVIT OF SERVICE of Summons and Complaint served on Nancy Barry on 1/4/2023. Service was accepted by Michael Saginsky, co-worker. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 56
AFFIDAVIT OF SERVICE of Summons and Complaint served on New York State Unified Court System on 1/4/2023. Service was accepted by Michael Saginsky, Agent for Service of Process. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 55
AFFIDAVIT OF SERVICE of Summons and Complaint served on Office of Court Administration on 1/4/2023. Service was accepted by Michael Saginsky, Agent for Service of Process. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 54
AFFIDAVIT OF SERVICE of Summons and Complaint served on Shawn Kerby on 1/4/2023. Service was accepted by Michael Saginsky, co-worker. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 53
NOTICE OF APPEARANCE by Michael John Siudzinski on behalf of New York State Unified Court System, Office of Court Administration..(Siudzinski, Michael)
|
|
Filing 52
DECLARATION of Frank Mora in Support re: #49 MOTION for Preliminary Injunction .. Document filed by Frank Mora. (Attachments: #1 Exhibit Denial Letter, #2 Exhibit 2023 City Court Judges Eligible for Temporary Assignments to County or Family Courts).(Sussman, Michael)
|
|
Filing 51
DECLARATION of Michael H. Sussman, Esq in Support re: #49 MOTION for Preliminary Injunction .. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 50
MEMORANDUM OF LAW in Support re: #49 MOTION for Preliminary Injunction . . Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 49
MOTION for Preliminary Injunction . Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 48
COMPLAINT against Justin Barry, Nancy Barry, Jennifer DiLallo, Linda Dunlap-Miller, Shawn Kerby, Lawrence Marks, Rosemary Martinez-Burges, Keith Miller, Anne Minihan, Scott Murphy, New York State Unified Court System, Office of Court Administration, Michelle Smith, John Sullivan, Dan Weitz. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 47
ORDER granting #46 Letter Motion for Extension of Time to Answer: The time for ALL DEFENDANTS to answer, move, or otherwise respond to the complaint is extended to 2/28/2023. Plaintiff's counsel is ordered to file a full and correct copy of the complaint, including all exhibits, by 1/16/2023. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
|
|
Filing 46
CONSENT LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint addressed to Judge Vincent L. Briccetti from Michael A. Berg dated 1/9/23. Document filed by Justin Barry, Nancy Barry, Shawn Kerby, Lawrence Marks, Anne Minihan, John Sullivan, Dan Weitz..(Berg, Michael)
|
|
Filing 45
AFFIDAVIT OF SERVICE of Summons and Complaint,. Anne Minihan served on 12/21/2022, answer due 1/11/2023. Service was accepted by James Scully, Deputy Chief Clerk. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 44
ELECTRONIC SUMMONS ISSUED as to Anne Minihan. (vf)
|
|
Filing 43
ELECTRONIC SUMMONS ISSUED as to Office of Court Administration. (vf)
|
|
Filing 42
ELECTRONIC SUMMONS ISSUED as to Jennifer DiLallo. (vf)
|
|
Filing 41
ELECTRONIC SUMMONS ISSUED as to Rosemary Martinez-Burges. (vf)
|
|
Filing 40
ELECTRONIC SUMMONS ISSUED as to Nancy Barry. (vf)
|
|
Filing 39
ELECTRONIC SUMMONS ISSUED as to Justin Barry. (vf)
|
|
Filing 38
ELECTRONIC SUMMONS ISSUED as to Lawrence Marks. (vf)
|
|
Filing 37
ELECTRONIC SUMMONS ISSUED as to Dan Weitz. (vf)
|
|
Filing 36
ELECTRONIC SUMMONS ISSUED as to John Sullivan. (vf)
|
|
Filing 35
ELECTRONIC SUMMONS ISSUED as to Michelle Smith. (vf)
|
|
Filing 34
ELECTRONIC SUMMONS ISSUED as to Scott Murphy. (vf)
|
|
Filing 33
ELECTRONIC SUMMONS ISSUED as to Keith Miller. (vf)
|
|
Filing 32
ELECTRONIC SUMMONS ISSUED as to Shawn Kerby. (vf)
|
|
Filing 31
ELECTRONIC SUMMONS ISSUED as to New York State Unified Court System. (vf)
|
|
Filing 30
REQUEST FOR ISSUANCE OF SUMMONS as to Anne Minihan, re: #1 Complaint,. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 29
REQUEST FOR ISSUANCE OF SUMMONS as to Office of Court Administration, re: #1 Complaint,. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 28
REQUEST FOR ISSUANCE OF SUMMONS as to Jennifer DiLallo, re: #1 Complaint,. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 27
REQUEST FOR ISSUANCE OF SUMMONS as to Rosemary Martinez-Burges, re: #1 Complaint,. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 26
REQUEST FOR ISSUANCE OF SUMMONS as to Nancy Barry, re: #1 Complaint,. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 25
REQUEST FOR ISSUANCE OF SUMMONS as to Justin Barry, re: #1 Complaint,. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 24
REQUEST FOR ISSUANCE OF SUMMONS as to Lawrence Marks, re: #1 Complaint,. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 23
REQUEST FOR ISSUANCE OF SUMMONS as to Dan Weitz, re: #1 Complaint,. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 22
REQUEST FOR ISSUANCE OF SUMMONS as to John Sullivan, re: #1 Complaint,. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 21
REQUEST FOR ISSUANCE OF SUMMONS as to Michelle Smith, re: #1 Complaint,. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 20
REQUEST FOR ISSUANCE OF SUMMONS as to Scott Murphy, re: #1 Complaint,. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 19
REQUEST FOR ISSUANCE OF SUMMONS as to Keith Miller, re: #1 Complaint,. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 18
REQUEST FOR ISSUANCE OF SUMMONS as to Shawn Kerby, re: #1 Complaint,. Document filed by Frank Mora..(Sussman, Michael)
|
|
Filing 17
REQUEST FOR ISSUANCE OF SUMMONS as to New York State Unified Court System, re: #1 Complaint,. Document filed by Frank Mora..(Sussman, Michael)
|
|
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Howard Sussman. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:2000. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:1983. (sj)
|
|
Magistrate Judge Judith C. McCarthy 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. (sj)
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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..(sj)
|
|
Case Designated ECF. (sj)
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Howard Sussman to RE-FILE Document No. #16 Request for Issuance of Summons, #13 Request for Issuance of Summons, #15 Request for Issuance of Summons, #10 Request for Issuance of Summons, #7 Request for Issuance of Summons, #11 Request for Issuance of Summons, #12 Request for Issuance of Summons, #8 Request for Issuance of Summons, #6 Request for Issuance of Summons, #14 Request for Issuance of Summons, #9 Request for Issuance of Summons, #3 Request for Issuance of Summons, #4 Request for Issuance of Summons, #5 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; Caption error, if all names do not fit in the space provided, name the first listed defendant on the pleading followed by 'et al'. 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. (sj)
|
|
Filing 16
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Jennifer DiLallo, re: #1 Complaint,. Document filed by Frank Mora..(Sussman, Michael) Modified on 12/7/2022 (sj).
|
|
Filing 15
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Rosemary Martinez-Burges, re: #1 Complaint,. Document filed by Frank Mora..(Sussman, Michael) Modified on 12/7/2022 (sj).
|
|
Filing 14
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Nancy Barry, re: #1 Complaint,. Document filed by Frank Mora..(Sussman, Michael) Modified on 12/7/2022 (sj).
|
|
Filing 13
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Justin Barry, re: #1 Complaint. Document filed by Frank Mora..(Sussman, Michael) Modified on 12/7/2022 (sj).
|
|
Filing 12
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Lawrence Marks, re: #1 Complaint. Document filed by Frank Mora.(Sussman, Michael) Modified on 12/7/2022 (sj).
|
|
Filing 11
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Office of Court Administration, re: #1 Complaint. Document filed by Frank Mora.(Sussman, Michael) Modified on 12/7/2022 (sj).
|
|
Filing 10
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Anne Minihan, re: #1 Complaint. Document filed by Frank Mora.(Sussman, Michael) Modified on 12/7/2022 (sj).
|
|
Filing 9
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Dan Weitz, re: #1 Complaint. Document filed by Frank Mora.(Sussman, Michael) Modified on 12/7/2022 (sj).
|
|
Filing 8
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to John Sullivan, re: #1 Complaint. Document filed by Frank Mora.(Sussman, Michael) Modified on 12/7/2022 (sj).
|
|
Filing 7
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Michelle Smith, re: #1 Complaint. Document filed by Frank Mora.(Sussman, Michael) Modified on 12/7/2022 (sj).
|
|
Filing 6
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Scott Murphy, re: #1 Complaint. Document filed by Frank Mora.(Sussman, Michael) Modified on 12/7/2022 (sj).
|
|
Filing 5
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Keith Miller, re: #1 Complaint. Document filed by Frank Mora.(Sussman, Michael) Modified on 12/7/2022 (sj).
|
|
Filing 4
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Shawn Kerby, re: #1 Complaint. Document filed by Frank Mora.(Sussman, Michael) Modified on 12/7/2022 (sj).
|
|
Filing 3
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to New York State Unified Court System, re: #1 Complaint. Document filed by Frank Mora.(Sussman, Michael) Modified on 12/7/2022 (sj).
|
|
Filing 2
CIVIL COVER SHEET filed..(Sussman, Michael)
|
|
Filing 1
COMPLAINT against Justin Barry, Nancy Barry, Jennifer DiLallo, Linda Dunlap-Miller, Shawn Kerby, Lawrence Marks, Rosemary Martinez-Burges, Keith Miller, Anne Minihan, Scott Murphy, New York State Unified Court System, Office of Court Administration, Michelle Smith, John Sullivan, Dan Weitz. (Filing Fee $ 402.00, Receipt Number ANYSDC-27049821)Document filed by Frank Mora..(Sussman, Michael)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
