Libertarian Party of Erie County et al v. Cuomo et al
| Libertarian Party of Erie County, Michael Kuzma, Richard Cooper, Ginny Rober, Philip M. Mayor, Michael Rebmann, Edward L. Garrett, David Mongielo, William Cuthbert and John Murtari |
| Andrew M. Cuomo, Eric T. Schneiderman, Joseph A. D'Amico, Dennis M. Kehoe, M. William Boller and Matthew J. Murphy, III |
| 1:2015cv00654 |
| July 21, 2015 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Erie |
| Frank P Geraci |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 38 MANDATE of USCA as to #35 Notice of Appeal filed by Richard Cooper. It is hereby ordered that the appeal is dismissed. (KM) |
| Filing 37 CLERKS CERTIFICATE filed and electronically sent to Court of Appeals. #36 Index to Record on Appeal. (KM) |
| Filing 36 DESIGNATION of Record on Appeal by Richard Cooper re #35 Notice of Appeal CLERK TO FOLLOW UP (Ostrowski, James) |
| Pursuant to Local Rule 12.1 of the U.S. Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after filing of a notice appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (KM) |
| Filing 35 NOTICE OF APPEAL as to #33 Order on Motion to Dismiss for Failure to State a Claim, #34 Judgment, by Richard Cooper. Filing fee $ 505, receipt number 0209-3022037. Appeal Record due by 2/22/2018. (Ostrowski, James) |
| Filing 34 JUDGMENT in favor of Andrew M. Cuomo, Dennis M. Kehoe, Eric T. Schneiderman, Joseph A. D'Amico, M. William Boller, Matthew J. Murphy, III against Libertarian Party of Erie County, David Mongielo, Edward L. Garrett, Ginny Rober, John Murtari, Michael Kuzma, Michael Rebmann, Philip M. Mayor, Richard Cooper, William Cuthbert. Signed by Mary C. Loewenguth, Clerk of Court on 1/11/2018. (KM) |
| Filing 33 DECISION AND ORDER: For the reasons stated, Defendants' #25 Motion to Dismiss is GRANTED and Plaintiffs' #17 Amended Complaint is DISMISSED. The Clerk of Court is directed to close this case. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 1/10/18. (JO)-CLERK TO FOLLOW UP- |
| Filing 32 Letter from William Taylor, dated 1/13/2017, to Judge Geraci (KM) |
| Filing 31 DECLARATION signed by William J. Taylor, Jr., Assistant Attorney General re #30 Reply/Response, filed by M. William Boller, Andrew M. Cuomo, Dennis M. Kehoe, Eric T. Schneiderman, Joseph A. D'Amico, Matthew J. Murphy, III filed by M. William Boller, Andrew M. Cuomo, Dennis M. Kehoe, Eric T. Schneiderman, Joseph A. D'Amico, Matthew J. Murphy, III. (Attachments: #1 Exhibit M)(Taylor, William) |
| Filing 30 REPLY/RESPONSE to re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT-MATTER JURISDICTION Reply Memorandum of Law filed by M. William Boller, Andrew M. Cuomo, Joseph A. D'Amico, Dennis M. Kehoe, Matthew J. Murphy, III, Eric T. Schneiderman. (Taylor, William) |
| Filing 29 MEMORANDUM in Opposition re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT-MATTER JURISDICTION filed by Richard Cooper. (Ostrowski, James) |
| Filing 28 TEXT ORDER GRANTING the Plaintiff's unopposed request for an extension of time until 6/3/16 to file their response to the pending Motion to Dismiss #25 . Defendants may have until 6/24/16 to file any reply. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 5/23/16. (SCE) |
| Filing 27 DECLARATION re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT-MATTER JURISDICTION filed by M. William Boller, Andrew M. Cuomo, Joseph A. D'Amico, Dennis M. Kehoe, Matthew J. Murphy, III, Eric T. Schneiderman . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Errata D, #5 Errata E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Taylor, William) |
| Filing 26 MEMORANDUM IN SUPPORT re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT-MATTER JURISDICTION byM. William Boller, Andrew M. Cuomo, Joseph A. D'Amico, Dennis M. Kehoe, Matthew J. Murphy, III, Eric T. Schneiderman. (Taylor, William) |
| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT-MATTER JURISDICTION by M. William Boller, Andrew M. Cuomo, Joseph A. D'Amico, Dennis M. Kehoe, Matthew J. Murphy, III, Eric T. Schneiderman.(Taylor, William) |
Filing 24
ORDER granting defense counsel's request, with consent, to file a joint 45-page memorandum of law in support of its anticipated motion to dismiss the amended complaint. Signed by Hon. Frank P. Geraci, Jr. on 4/21/2016. (KLH)
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Filing 23
ORDER granting defense counsel's request, with consent, for an extension of time to file an Answer to the Amended Complaint. Defendants' Answer is now due 4/29/2016.. Signed by Hon. Frank P. Geraci, Jr. on 4/4/2016. (MC)
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| Filing 22 NOTICE of Appearance by William James Taylor, Jr on behalf of M. William Boller, Andrew M. Cuomo, Joseph A. D'Amico, Dennis M. Kehoe, Matthew J. Murphy, III, Eric T. Schneiderman (Taylor, William) |
| Filing 21 SUMMONS Returned Executed by Richard Cooper. M. William Boller served on 3/18/2016, answer due 4/8/2016. (Ostrowski, James) |
| Filing 20 SUMMONS Returned Executed by Richard Cooper. Dennis M. Kehoe served on 3/17/2016, answer due 4/7/2016. (Ostrowski, James) |
| Filing 19 AFFIDAVIT of Service for summons and amended complaint served on Matthew J. Murphy on 01/28/2016, filed by Richard Cooper., SUMMONS Returned Executed by Richard Cooper. Richard Cooper served on 1/28/2016, answer due 2/18/2016. (Ostrowski, James) |
| Amended Summons Issued as to M. William Boller, Dennis M. Kehoe, Matthew J. Murphy, III. (KM) |
| Filing 18 TEXT ORDER: Two Motions to Dismiss the Complaint #6 , #14 are pending before the Court. Subsequent to the filing of those motions, Plaintiff filed an Amended Complaint, which is permitted under Fed. R. Civ. P. 15(a). It is well established that an amended complaint ordinarily supersedes the original, and renders it of no legal effect. Shields v. Citytrust Bancorp, Inc., 25 F.3d 1124, 1128 (2d Cir. 1994)(citation omitted). Because the original Complaint is no longer operative, the Defendants' Motions #6 , #14 to Dismiss the original Complaint are DENIED AS MOOT. The Defendants' request, made with the Plaintiff's consent, to extend the time to answer or otherwise move against the Amended Complaint until the later of either 2/19/16 or 30 days after all Defendants in this action have been served is GRANTED. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 1/8/16.(SCE) |
| Filing 17 AMENDED COMPLAINT against All Defendants, filed by Libertarian Party of Erie County.(Ostrowski, James) |
| Filing 16 TEXT ORDER re #14 MOTION to Dismiss the Complaint or, Alternatively, to Transfer Venue filed by Andrew M. Cuomo, Joseph A. D'Amico on December 3, 2015. Responses are due no later than January 8, 2016. Replies may be filed eight (8) business days after the filing of responses. The Court will not hold oral argument but will decide the motion based on the papers submitted. IT IS SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 12/8/2015. (MC) |
| Filing 15 MEMORANDUM in Support re #6 MOTION to Dismiss the Complaint or, Alternatively, to Transfer Venue, #14 MOTION to Dismiss the Complaint or, Alternatively, to Transfer Venue filed by Andrew M. Cuomo, Joseph A. D'Amico. (Taylor, William) |
| Filing 14 MOTION to Dismiss the Complaint or, Alternatively, to Transfer Venue by Andrew M. Cuomo, Joseph A. D'Amico. Responses due by 12/23/2015.(Taylor, William) |
| Filing 13 NOTICE of Appearance by William James Taylor, Jr on behalf of Andrew M. Cuomo, Joseph A. D'Amico (Taylor, William) |
| Filing 12 NOTICE of Appearance by Monica Anne Connell on behalf of Andrew M. Cuomo, Joseph A. D'Amico, Eric T. Schneiderman (Connell, Monica) |
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Filing 11
ORDER re #6 MOTION to Dismiss filed by Eric T. Schneiderman, Plaintiff's Replies to motion and to amend complaint as of right due by 12/23/2015, Defendants' Responses to Plaintiff's reply due by 1/13/2016.Signed by Hon. Frank P. Geraci, Jr. on 11/17/15. (KM)
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| Filing 10 SUMMONS Returned Executed by Richard Cooper. Joseph A. D'Amico served on 11/12/2015, answer due 12/3/2015. (Ostrowski, James) |
| Filing 9 SUMMONS Returned Executed by Richard Cooper. Andrew M. Cuomo served on 11/12/2015, answer due 12/3/2015. (Ostrowski, James) |
| Filing 8 DECLARATION signed by William J. Taylor, Jr., Assistant Attorney General re #6 MOTION to Dismiss the Complaint or, Alternatively, to Transfer Venue filed by Eric T. Schneiderman filed by Eric T. Schneiderman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Taylor, William) |
| Filing 7 MEMORANDUM in Support re #6 MOTION to Dismiss the Complaint or, Alternatively, to Transfer Venue filed by Eric T. Schneiderman. (Taylor, William) |
| Filing 6 MOTION to Dismiss the Complaint or, Alternatively, to Transfer Venue by Eric T. Schneiderman.(Taylor, William) |
| Filing 5 LETTER ORDER granting Defendant Schneiderman's request for permission to file a 35-page brief. Plaintiffs' counsel has consented. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 11/05/2015. (ST) |
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Filing 4
ORDER GRANTING defendant Eric t. Schneiderman an extension of time, answer due 11/6/2015. Signed by Hon. Frank P. Geraci, Jr. on 10/5/2015. (KM)
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Filing 3
ORDER GRANTING Defendant Eric T. Schneiderman an extension of time to answer, move or otherwise respond to the Complaint due 10/9/2015. Signed by Hon. Frank P. Geraci, Jr. on 8/7/2015. (CMD)
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| Filing 2 NOTICE of Appearance by William James Taylor, Jr on behalf of Eric T. Schneiderman (Taylor, William) |
| Filing 1 COMPLAINT against Andrew M. Cuomo, Joseph A. D'Amico, Eric T. Schneiderman, filed by Michael Rebmann, Michael Kuzma, Ginny Rober, Philip M. Mayor, David Mongielo, Libertarian Party of Erie County, Edward L. Garrett, Richard Cooper. Receipt no. 46278 $400.00(KM) |
| Summons Issued as to Andrew M. Cuomo, Joseph A. D'Amico, Eric T. Schneiderman. (KM) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. Notification to Chambers of on-line civil case opening. (KM) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(KM) |
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