Kearns v. Cuomo et al
| Michael P. Kearns |
| Andrew M. Cuomo, Mark J.F. Schroeder and Letitia A. James |
| Rural and Migrant Ministry, et al and Daniel T. Warren |
| Immigration Reform Law Institute and Amici States |
| 1:2019cv00902 |
| July 8, 2019 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on November 8, 2019. A more recent docket listing may be available from PACER.
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| Filing 49 TEXT ORDER granting #45 Motion to appear pro hac vice on behalf of Kathleen A. Reilly. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/5/2019. (KAC)-CLERK TO FOLLOW UP- |
| Filing 48 TEXT ORDER granting #44 Motion to appear pro hac vice on behalf of Maurice W. Sayeh. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/5/2019. (KAC)-CLERK TO FOLLOW UP- |
| Filing 47 TEXT ORDER. On September 4, 2019, Plaintiff filed an Amended Complaint as of right pursuant to Fed. R. Civ. P. 15(a)(1)(B). Defendants have 14 days to respond to the Amended Complaint "[u]nless the court orders otherwise." Fed. R. Civ. P. 15(a)(3). Defendants previously filed a motion to dismiss on August 16, 2019. "When a plaintiff amends its complaint while a motion to dismiss is pending the court may den[y] the motion as moot [or] consider [] the merits of the motion in light of the amended complaint." Illiano v. Mineola Union Free Sch. Dist., 585 F. Supp. 2d 341, 349 (E.D.N.Y. 2008).Plaintiff and Defendants are hereby directed to confer and advise the Court on or before September 9, 2019, as to their position regarding the #41 Amended Complaint's impact on the #24 Motion to Dismiss and the related briefing schedule (Dkt. 29). The parties are hereby advised that the Court does not intend to adjourn the oral argument date of October 23, 2019, so in the event a revised briefing schedule is proposed, it must take into account the scheduled oral argument date. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/5/2019. (KAC) |
| Filing 46 TEXT ORDER re #42 Motion to Intervene and #43 Motion for Anonymity. Responses are due on or before 9/18/2019. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/5/2019. (KAC) |
| Verified admission to the New York State Bar for Attorney Kathleen A. Reilly (CGJ) |
| Verified admission to the New York State Bar for Attorney Maurice W. Sayeh (CGJ) |
| Filing 45 First MOTION to appear pro hac vice by Kate Reilly ( Filing fee $ 150 receipt number 0209-3575686.) by Rural and Migrant Ministry, et al.(Chin, Jackson) |
| Filing 44 First MOTION to appear pro hac vice ( Filing fee $ 150 receipt number 0209-3575687.) by Rural and Migrant Ministry, et al.(Vasquez, Jorge) |
| Filing 43 First MOTION for anonymity re #42 First MOTION Motion to Intervene as Defendants by Rural and Migrant Ministry, et al.(Chin, Jackson) |
| Filing 42 First MOTION Motion to Intervene as Defendants by Rural and Migrant Ministry, et al.(Vasquez, Jorge) |
| Filing 41 AMENDED COMPLAINT First Amended Complaint against Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder, filed by Michael P. Kearns.(Kirby, Kenneth) |
| E-Filing Notification: Please disregard #40 AMENDED COMPLAINT: Filer will re-file document to select correct defendants. (KLH) |
| Filing 40 **Disregard - document re-filed at #41**AMENDED COMPLAINT First Amended Complaint against Michael P. Kearns, filed by Michael P. Kearns.(Kirby, Kenneth) Modified on 9/4/2019 (KLH). |
| E-Filing Notification regarding #38 AMENDED DOCUMENT by Michael P. Kearns: Incorrect event used to electronically file document. Filer is directed to refile the document utilizing the AMENDED COMPLAINT event, located within the Complaints and Other Initiating Documents category. (KLH) |
| Filing 39 MEMORANDUM in Support of #17 MOTION for Intervention to Move for Dismissal of the Complaint or Alternatively to be Permitted to Participate Amicus Curiae filed by Daniel T. Warren. (KLH) |
| Filing 38 AMENDED DOCUMENT by Michael P. Kearns. Amendment to #1 Complaint First Amended Complaint. (Kirby, Kenneth) |
| Remark: A copy of #37 Certification has been sent to William Barr, Attorney General (Certified Mail #7016 0340 0000 4753 3320) and to Mary Pat Fleming, U.S. Attorney's Office (Certified Mail #7016 0340 0000 4753 3337). (KLH) |
| Filing 37 Certification Pursuant to Fed. R. Civ. P. 5.1 and 28 U.S.C. 2403. Signed by Hon. Elizabeth A. Wolford on 08/28/2019. (CDH)-CLERK TO FOLLOW UP- |
| Filing 36 REPLY/RESPONSE to re 34 Text Order, filed by Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder. (Attachments: #1 Exhibit A)(Terragnoli, Joel) |
| Filing 35 Amicus Curiae Brief entered by Joshua Perry on behalf of Amici States: Connecticut, California, Delaware, Hawaii, Illinois, Maryland, Nevada, and Washington, and the District of Columbia, in Support of Defendants' Motion to Dismiss. (KLH) |
| Filing 34 TEXT ORDER re #33 Letter. By no later than the close of business on Monday, August 26, 2019, Defendants shall file a letter setting forth their position on the applicability of 28 U.S.C. 2403 (and related Federal Rule of Civil Procedure 5.1) to the instant matter. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 08/23/2019. (CDH) |
| Filing 33 Letter filed by Michael P. Kearns as to Letitia A. James, Andrew M. Cuomo, Mark J.F. Schroeder Letter to Judge Wolford regarding 28 U.S.C. sec. 2403(a). (Kirby, Kenneth) |
| Filing 32 CERTIFICATE OF SERVICE by Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder re #25 Memorandum in Support of Motion, #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT MATTER JURISDICTION, #31 Response in Opposition to Motion to non CM/ECF participants (Fang, Linda) |
| Filing 31 RESPONSE in Opposition re #17 MOTION for Intervention to Move for Dismissal of the Complaint or Alternatively to be Permitted to Participate Amicus Curiae filed by Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder. (Fang, Linda) |
| Filing 30 MEMORANDUM in Opposition re #17 MOTION for Intervention to Move for Dismissal of the Complaint or Alternatively to be Permitted to Participate Amicus Curiae filed by Michael P. Kearns. (Kirby, Kenneth) |
| Filing 29 TEXT ORDER re #3 Motion for Preliminary Injunction and #24 Motion to Dismiss. Based upon the proposal from the parties, the Court hereby amends the schedule pertaining to the pending motions in this matter as follows: Plaintiff's reply in support of the #3 Motion for Preliminary Injunction and opposition to the #24 Motion to Dismiss are due on or before 9/16/2019; Defendants' reply in support of the #24 Motion to Dismiss is due on or before 9/27/2019; Any responses to the amicus briefs of the Connecticut Attorney General and Immigration Reform Law Institute are due on or before 9/27/2019. To allow sufficient time for briefing, the oral argument regarding the #3 Motion for Preliminary Injunction and #24 Motion to Dismiss originally scheduled for 9/25/2019 at 2:00 PM is hereby adjourned to 10/23/2019 at 10:00 AM in US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Elizabeth A. Wolford. Finally, the Court hereby sets a deadline of Friday, September 6, 2019, for the filing of any requests for leave to submit an amicus brief. Any potential amicus curiae seeking leave to file an amicus brief must, on or before September 6, 2019, file a request with the Court for leave to file an amicus brief with the proposed brief attached. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/21/2019. (KAC) |
| Filing 28 TEXT ORDER. The Court is in receipt of the parties' joint proposal regarding deadlines for the pending motions in this matter. The Court has no objection to the briefing deadlines requested by the parties. However, the Court is not available for oral argument on October 4, 2019, as the parties have proposed. The Court can make arrangements to be available for oral argument on October 8, 2019, in Buffalo. By the close of business on August 23, 2019, the parties shall inform the Court of their availability for oral argument on October 8, 2019. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 08/20/2019. (CDH). |
| Filing 27 Letter filed by Michael P. Kearns as to Letitia A. James, Andrew M. Cuomo, Mark J.F. Schroeder regarding proposed briefing schedule and proposed (rescheduled) oral argument date. (Kirby, Kenneth) |
| Filing 26 TEXT ORDER re #24 Motion to Dismiss. On or before 8/21/2019, the parties shall meet and confer concerning a proposed briefing schedule regarding the #24 Motion to Dismiss, and submit to the Court either a mutually acceptable proposal or alternatively submit competing proposals. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/19/2019. (KAC) |
| Filing 25 MEMORANDUM in Support re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT MATTER JURISDICTION AND IN OPPOSITION TO #3 MOTION FOR A PRELIMINARY INJUNCTION filed by Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder. (Fang, Linda) |
| Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT MATTER JURISDICTION by Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder. (Attachments: #1 Affidavit of Ann Scott in Support of Motion to Dismiss, #2 Exhibit A to Scott Aff., #3 Exhibit B to Scott Aff.)(Fang, Linda) |
| Filing 22 NOTICE of Appearance by Linda Fang on behalf of Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder (Fang, Linda) |
| Filing 21 Amicus Curiae Brief entered by Christopher J. Hajec on behalf of Immigration Reform Law Institute. (KLH) |
| Filing 20 TEXT ORDER re #19 Letter. The Court grants the Immigration Reform Law Institute's request for leave to file an amicus brief in support of Plaintiff. The amicus brief as submitted will be docketed by the Clerk of Court. Replies are due on or before 9/16/2019. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/14/2019. (KAC) (A copy of this Text Order has been mailed to the Immigration Reform Law Institute) |
| Filing 19 Letter to the Hon. Elizabeth A. Wolford from Christopher J. Hajec dated August 14, 2019 regarding the intention of the Immigration Reform Law Institute to file an amicus brief. (KAC) |
Filing 23
ORDER granting defendants' request for leave to exceed the page limit on a memorandum of law. Signed by Hon. Elizabeth A. Wolford on 8/13/2019. (KLH)
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| Filing 18 TEXT ORDER re #17 Motion for Intervention. Responses are due on or before 8/22/2019. Replies are due on or before 8/29/2019. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/8/2019. (KAC) (A copy of this Text Order has been mailed to Movant-Intervenor) |
| Filing 17 MOTION for Intervention to Move for Dismissal of the Complaint or Alternatively to be Permitted to Participate Amicus Curiae by Daniel T. Warren. (Attachments: #1 Declaration, #2 Memorandum of Law, #3 Exhibit Declaration of Service, Cover, Envelope)(KLH) |
| Filing 16 TEXT ORDER re #15 Letter. The Court grants the Connecticut Attorney General's request for leave to file an amicus brief in support of Defendants. The amicus brief is due on or before 8/23/2019. Replies are due on or before 9/16/2019. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 7/31/2019. (KAC) (A copy of this Text Order has been mailed to the Connecticut Attorney General's office) |
| Filing 15 Letter to the Hon. Elizabeth A. Wolford from Joshua Perry dated July 31, 2019 regarding the intention of the Attorney General for the State of Connecticut to file an amicus brief. (JMM) |
| Filing 14 AFFIDAVIT of Service for Preliminary Injunction served on Mark Schroeder on July 19, 2019, filed by Michael P. Kearns. (Navarro, Thomas) |
| Filing 13 AFFIDAVIT of Service for Preliminary Injunction served on Letitia James on July 19, 2019, filed by Michael P. Kearns. (Navarro, Thomas) |
| Filing 12 AFFIDAVIT of Service for Preliminary Injuction served on Andrew Cuomo on July 19,2019, filed by Michael P. Kearns. (Navarro, Thomas) |
| Filing 11 TEXT ORDER re #3 Motion for a Preliminary Injunction. Defendants' response is due on or before August 16, 2019. Plaintiff's reply is due on or before September 16, 2019. Oral argument is set for September 25, 2019, at 2:00 p.m. at the United States Courthouse, 2 Niagara Square, Buffalo, New York. Defendants' deadline to answer or otherwise respond to the Complaint is held in abeyance pending further order of the Court. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/18/2019. (CDH). |
| Filing 10 Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Thomas J. Navarro, Esq. and Kenneth R. Kirby, Esq. on behalf of plaintiff; Joel Terragnoli, AAG and George Zimmerman, AAG on behalf of defendants. Telephone Conference held on 7/18/2019 regarding Motion for Preliminary Injunction #3 . Defendants' time to Answer or otherwise respond to the Complaint is stayed. Oral Argument regarding Motion for Preliminary Injunction #3 is set for 9/25/2019 at 2:00 PM in US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Elizabeth A. Wolford. (Court Reporter Karen Bush.) (DPS) |
| Filing 9 NOTICE of Appearance by Joel J. Terragnoli on behalf of All Defendants (Terragnoli, Joel) |
| Filing 8 AFFIDAVIT of Service for Summons and Complaint served on Mark Schroeder on July 11, 2019, filed by Michael P. Kearns. (Navarro, Thomas) |
| Filing 7 AFFIDAVIT of Service for Summons and Complaint served on Letitia James on July 11,2019, filed by Michael P. Kearns. (Navarro, Thomas) |
| Filing 6 AFFIDAVIT of Service for Summons and Complaint served on Gov. Andrew Cuomo on July 11,2019, filed by Michael P. Kearns. (Navarro, Thomas) |
| Filing 5 NOTICE of Appearance by George Michael Zimmermann on behalf of Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder (Zimmermann, George) |
| Filing 4 TEXT ORDER. A telephone conference to discuss scheduling regarding #3 Plaintiff's Motion for a Preliminary Injunction is set for Thursday, July 18, 2019, at 2:30 p.m. Call-in instructions will be e-mailed to counsel in advance of the conference. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/17/2019. (CDH). |
| Filing 3 First MOTION for Preliminary Injunction by Michael P. Kearns. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Declaration, #13 Exhibit A, #14 Exhibit B, #15 Exhibit C, #16 Memorandum in Support)(Navarro, Thomas) |
| Filing 2 NOTICE of Appearance by Kenneth R. Kirby on behalf of Michael P. Kearns (Kirby, Kenneth) |
| Summons Issued as to Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder. (KLH) |
| 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. (KLH) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution(KLH) |
| Filing 1 COMPLAINT against Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder, filed by Michael P. Kearns. (Attachments: #1 Civil Cover Sheet, #2 Summons Cuomo, #3 Summons James, #4 Summons Schroeder)(KLH) |
| Filing fee: $ 400.00, receipt number BUF064994 (KLH) |
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