New York State Vegetable Growers Association Inc. et al v. Cuomo et al
Plaintiff: Northeast Dairy Producers Association Inc. and New York State Vegetable Growers Association Inc.
Defendant: Labor Commissioner Roberta Reardon, Letitia James and Governor Andrew Cuomo
Case Number: 1:2019cv01720
Filed: December 30, 2019
Court: US District Court for the Western District of New York
Presiding Judge: Lawrence J Vilardo
Nature of Suit: Constitutional - State Statute
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 12, 2020 Filing 13 TEXT ORDER GRANTING defendants' MOTION for an extension of time to file a response and reply, Docket Item #12 . Response due by 5/1/2020. Reply due by 5/8/2020. A hearing on the plaintiffs' motion for a preliminary injunction is set for 6/3/2020 at 10:00 AM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before the Hon. Lawrence J. Vilardo. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/11/2020. (CMD)
February 11, 2020 Filing 12 MOTION for Extension of Time to File Response/Reply by Andrew Cuomo, Letitia James, Roberta Reardon. (Attachments: #1 Text of Proposed Order)(Kupferberg, Seth)
January 17, 2020 Opinion or Order Filing 11 ORDER EXTENDING TEMPORARY RESTRAINING ORDER AND GRANTING DEFENDANTS' MOTION FOR EXTENSION OF TIME. Response due by 2/14/2020. Reply due by 2/21/2020. Motion Hearing set for 2/28/2020 at 9:30 AM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 1/17/2020. (CMD)
January 14, 2020 Filing 10 MOTION for Extension of Time to File by Andrew Cuomo, Letitia James, Roberta Reardon.(Kupferberg, Seth)
January 13, 2020 Filing 9 NOTICE of Appearance by Seth Mark Kupferberg on behalf of All Defendants (Kupferberg, Seth)
January 8, 2020 Filing 8 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/30/2019, before Judge Lawrence J. Vilardo. Court Reporter/Transcriber Michelle McLaughlin, Contact Info mclreporter@gmail.com. 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 1/29/2020. Redacted Transcript Deadline set for 2/10/2020. Release of Transcript Restriction set for 4/7/2020. (KM)
January 3, 2020 Set/Reset Hearings: Motion Hearing set for 1/24/2020 at 8:30 AM before Hon. Lawrence J. Vilardo. (CMD)
January 2, 2020 E-Filing Notification: Modified to change date of motion hearing and add Courtroom Deputy and Court Reporter information re: 6 Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Motion Hearing held on 12/30/2019 re #2 MOTION for Temporary Restraining Order and Preliminary Injunction by New York State Vegetable Growers Association Inc., Northeast Dairy Producers Association Inc. Argument is held, decision is reserved. (CMD)
December 31, 2019 Opinion or Order Filing 7 ORDER granting the plaintiffs' motion for a temporary restraining order, Docket Item #2 . The temporary restraining order shall remain in effect only until a further hearing on the plaintiffs' motion and any other matters brought before the Court, to be held on January 24, 2020 at 8:30 am. All counsel intending to argue shall be present in person. The defendants' responding papers shall be filed and served no later than January 17, 2020. Any reply papers from the plaintiffs shall be filed and served no later than January 21, 2020. Signed by Hon. Lawrence J. Vilardo on 12/31/19. (CEH)
December 30, 2019 Filing 6 Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Motion Hearing held on 12/30/2019 re #2 MOTION for Temporary Restraining Order and Preliminary Injunction by New York State Vegetable Growers Association Inc., Northeast Dairy Producers Association Inc. Argument is held, decision is reserved. Court directs the parties to submit to the Court proposed language for preliminary injunction order as stated on the record. Submissions to be emailed to the Court by 12:00PM Tuesday, December 31, 2019. Appearances: For Plaintiffs: Dennis C. Vacco, Scott S. Allen, Jr. (appearance by telephone), Charles B. Palmer (appearance by telephone), Ian A. Pitz (appearance by telephone). For Defendants: Michael Russo, Joseph Terragnoli, Seth Kupferberg (appearance by telephone), Karen Cacace (appearance by telephone), Richard Balletta (appearance by telephone).(CEH) (Jane Kellogg, CRD.) (Court Reporter FTR Gold). Modified to change date of motion hearing and add Courtroom Deputy and Court Reporter information on 1/2/2020 (CMD).
December 30, 2019 Filing 5 Summons Issued as to Andrew Cuomo, Letitia James, Roberta Reardon. (CGJ)
December 30, 2019 Filing 4 NOTICE of Appearance by Scott S. Allen, Jr on behalf of All Plaintiffs (Allen, Scott)
December 30, 2019 Filing 3 Corporate Disclosure Statement by New York State Vegetable Growers Association Inc., Northeast Dairy Producers Association Inc.. (Vacco, Dennis)
December 30, 2019 Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction by New York State Vegetable Growers Association Inc., Northeast Dairy Producers Association Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Declaration pursuant to FRCP 65(b)(1)(B), #27 Text of Proposed Order)(Vacco, Dennis)
December 30, 2019 Filing 1 COMPLAINT for Declaratory, Injunctive, and Other Relief against All Defendants $ 400 receipt number 0209-3692493, filed by New York State Vegetable Growers Association Inc., Northeast Dairy Producers Association Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Cuomo Summons, #3 Exhibit James Summons, #4 Exhibit Reardon Summons)(Vacco, Dennis)
December 30, 2019 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. (CGJ)
December 30, 2019 Case assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (CGJ)

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Plaintiff: Northeast Dairy Producers Association Inc.
Represented By: Ian A. Pitz
Represented By: Scott S. Allen, Jr.
Represented By: Dennis C. Vacco
Represented By: Charles B. Palmer
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Plaintiff: New York State Vegetable Growers Association Inc.
Represented By: Charles B. Palmer
Represented By: Ian A. Pitz
Represented By: Scott S. Allen, Jr.
Represented By: Dennis C. Vacco
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Defendant: Labor Commissioner Roberta Reardon
Represented By: Seth Mark Kupferberg
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Defendant: Letitia James
Represented By: Seth Mark Kupferberg
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Defendant: Governor Andrew Cuomo
Represented By: Seth Mark Kupferberg
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