Bimber's Delwood, Inc. et al v. James et al
| Pharaohs GC, Inc., Five Star Lanes, Inc., The Cowboy of Chippewa, Inc., Four Aces Bar & Grill, Karate Ken's, LTD, Bimber's Delwood, Inc., The Body Shop Gentlemen's Club, Inc., Bison Billiards Inc. and Soonertunes Productions |
| New York State Senate, Governor Andrew M. Cuomo, Attorney General Letitia A. James and New York State Assembly |
| 1:2020cv01043 |
| August 7, 2020 |
| US District Court for the Western District of New York |
| William M Skretny |
| Constitutional - State Statute |
| 28 U.S.C. § 1343 |
| None |
Docket Report
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| Document Text |
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| Filing 22 WAIVER OF SERVICE Returned Executed by Pharaohs GC, Inc., Five Star Lanes, Inc., Soonertunes Productions, The Cowboy of Chippewa, Inc., Bison Billiards Inc., The Body Shop Gentlemen's Club, Inc., Bimber's Delwood, Inc., Four Aces Bar & Grill, Karate Ken's, LTD. Attorney General Letitia A. James waiver sent on 9/1/2020, answer due 11/2/2020. (Cohen, Steven) |
| Filing 21 WAIVER OF SERVICE Returned Executed by Pharaohs GC, Inc., Five Star Lanes, Inc., Soonertunes Productions, The Cowboy of Chippewa, Inc., Bison Billiards Inc., The Body Shop Gentlemen's Club, Inc., Bimber's Delwood, Inc., Four Aces Bar & Grill, Karate Ken's, LTD. Governor Andrew M. Cuomo waiver sent on 9/1/2020, answer due 11/2/2020. (Cohen, Steven) |
| Filing 20 REPLY to Response to Motion re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Memorandum of Law filed by Governor Andrew M. Cuomo, Attorney General Letitia A. James, New York State Assembly, New York State Senate. (Zimmermann, George) |
| Filing 19 REPLY/RESPONSE to re #7 MOTION for Preliminary Injunction , #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bimber's Delwood, Inc., Bison Billiards Inc., Five Star Lanes, Inc., Four Aces Bar & Grill, Karate Ken's, LTD, Pharaohs GC, Inc., Soonertunes Productions, The Body Shop Gentlemen's Club, Inc., The Cowboy of Chippewa, Inc.. (Attachments: #1 Affidavit Kenneth Meier, #2 Affidavit Alfred Castricone, #3 Affidavit Peter Gerace, #4 Affidavit Richard Rice, #5 Affidavit Michael Shriver, #6 Exhibit A, #7 Exhibit B, #8 Exhibit C, #9 Exhibit D)(Cohen, Steven) |
| Filing 18 TEXT ORDERIT HEREBY IS ORDERED, that Plaintiffs shall include their response to Defendants' #15 cross-motion to dismiss in their filing due September 25, 2020. FURTHER, that Defendants' may file a reply in further support of their #15 cross-motion to dismiss by September 29, 2020.FURTHER, that a hearing or oral argument will be scheduled by separate order, if deemed necessary. SO ORDERED. Issued by William M. Skretny, United States District Judge on 9/23/2020. (JCM) |
| Filing 17 SUMMONS Returned Executed by Pharaohs GC, Inc., Five Star Lanes, Inc., Soonertunes Productions, The Cowboy of Chippewa, Inc., Bison Billiards Inc., The Body Shop Gentlemen's Club, Inc., Bimber's Delwood, Inc., Four Aces Bar & Grill, Karate Ken's, LTD. New York State Senate served on 9/16/2020, answer due 10/7/2020. (Cohen, Steven) |
| Filing 16 RESPONSE in Opposition re #7 MOTION for Preliminary Injunction filed by Governor Andrew M. Cuomo, Attorney General Letitia A. James, New York State Assembly, New York State Senate. (Attachments: #1 declaration of Elizabeth M. Dufort)(Zimmermann, George) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Governor Andrew M. Cuomo, Attorney General Letitia A. James, New York State Assembly, New York State Senate. (Attachments: #1 Memorandum in Support, #2 declaration of Elizabeth M. Dufort)(Zimmermann, George) |
| Filing 14 Minute Entry for proceedings held before Hon. William M. Skretny: Status Conference held on 9/15/2020. Proceeding held via Zoom for Government Video Conference. Briefing schedule is set: Defendants' response is due 9/21/2020. Plaintiffs' reply is due 9/25/2020. Plaintiff requests oral argument and hearing; Court will advise parties regarding same after receipt of all submissions. Defendants request expansion of page limit to 50 pages. Court grants same. Appearances by Zoom: for Plaintiffs - Steven Cohen. For Defendants - Joel Terragnoli, George Zimmermann. (Court Reporter Bonnie Weber.) (GSR) |
| E-Filing Notification: Please note for future reference that the proper event is summons returned executed. No action required RE #12 AFFIDAVIT of Service, #11 AFFIDAVIT of Service for Summons and Amended Complaint and #10 AFFIDAVIT of Service for Summons and Amended Complaint. (TF) |
| Filing 13 ACKNOWLEDGEMENT OF SERVICE Executed served on NYS Assembly Acknowledgement filed by Bimber's Delwood, Inc., Bison Billiards Inc., Five Star Lanes, Inc., Four Aces Bar & Grill, Karate Ken's, LTD, Pharaohs GC, Inc., Soonertunes Productions, The Body Shop Gentlemen's Club, Inc., The Cowboy of Chippewa, Inc.. (Cohen, Steven) |
| Filing 12 AFFIDAVIT of Service for Order dated September 10, 2020 on 09/10/2020, filed by Bimber's Delwood, Inc., Bison Billiards Inc., Five Star Lanes, Inc., Four Aces Bar & Grill, Karate Ken's, LTD, Pharaohs GC, Inc., Soonertunes Productions, The Body Shop Gentlemen's Club, Inc., The Cowboy of Chippewa, Inc.. (Cohen, Steven) |
| Filing 11 AFFIDAVIT of Service for Summons and Amended Complaint served on New York State Assembly on 09/08/2020, filed by Bimber's Delwood, Inc., Bison Billiards Inc., Five Star Lanes, Inc., Four Aces Bar & Grill, Karate Ken's, LTD, Pharaohs GC, Inc., Soonertunes Productions, The Body Shop Gentlemen's Club, Inc., The Cowboy of Chippewa, Inc.. (Cohen, Steven) |
| Filing 10 AFFIDAVIT of Service for Summons and Amended Complaint served on New York State Senate on 09/08/2020, filed by Bimber's Delwood, Inc., Bison Billiards Inc., Five Star Lanes, Inc., Four Aces Bar & Grill, Karate Ken's, LTD, Pharaohs GC, Inc., Soonertunes Productions, The Body Shop Gentlemen's Club, Inc., The Cowboy of Chippewa, Inc.. (Cohen, Steven) |
Filing 9
ORDERIT HEREBY IS ORDERED, that counsel for the parties must appear before this Court via the Zoom Government platform on Tuesday, September 15, 2020, at 1:00 p.m., to discuss Plaintiff's motion for injunctive relief (Docket No. 7).FURTHER, that Plaintiffs' counsel must serve a copy of this Order on Defendants and each of their counsel (if known) by 5:00 p.m. on Friday, September 11, 2020.FURTHER, that counsel should familiarize themselves with this Court's recent decision in Luke's Catering Service, LLC, et al. v. Andrew M. Cuomo, et al, 20-CV-1086S, Docket No. 39 (W.D.N.Y. Sept. 10, 2020) before the status conference.FURTHER, that counsel must contact chambers at 716-551-1824 by 2:00 p.m. on Monday, September 14, 2020, for instructions on the Zoom Government platform.FURTHER, that the public can obtain access information for this proceeding by contacting chambers at 716-551-1824. SO ORDERED.Signed by William M. Skretny, United States District Judge on 9/10/2020. (JCM)
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| Case reassigned to Hon. William M. Skretny. Hon. Lawrence J. Vilardo no longer assigned to the case. (TF) |
| Filing 8 TEXT ORDER. The Hon. Lawrence J. Vilardo hereby recuses himself in this matter. The Clerk of Court is hereby requested to assign this case to another United States District Judge. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 9/2/2020. (CMD)-CLERK TO FOLLOW UP- |
| Filing 7 MOTION for Preliminary Injunction by Bimber's Delwood, Inc., Bison Billiards Inc., Five Star Lanes, Inc., Four Aces Bar & Grill, Karate Ken's, LTD, Pharaohs GC, Inc., Soonertunes Productions, The Body Shop Gentlemen's Club, Inc., The Cowboy of Chippewa, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit A)(Cohen, Steven) |
| Filing 6 MOTION to Expedite by Bimber's Delwood, Inc., Bison Billiards Inc., Five Star Lanes, Inc., Four Aces Bar & Grill, Karate Ken's, LTD, Pharaohs GC, Inc., Soonertunes Productions, The Body Shop Gentlemen's Club, Inc., The Cowboy of Chippewa, Inc.. (Attachments: #1 Declaration, #2 Exhibit A)(Cohen, Steven) |
| Filing 5 AMENDED COMPLAINT against All Defendants, filed by Pharaohs GC, Inc., Five Star Lanes, Inc., Soonertunes Productions, The Cowboy of Chippewa, Inc., Bison Billiards Inc., The Body Shop Gentlemen's Club, Inc., Bimber's Delwood, Inc., Four Aces Bar & Grill, Karate Ken's, LTD.(Cohen, Steven) |
| Case reassigned to Hon. Lawrence J. Vilardo. (TF) |
| Filing 4 TEXT ORDER OF RECUSAL: Due to a conflict, I hereby recuse myself from further involvement in this matter and ask the Clerk of the Court to reassign this matter to another district judge. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 8/13/2020. (KLH)-CLERK TO FOLLOW UP- |
| Filing 3 Summons Issued as to Governor Andrew M. Cuomo, Attorney General Letitia A. James, New York State Assembly, New York State Senate. (JD) |
| Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (JD) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(JD) |
| 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. (JD) |
| Filing 2 Original Summons Filed. (Attachments: #1 Summons, #2 Summons, #3 Summons)(Cohen, Steven) |
| Filing 1 COMPLAINT against All Defendants $ 400 receipt number 0209-3930835, filed by Pharaohs GC, Inc., Five Star Lanes, Inc., Soonertunes Productions, The Cowboy of Chippewa, Inc., Bison Billiards Inc., The Body Shop Gentlemen's Club, Inc., Bimber's Delwood, Inc., Four Aces Bar & Grill, Karate Ken's, LTD. (Attachments: #1 Civil Cover Sheet)(Cohen, Steven) |
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