Luke's Catering Service, LLC et al v. Andrew M. Cuomo, et al
| Rosebud Stables, LLC doing business as Rosebud Estate Weddings, Luke's Catering Service, LLC doing business as Lucarelli's Banquet Center, Kloc's Grove Incorporated, Buffalo Road Catering, Inc. doing business as Avanti Mansion, Clinical Research Solutions, Inc. doing business as Notting Hill Farm and O.P.T. Marketing, Inc. doing business as O'Brien's Sleepy Hollow |
| Erie County Department of Health, Empire State Development Corporation, Letitia A. James, Andrew M. Cuomo and Cattaraugus County Department of Health |
| 1:2020cv01086 |
| August 14, 2020 |
| US District Court for the Western District of New York |
| William M Skretny |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on September 25, 2020. A more recent docket listing may be available from PACER.
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| Filing 41 AMENDED JUDGMENT in favor of Cattaraugus County Department of Health, Empire State Development Corporation, Erie County Department of Health, Andrew M. Cuomo, Letitia A. James against Buffalo Road Catering, Inc., Clinical Research Solutions, Inc., Kloc's Grove Incorporated, Luke's Catering Service, LLC, O.P.T. Marketing, Inc., Rosebud Stables, LLC. Signed by Mary C. Loewenguth, Clerk of Court on 9/25/20. (SG) |
| Filing 40 JUDGMENT in favor of Cattaraugus County Department of Health, Empire State Development Corporation, Erie County Department of Health, Andrew M. Cuomo, Letitia A. James against Buffalo Road Catering, Inc., Clinical Research Solutions, Inc., Kloc's Grove Incorporated, Luke's Catering Service, LLC, O.P.T. Marketing, Inc., Rosebud Stables, LLC. Signed by Mary C. Loewenguth, Clerk of Court on 9/25/20. (SG) |
| Filing 39 DECISION AND ORDERIT HEREBY IS ORDERED, that Plaintiffs' Motion for Preliminary Injunction (Docket No. 4) is DENIED.FURTHER, that the Cross-Motions to Dismiss (Docket Nos. 23, 29) are GRANTED. FURTHER, that Plaintiffs are granted leave to amend their complaint within 14 days of the entry date of this decision. FURTHER, that if Plaintiffs do not file an amended complaint within 14 days of the entry date of this decision, the Clerk of Court is directed to CLOSE this case without further order of this Court. SO ORDERED.Signed by William M. Skretny, United States District Judge on 9/10/2020. (JCM)-CLERK TO FOLLOW UP- |
| Filing 38 DECLARATION filed by Cattaraugus County Department of Health filed by Cattaraugus County Department of Health. (Roshia, Marylou) |
| Filing 37 REPLY to Response to Motion re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Erie County Department of Health. (Parker, Michelle) |
| Filing 36 NOTICE of Appearance by Joel J. Terragnoli on behalf of Andrew M. Cuomo, Empire State Development Corporation, Letitia A. James (Terragnoli, Joel) |
| Filing 35 REPLY to Response to Motion re #29 MOTION to Dismiss filed by Andrew M. Cuomo, Empire State Development Corporation, Letitia A. James. (Attachments: #1 Certificate of Service)(Zimmermann, George) |
| Filing 34 CERTIFICATE OF SERVICE by Buffalo Road Catering, Inc., Clinical Research Solutions, Inc., Kloc's Grove Incorporated, Luke's Catering Service, LLC, O.P.T. Marketing, Inc., Rosebud Stables, LLC re #33 Reply/Response,,,,,,, (DeMarco, Nicholas) |
| Filing 33 REPLY/RESPONSE to re #25 Memorandum in Opposition to Motion, #28 Memorandum in Opposition, #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #29 MOTION to Dismiss, #24 Response in Opposition to Motion, #27 Reply/Response, #4 MOTION to Expedite Hearing MOTION for Preliminary Injunction filed by Buffalo Road Catering, Inc., Clinical Research Solutions, Inc., Kloc's Grove Incorporated, Luke's Catering Service, LLC, O.P.T. Marketing, Inc., Rosebud Stables, LLC. (Attachments: #1 Exhibit Exhibit A to DeMarco Reply Declaration, #2 Exhibit Exhibit B to DeMarco Reply Declaration, #3 Exhibit Exhibit C to DeMarco Reply Declaration, #4 Exhibit Exhibit D to DeMarco Reply Declaration, #5 Exhibit Exhibit E to DeMarco Reply Declaration, #6 Exhibit Exhibit F to DeMarco Reply Declaration, #7 Exhibit Exhibit G to DeMarco Reply Declaration, #8 Exhibit Exhibit H to DeMarco Reply Declaration, #9 Memorandum in Support Memorandum of Law in Further Support of Plaintiffs' Motion for a Preliminary Injunction and in Opposition to Defendants' Motions to Dismiss, #10 Declaration Reply Declaration of Laurie Clark, #11 Exhibit Exhibit A to Clark Reply Declaration, #12 Exhibit Exhibit B to Clark Reply Declaration, #13 Declaration Reply Declaration of Joseph Kloc, #14 Exhibit Exhibit A to Kloc Reply Declaration, #15 Declaration Reply Declaration of Jill Laufer, #16 Exhibit Exhibit A to Reply Declaration of Jill Laufer, #17 Declaration Reply Declaration of Michael Lucarelli, #18 Exhibit Exhibit A to Lucarelli Reply Declaration, #19 Declaration Reply Declaration of Dennis O'Brien, #20 Exhibit Exhibit A to O'Brien Reply Declaration, #21 Declaration Reply Declaration of Charlene Aronson, #22 Exhibit Exhibit A to Aronson Declaration)(DeMarco, Nicholas) |
| Filing 32 TEXT ORDER -- IT HEREBY IS ORDERED, that Plaintiffs' motion for page extension is GRANTED. Plaintiffs' responding memorandum of law shall not exceed 35 pages. SO ORDERED. Issued by William M. Skretny, United States District Judge on 9/1/2020. (JCM) |
| Filing 31 Letter filed by Buffalo Road Catering, Inc., Clinical Research Solutions, Inc., Kloc's Grove Incorporated, Luke's Catering Service, LLC, O.P.T. Marketing, Inc., Rosebud Stables, LLC as to Cattaraugus County Department of Health, Andrew M. Cuomo, Empire State Development Corporation, Letitia A. James, Erie County Department of Health Requesting 35 Pages for Memorandum of Law in Reply to Defendants Opposition and also in Opposition the Defendants motions to dismiss. (DeMarco, Nicholas) |
| Filing 30 NOTICE of Appearance by George Michael Zimmermann on behalf of Andrew M. Cuomo, Empire State Development Corporation, Letitia A. James (Zimmermann, George) |
| E-Filing Notification: Incorrect event used to electronically file document. For future reference, use (MOTION) event. No action required. Document titled as #29 MOTION to Dismiss and RESPONSE in Opposition. (SG) |
| Filing 29 MOTION TO DISMISS and RESPONSE in Opposition re #4 MOTION to Expedite Hearing MOTION for Preliminary Injunction and Cross Motion to Dismiss filed by Andrew M. Cuomo, Empire State Development Corporation, Letitia A. James. (Attachments: #1 Memorandum in Support State Defendants' Memorandum of Law in Opposition to Motion for a Preliminary Injunction and in Support of Cross-Motion to Dismiss, #2 Declaration of Joel J. Terragnoli, #3 Exhibit Terragnoli Decl. Ex. 1, #4 Exhibit Terragnoli Decl. Ex. 2, #5 Exhibit Terragnoli Decl. Ex. 3, #6 Exhibit Terragnoli Decl. Ex. 4, #7 Exhibit Terragnoli Decl. Ex. 5, #8 Exhibit Terragnoli Decl. Ex. 6, #9 Declaration Declaration of Dr. Howard A. Zucker, #10 Exhibit Zucker Decl. Ex. 1, #11 Exhibit Zucker Decl. Ex. 2)(Terragnoli, Joel) Modified on 8/31/2020 (SG). |
| Filing 28 MEMORANDUM IN OPPOSITION re #27 Reply/Response by Cattaraugus County Department of Health. (Roshia, Marylou) |
| Filing 27 REPLY/RESPONSE to re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cattaraugus County Department of Health. (Roshia, Marylou) |
| Filing 26 Minute Entry for proceedings held before Hon. William M. Skretny: Status Conference held on 8/25/2020. Proceeding held via Zoom for Government Video Conference. Parties were informed that recording or broadcast of this proceeding is forbidden. State defendants appear without waiver of any service-related issues. Cattaraugus County Dep't of Health granted permission to join Erie County's motion to dismiss; Catt. County counsel to file one-page document to this effect. Briefing schedule is set for Plaintiffs' motion for preliminary injunction and defendant Erie County Dep't of Health's motion to dismiss: Defendants' response to Plaintiffs' motion and any motions to dismiss due August 28, 2020. Defendants' request for expansion of page limit to 50 pages is granted. Plaintiffs' reply and response to any motions to dismiss due September 1. Defendants' reply due September 3. Appearances by Zoom: for Plaintiffs - Nicholas DeMarco. For NY defendants - George Zimmermann, Joel Terragnoli. For Erie County Dep't of Health - Michelle Parker. For Cattaraugus County Dep't of Health - Marylou Roshia. (Court Reporter Bonnie Weber.) (GSR) |
| Filing 25 MEMORANDUM in Opposition re #4 MOTION to Expedite Hearing MOTION for Preliminary Injunction filed by Erie County Department of Health. (Parker, Michelle) |
| Filing 24 RESPONSE in Opposition re #4 MOTION to Expedite Hearing MOTION for Preliminary Injunction filed by Erie County Department of Health. (Parker, Michelle) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Erie County Department of Health. (Attachments: #1 Declaration, #2 Exhibit 1 - EO 202.3, #3 Exhibit 2 - EO 202.5, #4 Exhibit 3 - EO 202.19, #5 Exhibit 4 - NDNY 8 19 2020, #6 Exhibit 5 - Second Circuit 8 21 2020, #7 Memorandum in Support)(Parker, Michelle) |
| Filing 22 NOTICE of Appearance by Marylou Kathryn Roshia on behalf of Cattaraugus County Department of Health (Roshia, Marylou) |
| Filing 21 NOTICE of Appearance by Michelle M. Parker on behalf of Erie County Department of Health (Parker, Michelle) |
| Filing 20 AFFIDAVIT of Service for Order, dated August 21, 2020 served on Defendant ECDOH on 8/21/2020, filed by Buffalo Road Catering, Inc., Clinical Research Solutions, Inc., Kloc's Grove Incorporated, Luke's Catering Service, LLC, O.P.T. Marketing, Inc., Rosebud Stables, LLC. (DeMarco, Nicholas) |
| Filing 19 AFFIDAVIT of Service for Order, dated August 21, 2020 served on Defendant CCDOH on 8/21/2020, filed by Buffalo Road Catering, Inc., Clinical Research Solutions, Inc., Kloc's Grove Incorporated, Luke's Catering Service, LLC, O.P.T. Marketing, Inc., Rosebud Stables, LLC. (DeMarco, Nicholas) |
| Filing 18 AFFIDAVIT of Service for Order, dated August 21, 2020 Affidavit of Mailing served on Defendant Andrew M. Cuomo on 8/21/2020, filed by Buffalo Road Catering, Inc., Clinical Research Solutions, Inc., Kloc's Grove Incorporated, Luke's Catering Service, LLC, O.P.T. Marketing, Inc., Rosebud Stables, LLC. (DeMarco, Nicholas) |
| Filing 17 AFFIDAVIT of Service for Order, dated August 21, 2020 served on Defendant Letitia James on 8/21/2020, filed by Buffalo Road Catering, Inc., Clinical Research Solutions, Inc., Kloc's Grove Incorporated, Luke's Catering Service, LLC, O.P.T. Marketing, Inc., Rosebud Stables, LLC. (DeMarco, Nicholas) |
| Filing 16 AFFIDAVIT of Service for Order, dated August 21, 2020 served on Defendant Empire State Development Corporation on 8/21/2020, filed by Buffalo Road Catering, Inc., Clinical Research Solutions, Inc., Kloc's Grove Incorporated, Luke's Catering Service, LLC, O.P.T. Marketing, Inc., Rosebud Stables, LLC. (DeMarco, Nicholas) |
| Filing 15 AFFIDAVIT of Service for Order, dated August 21, 2020 served on Defendant Andrew M. Cuomo on 8/21/2020, filed by Buffalo Road Catering, Inc., Clinical Research Solutions, Inc., Kloc's Grove Incorporated, Luke's Catering Service, LLC, O.P.T. Marketing, Inc., Rosebud Stables, LLC. (DeMarco, Nicholas) |
Filing 14
ORDERIT HEREBY IS ORDERED, that counsel for the parties must appear before this Court via the Zoom Government platform on Tuesday, August 25, 2020, at 10:00 a.m. to discuss Plaintiffs' Motion for Preliminary Injunction (Docket No. 4).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, August 21, 2020.FURTHER, that counsel shall contact chambers at 716-551-1824 by 2:00 p.m. on Monday, August 24, 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 8/21/2020. (JCM)
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| Filing 13 AFFIDAVIT of Service for Summons, Verified Complaint, Notice of Motion and Supporting Documents served on Defendant Andrew M. Cuomo on 8/20/2020, filed by Buffalo Road Catering, Inc., Clinical Research Solutions, Inc., Kloc's Grove Incorporated, Luke's Catering Service, LLC, O.P.T. Marketing, Inc., Rosebud Stables, LLC. (DeMarco, Nicholas) |
| Filing 12 AFFIDAVIT of Service for Summons, Verified Complaint, Notice of Motion and Supporting Documents served on Defendant ECDOH on 8/18/2020, filed by Buffalo Road Catering, Inc., Clinical Research Solutions, Inc., Kloc's Grove Incorporated, Luke's Catering Service, LLC, O.P.T. Marketing, Inc., Rosebud Stables, LLC. (DeMarco, Nicholas) |
| Filing 11 AFFIDAVIT of Service for Summons, Verified Complaint, Notice of Motion and Supporting Documents served on Defendant Empire State Development Corporation on 8/19/2020, filed by Buffalo Road Catering, Inc., Clinical Research Solutions, Inc., Kloc's Grove Incorporated, Luke's Catering Service, LLC, O.P.T. Marketing, Inc., Rosebud Stables, LLC. (DeMarco, Nicholas) |
| Filing 10 AFFIDAVIT of Service for Summons, Verified Complaint, Notice of Motion and Supporting Documents served on Defendant CCDOH on 8/17/2020, filed by Buffalo Road Catering, Inc., Clinical Research Solutions, Inc., Kloc's Grove Incorporated, Luke's Catering Service, LLC, O.P.T. Marketing, Inc., Rosebud Stables, LLC. (DeMarco, Nicholas) |
| Filing 9 AFFIDAVIT of Service for Verified Complaint, Notice of Motion and Supporting Documents served on Defendant Letitia James on 8/17/2020, filed by Buffalo Road Catering, Inc., Clinical Research Solutions, Inc., Kloc's Grove Incorporated, Luke's Catering Service, LLC, O.P.T. Marketing, Inc., Rosebud Stables, LLC. (DeMarco, Nicholas) |
| Case reassigned to Hon. William M. Skretny. Hon. Lawrence J. Vilardo no longer assigned to the case. (SG) |
| 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 8/18/2020. (CMD)-CLERK TO FOLLOW UP- |
| Filing 7 Summons Issued as to Andrew M. Cuomo. (SG) |
| Filing 6 Original Summons Filed. (DeMarco, Nicholas) |
| Filing 5 Summons Issued as to Cattaraugus County Department of Health, Empire State Development Corporation, Erie County Department of Health, Letitia A. James. (JD) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(JD) |
| Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (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 4 MOTION to Expedite Hearing, MOTION for Preliminary Injunction by Buffalo Road Catering, Inc., Clinical Research Solutions, Inc., Kloc's Grove Incorporated, Luke's Catering Service, LLC, O.P.T. Marketing, Inc., Rosebud Stables, LLC. (Attachments: #1 Declaration Declaration of Nicholas P. DeMarco, Esq. in support of motion for preliminary injunction, #2 Exhibit Unsworn Declaration of George Delgado, M.D., #3 Proposed Order, #4 Proposed Order, #5 Memorandum in Support Memorandum of Law in Support of Plaintiffs' Motion for a Preliminary Injunction, #6 Declaration Declaration of Laurie Clark, #7 Declaration Declaration of Charlene Aronson, #8 Declaration Declaration of Jill Laufer, #9 Declaration Declaration of Dennis O'Brien, #10 Declaration Declaration of Michael Lucarelli, #11 Declaration Declaration of Joseph Kloc)(DeMarco, Nicholas) |
| Filing 3 NOTICE by Buffalo Road Catering, Inc., Clinical Research Solutions, Inc., Kloc's Grove Incorporated, Luke's Catering Service, LLC, O.P.T. Marketing, Inc., Rosebud Stables, LLC re #1 Complaint,, Civil Cover Sheet (DeMarco, Nicholas) |
| Filing 2 Original Summons Filed. (Attachments: #1 Summons, #2 Summons, #3 Summon, #4 Summons)(DeMarco, Nicholas) |
| Filing 1 COMPLAINT VERIFIED against All Defendants $ 400 receipt number 0209-3937780, filed by Clinical Research Solutions, Inc. d/b/a Notting Hill Farm, Buffalo Road Catering, Inc. d/b/a Avanti Mansion, Kloc's Grove Incorporated, Luke's Catering Service, LLC d/b/a Lucarelli's Banquet Center. (Attachments: #1 Exhibit Bill Jacket for A9953, #2 Exhibit Executive Order 202, #3 Exhibit Executive Orders 202.1 to 202.30, #4 Exhibit Executive Orders 202.31 to 202.56)(DeMarco, Nicholas) |
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