Hund v. Cuomo et al
| Michael Hund |
| Mr. Andrew M. Cuomo, Chairman Vincent G Bradley, Vincent G Bradley and Governor Andrew M. Cuomo |
| 1:2020cv01176 |
| August 31, 2020 |
| US District Court for the Western District of New York |
| John L Sinatra |
| Constitutional - State Statute |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on November 13, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 REPLY to Response to Motion re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Vincent G Bradley, Andrew M. Cuomo. (Attachments: #1 declaration of Joel J. Terragnoli)(Zimmermann, George) |
| Filing 24 TEXT ORDER. In email communications to the Court, counsel for both parties jointly requested to adjourn Defendants' deadline to reply in further support of their 12 motion to dismiss and the oral argument currently scheduled for 10/29/2020. The Court grants that request. Defendants shall file a reply in further support of their motion to dismiss by 10/30/2020. Oral argument on Plaintiff's motion for preliminary injunction and Defendants' motion to dismiss is re-set for 11/3/2020, at 3:30 PM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. John L. Sinatra, Jr. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 10/23/2020. (KEF) |
| Filing 23 MEMORANDUM in Opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM CORRECTED VERSION filed by Michael Hund. (Attachments: #1 Declaration CORRECTED VERSION)(Speroni, Peter) |
| Filing 22 MEMORANDUM in Opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael Hund. (Attachments: #1 Declaration CORRECTED VERSION)(Speroni, Peter) |
| Filing 21 MEMORANDUM in Opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael Hund. (Attachments: #1 Declaration Attorney Affirmation)(Speroni, Peter) |
| Filing 20 DECLARATION signed by Elizabeth M. Dufort re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #14 Memorandum in Opposition to Motion, filed by Vincent G Bradley, Andrew M. Cuomo Amended Declaration. (Zimmermann, George) |
| Filing 19 TEXT ORDER re #18 letter request for extension of time. For the reasons set forth in Dkt. 18, the Court grants Defendants' request to extend filing deadlines. Defendants shall file an amended declaration by 10/13/2020. Plaintiff shall file a response related to the motion to dismiss and preliminary injunction motion by 10/20/2020. Defendants shall file a reply in further support of their motion to dismiss by 10/27/2020. The Court denies the request to adjourn oral argument, and oral argument remains scheduled for 10/29/2020, at 10:00 AM. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 10/6/2020. (KEF) |
| Filing 18 Letter filed by Andrew M. Cuomo, Vincent G Bradley as to Andrew M. Cuomo, Vincent G Bradley requesting an extension of filing deadlines. (Zimmermann, George) |
| Filing 17 TEXT ORDER re #16 Motion for Extension of Time. For the reasons set forth in Dkt. 16, the Court grants Plaintiff's unopposed motion for an extension of time. Plaintiff's response is due by 10/13/2020. Defendants' reply is due by 10/20/2020. Oral Argument is re-set to 10/29/2020, at 10:00 AM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. John L. Sinatra, Jr. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 10/5/2020. (KEF) |
| Filing 16 First MOTION for Extension of Time to File Response/Reply as to #11 Letter, #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #14 Memorandum in Opposition to Motion, by Michael Hund.(Speroni, Peter) |
| Filing 15 TEXT ORDER. The Court notes an apparent inconsistency between the exhibits listed in Dr. Dufort's declaration (Dkt. 13-2) and those attached to the declaration. As a result, the Court asks Defendants to review Dkt. 13-2 and, if necessary, file an amended submission by 10/6/2020. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 10/2/2020. (KEF) |
| Filing 14 MEMORANDUM in Opposition re #7 First MOTION for Preliminary Injunction MOTION to Expedite MOTION for Temporary Restraining Order filed by Vincent G Bradley, Andrew M. Cuomo. (Attachments: #1 declaration of Elizabeth M. Dufort)(Zimmermann, George) |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Vincent G Bradley, Andrew M. Cuomo. (Attachments: #1 Memorandum in Support, #2 declaration of Elizabeth M. Dufort)(Zimmermann, George) |
| Filing 12 TEXT ORDER re #11 Defendants' Letter Request for Page Limitation Enlargement: For the reasons stated in Dkt. 11, the Court grants Defendants' request for an enlargement of the page limitation that applies to their memorandum in opposition to the preliminary injunction motion and in support of their motion to dismiss. Defendants may submit a memorandum of up to 35 pages in opposition to Plaintiff's motion and in support of their motion. Plaintiff may submit a memorandum of up to 35 pages in opposition to Defendants' motion to dismiss and in further support of his motion for preliminary injunction. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/25/2020. (KEF) |
| Filing 11 Letter filed by Andrew M. Cuomo, Vincent G Bradley as to Andrew M. Cuomo, Vincent G Bradley to request an enlargement of page limits consistent with Local Rule 7(a)(2)(C). (Zimmermann, George) |
| Filing 10 Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Status Conference held on 9/23/2020 re #7 Motion for Preliminary Injunction by Michael Hund. Court inquires about service on Defendants and sets briefing schedule to address both Plaintiff's motion and Defendants' anticipated cross-motion to dismiss. Defendants' preliminary injunction response and cross-motion to dismiss due by 9/30/2020. Plaintiff's preliminary injunction reply and motion to dismiss response due by 10/7/2020. Defendants' motion to dismiss reply due by 10/13/2020. Oral Argument on both motions is set for 10/15/2020 at 2:00 PM in US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. John L. Sinatra, Jr. Appearances. For plaintiff: Peter Jay Speroni. For defendant: George Michael Zimmerman. (Court Reporter Ann Sawyer) (KLH) |
| E-Filing Notification: Incorrect event used to electronically file document. For future reference, use (Memorandum in Support) event. No action required. #9 MEMORANDUM IN SUPPORT of MOTION for Preliminary Injunction . Document terminated as a motion. (SG) |
| Filing 9 MEMORANDUM by Michael Hund. (Attachments: #1 Exhibit Complaint Exhibit A, #2 Exhibit SLA Guidelines Exhibit B, #3 Text of Proposed Order Proposed Order Exhibit C, #4 Affidavit Attorney Affirmation in Support)(Speroni, Peter) Modified on 9/18/2020 to correct title and terminate as a motion (SG). |
| Filing 8 TEXT ORDER. The Court grants Plaintiff's [7-1] motion for expedited hearing of his motion for interim injunctive relief as follows. Plaintiff shall serve Defendants with the complaint and all motion papers by 9/22/2020. The parties shall appear for a status conference to discuss and set a briefing schedule on Plaintiff's motion for preliminary injunction on 9/23/2020, at 2:00 PM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. John L. Sinatra, Jr. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/17/2020. (KEF) |
| E-Filing Notification: Added additional reliefs to the #7 First MOTION for Preliminary Injunction Added: MOTION to Expedite and MOTION for Temporary Restraining Order (SG) |
| Filing 7 First MOTION for Preliminary Injunction by Michael Hund. (Attachments: #1 Supplement Motion for Expedited Hearing, #2 Supplement Motion for Hearing)(Speroni, Peter). Added MOTION to Expedite, MOTION for Temporary Restraining Order on 9/17/2020 (SG). |
| Filing 6 Summons Issued as to Vincent G Bradley, Andrew M. Cuomo. (Attachments: #1 Summons)(SG) |
| Case reassigned to Hon. John L. Sinatra, Jr.. Hon. Lawrence J. Vilardo no longer assigned to the case. (SG) |
| Filing 5 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 4 Original Summons Filed. (Speroni, Peter) |
| Filing 3 Original Summons Filed. (Speroni, Peter) |
| E-Filing Notification: Please resubmit and individual summons for each defendant. #2 Original Summons Filed. (Speroni, Peter) (SG) |
| Filing 2 Original Summons Filed. (Speroni, Peter) |
| 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) |
| Remark: Original summons not submitted. (JD) |
| Filing 1 COMPLAINT against All Defendants $ 400 receipt number 0209-3956687, filed by Andrew M. Cuomo, Vincent G Bradley. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet - Plaintiff MIchael Hund)(Speroni, Peter) |
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