New York State Vegetable Growers Association Inc. et al v. Hochul et al
| New York State Vegetable Growers Association Inc., A & J Kirby Farms, LLc, Porpiglia Farms, Inc, Crist Bros Orchards, Inc, Cahoon Farms, Inc and Lynn-Ette & Sons Inc. |
| Kathleen Hochul, Letitia James, John Wirenius, Sarah G Coleman and Mariam Manichaikul |
| 1:2023cv01044 |
| October 2, 2023 |
| US District Court for the Western District of New York |
| John L Sinatra |
| Elizabeth A Wolford |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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This docket was last retrieved on February 21, 2024. A more recent docket listing may be available from PACER.
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Filing 27
TEXT ORDER re #25 the parties' letter request regarding the preliminary injunction scheduling order and #26 Defendants' Motion for Extension of Time to Respond to the Complaint. The Court GRANTS the parties' request to extend the dates in the scheduling order regarding Plaintiffs' motion for preliminary injunction as follows: Defendants shall respond to Plaintiffs' motion for a preliminary injunction by 12/15/2023. Plaintiffs' reply, if any, is due by 1/5/2024. The preliminary injunction hearing is re-set for 1/19/2024, at 9:30 AM in Chautauqua Courtroom, 8th Floor East, 2 Niagara Square, Buffalo, NY before Hon. John L. Sinatra, Jr. Pursuant to the parties' agreement, the stipulation described at Dkt. 22 remains in effect, notwithstanding the above-described changes to the scheduling order.The Court also GRANTS the parties' request for increased page limits on their upcoming briefing on Plaintiffs' motion for a preliminary injunction. Defendants may file an opposition brief of up to 40 pages. Plaintiffs may file a reply brief of up to 25 pages. Finally, the Court GRANTS Defendants' motion for an extension of time to respond to the complaint. Defendants shall answer or otherwise respond to the complaint by 1/26/2024. The Court will set any additional deadlines related to Defendants' response to the complaint after it is filed. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 11/14/2023. (KEF)
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Filing 26
MOTION for Extension of Time to File Response to Complaint by Sarah G Coleman, Kathleen Hochul, Letitia James, Mariam Manichaikul, John Wirenius.(Sanchez Godinez, Anielka)
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Filing 25
Letter filed by A & J Kirby Farms, LLc, Cahoon Farms, Inc, Crist Bros Orchards, Inc, Lynn-Ette & Sons Inc., New York State Vegetable Growers Association Inc., Porpiglia Farms, Inc as to Mariam Manichaikul, Kathleen Hochul, John Wirenius, Letitia James, Sarah G Coleman Regarding a Modification of the Scheduling Order. (Viau, Joshua)
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Filing 24
NOTICE of Appearance by Anielka D. Sanchez Godinez on behalf of All Defendants (Sanchez Godinez, Anielka)
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Filing 23
SCHEDULING ORDER. Defendants shall answer or otherwise file all papers in response to the #1 Complaint and Motion for Temporary Restraining Order and Preliminary Injunction by 11/20/2023. Plaintiffs' reply due 12/11/2023. A Preliminary Injunction Hearing is scheduled for 12/28/2023 at 9:30 AM. Signed by Hon. John L. Sinatra, Jr. on 10/6/2023. (KLH) Please note: This docket entry does not contain every detail of this order. It is your responsibility to read and download the pdf of this document for future reference.
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Filing 22
STIPULATION and Joint Proposed Scheduling Order by A & J Kirby Farms, LLc, Cahoon Farms, Inc, Crist Bros Orchards, Inc, Lynn-Ette & Sons Inc., New York State Vegetable Growers Association Inc., Porpiglia Farms, Inc. (Allen, Scott)
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Filing 21
TEXT ORDER granting #20 unopposed Request for Extension of Time. The parties shall submit a proposed briefing schedule by end of day on 10/6/2023. If the parties are unable to reach agreement, the Court will issue a briefing schedule. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 10/5/2023. (NAK)
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Filing 20
Letter filed by A & J Kirby Farms, LLc, Cahoon Farms, Inc, Crist Bros Orchards, Inc, Lynn-Ette & Sons Inc., New York State Vegetable Growers Association Inc., Porpiglia Farms, Inc as to Mariam Manichaikul, Kathleen Hochul, John Wirenius, Letitia James, Sarah G Coleman concerning status after the preliminary scheduling conference. (Allen, Scott)
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Filing 19
Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Status Conference held on 10/4/2023 re Plaintiffs' #2 Motion for Temporary Restraining Order and Preliminary Injunction. Court recommends briefing to be followed by a preliminary injunction hearing. Parties to confer for the purpose of working out a briefing schedule. Status report due by end of day on 10/4/2023. If parties are unable to reach agreement as to a schedule, the Court will issue a schedule. Appearances. For Plaintiffs: Scott Allen and Joshua Viau (by teleconference). For Defendants: Michael J. Russo and Karen Cacace (by teleconference). For New York State Public Employment Relations Board: Michael Fois (by teleconference). (Court Reporter Bonnie Weber) (KLH)
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Filing 18
Letter filed by A & J Kirby Farms, LLc, Cahoon Farms, Inc, Crist Bros Orchards, Inc, Lynn-Ette & Sons Inc., New York State Vegetable Growers Association Inc., Porpiglia Farms, Inc as to Mariam Manichaikul, Kathleen Hochul, John Wirenius, Letitia James, Sarah G Coleman concerning status after the preliminary scheduling conference. (Allen, Scott)
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Filing 17
AFFIDAVIT of Service for Proof of Service of Complaint, the Motion for TRO, and a copy of text Order served on Mariam Manichaikul, PERB on 10/03/2023, filed by A & J Kirby Farms, LLc, Cahoon Farms, Inc, Crist Bros Orchards, Inc, Lynn-Ette & Sons Inc., New York State Vegetable Growers Association Inc., Porpiglia Farms, Inc. (Allen, Scott)
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Filing 16
AFFIDAVIT of Service for Proof of Service of Complaint, the Motion for TRO, and a copy of text Order served on Sara G. Coleman, PERB on 10/03/2023, filed by A & J Kirby Farms, LLc, Cahoon Farms, Inc, Crist Bros Orchards, Inc, Lynn-Ette & Sons Inc., New York State Vegetable Growers Association Inc., Porpiglia Farms, Inc. (Allen, Scott)
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Filing 15
AFFIDAVIT of Service for Proof of Service of Complaint, the Motion for TRO, and a copy of text Order served on John Wirenius, PERB on 10/03/2023, filed by A & J Kirby Farms, LLc, Cahoon Farms, Inc, Crist Bros Orchards, Inc, Lynn-Ette & Sons Inc., New York State Vegetable Growers Association Inc., Porpiglia Farms, Inc. (Allen, Scott)
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Filing 14
AFFIDAVIT of Service for Proof of Service of Complaint, the Motion for TRO, and a copy of text Order served on Letitia James, Attorney General on 10/03/2023, filed by A & J Kirby Farms, LLc, Cahoon Farms, Inc, Crist Bros Orchards, Inc, Lynn-Ette & Sons Inc., New York State Vegetable Growers Association Inc., Porpiglia Farms, Inc. (Allen, Scott)
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Filing 13
AFFIDAVIT of Service for Proof of Service of Complaint, the Motion for TRO, and a copy of text Order served on Kathleen Hochul, Governor of NYSS on 10/03/2023, filed by A & J Kirby Farms, LLc, Cahoon Farms, Inc, Crist Bros Orchards, Inc, Lynn-Ette & Sons Inc., New York State Vegetable Growers Association Inc., Porpiglia Farms, Inc. (Allen, Scott)
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Filing 12
AFFIDAVIT of Service for Complaint and all Supporting Exhibits, Motion for TRO, Motion for expedited hearing, Text Order Re Scheduling Conference served on Office of Attorney General, Buffalo Office on 10/03/2023, filed by A & J Kirby Farms, LLc, Cahoon Farms, Inc, Crist Bros Orchards, Inc, Lynn-Ette & Sons Inc., New York State Vegetable Growers Association Inc., Porpiglia Farms, Inc. (Allen, Scott)
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Filing 11
TEXT ORDER granting, in part, Plaintiffs' #3 Motion to Expedite, as follows. Plaintiffs shall serve the complaint (Dkt. 1), the motion for temporary restraining order (Dkt. 2), and a copy of this text order on Defendants by 10/3/2023. Plaintiffs shall ensure that Defendants receive notice by also sending these documents, via email, to known counsel for Defendants. Plaintiffs shall file proof of service. Counsel for Plaintiffs and Defendants shall appear for a scheduling conference on 10/4/2023, at 9:00 AM before Hon. John L. Sinatra, Jr. Counsel may appear by teleconference. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 10/3/2023. (KEF) Modified on 10/3/2023 to clarify the scheduling conference will be held in open court, but counsel may appear by telephone. (KLH)
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Filing 10
TEXT ORDER granting #5 motion to appear pro hac vice for Joshua Viau; granting #6 motion to appear pro hac vice for Boris Gautier. Issued by Hon. John L. Sinatra, Jr. on 10/3/2023. (KLH)Clerk to Follow up
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E-Filing Notification re 11 TEXT ORDER: Entry modified on 10/3/2023 to clarify the scheduling conference will be held in open court, but counsel may appear by telephone. (KLH)
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Case reassigned to Hon. John L. Sinatra, Jr., Hon. Elizabeth A. Wolford no longer assigned to the case. (LB)
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Filing 9
TEXT ORDER vacating the Court's 8 Text Order. The Clerk of Court shall assign this case back to the undersigned. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 10/2/2023. (KLH)
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Filing 8
TEXT ORDER directing the Clerk of Court to reassign this matter to another District Judge. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 10/2/2023. (KLH)
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Filing 7
Corporate Disclosure Statement by A & J Kirby Farms, LLc, Cahoon Farms, Inc, Crist Bros Orchards, Inc, Lynn-Ette & Sons Inc., New York State Vegetable Growers Association Inc., Porpiglia Farms, Inc. (Allen, Scott)
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Filing 6
MOTION to appear pro hac vice for Boris Gautier ( Filing fee $ 200 receipt number ANYWDC-4990296.) by A & J Kirby Farms, LLc, Cahoon Farms, Inc, Crist Bros Orchards, Inc, Lynn-Ette & Sons Inc., New York State Vegetable Growers Association Inc., Porpiglia Farms, Inc. (Attachments: #1 Declaration, #2 Exhibit Documents Required Under Local Rule 83.1, #3 Exhibit Certificate of Good Standing)(Allen, Scott)
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Filing 5
MOTION to appear pro hac vice for Joshua Viau ( Filing fee $ 200 receipt number ANYWDC-4990277.) by A & J Kirby Farms, LLc, Cahoon Farms, Inc, Crist Bros Orchards, Inc, Lynn-Ette & Sons Inc., New York State Vegetable Growers Association Inc., Porpiglia Farms, Inc. (Attachments: #1 Declaration, #2 Exhibit Documents Required Under Local Rule 83.1, #3 Exhibit Certificate of Good Standing, #4 Text of Proposed Order)(Allen, Scott)
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Filing 4
Summons Issued as to Sarah G Coleman, Kathleen Hochul, Letitia James, Mariam Manichaikul, John Wirenius. (TMK)
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Filing 3
MOTION to Expedite TRO Hearing by A & J Kirby Farms, LLc, Cahoon Farms, Inc, Crist Bros Orchards, Inc, Lynn-Ette & Sons Inc., New York State Vegetable Growers Association Inc., Porpiglia Farms, Inc. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Allen, Scott)
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Filing 2
MOTION for Temporary Restraining Order and Preliminary Injunction by A & J Kirby Farms, LLc, Cahoon Farms, Inc, Crist Bros Orchards, Inc, Lynn-Ette & Sons Inc., New York State Vegetable Growers Association Inc., Porpiglia Farms, Inc. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Allen, Scott)
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Filing 1
COMPLAINT for Injunctive, Declaratory, and Other Relief against All Defendants $ 402 receipt number ANYWDC-4990067, filed by Lynn-Ette & Sons Inc., Porpiglia Farms, Inc, A & J Kirby Farms, LLc, Crist Bros Orchards, Inc, New York State Vegetable Growers Association Inc., Cahoon Farms, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #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 Civil Cover Sheet, #23 Summons, #24 Summons, #25 Summons, #26 Summons, #27 Summons, #28 Summons, #29 Summons)(Allen, Scott) Modified on 10/2/2023 (TMK).
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Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK)
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AUTOMATIC REFERRAL to Mediation: the ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
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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. (TMK)
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Case Reassigned to Hon. Elizabeth A. Wolford. Hon. John L. Sinatra, Jr. no longer assigned to the case. Notification to Chambers of on-line civil case opening. (TMK)
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E-Filing Notification: re #1 COMPLAINT for Injunctive, Declaratory, and Other Relief against All Defendants - Fixed Docket Text. (TMK)
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