The Diocese of Rochester et al v. U.S. Small Business Administration et al
| The Diocese of Buffalo, N.Y. and The Diocese of Rochester |
| Jovita Corranza and U.S. Small Business Administration |
| 6:2020cv06243 |
| April 15, 2020 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 |
| None |
Docket Report
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This docket was last retrieved on June 10, 2020. A more recent docket listing may be available from PACER.
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| Filing 42 DECISION AND ORDER withdrawing referral to the Bankruptcy Court, granting summary judgment in part to Defendants, and denying #17 Amended Motion for a Preliminary injunction. Signed by Hon. Elizabeth A. Wolford on 06/10/2020. (CDH) |
| Filing 41 Letter filed by Jovita Corranza, U.S. Small Business Administration as to Jovita Corranza, U.S. Small Business Administration regarding the Paycheck Protection Program Flexibility Act. (VanLandingham, Kevin) |
| Filing 40 Letter filed by The Diocese of Buffalo, N.Y., The Diocese of Rochester as to Jovita Corranza, U.S. Small Business Administration relating to the Paycheck Protection Program Flexibility Act of 2020. (Butler, Brian) |
| Filing 39 TEXT ORDER. By no later than June 8, 2020, any party who wishes may file a letter of no more than 5 pages addressing the impact of the Paycheck Protection Flexibility Act of 2020 on the issues pending before the Court. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/05/2020. (CDH). |
| Filing 38 NOTICE by Jovita Corranza, U.S. Small Business Administration (Notice of Recent Authority relevant to Summary Judgment) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(VanLandingham, Kevin) |
| Filing 37 MEMORANDUM/BRIEF re #35 Notice (Other) in Support of Judgment Pursuant to Rule 56(f) by The Diocese of Buffalo, N.Y., The Diocese of Rochester. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Butler, Brian) |
| Filing 36 MEMORANDUM/BRIEF re #35 Notice (Other) (Defendants' Brief in Response to the Court's Notice Under Rule 56(f)(3)) by Jovita Corranza, U.S. Small Business Administration. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(VanLandingham, Kevin) |
| Filing 35 RULE 56(f)(3) NOTICE. Signed by Hon. Elizabeth A. Wolford on 05/22/2020. (CDH) |
| Filing 34 Letter filed by Jovita Corranza, U.S. Small Business Administration as to Jovita Corranza, U.S. Small Business Administration regarding partial summary judgment under Federal Rule 56(f). (VanLandingham, Kevin) |
| Filing 33 Letter filed by The Diocese of Buffalo, N.Y., The Diocese of Rochester as to Jovita Corranza, U.S. Small Business Administration Plaintiffs position regarding partial summary judgment, pursuant to Rule 56(f)(3) of the Federal Rules of Civil Procedure. (Donato, Stephen) |
| Filing 32 Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances by telephone: Stephen A. Donato, Esq. on behalf plaintiffs; Kevin P. VanLandingham, DOJ on behalf of defendants. Continuation of Oral Argument re #17 AMENDED Motion for Preliminary Injunction by The Diocese of Buffalo, N.Y., The Diocese of Rochester held on 5/19/2020 by telephone. Parties are to file additional submissions on the docket by 5/21/2020 regarding issues as discussed on the record. (Court Reporter Karen Clark) (DPS) |
| Filing 31 TEXT ORDER. Oral argument on Plaintiff's amended motion for a preliminary injunction (Dkt. 17) is continued to May 19, 2020, at 2:30 p.m. Oral argument will proceed via telephone. Call-in information can be found in the Court's minute entry for the proceedings held on May 15, 2020. (Dkt. 30). SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 05/15/2020. (CDH) |
| Filing 30 Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances by telephone: Stephen A. Donato, Esq. on behalf plaintiffs; Kevin P. VanLandingham, DOJ on behalf of defendants. Oral Argument re #17 AMENDED Motion for Preliminary Injunction by The Diocese of Buffalo, N.Y., The Diocese of Rochester held on 5/15/2020 by telephone. Continuation of Oral Argument set for 5/19/2020 at 2:30 PM by telephone with Hon. Elizabeth A. Wolford. To access the conference, dial (866) 434-5269 and enter access code 8632566# sufficiently in advance of the conference. (Court Reporter Karen Clark) (DPS) |
| Filing 29 NOTICE by Jovita Corranza, U.S. Small Business Administration (Notice of Declaration in Lieu of Live Testimony) (Attachments: #1 Declaration, #2 Exhibit (Declaration Ex. A), #3 Exhibit (Declaration Ex. B))(VanLandingham, Kevin) |
| Filing 28 TEXT ORDER. Oral Argument set for 5/15/2020 at 2:00 PM is a public telephonic proceeding with Hon. Elizabeth A. Wolford. To access the conference, dial (866) 434-5269 and enter access code 8632566# sufficiently in advance of the conference. Signed by Hon. Elizabeth A. Wolford on 5/14/2020. (DPS) |
| Filing 27 NOTICE by Jovita Corranza, U.S. Small Business Administration (Notice of Recent Authority in Opposition to Preliminary Injunction) (Attachments: #1 Exhibit (Stay Order in Hildago v. Carranza))(VanLandingham, Kevin) |
| Filing 26 REPLY to Response to Motion re #17 MOTION for Preliminary Injunction Reply Memorandum of Law filed by The Diocese of Buffalo, N.Y., The Diocese of Rochester. (Attachments: #1 Declaration of Stephen A. Donato, Esq. in further support of motion for a preliminary injunction)(Butler, Brian) |
| Filing 25 LETTER ORDER granting Plaintiffs' request for leave to file a reply memorandum of law of no more than 20 pages. Signed by Hon. Elizabeth A. Wolford on 05/09/2020. (CDH) |
| Filing 24 MEMORANDUM in Opposition re #17 MOTION for Preliminary Injunction filed by Jovita Corranza, U.S. Small Business Administration. (Attachments: #1 Exhibit (Exhibits 1-7))(VanLandingham, Kevin) |
| E-Filing Notification: Please note for future reference that the proper event is summons returned executed. No action required RE #21 AFFIDAVIT of Service for Summons and Complaint, #20 AFFIDAVIT of Service for Summons and Complaint, #22 AFFIDAVIT of Service for Summons and Complaint, #23 AFFIDAVIT of Service for Summons and Complaint. (TF) |
| RE Docs #20-23 - SUMMONS Returned Executed by The Diocese of Rochester, The Diocese of Buffalo, N.Y.. Jovita Corranza and U.S. Small Business Administration served on 4/16/2020, (TF) |
| Filing 23 AFFIDAVIT of Service for Summons and Complaint and supporting documents served on Jovita Corranza on 4/16/20, filed by The Diocese of Buffalo, N.Y., The Diocese of Rochester. (Butler, Brian) |
| Filing 22 AFFIDAVIT of Service for Summons and Complaint and supporting documents served on Attorney General of the United States on 4/16/20, filed by The Diocese of Buffalo, N.Y., The Diocese of Rochester. (Butler, Brian) |
| Filing 21 AFFIDAVIT of Service for Summons and Complaint and supporting documents served on Civil Process Clerk on 4/16/20, filed by The Diocese of Buffalo, N.Y., The Diocese of Rochester. (Butler, Brian) |
| Filing 20 AFFIDAVIT of Service for Summons and Complaint and supporting documents served on James P. Kennedy, Jr. on 4/16/30, filed by The Diocese of Buffalo, N.Y., The Diocese of Rochester. (Butler, Brian) |
| Filing 19 Letter filed by The Diocese of Buffalo, N.Y., The Diocese of Rochester as to Jovita Corranza, U.S. Small Business Administration . (Butler, Brian) |
| Filing 18 MEMORANDUM IN SUPPORT re #17 MOTION for Preliminary Injunction Corrected Amended Memorandum of Law in Support of Motion for Preliminary Injunction byThe Diocese of Buffalo, N.Y., The Diocese of Rochester. (Butler, Brian) |
| E-Filing Notification: Incorrect relief chosen, Clerk to modify entry. No action required re #17 Amended MOTION for Preliminary Injunction (TF) |
| Filing 17 AMENDED Motion for Preliminary Injunction by The Diocese of Buffalo, N.Y., The Diocese of Rochester. (Attachments: #1 Declaration Mendelora, #2 Declaration Passero, #3 Declaration Butler, #4 Exhibit Ex 1, #5 Exhibit Ex 2, #6 Exhibit Ex 3, #7 Exhibit Ex 4, #8 Memorandum in Support)(Butler, Brian) Modified on 4/28/2020 (TF). |
Filing 16
STIPULATION AND ORDER. Plaintiffs will file their amended motion for a preliminary injunction on or before April 27, 2020. Opposition papers due by May 8, 2020. Replies due by May 11, 2020. Oral Argument set for May 15, 2020, at 2:00 PM before Hon. Elizabeth A. Wolford. Signed by Hon. Elizabeth A. Wolford on 04/24/2020. (CDH)
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| Filing 15 Letter filed by The Diocese of Buffalo, N.Y., The Diocese of Rochester as to Jovita Corranza, U.S. Small Business Administration requesting the entry of a stipulated motion scheduling order. (Attachments: #1 Exhibit Stipulated Motion For Scheduling Order)(Butler, Brian) |
| Filing 14 TEXT ORDER. Oral Argument set for 4/29/2020 at 10:00 AM is a public telephonic proceeding with Hon. Elizabeth A. Wolford. To access the conference, dial (866) 434-5269 and enter access code 8632566# sufficiently in advance of the conference. Signed by Hon. Elizabeth A. Wolford on 4/23/2020. (DPS) |
| Filing 13 NOTICE of Appearance by Kevin D. Robinson on behalf of Jovita Corranza, U.S. Small Business Administration (Robinson, Kevin) |
| Filing 12 NOTICE of Appearance by Kathryn L. Smith on behalf of All Defendants (Smith, Kathryn) |
| Filing 11 NOTICE of Appearance by Kevin Paul VanLandingham on behalf of Jovita Corranza, U.S. Small Business Administration (VanLandingham, Kevin) |
| Filing 10 AMENDED COMPLAINT against Jovita Corranza, U.S. Small Business Administration, filed by The Diocese of Rochester, The Diocese of Buffalo, N.Y.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Butler, Brian) |
| Filing 9 AFFIDAVIT of Service for Summons and Complaint, Preliminary Injunction Motion, Expedited Hearing Motion served on Jovita Corranza on 4/16/20, filed by The Diocese of Buffalo, N.Y., The Diocese of Rochester. (Butler, Brian) |
| Filing 8 CERTIFICATE OF SERVICE by The Diocese of Buffalo, N.Y., The Diocese of Rochester re #2 MOTION for Preliminary Injunction , #1 Complaint, #4 Summons Issued as to USA, #6 Order,,, Scheduling Order,,, Terminate Motions,,, Set Hearings,, #3 MOTION to Expedite (Butler, Brian) |
| Filing 7 NOTICE of Appearance by Charles J. Sullivan on behalf of All Plaintiffs (Sullivan, Charles) |
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Filing 6
ORDER granting #3 MOTION to Expedite. Responses to #2 Motion for Preliminary injunction due by 04/24/2020. Replies due by 04/27/2020. Telephonic oral argument set for 04/29/2020 at 10:00 a.m., call-in instructions to be provided to counsel. Plaintiffs to arrange for service as set forth in Order by the close of business on 04/16/2020. (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.). Signed by Hon. Elizabeth A. Wolford on 04/16/2020. (CDH)
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| Filing 5 NOTICE of Appearance by Stephen A. Donato on behalf of All Plaintiffs (Donato, Stephen) |
| Filing 4 Summons Issued as to Jovita Corranza and U.S. Small Business Administration. (CGJ) |
| Case assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (CGJ) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ) |
| 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) |
| Filing 3 MOTION to Expedite by The Diocese of Buffalo, N.Y., The Diocese of Rochester. (Attachments: #1 Text of Proposed Order, #2 Declaration, #3 Exhibit Ex 1 to Declaration)(Butler, Brian) |
| Filing 2 MOTION for Preliminary Injunction by The Diocese of Buffalo, N.Y., The Diocese of Rochester. (Attachments: #1 Declaration Butler Declaration, #2 Exhibit Ex 1 to Butler Decl, #3 Exhibit Ex 2 to Butler Decl, #4 Exhibit Ex 3 to Butler Decl, #5 Declaration Mendolera Decl, #6 Exhibit Ex A to Mendolera Decl, #7 Declaration Passero Decl, #8 Exhibit Ex A to Passero Decl, #9 Memorandum in Support)(Butler, Brian) |
| Filing 1 COMPLAINT against All Defendants $ 400 receipt number 0209-3801662, filed by The Diocese of Rochester, The Diocese of Buffalo, N.Y.. (Attachments: #1 Exhibit Ex A to Complaint, #2 Exhibit Ex B to Complaint, #3 Civil Cover Sheet, #4 Summons, #5 Summons)(Butler, Brian) |
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