Cayuga Nation v. Diebold et al
Plaintiff: Cayuga Nation
Defendant: Charles Diebold, Curt Lawrence, Amy Nuckolls, Hoyit Bacon, Tonya Blackfox, Kim Guyett, Cynthia Donahue Bauer, Mr. Dustin Parker, Warren Johns and Dustin Parker
Case Number: 6:2021cv06630
Filed: October 7, 2021
Court: US District Court for the Western District of New York
Presiding Judge: Charles J Siragusa
Nature of Suit: Other Statutory Actions
Cause of Action: 25 U.S.C. ยง 640
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 8, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 3, 2021 Opinion or Order Filing 24 REPLY to Response to Motion re #16 Second MOTION for Temporary Restraining Order Second MOTION for Preliminary Injunction Second MOTION to Expedite filed by Cayuga Nation. (Burch, David)
December 3, 2021 Opinion or Order Filing 23 MOTION for Leave to File Excess Pages with regard to Reply Memorandum of Law by Cayuga Nation.(Burch, David)
December 3, 2021 Opinion or Order Filing 22 First MOTION to appear pro hac vice ( Filing fee $ 200 receipt number 0209-4434249.) by Cayuga Nation.(Burch, David)
December 3, 2021 Opinion or Order Filing 21 TEXT ORDER re #16 Second MOTION for Temporary Restraining Order Second MOTION for Preliminary Injunction Second MOTION to Expedite filed by Cayuga Nation. It is hereby ORDERED that oral argument on Plaintiff's motion for preliminary injunctive relief (ECF No. 16) will be heard on Monday, December 6, 2021, at 11:30 a.m. at United States Courthouse, 100 State Street, Rochester, New York 14614. So Ordered( Motion Hearing set for 12/6/2021 11:30 AM before Hon. Charles J. Siragusa.). Signed by Hon. Charles J. Siragusa on 12/3/21. (KAP)
December 3, 2021 Opinion or Order E-Filing Notification: #18 MEMORANDUM and #19 DECLARATION modified docket text to reflect correct filing parties. (RE)
December 2, 2021 Opinion or Order Filing 20 SUMMONS Returned Executed by Cayuga Nation. Dustin Parker served on 11/30/2021, answer due 12/21/2021. (Burch, David)
December 2, 2021 Opinion or Order Filing 19 DECLARATION signed by Charles Diebold re #16 Second MOTION for Temporary Restraining Order Second MOTION for Preliminary Injunction Second MOTION to Expedite filed by Tonya Blackfox, Curt Lawrence, Kim Guyett,Charles Diebold, Cynthia Donahue Bauer, Amy Nuckolls, Hoyit Bacon in Opposition to Plaintiff's Renewed Motion for a Temporary Restraining Order and Preliminary Injunction filed by Tonya Blackfox, Curt Lawrence, Kim Guyett, Charles Diebold, Cynthia Donahue Bauer, Amy Nuckolls, Hoyit Bacon. (McNamara, David) Modified on 12/3/2021 (RE).
December 2, 2021 Opinion or Order Filing 18 MEMORANDUM in Opposition re #16 Second MOTION for Temporary Restraining Order Second MOTION for Preliminary Injunction Second MOTION to Expedite filed by Hoyit Bacon, Tonya Blackfox, Charles Diebold, Cynthia Donahue Bauer, Kim Guyett, Curt Lawrence, Amy Nuckolls. (McNamara, David) Modified on 12/3/2021 (RE).
December 1, 2021 Opinion or Order Filing 17 DECLARATION re #16 Second MOTION for Temporary Restraining Order Second MOTION for Preliminary Injunction Second MOTION to Expedite filed by Cayuga Nation Supplemental Declaration of David Miller in further support of Motion filed by Cayuga Nation. (Burch, David)
November 26, 2021 Opinion or Order Filing 16 Second MOTION for Temporary Restraining Order , Second MOTION for Preliminary Injunction , Second MOTION to Expedite by Cayuga Nation. (Attachments: #1 Declaration DeBruin, #2 Declaration Burch, #3 Declaration Halftown, #4 Declaration Radford, #5 Memorandum in Support, #6 Witness and Exhibit List, #7 Text of Proposed Order)(Burch, David)
November 24, 2021 Opinion or Order Filing 15 NOTICE of Appearance by Joshua Scott Glasgow on behalf of Hoyit Bacon, Tonya Blackfox, Charles Diebold, Cynthia Donahue Bauer, Kim Guyett, Curt Lawrence, Amy Nuckolls (Glasgow, Joshua)
November 24, 2021 Opinion or Order Filing 14 NOTICE of Appearance by David J. McNamara on behalf of Hoyit Bacon, Tonya Blackfox, Charles Diebold, Cynthia Donahue Bauer, Kim Guyett, Curt Lawrence, Amy Nuckolls (McNamara, David)
November 24, 2021 Opinion or Order Filing 13 TEXT ORDER denying #12 Motion for Temporary Restraining Order and Preliminary Injunction. Plaintiff failed to comply with the following: 1) L.R. Civ. P. 65 (a)(4) requiring a list of witnesses and exhibits to be presented at the preliminary injunction hearing and a brief summary of the anticipated testimony of such witnesses; 2) Fed. R. Civ. P. 65b) (1) (B) requiring that the movant's attorney certify in writing any efforts made to give notice and the reasons why it should not be required; 3) L.R. Civ. P. 65 (b) which directs that an ex parte TRO is available only in extraordinary circumstances, and cautions that in most cases, the Court will require both notice to the adverse party and an opportunity to be heard before granting the TRO; 4) According to Plaintiff's Notice of Motion, it is seeking a TRO pursuant to L.R. Civ. P. 65 (b)(2), which pertains to an application for a TRO on notice. Plaintiff's application, however, contains no reference to notice; and 5) The subject complaint was file October 7, 2021. In that regard, it is well established that a court "must consider a plaintiff's delay in seeking relief when analyzing whether the plaintiff will suffer irreparable harm in the absence of relief." Ingber v. N.Y.C. Dep't of Educ., 2014 WL 2575780, at *2 (S.D.N.Y. June 9, 2014). The Second Circuit has observed that, "[p]reliminary injunctions are generally granted under the theory that there is an urgent need for speedy action to protect the plaintiffs' rights. Delay in seeking enforcement of those rights, however, tends to indicate at least a reduced need for such drastic, speedy action." Citibank N.A. v. Citytrust, 756 F.2d 273, 276 (2d Cir. 1985). A party's "failure to act sooner undercuts the sense of urgency that ordinarily accompanies a motion for preliminary relief and suggests that there is, in fact, no irreparable injury." Id. at 277. Thus, delay, "standing alone," may "preclude the granting of preliminary injunctive relief" because it "suggests that there is, in fact, no irreparable injury." Tough Traveler, Ltd. v. Outbound Prods., 60 F.3d 964, 968 (2d Cir. 1995). The Court, of course, recognizes that where a movant provides a credible explanation for its inactivity, delays may be excused. Gidatex, S.R.L. v. Campaniello Imports, Ltd., 13 F.Supp.2d 417, 419 (S.D.N.Y.1998); Tom Doherty Assocs., Inc. v. Saban Entm't, Inc., 60 F.3d 27, 39 (2d Cir.1995). Plaintiff's papers provide no explanation for the 47 day delay in making the subject application. Signed by Hon. Charles J. Siragusa on 11/24/21. (KAP)
November 23, 2021 Opinion or Order Filing 12 First MOTION for Temporary Restraining Order by Cayuga Nation. (Attachments: #1 Declaration Halftown Declaration, #2 Declaration Radford Declaration, #3 Memorandum in Support Memorandum of Law, #4 Exhibit Memo Exhibit A, #5 Exhibit Memo Exhibit B, #6 Exhibit Memo Exhibit C, #7 Text of Proposed Order Proposed Order)(Burch, David)
November 23, 2021 Opinion or Order Filing 11 SUMMONS Returned Executed by Cayuga Nation. Warren Johns served on 11/17/2021, answer due 12/8/2021. (Burch, David)
November 23, 2021 Opinion or Order Filing 10 AFFIDAVIT of Service for Summons served on Warren Johns on 11/17/2021, filed by Cayuga Nation. (Burch, David)
November 23, 2021 Opinion or Order E-Filing Notification re #10 AFFIDAVIT of Service for Summons (Burch, David). Incorrect event used to electronically file document. For future reference, use Summons Returned Executed event. Action required: re-file in proper format to include first page with case number and caption. (RE)
October 27, 2021 Opinion or Order Filing 9 WAIVER OF SERVICE Returned Executed by Cayuga Nation. Tonya Blackfox waiver sent on 10/25/2021, answer due 12/27/2021. (Burch, David)
October 27, 2021 Opinion or Order Filing 8 WAIVER OF SERVICE Returned Executed by Cayuga Nation. Kim Guyett waiver sent on 10/25/2021, answer due 12/27/2021. (Burch, David)
October 27, 2021 Opinion or Order Filing 7 WAIVER OF SERVICE Returned Executed by Cayuga Nation. Hoyit Bacon waiver sent on 10/25/2021, answer due 12/27/2021. (Burch, David)
October 27, 2021 Opinion or Order Filing 6 WAIVER OF SERVICE Returned Executed by Cayuga Nation. Cynthia Donahue Bauer waiver sent on 10/25/2021, answer due 12/27/2021. (Burch, David)
October 27, 2021 Opinion or Order Filing 5 WAIVER OF SERVICE Returned Executed by Cayuga Nation. Curt Lawrence waiver sent on 10/25/2021, answer due 12/27/2021. (Burch, David)
October 27, 2021 Opinion or Order Filing 4 WAIVER OF SERVICE Returned Executed by Cayuga Nation. Charles Diebold waiver sent on 10/25/2021, answer due 12/27/2021. (Burch, David)
October 27, 2021 Opinion or Order Filing 3 WAIVER OF SERVICE Returned Executed by Cayuga Nation. Amy Nuckolls waiver sent on 10/25/2021, answer due 12/27/2021. (Burch, David)
October 8, 2021 Opinion or Order Filing 2 Summons Issued as to Hoyit Bacon, Tonya Blackfox, Charles Diebold, Cynthia Donahue Bauer, Kim Guyett, Warren Johns, Curt Lawrence, Amy Nuckolls, Dustin Parker. (LB)
October 8, 2021 Opinion or Order Case assigned to Hon. Charles J. Siragusa. Notification to chambers of online civil opening. (LB)
October 8, 2021 Opinion or Order AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(LB)
October 8, 2021 Opinion or Order 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. (LB)
October 7, 2021 Opinion or Order Filing 1 COMPLAINT Cayuga Nation filed by Cayuga Nation against Cayuga Nation $ 402 receipt number 0209-4384035, filed by Hoyit Bacon. (Attachments: #1 Civil Cover Sheet, #2 Supplement Amy Nuckolls Summons, #3 Supplement Charles Diebold Summons, #4 Supplement Curt Lawrence Summons, #5 Supplement Cynthia Donahue Bauer Summons, #6 Supplement Dustin Parker Summons, #7 Supplement Hoyit Bacon Summons, #8 Supplement Kim Guyett Summons, #9 Supplement Tonya Blackfox Summons, #10 Supplement Warren Johns Summons)(Burch, David)

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Plaintiff: Cayuga Nation
Represented By: David G. Burch
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Defendant: Charles Diebold
Represented By: David J. McNamara
Represented By: Joshua Scott Glasgow
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Defendant: Curt Lawrence
Represented By: David J. McNamara
Represented By: Joshua Scott Glasgow
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Defendant: Amy Nuckolls
Represented By: David J. McNamara
Represented By: Joshua Scott Glasgow
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Defendant: Hoyit Bacon
Represented By: David J. McNamara
Represented By: Joshua Scott Glasgow
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Defendant: Tonya Blackfox
Represented By: David J. McNamara
Represented By: Joshua Scott Glasgow
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Defendant: Kim Guyett
Represented By: David J. McNamara
Represented By: Joshua Scott Glasgow
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Defendant: Cynthia Donahue Bauer
Represented By: David J. McNamara
Represented By: Joshua Scott Glasgow
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Defendant: Mr. Dustin Parker
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Defendant: Warren Johns
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Defendant: Dustin Parker
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