Cayuga Nation v. Diebold et al
| Cayuga Nation |
| Charles Diebold, Curt Lawrence, Amy Nuckolls, Hoyit Bacon, Tonya Blackfox, Kim Guyett, Cynthia Donahue Bauer, Mr. Dustin Parker, Warren Johns and Dustin Parker |
| 6:2021cv06630 |
| October 7, 2021 |
| US District Court for the Western District of New York |
| Charles J Siragusa |
| Other Statutory Actions |
| 25 U.S.C. § 640 |
| None |
Docket Report
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This docket was last retrieved on April 8, 2022. A more recent docket listing may be available from PACER.
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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)
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Filing 23
MOTION for Leave to File Excess Pages with regard to Reply Memorandum of Law by Cayuga Nation.(Burch, David)
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Filing 22
First MOTION to appear pro hac vice ( Filing fee $ 200 receipt number 0209-4434249.) by Cayuga Nation.(Burch, David)
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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)
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E-Filing Notification: #18 MEMORANDUM and #19 DECLARATION modified docket text to reflect correct filing parties. (RE)
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Filing 20
SUMMONS Returned Executed by Cayuga Nation. Dustin Parker served on 11/30/2021, answer due 12/21/2021. (Burch, David)
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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).
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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).
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 11
SUMMONS Returned Executed by Cayuga Nation. Warren Johns served on 11/17/2021, answer due 12/8/2021. (Burch, David)
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Filing 10
AFFIDAVIT of Service for Summons served on Warren Johns on 11/17/2021, filed by Cayuga Nation. (Burch, David)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Case assigned to Hon. Charles J. Siragusa. Notification to chambers of online civil opening. (LB)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(LB)
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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. (LB)
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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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