Civil Rights Corps v. Pestana

Civil Rights Corps v. Pestana

COMPLAINT against Andrea E. Bonina(In her official capacity Chair of State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial Districts), Andrea E. Bonina (Personal Capacity), Melinda Katz(In her official capacity the District Attorney of Queens County), Melinda Katz (Personal Capacity), Hector D. LaSalle, Diana Maxfield Kearse(Personal Capacity), Diana Maxfield Kearse(In her official capacity Cheif Counsel of the State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial District), Georgia Pestana(In her official capacity Corporation Counsel of the City of New York), Georgia Pestana(Personal Capacity). (Filing Fee $ $402.00, Receipt Number 465401288653)Document filed by Abbe Smith, Daniel S. Medwed, Civil Rights Corps., Steven Zeidman, Cynthia Godsoe, Justin Murray, Nicole Smith Futrell. (Attachments: # 1 Exh 1, # 2 Exh 2, # 3 Exh 3, # 4 Exh 4, # 5 Exh 5, # 6 Exh 6, # 7 Exh 7).(gp) (Entered: 11/04/2021)

1 Exh 1

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CIVIL COVER SHEET filed..(gp) (Entered: 11/04/2021)

REQUEST FOR ISSUANCE OF SUMMONS as to Andrea E. Bonina, re: 1 Complaint,,,. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory) (Entered: 11/04/2021)

SEALED DOCUMENT placed in vault.(nmo) (Entered: 11/04/2021)

REQUEST FOR ISSUANCE OF SUMMONS as to Diana Maxfield Kearse, re: 1 Complaint,,,. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory) (Entered: 11/04/2021)

REQUEST FOR ISSUANCE OF SUMMONS as to Georgia Pestana, re: 1 Complaint,,,. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory) (Entered: 11/04/2021)

REQUEST FOR ISSUANCE OF SUMMONS as to Hector D. LaSalle, re: 1 Complaint,,,. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory) (Entered: 11/04/2021)

REQUEST FOR ISSUANCE OF SUMMONS as to Melinda Katz, re: 1 Complaint,,,. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory) (Entered: 11/04/2021)

Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp)

Case Designated ECF. (gp)

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ORDER REDACTING PLEADING FILED IN 21-mc-792 (LGS)...(gp)

ENDORSED LETTER addressed to Judge Victor Marrero from Gregory L. Diskant dated 11/8/2021 re: Counsel asks the Court to treat this letter-brief as a motion and to rule on this basis. The exhibits are judicial records and should be public for that reason alone. They do not fall within the ambit of Judiciary Law § 90(10), and so there is no reason to keep them secret. And in any event, they cannot be kept secret consistent with the freedom accorded speech about matters of public importance under the First Amendment. For these reasons, the Court should unseal the documents filed by Plaintiffs under seal with their Complaint. ENDORSEMENT: Defendants are directed to respond within three days of service, by letter not to exceed three pages, to the matter set forth above by Plaintiffs. So Ordered (Signed by Judge Victor Marrero on 11/9/2021) (js) (Entered: 11/09/2021)

ELECTRONIC SUMMONS ISSUED as to Andrea E. Bonina. (vf) (Entered: 11/09/2021)

ELECTRONIC SUMMONS ISSUED as to Diana Maxfield Kearse. (vf) (Entered: 11/09/2021)

ELECTRONIC SUMMONS ISSUED as to Georgia Pestana. (vf) (Entered: 11/09/2021)

ELECTRONIC SUMMONS ISSUED as to Hector D. LaSalle. (vf) (Entered: 11/09/2021)

ELECTRONIC SUMMONS ISSUED as to Melinda Katz.(vf) (Entered: 11/09/2021)

FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 9 Endorsed Letter,,, addressed to Judge Victor Marrero from Elizabeth A. Figueira dated November 10, 2021., FIRST LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Victor Marrero from Elizabeth A. Figueira dated November 10, 2021. Document filed by Andrea E. Bonina(In her official capacity Chair of State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial Districts), Hector D. LaSalle, Diana Maxfield Kearse(In her official capacity Cheif Counsel of the State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial District)..(Figueira, Elizabeth) (Entered: 11/10/2021)

LETTER RESPONSE to Motion addressed to Judge Victor Marrero from Gregory Diskant dated November 11, 2021 re: 15 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 9 Endorsed Letter,,, addressed to Judge Victor Marrero from Elizabeth A. Figueira dated November 10, 2021.FIRST LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Victor Marrero from Elizabeth A. Figueira dated November 10, 2021. Plaintiffs' opposition to Defendants' request for extension of time to respond to motion to unseal exhibits to complaint. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory) (Entered: 11/11/2021)

ORDER granting 15 Letter Motion for Extension of Time to File Response/Reply re 15 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 9 Endorsed Letter,,, addressed to Judge Victor Marrero from Elizabeth A. Figueira dated November 10, 2021.FIRST LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Victor Marrero from Elizabeth A. Figueira dated November 10, 2021. ( Responses due by 12/17/2021); granting 15 Letter Motion for Extension of Time It is hereby ORDERED that the request of the State Defendants is GRANTED. The State Defendants shall answer, move or otherwise respond to Plaintiffs' Complaint by December 17. The State Defendants shall also respond to the Courts November 9 Order by December 17. So Ordered. (Signed by Judge Victor Marrero on 11/12/2021) (js) (Entered: 11/12/2021)

SUMMONS RETURNED EXECUTED. Andrea E. Bonina(In her official capacity Chair of State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial Districts) served on 11/10/2021, answer due 12/17/2021. Document filed by Abbe Smith; Daniel S. Medwed ; Civil Rights Corps.; Steven Zeidman; Cynthia Godsoe; Justin Murray; Nicole Smith Futrell..(Diskant, Gregory) (Entered: 11/12/2021)

SUMMONS RETURNED EXECUTED. Melinda Katz(In her official capacity the District Attorney of Queens County) served on 11/10/2021, answer due 12/1/2021; Melinda Katz (Personal Capacity) served on 11/10/2021, answer due 12/1/2021. Document filed by Abbe Smith; Daniel S. Medwed ; Civil Rights Corps.; Steven Zeidman; Cynthia Godsoe; Justin Murray; Nicole Smith Futrell..(Diskant, Gregory) (Entered: 11/12/2021)

SUMMONS RETURNED EXECUTED. Diana Maxfield Kearse(Personal Capacity) served on 11/10/2021, answer due 12/17/2021; Diana Maxfield Kearse(In her official capacity Cheif Counsel of the State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial District) served on 11/10/2021, answer due 12/17/2021. Document filed by Abbe Smith; Daniel S. Medwed ; Civil Rights Corps.; Steven Zeidman; Cynthia Godsoe; Justin Murray; Nicole Smith Futrell..(Diskant, Gregory) (Entered: 11/12/2021)

SUMMONS RETURNED EXECUTED. Hector D. LaSalle served on 11/10/2021, answer due 12/17/2021. Document filed by Abbe Smith; Daniel S. Medwed ; Civil Rights Corps.; Steven Zeidman; Cynthia Godsoe; Justin Murray; Nicole Smith Futrell..(Diskant, Gregory) (Entered: 11/12/2021)

Set/Reset Deadlines: Andrea E. Bonina(In her official capacity Chair of State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial Districts) answer due 12/17/2021; Andrea E. Bonina (Personal Capacity) answer due 12/17/2021; Hector D. LaSalle answer due 12/17/2021; Diana Maxfield Kearse(Personal Capacity) answer due 12/17/2021; Diana Maxfield Kearse(In her official capacity Cheif Counsel of the State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial District) answer due 12/17/2021. (js)

SUMMONS RETURNED EXECUTED. Georgia Pestana(In her official capacity Corporation Counsel of the City of New York) served on 11/9/2021, answer due 11/30/2021; Georgia Pestana(Personal Capacity) served on 11/9/2021, answer due 11/30/2021. Document filed by Abbe Smith; Daniel S. Medwed ; Civil Rights Corps.; Steven Zeidman; Cynthia Godsoe; Justin Murray; Nicole Smith Futrell..(Diskant, Gregory) (Entered: 11/15/2021)

NOTICE OF APPEARANCE by Krista Ann Friedrich on behalf of Melinda Katz(In her official capacity the District Attorney of Queens County), Melinda Katz (Personal Capacity), Georgia Pestana(In her official capacity Corporation Counsel of the City of New York), Georgia Pestana(Personal Capacity)..(Friedrich, Krista) (Entered: 11/23/2021)

LETTER MOTION for Extension of Time addressed to Judge Victor Marrero from Krista Friedrich dated November 23, 2021. Document filed by Melinda Katz(In her official capacity the District Attorney of Queens County), Melinda Katz (Personal Capacity), Georgia Pestana(In her official capacity Corporation Counsel of the City of New York), Georgia Pestana(Personal Capacity)..(Friedrich, Krista) (Entered: 11/23/2021)

ORDER granting 24 Letter Motion for Extension of Time. Request Granted. the requested defendants shall have until December 17, 2021 to answer, move, or otherwise respond to the complaint and to respond to Plaintiffs' unsealing request. So Ordered. (Signed by Judge Victor Marrero on 11/24/2021) (js) (Entered: 11/24/2021)

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Order on Motion for Extension of Time

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Order on Motion for Extension of Time

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Memo Endorsement

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Extension of Time

Order on Motion for Extension of Time

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ORDER: Upon review of all pre-motion letters, the parties are hereby ordered to submit a joint proposed briefing schedule regarding Plaintiffs anticipated motion for partial summary judgment within three days of the date of this o rder. Any motions for a pre- motion conference are denied at this time. No further briefing will be accepted for the anticipated motions to dismiss. The Court will resolve all three of Defendants' anticipated motions to dismiss t he Complaint on the basis of the parties' pre-motion letters. See Kapitalforeningen Lgernes Invest. v. United Techs. Corp., 779 F. App'x 69, 70 (2d Cir. 2019) (affirming the district court's ruling deeming an exchange of letters as a motion to dismiss). So Ordered. (Signed by Judge Victor Marrero on 1/24/2022) (js)

ORDER: For the reasons stated above, it is hereby ORDERED that Plaintiffs' motion to unseal all seven exhibits to the Complaint (Dkt. No. 9) is GRANTED. Plaintiffs are directed to re-file the Complaint with all exhibits attached for public viewing. So Ordered. (Signed by Judge Victor Marrero on 1/25/2022) (js) (Entered: 01/25/2022)

COMPLAINT against Andrea E. Bonina(In her official capacity Chair of State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial Districts), Melinda Katz(In her official capacity the District Attorney of Queens County), Hector D. LaSalle, Diana Maxfield Kearse(Personal Capacity), Georgia Pestana(In her official capacity Corporation Counsel of the City of New York). Document filed by Abbe Smith, Daniel S. Medwed, Civil Rights Corps., Steven Zeidman, Cynthia Godsoe, Justin Murray, Nicole Smith Futrell. (Attachments: # 1 Exhibit 1, City Law Dept letter, dated June 2, 2021, # 2 Exhibit 2, GC Letter re Professors Complaints, dated June 11, 2021, # 3 Exhibit 3, Letter from G. Diskant to 9th GC, dated June 22, 2021, # 4 Exhibit 4, Letter to Corp Counsel, dated June 22, 20921, # 5 Exhibit 5, Letter to GC from G. Pestana, dated July 8, 2021, # 6 Exhibit 6, Letter from G. Diskant to GC, dated June 30, 2021, # 7 Exhibit 7, Letter from GC, dated July 26, 2021).(Diskant, Gregory) (Entered: 01/25/2022)

LETTER addressed to Judge Victor Marrero from Gregory L. Diskant dated January 26, 2022 re: In response to the Courts January 24, 2022 order. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory) (Entered: 01/26/2022)

MEMO ENDORSEMENT on re: 60 Letter, filed by Civil Rights Corps., Steven Zeidman, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Cynthia Godsoe. ENDORSEMENT: The proposed briefing schedule is approved. Plaintiffs' request to file one 20-page reply brief is granted. So Ordered. (Motions due by 2/22/2022., Responses due by 3/22/2022, Replies due by 4/5/2022.) (Signed by Judge Victor Marrero on 1/27/2022) (js) (Entered: 01/27/2022)

NOTICE OF APPEARANCE by Eric Jay Eichenholtz on behalf of Melinda Katz(In her official capacity the District Attorney of Queens County), Melinda Katz (Personal Capacity), Georgia Pestana(In her official capacity Corporation Counsel of the City of New York), Georgia Pestana(Personal Capacity)..(Eichenholtz, Eric) (Entered: 02/22/2022)

MOTION for Partial Summary Judgment . Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory) (Entered: 02/22/2022)

MEMORANDUM OF LAW in Support re: 63 MOTION for Partial Summary Judgment . . Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory) (Entered: 02/22/2022)

DECLARATION of Gregory L. Diskant in Support re: 63 MOTION for Partial Summary Judgment .. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman. (Attachments: # 1 Exhibit 1 - Sligh-Grievance, # 2 Exhibit 2 - 2021.06.02 - City Law Dept letter, # 3 Exhibit 3 - 2021.06.11 GC Letter re Professors Complaints, # 4 Exhibit 4 - 2021.06.22 Letter from G. Diskant to 9th GC, # 5 Exhibit 5 - 2021.06.22 Letter to Corp Counsel, # 6 Exhibit 6 - 2021.06.30 Letter from G. Diskant to GC, # 7 Exhibit 7 - 2021.07.08 2nd11th13th-Dist-Cmmtee-Ltr, # 8 Exhibit 8 - 2021.07.26 Letter from GC, # 9 Exhibit 9 - Bill Jacket_L-1945-CH-0675, # 10 Exhibit 10 - 2016-Annual-Report-on-Lawyer-Discipline-in-NYS Excerpt, # 11 Exhibit 11 - 2017-Annual Report on Lawyer Discipline - Excerpt, # 12 Exhibit 12 - 2018-FINAL-REPORT - Excerpt, # 13 Exhibit 13 - 2019-Annual-Report-Complete Excerpt, # 14 Exhibit 14 - 2019 ANNUAL REPORT (1st dept) Excerpt, # 15 Exhibit 15 - 2020-Attorney-Grievence-Committee-Report Excerpt).(Diskant, Gregory) (Entered: 02/22/2022)

RULE 56.1 STATEMENT. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory) (Entered: 02/22/2022)

Amicus Curiae APPEARANCE entered by Ira Martin Feinberg on behalf of The New York Times Company,, The Associated Press, Pro Publica Inc., Newsday LLC..(Feinberg, Ira) (Entered: 03/08/2022)

Amicus Curiae APPEARANCE entered by Benjamin Andrew Fleming on behalf of Newsday LLC, Pro Publica Inc., The Associated Press, The New York Times Company,..(Fleming, Benjamin) (Entered: 03/08/2022)

Amicus Curiae APPEARANCE entered by Matthew Alan Ducharme on behalf of Newsday LLC, Pro Publica Inc., The Associated Press, The New York Times Company,..(Ducharme, Matthew) (Entered: 03/08/2022)

LETTER MOTION to File Amicus Brief addressed to Judge Victor Marrero from Ira M. Feinberg dated March 8, 2022. Document filed by Newsday LLC, Pro Publica Inc., The Associated Press, The New York Times Company,. (Attachments: # 1 Exhibit A - Proposed Brief of Amici Curiae).(Feinberg, Ira) (Entered: 03/08/2022)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Tillandsia Media Holdings LLC, Other Affiliate The Charles F. Dolan 2014 Children Trust FBO Patrick F. Dolan for Newsday LLC. Document filed by Newsday LLC, Pro Publica Inc., The Associated Press, The New York Times Company,..(Feinberg, Ira) (Entered: 03/08/2022)

ORDER granting 70 Letter Motion to File Amicus Brief. Request GRANTED. The motion for leave to file as amici curiae is granted. So Ordered. (Signed by Judge Victor Marrero on 3/9/2022) (js) (Entered: 03/09/2022)

BRIEF re: 63 MOTION for Partial Summary Judgment . (BRIEF OF AMICI CURIAE IN SUPPORT). Document filed by Newsday LLC, Pro Publica Inc., The Associated Press, The New York Times Company,..(Feinberg, Ira) (Entered: 03/09/2022)

FIRST LETTER MOTION for Extension of Time to File Opposition to Summary Judgment Motion addressed to Judge Victor Marrero from Elizabeth A. Figueira dated March 14, 2022., FIRST LETTER MOTION for Leave to File Excess Pages for Opposition addressed to Judge Victor Marrero from Elizabeth A. Figueira dated March 14, 2022. Document filed by Andrea E. Bonina(In her official capacity Chair of State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial Districts), Andrea E. Bonina (Personal Capacity), Hector D. LaSalle..(Figueira, Elizabeth) (Entered: 03/14/2022)

ORDER granting 74 Letter Motion for Extension of Time to File ; granting 74 Letter Motion for Leave to File Excess Pages. Request GRANTED. All defendants' oppositions to the motion for partial summary judgment shall be due March 31, 2022. Plaintiffs' reply is due April 14, 2022. The page limit for the Office's memorandum of law shall be expanded to 30 pages. So Ordered. (Signed by Judge Victor Marrero on 3/15/2022) (js) (Entered: 03/15/2022)

ORDER granting 74 Letter Motion for Extension of Time to File ; granting 74 Letter Motion for Leave to File Excess Pages. Request GRANTED. All defendants' oppositions to the motion for partial summary judgment shall be due March 31, 2022. Plaintiffs' reply is due April 14, 2022. The page limit for the Office's memorandum of law shall be expanded to 30 pages. So Ordered. (Signed by Judge Victor Marrero on 3/15/2022) (js) (Entered: 03/15/2022)

RULE 56.1 STATEMENT. Document filed by Melinda Katz(In her official capacity the District Attorney of Queens County), Melinda Katz (Personal Capacity), Georgia Pestana(In her official capacity Corporation Counsel of the City of New York), Georgia Pestana(Personal Capacity)..(Eichenholtz, Eric) (Entered: 03/31/2022)

MEMORANDUM OF LAW in Opposition re: 63 MOTION for Partial Summary Judgment . . Document filed by Melinda Katz(In her official capacity the District Attorney of Queens County), Melinda Katz (Personal Capacity), Georgia Pestana(In her official capacity Corporation Counsel of the City of New York), Georgia Pestana(Personal Capacity)..(Eichenholtz, Eric) (Entered: 03/31/2022)

MEMORANDUM OF LAW in Opposition re: 63 MOTION for Partial Summary Judgment . . Document filed by Andrea E. Bonina(In her official capacity Chair of State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial Districts), Andrea E. Bonina (Personal Capacity), Hector D. LaSalle..(Figueira, Elizabeth) (Entered: 03/31/2022)

RULE 56.1 STATEMENT. Document filed by Andrea E. Bonina(In her official capacity Chair of State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial Districts), Andrea E. Bonina (Personal Capacity), Hector D. LaSalle..(Figueira, Elizabeth) (Entered: 03/31/2022)

DECLARATION of Elizabeth Anne Figueira in Opposition re: 63 MOTION for Partial Summary Judgment .. Document filed by Andrea E. Bonina(In her official capacity Chair of State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial Districts), Andrea E. Bonina (Personal Capacity), Hector D. LaSalle. (Attachments: # 1 Exhibit 1- 1st Dept Form, # 2 Exhibit 2- 1st Dept How To File, # 3 Exhibit 3 - 2d Dept Form, # 4 Exhibit 4 - How to Make a Complaint, # 5 Exhibit 5- 3d Dept Form, # 6 Exhibit 6 - Instructions For Filing, # 7 Exhibit 7- 4th Dept Form, # 8 Exhibit 8 - 4th Dept Overview, # 9 Exhibit 9 - Lippman Report, # 10 Exhibit 10 Rule 16, # 11 Exhibit 11 - Merriam Dictionary, # 12 Exhibit 12- Merriam Online, # 13 Exhibit 13 - OED Upon prep, # 14 Exhibit 14 - OED Upon adv).(Figueira, Elizabeth) (Entered: 03/31/2022)

DECLARATION of Andrea E. Bonina in Opposition re: 63 MOTION for Partial Summary Judgment .. Document filed by Andrea E. Bonina(In her official capacity Chair of State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial Districts), Andrea E. Bonina (Personal Capacity), Hector D. LaSalle..(Figueira, Elizabeth) (Entered: 03/31/2022)

MEMORANDUM OF LAW in Opposition re: 63 MOTION for Partial Summary Judgment . . Document filed by Diana Maxfield Kearse(Personal Capacity), Diana Maxfield Kearse(In her official capacity Cheif Counsel of the State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial District)..(Elliott, Mark) (Entered: 03/31/2022)

DECLARATION of Diana Maxfield Kearse in Opposition re: 63 MOTION for Partial Summary Judgment .. Document filed by Diana Maxfield Kearse(Personal Capacity), Diana Maxfield Kearse(In her official capacity Cheif Counsel of the State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial District)..(Elliott, Mark) (Entered: 03/31/2022)

COUNTER STATEMENT TO 66 Rule 56.1 Statement. Document filed by Diana Maxfield Kearse(Personal Capacity), Diana Maxfield Kearse(In her official capacity Cheif Counsel of the State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial District)..(Elliott, Mark) (Entered: 03/31/2022)

REPLY MEMORANDUM OF LAW in Support re: 63 MOTION for Partial Summary Judgment . . Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory) (Entered: 04/14/2022)

REPLY AFFIRMATION of Gregory L. Diskant in Support re: 63 MOTION for Partial Summary Judgment .. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman. (Attachments: # 1 Exhibit 16 Letter from G. Diskant; dated 3/15/22, # 2 Exhibit 17 Letter from E. Eichenholtz, dated 3/17/22).(Diskant, Gregory) (Entered: 04/14/2022)

NOTICE OF APPEARANCE by Jeffrey F Kinkle on behalf of Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Kinkle, Jeffrey) (Entered: 04/14/2022)

NOTICE OF APPEARANCE by Elisabeth A. Shane on behalf of Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Shane, Elisabeth) (Entered: 04/15/2022)

NOTICE OF CHANGE OF ADDRESS by Mark Michael Elliott on behalf of Diana Maxfield Kearse(Personal Capacity), Diana Maxfield Kearse(In her official capacity Cheif Counsel of the State of New York Greivance Committee for the Second, Eleventh and Thirteenth Judicial District). New Address: Elliott, Kwok, Levine & Jaroslaw LLP, 565 5th Avenue, 7th Floor, New York, New York, US 10017, 6467774511..(Elliott, Mark) (Entered: 04/29/2022)

NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Valerie Figueredo. Please note that this is a reassignment of the designation only. (nb)

Notice of Redesignation to Magistrate Judge

DECISION AND ORDER: It is hereby ORDERED that the motion so-deemed by the Court (Dkt. No. 35) filed by Defendants Georgia Pestana and Melinda Katz ("City Defendants") to dismiss the unredacted complaint ("Complaint," Dkt. No. 59) filed by Plaintiffs Civil Rights Corps, Cynthia Godsoe, Nicole Smith Futrell, Daniel S. Medwed, Justin Murphy, Abbe Smith, and Steven Zeidman ("Plaintiffs") is DENIED IN PART; and it is further ORDERED that the motion so-deemed by the Cour t (Dkt. No. 41) filed by Defendants Andrea E. Bonina and Hector LaSalle to dismiss Plaintiffs' Complaint is DENIED; and it is further ORDERED that the motion so-deemed by the Court (Dkt. No. 47) filed by Defendant Diana Maxfield Kearse ("Ke arse") to dismiss Plaintiffs' Complaint is DENIED IN PART. The Court will reserve judgment on the remaining arguments made in the motions filed by the City Defendants and Kearse pending resolution of Plaintiffs' motion for partial summary judgment. SO ORDERED. (Signed by Judge Victor Marrero on 5/5/2022) (jca)

Extension of Time to File Answer

Order on Motion for Extension of Time to Answer