Case: Slattery v. Cuomo

Slattery v. Hochul

U.S. Court of Appeals for the Second Circuit

COMPLAINT for Declaratory and Injunctive Relief against Andrew M. Cuomo, Letitia James, Roberta Reardon (Filing fee $400 receipt number ANYNDC-5017463) filed by Christopher T. Slattery, The Evergreen Association, Inc. (Attachments: # 1 Civil Cover Sheet)(hmr) (Entered: 02/04/2020)

1 Civil Cover Sheet

View on PACER

Summonses Issued as to Andrew M. Cuomo, Letitia James, Roberta Reardon. (Attachments: # 1 Summons Issued for Roberta Reardon, # 2 Summons Issued for Letitia James)(hmr) (Entered: 02/04/2020)

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/4/2020 at 11:30 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/27/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) (Entered: 02/04/2020)

NOTICE of Admission Requirement as to Party Plaintiffs; Attorney J. Matthew Belz, Email address is jmbelz@olblaw.com. Phone number is (314) 726-2800. Admissions due by 2/18/2020. {A copy of this notice was mailed to Attorney Belz via regular mail on 2/3/2020.](hmr) (Entered: 02/04/2020)

Notice re: Compliance with General Order #12: Pursuant to General Order #12, counsel is required to file the Notice of Related Case form as a separate document. Refer to the Court's website: www.nynd.uscourts.gov for further instructions. Counsel may access the fillable form using the following link: www.nynd.uscourts.gov/content/general-order-12 (hmr)

MOTION for Limited Admission Pro Hac Vice of James Matthew Belz Filing fee $100, receipt number ANYNDC-5031116. filed by Christopher T. Slattery. Motions referred to Therese Wiley Dancks. (Ferrara, Christopher) (Entered: 02/17/2020)

Notice of Filing Deficiency re: 5 Motion for Limited Admission Pro Hac Vice James M. Belz. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: new Petition for Admission form set by the Clerk, available on the Court's website The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, )

Supplemental Admission documents re: 5 Motion for Limited Admission Pro Hac Vice. (Ferrara, Christopher) (Entered: 02/18/2020)

SUMMONS Returned Executed by Christopher T. Slattery. Andrew M. Cuomo served on 2/13/2020, answer due 3/5/2020. (Ferrara, Christopher) (Entered: 02/19/2020)

SUMMONS Returned Executed by Christopher T. Slattery. Letitia James served on 2/13/2020, answer due 3/5/2020. (Ferrara, Christopher) (Entered: 02/19/2020)

SUMMONS Returned Executed by Christopher T. Slattery. Roberta Reardon served on 2/13/2020, answer due 3/5/2020. (Ferrara, Christopher) (Entered: 02/19/2020)

TEXT ORDER granting 5 Motion for Limited Admission Pro Hac Vice of James Belz, Esq. for Christopher Slattery. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/20/2020. (sg ) (Entered: 02/20/2020)

Order on Motion for Limited Admission Pro Hac Vice

NOTICE of Appearance by Adrienne J. Kerwin on behalf of Andrew M. Cuomo, Letitia James, Roberta Reardon (Kerwin, Adrienne) (Entered: 03/02/2020)

TEXT ORDER: Court notes that Plaintiff indicated this case is related to 1:19-CV-1409 (TJM/DJS), and that the Clerk entered a Notice re: Compliance with General Order #12 on 2/5/2020 requiring counsel to file a Notice of Related Case. Plaintiff is directed to complete a Notice of Related Cases form completely filling out as required (see the Court's website www.nynd.uscourts.gov, under "civil forms") and submit it to the Court in this case no later than 3/9/2020 by using "Civil Events>Other Filings>Other Documents>Notice of Related Case." A response date will be set for Defendants' counsel to respond to the Notice of Related Case, and then the application will be reviewed by the District Judge in case 1:19-CV-1409 for decision. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/3/2020. (sg ) (Entered: 03/03/2020)

~Util - Set/Reset Answer Deadlines

Order

TEXT ORDER: Court has reviewed the 11 Notice of Appearance filed by counsel for defendants Andrew Cuomo, Letitia James, and Roberta Reardon, which includes a request for extension of time for defendants to respond to the Complaint. Request for extension granted. All Defendants' answer due 4/10/2020. Court reminds counsel that requests for extension of deadlines must include a good-cause reason for the requested extension, even if the parties stipulate to the extension. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/3/2020. (sg ) (Entered: 03/03/2020)

Notice of Related Case by Christopher T. Slattery submitted to Judge Thomas J. McAvoy . Objections due by 3/11/2020 (Attachments: # 1 Certificate of Service)(Ferrara, Christopher) (Entered: 03/04/2020)

TEXT ORDER granting 14 Notice of Related Case. Authorized by Senior Judge Thomas J. McAvoy on 3/6/20. (sfp, ) (Entered: 03/06/2020)

Order on Notice of Related Case

Order Reassigning Case

Order on Letter Request

TEXT ORDER REASSIGNING CASE. Case reassigned to Senior Judge Thomas J. McAvoy and Magistrate Judge Daniel J. Stewart for all further proceedings. Chief Judge Glenn T. Suddaby, Magistrate Judge Therese Wiley Dancks no longer assigned to case. Authorized by Senior Judge Thomas J. McAvoy on 3/6/2020. (amt) (Entered: 03/06/2020)

Letter Motion from Adrienne J. Kerwin for Andrew M. Cuomo, Letitia James, Roberta Reardon requesting briefing schedule for motion to dismiss submitted to Judge McAvoy . (Kerwin, Adrienne) (Entered: 03/06/2020)

TEXT ORDER denying the 17 Letter Request w/leave to renew. The Court will consider an application that complies with this Court's Standing Order, which can be found on the Court's website: https://www.nynd.uscourts.gov/sites/nynd/files/TJM%20Standing%20Order.pdf. Authorized by Senior Judge Thomas J. McAvoy on 3/6/2020. (amt) (Entered: 03/06/2020)

STIPULATION re. a briefing schedule by Andrew M. Cuomo, Letitia James, Roberta Reardon submitted to Judge McAvoy. (Kerwin, Adrienne) (Entered: 03/11/2020)

Letter Motion from Adrienne J. Kerwin for Andrew M. Cuomo, Letitia James, Roberta Reardon requesting one week extension submitted to Judge McAvoy . (Attachments: # 1 Stipulation)(Kerwin, Adrienne) (Entered: 04/09/2020)

TEXT ORDER granting Defendants' 20 Letter Request for an extension of time to file an Answer or otherwise respond to the Plaintiff's Complaint in this matter. Defendants shall file their response by April 17, 2020. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/10/2020. (mab) (Entered: 04/10/2020)

Order on Letter Request

MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 6/26/2020 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy Response to Motion due by 6/9/2020 Reply to Response to Motion due by 6/15/2020. filed by Andrew M. Cuomo, Letitia James, Roberta Reardon. (Attachments: # 1 Memorandum of Law, # 2 Appendix A, # 3 Appendix B) (Kerwin, Adrienne) (Entered: 04/17/2020)

TEXT NOTICE: The Rule 16 Initial Conference scheduled for May 4, 2020 and the deadline for the parties to submit a proposed Civil Case Management Plan and to exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. (mab)

NOTICE of Appearance by J. Matthew Belz on behalf of All Plaintiffs (Belz, J. Matthew) (Entered: 05/07/2020)

STIPULATION re 22 MOTION to Dismiss for Failure to State a Claim by Andrew M. Cuomo, Letitia James, Roberta Reardon submitted to Judge McAvoy. (Kerwin, Adrienne) (Entered: 05/11/2020)

Order Setting Hearing on Motion

TEXT ORDER granting 24 Stipulation to adjourn Deft's 22 Motion to Dismiss to Judge McAvoy's 7/13/20 Motion Calendar. Response to Motion is due by 6/17/2020. Reply to Response to Motion is due by 7/1/2020. Authorized by Senior Judge Thomas J. McAvoy on 5/11/20. (sfp, ) (Entered: 05/11/2020)

Unopposed Letter Motion from Matt Belz for Christopher T. Slattery, The Evergreen Association, Inc. requesting that plaintiffs be permitted to submit a memorandum of law in opposition to defendants motion to dismiss up to thirty (30) pages submitted to Judge McAvoy . (Belz, J. Matthew) (Entered: 06/17/2020)

TEXT ORDER denying Plaintiff's 26 Letter Request with leave to renew. Plaintiff should explain to the Court why additional pages are necessary to address the issues raised in Defendants' motion. Authorized by Senior Judge Thomas J. McAvoy on 6/17/2020. (amt) (Entered: 06/17/2020)

Revised, Unopposed Letter Motion from Matt Belz for Christopher T. Slattery, The Evergreen Association, Inc. requesting that plaintiffs be permitted to submit a memorandum of law in opposition to defendants motion to dismiss, up to thirty (30) pages instead of twenty-five (25) submitted to Judge McAvoy . (Belz, J. Matthew) (Entered: 06/17/2020)

RESPONSE in Opposition re 22 MOTION to Dismiss for Failure to State a Claim filed by Christopher T. Slattery, The Evergreen Association, Inc.. (Belz, J. Matthew) (Entered: 06/17/2020)

Letter Motion from Matt Belz for Christopher T. Slattery, The Evergreen Association, Inc. requesting Withdrawal of Letter Motion (Doc. 28) submitted to Judge McAvoy . (Belz, J. Matthew) (Entered: 06/17/2020)

Order on Letter Request

NOTICE of Appearance by Timothy Belz on behalf of Christopher T. Slattery, The Evergreen Association, Inc. (Belz, Timothy) (Entered: 06/18/2020)

REPLY to Response to Motion re 22 MOTION to Dismiss for Failure to State a Claim filed by Andrew M. Cuomo, Letitia James, Roberta Reardon. (Kerwin, Adrienne) (Entered: 07/01/2020)

COURT TEXT NOTICE advising the motions currently pending before Senior Judge McAvoy are on SUBMIT; NO APPEARANCES ARE NECESSARY. (amt)

DECISION & ORDER: that the Defendants' motion to dismiss, dkt. # 22, is hereby Granted. The Clerk of the Court is directed to close the case. Signed by Senior Judge Thomas J. McAvoy on 03/31/2021. (hmr) (Entered: 03/31/2021)

JUDGMENT: It is Ordered and Adjudged: that the Defendants' motion to dismiss, dkt. # 22 is hereby Granted. The Clerk of the Court is directed to Close the case. All pursuant to the Dkt. No. 33 Decision and Order of the Honorable Senior U.S. District Court Judge Thomas J. McAvoy, dated 03/31/2021.(hmr) (Entered: 03/31/2021)

NOTICE OF APPEAL as to 34 Judgment, by Christopher T. Slattery, The Evergreen Association, Inc.. Filing fee $ 505, receipt number ANYNDC-5487161. (Belz, J. Matthew) (Entered: 04/08/2021)

ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re 35 Notice of Appeal. (hmr) (Entered: 04/09/2021)

USCA Case Number 21-911 for 35 Notice of Appeal filed by The Evergreen Association, Inc., Christopher T. Slattery. (nas, )

ORDER of USCA [Certified Copy Issued on 02/27/2023] as to 35 Notice of Appeal filed by The Evergreen Association, Inc., Christopher T. Slattery: For these reasons, we reverse the judgment of the district court with respect to Evergreen's expressive association claim, affirm the judgment in all other respects, and remand to the district court for further proceedings consistent with this opinion. (hmr) (Entered: 02/27/2023)

MANDATE of USCA [Issued on 4/13/2023] as to 35 Notice of Appeal filed by The Evergreen Association, Inc., Christopher T. Slattery: It is hereby Ordered, Adjudged and Decreed that the judgment of the district court is Reversed with respect to Evergreen's expressive association claim, Affirmed in all other respects, and the cause is Remanded to the district court for further proceedings consistent with this Court's opinion. (hmr) (Entered: 04/14/2023)

TEXT ORDER: Based upon the filing of the 38 Mandate, this matter has be reinstated to the Court's active docket. The Defendants' shall file an Answer on or before 5/5/2023. Authorized by Senior Judge Thomas J. McAvoy on 4/20/2023. (amt) (Entered: 04/20/2023)

Order AND ~Util - Set/Reset Answer Deadlines

ANSWER to 1 Complaint, by Andrew M. Cuomo, Letitia James, Roberta Reardon.(Kerwin, Adrienne) (Entered: 05/05/2023)

TEXT ORDER: A Telephonic Initial Rule 16 Conference set for 5/31/2023 11:00 AM before Magistrate Judge Daniel J. Stewart.The parties are directed to dial +1 518-217-2288, and enter ID code 149 088 923 to connect to the conference. ( Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/24/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.). So Ordered by Magistrate Judge Daniel J. Stewart on 5/12/2023. (gmd) (Entered: 05/12/2023)

Order AND ~Util - Set Deadlines/Hearings

CIVIL CASE MANAGEMENT PLAN on behalf of all parties by Andrew M. Cuomo, Letitia James, Roberta Reardon. (Kerwin, Adrienne) (Entered: 05/24/2023)

Text Minute Entry for a Telephone Rule 16 Conference held on 5/31/2023 before Magistrate Judge Daniel J. Stewart. The Court hears from counsel as to their positions and how they intend to proceed in this matter. Court discusses potential for settlement. The Court discusses the Mandatory Mediation Program with counsel and exempts this matter from the program. Scheduling Order deadlines set. A Uniform Pretrial Order will be issued. Counsel may contact the court if any issues arise after attempting to resolve them without intervention of court. Appearances: J. Matthew Belz, Esq., for plaintiff(s); Adrienne J. Kerwin, Esq., for defendant(s). Time: 11:00 AM 11:06 AM.(gmd)

UNIFORM PRETRIAL SCHEDULING ORDER: Joinder of Parties due by 7/7/2023. Amended Pleadings due by 7/7/2023. Discovery due by 11/24/2023. Plaintiffs Expert Disclosure Deadline is 8/24/2023. Defendants Expert Disclosure Deadline is 10/10/2023. Rebuttal Expert Disclosure Deadline is 10/25/2023. Motions to be filed by 1/26/2024. Anticipated length of trial: 2 - 3 Days. Preferred Trial Location: Albany. Signed by Magistrate Judge Daniel J. Stewart on 6/1/2023. (gmd) (Entered: 06/01/2023)

Order

TEXT ORDER: The court held an Initial Rule 16 Conference on 5/31/2023 and sua sponte, exempts this matter from the Mandatory Mediation Program. So Ordered by Magistrate Judge Daniel J. Stewart on 6/1/2023. (gmd) (Entered: 06/01/2023)

STATEMENT OF COSTS of USCA [Certified Copy Issued on 7/26/2023] as to 35 Notice of Appeal filed by The Evergreen Association, Inc., Christopher T. Slattery: It is Hereby Ordered that costs are taxed in the amount of $1,078.00 in favor of the Appellants. (hmr) (Entered: 07/26/2023)

Letter Request/Motion

Order on Letter Request

Letter Request/Motion

Order on Letter Request

Order AND ~Util - Add and Terminate Parties