Case: Burns v. State of New York

CLASS ACTION COMPLAINT against New York State Civil Service Commission, State of New York (Filing fee $405 receipt number ANYNDC-6869701) filed by Kimberly Wesley, Allison German, Marie Neptune, Susan Devlin-Varin, Rachel Burns, Amber Hawthorne Lashway. (Attachments: # 1 Civil Cover Sheet)(hmr) (Entered: 09/18/2024)

1 Civil Cover Sheet

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Summonses Issued as to New York State Civil Service Commission, State of New York. (Attachments: # 1 Summons Issued for New York State Civil Service Commission)(hmr) (Entered: 09/18/2024)

1 Summons Issued for New York State Civil Service Commission

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G.O. 25 FILING ORDER ISSUED: Initial Conference set for 12/18/2024 at 01:30 PM via Telephone Conference before Magistrate Judge Mitchell J. Katz. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/11/2024. (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: 09/18/2024)

TEXT NOTICE OF FILING DEFICIENCY as to Rachel Burns, Susan Devlin-Varin, Allison German, Amber Hawthorne Lashway, Marie Neptune, Kimberly Wesley regarding the 1 Complaint,. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. This document has been TEMPORARILY RESTRICTED. Counsel is directed to make the appropriate redactions to the above referenced document and electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number. Do NOT use any other event to file your corrected document. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. *****PLEASE NOTE THERE ARE HOME ADDRESSES THROUGHOUT EXHIBIT 1 - ALL OF THESE ADDRESSES WILL NEED TO BE REDACTED- SINCE THIS IS ATTACHED TO THE COMPLAINT THE COMPLETE 28 PAGES INCLUDING THE - COMPLAINT, EXHIBIT 1 (Redacted Version) and EXHIBIT 2 AS ONE DOCUMENT WILL HAVE TO BE REFILED FOLLOWING THE INSTRUCTIONS ABOVE. Notice of Filing Deficiency Deadline 9/23/2024 (hmr)

TEXT NOTICE: The initial conference set for 12/18/2024 at 1:30PM before Magistrate Judge Miroslav Lovric, will be held via Microsoft Teams Teleconferencing. The Courtroom Deputy will send a teams link to the parties to participate. (jdc )

CLERK'S CORRECTION OF DOCKET ENTRY re 3 G.O. 25 Filing Order: Clerk removed "Mitchell K. Katz" which was added to this entry in error and added "Miroslav Lovric" who is the Magistrate Judge in this case. (hmr)

AFFIDAVIT of Service for Summons, Complaint and GO 15 Order served on New York State - Amber Schofield, Authorized agent on 09/19/2024, filed by Rachel Burns, Susan Devlin-Varin, Allison German, Amber Hawthorne Lashway, Marie Neptune, Kimberly Wesley. (Sussman, Michael) Modified on 10/1/2024 (hmr).

AFFIDAVIT of Service for Summons, Complaint and GO 15 Order served on New York State Civil Service Commission - Conor Cahalan, Authorized agent on 09/19/2024, filed by Rachel Burns, Susan Devlin-Varin, Allison German, Amber Hawthorne Lashway, Marie Neptune, Kimberly Wesley. (Sussman, Michael) Modified on 10/1/2024 (hmr).

NOTICE OF APPEARANCE by Aimee Cowan on behalf of New York State Civil Service Commission, State of New York (Cowan, Aimee)

CLERK'S CORRECTION OF DOCKET ENTRY re 4 Affidavit of Service, 5 Affidavit of Service: Clerk added "New York State" to Dkt. No. 4 and Clerk added "New York State Civil Service Commission" to Dkt. No. 5, so it states which defendant was served. (hmr)

***Answer due date updated for New York State Civil Service Commission answer due 10/10/2024; State of New York answer due 10/10/2024. (hmr)

Letter Motion from Aimee Cowan for New York State Civil Service Commission, State of New York requesting 30-day extension for responsive pleading deadline submitted to Judge Miroslav Lovric . (Cowan, Aimee) (Entered: 10/02/2024)

ORDER granting 7 Letter Request. Defendants response to the complaint is now due on or before 11/12/2024. Signed by Magistrate Judge Miroslav Lovric on 10/3/2024. (jdc ) (Entered: 10/03/2024)

Order on Letter Request

Letter Motion from Aimee Cowan for State of New York, New York State Civil Service Commission requesting 1-week extension for responsive pleading deadline submitted to Judge Miroslav Lovric . (Cowan, Aimee) (Entered: 11/08/2024)

ORDER granting 9 Letter Request. Defendants response to the complaint is now due on or before 11/19/2024. Signed by Magistrate Judge Miroslav Lovric on 11/12/2024. (jdc ) (Entered: 11/12/2024)

Order on Letter Request

MOTION to Dismiss for Failure to State a Claim filed by State of New York, New York State Civil Service Commission. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 12/10/2024. Reply to Response to Motion due by 12/17/2024 (Attachments: # 1 Memorandum of Law) (Cowan, Aimee) (Entered: 11/19/2024)

1 Memorandum of Law

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TEXT ORDER: In light of the filing of Motion to Dismiss 11, the Rule 16 Initial Conference scheduled for 12/18/2024, before Magistrate Judge Miroslav Lovric and the related Rule 16 conference deadlines are all STAYED without date. SO ORDERED by Magistrate Judge Miroslav Lovric on 11/20/2024. (jdc ) (Entered: 11/20/2024)

1 - Terminate Deadlines and Hearings AND Order

MEMORANDUM OF LAW re 11 Motion to Dismiss for Failure to State a Claim, Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss filed by Rachel Burns, Allison German, Amber Hawthorne Lashway, Marie Neptune, Susan Devlin-Varin. (Sussman, Michael) (Entered: 12/10/2024)

Letter Motion from Aimee Cowan for State of New York, New York State Civil Service Commission requesting 1-week extension to file defendants' reply submitted to Judge Miroslav Lovric . (Cowan, Aimee)

TEXT ORDER: granting [14] Letter requesting 1-week extension to file defendants' reply to the [11] Motion to Dismiss. Defendants' Reply is due by 12/24/2024. SO ORDERED by Chief Judge Brenda K. Sannes on 12/13/2024. (nmk)

Order on Letter Request

REPLY to Response to Motion re [11] Motion to Dismiss for Failure to State a Claim, filed by State of New York, New York State Civil Service Commission. (Cowan, Aimee)

MEMORANDUM-DECISION AND ORDER: It is ORDERED that Defendants' motion to dismiss (Dkt. No. 11 ) is GRANTED. It is further ORDERED that the complaint (Dkt. No. 1 ) is DISMISSED. It is further ORDERED that the Clerk is directed to enter judgment accordingly and close this case. Signed by Chief Judge Brenda K. Sannes on 8/1/2025. (nmk)

Judgment