Case: Civil Rights Corp v. Pestana

Civil Rights Corps v. Pestana

Civil Rights Corps v. Pestana

Civil Rights Corp v. Cushman

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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2 Exh 2

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3 Exh 3

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4 Exh 4

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5 Exh 5

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6 Exh 6

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7 Exh 7

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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)

Case Designation

Case Designated ECF

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)

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

Remark

Sealed Document

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)

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)

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

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)

SECOND LETTER MOTION for Extension of Time to Respond to the Complaint and Motion to Unseal addressed to Judge Victor Marrero from Elizabeth A. Figueira dated December 9, 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(Personal Capacity)..(Figueira, Elizabeth) (Entered: 12/09/2021)

LETTER RESPONSE to Motion addressed to Judge Victor Marrero from Jeffrey F. Kinkle dated December 9, 2021 re: 26 SECOND LETTER MOTION for Extension of Time to Respond to the Complaint and Motion to Unseal addressed to Judge Victor Marrero from Elizabeth A. Figueira dated December 9, 2021. . Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Nicole Smith Futrell, Steven Zeidman..(Kinkle, Jeffrey) (Entered: 12/09/2021)

ORDER: granting 26 Letter Motion for Extension of Time. Request GRANTED. The State Defendants shall have until January 14, 2022 to answer or otherwise respond to the complaint and to respond to the unsealing motion. This shall be the final extension. SO ORDERED. (Signed by Judge Victor Marrero on 12/10/2021) (ama) (Entered: 12/10/2021)

LETTER addressed to Judge Victor Marrero from Gregory L. Diskant dated December 10, 2021 re: requesting a pre-motion conference. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory) (Entered: 12/10/2021)

Set/Reset Deadlines

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 1/14/2022; Andrea E. Bonina (Personal Capacity) answer due 1/14/2022; Hector D. LaSalle answer due 1/14/2022; Diana Maxfield Kearse(Personal Capacity) answer due 1/14/2022. Responses due by 1/14/2022 (ama)

SECOND LETTER MOTION for Extension of Time to respond to Complaint and unsealing request, and First request for extension of time to respond to Plaintiffs' pre-motion conference letter addressed to Judge Victor Marrero from Krista Friedrich dated December 13, 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: 12/13/2021)

LETTER addressed to Judge Victor Marrero from Gregory L. Diskant dated December 14, 2021 re: Response to the City Defendants' Letter (dkt. no. 30). Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory) (Entered: 12/14/2021)

ORDER re: 30 Letter Motion for Extension of Time. The City Defendants' request for an extension of time to answer the Complaint and respond to the request for unsealing is granted. City Defendants shall have until January 14, 2022 to respond to the complaint and the unsealing motion. City Defendants' request for an extension of time to respond to the pre- motion conference letter is denied. So Ordered. (Signed by Judge Victor Marrero on 12/14/2021) (js) (Entered: 12/14/2021)

LETTER addressed to Judge Victor Marrero from Krista Friedrich dated December 14, 2021 re: Response to Plaintiffs' letter (Dkt. No. 31). 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: 12/14/2021)

Set/Reset Deadlines

Set/Reset Deadlines: Melinda Katz(In her official capacity the District Attorney of Queens County) answer due 1/14/2022; Melinda Katz (Personal Capacity) answer due 1/14/2022; Georgia Pestana(In her official capacity Corporation Counsel of the City of New York) answer due 1/14/2022; Georgia Pestana(Personal Capacity) answer due 1/14/2022. Responses due by 1/14/2022 (js)

MEMO ENDORSEMENT on re: 33 Letter, filed by Georgia Pestana, Melinda Katz. ENDORSEMENT: At this time the request by both parties, see also Dkt. 31, for a conference on January 18, 2022 is denied. The Court shall review all pre-motion letters and letters in opposition and will schedule a conference if deemed necessary after review. So Ordered. (Signed by Judge Victor Marrero on 12/15/2021) (js) (Entered: 12/15/2021)

LETTER addressed to Judge Victor Marrero from Krista Friedrich dated December 20, 2021 re: copying the Court on City Defendants' letter to Plaintiffs' counsel re: proposed motion to dismiss. 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: 12/20/2021)

LETTER addressed to Judge Victor Marrero from Krista Friedrich dated December 20, 2021 re: response to Plaintiffs' letter proposing motion for partial summary judgment (Dkt. No. 29). 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: 12/20/2021)

LETTER MOTION for Extension of Time addressed to Judge Victor Marrero from Gregory L. Diskant dated December 21, 2021. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory) (Entered: 12/21/2021)

ORDER granting 37 Letter Motion for Extension of Time. Request Granted. Plaintiffs shall have until December 31, 2021 to respond. So Ordered. (Signed by Judge Victor Marrero on 12/22/2021) (js) (Entered: 12/22/2021)

LETTER addressed to Judge Victor Marrero from Gregory L. Diskant dated December 30, 2021 re: copying the Court in response to City Defendants' December 20, 2021 letter. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory) (Entered: 12/30/2021)

NOTICE OF APPEARANCE by Elizabeth Anne Figueira on behalf of 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: 01/05/2022)

LETTER addressed to Judge Victor Marrero from Elizabeth A. Figueira dated January 5, 2022 re: copying Court on pre-motion to dismiss correspondence. 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: 01/05/2022)

LETTER addressed to Judge Victor Marrero from Krista Friedrich dated January 5, 2022 re: proposed motion to dismiss. 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: 01/05/2022)

LETTER addressed to Judge Victor Marrero from Gregory L. Diskant in Response to the City Defendants' January 5, 2022 Letter dated January 6, 2022 Document filed by Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory) (Entered: 01/06/2022)

LETTER addressed to Judge Victor Marrero from Gregory L. Diskant dated January 12, 2022 re: Response to the State Defendants' January 5, 2022 Letter. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory) (Entered: 01/12/2022)

NOTICE OF APPEARANCE 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)..(Elliott, Mark) (Entered: 01/14/2022)

NOTICE OF APPEARANCE by Leah Frankel 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)..(Frankel, Leah) (Entered: 01/14/2022)

LETTER addressed to Judge Victor Marrero from Mark M. Elliott dated January 14, 2022 re: Proposed Motion to Dismiss. 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: 01/14/2022)

LETTER MOTION to Seal in Opposition to ECF 9 Motion to Unseal addressed to Judge Victor Marrero from Elizabeth A. Figueira dated January 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: 01/14/2022)

LETTER addressed to Judge Victor Marrero from Krista Friedrich dated January 14, 2022 re: response to Dkt. No. 9 motion to unseal. 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: 01/14/2022)

LETTER RESPONSE in Opposition to Motion addressed to Judge Victor Marrero from Mark M. Elliott dated January 14, 2022 re: 48 LETTER MOTION to Seal in Opposition to ECF 9 Motion to Unseal addressed to Judge Victor Marrero from Elizabeth A. Figueira dated January 14, 2022. . 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: 01/14/2022)

LETTER addressed to Judge Victor Marrero from Gregory L. Diskant dated January 18, 2022 re: Plaintiffs' reply to Defendants' 1/14/22 letter briefs regarding request to unseal. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory) (Entered: 01/18/2022)

LETTER MOTION for Conference re: 41 Letter, re: Proposed Motion to Dismiss and Scheduling Submissions addressed to Judge Victor Marrero from Elizabeth A. Figueira dated January 18, 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: 01/18/2022)

LETTER addressed to Judge Victor Marrero from Gregory L. Diskant dated January 19, 2022 re: in reply to the letters filed by the City Defendants on January 5, 2022 (ECF No. 42) and the State Defendants on January 18, 2022 (ECF No. 52). Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory) (Entered: 01/19/2022)

LETTER addressed to Judge Victor Marrero from Krista Friedrich dated January 21, 2022 re: response to Plaintiffs' letter (Dkt. No. 53). 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: 01/21/2022)

LETTER addressed to Judge Victor Marrero from Gregory L. Diskant dated January 21, 2022 re: copying the Court in response to Defendant Diana Maxfield Kearse's January 14, 2022 letter.. Document filed by Civil Rights Corps., Cynthia Godsoe, Daniel S. Medwed, Justin Murray, Abbe Smith, Nicole Smith Futrell, Steven Zeidman..(Diskant, Gregory) (Entered: 01/21/2022)

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)

LETTER addressed to Judge Victor Marrero from David McCraw dated 1/19/2022 re: I write on behalf of The New York Times Company (The Times) in support of the unsealing motion filed by the plaintiffs in the above-referenced case. See Dkt. No. 9. The motion concerns seven letters that are appended as exhibits to the complaint and that go to the heart of the plaintiffs' claims in this action. It is clear that the exhibits are subject to a presumptive right of access and that the defendants have not met their burden to over The Times joins theplaintiffs in asking the Court to unseal them. (js) (Entered: 01/25/2022)

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)