1
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COMPLAINT against Anthony Annucci, Andrew Cuomo, New York State Department of Corrections and Community Supervision, State of New York (Filing fee $402 receipt number ANYNDC-5517975) filed by Chloe Hayes, Thomas Hannah, New York State Correctional Officers and Police Benevolent Association, Inc., Erik Mesunas, Kerri Montgomery, Sarah Tompkins, Alexander Voitsekhovski. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Civil Cover Sheet)(khr) (Entered: 05/10/2021)
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May 7, 2021
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May 7, 2021
PACER
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2
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FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by New York State Correctional Officers and Police Benevolent Association, Inc. (khr) (Entered: 05/10/2021)
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May 7, 2021
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May 7, 2021
PACER
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3
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Summons Issued as to Andrew Cuomo. (Attachments: # 1 Summons issued to Anthony Annucci, # 2 Summons issued to NYSDOCCS, # 3 Summons issued to State of New York)(khr) (Entered: 05/10/2021)
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May 10, 2021
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May 10, 2021
PACER
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4
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G.O. 25 FILING ORDER ISSUED: Initial Conference set for 8/9/2021 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/2/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) (Entered: 05/10/2021)
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May 10, 2021
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May 10, 2021
PACER
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5
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TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (khr) (Entered: 05/10/2021)
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May 10, 2021
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May 10, 2021
PACER
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TEXT NOTICE: Although the plaintiffs herein have named John and Jane Does 1-18,000 in the Complaint, the Clerk's Office will not issue summonses for service of process on a John and Jane Doe defendant at this time. In the event plaintiffs wish to pursue the claims against those defendants, plaintiffs shall take reasonable steps to ascertain their identities. When plaintiffs determine the identity of the "John and Jane Doe" defendants, plaintiffs may seek to amend the pleadings to add the properly named defendants pursuant to FED.R.CIV.P. 15 and summonses will be issued at that time. (khr)
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May 10, 2021
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May 10, 2021
PACER
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6
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AFFIDAVIT of Service for Summons in a Civil Action with Class Action Complaint for Deprivation of Rights with Supporting Papers and Notice with General Order #25 and Supporting Papers Andrew Cuomo, Governor of the State of New York care of NYS Attorney General served on Cristal Gazelone, Authorized Clerk on 5/11/21, filed by New York State Correctional Officers and Police Benevolent Association, Inc.. (Myers, Gregory) (Entered: 05/13/2021)
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May 13, 2021
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May 13, 2021
PACER
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7
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AFFIDAVIT of Service for Summons in a Civil Action with Class Action Complaint for Deprivation of Rights with Supporting Papers and Notice with General Order #25 and Supporting Papers on New York State Department of Corrections and Community Supervision, care of Anthony J. Annucci served on Kevin Kortright, authorized to accept on 5/11/21, filed by New York State Correctional Officers and Police Benevolent Association, Inc.. (Myers, Gregory) (Entered: 05/13/2021)
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May 13, 2021
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May 13, 2021
PACER
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8
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AFFIDAVIT of Service for Summons in a Civil Action with Class Action Complaint for Deprivation of Rights with Supporting Papers and Notice with General Order #25 and Supporting Papers on State of New York served on Denise Gagwer, legal assistant, authorized to accept on 5/11/21, filed by New York State Correctional Officers and Police Benevolent Association, Inc.. (Myers, Gregory) (Entered: 05/13/2021)
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May 13, 2021
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May 13, 2021
PACER
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***Answer due date updated for Andrew Cuomo answer due 6/1/2021; New York State Department of Corrections and Community Supervision answer due 6/1/2021; State of New York answer due 6/1/2021. (khr)
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May 13, 2021
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May 13, 2021
PACER
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9
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Letter Motion from Brian W. Matula, Esq. for Anthony Annucci, Andrew Cuomo, New York State Department of Corrections and Community Supervision, State of New York requesting 45-day extension of time to answer or to submit pre-answer request to move (ON CONSENT) submitted to Judge Christian F. Hummel . (Matula, Brian) (Entered: 05/28/2021)
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May 28, 2021
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May 28, 2021
RECAP
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10
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TEXT ORDER granting 9 Letter Request for an extension of the answer deadline. Anthony Annucci answer due 7/15/2021; Andrew Cuomo answer due 7/15/2021; New York State Department of Corrections and Community Supervision answer due 7/15/2021; State of New York answer due 7/15/2021. Authorized by Magistrate Judge Christian F. Hummel on 5/28/2021. (tab) (Entered: 05/28/2021)
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May 28, 2021
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May 28, 2021
PACER
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Order on Letter Request
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May 28, 2021
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May 28, 2021
PACER
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11
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Letter Motion from Brian Matula, AAG for Anthony Annucci, Andrew Cuomo, New York State Department of Corrections and Community Supervision, State of New York requesting permission to file a Motion to Dismiss submitted to Judge D'Agostino . (McCartin, Michael) (Entered: 07/14/2021)
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July 14, 2021
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July 14, 2021
RECAP
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12
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Plaintiffs' Letter Motion from Emily G. Hannigan for John and Jane Does 1-18,000, Thomas Hannah, Chloe Hayes, Erik Mesunas, Kerri Montgomery, New York State Correctional Officers and Police Benevolent Association, Inc., Sarah Tompkins, Alexander Voitsekhovski requesting that the Court deny defendant's request for permission to file a motion to dismiss submitted to Judge Hon. Mae A D'Agostino . (Hannigan, Emily) (Entered: 07/19/2021)
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July 19, 2021
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July 19, 2021
PACER
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13
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NOTICE of Appearance by Brian W. Matula on behalf of Anthony Annucci, Andrew Cuomo, New York State Department of Corrections and Community Supervision, State of New York (Matula, Brian) (Entered: 07/20/2021)
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July 20, 2021
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July 20, 2021
PACER
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TEXT Minute Entry for Telephone Pre-Motion Conference held on 7/20/2021 before U.S. District Judge Mae A. D'Agostino: Appearances by Emily Hannigan, Esq. for the Plaintiffs; Brian Matula, AAG and Michael McCartin, AAG for defendants; Judge D'Agostino addresses counsel regarding the pre-motion letter and response. Counsel for the plaintiff and counsel for the defendant address the Court. Judge D'Agostino will permit defendant's to make their motion to dismiss. The motion shall be filed on or before 9/20/21. No extensions of this deadline will be entertained. (Court Reporter Theresa Casal, CRD Britney Norton [Time 2:00 p.m. - 2:09 p.m.]) (ban)
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July 20, 2021
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July 20, 2021
PACER
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Set Deadlines: Motions to be filed by 9/20/2021 (no extensions will be entertained). (ban)
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July 20, 2021
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July 20, 2021
PACER
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14
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TEXT NOTICE: The Rule 16 Initial Conference scheduled for 8/9/2021 at 10:00 AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the anticipated dispositive motion. (tab) (Entered: 07/21/2021)
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July 21, 2021
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July 21, 2021
PACER
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15
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Substitute Party AND Dismiss for Failure to State a Claim AND Dismiss
1 Memorandum of Law
View on RECAP
2 Declaration of Brian W. Matula
View on PACER
3 Exhibit(s) 1 - NYCLU Settlement Agreement
View on PACER
4 Exhibit(s) 2 - Ch. 93 Laws 2021
View on PACER
5 Exhibit(s) 3 - Governor's Approval Memorandum
View on PACER
6 Exhibit(s) 4 - Governor's Statement (Apr. 1, 2021)
View on PACER
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Sept. 21, 2021
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Sept. 21, 2021
PACER
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16
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Letter Motion from Emily G. Hannigan, Esq. for New York State Correctional Officers and Police Benevolent Association, Inc. requesting Extension of time to December 11, 2021 to respond to Defendants' motion to dismiss ON CONSENT submitted to Judge D'Agostino . (Hannigan, Emily) (Entered: 09/22/2021)
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Sept. 22, 2021
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Sept. 22, 2021
RECAP
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17
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TEXT ORDER granting in part 16 Letter Request for an extension of time to response to defendant's 15 MOTION to Dismiss filed by Anthony Annucci, Andrew Cuomo: It is hereby ORDERED that the plaintiff's request for an extension of time to respond to the defendant's motion to dismiss is GRANTED in Part. The deadlines will be extended for 45 days. Due to the length of this extension, no further adjournment requests will be entertained. Response to Motion due by 11/29/2021; Reply to Response to Motion due by 12/6/2021. Signed by U.S. District Judge Mae A. D'Agostino on 9/23/21. (ban, ) (Entered: 09/23/2021)
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Sept. 23, 2021
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Sept. 23, 2021
PACER
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Reset Deadlines as to 15 MOTION to Dismiss filed by Anthony Annucci, Andrew Cuomo: Response to Motion due by 11/29/2021; Reply to Response to Motion due by 12/6/2021. (ban)
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Sept. 23, 2021
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Sept. 23, 2021
PACER
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Order on Letter Request
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Sept. 23, 2021
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Sept. 23, 2021
PACER
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18
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MEMORANDUM OF LAW in Opposition to Defendants' Motion to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6) filed by John and Jane Does 1-18,000, Thomas Hannah, Chloe Hayes, Erik Mesunas, Kerri Montgomery, New York State Correctional Officers and Police Benevolent Association, Inc., Sarah Tompkins, Alexander Voitsekhovski. (Myers, Gregory) (Entered: 11/24/2021)
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Nov. 24, 2021
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Nov. 24, 2021
PACER
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19
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AFFIDAVIT in Opposition re 15 MOTION to Dismiss filed by Anthony Annucci, Andrew Cuomo. Motion returnable before Judge Mae A. D'Agostino MOTION to Dismiss for Failure to State a Claim filed by Anthony Annucci, Andrew Cuomo. Motion returnable before Judge Mae A. D'Agostino MOTION to Substitute Party filed by Anthony Annucci, Andrew Cuomo. Declaration of Gregory T. Myers, Esq. filed by John and Jane Does 1-18,000, Thomas Hannah, Chloe Hayes, Erik Mesunas, Kerri Montgomery, New York State Correctional Officers and Police Benevolent Association, Inc., Sarah Tompkins, Alexander Voitsekhovski. (Attachments: # 1 Exhibit(s) Memorandum of Anthony J. Annucci dated November 22, 2021)(Myers, Gregory) (Entered: 11/24/2021)
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Nov. 24, 2021
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Nov. 24, 2021
PACER
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20
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REPLY to Response to Motion re 15 MOTION to Dismiss filed by Anthony Annucci, Andrew Cuomo. Motion returnable before Judge Mae A. D'Agostino MOTION to Dismiss for Failure to State a Claim filed by Anthony Annucci, Andrew Cuomo. Motion returnable before Judge Mae A. D'Agostino MOTION to Substitute Party filed by Anthony Annucci, Andrew Cuomo. filed by Anthony Annucci, Kathy Hochul, New York State Department of Corrections and Community Supervision, State of New York. (McCartin, Michael) (Entered: 12/06/2021)
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Dec. 6, 2021
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Dec. 6, 2021
PACER
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21
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MEMORANDUM-DECISION and ORDER denying 15 Motion to Dismiss: The Court hereby ORDERS Defendants' motion to dismiss (Dkt. No. 15) is GRANTED; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Defendants' favo r and close this case; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 06/16/2022. (ban)
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June 16, 2022
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June 16, 2022
RECAP
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22
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JUDGMENT in favor of Kathy Hochul, New York State Department of Corrections and Community Supervision, State of New York, Anthony Annucci against New York State Correctional Officers and Police Benevolent Association, Inc., John and Jane Does 1-18,000, Alexander Voitsekhovski, Chloe Hayes, Erik Mesunas, Kerri Montgomery, Sarah Tompkins, Thomas Hannah. (Attachments: # 1 Appeal Notice) (ban)
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June 16, 2022
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June 16, 2022
RECAP
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