E.D.N.Y. 1:19-cv-00463 Docket
Schwartz v. City of New York
No. 1:19-cv-00463, Case History
Court: Eastern District of New York (Brooklyn)
Assigned to: Judge Raymond J. Dearie
Referred to: Magistrate Judge Steven Tiscione
| Date Filed | # | Docket Text |
| 01/23/2019 | 1 | COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-11131234 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by David Schwartz. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons City of New York, # 3 Proposed Summons Lorelei Salas) (Brooks, Roger) (Entered: 01/23/2019) |
| 01/29/2019 | Case assigned to Judge Raymond J. Dearie and Magistrate Judge Steven Tiscione. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) (Entered: 01/29/2019) | |
| 01/29/2019 | 2 | Summons Issued as to All Defendants. (Attachments: # 1 Salas summons) (Bowens, Priscilla) (Entered: 01/29/2019) |
| 01/29/2019 | 3 | In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences.> Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 01/29/2019) |
| 01/29/2019 | 4 | This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 01/29/2019) |
| 02/01/2019 | 5 | MOTION to Appear Pro Hac Vice of Jeana Hallock Filing fee $ 150, receipt number ANYEDC-11159491. by David Schwartz. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing) (Hallock, Jeana) (Entered: 02/01/2019) |
| 02/01/2019 | ORDER granting 5 Motion for Leave to Appear Pro Hac Vice: Having reviewed the Pro Hac Vice application 5 submitted by Jeana Jolin Hallock for Plaintiff Schwartz and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED’s homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted to the Clerk’s Office. So Ordered by Magistrate Judge Steven Tiscione on 2/1/2019. (Vasquez, Lea) (Entered: 02/01/2019) | |
| 02/08/2019 | 6 | SUMMONS Returned Executed by David Schwartz. City of New York served on 2/7/2019, answer due 2/28/2019. (Brooks, Roger) (Entered: 02/08/2019) |
| 02/08/2019 | 7 | SUMMONS Returned Executed by David Schwartz. Lorelei Salas served on 2/7/2019, answer due 2/28/2019. (Brooks, Roger) (Entered: 02/08/2019) |
| 02/13/2019 | 8 | NOTICE of Appearance by Barry Black on behalf of David Schwartz (aty to be noticed) (Black, Barry) (Entered: 02/13/2019) |
| 02/18/2019 | 9 | NOTICE of Appearance by Jeana Hallock on behalf of David Schwartz (notification declined or already on case) (Hallock, Jeana) (Entered: 02/18/2019) |
| 02/19/2019 | 10 | Letter Re: Service of Motion for Preliminary Injunction by David Schwartz (Brooks, Roger) (Entered: 02/19/2019) |
| 02/25/2019 | 11 | NOTICE of Appearance by Michelle Goldberg-Cahn on behalf of All Defendants (aty to be noticed) (Goldberg-Cahn, Michelle) (Entered: 02/25/2019) |
| 02/25/2019 | 12 | First MOTION for Extension of Time to File Answer re 1 Complaint, Letter Request to Extend Time to Answer or Otherwise Respond to Complaint by City of New York, Lorelei Salas. (Goldberg-Cahn, Michelle) (Entered: 02/25/2019) |
| 02/25/2019 | ORDER granting 12 Motion for Extension of Time for all Defendants to Answer to 30 days after the District Court rules on Plaintiff’s motion for preliminary injunction. So Ordered by Magistrate Judge Steven Tiscione on 2/25/2019. (Vasquez, Lea) (Entered: 02/25/2019) | |
| 02/25/2019 | 13 | Letter Re Agreed Briefing Schedule and Request for Hearing by David Schwartz (Brooks, Roger) (Entered: 02/25/2019) |
| 02/25/2019 | 14 | NOTICE of Appearance by Alan E. Schoenfeld on behalf of City of New York, Lorelei Salas (aty to be noticed) (Schoenfeld, Alan) (Entered: 02/25/2019) |
| 02/25/2019 | 15 | NOTICE of Appearance by Andrew G. Sokol on behalf of City of New York, Lorelei Salas (aty to be noticed) (Sokol, Andrew) (Entered: 02/25/2019) |
| 03/08/2019 | 16 | NOTICE of Appearance by Beezly J Kiernan on behalf of City of New York, Lorelei Salas (aty to be noticed) (Kiernan, Beezly) (Entered: 03/08/2019) |
| 03/14/2019 | ELECTRONIC SCHEDULING ORDER: Counsel are advised that a Telephonic Status Conference is scheduled for 4/24/2019 at 11:30 AM in Courtroom 10A South before Judge Raymond J. Dearie. Counsel for plaintiff, Roger Brooks, will arrange the telephone conference and privately advise Court and counsel of the call in number and access code. Should counsel have any questions, they are advised to confer with each other and jointly phone Ms. Mulqueen at 718-613-2435. So Ordered by Judge Raymond J. Dearie on 3/14/2019. (Mulqueen, Ellen) (Entered: 03/14/2019) | |
| 03/19/2019 | 17 | NOTICE of Appearance by Jeffrey A. Shafer on behalf of David Schwartz (aty to be noticed) (Shafer, Jeffrey) (Entered: 03/19/2019) |
| 03/28/2019 | 18 | Letter (Cover Letter Regarding Service of Opposition Papers on Counsel) by City of New York, Lorelei Salas (Schoenfeld, Alan) (Entered: 03/28/2019) |
| 04/01/2019 | 19 | Letter MOTION to Adjourn Conference by City of New York, Lorelei Salas. (Schoenfeld, Alan) (Entered: 04/01/2019) |
| 04/02/2019 | ORDER granting 19 Motion to Adjourn Conference: Status Conference rescheduled for April 29, 2019 at 12:00 PM in Courtroom 10A South before Judge Raymond J. Dearie. Should counsel have any further concerns regarding the conference date, they are advised to confer with each other and jointly telephone Ms. Mulqueen at 718-613-2435. So ordered by Judge Raymond J. Dearie on 4/2/2019. (Garcez, Isabela) (Entered: 04/02/2019) | |
| 04/04/2019 | 20 | NOTICE of Appearance by Anne Marie Champion on behalf of The Trevor Project (aty to be noticed) (Champion, Anne) (Entered: 04/04/2019) |
| 04/04/2019 | 21 | Corporate Disclosure Statement by The Trevor Project (Champion, Anne) (Entered: 04/04/2019) |
| 04/04/2019 | 22 | Letter MOTION for Leave to File Document — Amicus Curiae Brief by The Trevor Project. (Attachments: # 1 [Proposed] Amicus Curiae Brief) (Champion, Anne) (Entered: 04/04/2019) |
| 04/05/2019 | ELECTRONIC ORDER granting 22 Motion for Leave to File. Permission to file granted. So ordered by Judge Raymond J. Dearie on 4/5/2019. (Garcez, Isabela) (Entered: 04/05/2019) | |
| 04/11/2019 | 23 | MOTION for Preliminary Injunction by David Schwartz. (Attachments: # 1 Memorandum in Support, # 2 Declaration of David Schwartz, # 3 Declaration of Jeana Hallock) (Brooks, Roger) (Entered: 04/11/2019) |
| 04/11/2019 | 24 | MEMORANDUM in Opposition re 23 MOTION for Preliminary Injunction filed by City of New York, Lorelei Salas. (Attachments: # 1 Declaration of Alan Schoenfeld in Support of Opposition, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6Exhibit E, # 7 Exhibit F, # 8 Declaration of Douglas Heldeman in Support of Opposition, # 9 Exhibit A, # 10 Exhibit B, # 11 Exhibit C, # 12 Exhibit D, # 13 Exhibit E, # 14 Exhibit F, # 15 Declaration of Dr Judith Glassgold, # 16 Exhibit A, # 17 Exhibit B, # 18 Exhibit C, # 19 Exhibit D, # 20 Exhibit E, # 21 Exhibit F, # 22 Exhibit G, # 23Exhibit H, # 24 Exhibit I, # 25 Exhibit J, # 26 Exhibit K, # 27 Exhibit L, # 28 Exhibit M, # 29 Exhibit N, # 30 Exhibit O, # 31 Exhibit P, # 32 Exhibit Q, # 33 Exhibit R, # 34Exhibit S, # 35 Exhibit T, # 36 Exhibit U, # 37 Exhibit V, # 38 Exhibit W, # 39 Exhibit X, # 40 Exhibit Y, # 41 Exhibit Z, # 42 Exhibit AA, # 43 Exhibit BB, # 44 Exhibit CC, # 45 Exhibit DD, # 46 Exhibit EE, # 47 Exhibit FF, # 48 Exhibit GG, # 49 Exhibit HH, # 50 Exhibit II, # 51 Exhibit JJ, # 52 Exhibit KK, # 53 Exhibit LL) (Schoenfeld, Alan) (Entered: 04/11/2019) |
| 04/11/2019 | 25 | REPLY in Support re 23 MOTION for Preliminary Injunction filed by David Schwartz. (Attachments: # 1 Declaration of Lawrence S. Mayer, M.D., Ph.D., # 2 Declaration of Rabbi Weinreb, # 3 Declaration of Jeffrey A. Shafer) (Brooks, Roger) (Entered: 04/11/2019) |
| 04/12/2019 | 26 | MEMORANDUM in Opposition re 23 MOTION for Preliminary Injunction / Brief of Amicus Curiae The Trevor Project in Opposition to Plaintiff’s Motion for Preliminary Injunction filed by The Trevor Project. (Champion, Anne) (Entered: 04/12/2019) |
| 04/18/2019 | 27 | SCHEDULING ORDER: Given the extensive briefing already filed with the Court, the status conference now scheduled for April 29, 2019 does not appear to be necessary. Accordingly, the conference is cancelled and oral argument on Plaintiff’s application for a preliminary injunction will take place on June 17, 2019 at 02:30 PM in Courtroom 10A South before Judge Raymond J. Dearie. Should counsel have any questions, they are advised to confer with each other and jointly phone Ms. Mulqueen at 718-613-2435. So ordered by Judge Raymond J. Dearie on 4/18/2019. (Garcez, Isabela) (Entered: 04/18/2019) |
| 04/18/2019 | SCHEDULING ORDER re 23 MOTION for Preliminary Injunction filed by David Schwartz: Given the extensive briefing already filed with the Court, the status conference now scheduled for April 29, 2019 does not appear to be necessary. Accordingly, the conference is cancelled and oral argument on Plaintiff’s application for a preliminary injunction will take place on June 17, 2019 at 02:30 PM in Courtroom 10A South before Judge Raymond J. Dearie. Should counsel have any questions, they are advised to confer with each other and jointly phone Ms. Mulqueen at 718-613-2435. So ordered by Judge Raymond J. Dearie on 4/18/2019. (Garcez, Isabela) (Entered: 04/18/2019) | |
| 04/25/2019 | 28 | First MOTION to Adjourn Conference by David Schwartz. (Brooks, Roger) (Entered: 04/25/2019) |
| 04/26/2019 | 29 | Letter MOTION for Leave to File Document (Letter Motion for Leave to File Proposed Sur Reply) by City of New York, Lorelei Salas. (Attachments: # 1 Proposed Sur-Reply) (Schoenfeld, Alan) (Entered: 04/26/2019) |
| 04/29/2019 | ORDER granting 29 Motion for Leave to File Sur-Reply. Permission to file granted. So ordered by Judge Raymond J. Dearie on 4/29/2019. (Garcez, Isabela) (Entered: 04/29/2019) | |
| 04/29/2019 | 30 | RESPONSE to Motion re 23 MOTION for Preliminary Injunction (Defendants’ Sur-Reply to Plaintiff’s Motion for Preliminary Injunction) filed by City of New York, Lorelei Salas. (Schoenfeld, Alan) (Entered: 04/29/2019) |
| 04/30/2019 | ELECTRONIC ORDER granting 28 Consent Motion to adjourn Oral Argument. Oral Argument 23 currently scheduled for 6/17/2019 has been rescheduled to 6/19/2019 at 11:00am in Courtroom 10A South before the undersigned. So Ordered by Judge Raymond J. Dearie on 4/30/2019. (Mulqueen, Ellen) (Entered: 04/30/2019) | |
| 06/19/2019 | Minute Entry for proceeding held before Judge Raymond J. Dearie. Case called for Oral Argument on 6/19/2019 re 23 MOTION for Preliminary Injunction filed by David Schwartz. Argument heard. Decision Reserved. (Court Reporter Linda Danelczyk.) (Mulqueen, Ellen) (Entered: 06/20/2019) | |
| 09/09/2019 | 31 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 19, 2019, before Judge Raymond J. Dearie. Court Reporter/Transcriber Linda Danelczyk, Telephone number 718-613-2330. Email address: Linda_Danelczyk@nyed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event “Redaction Request – Transcript” located under “Other Filings – Other Documents”. Redaction Request due 9/30/2019. Redacted Transcript Deadline set for 10/10/2019. Release of Transcript Restriction set for 12/9/2019. (Danelczyk, Linda) (Entered: 09/09/2019) |
| 09/11/2019 | 32 | Letter Addressed to the Honorable Raymond J. Dearie from Alan E. Schoenfeld, re: Recent Developments by City of New York, Lorelei Salas (Attachments: # 1 Exhibit A – Proposed Agenda) (Schoenfeld, Alan) (Entered: 09/11/2019) |
| 09/19/2019 | ELECTRONIC ORDER: In light of the recent efforts by the New York City Council to repeal Local Law 22, as detailed in 32 Defendants’ letter from 9/11/19, the Court invites the parties’ input as to whether it should continue to consider the merits of 23 Plaintiff’s pending motion for a preliminary injunction. So ordered by Judge Raymond J. Dearie on 9/19/2019. (Garcez, Isabela) (Entered: 09/19/2019) | |
| 09/20/2019 | 33 | Letter In Response to Court’s 9/19/2019 Order by David Schwartz (Brooks, Roger) (Entered: 09/20/2019) |
| 09/26/2019 | 34 | Letter Re: Response to Plaintiff’s Letter Dated September 20, 2019 by City of New York, Lorelei Salas (Schoenfeld, Alan) (Entered: 09/26/2019) |
| 10/28/2019 | 35 | Letter Pursuant to the Court’s September 19, 2019 Order, by City of New York, Lorelei Salas (Schoenfeld, Alan) (Entered: 10/28/2019) |
| 11/04/2019 | ELECTRONIC ORDER finding as moot 23 Motion for Preliminary Injunction. So Ordered by Judge Raymond J. Dearie on 11/4/2019. (Mulqueen, Ellen) (Entered: 11/04/2019) | |
| 12/04/2019 | 36 | Letter MOTION for pre motion conference concerning Defendants’ anticipated motion to dismiss the complaint by City of New York, Lorelei Salas. (Schoenfeld, Alan) (Entered: 12/04/2019) |
| 12/11/2019 | 37 | RESPONSE to Motion re 36 Letter MOTION for pre motion conference concerning Defendants’ anticipated motion to dismiss the complaint filed by David Schwartz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Brooks, Roger) (Entered: 12/11/2019) |
| 12/18/2019 | ELECTRONIC ORDER granting 36 Motion for Pre Motion Conference. Counsel are advised that a Pre Motion Conference is scheduled for 3/18/2020 at 12:00 PM in Courtroom 10A South before the undersigned. Should counsel have any concerns regarding the scheduled date, they are advised to confer with each other and jointly phone Ms. Mulqueen at 718-613-2435. So Ordered by Judge Raymond J. Dearie on 12/18/2019. (Mulqueen, Ellen) (Entered: 12/18/2019) | |
| 03/06/2020 | 38 | NOTICE by City of New York, Lorelei Salas (Notice of Withdrawal From Case and Request to Stop Electronic Case Notifications) (Kiernan, Beezly) (Entered: 03/06/2020) |
| 03/06/2020 | Attorney Beezly J Kiernan terminated. So Ordered by Magistrate Judge Steven Tiscione on 3/6/2020. (Vasquez, Lea) (Entered: 03/06/2020) | |
| 03/16/2020 | 39 | Letter MOTION to Adjourn Conference (Joint) by City of New York, Lorelei Salas. (Schoenfeld, Alan) (Entered: 03/16/2020) |
| 03/16/2020 | ELECTRONIC ORDER granting 39 Joint Motion to Adjourn Pre Motion Conference. Counsel advise that they are exploring the possibility of resolving this case; conference scheduled for 3/18/2020 is cancelled. Should counsel wish to have conference restored on the calendar, they are advised to electronically file a letter requesting a new date. So Ordered by Judge Raymond J. Dearie on 3/16/2020. (Mulqueen, Ellen) (Entered: 03/16/2020) | |
| 03/25/2020 | ELECTRONIC ORDER: On or before June 5, 2020, counsel are directed to electronically file a joint status report updating the Court as to where the case stands. So Ordered by Judge Raymond J. Dearie on 3/25/2020. (Mulqueen, Ellen) (Entered: 03/25/2020) | |
| 06/05/2020 | 40 | STATUS REPORT (Joint) by David Schwartz (Brooks, Roger) (Entered: 06/05/2020) |
| 06/08/2020 | ELECTRONIC ORDER re 40 Joint Status Report filed by David Schwartz. Counsel jointly advise that they have reached agreement on the principal terms of a resolution that will include a stipulated dismissal and will render further proceedings unnecessary. Accordingly, counsel shall file a stipulation of dismissal or an updated status report on or before 8/3/2020. So Ordered by Judge Raymond J. Dearie on 6/8/2020. (Mulqueen, Ellen) (Entered: 06/08/2020) | |
| 07/10/2020 | 41 | STIPULATION of Dismissal With Prejudice by David Schwartz (Brooks, Roger) (Entered: 07/10/2020) |
| 07/10/2020 | 42 | STIPULATION of Settlement by David Schwartz (Brooks, Roger) (Entered: 07/10/2020) |
| 07/21/2020 | 43 | STIPULATION Of Dismissal: This action is hereby dismissed with prejudice. The Clerk of Court is directed to close the case. SO Ordered by Judge Raymond J. Dearie on 7/21/2020. (Tavarez, Jennifer) (Main Document 43 replaced on 7/21/2020) (Tavarez, Jennifer). (Entered: 07/21/2020) |
Last updated 08/27/2020
Reconciled with online docket 08/24/2020