N.D.N.Y. 5:21-cv-01031 Docket
New Hope Family Services v. James
No. 5:21-cv-01031, Case History (under construction)
Court: Northern District of New York (Syracuse)
Assigned to: Judge Mae A. D’Agostino
Referred to: Magistrate Judge Therese Wiley Dancks
| Date Filed | # | Docket Text |
| 09/17/2021 | 1 | VERIFIED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against Letitia James, Licha Nyiendo, Melissa Franco, Gina Martinez, Julia Day, and William Fitzpatrick.(Filing fee $402 receipt number ANYNDC-5651934) filed by New Hope Family Services, Inc. (Attachments: # 1 Civil Cover Sheet)(ztc, ) (Entered: 09/20/2021) |
| 09/17/2021 | 2 | FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by New Hope Family Services, Inc. (ztc, ) (Entered: 09/20/2021) |
| 09/20/2021 | 3 | Summons Issued as to Letitia James. (Attachments: # 1 Summons issued as to Licha Nyiendo, # 2 Summons issued as to Melissa Franco, # 3 Summons Issued as to Gina Martinez, # 4 Summons issued as to Julia Day, # 5 Summons issued as to William Fitzpatrick)(ztc, ) (Entered: 09/20/2021) |
| 09/20/2021 | 4 | G.O. 25 FILING ORDER ISSUED: Initial Conference set for 12/20/2021 09:30 AM 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 12/13/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc, ) (Entered: 09/20/2021) |
| 09/20/2021 | TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 5:18-cv-01419. (ztc, ) (Entered: 09/20/2021) | |
| 09/20/2021 | 5 | 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. (ztc, ) (Entered: 09/20/2021) |
| 09/20/2021 | 6 | NOTICE of Admission Requirement as to Party New Hope Family Services, Inc.; Attorney Roger Brooks, Esq., Email address is rbrooks@adflegal.org. Phone number is (480) 444-0020. Admissions due by 10/4/2021. (ztc, ) (Entered: 09/20/2021) |
| 09/20/2021 | 7 | NOTICE of Admission Requirement as to Party New Hope Family Services, Inc.; Attorney Mark Lippelmann, Esq., Email address is mlippelmann@adflegal.org. Phone number is (480) 444-0020. Admissions due by 10/4/2021. (ztc, ) (Entered: 09/20/2021) |
| 09/20/2021 | 8 | NOTICE of Admission Requirement as to Party New Hope Family Services, Inc.; Attorney Jeremiah Galus, Esq., Email address is jgalus@ADFlegal.org. Phone number is (480) 444-0020. Admissions due by 10/4/2021. (ztc, ) (Entered: 09/20/2021) |
| 09/20/2021 | 9 | TEXT ORDER granting Direct Assignment. The cases are deemed related. Signed by U.S. District Judge Mae A. D’Agostino on 9/20/21. (ban) (Entered: 09/20/2021) |
| 09/24/2021 | 10 | MOTION for Limited Admission Pro Hac Vice of Mark Lippelmann Filing fee $100, receipt number ANYNDC-5660222. (Attachments: # 1 Declaration of Sponsor, # 2Petition for Admission, # 3 Attorney E-Filing Registration Form, # 4 Certificate of Good Standing, # 5 Proposed Order) Motions referred to Therese Wiley Dancks. (Scruggs, Jonathan) (Entered: 09/24/2021) |
| 09/27/2021 | 11 | TEXT ORDER granting 10 Motion for Limited Admission Pro Hac Vice of Mark Lippelmann, Esq. 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 9/27/2021. (sg) (Entered: 09/27/2021) |
| 09/27/2021 | 12 | NOTICE of Appearance by Mark Lippelmann on behalf of New Hope Family Services, Inc. (Lippelmann, Mark) (Entered: 09/27/2021) |
| 09/27/2021 | 13 | MOTION for Limited Admission Pro Hac Vice of Jeremiah Galus Filing fee $100, receipt number ANYNDC-5661943. (Attachments: # 1 Declaration of Sponsor, # 2 Petition for Admission, # 3 Attorney E-Filing Registration Form, # 4 Certificate of Good Standing, # 5Proposed Order) Motions referred to Therese Wiley Dancks. (Scruggs, Jonathan) (Entered: 09/27/2021) |
| 10/01/2021 | 14 | NOTICE of Appearance by Roger Greenwood Brooks on behalf of All Plaintiffs (Brooks, Roger) (Entered: 10/01/2021) |
| 10/04/2021 | 15 | TEXT ORDER granting 13 Motion for Limited Admission Pro Hac Vice of Jeremiah Galus, Esq. 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 10/4/2021. (sg) (Entered: 10/04/2021) |
| 10/04/2021 | 16 | NOTICE of Appearance by Jeremiah Galus on behalf of New Hope Family Services, Inc. (Galus, Jeremiah) (Entered: 10/04/2021) |
| 10/05/2021 | 17 | AFFIDAVIT of Service for Summons, Complaint, and Court Notice served on Letitia James on 09/24/2021, filed by New Hope Family Services, Inc.. (Lippelmann, Mark) (Entered: 10/05/2021) |
| 10/05/2021 | 18 | AFFIDAVIT of Service for Summons, Complaint, and Court Notice served on William Fitzpatrick on 09/24/2021, filed by New Hope Family Services, Inc.. (Lippelmann, Mark) (Entered: 10/05/2021) |
| 10/06/2021 | ***Answer due date updated for Letitia James answer due 10/27/2021. (ztc, ) (Entered: 10/06/2021) | |
| 10/06/2021 | ***Answer due date updated for William Fitzpatrick answer due 10/15/2021; Letitia James answer due 10/15/2021. (ztc, ) (Entered: 10/06/2021) | |
| 10/06/2021 | CLERK’S CORRECTION OF DOCKET ENTRY re Set/Reset Answer Deadline, Clerk inadvertently set the Answer deadline for 10/27/2021 for Def. Letitia James. The correct answer deadline is 10/15/2021. (ztc, ) (Entered: 10/06/2021) | |
| 10/12/2021 | 19 | NOTICE of Appearance by John E. Heisler, Jr on behalf of William Fitzpatrick (Heisler, John) (Entered: 10/12/2021) |
| 10/15/2021 | 20 | Letter Motion from Adrienne J. Kerwin for Letitia James requesting extension of time to respond to the Complaint submitted to Judge Dancks . (Kerwin, Adrienne) (Entered: 10/15/2021) |
| 10/15/2021 | 21 | ANSWER to 1 Complaint, by William Fitzpatrick.(Heisler, John) (Entered: 10/15/2021) |
| 10/15/2021 | 22 | TEXT ORDER: Court has reviewed letter motion (Dkt. No. 20 ) requesting an extension of time for defendant James to respond to the complaint which is granted as follows: defendant James’ response to the complaint is due 11/15/2021. Plaintiff is directed to file affidavits of service for defendants Nyiendo, Martinez, and Day by 10/20/2021 if they have already been served, and if not, then within seven (7) days of effectuating service on those defendants. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/15/2021. (sg) (Entered: 10/15/2021) |
| 10/15/2021 | 23 | Pre-Motion Letter by New Hope Family Services, Inc. requesting a pre-motion conference submitted to Judge D’Agostino. MAD Pre-Motion Response Deadline 10/20/2021 (Lippelmann, Mark) (Entered: 10/15/2021) |
| 10/15/2021 | 24 | AFFIDAVIT of Service for Summons, Complaint, and Court Notice served on Julia Day on 10/06/21, filed by New Hope Family Services, Inc.. (Lippelmann, Mark) (Entered: 10/15/2021) |
| 10/18/2021 | ***Answer due date updated for Julia Day answer due 10/27/2021. (ztc, ) (Entered: 10/18/2021) | |
| 10/18/2021 | 25 | AFFIDAVIT of Service for Summons, Complaint, and Court Notice served on Gina Martinez on 10/12/21, filed by New Hope Family Services, Inc.. (Lippelmann, Mark) (Entered: 10/18/2021) |
| 10/18/2021 | 26 | AFFIDAVIT of Service for Summons, Complaint, and Court Notice served on Licha Nyiendo on 10/12/21, filed by New Hope Family Services, Inc.. (Lippelmann, Mark) (Entered: 10/18/2021) |
| 10/18/2021 | 27 | AFFIDAVIT of Service for Summons, Complaint, and Court Notice served on Melissa Franco on 10/12/21, filed by New Hope Family Services, Inc.. (Lippelmann, Mark) (Entered: 10/18/2021) |
| 10/19/2021 | ***Answer due date updated for Melissa Franco answer due 11/2/2021; Gina Martinez answer due 11/2/2021; Licha Nyiendo answer due 11/2/2021. (ztc, ) (Entered: 10/19/2021) | |
| 10/19/2021 | 28 | Pre-Motion Letter by Julia Day, Melissa Franco, Letitia James, Gina Martinez, Licha Nyiendo requesting a pre-motion conference submitted to Judge D’Agostino. MAD Pre-Motion Response Deadline 10/22/2021 (Kerwin, Adrienne) (Entered: 10/19/2021) |
| 10/21/2021 | 29 | NOTICE of Appearance by David A. Cortman on behalf of New Hope Family Services, Inc. (Cortman, David) (Entered: 10/21/2021) |
| 10/22/2021 | 30 | Pre-Motion Response to 28 Pre-Motion Letter by Julia Day, Melissa Franco, Letitia James, Gina Martinez, Licha Nyiendo requesting a pre-motion conference submitted to Judge D’Agostino . (Brooks, Roger) (Entered: 10/22/2021) |
| 10/25/2021 | TEXT Minute Entry for Telephone Pre-Motion Conference held on 10/25/2021 before U.S. District Judge Mae A. D’Agostino: Appearances by Roger Brooks, Esq. and Mark Lippelmann, Esq. for the Plaintiff; Adrienne Kerwin, AAG for NYS Defendants; John Heisler, Jr., Esq. for defendant Fitzpatrick; Judge D’Agostino addresses the pre-motion letters filed by the plaintiff and NYS Defendants; Counsel address the Court with their justifications for making motions at this stage of the case – after hearing from counsel, Judge D’Agostino will permit the Plaintiff’s to file their motion for injunctive relief. The plaintiff’s motion will be filed this week; The NYS defendants will cross-move to dismiss; Defendant Fitzpatrick has already filed an answer to the complaint, and does not intend to make any motions at this time; The Motion will be expedited, if possible. (Court Reporter Lisa Tennyson,CRD Britney Norton [Time 11:00/11:15 a.m. – 11:28 a.m.]) (ban) (Entered: 10/25/2021) | |
| 10/26/2021 | 31 | MOTION for Preliminary Injunction filed by New Hope Family Services, Inc.. Motion returnable before Judge D’Agostino Response to Motion due by 11/16/2021. Reply to Response to Motion due by 11/23/2021 (Attachments: # 1Memorandum of Law, # 2 Exhibit(s) 1- Lippelmann Declaration, # 3 Exhibit(s) 2- Geyer Affidavit, # 4 Exhibit(s) 3- Jerman Affidavit, # 5 Exhibit(s) 4- Loscombe Affidavit, # 6 Exhibit(s) 5- E. Bleuer Affidavit, # 7 Exhibit(s) 6- Stultz Affidavit, # 8 Exhibit(s) 7- Johnston Affidavit, # 9 Exhibit(s) 8- J. Bleuer Affidavit, # 10Proposed Order/Judgment) (Lippelmann, Mark) (Entered: 10/26/2021) |
| 10/27/2021 | 32 | NOTICE by William Fitzpatrick that William Fitzpatrick does not intend to oppose the motion for a preliminary injunction (Dkt. No. 31) filed by New Hope Family Services, Inc. (Heisler, John) (Entered: 10/27/2021) |
| 11/04/2021 | 33 | TEXT ORDER: In light of the pending motion for preliminary injunction (Dkt. No. 31 ) and the anticipated cross-motion of defendants to dismiss (see Text Minute Entry 10/25/2021), the Rule 16 conference and related deadlines are adjourned and will be reset as necessary in the future. While the dates for defendants Nyiendo, Franco, Martinez, and Day to respond to the complaint have passed, for clarification the Court sets the time for all defendants to respond to the complaint to the date the cross-motion to dismiss is due which, per Dkt. No. 31, is 11/16/2021. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/4/2021. (sg) (Entered: 11/04/2021) |
| 11/16/2021 | 34 | RESPONSE in Opposition re 31 MOTION for Preliminary Injunction filed by New Hope Family Services, Inc.. Motion returnable before Judge D’Agostino and CROSS-MOTION TO DISMISS filed by Julia Day, Melissa Franco, Letitia James, Gina Martinez, Licha Nyiendo. (Attachments: # 1 Declaration of Gina N. Martinez, # 2 Exhibit(s) A to Martinez Decl., # 3 Exhibit(s) B to Martinez Decl., # 4Exhibit(s) C to Martinez Decl., # 5 Exhibit(s) D tp Martine Decl., # 6 Memorandum of Law)(Kerwin, Adrienne) (Attachment 2 replaced on 11/17/2021) (ban, ). Modified on 11/17/2021 (ban). (Entered: 11/16/2021) |
| 11/16/2021 | 35 | NOTICE by Julia Day, Melissa Franco, Letitia James, Gina Martinez, Licha Nyiendo re 34 Response in Opposition to Motion,, Replacement for ECF No. 34-2 (Exh. A to Martinez Decl.) (Kerwin, Adrienne) (Entered: 11/16/2021) |
| 11/17/2021 | CLERK’S CORRECTION OF DOCKET ENTRY re 34 Response in Opposition to Motion,, 35 Corrected Exhibit A: The Clerk corrected docket entry no. 34 to include corrected exhibit A to the Martinez Declaration. Exhibit A is now correctly attached to docket entry no. 34, and is also available at docket entry no. 35. ) (Entered: 11/17/2021) | |
| 11/17/2021 | 36 | NOTICE by William Fitzpatrick of no intent to oppose the cross motion (Dkt. No. 34) filed by Letitia James, Licha Nyiendo, Gina Martinez, Julia B. Day, and Melissa Franco (Heisler, John) (Entered: 11/17/2021) |
| 11/23/2021 | 37 | RESPONSE in Opposition re 34 MOTION to Dismiss. and Memorandum in Further Support of Motion for Preliminary Injunction filed by New Hope Family Services, Inc.. (Lippelmann, Mark) (Entered: 11/23/2021) |
| 09/08/2022 | 38 | TEXT ORDER: The parties are directed to file a letter brief not to exceed three pages addressing what effect, if any, the September 6, 2022 Memorandum-Decision and Order in New Hope Family Services, Inc. v. Poole (5:18-CV-1419, Dkt. No. 80) has on motions currently pending before the Court. The parties should also address the status of the underlying investigation by the New York State Division of Human Rights. The letter briefs must be filed no later than Wednesday, September 14, 2022. Signed by U.S. District Judge Mae A. D’Agostino on 9/8/22. (ban) (Entered: 09/08/2022) |
| 09/09/2022 | 39 | LETTER BRIEF by William Fitzpatrick. (Heisler, John) (Entered: 09/09/2022) |
| 09/14/2022 | 40 | LETTER BRIEF Regarding the Effect of this Courts September 6, 2022 Memorandum-Decision and Order in New Hope Family Services, Inc. v. Poole by New Hope Family Services, Inc.. (Attachments: # 1 Exhibit 1)(Lippelmann, Mark) (Entered: 09/14/2022) |
| 09/14/2022 | 41 | LETTER BRIEF by Julia Day, Melissa Franco, Letitia James, Gina Martinez, Licha Nyiendo. (Kerwin, Adrienne) (Entered: 09/14/2022) |
| 09/28/2022 | 42 | MEMORANDUM-DECISION AND ORDER granting 31 Motion for Preliminary Injunction; denying 34 Motion to Dismiss: The Court hereby ORDERS that Defendants’ cross motion to dismiss (Dkt. No. 34) is DENIED, and the Court further ORDERS that New Hope’s motion for a preliminary injunction (Dkt. No. 31) is GRANTED; and the Court further ORDERS that Defendants are enjoined from directly or indirectly enforcing New York Executive Law § 296 or Civil Rights Law § 40-c against New Hope insofar as they would impose any penalty on New Hope for referring same-sex couples or unmarried cohabitating couples to other agencies rather than providing them adoption services during the pendency of this litigation; and the Court further ORDERS that, seeing no request from either party, New Hope is not required to post a bond or undertaking as security for granting the above- mentioned preliminary injunction at this time; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D’Agostino on 9/28/22. (ban) (Entered: 09/28/2022) |
| 09/28/2022 | ***Answer due date updated for defendants Julia Day, Melissa Franco, Letitia James, Gina Martinez, and Licha Nyiendo: answer to Complaint due 10/12/2022. (sg ) (Entered: 09/28/2022) | |
| 09/28/2022 | TEXT NOTICE of Initial Conference: The Telephone Initial Conference has been set for 10/24/2022 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed NO LATER THAN 10/17/2022 and Mandatory Disclosures are to be exchanged by the parties on or before 10/17/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 2344. (sg) (Entered: 09/28/2022) | |
| 10/11/2022 | 43 | Letter Motion from Adrienne J. Kerwin for Julia Day, Melissa Franco, Letitia James, Gina Martinez, Licha Nyiendo requesting 2 day extension of time to file answer submitted to Judge Dancks . (Kerwin, Adrienne) (Entered: 10/11/2022) |
| 10/12/2022 | 44 | TEXT ORDER: Court has reviewed the 43 Letter Request by defendants James, Nyiendo, Franco, Martinez and Day for an extension of time to file an Answer, which does not state a good cause reason for the request. However, the request is granted and defendants’ James, Nyiendo, Franco, Martinez, and Day answer is due 10/14/2022. Future requests for extensions of any deadlines must be supported by a good cause reason for the request, even if the parties stipulate. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/12/2022. (sg) (Entered: 10/12/2022) |
| 10/14/2022 | 45 | ANSWER to 1 Complaint, by Julia Day, Melissa Franco, Letitia James, Gina Martinez, Licha Nyiendo.(Kerwin, Adrienne) (Entered: 10/14/2022) |
| 10/17/2022 | 46 | CIVIL CASE MANAGEMENT PLAN by New Hope Family Services, Inc.. (Lippelmann, Mark) (Entered: 10/17/2022) |
| 10/24/2022 | TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 10/24/2022. Appearances: Mark Lippelman, Esq. for Plaintiff; Adrienne Kerwin, Esq. and John Heisler, Esq.for Defendants. Court reviews Civil Case Management Plan. Case is opted out of Mandatory Mediation. No jury demand filed, parties confirm case will proceed with a bench trial. Pretrial deadlines are established, a scheduling order and order opting the case out of mediation will be issued. (sg ) (Entered: 10/24/2022) | |
| 10/25/2022 | 47 | UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of bench trial: 3 days, to be held at Albany NY. Rule 33 and 34 Requests to be served by 11/14/2022. Joinder of Parties due by 11/7/2022. Amended Pleadings due by 11/7/2022. Discovery due by 1/31/2023. Discovery Motions due 2/14/2023. Dispositive Motions to be filed by 3/31/2023. Case opted out of Mandatory Mediation. Signed by Magistrate Judge Therese Wiley Dancks on 10/25/2022. (sg) (Entered: 10/25/2022) |
| 10/25/2022 | 48 | TEXT ORDER Removing Case from Mandatory Mediation Program: After discussion with counsel during the 10/24/2022 Rule 16 Conference, Court has opted this case out of Mandatory Mediation. Should the parties decide they wish to revisit mediation, a letter request should be made to the Court. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/25/2022. (sg) (Entered: 10/25/2022) |
| 10/25/2022 | 49 | TEXT STATUS REPORT ORDER: Attorney Kerwin is directed to file a joint status report by 1/23/2023 reporting on the following: status of discovery, whether R. 33 and 34 Requests have been timely served and responded to, any discovery issues, and depositions scheduled, if any. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/25/2022. (sg) (Entered: 10/25/2022) |
Last updated 11/17/2022
Reconciled with online docket 11/11/2022