W.D.N.Y. 6:21-cv-06303 Docket
Carpenter v. James
No. 6:21-cv-06303, Case History (under construction)
Court: Western District of New York (Rochester)
Assigned to: Judge Frank P. Geraci, Jr.
| Date Filed | # | Docket Text |
| 04/06/2021 | 1 | COMPLAINT against All Defendants $ 402 receipt number 0209-4210224, filed by Emilee Carpenter, LLC, Emilee Carpenter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet, # 4 Summons to Letitia James, # 5 Summons to Johnathan J. Smith, # 6 Summons to Weedon Wetmore)(Scruggs, Jonathan) (Entered: 04/06/2021) |
| 04/06/2021 | 2 | Corporate Disclosure Statement by Emilee Carpenter, Emilee Carpenter, LLC. (Scruggs, Jonathan) (Entered: 04/06/2021) |
| 04/06/2021 | 3 | MOTION for Preliminary Injunction by Emilee Carpenter, Emilee Carpenter, LLC. (Attachments: # 1 Memorandum in Support of Plaintiffs’ Preliminary Injunction Motion, # 2 Filed Verified Complaint and Exhibits 1-2, # 3 Notice of Preliminary Injunction Motion, # 4 List of Witnesses and Exhibits fore Preliminary Injunction Hearing, # 5 Declaration Declaration of Emilee Carpenter in Support of Plaintiffs’ Motion for Preliminary Injunction, # 6 Appendix Table of Contents to Appendix in Support of Plaintiffs’ Motion for Preliminary Injunction, # 7 Appendix Appendix in Support of Plaintiffs’ Motion for Preliminary Injunction, # 8 Text of Proposed Order Granting Plaintiffs’ Motion for Preliminary Injunction)(Scruggs, Jonathan) (Entered: 04/06/2021) |
| 04/07/2021 | Case assigned to Hon. Frank P. Geraci, Jr.. Notification to Chambers of on-line civil opening. (TF) (Entered: 04/07/2021) | |
| 04/07/2021 | Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (TF) (Entered: 04/07/2021) | |
| 04/07/2021 | AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TF) (Entered: 04/07/2021) | |
| 04/07/2021 | 4 | Summons Issued as to Leticia James, Johnathan J. Smith, Weedon Wetmore. (Attachments: # 1 summons, # 2 summons)(TF) (Entered: 04/07/2021) |
| 04/27/2021 | 5 | AFFIDAVIT of Service for Summons, Complaint, Preliminary Injunction Motion and Related Documents served on Letitia James on April 23, 2021, filed by Emilee Carpenter, Emilee Carpenter, LLC. (Scruggs, Jonathan) (Entered: 04/27/2021) |
| 04/27/2021 | 6 | AFFIDAVIT of Service for Summons, Complaint, Preliminary Injunction Motion and Related Documents served on Johnathan J. Smith on April 23, 2021, filed by Emilee Carpenter, Emilee Carpenter, LLC. (Scruggs, Jonathan) (Entered: 04/27/2021) |
| 04/27/2021 | 7 | AFFIDAVIT of Service for Summons, Complaint, Preliminary Injunction Motion and Related Documents served on Weedon Wetmore on April 23, 2021, filed by Emilee Carpenter, LLC, Emilee Carpenter., SUMMONS Returned Executed by Emilee Carpenter, LLC, Emilee Carpenter. Weedon Wetmore served on 4/23/2021, answer due 5/14/2021. (Scruggs, Jonathan) (Entered: 04/27/2021) |
| 04/27/2021 | RE: 5 and 6 – SUMMONS Returned Executed by Emilee Carpenter, LLC, Emilee Carpenter. Leticia James served on 4/23/2021, answer due 5/14/2021; Johnathan J. Smith served on 4/23/2021, answer due 5/14/2021. (TF) (Entered: 04/28/2021) | |
| 04/28/2021 | 8 | NOTICE of Appearance by Mohammad Hyder Hussain on behalf of Weedon Wetmore (Hussain, Mohammad) (Entered: 04/28/2021) |
| 05/05/2021 | 9 | NOTICE of Appearance by Heather Lynn McKay on behalf of Leticia James, Johnathan J. Smith (McKay, Heather) (Entered: 05/05/2021) |
| 05/06/2021 | 10 | MOTION to appear pro hac vice for Bryan D. Neihart ( Filing fee $ 200 receipt number 0209-4239735.) by Emilee Carpenter, Emilee Carpenter, LLC. (Attachments: # 1 Exhibit A to Pro Hac Vice Notice, # 2 Text of Proposed Order)(Dague, Raymond) (Entered: 05/06/2021) |
| 05/06/2021 | 11 | MOTION for Extension of Time to File Response/Reply as to 1 Complaint, 3 MOTION for Preliminary Injunction by Emilee Carpenter, Emilee Carpenter, LLC.(Scruggs, Jonathan) (Entered: 05/06/2021) |
| 05/10/2021 | 12 | ORDER granting 11 Motion for Extension of Time to File Response/Reply. Defendants’ responsive pleading to Plaintiffs’ complaint and response to Plaintiffs’ preliminary injunction motion are each due on or before June 16, 2021. Plaintiffs’ response to Defendants’ responsive pleading (if any) and Plaintiffs’ reply in support of their preliminary injunction motion are each due on or before July 7, 2021. Defendants’ reply in support of their responsive pleading (if any) is due on or before July 21, 2021. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 05/10/2021. (SFR) (Entered: 05/10/2021) |
| 05/10/2021 | 13 | ORDER granting 10 Motion for Pro Hac Vice. Signed by Hon. Frank P. Geraci, Jr. on 5/10/2021. (TF) (Entered: 05/10/2021) |
| 06/02/2021 | 14 | MOTION to appear pro hac vice ( Filing fee $ 200 receipt number 0209-4264481.) by Beth A. Parlato. (Attachments: # 1 Affidavit of Beth Parlato in Support, # 2 Declaration of Beth Parlato in Support, # 3 Affidavit of Sponsor Arthur Baumeister, # 4 Attorney Oath, # 5 Text of Proposed Order, # 6 ECF Registration)(Baumeister, Arthur) (Entered: 06/02/2021) |
| 06/03/2021 | Confirmed admission to NY state bar for attorney Beth A. Parlato. (KM) (Entered: 06/03/2021) | |
| 06/04/2021 | 15 | MOTION for Leave to File Amici Brief by State of Nebraska. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Marcelle, Thomas) (Entered: 06/04/2021) |
| 06/04/2021 | 16 | MOTION to appear pro hac vice ( Filing fee $ 200 receipt number 0209-4266537.) by State of Nebraska. (Attachments: # 1 Affidavit Sponsor Form, # 2 Affidavit PHV form, # 3 Text of Proposed Order)(Marcelle, Thomas) (Entered: 06/04/2021) |
| 06/04/2021 | 17 | ORDER granting 14 Motion for Pro Hac Vice. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 06/04/2021. (SFR) (Entered: 06/04/2021) |
| 06/04/2021 | 18 | MOTION for Leave to File Amici Brief on behalf of New Yorker’s Family Research Foundation and New Yorkers for Constitutional Freedoms by Beth A. Parlato. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support)(Baumeister, Arthur) (Entered: 06/04/2021) |
| 06/07/2021 | E-Filing Notification regarding docket which was modified to correctly show the amicus parties. (KM) (Entered: 06/07/2021) | |
| 06/08/2021 | 19 | ORDER granting 15 Motion for Leave to File Amici Brief. Signed by Hon. Frank P. Geraci, Jr. on 6/7/2021. (TF) (Entered: 06/08/2021) |
| 06/08/2021 | 20 | ORDER granting 18 Motion for Leave to File Amici Curiae Brief. Signed by Hon. Frank P. Geraci, Jr. on 6/7/2021. (TF) (Entered: 06/08/2021) |
| 06/08/2021 | 21 | ORDER granting 16 Motion for Pro Hac Vice by State of Nebraska. Signed by Hon. Frank P. Geraci, Jr. on 6/7/2021. (TF) (Entered: 06/08/2021) |
| 06/10/2021 | 22 | MEMORANDUM/BRIEF re 19 Order on Motion for Leave to File by State of Nebraska, Alabama, Arkansas, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Oklahoma, South Carolina, Texas, Utah, and West Virginia. (Marcelle, Thomas) (Entered: 06/10/2021) |
| 06/10/2021 | 23 | MEMORANDUM/BRIEF Order on Motion for Leave to file by New Yorker’s Family Research Foundation and New Yorkers for Constitutional Freedoms. (Parlato, Beth) (Entered: 06/10/2021) |
| 06/16/2021 | 24 | First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM FRCP 12(b)(6), 12(h)(2)(B), Second MOTION to Dismiss for Lack of Jurisdiction FRCP 12(b)(l), Third MOTION for Judgment on the Pleadings FRCP 12(c); FRCP 12(h)(2)(B), Fourth MOTION for More Definite Statement FRCP 12(b)(e), Fifth MOTION for Extension of Time to File Answer re 3 MOTION for Preliminary Injunction FRCP 12(a)(4), MOTION to Strike 3 MOTION for Preliminary Injunction FRCP 12(b)(f) by Weedon Wetmore. (Attachments: # 1Affidavit, # 2 Memorandum in Support)(Hussain, Mohammad) (Entered: 06/16/2021) |
| 06/16/2021 | 25 | MEMORANDUM OF LAW IN SUPPORT OF STATE DEFENDANTS MOTION TO DISMISS by Leticia James, Johnathan J. Smith. (Attachments: # 1 Memorandum in Support of State Defendants’ Motion to Dismiss)(McKay, Heather) Modified docket text on 6/17/2021 (LB). (Entered: 06/16/2021) |
| 06/16/2021 | 26 | MEMORANDUM in Opposition re 3 MOTION for Preliminary Injunction filed by Leticia James, Johnathan J. Smith. (Attachments: # 1 Declaration of Johnathan J. Smith with Exhibits A-L, # 2 Declaration of Heather L. McKay with Exhibits M-O, # 3 Declaration of Jessica Clarke with Exhibits Q-S)(McKay, Heather) (Entered: 06/16/2021) |
| 06/17/2021 | E-Filing Notification regarding 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM: Memorandum filed improperly as a motion. Clerk terminated motion and modified docket text to correctly reflect filing event. ACTION REQUIRED: A Notice of Motion is required; docket using Motion and link to 25 Memorandum. (LB) (Entered: 06/17/2021) | |
| 06/17/2021 | 27 | Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Leticia James, Johnathan J. Smith. (Attachments: # 1 Memorandum in Support)(McKay, Heather) (Entered: 06/17/2021) |
| 06/21/2021 | 28 | MOTION Leave to File Amicus Curiae Brief by Frederick Douglass Foundation, Coalition of African American Pastors, Conservative Clergy of Color, The Restoration Project. (Attachments: # 1 Memorandum in Support Memorandum in Support, # 2 Supplement Proposed Amicus Curiae Brief)(Vecchio, Philip) (Entered: 06/21/2021) |
| 06/23/2021 | 29 | NOTICE of Appearance by Sandra Elizabeth Pullman on behalf of Leticia James (Pullman, Sandra) (Entered: 06/23/2021) |
| 06/23/2021 | 30 | MOTION FOR LEAVE TO APPEAR AS AMICI CURIAE/MOTION for Leave to File Amicus Brief in Support of Defendants by New York Civil Liberties Union Foundation, American Civil Liberties Union Foundation. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Text of Proposed Order)(Larios, Gabriella) Modified on 6/24/2021 (TF). (Entered: 06/23/2021) |
| 06/23/2021 | 31 | MOTION to appear pro hac vice ( Filing fee $ 200 receipt number 0209-4284446.) by American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Larios, Gabriella) (Entered: 06/23/2021) |
| 06/23/2021 | 32 | MOTION to appear pro hac vice ( Filing fee $ 200 receipt number 0209-4284478.) by American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Larios, Gabriella) (Entered: 06/23/2021) |
| 06/23/2021 | 33 | MOTION to appear pro hac vice by amici curia Religious and Civil-Rights Organizations ( Filing fee $ 200 receipt number 0209-4284743.) by Americans United for Separation of Church and State. (Attachments: # 1 Exhibit Admission Petition Form with Sponsor Affidavit, Attorney’s & Civility Oaths and Attorney Database & ECF Registration, # 2 Text of Proposed Order)(Santiago, Fernando) (Entered: 06/23/2021) |
| 06/23/2021 | 34 | MOTION to appear pro hac vice of Kenneth D. Upton, Jr. ( Filing fee $ 200 receipt number 0209-4284744.) by Americans United for Separation of Church and State. (Attachments: # 1 Exhibit Admission Petition Form with Sponsor Affidavit, Attorney’s & Civility Oaths and Attorney Database & ECF Registration, # 2 Text of Proposed Order)(Santiago, Fernando) (Entered: 06/23/2021) |
| 06/23/2021 | 35 | MOTION to appear pro hac vice of Sarah R. Goetz ( Filing fee $ 200 receipt number 0209-4284745.) by Americans United for Separation of Church and State. (Attachments: # 1 Exhibit Admission Petition Form with Sponsor Affidavit, Attorney’s & Civility Oaths and Attorney Database & ECF Registration, # 2 Text of Proposed Order)(Santiago, Fernando) (Entered: 06/23/2021) |
| 06/23/2021 | 36 | MOTION for Leave to File Amicus Curaie Brief by amici curiae Religious and Civil-Rights Organizations Americans United for Separation of Church and State,ADL (Anti-Defamation League), Bend the Arc: A Jewish Partnership for Justice, Central Conference of American Rabbis, Global Justice Institute, Metropolitan Community Churches, Hindu American Foundation, Men of Reform Judaism, Methodist Federation for Social Action, National Council of Jewish Women, New York Conference, United Church of Christ, Reconstructionist Rabbinical Association, Union for Reform Judaism and Women of Reform Judaism by Americans United for Separation of Church and State. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Santiago, Fernando) (Entered: 06/23/2021) |
| 06/24/2021 | E-Filing Notification: modified entry re 30 MOTION for Leave to File Amicus Brief and incorrect party role chosen, party Americans United for Separation of Church and State removed as defendant.(TF) (Entered: 06/24/2021) | |
| 06/28/2021 | 37 | MOTION to appear pro hac vice for Adam M. Cambier ( Filing fee $ 200 receipt number 0209-4288123.) by Commonwealth of Massachusetts. (Attachments: # 1 Petition for Attorney Admission, # 2 Affidavit of Sponsor, # 3 Attorney Oath, # 4 ECF Registration)(Schoenfeld, Alan) (Entered: 06/28/2021) |
| 06/28/2021 | 38 | PROPOSED ORDER RE STATES MOTION FOR LEAVE TO FILE AMICI CURIAE BRIEF by Coalition of African American Pastors, Conservative Clergy of Color, Frederick Douglass Foundation, The Restoration Project.(Vecchio, Philip) Modified on 6/29/2021 (TF). (Entered: 06/28/2021) |
| 06/29/2021 | E-Filing Notification: Document filed improperly as a motion. Court terminated motion and modified docket text to correctly reflect filing event. No action required. 38 Amended MOTION for Leave to File Amici Curiae Brief (TF) (Entered: 06/29/2021) | |
| 06/29/2021 | E-Filing Notification: 37 MOTION to appear Pro Hac Vice for Adam M. Gambier: Sponsoring Affidavit is missing date of admission to the Western District of New York. ACTION REQUIRED: Re-file completed document using docketing event Continuation of Exhibits. (DDS) (Entered: 06/29/2021) | |
| 06/29/2021 | 39 | CONTINUATION OF EXHIBITS by Commonwealth of Massachusetts. to 37 MOTION to appear pro hac vice for Adam M. Cambier ( Filing fee $ 200 receipt number 0209-4288123.) filed by Commonwealth of Massachusetts. (Schoenfeld, Alan) (Entered: 06/29/2021) |
| 07/01/2021 | 40 | TEXT ORDER granting 28 Motion for Leave to File Amicus Curiae Brief by Frederick Douglass Foundation, Coalition of African American Pastors, Conservative Clergy of Color, The Restoration Project. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 07/01/2021. (SFR) (Entered: 07/01/2021) |
| 07/01/2021 | 41 | TEXT ORDER granting 37 Motion for Pro Hac Vice. The application of Adam M. Cambier to be admitted pro hac vice to this Court is GRANTED. Signed by Hon. Frank P. Geraci, Jr. on 07/01/2021. (SFR) (Entered: 07/01/2021) |
| 07/01/2021 | 42 | TEXT ORDER granting 30 Motion for Leave to File by New York Civil Liberties Union Foundation, American Civil Liberties Union Foundation. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 07/01/2021. (SFR) (Entered: 07/01/2021) |
| 07/01/2021 | 43 | TEXT ORDER granting 31 Motion for Pro Hac Vice. The application of Lindsey Kaley to be admitted pro hac vice to this Court is GRANTED. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 07/01/2021. (SFR) (Entered: 07/01/2021) |
| 07/01/2021 | 44 | TEXT ORDER granting 32 Motion for Pro Hac Vice. The application of Rica Prasad to be admitted pro hac vice to this Court is GRANTED. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 07/01/2021. (SFR) (Entered: 07/01/2021) |
| 07/01/2021 | 45 | TEXT ORDER granting 36 Motion for Leave to File by Religious and Civil-Rights Organizations Americans United for Separation of Church and State,ADL (Anti-Defamation League), Bend the Arc: A Jewish Partnership for Justice, Central Conference of American Rabbis, Global Justice Institute, Metropolitan Community Churches, Hindu American Foundation, Men of Reform Judaism, Methodist Federation for Social Action, National Council of Jewish Women, New York Conference, United Church of Christ, Reconstructionist Rabbinical Association, Union for Reform Judaism and Women of Reform Judaism by Americans United for Separation of Church and State. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 07/01/2021. (SFR) (Entered: 07/01/2021) |
| 07/01/2021 | 46 | TEXT ORDER granting 33 Motion for Pro Hac Vice. The application of Richard B. Katskee to be admitted pro hac vice to this Court is GRANTED. Signed by Hon. Frank P. Geraci, Jr. on 07/01/2021. (SFR) (Entered: 07/01/2021) |
| 07/01/2021 | 47 | TEXT ORDER granting 34 Motion for Pro Hac Vice. The application of Kenneth D. Upton to be admitted pro hac vice to this Court is GRANTED. Signed by Hon. Frank P. Geraci, Jr. on 07/01/2021. (SFR) (Entered: 07/01/2021) |
| 07/01/2021 | 48 | TEXT ORDER granting 35 Motion for Pro Hac Vice. The application of Sarah R. Goetz to be admitted pro hac vice to this Court is GRANTED. Signed by Hon. Frank P. Geraci, Jr. on 07/01/2021. (SFR) (Entered: 07/01/2021) |
| 07/01/2021 | 49 | TEXT ORDER: The Court is no longer accepting new motions for leave to file Amici Curiae in this matter. However, the Court will accept Amici Curiae from any counsel who has already been granted pro hac vice admission for the purpose of making such a filing. Such counsel are directed to file Amici Curiae as soon as practicable. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 07/01/2021. (SFR) (Entered: 07/01/2021) |
| 07/01/2021 | 50 | MEMORANDUM/BRIEF Amici Curiae by Coalition of African American Pastors, Conservative Clergy of Color, Frederick Douglass Foundation, The Restoration Project. (Vecchio, Philip) (Entered: 07/01/2021) |
| 07/02/2021 | 51 | MEMORANDUM/BRIEF Amici Curiae by American Civil Liberties Union Foundation, New York Civil Liberties Union Foundation. (Larios, Gabriella) (Entered: 07/02/2021) |
| 07/02/2021 | 52 | MEMORANDUM/BRIEF Amici Curiae by Religious and Civil-Rights Organizations by ADL (Anti-Defamation League), Americans United for Separation of Church and State, Bend the Arc: A Jewish Partnership for Justice, Central Conference of American Rabbis, Global Justice Institute, Metropolitan Community Churches, Hindu American Foundation, Men of Reform Judaism, Methodist Federation for Social Action, National Council of Jewish Women, New York Conference, United Church of Christ, Reconstructionist Rabbinical Association, Union for Reform Judaism, Women of Reform Judaism. (Santiago, Fernando) (Entered: 07/02/2021) |
| 07/02/2021 | 53 | MOTION for Leave to File Brief as Amici Curiae by Massachusetts, California, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington. (Attachments: # 1 Exhibit – Proposed Amicus Brief, # 2 Text of Proposed Order)(Cambier, Adam) (Entered: 07/02/2021) |
| 07/06/2021 | 54 | TEXT ORDER granting 53 Motion for Leave to File Brief as Amici Curiae by Massachusetts, California, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 07/06/2021. (SFR) (Entered: 07/06/2021) |
| 07/06/2021 | 55 | MEMORANDUM/BRIEF as Amici Curiae by Massachusetts, California, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington. (Cambier, Adam) (Entered: 07/06/2021) |
| 07/07/2021 | 56 | REPLY to Response to Motion re 3 MOTION for Preliminary Injunction filed by Emilee Carpenter, Emilee Carpenter, LLC. (Scruggs, Jonathan) (Entered: 07/07/2021) |
| 07/07/2021 | 57 | RESPONSE in Opposition re 27 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Emilee Carpenter, Emilee Carpenter, LLC. (Attachments: # 1 Exhibit A to Memorandum of Law in Response to State Defendant’s Motion to Dismiss, # 2 Exhibit B to Memorandum of Law in Response to State Defendant’s Motion to Dismiss)(Scruggs, Jonathan) (Entered: 07/07/2021) |
| 07/07/2021 | 58 | RESPONSE in Opposition re 24 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM FRCP 12(b)(6), 12(h)(2)(B)Second MOTION to Dismiss for Lack of Jurisdiction FRCP 12(b)(l)Third MOTION for Judgment on the Pleadings FRCP 12(c); FRCP 12(h)(2)(B)Fourth MOTION for More Definite Statement FRCP 12(b)(e)Fifth MOTION for Extension of Time to File Answer re 3 MOTION for Preliminary Injunction FRCP 12(a)(4) MOTION to Strike 3 MOTION for Preliminary Injunction FRCP 12(b)(f) filed by Emilee Carpenter, Emilee Carpenter, LLC. (Scruggs, Jonathan) (Entered: 07/07/2021) |
| 07/21/2021 | 59 | REPLY to Response to Motion re 3 MOTION for Preliminary Injunction , 24 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM FRCP 12(b)(6), 12(h)(2)(B)Second MOTION to Dismiss for Lack of Jurisdiction FRCP 12(b)(l)Third MOTION for Judgment on the Pleadings FRCP 12(c); FRCP 12(h)(2)(B)Fourth MOTION for More Definite Statement FRCP 12(b)(e)Fifth MOTION for Extension of Time to File Answer re 3 MOTION for Preliminary Injunction FRCP 12(a)(4) MOTION to Strike 3 MOTION for Preliminary Injunction FRCP 12(b)(f) filed by Weedon Wetmore. (Hussain, Mohammad) (Entered: 07/21/2021) |
| 07/21/2021 | 60 | REPLY to Response to Motion re 27 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Leticia James, Johnathan J. Smith. (McKay, Heather) (Entered: 07/21/2021) |
| 08/20/2021 | 61 | Letter filed by Leticia James, Johnathan J. Smith as to Weedon Wetmore, Leticia James, Johnathan J. Smith Statement of Supplemental Authority. (Attachments: # 1 Exhibit 303 Creative LLC v Elenis)(McKay, Heather) (Entered: 08/20/2021) |
| 08/24/2021 | 62 | Letter filed by Emilee Carpenter, Emilee Carpenter, LLC as to Weedon Wetmore, Leticia James, Johnathan J. Smith (Rule 28(j) Letter In Response to Defendants’ Supplemental Authority. (Scruggs, Jonathan) (Entered: 08/24/2021) |
| 08/24/2021 | 63 | Letter filed by Emilee Carpenter, Emilee Carpenter, LLC as to Weedon Wetmore, Leticia James, Johnathan J. Smith (Rule 28(j) Letter re Coral Ridge v. Amazon Supplemental Authority. (Scruggs, Jonathan) (Entered: 08/24/2021) |
| 08/31/2021 | 64 | Letter filed by Emilee Carpenter, Emilee Carpenter, LLC as to Weedon Wetmore, Leticia James, Johnathan J. Smith (Rule 28(j) Letter re Amicus Brief in Updegrove v Herring, No. 21-1506 (4th Cir. Aug. 27, 2021). (Scruggs, Jonathan) (Entered: 08/31/2021) |
| 09/08/2021 | 65 | NOTICE of Appearance by Richard W. Sawyer on behalf of Leticia James, Johnathan J. Smith (Sawyer, Richard) (Entered: 09/08/2021) |
| 10/01/2021 | 66 | MOTION to Withdraw as Attorney Ricca Prasad by American Civil Liberties Union Foundation, New York Civil Liberties Union Foundation. (Attachments: # 1 Text of Proposed Order)(Prasad, Ricca) (Entered: 10/01/2021) |
| 10/06/2021 | 67 | ORDER granting 66 Motion to Withdraw as Attorney. Attorney Ricca Prasad terminated. Signed by Hon. Frank P. Geraci, Jr. on 10/4/2021. (TF) (Entered: 10/06/2021) |
| 12/13/2021 | 68 |
DECISION AND ORDER: Defendant Wetmore’s motion to dismiss under Rule 12(b)(1) (ECF No. 24 ) is DENIED. The State’s motion to dismiss (ECF No. 27 ) is GRANTED insofar as all claims against Defendants Letitia James and Johnathan J. Smith are dismissed, with prejudice, for failure to state a claim upon which relief may be granted. In addition, all claims against Defendant Weedon Wetmore are sua sponte dismissed, with prejudice, for failure to state a claim upon which relief may be granted. Plaintiff’s motion for a preliminary injunction (ECF No. 3) is DENIED AS MOOT. The Clerk of Court is directed to enter judgment and close this case.SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 12/13/2021. (MFM)
-CLERK TO FOLLOW UP- (Entered: 12/13/2021) |
| 12/14/2021 | 69 | JUDGMENT in favor of Johnathan J. Smith, Leticia James, Weedon Wetmore against Emilee Carpenter, LLC, Emilee Carpenter. Signed by Clerk of Court on 12/14/2021. (TF) (Entered: 12/15/2021) |
| 01/12/2022 | 70 | NOTICE OF APPEAL as to 68 Order on Motion for Extension of Time to Answer,,,, Order on Motion to Strike,,,, Order on Motion to Dismiss for Failure to State a Claim,,,, Order on Motion for Preliminary Injunction,,,,,,,, Order on Motion to Dismiss/Lack of Jurisdiction,,,, Order on Motion for Judgment on the Pleadings,,,, Order on Motion for More Definite Statement,,, 69 Judgment by Emilee Carpenter, Emilee Carpenter, LLC. Filing fee $ 505, receipt number ANYWDC-4472036. (Scruggs, Jonathan) (Entered: 01/12/2022) |
| 01/13/2022 | Within 14 days of filing the Notice of Appeal, the appellant is required to electronically file with the District Court an index of filed documents it wishes the Court of Appeals to consider, called Designation of Record on Appeal. After receipt, the Clerks Office will certify and transmit the index to the Circuit. (TF) (Entered: 01/13/2022) | |
| 01/13/2022 | Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (TF) (Entered: 01/13/2022) | |
| 01/26/2022 | 71 | DESIGNATION of Record on Appeal by Emilee Carpenter, Emilee Carpenter, LLC re 70 Notice of Appeal,, CLERK TO FOLLOW UP (Scruggs, Jonathan) (Entered: 01/26/2022) |
| 01/27/2022 | 72 | CLERKS CERTIFICATE/Index filed and electronically sent to Court of Appeals re 71 DESIGNATION of Record on Appeal by Emilee Carpenter, Emilee Carpenter, LLC. (TF) (Entered: 01/27/2022) |
Last updated 10/11/2022
Reconciled with online docket 09/20/2022