New York Northern District Court
Judge:Thomas J Mcavoy
Referred: Christian F Hummel
Case #: 1:18-cv-00566
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:May 11, 2018
Case in other court:Second Circuit, 21-00636
Last checked: Wednesday Nov 07, 2018 4:17 AM EST
Amicus
American Civil Liberties Union Foundation
125 Broad Street 18th Floor New York
New York, NY 10004
Represented By
Brian Matthew Hauss
American Civil Liberties Union - New York Office
contact info
Amicus
Texas Public Policy Foundation
Represented By
Chance Weldon
Texas Public Policy Foundation
contact info
Keisha Russell
First Liberty Institute
contact info
Defendant
Andrew Cuomo
Represented By
Adrienne J. Kerwin
Office Of Attorney General - Albany
contact info
Helena O. Pederson
New York State Attorney General - Albany
contact info
Michael G. McCartin
Office Of Attorney General - Albany
contact info
Defendant
The New York State Department of Financial Services
Represented By
Adrienne J. Kerwin
Office Of Attorney General - Albany
contact info
Helena O. Pederson
New York State Attorney General - Albany
contact info
Michael G. McCartin
Office Of Attorney General - Albany
contact info
Defendant
Maria T. Vullo
Represented By
Adrienne J. Kerwin
Office Of Attorney General - Albany
contact info
Helena O. Pederson
New York State Attorney General - Albany
contact info
Michael G. McCartin
Office Of Attorney General - Albany
contact info
Plaintiff
National Rifle Association of America
Represented By
Sarah Rogers
Brewer Attorneys & Counselors
contact info
Jose Joel Alicea
Cooper & Kirk, PLLC
contact info
Charles J. Cooper
Cooper & Kirk, PLLC
contact info
Michael W. Kirk
Cooper & Kirk, PLLC
contact info
Harold S. Reeves
Cooper & Kirk, PLLC
contact info
William A Brewer
Brewer, Attorneys & Counselors
contact info
Stephanie L Gase
Brewer Attorneys & Counselors
contact info

GPO May 10 2019
DECISION AND ORDER granting in part and denying in part, as stated within, Defendants' 63 Motion to Dismiss. Signed by Senior Judge Thomas J. McAvoy on 5/9/19. (sfp, )
GPO Aug 08 2019
MEMORANDUM-DECISION & ORDER denying 73 Motion to Compel; Pltf's request for sanctions is DENIED; denying without prejudice and with leave to renew, following the Court's in camera review, the 78 Motion for Protective Order; that, within 21 days from the filing date of this MDO, defts are to provide to the Court, a detailed privilege log, addressing any documents it seeks to withhold on the basis of any privilege, along with all documents responsive to the following categories of demands as (noted in 1-3 of the Order); that within 14 days from the filing date of this MDO, defts are to provide to the Court a signed affidavit indicating that they conducted a diligent search but do not possess responsive documents, or have already provided all responsive documents, for the following categories of material (as listed in the Order); and that, if the Court determines, following in camera review, that any supplemental briefing is required, the Court shall notify the parties and provide such opportunity for additional briefing on any claims raised within the Motion to Compel and Motion for Protective Order than have been dismissed without prejudice. Signed by Magistrate Judge Christian F. Hummel on 8/8/2019. (see)
GPO Jan 06 2020
DECISION AND ORDER: It is hereby ORDERED, that defendants' # 95 Motion for Reconsideration is DENIED. Signed by Magistrate Judge Christian F. Hummel on 1/6/2020. (pjh)
GPO Feb 04 2020
ORDER: It is hereby ORDERED, that within seven (7) days of the filing date of this Order, defendants are to provide to the Court for in camera review either a supplement to the Executive Chambers documents which includes bate-stamped documents Chambers 0000601-0000764 that were not included in the USB drive provided to the Court or an explanation as to why these documents were omitted; and it is further ORDERED, that within twenty-one (21) days of the filing date of this Order, defendants are to provide for in camera review the remainder of the information requested herein. Signed by Magistrate Judge Christian F. Hummel on 2/4/2020. (pjh)
GPO Feb 18 2020
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED, that Plaintiff's # 100 Motion to Compel is DENIED; and it is further ORDERED, that the Clerk of the Court serve this Memorandum-Decision & Order on parties in accordance with Local Rules. Signed by Magistrate Judge Christian F. Hummel on 2/18/2020. (pjh)
GPO Dec 14 2020
MEMORANDUM-DECISION and ORDER - That defendant Department of Financial Services and defendant Governor Andrew Cuomo's 302 motion for a protective order staying discovery pending the Court's consideration of their motion to dismiss is he District Judge's decision on the pending motions to dismiss, dkt. nos. 210, 211. IT IS SO ORDERED. Signed by Magistrate Judge Christian F. Hummel on 12/14/2020. (jel, )GRANTED. That defendant Maria T. Vullo's 303 Motion for a protective order staying discovery pending the Court's consideration of her motion to dismiss is GRANTED. That all discovery in this case is STAYED pending t
GPO Mar 15 2021
DECISION and ORDER - That DFS and Gov. Cuomo in his official capacity 210 motion to dismiss claims in the Second Amended Complaint is GRANTED. Plaintiff's claims in the Second Amended Complaint against DFS, Gov. Cuomo in his official capacity, and Supt. Lacewell in her official capacity, including the claims for injunctive and declaratory relief, are DISMISSED as barred by the Eleventh Amendment. Ms. Vullo's 211 motion appealing Magistrate Judge Hummel's decision granting leave to amend, and seeking to dismiss the claims against her in the Second Amended Complaint is GRANTED in part and DENIED in part. The selective enforcement claim against Ms. Vullo is DISMISSED, the motion is denied as to the First Amendment claims, and the appeal of Judge Hummel's decision granting leave to amend is denied. Signed by Senior Judge Thomas J. McAvoy on 3/15/2021. (jel, )
GPO Mar 22 2021
REMANDS the case to Judge Hummel to make determinations on the NRA's Motion to Compel in light of the narrowing case. Signed by Senior Judge Thomas J. McAvoy on 3/22/2021. (jel, )DECISION and ORDER - That the Court GRANTS the Defendants' 199 Motion for Reconsideration; VACATES the Court's Decision and Order on the NRA's appeal of Judge Hummel's discovery determinations, Dkt. No. 188; and
GPO Jan 18 2022
DECISION and ORDER granting 337 Motion to Stay. Defendant Vullos motion to stay discovery in this matter, Dkt. No. 337, is GRANTED, and all discovery in this case is STAYED during thependency of Defendant Vullos qualified immunity appeal. IT IS SO ORDERED. Signed by Senior Judge Thomas J. McAvoy on 1/18/2021. (khr)
GPO Sep 15 2023
IT IS SO ORDERED that Having considered the parties' arguments, and for the reasons discussed in this order, the Court exercises its discretion and determines that the discovery stay will continue until such time as the Court resolves Cuomos dismissal motion. Accordingly, the NRA's motion to lift the discovery stay and to compel discovery, Dkt. No. # 377, is DENIED. Signed by Senior Judge Thomas J. McAvoy on 09/15/23. (mmg)
Docket last updated: 04/25/2024 11:59 PM EDT
Tuesday, April 02, 2024
399 399 order Status Report Order Tue 04/02 7:53 AM
TEXT ORDER: The parties are directed to file another Status Report by 7/8/2024 updating this Court regarding the status of the case before the Supreme Court. Authorized by Senior Judge Thomas J. McAvoy on 4/2/2024. (amt)
Related: [-]
Monday, April 01, 2024
398 398 misc Status Report Mon 04/01 3:02 PM
STATUS REPORT by Andrew Cuomo. (Spiro, Edward)
Related: [-]