Dark Storm Industries LLC et al v. Cuomo et al
| New York Northern District Court | |
| Judge: | Lawrence E Kahn |
| Referred: | Andrew T Baxter |
| Case #: | 1:20-cv-00360 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Mar 30, 2020 |
| Terminated: | Jul 08, 2020 |
| Last checked: Saturday Sep 26, 2020 4:36 AM EDT |
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Defendant
Andrew Cuomo
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Represented By
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Defendant
Empire State Development Corporation
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Represented By
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Defendant
Elizabeth Ruth Fine
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Represented By
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Plaintiff
Dark Storm Industries LLC
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Represented By
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Plaintiff
Brian Doherty
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Represented By
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Plaintiff
Kevin Schmucker
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Represented By
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GPO
Jul 08 2020
MEMORANDUM-DECISION AND ORDERED, that Plaintiffs motion for partial summary judgment (Dkt. No. 13) is DENIED in its entirety; and it is further ORDERED, that Defendants cross-motion for summary judgment (Dkt. No. 24) is GRANTED in its entirety; and it is further ORDERED, that Plaintiffs Complaint (Dkt. No. 1) is DISMISSED; and it is further ORDERED, that the Clerk close this action. Signed by Senior Judge Lawrence E. Kahn on July 08, 2020. (sas) |
| Docket last updated: 10/15/2026 11:59 PM EDT |
| Thursday, November 04, 2021 | ||
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appeal
USCA Case Number
Thu 11/04 10:44 AM
USCA Case Number 20-2725 cv for30 Notice of Appeal, filed by Brian Doherty, Dark Storm Industries LLC, Kevin Schmucker. (jel, ) |
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| Thursday, October 28, 2021 | ||
| 34 | 34
order
Judgment
Thu 10/28 2:35 PM
JUDGMENT: IT IS ORDERED AND ADJUDGED that in the above entitled action, the case is DISMISSED and judgment is entered in favor of the defendants as against the plaintiffs, in accordance with the Mandate of the US Court of Appeals for the Second Circuit, dated October 28, 2021 and subsequent TEXT ORDER of the Honorable Lawrence E. Kahn, U. S. District Judge, dated October 28, 2021. (sas) |
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| 32 | 32
appeal
USCA Mandate
Thu 10/28 1:57 PM
MANDATE of USCA as to #30 Notice of Appeal, filed by Brian Doherty, Dark Storm Industries LLC, Kevin Schmucker. We have reviewed all of the arguments raised by Plaintiffs-Appellants on appeal and find them to be without merit. For the foregoing reasons, we DISMISS the appeal as moot, and we REMAND the cause to the District Court with instructions to vacate judgment and to dismiss the claims of Plaintiffs-Appellants as moot. Issued on 10/28/2021. (gmd, ) |
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order
Order
Thu 10/28 2:27 PM
TEXT ORDER: In light of the summary order issued by the Second Circuit Court of Appeals on October 28, 2021, Dkt. No. 32, which found Plaintiffs-Appellants' arguments to be without merit, the judgment entered July 8, 2020, Dkt. No. 29, is hereby VACATED and Plaintiff's claims are dismissed as moot. It is further ORDERED that the Clerk close this action. Signed by Senior Judge Lawrence E. Kahn on October 28, 2021. (sas) |
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| Friday, August 14, 2020 | ||
| 31 | 31
appeal
Electronic Notice and Certification to USCA of Appeal
Fri 08/14 11:43 AM
ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals as to the #30 Notice of Appeal. (kmp) |
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| Friday, August 07, 2020 | ||
| 30 | 30
appeal
Notice of Appeal
Fri 08/07 9:02 PM
NOTICE OF APPEAL as to29 Judgment, 23 Order on Letter Request,, 21 Order,,, 11 Order on Letter Request,28 Order on Motion for Partial Summary Judgment,, Order on Motion for Preliminary Injunction,, Order on Motion for Summary Judgment, by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker. Filing fee $ 505, receipt number ANYNDC-5198590.(Maloney, James) |
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Att: 1
Appendix MEMORANDUM-DECISION AND ORDER
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| Wednesday, July 08, 2020 | ||
| 29 | 29
order
Judgment
Wed 07/08 8:42 AM
JUDGMENT: IT IS ORDERED AND ADJUDGED that in the above entitled action, the case is DISMISSED and judgment is entered in favor of the Defendants as against the Plaintiffs, in accordance with the MEMORANDUM-DECISION AND ORDER of the Honorable Lawrence E. Kahn, U. S. District Judge, dated July 08, 2020. (sas) |
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| 28 | 28
34
pgs
order
Order on Motion for Partial Summary Judgment Order on Motion for Preliminary Injunction Order on Motion for Summary Judgment
Wed 07/08 8:35 AM
MEMORANDUM-DECISION AND ORDERED, that Plaintiffs motion for partial summary judgment (Dkt. No. 13) is DENIED in its entirety; and it is further ORDERED, that Defendants cross-motion for summary judgment (Dkt. No. 24) is GRANTED in its entirety; and it is further ORDERED, that Plaintiffs Complaint (Dkt. No. 1) is DISMISSED; and it is further ORDERED, that the Clerk close this action. Signed by Senior Judge Lawrence E. Kahn on July 08, 2020. (sas) |
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| Tuesday, June 09, 2020 | ||
| 27 | 27
7
pgs
respm
Memorandum of Law
Tue 06/09 12:05 AM
MEMORANDUM OF LAW re24 Motion for Summary Judgment,,,,,,,,,,,, filed by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker. (Maloney, James) |
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| Monday, June 08, 2020 | ||
| 26 | 26
respm
Reply to Response to Motion
Mon 06/08 11:59 PM
REPLY to Response to Motion re24 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Partial Summary Judgment filed by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker.(Maloney, James) |
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Att: 1
Statement of Material Facts
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| Tuesday, June 02, 2020 | ||
| 25 | 25
order
Order 1 - Terminate Deadlines and Hearings
Tue 06/02 3:50 PM
TEXT ORDER: The Rule 16 conference set for 6/29/2020 and 6/22/2020 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after disposition of the pending13 ,19 and24 motions. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 6/2/2020. (nmk) |
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| 24 | 24
motion
Summary Judgment
Tue 06/02 11:10 AM
Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Partial Summary Judgment Motion Hearing set for 6/19/2020 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 6/2/2020 Reply to Response to Motion due by 6/8/2020. filed by Andrew Cuomo, Empire State Development Corporation, Elizabeth Ruth Fine. (Koster, Andrew) |
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Att: 1
Memorandum of Law In Support of the Defendants' Motion for Summary Judgment and in Opposition to the Plaintiffs' Partial Motion for Summary Judgment,
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Att: 2
Statement of Material Facts,
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Att: 3
Declaration Declaration of AAG Koster,
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Att: 4
Exhibit(s) Ex. A to Koster Decl.,
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Att: 5
Exhibit(s) Ex. B to Koster Decl.,
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Att: 6
Exhibit(s) Ex. C to Koster Decl.,
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Att: 7
Exhibit(s) Ex. D to Koster Decl.,
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Att: 8
Exhibit(s) Ex. E to Koster Decl.,
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Att: 9
Exhibit(s) Ex. F to Koster Decl.,
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Att: 10
Exhibit(s) Ex. G to Koster Decl.,
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Att: 11
Exhibit(s) Ex. H to Koster Decl.,
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Att: 12
Exhibit(s) Ex. I to Koster Decl.,
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Att: 13
Exhibit(s) Ex. J to Koster Decl.,
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Att: 14
Exhibit(s) Ex. K to Koster Decl.,
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Att: 15
Exhibit(s) Ex. L to Koster Decl.,
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Att: 16
Declaration Declaration of Elizabeth Fine,
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Att: 17
Exhibit(s) Ex. A to Fine Decl.,
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Att: 18
Exhibit(s) Ex. B to Fine Decl.,
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Att: 19
Exhibit(s) Ex. C to Fine Decl.,
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Att: 20
Exhibit(s) Ex. D to Fine Decl.,
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Att: 21
Exhibit(s) Ex. E to Fine Decl.,
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Att: 22
Exhibit(s) Ex. F to Fine Decl.,
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Att: 23
Exhibit(s) Ex. G to Fine Decl.,
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Att: 24
Exhibit(s) Ex. H to Fine Decl.,
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Att: 25
Exhibit(s) Ex. I to Fine Decl.,
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Att: 26
Exhibit(s) Ex. J to Fine Decl.,
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Att: 27
Exhibit(s) Ex. K to Fine Decl.,
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Att: 28
Exhibit(s) Ex. L to Fine Decl.,
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Att: 29
Exhibit(s) Ex. M to Fine Decl.,
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Att: 30
Exhibit(s) Ex. N to Fine Decl.,
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Att: 31
Declaration Declaration of Brad Hutton,
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Att: 32
Exhibit(s) Ex A to Hutton Decl.,
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Att: 33
Exhibit(s) Ex B to Hutton Decl.,
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Att: 34
Exhibit(s) Ex C to Hutton Decl.,
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Att: 35
Exhibit(s) Ex D to Hutton Decl.,
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Att: 36
Exhibit(s) Ex E to Hutton Decl.,
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Att: 37
Exhibit(s) Ex F to Hutton Decl.,
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Att: 38
Exhibit(s) Ex G to Hutton Decl.,
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Att: 39
Exhibit(s) Ex H to Hutton Decl.,
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Att: 40
Exhibit(s) Ex I to Hutton Decl.,
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Att: 41
Exhibit(s) Ex J to Hutton Decl.,
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Att: 42
Exhibit(s) Ex K to Hutton Decl.,
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Att: 43
Exhibit(s) Ex L to Hutton Decl.,
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Att: 44
Exhibit(s) Ex M to Hutton Decl.,
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Att: 45
Exhibit(s) Ex N to Hutton Decl.,
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Att: 46
Exhibit(s) Ex O to Hutton Decl.,
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Att: 47
Exhibit(s) Ex P to Hutton Decl.,
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Att: 48
Exhibit(s) Ex Q to Hutton Decl.,
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Att: 49
Exhibit(s) Ex R to Hutton Decl.,
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Att: 50
Exhibit(s) Ex S to Hutton Decl.,
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Att: 51
Exhibit(s) Ex T to Hutton Decl.,
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Att: 52
Exhibit(s) Ex U to Hutton Decl.,
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Att: 53
Exhibit(s) Ex V to Hutton Decl.,
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Att: 54
Exhibit(s) Ex W to Hutton Decl.,
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Att: 55
Declaration Hughes Decl.,
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Att: 56
Declaration Metz Decl.,
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Att: 57
Declaration Shelmidine Decl.,
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Att: 58
Declaration Dumoulin Decl.,
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Att: 59
Declaration Hill Decl.,
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Att: 60
Declaration Holland Decl.,
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Att: 61
Declaration Kelly Decl.,
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Att: 62
Declaration Coppersmith Decl.,
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Att: 63
Declaration Peters Decl.,
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Att: 64
Declaration Ventola Decl.
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| Friday, May 15, 2020 | ||
| 23 | 23
order
Order on Letter Request
Fri 05/15 7:36 AM
TEXT ORDER: On May 13, 2020, Plaintiffs filed an emergency motion for partial summary judgment. Dkt. Nos. 1319 ("Summary Judgment Motion"). In light of Plaintiffs' subsequent letter, Dkt. No. 22, and General Order 25, Dkt. No. 3, the return date for Plaintiffs' Summary Judgment Motion shall be June 19, 2020. Defendants' response to the Summary Judgment Motion shall be due by June 2, 2020, and Plaintiffs' reply, if any, by June 8, 2020. Signed by Senior Judge Lawrence E. Kahn on 5/15/20. (ban) |
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notice
Notice of Hearing on Motion
Fri 05/15 7:42 AM
TEXT NOTICE Re13 Emergency MOTION for Partial Summary Judgment,19 Emergency MOTION for Preliminary Injunction: The Motion Return date is set for 6/19/2020 (ON SUBMIT) before Senior Judge Lawrence E. Kahn; Response to Motion due by 6/2/2020, Reply to Response to Motion due by 6/8/2020. No personal appearances are necessary. The motion will be decided on the submission of the papers only, unless otherwise directed by the Court. (ban) |
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| Thursday, May 14, 2020 | ||
| 22 | 22
motion
Letter Request/Motion
Thu 05/14 11:42 AM
Responsive Letter Motion from James M. Maloney for Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker requesting modified motion timetable submitted to Judge Hon. Lawrence E. Kahn . (Maloney, James) |
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| Wednesday, May 13, 2020 | ||
| 21 | 21
order
Order
Wed 05/13 12:50 PM
TEXT ORDER: The Court has reviewed Plaintiffs' emergency motion for summary judgment, which Plaintiffs brought via application for an order to show cause. Dkt. Nos. 13 ("Motion"); 16 ("Maloney Affidavit"). The Court has reviewed the Maloney Affidavit and finds that it does not "clearly and specifically show[] good and sufficient cause why the standard Notice of Motion procedure cannot be used." L.R. 7.1(e). Plaintiffs must notify the Court by May 20, 2020 whether they still intend to pursue their Motion per the standard Notice of Motion procedure as outlined in the Local Rules, or whether they intend to withdraw it and file another motion in the normal course. Signed by Senior Judge Lawrence E. Kahn on May 13, 2020. (sas) |
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| Tuesday, May 12, 2020 | ||
| 20 | 20
service
Certificate of Service
Tue 05/12 10:52 PM
CERTIFICATE OF SERVICE by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker as to docket entries 13 through 19 (Maloney, James) |
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| 19 | 19
motion
Preliminary Injunction
Tue 05/12 10:46 PM
Emergency MOTION for Preliminary Injunction (NOTE: PI not sought, other relief sought, draft OSC filed herewith, explanation provided in papers previously filed as docket entries 13 through 18) by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker.(Maloney, James) |
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| 18 | 18
respm
Affidavit in Support of Motion
Tue 05/12 10:35 PM
AFFIDAVIT in Support re13 Emergency MOTION for Partial Summary Judgment (explanatory letter filed as lead document)) (Newman Declaration) filed by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker.(Maloney, James) |
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Att: 1
Exhibit(s) Email printout,
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Att: 2
Exhibit(s) Email printout
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| 17 | 17
respm
Affidavit in Support of Motion
Tue 05/12 10:32 PM
AFFIDAVIT in Support re13 Emergency MOTION for Partial Summary Judgment (explanatory letter filed as lead document)) (Morrisey Declaration) filed by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker.(Maloney, James) |
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Att: 1
Exhibit(s) Letter from Bureau of Alcohol, Tobacco, Firearms and Explosives
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| 16 | 16
respm
Affidavit in Support of Motion
Tue 05/12 10:27 PM
AFFIDAVIT in Support re13 Emergency MOTION for Partial Summary Judgment (explanatory letter filed as lead document)) filed by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker.(Maloney, James) |
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Att: 1
Exhibit(s) Complaint,
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Att: 2
Exhibit(s) Answer,
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Att: 3
Exhibit(s) Executive Order 202.6,
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Att: 4
Exhibit(s) Executive Order 202.8,
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Att: 5
Exhibit(s) Department of State database printout for Empite State Development Corporation
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| 15 | 15
respm
Statement of Material Facts
Tue 05/12 10:23 PM
STATEMENT OF MATERIAL FACTS re13 Emergency MOTION for Partial Summary Judgment (explanatory letter filed as lead document)) filed by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker. (Maloney, James) |
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| 14 | 14
14
pgs
respm
Memorandum of Law
Tue 05/12 10:22 PM
MEMORANDUM OF LAW re13 Motion for Partial Summary Judgment filed by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker. (Maloney, James) |
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| 13 | 13
motion
Partial Summary Judgment
Tue 05/12 10:19 PM
Emergency MOTION for Partial Summary Judgment (explanatory letter filed as lead document)) filed by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker. (Maloney, James) |
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| Thursday, May 07, 2020 | ||
| 12 | 12
answer
Answer to Complaint
Thu 05/07 3:17 PM
ANSWER to1 Complaint, by Andrew Cuomo, Empire State Development Corporation, Elizabeth Ruth Fine.(Koster, Andrew) |
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| Tuesday, April 28, 2020 | ||
| 11 | 11
order
Order on Letter Request
Tue 04/28 11:03 AM
TEXT ORDER: denying9 Letter Request. An answer from Empire State Development Corporation remains due by 5/7/2020. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 4/28/2020. (nmk) |
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| Monday, April 27, 2020 | ||
| 10 | 10
misc
Response to Letter Brief
Mon 04/27 3:12 PM
RESPONSE TO LETTER BRIEF filed by Andrew Cuomo, Empire State Development Corporation, Elizabeth Ruth Fine as to9 Letter Request/Motion, filed by Brian Doherty, Dark Storm Industries LLC, Kevin Schmucker . (Koster, Andrew) |
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| 9 | 9
motion
Letter Request/Motion
Mon 04/27 12:38 PM
Letter Motion from James M. Maloney for Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker requesting reset answer deadline for Defendant Empire State Development Corporation submitted to Judge Andrew T. Baxter, USMJ . (Maloney, James) |
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| Wednesday, April 22, 2020 | ||
| 8 | 8
order
Order ~Util - Set/Reset Answer Deadlines
Wed 04/22 12:20 PM
TEXT ORDER: Approving7 Stipulation. The answers for defendants Andrew Cuomo, Empire State Development Corporation, and Elizabeth Ruth Fine are due by 5/7/2020. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 4/22/2020. (nmk) |
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| Monday, April 20, 2020 | ||
| 7 | 7
misc
Stipulation
Mon 04/20 2:14 PM
STIPULATION as to service jointly executed through counsel by Andrew Cuomo, Empire State Development Corporation, Elizabeth Ruth Fine, Esq. and by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker submitted to Judge Hon. Lawrence E. Kahn. (Maloney, James) |
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| Friday, April 17, 2020 | ||
| 6 | 6
notice
Notice of Appearance
Fri 04/17 10:00 AM
NOTICE of Appearance by Andrew W. Koster on behalf of All Defendants (Koster, Andrew) |
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| Tuesday, April 14, 2020 | ||
| 5 | 5
misc
FRCP 7.1 Corporate Disclosure Statement
Tue 04/14 5:35 PM
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Dark Storm Industries LLC. (Maloney, James) |
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| Tuesday, April 07, 2020 | ||
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utility
Set/Reset Answer Deadline
Tue 04/07 10:38 AM
***Answer deadline set for Empire State Development Corporation to 4/24/2020. (jmb) |
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| Monday, April 06, 2020 | ||
| 4 | 4
service
Affidavit of Service
Mon 04/06 4:06 PM
AFFIDAVIT of Service for complaint served on Empire State Development Corporation on 4/3/20, filed by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker. (Maloney, James) |
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| Tuesday, March 31, 2020 | ||
| 3 | 3
misc
G.O. 25 Filing Order
Wed 04/01 2:20 PM
G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 6/29/2020 at 10:00 AM before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/22/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jmb) |
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| 2 | 2
service
Summons Issued
Wed 04/01 2:18 PM
Summons Issued as to Andrew Cuomo.(jmb) |
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Att: 1
Summons Issued for Empire State Development Corporation,
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Att: 2
Summons Issued for Elizabeth Ruth Fine, Esq.
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| Monday, March 30, 2020 | ||
| 1 | 1
cmp
Complaint
Wed 04/01 2:15 PM
COMPLAINT: against Andrew Cuomo, Empire State Development Corporation and Elizabeth Ruth Fine (Filing fee $400 receipt number BNYNDC-5074542) filed by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker. (jmb) |
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Att: 1
Civil Cover Sheet
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