Stone Jr., Esq. v. Cuomo (2:20-cv-06006), New York Eastern District Court

Stone Jr., Esq. v. Cuomo

New York Eastern District Court
Judge:	Joan M Azrack
Referred:	Steven Tiscione
Case #:	2:20-cv-06006
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	42:1983 Civil Rights Act

Case Filed:	Dec 09, 2020
Terminated:	Jan 31, 2022

Last checked: Monday Jun 07, 2021 6:28 AM EDT

Defendant Andrew M. Cuomo	Represented By Susan M. Connolly N.Y.S. Office Of The Attorney General contact info
Defendant Lee Zeldin
Plaintiff Robert S. Stone Jr., Esq. an individual 4 Blackwell Lane Stony Brook, NY 11790
Plaintiff House of Stone 76

GPO Feb 22 2021
ORDER: Accordingly (PLEASE SEE ORDER FOR FURTHER DETAILS), if service is not made upon defendant by March 9, 2021, or plaintiff fails to show good cause why such service has not been effected, the complaint will be dismissed without prejudice. Plaintiff is to provide a copy of this Order to defendant along with the summons and complaint and shall file proof of service with the Court. Plaintiff is required to advise the Clerk of Court of any changes of address. Failure to keep the Court informed of plaintiff's current address may result in dismissal of the case. Although plaintiff paid the filing fee, the Court certifies pursuant to 28 U.S.C. � 1915(a)(3) that should plaintiff seek leave to appeal in forma pauperis, any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). So Ordered by Judge Joan M. Azrack on 2/22/2021. (Ortiz, Grisel)

Docket last updated: 05/16/2024 11:59 PM EDT

Monday, January 31, 2022
21		21 order Judgment - Clerk Mon 01/31 10:28 AM CLERK'S JUDGMENT: ORDERED AND ADJUDGED that plaintiff Robert S. Stone, Jr., Esq., take nothing of defendants Andrew Cuomo and Lee Zeldin; that this action is dismissed for failure to prosecute and noncompliance; and that this case is closed. Ordered by Clerk of Court on 1/31/2022 (CM to pro se plaintiff with an appeal packet). (Toritto, Jim) Related: [-]
Friday, January 28, 2022
		order Order(Other) Fri 01/28 11:52 AM ELECTRONIC ORDER: The Court now dismisses this action for failure to prosecute and noncompliance. Plaintiff failed to comply with this Courts January 11, 2022 Order. Plaintiff has not responded to the Order to Show Cause nor has he otherwise communicated with the Court regarding this action. Accordingly, the Court finds it necessary and appropriate to dismiss this action for failure to prosecute and noncompliance. The Clerk of Court is directed to close this action and to mail a copy of this Order to the pro se plaintiff. Ordered by Judge Joan M. Azrack on 1/28/2022. (Posillico, Lauren) Related: [-]
Tuesday, January 11, 2022
		order Order to Show Cause Tue 01/11 4:26 PM ORDER TO SHOW CAUSE: On June 17, 2021, the Court granted Defendants motion for an extension of time until June 25, 2021 to serve their motion to dismiss. The fully briefed motion was supposed to be filed by July 27, 2021. To date, no motion papers have been filed and Plaintiff has not filed anything with the Court or taken any steps to prosecute this case. By January 25, 2022, Plaintiff shall file a letter with the Court informing the Court whether he intends to prosecute this action. Additionally, by January 25, 2022, Plaintiff is directed to show cause, in writing, why this case should not be dismissed because Plaintiff lacks standing and the claims are moot. Plaintiffs filing must identify: (1) each specific statute or executive order he is challenging: (2) identify where, in the amended complaint, he alleged a claim concerning the specific statute or executive order that is allegedly at issue: (3) explain how he has standing to challenge each statute or executive order; and (4) explain why his challenges to each statute or executive order alleged in the complaint are not moot. Failure to respond to this order by January 25, 2022 will result in the dismissal of this action. The Clerk of the Court is directed to mail a copy of this Order to the pro se plaintiff. Ordered by Judge Joan M. Azrack on 1/11/2022. (Posillico, Lauren) Related: [-]
Friday, August 27, 2021
20		20 notice Notice of Related Case Assignment/Designation Fri 08/27 2:27 PM Notice of Related Case: 21-cv-4822-JMA-ST The Case was directly assigned as a related Pro Se/Habeas Case. (Cox, Dwayne) Related: [-]
Thursday, June 17, 2021
		order Order on Motion for Extension of Time to File Thu 06/17 11:21 AM ORDER granting19 Motion for Extension of Time to File. The Court grants the proposed extension. The fully-briefed motion shall be filed in accordance with the bundling rule in Judge Azrack's Individual Rules. Ordered by Judge Joan M. Azrack on 6/17/2021. (js) Related: [-]
Wednesday, June 16, 2021
19		19 misc Letter Wed 06/16 2:22 PM Letter followup to earlier letter request by Andrew M. Cuomo (Connolly, Susan) Related: [-]
18		18 misc Letter Wed 06/16 11:58 AM Letter requesting an extension of time to serve motion by Andrew M. Cuomo (Connolly, Susan) Related: [-]
Wednesday, May 12, 2021
		order Order on Motion for Pre Motion Conference Wed 05/12 9:06 AM ORDER denying16 Motion for Pre Motion Conference. The Court waives its pre-motion conference requirement and orders the following briefing schedule in accordance with the bundling rule in Judge Azrack's Individual Rules: Defendant shall serve, but not file, an opening brief on Plaintiff by June 11, 2021; Plaintiff shall serve, but not file, an opposition brief on Defendant by July 12, 2021; and Defendant shall serve a reply brief and file the fully-briefed motion on ECF by July 27, 2021. Ordered by Judge Joan M. Azrack on 5/12/2021. (js) Related: [-]
Tuesday, May 04, 2021
17		17 respoth Reply in Opposition Tue 05/04 5:22 PM REPLY re16 MOTION for pre motion conference filed by Robert S. Stone Jr., Esq.. (Florio, Lisa) Related: [-]
Friday, April 23, 2021
		order Scheduling Order Fri 04/23 3:46 PM SCHEDULING ORDER: On April 8, 2021, Defendant Cuomo filed a letter requesting a pre-motion conference concerning a proposed motion. My individual rules require parties to respond to pre-motion conference letters within seven days. If Plaintiff still intends to prosecute this lawsuit, Plaintiff must, by May 5, 2021, either (1) file an opposition to Defendant's pre-motion conference letter (three pages at maximum), or (2) indicate by letter to the Court that Plaintiff does not wish to file an opposition but still intends to prosecute this lawsuit. Failure to respond to this Order may result in the dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is respectfully directed to mail a copy of this order to the pro se plaintiff.Ordered by Judge Joan M. Azrack on 4/23/2021. (js) Related: [-]
Thursday, April 08, 2021
16		16 misc Letter Thu 04/08 3:54 PM Letter seeking permission to move to dismiss by Andrew M. Cuomo (Connolly, Susan) Related: [-]
15		15 notice Notice of Appearance Thu 04/08 3:53 PM NOTICE of Appearance by Susan M. Connolly on behalf of Andrew M. Cuomo (aty to be noticed) (Connolly, Susan) Related: [-]
		order Order on Motion for Extension of Time to File Thu 04/08 12:29 PM ORDER finding as moot11 Motion for Extension of Time to File. The Court finds the motion moot in light of ECF No.14 . Ordered by Judge Joan M. Azrack on 4/8/2021. (js) Related: [-]
Wednesday, March 24, 2021
14		14 service Summons Returned Executed Wed 03/24 5:08 PM SUMMONS Returned Executed by Robert S. Stone Jr., Esq.. Andrew M. Cuomo served on 3/19/2021, answer due 4/9/2021; Lee Zeldin served on 3/18/2021, answer due 4/8/2021. (Ortiz, Grisel) Related: [-]
Wednesday, March 10, 2021
13		13 service Summons Issued Wed 03/10 9:18 AM Summons Issued as to Andrew M. Cuomo, Lee Zeldin. (Ortiz, Grisel) Related: [-]
12		12 misc Letter Wed 03/10 9:17 AM Letter from Pro Se Office to Pro Se Litigant dated 3/10/2021 Re: The Clerk's Office received your proposed civil summons and has issued an official stamped summons. Enclosed, please find the original and a copy of this summons in addition to instructions on the service of the summons and complaint. (Ortiz, Grisel) Related: [-]
Friday, March 05, 2021
11		11 motion Extension of Time to File Document Mon 03/08 10:24 AM Letter MOTION for Extension of Time to File two week extension to complete service of process by Robert S. Stone Jr., Esq.. (Ortiz, Grisel) Related: [-]
10		10 cmp Amended Complaint Mon 03/08 10:23 AM AMENDED COMPLAINT against Andrew M. Cuomo, Lee Zeldin, filed by Robert S. Stone Jr., Esq., House of Stone 76. (Ortiz, Grisel) Related: [-]
Monday, February 22, 2021
9		9 order Order(Other) Mon 02/22 3:42 PM ORDER: Accordingly (PLEASE SEE ORDER FOR FURTHER DETAILS), if service is not made upon defendant by March 9, 2021 , or plaintiff fails to show good cause why such service has not been effected, the complaint will be dismissed without prejudice. Plaintiff is to provide a copy of this Order to defendant along with the summons and complaint and shall file proof of service with the Court. Plaintiff is required to advise the Clerk of Court of any changes of address. Failure to keep the Court informed of plaintiff's current address may result in dismissal of the case. Although plaintiff paid the filing fee, the Court certifies pursuant to 28 U.S.C. � 1915(a)(3) that should plaintiff seek leave to appeal in forma pauperis, any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). So Ordered by Judge Joan M. Azrack on 2/22/2021. (Ortiz, Grisel) Related: [-]
Wednesday, January 13, 2021
		order Order on Motion for Leave to Allow Pro Se to Electronically File Wed 01/13 1:17 PM ORDER denying5 Motion for Leave to Allow Pro Se to Electronically File Without Prejudice. The Court is in receipt of pro se Plaintiff's letter motion seeking electronic filing privileges. First, although Plaintiff reports to be an attorney admitted to practice in the State of New York, he has chosen to represent himself in this action. Second, Plaintiff's application does not indicate why he requires electronic filing privileges. Indeed, a review of the docket reflects that Plaintiff's voluminous filings (96 page complaint and 173 page memoranda in support), and the instant motion, were uploaded by the Clerk within twenty-four hours of filing. (ECF Nos.1 -3 ,5 .) Accordingly, Plaintiff's request for electronic filing privileges is denied without prejudice and with leave to renew if circumstances warrant such application. Any renewed application should specify why electronic filing access is necessary for Plaintiff to litigate this case. Ordered by Judge Joan M. Azrack on 1/13/2021. (js) Related: [-]
Thursday, December 10, 2020
8		8 misc Letter Thu 12/10 3:14 PM Letter from Pro Se Office to Pro Se Litigant dated 12/10/2020 Re: This letter acknowledges receipt of your civil action(s). (Ortiz, Grisel) Related: [-]
7		7 misc Letter Thu 12/10 3:03 PM Letter from Pro se Office to Pro se Litigant dated 12/10/2020 re: The Clerk's Office received your proposed civil summons and has issued an official stamped summons. Enclosed, please find the original and a copy of this summons in addition to instruction on the service of the summons and complaint. (Ortiz, Grisel) Related: [-]
6		6 misc Clerks Notice of Rule 73 Thu 12/10 11:04 AM 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:[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. (Cox, Dwayne) Related: [-]
Wednesday, December 09, 2020
5		5 misc Pro Se Consent to Electronic Notification Thu 12/10 11:01 AM Pro Se Consent to Electronic Notification by Robert S. Stone Jr., Esq. (Cox, Dwayne) Related: [-]
4		4 service Summons Issued Thu 12/10 10:53 AM Summons Issued as to Andrew M. Cuomo. (Cox, Dwayne) Related: [-]
3		3 30+ pgs respoth Memorandum in Support Thu 12/10 10:47 AM MEMORANDUM of Law in Support re:1 Complaint filed by Robert S. Stone Jr., Esq.. (Cox, Dwayne) Related: [-]
		Att: 1 Memorandum in Support
2		2 30+ pgs respoth Memorandum in Support Thu 12/10 10:24 AM MEMORANDUM of Law Part 1 in Support re:1 Complaint filed by Robert S. Stone Jr., Esq. (Cox, Dwayne) Related: [-]
1		1 cmp Complaint Thu 12/10 10:21 AM COMPLAINT against Andrew M. Cuomo Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Robert S. Stone Jr., Esq.. (Cox, Dwayne) Related: [-]
		Att: 1 Civil Cover Sheet
		misc Filing Fee Received Thu 12/10 10:55 AM FILING FEE: $ 402.00, receipt number 30436 (Cox, Dwayne) Related: [-]

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