New York State Correctional Officers and Police Benevolent Association, Inc. et al v. Hochul, et al
| New York Northern District Court | |
| Judge: | Mae A D'Agostino |
| Referred: | Christian F Hummel |
| Case #: | 1:21-cv-00535 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | May 07, 2021 |
| Terminated: | Jun 16, 2022 |
| Last checked: Wednesday Nov 03, 2021 4:47 AM EDT |
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Defendant
Anthony Annucci
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Represented By
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Defendant
New York State Department of Corrections and Community Supervision
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Represented By
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Defendant
State of New York
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Represented By
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Defendant
Kathy Hochul
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Represented By
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Plaintiff
John and Jane Does 1-18,000
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Represented By
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Plaintiff
Thomas Hannah
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Represented By
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Plaintiff
Chloe Hayes
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Represented By
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Plaintiff
Erik Mesunas
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Represented By
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Plaintiff
Kerri Montgomery
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Represented By
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Plaintiff
New York State Correctional Officers and Police Benevolent Association, Inc.
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Represented By
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Plaintiff
Sarah Tompkins
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Represented By
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Plaintiff
Alexander Voitsekhovski
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Represented By
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GPO
Jun 16 2022
/2022. (ban)MEMORANDUM-DECISION and ORDER denying 15 Motion to Dismiss: The Court hereby ORDERS Defendants' motion to dismiss (Dkt. No. 15) is GRANTED; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Defendants' favor and close this case; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 06/16 |
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GPO
Jun 16 2022
JUDGMENT in favor of Kathy Hochul, New York State Department of Corrections and Community Supervision, State of New York, Anthony Annucci against New York State Correctional Officers and Police Benevolent Association, Inc., John and Jane Does 1-18,000, Alexander Voitsekhovski, Chloe Hayes, Erik Mesunas, Kerri Montgomery, Sarah Tompkins, Thomas Hannah. (Attachments: # (1) Appeal Notice) (ban) |
| Docket last updated: 04/24/2024 11:59 PM EDT |
| Thursday, June 16, 2022 | ||
| 22 | 22
order
Judgment
Thu 06/16 10:00 AM
JUDGMENT in favor of Kathy Hochul, New York State Department of Corrections and Community Supervision, State of New York, Anthony Annucci against New York State Correctional Officers and Police Benevolent Association, Inc., John and Jane Does 1-18,000, Alexander Voitsekhovski, Chloe Hayes, Erik Mesunas, Kerri Montgomery, Sarah Tompkins, Thomas Hannah. (ban) |
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Att: 1
Appeal Notice
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20
pgs
order
Order on Motion to Dismiss Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Substitute Party
Thu 06/16 9:56 AM
MEMORANDUM-DECISION and ORDER denying15 Motion to Dismiss: The Court hereby ORDERS Defendants' motion to dismiss (Dkt. No. 15) is GRANTED; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Defendants' favor and close this case; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 06/16/2022. (ban) |
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| Monday, December 06, 2021 | ||
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respm
Reply to Response to Motion
Mon 12/06 5:02 PM
REPLY to Response to Motion re15 MOTION to Dismiss filed by Anthony Annucci, Andrew Cuomo. Motion returnable before Judge Mae A. D'Agostino MOTION to Dismiss for Failure to State a Claim filed by Anthony Annucci, Andrew Cuomo. Motion returnable before Judge Mae A. D'Agostino MOTION to Substitute Party filed by Anthony Annucci, Andrew Cuomo. filed by Anthony Annucci, Kathy Hochul, New York State Department of Corrections and Community Supervision, State of New York. (McCartin, Michael) |
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| Wednesday, November 24, 2021 | ||
| 19 | 19
respm
Affidavit in Opposition to Motion
Wed 11/24 12:40 PM
AFFIDAVIT in Opposition re15 MOTION to Dismiss filed by Anthony Annucci, Andrew Cuomo. Motion returnable before Judge Mae A. D'Agostino MOTION to Dismiss for Failure to State a Claim filed by Anthony Annucci, Andrew Cuomo. Motion returnable before Judge Mae A. D'Agostino MOTION to Substitute Party filed by Anthony Annucci, Andrew Cuomo. Declaration of Gregory T. Myers, Esq. filed by John and Jane Does 1-18,000, Thomas Hannah, Chloe Hayes, Erik Mesunas, Kerri Montgomery, New York State Correctional Officers and Police Benevolent Association, Inc., Sarah Tompkins, Alexander Voitsekhovski.(Myers, Gregory) |
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Att: 1
Exhibit(s) Memorandum of Anthony J. Annucci dated November 22, 2021
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30+
pgs
respm
Memorandum of Law
Wed 11/24 12:31 PM
MEMORANDUM OF LAW in Opposition to Defendants' Motion to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6) filed by John and Jane Does 1-18,000, Thomas Hannah, Chloe Hayes, Erik Mesunas, Kerri Montgomery, New York State Correctional Officers and Police Benevolent Association, Inc., Sarah Tompkins, Alexander Voitsekhovski. (Myers, Gregory) |
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| Thursday, September 23, 2021 | ||
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order
Order on Letter Request
Thu 09/23 12:54 PM
TEXT ORDER granting in part16 Letter Request for an extension of time to response to defendant's15 MOTION to Dismiss filed by Anthony Annucci, Andrew Cuomo: It is hereby ORDERED that the plaintiff's request for an extension of time to respond to the defendant's motion to dismiss is GRANTED in Part. The deadlines will be extended for 45 days. Due to the length of this extension, no further adjournment requests will be entertained. Response to Motion due by 11/29/2021; Reply to Response to Motion due by 12/6/2021. Signed by U.S. District Judge Mae A. D'Agostino on 9/23/21. (ban, ) |
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utility
Set Motion and R&R Deadlines/Hearings
Thu 09/23 12:55 PM
Reset Deadlines as to15 MOTION to Dismiss filed by Anthony Annucci, Andrew Cuomo: Response to Motion due by 11/29/2021; Reply to Response to Motion due by 12/6/2021. (ban) |
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| Wednesday, September 22, 2021 | ||
| 16 | 16
motion
Letter Request/Motion
Wed 09/22 11:43 AM
Letter Motion from Emily G. Hannigan, Esq. for New York State Correctional Officers and Police Benevolent Association, Inc. requesting Extension of time to December 11, 2021 to respond to Defendants' motion to dismiss ON CONSENT submitted to Judge D'Agostino . (Hannigan, Emily) |
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| Monday, September 20, 2021 | ||
| 15 | 15
motion
Dismiss Dismiss for Failure to State a Claim Substitute Party
Mon 09/20 8:27 PM
MOTION to Dismiss filed by Anthony Annucci, Andrew Cuomo. Motion returnable before Judge Mae A. D'Agostino(. Reply to Response to Motion due by 10/18/2021 ), MOTION to Dismiss for Failure to State a Claim filed by Anthony Annucci, Andrew Cuomo. Motion returnable before Judge Mae A. D'Agostino(. Reply to Response to Motion due by 10/18/2021 ), MOTION to Substitute Party filed by Anthony Annucci, Andrew Cuomo. Response to Motion due by 10/12/2021 Motions referred to Christian F. Hummel. (Matula, Brian) |
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Att: 1
Memorandum of Law,
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Att: 2
Declaration of Brian W. Matula,
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Att: 3
Exhibit(s) 1 - NYCLU Settlement Agreement,
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Att: 4
Exhibit(s) 2 - Ch. 93 Laws 2021,
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Att: 5
Exhibit(s) 3 - Governor's Approval Memorandum,
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Att: 6
Exhibit(s) 4 - Governor's Statement (Apr. 1, 2021)
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| Wednesday, July 21, 2021 | ||
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notice
Notice - Other
Wed 07/21 11:46 AM
TEXT NOTICE: The Rule 16 Initial Conference scheduled for 8/9/2021 at 10:00 AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the anticipated dispositive motion. (tab) |
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| Tuesday, July 20, 2021 | ||
| 13 | 13
notice
Notice of Appearance
Tue 07/20 12:56 PM
NOTICE of Appearance by Brian W. Matula on behalf of Anthony Annucci, Andrew Cuomo, New York State Department of Corrections and Community Supervision, State of New York (Matula, Brian) |
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minutes
Telephone Conference
Tue 07/20 2:22 PM
TEXT Minute Entry for Telephone Pre-Motion Conference held on 7/20/2021 before U.S. District Judge Mae A. D'Agostino: Appearances by Emily Hannigan, Esq. for the Plaintiffs; Brian Matula, AAG and Michael McCartin, AAG for defendants; Judge D'Agostino addresses counsel regarding the pre-motion letter and response. Counsel for the plaintiff and counsel for the defendant address the Court. Judge D'Agostino will permit defendant's to make their motion to dismiss. The motion shall be filed on or before 9/20/21. No extensions of this deadline will be entertained. (Court Reporter Theresa Casal, CRD Britney Norton [Time 2:00 p.m. - 2:09 p.m.]) (ban) |
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utility
Set Deadlines/Hearings
Tue 07/20 2:23 PM
Set Deadlines: Motions to be filed by 9/20/2021 (no extensions will be entertained). (ban) |
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| Monday, July 19, 2021 | ||
| 12 | 12
motion
Letter Request/Motion
Mon 07/19 11:59 AM
Plaintiffs' Letter Motion from Emily G. Hannigan for John and Jane Does 1-18,000, Thomas Hannah, Chloe Hayes, Erik Mesunas, Kerri Montgomery, New York State Correctional Officers and Police Benevolent Association, Inc., Sarah Tompkins, Alexander Voitsekhovski requesting that the Court deny defendant's request for permission to file a motion to dismiss submitted to Judge Hon. Mae A D'Agostino . (Hannigan, Emily) |
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| Wednesday, July 14, 2021 | ||
| 11 | 11
motion
Letter Request/Motion
Wed 07/14 5:07 PM
Letter Motion from Brian Matula, AAG for Anthony Annucci, Andrew Cuomo, New York State Department of Corrections and Community Supervision, State of New York requesting permission to file a Motion to Dismiss submitted to Judge D'Agostino . (McCartin, Michael) |
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| Friday, May 28, 2021 | ||
| 10 | 10
order
Order on Letter Request
Fri 05/28 4:30 PM
TEXT ORDER granting9 Letter Request for an extension of the answer deadline. Anthony Annucci answer due 7/15/2021; Andrew Cuomo answer due 7/15/2021; New York State Department of Corrections and Community Supervision answer due 7/15/2021; State of New York answer due 7/15/2021. Authorized by Magistrate Judge Christian F. Hummel on 5/28/2021. (tab) |
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motion
Letter Request/Motion
Fri 05/28 12:58 PM
Letter Motion from Brian W. Matula, Esq. for Anthony Annucci, Andrew Cuomo, New York State Department of Corrections and Community Supervision, State of New York requesting 45-day extension of time to answer or to submit pre-answer request to move (ON CONSENT) submitted to Judge Christian F. Hummel . (Matula, Brian) |
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| Thursday, May 13, 2021 | ||
| 8 | 8
service
Affidavit of Service
Thu 05/13 9:59 AM
AFFIDAVIT of Service for Summons in a Civil Action with Class Action Complaint for Deprivation of Rights with Supporting Papers and Notice with General Order #25 and Supporting Papers on State of New York served on Denise Gagwer, legal assistant, authorized to accept on 5/11/21, filed by New York State Correctional Officers and Police Benevolent Association, Inc.. (Myers, Gregory) |
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service
Affidavit of Service
Thu 05/13 9:56 AM
AFFIDAVIT of Service for Summons in a Civil Action with Class Action Complaint for Deprivation of Rights with Supporting Papers and Notice with General Order #25 and Supporting Papers on New York State Department of Corrections and Community Supervision, care of Anthony J. Annucci served on Kevin Kortright, authorized to accept on 5/11/21, filed by New York State Correctional Officers and Police Benevolent Association, Inc.. (Myers, Gregory) |
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service
Affidavit of Service
Thu 05/13 9:53 AM
AFFIDAVIT of Service for Summons in a Civil Action with Class Action Complaint for Deprivation of Rights with Supporting Papers and Notice with General Order #25 and Supporting Papers Andrew Cuomo, Governor of the State of New York care of NYS Attorney General served on Cristal Gazelone, Authorized Clerk on 5/11/21, filed by New York State Correctional Officers and Police Benevolent Association, Inc.. (Myers, Gregory) |
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utility
Set/Reset Answer Deadline
Thu 05/13 10:26 AM
***Answer due date updated for Andrew Cuomo answer due 6/1/2021; New York State Department of Corrections and Community Supervision answer due 6/1/2021; State of New York answer due 6/1/2021. (khr) |
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| Monday, May 10, 2021 | ||
| 5 | 5
notice
Notice Regarding Judge D'Agostino Case Disposition Pilot (Text-Only)
Mon 05/10 12:54 PM
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 . (khr) |
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misc
G.O. 25 Filing Order
Mon 05/10 12:53 PM
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 8/9/2021 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/2/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) |
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service
Summons Issued
Mon 05/10 12:52 PM
Summons Issued as to Andrew Cuomo.(khr) |
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Att: 1
Summons issued to Anthony Annucci,
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Att: 2
Summons issued to NYSDOCCS,
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Att: 3
Summons issued to State of New York
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notice
Notice - Other
Mon 05/10 1:00 PM
TEXT NOTICE: Although the plaintiffs herein have named John and Jane Does 1-18,000 in the Complaint, the Clerk's Office will not issue summonses for service of process on a John and Jane Doe defendant at this time. In the event plaintiffs wish to pursue the claims against those defendants, plaintiffs shall take reasonable steps to ascertain their identities. When plaintiffs determine the identity of the "John and Jane Doe" defendants, plaintiffs may seek to amend the pleadings to add the properly named defendants pursuant to FED.R.CIV.P. 15 and summonses will be issued at that time. (khr) |
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| Friday, May 07, 2021 | ||
| 2 | 2
misc
FRCP 7.1 Corporate Disclosure Statement
Mon 05/10 12:49 PM
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by New York State Correctional Officers and Police Benevolent Association, Inc. (khr) |
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| 1 | 1
64
pgs
cmp
Complaint
Mon 05/10 12:48 PM
COMPLAINT against Anthony Annucci, Andrew Cuomo, New York State Department of Corrections and Community Supervision, State of New York (Filing fee $402 receipt number ANYNDC-5517975) filed by Chloe Hayes, Thomas Hannah, New York State Correctional Officers and Police Benevolent Association, Inc., Erik Mesunas, Kerri Montgomery, Sarah Tompkins, Alexander Voitsekhovski.(khr) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Civil Cover Sheet
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