Hunter et al v. Cortland Housing Authority et al
| New York Northern District Court | |
| Judge: | Glenn T Suddaby |
| Referred: | Miroslav Lovric |
| Case #: | 5:23-cv-01540 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Dec 07, 2023 |
| Last checked: Sunday Jan 21, 2024 3:54 AM EST |
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Defendant
Cortland Housing Authority
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Represented By
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Defendant
Ella M. Dilorio
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Represented By
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Plaintiff
Robert Hunter
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Represented By
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Plaintiff
Elmer Irwin
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Represented By
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Plaintiff
Doug Merrin
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Represented By
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Plaintiff
The Second Amendment Foundation
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Represented By
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GPO
Jan 30 2024
DECISION AND ORDER the Clerk of Court shall amend the docket sheet to correct the spelling of Defendant Diiorio's last name, in accordance with note 1 of this Decision and Order. Plaintiffs' consolidated motion for a temporary restraining order and preliminary injunction (Dkt. No. 2) is GRANTED. Defendants, their officers, agents, servants, employees and attorneys and those acting in concert with them, are TEMPORARILY ENJOINED from taking any action to enforce, or otherwise requiring any person or entity to comply with, the Firearms Ban as set forth in "Tenant's Obligations" in Article IX, Section (p) of Defendants' standard Residential Lease Agreement, pending final resolution of this action, EXCEPT to the extent that it prohibits the display, use or possession of firearms in the common areas, grounds or parking areas of the property of CHA in violation of New York State law. Plaintiffs are EXCUSED from giving security. Signed by U.S. District Judge Glenn T. Suddaby on 1/30/2024. (sal) |
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GPO
May 09 2024
DECISION AND ORDER that Defendants' motion to dismiss as a party to this action Plaintiff Second Amendment Foundation for lack of subject-matter jurisdiction (due to lack of standing) pursuant to Fed. R. Civ. P. 12(b)(1) (Dkt. No. 16) is GRANTED. The first claim of Plaintiffs Amended Complaint (Dkt. No. 20) is DISMISSED without prejudice to the extent it is asserted by Plaintiff Second Amendment Foundation. The Clerk of Court is directed to TERMINATE Plaintiff Second Amendment Foundation as a party to this action. Signed by U.S. District Judge Glenn T Suddaby on 5/9/2024. (sal ) |
| Docket last updated: 2 hours ago |
| Thursday, May 09, 2024 | ||
| 48 | 48
16
pgs
order
Order on Letter Request Order on Motion to Dismiss/Lack of Subject Matter Jurisdiction
Thu 05/09 10:59 AM
DECISION AND ORDER that Defendants' motion to dismiss as a party to this action Plaintiff Second Amendment Foundation for lack of subject-matter jurisdiction (due to lack of standing) pursuant to Fed. R. Civ. P. 12(b)(1) (Dkt. No.16 ) is GRANTED. The first claim of Plaintiffs Amended Complaint (Dkt. No.20 ) is DISMISSED without prejudice to the extent it is asserted by Plaintiff Second Amendment Foundation. The Clerk of Court is directed to TERMINATE Plaintiff Second Amendment Foundation as a party to this action. Signed by U.S. District Judge Glenn T Suddaby on 5/9/2024. (sal ) |
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notice
Notice of Hearing on Motion
Thu 05/09 8:23 AM
COURT TEXT NOTICE resetting the deadline for a response to the47 MOTION to Compel and for Sanctions pursuant to the Court's 46 Order. Response to Motion due by 5/24/2024 (amt) |
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notice
Notice - Other
Thu 05/09 10:55 AM
TEXT NOTICE: U.S. District Judge Glenn T. Suddaby has sua sponte reconsidered his decision to grant Plaintiffs' request (Dkt. No.34 ) for oral argument on Defendants' motion to dismiss (Dkt. No.16 ) and a written decision on the pending motion will be issued shortly. (sal ) |
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| Wednesday, May 08, 2024 | ||
| 47 | 47
motion
Compel Sanctions
Wed 05/08 6:09 PM
MOTION to Compel filed by Robert Hunter, Elmer Irwin, Doug Merrin, The Second Amendment Foundation., MOTION for Sanctions filed by Robert Hunter, Elmer Irwin, Doug Merrin, The Second Amendment Foundation.(. Reply to Response to Motion due by 6/5/2024 ) Response to Motion due by 5/29/2024 Motions referred to Miroslav Lovric. (Krimnus, Serge) |
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Att: 1
Memorandum of Law,
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Att: 2
Declaration,
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Att: 3
Exhibit(s),
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Att: 4
Exhibit(s),
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Att: 5
Proposed Order/Judgment
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| Monday, April 22, 2024 | ||
| 46 | 46
order
Order ~Util - Set Deadlines/Hearings
Mon 04/22 3:39 PM
TEXT ORDER: Pursuant to the Hearing held on 4/22/2024: (1) the parties are directed to continue to confer in good faith and attempt to resolve the discovery disputes as described in Dkt. Nos.43 &45 ; (2) the Court encourages the parties to jointly draft and propose an appropriate Protective Order for Court consideration; (3) a Motion to Compel by Plaintiffs, on issues raised in Dkt. No.43 , shall be filed by 5/8/2024 and Defendants shall respond to such motion by 5/24/2024; (4) a Hearing is scheduled for 6/11/2024 at 2:30 p.m., via Teams teleconference; (5) Text Order 44 and the directives therein remain in effect; and (6) the deadlines and schedules as set forth in Dkt. Nos.39 ,40 , 41 remain in effect. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 4/22/2024. (sg) |
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minutes
Telephone Conference
Mon 04/22 3:29 PM
TEXT Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an on the record Hearing was held on 4/22/2024, via Teams teleconference. The Court and parties addressed Plaintiffs' Letter Motion43 and Defendants' Response45 . After hearing from the parties, the Court issued a motion schedule for filing of motion and response. Text Order 44 remains in effect. The Court also reminded the parties as to the deadlines and schedules as set forth in Dkt. Nos.39 ,40 , 41 . Appearances: S. Krimnus, Esq., for the Plaintiffs; M. Houston, Esq., for the Defendants; and H. Cavanaugh, Court Reporter. (sg) |
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| Wednesday, April 17, 2024 | ||
| 45 | 45
misc
Response to Letter Brief
Wed 04/17 3:55 PM
RESPONSE TO LETTER BRIEF filed by Cortland Housing Authority, Ella M. Diiorio as to 44 Order on Letter Request,,, to Magistrate Lovric .(Houston, Mark) |
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Att: 1
Exhibit(s) A - Plaintiffs' Request for Admission to CHA,
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Att: 2
Exhibit(s) B - Plaintiffs' First Set of Interrogatories to CHA,
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Att: 3
Exhibit(s) C- Plaintiffs' Request for Production to CHA,
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Att: 4
Exhibit(s) D - Plaintiffs' Request of Admission to Ms. Diiorio,
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Att: 5
Exhibit(s) E - Plaintiffs' First Set of Interrogatories to Ms. Diiorio,
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Att: 6
Exhibit(s) F- Plaintiffs' Request for Production to Ms. Diiorio,
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Att: 7
Exhibit(s) G - CHA's Response to Plaintiffs' Request for Admissions and Interrogatories,
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Att: 8
Exhibit(s) H - Ms. Diiorio's CHA's Response to Plaintiffs' Request for Admissions and Interrogatories,
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Att: 9
Exhibit(s) I - Plaintiff Hunter's NYS DHR Complaint,
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Att: 10
Declaration Declaration of Ella Diiorio in Opposition
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| Wednesday, April 10, 2024 | ||
| 44 | 44
order
Order on Letter Request
Wed 04/10 9:00 AM
TEXT ORDER: Letter Motion43 is GRANTED insofar as and to the extent that: (1) Defendants are Ordered to immediately cease deleting materials and information, in any form, as described in Letter43 , and are Ordered to immediately preserve all materials and information, in any form, as described in Letter43 ; (2) Defendants are Ordered to immediately take all reasonable steps to retrieve and recover all materials and information, in any form, as described in Letter43 , which has been deleted or destroyed; (3) an on the record Hearing is scheduled for 4/22/2024 at 2:00 p.m., via Teams teleconference; (4) Defendants are directed to file a response by 4/17/2024 to Letter43 ; and (5) the Courtroom Deputy will provide counsel with a Teams invite that contains the call-in information for the 4/22/2024 Hearing. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 4/10/2024. (jdc ) |
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| 43 | 43
motion
Letter Request/Motion
Wed 04/10 1:54 AM
Letter Motion from Serge Krimnus for Robert Hunter, Elmer Irwin, Doug Merrin, The Second Amendment Foundation requesting conference re discovery dispute submitted to Judge Miroslav Lovric . (Krimnus, Serge) |
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| Thursday, April 04, 2024 | ||
| 42 | 42
adr
Stipulation Selecting Mediator
Thu 04/04 1:21 PM
STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Terrence P. O'Connor has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Mark T. Houston and Serge Krimnus. Dated: 4/4//20214(Houston, Mark) |
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| Thursday, March 14, 2024 | ||
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misc
Clerk Correction of Docket Entry
Thu 03/14 11:04 AM
CLERK'S CORRECTION OF DOCKET ENTRY : Clerk accidentally filed a minute entry in this case they did not belong on this docket and has sense deleted the entry. (jdc ) |
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| Thursday, March 07, 2024 | ||
| 41 | 41
order
Status Report Order ~Util - Set Hearings
Thu 03/07 2:16 PM
TEXT ORDER: On or before 6/10/2024, the parties shall file status reports regarding the progress of the litigation. A telephone conference is scheduled for 6/21/2024 at 11:00 a.m. The Courtroom Deputy will provide counsel with a Teams invite that contains the call-in information. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 3/7/2024. (amt) |
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| 40 | 40
2
pgs
order
Order Referring Case to Mandatory Mediation
Thu 03/07 2:15 PM
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 4/4/2024. Deadline for completion of Mandatory Mediation is 6/21/2024. Signed by Magistrate Judge Miroslav Lovric on 3/7/2024. (amt) |
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| 39 | 39
order
Uniform Pretrial Scheduling Order
Thu 03/07 2:13 PM
UNIFORM PRETRIAL SCHEDULING ORDER: Joinder of Parties / Amended Pleadings due by 6/5/2024. Discovery due by 12/23/2024. Plaintiffs Expert Disclosure Deadline is 9/24/2024. Defendants Expert Disclosure Deadline is 11/8/2024. Rebuttal Expert Disclosure Deadline is 11/25/2024. Motions to be filed by 1/21/2025. Signed by Magistrate Judge Miroslav Lovric on 3/7/2024. (amt) |
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minutes
Pretrial Conference - Interim
Thu 03/07 2:09 PM
Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an initial conference was held on 3/7/2024. Pretrial deadlines were discussed and set. A telephone conference is scheduled for 6/21/2024 at 11:00 a.m. Appearances: S. Krimnus, Esq., for the Plaintiffs; and M. Houston, Esq., for the Defendants. (amt) |
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| Thursday, February 29, 2024 | ||
| 38 | 38
misc
Civil Case Management Plan
Thu 02/29 11:49 AM
CIVIL CASE MANAGEMENT PLAN by Robert Hunter, Elmer Irwin, Doug Merrin, The Second Amendment Foundation. (Krimnus, Serge) |
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| Monday, February 19, 2024 | ||
| 37 | 37
respm
Reply to Response to Motion
Mon 02/19 11:39 AM
REPLY to Response to Motion re16 First MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Cortland Housing Authority, Ella M. Dilorio. Motion returnable before Judge Glenn T. Suddaby filed by Cortland Housing Authority, Ella M. Diiorio. (Houston, Mark) |
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| Friday, February 16, 2024 | ||
| 36 | 36
order
Order ~Util - Set Deadlines/Hearings
Fri 02/16 12:34 PM
TEXT ORDER: The Rule 16 Initial Conference is scheduled for 3/7/2024 at 1:00 p.m., via Teams teleconference, before Magistrate Judge Miroslav Lovric. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/29/2024. Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 2/16/2024. (jdc ) |
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minutes
Telephone Conference
Fri 02/16 12:33 PM
Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: a conference was held on 2/16/2024, via Teams teleconference, to discuss the request by all parties as set forth in Letter30 . All parties requested that the Court schedule the Rule 16 Initial Conference and proceed with discovery in this matter. As requested by all parties jointly, the Court scheduled the Rule 16 conference. Appearances: S. Krimnus, Esq., for the Plaintiffs; and M. Houston, Esq., for the Defendants. (jdc ) |
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| Tuesday, February 13, 2024 | ||
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order
Order on Letter Request
Tue 02/13 8:54 AM
TEXT ORDER: Letter Motion30 is GRANTED ONLY insofar as and to the extent that a conference is scheduled for 2/16/2024 at 11:00 a.m., via Teams teleconference, to discuss the issues raised in Letter30 . SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 2/13/2024. (jdc) |
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| Monday, February 12, 2024 | ||
| 34 | 34
motion
Letter Request/Motion
Mon 02/12 11:25 PM
Letter Motion from Serge Krimnus for Robert Hunter, Elmer Irwin, Doug Merrin, The Second Amendment Foundation requesting Inexperienced Attorney Oral Argument on Defendants' Motion to Dismiss [ECF 16] submitted to Judge Glenn T. Suddaby . (Krimnus, Serge) |
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| 33 | 33
respm
Response in Opposition to Motion
Mon 02/12 11:17 PM
RESPONSE in Opposition re16 First MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Cortland Housing Authority, Ella M. Dilorio. Motion returnable before Judge Glenn T. Suddaby filed by The Second Amendment Foundation. (Krimnus, Serge) |
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| Friday, February 09, 2024 | ||
| 32 | 32
answer
Answer to Amended Complaint
Fri 02/09 4:08 PM
ANSWER to20 Amended Complaint by Ella M. Diiorio.(Liguori, John) |
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| 31 | 31
answer
Answer to Amended Complaint
Fri 02/09 4:07 PM
ANSWER to20 Amended Complaint by Cortland Housing Authority.(Liguori, John) |
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| Thursday, February 08, 2024 | ||
| 30 | 30
motion
Letter Request/Motion
Thu 02/08 1:58 PM
Consented Letter Motion from Serge Krimnus for Robert Hunter, Elmer Irwin, Doug Merrin, The Second Amendment Foundation requesting Initial Conference submitted to Judge Miroslav Lovric . (Krimnus, Serge) |
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| Tuesday, January 30, 2024 | ||
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order
Order
Tue 01/30 5:37 PM
TEXT ORDER denying without prejudice24 Defendants' letter-motion requesting leave to supplement their memorandum of law in support of their pending motion to dismiss for lack of subject-matter jurisdiction (Dkt. No.16 ) in order "to address [Plaintiff Second Amendment Foundation's] standing under the newly pled Count Four of the [First Amended Complaint]." Although Count Four of Plaintiffs' First Amended Complaint is "newly pled" in the sense that there was no "Count Four" in their original Complaint, it is not newly pled in the sense that it appears substantively the same as Count Two of their original Complaint. (Compare Dkt. No.1 , at Paragraphs 50-54 with Dkt. No.20 , at Paragraphs 94-100.) Most notably, it is not asserted by Plaintiff Second Amended Foundation but solely by the three Individual Plaintiffs. (Id.) As a result, the Court can see no need for Defendants to supplement their original memorandum of law. Having said that, because subject-matter jurisdiction is an issue that the Court is duty bound to assess at all times under Fed. R. Civ. P. 12(h)(3), Defendants are respectfully advised that they may "address [Plaintiff Second Amendment Foundation's] standing under the newly pled Count Four of the [First Amended Complaint]" in their reply memorandum of law; however, if they do so, Plaintiffs shall be given a full and fair opportunity to respond to it in a sur-reply memorandum of law. Alternatively, of course, Defendants may simply renew their letter-motion, which has been denied without prejudice. Until they successfully do so, the stay imposed through the Court's Text Order of 01/12/2024 (Dkt. No. 21 ) is hereby LIFTED, and the deadlines are reset as follows: Plaintiffs' response to Defendants' motion is due by the end of MONDAY 02/12/2024; and Defendants' reply to Plaintiffs' response is due by the end of MONDAY 02/19/2024. SO ORDERED by U.S. District Judge Glenn T Suddaby on 1/30/2024. (sal ) |
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| 28 | 28
29
pgs
order
Order on Motion for Preliminary Injunction Order on Motion for TRO
Tue 01/30 3:13 PM
DECISION AND ORDER the Clerk of Court shall amend the docket sheet to correct the spelling of Defendant Diiorio's last name, in accordance with note 1 of this Decision and Order. Plaintiffs' consolidated motion for a temporary restraining order and preliminary injunction (Dkt. No.2 ) is GRANTED. Defendants, their officers, agents, servants, employees and attorneys and those acting in concert with them, are TEMPORARILY ENJOINED from taking any action to enforce, or otherwise requiring any person or entity to comply with, the Firearms Ban as set forth in "Tenant's Obligations" in Article IX, Section (p) of Defendants' standard Residential Lease Agreement, pending final resolution of this action, EXCEPT to the extent that it prohibits the display, use or possession of firearms in the common areas, grounds or parking areas of the property of CHA in violation of New York State law. Plaintiffs are EXCUSED from giving security. Signed by U.S. District Judge Glenn T. Suddaby on 1/30/2024. (sal) |
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| Wednesday, January 24, 2024 | ||
| 27 | 27
misc
Transcript
Wed 01/24 8:08 AM
TRANSCRIPT of Proceedings: Motion Hearing held on 1/17/2024 before Judge Glenn T. Suddaby, Court Reporter: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/14/2024. Redacted Transcript Deadline set for 2/26/2024. Release of Transcript Restriction set for 4/23/2024. Notice of Intent to Redact due by 1/29/2024 (jlh, ) |
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| Thursday, January 18, 2024 | ||
| 26 | 26
misc
Transcript Request
Thu 01/18 7:48 PM
TRANSCRIPT REQUEST by Robert Hunter, Elmer Irwin, Doug Merrin, The Second Amendment Foundation for proceedings held on January 17, 2024 before Judge Suddaby.. (Paltzik, Edward) |
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| Wednesday, January 17, 2024 | ||
| 25 | 25
notice
Notice - Other
Wed 01/17 3:16 PM
NOTICE by Robert Hunter, Elmer Irwin, Doug Merrin, The Second Amendment Foundation re24 Status Report ; Plaintiffs' Response to Defendants' Letter (Krimnus, Serge) |
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minutes
Motion Hearing
Wed 01/17 5:28 PM
TEXT Minute Entry for proceedings held before U.S. District Judge Glenn T Suddaby on 1/17/2024. District Judge Suddaby hears oral argument from counsel regarding Plaintiffs'2 Motion for Preliminary Injunction and Temporary Restraining Order. District Judge Suddaby reserves decision at this time. A written decision will be forthcoming. APP: Edward Paltzik, Esq., Serge Krimnus, Esq., John Liguori, Esq., and Mark Houston, Esq.. Time: 11:05 AM - 11:55 AM. (Court Reporter Jodi Hibbard) (sal) |
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| Tuesday, January 16, 2024 | ||
| 24 | 24
misc
Status Report
Tue 01/16 8:42 PM
STATUS REPORT in Response to the January 12, 2024 Text Order by Cortland Housing Authority, Ella M. Dilorio. (Houston, Mark) |
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| 23 | 23
misc
Status Report
Tue 01/16 3:21 PM
STATUS REPORT by Cortland Housing Authority, Ella M. Dilorio. (Houston, Mark) |
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| 22 | 22
notice
Notice - Other
Tue 01/16 2:46 PM
NOTICE by Robert Hunter, Elmer Irwin, Doug Merrin, The Second Amendment Foundation re January 17, 2024 Oral Argument (Krimnus, Serge) |
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| Friday, January 12, 2024 | ||
| 21 | 21
order
Order
Fri 01/12 10:47 AM
TEXT ORDER staying the deadlines for a response and a reply on Defendants' pending motion to dismiss, and directing Defendants to do one of the following two things within THREE (3) BUSINESS DAYS of the issuance of this Text Order: (1) file a letter advising the Court what portions (if any) of their motion to dismiss remain pending following Plaintiff's filing of an Amended Complaint as of right, or (2) file a letter withdrawing their motion (or a portion of their motion) without prejudice as moot. The parties are respectfully advised that, if any portion of Defendants' motion to dismiss remains pending, and Defendants would like to supplement their motion (e.g., to address any newly asserted claims), Defendants will be given a reasonable opportunity in which to do so through a letter-brief, then the deadlines for a response and reply will be reset. SO ORDERED by U.S. District Judge Glenn T Suddaby on 1/12/2024. (sal ) |
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| Thursday, January 11, 2024 | ||
| 20 | 20
cmp
Amended Complaint
Thu 01/11 9:54 PM
AMENDED COMPLAINT against Cortland Housing Authority, Ella M. Dilorio filed by Robert Hunter, Elmer Irwin, The Second Amendment Foundation, Doug Merrin.(Krimnus, Serge) |
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Att: 1
Exhibit(s) A - CHA Lease
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| Wednesday, January 10, 2024 | ||
| 19 | 19
respm
Reply to Response to Motion
Wed 01/10 7:41 PM
REPLY to Response to Motion re2 MOTION for Preliminary Injunction filed by Robert Hunter, Elmer Irwin, Doug Merrin, Second Amendment Foundation. Motion returnable before Judge Glenn T. Suddaby MOTION for Temporary Restraining Order filed by Robert Hunter, Elmer Irwin, Doug Merrin, Second Amendment Foundation.(Paltzik, Edward) |
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Att: 1
Declaration Hunter Declaration,
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Att: 2
Declaration Irwin Declaration,
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Att: 3
Declaration Merrin Declaration
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| Thursday, January 04, 2024 | ||
| 18 | 18
order
1 - Terminate Deadlines and Hearings Order
Thu 01/04 8:59 AM
TEXT ORDER: In light of the filing of Motion to Dismiss16 , the Rule 16 Initial Conference scheduled for 3/14/2024 before Magistrate Judge Miroslav Lovric, and the conference related deadlines, are all STAYED without date. SO ORDEREED by U.S. Magistrate Judge Miroslav Lovric on 1/4/2024. (jdc ) |
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| Wednesday, January 03, 2024 | ||
| 17 | 17
respm
Response in Opposition to Motion
Wed 01/03 2:41 PM
RESPONSE in Opposition re2 MOTION for Preliminary Injunction filed by Robert Hunter, Elmer Irwin, Doug Merrin, Second Amendment Foundation. Motion returnable before Judge Glenn T. Suddaby MOTION for Temporary Restraining Order filed by Cortland Housing Authority, Ella M. Dilorio.(Liguori, John) |
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Att: 1
Declaration Ella M. DiLorio Declaration,
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Att: 2
Exhibit(s) Exhibit 1 to Ella M. DiLorio Declaration,
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Att: 3
Exhibit(s) Exhibit 2 to Ella M. DiLorio Declaration,
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Att: 4
Exhibit(s) Exhibit 3 to Ella M. DiLorio Declaration,
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Att: 5
Exhibit(s) Exhibit 4 to Ella M. DiLorio Declaration,
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Att: 6
Exhibit(s) Exhibit 5 to Ella M. DiLorio Declaration,
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Att: 7
Exhibit(s) Exhibit 6 to Ella M. DiLorio Declaration,
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Att: 8
Memorandum of Law Memo of Law in Opposition
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| 16 | 16
motion
Dismiss/Lack of Subject Matter Jurisdiction
Wed 01/03 2:37 PM
First MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Cortland Housing Authority, Ella M. Dilorio. Motion returnable before Judge Glenn T. Suddaby Response to Motion due by 1/24/2024. Reply to Response to Motion due by 1/31/2024 (Liguori, John) |
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Att: 1
Declaration Attorney Declaration in Support of Defendants' Motion to Dismiss the Second Amendment Foundation,
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Att: 2
Memorandum of Law Memorandum of law in Support of Defendants' Motion to Dismiss and in Opposition,
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Att: 3
Declaration Declaration of Ella M. DiLorio in Opposition to Plaintiffs' Application for Injunctive Relief,
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Att: 4
Exhibit(s) Exhibit 1 to Ella M. DiLorio Declaration,
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Att: 5
Exhibit(s) Exhibit 2 to Ella M. DiLorio Declaration,
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Att: 6
Exhibit(s) Exhibit 3 to Ella M. DiLorio Declaration,
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Att: 7
Exhibit(s) Exhibit 4 to Ella M. DiLorio Declaration,
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Att: 8
Exhibit(s) Exhibit 5 to Ella M. DiLorio Declaration,
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Att: 9
Exhibit(s) Exhibit 6 to Ella M. DiLorio Declaration
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| Tuesday, January 02, 2024 | ||
| 15 | 15
answer
Answer to Complaint
Tue 01/02 8:10 AM
First ANSWER to1 Complaint, by Ella M. Dilorio.(Liguori, John) |
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| 14 | 14
answer
Answer to Complaint
Tue 01/02 8:10 AM
First ANSWER to1 Complaint, by Cortland Housing Authority.(Liguori, John) |
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| Wednesday, December 27, 2023 | ||
| 13 | 13
notice
Notice of Appearance
Wed 12/27 10:05 AM
NOTICE OF APPEARANCE by Mark T Houston on behalf of All Defendants (Houston, Mark) |
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| 12 | 12
notice
Notice of Appearance
Wed 12/27 10:04 AM
NOTICE OF APPEARANCE by John W. Liguori on behalf of All Defendants (Liguori, John) |
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| Tuesday, December 26, 2023 | ||
| 11 | 11
notice
Notice - Other
Tue 12/26 4:12 PM
NOTICE by Robert Hunter, Elmer Irwin, Doug Merrin, Second Amendment Foundation re Notice of Hearing on Motion,,,, (Krimnus, Serge) |
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notice
Notice of Hearing on Motion
Tue 12/26 5:12 PM
TEXT NOTICE: Based upon the11 notice and consent of the parties, the briefing schedule regarding Plaintiffs'2 Motion for a Preliminary Injunction and Plaintiffs'2 Temporary Restraining Order are now consolidated with an in person Motion Hearing set for 1/17/2024 at 11:00 AM in Syracuse before U.S. District Judge Glenn T Suddaby. Defendants' papers in response to both motions referenced above are due on or before 1/3/2024; and Plaintiffs' reply papers to both motions referenced above are due on or before 1/10/2024. The day before the hearing, each party must file a letter advising the Court of the extent to which, at the hearing, it intends to adduce evidence through live witness testimony and exhibits or it intends to offer only oral argument (in which case it would rely on the declarations and exhibits adduced in its motion papers). (sal ) |
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| Friday, December 15, 2023 | ||
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notice
Notice of Hearing on Motion
Fri 12/15 3:02 PM
TEXT NOTICE of Hearing on Plaintiffs' Motion2 for Preliminary Injunction and Temporary Restraining Order : Motion Hearing regarding Plaintiffs' Motion for a Temporary Restraining Order is set for 1/17/2024 at 11:00 AM in Syracuse before U.S. District Judge Glenn T Suddaby. Defendants' papers in response to Plaintiffs' motion for temporary restraining order are due on or before 1/3/2024; and Plaintiffs' reply papers are due on or before 1/10/2024. The day before the hearing, each party must file a letter advising the Court of the extent to which, at the hearing, it intends to adduce evidence through live witness testimony and exhibits or it intends to offer only oral argument (in which case it would rely on the declarations and exhibits adduced in its motion papers). The parties are directed to promptly advise the Court if they would like the same briefing schedule as referenced above, including the date and time of the hearing, and consolidate to consolidate the briefing schedules for Plaintiffs' motion for a Temporary Restraining Order and a Preliminary Injunction. (Plaintiffs' counsel is directed to serve a copy of this text notice upon Defendants) (sal) |
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| Wednesday, December 13, 2023 | ||
| 10 | 10
service
Certificate of Service
Wed 12/13 8:34 PM
CERTIFICATE OF SERVICE by Robert Hunter, Elmer Irwin, Doug Merrin, Second Amendment Foundation (Paltzik, Edward) |
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| 9 | 9
service
Affidavit of Service
Wed 12/13 12:17 PM
AFFIDAVIT of Service for Complaint, motion papers and Text Order , pursuant to ECF 5, served on Defendant Ella M. Dilorio on December 12, 2023, filed by Robert Hunter, Elmer Irwin, Doug Merrin, Second Amendment Foundation. (Paltzik, Edward) |
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utility
Set/Reset Answer Deadline
Wed 12/13 11:52 AM
***Answer due date updated for Cortland Housing Authority answer due 1/2/2024. (kck) |
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utility
Set/Reset Answer Deadline
Wed 12/13 3:51 PM
***Answer due date updated for Ella M. Dilorio answer due 1/2/2024. (kck) |
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| Tuesday, December 12, 2023 | ||
| 8 | 8
service
Affidavit of Service
Tue 12/12 7:45 PM
AFFIDAVIT of Service for Complaint, motion papers and Text Order , pursuant to ECF 5, served on Defendant Cortland Housing Authority on December 12, 2023, filed by Robert Hunter, Elmer Irwin, Doug Merrin, Second Amendment Foundation. (Paltzik, Edward) |
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| Monday, December 11, 2023 | ||
| 7 | 7
misc
Amended Document - NOT Motion
Mon 12/11 1:05 PM
AMENDED DOCUMENT by Robert Hunter, Elmer Irwin, Doug Merrin, Second Amendment Foundation. Amendment to2 MOTION for Preliminary Injunction filed by Robert Hunter, Elmer Irwin, Doug Merrin, Second Amendment Foundation. Motion returnable before Judge Glenn T. Suddaby MOTION for Temporary Restraining Order [Attachment #7 to TRO/MPI, Kraut Declaration] . (Paltzik, Edward) |
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notice
Notice - Other
Mon 12/11 9:39 AM
TEXT NOTICE: The Initial Conference set for 3/14/2024 at 1:30PM before Magistrate Judge Miroslav Lovric, via Microsoft Teams Teleconferencing. The Courtroom Deputy will send a teams link to the parties to participate. (jdc ) |
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| Friday, December 08, 2023 | ||
| 6 | 6
notice
Notice of Appearance
Fri 12/08 9:29 PM
NOTICE OF APPEARANCE by Serge Krimnus on behalf of Robert Hunter, Elmer Irwin, Doug Merrin, Second Amendment Foundation (Krimnus, Serge) |
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| 5 | 5
order
Order on Motion for Preliminary Injunction Order on Motion for TRO
Fri 12/08 8:01 PM
TEXT ORDER denying2 Plaintiffs' application for an Order to Show Cause under Local Rule 65.1 and 7.1(e), and reserving decision on2 Plaintiffs' motion for a Temporary Restraining Order and2 their motion for a Preliminary Injunction, pending the completion of briefing, and the conducting of a hearing, on each. Plaintiff's application for an Order to Show Cause is unsupported by an affidavit that clearly and specifically shows good and sufficient cause why the standard Notice of Motion procedure (i.e., advanced notice, 21 days for an opposition, and 7 days for a reply) cannot be used with regard to the underlying motion for a Temporary Restraining Order, as required by Local Rule 7.1(e). (Dkt. No.2 , Attach. 2, at 11, 17-18; Dkt. No.2 , Attach. 5, at 10; Dkt. No.2 , Attach. 6, at 8; Dkt. No.2 , Attach. 7, at 10; Dkt. No.2 , Attach. 8, at 8.) In addition, Plaintiffs' application for an Order to Show Cause is unsupported by a detailed and specific affidavit demonstrating good cause why they cannot give reasonable advanced notice of that application to Defendants, and substantial prejudice that would result from the requirement of such reasonable advanced notice, as also required by Local Rule 7.1(e). (Id.) Indeed, Plaintiffs' counsel appears to concede the appropriateness of such notice by email and phone. (Dkt. No.2 , Attach. 2, at 18.) As a result, Plaintiffs are directed to serve Defendants with a copy of their Complaint, motion papers and this Text Order. Defendants' papers in response to Plaintiffs' motion for temporary restraining order are due within 21 days of Plaintiffs' filing of a Certificate of Service; and Plaintiffs' reply papers are due within 7 days after the filing of Defendants' response papers. Following this Text Order, the Court shall schedule a hearing on Plaintiffs' motion for a Temporary Restraining Order. The day before the hearing, each party must file a letter advising the Court of the extent to which, at the hearing, it intends to adduce evidence through live witness testimony and exhibits or it intends to offer only oral argument (in which case it would rely on the declarations and exhibits adduced in its motion papers). A Text Order scheduling the deadlines for the completion of the briefing, and the date and time of a hearing, on Plaintiffs' motion for a Preliminary Injunction shall be forthcoming (unless the parties agree to consolidate Plaintiffs' two motions). SO ORDERED by U.S. District Judge Glenn T Suddaby on 12/8/2023. (sal ) |
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| 4 | 4
misc
G.O. 25 Filing Order
Fri 12/08 11:58 AM
G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 3/14/2024 at 1:30 PM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/7/2024. (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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| 3 | 3
service
Summons Issued
Fri 12/08 11:56 AM
Summons Issued as to Cortland Housing Authority. (Attachment: #1 Summons issued as to Ella M. Dilorio) (jmb) |
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| Thursday, December 07, 2023 | ||
| 2 | 2
motion
Preliminary Injunction Temporary Restraining Order
Fri 12/08 11:47 AM
EMERGENCY MOTION for Temporary Restraining Order and EMERGENCY MOTION for Preliminary Injunction filed by Robert Hunter, Elmer Irwin, Doug Merrin and Second Amendment Foundation. Motion returnable before Judge Glenn T. Suddaby,(jmb) |
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Att: 1
Memorandum of Law,
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Att: 2
Paltzik Declaration,
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Att: 3
Exhibit A to Paltzik Declaration,
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Att: 4
Exhibit B to Paltzik Declaration,
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Att: 5
Hunter Declaration,
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Att: 6
Irwin Declaration,
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Att: 7
Kraut Declaration,
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Att: 8
Merrin Declaration,
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Att: 9
Proposed Order
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| 1 | 1
cmp
Complaint
Fri 12/08 11:29 AM
COMPLAINT with JURY DEMAND: against Cortland Housing Authority and Ella M. DiLorio in her role as Executive Director (Filing fee $405 receipt number ANYNDC-6538203) filed by Robert Hunter, Elmer Irwin, Doug Merrin and Second Amendment Foundation.(jmb) |
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Att: 1
Exhibit A,
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Att: 2
Civil Cover Sheet
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