This case was last updated from PACER on 09/22/2019 at 07:33:48 (UTC).

Merola v. Cuomo et al

Case Summary

On 07/24/2019 Merola filed a Civil Right - State Statute Constitutionality lawsuit against Cuomo. This case was filed in U.S. District Courts, New York Northern District. The Judges overseeing this case are Therese Wiley Dancks and Gary L. Sharpe. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:19-CV-00899

  • Filing Date:

    07/24/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - State Statute Constitutionality

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Northern District

Judge Details

Referral Judge

Therese Wiley Dancks

Presiding Judge

Gary L. Sharpe

 

Party Details

Plaintiff

Frank J. Merola

Defendants

Mark J.F. Schroeder

Andrew M. Cuomo

Letitia A. James

Attorney/Law Firm Details

Plaintiff Attorneys

Elliot A. Hallak

Attorney at Harris, Beach Law Firm - Albany Office

677 Broadway, Suite 1101

Albany, NY 12207

Karl J. Sleight

Attorney at Harris, Beach Law Firm - Albany Office

677 Broadway, Suite 1101

Albany, NY 12207

Defendant Attorneys

Linda Fang

Attorney at New York State Attorney General - New York Office

28 Liberty Street

New York, NY 10005

Keith J. Starlin

Attorney at New York State Attorney General - Albany

 

Court Documents

#20

(#20) NOTICE of Appearance by Linda Fang on behalf of All Defendants (Fang, Linda) (Entered: 09/19/2019)

#19

(#19) REPLY to Response to Motion re #12 MOTION to Transfer Case filed by Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder. (Starlin, Keith) (Entered: 09/09/2019)

18 #2

Memorandum of Law

18 #1

Exhibit(s) A to Declaration in Opposision to Defendants' Motion to Transfer

#18

(#18) RESPONSE in Opposition re #12 MOTION to Transfer Case filed by Frank J. Merola. (Attachments: #1 Exhibit(s) A to Declaration in Opposision to Defendants' Motion to Transfer Venue, #2 Memorandum of Law)(Sleight, Karl) (Entered: 09/03/2019)

12 #3

Declaration

12 #2

Appendix

12 #1

Memorandum of Law

#12

(#12) MOTION to Transfer Case Motion Hearing set for 9/19/2019 09:00 AM in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 9/3/2019 Reply to Response to Motion due by 9/9/2019. filed by Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder. (Attachments: #1 Memorandum of Law, #2 Appendix, #3 Declaration) Motions referred to Therese Wiley Dancks. (Starlin, Keith) (Entered: 08/15/2019)

#5

(#5) NOTICE of Appearance by Elliot A. Hallak on behalf of Frank J. Merola (Hallak, Elliot) (Entered: 07/24/2019)

#4

(#4) NOTICE of Appearance by Karl J. Sleight on behalf of Frank J. Merola (Sleight, Karl) (Entered: 07/24/2019)

#3

(#3) G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/24/2019 09:30 AM in before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/17/2019. All conferences are conducted by telephone. Plaintiff's attorney will initiate the call (unless the Court directs differently) and shall contact Judge Dancks' Chambers at 315-234-8618 (a dedicated line solely for telephone conferences) once all parties are on the line. Counsel may use a teleconferencing service for assistance initiating conference calls to the Court. For cases involving pro se parties, the Court will initiate the call for the Rule 16 Conference. Pro se parties are instructed to provide the Court with a telephone number where they may be reached for a conference call. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) (Entered: 07/24/2019)

2 #2

Summons Issued as to Mark J.F. Schroeder

2 #1

Summons Issued as to Letitia A. James

#2

(#2) Summons Issued as to Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder. (Attachments: #1 Summons Issued as to Letitia A. James, #2 Summons Issued as to Mark J.F. Schroeder)(mgh) (Entered: 07/24/2019)

1 #2

Civil Cover Sheet

1 #1

Exhibit(s)

#1

(#17) ANSWER to #1 Complaint by Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder. (Attachments: #1 Exhibit(s), #2 Exhibit(s))(Starlin, Keith) (Entered: 08/29/2019)

22 More Documents Available

 

Docket Entries

  • 09/19/2019
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  • (#20) NOTICE of Appearance by Linda Fang on behalf of All Defendants (Fang, Linda) (Entered: 09/19/2019)

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  • 09/10/2019
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  • TEXT ONLY NOTICE of Hearing on Motion #12 MOTION to Transfer Case : Motion Hearing set for 9/19/2019 AT 09:00 AM in Albany before Senior Judge Gary L. Sharpe on SUBMIT only. No personal appearances are needed.(jel, ) (Entered: 09/10/2019)

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  • 09/09/2019
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  • (#19) REPLY to Response to Motion re #12 MOTION to Transfer Case filed by Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder. (Starlin, Keith) (Entered: 09/09/2019)

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  • 09/03/2019
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  • (#18) RESPONSE in Opposition re #12 MOTION to Transfer Case filed by Frank J. Merola. (Attachments: #1 Exhibit(s) A to Declaration in Opposision to Defendants' Motion to Transfer Venue, #2 Memorandum of Law)(Sleight, Karl) (Entered: 09/03/2019)

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  • 08/29/2019
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  • (#17) ANSWER to #1 Complaint by Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder. (Attachments: #1 Exhibit(s), #2 Exhibit(s))(Starlin, Keith) (Entered: 08/29/2019)

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  • 08/22/2019
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  • (#16) TEXT ORDER: Court has reviewed letter motion (Dkt. No. #13 ) to stay defendants' time to respond to the complaint, and plaintiff's response in opposition (Dkt. No. #15 ). Letter motion denied for the reasons stated by plaintiff. Defendants time to file a response to the complaint is extended to 8/30/2019. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/20/2019. (sg ) (Entered: 08/22/2019)

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  • 08/20/2019
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  • (#15) RESPONSE TO LETTER BRIEF filed by Frank J. Merola as to #13 Letter Request/Motion, filed by Andrew M. Cuomo, Mark J.F. Schroeder, Letitia A. James . (Sleight, Karl) (Entered: 08/20/2019)

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  • 08/15/2019
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  • (#14) TEXT ORDER: Court reviewed Dkt. No. #13 and notes that plaintiff does not consent to the request of defendants as set forth in Dkt. No. #13 . Therefore, plaintiff to file any letter response, no longer than 2pp., to Dkt. No. #13 by 8/20/2019. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/15/2019. (sg) (Entered: 08/15/2019)

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  • 08/15/2019
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  • (#13) Letter Motion from Assistant Attorney General Keith Starlin for Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder requesting a stay of defendants' time to respond to the complaint pending a decision on defendants' motion to transfer venue submitted to Judge Hon. Gary L. Sharpe . (Starlin, Keith) (Entered: 08/15/2019)

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  • 08/15/2019
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  • (#12) MOTION to Transfer Case Motion Hearing set for 9/19/2019 09:00 AM in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 9/3/2019 Reply to Response to Motion due by 9/9/2019. filed by Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder. (Attachments: #1 Memorandum of Law, #2 Appendix, #3 Declaration) Motions referred to Therese Wiley Dancks. (Starlin, Keith) (Entered: 08/15/2019)

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2 More Docket Entries
  • 08/01/2019
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  • (#9) AFFIDAVIT of Service for G.O. Filing Order served on Governor Andrew Cuomo on 7/30/19, filed by Frank J. Merola. (Sleight, Karl) (Entered: 08/01/2019)

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  • 07/26/2019
  • ***Answer due date updated for Andrew M. Cuomo answer due 8/15/2019; Letitia A. James answer due 8/15/2019; Mark J.F. Schroeder answer due 8/15/2019. (mgh) (Entered: 07/26/2019)

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  • 07/25/2019
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  • (#8) AFFIDAVIT of Service for Summons & Complaint served on DMV Commissioner Mark J.F. Schroeder on 7/25/19, filed by Frank J. Merola. (Sleight, Karl) (Entered: 07/25/2019)

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  • 07/25/2019
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  • (#7) AFFIDAVIT of Service for Summons & Complaint served on Letitia A. James, Attorney General on 7/25/19, filed by Frank J. Merola. (Sleight, Karl) (Entered: 07/25/2019)

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  • 07/25/2019
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  • (#6) AFFIDAVIT of Service for Summons & Complaint served on Governor Andrew Cuomo on 7/25/19, filed by Frank J. Merola. (Sleight, Karl) (Entered: 07/25/2019)

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  • 07/24/2019
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  • (#5) NOTICE of Appearance by Elliot A. Hallak on behalf of Frank J. Merola (Hallak, Elliot) (Entered: 07/24/2019)

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  • 07/24/2019
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  • (#4) NOTICE of Appearance by Karl J. Sleight on behalf of Frank J. Merola (Sleight, Karl) (Entered: 07/24/2019)

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  • 07/24/2019
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  • (#3) G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/24/2019 09:30 AM in before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/17/2019. All conferences are conducted by telephone. Plaintiff's attorney will initiate the call (unless the Court directs differently) and shall contact Judge Dancks' Chambers at 315-234-8618 (a dedicated line solely for telephone conferences) once all parties are on the line. Counsel may use a teleconferencing service for assistance initiating conference calls to the Court. For cases involving pro se parties, the Court will initiate the call for the Rule 16 Conference. Pro se parties are instructed to provide the Court with a telephone number where they may be reached for a conference call. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) (Entered: 07/24/2019)

    Read MoreRead Less
  • 07/24/2019
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  • (#2) Summons Issued as to Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder. (Attachments: #1 Summons Issued as to Letitia A. James, #2 Summons Issued as to Mark J.F. Schroeder)(mgh) (Entered: 07/24/2019)

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  • 07/24/2019
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  • (#1) COMPLAINT against Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder (Filing fee $400 receipt number ANYNDC-4809277) filed by Frank J. Merola. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet)(mgh) (Entered: 07/24/2019)

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