This case was last updated from PACER on 07/13/2019 at 11:28:56 (UTC).

Picard v. Magliano et al

Case Summary

On 04/05/2019 Picard filed a Civil Right - State Statute Constitutionality lawsuit against Magliano. This case was filed in U.S. District Courts, New York Southern District. The Judge overseeing this case is Denise L. Cote. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:19-CV-03059

  • Filing Date:

    04/05/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - State Statute Constitutionality

  • Courthouse:

    New York Southern District

Judge Details

Presiding Judge

Denise L. Cote

 

Party Details

Plaintiff

Michael Picard

Defendants

Michael Magliano

Darcel D. Clark

Attorney/Law Firm Details

Plaintiff Attorney

Brian Matthew Hauss

Attorney at American Civil Liberties Union (NYC)

125 Broad Street, 18Th Floor

New York, NY 10004

Defendant Attorneys

Michael Adam Berg

Attorney at Office of The Attorney General(NYS)

28 Liberty Street, 21St Floor

New York, NY 10005

Alissa Schecter Wright

Attorney at New York State Office of the Attorney General (28 Liberty)

28 Liberty Street, 15Th Floor

New York, NY 10005

Susan P. Scharfstein

Attorney at New York City Law Department (100 Church)

100 Church Street

New York, NY 10007

 

Court Documents

#20

(#20) ENDORSED LETTER addressed to Judge Denise Cote from Susan P. Scharfstein dated 6/18/2019 re: requesting an adjournment of the due date for defendant Clerk's moving papers in support of her motion to dismiss. ENDORSEMENT: The revised schedule, with a July 26 filing, is approved. (Signed by Judge Denise L. Cote on 6/20/2019) (gr) (Entered: 06/20/2019)

#19

(#19) CONSENT LETTER MOTION for Extension of Time and proposed briefing schedule addressed to Judge Denise L. Cote from Susan Scharfstein dated June 18, 2019. Document filed by Darcel D. Clark.(Scharfstein, Susan) (Entered: 06/18/2019)

#18

(#18) ENDORSED LETTER addressed to Judge Denise L. Cote from Michael A. Berg dated 06/10/2019 re: Extension of Time to Respond to Complaint with consent. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/12/2019) (gr) (Entered: 06/12/2019)

#17

(#17) CONSENT LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Denise L. Cote from Michael A. Berg dated 06/10/2019. Document filed by Michael Magliano.(Berg, Michael) (Entered: 06/10/2019)

#16

(#16) ORDER granting #14 Letter Motion for Extension of Time. Accordingly, it is hereby ORDERED that the deadline for defendants to answer or move to dismiss this action is extended to June 21, 2019. IT IS FURTHER ORDERED that, in the event a motion to dismiss is filed, plaintiff shall file any amended complaint by July 12. It is unlikely that plaintiff will have a further opportunity to amend. IT IS FURTHER ORDERED that, in the event a motion to dismiss is filed and no amended complaint is filed, plaintiff shall file any opposition to the motion to dismiss by July 12. Defendants' reply, if any, shall be filed by July 19. At the time any reply is served, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that the initial pretrial conference scheduled for June 28 is adjourned sine die. SO ORDERED. (Signed by Judge Denise L. Cote on 6/6/2019) (kv) (Entered: 06/06/2019)

#15

(#15) NOTICE OF APPEARANCE by Michael Adam Berg on behalf of Michael Magliano. (Berg, Michael) (Entered: 06/05/2019)

#14

(#14) FIRST LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Denise L. Cote from Alissa S. Wright dated May 16, 2019. Document filed by Michael Magliano.(Wright, Alissa) (Entered: 05/16/2019)

#12

No Description Available

#11

No Description Available

#8

No Description Available

#7

No Description Available

#6

No Description Available

#5

No Description Available

#4

(#4) FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Michael Magliano, re: #1 Complaint. Document filed by Michael Picard. (Hauss, Brian) Modified on 4/8/2019 (jgo). (Entered: 04/05/2019)

#3

(#3) FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Darcel D. Clark, re: #1 Complaint. Document filed by Michael Picard. (Hauss, Brian) Modified on 4/8/2019 (jgo). (Entered: 04/05/2019)

#2

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Brian Matthew Hauss to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF was not signed or dated by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) (Entered: 04/08/2019)

#1

(#4) FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Michael Magliano, re: #1 Complaint. Document filed by Michael Picard. (Hauss, Brian) Modified on 4/8/2019 (jgo). (Entered: 04/05/2019)

10 More Documents Available

 

Docket Entries

  • 06/20/2019
  • View Court Documents
  • (#20) ENDORSED LETTER addressed to Judge Denise Cote from Susan P. Scharfstein dated 6/18/2019 re: requesting an adjournment of the due date for defendant Clerk's moving papers in support of her motion to dismiss. ENDORSEMENT: The revised schedule, with a July 26 filing, is approved. (Signed by Judge Denise L. Cote on 6/20/2019) (gr) (Entered: 06/20/2019)

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  • 06/18/2019
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  • (#19) CONSENT LETTER MOTION for Extension of Time and proposed briefing schedule addressed to Judge Denise L. Cote from Susan Scharfstein dated June 18, 2019. Document filed by Darcel D. Clark.(Scharfstein, Susan) (Entered: 06/18/2019)

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  • 06/12/2019
  • Set/Reset Deadlines: Defendants' response to the complaint due 7/26/2019. (gr) (Entered: 06/12/2019)

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  • 06/12/2019
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  • (#18) ENDORSED LETTER addressed to Judge Denise L. Cote from Michael A. Berg dated 06/10/2019 re: Extension of Time to Respond to Complaint with consent. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/12/2019) (gr) (Entered: 06/12/2019)

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  • 06/10/2019
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  • (#17) CONSENT LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Denise L. Cote from Michael A. Berg dated 06/10/2019. Document filed by Michael Magliano.(Berg, Michael) (Entered: 06/10/2019)

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  • 06/06/2019
  • Set/Reset Deadlines: Darcel D. Clark answer due 6/21/2019; Michael Magliano answer due 6/21/2019. (kv) (Entered: 06/06/2019)

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  • 06/06/2019
  • View Court Documents
  • (#16) ORDER granting #14 Letter Motion for Extension of Time. Accordingly, it is hereby ORDERED that the deadline for defendants to answer or move to dismiss this action is extended to June 21, 2019. IT IS FURTHER ORDERED that, in the event a motion to dismiss is filed, plaintiff shall file any amended complaint by July 12. It is unlikely that plaintiff will have a further opportunity to amend. IT IS FURTHER ORDERED that, in the event a motion to dismiss is filed and no amended complaint is filed, plaintiff shall file any opposition to the motion to dismiss by July 12. Defendants' reply, if any, shall be filed by July 19. At the time any reply is served, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that the initial pretrial conference scheduled for June 28 is adjourned sine die. SO ORDERED. (Signed by Judge Denise L. Cote on 6/6/2019) (kv) (Entered: 06/06/2019)

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  • 06/05/2019
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  • (#15) NOTICE OF APPEARANCE by Michael Adam Berg on behalf of Michael Magliano. (Berg, Michael) (Entered: 06/05/2019)

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  • 05/16/2019
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  • (#14) FIRST LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Denise L. Cote from Alissa S. Wright dated May 16, 2019. Document filed by Michael Magliano.(Wright, Alissa) (Entered: 05/16/2019)

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  • 05/14/2019
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  • (#13) LETTER MOTION for Conference addressed to Judge Denise L. Cote from Susan Scharfstein. Document filed by Darcel D. Clark.(Scharfstein, Susan) (Entered: 05/14/2019)

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9 More Docket Entries
  • 04/08/2019
  • Case Designated ECF. (jgo) (Entered: 04/08/2019)

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  • 04/08/2019
  • Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) (Entered: 04/08/2019)

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  • 04/08/2019
  • CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) (Entered: 04/08/2019)

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  • 04/08/2019
  • ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brian Matthew Hauss. The party information for the following party/parties has been modified: Michael Magliano; Darcel D. Clark. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo) (Entered: 04/08/2019)

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  • 04/08/2019
  • ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brian Matthew Hauss. The following case opening statistical information was erroneously selected/entered: County code Bronx; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to New York; the Fee Status code has been modified to pd (paid);. (jgo) (Entered: 04/08/2019)

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  • 04/08/2019
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  • ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Brian Matthew Hauss to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF was not signed or dated by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) (Entered: 04/08/2019)

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  • 04/05/2019
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  • (#4) FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Michael Magliano, re: #1 Complaint. Document filed by Michael Picard. (Hauss, Brian) Modified on 4/8/2019 (jgo). (Entered: 04/05/2019)

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  • 04/05/2019
  • View Court Documents
  • (#3) FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Darcel D. Clark, re: #1 Complaint. Document filed by Michael Picard. (Hauss, Brian) Modified on 4/8/2019 (jgo). (Entered: 04/05/2019)

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  • 04/05/2019
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  • (#2) FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Hauss, Brian) Modified on 4/8/2019 (jgo). (Entered: 04/05/2019)

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  • 04/05/2019
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  • (#1) COMPLAINT against Darcel Clark, Michael Magliano. (Filing Fee $ 400.00, Receipt Number ANYSDC-16630163)Document filed by Michael Picard. (Attachments: #1 Exhibit A)(Hauss, Brian) (Entered: 04/05/2019)

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