Case details

Court: nynd
Docket #: 1:13-cv-01211
Case Name: Caron et al v. Cuomo et al
PACER case #: 95785
Date filed: 2013-09-27
Date terminated: 2016-04-07
Date of last filing: 2013-09-27
Assigned to: Senior Judge Gary L. Sharpe
Referred to: Magistrate Judge Therese Wiley Dancks
Case Cause: 42:1983 Civil Rights Act
Nature of Suit: 950 Constitutional - State Statute
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Matthew Caron
Plaintiff
David D. Jensen
Office of David Jensen 111 John Street, Suite 420 New York, NY 10038 212-380-6615 Fax: 917-591-1318 Email: david@djensenpllc.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
Boutin, Altieri Law Firm P.O. Box 630 Carmel, NY 10512 845-306-7076 Fax: 866-585-9604 Email: rfirriolo@boutinlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew Gudger
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Second Amendment Foundation, Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

S.C.O.P.E., Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Long Island Firearms, LLC
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrew Cuomo
Defendant
in his Official Capacity as Governor of the State of New York
Kelly L. Munkwitz
New York State Attorney General - Albany The Capitol Albany, NY 12224 518-776-2626 Fax: 518-915-7738 Email: Kelly.Munkwitz@ag.ny.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Adrienne J. Kerwin
Office of Attorney General - Albany State of New York The Capitol Albany, NY 12224 518-776-2608 Fax: 518-473-1572 Email: adrienne.kerwin@ag.ny.gov
ATTORNEY TO BE NOTICED

Superintendent Joseph D'Amico
Defendant
in his Official Capacity as Superintendent of the Division of State Police
Second Amendment Foundation, Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

S.C.O.P.E., Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Second Amendment Foundation, Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

S.C.O.P.E., Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph D'Amico
Defendant
in his Official Capacity as Superintendent of the Division of State Police
Kelly L. Munkwitz
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Adrienne J. Kerwin
(See above for address)
ATTORNEY TO BE NOTICED

Second Amendment Foundation, Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

S.C.O.P.E., Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeffrey Murray
Plaintiff
MD
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nunzio Calce
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Middleton
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gary Wehner
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Amidon
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Second Amendment Foundation, Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

S.C.O.P.E., Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Second Amendment Foundation, Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

S.C.O.P.E., Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Second Amendment Foundation, Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

S.C.O.P.E., Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Second Amendment Foundation, Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

S.C.O.P.E., Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Second Amendment Foundation, Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

S.C.O.P.E., Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Second Amendment Foundation, Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

S.C.O.P.E., Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Second Amendment Foundation, Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

S.C.O.P.E., Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Second Amendment Foundation, Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

S.C.O.P.E., Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Second Amendment Foundation, Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

S.C.O.P.E., Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Second Amendment Foundation, Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

S.C.O.P.E., Inc.
Plaintiff
David D. Jensen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert P. Firriolo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-09-27 1 0 Complaint COMPLAINT: against Andrew Cuomo and Joseph D'Amico (Filing fee $400 receipt number 0206-2706891) filed by Matthew Gudger, Matthew Caron, Second Amendment Foundation, Inc., S.C.O.P.E., Inc. and Long Island Firearms, LLC. (Attachments: # 1 Civil Cover Sheet) (nmk) (Entered: 09/27/2013) 2013-09-27 22:29:21 9826583e10cab22b19e3f61d6535683eaead3c1b
1 1 Civil Cover Sheet
2013-09-27 2 0 Summons Issued Summons Issued: as to Andrew Cuomo. (Attachments: # 1 Summons Issued as to Joseph D'Amico) (nmk) (Entered: 09/27/2013)
2013-09-27 3 0 G.O. 25 Filing Order G.O. 25 FILING ORDER ISSUED: Initial Telephone Conference set for 1/8/2014 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan due by 12/26/2013. (nmk) (Entered: 09/27/2013)
2013-09-27 4 0 FRCP 7.1 Corporate Disclosure Statement FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Second Amendment Foundation, Inc.. (Jensen, David) (Entered: 09/27/2013)
2013-09-27 5 0 FRCP 7.1 Corporate Disclosure Statement FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by S.C.O.P.E., Inc.. (Jensen, David) (Entered: 09/27/2013)
2013-09-27 6 0 FRCP 7.1 Corporate Disclosure Statement FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Long Island Firearms, LLC. (Jensen, David) (Entered: 09/27/2013)
2013-12-17 7 0 NOTICE of Change of Address by David D. Jensen Effective Date 12/17/2013 Old Address: 111 John Street, Suite 230, New York, NY 10038 New Address: 111 John Street, Suite 420, New York, NY 10038 (Jensen, David) (Entered: 12/17/2013)
2013-12-18 8 0 Letter Motion from David Jensen, esq. for Matthew Caron, Matthew Gudger, Long Island Firearms, LLC, S.C.O.P.E., Inc., Second Amendment Foundation, Inc. requesting Adjournment of the Case Management Conference by 30 Days submitted to Judge Magistrate Judge Dancks . (Jensen, David) (Entered: 12/18/2013) 2014-01-03 02:33:17 bb4b4fe805597180430a8571882b7206a6bbd182
2013-12-20 9 0 TEXT ORDER: Court has reviewed letter motion (Dkt. No. 8) for extension. Letter motion granted as follows: Plaintiffs to file the Amended Complaint by 12/27/2013. Rule 16 case management conference adjourned without new date at this time. Court will reset date for Rule 16 conference after Defendants appear in the action. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/20/13. (rjb, ) (Entered: 12/20/2013)
2013-12-27 10 0 AMENDED COMPLAINT against All Defendants filed by Second Amendment Foundation, Inc., Matthew Caron, Matthew Gudger, Long Island Firearms, LLC, S.C.O.P.E., Inc., Jeffrey Murray, Nunzio Calce, James Middleton, Gary Wehner, John Amidon.(Jensen, David) (Entered: 12/27/2013) 2014-01-03 02:35:16 659511a662a653e63617b4b3e5e9cadf6c420aa1
2014-01-07 11 0 AFFIDAVIT of Service for Summons and Amended Complaint served on Andrew Cuomo, in his official capacity as Governor on 01/06/2014, filed by John Amidon, Nunzio Calce, Matthew Caron, Matthew Gudger, Long Island Firearms, LLC, James Middleton, Jeffrey Murray, S.C.O.P.E., Inc., Second Amendment Foundation, Inc., Gary Wehner. (Jensen, David) (Entered: 01/07/2014)
2014-01-07 12 0 AFFIDAVIT of Service for Summons and Amended Complaint served on Joseph D'Amico, in his official capacity as State Police Superintendent on 01/06/2014, filed by John Amidon, Nunzio Calce, Matthew Caron, Matthew Gudger, Long Island Firearms, LLC, James Middleton, Jeffrey Murray, S.C.O.P.E., Inc., Second Amendment Foundation, Inc., Gary Wehner. (Jensen, David) (Entered: 01/07/2014)
2014-01-14 13 0 NOTICE of Appearance by Kelly L. Munkwitz on behalf of Andrew Cuomo, Joseph D'Amico (Munkwitz, Kelly) (Entered: 01/14/2014)
2014-01-22 14 0 Letter Motion from Kelly L Munkwitz for Andrew Cuomo, Joseph D'Amico requesting an extension of time within which to respond to the Amended Complaint submitted to Judge Therese Wiley Dancks . (Munkwitz, Kelly) (Entered: 01/22/2014) 2014-01-26 18:04:19 53773d94da1f9b90a2cb75b09f8b0144c382ce64
2014-01-22 15 0 TEXT ORDER granting 14 Letter Request - Andrew Cuomo answer due 2/26/2014; Joseph D'Amico answer due 2/26/2014. Initial Conference set for 3/12/2014 at 09:30 AM 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 3/6/2014. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Plaintiffs' attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/22/14. (rjb, ) (Entered: 01/22/2014)
2014-02-25 16 0 Letter Motion from Kelly L. Munkwitz for Andrew Cuomo, Joseph D'Amico requesting a second extention of time within which to respond to the Amended Complaint submitted to Judge Wiley Dancks . (Munkwitz, Kelly) (Entered: 02/25/2014) 2014-07-18 19:26:54 51a4035f1b5af8c0398b8663cb3db99713b05c10
2014-02-26 17 0 ANSWER to 10 Amended Complaint, by Andrew Cuomo, Joseph D'Amico.(Munkwitz, Kelly) (Entered: 02/26/2014)
2014-03-05 18 0 TEXT ORDER: The Court has reviewed Dkt. No. 16. In light of Dkt. No. 17 the 16 request is moot. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/5/14. (rjb, ) (Entered: 03/05/2014)
2014-03-06 19 0 CIVIL CASE MANAGEMENT PLAN by Andrew Cuomo, Joseph D'Amico. (Munkwitz, Kelly) (Entered: 03/06/2014) 2014-07-18 19:29:07 2c9b5009a8f1a1cf7d07306f2900dddba30965ae
2014-03-06 20 0 CIVIL CASE MANAGEMENT PLAN by John Amidon, Nunzio Calce, Matthew Caron, Matthew Gudger, Long Island Firearms, LLC, James Middleton, Jeffrey Murray, S.C.O.P.E., Inc., Second Amendment Foundation, Inc., Gary Wehner. (Jensen, David) (Entered: 03/06/2014) 2014-07-18 19:30:57 1611838d8c795e1c35417bd67c6cb748e7956024
2014-03-11 21 0 CIVIL CASE MANAGEMENT PLAN (Amended) by John Amidon, Nunzio Calce, Matthew Caron, Matthew Gudger, Long Island Firearms, LLC, James Middleton, Jeffrey Murray, S.C.O.P.E., Inc., Second Amendment Foundation, Inc., Gary Wehner. (Jensen, David) (Entered: 03/11/2014) 2014-07-18 19:32:15 0a6215432b6e910bb7af1110fa7a793f8c24658a
2014-03-13 22 0 UNIFORM PRETRIAL SCHEDULING ORDER: Rule 26 Disclosures to be exchanged by 3/21/2014; Rule 33 and 34 Requests to be served by 4/21/2014; Joinder of Parties due by 5/16/2014; Amended Pleadings due by 5/16/2014; Discovery due by 9/2/2014; Discovery Motions due by 9/16/2014; Dispositive Motions to be filed by 10/6/2014. Signed by Magistrate Judge Therese Wiley Dancks on 3/13/14. (rjb, ) (Entered: 03/13/2014) 2014-07-18 19:34:18 e72526fa06b8e0f1d4a4299fb8f4520f8fc0fd93
2014-03-21 23 0 STIPULATION by John Amidon, Nunzio Calce, Matthew Caron, Matthew Gudger, Long Island Firearms, LLC, James Middleton, Jeffrey Murray, S.C.O.P.E., Inc., Second Amendment Foundation, Inc., Gary Wehner submitted to Judge Sharpe. (Jensen, David) (Entered: 03/21/2014) 2014-07-18 19:35:07 6ec741cd45db9e679db5ee6fe2314b79bcc331dc
2014-04-01 24 0 STIPULATION AND ORDER. Signed by Chief Judge Gary L. Sharpe on 4/1/2014. (jel, ) (Entered: 04/01/2014) 2014-07-19 02:11:59 1e126abb8b083f0f437340e53f2e362e169b30a3
2014-09-17 25 0 Text Only Order - On April 1, 2014, the court issued a stipulation and order staying this action pending the appeal of the Decision and Order in New York State Rifle and Pistol Association Inc. v. Cuomo. See Dkt. No. 24. The parties are directed to file a status report on the pending action in this matter on or before December 1, 2014 and every six (6) months thereafter or upon resolution of the appeal, whichever should occur first. IT IS SO ORDERED. Issued by Chief Judge Gary L. Sharpe on 9/17/2014. (jel, ) (Entered: 09/17/2014)
2014-12-01 26 0 NOTICE of Appearance by Adrienne J. Kerwin on behalf of Andrew Cuomo, Joseph D'Amico (Kerwin, Adrienne) (Entered: 12/01/2014) 2014-12-04 16:47:15 763bf0a54c34a384c9c2cfe9a786a063bbd2909e
2014-12-01 27 0 STATUS REPORT by Andrew Cuomo, Joseph D'Amico. (Kerwin, Adrienne) (Entered: 12/01/2014) 2014-12-04 16:46:39 02d66084008144857157dd0f57be343860ed905e
2014-12-01 28 0 CERTIFICATE OF SERVICE by Andrew Cuomo, Joseph D'Amico re 27 Status Report, 26 Notice of Appearance (Kerwin, Adrienne) (Entered: 12/01/2014) 2014-12-04 16:49:35 d40ce86d5fc58c484bfb761f5780d74b0a94cfe8
2015-05-29 29 0 STATUS REPORT by Andrew Cuomo, Joseph D'Amico. (Munkwitz, Kelly) (Entered: 05/29/2015) 2015-08-16 08:51:02 e2326c96f6696b0ddfad5fca938e5160fb647ad1
2015-12-02 30 0 STATUS REPORT by Andrew Cuomo, Joseph D'Amico. (Munkwitz, Kelly) (Entered: 12/02/2015) 2015-12-06 05:24:19 9d06839d796c64588ecc8638c29a11a5afcebcbd
2016-01-06 31 0 STATUS REPORT supplement to 12-2-15 status report by Andrew Cuomo, Joseph D'Amico. (Munkwitz, Kelly) (Entered: 01/06/2016) 2016-01-10 05:33:11 ee59ee9781314f88977145a753918c46e0fdd79a
2016-01-07 32 0 Text Only Order - The parties are directed to file a status report on or before April 6, 2016. IT IS SO ORDERED. Issued by Judge Gary L. Sharpe on 1/7/2016. (jel, ) (Entered: 01/07/2016)
2016-04-06 33 0 NOTICE by John Amidon, Nunzio Calce, Matthew Caron, Matthew Gudger, Long Island Firearms, LLC, James Middleton, Jeffrey Murray, S.C.O.P.E., Inc., Second Amendment Foundation, Inc., Gary Wehner - Letter/Notice re Stipulation of Dismissal (Firriolo, Robert) (Entered: 04/06/2016) 2016-04-10 06:42:42 e154853e75d51618bc56532906f2cf38c700a533
2016-04-06 34 0 STIPULATION of Dismissal by John Amidon, Nunzio Calce, Matthew Caron, Matthew Gudger, Long Island Firearms, LLC, James Middleton, Jeffrey Murray, S.C.O.P.E., Inc., Second Amendment Foundation, Inc., Gary Wehner submitted to Judge Sharpe. (Firriolo, Robert) (Entered: 04/06/2016) 2016-04-10 06:42:39 8f8533f98744aac97f4b22f2cfe831d067be45d8
2016-04-07 35 0 STIPULATION/ORDER OF DISMISSAL. Signed by Senior Judge Gary L. Sharpe on 4/7/2016. (jel, ) (Entered: 04/07/2016) 2016-04-10 06:53:53 ab18fb9a3fe0cf6168cc7632a601a1058196fedb