Alexander et al v. Cahill et al
Plaintiffs sought injunctive and declaratory relief against New York's lawyer disciplinary committee over the state's new mandatory ethics rules that governed lawyer advertising.
| James L. Alexander, Alexander & Catalano LLC and Public Citizen, Inc. |
| Thomas J. Cahill, Diana Maxfield Kearse, Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake and Vincent L. Scarsella |
| 5:2007cv00117 |
| February 1, 2007 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| George H. Lowe |
| Frederick J. Scullin |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 71 Certified copy of ORDER of USCA, issued 4/26/10, reinstating 60 Appeal filed by Public Citizen, Inc., Alexander & Catalano LLC, James L. Alexander (cbm ) |
| Filing 70 CERTIFICATE OF SERVICE by Rita E. Adler, Thomas J. Cahill, Gary L. Casella, Daniel A. Drake, Anthony J. Gigliotti, Diana Maxfield Kearse, Mark S. Ochs, Vincent L. Scarsella re 69 Response to Motion (Kerwin, Adrienne) |
| Filing 69 RESPONSE to Motion re 67 MOTION to Amend/Correct Judgment filed by Rita E. Adler, Thomas J. Cahill, Gary L. Casella, Daniel A. Drake, Anthony J. Gigliotti, Diana Maxfield Kearse, Mark S. Ochs, Vincent L. Scarsella. (Kerwin, Adrienne) |
| Filing 68 NOTICE of Appearance by Adrienne J. Kerwin on behalf of Rita E. Adler, Thomas J. Cahill, Gary L. Casella, Daniel A. Drake, Anthony J. Gigliotti, Diana Maxfield Kearse, Mark S. Ochs, Vincent L. Scarsella (Attachments: # 1 Declaration of Service)(Kerwin, Adrienne) |
| MOTION SCHEDULING NOTICE re: 67 MOTION to Amend/Correct Judgment. Motion set for 6/25/2010 before Senior Judge Frederick J. Scullin Jr. will be taken on submit. If Plaintiff's counsel has no objection to the motion, a letter may be filed instead of a formal response to the motion and it may be filed at anytime prior to the response filing deadline, 6/8/10. (bjw, ) |
| Filing 67 MOTION to Amend/Correct Judgment Motion Hearing set for 6/25/2010 10:00 AM in Albany before Senior Judge Frederick J. Scullin Jr. Response to Motion due by 6/8/2010 filed by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Attachments: # 1 Memorandum of Law, # 2 Declaration, # 3 Certificate of Service) Motions referred to George H. Lowe. (Beck, Gregory) |
| Filing 66 MANDATE of USCA, issued 4/13/10, as to 44 and 47 Appeals, (Attachments: # 1 slip opinion), affirming in part and reversing in part the judgment of the district court, in accordance w/attached slip opinion.(cbm ) |
| Filing 65 Stipulation and ORDER of USCA, certified 1/11/10, withdrawing 60 Appeal from active consideration, w/o prejudice, w/leave to reactivate w/in 30 days after decision is rendered in 07-3677 and 07-3900, or by 2/16/10, whichever comes first.(cbm ) |
| Filing 64 Stipulation and ORDER of USCA, certified 10/21/09, withdrawing pltfs' 60 Appeal from active consideration, w/o prejudice, w/leave to reactivate w/in 30 days after decision is rendered in 07-3677 and 07-3900, or by 12/18/09, whichever comes first. (cbm ) |
| Filing 63 Stipulation and ORDER of USCA, issued 8/26/09, withdrawing pltfs' 60 Appeal from active consideration, w/o prejudice, w/leave to reactivate w/in 30 days after USCA decision is issued in case numbers 07-3677 and 07-3900 or by 10/19/09, whichever comes first. (cbm ) |
| Filing 62 Stipulation and ORDER of USCA, issued 6/22/09, withdrawing pltfs' 60 Appeal from active consideration, w/o prejudice, w/leave to reactivate. (cbm ) |
| USCA Case Number is 09-1752-cv for 60 Notice of Appeal filed by Public Citizen, Inc., Alexander & Catalano LLC, James L. Alexander. (cbm ) |
| Filing 61 ELECTRONIC NOTICE AND CERTIFICATION: sent to US Court of Appeals, Re: the # 60 Notice of Appeal. (jmb) |
| Filing 60 NOTICE OF APPEAL as to 59 Judgment on Attorney Fees, 58 Order on Motion for Attorney Fees, by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. Filing fee $ 455, receipt number 02060000000001273101. (Beck, Gregory) |
| Filing 59 AMENDED JUDGMENT ON ATTORNEY FEES: in favor of Alexander & Catalano LLC, James L. Alexander and Public Citizen, Inc., against Anthony J. Gigliotti, Daniel A. Drake, Diana Maxfield Kearse, Gary L. Casella, Mark S. Ochs, Rita E. Adler, Thomas J. Cahill, and Vincent L. Scarsella, Attorneys Fees awarded to plaintiffs' in the amount of $13,335.00 and $1,060.17 in costs. (jmb) |
Filing 58
MEMORANDUM-DECISION & ORDER: granting the # 50 Motion for Attorney Fees in the amount of $13,335.00 and $1,060.17 in costs. The Clerk of the Court shall amend the judgment to include this award of attorney's fees and costs. Signed by Senior Judge Frederick J. Scullin, Jr on 3/30/09. (jmb)
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| Filing 57 CLERK'S CORRECTION OF DOCKET ENTRY: Regarding the # 40 Judgment, the Clerk was notified that the pdf image attached to the docket entry was incomplete and only contained the second page when it was originally filed, attached is the full and complete 2 page version of the document. (jmb) |
| USCA Case Number is 07-3677-cv for defts' 44 Notice of Appeal. (cbm, ) |
| USCA Case Number is 07-3900-cv for pltfs' 47 Notice of Cross Appeal. (cbm, ) |
| Filing 56 REPLY to Response to Motion re 50 MOTION for Attorney Fees and Costs filed by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Attachments: # 1 Second Declaration of Gregory A. Beck# 2 Second Declaration of Brian Wolfman)(Beck, Gregory) |
| Filing 55 CERTIFICATE OF SERVICE by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse re 54 Response in Opposition to Motion (Rock, Gerald) |
| Filing 54 RESPONSE in Opposition re 50 MOTION for Attorney Fees and Costs filed by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse. (Rock, Gerald) |
| Filing 53 NOTICE by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc. re 50 MOTION for Attorney Fees and Costs of Filing Corrected Declaration (Attachments: # 1 Declaration of Gregory A. Beck)(Beck, Gregory) |
| Filing 52 Costs Taxed in amount of $350.00 against Defendants [original served upon plaintiffs by reg mail] (bjw, ) |
| Filing 51 ELECTRONIC NOTICE sent to US Court of Appeals, Re: the # 47 Notice of Cross Appeal. (jmb) |
| SCHEDULING NOTICE: 50 MOTION for Attorney Fees and Costs set for 10/12/2007 before Senior Judge Frederick J. Scullin Jr. will be taken on submit. No oral argument will be held. (Barbara J. Woodford, Courtroom Clerk) (bjw, ) |
| Filing 50 MOTION for Attorney Fees and Costs Motion Hearing set for 10/12/2007 10:00 AM in Syracuse before Senior Judge Frederick J. Scullin Jr..,Response to Motion due by 9/25/2007,Reply to Response to Motion due by 10/1/2007. by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Beck, Gregory) |
| Filing 49 BILL OF COSTS by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Beck, Gregory) |
| Filing 48 Letter Motion from Gregory A. Beck for James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc. requesting fees and costs submitted to Judge Frederick J. Scullin, Jr.. (Attachments: # 1 Memorandum of Law # 2 Declaration of Gregory A. Beck# 3 Beck Declaration Exhibit 1# 4 Beck Declaration Exhibit 2# 5 Beck Declaration Exhibit 3# 6 Declaration of Brian Wolfman# 7 Certificate of Service)(Beck, Gregory) |
| Filing 47 NOTICE OF CROSS APPEAL as to 40 Judgment, 39 Order on Motion for Summary Judgment, Order on Motion for Preliminary Injunction, by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc. (Attachments: # 1 Certificate of Service)(Beck, Gregory) Modified on 9/7/2007 (nas). PAID $455.00 - RECEIPT NO: SYR013064 |
| Filing 46 ELECTRONIC NOTICE sent to US Court of Appeals re 44 Notice of Appeal. (ban) |
| USCA Appeal Fees received $ 455 receipt number ALB003741 re 44 Notice of Appeal, filed by Mark S. Ochs, Anthony J. Gigliotti, Rita E. Adler, Diana Maxfield Kearse, Daniel A. Drake, Vincent L. Scarsella, Gary L. Casella, Thomas J. Cahill. [appeals packet sent to AAG Gerald Rock] (ban) |
| Filing 45 CERTIFICATE OF SERVICE by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse re 44 Notice of Appeal, (Rock, Gerald) |
| Filing 44 NOTICE OF APPEAL as to 40 Judgment,,, 39 Order on Motion for Summary Judgment,,,,,,,,,, Order on Motion for Preliminary Injunction,,,, by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse. No fee paid. (Rock, Gerald) |
| Filing 43 TRANSCRIPT of Proceedings (Unredacted): Motion Argument held on 4/13/07 before Judge Frederick J. Scullin, Jr., Court Reporter: Jodi L. Hibbard. (jlh, ) |
| Filing 42 NOTICE of Appearance by Gerald J. Rock on behalf of all defendants (Rock, Gerald) |
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TEXT ORDER granting in part and denying in part 41 letter request by plaintiffs to extend the motion filing deadline for attorney's fees and costs. The motion must be filed by 9/4/2007. If necessary, a second motion may be filed for any attorney's fees to which plaintiffs may be entitled upon conclusion of the appeal. IT IS SO ORDERED by Judge Frederick J. Scullin Jr. on 8/2/2007. (bjw, )
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| Filing 41 Letter Motion from Gregory A. Beck for James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc. requesting that plaintiffs' time to file a motion for fees, expenses, and costs be extended until after any appeal is decided submitted to Judge Frederick J. Scullin, Jr.. (Attachments: # 1 Proposed Order/Judgment)(Beck, Gregory) |
| Filing 40 JUDGMENT: granting the # 6 Motion for Permanent Injunction. Plaintiffs' request for a declaration that N.Y. Comp Codes R. & Regs. tit. 22, section 1200.6(c)(1),(3),(5),(7) and (g)(1) are unconstitutional based on the current record is granted. Defendants' are hereby enjoined from enforcing amendments to the Disciplinary Rules of the Code or Professional Responsibility contained in N.Y. Comp. Codes R. & Regs. tit. 22, section 1200.6(c)(1),(3),(5),(7) and (g)(1), which took effect on 2/1/07. Further Ordered granting in part and denying in part the defendants' # 29 Motion for Summary Judgment, and granting in part and denying in part the plaintiffs' # 33 Motion for Summary Judgment. Issued by Deputy Clerk: Joanne Bleskoski. (jmb) |
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Filing 39
MEMORANDUM-DECISION & ORDER: granting the # 6 Motion for Permanent Injunction; granting in part and denying in part the defendants' # 29 Motion for Summary Judgment (granted for plaintiffs' on plaintiffs' claims concerning N.Y. Comp. Codes R. & Regs. Title 22 section 1200.6(c)(1),(3),(5),(7) and (g)(1)); and granting in part and denying in part the plaintiffs' # 33 Motion for Summary Judgment (granted for defendants' on plaintiff's claims concerning N.Y. Comp. Codes R. & Regs. Title (22, section 1200.7(e), 1200.8(g), and 1200.41-a and plaintiffs' claims concerning the amended rules' applicability to non-commercial communications). Plaintiffs' request for a declaration that N.Y. Comp Codes R. & Regs. Title 22, section 1200.6(c)(1),(3),(5),(7) and (g)(1) are unconstitutional based on the current record is granted. Defendants' are hereby enjoined from enforcing amendments to the Disciplinary Rules of the Code or Professional Responsibility contained in N.Y. Comp. Codes R. & Regs. tit. 22, section 1200.6(c)(1),(3),(5),(7) and (g)(1), which took effect on 2/1/07. The Clerk shall enter judgment and close this case. Signed by Judge Frederick J. Scullin Jr. on 7/20/07. (jmb)
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| Minute Entry for proceedings held before Judge Frederick J. Scullin Jr.: Motion Hearing held on 6/18/2007 re 33 MOTION for Summary Judgment filed by Public Citizen, Inc., Alexander & Catalano LLC, James L. Alexander and 29 MOTION for Summary Judgment filed by Mark S. Ochs, Anthony J. Gigliotti, Rita E. Adler, Diana Maxfield Kearse, Daniel A. Drake, Vincent L. Scarsella, Gary L. Casella, Thomas J. Cahill. The Court notes that on 4/13/2007 a motion for preliminary injunction was argued and reserved with an expedited trial ordered. Subsequently, the parties advised the Court that they had agreed on the facts in this case and therefore requested to move for summary judgment. Argument held. The issue of misleading advertising is argued, whether or not it is or can be proven to be harmful to consumers, whether the enforcement of current laws governing false advertisement would address the issues the new law is designed to address, whether or not the new law is restricting free speech. NYS argues that ads must be relevant and factually verifiable to be considered protected speech. Pltfs oppose this argument. The use of trade names in advertising is argued. NYS argues that trade names may only promote verifiable information and not ability to produce results. Decision Reserved. Written decision to follow. APP: Gregory Beck, Esq. (argues motion) and Brian Wolfman, Esq. for Pltfs; Bridget Holohan, AAG for NYS Defts. LC: BA. (Court Reporter Diane Martens) (bjw, ) |
| Filing 38 REPLY to Response to Motion re 29 MOTION for Summary Judgment filed by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse. (Attachments: # 1 Declaration of Electronic Service)(Holohan, Bridget) |
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TEXT ORDER granting 37 Letter Request. Defendants 29 Motion for Summary Judgment will be considered as a response to Plaintiffs 33 Motion for Summary Judgment. Reply to Response due 6/1/2007. Sur-reply may be filed only if new issues are raised in reply and shall be filed by 6/9/2007.. IT IS SO ORDERED by Judge Frederick J. Scullin Jr. on 5/30/2007. (bjw, )
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| Filing 37 Letter Motion from Bridget E. Holohan for Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse requesting that defendants' motion for summary judgment be considered as defendants' response to plaintiffs' motion for summary judgment as well submitted to Judge Scullin. (Holohan, Bridget) |
| Filing 36 RESPONSE to Motion re 29 MOTION for Summary Judgment filed by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Attachments: # 1 Proof of Service)(Beck, Gregory) |
| Filing 35 AFFIDAVIT in Support re 33 MOTION for Summary Judgment of attorney Gregory A. Beck filed by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Beck, Gregory) |
| Filing 34 STATEMENT OF MATERIAL FACTS re 33 MOTION for Summary Judgment, 29 MOTION for Summary Judgment of all parties filed by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Attachments: # 1 Exhibit(s) Exhibit 1, Part 1: Task Force Report# 2 Exhibit(s) Exhibit 1, Part 2: Task Force Report# 3 Exhibit(s) Exhibit 2: FTC Letter# 4 Exhibit(s) Exhibit 3: Comments of Public Citizen# 5 Exhibit(s) Exhibit 4: New York State Bar Association Release# 6 Exhibit(s) Exhibit 5: Office of Court Administration Release)(Beck, Gregory) |
| Filing 33 MOTION for Summary Judgment Motion Hearing set for 6/18/2007 03:00 PM in Syracuse before Senior Judge Frederick J. Scullin Jr..,Response to Motion due by 6/1/2007,Reply to Response to Motion due by 6/7/2007. by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Attachments: # 1 Memorandum of Law Memorandum in Support of Motion# 2 Exhibit(s) Exhibit 1 to Memorandum: Amended Rules# 3 Exhibit(s) Exhibit 2 to Memorandum: Redline of Amended Rules# 4 Exhibit(s) Exhibit 3 to Memorandum: Capoccia v. Comm. on Prof'l Standards# 5 Declaration Certificate of Service) (Beck, Gregory) |
| Filing 32 CERTIFICATE OF SERVICE by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse re 31 Answer to Complaint via ECM/CF (Sheingold, Nelson) |
| Filing 31 ANSWER to Complaint by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse.(Sheingold, Nelson) |
| Filing 30 CERTIFICATE OF SERVICE by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse re 29 MOTION for Summary Judgment via ECM/CF (Sheingold, Nelson) |
| Filing 29 MOTION for Summary Judgment Motion Hearing set for 6/18/2007 03:00 PM in Syracuse before Senior Judge Frederick J. Scullin Jr..,Response to Motion due by 6/1/2007,Reply to Response to Motion due by 6/7/2007. by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse. (Attachments: # 1 Memorandum of Law # 2 Declaration of Nelson R. Sheingold) (Sheingold, Nelson) |
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Filing 28
ORDER: approving the # 27 Status Report/Letter Request, resetting the deadline to answer or otherwise move to 5/11/07 as to Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, and Diana Maxfield Kearse. Signed by Judge George H. Lowe on 5/1/07. (jmb)
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| Filing 27 STATUS REPORT of all parties regarding stipulations and discovery by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc., Thomas J. Cahill, Diana Maxfield Kearse. (Beck, Gregory) |
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Filing 26
ORDER: The Court RESERVES DECISION on the # 6 Motion for Preliminary Injunction, the plaintiff's request to consolidate the hearing on the motion for preliminary injunction with an expedited trial on the merits is GRANTED, the # 22 Motion to Dismiss plaintiff's claims is DENIED, the trial of this matter will commence on June 18, 2007 at 9:00 AM in Syracuse before Judge Scullin. This case is referred to Magistrate Judge George H. Lowe for all pretrial matters. Signed by Judge Frederick J. Scullin Jr. on 4/20/07. (jmb)
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| Set Bench Trial for 6/18/2007 at 9:00 AM in Syracuse before Senior Judge Frederick J. Scullin Jr. (jmb) |
| The Court held a motion argument on 4/13/2007 where an oral decision was rendered with a written decision to follow. At the argument a summary trial date of 6/18/2007 was set and the parties were directed to request an expedited Rule 16 conference. The Rule 16 conference was held on 4/19/2007. At that conference, the parties advised that this matter may be able to be resolved by motion, that a summary trial may not be necessary. Therefore, the Court set motion argument to be held on the same date as the trial was already set for, 6/18/2007, with a reset time of 3:00pm, meaning that there would be no trial that day but motion argument would be heard. Because the conference was held before the written decision was issued, reflecting the schedule that was set on the record at the time of the argument, the scheduling may appear confusing on the docket, therefore the Court makes this clarification. (bjw, ) |
| Filing 25 RECORD of Proceedings: Motion Argument held on 4/13/07 before Judge Frederick J. Scullin, Jr. Court Reporter: Jodi L. Hibbard. 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 Redact 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. Notice of Intent to Redact due by 4/27/2007,Transcript due by 7/19/2007. (jlh, ) |
| Minute Entry for proceedings held before Judge George H. Lowe : Initial Pretrial Telephone Conference held on 4/19/2007. Appearances: Gregory Beck, Esq., for Plaintiffs; Patrick MacRae and Nelson Sheingold, Esqs., for Defendants. Judge Lowe advises counsel of the motion filing schedule set by Judge Scullin. A Summary judgment motion is to be filed May 11th. Response is due May 25th and a reply, if any, is due on June 1st. The motion is returnable on June 18th at 3:00 p.m. before Judge Scullin in Syracuse. Counsel are to file a joint letter to Judge Lowe by April 27th confirming that they have stipulated to all the facts and that no discovery is necessary. Judge Lowe is to be advised immediately if a discovery issue arises. (Tape #93) (tjm) |
| Filing 24 CIVIL CASE MANAGEMENT PLAN by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc., Thomas J. Cahill, Diana Maxfield Kearse. (Beck, Gregory) |
| NOTICE of Hearing: Initial Conference set for 6/19/07 IS MOVED UP TO 5/31/2007 at 09:00 AM before Magistrate Judge George H. Lowe. Civil Case Management Plan due by 5/21/2007. The CONFERENCE WILL BE CONDUCTED BY TELEPHONE. Plaintiff's attorney is responsible for initiating the call using AT&T or any teleconference service and should call the chambers of Magistrate Judge George H. Lowe at (315) 234-8618, a dedicated conference line which may not be used for other purposes. (tjm) |
| NOTICE of Hearing:Initial Telephone Conference IS RESCHEDULED for 4/19/2007 at 02:00 PM before Magistrate Judge George H. Lowe. Civil Case Management Plan due by close of business 4/18/2007. Gregory Beck, Plaintiff's attorney, is responsible for initiating the call using AT&T or any teleconference service and should call the chambers of Magistrate Judge George H. Lowe at (315) 234-8618, a dedicated conference line which may not be used for other purposes. (tjm) |
| Minute Entry for proceedings held before Judge Frederick J. Scullin Jr.: Motion Hearing held on 4/13/2007 re 6 MOTION for Preliminary Injunction filed by Public Citizen, Inc., Alexander & Catalano LLC, James L. Alexander, 22 CROSS MOTION to Dismiss filed by Mark S. Ochs, Anthony J. Gigliotti, Rita E. Adler, Diana Maxfield Kearse, Daniel A. Drake, Vincent L. Scarsella, Gary L. Casella, Thomas J. Cahill. Cross-motion argued first. Deft argues that the Public Citizen does not have standing in this action. The Public Citizen argues they have standing as it has filed this lawsuit as representing its New York members. Deft argues that those members will not be affected by the outcome of this case, that the interest that Pltf seeks to protect do not affect these menbers. Motion Denied. Deft argues that the Pltf has not sued the proper parties. Motion Denied. Deft requests that Court hold decision in abeyance until NYS matters are decided. The Court states that the federal claim challenging constitutionality is the only claim to be decided, therefore request is Denied. MOTION for PI is argued. Pltf is seeking to prohibit rules pending the conclusion of this litigation. The Court finds that the legal standard to be used in this case is irreparable harm and liklihood of success on the merits and orders a consolidated trial on the merits. (non-jury) Parties to contact magistrate judge to move up Rule 16 conference. Bench trial date: 6/18/2007. Therefore, 6 MOTION for Preliminary Injunction is Reserved. 22 CROSS MOTION to Dismiss is Denied. APP: Gregory Beck, Esq, and Brain Wolfman, Esq. for Pltfs.; Patrick MacRae, AAG for Defts. LC: BA. (Court Reporter Jodi Hibbard) (bjw, ) |
| Filing 23 REPLY to Response to Motion re 6 MOTION for Preliminary Injunction, 22 MOTION to Dismiss filed by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Attachments: # 1 Exhibit(s) Exhibit 1: Unpublished Decision in Capoccia v. Committee on Professional Standards# 2 Declaration Declaration of Kristin Adams)(Beck, Gregory) |
| Filing 22 CROSS-MOTION to Dismiss Motion Hearing set for 4/13/2007 10:00 AM in Syracuse before Senior Judge Frederick J. Scullin Jr..,Response to Motion due by 4/3/2007 by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse. (bjw, ) Modified on 4/2/2007 (bjw, ). |
| CLERK'S CORRECTION OF DOCKET ENTRY : Notice of Cross Motion contained within 20 Opposition to Motion was docketed as a separate motion with response deadline given. (bjw, ) |
| Set/Reset Deadlines as to 22 MOTION to Dismiss. Response to Motion due by 4/3/2007 (bjw, ) |
| Filing 21 MEMORANDUM OF LAW re 20 Response in Opposition to Motion and 22 Cross-Motion to Dismiss filed by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse. (MacRae, Patrick) Modified on 4/2/2007 (bjw, ). |
| Filing 20 RESPONSE in Opposition re 6 MOTION for Preliminary Injunction filed by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse. (Attachments: # 1 Exhibit(s) DVD traditionally filed# 2 Memorandum of Law # 3 Exhibit(s) 1 to Memorandum of Law# 4 Exhibit(s) 2 to Memorandum of Law# 5 Exhibit(s) 3 to Memorandum of Law# 6 Exhibit(s) 4 to Memorandum of Law# 7 Exhibit(s) 5 to Memorandum of Law# 8 Exhibit(s) 6 to Memorandum of Law# 9 Notice of Cross-Motion)(MacRae, Patrick) Modified on 4/2/2007 (bjw, ). |
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Filing 19
ORDER granting 18 Letter Request for defendants Gary L. Casella; Rita E. Adler; Mark S. Ochs; Anthony J. Gigliotti; Daniel A. Drake; Vincent L. Scarsella; Thomas J. Cahill; Diana Maxfield Kearse to answer complaint by 3/27/2007. Signed by Judge Frederick J. Scullin Jr. on 3/12/07. (dmf)
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| Filing 18 Letter Motion from Patrick F. MacRae, AAG for Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse requesting Extension of time to respond to Complaint submitted to Judge Scullin. (MacRae, Patrick) |
| Filing 17 NOTICE of Appearance by Brian Wolfman on behalf of all plaintiffs (Wolfman, Brian) |
| Filing 16 NOTICE of Appearance by Gregory A. Beck on behalf of all plaintiffs (Beck, Gregory) |
| SCHEDULING NOTICE: Plaintiff's 15 Letter request is granted re 6 MOTION for Preliminary Injunction and the following schedule has been set. Response to Motion due by 3/27/2007 Reply to Response to Motion due by 4/3/2007. Motion Argument reset for 4/13/2007 at 10:00 AM in Syracuse before Senior Judge Frederick J. Scullin Jr. (Barbara J. Woodford, Courtroom Clerk) (bjw, ) |
| Filing 15 Letter Motion from Greg Beck, Counsel for Plaintiffs for James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc. requesting Continuance of Return Date on Motion for Preliminary Injunction submitted to Judge Scullin. (Nelson, Scott) |
| SCHEDULING NOTICE: Reset Motion Argument as to 6 MOTION for Preliminary Injunction. Due to a change in the Court's calendar: Motion Hearing reset (moved up) for 3/19/2007 at 10:00 AM in Albany before Senior Judge Frederick J. Scullin Jr. All other deadlines remain the same. (Barbara J. Woodford, Courtroom Clerk) (bjw, ) |
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Filing 14
ORDER: granting the # 5 Motion for Limited Admission Pro Hac Vice for Brian Wolfman on behalf of the plaintiffs'. Signed by Judge George H. Lowe on 2/23/07. (jmb)
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Filing 13
ORDER: granting the # 4 Motion for Limited Admission Pro Hac Vice as to Gregory A. Beck as to plaintiffs'. Signed by Judge George H. Lowe on 2/23/07. (jmb)
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| Filing 12 DVD EXHIBIT: filed on behalf of James L. Alexander, Alexander & Catalano LLC, and Public Citizen, Inc, containing a selection of television advertisments by Alexander & Catalano, in further support of the # 6 Motion for Preliminary Injunction. {DVD on file with the Clerk, not available for electronic view} (jmb) |
| Filing fee for Pro Hac Admission for Brian Wolfman and Gregory Beck; $ 60.00, receipt number SYR10686 (alh, ) |
| Filing 11 CERTIFICATE OF SERVICE by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc. re 1 Complaint, 2 Summons Issued,,, on all defendants by certified mail pursuant to NY law (Nelson, Scott) |
| Filing 10 NOTICE of Appearance by Patrick F. MacRae on behalf of all defendants (MacRae, Patrick) |
| Filing 9 NOTICE of Appearance by Patrick F. MacRae on behalf of all defendants (MacRae, Patrick) |
| Filing 8 CERTIFICATE OF SERVICE by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc. re 6 MOTION for Preliminary Injunction (Nelson, Scott) |
| Filing 7 AFFIDAVIT of Service for Summons and Complaint and Motions for Admission Pro Hac Vice served on All defendants (through service on the Attorney General of New York, Assistant Atty Gen. Roger B. Williams) on Feb. 15, 2007, filed by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Nelson, Scott) |
| Filing 6 MOTION for Preliminary Injunction Motion Hearing set for 3/23/2007 10:00 AM in Albany before Senior Judge Frederick J. Scullin Jr..,Response to Motion due by 3/6/2007,Reply to Response to Motion due by 3/12/2007. by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Attachments: # 1 Memorandum of Law in Support of Motion for Preliminary Injunction# 2 Exhibit(s) 1 to Memorandum: Amended Lawyer Advertising Rules# 3 Exhibit(s) 2 to Memorandum: Redlined Amended Lawyer Advertising Rules# 4 Declaration of James Alexander# 5 Exhibit(s) 1 to Alexander Declaration (Notice of Filing) of DVD with Advertisements# 6 Exhibit(s) 2 to Alexander Declaration (FTC Comments on Proposed Rules)# 7 Exhibit(s) 3 to Alexander Declaration (part 1) (Task Force Report on Attorney Advertising)# 8 Exhibit(s) 3 to Alexander Declaration (part 2) (Task Force Report on Attorney Advertising)# 9 Declaration of Peter Catalano# 10 Exhibit(s) 1 to Catalano Declaration (Transcript of Remarks of Justice Pigott)# 11 Declaration of Brian Wolfman# 12 Corporate Disclosure Statement Pursuant to FRCP 7.1) (Nelson, Scott) |
| Filing 5 MOTION for Limited Admission Pro Hac Vice of Brian Wolfman by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Attachments: # 1 Proposed Order/Judgment # 2 Verified Petition for Admission to Practice# 3 Affidavit of Sponsor Scott L. Nelson# 4 Certificate of Good Standing# 5 New Attorney E-Filing Registration Form# 6 Oath on Admission) Motions referred to George H. Lowe. (Nelson, Scott) |
| Filing 4 MOTION for Limited Admission Pro Hac Vice of Gregory A. Beck by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Attachments: # 1 Proposed Order/Judgment # 2 Verified Petition for Admission to Practice# 3 Affidavit Affidavit of Sponsor Scott L. Nelson# 4 Certificate of Good Standing# 5 New Attorney E-Filing Registration Form# 6 Oath on Admission) Motions referred to George H. Lowe. (Nelson, Scott) |
| Filing 3 G.O. 25 FILING ORDER ISSUED:Initial Conference set for 6/19/2007 11:30 AM in Syracuse before Magistrate Judge George H. Lowe.,Civil Case Management Plan due by 6/11/2007. (ban) |
| Filing 2 Summons Issued as to Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse and AG Andrew Cuomo for all Defendants. (Attachments: # 1 for Thomas Cahill c/o AG Andrew Cuomo# 2 Summons for Diana Maxfield Kearse# 3 Summons for Diana Maxfield Kearse, C/o AG Andrew Cuomo# 4 Summons for Gary L. Casella# 5 Summons for Gary L. Casella, c/o AG Andrew Cuomo# 6 Summons for Rita E. Adler# 7 Summons for Rita E. Adler, c/o AG Andrew Cuomo# 8 Summons for Mark S. Ochs# 9 Summons for Mark S. Ochs, c/o AG Andrew Cuomo# 10 Summons for Anthony J. Gigliotti# 11 Summons for Anthony J. Gigliotti, c/o AG Andrew Cuomo# 12 Summons for Daniel A. Drake# 13 Summons for Daniel A. Drake, c/o AG Andrew Cuomo# 14 Summons for Vincent L. Scarsella# 15 Summons for Vincent L. Scarsella, c/o AG Andrew Cuomo)(ban) Modified on 2/2/2007 (ban). |
| Filing 1 COMPLAINT against Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse ( Filing fee $ 350 receipt number 696446) filed by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Attachments: # 1 Civil Cover Sheet)(ban) |
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