Gasparo, et al v. City of New York, et al
Federal Civil Lawsuit New York Eastern District Court, Case No. 1:98-cv-03168
Magistrate Judge Allyne R. Ross, presiding

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No Logo Adam Petrella, Plaintiff

Toggle Switch Represented by Emery Celli Brinckerhoff & Abady, LLP

Name Phone Fax E-Mail
Space Richard D. Emery +1 212 763 5000 +1 212 763 5001 remery@ecbalaw.com
No Logo Harvey Kedansky, Plaintiff

Toggle Switch Represented by Emery Celli Brinckerhoff & Abady, LLP

Name Phone Fax E-Mail
Space Richard D. Emery +1 212 763 5000 +1 212 763 5001 remery@ecbalaw.com
No Logo Katherine Ashley, Plaintiff

Toggle Switch Represented by Emery Celli Brinckerhoff & Abady, LLP

Name Phone Fax E-Mail
Space Richard D. Emery +1 212 763 5000 +1 212 763 5001 remery@ecbalaw.com
No Logo Louis Reid, Plaintiff

Toggle Switch Represented by Emery Celli Brinckerhoff & Abady, LLP

Name Phone Fax E-Mail
Space Richard D. Emery +1 212 763 5000 +1 212 763 5001 remery@ecbalaw.com
No Logo Vito Gasparo, Plaintiff

Represented by Emery Celli Brinckerhoff & Abady, LLP

v.
City of New York City of New York, Defendant

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Sherrill Kurland +1 212 788 0821 +1 212 791 9714 skurland@law.nyc.gov

Toggle Switch Represented by New York City Department Of Law

Name Phone Fax E-Mail
Space Sherrill Marisse Kurland +1 212 356 2605
No Logo Department of Consumer Affairs, City of New York, Defendant

Toggle Switch Represented by New York City Department Of Law

Name Phone Fax E-Mail
Space Sherrill Marisse Kurland +1 212 356 2605
No Logo Department of Transportation of the City of New York, Defendant

Toggle Switch Represented by New York City Department Of Law

Name Phone Fax E-Mail
Space Sherrill Marisse Kurland +1 212 356 2605
No Logo Richard Malchow, Defendant

Toggle Switch Represented by New York City Department Of Law

Name Phone Fax E-Mail
Acting Commissioner Department of Transportation, City of New York Sherrill Marisse Kurland +1 212 356 2605
Citation Section 42 U.S.C. § 1983
Nature of Suit 440 - Civil Rights: Other
  Entries (31) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 31 Filed: 1/19/1999, Entered: None Court Filing
STIPULATION and ORDER dated 1/11/99 directing the defendants to pay attorney's fees to plaintiffs in the amount of $65,000 by rendering a check in said amount to Emery, Celli, Brinckerhoff & Abady, LLP. Signed by Judge Allyne R. Ross. (Permaul, Jenny) (Entered: 01/19/1999)
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    Legal Document (Payment Possibly Required) 30 Filed: 12/30/1998, Entered: None Court Filing
    ORDER, directing this action is discontinued, wihtout prejudice to the right to reopen the action within 30 days if the settlement is not consummated. (Signed by Judge Allyne R. Rossi, dtd. 12/23/1998.) c/m. {Magistrate notified.} (Mackey, Donna) (Entered: 12/30/1998)
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      Legal Document (Payment Possibly Required) 29 Filed: 10/29/1998, Entered: None Court Filing
      MANDATE OF USCA (certified copy). The undersigned counsel for the parties hereby stipulate that this appeal and cross appeal is hereby withdrawn without costs and without attys' fees. The appeal is withdrawn because it is moot. Certified: 10/23/98. Ackn. mailed. Judge notified. USCA# 98-7862 ; 98-7906. (Vasquez, Liz) (Entered: 11/04/1998)
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        Legal Document (Payment Possibly Required) 28 Filed: 10/29/1998, Entered: None Court Filing
        MANDATE OF USCA (certified copy) Re: [17-1] appeal. Motion for reinstatement of appeal is granted in order to process stipulation withdrawing appeal as moot. Issue date not given. Acknowledgment returned to USCA. Judge notified. USCA #98-7852. (McGee, Maryann) (Entered: 10/30/1998)
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          Legal Document (Payment Possibly Required) 27 Filed: 10/22/1998, Entered: None
          ORDER dated 10/19/98 directing that Counsel shall submit a written report on the status of this action by 11/9/98. Signed by Magistrate Steven M. Gold. C/M by Chambers. (Permaul, Jenny) (Entered: 10/22/1998)
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            Legal Document (Payment Possibly Required) 26 Filed: 7/31/1998, Entered: None
            ANSWER to Complaint by City of New York, Department of Trans, Richard Malchow, Department of Consumer Affairs, City of New York. (Permaul, Jenny) (Entered: 08/03/1998)
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              Legal Document (Payment Possibly Required) 25 Filed: 7/28/1998, Entered: None Court Filing
              STIPULATION and ORDER dated 7/14/98, extending time to 7/3/98 for the defendant to answer the complaint . Signed by Judge Allyne R. Ross. (Permaul, Jenny) (Entered: 07/31/1998)
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                Legal Document (Payment Possibly Required) 24 Filed: 7/28/1998, Entered: None Court Filing
                LETTER dated 7/27/98 from Sherrill Kurland, Esq. to Judge Ross requesting an extension of time to 7/31/98 for the defendants to Answer the complaint,and encloseing a Stipulation and Proposed Order granting the extension. (Permaul, Jenny) (Entered: 07/29/1998)
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                  Legal Document (Payment Possibly Required) 23 Filed: 7/22/1998, Entered: None
                  Acknowledgment from USCA received re: [17-1] appeal. Acknowledgment unsigned and dated 7/16/98. (McGee, Maryann) (Entered: 07/23/1998)
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                    Legal Document (Payment Possibly Required) 22 Filed: 7/9/1998, Entered: None
                    COPY OF TRANSCRIPT OF TELEPHONE CONFERENCE PROCEEDINGS IN CHAMBERS BEFORE THE HONORABLE JUDGE ROSS filed for for dates of 5/7/98 at 4:30 p.m. (McGee, Maryann) (Entered: 07/09/1998)
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                      Legal Document (Payment Possibly Required) 21 Filed: 7/9/1998, Entered: None
                      TRANSCRIPT OF TELEPHONE CONFERENCE BEFORE JUDGE ROSS filed for for dates of 5/6/98 at 12:15 p.m. (McGee, Maryann) (Entered: 07/09/1998)
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                        Legal Document (Payment Possibly Required) 20 Filed: 7/2/1998, Entered: None Court Filing
                        MANDATE OF USCA (certified copy) Re: [19-1] appeal. The Civil Appeal Management Plan if this Court directs that within 10 days after filing a Notice of Appeal, the Appellant shall file and serve a Pre-Argument Statement (Form C) , order a transcript of the proceedings from the court reporter and file and serve a statement concerning the same (Form D), pay docketing fee. The appellant having not so proceeded, it is ordered that the appeal is dismissed. Certified 6/29/98. Acknowledgment returned to USCA. Judge notified. USCA#98-7862. event (McGee, Maryann) (Entered: 07/02/1998)
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                          Legal Document (Payment Possibly Required) 19 Filed: 6/29/1998, Entered: None Court Filing
                          NOTICE OF CROSS APPEAL by Vito Gasparo, Harvey Kedansky, Louis Reid, Adam Petrella, Katherine Ashley Fee Paid $ 105.00 Receipt # 208472 Notice of Appeal and certified copy of docket sent appealing [15-1] order. AFF of service attached. Judge notified. C of A notified. (Gonzalez, Mary) (Entered: 06/30/1998)
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                            Legal Document (Payment Possibly Required) 18 Filed: 6/19/1998, Entered: None Court Filing
                            LETTER dated 05.18.98 from Richard D. Emery to Judge Ross writing to restate their position re: the Tax Injunction Act as articulated at the conference held on 05.15.98. Galeano, Sonia (Entered: 06/19/1998)
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                              Legal Document (Payment Possibly Required) 17 Filed: 6/16/1998, Entered: None
                              NOTICE OF APPEAL by City of New York, Department of Trans, Richard Malchow, Department of Consum Fee Paid $ 105.00 Receipt # 208053 Notice of Appeal and certified copy of docket sent appealing [15-1] order. Service made by Clerk. (McGee, Maryann) (Entered: 06/18/1998)
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                                Legal Document (Payment Possibly Required) 16 Filed: 5/28/1998, Entered: None Court Filing
                                LETTER dated 5/28/98 from Andrew G. Celli, Jr., to Judge Ross, advising that he enclosed the original court file which was inadvertently taken by their messanger. (Murphy, Margaret) (Entered: 06/08/1998)
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                                  Legal Document (Payment Possibly Required) 15 Filed: 6/3/1998, Entered: None Court Filing
                                  (copy) OPINION AND ORDER that the court GRANTS in part plaintiffs' motion for a preliminary injunction and ENJOINS implementation and enforcement of Local Law 29 and the occupancy permit scheme insofar as they permit the Commissioner of the Department of Transportation to exercise unfettered discretion with respect to termination of any occupancy permit entered into or to be entered into by plaintiffs. In all other respects, the court DENIES plaintiffs' motion for a preliminary injunction. Signed by Judge Allyne R. Ross on 5/28/98. c/m (Asreen, Wendy) (Entered: 06/03/1998)
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                                    Legal Document (Payment Possibly Required) 14 Filed: 5/14/1998, Entered: None
                                    Seth Cummins Supplemental Declaration. (Greves, Liz) (Entered: 05/21/1998)
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                                      Legal Document (Payment Possibly Required) 13 Filed: 5/14/1998, Entered: None
                                      Defts' Memo of Law addressing the applicability of the Tax Injunction Act to this action. (Greves, Liz) (Entered: 05/21/1998)
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                                        Legal Document (Payment Possibly Required) 12 Filed: 5/15/1998, Entered: None
                                        Declaration of Anthony Delorenzo. (Greves, Liz) (Entered: 05/21/1998)
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                                          Legal Document (Payment Possibly Required) 11 Filed: 5/14/1998, Entered: None
                                          Declaration of Andrew G. Celli, Jr. (Greves, Liz) (Entered: 05/21/1998)
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                                            Legal Document (Payment Possibly Required) 10 Filed: 5/15/1998, Entered: None
                                            Calendar entry: Case cannot settle. City agrees to stay enforcement of repulatory scheme pending issuance of decision on preliminary injunction motion. (Reddy, Lisa) (Entered: 05/20/1998)
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                                              Legal Document (Payment Possibly Required) 9 Filed: 5/10/1998, Entered: None Court Filing
                                              Calendar entry: before Judge Ross-Status Conference held. Settlement conference conducted. Galeano, Sonia (Entered: 05/14/1998)
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                                                Legal Document (Payment Possibly Required) 8 Filed: 5/11/1998, Entered: None Court Filing
                                                Calendar entry: before Judge Ross-Status Conference held. Defendant's granted an additional 2-3 days to determine whether to proceed with settlement discussions and agrees to a commensurate additional stay of enforcement of Local Law 109; Affidavits of both parties re: factual issues raised by Tax Injunction Act due by 05.12.98 at 5:30 by fax; evidentiary hearing on issues scheduled for 05.13.98 at 3:30. Galeano, Sonia (Entered: 05/14/1998)
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                                                  Legal Document (Payment Possibly Required) 7 Filed: 5/7/1998, Entered: None
                                                  REPLY MEMORANDUM OF LAW by plaintiffs' in further support of their motion for a temporary restraining order and preliminary injunction. Galeano, Sonia (Entered: 05/13/1998)
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                                                    Legal Document (Payment Possibly Required) 6 Filed: 5/12/1998, Entered: None
                                                    MEMORANDUM of law by Vito Gasparo, Harvey Kedansky, Louis Reid, Adam Petrella, Katherine Ashley in support of plaintiffs' motion for a temporary restraining order and preliminary injunction. (Dobkin, David) (Entered: 05/12/1998)
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                                                      Legal Document (Payment Possibly Required) 5 Filed: 5/12/1998, Entered: None
                                                      ORDER TO SHOW CAUSE seeking T.R.O. and Preliminary Injunction submitted by plaintiffs. Attached exhibits A-0 and A-B. Attached Declarations in support. (Dobkin, David) (Entered: 05/12/1998)
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                                                        Legal Document (Payment Possibly Required) 4 Filed: 5/6/1998, Entered: None Court Filing
                                                        Calendar entry: Before Judge Ross on 5/6/98 for a Status Conference. Oral Argument by telephone. Re: Motion for Preliminary Injunction. Further briefing scheduled due 6/7 and 6/8/98 at 4:00. Proceeding transcribed. Parties agree to defer consideration of adult use zoning regulation pending determination by circuit of consitutionality. (Piper, Francine) (Entered: 05/11/1998)
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                                                          Legal Document (Payment Possibly Required) 3 Filed: 5/4/1998, Entered: None
                                                          DECLARATION by Seth Cummins on behalf of defts. in opposition to Preliminary Injunction. (Permaul, Jenny) (Entered: 05/04/1998)
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                                                            Legal Document (Payment Possibly Required) 2 Filed: 5/4/1998, Entered: None
                                                            MEMORANDUM by City of New York, Department of Trans, Richard Malchow, Department of Consumer Affairs in opposition to Plaintiffs' Motion for a Preliminary Injuction. (Permaul, Jenny) (Entered: 05/04/1998)
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                                                              Legal Document (Payment Possibly Required) 1 Filed: 4/23/1998, Entered: None
                                                              COMPLAINT filed and summons(es) issued for City of New York, Department of Trans, Richard Malchow, Department of Consum FILING FEE $ 150.00 RECEIPT # 206 (Chow, Alice) (Entered: 04/24/1998)
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