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04-927 - The Children First Foundation, Inc. et al v. Martinez et al

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Barbara J. Fiala, Defendant
Raymond P. Martinez, Defendant
George E. Pataki, Defendant
David A. Paterson, Defendant
Neal Schoen, Defendant
David J. Swartz, Defendant
Children First Foundation, Inc., Plaintiff
Elizabeth Rex, Plaintiff
Document in Context
04-927 - The Children First Foundation, Inc. et al v. Martinez et al
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December 10, 2007
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MEMORANDUM-DECISION AND ORDER granting in part and denying in part 113 Motion to Compel, granting Defendant Dunn's motion to compel, staying compliance with this order for 10 days. Signed by Judge Randolph F. Treece on 12/10/07. (tab)
December 27, 2007
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MEMORANDUM-DECISION&ORDER: Upon due consideration of the # 130 Appeal of Decision to District Court and the # 131 Motion to Vacate the # 128 Order on the # 67 Motion to Amend/Correct Answer. It is hereby ordered that Judge Randolph Treece's # 128 Memorandum-Decision&Order is reversed; it is ordered that defendant Jill A. Dunn's # 67 Motion be granted in part to allow her to amend her answer with a government speech doctrine affirmative defense, and denied in part, to prevent her from amending her answer with an Establishment Clause neutrality defense. Further ordered that defendant, Jill A. Dunn file an amended answer no later than 1/26/2008. Signed by Judge Neal P. McCurn on 12/27/07. (jmb)
January 15, 2008
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MEMORANDUM-DECISION AND ORDER denying 88 Motion to Compel, except Plaintiff shall provide a response to Interrogatory No. 1 and the documents for Demand to Produce No. 1, on or before 2/11/08. Signed by Judge Randolph F. Treece on 1/8/08. (ban)
June 20, 2008
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ORDER denying the #169 Motion for Certificate of Appealability. Signed by Senior Judge Neal P. McCurn on 6/20/2008. (kee)
November 8, 2011
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MEMORANDUM-DECISION AND ORDER: It is ORDERED that the # 198 motion for summary judgment by Barbara J. Fiala, in her official capacity as Commissioner for the NYS DMV is DENIED; that the # 197 motion for summary judgment by Raymond P. Martinez regarding his affirmative defense of qualified immunity is GRANTED; and that the # 203 motion for summary judgment by Children First Foundation, Inc. is GRANTED. Further ORDERED that Barbara J. Fiala, in her official capacity, as well as her agents, employees, officials and any other person acting in concert with her or on her behalf, shall approve Children First Foundation, Inc.'s preferred custom plate design application that was submitted prior to the institution of the moratorium on acceptance of new plate applications. Further ORDERED that execution of Judgment in this action shall be stayed pending a potential appeal, and shall continue to be stayed until resolution of that appeal. The Clerk of the Court is to amend the caption to reflect that Barbara J. Fiala is substituted as a defendant for David. J. Swartz pursuant to Rule 25(d) of the Fed.R.Civ.P. and to reflect that Raymond P. Martinez has been terminated as a defendant to this action. Signed by Senior Judge Neal P. McCurn on 11/8/2011. (mae)
November 9, 2011
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JUDGMENT in favor of Children First Foundation, Inc. against Barbara J. Fiala. Entered in accordance with the # 224 Memorandum-Decision and Order of Senior District Judge Neal P. McCurn. {Execution of this Judgment is to be stayed pending the appeal time frame. If an appeal is filed, execution shall remain stayed pending resolution of said appeal} (mae)