Mulhern Gas Co., Inc. et al v. Rodriguez, et al
| New York Northern District Court | |
| Judge: | Glenn T Suddaby |
| Referred: | Christian F Hummel |
| Case #: | 1:23-cv-01267 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:2201 Declaratory Judgement |
| Case Filed: | Oct 12, 2023 |
| Last checked: Tuesday Apr 09, 2024 4:24 AM EDT |
|
Defendant
RuthAnne Visnauskas
|
Represented By
|
|
Defendant
New York State Fire Prevention and Building Code Council
|
Represented By
|
|
Defendant
New York Department of State
|
Represented By
|
|
Defendant
Roberta Reardon
|
Represented By
|
|
Defendant
Robert J. Rodriguez
|
Represented By
|
|
Defendant
Dominic Marinelli
|
Represented By
|
|
Defendant
Michael Spano
|
Represented By
|
|
Defendant
Joseph Toomey
|
Represented By
|
|
Defendant
Robert Hughes
|
Represented By
|
|
Defendant
William W. Tuyn
|
Represented By
|
|
Defendant
Shawn Hamlin
|
Represented By
|
|
Defendant
Patrick Dolan
|
Represented By
|
|
Defendant
Joseph M. DeStefano
|
Represented By
|
|
Defendant
Timothy DeRuyscher
|
Represented By
|
|
Defendant
James Cable
|
Represented By
|
|
Defendant
Claudia Braymer
|
Represented By
|
|
Defendant
Eric Adams
|
Represented By
|
|
Plaintiff
Transport Workers Union Local 101, AFL-CIO
|
Represented By
|
|
Plaintiff
Plumbing Contractors Association of Long Island
|
Represented By
|
|
Plaintiff
Plumbers Local Union No. 200
|
Represented By
|
|
Plaintiff
National Association of Home Builders
|
Represented By
|
|
Plaintiff
Northeast Hearth, Patio and Barbecue Association
|
Represented By
|
|
Plaintiff
New York State Builders Association
|
Represented By
|
|
Plaintiff
New York Propane Gas Association
|
Represented By
|
|
Plaintiff
National Propane Gas Association
|
Represented By
|
|
Plaintiff
Mulhern Gas Co., Inc.
|
Represented By
|
|
Plaintiff
Licensed Plumbing Association of New York City, Inc.
|
Represented By
|
|
Plaintiff
International Brotherhood of Electrical Workers Local Union 97
|
Represented By
|
|
Plaintiff
International Brotherhood of Electrical Workers Local 1049
|
Represented By
|
|
Plaintiff
Holmes Mech. LLC
|
Represented By
|
| 1. | New York gas stove ban heats up as gas and construction groups file federal lawsuit (foxbusiness.com) |
| Submitted Tue 10/17/2023 | |
| Docket last updated: 6 hours ago |
| Tuesday, January 23, 2024 | ||
| 25 | 25
respm
Reply to Response to Motion
Tue 01/23 4:16 PM
REPLY to Response to Motion re19 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Eric Adams, Claudia Braymer, James Cable, Timothy DeRuyscher, Joseph M. DeStefano, Patrick Dolan, Shawn Hamlin, Robert Hughes, Dominic Marinelli, New York Department of State, filed by Eric Adams, Claudia Braymer, James Cable, Timothy DeRuyscher, Joseph M. DeStefano, Patrick Dolan, Shawn Hamlin, Robert Hughes, Dominic Marinelli, New York Department of State, New York State Fire Prevention and Building Code Council, Roberta Reardon, Robert J. Rodriguez, Michael Spano, Joseph Toomey, William W. Tuyn, RuthAnne Visnauskas.(McCabe, Gavin) |
|
|
Att: 1
Exhibit(s),
|
||
|
Att: 2
Declaration of Service by ECF
|
||
| Tuesday, January 09, 2024 | ||
| 24 | 24
order
Order Setting Hearing on Motion
Tue 01/09 2:36 PM
TEXT ORDER granting Defendants' an extension of time to file their reply brief to the19 Motion to Dismiss on or before January 23, 2024. SO ORDERED by U.S. District Judge Glenn T Suddaby on 1/9/2024. (sal ) |
|
| 23 | 23
misc
Stipulation
Tue 01/09 11:24 AM
STIPULATION re22 Response in Opposition to Motion,,,19 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Eric Adams, Claudia Braymer, James Cable, Timothy DeRuyscher, Joseph M. DeStefano, Patrick Dolan, Shawn Hamlin, Robert Hughes, Dominic Marinelli, New York Department of State, by Eric Adams, Claudia Braymer, James Cable, Timothy DeRuyscher, Joseph M. DeStefano, Patrick Dolan, Shawn Hamlin, Robert Hughes, Dominic Marinelli, New York Department of State, New York State Fire Prevention and Building Code Council, Roberta Reardon, Robert J. Rodriguez, Michael Spano, Joseph Toomey, William W. Tuyn, RuthAnne Visnauskas submitted to Judge Hummel. (McCabe, Gavin) |
|
| Monday, January 08, 2024 | ||
| 22 | 22
respm
Response in Opposition to Motion
Mon 01/08 4:59 PM
RESPONSE in Opposition re19 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Eric Adams, Claudia Braymer, James Cable, Timothy DeRuyscher, Joseph M. DeStefano, Patrick Dolan, Shawn Hamlin, Robert Hughes, Dominic Marinelli, New York Department of State, Memorandum of Law in Opposition to Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction filed by Holmes Mech. LLC, International Brotherhood of Electrical Workers Local 1049, International Brotherhood of Electrical Workers Local Union 97, Licensed Plumbing Association of New York City, Inc., Mulhern Gas Co., Inc., National Association of Home Builders, National Propane Gas Association, New York Propane Gas Association, New York State Builders Association, Northeast Hearth, Patio and Barbecue Association, Plumbers Local Union No. 200, Plumbing Contractors Association of Long Island, Transport Workers Union Local 101, AFL-CIO. (Jorgensen, Sarah) |
|
| Tuesday, December 26, 2023 | ||
| 21 | 21
notice
Notice - Other
Tue 12/26 2:59 PM
TEXT NOTICE: The Rule 16 Initial Conference scheduled for 1/10/2024 at 9:30am before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. (tab) |
|
| Thursday, December 21, 2023 | ||
| 20 | 20
notice
Notice of Appearance
Thu 12/21 7:07 PM
NOTICE OF APPEARANCE by Timothy L. Hoffman on behalf of All Defendants (Hoffman, Timothy) |
|
| Monday, December 18, 2023 | ||
| 19 | 19
motion
Dismiss/Lack of Subject Matter Jurisdiction
Mon 12/18 4:06 PM
MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Eric Adams, Claudia Braymer, James Cable, Timothy DeRuyscher, Joseph M. DeStefano, Patrick Dolan, Shawn Hamlin, Robert Hughes, Dominic Marinelli, New York Department of State, New York State Fire Prevention and Building Code Council, Roberta Reardon, Robert J. Rodriguez, Michael Spano, Joseph Toomey, William W. Tuyn, RuthAnne Visnauskas. Motion returnable before Judge Suddaby Response to Motion due by 1/8/2024. Reply to Response to Motion due by 1/16/2024 (McCabe, Gavin) |
|
|
Att: 1
Memorandum of Law in Support of Motion,
|
||
|
Att: 2
Declaration Certifying Service via ECF
|
||
| 18 | 18
notice
Notice of Appearance
Mon 12/18 3:07 PM
NOTICE OF APPEARANCE by Gavin G. McCabe on behalf of All Defendants (McCabe, Gavin) |
|
| Friday, December 15, 2023 | ||
| 17 | 17
2
pgs
order
Order
Fri 12/15 5:23 PM
ORDER approving16 Stipulation filed by Mulhern Gas Co., Inc. DEFERRING RULE 26(A)(1) INITIAL DISCLOSURES. Signed by Magistrate Judge Christian F. Hummel on 12/15/2023. (tab) |
|
| Wednesday, December 13, 2023 | ||
| 16 | 16
misc
Stipulation
Wed 12/13 2:41 PM
STIPULATION and [PROPOSED] Order Deferring Rule 26(A)(1) Initial Disclosures by Mulhern Gas Co., Inc. submitted to Judge Christian F. Hummel. (Jorgensen, Sarah) |
|
| Wednesday, November 01, 2023 | ||
| 15 | 15
notice
Notice of Appearance
Wed 11/01 11:50 AM
NOTICE OF APPEARANCE by Christopher C. Gore on behalf of All Defendants (Gore, Christopher) |
|
| Thursday, October 26, 2023 | ||
| 14 | 14
notice
Notice of Appearance
Thu 10/26 6:38 PM
NOTICE OF APPEARANCE by Courtland L. Reichman on behalf of All Plaintiffs |
|
| 13 | 13
notice
Notice of Appearance
Thu 10/26 6:31 PM
NOTICE OF APPEARANCE by Brian C. Baran on behalf of All Plaintiffs (Baran, Brian) |
|
| Wednesday, October 25, 2023 | ||
| 12 | 12
order
Order on Letter Request
Wed 10/25 4:13 PM
TEXT ORDER granting11 Letter Motion from all parties stipulating to accept service and extend time to respond to complaint for Eric Adams, Claudia Braymer, James Cable, Timothy DeRuyscher, Joseph M. DeStefano, Patrick Dolan, Shawn Hamlin, Robert Hughes, et al. : Defendant's answer is due by 12/18/2023. Authorized by Magistrate Judge Christian F. Hummel on 10/25/2023. (tab) |
|
| 11 | 11
motion
Letter Request/Motion
Wed 10/25 11:23 AM
Letter Motion from all parties stipulating to accept service and extend time to respond to complaint for Eric Adams, Claudia Braymer, James Cable, Timothy DeRuyscher, Joseph M. DeStefano, Patrick Dolan, Shawn Hamlin, Robert Hughes, Dominic Marinelli, New York Department of State, New York State Fire Prevention and Building Code Council, Roberta Reardon, Robert J. Rodriguez, Michael Spano, Joseph Toomey, William W. Tuyn, RuthAnne Visnauskas requesting that the stipulation be so ordered. submitted to Judge Hon. Christian F. Hummel . (Mirman-Heslin, Laura) |
|
| Tuesday, October 24, 2023 | ||
| 10 | 10
notice
Notice of Appearance
Tue 10/24 4:42 PM
NOTICE OF APPEARANCE by Laura Mirman-Heslin on behalf of All Defendants (Mirman-Heslin, Laura) |
|
| Monday, October 23, 2023 | ||
| 9 | 9
order
Order on Motion for Limited Admission Pro Hac Vice
Mon 10/23 4:16 PM
TEXT ORDER granting7 Motion for Limited Admission Pro Hac Vice of Courtland L. Reichman, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 10/23/2023. (tab) |
|
| 8 | 8
order
Order on Motion for Limited Admission Pro Hac Vice
Mon 10/23 4:14 PM
TEXT ORDER granting6 Motion for Limited Admission Pro Hac Vice of Brian C. Baran, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 10/23/2023. (tab) |
|
| Thursday, October 19, 2023 | ||
| 7 | 7
motion
Limited Admission Pro Hac Vice
Thu 10/19 6:37 PM
MOTION for Limited Admission Pro Hac Vice of Courtland L. Reichman Filing fee $100, receipt number ANYNDC-6483952. Motions referred to Christian F. Hummel. (Jorgensen, Sarah) |
|
|
Att: 1
Declaration of Sponsor - Sarah O. Jorgensen,
|
||
|
Att: 2
Petition for Admission,
|
||
|
Att: 3
Attorney E-Filing Registration Form,
|
||
|
Att: 4
Certificate of Good Standing,
|
||
|
Att: 5
Proposed Order/Judgment
|
||
| 6 | 6
motion
Limited Admission Pro Hac Vice
Thu 10/19 3:49 PM
MOTION for Limited Admission Pro Hac Vice of Brian C. Baran Filing fee $100, receipt number ANYNDC-6483659. Motions referred to Christian F. Hummel. (Jorgensen, Sarah) |
|
|
Att: 1
Declaration of Sponsor - Sarah O. Jorgensen,
|
||
|
Att: 2
Petition for Admission,
|
||
|
Att: 3
Attorney E-Filing Registration Form,
|
||
|
Att: 4
Certificate of Good Standing,
|
||
|
Att: 5
Proposed Order/Judgment
|
||
| Friday, October 13, 2023 | ||
| 5 | 5
misc
FRCP 7.1 Corporate Disclosure Statement
Fri 10/13 3:52 PM
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Holmes Mech. LLC, International Brotherhood of Electrical Workers Local 1049, International Brotherhood of Electrical Workers Local Union 97, Licensed Plumbing Association of New York City, Inc., Mulhern Gas Co., Inc., National Association of Home Builders, National Propane Gas Association, New York Propane Gas Association, New York State Builders Association, Northeast Hearth, Patio and Barbecue Association, Plumbers Local Union No. 200, Plumbing Contractors Association of Long Island, Transport Workers Union Local 101, AFL-CIO. (Jorgensen, Sarah) |
|
| Thursday, October 12, 2023 | ||
| 4 | 4
misc
G.O. 25 Filing Order
Thu 10/12 3:56 PM
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/10/2024 09:30 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/3/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) |
|
| 3 | 3
notice
Notice of Admission Requirement
Thu 10/12 3:55 PM
NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiffs; Attorney Courtland L. Reichman, Brian C. Baran, Email address is creichman@reichmanjorgensen.com; bbaran@reichmanjorgensen.com. Phone number is 650-623-1401; 202-864-7310. Admissions due by 10/26/2023. (khr)(Copy of Notice was emailed to each attorney along with a copy of the General Order #25) |
|
| 2 | 2
service
Summons Issued
Thu 10/12 3:51 PM
Summons Issued as to Robert J. Rodriguez.(khr, ) |
|
|
Att: 1
Summons issued as to New York Department of State,
|
||
|
Att: 2
Summons issued as to NYS Fire Prevention and Building Code Council,
|
||
|
Att: 3
Summons issued as to James Cable,
|
||
|
Att: 4
Summons issued as to RuthAnne Visauskas,
|
||
|
Att: 5
Summons issued as to Roberta Reardon,
|
||
|
Att: 6
Summons issued as to Eric Adams,
|
||
|
Att: 7
Summons issued as to Michael Spano,
|
||
|
Att: 8
Summons issued as to Joseph M. DeStefano,
|
||
|
Att: 9
Summons issued as to Claudia Braymer,
|
||
|
Att: 10
Summons issued as to Joseph Toomey,
|
||
|
Att: 11
Summons issued as to Shawn Hamlin,
|
||
|
Att: 12
Summons issued as to Timothy DeRuyscher,
|
||
|
Att: 13
Summons issued as to Robert Hughes,
|
||
|
Att: 14
Summons issued as to William W. Tuyn,
|
||
|
Att: 15
Summons issued as to Patrick Dolan,
|
||
|
Att: 16
Summons issued as to Dominic Marinelli
|
||
| 1 | 1
26
pgs
cmp
Complaint
Thu 10/12 3:37 PM
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Eric Adams, Claudia Braymer, James Cable, Timothy DeRuyscher, Joseph M. DeStefano, Patrick Dolan, Shawn Hamlin, Robert Hughes, Dominic Marinelli, New York Department of State, New York State Fire Prevention and Building Code Council, Roberta Reardon, Robert J. Rodriguez, Michael Spano, Joseph Toomey, William W. Tuyn, RuthAnne Visnauskas (Filing fee $402 receipt number ANYNDC-6474639) filed by International Brotherhood of Electrical Workers Local Union 97, Plumbers Local Union No. 200, National Association of Home Builders, Holmes Mech, LLC, Licensed Plumbing Association of New York City, Inc., Mulhern Gas Co., Inc., Northeast Hearth, Patio and Barbecue Association, National Propane Gas Association, International Brotherhood of Electrical Workers Local 1049, Transport Workers Union Local 101, AFL-CIO, New York State Builders Association, New York Propane Gas Association, Plumbing Contractors Association of Long Island.(khr) |
|
|
Att: 1
Civil Cover Sheet
|
||