National Fuel Gas Distribution Corporation et al v. Christian et al
| New York Northern District Court | |
| Judge: | Glenn T Suddaby |
| Referred: | Mitchell J Katz |
| Case #: | 1:25-cv-00525 |
| Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Apr 29, 2025 |
| Last checked: Tuesday Apr 29, 2025 5:06 PM EDT |
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Defendant
James S. Alesi
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Defendant
Uchenna S. Bright
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Defendant
Rory M. Christian
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Defendant
John B. Maggiore
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Defendant
Denise M. Sheehan
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Defendant
David J. Valesky
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Defendant
Radina M. Valova
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Plaintiff
National Fuel Gas Distribution Corporation
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Represented By
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Plaintiff
The Business Council of New York State, Inc.
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Represented By
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| Docket last updated: 05/08/2025 11:59 PM EDT |
| Thursday, May 08, 2025 | ||
| 11 | 11
order
Order on Motion for Limited Admission Pro Hac Vice
Thu 05/08 8:49 AM
TEXT ORDER: Granting the #6 Motion for Limited Admission Pro Hac Vice. 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. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST BE FILED IN THIS ACTION or you will not receive electronic notifications in the case. SO ORDERED by U.S. Magistrate Judge Mitchell J. Katz on 5/8/2025. (kck) |
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| Wednesday, May 07, 2025 | ||
| 10 | 10
misc
Supplemental Admission documents
Wed 05/07 11:43 AM
Supplemental Admission documents re:6 Motion for Limited Admission Pro Hac Vice, [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] . (ham) |
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misc
Notice of Attorney Admission Filing Deficiency
Wed 05/07 11:02 AM
Notice of Attorney Admission Filing Deficiency re:6 Motion for Limited Admission Pro Hac Vice,. Pursuant to LR 83.1(d), the applicant MUST provide the following required documents: Oath on Admission at the bottom of the Attorney Registration Form must be signed and dated by the Attorney ; The corrected documents should be transmitted to the Court via MFT found on the Court's website https://www.nynd.uscourts.gov/submitting-files-court-mft and labeled 'Supplemental Admission documents' . Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. Notice of Compliance Deadline 5/21/2025 (jel, ) |
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| Thursday, May 01, 2025 | ||
| 9 | 9
order
Order on Motion for Preliminary Injunction Order on Letter Request
Thu 05/01 5:14 PM
TEXT ORDER denying7 Plaintiffs' request for an Order to Show Cause but reserving decision on7 their underlying motion for a preliminary injunction pending the completion of briefing and the holding of a hearing under Fed. R. Civ. P. 65. Plaintiffs' request for an Order to Show Cause is unsupported by a showing of good and sufficient cause why the standard motion procedure (i.e., advanced notice, 21 days for an opposition, and 7 days for a reply) cannot be used with regard to their motion for a preliminary injunction. Plaintiffs argue that Local Rule 7.1(a)(2)'s meet-and-confer requirement would so delay the onset of the standard motion procedure as to prevent a decision by June 19, 2025. (Dkt. No.7 , Attach. 1, at 9.) See also N.D.N.Y. L.R. 7.1(a)(2) ("Prior to making any non-dispositive motion before the assigned Magistrate Judge, the parties must make good faith efforts among themselves to resolve or reduce all differences relating to the non-dispositive issue....") (emphasis removed). However, the Court rejects that argument for two alternative reasons. First, a motion for a preliminary injunction is properly considered as dispositive for purposes of Fed. R. Civ. P. 72. See, e.g., Brock v. City of New York, 21-CV-11094, 2022 WL 3445732, at *2 (S.D.N.Y. Aug. 17, 2022) ("Nor is such consent required for the Court to request a report and recommendation on a dispositive motion, such as the motion for a preliminary injunction and temporary restraining order."); Utica Mutual Ins. Co. v. INA Reins. Co., 12-CV-0194, 2012 WL 13028279, at *4 (N.D.N.Y. June 12, 2012) (Dancks, M.J.) ("Motions for a preliminary injunction have been labeled dispositive by district courts in the Second Circuit.") (citing two cases); Planck v. Schenectady County, 12-CV-0336, 2012 WL 1977972, at *2 & n.1 (N.D.N.Y. June 1, 2012) (Suddaby, J.) ("[I]n this District, when a party files a dispositive motion (such as a motion for a preliminary injunction), that party is not entitled to file a surreply."); Meaney v. Village of Johnson City, 10-CV-0070, 2010 WL 1633371, at *8 (N.D.N.Y. Apr. 21, 2010) (McAvoy, J.) ("The Court agrees that a motion for a preliminary injunction is dispositive and therefore, Plaintiff was not required to request a court conference before filing the instant cross-motion."); Mitchell v. Century 21 Rustic Realty, 233 F.Supp.2d 418, 430 (E.D.N.Y.2002) ("Motions for preliminary injunctions are dispositive matters."); Odom v. Senkowski, 96-CV-0554, 1997 WL 458450, at *1 (N.D.N.Y. Aug. 7, 1997) (Pooler,.J.) ("Because Odom's request for a preliminary injunction is a dispositive motion, the magistrate judge's recommendations require de novo review."); Rivera v. New York City Hous. Auth., 94-CV-4366, 1995 WL 546936, at *1 (S.D.N.Y. Sept. 14, 1995) ("This Court referred the action to the Honorable James C. Francis IV, United States Magistrate Judge, for supervision of discovery and preparation of a report and recommendation on certain dispositive motions, including plaintiffs' motions for preliminary injunctions."). Second, in any event, Plaintiffs' motion is being made not before U.S. Magistrate Judge Mitchell J. Katz but before the undersigned. (See Dkt. No.7 [attaching proposed Order to be signed by the undersigned].) Having said all of that, the Court will move the standard response deadline up a day (5/21/2025), and the standard reply deadline up a day (5/28/2025, so that a hearing may be held promptly on Thursday, May 29, 2025 at 9:30 AM in Syracuse, New York. Plaintiffs' counsel shall promptly serve a copy of this Text Order upon Defendants and ensure all other required service is in compliance with Rule 4 of the Federal Rules of Civil Procedure. SO ORDERED by U.S. District Judge Glenn T Suddaby on 5/1/2025. (sal) |
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| 8 | 8
motion
Letter Request/Motion
Thu 05/01 1:06 PM
Letter Motion from Anthony J. Dick for National Fuel Gas Distribution Corporation, The Business Council of New York State, Inc. requesting Oral Argument on Plaintiff's Proposed Order to Show Cause for Preliminary Injunction submitted to Judge Glenn T. Suddaby . (Dick, Anthony) |
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| 7 | 7
motion
Preliminary Injunction
Thu 05/01 1:02 PM
Emergency MOTION for Preliminary Injunction filed by National Fuel Gas Distribution Corporation, The Business Council of New York State, Inc.. Motion returnable before Judge Glenn T. Suddaby by National Fuel Gas Distribution Corporation, The Business Council of New York State, Inc..(Dick, Anthony) |
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Att: 1
Declaration of Anthony J. Dick in Support,
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Att: 2
Memorandum of Law in Support,
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Att: 3
Declaration of Nathan Barnes in Support,
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Att: 4
Declaration of Charlene M. Faulk in Support
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| Wednesday, April 30, 2025 | ||
| 6 | 6
motion
Limited Admission Pro Hac Vice
Wed 04/30 9:58 AM
MOTION for Limited Admission Pro Hac Vice of Anthony Jacob Jeffries for Plaintiffs National Fuel Gas Distribution Corporation, and The Business Council of New York State, Inc. Filing fee $100, receipt number 27NNOBNP. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] Motions referred to Mitchell J. Katz. (ham) |
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| Tuesday, April 29, 2025 | ||
| 5 | 5
notice
Notice of Admission Requirement
Tue 04/29 5:03 PM
NOTICE OF ADMISSION REQUIREMENT as to Parties National Fuel Gas Distribution Corporation, and The Business Council of New York State, Inc.; Attorney: Anthony J. Jeffries, email address is ajjeffries@jonesday.com, phone number is 202-879-3939. Admissions due by 5/13/2025. (ham) |
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| 4 | 4
misc
G.O. 25 Filing Order
Tue 04/29 5:01 PM
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 7/28/2025 02:00 PM before Magistrate Judge Mitchell J. Katz. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/21/2025. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ham) |
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| 3 | 3
service
Summons Issued
Tue 04/29 5:00 PM
Summons Issued as to James S. Alesi, Uchenna S. Bright, Rory M. Christian, John B. Maggiore, Denise M. Sheehan, David J. Valesky, and Radina M. Valova. (ham) |
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| 2 | 2
misc
FRCP 7.1 Corporate Disclosure Statement
Tue 04/29 5:00 PM
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by National Fuel Gas Distribution Corporation identifying Corporate Parent National Fuel Gas Company for National Fuel Gas Distribution Corporation. (ham) |
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| 1 | 1
22
pgs
cmp
Complaint
Tue 04/29 4:56 PM
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against James S. Alesi, Uchenna S. Bright, Rory M. Christian, John B. Maggiore, Denise M. Sheehan, David J. Valesky, and Radina M. Valova (Filing fee $405 receipt number BNYNDC-7114730) filed by National Fuel Gas Distribution Corporation, and The Business Council of New York State, Inc.(ham) (ham, ) |
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Att: 1
(4/29/2025) Exhibit 1 - Assembly Bill 606,
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Att: 2
(4/29/2025) Assembly Bill 7593-B,
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Att: 3
(4/29/2025) Exhibit 3 - Bill Jacket 2024,
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Att: 4
(4/29/2025) Exhibit 4 - Letter dated_04 07-2025
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Att: 5
(4/29/2025) Exhibit 5 - Letter dated 04 28-2025
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Att: 6
(4/29/2025) Civil Cover Sheet
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