Parker v. Halftown et al
| New York Northern District Court | |
| Judge: | Brenda K Sannes |
| Referred: | Therese Wiley Dancks |
| Case #: | 5:24-cv-00886 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Jul 17, 2024 |
| Last checked: Saturday Aug 31, 2024 4:55 AM EDT |
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Petitioner
Dustin Parker
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Represented By
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Respondent
Michael Barringer
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Represented By
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Respondent
Jonathan Dekanski
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Represented By
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Respondent
Joseph E. Fahey
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Represented By
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Respondent
Clint Halftown
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Represented By
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Respondent
Donald Jimerson
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Represented By
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Respondent
Timothy Twoguns
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Respondent
Gary Wheeler
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Represented By
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| Docket last updated: 09/06/2024 11:59 PM EDT |
| Wednesday, August 28, 2024 | ||
| 38 | 38
order
Order on Letter Request
Wed 08/28 3:18 PM
TEXT ORDER: granting36 Letter requesting an extension of the page limit. Plaintiff may file an oversized reply to his2 Motion for Preliminary Injunction, not to exceed 16 pages in length. SO ORDERED by Chief Judge Brenda K. Sannes on 8/28/2024. (nmk) |
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| Tuesday, August 20, 2024 | ||
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misc
Text Notice of Filing Deficiency
Tue 08/20 9:37 AM
TEXT NOTICE OF FILING DEFICIENCY regarding the37 Reply to Response to Motion,, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. This document has been TEMPORARILY RESTRICTED. Counsel is directed to make the appropriate redactions to the above referenced document and electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number. Do NOT use any other event to file your corrected document. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. In attachment 2: Exhibit A- Petition Filed in Tribal Court, Page 29 has an instant of a home address. Notice of Filing Deficiency Deadline 8/23/2024. (mmg) |
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misc
Clerk Correction of Docket Entry
Tue 08/20 4:34 PM
CLERK'S CORRECTION OF DOCKET ENTRY re #37 Reply to Response to Motion: A redacted copy of attachment #2 Exhibit A, has been uploaded and attached to Docket #37 . The unredacted copy of Exhibit A is now permanently restricted pursuant to Fed. R. Civ. P. Rule 5.2 and NYND Local Rule 5.2 (mmg) |
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| Monday, August 19, 2024 | ||
| 37 | 37
respm
Reply to Response to Motion
Mon 08/19 5:33 PM
REPLY to Response to Motion re2 Motion for Preliminary Injunction,,, Motion for TRO,, filed by Dustin Parker.(Hurteau, Daniel) |
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Att: 1
Declaration of Daniel J. Hurteau, Esq., in Further Support of Dustin Parker's Order to Show Cause,
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Att: 2
Exhibit(s) A - Petition Filed in Tribal Court,
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Att: 3
Exhibit(s) B - Notice of Appeal,
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Att: 4
Exhibit(s) C - Tribal Appellate Courts Memorandum and Order,
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Att: 5
Exhibit(s) D - Nations Judiciary Law,
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Att: 6
Certificate of Service
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| Friday, August 16, 2024 | ||
| 36 | 36
motion
Letter Request/Motion
Fri 08/16 5:39 PM
Letter Motion from Daniel J. Hurteau for Dustin Parker requesting Expansion of number of pages of reply brief submitted to Judge Hon. Brenda K. Sannes . (Hurteau, Daniel) |
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| Monday, August 12, 2024 | ||
| 35 | 35
1
pgs
order
Order on Letter Request
Mon 08/12 3:41 PM
STIPULATION AND ORDER granting request for extension of time for defendant Timothy Twoguns to answer, move, or otherwise act in connection with the Petition for Writ of Mandamus to 9/23/2024. Signed by Magistrate Judge Therese Wiley Dancks on 8/12/2024. (sg) |
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| Friday, August 09, 2024 | ||
| 34 | 34
misc
Stipulation
Fri 08/09 2:36 PM
STIPULATION to Extend Time to Answer or Otherwise Respond by Timothy Twoguns submitted to Judge Therese Wiley Dancks. (Nicholson, Michael) |
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| Wednesday, August 07, 2024 | ||
| 33 | 33
respm
Response in Opposition to Motion
Wed 08/07 5:30 PM
RESPONSE in Opposition re2 Motion for Preliminary Injunction,,, Motion for TRO,, filed by Michael Barringer, Jonathan Dekanski, Joseph E. Fahey, Clint Halftown, Donald Jimerson, Gary Wheeler.(Burch, David) |
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Att: 1
Memorandum of Law Memorandum of Law in Opposition to Motion for TRO and Preliminary Injunction,
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Att: 2
Declaration Declaration of D. Burch in Opposition to Motion for TRO and Preliminary Injunction,
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Att: 3
Exhibit(s) A,
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Att: 4
Exhibit(s) B,
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Att: 5
Exhibit(s) C,
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Att: 6
Exhibit(s) D,
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Att: 7
Exhibit(s) E,
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Att: 8
Exhibit(s) F,
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Att: 9
Exhibit(s) G,
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Att: 10
Exhibit(s) H,
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Att: 11
Exhibit(s) I,
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Att: 12
Exhibit(s) J,
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Att: 13
Exhibit(s) K,
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Att: 14
Exhibit(s) L,
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Att: 15
Exhibit(s) M,
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Att: 16
Exhibit(s) N
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| Thursday, August 01, 2024 | ||
| 32 | 32
misc
Transcript Request
Thu 08/01 4:51 PM
TRANSCRIPT REQUEST by Michael Barringer, Jonathan Dekanski, Joseph E. Fahey, Clint Halftown, Donald Jimerson, Gary Wheeler for proceedings held on July 25, 2024 before Judge Brenda K. Sannes.. (Nicholson, Michael) |
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| Wednesday, July 31, 2024 | ||
| 31 | 31
misc
Transcript
Wed 07/31 1:18 PM
TRANSCRIPT of Proceedings: Telephone Conference held on 7/25/2024 before Judge Brenda K. Sannes, Court Reporter/Transcriber: Eileen McDonough, Telephone number: 315-234-8546. 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 Request Redaction 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. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/21/2024. Redacted Transcript Deadline set for 9/3/2024. Release of Transcript Restriction set for 10/29/2024. Notice of Intent to Redact due by 8/5/2024 (etm, ) |
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| Thursday, July 25, 2024 | ||
| 30 | 30
misc
Transcript Request
Thu 07/25 3:11 PM
TRANSCRIPT REQUEST of Telephone Conference held on 7/25/2024 before Chief Judge Brenda K. Sannes by Dustin Parker. (Hurteau, Daniel) |
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| 29 | 29
service
Waiver of Service Executed
Thu 07/25 12:08 PM
WAIVER OF SERVICE Returned Executed by Gary Wheeler, Clint Halftown, Michael Barringer, Joseph E. Fahey, Jonathan Dekanski, Donald Jimerson. Gary Wheeler waiver sent on 7/23/2024, answer due 9/23/2024; Clint Halftown waiver sent on 7/23/2024, answer due 9/23/2024; Michael Barringer waiver sent on 7/23/2024, answer due 9/23/2024; Joseph E. Fahey waiver sent on 7/23/2024, answer due 9/23/2024; Jonathan Dekanski waiver sent on 7/23/2024, answer due 9/23/2024; Donald Jimerson waiver sent on 7/23/2024, answer due 9/23/2024.(Burch, David) |
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Att: 1
Waiver of Service,
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Att: 2
Waiver of Service,
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Att: 3
Waiver of Service,
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Att: 4
Waiver of Service,
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Att: 5
Waiver of Service
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minutes
Telephone Conference
Thu 07/25 10:44 AM
TEXT Minute Entry for Telephone Conference held on 7/25/2024 before Chief Judge Brenda K. Sannes: After a brief discussion with counsel regarding an update on service for Respondent Twoguns and whether this court has jurisdiction, the court set a brief scheduled which was agreed upon by counsel. Respondents' response to the2 Motion for Preliminary Injunction is due by 8/7/2024. Petitioner's reply is due by 8/19/2024. Appearances: Daniel Hurteau, Esq. for petitioner; David Burch, Esq. and Michael Nicholson, Esq. for Respondents. (Court Reporter: Eileen McDonough. Time: 10:00 a.m. - 10:15 a.m.) (nmk) |
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notice
Notice of Hearing on Motion
Thu 07/25 10:46 AM
TEXT NOTICE of Hearing re2 MOTION for Preliminary Injunction/ MOTION for Temporary Restraining Order: Response to Motion due by 8/7/2024; Reply to Motion due by 8/19/2024. (nmk) |
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| Wednesday, July 24, 2024 | ||
| 28 | 28
notice
Notice of Appearance
Wed 07/24 5:29 PM
NOTICE OF APPEARANCE by David G. Burch, Jr on behalf of Michael Barringer, Jonathan Dekanski, Joseph E. Fahey, Clint Halftown, Donald Jimerson, Gary Wheeler (Burch, David) |
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| 27 | 27
notice
Notice of Appearance
Wed 07/24 4:55 PM
NOTICE OF APPEARANCE by Michael E. Nicholson on behalf of Michael Barringer, Jonathan Dekanski, Joseph E. Fahey, Clint Halftown, Donald Jimerson, Gary Wheeler (Nicholson, Michael) |
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| 26 | 26
service
Affidavit of Service
Wed 07/24 4:43 PM
AFFIDAVIT of Service for Affidavit of Personal Service of Summons in Civil Action and DKTs 7 & 8 Text Orders served on Timothy Twoguns on 7/23/2024, filed by Dustin Parker. (Hurteau, Daniel) |
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| 25 | 25
service
Affidavit of Service
Wed 07/24 11:27 AM
AFFIDAVIT of Service for Attorney Affirmation of Service by Email of Text Order 7 served on David Burch, Esq., Counsel for Respondents on 7/23/2024, filed by Dustin Parker. (Hurteau, Daniel) |
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| 24 | 24
service
Affidavit of Service
Wed 07/24 10:59 AM
AFFIDAVIT of Service for Attorney Affirmation of Service by Email of Summonses Issued to Respondents served on David Burch, Esq., Counsel for Respondents on 7/23/2024, filed by Dustin Parker. (Hurteau, Daniel) |
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| 23 | 23
service
Affidavit of Service
Wed 07/24 10:43 AM
AFFIDAVIT of Service for Affidavit of Service by Overnight Mail of Text Order 7 and Text Order 8 served on Timothy Twoguns on 7/23/2024, filed by Dustin Parker. (Hurteau, Daniel) |
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| 22 | 22
service
Affidavit of Service
Wed 07/24 10:41 AM
AFFIDAVIT of Service for Affidavit of Service by Overnight Mail of Text Order 7 and Text Order 8 served on David Burch, Esq., Counsel for Respondents on 7/23/2024, filed by Dustin Parker. (Hurteau, Daniel) |
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| Tuesday, July 23, 2024 | ||
| 21 | 21
service
Summons Issued
Tue 07/23 12:37 PM
Summons Issued as to Timothy Twoguns. (mmg) |
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| 20 | 20
service
Request for Issuance of Summons(es)
Tue 07/23 12:11 PM
REQUEST FOR ISSUANCE OF SUMMONS(ES): Dustin Parker is requesting summons(es) be issued as to Timothy Twoguns re:1 Complaint,,,,,. (Hurteau, Daniel) |
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| 19 | 19
service
Summons Issued
Tue 07/23 9:33 AM
Summons Issued as to Michael Barringer, Jonathan Dekanski, Joseph E. Fahey, Clint Halftown, Donald Jimerson, Gary Wheeler.. (mmg) |
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Att: 1
Summons Issued as to Clint Halftown,
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Att: 2
Summons Issued as to Donald Jimerson,
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Att: 3
Summons Issued as to Gary Wheeler,
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Att: 4
Summons Issued as to Michael Barringer,
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Att: 5
Summons Issued as to Jonathan Dekanski
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| Monday, July 22, 2024 | ||
| 18 | 18
service
Request for Issuance of Summons(es)
Mon 07/22 5:50 PM
REQUEST FOR ISSUANCE OF SUMMONS(ES): Dustin Parker is requesting summons(es) be issued as to Joseph E. Fahey (Hurteau, Daniel) |
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| 17 | 17
service
Request for Issuance of Summons(es)
Mon 07/22 5:48 PM
REQUEST FOR ISSUANCE OF SUMMONS(ES): Dustin Parker is requesting summons(es) be issued as to Jonathan Dekanski (Hurteau, Daniel) |
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| 16 | 16
service
Request for Issuance of Summons(es)
Mon 07/22 5:46 PM
REQUEST FOR ISSUANCE OF SUMMONS(ES): Dustin Parker is requesting summons(es) be issued as to Michael Barringer (Hurteau, Daniel) |
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| 15 | 15
service
Request for Issuance of Summons(es)
Mon 07/22 5:45 PM
REQUEST FOR ISSUANCE OF SUMMONS(ES): Dustin Parker is requesting summons(es) be issued as to Gary Wheeler (Hurteau, Daniel) |
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| 14 | 14
service
Request for Issuance of Summons(es)
Mon 07/22 5:43 PM
REQUEST FOR ISSUANCE OF SUMMONS(ES): Dustin Parker is requesting summons(es) be issued as to Donald Jimerson (Hurteau, Daniel) |
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| 13 | 13
service
Request for Issuance of Summons(es)
Mon 07/22 5:41 PM
REQUEST FOR ISSUANCE OF SUMMONS(ES): Dustin Parker is requesting summons(es) be issued as to Clint Halftown (Hurteau, Daniel) |
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| 12 | 12
respm
Affidavit in Support of Motion
Mon 07/22 4:48 PM
AFFIDAVIT in Support re2 MOTION for Preliminary Injunction filed by Dustin Parker. Motion returnable before Judge Brenda K. Sannes MOTION for Temporary Restraining Order filed by Dustin Parker.(Hurteau, Daniel) |
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Att: 1
Exhibit(s) A to Hurteau Declaration,
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Att: 2
Exhibit(s) B to Hurteau Declaration,
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Att: 3
Proposed Order/Judgment
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| 11 | 11
service
Affidavit of Service
Mon 07/22 4:08 PM
AFFIDAVIT of Service for Affidavit of Service by Overnight Mail + Attorney Affirmation of Service by Email served on David Burch, Esq., Counsel for Respondents on 7/19/2024, filed by Dustin Parker.(Hurteau, Daniel) |
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Att: 1
Attorney Affirmation of Service by Email on Respondents' Counsel
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| 10 | 10
service
Affidavit of Service
Mon 07/22 4:04 PM
AFFIDAVIT of Service for Affidavit of Service by Overnight Mail served on Respondent Tim Twoguns on 7/19/2024, filed by Dustin Parker. (Hurteau, Daniel) |
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| 9 | 9
service
Affidavit of Service
Mon 07/22 4:03 PM
AFFIDAVIT of Service for Affidavit of Personal Service served on Respondent Tim Twoguns on 7/20/2024, filed by Dustin Parker. (Hurteau, Daniel) |
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| 8 | 8
order
Order
Mon 07/22 3:58 PM
TEXT ORDER: Petitioner is directed to serve # 7 Text Order on Respondents by personal service or overnight delivery service and electronic mail by 7/24/2024 and file a certificate of service by 7/24/2024. SO ORDERED by Chief Judge Brenda K. Sannes on 7/22/2024. (nmk) |
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| 7 | 7
order
Order on Letter Request
Mon 07/22 10:39 AM
TEXT ORDER: Plaintiff's request to extend the time to serve Defendant Timothy Twoguns until 7/23/24 is GRANTED. Plaintiff is directed to file a proof of service by 7/24/24. The telephone conference previously scheduled for 7/23/24 is continued to 7/25/24 at 10:00 a.m. SO ORDERED by Chief Judge Brenda K. Sannes on 7/22/2024. (nmk) |
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utility
Set/Reset Answer Deadline
Mon 07/22 4:56 PM
***Answer due date updated for Timothy Twoguns answer due 8/12/2024. (mmg) |
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| Friday, July 19, 2024 | ||
| 6 | 6
motion
Letter Request/Motion
Fri 07/19 5:22 PM
Letter Motion from Daniel J. Hurteau, Esq. for Dustin Parker requesting Extension of Time Until 7/23/24 to Serve Timothy Twoguns submitted to Judge Brenda K. Sannes . (Hurteau, Daniel) |
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misc
Clerk Correction of Docket Entry
Fri 07/19 9:52 AM
CLERK'S CORRECTION OF DOCKET ENTRY re1 Petition: Redacted Copies of the main document Petition, attachment #3 Exhibit C, attachment #6 Exhibit F, attachment # 7 attachment G, and attachment # 8 Exhibit H # have been uploaded and Attached to Dkt. #1 . In re #2 Motion for Preliminary Injunction and Motion for TRO, Redacted copies of attachment #2 Declaration, attachment #3 Exhibit A, and attachment #6 Exhibit D have been uploaded and attached to Dkt. #2 . All unredacted copies are now permanently restricted pursuant to Fed. R. Civ. P. Rule 5.2 and NYND Local Rule 5.2. (mmg, ) |
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| Thursday, July 18, 2024 | ||
| 5 | 5
order
Order
Thu 07/18 3:11 PM
TEXT ORDER: The Court has reviewed the1 Petition for Writ of Habeas Corpus and2 application for an Order to Show Cause ("OTSC") seeking a Preliminary Injunction and Temporary Restraining Order. Petitioner does not appear to have provided advanced notice of the application to Respondents or an explanation why advanced notice could not be given, as required by Local Rule 7.1(e). Accordingly, Petitioner is directed to serve the Petition and its Exhibits, the OTSC and all supporting papers, and this Text Order on Respondents by personal service or overnight delivery service and electronic mail by 7/19/2024 and file a certificate of service by 7/22/2024. The parties are directed to attempt to reach an agreement on a briefing schedule. A telephone conference is scheduled for 7/23/2024 at 10:00 a.m. to set a briefing schedule. Counsel are directed to dial 315-691-0477 and use ID 864869728# to connect to the conference. SO ORDERED by Chief Judge Brenda K. Sannes on 7/18/2024. (nmk) |
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| 4 | 4
order
Order on Notice of Potential Related Case
Thu 07/18 2:57 PM
TEXT ORDER: granting Direct Assignment. The cases are deemed related. SO ORDERED by Chief Judge Brenda K. Sannes on 7/18/2024. (nmk) |
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| 3 | 3
misc
G.O. 25 Filing Order
Thu 07/18 11:57 AM
G.O. 25 FILING ORDER ISSUED: Initial Telephone Conference set for 10/17/2024 09:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/10/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mmg). |
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motion
Notice of Potential Related Case for Judicial Review
Thu 07/18 11:59 AM
TEXT Notice pursuant to General Order 12 of Potential Related Cases, submitted to District Judge for review and determination. Potential Related cases: 5:24-cv-00856, 5:22-cv-00128. (mmg) |
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misc
Text Notice of Filing Deficiency
Thu 07/18 12:36 PM
TEXT NOTICE OF FILING DEFICIENCY NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. This document has been TEMPORARILY RESTRICTED. Counsel is directed to make the appropriate redactions to the above referenced document and electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number. Do NOT use any other event to file your corrected document. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. In Document # 1 Petition for writ: On page 18, there is an instance of a home Address. In attachment 3, Exhibit:C- There is a home address on page 2. In attachment 6, Exhibit F:- There is a home address on page 2. In attachment 7 Exhibit G: There is a home address on page 2. Attachment 8-Exhibit: H has home adresses on page 2 and 3. In regards to the # 2 MOTION: Attachment 2: Declaration has a home address on page 3. Attachment 3 Exhibit: A has instances of home address on page 2 and 3. Attachment 6, Exhibit:D- has home addresses on page 2, 11, and 14. Notice of Filing Deficiency Deadline 7/23/2024 (mmg) |
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misc
Text Notice of Filing Deficiency
Thu 07/18 12:37 PM
TEXT NOTICE OF FILING DEFICIENCY NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Proposed Summons(es) were not included with the Complaint. Counsel is directed to file proposed summons(es) on the docket using the REQUEST FOR ISSUANCE OF SUMMONS(ES) event within 3 days of this notice. Notice of Filing Deficiency Deadline 7/23/2024 (mmg) |
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| TEXT Notice pursuant to General Order 12 of Potential Related Cases, submitted to District Judge for review and determination. Potential Related cases: 5:24-cv-00856, 5:22-cv-00128. (mmg). | ||
| TEXT NOTICE OF FILING DEFICIENCY NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Proposed Summons(es) were not included with the Complaint. Counsel is directed to file proposed summons(es) on the docket using the REQUEST FOR ISSUANCE OF SUMMONS(ES) event within 3 days of this notice. Notice of Filing Deficiency Deadline 7/23/2024 (mmg). | ||
| Wednesday, July 17, 2024 | ||
| 2 | 2
motion
Preliminary Injunction Temporary Restraining Order
Thu 07/18 11:52 AM
MOTION for Preliminary Injunction filed by Dustin Parker. Motion returnable before Judge Brenda K. Sannes, MOTION for Temporary Restraining Order by Dustin Parker. (mmg). |
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Att: 1
Memorandum of Law in Support,
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Att: 2
Declaration of Daniel J. Hurteau,
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Att: 3
Exhibit A: Deed to Montezuma Property,
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Att: 4
Exhibit B: Decision and Order Date May 5, 2024,
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Att: 5
Exhibit C. Signed Writ of Execution,
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Att: 6
Exhibit D: Notice of Total Banishment
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| 1 | 1
cmp
Complaint
Thu 07/18 11:34 AM
Petition For Writ of Habeas Corpus against Michael Barringer, Jonathan Dekanski, Joseph E. Fahey, Clint Halftown, Donald Jimerson, Timothy Twoguns, Gary Wheeler (Filing fee $405 receipt number 27G5V912) filed by Dustin Parker.. (mmg). Modified on 7/18/2024 to update docket text to read this is a Petition for Writ of Habeas Corpus (mmg) . |
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Att: 1
Exhibit A: Engagement Agreement for Tribal Court Judges,
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Att: 2
Exhibit B: Business Ordinance,
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Att: 3
Exhibit C: Subrelease for First Premises,
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Att: 4
Exhibit D: Letter from Council Denying Application,
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Att: 5
Exhibit E: Banishment Ordinance,
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Att: 6
Exhibit F: Notice of Potential Banishment,
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Att: 7
Exhibit G: Notice of Total Banishment,
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Att: 8
Exhibit H: Deed to Montezuma Property,
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Att: 9
Exhibit I: Tribal Court Decision,
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Att: 10
Exhibit J: Signed Writ,
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Att: 11
Exhibit K: Objection Letter,
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Att: 12
Exhibit L: Fourth Department Decisions and Orders,
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Att: 13
Exhibit M: Decision and Order Dated 4/7/2023,
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Att: 14
Exhibit N: Deicision and Order Denying Petition for a Writ of Heabeas Corpus,
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Att: 15
Civil Cover Sheet
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