Smith et al v. Fisher et al
| New York Northern District Court | |
| Judge: | Mae A D'Agostino |
| Referred: | Daniel J Stewart |
| Case #: | 1:25-cv-00199 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:2201 Constitutionality of State Statute(s) |
| Case Filed: | Feb 11, 2025 |
| Last checked: Wednesday Feb 12, 2025 11:05 AM EST |
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Defendant
Lisa Fisher
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Defendant
Robert Mayberger
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Defendant
Heather Corey Mongue
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Defendant
Denise Resta-Tobin
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Defendant
Vincent W. Versaci
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Defendant
Jessica Vinson
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Plaintiff
Jennifer L. Dees
16 Grant Hill Rd
Clifton Park, NY 12065 |
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Plaintiff
Ethan D. Smith
16 Grant Hill Rd
Clifton Park, NY 12065 |
| Docket last updated: 02/21/2025 11:59 PM EST |
| Thursday, February 20, 2025 | ||
| 13 | 13
motion
Letter Request/Motion
Fri 02/21 11:17 AM
Letter Motion with Exhibits from Ethan D. Smith and Jennifer Dees requesting Urgent Matter Requiring Immediate Federal Intervention, submitted to Judge Mae A. D'Agostino. Filed via MFT on 2/20/2025. (ham) |
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| Wednesday, February 19, 2025 | ||
| 12 | 12
order
Order on Motion for TRO
Wed 02/19 8:03 PM
TEXT ORDER denying request for temporary restraining order. Plaintiffs commenced this action on February 11, 2025, asserting various federal constitutional and statutory claims against Defendants. See Dkt. No. 1. Plaintiffs claims relate to past and ongoing state court matters and the named Defendants are two state court judges, the Chief Clerk of the Third Department, and three lawyers who were assigned to represent Plaintiffs or their children in the underlying state court proceedings. See id. Along with their complaint, Plaintiffs have moved for an ex parte temporary restraining order. See Dkt. No. 4. Plaintiffs' request for a temporary restraining order is DENIED. As noted in Plaintiffs' complaint, this matter is related to a previous case Plaintiffs brought, which the Court dismissed for a variety of reasons. See Dees v. Zurlo, et al., No. 1:24-cv-1 (N.D.N.Y.). Specifically, the Court found that Plaintiffs' claims were barred by the Rooker-Feldman doctrine, Younger abstention, judicial immunity, and government attorney immunity. The Court also found that Plaintiffs' claims against the court-appointed attorneys were subject to dismissal because such attorneys are not state actors under 42 U.S.C. § 1983, and that the various other claims were subject to dismissal for failure to state a claim. Here, Plaintiffs are again asking this Court to intervene in an on-going state court proceeding, and have brought suit against individuals who are immune from suit. A review of Plaintiffs' complaint makes clear that they are unlikely to succeed on the merits of any of their claims and, therefore, the Court declines to grant an ex parte temporary restraining order. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 02/19/25. (Copy served via regular mail upon plaintiffs)(ban) |
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| Thursday, February 13, 2025 | ||
| 11 | 11
motion
Letter Request/Motion
Fri 02/14 9:00 AM
Letter Motion from Jennifer L. Dees and Ethan D. Smith requesting Service of Process by U.S. Marshals, submitted to Judge Daniel J. Stewart. Filed via MFT on 2/13/2025. (ham) |
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| 10 | 10
motion
Pro Se Motion for Permission to File Electronically in ECF
Thu 02/13 4:32 PM
Pro Se MOTION for Permission to File Electronically in ECF filed by Ethan D. Smith filed via MFT on 2/13/2025. Motions referred to Daniel J. Stewart. (ham) |
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| 9 | 9
motion
Pro Se Motion for Permission to File Electronically in ECF
Thu 02/13 4:32 PM
Pro Se MOTION for Permission to File Electronically in ECF filed by Jennifer L. Dees filed via MFT on 2/13/2025. Motions referred to Daniel J. Stewart. (ham) |
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| 8 | 8
order
Order on Notice of Potential Related Case
Thu 02/13 12:50 PM
TEXT ORDER granting Direct Assignment. The cases 1:25-cv-199 MAD/DJS are deemed related to 1:24-cv-1 MAD/DJS. Signed by U.S. District Judge Mae A. D'Agostino on 02/13/25. (ban) Modified on 2/13/2025 - copy mailed to plaintiffs (ban) |
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| Wednesday, February 12, 2025 | ||
| 7 | 7
notice
Notice Regarding Judge D'Agostino Case Disposition Pilot (Text-Only)
Wed 02/12 9:44 AM
TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf . (ham) |
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| 6 | 6
misc
G.O. 25 Filing Order
Wed 02/12 9:43 AM
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/13/2025 11:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/6/2025. (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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| 5 | 5
service
Summons Issued
Wed 02/12 9:42 AM
Summons Issued as to Lisa Fisher, Robert Mayberger, Heather Corey Mongue, Denise Resta-Tobin, Vincent W. Versaci, and Jessica Vinson. (ham) |
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motion
Notice of Potential Related Case for Judicial Review
Wed 02/12 9:44 AM
TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 1:24-cv-1. (ham) |
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| Tuesday, February 11, 2025 | ||
| 4 | 4
motion
Temporary Restraining Order
Wed 02/12 9:42 AM
PROPOSED ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION & TRO filed by Jennifer L. Dees, and Ethan D. Smith via MFT on 2/11/25.(ham) |
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| 3 | 3
notice
Notice - Other
Wed 02/12 9:05 AM
NOTICE of related cases filed by Jennifer L. Dees, and Ethan D. Smith re1 Complaint, filed via MFT on 2/11/2025. (ham) |
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| 2 | 2
notice
Notice - Other
Wed 02/12 9:04 AM
COVER LETTER filed by Jennifer L. Dees, and Ethan D. Smith re1 Complaint, filed via MFT on 2/11/2025. (ham) |
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| 1 | 1
cmp
Complaint
Wed 02/12 9:02 AM
COMPLAINT-REQUEST FOR EMERGENCY TEMPORARY RESTRAINING ORDER UNDER FEDERAL RULE OF CIVIL PROCEDURE 65(B) against Lisa Fisher, Robert Mayberger, Heather Corey Mongue, Denise Resta-Tobin, Vincent W. Versaci, and Jessica Vinson (Filing fee $405 receipt number 27LJOTLB) filed by Jennifer L. Dees, and Ethan D. Smith. Filed via MFT on 2/11/2025. (ham) |
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Att: 1
Exhibit 1 - Oral Arguments Requested Verified Petition,
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Att: 2
Exhibit 2 - Letter,
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Att: 3
Exhibit 3 - Affirmation in Support of Emergency TRO,
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Att: 4
Exhibit 4 - Email,
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Att: 5
Exhibit 5 - Supreme Court County of Saratoga Transcript,
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Att: 6
Exhibit 6 - Email 2,
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Att: 7
Exhibit 7 - Proposed Temporary Order,
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Att: 8
Exhibit 8 - Order of Suspension or Revocation,
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Att: 9
Exhibit 9 - Order of Supsension or Revocation 2,
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Att: 10
Exhibit 10 - Child Support Bill,
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Att: 11
Civil Cover Sheet
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