Children First-Form C With Attachments

8/3/2019 Children First-Form C With Attachments

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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUITCIVIL APPEAL PRE-ARGUMENT STATEMENT (FORM C)1. SEE NOTICE ON REVERSE. 2. PLEASE TYPE OR PRINT. 3. STAPLE ALL ADDITIONAL PAGES

Case Caption: District Court or Agency: Judge:THE CHILDREN FIRST FOUNDATION, McCurnDNYINC.,

Plaintiff, Date the Order or Judgment Appealed District Court Docket No.:- v . ~ from was Entered on the Docket:

04-CV-927AYMOND P. MARTINEZ, individually, 11-8-11and BARBARA J. FIALA, in her officialcapacity as Commissioner of the New YorkState Department of Motor Vehicles,' Date the Notice of Appeal was Filed: Is this a Cross Appeal?Defendants. 12-7-11 [ Y e s [Z]No

Counsel's Name: Address: Telephone No.: Fax No.: E-mail:Appellant(s):Attorney(s) for Zainab A. O1auclhry , NYS Office ofthe Attorney GeneralUlaint i f f The Capitol (5.18) 474-3429 (518) 473-8963

:l]Defendant Albany, NY 12224 [email protected](s) for Counsel 's Name: Address: Telephone No.: Fax No.: E ~ m a i l : Appellee(s): Jeffrey Shafer, Alliance Defense Fund,

[Z]Plaintiff 801 G St., NW, Suite 509, 202-393-8690 202-347-3622.DDefendant Washington, DC 20001 [email protected]

Has Transcript Approx. Number of Number of Has this matter been before this Circuit previously? [l]Yes D NoBeen Prepared? Transcript EJiliibitsPages: Appended to If Yes, provide the following:No Transcript:None Case Name: C.F.F., Inc. and Rex v. Martinez, et al.None2d Cir. Docket No.: Reporter Citation: (Le., F.3d or Fed. App.)05-0567-cv 05-1979-cv

ADDENDUM "A": COUNSEL MUST ATTACH TO THIS FORM: (1) A BRIEF, BUT NOT PERFUNCTORY; DESCRIPTION OF THENATURE OF THE ACTION; (2) THE RESULT BELOW; (3) A COpy OF THE NOTICE OF APPEAL AND A CURRENT COpy OFTHE LOWER COURT DOCKET SHEET; AND (4) A COPY OF ALL RELEVANT OPINIONS/ORDERS FORMING THE BASIS FORTHIS APPEAL, INCLUDING TRANSCRIPTS OF ORDERS ISSUED FROM THE BENCH OR IN CHAMBERS.

ADDENDUM "B": COUNSEL MUST ATTACH TO THIS FORM A LIST OF THE ISSUES PROPOSED TO BE RAISED ON APPEAL,AS WELL AS THE APPLICABLE APPELLATE STANDARD OF REVIEW FOR EACH PROPOSED ISSUE.PART A: JURISDICTION

I. Federal Jurisdiction 2. Appellate JurisdictionD u.s. a party D Diversity [{ ] Final Decision D Order C e r t i f i ~ d by District Judge (Le.,[ l ] Federal question(U .S. not a party) D Other (specify): D Interlocutory DecisionAppealable As of Right Fed. R. Civ. P. 54(bD Other (specify):

IMPORTANT. COMPLETE AND SIGN REVERSE SIDE OF THIS FORM.


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...~ ' - '

PARTB: DISTRICT COURT DISPOSITION (Check as many as apply)

I. Stage of ProceedingsDDDDD

2. Type of Judgment/Order Appealed 3. ReliefDefault judgment ,- D Damages:" - Dismissal/other jurisdictionDismissallFRCP 12(b)(l) - Dismissal/merit 8ack of subj. matter juris. 7 Judgment / Decision of the Court Sought: $- - -DismissallFRCP 12(b)(6) Summary judgment Granted: $ - - failure to state a claim I- Declaratory judgment D Denied: $--Dismissall28 U.S.c. 1915(e)(2) :. Jury verdictfrivolous complaint = Judgment NOVDismissall28 U.S.C. 1915(e)(2) 8Directed verdictother dismissal Other (specify):

D Injunctions:BreliminaryPermanentD Denied Pre-trialDuring trialAfter trialI

I. Federal Statutes- -- Antitrust I- Communications- Bankruptcy - Consumer Protection- Banks/Banking - Copyright D Patent- Civil Rights - Trademark- Commerce, - Election- Energy _ Soc. Security7 Commodities ,..... EnvironmentalOther (specify): First Amendment"" 5. OtherForfeiture/PenaltyReal Prop ertyTreaty (specify):D Other (specify):

PARTC: NATURE OF SUIT (Check as many as apply)2. Torts 3. Contracts 4. Prisoner Petitions

D Admiralty/ D Admiralty/ DFreedom of Information Act Civil RightsImmigration Maritime Maritime Habeas CorpusLabor DAssault/ ,ubi.,'o. MandamusOSHA ~ ~ ~ ' ~ Commercial ParoleSecurities Employment Vacate SentenceTax Products Liability Insurance D OtherOther (Specify): Negotiable[j'strumentsOther Specify

6. General 7. Will appeal raise constitutional issue(s)?I- Arbitration o Yes D No/ Attorney Disqualificationr - Class Action Will appeal raise a matter of firstI- Counsel Fees impression"I- Shareholder Derivative o Yes D- Transfer No

I. Is any matter relative to this appeal still pending below? D Yes, specify: 0N o2. To your knowledge, is there any case presently pending or about to be brought before this Court or another court or administrative agencywhich:

(A) Arises from substantially the same case or controversy as this appeal? DYes [ l INo

J h J : ) ~ V O ~ ~ t ( ~ u ~ s ( : ~ ~ Y / f i u t ~ t e d t ~ f t 7 a ~ ~ s 7 : t ~ +RL?:s:We.5 - u n ~ ~ W I 1 I f"'-f\tlfyes, state w l i e ~ e r 0 "A," or 0 "B," or 0 both are applicable, an'ltrovide ti l the spaces below the following information on the other action(sYC J,(WCase Name: IDocketNo. ICitation: ICourt or Agency: 1e.vuName of Appellant:

Date: Signature of Counsel of R e c o r d ~ - - l ' ~ \ . A 1 I \ . l " ' - - f ' J ' ~ ~NOTICE TO COUNSEL

Once you have fIled your Notice of Appeal with the District Court or the Tax Court, you have only 14 days in which to complete the followingimportant steps:

I. Complete this Civil Appeal Pre-Argument Statement (Form C); serve it upon all parties, and file it with the Clerk of the Second Circuit inaccordance with LR 25.1.2. File the Court of Appeals Transcript Information/Civil Appeal Form (Form D) with the Clerk of the Second Circuit in accordance with LR 25.1.3. Pay the$455 docketing fee to the United States District Court or the $450 docketing fee to the United States Tax Court unless you are authorized toprosecute the appeal wit hout payment.

PLEASE NOTE: IF YOU DO NO T COMPLY WITH THESE REQUIREMENTS WITillN 14 DAYS, YOUR APPEAL WILL BEDISMISSED. SEE LOCAL RULE 12.1.


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Children First Foundation v. Martinez et ano.Docket No. 11-5199

ADDENDUM A1. This is an action alleging, inter alia, First Amendment violations in connectionwith plaintiffs application for a custom license plate containing the phrase"Choose Life."2. The District Court granted summary judgment in favor of plaintiffs on the alleged

First Amendment violation and granted summary judgment in favor of defendantMartinez on qualified immunity grounds.

3. Notice of Appeal and Docket Sheet are attached hereto.4. Memorandum, Decision and Order dated November 8, 2011 is attached hereto,

as is the Judgment dated November 9, 2011.


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Case 1:04-cv-00927-NPM-RFT Document 228 Filed 12/07/11 Page 1 of 2

UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF NEW YORK

THE CHILDREN FIRST FOUNDATION, INC.,Plaintiff,

-against-RAYMOND P. MARTINEZ, individually, andBARBARA J. FIALA, in her official capacity asCommissioner of the New York State Department ofMotorVehicles,

NOTICE OF APPEAL

04-CV-927(NPM)(RFT)

Defendants.

Notice is hereby given that defendant Fiala hereby appeals to the United States Court ofAppeals for the Second Circuit from the Memorandum, Decision and Order in this action datedNovember 8, 20 I I, in its e ~ t i r e t y , and from any part thereof.

Dated: Syracuse, New YorkDecember 7, 20 I I

ERIC T. SCHNEIDERMANAttorney General of the State ofNew YorkAttorney for Defendant Fiala6 I5 Erie Boulevard West, Suite 102Syracuse, New York 13204-2465B Y : 1 l ~ g . ~ Senta B. SiudaAssistant Attorney General, ofCounselBar Roll No. 104416Telephone: (315) 448-4800


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Case 1:04-cv-00927-NPM-RFT Document 228 Filed 12/07/11 Page 2 of 2

To: Brian W. Raum, Esq. (via electronic filing)Attorney for PlaintiffAlliance Defense Fund15100 N. 90th StreetScottsdale, AZ 85260James Michael Johnson, Esq. (via electronic filing)Attorney for PlaintiffAlliance Defense Fund401 Market St.Suite 900Shreveport, LA 7110 IJeffrey A. Shafer, Esq. (via electronic filing)Attorney for PlaintiffAlliance Defense Fund801 G St. NWSuite 509Washington, DC 2000 IJames P. Trainor, Esq. (via electronic filing)Attorney for PlaintiffTrainor & Cutler, LLP2 Memphis PlaceSuite 153Malta, New York 12020Mark 1. McCarthy, Esq. (via electronic filing)Attorney for Defendant MartinezHarris, Beach, PLLC677 BroadwaySuite 1101Albany, NY 12207


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Case 1:04-cv-00927-NPM-RFT Document 228-1 Filed 12/07/11 Page 1 of2

UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF NEW YORK

THE CHILDREN FIRST FOUNDAnON, INC.,Plaintiff, CERTIFICATE OF

-against- SERVICERAYMOND P. MARTINEZ, individually, and 04-CV-927BARBARA J. FIALA, in her official capacity asCommissioner of the New York State Department of Motor (NPM)(RFT)Vehicles,

Defendants.

I hereby certifY that on December 7, 2011, I electronically filed the following document:NOTICE OF APPEAL with the Clerk of the District Court using the CM/ECF system, whichsent notification of such filing to the following:

1. Brian W. Raum, Esq.2. James M. Johnson, Esq.3. Jeffrey A. Shafer, Esq.4. James P. Trainor, Esq.5. Mark J. McCarthy, Esq.


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Case 1:04-cv-00927-NPM-RFT Document 228-1 Filed 12/07/11 Page 2 of 2

Dated: Syracuse, New YorkDecember 7,2011

ERIC T. SCHNEIDERMANAttorney General of the State ofNew YorkAttorney for Defendant Fiala615 Erie Boulevard West, Suite 102Syracuse, New York 13204-2465B Y : 1 / ~ g . ~ Senta B. SiudaAssistant Attorney General, of CounselBar Roll No. 104416Telephone: (315) 448-4800


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CMIECF LIVE - U.S. District Court.- NYND Page 1 of 36

APPEAL, CLOSEDu.s. District CourtNorthern District ofNew York - Main Office (Syracuse) [LIVE - Version 4.2] (Albany)CIVIL DOCKET FOR CASE #: 1:04-cv-00927-NPM-RFT

The Children First Foundation, Inc. et al v. Martinez et al Date Filed: 08/04/2004Assigned to: Senior Judge Neal P. McCum Date T ~ r m i n a t e d : 1110912011Referred to: Magistrate Judge Randolph F. Treece Jury Demand: BothCase in other court: SCCA,05-00567-cv Nature of Suit: 440 Civil Rights: OtherCause: 42:1983 Civil Rights Act Jurisdiction: Federal QuestionPlaintiffChildren First Foundation, Inc. represented by Brian W. RaumAlliance Defense Fund - AZ Office15100 N. 90th StreetScottsdale, AZ 85260480-388-8140Fax: 480-444-0028Email: [email protected]

LEAD ATTORNEYATTORNEY TO BE NOTICED

James Michael JohnsonAlliance Defense Fund - Shreveport LAOfficeP.O. Box 52954Shreveport, LA 71135318-603-1435Fax: 318-603-1437Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

James P. TrainorCutler, Trainor Law Firm2 Hemphill Place, Suite 153Malta, NY 12020518-899-9200Fax: 518-899-9300Email: [email protected] TO BE NOTICED

Jeffrey A. ShaferAlliance Defense Fund - DC Office801 G Street NWSuite 509Washington, DC 20001

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CM/ECF LIVE - U.S. District Court - NYND Page 2 of36

PlaintiffElizabeth RexDr.TERMINATED: 0810612007

PlaintiffElizabeth RexTERMINATED: 0810612007

V.DefendantRaymond P. MartinezindividuallyTERMINATED: 1110812011

202-393-8690Fax: 202-347-3622Email: [email protected] TO BE NOTICED

represented by Brian W. Raum(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICEDJames Michael Johnson(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICEDJeffrey A. Shafer(See above for address)ATTORNEY TO BE NOTICED

represented by Krista A. RockNew York State Attorney General Albany OfficeThe CapitolAlbany, NY 12224518-474-3602Fax: 518-473-1572Email: [email protected]: 0810612007LEAD ATTORNEYDavid M. FinkelsteinNew York State Attorney General Albany OfficeThe CapitolAlbany, NY 12224518-402-4579Fax: 518-473-1572Email: [email protected]: 0810612007Kate H. Nepveu

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DefendantJill A. DunnindividuallyTERMINATED: 04/24/2009

New York State Attorney General-Albany OfficeThe CapitolAlbany, NY 12224518-474-7201 (Main)Fax: 518-473-8963Email: [email protected]: 04/13/2007Mark J. McCarthyHarris, Beach Law Firm - Albany Office677 BroadwaySuite 1101Albany, NY 12207518-427-9700Email:[email protected] ITORNEY TO BE NOTICEDMichael G. McCartinOffice ofAttorney General - AlbanyThe CapitolAlbany, NY 12224518-474-8370 (Main)Fax: 518-473-1572Email: [email protected]: 08/06/2007Nancy G. GroenwegenNew York State Department ofCivilServiceState Campus, Building #1Albany, NY 12239518-457-2487Email: [email protected]: 04/13/2007

represented by Krista A. Rock(See above for address)TERMINATED: 08/06/2007LEADAITORNEY

Linda J. ClarkHiscock, Barclay Law Firm - AlbanyOffice80 State StreetAlbany, NY 12207518-434-2163

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Fax: 518-427-3498Email: [email protected] ATTORNEYATTORNEY TO BE NOTICEDDavid M. CostHiscock, Barclay Law Firm - AlbanyOffice80 State StreetAlbany, NY 12207518-429-4286Fax: 518-533-2913Email: [email protected] TO BE NOTICEDDavid M. Finkelstein(See above for address)TERMINATED: 08/06/2007Kate H. Nepveu(See above for address)TERMINATED: 04/13/2007Michael J. GrygielGreenberg, Traurig Law Firm - AlbanyOffice54 State Street6th FloorAlbany, NY 12207518-689-1406Fax: 518-677-1861Email: [email protected] TO BE NOTICEDMichael G. McCartin(See above for address)TERMINATED: 08/06/2007Nancy G. Groenwegen(See above for address)TERMINATED: 04/13/2007Defendant

David A. Paterson represented by Senta B. Siudain his official capacity as Governor of Office of Attorney General - Syracusethe State ofNew York OfficeTERMINATED: 04/24/2009 615 Erie Boulevard WestSuite 102Syracuse, NY 13204-2455315-448-4800

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CMIECF LIVE - U.S. District Court - NYND Page 5 of36.

Fax: 315-448-4853Email: [email protected] ATTORNEYATTORNEY TO BE NOTICEDKate H. Nepveu(See above for address)TERMINATED: 04/13/2007Nancy G. Groenwegen(See above for address)TERMINATED: 04/13/2007

DefendantGeorge E. Pataki represented by Krista A. Rockindividually (See above for address)TERMINATED: 04/24/2009 TERMINATED: 08/06/2007

LEAD ATTORNEYLaura M. MidwoodHoguet, Newman Law Firm10 East 40th StreetNew York, NY 10016212-689-8808Fax: 212-689-5101Email: [email protected]: 03/12/2009LEAD ATTORNEYElizabeth Anne MusellaHoguet, Newman Law Firm10 East 40th StreetNew York, NY 10016212-689-8808Fax: 212-689-5101Email: [email protected]: 03/12/2009Ira J. LiptonHoguet, Newman Law Firm10 East 40th StreetNew York, NY 10016212-689-8808Fax: 212-689-5101Email: [email protected] TO BE NOTICEDJuan A SkirrowHoguet, Newman Law Firm10 East 40th Street

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CMIECF LIVE - U.S. District Court - NYND Page 6 of36

DefendantNeal Schoenin his official capacity as DeputyCommissioner and Counsel to the NewYork State Department ofMotorVehiclesTERMINATED: 04/24/2009DefendantBarbara J. Fialaformerly known asDavid 1. Swartz

New York, NY 10016212-689-8808Fax: 212-689-5101Email: [email protected] TO BE NOTICEDKate H. Nepveu(See above for address)TERMINA TED: 04/13/2007Nancy G. Groenwegen(See above for address)TERMINATED: 04/13/2007

represented by Senta B. Siuda(See above for address)LEADATTORNEYATTORNEYTO BE NOTICED

represented by Senta B. Siuda(See above for address)LEAD ATTORNEYATTORNEYTO BE NOTICED

Date Filed # Docket Text08/0412004 1 COMPLAINT with Appendix #s 1 thru 3, against Jill A. Dunn, Raymond P.Martinez, George E. Pataki, Eliot Spitzer ( Filing fee $ 150 receipt number75199.), filed by Elizabeth Rex, The Children First Foundation, Inc..(Attachments: # 1 Appendix, #s 4 thru 18)(wb1, ) (Entered: 08/1 012004)08/0412004 Summons Issued as to Jill A. Dunn, Raymond P. Martinez, George E. Pataki,Eliot Spitzer. (wbl, ) (Entered: 08/1 012004)08/0412004 2 G.O. 25 FILING ORDER ISSUED Initial Conference set for 12/112004 10:00AM in Albany before Magistrate Judge Randolph F. Treece. Civil Case

Management Plan due by 1112212004. (wbl,) (Entered: 08/1012004)09/1612004 1 Letter for Jill A. Dunn, Raymond P. Martinez, George E. Pataki, Eliot Spitzerrequesting that defendants' response to the Complaint be due 11/15/04.(Nepveu, Kate) (Entered: 09/1612004)09/16/2004 '1 REQUEST & ORDER, Answer due date updated for Jill A. Dunn, answerdue 11/1512004; Raymond P. Martinez, answer due 11/1512004; George E.Pataki, answer due 11/1512004; Eliot Spitzer, answer due 11/1512004. Signed

by Judge Randolph F. Treece on 9/16/04. (wjg,) (Entered: 09/18/2004)

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CM/ECF LIVE - U.S. District Court - NYND Page 70f36

11/09/2004 Letter for Jill A. Dunn, Raymond P. Martinez, George E. Pataki, Eliot Spitzerrequesting permission to file a memorandum of law in support of defendants'forthcoming motion to dismiss of not more than thirty pages. (Nepveu, Kate)(Entered: 11/09/2004)11/09/2004 2 Letter/ request and ORDER; counsel request to file a brief not to exceed 30

pages in support of defts. motion; So Ordered. Signed by Judge Neal P.MeCum on 11/9/04. (kc1, ) (Entered: 11/16/2004)11/10/2004 Q NOTICE of the Court re 2 G.O. 25 Filing Order, adjourning rule 16conference without date pending filing ofDispositive Motion (tab) (Entered:11/10/2004)11/15/2004 1 MOTION to Dismiss Motion Hearing set for 12/28/2004 09:30 AM inSyracuse before Senior Judge Neal P. MeCum. Response to Motion due by12/13/2004 Reply to Response to Motion due by 12/17/2004. by Jill A. Dunn,Raymond P. Martinez, George E. Pataki, Eliot Spitzer. (Attachments: # 1Cover letter# 2 Memorandum ofLaw # .3. Appendix # 1. Appendix)(Nepveu,

Kate) (Entered: 11/15/2004)11/15/2004 CERTIFICATE OF SERVICE by Jill A. Dunn, Raymond P. Martinez,George E. Pataki, Eliot Spitzer re 1 MOTION to Dismiss (Nepveu, Kate)(Entered: 11/15/2004)11/16/2004 10 LETTER ORDER: setting Hearing on Motion, Re: 1 MOTION to Dismiss,Motion Hearing set for 12/29/2004 at 2:00 PM in Syracuse before SeniorJudge Neal P. MeCum. The Court requests that a courtesy paper copy of allfuture documents e-filed in this matter be sent to the Court for Chambers use.Gmb) (Entered: 11/18/2004)11/22/2004 11 SCHEDULING NOTICE: Re: 1 MOTION to Dismiss: Motion Hearing resetto 1/4/2005 at 11 :00 AM in Syracuse before Senior Judge Neal P. MeCum.Gmb) (Entered: 11/29/2004)11/24/2004 12 REQUEST & ORDER: Re: 11 Scheduling Notice, the parties request that thedeadline for the response and reply be extended as to the 1 MOTION toDismiss: request granted. Response to Motion deadline reset to 12/20/2004.Reply to Response to Motion deadline reset to 12/28/2004. Motion Hearing isset for 1/4/2005 at 11 :00 AM in Syracuse before Senior Judge Neal P.MeCum. Gmb) (Entered: 11/29/2004)12/20/2004 U RESPONSE in Opposition re 1 MOTION to Dismiss Complaint filed by TheChildren First Foundation. (Attachments: # 1 Certificate of Service)(Raum,

Brian) (Entered: 12/20/2004)12/28/2004 14 REPLY to Response to Motion re 1 MOTION to Dismiss filed by Jill A.Dunn, Raymond P. Martinez, George E. Pataki, Eliot Spitzer. (Attachments: #1 Cover Letter# 2 unpublished case)(Nepveu, Kate) (Entered: 12/28/2004)12/28/2004 U CERTIFICATE OF SERVICE by Jill A. Dunn, Raymond P. Martinez,George E. Pataki, Eliot Spitzer re 14 Reply to Response to Motion (Nepveu,Kate) (Entered: 12/28/2004)01/04/2005 16 Minute Entry for proceedings held before Judge Neal P. MeCum: Motion

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CMlECF LIVE - U.S. District Court - NYND Page 8 of36

12/7/2011

Hearing held on 1/412005 re 1MOTION to Dismiss filed by George E.Pataki, et al; Motion dismissed in part, Denied in part; Discovery due by5/412005. Motions to be filed by 6/1512005. Case will be deemed trial ready8/2005, Court will issue a pretrial scheduling order re: the same; Defts. to filetheir answer by 2/1/05(Court Reporter Eileen McDonough) (kcl, ) (Entered:01/05/2005)0111012005 17 TRANSCRIPT OF MOTION HEARING: held on January 4, 2005 beforeJudge Neal P. MeCum. Court Reporter: Eileen McDonough. {Document notavailable for electronic view} Gmb) (Entered: 01/11/2005)01/1912005 I I MOTION for Reconsideration re 16 Motion Hearing" Set Scheduling OrderDeadlines" Set Trial Management Order Deadlines, Motion Hearing set for2/22/2005 10:00 AM in Syracuse before Senior Judge Neal P. MeCum.Response to Motion due by 2/712005 Reply to Response to Motion due by2/11/2005. by Raymond P. Martinez, Jill A. Dunn, Eliot Spitzer, George E.Pataki. (Attachments: # 1 Declaration # 2 Exhibit(s) A to Nepveu Decl.# lMemorandum of Law)(Nepveu, Kate) (Entered: 01/1912005)01/1912005 19 CERTIFICATE OF SERVICE by Raymond P. Martinez, Jill A. Dunn, EliotSpitzer, George E. Pataki re I I MOTION for Reconsideration re 16 MotionHearing" Set Scheduling Order Deadlines" Set Trial Management OrderDeadlines, (Nepveu, Kate) (Entered: 01/19/2005)01120/2005 20 CERTIFICATE OF SERVICE by Raymond P. Martinez, Jill A. Dunn, EliotSpitzer, George E. Pataki re I I MOTION for Reconsideration re 16 MotionHearing" Set Scheduling Order Deadlines" Set Trial Management OrderDeadlines, on J Michael Johnson by mail (Nepveu, Kate) (Entered:0112012005)02/0112005 21 ANSWER to Complaint with Jury Demand by Raymond P. Martinez, Jill A.Dunn, Eliot Spitzer, George E. Pataki.(Nepveu, Kate) (Entered: 02/01/2005)02/0212005 22 CERTIFICATE OF SERVICE by Raymond P. Martinez, Jill A. Dunn, EliotSpitzer, George E. Pataki re 21 Answer to Complaint (Nepveu, Kate)(Entered: 02/0212005)02/0212005 23 NOTICE OF APPEAL from the decision and order in this action announcedfrom the bench on January 4, 2005, the minutes ofwhich were entered onJanuary 5, 2005 by Raymond P. Martinez, Jill A. Dunn, Eliot Spitzer, George

E. Pataki. (Nepveu, Kate) (Entered: 02/0212005)02/0312005 Appeal Filing fee Paid: $ 255.00, receipt number ALB000461 (ban) (Entered:

02/0312005)02/0312005 24 ELECTRONIC NOTICE sent to US Court ofAppeals re 23 Notice ofAppeal(tab) (Entered: 02/0312005)02/07/2005 25 RESPONSE in Opposition re I I MOTION for Reconsideration re 16 MotionHearing" Set Scheduling Order Deadlines" Set Trial Management OrderDeadlines, Memorandum ofLaw in Opposition to Defendants' Motion toReconsider filed by The Children First Foundation. (Raum, Brian) (Entered:02/07/2005)

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CM/ECF LIVE - U.S. District Court - NYND Page 90f36

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02/11/2005 26 REPLY to Response to Motion re l i MOTION for Reconsideration re 16Motion Hearing" Set Scheduling Order Deadlines" Set Trial ManagementOrder Deadlines, filed by Raymond P. Martinez, Jill A. Dunn, Eliot Spitzer,George E. Pataki. (Nepveu, Kate) (Entered: 02/11/2005)02/15/2005 27 Letter for Raymond P. Martinez, Jill A. Dunn, Eliot Spitzer, George E. Pataki

requesting a stay of discovery while defendants' motion for reconsideration ispending. (Nepveu, Kate) (Entered: 02/15/2005)02/18/2005 28 ORDER: granting # 27 Letter Request filed by George E. Pataki, EliotSpitzer, Raymond P. Martinez, Jill A. Dunn, to Stay discovery until the # l imotion for reconsideration has been resolved. Signed by Judge Neal P.McCum on 2/18/05. (jmb) (Entered: 02/18/2005)03/02/2005 29 USCA Scheduling Order as to 23 Notice of Appeal filed by George E.Pataki" Eliot Spitzer" Raymond P. Martinez" Jill A. Dunn,. USCA Case No.05-0567-cv. Appealed to: SCCA. Appeal Index to the Record due by3/25/2005. (tab) (Entered: 03/03/2005)03/03/2005 30 ELECTRONIC CERTIFICATION toUS Court of Appeals of Record onAppeal re 23 Notice of Appeal (tab) (Entered: 03/03/2005)03/14/2005 11 MEMORANDUM-DECISION & ORDER: denying the # l i Motion forReconsideration, and further the Court Orders that the Stay that was grantedon 2/18/05 be lifted. Signed by Judge Neal P. McCum on 3/14/05. (jmb)(Entered: 03/15/2005)04/05/2005 32 NOTICE OF APPEAL as to 11 Order on Motion for Reconsideration byRaymond P. Martinez, Jill A. Dunn, Eliot Spitzer, George E. Pataki. (Nepveu,Kate) (Entered: 04/05/2005)04/05/2005 Appeal Filing fee: $ 255.00, receipt number ALB000927 (wbl, ) (Entered:04/05/2005)04/25/2005 33 ELECTRONIC NOTICE sent to US Court of Appeals re 32 Notice ofAppeal, 23 Notice of Appeal (tab) (Entered: 04/25/2005)08/10/2005 34 ORDER Vacating document 16 in so far as it sets forth a timetable forDiscovery. A new scheduling order for Discovery and Dispositive motions, ifany, will be issued by the Court following consideration and determination bythe Second Circuit; Signed by Judge Neal P. McCum on 8/10/05. (kcl,)(Entered: 08/11/2005)03/30/2006 35 MANDATE of USCA that the appeal from the judgment of the district courtis dismissed as to 32 Notice of Appeal filed by George E. Pataki" EliotSpitzer" Raymond P. Martinez" Jill A. Dunn" 23 Notice of Appeal filed byGeorge E. Pataki" Eliot Spitzer" Raymond P. Martinez" Jill A. Dunn. (wjg, )(Entered: 03/31/2006)04/24/2006 36 NOTICE of Appearance by Nancy G. Groenwegen on behalf of Raymond P.Martinez, Jill A. Dunn, Eliot Spitzer, George E. Pataki (Groenwegen, Nancy)(Entered: 04/24/2006)04/24/2006 37 COURT OF APPEALS VERIFIED BILL OF COSTS by Children First


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Foundation, Inc. (tab) (Entered: 04/25/2006)NOTICE of Hearing: Initial Conference set for 5/31/200610:00 AM inAlbany before Magistrate Judge Randolph F. Treece. Civil Case ManagementPlan due by 5/22/2006. (tab) (Entered: 04/25/2006)NOTICE ofAppearance by Krista A. Rock on behalf of Raymond P.Martinez, Jill A. Dunn, Eliot Spitzer, George E. Pataki (Rock, Krista)(Entered: 05/09/2006)CERTIFICATE OF SERVICE by Raymond P. Martinez, Jill A. Dunn, EliotSpitzer, George E. Pataki re 39 Notice ofAppearance in substitution forNancy Groenwegen, Esq. and Kate Nepveu, Esq. (Rock, Krista) (Entered:05/09/2006)NOTICE ofAppearance by Jeffrey A. Shafer on behalfof Children FirstFoundation, Inc., Elizabeth Rex (Shafer, Jeffrey) (Entered: 05/11/2006)

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OS/22/2006 42 CIVIL CASE MANAGEMENT PLAN by Children First Foundation, Inc.,Raymond P. Martinez, Jill A. Dunn, Eliot Spitzer, George E. Pataki. (Rock,Krista) (Entered: OS/22/2006)NOTICE by Children First Foundation, Inc., Elizabeth Rex Notice ofServiceofPlaintiffs' Rule 26(a)(1) Initial Disclosures (Shafer, Jeffrey) (Entered:05/31/2006)Minute Entry for proceedings held before Judge Randolph F. Treece: InitialPretrial Conference held on 5/31/2006 (tab) (Entered: 06/06/2006)

05/31/2006 43

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06/05/2006 45 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial:3-5 days Gury trial). Preferred Trial Location: Albany, NY. Joinder ofPartiesdue by 8/31/2006. Amended Pleadings due by 8/31/2006. Discovery due by2/28/2007. Motions to be filed by 4/16/2007. Trial Ready Deadline is4/16/2007. Signed by Judge Randolph F. Treece on 6/5/06. (tab) (Entered:06/06/2006)Letter Motion from Jeffrey A. Shafer for Children First Foundation, Inc.,Elizabeth Rex requesting Extension ofTime to File Amended Complaintsubmitted to Judge Randolph F. Treece. (Shafer, Jeffrey) (Entered:08/31/2006) .TEXT ORDER granting 46 Plaintiffs Letter Request to extend the time to filea Motion to Amend Pleadings to September 8, 2006. A Motion to Amendcannot be served or filed without first conferring with the Defendants, and ifthere is no agreement between the parties that the parties must meet andconfer with the Court. No Motion can be filed without permission of theCourt. But if permission is granted, the Motion to Amended Pleadings shallbe due by 9/8/2006. The Court also wishes to advise the parties that it is notprudent to wait until the expiration date to seek an extension as they havedone here. Last minute requests may not be granted. SO ORDERED. Signedby Judge Randolph F. Treece on 8/31/06. (Treece, Randolph) (Entered:08/31/2006)STIPULAnON ofParties to File First Amended Complaint by Children First

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Foundation, Inc., Elizabeth Rex submitted to Judge Treece. (Shafer, Jeffrey)(Entered: 09/08/2006)09/08/2006 49 AMENDED COMPLAINT for Declaratory and Injunctive ReliefandDamages against all defendants filed by Children First Foundation, Inc.,Elizabeth Rex. (Attachments: # 1 Exhibit(s))(Shafer, Jeffrey) (Entered:

09/08/2006)09/08/2006 50 STIPULATION AND ORDER, Answer due date updated for Raymond P.Martinez answer due 10/11/2006; Jill A. Dunn answer due 10/11/2006; EliotSpitzer answer due 10/11/2006; George E. Pataki answer due 10/11/2006.Signed by Judge Randolph F. Treece on 9/8/06. (tab) (Entered: 09/11/2006)10/11/2006 51 ANSWER to Amended Complaint by Nancy Naples, Raymond P. Martinez,Jill A. Dunn, George E. Pataki.(Rock, Krista) (Entered: 10/11/2006)10/12/2006 52 CERTIFICATE OF SERVICE by Nancy Naples, Raymond P. Martinez, Jill

A. Dunn, George E. Pataki re 51 Answer to Amended Complaint (Rock,Krista) (Entered: 10/12/2006)12/29/2006 53 STIPULATION as to bifurcation, and as to deposition ofGovernor by NancyNaples, Children First Foundation, Inc., Raymond P. Martinez, Jill A. Dunn,George E. Pataki submitted to Judge Treece. (Shafer, Jeffrey) (Entered:12/29/2006)12/29/2006 54 TEXT NOTICE and ORDER by the Court. The parties have filed with theCourt a Stipulation seeking a stay of discovery of damages pending motionsfor summary judgment, permission to engage in discovery of damagesdepending on how and when the District Court and the Second Circuit rules,and, futher, there is an agreement not to depose Governor Pataki unless it isestablish that the Governor had first hand knowledge of the determination atissue in this case. Dkt. No. 53 Stipulation. Before the Court rejects theStipulation we will give the parties an opportunity to be heard. On its face,the Court is not inclined to accept a bifurcation of discovery stipulation butmay be inclined to accept the agreement not to depose Governor Pataki. It isthe Court's view that there is no reason to bifurcate the discovery of damages,even if it is convenient for the parties. The parties are directed to provideforthwith to this Court dates and times that they are available for a telephonicconference during the week ending January 5, 2007.(Treece, Randolph)(Entered: 12/29/2006)12/29/2006 55 Letter Motion from Michael McCartin for Nancy Naples, Raymond P.Martinez, Jill A. Dunn requesting Conf. Call Re Dkt. No. 54 submitted toJudge Treece. (McCartin, Michael) (Entered: 12/29/2006)01/03/2007 TEXT ORDER granting 55 Letter Request: A Telephone Conference ishereby set in this matter for 1/5/2007 at 10:30 AM before Magistrate JudgeRandolph F. Treece. The Court shall initiate the Conference Call. Signed byJudge Randolph F. Treece on 1/03/07.(rlh) (Entered: 01/03/2007)01/05/2007 Minute Entry for proceedings held before Judge Randolph F. Treece: JeffreySchaffer, Esq.; Brian Raurn, Esq.; Michael McCartin, Esq.; and Ira Lipton,Esq. - Telephone Discovery Hearing held on On the Record 1/5/2007; Order


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to be issued. (CRD Hinman) (rzh, ) (Entered: 01/05/2007)01/05/2007 56 STIPULATION/ORDER. Signed by Judge Randolph F. Treece on 1/5/07.(ban) (Entered: 01/08/2007)01/26/2007 57 Letter Motion from Brian W. Raum for Children First Foundation, Inc.requesting Telephone Conference submitted to Judge Treece. (Raum, Brian)(Entered: 01/26/2007)01/26/2007 58 TEXT ORDER: Plaintiffs Letter Request, 57 , is granted. A telephoneconference was held on January 26, 2007. The Court discussed the matter setforth in Plaintiffs Letter. Based upon the conversation, Plaintiff is herebygiven permission to file a motion for sanctions. Signed by Judge Randolph F.Treece on 1/26/07. (sn) (Entered: 01/26/2007)01/26/2007 Minute Entry for proceedings held before Judge Randolph F. Treece: BrianRaum, Esq.; Michael McCartin, Esq.; Telephone Conference held on1/26/2007; order to be issued. (rzh, ) (Entered: 01/26/2007)01/31/2007 59 NOTICE of Appearance by Ira J. Lipton on behalf of George E. Pataki(Lipton, Ira) (Entered: 01/31/2007)02/22/2007 60 Joint Letter Motion from AAG Krista Rock on behalfof all parties forRaymond P. Martinez requesting that the discovery deadline be extendeduntil May 31, 2007, and that the dispositive motion deadline be extended untilJuly 16, 2007 submitted to Judge Treece. (Rock, Krista) (Entered:02/22/2007)02/22/2007 61 NOTICE of Appearance by Linda J. Clark on behalf of Jill A. Dunn (Clark,Linda) (Entered: 02/22/2007)02/23/2007 62 TEXT ORDER granting Dkt. No. 60 , ajoint Letter Request seeking toextend the discovery deadline to accommodate depositions of at least twelvewitnesses and parties. Inasmuch as this Order will be extending the discoveydeadline to permit solely these depositions, the Court's previous ruling thatany disagreement over "paper" discovery must be submitted to this Court onor before March 10,2007, or forever be waived, still stands. Dkt. No. 56. Wealso note that by the same order, discovery as to damages is stayed pendingthe resolution of any motion for summary judgment as to the issue of liability.Therefore, based upon the foregoing, it is hereby ordered that the amendedPretrial Scheduling Order is hereby amended, once again, but only for thepurpose of permitting depositions, as follows: (1) Discovery to be completedby 5/31/2007; (2) Final Date for Dispositive Motions shall be 7/16/2007; (3)

all other provisions of the Scheduling Order remain in effect. No furtherextensions will be considered. SO ODERED. Signed by Judge Randolph F.Treece on 2/22/07. (Treece, Randolph) (Entered: 02/23/2007)02/23/2007 63 Letter Motion from Linda J. Clark for Jill A. Dunn requesting Revisions toDiscovery Schedule submitted to Judge Randolph F. Treece. (Clark, Linda)(Entered: 02/23/2007)02/27/2007 TEXT NOTICE: Based upon the Letter Request submitted, Dkt. No. 63 , theCourt will conduct a telephone conference. All parties are to contact


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Chambers and provide dates and times they are available for a telephoneconference for the weeks of February 26 and March 5, 2007. If a party fails tocontact the Court, it will be assumed the party does not wish to participate.Signed by Judge Randolph F. Treece on 2/27/07. (sn) (Entered: 02/27/2007)02/27/2007 64 Letter Motion from L. Clark for Jill A. Dunn requesting sufficient time to

conduct document discovery and responding to Court's request for conferencedates submitted to Judge Treece. (Clark, Linda) (Entered: 02/27/2007)03/01/2007 TEXT NOTICE: Based upon Defendant Dunn's Letter Requests, 63 & 64 , atelephone conference has been scheduled for March 7,2007, at 3:30 p.m. Dueto the number of attorneys who will be participating, the Court asks Counselfor Defendant Dunn, Linda Clark, to initiate the conference call on thespecified date and time. Therefore, all counsels participating in the conferenceshould contact Attorney Clark with phone numbers at which they can bereached for the conference. Signed by Judge Randolph F. Treece on 3/1/07.(sn) (Entered: 03/01/2007)03/02/2007 65 NOTICE ofAppearance by Elizabeth Anne Musella on behalf of George E.Pataki (Musella, Elizabeth) (Entered: 03/02/2007)03/07/2007 Minute Entry for proceedings held before Judge Randolph F. Treece:Telephone Discovery Conference held on 3/7/2007 with appearances byBrian Raum for Plaintiffs, Krista Rock and Mike McCartin for DefendantsMartinez, Spitzer, and Naples, Linda Clark for Defendant Dunn, and IraLipton and Anne Musella for Defendant Pataki. Order to follow. 50 min. (sn)(Entered: 03/07/2007)03/07/2007 66 TEXT ORDER: A telephone conference was held on March 7, 2007, toaddress several issues. Based upon rulings made during the conference, it is

hereby Ordered that: (l) Defendant Dunn is permitted to file a Motion toAmend her answer. Said Motion shall be served and filed on or before March22, 2007. Opposition to Said Motion to Amend shall be served and filed on orbefore March 30, 2007. The Motion shall be on submit; (2) the last date toaddress discovery disputes by Motion shall be May 31,2007; 3) DefendantDunn is permitted to serve one last round of Demands for Interrogatories andProdcution which address solely the First Amendment; and (4) Plaintiff shallfile a Status Report on April 30, 2007. IT IS SO ORDERED. Signed by JudgeRandolph F. Treece on 3/7/07. (Treece, Randolph) (Entered: 03/07/2007)03/22/2007 67 MOTION to Amend/Correct Answer to Plaintiff's First Amended ComplaintMotion Hearing set for 4/5/200709:30 AM in Albany before MagistrateJudge Randolph F. Treece.,Response to Motion due by 3/19/2007 by Jill A.Dunn. (Attachments: # 1 Exhibit(s) Exhibit A# 2 Exhibit(s) Exhibit B# 1Exhibit(s) Exhibit C#:! Memorandum ofLaw Memorandum of Law inSupport of Defendant Jill A. Dunn's Motion for Leave to Amend Her Answerto the First Amended Complaint) Motions referred to Randolph F. Treece.(Clark, Linda) (Entered: 03/22/2007)03/22/2007 68 CERTIFICATE OF SERVICE by Jill A. Dunn re 67 MOTION toAmend/Correct Answer to Plaintiff's First Amended Complaint (Clark, Linda)(Entered: 03/22/2007)


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03/22/2007 69 NOTICE ofAppearance by Michael J. Grygiel on behalf of Jill A. Dunn(Grygiel, Michael) (Entered: 03/22/2007)03/23/2007 70 Letter Briefand Letter Motion from Michael McCartin for Nancy Naples,Raymond P. Martinez, Eliot Spitzer requesting a telephone conference withthe Court submitted to Judge Treece. (McCartin, Michael) (Entered:

03/23/2007)03/23/2007 Set/Reset Deadlines as to 67 MOTION to Amend/Correct Answer toPlaintif fs First Amended Complaint. In accordance with Judge Treece's Text

Order, dated 3/7/07 (Dkt. No. 66) a Response to Motion due by 3/30/2007.No Reply is authorized. The matter shall be taken on submit. (rlh) (Entered:03/23/2007)

03/26/2007 71 TEXT ORDER taking under advisement 70 Letter Request. All other partiesare to respond to State Defendants' Letter-Request with their respectiveLetter-Memorandum by March 27, 2007, at 3:00 p.m. Those responding donot have to provide case law - the court is familiar with the law - but shouldprovide a legal and factual discussion as to the issues raised by StateDefendants. Further, the parties are directed to provide the dates and timesduring the week ending March 30, 2007, for a telephone conference, and thetelephone number by which they can be reached. If more than four partieswill be participating in the telephone conference, the State Defendants will beresponsibile for setting up the telephone conference. SO ORDERED. Signedby Judge Randolph F. Treece on 3/26/07. (Treece, Randolph) (Entered:03/26/2007)

03/26/2007 72 LETTER BRIEF advising the Court that the State Defendants take noposition with respect to the motion by Hiscock & Barclay, LLP seeking leaveto file an Amended Answer to the First Amended Complaint on Ms. Dunnsbehalf(Dkt. No. 67) by Raymond P. Martinez, Jill A. Dunn, Eliot Spitzer.(Rock, Krista) (Entered: 03/26/2007)

03/26/2007 73 Letter Motion from Ira J. Lipton for George E. Pataki requesting Telephoneconference submitted to Judge Treecejoining requests by State defendants.(Lipton, Ira) (Entered: 03/26/2007)03/27/2007 74 LETTER BRIEF pursuant to Court's text order dated 3/26/07 (Dkt. #71) byJill A. Dunn. (Clark, Linda) (Entered: 03/27/2007)03/27/2007 75 RESPONSE in Opposition re 73 Letter Motion from Ira J. Lipton for GeorgeE. Pataki requesting Telephone conference submitted to Judge Treece joining

requests by State defendants, 70 Letter Briefand Letter Motion from MichaelMcCartin for Nancy Naples, Raymond P. Martinez, Eliot Spitzer requesting atelephone conference with the Court submitted to Judge Treece Opposition toMotion filed by Children First Foundation, Inc .. (Raum, Brian) (Entered:03/27/2007)03/28/2007 TEXT NOTICE: A telephone conference has been scheduled for March 30,2007, at 9:45 a.m. The Court will initiate the conference call. Signed by JudgeRandolph F. Treece on 3/28/07. (sn) (Entered: 03/28/2007)03/28/2007 76 Letter Motion from Linda J. Clark for Jill A. Dunn requesting in person


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appearance at March 30th conference submitted to Judge Randolph F. Treece.(Clark, Linda) (Entered: 03/28/2007)03/29/2007 77 ***STRICKEN, as per Text Order ofMagistrate Judge Treece***LETTERBRIEF in Reply by Nancy Naples, Raymond P. Martinez, Jill A. Dunn, Eliot

Spitzer. (McCartin, Michael) Modified on 4/2/2007 (tab). (Entered:03/29/2007)

03/29/2007 TEXT ORDER TO STRIKE: The Clerk of the Court shall strike StateDefendants' Reply Letter, Dkt. No. 77, as it was unauthorized. The partiesshall not file any further letter-briefs on this matter. If, after the conference,the Court determines that further briefing is necessary as to all parties, theCourt shall set forth a briefing schedule. The Court will not entertain anyfurther letters from any party prior to the Conference currently set for3/30/07. Signed by Judge Randolph F. Treece on 3/29/07.(rlh) (Entered:03/29/2007)

03/29/2007 78 RESPONSE in Opposition re 67 MOTION to Amend/Correct Answer toPlaintiffs First Amended Complaint filed by Children First Foundation, Inc ..(Raum, Brian) (Entered: 03/29/2007)

03/30/2007 79 Minute Entry for proceedings held before Judge Randolph F. Treece:Discovery Hearing held on 3/30/2007(rlh) (Entered: 03/30/2007)03/30/2007 80 Minute Entry for proceedings held before Judge Randolph F. Treece: ExParte, OffRecord Hearing held on 3/30/2007(rlh) (Entered: 03/30/2007)03/30/2007 1 Minute Entry for proceedings held before Judge Randolph F. Treece:Scheduling Conference held on 3/30/2007 (rlh) (Entered: 03/30/2007)03/30/2007 82 ORDER re 79 Discovery Hearing Motions to Compel to be filed by4/13/2007. Discovery is stayed and current scheduling order deadlines areadjourned. Signed by Judge Randolph F. Treece on 3/30/07. (tab) (Entered:04/02/2007)03/30/2007 83 ORDER re: various discovery issues, setting forth a briefing schedule. Signedby Judge Randolph F. Treece on 3/30/07. (tab) (Entered: 04/02/2007)04/11/2007 84 APPEAL OF MAGISTRATE JUDGE DECISION to District Court byRaymond P. Martinez re 82 Order, Set Deadlines, Set Scheduling OrderDeadlines Motion Hearing set for 5/22/2007 10:00 AM in Syracuse beforeSenior Judge Neal P. MeCum. (Attachments: # 1 Exhibit(s) 1 to Defendant'sObjections# 2 Exhibit(s) 2 to Defendant's Objections# 3. Exhibit(s) 3 to

Defendant's Objections# 1. Exhibit(s) 4 to Defendant's Objections# .5. Exhibit(s) 5 to Defendant's Objections#.Q Memorandum ofLaw in Support ofDefendant's Objections)(Rock, Krista) (Entered: 04/11/2007)04/12/2007 85 Letter Motion from Linda 1. Clark for Jill A. Dunn requesting Amendment ofOrder Docket #83 regarding the order of briefing submitted to Judge

Randolph F. Treece. (Clark, Linda) (Entered: 04/12/2007)04/13/2007 86 Minute Entry for proceedings held before Judge Randolph F. Treece:Telephone Conference held on 4/13/2007 with Linda Clark, Esq., forDefendant Jill Dunn in her individual capacity; and Krista Rock, AAG and


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Michael McCartin, AAG, for the State Defendants. Plaintiffs Counsel couldnot be located. Court will await further letter/stipulation from the parties. 25min. (rlh) (Entered: 04/13/2007)04/13/2007 87 NOTICE of Appearance by David M. Finkelstein on behalf of Nancy Naples,Raymond P. Martinez, Jill A. Dunn, Eliot Spitzer (Finkelstein, David)

(Entered: 04/13/2007)04/13/2007 88 MOTION to Compel Plaintiff's Responses to Ms. Dunn's First Set ofInterrogatories and First Request for the Production ofDocuments by Jill A.Dunn. (Attachments: # 1Declaration of Linda Clark# 2. Exhibit(s) A toDeclaration of Linda Clark# 1 Exhibit(s) B to Declaration of Linda Clark#


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none)(rlh) (Entered: 04/16/2007)04/17/2007 21 TRANSCRIPT REQUEST for telephonic conference by Children FirstFoundation, Inc. for proceedings held on 3/7/2007 before Judge Hon.Randolph F. Treece .. (Raum, Brian) (Entered: 04/17/2007)04/18/2007 92 STIPULATION ofDefendant Martinez's Deposition Questions by ChildrenFirst Foundation, Inc. submitted to Judge Randolph F. Treece. (Raum, Brian)(Entered: 04/18/2007)04/23/2007 93 ORDER: approving the # 92 Stipulation ofDefendant Martinez's DepositionQuestions. Signed by Judge Neal P. McCum on 4/23/07. (jmb) (Entered:04/24/2007)04/25/2007 94 Letter Motion from AAG Krista Rock for Raymond P. Martinez requestingadvising the Court that Defendant Martinez withdraws his Objections to theNon-Dispositive Order ofthe Magistrate Judge which were filed on April 11,2007 submitted to Judge McCum. (Rock, Krista) (Entered: 04/25/2007)04/25/2007 95 LETTER BRIEF advising the Court that the Office of the Attorney Generalhas certified outside counsel to represent Defendant Martinez in this matterby Raymond P. Martinez. (Rock, Krista) (Entered: 04/25/2007)04/26/2007 96 RECORD of Proceedings: Telephone Conference digitally recorded held on3/7/07 before Judge Randolph F. Treece, Tape Number: (FTR Recorded)IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order toremove personal identifier data from the transcript, a party must electronicallyfile a Notice of Intent to Redact with the Clerk's Office within 5 business days

of this date. The policy governing the redaction of personal information islocated on the court website at www.nynd.uscourts.gov. Read this policycarefully. If no Notice ofIntent to Redact is filed within 5 business days ofthis date, the court will assume redaction ofpersonal identifiers is notnecessary and the transcript will be made available on the web 90 days fromtoday's date. Notice ofIntent to Redact due by 5/3/2007,Transcript due by7/25/2007. (dm2, ) (Entered: 04/26/2007)04/26/2007 97 RESPONSE in Opposition re 88 MOTION to Compel Plainti ffs Responses to

Ms. Dunn's First Set ofInterrogatories and First Request for the ProductionofDocuments filed by Children First Foundation, Inc., Elizabeth Rex.(Attachments: # 1 Declaration ofBrian W. Raum)(Raum, Brian) (Entered:04/26/2007)04/27/2007 98 Letter Motion from Linda J. Clark, Esq. for Jill A. Dunn requesting ten dayswithin which to submit a reply to Plainti ffs Opposition to Defendant Dunn'sMotion to Compel Discovery submitted to Judge Treece. (Clark, Linda)(Entered: 04/27/2007)04/27/2007 99 RESPONSE in Opposition re 98 Letter Motion from Linda J. Clark, Esq. forJill A. Dunn requesting ten days within which to submit a reply to PlaintiffsOpposition to Defendant Dunn's Motion to Compel Discovery submitted toJudge Treece filed by Children First Foundation, Inc., Elizabeth Rex. (Raum,Brian) (Entered: 04/27/2007)

h t t m : / / p . d n v n c l m : ~ o l l T t " ( J o v / ~ ( J i - h i n / n k t R n t n l ? l l f l4 1R171R7R4 -T 4 ' 0-1


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04/30/2007 Minute Entry for proceedings held before Judge Randolph F. Treece:Telephone Status Conference held on 4/30/2007; Linda Clark, Esq., JeffreySchaffer, Esq.; Order to be filed. (rzh, ) (Entered: 04/3012007)04/3012007 100 TEXT ORDER: Defendant Dunn has filed a Motion to Compel Discoveryand Plaintiffs have filed their Opposition thereto. Defendant Dunn now

wishes to serve and file a Reply to Plaintiffs' Opposition. Dkt. No. 98 .Plaintiffs oppose Defendant Dunn's Application. Dkt. No. 99 . A telephoneconference was held on April 30, 2007, and based upon the discussions heardduring this conference this Court grants Defendant Dunn an opportunity toserve and file a Reply to Plaintiffs' Opposition which shall not exceed ten (10)pages and shall be due on or before May 4, 2007. Plaintiffs are permitted anopportunity to serve and file a Sur-Reply which shall not exceed five (5)pages and is due on or before May 11,2007. SO ORDERED. Signed byJudge Randolph F. Treece on 4/30/07. (Treece, Randolph) (Entered:04/30/2007)05/0212007 101 TEXT ORDER granting 94; Deft Martinez's Letter Request, to withdraw 84

Appeal of Magistrate Judge Decision to District Court filed on April 11, 2007and is hereby ordered removed from this Court's May 22, 2007 motioncalendar. Ordered by Judge Neal P. McCurn on 51212007. (ptm,) (Entered:05/0212007)05/0312007 TEXT NOTICE: On April 25, 2007, this Court received a letter, Dkt. No. 95 ,from the Attorney General's Office regarding the certification of outsidecounsel to represent Defendant Martinez. Because of the implications thismay have on the Scheduling Order issued in this case, the Court will conducta telephone conference. Therefore, all parties are to contact Chambers withdates and times they are available for said conference on May 4 or during theweek of May 7, 2007. Signed by Judge Randolph F. Treece on 5/3/07. (sn)(Entered: 05/0312007)05/0312007 CORRECTIVE TEXT NOTICE: The parties are to provide dates and timesthey are available for a telephone conference for either the afternoon of May3 or all day May 4, 2007. Signed by Judge Randolph F. Treece on 5/3/07. (sn)(Entered: 05/0312007)05/03/2007 TEXT NOTICE: A telephone conference has been scheduled for May 3,2007, at 3 p.m. The Court will initiate the conference call. Signed by JudgeRandolph F. Treece on 5/3/07. (sn) (Entered: 05/0312007)05/03/2007 Minute Entry for proceedings held before Judge Randolph F. Treece:

Telephone Conference held on 5/312007; Jeffrey Schaffer, Esq., Krista Rock,Esq., Michael McCartin, Esq., Ira Lipton, Esq. and Linda Clark, Esq.; Orderto be issued. (FTR/CRD Robin Hinman) (rzh, ) (Entered: 05/0312007)05/0312007 102 TEXT ORDER: Recently, State Defendants advised this Court that DefendantMartinez was certified to be represented by private counsel pursuant to NewYork Public Officers Law Section 17, in his individual capacity only.Previously, the parties had stipulated to a briefing schedule regarding motionspertaining to State Defendants' privilege log. In this regard, State Defendantsopined that Defendant Martinez's new counsel may want to respond and/or


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participate in some fashion to these motions. On May 3,2007, the Courtconvened a telephone conference to discuss Martinez's new counsel's role asit may pertain to these motions. It was ascertained that Martinez had not yetselected his new counsel, however, everyone agreed that in all likelihood hewould want to respond and/or participate in some manner. Rather than pursuethe stipulated briefing schedule, and based upon the consensus of the parties,the motions related to State Defendants' privilege log will be stayed pending anotice of appearance by Martinez's new counsel and their ability to participatein a discussion on a revised briefing schedule. Therefore these motions willbe stayed and we direct State Defendants to advise this Court of the name ofMartinez's new counsel as soon as they learn of their identity. DefendantDunn's Motions to Compel and Amend her Answer will proceed asscheduled. SO ORDERED. Signed by Judge Randolph F. Treece on 5/3/07.(Treece, Randolph) (Entered: 05/03/2007)

05/04/2007 103 REPLY to Response to Motion re 88 MOTION to Compel PlaintiffsResponses to Ms. Dunn's First Set ofInterrogatories and First Request for theProduction ofDocuments filed by Jill A. Dunn. (Clark, Linda) (Entered:05/04/2007)05/0712007 104 Letter Motion from Jeffrey A. Shafer for Children First Foundation, Inc.,Elizabeth Rex requesting Extension of Page Limit for Surreply Memorandumsubmitted to Judge Randolph F. Treece. (Shafer, Jeffrey) (Entered:05/07/2007)05/07/2007 105 Letter Motion from Linda J. Clark, Esq. for Jill A. Dunn requesting Plaintiffssur-reply be limited to five pages pursuant to prior Court Order submitted toJudge Randolph F. Treece. (Clark, Linda) (Entered: 05/07/2007)05/07/2007 TEXT ORDER denying 104 Letter Request. Plaintiffs sur-reply shall not

exceed six pages. Signed by Judge Randolph F. Treece on 5/7/07.(rlh)(Entered: 05/07/2007)05/08/2007 106 NOTICE ofAppearance by Mark J. McCarthy on behalf of Raymond P.Martinez (McCarthy, Mark) (Entered: 05/08/2007)05/0812007 107 Letter request, Letter Motion from Mark J. McCarthy, Esq. for Raymond P.Martinez requesting response to Court's request for telephone conferencesubmitted to Judge Randolph F. Treece. (McCarthy, Mark) (Entered:05/08/2007)05/09/2007 108 TEXT NOTICE AND ORDER SETTING TELEPHONE CONFERENCE:Attorney Mark J. McCarthy has filed a Notice ofAppearance on behalf ofDefendant Raymond P. Martinez. Dkt. No. 106. He has further filed with theCourt Martinez's interest in amending his answer, serving limitedinterrogatories on Plaintiff, and his availability for a telephone conference.Dkt. No. 107 . We also may need to address other pending motions that mayhave an impact upon Defendant Martinez. Will all of the parties advise theCourt, as soon as possible, whether they can participate in a telephoneconference, on the record, on either May 15 or 16, after 4:00 p.m., and if sothe telephone numbers by which they can be reached and who will beparticipating. Further, will all of the parties provide other dates and time


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when they may be available for a conference call if neither of these dates arefeasible. In considering other dates, the Court wishes to advise the parties thatwe are available May 14 after 3:00 p.m. Signed by Judge Randolph F. Treeceon 5/9/07. (Treece, Randolph) (Entered: 05/09/2007)05/10/2007 109 CERTIFICATE OF SERVICE by Raymond P. Martinez re 106 Notice of

Appearance, 107 Letter request, Letter Motion from Mark J. McCarthy, Esq.for Raymond P. Martinez requesting response to Court's request for telephoneconference submitted to Judge Randolph F. Treece (McCaI.ihy, Mark)(Entered: 05/1 0/2007)05/11/2007 TEXT NOTICE: A telephone conference has been scheduled for May 14,2007, at 4 p.m. The Court will initiate the conference call. Signed by JudgeRandolph F. Treece on 5/11/07. (sn) (Entered: 05/11/2007)05/11/2007 110 RESPONSE to Motion re 88 MOTION to Compel Plaintiffs Responses to

Ms. Dunn s First Set ofInterrogatories and First Requestfor the ProductionofDocuments Surreply Memorandum filed by Children First Foundation,Inc .. (Raum, Brian) (Entered: 05/11/2007)

05/11/2007 ill CERTIFICATE OF SERVICE by Children First Foundation, Inc. re 110Response to Motion, Surreply Memorandum (Raum, Brian) (Entered:05/11/2007)05/14/2007 Minute Entry for proceedings held before Judge Randolph F. Treece: BrianRaum, Esq., Jeffrey Shaffer, Esq., Krista Rock, Esq., Michael McCartin, Esq.,Ira Lipton, Esq., Linda Clark, Esq, and Mark McCarthy, Esq. w/Carl Slade,Esq.; Telephone Conference held on 5/14/2007; Order to be issued.(FTR/CRD Robin Hinman) (rzh, ) (Entered: 05/14/2007)05/15/2007 112 ORDER granting 107 Letter Request, holding conference and settingdeadlines for various motions. Signed by Judge Randolph F. Treece on5/15/07. (tab) (Entered: 05/16/2007)06/01/2007 113 MOTION to Compel Production ofPrivilege Log Motion Hearing set for6/1/200706:00 PM in Albany before Magistrate Judge Randolph F.Treece.,Response to Motion due by 5/15/2007 by Children First Foundation,Inc .. (Attachments: # 1 Memorandum of Law in Support ofMotion# 2Exhibit(s) Unreported Case# 3. Exhibit(s) Unreported Case# :!: Exhibit(s)Unreported Case) Motions referred to Randolph F. Treece. (Shafer, Jeffrey)(Entered: 06/01/2007)06/28/2007 Minute Entry for proceedings held before Judge Randolph F. Treece: Krista

Rock, AAG; Linda Clark, Esq.; Telephone Conference held on 6/28/2007.(rzh, ) (Entered: 06/28/2007)06/29/2007 114 RESPONSE in Opposition re 113 MOTION to Compel Production ofPrivilege Log filed by Nancy Naples, Eliot Spitzer. (Attachments: # 1Memorandum of Law # 2 Exhibit(s) 1 ofMOL# 3. Exhibit(s) 2 ofMOL# :!:Exhibit(s) 3# 1 Exhibit(s) 4 ofMOL# Exhibit(s) 5 ofMOL# 1 Exhibit(s) 6

of MOL# .& Exhibit(s) 7 ofMOL# 2 Exhibit(s) 8 ofMOL# lQ Exhibit(s) 9 ofMOL# II Affidavit of Schoen (Cover page only)# 12 Exhibit(s) A of SchoenAff. (Priv. Log)# li Exhibit(s) of Schoen Aff. (6/26/07 Letter)# l:!: Exhibit(s)


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C of Schoen Aff. (Priv. Material- Cover page only)# U Exhibit(s) D ofSchoen Aff. (Plaintiffs Letters))(McCartin, Michael) (Entered: 06/29/2007)07/05/2007 115 CERTIFICATE OF SERVICE by Nancy Naples, Eliot Spitzer re 114Response in Opposition to Motion" (McCartin, Michael) (Entered:07/05/2007)07/19/2007 116 RESPONSE in Opposition re 113 MOTION to Compel Production ofPrivilege Log (filed under seal) filed by Jill A. Dunn. (Attachments: # 1Exhibit(s) Exhibit A to Declaration ofLinda J. Clark (filed under seal)# 2Exhibit(s) Exhibit B to Declaration of Linda J. Clark (filed under seal))(Clark,Linda) (Entered: 07/19/2007)07/19/2007 117 MEMORANDUM OF LAW re ill Response in Opposition to Motion, 114Response in Opposition to Motion" 113 Motion to Compel, (filed under seal)filed by Jill A. Dunn. (Clark, Linda) (Entered: 07/19/2007)07/20/2007 118 AFFIDAVIT in Opposition re 113 MOTION to Compel Production ofPrivilege Log filed by George E. Pataki. (Lipton, Ira) (Entered: 07/20/2007)07/20/2007 119 AFFIDAVIT of Service for Declaration of Linda J. Clark (with exhibits) andDefendant Jill A. Dunn's Memorandum ofLaw in Response to Plaintiffs'Motion to Compel served on Hon. RandolfF. Treece, Krista A. Rock, Esq. on7/19/07, filed by Jill A. Dunn. (Clark, Linda) (Entered: 07/20/2007)07/20/2007 120 AFFIDAVIT of Service for redacted version ofDefendant Jill A. Dunn'sMemorandum of Law in Response to Plaintiffs Motion to Compel served onJames Michael Johnson, Esq., Jeffrey A. Shafer, Esq., Brian W. Raum, Esq.,

IraJ. Lipton, Esq. on 7/19/07, filed by Jill A. Dunn. (Clark, Linda) (Entered:07/20/2007)07/20/2007 121 REPLY to Response to Motion re 113 MOTION to Compel Production ofPrivilege Log filed by Children First Foundation, Inc. (Shafer, Jeffrey)Modified on 7/20/2007 to remove filer Elizabeth Rex. Gmb) (Entered:07/20/2007)07/20/2007 CLERK'S CORRECTION OF DOCKET ENTRY, Re: the # 121 Reply toResponse to Motion filed by Children First Foundation, Inc., Counselcontacted the Court and advised that the pleading is submitted on behalf ofThe Children's First Foundation only, not Elizabeth Rex. Therefore ElizabethRex has been removed as a filer for this docket entry. Gmb) (Entered:07/20/2007)07/20/2007 122 AFFIDAVIT Declaration ofMark J McCarthy by Raymond P. Martinez.(McCarthy, Mark) (Entered: 07/20/2007)07/20/2007 123 CERTIFICATE OF SERVICE by Raymond P. Martinez ofthe Declaration ofMark J McCarthy (McCarthy, Mark) (Entered: 07/20/2007)07/20/2007 124 AFFIDAVIT re 118 Affidavit in Opposition to Motion by George E. Pataki.(Lipton, Ira) (Entered: 07/20/2007)07/26/2007 125 TRANSCRIPT of Proceedings (Unredacted): Telephone Conference digitallyrecorded held on 3/7/07 before Judge Randolph F. Treece, (dm2, ) (Entered:


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07/26/2007)07/27/2007 126 TRANSCRIPT REQUEST by Jill A. Dunn for proceedings held on 03/30/07before Judge Hon. Randolph Treece .. (Clark, Linda) (Entered: 07/27/2007)07/27/2007 127 Letter Motion from AAG Krista Rock for Nancy Naples, Eliot Spitzer

requesting an extension of the State Defendants' deadline for replying toDefendant Dunn's response to Plaintiffs Motion to Compel submitted toJudge Treece. (Rock, Krista) (Entered: 07/27/2007)07/30/2007 TEXT ORDER granting 127 State Defendants' Letter Request extending theirtime to file a Reply to Dunn's Response to Plaintiffs Motion to Compel toAugust 31, 2007. IT IS SO ORDERED. Signed by Judge Randolph F. Treeceon 7/30/07. (Treece, Randolph) (Entered: 07/30/2007)08/03/2007 128 MEMORANDUM-DECISION AND ORDER granting in part and denying inpart 67 Motion to Amend/Correct. Signed by Judge Randolph F. Treece on8/3/07. (tab) (Entered: 08/03/2007)08/14/2007 129 RECORD of Proceedings: Conference held on March 30, 2007 before JudgeRandolph F. Treece, Court Reporter: Theresa J. Casal. IMPORTANTNOTICE - REDACTION OF TRANSCRIPTS: In order to remove personalidentifier data from the transcript, a party must electronically file a Notice ofIntent to Redact with the Clerk's Office within 5 business days of this date.The policy governing the redaction of personal information is located on thecourt website at www.nynd.uscourts.gov. Read this policy carefully. IfnoNotice ofIntent to Redact is filed within 5 business days of this date, thecourt will assume redaction of personal identifiers is not necessary and thetranscript will be made available on the web 90 days from today's date.Notice ofIntent to Redact due by 8/21/2007,Transcript due by 11/13/2007.

(tjc, ) (Entered: 08/14/2007)08/17/2007 130 APPEAL OF MAGISTRATE JUDGE DECISION to District Court byChildren First Foundation, Inc. re 128 Order on Motion to Amend/CorrectMotion Hearing set for 9/18/2007 10:00 AM in Syracuse before Senior JudgeNeal P. McCum. (Attachments: # 1Memorandum of Law in Support ofPlaintiffs Objections to Magistrate Judge's Non-Dispositive Order)(Shafer,Jeffrey) (Entered: 08/17/2007)08/17/2007 131 MOTION to Vacate 128 Order on Motion to Amend/Correct Motion Hearingset for 9/25/2007 09:30 AM in Albany before Senior Judge Neal P.McCurn.,Response to Motion due by 9/1 0/2007,Reply to Response to Motion

due by 9/14/2007. by Jill A. Dunn. (Attachments: # 1Memorandum of LawDefendant Jill A. Dunn's Objections to the Magistrate Judge's Memorandum-Decision and Order on Motion to Amend# 2. Exhibit(s) Compendium of casessolely in electronic format - part 1 of 4# 1 Exhibit(s) Compendium of cases part 2 of 4# 1 Exhibit(s) Compendium of cases - part 3 of 4# 2 Exhibit(s)Compendium of cases - part 4 of 4) (Clark, Linda) (Entered: 08/17/2007)08/17/2007 132 CERTIFICATE OF SERVICE by Jill A. Dunn re 131 MOTION to Vacate128 Order on Motion to Amend/Correct MOTION to Vacate 128 Order onMotion to Amend/Correct MOTION to Vacate 128 Order on Motion toAmend/Correct (Clark, Linda) (Entered: 08/17/2007)

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08/21/2007 133 NOTICE OF INTENT TO REDACT by Jill A. Dunn re 129 Record ofProceedings", (Clark, Linda) (Entered: 08/21/2007)08/21/2007 134 CERTIFICATE OF SERVICE by Jill A. Dunn re 133 Notice ofIntent toRedact (Clark, Linda) (Entered: 08/21/2007)08/22/2007 135 NOTICE ofAppearance by Senta B. Siuda on behalfofDavid J. Swartz,Andrew Cuomo, Eliot Spitzer (Attachments: #1 Certificate of Service)(Siuda, Senta) (Entered: 08/22/2007)08/23/2007 136 Letter Motion from Senta B. Siuda for David J. Swartz, Andrew Cuomo,Eliot Spitzer requesting extension of time to respond to defendant Dunn'scross-motion to compel (Dkts. 116 and 117) submitted to Judge Treece.(Siuda, Senta) (Entered: 08/23/2007)08/24/2007 TEXT ORDER taking under advisement 136 State Defendants' LetterRequest for additional time to file a reply to Defendant Dunn's cross motionto compel ( 116 & 117 ). State Defendants seek an extension to reply untilSeptember 14,2007. All parties with the exception of Plaintiffs haveconsented to the extension. State Defendants have sought Plaintiffs' consentbut have not received a return call from them. The Court will grant theextension unless it receives objections from Plaintiffs. Said objections mustbe filed by the end of August 24,2007. SO ORDERED. Signed by JudgeRandolph F. Treece on 8/24/07. (Treece, Randolph) (Entered: 08/24/2007)08/24/2007 NOTICE to Children First Foundation, Inc. The Court received yourtelephone confirmation that you have no objections to State DefendantsRequest for an extension to respond to Defendant's cross motion to compel.Thank you for your prompt call. (Treece, Randolph) (Entered: 08/24/2007)08/24/2007 TEXT ORDER regarding 136 Letter Motion from Senta B. Siuda for David J.Swartz, Andrew Cuomo, Eliot Spitzer requesting extension of time to respondto defendant Dunn's cross-motion to compel (Dkts. 116 and 117) submitted toJudge Treece filed by Eliot Spitzer, Andrew Cuomo, David J. Swartz. Allother parties have consented to State Defendants request to extend the time torespond to Defendant Dunn's cross motion until September 14,2007. Saidextension is granted. IT IS SO ORDERED. Signed by Judge Randolph F.Treece on 8/24/07. (Treece, Randolph) (Entered: 08/24/2007)08/28/2007 137 ORDER SETTING HEARING AS TO APPEAL OF MAGISTRATESDECISION AND MOTON TO VACATE 131 MOTION to Vacate 128 Orderon Motion to Amend/Correct MOTION to Vacate 130 APPEAL OF

MAGISTRATE JUDGE DECISION to District Court by Children FirstFoundation, Inc. re 128 Order on Motion to Amend/Correct: Response toMotion due by 9/1 0/2007 Reply to Response to Motion due by 9/14/2007.Motion Hearing set for 9/25/2007 11 :00 AM in Syracuse before Senior JudgeNeal P. MeCum. Signed by Judge Neal P. MeCum on 8/28/2007. (ptm,)(Entered: 08/28/2007)09110/2007 138 RESPONSE in Opposition re 131 MOTION to Vacate 128 Order on Motionto Amend/Correct MOTION to Vacate 128 Order on Motion toAmend/Correct MOTION to Vacate 128 Order on Motion to Amend/Correctfiled by Children First Foundation, Inc., Elizabeth Rex, Elizabeth Rex(Dr.).


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(Raum, Brian) (Entered: 09/1 0/2007)09/10/2007 139 AFFIDAVIT re 131 MOTION to Vacate 128 Order on Motion toAmend/Correct MOTION to Vacate 128 Order on Motion to Amend/CorrectMOTION to Vacate 128 Order on Motion to Amend/Correct by George E.Pataki. (Attachments: # 1 Affidavit Certificate of Service)(Lipton, Ira)

(Eptered: 09/1 0/2007)09/10/2007 140 MEMORANDUM OF LAW re 130 Appeal of Magistrate Judge Decision toDistrict Court, filed by Jill A. Dunn. (Clark, Linda) (Entered: 09/10/2007)09/12/2007 141 Letter Motion from Senta B. Siuda for David J. Swartz, Andrew Cuomo,Eliot Spitzer requesting further extension of time to respond to defendantDunn's cross-motion submitted to Judge Treece. (Siuda, Senta) (Entered:09/12/2007)09/1212007 TEXT ORDER granting 141 State Defendants' Letter Request to extend thetime for them to file their reply to a cross motion to compel. Said reply is dueon or before September 20,2007. SO ORDERED. Signed by Judge Randolph

F. Treece on 9/12/07. (Treece, Randolph) (Entered: 09/12/2007)09/1312007 142 Letter Motion from Brian W. Raum for Children First Foundation, Inc.requesting Extension ofReply Deadline set for 9/14/07 submitted to JudgeMeCum. (Raum, Brian) (Entered: 09/1312007)09/1312007 143 ORDER denying 142 Letter Request, 142 Letter Motion from Brian W. Raumfor Children First Foundation, Inc. requesting Extension ofReply Deadlineset for 9/14/07 to 9/19/07 submitted to Judge MeCum: Reply to Response toMotions SHALL BE ELECTRONICALLY FILED NO LATER THAN9:00AM on MONDAY 9/17/2007.Signed by Judge Neal P. MeCum on09/1312007. (ptm, ) (Entered: 09/1312007)09/1312007 144 NOTICE of Appearance by Laura M. Midwood on behalfof George E. Pataki(Midwood, Laura) (Entered: 09/1312007)09/1712007 145 Appellant's REPLY BRIEF by Jill A. Dunn. (Attachments: # 1 Exhibit(s)Exhibit "A" to Reply Brief of Jill A. Dunn# 2 Exhibit(s) Exhibit "B" to ReplyBrief of Jill A. Dunn)(Clark, Linda) (Entered: 09/17/2007)09/17/2007 146 REPLY to Response to Motion re 130 APPEAL OF MAGISTRATE JUDGEDECISION to District Court by Children First Foundation, Inc. re 128 Orderon Motion to Amend/Correct APPEAL OF MAGISTRATE JUDGEDECISION to District Court by Children First Foundation, Inc. re 128 Order

on Motion to Amend/Correct filed by Children First Foundation, Inc ..(Shafer, Jeffrey) (Entered: 09/17/2007)09/2012007 147 REPLY to Response to Motion re 113 MOTION to Compel Production ofPrivilege Log [Reply to defendant Dunn's Cross-Motion (Docket Nos. 116

and 117)) filed by David J. Swartz, Eliot Spitzer. (Attachments: # 1Certificate of Service)(Siuda, Senta) (Entered: 09/20/2007)0912012007 148 Letter Motion from Senta B. Siuda for David J. Swartz, Eliot Spitzerrequesting a change in the caption and docket sheet submitted to JudgeTreece. (Siuda, Senta) (Entered: 0912012007)


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09/21/2007 TEXT ORDER taking under advisement 148 State Defendants' Letter-Motionto change the caption ofthis case. By this Letter-Motion, State Defendantsadvise the Court that the caption of the August 3,2007 Order may be error inthat we listed Attorney General Andrew Cuomo as a party in his officialcapacity, and Eliot Spitzer in his individual capacity as well as in his officialcapacity as Governor. State Defendants observe that former AttorneyGeneral, Eliot Spitzer, was dropped from this case at the time Plaintiffs filedtheir First Amended Complaint. Further, State Defendants note that NealSchoen should be noted in the caption as a party in his official capacityinasmuch as he has replaced Defendant Jill Dunn as Deputy Commissionerand Counsel to DMV. The Court has reviewed the First Amended Complaintand notes that then Attorney General Eliot Spitzer was not listed as a party.The Court is prepared to amend the caption and the case docket accordinglybut would ask Plaintiffs to verify whether these observations are accurate, assoon as possible but no later than September 25,2007. We will then issue anorder correcting the caption and the case docket. Signed by Judge RandolphF. Treece on 9/21/07. (Treece, Randolph) (Entered: 09/21/2007)

09/24/2007 149 ORDER AMENDING CAPTION on DOCKET and updating current attorneyof record information. Signed by Judge Randolph F. Treece on 9/24/07. (tab)(Entered: 09/24/2007)

09/25/2007 150 Minute Entry for proceedings held before Judge Neal P. McCurn : MotionHearing held on 9/25/2007 re 131 MOTION to Vacate 128 Order on Motionto Amend/Correct filed by Jill A. Dunn, and 130 APPEAL OFMAGISTRATE JUDGE DECISION to District Court by Children FirstFoundation, Inc. re 128 Order on Motion to Amend/Correct. Appeal/MotionTaken Under Advisement: Senior Judge McCurn reviews procedural historyand issues within the instant Appeal of and Motion to Vacate MagistrateJudge RandolfF. Treeses Memorandum Decision and Order dated August 3,2007, and after extensive questioning of counsel as to all relevant issues andupon hearing further statements of counsel, Senior Judge McCurnRESERVES DECISION and takes both matters under advisement (CourtReporter Diane Martens) (ptm,) (Entered: 09/27/2007)

11/12/2007 151 Letter Motion from Linda J. Clarke for Jill A. Dunn requesting Permission toFile Redacted Transcript submitted to Judge Randolph F. Treece.(Attachments: # 1 Transcript Part 1 of Redacted Transcript ofProceedings# 2Transcript Section 2 of Redcted Transcript# .3. Transcript Section 3 ofRedacted Transcript)(Clark, Linda) (Entered: 11/12/2007)11/14/2007 152 Letter Motion from Linda 1. Clark, Esq. for Jill A. Dunn requestingPermission to File Redacted Transcript submitted to Judge Treece.(Attachments: # 1 Transcript Section 1 of Redacted Transcript# 2 TranscriptSection 2 ofRedacted Transcript# .3. Transcript Section 3 ofRedactedTranscript)(Clark, Linda) (Entered: 11/14/2007)11/14/2007 TEXT ORDER temporarily denying 151 Letter Request & temporarilydenying 152 Letter Request: Defendant Dunn may re-file a Motion to Seal,which shall be accompanied by a Memorandum ofLaw setting forth the legalbases for the requested relief. To the extent sensitive or privilegedinformation will be discussed in such Memorandum of Law, it may be

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temporarily filed under seal. Notwithstanding such ruling, the Court directsthat such Motion be served on all parties in its entirety. Signed by JudgeRandolph F. Treece on 11/14/07.(rIh) (Entered: 11/14/2007)11/14/2007 153 Redacted Version of 117 Memorandum ofLaw re 116 Response inOpposition to Motion, 114 Response in Opposition to Motion, 113 Motion to

Compel, filed by Jill Dunn. (Attachments: # 1 Redacted Memorandum ofLaw)(Clark, Linda) Modified on 11/16/2007 (rIh). (Entered: 11/14/2007)11/15/2007 154 TRANSCRIPT ofProceedings (Umedacted): Conference held on March 30,2007 before Judge Randolph F. Treece, Court Reporter: Theresa J. Casal.(tjc, ) (Entered: 11/15/2007)11/16/2007 CLERK'S CORRECTION OF DOCKET ENTRY: Corrected Do.cket Text ofDkt. No. 153 to reflect that it is Defendant Dunn's redacted version of thememorandum of law regarding Plaintiffs Motion to Compel. Also terminatedMotion as it had been originally filed as a letter motion. (rIh) (Entered:11/16/2007)11/19/2007 TEXT ORDER: A Telephone Conference is set for 11/20/2007 at 03:00 PMbefore Magistrate Judge Randolph F. Treece. The Conference will be held onthe record. The Court will initiate the Conference call. Signed by JudgeRandolph F. Treece on 11/19/07. (rIh) (Entered: 11/19/2007)11/20/2007 155 NOTICE by Jill A. Dunn re Order" Set Deadlines/Hearings, 88 MOTION toCompel Plaint iffs Responses to Ms. Dunn's First Set ofInterrogatories andFirst Requestfor the Production ofDocuments Unredacted Memo ofLaw(Attachments: # 1 Memorandum ofLaw)(Clark, Linda) (Entered:11/20/2007)11/20/2007 156 Minute Entry for proceedings held before Judge Randolph F. Treece: InterimPretrial Conference held on 11/20/2007. Appearances by Jeff Shafer, Esq.,representing Plaintiff The Children First Foundation, Inc.; Mark McCarthy, 'Esq., representing Defendant Raymond Martinez; Linda Clark, Esq., & DavidKost, Esq., representing Defendant Jill Dunn; Laura Midwood, Esq.,representing Defendant George Pataki; Senta Suida, AAG, representing StateDefendants. Court discusses filing ofMarch 30, 2007 Hearing Transcript andDefendant Jill Dunn's redacted Memo ofLaw regarding Plaintiffs Motion toCompel. Umedacted version ofDunn Memo ofLaw should be filed. (CourtReporter none/FTR/Law Clerk Robyn Hoffman). 15 Min.(rIh) (Entered:11/21/2007)12/10/2007 157 MEMORANDUM-DECISION AND ORDER granting in part and denying inpart 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) (Entered: 12/10/2007)12/18/2007 158 Letter Motion from Senta B. Siuda for David J. Swartz, Neal Schoen, EliotSpitzer requesting extension of time to file objections to 12-10-07 MDOsubmitted to Judge MeCum. (Siuda, Senta) (Entered: 12/18/2007)12/19/2007 159 ORDER granting 158 Letter Request. Signed by Judge Neal P. MeCum on12/19/2007. Date for any party to file objections and/or appeal Memorandum

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Decision and Order ofMagistrate Treece at Dkt 157 extended to January 14,2008. Stay of compliance continued until Court rules as to any objectionsfiled. (ptm, ) (Entered: 12/19/2007)12/27/2007 160 MEMORANDUM-DECISION & ORDER: Upon due consideration ofthe #

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 herebyordered that Judge Randolph Treece's # 128 Memorandum.,Decision & Orderis reversed; it is ordered that defendant Jill A. Dunn's # 67 Motion be grantedin part to allow her to amend her answer with a government speech doctrineaffirmative defense, and denied in part, to prevent her from amending heranswer with an Establishment Clause neutrality defense. Further ordered thatdefendant, Jill A. Dunn file an amended answer no later than 1/26/2008.Signed by Judge Neal P. McCum on 12/27/07. Umb) (Entered: 12/28/2007)

01/14/2008 161 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by David1. Swartz, Neal Schoen, Eliot Spitzer re 157 Order on Motion to CompelMotion Hearing set for 2/12/2008 10:00 AM in Syracuse before Senior JudgeNeal P. McCum. (Attachments: # 1 Memorandum ofLaw # 2 Appendix ofcases annexed to MOL, Part 1# l Appendix of cases annexed to MOL, Part2# 1: Appendix of cases annexed to MOL, Part 3# Affidavit ofNeal Schoen(Supplemental)# QCertificate of Service)(Siuda, Senta) (Entered:01/14/2008)

01/14/2008 162 APPEAL OF MAGISTRATE JUDGE DECISION to District Court byGeorge E. Pataki re 157 Order on Motion to Compel Motion Hearing set for2/12/2008 10:00 AM in Syracuse before Senior Judge Neal P. McCum.(Attachments: # 1 Memorandum ofLaw IN SUPPORT OF DEFENDANTPATAKIS OBJECTION TO AND APPEAL OF THE MAGISTRATEJUDGES MEMORANDUM-DECISION AND ORDER DATEDDECEMBER 10, 2007)(Lipton, Ira) (Entered: 01/14/2008)01/14/2008 163 CERTIFICATE OF SERVICE by George E. Pataki re 162 APPEAL OFMAGISTRATE JUDGE DECISION to District Court by George E. Pataki re157 Order on Motion to Compel APPEAL OF MAGISTRATE JUDGEDECISION to District Court by George E. Pataki re 157 Order on Motion toCompel (Lipton, Ira) (Entered: 01/14/2008)01/15/2008 164 MEMORANDUM-DECISION AND ORDER denying 88 Motion to Compel,except Plaintiff shall provide a response to Interrogatory No.1 and thedocuments for Demand to Produce No.1, on or before 2/11/08. Signed byJudge Randolph F. Treece on 1/8/08. (ban) (Entered: 01/15/2008)01/15/2008 165 ORDER TAKING APPEALS OF MAGISTRATE JUDGE DECISION ONSUBMIT 161 APPEAL OF MAGISTRATE JUDGE DECISION to DistrictCourt by David J. Swartz, Neal Schoen, Eliot Spitzer re 157 Order on Motionto Compel APPEAL OF MAGISTRATE JUDGE DECISION to DistrictCourt by David J. Swartz, Neal Schoen, Eliot Spitzer re 157 Order on Motionto Compel, 162 APPEAL OF MAGISTRATE JUDGE DECISION to DistrictCourt by George E. Pataki re 157 Order on Motion to Compel APPEAL OFMAGISTRATE JUDGE DECISION to District Court by George E. Pataki re157 Order on Motion to Compel: No oral argument shall be heard and no

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reply papers will be accepted without prior pennission of the Court. Courtfurther orders that the opposition papers as to both appeals shall beelectronically filed with the Court no later than 4:00pm on Monday, January28,2008. Ordered by Judge Neal P. McCum on 1115/2008. (ptm,) (Entered:01/1512008)

01/15/2008 166 NOTICE by George E. Pataki re 162 APPEAL OF MAGISTRATE JUDGEDECISION to District Court by George E. Pataki re 157 Order on Motion toCompel APPEAL OF MAGISTRATE JUDGE DECISION to District Courtby George E. Pataki re 157 Order on Motion to Compel Appendix OfCasesAnnexed To Memorandum OfLaw In Support OfDefendant PatakisObjection To And Appeal OfThe Magistrate Judges Memorandum-DecisionAnd Order Dated December 10, 2007 (Lipton, Ira) (Entered: 01115/2008)

01122/2008 167 Letter Motion from Brian W. Raum for Children First Foundation, Inc.requesting Extension of Time to File Opposition to Defendants' Objectionssubmitted to Judge Neal P. McCum. (Raum, Brian) (Entered: 01/22/2008)01124/2008 170 ORDER: granting the # 167 Letter Request, resetting the response deadline tothe # 161 & # 162 APPEALS OF MAGISTRATE JUDGE DECISION to2118/2008. Signed by Judge Neal P. McCum on 1124/2008. Gmb) (Entered:01/25/2008)0112512008 168 Letter Motion from Linda J. Clark for Jill A. Dunn requesting Extension ofTime to File Opposition Papers to State Defendant's Appeal submitted toJudge Neal P. McCum. (Clark, Linda) (Entered: 01125/2008)01/2512008 169 MOTION for Certificate of Appealability Motion Hearing set for 2/26/200810:00 AM in Syracuse before Senior Judge Neal P. McCum. by Jill A. Dunn.(Attachments: # 1 Memorandum of Law) (Clark, Linda) (Entered:

01/25/2008)0112512008 171 ORDER SETTING FILING DATE FOR RESPONSES FOR ALL PARTIESas to: 161 APPEAL OF MAGISTRATE JUDGE DECISION to District Courtby David J. Swartz, Neal Schoen, Eliot Spitzer re 157 Order on Motion toCompel APPEAL OF MAGISTRATE JUDGE DECISION to District Courtby David J. Swartz, Neal Schoen, Eliot Spitzer re l57 Order on Motion toCompel, 162 APPEAL OF MAGISTRATE JUDGE DECISION to DistrictCourt by George E. Pataki re 157 Order on Motion to Compel APPEAL OFMAGISTRATE JUDGE DECISION to District Court by George E. Pataki re157 Order on Motion to Compel: Response to Motion due by 2118/2008.Signed by Judge Neal P. McCum on 112512008. (ptm, ) (Entered: 01125/2008)02/05/2008 172 ORDER TAKING MOTION ON SUBMITTED PAPERS 169 MOTION forCertificate of Appealabil ity: Court further orders that any opposition papersshall be electronically filed with the Court no later than 4:00pm on Friday,February 15 ,2008. No reply papers will be accepted without prior pennission

of the Court. Ordered by Senior Judge Neal P. McCum on 2/5/2008. (ptm, )(Entered: 02/05/2008)02115/2008 173 RESPONSE in Opposition re 169 MOTION for Certificate of Appealabilityfiled by Children First Foundation, Inc .. (Shafer, Jeffrey) (Entered:02/1512008)


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02/1512008 174 RESPONSE in Opposition re 162 APPEAL OF MAGISTRATE JUDGEDECISION to District Court by George E. Pataki re 157 Order on Motion toCompel APPEAL OF MAGISTRATE JUDGE DECISION to District Courtby George E. Pataki re 157 Order on Motion to Compel, 161 APPEAL OFMAGISTRATE JUDGE DECISION to District Court by David 1. Swartz,Neal Schoen, Eliot Spitzer re 157 Order on Motion to Compel APPEAL OFMAGISTRATE JUDGE DECISION to District Court by David 1. Swartz,Neal Schoen, Eliot Spitzer re 157 Order on Motion to Compel filed by Jill A.Dunn. (Clark, Linda) (Entered: 02/15/2008)

02/15/2008 175 CERTIFICATE OF SERVICE by Jill A. Dunn re 174 Response inOpposition to Motion" (Clark, Linda) (Entered: 02/15/2008)02/1812008 176 MEMORANDUM OF LAWre 162 Appeal of Magistrate Judge Decision toDistrict Court, 161 Appeal ofMagistrate Judge Decision to District Court,Opposition to Objections filed by Children First Foundation, Inc .. (Raum,Brian) (Entered: 02/1812008)0612012008 177 ORDER affirming in part and reversing in part the # 161 Appeal ofMagistrate Judge Decision by David J. Swartz, Neal Schoen, Eliot Spitzerand the # 162 Appeal ofMagistrate Judge Decision by George E. Pataki; andit is further Ordered that Magistrate Treece's determination that defendantsSwartz, Schoen and Paterson placed qualified immunity at issue and waivedprivilege is Reversed; and it is further Ordered that all remainingdeterminations to which objections have been filed are hereby Affirmed.Signed by Senior Judge Neal P. McCum on 612012008(kee) (Entered:06/20/2008)06/20/2008 178 ORDER denying the # 169 Motion for Certificate ofAppealability. Signed bySenior Judge Neal P. McCum on 6/2012008. (kee) (Entered: 0612012008)07/0712008 179 AMENDED ANSWER to Amended Complaint with Certificate o/Service byJill A. Dunn. (Clark, Linda) (Entered: 07/0712008)03/1112009 180 NOTICE of Appearance by Juan A Skirrow on behalf ofGeorge E. Pataki(Skirrow, Juan) (Entered: 03/1112009)03/26/2009 181 STATUS REPORT by Jill A. Dunn. (Grygiel, Michael) (Entered:03/2612009)03/26/2009 182 NOTICE of Appearance by David M. Cost on behalf of Jill A. Dunn (Cost,David) (Entered: 03126/2009)04/0112009 Minute Entry for proceedings held before Magistrate Judge Randolph F.Treece: Jeffrey Shafer, Esq., Senta Siuda, AAG, Mark McCarthy, Esq. andMichael Grygiel, Esq. participate in Telephone Conference held on 4/112009.(rzh, ) (Entered: 04/01/2009)04/0212009 ORDER AND NOTICE: The Court has received a Status Report filed byDefendant Dunn. Dkt. No. 181 . Defendant Dunn apprised the Court thatcertain depositions are about to occur, and the Court knows that thesedepositions have ensued because of a telephone conference held on April 1,2009. During that telephone conference, the parties alerted the Court that

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Judge McCum had rendered two Memorandum-Decisions and Orders inJune, 2008. Dkt. Nos. 177 & 178 . This Court was unaware of those events,primarily due to a malfunction with the ECF. After reviewing the case docket,it has come to the Court's attention that we need to revisit the SchedulingOrder. The last Order which dealt with scheduling was issued on February 23,2007, Dkt. No. 62 , and all ofthose deadlines have expired. Thus it isincumbent upon the Court and the parties to discuss the Uniform PretrialScheduling Order. Therefore, the parties are directed to electronically file allof the dates and times that they may be available for a telephone conferenceto address the Scheduling Order. This Court is available for a telephoneconference on April 13, 14, 17,20-24, and 27-30. The parties immediateattention is requested. IT IS SO ORDERED. Signed by Magistrate JudgeRandolph F. Treece on 4/2/09. (Treece, Randolph) (Entered: 04/02/2009)

04/03/2009 183 LETTER BRIEF regarding availability for conference call by David J.Swartz, Neal Schoen, David A. Paterson. (Siuda, Senta) (Entered:04/03/2009)04/03/2009 184 STATUS REPORT by Jill A. Dunn. (Grygiel, Michael) (Entered:04/03/2009)04/03/2009 185 NOTICE by Children First Foundation, Inc. regarding availability fortelephone conference (Shafer, Jeffrey) (Entered: 04/03/2009)04/03/2009 186

Children First-Form C With Attachments

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