Roman Catholic Archdiocese of New York et al v. Sebelius et al
New York Catholic Church groups sue the U.S. Dept. of Health and Human Services over the Obama administrationâs rule that employees of religious groups have health insurance that covers contraception.
| Catholic Charities of the Diocese of Rockville Centre, Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York and Roman Catholic Diocese of Rockville Centre, New York |
| Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor and U.S. Department of Treasury |
| 1:2012cv02542 |
| May 21, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Brian M. Cogan |
| Civil Rights: Other |
| 05 U.S.C. § 702 Administrative Procedure Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 26, 2014. A more recent docket listing may be available from PACER.
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| NOTICE re 118 Notice of Appeal. Case Manger at USCA contacted Attorney Julie Gorla, requesting that the District Court note on the Docket Sheet revisions pertaining to Roman Catholic Diocese of Rockville Center. The Amended Complaint filed on 8/14/2013, Doc. 69, names this party as a plaintiff again. The date of the revision 3/13/14 and confirmation of action was pursuant to Docketing Supervisor for EDNY. (McGee, Mary Ann) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. 118 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann) |
| Filing 118 NOTICE OF APPEAL 116 Memo and Order 117 Judgment by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. Service done electronically. (Berwick, Benjamin) Modified on 2/12/2014 (McGee, Mary Ann). |
| Filing 117 FINAL JUDGMENT AND INJUNCTION. Ordered by Judge Brian M. Cogan on 12/16/2013. (Cogan, Brian) |
Filing 116
MEMORANDUM DECISION AND ORDER granting in part and denying in part 80 85 Motions for Summary Judgment. Ordered by Judge Brian M. Cogan on 12/16/2013. (Cogan, Brian)
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| Filing 115 Letter Defendants' Response to Plaintiffs' Request for Temporary Restraining Order by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Berwick, Benjamin) |
| Filing 114 Letter Requesting Temporary Restraining Order by Cardinal Spellman High School, Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York (Geremia, Todd) |
| Filing 113 NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury re 110 Notice(Other) Response to Plaintiffs' Notice of Supplemental Authority (Berwick, Benjamin) |
| Filing 112 REPLY in Support re 85 MOTION for Summary Judgment , REPLY in Opposition re 80 Motion to Dismiss for Failure to State a Claim or, in the Alternative, for Summary Judgment , RESPONSE to Defendants' Sur-Reply, filed by All Plaintiffs. (Geremia, Todd) |
| Filing 111 REPLY in Opposition re 85 MOTION for Summary Judgment , REPLY in Support re 80 Motion to Dismiss for Failure to State a Claim or, in the Alternative, for Summary Judgment filed by All Defendants. (Berwick, Benjamin) |
| Filing 110 NOTICE by Cardinal Spellman High School, Catholic Health Care System, Catholic Health Services of Long Island, Monsignor Farrell High School, Roman Catholic Archdiocese of New York of Supplemental Authority (Geremia, Todd) |
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ORDER granting in part defendants' 108 Motion for Leave to File Sur-Reply. Defendants' brief, of no more than three pages, will be filed by 11/22/2013; plaintiffs' three page response to the sur-reply is due 11/27/2013. Because defendants state that they do not wish to brief the issue, the Court deems defendants' letter as amending their motion to dismiss to apply the standing arguments from their Reply to plaintiffs ArchCare and CHSLI. Ordered by Judge Brian M. Cogan on 11/19/2013. (Weisberg, Peggy)
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| Filing 109 RESPONSE to Motion re 108 Letter MOTION for Leave to File Sur-Reply and Motion to Dismiss filed by All Plaintiffs. (Geremia, Todd) |
| Filing 108 Letter MOTION for Leave to File Sur-Reply and Motion to Dismiss by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (Berwick, Benjamin) |
| Filing 107 AFFIDAVIT/DECLARATION in Support re 85 MOTION for Summary Judgment of Monsignor Edmund J. Whalen filed by Monsignor Farrell High School. (Gorla, Julie) |
| Filing 106 AFFIDAVIT/DECLARATION in Support re 85 MOTION for Summary Judgment of Father Trevor Nicholls filed by Cardinal Spellman High School. (Gorla, Julie) |
| Filing 105 AFFIDAVIT/DECLARATION in Support re 85 MOTION for Summary Judgment of Richard J.J. Sullivan, Jr. filed by Catholic Health Services of Long Island. (Gorla, Julie) |
| Filing 104 AFFIDAVIT/DECLARATION in Support re 85 MOTION for Summary Judgment of Monsignor Gregory Mustaciuolo filed by Catholic Health Care System. (Gorla, Julie) |
| Filing 103 AFFIDAVIT/DECLARATION in Support re 85 MOTION for Summary Judgment of Most Reverend Robert J. Brennan filed by Roman Catholic Diocese of Rockville Centre, New York. (Gorla, Julie) |
| Filing 102 AFFIDAVIT/DECLARATION in Support re 85 MOTION for Summary Judgment of Bishop Gerald Walsh filed by Roman Catholic Archdiocese of New York. (Gorla, Julie) |
| Filing 101 REPLY in Support re 85 MOTION for Summary Judgment filed by All Plaintiffs. (Gorla, Julie) |
| Filing 100 REPLY in Support re 80 Motion to Dismiss for Failure to State a Claim or, in the Alternative, for Summary Judgment filed by All Defendants. (Berwick, Benjamin) |
| Filing 99 MEMORANDUM in Opposition re 85 MOTION for Summary Judgment filed by All Defendants. (Attachments: # 1 Rule 56.1 Statement Response) (Berwick, Benjamin) |
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ORDER re 98 Letter. The revised briefing schedule proposed by the parties is acceptable. However, since both sides intend to move for summary judgment, they might consider whether to use their Local Rule 56.1 statements, either separately or combined upon consultation, as a basis for a submitted trial on stipulated facts (reserving their right to argue that certain stipulated facts, though true, are not relevant or material). In other words, the Court could deem the submissions on their motions for summary judgment to constitute a trial on stipulated facts, thus eliminating some procedural issues that might arise in the context of motions for summary judgment, but the Court would of course only do that if the parties mutually agree to it. The parties need not notify the Court if they want to do this until after submission of the final set of papers; the Court will assume they do not mutually agree unless it hears otherwise. Ordered by Judge Brian M. Cogan on 10/18/2013. (Weisberg, Peggy)
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| Filing 98 Letter Regarding Restoration of Appropriations by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Berwick, Benjamin) |
| Filing 97 NOTICE by American Civil Liberties Union Foundation Brief of Amici Curiae ACLU and NYCLU in Opposition to Plaintiffs' Motion for Preliminary Injunction and in Support of Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment (Lee, Jennifer) |
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ORDER granting 83 Motion for leave to file Amicus Curiae Brief and 95 Motion to Stay All Briefing Deadlines Pending Restoration of Appropriations. The ACLU is granted leave to file its brief as Amicus Curiae. All outstanding briefing deadlines are hereby stayed until appropriations are restored. Plaintiffs' motion for a preliminary injunction at 72 is fully briefed and thus not subject to this Order. Ordered by Judge Brian M. Cogan on 10/4/2013. (Weisberg, Peggy)
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| Filing 96 Letter Response to Motion to Stay by Cardinal Spellman High School, Catholic Health Care System, Catholic Health Services of Long Island, Monsignor Farrell High School, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York (Geremia, Todd) |
| Filing 95 Letter MOTION to Stay All Briefing Deadlines Pending Restoration of Appropriations by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (Berwick, Benjamin) |
| Filing 94 NOTICE by Cardinal Spellman High School, Catholic Health Care System, Catholic Health Services of Long Island, Monsignor Farrell High School, Roman Catholic Archdiocese of New York of filing Corrected Supplemental Appendix Index (Vol. I) (Gorla, Julie) |
| Filing 93 NOTICE by Cardinal Spellman High School, Catholic Health Care System, Catholic Health Services of Long Island, Monsignor Farrell High School, Roman Catholic Archdiocese of New York of Filing of Supplemental Appendix Vol. V (Geremia, Todd) |
| Filing 92 NOTICE by Cardinal Spellman High School, Catholic Health Care System, Catholic Health Services of Long Island, Monsignor Farrell High School, Roman Catholic Archdiocese of New York of Filing of Supplemental Appendix Vol. IV (Geremia, Todd) |
| Filing 91 NOTICE by Cardinal Spellman High School, Catholic Health Care System, Catholic Health Services of Long Island, Monsignor Farrell High School, Roman Catholic Archdiocese of New York re 88 Memorandum in Support of Filing of Supplemental Appendix Vol. III (Geremia, Todd) |
| Filing 90 NOTICE by Cardinal Spellman High School, Catholic Health Care System, Catholic Health Services of Long Island, Monsignor Farrell High School, Roman Catholic Archdiocese of New York re 88 Memorandum in Support of Filing of Supplemental Appendix Vol. II (Geremia, Todd) |
| Filing 89 NOTICE by Cardinal Spellman High School, Catholic Health Care System, Catholic Health Services of Long Island, Monsignor Farrell High School, Roman Catholic Archdiocese of New York re 88 Memorandum in Support of Filing of Supplemental Appendix Vol. I (Geremia, Todd) |
| Filing 88 MEMORANDUM in Support re 72 Notice of MOTION for Preliminary Injunction , 85 MOTION for Summary Judgment and In Opposition to Defendants' Motion for Summary Judgment filed by All Plaintiffs. (Geremia, Todd) |
| Filing 87 RULE 56.1 STATEMENT re 80 Motion to Dismiss for Failure to State a Claim or, in the Alternative, for Summary Judgment Response to Defendants' Rule 56.1 Statement filed by All Plaintiffs. (Geremia, Todd) |
| Filing 86 RULE 56.1 STATEMENT re 85 MOTION for Summary Judgment filed by Cardinal Spellman High School, Catholic Charities of the Diocese of Rockville Centre, Catholic Health Care System, Catholic Health Services of Long Island, Monsignor Farrell High School, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York. (Geremia, Todd) |
| Filing 85 MOTION for Summary Judgment by Cardinal Spellman High School, Catholic Charities of the Diocese of Rockville Centre, Catholic Health Care System, Catholic Health Services of Long Island, Monsignor Farrell High School, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York. (Geremia, Todd) |
| Filing 84 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6447940. by American Civil Liberties Union Foundation. (Attachments: # 1 Affidavit in Support Affidavit of Daniel Mach in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Proposed Order) (Lee, Jennifer) |
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ORDER granting 84 Motion for Daniel Mach to appear Pro Hac Vice as counsel for amici curiae, The American Civil Liberties Union Foundation and the New York Civil Liberties Union Foundation. Ordered by Judge Brian M. Cogan on 9/23/2013. (Weisberg, Peggy)
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| Filing 83 MOTION for Leave to File Amicus Curiae Brief by American Civil Liberties Union Foundation. (Attachments: # 1 Memorandum in Support Memorandum in Support of Motion for Leave to Participate as Amici Curiae, # 2 Affidavit in Support Affirmation of Jennifer Lee, # 3 Memorandum in Opposition Amicus Curiae Brief, # 4 Proposed Judgment Proposed Order) (Lee, Jennifer) |
| Filing 82 Corporate Disclosure Statement by American Civil Liberties Union Foundation (Lee, Jennifer) |
| Filing 81 NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury of Filing of Joint Appendix (Attachments: # 1 Appendix Part 1 (Pages 1-609), # 2 Appendix Part 2 (Pages 610-1100)) (Berwick, Benjamin) |
| Filing 80 Motion to Dismiss for Failure to State a Claim or, in the Alternative, for Summary Judgment by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (Attachments: # 1 Memorandum in Support, # 2 Rule 56.1 Statement) (Berwick, Benjamin) |
| Filing 79 MEMORANDUM in Opposition re 72 Notice of MOTION for Preliminary Injunction filed by All Defendants. (Berwick, Benjamin) |
| Filing 78 Letter requesting clarification regarding appendix by Cardinal Spellman High School, Catholic Health Care System, Catholic Health Services of Long Island, Timothy Geithner, Monsignor Farrell High School, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Attachments: # 1 Exhibit A) (Rosselot, Julie) |
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ORDER re 78 Joint Letter. Defendants' interpretation of the Order is correct in context, but since plaintiffs' approach will make it easier for the Court, the Court adopts plaintiffs' approach, which is of course without prejudice to defendants' contention that materials outside the administrative record should not be considered. Ordered by Judge Brian M. Cogan on 9/11/2013. (Cogan, Brian)
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| Filing 77 NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury of Filing of Administrative Record (Attachments: # 1 Exhibit Certification of Administrative Record, # 2 Exhibit Index of Administrative Record) (Berwick, Benjamin) |
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ORDER granting 76 Joint Motion for Leave to File Excess Pages. Ordered by Judge Brian M. Cogan on 8/28/2013. (Clarke, Melonie)
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| Filing 76 Joint MOTION for Leave to File Excess Pages by Cardinal Spellman High School, Catholic Charities of the Diocese of Rockville Centre, Catholic Health Care System, Catholic Health Services of Long Island, Timothy Geithner, Monsignor Farrell High School, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (Berwick, Benjamin) |
| Filing 75 Letter by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Berwick, Benjamin) |
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ORDER re 75 Letter filed by defendants. The request not to file the entire administrative record on line is granted in part. Defendants shall file a CD Rom containing the record with the Clerk and courtesy copy of the CD-Rom shall be delivered to Chambers. In addition, defendants shall confer with plaintiffs and file on ECF an Appendix containing all materials cited by either party in their briefs. If the timing of filing the briefs requires it, a supplemental appendix or appendices shall be filed on ECF so that all citations to the administrative record contained in the briefs are online. Each appendix or supplemental appendix shall have a table of contents and each page shall be numbered consecutively. In other words, do what you would do with a record on appeal. Ordered by Judge Brian M. Cogan on 8/28/2013. (Cogan, Brian)
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| Filing 74 AFFIDAVIT/DECLARATION in Support re 72 Notice of MOTION for Preliminary Injunction filed by Cardinal Spellman High School, Catholic Health Care System, Catholic Health Services of Long Island, Monsignor Farrell High School, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York. (Attachments: # 1 Exhibit 1) (Geremia, Todd) |
| Filing 73 MEMORANDUM in Support re 72 Notice of MOTION for Preliminary Injunction filed by Cardinal Spellman High School, Catholic Health Care System, Catholic Health Services of Long Island, Monsignor Farrell High School, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Geremia, Todd) |
| Filing 72 Notice of MOTION for Preliminary Injunction by Cardinal Spellman High School, Catholic Health Care System, Catholic Health Services of Long Island, Monsignor Farrell High School, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York. (Geremia, Todd) |
| Filing 71 Corporate Disclosure Statement by Monsignor Farrell High School (Geremia, Todd) |
| Filing 70 Corporate Disclosure Statement by Cardinal Spellman High School (Geremia, Todd) |
| Filing 69 AMENDED COMPLAINT against All Defendants, filed by Roman Catholic Diocese of Rockville Centre, New York, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Catholic Health Care System, Cardinal Spellman High School, Monsignor Farrell High School. (Geremia, Todd) |
| Filing 68 Letter by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Berwick, Benjamin) |
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Filing 67
ORDER: re 66 . The schedule is approved, with the understanding that the Court cannotcommit to meet the parties' preferred schedule for a decision, although it willattempt to. In addition,the Court assumes that neither party is requesting anevidentiary hearing or discovery on the preliminary injunction motion and bothparties consent to the determination of that motion on the papers that will besubmitted. Finally, it seems that defendants' pending motion for reconsiderationshould be denied as moot, without prejudice to challenging standing (or raisingany other available defenses) under the amended complaint in their motion todismiss or for summary judgment. If that is not the case, defendants shouldadvise the Court now. Ordered by Judge Brian M. Cogan on 7/25/2013. (Siegfried, Evan)
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ORDER denying 41 Motion for Reconsideration as moot without prejudice. Ordered by Judge Brian M. Cogan on 7/25/2013. (Weisberg, Peggy)
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| Filing 66 Letter in Joint Submission Regarding Parties' Proposed Schedule by Catholic Charities of the Diocese of Rockville Centre, Catholic Health Care System, Catholic Health Services of Long Island, Timothy Geithner, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Smith, Patrick) |
| Filing 65 Letter by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Berwick, Benjamin) |
| Filing 64 Letter by Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York (Geremia, Todd) |
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ORDER as to 64 65 plaintiffs' and defendants' letter. Missing from plaintiffs' request is any indication as to whether defendants have been consulted and consent to the amendment and proposed schedule. The Court cannot rule on this without knowing defendants' position. It is the Court's preference to allow plaintiffs to file an amended complaint and have the briefing schedule that they have proposed, but if defendants would rather argue futility in the context of Rule 15 (which, despite plaintiffs assertion, the Court believes could be raised against a proposed amended complaint) rather than lack of plausibility or viability under Rule 12(b) (the former standard seems at least technically more difficult for defendants), then the Court is not going to allow the amendment ex parte without hearing from defendants. If defendants oppose the amendment, plaintiffs are granted leave to move to amend along they lines they suggest, anticipating, as does their letter, defendants' futility argument. Ordered by Judge Brian M. Cogan on 7/12/2013. (Weisberg, Peggy)
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| Filing 63 Letter regarding promulgation of Final Rules by Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Geremia, Todd) |
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ORDER as to 63 plaintiffs' letter regarding the promulgation of Final Rules. Both sides are directed to file a letter of no more than 3 pages by 7/12/2013 advising the Court of how they intend to proceed in light of the newly-promulgated Final Rules. The stay in this matter will remain in place through 7/12/2013. Ordered by Judge Brian M. Cogan on 7/1/2013. (Weisberg, Peggy)
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| Filing 62 STATUS REPORT by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Berwick, Benjamin) |
| Filing 61 Letter Response to Emergency Motion to Halt Proceedings and Dismiss Case by Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York (Geremia, Todd) |
| Filing 60 Letter EMERGENCY MOTION to Halt Proceedings and Dismiss Case by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Attachments: # 1 Exhibit 1 - Cohen Declaration, # 2 Exhibit 2 - Lyons Declaration, # 3 Exhibit 3 - Williams Declaration, # 4 Exhibit 4 - Cantwell Declaration, # 5 Exhibit 5 - Melcher Declaration, # 6 Exhibit 6 - Stein Declaration, # 7 Exhibit 7 - Craig Declaration, # 8 Exhibit 8 - Berwick Declaration, # 9 Exhibit 9 - Plaintiffs' RFPs, # 10 Exhibit 10 - Plaintiffs' Interrogatories, # 11 Exhibit 11 - Plaintiffs' RFAs) (Berwick, Benjamin) |
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ORDER re 60 defendants' emergency motion to halt proceedings. The motion is granted in part. All proceedings and discovery are stayed pending the completion of the agency defendants' current rulemaking proceedings. Defendants shall provide the Court with a written update on the status of the rulemaking every 60 days. The Court will consider the representations made by defendants in this motion as to the non-enforceability of the current regulations against plaintiffs in the context of its consideration of defendants motion for reconsideration or certification of an interlocutory appeal. Ordered by Judge Brian M. Cogan on 4/24/2013. (Palmieri, Michael)
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| Filing 59 NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury re 41 MOTION for Reconsideration re 37 Order on Motion to Dismiss/Lack of Jurisdiction, or, In the Alternative, for Certification Under 28 U.S.C. Section 1292(b) Permitting Immediate Appeal Supplemental Authority (Berwick, Benjamin) |
| Filing 58 NOTICE by Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York re 57 Notice(Other), 56 Notice(Other), Response to Defendants' Notices of Supplemental Authority (Geremia, Todd) |
| Filing 57 NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury re 41 MOTION for Reconsideration re 37 Order on Motion to Dismiss/Lack of Jurisdiction, or, In the Alternative, for Certification Under 28 U.S.C. Section 1292(b) Permitting Immediate Appeal Supplemental Authority (Berwick, Benjamin) |
| Filing 56 NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury re 41 MOTION for Reconsideration re 37 Order on Motion to Dismiss/Lack of Jurisdiction, or, In the Alternative, for Certification Under 28 U.S.C. Section 1292(b) Permitting Immediate Appeal Supplemental Authority (Attachments: # 1 Exhibit Wenski v. Sebelius) (Berwick, Benjamin) |
| Filing 55 Letter Regarding Discovery Dispute by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Berwick, Benjamin) |
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ORDER as to 55 Letter. Plaintiffs' motion to compel is denied and defendants' motion for a protective order is granted. Plaintiffs' request for the Secretary's deposition is premature, if it is even appropriate at all. To the extent the Secretary's motivation may become significant, plaintiffs' discovery should initially focus on the facts of who said what to whom and when, including statements made to and by the Secretary, which are likely to elicit such motivational information. In addition to documentary evidence, other witnesses can testify about the Secretary's public and internal statements as well as her participation in the events at issue. After that discovery is exhausted, the Court may reconsider whether there remains any need for the Secretary's examination. But, at this stage, the Court is not prepared to find that the motivation of the Secretary justifies the deposition of the head of a cabinet-level department. Ordered by Judge Brian M. Cogan on 3/25/2013. (Weisberg, Peggy)
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| Filing 54 ANSWER to 1 Complaint, by All Defendants. (Berwick, Benjamin) |
| Filing 53 Letter re 50 Letter Requesting Expedited Consideration of Defendants' Motion for Reconsideration or, in the Alternative, for Certification Under 28 U.S.C. Section 1292(b) Permitting Immediate Appeal by Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York (Geremia, Todd) |
| Filing 52 Letter Regarding Parties' Resolution of Dispute Over Extension of Time to Produce Documents and Withdrawal of 47 Letter Motion by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Berwick, Benjamin) |
| Filing 51 RESPONSE in Opposition re 47 Letter MOTION for Extension of Time to Complete Discovery Production of Documents Used To Prepare Deponent filed by Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York. (Geremia, Todd) |
| Filing 50 Letter Requesting Expedited Consideration of Defendants' Motion for Reconsideration or, in the Alternative, for Certification Under 28 U.S.C. Section 1292(b) Permitting Immediate Appeal by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Berwick, Benjamin) |
| Filing 49 NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury re 46 Notice(Other), 48 Notice(Other) Defendants' Reply to Plaintiffs' Response to Notice of Supplemental Authority (Berwick, Benjamin) |
| Filing 48 NOTICE by Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York re 46 Notice(Other), Response to Defendants' Notice of Supplemental Authority (Geremia, Todd) |
| Filing 47 Letter MOTION for Extension of Time to Complete Discovery Production of Documents Used To Prepare Deponent by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (Berwick, Benjamin) |
| Filing 46 NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury re 41 MOTION for Reconsideration re 37 Order on Motion to Dismiss/Lack of Jurisdiction, or, In the Alternative, for Certification Under 28 U.S.C. Section 1292(b) Permitting Immediate Appeal Supplemental Authority (Berwick, Benjamin) |
| Filing 45 REPLY in Support re 41 MOTION for Reconsideration re 37 Order on Motion to Dismiss/Lack of Jurisdiction, or, In the Alternative, for Certification Under 28 U.S.C. Section 1292(b) Permitting Immediate Appeal filed by All Defendants. (Attachments: # 1 Exhibit Bishop Conlon v. Sebelius) (Berwick, Benjamin) |
| Filing 44 EXHIBIT A by Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York. Related document: 43 Memorandum in Opposition, filed by Catholic Health Services of Long Island, Roman Catholic Diocese of Rockville Centre, New York, Catholic Health Care System, Roman Catholic Archdiocese of New York, Catholic Charities of the Diocese of Rockville Centre. (Geremia, Todd) |
| Filing 43 MEMORANDUM in Opposition re 41 MOTION for Reconsideration re 37 Order on Motion to Dismiss/Lack of Jurisdiction, or, In the Alternative, for Certification Under 28 U.S.C. Section 1292(b) Permitting Immediate Appeal filed by All Plaintiffs. (Geremia, Todd) |
| Filing 42 Letter MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Reconsideration by Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York. (Geremia, Todd) |
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ORDER granting 42 Motion. Plaintiffs' response to defendants' motion for reconsideration due by 2/1/13; defendants' reply due by 2/8/13. Ordered by Judge Brian M. Cogan on 1/23/2013. (Weisberg, Peggy)
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| Filing 41 MOTION for Reconsideration re 37 Order on Motion to Dismiss/Lack of Jurisdiction, or, In the Alternative, for Certification Under 28 U.S.C. Section 1292(b) Permitting Immediate Appeal by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Gary M. Cohen, # 3 Exhibit Wheaton College v. Sebelius, # 4 Exhibit Catholic Diocese of Biloxi v. Sebelius) (Berwick, Benjamin) |
| MINUTE ENTRY for Status Conference held before Judge Brian M. Cogan on January 7, 2013. Both sides present. Plaintiffs may take the the deposition of the designated deponent of the U.S. Department of Health and Human Services ("HHS") on or after March 25, 2013. Defendants shall produce the non-privileged documents used or referred to prepare that witness on the topics agreed to by the parties by March 15, 2013. Defendants shall produce documents on a rolling basis and shall complete document production by June 7, 2013. To the extent that defendants claim the deliberative process privilege over any requested documents, defendants shall produce a privilege log detailing at least some of their deliberative process claims no later than April 30, 2013. Depositions, other than the deposition of HHS's designated witness, may be taken at plaintiffs' request at any time between March 25, 2013 and August 9, 2013. The parties' motions for summary judgment, if they chose to file them, shall be submitted by August 16, 2013, with opposition briefs filed by September 16, 2013, and reply briefs filed by September 30, 2013. If the parties agree to a different discovery and/or briefing schedule, they may jointly submit any proposed schedule to the Court for approval. (Weisberg, Peggy) |
| Filing 40 Letter MOTION to Adjourn Conference until the week of January 7, 2013 by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (Berwick, Benjamin) |
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ORDER granting 40 Motion to Adjourn Conference to 1/7/13 at 4:30 pm. Ordered by Judge Brian M. Cogan on 12/27/2012. (Cogan, Brian)
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| Filing 39 Letter Requesting Conference Pursuant to Fed. R. Civ. P. 26(f) by Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York (Geremia, Todd) |
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SCHEDULING ORDER: re 39 Letter filed by plaintiffs.Discovery conference set for 1/2/2013 11:30 AM in Chambers. Ordered by Judge Brian M. Cogan on 12/26/2012. (Cogan, Brian)
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| Filing 38 Letter MOTION for Extension of Time to File Motion to Reconsider by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (Berwick, Benjamin) |
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ORDER as to 38 defendants' motion for an extension of time to file their motion for reconsideration. The Court grants the motion and waives the pre-motion letter and conference requirement. Defendants shall submit their motion for reconsideration by January 11, 2013. Ordered by Judge Brian M. Cogan on 12/6/2012. (Weisberg, Peggy)
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Filing 37
MEMORANDUM DECISION AND ORDER: Defendants' motion to dismiss for lack of jurisdiction 16 is granted in part and denied in part. The claims of the Diocese and Catholic Charities are dismissed for lack of standing. Defendants' motion is otherwise denied. So Ordered by Judge Brian M. Cogan on 12/4/2012. (Lee, Tiffeny)
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| Filing 36 NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury re 16 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Attachments: # 1 Exhibit Zubik v. Sebelius) (Berwick, Benjamin) |
| Filing 35 NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury re 16 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Attachments: # 1 Exhibit Catholic Diocese of Nashville v. Sebelius) (Berwick, Benjamin) |
| Filing 34 NOTICE by Catholic Charities of the Diocese of Rockville Centre, Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York re 33 Notice(Other), Response to Defendants Notice of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Geremia, Todd) |
| Filing 33 NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury re 16 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Berwick, Benjamin) |
| Filing 32 REPORT of Rule 26(f) Planning Meeting (Geremia, Todd) |
| Filing 31 NOTICE of Appearance by Toni-Ann Citera on behalf of All Plaintiffs (aty to be noticed) (Citera, Toni-Ann) |
| Filing 30 REPLY in Support re 16 MOTION to Dismiss for Lack of Jurisdiction filed by All Defendants. (Berwick, Benjamin) |
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ORDER granting 29 Motion to file a reply brief in excess of 10 page limit, not to exceed 15 pages. Ordered by Judge Brian M. Cogan on 9/19/2012. (Weisberg, Peggy)
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| Filing 29 Letter MOTION for Leave to File Excess Pages by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (Berwick, Benjamin) |
| Filing 28 SUMMONS Returned Executed by Roman Catholic Diocese of Rockville Centre, New York, Catholic Charities of the Diocese of Rockville Centre, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Catholic Health Care System. Timothy Geithner served on 5/25/2012, answer due 7/24/2012. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rosselot, Julie) |
| Filing 27 SUMMONS Returned Executed by Roman Catholic Diocese of Rockville Centre, New York, Catholic Charities of the Diocese of Rockville Centre, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Catholic Health Care System. U.S. Department of Treasury served on 5/25/2012, answer due 7/24/2012. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rosselot, Julie) |
| Filing 26 AFFIDAVIT/DECLARATION in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction filed by Catholic Charities of the Diocese of Rockville Centre, Roman Catholic Diocese of Rockville Centre, New York. (Rosselot, Julie) |
| Filing 25 AFFIDAVIT/DECLARATION in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction filed by Catholic Health Services of Long Island. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Rosselot, Julie) |
| Filing 24 AFFIDAVIT/DECLARATION in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction filed by Catholic Health Care System. (Attachments: # 1 Exhibit A) (Rosselot, Julie) |
| Filing 23 AFFIDAVIT/DECLARATION in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction filed by Roman Catholic Archdiocese of New York. (Rosselot, Julie) |
| Filing 22 MEMORANDUM in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. (Rosselot, Julie) |
| Filing 21 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5679435. by American Center for Law & Justice. (Attachments: # 1 Affidavit in Support, # 2 Exhibit Certificate of Good Standing CA, # 3 Exhibit Certificate of Good Standing TN, # 4 Exhibit Certificate of Good Standing MO, # 5 Proposed Order) (Noland-Heil, Cecilia) |
| Filing 20 NOTICE by American Center for Law & Justice Amici Curiae Brief in Support of Plaintiffs Filed by the American Center for Law & Justice and Seventy-Nine (79) Members of the United States Congress (Merkl, Neil) |
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ORDER granting 21 Motion for Cecilia Noland-Heil to appear pro hac vice as counsel or advocate for amici curiae, The American Center for Law & Justice. Ordered by Judge Brian M. Cogan on 8/21/2012. (Weisberg, Peggy)
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| Filing 19 MOTION for Leave to File Amici Curiae Brief by American Center for Law & Justice. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Cecilia D. Noland-Heil, # 3 Proposed Amici Curiae Brief, # 4 Proposed Order) (Merkl, Neil) |
| Filing 18 Corporate Disclosure Statement by American Center for Law & Justice (Merkl, Neil) |
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ORDER granting 19 Motion for Leave to File Amicus Brief. Ordered by Judge Brian M. Cogan on 8/20/2012. (Cogan, Brian)
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ORDER regarding 16 Motion to Dismiss for Lack of Jurisdiction. Defendants' request to stay discovery pending determination of their motion is denied. At this stage, the Court cannot conclude that defendants have made the required showing for such relief. Ordered by Judge Brian M. Cogan on 8/12/2012. (Cogan, Brian)
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| Filing 17 Letter Brief in Opposition to Defendants' Request for a Stay of Discovery by Catholic Charities of the Diocese of Rockville Centre, Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York (Smith, Patrick) |
| Filing 16 MOTION to Dismiss for Lack of Jurisdiction by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. Responses due by 8/27/2012 (Attachments: # 1 Memorandum in Support) (Berwick, Benjamin) |
| Minute Entry for Initial Status Conference held before Judge Brian M. Cogan on June 28, 2012. Defendants' proposed motion to dismiss the complaint is due by August 6, 2012. If plaintiffs wish to file opposition papers addressing defendants' motion to stay discovery pending this Court's adjudication of defendants' motion to dismiss, plaintiffs' opposition papers regarding the stay are due by August 10, 2012. Opposition to defendants' motion to dismiss is due by August 27, 2012; defendants' reply is due within 28 days of plaintiffs' opposition. (Viglietta, Emily) |
| Filing 15 NOTICE of Appearance by Benjamin Berwick on behalf of All Defendants (aty to be noticed) (Berwick, Benjamin) |
| Filing 14 AFFIDAVIT of Service for Summons and Complaint served on Eric H. Holder, Jr., Attorney General of the United States on 5/29/2012, filed by Catholic Charities of the Diocese of Rockville Centre, Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rosselot, Julie) |
| Filing 13 SUMMONS Returned Executed by Roman Catholic Diocese of Rockville Centre, New York, Catholic Charities of the Diocese of Rockville Centre, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Catholic Health Care System. U.S. Department of Labor served on 6/1/2012, answer due 7/31/2012. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rosselot, Julie) |
| Filing 12 AFFIDAVIT of Service for Summons and Complaint served on Civil Process Clerk, U.S. Attorney's Office on 5/24/2012, filed by Catholic Charities of the Diocese of Rockville Centre, Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rosselot, Julie) |
| Filing 11 SUMMONS Returned Executed by Roman Catholic Diocese of Rockville Centre, New York, Catholic Charities of the Diocese of Rockville Centre, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Catholic Health Care System. U.S. Department of Health and Human Services served on 5/25/2012, answer due 7/24/2012. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rosselot, Julie) |
| Filing 10 SUMMONS Returned Executed by Roman Catholic Diocese of Rockville Centre, New York, Catholic Charities of the Diocese of Rockville Centre, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Catholic Health Care System. Kathleen Sebelius served on 5/25/2012, answer due 7/24/2012. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rosselot, Julie) |
| Filing 9 SUMMONS Returned Executed by Roman Catholic Diocese of Rockville Centre, New York, Catholic Charities of the Diocese of Rockville Centre, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Catholic Health Care System. Hilda Solis served on 5/25/2012, answer due 7/24/2012. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rosselot, Julie) |
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SCHEDULING ORDER: Counsel for all parties are directed to appear before the Honorable Brian M. Cogan for an Initial Status Conference on 6/28/2012 at 10:00 am in Chambers 704S. Principal trial counsel must appear at this and all subsequent conferences. Plaintiffs' counsel is directed to notify all attorneys in this action of the conference schedule in writing. Counsel is directed to review Judge Cogan's Individual Practices, which may be obtained on the Court's website at http://www.nyed.uscourts.gov/pub/rules/BMC-MLR.pdf. Requests for adjournment of the conference will be considered only if made in writing and otherwise in accordance with Judge Cogan's rules. Ordered by Judge Brian M. Cogan on 5/22/2012. (Weisberg, Peggy)
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| Filing 1 COMPLAINT against All Defendants Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Roman Catholic Diocese of Rockville Centre, New York, Catholic Charities of the Diocese of Rockville Centre, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Catholic Health Care System. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) |
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