Roberts et al v. Bassett et al
Plaintiff: Jonathan Roberts and Charles Vavruska
Defendant: Mary T. Bassett and Department of Health and Mental Hygiene of the City of New York
Amicus Curiae: National Medical Association, American Medical Association, Medical Society of the State of New York, American College of Physicians, American Public Health Association, Council of Medical Specialty Societies, 1199SEIU United Healthcare Workers East, Community Service Society of New York, Inc., Housing Works, Callen-Lorde Community Health Center and medical and health equity professionals and academics
Case Number: 1:2022cv00710
Filed: February 8, 2022
Court: US District Court for the Eastern District of New York
Presiding Judge: Nicholas G Garaufis
Referring Judge: Robert M Levy
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 1983 Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 24, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 24, 2022 Electronic Index to Record on Appeal sent to US Court of Appeals. #36 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. (Jones, Vasean)
March 23, 2022 Filing 36 NOTICE OF APPEAL as to #35 Order on Motion to Certify FLSA Collective Action,, Order on Motion for Preliminary Injunction, by Jonathan Roberts, Charles Vavruska. Filing fee $ 505, receipt number ANYEDC-15403994. Appeal Record due by 4/6/2022. (Fa, Wencong)
March 15, 2022 Opinion or Order Filing 35 MEMORANDUM & ORDER, For the reasons explained below, this court lacks subject matter jurisdiction over this dispute because Plaintiffs have not demonstrated Article III standing. Thus, as there is no case or controversy before this court, the court declines to consider Plaintiffs' motion for a preliminary injunction, and the case is DISMISSED. So Ordered by Judge Nicholas G. Garaufis on 3/15/2022. (fwd'd for jgm) (Lee, Tiffeny)
March 9, 2022 Filing 34 Letter in Response to Defendants Requests for a Pre-Motion Conference, ECF Nos. 32, 33 by Jonathan Roberts, Charles Vavruska (Fa, Wencong)
March 9, 2022 Opinion or Order ORDER granting #26 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 3/9/2022. (Levy, Robert)
March 9, 2022 Opinion or Order ORDER: Defendants' #32 #33 applications for a pre-motion conference regarding a motion to dismiss and for an extension of the time to answer the Complaint until 45 days after the court has ruled on the motion to dismiss are GRANTED. The parties are DIRECTED to contact the court's Deputy at Joseph_Reccoppa@nyed.uscourts.gov to schedule the pre-motion conference. Ordered by Judge Nicholas G. Garaufis on 3/9/2022. (Katz, Jennifer)
March 8, 2022 Filing 33 MOTION for pre motion conference by Department of Health and Mental Hygiene of the City of New York. (Schonfeld, Samantha)
March 8, 2022 Filing 32 MOTION for pre motion conference re Defendant Commissioner Bassett's Proposed Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) & 12(b)(6) by Mary T. Bassett. (Kandel, Erin)
March 7, 2022 Filing 31 Letter in Response to the Court's March 4, 2022 Electronic Order re: New DOH Guidance by Mary T. Bassett (Attachments: #1 Exhibit A - March 4, 2022 DOH Guidance) (Kandel, Erin)
March 7, 2022 Opinion or Order ORDER: Defendant Commissioner Bassett is DIRECTED to provide a date by which the New York State Department of Health will issue new guidance and whether it will supersede the guidance Plaintiffs seek to enjoin by Tuesday March 8, 2022 at 12pm. Ordered by Judge Nicholas G. Garaufis on 3/7/2022. (Katz, Jennifer)
March 4, 2022 Filing 30 Letter Re: Information Requested by the Court during Oral Argument on Plaintiffs' Motion for a Preliminary Injunction by Mary T. Bassett (Kandel, Erin)
March 4, 2022 Opinion or Order ORDER: The court is in receipt of Defendant Commissioner Bassett's #30 Letter regarding information requested by the court during oral argument on Plaintiffs' motion for a preliminary injunction. Defendant Commissioner Bassett is DIRECTED to promptly provide a date by which the new guidance will be issued and whether it will supersede the guidance Plaintiffs seek to enjoin. Ordered by Judge Nicholas G. Garaufis on 3/4/2022. (Katz, Jennifer)
March 3, 2022 Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Oral argument on Plaintiffs' #19 motion for a preliminary injunction. Counsel for Plaintiffs and counsel for Defendants present in person. The court DIRECTED the parties to promptly submit any supplemental materials requested by the court during the hearing. The court RESERVED decision on the motion for a preliminary injunction. (Court Reporter Avery Armstrong) (Katz, Jennifer)
March 1, 2022 Filing 29 NOTICE of Appearance by Jessica Lynn Katzen on behalf of Department of Health and Mental Hygiene of the City of New York (aty to be noticed) (Katzen, Jessica)
February 28, 2022 Filing 28 AFFIDAVIT/DECLARATION in Support re #19 MOTION for Preliminary Injunction and Memorandum of Law in Support of Motion filed by Jonathan Roberts, Charles Vavruska. (Attachments: #1 Exhibit 1 - Emory University Covid-19 Health Dashboard, #2 Exhibit 2 - CDC Covid Data Tracker, #3 Exhibit 3 - NY State Covid-19 Guidance Repository) (Fa, Wencong)
February 28, 2022 Filing 27 REPLY in Support re #19 MOTION for Preliminary Injunction and Memorandum of Law in Support of Motion filed by Jonathan Roberts, Charles Vavruska. (Fa, Wencong)
February 28, 2022 Filing 26 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15329059. by 1199SEIU United Healthcare Workers East, American College of Physicians, American Medical Association, American Public Health Association, Callen-Lorde Community Health Center, Community Service Society of New York, Inc., Council of Medical Specialty Societies, Housing Works, Medical Society of the State of New York, National Medical Association, medical and health equity professionals and academics. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Certificate of Good Standing) (Lewis, John)
February 28, 2022 Filing 25 Letter MOTION for Leave to File Document Amici Curiae Brief by 1199SEIU United Healthcare Workers East, American College of Physicians, American Medical Association, American Public Health Association, Callen-Lorde Community Health Center, Community Service Society of New York, Inc., Council of Medical Specialty Societies, Housing Works, Medical Society of the State of New York, National Medical Association, medical and health equity professionals and academics. (Attachments: #1 Proposed Amicus Brief) (Fried, Rachel)
February 28, 2022 Filing 24 NOTICE of Appearance by Rachel Fried on behalf of National Medical Association, American Medical Association, Medical Society of the State of New York, American College of Physicians, American Public Health Association, Council of Medical Specialty Societies, 1199SEIU United Healthcare Workers East, Community Service Society of New York, Inc., Housing Works, Callen-Lorde Community Health Center, medical and health equity professionals and academics (aty to be noticed) (Fried, Rachel)
February 28, 2022 Opinion or Order ORDER: #25 Application to file Amici Curiae Brief by medical and health equity professionals and academics is GRANTED. The parties have not objected to the court's consideration of this brief. Ordered by Judge Nicholas G. Garaufis on 2/28/2022. (Katz, Jennifer)
February 25, 2022 Filing 23 AFFIDAVIT/DECLARATION in Opposition re #19 MOTION for Preliminary Injunction and Memorandum of Law in Support of Motion filed by Mary T. Bassett. (Attachments: #1 Exhibit AA - Statewide Cluster Dashboard, #2 Exhibit A - DOH Guidance: COVID-19 Oral Antiviral Treatments Authorized and Severe Shortage of Oral Antiviral and Monoclonal Antibody Treatment Products, #3 Exhibit B - DOH Guidance: Prioritization of Anti-SARS-CoV-2 Monoclonal Antibodies and Oral Antivirals for the Treatment of COVID-19 During Times of Resource Limitations, #4 Exhibit C - CDC Guidance, #5 Exhibit D - National Center for Health Statistics 2020 Report, #6 Exhibit E - CDC December 10, 2020 Study, #7 Exhibit F - Mortality data from CDCs National Vital Statistics System, #8 Exhibit G - Scientific Reports Article, #9 Exhibit H - Journal of the American Medical Association Network Open Article) (Kandel, Erin)
February 25, 2022 Filing 22 MEMORANDUM in Opposition re #19 MOTION for Preliminary Injunction and Memorandum of Law in Support of Motion filed by Mary T. Bassett. (Kandel, Erin)
February 25, 2022 Filing 21 AFFIDAVIT/DECLARATION in Opposition re #19 MOTION for Preliminary Injunction and Memorandum of Law in Support of Motion filed by Department of Health and Mental Hygiene of the City of New York. (Attachments: #1 Exhibit State Guidance, #2 Exhibit DOHMH Guidance) (Schonfeld, Samantha)
February 25, 2022 Filing 20 MEMORANDUM in Opposition re #19 MOTION for Preliminary Injunction and Memorandum of Law in Support of Motion filed by Department of Health and Mental Hygiene of the City of New York. (Schonfeld, Samantha)
February 18, 2022 Filing 19 MOTION for Preliminary Injunction and Memorandum of Law in Support of Motion by Jonathan Roberts, Charles Vavruska. (Attachments: #1 Declaration of Plaintiff Jonathan Roberts in Support of Motion, #2 Declaration of Plaintiff Charles Vavruska in Support of Motion) (Fa, Wencong)
February 17, 2022 Filing 18 SUMMONS Returned Executed by Charles Vavruska, Jonathan Roberts. Mary T. Bassett served on 2/15/2022, answer due 3/8/2022. (Fa, Wencong)
February 17, 2022 Filing 17 APPROVAL of #16 Motion for Refund of Fees Paid Electronically. Signed Tiffeny Lee-Harris, Case Processing Supervisor on 2/17/2022. (forwarded for processing) (Lee, Tiffeny)
February 17, 2022 Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Pre-motion conference held on February 16, 2022. Counsel for Plaintiffs and counsel for Defendants present via videoconference. The court DIRECTED Plaintiffs to file their motion for a preliminary injunction by February 18, 2022, Defendants to file their response by February 25, 2022, and Plaintiffs to file their reply, if any, by March 1, 2022 at 12PM. The court DIRECTED the parties to to address Article III standing in the briefing. The court DIRECTED the parties to appear for oral argument on March 2, 2022 at 11AM in Courtroom 4D South. (Court Reporter Michele Lucchese) (Katz, Jennifer)
February 16, 2022 Filing 16 MOTION for Refund of Fees Paid Electronically in error related to Motion to Appear Pro Hac Vice of Anastasia P. Boden by Jonathan Roberts, Charles Vavruska. (Attachments: #1 Exhibit A - Notice of Electronic Filing and Fee Payment, #2 Exhibit B - Receipt for Erroneous Fee Payment) (Boden, Anastasia)
February 16, 2022 Filing 15 NOTICE of Appearance by Anastasia P. Boden on behalf of Jonathan Roberts, Charles Vavruska (notification declined or already on case) (Boden, Anastasia)
February 16, 2022 Filing 14 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15295568. by Jonathan Roberts, Charles Vavruska. (Attachments: #1 Affidavit in Support of Motion, with Certificate of Supreme Court of California annexed thereto) (Boden, Anastasia)
February 16, 2022 Filing 13 NOTICE of Appearance by Erin P. Kandel on behalf of Mary T. Bassett (aty to be noticed) (Kandel, Erin)
February 16, 2022 Opinion or Order ORDER granting #14 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 2/16/2022. (Marino, Janine)
February 15, 2022 Filing 12 NOTICE of Appearance by Caleb Randall Trotter on behalf of Jonathan Roberts, Charles Vavruska (notification declined or already on case) (Trotter, Caleb)
February 15, 2022 Filing 11 NOTICE of Appearance by Samantha Michelle Schonfeld on behalf of Department of Health and Mental Hygiene of the City of New York (aty to be noticed) (Schonfeld, Samantha)
February 15, 2022 Filing 10 MOTION to Appear Pro Hac Vice of Attorney Caleb Trotter Filing fee $ 150, receipt number ANYEDC-15292630. by Jonathan Roberts, Charles Vavruska. (Attachments: #1 Affidavit in Support of Motion, with Certificate of Supreme Court of California annexed thereto) (Trotter, Caleb)
February 15, 2022 Opinion or Order ORDER granting #10 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 2/15/2022. (Marino, Janine)
February 14, 2022 Opinion or Order ORDER: Plaintiffs' #9 application for a pre-motion conference regarding a preliminary injunction is GRANTED. The parties are DIRECTED to contact the court's Deputy promptly at Joseph_Reccoppa@nyed.uscourts.gov to schedule a pre-motion conference on February 15, 2022. Ordered by Judge Nicholas G. Garaufis on 2/14/2022. (Katz, Jennifer)
February 11, 2022 Filing 9 Letter MOTION for pre motion conference re Preliminary Injunction by Jonathan Roberts, Charles Vavruska. (Fa, Wencong)
February 11, 2022 Filing 8 NOTICE of Appearance by Wencong Fa on behalf of Jonathan Roberts, Charles Vavruska (notification declined or already on case) (Fa, Wencong)
February 11, 2022 Filing 7 SUMMONS Returned Executed by Charles Vavruska, Jonathan Roberts. Department of Health and Mental Hygiene of the City of New York served on 2/9/2022, answer due 3/2/2022. (Attachments: #1 Exhibit - Email to Department) (Fa, Wencong)
February 10, 2022 Opinion or Order ORDER granting #6 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 2/10/2022. (Marino, Janine)
February 9, 2022 Filing 6 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15276972. by Jonathan Roberts, Charles Vavruska. (Attachments: #1 Affidavit in Support of Motion, with Certificates of Supreme Courts of California and Texas annexed thereto) (Fa, Wencong)
February 9, 2022 Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Neptune, Pierre)
February 9, 2022 Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Neptune, Pierre)
February 9, 2022 Filing 3 Summons Issued as to Mary T. Bassett, Department of Health and Mental Hygiene of the City of New York. (Attachments: #1 Summons - Mary T. Bassett) (Neptune, Pierre)
February 9, 2022 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Neptune, Pierre)
February 8, 2022 Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Neptune, Pierre)
February 8, 2022 Filing 2 NOTICE of Change of firm, mailing address, and email address of Attorney Jonathan Houghton. Once the filing has been made, you must login to www.pacer.gov and update your account. (Houghton, Jonathan)
February 8, 2022 Filing 1 COMPLAINT for Declaratory and Injunctive Relief against Mary T. Bassett, Department of Health and Mental Hygiene of the City of New York filing fee $ 402, receipt number ANYEDC-15270804 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Charles Vavruska, Jonathan Roberts. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons to Mary T. Bassett, #3 Proposed Summons to Dep't of Health and Mental Hygiene, #4 Exhibit A to Complaint, #5 Exhibit B to Complaint, #6 Exhibit C to Complaint) (Houghton, Jonathan)

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Search for this case: Roberts et al v. Bassett et al
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Plaintiff: Jonathan Roberts
Represented By: Jonathan Morgan Houghton
Represented By: Wencong Fa
Represented By: Anastasia P. Boden
Represented By: Caleb Randall Trotter
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Plaintiff: Charles Vavruska
Represented By: Jonathan Morgan Houghton
Represented By: Wencong Fa
Represented By: Anastasia P. Boden
Represented By: Caleb Randall Trotter
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Defendant: Mary T. Bassett
Represented By: Erin P. Kandel
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Defendant: Department of Health and Mental Hygiene of the City of New York
Represented By: Samantha Michelle Schonfeld
Represented By: Jessica Lynn Katzen
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Amicus curiae: National Medical Association
Represented By: Rachel Fried
Represented By: John Lewis
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Amicus curiae: American Medical Association
Represented By: Rachel Fried
Represented By: John Lewis
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Amicus curiae: Medical Society of the State of New York
Represented By: Rachel Fried
Represented By: John Lewis
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Amicus curiae: American College of Physicians
Represented By: Rachel Fried
Represented By: John Lewis
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Amicus curiae: American Public Health Association
Represented By: Rachel Fried
Represented By: John Lewis
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Amicus curiae: Council of Medical Specialty Societies
Represented By: Rachel Fried
Represented By: John Lewis
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Amicus curiae: 1199SEIU United Healthcare Workers East
Represented By: Rachel Fried
Represented By: John Lewis
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Amicus curiae: Community Service Society of New York, Inc.
Represented By: Rachel Fried
Represented By: John Lewis
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Amicus curiae: Housing Works
Represented By: Rachel Fried
Represented By: John Lewis
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Amicus curiae: Callen-Lorde Community Health Center
Represented By: Rachel Fried
Represented By: John Lewis
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Amicus curiae: medical and health equity professionals and academics
Represented By: Rachel Fried
Represented By: John Lewis
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