Blakeman et al v. James et al

Plaintiff:	Bruce A. Blakeman, County of Nassau, Jeanine Mullen and Marc Mullen
Defendant:	Letitia James, State of New York Office of the Attorney General and State Of New York
Case Number:	2:2024cv01655
Filed:	March 5, 2024
Court:	US District Court for the Eastern District of New York
Presiding Judge:	Nusrat Jahan Choudhury
Referring Judge:	Lee G Dunst
Nature of Suit:	Other Statutory Actions
Cause of Action:	28 U.S.C. § 2201 Declaratory Judgement
Jury Demanded By:	None

Docket Report

This docket was last retrieved on April 15, 2024. A more recent docket listing may be available from PACER.

Date Filed	Document Text
April 15, 2024	Filing 26 CLERK'S JUDGMENT: ORDERED AND ADJUDGED that Plaintiffs Bruce A. Blakeman, County of Nassau, Marc Mullen, and Jeanine Mullen take nothing of Defendants Letitia James, State of New York Office of the Attorney General, and State of New York; that this case is dismissed without prejudice; and that this case is closed. Ordered by Clerk of Court on 4/15/2024. (JT)
April 12, 2024	Filing 25 ORDER DISMISSING CASE: For the reasons set forth in the attached Order and the Opinion and Order denying Plaintiffs' Motion for a Temporary Restraining Order (ECF No. 22), this case is dismissed without prejudice because no Plaintiff has established standing to bring the claim plead and thus the Court lacks subject matter jurisdiction. See Do No Harm v. Pfizer Inc., 96 F.4th 106, 120-21 (2d Cir. 2024); Fed. R. Civ. P. 12(h)(3). The Clerk of Court is directed to enter judgment and close the case. Ordered by Judge Nusrat J. Choudhury on 4/12/2024. (NB)
April 12, 2024	Filing 24 Notice of Related Case: The Civil Cover Sheet filed in civil action 24cv2721(LGD) indicates this is a related case. (LJ)
April 12, 2024	MINUTE ENTRY: Status conference held Friday, April 12, 2024 at 1:00 PM before Judge Nusrat J. Choudhury. Victoria LaGreca and Ali Sheharyar appeared for Plaintiffs Bruce Blakeman and County of Nassau ("County Plaintiffs"). Joseph E. Macy appeared for Jeanine and Marc Mullen ("Individual Plaintiffs"). Zoe Ridolfi-Starr appeared for Defendant State of New York and Sandra Park and Helena Ann Lynch appeared on behalf of all Defendants.The Court heard from the parties about their proposals for further proceedings in this case in light of this Court's ruling denying the County Plaintiffs' Motion for a Temporary Restraining Order. (TRO Op., ECF No. 22). Plaintiffs reported that they intend to amend the Complaint rather than oppose Defendants' Motion to Dismiss (ECF No. 20) and that, in their view, the County Plaintiffs' Motion for a Preliminary Injunction (ECF No. 10) is therefore moot. Defendants argued that under Do No Harm v. Pfizer Inc., 96 F.4th 106 (2d Cir. 2024), the case must be dismissed because the Court has already found that it does not have subject matter jurisdiction over the matter (TRO Op. at 30). The Court took a lengthy recess to permit the Court and counsel for the parties to carefully review the Second Circuit's decision in Do No Harm. The Court reconvened the conference and ruled from the bench that this case is dismissed without prejudice in light of the Court's prior ruling that it "lacks jurisdiction over [Plaintiffs'] claim under Article III of the Constitution because none of the Plaintiffs have standing to bring it" (TRO Op. at 30) and the Second Circuit's holding in Do No Harm, 96 F.4th at 120-21. An order dismissing the case will follow. (Court Reporter Paul Lombardi FTR Log # 1:03-1:25 & 2:36-2:40.) (NB)
April 12, 2024	ORDER: In light of the Court's Order dismissing this action for lack of subject matter jurisdiction (ECF No. 25), the County Plaintiffs' Motion for a Preliminary Injunction (ECF No. 10) is dismissed as moot. Ordered by Judge Nusrat J. Choudhury on 4/12/2024. (NB)
April 12, 2024	ORDER: In light of the Court's Order dismissing this action (ECF No. 25), Defendants' Motion to Dismiss (ECF No. 20) is dismissed as moot. Ordered by Judge Nusrat J. Choudhury on 4/12/2024. (NB)
April 5, 2024	Filing 23 NOTICE of Appearance by Sandra Shin-Young Park on behalf of All Defendants (aty to be noticed) (Park, Sandra)
April 4, 2024	Filing 22 For the reasons set forth in the attached Opinion and Order, the Court denies the County Plaintiffs' motion for a temporary restraining order (ECF No. #10 ) and reserves decision on the preliminary injunction motion pending resolution of Defendants' Motion to Dismiss (ECF No. 20). Ordered by Judge Nusrat J. Choudhury on 4/4/2024. (NB)
April 4, 2024	ORDER: The Court will hold an in-person status conference on April 12, 2024 at 1:00 PM in the Central Islip Courthouse, courtroom 1040. All counsel should attend. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Nusrat Jahan Choudhury on 4/4/2024. (NB)
March 28, 2024	Filing 21 REPLY in Support of Motion for TRO and Preliminary Injunction filed by Bruce A. Blakeman, County of Nassau. (Rozea, Matthew)
March 28, 2024	Filing 20 MOTION to Dismiss by Letitia James, State of New York, State of New York Office of the Attorney General. (Attachments: #1 Memorandum in Support) (Ridolfi-Starr, Zoe)
March 26, 2024	Filing 19 Letter to Court Re: March 23, 2024 Order by Bruce A. Blakeman, County of Nassau (LaGreca, Victoria)
March 26, 2024	ORDER: The Court has received the County Plaintiffs' March 26, 2024 letter (ECF No. 19) seeking clarification of this Court's March 23, 2024 Order, which granted the County Plaintiffs the opportunity to submit a reply brief in support of their Motion for a Temporary Restraining Order and Preliminary Injunction (ECF No. 10) by March 28, 2024. Through the March 23, 2024 Order, the Court granted the County Plaintiffs the opportunity to respond to the arguments raised in Defendants' opposition brief (ECF No. 18). The County Plaintiffs are not required to submit a reply brief. It is up to them to decide whether to take advantage of this opportunity. If the County Plaintiffs do not intend to file a reply brief, they may notify the Court and the parties as such via ECF at any time. Ordered by Judge Nusrat J. Choudhury on 3/26/2024. (NB)
March 23, 2024	ORDER: On March 12, 2024, the Court permitted Defendants and Individual Plaintiffs Jeanine and Marc Mullen to respond by March 22, 2024 to the Motion for a Temporary Restraining Order and Preliminary Injunction (ECF No. 10) filed by Plaintiffs Blakeman and County of Nassau ("County Plaintiffs"). (See Elec. Order, Mar. 13, 2024.) Defendants filed a response by the March 22, 2024 deadline (ECF No. 18), but Individual Plaintiffs did not. The County Plaintiffs may submit any reply by March 28, 2024 at 5 PM. Ordered by Judge Nusrat J. Choudhury on 3/23/2024. (NB)
March 22, 2024	Filing 18 MEMORANDUM in Opposition re #10 First MOTION for Preliminary Injunction and TRO filed by Letitia James, State of New York, State of New York Office of the Attorney General. (Lynch, Helena)
March 13, 2024	MINUTE ENTRY AND SCHEDULING ORDER: Conference held on Tuesday, March 12, 2024 at 3:00 PM before Judge Nusrat J. Choudhury on Plaintiffs Blakeman and County of Nassau's Motion for a Temporary Restraining Order and Preliminary Injunction (ECF No. 10). Victoria LaGreca and Ali Sheharyar appeared for Plaintiffs Blakeman and County of Nassau ("County Plaintiffs"). Joseph E. Macy and Donna A. Napolitano appeared for Jeanine and Marc Mullen ("Individual Plaintiffs"). Helena Ann Lynch and Travis England appeared for the Defendants.The parties reported that they had attempted to confer on a briefing schedule for Defendants to submit a response to the County Plaintiffs' Motion, but that the County Plaintiffs wanted Defendants to stipulate to not initiating any legal action against Plaintiffs as a condition of the briefing schedule. Defendants' counsel, Mr. England, represented that while Defendants would not agree to such a stipulation in order to reach agreement on a briefing schedule, they do not anticipate taking legal action against the County Plaintiffs while the Motion for a Temporary Restraining Order and Preliminary Injunction is pending. Defendants indicated their intent to file a motion to dismiss by March 28, 2024, the deadline to submit an Answer in this case, and the County Plaintiffs indicated their intent to file an additional application for immediate relief if Defendants did commence legal action against them. Defendants further reported that a separate lawsuit had been filed by the New York Civil Liberties Union against Blakeman and the County of Nassau on March 11, 2024 in the Nassau County Supreme Court regarding the same Nassau County Executive Order at issue in this action. After giving the parties an opportunity to confer about a briefing schedule for Plaintiffs' Motion and Defendants' anticipated motion to dismiss, the Court adopted the parties jointly proposed briefing schedule. The parties shall comply with the following briefing schedule: Defendants shall file their brief in opposition to the County Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction by March 22, 2024. Individual Plaintiffs may submit a brief regarding their position on the County Plaintiffs' Motion by March 22, 2024. Defendants shall file an answer or motion to dismiss the Complaint by March 28, 2024. Plaintiffs shall file any amended complaint or opposition to Defendants' motion to dismiss by April 29, 2024. The Court is not likely to grant Plaintiffs an additional opportunity to amend. If Plaintiffs file an opposition brief by April 29, 2024, Defendants shall file any reply by May 6, 2024. The Court directed the parties to submit two courtesy copies of the submissions on the County Plaintiffs' Motion and any motion to dismiss by the Defendants. The Court waived its requirement for a pre-motion conference on Defendants' anticipated motion to dismiss and waives the recommended bundling procedure for these briefs. (Court Reporter Paul Lombardi FTR Log #3:00-3:10 & 3:25-3:32.) (Ordered by Nusrat J. Choudhury on 3/13/2024). (NB)
March 12, 2024	ORDER: The previously scheduled Initial Conference set for 3/19/2024 is CANCELLED. Ordered by Magistrate Judge Lee G. Dunst on 3/12/2024. (CT)
March 11, 2024	Filing 17 Letter to Court with Proposed TRO by Bruce A. Blakeman, County of Nassau (LaGreca, Victoria)
March 11, 2024	Filing 16 NOTICE of Appearance by Zoe Ridolfi-Starr on behalf of All Defendants (aty to be noticed) (Ridolfi-Starr, Zoe)
March 11, 2024	Filing 15 NOTICE of Appearance by Travis William England on behalf of All Defendants (aty to be noticed) (England, Travis)
March 11, 2024	Filing 14 AFFIDAVIT of Service for Order to Show Cause, Declaration, Affidavit, and Memorandum of Law served on Karen Swett, Paralegal on March 11, 2024, filed by Bruce A. Blakeman, County of Nassau. (LaGreca, Victoria)
March 11, 2024	ORDER: The Court will hold an in-person conference on Plaintiffs' Motion for Preliminary Injunction and Temporary Restraining Order (ECF No. 10), on Tuesday, March 12 at 3:00 PM in the Central Islip Courthouse, courtroom 1040. All counsel should attend. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Nusrat J. Choudhury on 3/11/2024. (NB)
March 8, 2024	Filing 13 NOTICE of Appearance by Helena Ann Lynch on behalf of All Defendants (aty to be noticed) (Lynch, Helena)
March 8, 2024	Filing 12 ACKNOWLEDGMENT OF SERVICE Executed of Notice of Presentment of Order to Show Cause Acknowledgement filed by Bruce A. Blakeman, County of Nassau. (LaGreca, Victoria)
March 8, 2024	Filing 11 SUMMONS Returned Executed by Bruce A. Blakeman, County of Nassau. Letitia James served on 3/7/2024, answer due 3/28/2024; State of New York served on 3/7/2024, answer due 3/28/2024; State of New York Office of the Attorney General served on 3/7/2024, answer due 3/28/2024. (LaGreca, Victoria)
March 8, 2024	NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (SBE)
March 8, 2024	ORDER REASSIGNING CASE. Case reassigned to Judge Nusrat Jahan Choudhury for all further proceedings. Judge Orelia E. Merchant no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 3/8/2024. (SDM)
March 8, 2024	Case reassigned to Judge Orelia E. Merchant and Magistrate Judge Lee G. Dunst. 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.(LF)
March 8, 2024	ORDER: In light of the reassignment of this action to Judge Nusrat J. Choudhury and Plaintiffs' pending Motion for a Preliminary Injunction and/or Temporary Restraining Order, (ECF No. 10), Plaintiffs are directed to review the Court's Individual Rules to ensure that any request for relief pursuant to Rule 65, Fed. R. Civ. P., comports with this Court's Individual Rules. See Individual Rule 5.9. Plaintiffs shall file proof that it has served its Motion for a Preliminary Injunction and/or Temporary Restraining Order upon Defendants by Monday, March 11, 2024 at 12:00 PM. Ordered by Judge Nusrat J. Choudhury on 3/8/2024. (NB) Modified on 3/11/2024 (BMM).
March 7, 2024	Filing 10 First MOTION for Preliminary Injunction and TRO by Bruce A. Blakeman, County of Nassau. (Attachments: #1 Declaration Declaration, #2 Exhibit Executive Order 2-2024, #3 Exhibit Cease and Desist Notification, #4 Affidavit Affidavit of Bruce A. Blakeman, #5 Memorandum in Support Memorandum of Law in Support) (LaGreca, Victoria)
March 7, 2024	Filing 9 NOTICE of Appearance by Donna A. Napolitano on behalf of Jeanine Mullen, Marc Mullen (aty to be noticed) (Napolitano, Donna)
March 7, 2024	Filing 8 NOTICE of Appearance by Victoria LaGreca on behalf of Bruce A. Blakeman, County of Nassau (aty to be noticed) (LaGreca, Victoria)
March 7, 2024	Filing 7 NOTICE of Appearance by Sheharyar Ali, I on behalf of Bruce A. Blakeman, County of Nassau (aty to be noticed) (Ali, Sheharyar)
March 7, 2024	SCHEDULING ORDER: The Court will conduct an in-person status conference on 3/19/2024 at 11:00 AM in Courtroom 830 at the U.S. District Court for the Eastern District of New York, 100 Federal Plaza, Central Islip, New York 11722 to discuss the direct assignment of this case to the undersigned as the presiding judge in this case as part of the Pilot Program governed by EDNY Administrative Order 2023-23 (see 3/6/2024 Notice by the Clerk of the Court), as well as any other issues that the parties wish to raise at that time.Ordered by Magistrate Judge Lee G. Dunst on 3/7/2024. (SBE)
March 6, 2024	Filing 6 Summons Issued as to All Defendants. (Attachments: #1 Summons #2, #2 Summons #3) (CL)
March 6, 2024	Filing 5 NOTICE of Appearance by Joseph E. Macy on behalf of Jeanine Mullen, Marc Mullen (aty to be noticed) (Macy, Joseph)
March 6, 2024	This attorney case opening filing has been checked for quality control. (CL)
March 6, 2024	Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CL)
March 6, 2024	Case Assigned to Magistrate Judge Lee G. Dunst. 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. (CL)
March 5, 2024	Filing 4 Proposed Summons. Re #1 Complaint, by Bruce A. Blakeman, County of Nassau, Jeanine Mullen, Marc Mullen (Rozea, Matthew)
March 5, 2024	Filing 3 Proposed Summons. Re #1 Complaint, by Bruce A. Blakeman, County of Nassau, Jeanine Mullen, Marc Mullen (Rozea, Matthew)
March 5, 2024	Filing 2 Proposed Summons. Re #1 Complaint, by Bruce A. Blakeman, County of Nassau, Jeanine Mullen, Marc Mullen (Rozea, Matthew)
March 5, 2024	Filing 1 COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-17636954 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Marc Mullen, Bruce A. Blakeman, Jeanine Mullen, County of Nassau. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Rozea, Matthew)

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Search for this case: Blakeman et al v. James et al
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Plaintiff: Bruce A. Blakeman
Represented By:	Matthew M Rozea
Represented By:	Victoria LaGreca
Represented By:	Sheharyar Ali, I
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Plaintiff: County of Nassau
Represented By:	Matthew M Rozea
Represented By:	Victoria LaGreca
Represented By:	Sheharyar Ali, I
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Plaintiff: Jeanine Mullen
Represented By:	Matthew M Rozea
Represented By:	Joseph E. Macy
Represented By:	Donna A. Napolitano
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Plaintiff: Marc Mullen
Represented By:	Matthew M Rozea
Represented By:	Joseph E. Macy
Represented By:	Donna A. Napolitano
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Defendant: Letitia James
Represented By:	Travis William England
Represented By:	Helena Ann Lynch
Represented By:	Sandra Shin-Young Park
Represented By:	Zoe Ridolfi-Starr
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Defendant: State of New York Office of the Attorney General
Represented By:	Sandra Shin-Young Park
Represented By:	Zoe Ridolfi-Starr
Represented By:	Travis William England
Represented By:	Helena Ann Lynch
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Defendant: State Of New York
Represented By:	Travis William England
Represented By:	Helena Ann Lynch
Represented By:	Sandra Shin-Young Park
Represented By:	Zoe Ridolfi-Starr
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