Jane Doe et al v. Zucker et al
| Jane Joe, Jane Boe, Sr., Childrens Health Defense, Jane Doe, Jane Coe, Sr., Jane Loe, John Foe, Sr., John Coe, Sr. and Jane Goe, Sr. |
| Randall Squier, David P. Bennardo, New York State Department of Health, Michael Paolino, Susan Eschbach, Sean Gnat, Corinne Keane, Shenendehowa Central School District, Howard Zucker, DR. Luvelle Brown, Lorri Whiteman, Ithaca City School District, Chris Pettograsso, Andrew Hills, Albany City School District, M.D. Elizabeth Rausch-Phung, Dr. Thomas Putnam, South Huntington School District, Cheryl Pedisich, Penfield Central School District, Coxsackie-Athens School District, DR. L. Oliver Robinson, Freya Mercer, BR. David Migliorino, Christine Rebera, Lansing Central School District, Kaweeda G. Adams and Three Village Central School District |
| 1:2020cv00840 |
| July 23, 2020 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Brenda K Sannes |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
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| Filing 72 AMENDED DOCUMENT - MEMORANDUM OF LAW by Kaweeda G. Adams, Albany City School District, David P. Bennardo, Luvelle Brown, Susan Eschbach, Ithaca City School District, Corinne Keane, Michael Paolino, Cheryl Pedisich, South Huntington School District, Three Village Central School District. Amendment to #66 Memorandum of Law, Only change - cover page amended to add attorney. (Johnson, Gregg) Modified on 9/16/2020 to add memo wording. (jmb) |
Filing 71
TEXT ORDER: Telephonic Oral Argument on Plaintiffs' #41 Motion is hereby scheduled for 10/9/2020 at 10:00 AM. Separate call in instructions will be provided. SO ORDERED by Judge Brenda K. Sannes on 9/11/2020. (rjb, )
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Filing 70
ORDER extending time for Defendant David Migliorino to respond to the #41 motion until 9/28/2020; Plaintiffs' reply due 10/5/2020. Signed by Judge Brenda K. Sannes on 9/11/2020. (rjb, )
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| Filing 69 STIPULATION re #41 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #67 Order, #55 Stipulation, extending Br. Migliorino's time to file opposition to October 5, 2020 by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr submitted to Judge Brenda K. Sannes. (Sussman, Michael) |
| Filing 68 REPLY to Response to Motion re #41 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Jane Doe. (Gibson, Sujata) |
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Filing 67
ORDER extending time for Defendant David Migliorino to respond to the #41 motion until 9/14/2020; Plaintiffs' reply due 9/19/2020. Signed by Judge Brenda K. Sannes on 9/8/2020. (rjb, )
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| Filing 66 MEMORANDUM OF LAW re #41 Motion for TRO,,,,,,, Motion for Preliminary Injunction,,,,,, filed by Kaweeda G. Adams, Albany City School District, David P. Bennardo, Luvelle Brown, Susan Eschbach, Ithaca City School District, Corinne Keane, Michael Paolino, Cheryl Pedisich, South Huntington School District, Three Village Central School District. (Johnson, Gregg) |
| Filing 65 RESPONSE in Opposition re #41 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Kaweeda G. Adams, Albany City School District, David P. Bennardo, Luvelle Brown, Susan Eschbach, Ithaca City School District, Corinne Keane, Michael Paolino, Cheryl Pedisich, South Huntington School District, Three Village Central School District. (Attachments: #1 Exhibit(s) EX A, #2 Exhibit(s) EX B, #3 Exhibit(s) EX C, #4 Exhibit(s) EX D)(Johnson, Gregg) |
| Filing 64 RESPONSE in Opposition re #41 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Kaweeda G. Adams, Albany City School District, David P. Bennardo, Luvelle Brown, Susan Eschbach, Ithaca City School District, Corinne Keane, Michael Paolino, Cheryl Pedisich, South Huntington School District, Three Village Central School District. (Attachments: #1 Exhibit(s) EX A, #2 Exhibit(s) EX B, #3 Exhibit(s) EX C, #4 Exhibit(s) EX D, #5 Exhibit(s) EX E, #6 Exhibit(s) EX F, #7 Exhibit(s) EX G, #8 Exhibit(s) EX H, #9 Exhibit(s) EX I, #10 Exhibit(s) EX J, #11 Affidavit AFF A Poprilo)(Johnson, Gregg) |
| Filing 63 RESPONSE in Opposition re #41 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Kaweeda G. Adams, Albany City School District, David P. Bennardo, Luvelle Brown, Susan Eschbach, Ithaca City School District, Corinne Keane, Michael Paolino, Cheryl Pedisich, South Huntington School District, Three Village Central School District. (Attachments: #1 Exhibit(s) EX A, #2 Exhibit(s) EX B, #3 Exhibit(s) EX C, #4 Exhibit(s) EX D, #5 Exhibit(s) EX E, #6 Exhibit(s) EX F, #7 Exhibit(s) EX G, #8 Exhibit(s) EX H, #9 Exhibit(s) EX I, #10 Exhibit(s) EX J, #11 Exhibit(s) EX K, #12 Exhibit(s) EX L, #13 Exhibit(s) EX M, #14 Exhibit(s) EX N, #15 Exhibit(s) EX O, #16 Exhibit(s) EX P, #17 Exhibit(s) EX Q, #18 Exhibit(s) EX R, #19 Exhibit(s) EX S, #20 Exhibit(s) EX T, #21 Exhibit(s) EX U, #22 Exhibit(s) EX V, #23 Exhibit(s) EX W, #24 Exhibit(s) EX X, #25 Exhibit(s) EX Y, #26 Affidavit Dr. Sussman)(Johnson, Gregg) |
| Filing 62 RESPONSE in Opposition re #41 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Kaweeda G. Adams, Albany City School District, David P. Bennardo, Luvelle Brown, Susan Eschbach, Ithaca City School District, Corinne Keane, Michael Paolino, Cheryl Pedisich, South Huntington School District, Three Village Central School District. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Johnson, Gregg) |
| Filing 61 AFFIDAVIT in Opposition re #41 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by New York State Department of Health, Elizabeth Rausch-Phung, Howard Zucker. (Attachments: #1 Exhibit(s) A (8/16/19 Emergency Regs), #2 Exhibit(s) B (Regs), #3 Exhibit(s) C (DOH 5077), #4 Exhibit(s) D (Contraindications), #5 Exhibit(s) E (CDC Website), #6 Exhibit(s) F (Schedule), #7 Exhibit(s) G (Screening Checklist), #8 Exhibit(s) H (IDSC), #9 Exhibit(s) I (Press Release), #10 Exhibit(s) J (Non-med exemption), #11 Exhibit(s) K (CDC Website), #12 Exhibit(s) L (Imm. Action Coalition), #13 Exhibit(s) M (Infact Imm. FAQs, #14 Exhibit(s) N ( CDC Data), #15 Exhibit(s) O (Measles Stats), #16 Exhibit(s) P (Measles Info), #17 Exhibit(s) Q (Press Release), #18 Exhibit(s) R (COVID CDC Data), #19 Exhibit(s) S (COVID Stats), #20 Exhibit(s) T (COVID Stats), #21 Exhibit(s) U (Exec. Order), #22 Exhibit(s) V (NYSED Guidance), #23 Exhibit(s) W (NYSED Guidance), #24 Memorandum of Law)(McCartin, Michael) |
| Filing 60 MEMORANDUM OF LAW IN OPPOSITION filed by Coxsackie-Athens School District, Sean Gnat, Andrew Hills, Lansing Central School District, Freya Mercer, Penfield Central School District, Chris Pettograsso, Thomas Putnam, Christine Rebera, L. Oliver Robinson, Shenendehowa Central School District, Randall Squier, Lorri Whiteman. (Ryan, James) |
| Filing 59 AFFIDAVIT in Opposition re #41 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Coxsackie-Athens School District, Sean Gnat, Andrew Hills, Lansing Central School District, Freya Mercer, Penfield Central School District, Chris Pettograsso, Thomas Putnam, Christine Rebera, L. Oliver Robinson, Shenendehowa Central School District, Randall Squier, Lorri Whiteman. (Ryan, James) |
| Filing 58 AFFIDAVIT in Opposition re #41 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Coxsackie-Athens School District, Sean Gnat, Andrew Hills, Lansing Central School District, Freya Mercer, Penfield Central School District, Chris Pettograsso, Thomas Putnam, Christine Rebera, L. Oliver Robinson, Shenendehowa Central School District, Randall Squier, Lorri Whiteman. (Attachments: #1 Exhibit(s) A)(Ryan, James) |
| Filing 57 AFFIDAVIT in Opposition re #41 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Coxsackie-Athens School District, Sean Gnat, Andrew Hills, Lansing Central School District, Freya Mercer, Penfield Central School District, Chris Pettograsso, Thomas Putnam, Christine Rebera, L. Oliver Robinson, Shenendehowa Central School District, Randall Squier, Lorri Whiteman. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D)(Ryan, James) |
| Filing 56 AFFIDAVIT in Opposition re #41 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Coxsackie-Athens School District, Sean Gnat, Andrew Hills, Lansing Central School District, Freya Mercer, Penfield Central School District, Chris Pettograsso, Thomas Putnam, Christine Rebera, L. Oliver Robinson, Shenendehowa Central School District, Randall Squier, Lorri Whiteman. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F)(Ryan, James) |
| Filing 55 STIPULATION re #46 Order,, extending Br. Migliroino's opposition to September 14, 2020, Plaintiff's response to September 19, 2020 by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr submitted to Judge Brenda K. Sannes. (Sussman, Michael) |
| Filing 54 MOTION to Dismiss for Failure to State a Claim filed by Kaweeda G. Adams, Albany City School District, David P. Bennardo, Luvelle Brown, Susan Eschbach, Ithaca City School District, Corinne Keane, Michael Paolino, Cheryl Pedisich, South Huntington School District, Three Village Central School District. (Attachments: #1 Declaration, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Exhibit(s) I, #11 Exhibit(s) J, #12 Exhibit(s) K, #13 Exhibit(s) L, #14 Memorandum of Law) (Kleinberg, Adam) |
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Filing 53
TEXT ORDER granting #52 Letter Request to file a combined 40 page memorandum of law. SO ORDERED by Judge Brenda K. Sannes on 9/2/2020. (rjb, )
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| Filing 52 Letter Motion from Adam I. Kleinberg for Kaweeda G. Adams, Albany City School District, David P. Bennardo, Luvelle Brown, Susan Eschbach, Ithaca City School District, Corinne Keane, Michael Paolino, Cheryl Pedisich, South Huntington School District, Three Village Central School District requesting Permission to File One 40-Page Combined Memorandum of Law submitted to Judge Honorable Brenda K. Sannes . (Kleinberg, Adam) |
| Filing 51 NOTICE of Appearance by Loraine Clare Jelinek on behalf of Kaweeda G. Adams, Albany City School District, David P. Bennardo, Luvelle Brown, Susan Eschbach, Ithaca City School District, Corinne Keane, Michael Paolino, Cheryl Pedisich, South Huntington School District, Three Village Central School District (Jelinek, Loraine) |
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Filing 50
TEXT ORDER approving #48 Stipulation, filed by Three Village Central School District, Michael Paolino, Kaweeda G. Adams, Luvelle Brown, Albany City School District, Corinne Keane, South Huntington School District, Susan Eschbach, Ithaca City School District, David P. Bennardo, Cheryl Pedisich, Answer due date updated for Luvelle Brown answer due 9/21/2020; Susan Eschbach answer due 9/21/2020; Ithaca City School District answer due 9/21/2020. Authorized by Magistrate Judge Christian F. Hummel on 8/31/2020. (tab)
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| Filing 49 AFFIDAVIT of Service for Summons and Complaint, Order to Show Cause, Court Order served on Br. Migliorino by service through Patrick F. Adams, PC on August 28, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 48 STIPULATION Extending Time to Answer by Kaweeda G. Adams, Albany City School District, David P. Bennardo, Luvelle Brown, Susan Eschbach, Ithaca City School District, Corinne Keane, Michael Paolino, Cheryl Pedisich, South Huntington School District, Three Village Central School District submitted to Judge Hon. Christian J. Hummel, USMJ. (Johnson, Gregg) |
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Filing 47
TEXT ORDER Approving #37 Stipulation, filed by Shenendehowa Central School District, Chris Pettograsso, Freya Mercer, Sean Gnat, Andrew Hills, Lorri Whiteman, Coxsackie-Athens School District, Christine Rebera, Thomas Putnam, Randall Squier, Penfield Central School District, L. Oliver Robinson, Answer due date updated for Coxsackie-Athens School District answer due 9/24/2020; Sean Gnat answer due 9/24/2020; Andrew Hills answer due 9/24/2020; Freya Mercer answer due 9/24/2020; Penfield Central School District answer due 9/24/2020; Chris Pettograsso answer due 9/24/2020; Thomas Putnam answer due 9/24/2020; Christine Rebera answer due 9/24/2020; L. Oliver Robinson answer due 9/24/2020; Shenendehowa Central School District answer due 9/24/2020; Randall Squier answer due 9/24/2020; Lorri Whiteman answer due 9/24/2020. Authorized by Magistrate Judge Christian F. Hummel on 8/27/2020. (tab)
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Filing 46
ORDER TO SHOW CAUSE: Plaintiffs' motion for a Temporary Restraining Order is DENIED; Plaintiffs' request for expedited briefing on their motion for apreliminary injunction is GRANTED. Defendants shall file their opposition to Plaintiffs' motion by September 4, 2020, and Plaintiffs shall file their reply by September 9, 2020. It does not appear Plaintiffs have served the Summons and Complaint or the Motion for Temporary Restraining Order and Preliminary Injunction on Defendant Brother David Migliorino, they are directed to file proof of service of the Complaint, Motion, and this Order on Defendant Brother David Migliorino by August 31, 2020. Signed by Judge Brenda K. Sannes on 8/27/2020. (rjb, )
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Filing 45
TEXT ORDER: Telephone Conference set for 8/26/2020 at 02:00 PM before Judge Brenda K. Sannes.Separate call in instructions for the conference will be issued. SO ORDERED by Judge Brenda K. Sannes on 8/26/2020. (rjb, )
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Filing 44
TEXT ORDER granting #39 Letter Request to remove the appearance for Lansing CSD and its administrators. SO ORDERED by Judge Brenda K. Sannes on 8/26/2020. (rjb, )
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| Filing 43 Letter Motion from Gregg T. Johnson, Esq. for Kaweeda G. Adams, Albany City School District, David P. Bennardo, Luvelle Brown, Susan Eschbach, Ithaca City School District, Corinne Keane, Michael Paolino, Cheryl Pedisich, South Huntington School District, Three Village Central School District requesting Conference to set deadlines submitted to Judge Hon. Brenda K. Sannes, USDJ . (Johnson, Gregg) |
| TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Telephone Conference held on 8/26/2020. Appearances: Sujata Gibson, Esq. and Mary Holland, Esq. for Plaintiffs; Michael McCartin, AAG, Andrew Koster, AAG, Gregg Johnson, Esq., Adam Kleinberg, Esq., James Ryan, Esq. and Roxanne Tshjin, Esq. for Defendants. Judge Sannes hears from counsel on Plaintiffs' #41 motion and denies the request for a temporary restraining order. An order to show cause with an expedited briefing schedule is granted regarding the motion for preliminary injunction. Defendants' opposition to the #41 motion is due by 9/4/2020 and Plaintiffs' reply is due by 9/9/2020. (Court Reporter Eileen McDonough; 2:00PM-2:27PM) (rjb, ) |
| Filing 42 NOTICE of Appearance by Adam I. Kleinberg on behalf of Kaweeda G. Adams, Albany City School District, David P. Bennardo, Luvelle Brown, Susan Eschbach, Ithaca City School District, Corinne Keane, Michael Paolino, Cheryl Pedisich, South Huntington School District, Three Village Central School District (Kleinberg, Adam) |
| Filing 41 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Attachments: #1 Memorandum of Law MOL In Support, #2 Proposed Order/Judgment Proposed Order, #3 Declaration Gibson Declaration in Support, #4 Exhibit(s) Gibson Exh 1- 2020-2021 NYS Immunizations Requirements, #5 Exhibit(s) Emergency Regulation, #6 Exhibit(s) Vaccine Package Inserts, #7 Exhibit(s) Vaccine 2017, #8 Exhibit(s) Dr. Obukhanych open letter to legislators California, #9 Exhibit(s) NYS School Boards Association, #10 Exhibit(s) School Reopening FAQs, #11 Exhibit(s) NYS P12 School Reopening Guidelines, #12 Declaration Doe Dec, #13 Declaration Boe Dec, #14 Declaration Coe Dec, #15 Declaration Foe Dec, #16 Declaration Joe Dec, #17 Declaration Loe Dec, #18 Declaration Pavelsky Dec, #19 Declaration Rodriguez Dec, #20 Declaration AM 2 Dec, #21 Declaration EC Dec, #22 Declaration JS Dec, #23 Declaration NC Dec, #24 Declaration BB Dec, #25 Declaration AM3 Dec, #26 Declaration KW Dec, #27 Declaration CM Dec, #28 Declaration NF Dec, #29 Declaration CB Dec, #30 Declaration AM Dec, #31 Declaration RB Dec, #32 Declaration MD Dec, #33 Declaration BP Dec, #34 Declaration RF Dec, #35 Declaration MN Dec, #36 Declaration SP Dec, #37 Declaration JH Dec, #38 Declaration HD Dec, #39 Affidavit Certificate of Service, #40 Affidavit Certificate of Service)(Sussman, Michael) |
| Filing 40 NOTICE of Appearance by James G. Ryan on behalf of Coxsackie-Athens School District, Sean Gnat, Andrew Hills, Lansing Central School District, Freya Mercer, Penfield Central School District, Chris Pettograsso, Thomas Putnam, Christine Rebera, L. Oliver Robinson, Shenendehowa Central School District, Randall Squier, Lorri Whiteman (Ryan, James) |
| Filing 39 Letter Motion from Gregg T. Johnson, Esq. for Kaweeda G. Adams, Albany City School District, David P. Bennardo, Luvelle Brown, Susan Eschbach, Ithaca City School District, Corinne Keane, Michael Paolino, Cheryl Pedisich, South Huntington School District, Three Village Central School District requesting acceptance of Amended Notice of Appearance submitted to Judge Hon. Brenda K. Sannes, USDJ . (Johnson, Gregg) |
| Filing 38 NOTICE of Appearance by Gregg T. Johnson on behalf of Kaweeda G. Adams, Albany City School District, David P. Bennardo, Luvelle Brown, Susan Eschbach, Ithaca City School District, Corinne Keane, Michael Paolino, Cheryl Pedisich, South Huntington School District, Three Village Central School District (Johnson, Gregg) |
| Filing 37 STIPULATION Extending Time to Answer by Coxsackie-Athens School District, Sean Gnat, Andrew Hills, Freya Mercer, Penfield Central School District, Chris Pettograsso, Thomas Putnam, Christine Rebera, L. Oliver Robinson, Shenendehowa Central School District, Randall Squier, Lorri Whiteman. (Ryan, James) |
| Filing 36 NOTICE of Appearance by Andrew W. Koster on behalf of New York State Department of Health, Elizabeth Rausch-Phung, Howard Zucker (Koster, Andrew) |
| Filing 35 CERTIFICATE OF SERVICE by New York State Department of Health, Elizabeth Rausch-Phung, Howard Zucker re #28 MOTION to Dismiss for Failure to State a Claim (McCartin, Michael) |
| Filing 34 AFFIDAVIT of Service for Summons and Complaint served on Dr. Thomas Putnam on August 6, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 33 AFFIDAVIT of Service for Summons and Complaint served on Corinne Keane on August 13, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 32 AFFIDAVIT of Service for Summons and Complaint served on Cheyrl Pedisich on August 11, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 31 AFFIDAVIT of Service for Summons and Complaint served on Three Village Central School District on August 11, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 30 AFFIDAVIT of Service for Summons and Complaint served on Dr. David Bennardo on August 11, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 29 AFFIDAVIT of Service for Summons and Complaint served on South Huntington School District on August 11, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 28 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 10/1/2020 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 9/14/2020 Reply to Response to Motion due by 9/21/2020. filed by New York State Department of Health, Elizabeth Rausch-Phung, Howard Zucker. (Attachments: #1 Memorandum of Law, #2 Declaration of Michael G. McCartin, #3 Exhibit(s) 1 (Bill No. S2994A), #4 Exhibit(s) 2 (N.Y. Reg.), #5 Exhibit(s) 3 (N.Y. Reg.), #6 Exhibit(s) 4 (Emerg. Regs.), #7 Exhibit(s) 5 (CDC ACIP), #8 Exhibit(s) 6 (Final Regs.), #9 Exhibit(s) 7 (ISDA Recom.), #10 Exhibit(s) 8 (AAP Recom.), #11 Exhibit(s) 9 (AAFP Recom.)) (McCartin, Michael) |
| Filing 27 NOTICE of Appearance by Michael G. McCartin on behalf of New York State Department of Health, Elizabeth Rausch-Phung, Howard Zucker (McCartin, Michael) |
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Filing 26
TEXT ORDER approving #22 Stipulation, filed by Three Village Central School District, Chris Pettograsso, Michael Paolino, Kaweeda G. Adams, Lorri Whiteman, Albany City School District, Lansing Central School District, Christine Rebera, South Huntington School District, Corinne Keane, David P. Bennardo, Cheryl Pedisich, Answer due date updated for Kaweeda G. Adams answer due 9/21/2020; Albany City School District answer due 9/21/2020; David P. Bennardo answer due 9/21/2020; Corinne Keane answer due 9/21/2020; Lansing Central School District answer due 9/21/2020; Michael Paolino answer due 9/21/2020; Cheryl Pedisich answer due 9/21/2020; Chris Pettograsso answer due 9/21/2020; Christine Rebera answer due 9/21/2020; South Huntington School District answer due 9/21/2020; Three Village Central School District answer due 9/21/2020; Lorri Whiteman answer due 9/21/2020. Authorized by Magistrate Judge Christian F. Hummel on 8/21/2020. (tab)
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| Filing 25 AFFIDAVIT of Service for Summons and Complaint served on Coxsackie-Athens School District on August 11, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 24 AFFIDAVIT of Service for Summons and Complaint served on Freya Mercer, Principal, Coxsackie-Athens High School on August 11, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 23 AFFIDAVIT of Service for Summons and Complaint served on Randall Squier, Superintendent, Coxsackie-Athens School District on August 11, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| ***Answer deadline set for Coxsackie-Athens School District, Freya Mercer and Randall Squier to 9/1/2020. (jmb) |
| Filing 22 STIPULATION Extending Time to Answer by Kaweeda G. Adams, Albany City School District, David P. Bennardo, Corinne Keane, Lansing Central School District, Michael Paolino, Cheryl Pedisich, Chris Pettograsso, Christine Rebera, South Huntington School District, Three Village Central School District, Lorri Whiteman submitted to Judge Hon. Christian J. Hummel, USMJ. (Johnson, Gregg) |
| Filing 21 NOTICE of Appearance by Gregg T. Johnson on behalf of Kaweeda G. Adams, Albany City School District, David P. Bennardo, Corinne Keane, Lansing Central School District, Michael Paolino, Cheryl Pedisich, Chris Pettograsso, Christine Rebera, South Huntington School District, Three Village Central School District, Lorri Whiteman (Johnson, Gregg) |
| Filing 20 AFFIDAVIT of Service for Summons and Complaint served on Susan Eschbach, Principal, Beverly J Martin Elementary School on August 11, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 19 AFFIDAVIT of Service for Summons and Complaint served on Luvelle Brown, Superintendent, Ithaca City School District on August 13, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 18 AFFIDAVIT of Service for Summons and Complaint served on Ithaca City School District on August 13, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 17 AFFIDAVIT of Service for Summons and Complaint served on Lorri Whiteman, Principal, Lansing Elementary School on August 11, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 16 AFFIDAVIT of Service for Summons and Complaint served on Christine Rebera, Principal, Lansing Middle School on August 11, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 15 AFFIDAVIT of Service for Summons and Complaint served on Chris Pettrograsso, Superintendent, Lansing Central School District on August 11, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 14 AFFIDAVIT of Service for Summons and Complaint served on Lansing Central School District on August 11, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| ***Answer due date updated for Susan Eschbach, Lansing Central School District, Chris Pettograsso, Christine Rebera, and Lorri Whiteman answers due 9/1/2020. (pjh, ) |
| ***Answer due date updated for Luvelle Brown and Ithaca City School District answers due 9/3/2020. (pjh, ) |
| ***Answer due date set for Dr. Thomas Putnam answer due 8/27/2020. (kmp) |
| Filing 13 AFFIDAVIT of Service for Summons and Complaint served on Dr. Thomas Putnam, Superintendent, Penfield Public School District on August 6, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| ***Answer deadline set for Kaweeda G. Adams; Albany City School District; New York State Department of Health; Michael Paolino; Elizabeth Rausch-Phung and Howard Zucker to 8/25/2020. (jmb) |
| Filing 12 AFFIDAVIT of Service for Summons and Complaint served on Michael Paolino, Principal of William S. Hackett Middle School on August 4, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 11 AFFIDAVIT of Service for Summons and Complaint served on Howard Zucker, Commissioner of Health, NYS Department of Health on August 4, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 10 AFFIDAVIT of Service for Summons and Complaint served on Elizabeth Rausch-Phung, Director of Bureau of Immunizations, NYS Department of Health on August 4, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 9 AFFIDAVIT of Service for Summons and Complaint served on New York State Department of Health on August 4, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 8 AFFIDAVIT of Service for Summons and Complaint served on New York State Department of Health, c/o Attorney General on August 4, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 7 AFFIDAVIT of Service for Summons and Complaint served on Albany City School District on August 4, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 6 AFFIDAVIT of Service for Summons and Complaint served on Kaweeda G. Adams, Superintendent, Albany City School District on August 4, 2020, filed by Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Doe, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr, John Foe, Sr. (Sussman, Michael) |
| Filing 5 NOTICE OF ADMISSION REQUIREMENT: as to Party Plaintiffs'; Attorneys' Robert F. Kennedy, Jr., Esq. and Mary Holland, Esq. Email address for Mary Holland is mary.holland@childrenshealthdefense.org. Admissions due by 8/10/2020. {Clerk Emailed notice and a courtesy copy of the GO #25 to Attorney Holland on 7/27/2020 and Mailed via regular a copy of the notice and a courtesy copy of the GO #25 to Attorney Kennedy on 7/27/2020} (jmb) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial In-Person Rule 16 Conference set for 11/16/2020 at 9:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/9/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jmb) |
| Filing 3 Summons Issued as to Howard Zucker. (Attachments: #1 Summons issued for Elizabeth Rausch-Phung, #2 Summons issued for New York State Department of Health, #3 Summons issued for Three Village Central School District, #4 Summons issued for Cheryl Pedisich, #5 Summons issued for Corinne Keane, #6 Summons issued for Lansing Central School District, #7 Summons issued for Chris Pettograsso, #8 Summons issued for Christine Rebera, #9 Summons issued for Lorri Whiteman, #10 Summons issued for Penfield Central School District, #11 Summons issued for Thomas Putnam, #12 Summons issued for South Huntington School District, #13 Summons issued for David Bennardo, #14 Summons issued for BR. David Migliorino, #15 Summons issued for Ithaca City School District, #16 Summons issued for Luvelle Brown, #17 Summons issued for Susan Eschbach, #18 Summons issued for Shenendehowa Central School District, #19 Summons issued for Oliver Robinson, #20 Summons issued Sean Gnat, #21 Summons issued for Andrew Hills, #22 Summons issued Coxsackie-Athens School District, #23 Summons issued for Randall Squier, #24 Summons issued for Freya Mercer, #25 Summons issued for Albany City School District, #26 Summons issued for Kaweeda G. Adams, #27 Summons issued for Michael Paolino) (jmb) |
| Filing 2 MOTION to Proceed by Pseudonym regarding the #1 Complaint and MOTION for Protective Order, filed by Plaintiffs' Jane Doe, Childrens Health Defense, Jane Boe, Sr, Jane Coe, Sr, Jane Goe, Sr, Jane Joe, Jane Loe, John Coe, Sr and John Foe, Sr. (Attachments: #1 Affirmation, #2 Memorandum of Law) Motions referred to Christian F. Hummel. (jmb) |
| Filing 1 CLASS ACTION COMPLAINT: against Howard Zucker, Kaweeda G. Adams, Albany City School District, David P. Bennardo, Luvelle Brown, Coxsackie-Athens School District, Susan Eschbach, Sean Gnat, Andrew Hills, Ithaca City School District, Corinne Keane, Lansing Central School District, Freya Mercer, David Migliorino, New York State Department of Health, Michael Paolino, Cheryl Pedisich, Penfield Central School District, Chris Pettograsso, Thomas Putnam, Elizabeth Rausch-Phung, Christine Rebera, L. Oliver Robinson, Shenendehowa Central School District, South Huntington School District, Randall Squier, Three Village Central School District, Lorri Whiteman, (Filing fee $400 receipt number ANYNDC-5182902) filed by John Coe, Sr, Jane Doe, Jane Goe, Sr, Childrens Health Defense, Jane Coe, Sr, Jane Joe, John Foe, Sr, Jane Boe, Sr, Jane Loe. (Attachments: #1 Civil Cover Sheet) (jmb) |
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