Dr. A et al v. Hochul et al
| Dr. A, Nurse A., Dr. C., Nurse D., Dr. F., Dr. G., Therapist I., Dr. J., Nurse J., Dr. M., Nurse N., Dr. O., Dr. P., Technologist P., Dr. S., Nurse S. and Physician Liaison X. |
| Kathy Hochul, Dr. Howard A. Zucker and Letitia James |
| 1:2021cv01009 |
| September 13, 2021 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Miroslav Lovric |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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Filing 30
ORDER granting #29 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 11/9/2021. (jdp)
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| Filing 29 MOTION for Limited Admission Pro Hac Vice of Stephen M. Crampton Filing fee $100, receipt number ANYNDC-5706122. (Attachments: #1 Declaration, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s)) Motions referred to Miroslav Lovric. (McHale, Michael) |
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Filing 28
ORDER VACATING PRELIMINARY INJUNCTION: On August 26, 2021, the New York State Department of Health adopted an emergency regulation that required most healthcare workers to be vaccinated against COVID-19 within thirty days. N.Y. COMP. CODES R. & REGS. tit. 10, 2.61(c) (2021). As relevant here, 2.61 eliminated a religious exemption included in the first iteration of the mandate. On September 13, 2021, seventeen healthcare workers employed in New York State ("plaintiffs"), all of whom object to the existing COVID-19 vaccines on religious grounds, filed this official-capacity 42 U.S.C. 1983 action against New York State Governor Kathy Hochul ("Hochul"), New York State Health Commissioner Howard A. Zucker ("Zucker"), and New York State Attorney General Letitia James ("James"). Plaintiffs' three-count verified complaint alleges that 2.61 violates their constitutional rights because it effectively forbids employers from considering workplace religious accommodations under processes guaranteed by federal law. Plaintiffs sought to enjoin defendants from, inter alia, enforcing 2.61 ''to the extent it categorically requires health care employers to deny or revoke religious exemptions from COVID-19 vaccination mandates." On September 14, 2021, the Court issued a temporary order restraining defendants from enforcing 2.61 to the extent it categorically required health care employers to deny or revoke a religious exemption from COVID-19 vaccination. Dr. A. v. Hochul, 2021 WL 4189533 (N.D.N.Y) (emphasis added). After additional briefing, the temporary restraining order was converted to a preliminary injunction on October 12, 2021. 1 Dr. A. v. Hochul, --F. Supp. 3d--, 2021 WL 4734404 (N.D.N.Y.). Defendants appealed. On November 1, 2021, a panel of the U.S. Court of Appeals for the Second Circuit ordered the preliminary injunction vacated. Dkt. No. #26 . As relevant here, the panel opinion concluded that plaintiffs had failed to establish 2.61 was not a neutral law of general applicability and therefore subjected it to only rational basis review. Dkt. No. #27 at 35. Relying on Jacobson v. Massachusetts, 197 U.S. 11 (1905) and Phillips v. City of N. Y., 775 F.3d 538 (2d Cir. 2015) (per curiam), the panel held that 2.61 "was a reasonable exercise of the State's power to enact rules to protect the public health." Dkt. No. #27 at 35. The panel opinion went on to conclude that plaintiffs had also failed to establish that 2.61 conflicts with Title VII or federal law because it "does not prevent employees from seeking a religious accommodation allowing them to continue working consistent with the Rule. while avoiding the vaccination requirement." Dkt. No. #27 at 38 (emphasis added). Therefore, plaintiffs no longer need the preliminary injunction. A certified copy of the Second Circuit's order issued on November 4, 2021. Dkt. No. #27 . Therefore, it is ORDERED that The preliminary injunction entered in favor of plaintiffs on October 12, 2021 is VACATED. Signed by Judge David N. Hurd on 11/5/2021. (ptm)
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Filing 27
ORDER of USCA with OPINION certified copy issued on 11/4/2021 as to #23 Notice of Appeal. The order of the U.S. District Court for the Northern District of New York is REVERSED, and the preliminary injunction entered by that court is VACATED. These tandem cases are REMANDED to their respective district courts for further proceedings consistent with the Order entered by this Court on October 29, 2021, and this Opinion. (mgh)
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Filing 26
ORDER of USCA certified copy issued on 10/29/2021 as to #23 Notice of Appeal. Upon due consideration, it is hereby ORDERED, ADJUDGED, and DECREED that the district court's order is VACATED and the case is REMANDED for further proceedings consistent with this Order and the forthcoming opinion of this Court. The mandate shall issue forthwith for the limited purpose of vacating the injunction issued by the District Court for the Northern District of New York. An opinion will follow expeditiously.(mgh)
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| Filing 25 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #23 Notice of Appeal. (mgh) |
| USCA Appeal Fees received $ 505 receipt number ALB012221 re #23 Notice of Appeal filed by Kathy Hochul, Letitia James, Howard A. Zucker. (mgh) |
| Filing 24 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #23 Notice of Appeal (mgh) |
| Filing 23 NOTICE OF APPEAL as to #22 Order on Letter Request by Kathy Hochul, Letitia James, Howard A. Zucker. No fee paid. (Hickey, Ryan) |
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Filing 22
***VACATED*** MEMORANDUM-DECISION & ORDER: that Plaintiffs' motion to proceed pseudonymously is GRANTED; Plaintiffs' motion for a preliminary injunction is GRANTED. Signed by Judge David N. Hurd on 10/12/2021. (see) Modified per USCA Order on 11/1/2021 (ptm).
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| Filing 21 TEXT ORDER TO STRIKE the #19 Notice of Supplemental Authority and #20 LETTER BRIEF in response. Pursuant to the verbal Order of Judge David N. Hurd on 10/12/2021. (see) |
| Filing 20 **STRICKEN pursuant to the 21 Text Order** LETTER BRIEF in response to Plaintiffs' October 7, 2021 Notice of Supplemental Authority [ECF No. 19] by Kathy Hochul, Letitia James, Howard A. Zucker. (Attachments: #1 Exhibit(s) Order in Dahl, et al. v. Board of Trustees of Western Michigan University, et al., #2 Exhibit(s) Order in Dr. T., et al. v. Alexander-Scott, et al.)(Hickey, Ryan) Modified on 10/12/2021, stricken. (see). |
| Filing 19 **STRICKEN pursuant to the 21 Text Order** NOTICE by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Technologist P., Therapist I. re #6 Notice (Other), Notice of Supplemental Authority (Attachments: #1 Exhibit(s) Decision in Dahl v. Western Michigan U.)(Ferrara, Christopher) Modified on 10/12/2021, STRICKEN. (see). |
| Notice of Attorney Admission Filing Deficiency re: #18 Motion for Limited Admission Pro Hac Vice of Peter C. Breen. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a Certificate of Good Standing that has been issued by a Court; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Filing 18 MOTION for Limited Admission Pro Hac Vice of Peter Breen Filing fee $100, receipt number ANYNDC-5663520. (Attachments: #1 Exhibit(s)) Motions referred to Miroslav Lovric. (McHale, Michael) |
| Filing 17 MOTION for Limited Admission Pro Hac Vice of Stephen M. Crampton Filing fee $100, receipt number ANYNDC-5659093. (Attachments: #1 Declaration, #2 Exhibit(s), #3 Exhibit(s)) Motions referred to Miroslav Lovric. (McHale, Michael) |
| Notice of Attorney Admission Filing Deficiency re: #17 Motion for Limited Admission Pro Hac Vice of Stephen M. Crampton. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a Certificate of Good Standing that has been issued by a Court and a completed Petition for Admission to Practice form published by the Court 12/2019. The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Filing 16 RESPONSE in Opposition re #5 Emergency MOTION for Temporary Restraining Order Dr. A., et al. v. Governor Hochul, et al. Defendants' Opposition to Plaintiffs' Motion for a Preliminary Injunction filed by Kathy Hochul, Letitia James, Howard A. Zucker. (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, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) M, #14 Exhibit(s) N, #15 Exhibit(s) O, #16 Exhibit(s) P, #17 Exhibit(s) Q, #18 Exhibit(s) R, #19 Exhibit(s) S, #20 Exhibit(s) T, #21 Exhibit(s) U, #22 Exhibit(s) V, #23 Exhibit(s) W, #24 Exhibit(s) X, #25 Exhibit(s) Y, #26 Exhibit(s) Z, #27 Exhibit(s) AA, #28 Exhibit(s) BB, #29 Exhibit(s) CC, #30 Exhibit(s) DD, #31 Exhibit(s) EE, #32 Exhibit(s) FF, #33 Exhibit(s) GG, #34 Exhibit(s) HH, #35 Exhibit(s) II, #36 Exhibit(s) JJ, #37 Exhibit(s) KK, #38 Exhibit(s) LL, #39 Exhibit(s) MM, #40 Exhibit(s) NN, #41 Exhibit(s) OO, #42 Exhibit(s) PP, #43 Exhibit(s) QQ, #44 Exhibit(s) RR, #45 Exhibit(s) SS, #46 Exhibit(s) TT, #47 Exhibit(s) UU, #48 Exhibit(s) VV, #49 Exhibit(s) WW, #50 Memorandum of Law in Opposition to Plaintiffs' Motion for a Preliminary Injunction)(Hickey, Ryan) |
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Filing 15
ORDER CANCELLING ARGUMENT ON TRO, TAKING MOTION ON SUBMITTED PAPERS ONLY, EXTENDING TRO UNTIL OCTOBER 12, 2021 AS TO #5 Emergency MOTION for Temporary Restraining Order : IT IS SO ORDERED that, 1. The in-person oral argument scheduled for 10:00 a.m. on Tuesday, September 28, 2021 is CANCELLED; 2. Plaintiffs' pending request to convert the TRO to a preliminary injunction will be heard on the submission of the papers with no appearances required or allowed; 3. Defendants' opposition remains due on or before Wednesday, September 22, 2021 at 5:00 p.m.; 4. Because of the likelihood of irreparable harm to plaintiffs and in light of the fact that the practical effect of the TRO will not begin to restrain the enforcement of the disputed regulation until September 27, 2021, the Court finds that good cause exists to extend the TRO a further fourteen days to October 12, 2021; and 5. A written decision on plaintiffs' request for a preliminary injunction will be issued on or before October 12, 2021. Signed by Judge David N. Hurd on 9/20/2021. (ptm)
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| Filing 14 RESPONSE in Opposition re #13 Letter Motion from Ryan Hickey for Kathy Hochul, Letitia James, Howard A. Zucker requesting that the oral argument on Plaintiffs' motion for a preliminary injunction be rescheduled to September 24, 2021 submitted to Judge Hurd , #5 Emergency MOTION for Temporary Restraining Order Dr. A., et al. v. Governor Hochul, et al. Letter in Opposition to Defendants' Motion to advance oral argument date filed by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Technologist P., Therapist I.. (Attachments: #1 Exhibit(s))(Ferrara, Christopher) |
| Filing 13 Letter Motion from Ryan Hickey for Kathy Hochul, Letitia James, Howard A. Zucker requesting that the oral argument on Plaintiffs' motion for a preliminary injunction be rescheduled to September 24, 2021 submitted to Judge Hurd . (Hickey, Ryan) |
| Filing 12 NOTICE of Appearance by Kasey K. Hildonen on behalf of All Defendants (Hildonen, Kasey) |
| Filing 11 AFFIDAVIT of Service for Summons, Verified Complaint, Filing Order/General Order #25, Order of the Honorable David N. Hurd, U.S.D.J., dated Sept. 14, 2021; Motion for a Temporary Restraining Order and Preliminary Injunction, With Leave to Proceed Under Pseudonyms, and the supporting Memorandum of Law and Proposed Order to Show Cause; Unsworn Declaration of Michael G. McHale, Esq. pursuant to 28 U.S.C. Sect. 1746; and Mr. McHale's Unsworn Declaration pursuant to Local Rule 7.1(a)(2) and Federal Rule of Civil Procedure 65 served on Co-defendant Letitia James on September 15, 2021, filed by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A.. (Ferrara, Christopher) |
| Filing 10 AFFIDAVIT of Service for Summons, Verified Complaint, Filing Order/General Order #25, Order of the Honorable David N. Hurd, U.S.D.J., dated Sept. 14, 2021; Motion for a Temporary Restraining Order and Preliminary Injunction, With Leave to Proceed Under Pseudonyms, and the supporting Memorandum of Law and Proposed Order to Show Cause; Unsworn Declaration of Michael G. McHale, Esq. pursuant to 28 U.S.C. Sect. 1746; and Mr. McHale's Unsworn Declaration pursuant to Local Rule 7.1(a)(2) and Federal Rule of Civil Procedure 65 served on Co-defendant Howard A. Zucker on September 15, 2021, filed by Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Technologist P., Therapist I.. (Ferrara, Christopher) |
| Filing 9 AFFIDAVIT of Service for Summons, Verified Complaint, Filing Order/General Order #25, Order of the Honorable David N. Hurd, U.S.D.J., dated Sept. 14, 2021; Motion for a Temporary Restraining Order and Preliminary Injunction, With Leave to Proceed Under Pseudonyms, and the supporting Memorandum of Law and Proposed Order to Show Cause; Unsworn Declaration of Michael G. McHale, Esq. pursuant to 28 U.S.C. Sect. 1746; and Mr. McHale's Unsworn Declaration pursuant to Local Rule 7.1(a)(2) and Federal Rule of Civil Procedure 65 served on Co-defendant Kathy Hochul on September 15, 2021, filed by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A.. (Ferrara, Christopher) |
| Filing 8 NOTICE of Appearance by Ryan W. Hickey on behalf of Kathy Hochul, Letitia James, Howard A. Zucker (Hickey, Ryan) |
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Filing 7
ORDER granting #5 Motion for TRO re #5 Emergency MOTION for Temporary Restraining Order Dr. A., et al. v. Governor Hochul, et al.. Plaintiffs shall serve defendants with (1) this Order; (2) the operative complaint and supporting exhibits; and (3) the motion for a temporary restraining order and preliminary injunction no later than Thursday, September 16, 2021 at 12:00 p.m.; Defendants are to advise the Court if they oppose plaintiffs request for a preliminary injunction pending an expedited resolution of the merits of the main issue for a permanent injunction; If yes, defendants shall file and serve all submissions in opposition to the plaintiffs motion for a preliminary injunction before Wednesday, September 22, 2021 at 5:00 p.m.; No reply is permitted; Defendants shall further advise the Court if they oppose plaintiffs request to proceed pseudonymously; If yes, defendants shall file and serve all submissions in opposition to the plaintiffs request to proceed pseudonymously before Wednesday, September 22, 2021 at 5:00 p.m.; No reply is permitted; and If yes, defendants shall SHOW CAUSE at an in-person oral argument to be held at 10:00 a.m. on Tuesday, September 28, 2021 at the United States Courthouse in Utica, New York why the TRO should not be converted to a preliminary injunction in accordance with Rule 65 of the Federal Rules of Civil Procedure. Signed by Judge David N. Hurd on 9/14/2021. (see)
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| Filing 6 NOTICE by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Technologist P., Therapist I. Dr. A., et al. v. Governor Hochul, et al. (McHale, Michael) |
| Filing 5 Emergency MOTION for Temporary Restraining Order Dr. A., et al. v. Governor Hochul, et al. by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Technologist P., Therapist I.. (Attachments: #1 Memorandum of Law, #2 Proposed Order/Judgment)(McHale, Michael) |
| Filing 4 NOTICE of Admission Requirement: Attorney Peter Breen, Email address is pbreen@thomasmoresociety.org. Phone number is (312) 782-1680. Attorney Stephen M. Crampton, Email address is scrampton@thomasmoresociety.org Phone number is 662-255-9438. Admissions due by 9/27/2021. {Notice served on attorneys via email and regular mail}(pjh, ) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Telephone Conference set for 12/15/2021 at 10:00 AM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/8/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh, ) |
| Filing 2 Summons Issued as to Kathy Hochul. (Attachments: #1 Summons Issued as to Howard A. Zucker, #2 Summons Issued as to Letitia James)(pjh, ) |
| Filing 1 COMPLAINT against Kathy Hochul, Letitia James and Howard A. Zucker (Filing fee $402 receipt number ANYNDC-5645223) filed by Nurse N., Therapist I., Physician Liaison X., Nurse A., Dr. A, Nurse S., Dr. P., Dr. G., Dr. C., Nurse J., Dr. O., Dr. S., Technologist P., Dr. J., Nurse D., Dr. M. and Dr. F. (Attachments: #1 Civil Cover Sheet, #2 Declaration of Michael McHale, Esq.)(pjh, ) |
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