L.T. et al v. Zucker
Plaintiff: L.T., M.T., Jeffrey N. Thomas, T.L., B.L., R.L., A.L., Karen LeClair, J.S., Danielle Schipano, B.P., Andrea Penamora, E.W. and Joseph Whitehead
Defendant: Howard A. Zucker
Case Number: 1:2021cv01034
Filed: September 20, 2021
Court: US District Court for the Northern District of New York
Presiding Judge: Lawrence E Kahn
Referring Judge: Daniel J Stewart
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 16, 2021 Opinion or Order Filing 20 TEXT ORDER: The Court has received Plaintiffs' request for an extension of the deadline to file their memorandum supporting their motion for preliminary injunction. Dkt. No. 19 ("Request"). Plaintiffs' Request is hereby GRANTED. Plaintiffs' memorandum and papers supporting their motion for preliminary injunction must be filed on or before November 24, 2021. Defendant must file his response by November 30, 2021 and Plaintiffs must file their reply by December 3, 2021. The hearing on Plaintiffs' motion, currently scheduled for December 1, is hereby moved to December 15, 2021 at 10:30 A.M. Signed by Senior Judge Lawrence E. Kahn on November 16, 2021. (sas)
November 15, 2021 Filing 19 Letter Motion from Adam G. Giangreco for A.L., B.L., B.P., E.W., J.S., L.T., Karen LeClair, M.T., Andrea Penamora, R.L., Danielle Schipano, T.L., Jeffrey N. Thomas, Joseph Whitehead requesting extension of time to file papers in support of motion for preliminary injunction submitted to Judge Lawrence E. Kahn, US District Court Judge . (Giangreco, Adam)
October 29, 2021 Set/Reset Deadlines as to SHOW CAUSE Motion Hearing is reset for 12/2/2021 at 10:00 AM in Albany before Senior Judge Lawrence E. Kahn. Proceeding moved 1 day at the request of the Court. (sas)
October 22, 2021 Opinion or Order Filing 18 TEXT ORDER: The Court has received Defendant's letter, Dkt. No. 17 ("Request"), requesting that the deadline for Defendant to answer or otherwise move against the complaint, Dkt. No. 1 ("Complaint"), be held in abeyance until Plaintiff's application for preliminary injunction, Dkt. No. 4, is decided. Defendant's Request is hereby GRANTED. Defendant must answer or otherwise move against Plaintiffs' Complaint within 21 days of the issuance of the Court's decision on Plaintiffs' application for preliminary injunction. Additionally, the Court noted in the text order issued September 28, 2021 that it would set a date and time for hearing on Plaintiff's application for preliminary injunction after it ruled on Plaintiffs' request for disclosures, which it did on October 13, 2021. Thus, it is ORDERED that Plaintiffs submit their memorandum in support of their motion for preliminary injunction on or before November 17, 2021. Defendant must file his response by November 19, 2021 and Plaintiffs must file their reply by November 23, 2021. It is further ORDERED, that Defendant show cause before the Honorable Judge Lawrence Kahn in Courtroom No. 1 on the fourth floor of the James T. Foley U.S. Courthouse, 445 Broadway, Albany, NY 12207, on December 1, at 10:00 A.M. as to why a preliminary injunction pursuant to Federal Rule of Civil Procedure 65(a) should not be issued enjoining Defendant from enforcing that part of 10 NYCRR 2.60 requiring primary and secondary students to wear masks and why such other and further relief should not be granted to Plaintiffs. Signed by Senior Judge Lawrence E. Kahn on October 22, 2021. (sas)
October 22, 2021 Filing 17 Letter Motion from Jorge A. Rodriguez, AAG for Howard A. Zucker requesting deadline to answer or move against complaint be held in abeyance pending resoution of preliminary injunction application submitted to Judge Lawrence E. Kahn, USDJ . (Rodriguez, Jorge)
October 13, 2021 Opinion or Order Filing 16 MEMORANDUM-DECISION AND ORDER. It is hereby ORDERED, that Plaintiffs' request for a temporary restraining order is hereby DENIED; and it is further ORDERED, that Plaintiffs' request for expedited discovery is hereby GRANTED, defendant shall serve the following documents and information on Plaintiffs' attorney on or before November 10, 2021: (1) All studies, opinions, papers, data, and statistics relied upon by Defendant in his attempt to ascertain the harm and risk of COVID-19 (and all of its variants) to children under 18 years of age; (2) All studies, opinions, papers, data, and statistics that were rejected by Defendant in his attempt to ascertain the harm and risk of COVID-19 (and all of its variants) to children under 18 years of age; (3) All studies, opinions, papers, data, and statistics relied upon by Defendant in his attempt to ascertain that masks worn by children under 18 years of age are an effective barrier to the transmission of COVID-19 (and of all its variants) in schools and in general; (4) All studies, opinions, papers, data, and statistics that were rejected by Defendant in his attempt to ascertain that masks worn by children under 18 years of age are an effective barrier to the transmission of COVID-19 (and of all its variants) in schools and in general; (5) All studies, opinions, papers, data, and statistics relied upon by Defendant in his attempt to ascertain that schools are a place of significant transmission of COVID-19 (and of all its variants); (6) All studies, opinions, papers, data, and statistics that were rejected by Defendant in his attempt to ascertain that schools are a place of significant transmission of COVID-19 (and of all its variants); (7) All studies, opinions, papers, data, and statistics relied upon by Defendant in his attempt to ascertain that children under 18 years of age are significant or substantial transmitters of COVID-19 (and of all its variants); (8) All studies, opinions, papers, data, and statistics that were rejected by Defendant in his attempt to ascertain that children under 18 years of age are significant or substantial transmitters of COVID-19 (and of all its variants). (9) All studies, opinions, papers, data, and statistics that were reviewed, considered or analyzed by Defendant that in any way pertained to the efficacy or inefficacy of wearing masks in inhibiting or preventing the transmission of a virus, including, but not limited to, COVID-19. Signed by Senior Judge Lawrence E. Kahn on 10/13/2021. (dpk)
October 6, 2021 Opinion or Order Filing 15 TEXT ORDER: The Court has received Plaintiffs' letter, Dkt. No. #13 , and Defendant's letter, Dkt. No. #14 , waiving appearance at the hearing currently set for 10/7/2021 at 10:00 AM. Therefore, this matter will be decided entirely on the parties' submissions and no hearing will be held. SO ORDERED by Senior Judge Lawrence E. Kahn on 10/6/2021. (dpk)
October 6, 2021 Filing 14 Letter Motion from Michael G. McCartin for Howard A. Zucker requesting waiver of oral argument submitted to Judge Kahn . (McCartin, Michael)
October 6, 2021 Filing 13 Letter Motion from Thomas Marcelle for A.L., B.L., B.P., E.W., J.S., L.T., Karen LeClair, M.T., Andrea Penamora, R.L., Danielle Schipano, T.L., Jeffrey N. Thomas, Joseph Whitehead requesting submission of argument submitted to Judge Kahn . (Marcelle, Thomas)
October 5, 2021 Filing 12 REPLY to Response to Motion re #4 MOTION for Preliminary Injunction filed by A.L., B.L., B.P., E.W., J.S., L.T., Karen LeClair, M.T., Andrea Penamora, R.L., Danielle Schipano, T.L., Jeffrey N. Thomas, Joseph Whitehead. Motion returnable before Judge Kahn MOTION for Temporary Restraining Order filed by A.L., B.L., B.P., E.W., J.S., L.T., Karen LeClair, M.T., Andrea Penamora, R.L., Danielle Schipano, T.L., Jeffrey N. Thomas, Joseph Whitehead. (Attachments: #1 Declaration Reply Declaration of Jayanta Bhattacharya, #2 Declaration Reply Declaration of Stephen Petty w/ Exs. A, B, #3 Declaration Reply Declaration of Daniel Stock w/ Ex. A, #4 Declaration Reply Declaration of Nicholas Kardaras)(Giangreco, Adam)
October 4, 2021 Opinion or Order Filing 11 TEXT ORDER: The Court has received Plaintiffs' letter motion requesting an extension of 12 hours to submit their reply to Defendant's response. See Dkt. No. #10 ("Letter Motion"). Plaintiffs' Letter Motion is hereby GRANTED. Plaintiffs must file their reply by noon on October 5, 2021. No further extensions will be granted. SO ORDERED by Senior Judge Lawrence E. Kahn on 10/4/2021. (dpk)
October 4, 2021 Filing 10 Letter Motion from Thomas Marcelle for A.L., B.L., B.P., E.W., J.S., L.T., Karen LeClair, M.T., Andrea Penamora, R.L., Danielle Schipano, T.L., Jeffrey N. Thomas, Joseph Whitehead requesting 12 hour ext submitted to Judge Kahn . (Marcelle, Thomas)
October 1, 2021 Filing 9 NOTICE of Appearance by Jorge A. Rodriguez on behalf of Howard A. Zucker (Rodriguez, Jorge)
October 1, 2021 Filing 8 RESPONSE in Opposition re #4 MOTION for Preliminary Injunction filed by A.L., B.L., B.P., E.W., J.S., L.T., Karen LeClair, M.T., Andrea Penamora, R.L., Danielle Schipano, T.L., Jeffrey N. Thomas, Joseph Whitehead. Motion returnable before Judge Kahn MOTION for Temporary Restraining Order filed by Howard A. Zucker. (Attachments: #1 Exhibit(s) A-O to Morne Decl., #2 Exhibit(s) P-R to Morne Decl., #3 Exhibit(s) S-U to Morne Decl., #4 Exhibit(s) V-Z to Morne Decl., #5 Exhibit(s) AA-NN to Morne Decl., #6 Exhibit(s) OO-ZZ to Morne Decl., #7 Exhibit(s) AAA-LLL, #8 Memorandum of Law in Opposition, #9 Appendix A-D to Memo of Law)(Rodriguez, Jorge)
October 1, 2021 Filing 7 AFFIDAVIT of Service for Summons, Verified Complaint, Order to Show Cause re Motion for TRO/PI and supporting papers served on NYS Dept. of Health and NYS AG's Office on September 29, 2021, filed by A.L., B.L., B.P., E.W., J.S., L.T., Karen LeClair, M.T., Andrea Penamora, R.L., Danielle Schipano, T.L., Jeffrey N. Thomas, Joseph Whitehead. (Giangreco, Adam)
October 1, 2021 ***Answer due date updated for Howard A. Zucker answer due 10/22/2021. (ztc, )
September 29, 2021 Filing 6 MEMORANDUM OF LAW Amended filed by A.L., B.L., B.P., E.W., J.S., L.T., Karen LeClair, M.T., Andrea Penamora, R.L., Danielle Schipano, T.L., Jeffrey N. Thomas, Joseph Whitehead. (Attachments: #1 Amended Memo of Law)(Giangreco, Adam)
September 28, 2021 Opinion or Order Filing 5 ORDERED, that Defendant show cause before the Honorable Judge Lawrence Kahn in Courtroom No. 1 on the fourth floor of the James T. Foley U.S. Courthouse, 445 Broadway, Albany, NY 12207 on October 7, 2021, at 10 A.M., why a temporary restraining order pursuant to Federal Rule of Civil Procedure 65(b) should not be issued enjoining Defendant from enforcing that part of 10 NYCRR 2.60 requiring primary and secondary students to wear masks until the Court hears and determines Plaintiffs motion for a preliminary injunction and why such other and further relief should not be granted to Plaintiffs that the Court may deem just and proper; it is further ORDERED, that Plaintiffs shall serve a copy of this Order together with all papers in support of Plaintiffs Order to Show Cause, upon Defendant Howard Zucker by delivering the same to his office, the New York State Department of Health, located at Corning Tower, Empire State Plaza, Albany, New York no later than 5 P.M. on September 29, 2021 and upon the New York State Attorney General Letitia James at the location she has designated for personal service of papers at the Empire State Plaza, Justice Building, 2nd Floor, Albany, NY 12224 no later than 5 P.M. on September 29, 2021. ORDERED, that Defendant shall file and serve responsive papers on Plaintiffs attorney on or before October 1, 2021 with respect to Plaintiffs request for a temporary restraining order; Plaintiffs may file and serve a reply memorandum not to exceed ten pages on Defendants attorney on or before October 4, 2021; and it is further ORDERED, that Defendant show cause before the Honorable Judge Lawrence Kahn in Courtroom No. 1 on the fourth floor of the James T. Foley U.S. Courthouse, 445 Broadway, Albany, NY 12207, why a preliminary injunction pursuant to Federal Rule of Civil Procedure 65(a) should not be issued enjoining Defendant from enforcing that part of 10 NYCRR 2.60 requiring primary and secondary students to wear masks and why such other and further relief should not be granted to Plaintiffs that to this Court may seem just and proper; the Court will set a specific date and time for the hearing on Plaintiffs preliminary injunction when it rules on Plaintiffs request for disclosures. Response to Motion due by 10/1/2021. Reply to Response to Motion due by 10/4/2021. Motion Hearing is set for 10/7/2021 at 10:00 AM in Albany before Senior Judge Lawrence E. Kahn. All attorneys / people planning on attending hearing must wear a mask in the Courtroom. Signed by Senior Judge Lawrence E. Kahn on September 28, 2021. (sas)
September 27, 2021 Filing 4 MOTION for Preliminary Injunction filed by A.L., B.L., B.P., E.W., J.S., L.T., Karen LeClair, M.T., Andrea Penamora, R.L., Danielle Schipano, T.L., Jeffrey N. Thomas, Joseph Whitehead. Motion returnable before Judge Kahn, MOTION for Temporary Restraining Order by A.L., B.L., B.P., E.W., J.S., L.T., Karen LeClair, M.T., Andrea Penamora, R.L., Danielle Schipano, T.L., Jeffrey N. Thomas, Joseph Whitehead. (Attachments: #1 Memorandum of Law in support of the Order to Show Cause, #2 Affirmation Thomas Marcelle, #3 Declaration Dr. Jayanta Bhattacharya, #4 Declaration Dr. Nicholas Kardaras, #5 Declaration Dr. Daniel Stock, #6 Declaration Lauren Capriola, #7 Declaration Steve Petty)(Marcelle, Thomas)
September 20, 2021 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 12/16/2021 at 9:30 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/9/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ds)
September 20, 2021 Filing 2 Summons Issued as to Howard A. Zucker. (ds)
September 20, 2021 Filing 1 COMPLAINT against Howard A. Zucker (Filing fee $402 receipt number ANYNDC-5652325) filed by A.L., J.S., Joseph Whitehead, R.L., Jeffery N. Thomas, B.P., B.L., L.T., E.W., Andrea Penamora, Danielle Schipano, T.L., Karen LeClair, M.T.. (Attachments: #1 Civil Cover Sheet)(ds)

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Search for this case: L.T. et al v. Zucker
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Plaintiff: L.T.
Represented By: Adam G. Giangreco
Represented By: John E. Sweeney
Represented By: Thomas Marcelle
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Plaintiff: M.T.
Represented By: Adam G. Giangreco
Represented By: John E. Sweeney
Represented By: Thomas Marcelle
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Plaintiff: Jeffrey N. Thomas
Represented By: Adam G. Giangreco
Represented By: John E. Sweeney
Represented By: Thomas Marcelle
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Plaintiff: T.L.
Represented By: Adam G. Giangreco
Represented By: John E. Sweeney
Represented By: Thomas Marcelle
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Plaintiff: B.L.
Represented By: Adam G. Giangreco
Represented By: John E. Sweeney
Represented By: Thomas Marcelle
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Plaintiff: R.L.
Represented By: Adam G. Giangreco
Represented By: John E. Sweeney
Represented By: Thomas Marcelle
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Plaintiff: A.L.
Represented By: Adam G. Giangreco
Represented By: John E. Sweeney
Represented By: Thomas Marcelle
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Plaintiff: Karen LeClair
Represented By: Adam G. Giangreco
Represented By: John E. Sweeney
Represented By: Thomas Marcelle
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Plaintiff: J.S.
Represented By: Adam G. Giangreco
Represented By: John E. Sweeney
Represented By: Thomas Marcelle
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Plaintiff: Danielle Schipano
Represented By: Adam G. Giangreco
Represented By: John E. Sweeney
Represented By: Thomas Marcelle
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Plaintiff: B.P.
Represented By: Adam G. Giangreco
Represented By: John E. Sweeney
Represented By: Thomas Marcelle
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Plaintiff: Andrea Penamora
Represented By: Adam G. Giangreco
Represented By: John E. Sweeney
Represented By: Thomas Marcelle
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Plaintiff: E.W.
Represented By: Adam G. Giangreco
Represented By: John E. Sweeney
Represented By: Thomas Marcelle
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Plaintiff: Joseph Whitehead
Represented By: Adam G. Giangreco
Represented By: John E. Sweeney
Represented By: Thomas Marcelle
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Defendant: Howard A. Zucker
Represented By: Jorge A. Rodriguez
Represented By: Michael G. McCartin
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