Andre-Rodney et al v. Hochul et al
Plaintiff: Daphne Jane Andre-Rodney, John Ludewig, Orie Monroe, Ryan G. Richards, Raymond Smith, Paul J. Williams, Syed Azad, Michael Thomas Finelli and Bryan Reeves
Defendant: Kathy Hochul, Howard Zucker, New York State Department of Health, New York State and New York State Public Health and Planning Council
Case Number: 1:2021cv01053
Filed: September 22, 2021
Court: US District Court for the Northern District of New York
Presiding Judge: Christian F Hummel
Referring Judge: Brenda K Sannes
Nature of Suit: Constitutional - State Statute
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 1, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 1, 2021 Opinion or Order Filing 18 MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that Plaintiffs' motion for a preliminary injunction (Dkt. No. #4 ) is DENIED. It is further ORDERED that Plaintiffs' motion for an injunction pending appeal pursuant to Federal Rule of Appellate Procedure 8(a)(1) is DENIED. It is further ORDERED that Defendants' response to the complaint is due within 30 days from the date of this Order. Signed by Judge Brenda K. Sannes on 11/1/2021. (nmk)
October 29, 2021 Filing 17 AFFIDAVIT of Service by Daphne Jane Andre-Rodney, Syed Azad, Michael Thomas Finelli, John Ludewig, Orie Monroe, Bryan Reeves, Ryan G. Richards, Raymond Smith, Paul J. Williams. (Vacco, Dennis)
October 29, 2021 TEXT Minute Entry for Telephone Conference held on 10/29/2021 before Judge Brenda K. Sannes: Plaintiffs' counsel advises there are 4 remaining plaintiffs who are currently on leave. The remaining four have either been vaccinated or retired. Plaintiffs' counsel anticipates filing a motion to dismiss certain plaintiffs. After hearing supplemental arguments, the court reserves and will issue a written decision. Appearances: Dennis Vacco, Esq. for plaintiffs; Jorge Rodriguez, Esq. for defendants. (Court Reporter: Jodi Hibbard. Time: 9:30 AM - 10:15 AM.) (nmk)
October 29, 2021 ***Answer due date updated for New York State Department of Health answer due 10/18/2021. (map)
October 22, 2021 Opinion or Order Filing 16 TEXT ORDER: granting #15 Letter Request for an adjournment. The telephone conference regarding the #4 Motion for Preliminary Injunction is rescheduled to 10/29/2021 at 9:30 AM. The parties are directed to use the previously provided call-in information. So Ordered by Judge Brenda K. Sannes on 10/22/2021. (nmk)
October 19, 2021 Filing 15 Letter Motion from Dennis C. Vacco, Counsel for Daphne Jane Andre-Rodney, Syed Azad, Michael Thomas Finelli, John Ludewig, Orie Monroe, Bryan Reeves, Ryan G. Richards, Raymond Smith, Paul J. Williams requesting Adjournment of telephonic motion hearing submitted to Judge Brenda K. Sannes . (Vacco, Dennis)
October 15, 2021 Opinion or Order Filing 14 TEXT ORDER: granting #13 Letter Request. The time for defendants to answer or otherwise respond to the complaint is stayed pending a resolution of the pending motion for preliminary injunction. So Ordered by Judge Brenda K. Sannes on 10/15/2021. (nmk)
October 14, 2021 Filing 13 Letter Motion from Jorge A. Rodriguez, AAG for Kathy Hochul, New York State, New York State Department of Health, New York State Public Health and Planning Council, Howard Zucker requesting answer or motion against complaint be held in abeyance pending resoution of motion for preliminary injunction submitted to Judge Brenda K. Sannes, USDJ . (Rodriguez, Jorge)
October 14, 2021 TEXT NOTICE of Hearing on #4 MOTION for preliminary injunction: A telephonic Motion Hearing is set for 10/21/2021 at 01:30 PM before Judge Brenda K. Sannes. The clerk will provide call-in information the the parties. (nmk)
October 8, 2021 Filing 12 REPLY to Response to Motion re #4 Emergency MOTION for Temporary Restraining Order filed by Daphne Jane Andre-Rodney, Syed Azad, Michael Thomas Finelli, John Ludewig, Orie Monroe, Bryan Reeves, Ryan G. Richards, Raymond Smith, Paul J. Williams. (Vacco, Dennis)
October 1, 2021 Filing 11 NOTICE of Appearance by Jorge A. Rodriguez on behalf of All Defendants (Rodriguez, Jorge)
October 1, 2021 Filing 10 MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion filed by Kathy Hochul, New York State, New York State Department of Health, New York State Public Health and Planning Council, Howard Zucker. (Attachments: #1 Declaration Rausch-Phung, #2 Exhibit(s) Rausch A-Z, #3 Exhibit(s) Rausch AA-ZZ, #4 Exhibit(s) Rausch AAA-DDD, #5 Declaration Murphy, #6 Exhibit(s) Murphy A, #7 Declaration Lutterloh, #8 Exhibit(s) Lutterloh A, #9 Exhibit(s) Lutterloh B, #10 Exhibit(s) Lutterloh C, #11 Exhibit(s) Lutterloh D, #12 Exhibit(s) Lutterloh E, #13 Declaration Hennessey, #14 Declaration Deetz)(Haner, Brittany)
September 27, 2021 Filing 9 AFFIDAVIT re 8 Order,,,,, Service by Daphne Jane Andre-Rodney, Syed Azad, Michael Thomas Finelli, John Ludewig, Orie Monroe, Bryan Reeves, Ryan G. Richards, Raymond Smith, Paul J. Williams. (Allen, Scott)
September 23, 2021 Opinion or Order Filing 8 TEXT ORDER: The Court has reviewed the complaint #1 , Plaintiffs' motion for a temporary restraining order (TRO) and a preliminary injunction #4 , and all of the attachments to these documents. The Court notes that Plaintiffs have filed a declaration #5 stating that they have provided notice to Defendants of all filings in this case. The Court finds that Plaintiffs have failed to meet their burden of making the showing required for a TRO, see, e.g., Geller v. de Blasio, --- F. Supp. 3d ---, No. 20-cv-3566, 2020 WL 2520711, at *2, 2020 U.S. Dist. LEXIS 87405, at *6 (S.D.N.Y. May 18, 2020), and therefore DENIES Plaintiffs' motion for a TRO. The Court has also considered Plaintiffs' request for an injunction pending appeal, and the applicable factors, see, e.g., In re World Trade Center Disaster Site Litigation, 503 F.3d 167, 170 (2d Cir. 2007); LaRouche v. Kezer, 20 F.3d 68, 72 (2d Cir. 1994), and finds that Plaintiffs have failed to establish that an injunction pending appeal is warranted. Defendants may file a response to Plaintiffs' motion for a preliminary injunction by October 1, 2021, and Plaintiffs may file a reply by October 8, 2021. Plaintiffs are directed to serve a copy of this Text Order on all Defendants, by September 24, 2021, and file a proof of service by September 27, 2021. So Ordered by Judge Brenda K. Sannes on 9/23/2021. (nmk)
September 23, 2021 Filing 7 NOTICE of Appearance by Scott Allen on behalf of All Plaintiffs (Allen, Scott)
September 23, 2021 Filing 6 NOTICE of Appearance by Dennis C. Vacco on behalf of All Plaintiffs (Vacco, Dennis)
September 23, 2021 Filing 5 AFFIDAVIT of Dennis C. Vacco by Daphne Jane Andre-Rodney, Syed Azad, Michael Thomas Finelli, John Ludewig, Orie Monroe, Bryan Reeves, Ryan G. Richards, Raymond Smith, Paul J. Williams. (Vacco, Dennis)
September 23, 2021 Filing 4 Emergency MOTION for Temporary Restraining Order by Daphne Jane Andre-Rodney, Syed Azad, Michael Thomas Finelli, John Ludewig, Orie Monroe, Bryan Reeves, Ryan G. Richards, Raymond Smith, Paul J. Williams. (Attachments: #1 Memorandum of Law, #2 Proposed Order/Judgment)(Vacco, Dennis)
September 23, 2021 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/3/2022 at 09:00 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 12/27/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (egr)
September 23, 2021 Filing 2 Summons Issued as to Kathy Hochul. (Attachments: #1 Summons issued as to Howard Zucker, #2 Summons issued as to New York State, #3 Summons issued as to New York State Public Health and Planning Council, #4 Summons issued as to New York State Department of Health)(egr)
September 22, 2021 Filing 1 COMPLAINT against Kathy Hochul, Howard Zucker, New York State, New York State Department of Health, New York State Public Health and Planning Council, (Filing fee $402 receipt number ANYNDC-5656756) filed by Daphne Jane Andre-Rodney, Orie Monroe, Michael Thomas Finelli, John Ludewig, Paul J. Williams, Syed Azad, Ryan G. Richards, Raymond Smith, Bryan Reeves. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(egr)

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Plaintiff: Daphne Jane Andre-Rodney
Represented By: Dennis C. Vacco
Represented By: Scott Allen
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Plaintiff: John Ludewig
Represented By: Dennis C. Vacco
Represented By: Scott Allen
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Plaintiff: Orie Monroe
Represented By: Dennis C. Vacco
Represented By: Scott Allen
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Plaintiff: Ryan G. Richards
Represented By: Dennis C. Vacco
Represented By: Scott Allen
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Plaintiff: Raymond Smith
Represented By: Dennis C. Vacco
Represented By: Scott Allen
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Plaintiff: Paul J. Williams
Represented By: Dennis C. Vacco
Represented By: Scott Allen
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Plaintiff: Syed Azad
Represented By: Dennis C. Vacco
Represented By: Scott Allen
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Plaintiff: Michael Thomas Finelli
Represented By: Dennis C. Vacco
Represented By: Scott Allen
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Plaintiff: Bryan Reeves
Represented By: Dennis C. Vacco
Represented By: Scott Allen
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Defendant: Kathy Hochul
Represented By: Brittany M. Haner
Represented By: Jorge A. Rodriguez
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Defendant: Howard Zucker
Represented By: Brittany M. Haner
Represented By: Jorge A. Rodriguez
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Defendant: New York State Department of Health
Represented By: Brittany M. Haner
Represented By: Jorge A. Rodriguez
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Defendant: New York State
Represented By: Brittany M. Haner
Represented By: Jorge A. Rodriguez
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Defendant: New York State Public Health and Planning Council
Represented By: Brittany M. Haner
Represented By: Jorge A. Rodriguez
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