DR. DOE, M.D. et al v. Hochul et al
| DR. DOE, M.D., DR. DOE 2, M.D., NURSE DOE, R.N. and SCIENTIST DOE, A.S.C.P. |
| Hon. Kathy Hochul, Dr. Howard A. Zucker, Our Lady of Lourdes, Inc., Our Lady of Lourdes Memorial Hospital, Inc. and Howard A. Zucker |
| 3:2021cv01078 |
| October 1, 2021 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Miroslav Lovric |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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| Filing 27 AMENDED COMPLAINT against Hon. Kathy Hochul, Our Lady of Lourdes, Inc., Howard A. Zucker filed by DR. DOE, M.D., DR. DOE 2, M.D., SCIENTIST DOE, A.S.C.P., NURSE DOE, R.N..(Gibson, Sujata) |
Filing 26
TEXT ORDER granting the #25 Motion for Extension of Time: that plaintiffs file their amended complaint as of right on or before 11/23/2021. The Hospital will then either refile their present motion to dismiss, file an amended motion, or otherwise respond to the amended complaint within 21 days of 11/23/2021 on or before 12/14/2021. So Ordered by Judge David N. Hurd on 11/16/2021. (see)
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| Filing 25 MOTION for Extension of Time to Amend #1 Complaint, #21 MOTION to Dismiss filed by Our Lady of Lourdes, Inc.. Motion returnable before Judge David N. Hurd filed by DR. DOE 2, M.D., DR. DOE, M.D., NURSE DOE, R.N., SCIENTIST DOE, A.S.C.P.. Response to Motion due by 12/6/2021 Motions referred to Miroslav Lovric. (Gibson, Sujata) |
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Filing 24
ORDER granting #22 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 11/8/2021. (jdp)
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Filing 23
TEXT ORDER: In light of the filing of Motion to Dismiss #21 , the Rule 16 Initial Conference scheduled for 1/5/2022 before Magistrate Judge Miroslav Lovric and the deadlines for filing of the Civil Case Management Plan and exchange of Mandatory Disclosures are STAYED without date. SO ORDERED by Magistrate Judge Miroslav Lovric on 11/8/2021. (jdp )
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| Filing 22 MOTION for Limited Admission Pro Hac Vice of Mary S. Holland Filing fee $100, receipt number ANYNDC-5703365. (Attachments: #1 Declaration Decl. of Sponsor, #2 Exhibit(s) Cert. of M. Holland Good Standing 1st Dept, #3 Exhibit(s) New Atty. E-Filing Registration Form, #4 Exhibit(s) M. Holland Pet. for Admission) Motions referred to Miroslav Lovric. (Gibson, Sujata) |
| Filing 21 MOTION to Dismiss filed by Our Lady of Lourdes, Inc.. Motion returnable before Judge David N. Hurd Response to Motion due by 11/16/2021. Reply to Response to Motion due by 11/23/2021 (Attachments: #1 Memorandum of Law) (Winters, Kristi) |
| Filing 20 TEXT ORDER GRANTING REQUEST TO WITHDRAW MOTION FOR PRELIMINARY INJUNCTION : Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ, and upon plaintiffs' #19 Request to withdraw their motion for preliminary injunction, Plaintiffs' #2 MOTION for Temporary Restraining Order and Preliminary Injunction is hereby ordered withdrawn and all related deadlines are cancelled and vacated. So Ordered by the Hon. David N. Hurd, USDJ on 10/26/2021. (ptm) |
| Filing 19 REPLY to Response to Motion re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by DR. DOE 2, M.D., DR. DOE, M.D., NURSE DOE, R.N., SCIENTIST DOE, A.S.C.P.. Motion returnable before Judge David N. Hurd Withdrawal of Motion filed by DR. DOE 2, M.D., DR. DOE, M.D., NURSE DOE, R.N., SCIENTIST DOE, A.S.C.P.. (Gibson, Sujata) |
| Filing 18 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by DR. DOE 2, M.D., DR. DOE, M.D., NURSE DOE, R.N., SCIENTIST DOE, A.S.C.P.. Motion returnable before Judge David N. Hurd filed by Our Lady of Lourdes, Inc.. (Attachments: #1 Declaration of Sarah J. Burton with Ex. 1, #2 Declaration of Vincent E. Polsinelli with Exs. A - C)(Polsinelli, Vincent) |
| Filing 17 TEXT ORDER STAYING MOTION FILING DEADLINE S AS TO NEW YORK STATE DEFENDANTS : Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ, and the #14 Letter Motion from Ryan Hickey, AAG for requesting that Plaintiffs' motion for a preliminary injunction be denied as moot or, alternatively, held in abeyance pending the appeal, as to this Courts October 14, 2021 Order on #2 the Motion for Temporary Restraining Order, setting response deadlines of October 20, 2021 at 5:00pm, the response deadlines as to the New York State Defendants are hereby stayed. Response deadline as to all other defendants shall remain in full force and effect. So Ordered by the Hon. David N. Hurd, USDJ on 10/20/2021. (ptm) |
| Filing 16 RESPONSE in Opposition re #14 Letter Motion from Ryan Hickey for Hon. Kathy Hochul, Howard A. Zucker requesting that Plaintiffs' motion for a preliminary injunction be denied as moot or, alternatively, held in abeyance pending the appeal in Dr. A., et al., v. Hochul Opposition to Letter Motion filed by DR. DOE 2, M.D., DR. DOE, M.D., NURSE DOE, R.N., SCIENTIST DOE, A.S.C.P.. (Gibson, Sujata) |
| Filing 15 NOTICE of Appearance by Kasey K. Hildonen on behalf of Hon. Kathy Hochul, Howard A. Zucker (Hildonen, Kasey) |
| Filing 14 Letter Motion from Ryan Hickey for Hon. Kathy Hochul, Howard A. Zucker requesting that Plaintiffs' motion for a preliminary injunction be denied as moot or, alternatively, held in abeyance pending the appeal in Dr. A., et al., v. Hochul, et al., 21-CV-1009 submitted to Judge Hurd . (Hickey, Ryan) |
| Filing 13 NOTICE of Appearance by Ryan W. Hickey on behalf of Hon. Kathy Hochul, Howard A. Zucker (Hickey, Ryan) |
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Filing 12
ORDER: It is hereby ORDERED that Plaintiff's #2 MOTION for Temporary Restraining Order against defendants Hochul and Zucker is DENIED as moot because those defendants remain bound by the existing preliminary injunction entered in Dr. A. v. Hochul, F. Supp. 3d, 2021 WL 4734404 (N.D.N.Y. Oct. 12, 2021); it is further ORDERED that Plaintiffs' #2 motion for a temporary restraining order against defendant Our Lady of Lourdes is DENIED; it is further ORDERED that Defendants shall respond to plaintiffs' request for a preliminary injunction no later than Wednesday, October 20, 2021 at 5:00 p.m.; and it is further ORDERED that Plaintiffs' reply, if any, shall be filed no later than Monday, October 25, 2021 at 5:00 p.m. Signed by Judge David N. Hurd on 10/14/2021. (pjh, )
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| Filing 11 NOTICE of Appearance by Vincent E. Polsinelli on behalf of Our Lady of Lourdes, Inc. (Polsinelli, Vincent) |
| Filing 10 NOTICE of Appearance by Kristi Rich Winters on behalf of Our Lady of Lourdes, Inc. (Winters, Kristi) |
| Filing 9 SUMMONS Returned Executed by DR. DOE, M.D., DR. DOE 2, M.D., SCIENTIST DOE, A.S.C.P., NURSE DOE, R.N.. Our Lady of Lourdes, Inc. served on 10/5/2021, answer due 10/26/2021. (Gibson, Sujata) |
| Filing 8 SUMMONS Returned Executed by DR. DOE, M.D., DR. DOE 2, M.D., SCIENTIST DOE, A.S.C.P., NURSE DOE, R.N.. Howard A. Zucker served on 10/5/2021, answer due 10/26/2021. (Gibson, Sujata) |
| Filing 7 SUMMONS Returned Executed by DR. DOE, M.D., DR. DOE 2, M.D., SCIENTIST DOE, A.S.C.P., NURSE DOE, R.N.. (Gibson, Sujata) |
| Filing 6 SUMMONS Returned Executed by DR. DOE, M.D., DR. DOE 2, M.D., SCIENTIST DOE, A.S.C.P., NURSE DOE, R.N.. Hon. Kathy Hochul served on 10/5/2021, answer due 10/26/2021. (Gibson, Sujata) |
| Filing 5 NOTICE OF ADMISSION REQUIREMENT as to Plaintiff Counsel Robert F. Kennedy Jr., Esq. and Mary Holland, Esq.; Email address of Robert F. Kennedy Jr. is rfk1954@gmail.com and Mary Holland, Esq. is mary.holland@childrenshealthdefense.org. Counsel served by email with a courtesy copy of the GO25. Attorney Admissions due by: 10/19/2021. (map) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Telephone Conference set for 1/5/2022 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 12/29/2021. (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 3 Summons Issued as to Our Lady of Lourdes, Inc. (Attachments: #1 Summons Issued as to Hon. Kathy Hochul, #2 Summons Issued as to Howard A. Zucker)(pjh, ) |
| Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by DR. DOE 2, M.D., DR. DOE, M.D., NURSE DOE, R.N., SCIENTIST DOE, A.S.C.P.. Motion returnable before Judge David N. Hurd by DR. DOE 2, M.D., DR. DOE, M.D., NURSE DOE, R.N., SCIENTIST DOE, A.S.C.P.. (Attachments: #1 Memorandum of Law, #2 Declaration, #3 Exhibit 1 - Vaccine Mandate, #4 Exhibit 2 - NYND TRO, #5 Exhibit 3 - Second Circuit Temporary Injunction, #6 Exhibit 4 - Second Circuit Temporary Injunction, #7 Exhibit 5 - Rush Transcript, #8 Exhibit 6 - In Preparation for Monday Vaccine Deadline, #9 Exhibit 7 - CDC Under Fire, #10 Exhibit 8 - Natural Immunity, #11 Exhibit 9 - CNN Live Transcript, #12 Exhibit 10 - Hochul Signs Executive Order, #13 Exhibit 11 - Army Outlines Vaccine Mandate, #14 Exhibit 12 - Executive Order No. 4)(pjh, ) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Hon. Kathy Hochul, Our Lady of Lourdes, Inc. and Howard A. Zucker (Filing fee $402 receipt number BNYNDC-5668281) filed by DR. DOE, M.D., DR. DOE 2, M.D., SCIENTIST DOE, A.S.C.P. and NURSE DOE, R.N.. (Attachments: #1 Civil Cover Sheet)(pjh, ) |
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