Jacobson v. Bassett
| William A. Jacobson |
| Mary T. Bassett |
| National Birth Equity Collaborative, National Medical Association, American Medical Association, Medical Society of the State of New York, American College of Physicians, American Public Health Association, Council of Medical Specialty Societies, New York State Academy of Family Physicians, Community Service Society of New York, Housing Works, Callen-Lorde Community Health Center, Partners in Health and Medical and Health Equity Professionals and Academics |
| 3:2022cv00033 |
| January 16, 2022 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Miroslav Lovric |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 57 MANDATE OF USCA as to #54 Notice of Appeal: We hold that Plaintiffs fail to establish standing to challenge State and City Defendants' December 2021 guidance on how to prioritize patients for specified COVID-19 treatments during a supply shortage. They fail to demonstrate an imminent injury in fact regarding their alleged denial of equal treatment and increased risk of severe illness. And Plaintiff Jacobson fails to demonstrate that his alleged emotional injury is traceable to the challenged guidance. In reaching our conclusion, we emphasize that we have not considered the merits of Plaintiffs' appeals. In sum, we have reviewed all of the arguments raised by Plaintiffs Roberts, Vavruska, and Jacobson on appeal and find them to be without merit. For the foregoing reasons, we AFFIRM the March 15, 2022 order of the U.S. District Court for the Eastern District of New York and the April 1, 2022 judgment of the U.S. District Court for the Northern District of New York.(map) |
| USCA Case Number 22-692 for #54 Notice of Appeal filed by William A. Jacobson. (nas ) |
| Filing 56 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #54 Notice of Appeal. (map) |
| Filing 55 JUDGMENT in favor of Mary T. Bassett against William A. Jacobson. (Attachments: #1 Appeal Notice) (ban) |
| Filing 54 NOTICE OF APPEAL as to #53 Order on Motion for Preliminary Injunction,,,, Order on Motion to Dismiss,,,, Order on Motion to Certify Class,,, by William A. Jacobson. Filing fee $ 505, receipt number ANYNDC-5857118. (Connolly, J.) |
| Filing 53 MEMORANDUM-DECISION AND ORDER denying as moot #34 Motion for Preliminary Injunction; granting #42 Motion to Dismiss; denying as moot #33 Motion to Certify Class: The Court hereby ORDERS that Defendant's cross motion to dismiss (Dkt. No. 42) is GRANTED; and the Court further ORDERS that Plaintiff's motions to certify a class (Dkt. No. 33) and for a preliminary injunction (Dkt. No. 34) are DENIED as moot; and the Court further ORDERS that all claims against Defendant are DISMISSED without prejudice; and the Court further ORDERS that the Clerk of the Court enter judgment in defendants favor, and close this case; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 3/25/22. (ban) |
| Filing 52 RESPONSE in Opposition re #51 Letter Motion from Adrienne J. Kerwin for Mary T. Bassett requesting advising of recent decision submitted to Judge D'Agostino filed by William A. Jacobson. (Connolly, J.) |
| Filing 51 Letter Motion from Adrienne J. Kerwin for Mary T. Bassett requesting advising of recent decision submitted to Judge D'Agostino . (Attachments: #1 Exhibit(s) Decision)(Kerwin, Adrienne) |
| Filing 50 Amicus Curiae BRIEF and APPEARANCE entered by Rachel Fried on behalf of American College of Physicians, American Medical Association, American Public Health Association, Callen-Lorde Community Health Center, Community Service Society of New York, Council of Medical Specialty Societies, Housing Works, Medical Society of the State of New York, National Birth Equity Collaborative, National Medical Association, New York State Academy of Family Physicians, Partners in Health, and Medical and Health Equity Professionals and Academics. (ban) |
| Filing 49 TEXT ORDER granting #45 Motion for Leave to File to file an Amicus Curiae Brief re #34 Motion for Preliminary Injunction and #33 Motion to Certify Class: It is hereby ORDERED that the Amicus Curiae Brief filed by The Democracy Forward Foundation, is accepted for filing. The Clerk is hereby directed to file the Amicus Brief attached to document no. 45 as a separate docket entry. Signed by U.S. District Judge Mae A. D'Agostino on 3/4/2022. (ban) |
| Filing 48 REPLY to Response to Motion re #33 MOTION to Certify Class filed by William A. Jacobson. filed by William A. Jacobson. (Connolly, J.) |
| Filing 47 REPLY to Response to Motion re #34 MOTION for Preliminary Injunction filed by William A. Jacobson. filed by William A. Jacobson. (Connolly, J.) |
| Filing 46 NOTICE of Appearance by John Lewis on behalf of American College of Physicians, American Medical Association, American Public Health Association, Callen-Lorde Community Health Center, Community Service Society of New York, Council of Medical Specialty Societies, Housing Works, Medical Society of the State of New York, National Birth Equity Collaborative, National Medical Association, New York State Academy of Family Physicians, Partners in Health (Lewis, John) |
| Filing 45 MOTION for Leave to File Amici Curiae Brief filed by American College of Physicians, American Medical Association, American Public Health Association, Callen-Lorde Community Health Center, Community Service Society of New York, Council of Medical Specialty Societies, Housing Works, Medical Society of the State of New York, National Birth Equity Collaborative, National Medical Association, New York State Academy of Family Physicians, Partners in Health. Response to Motion due by 3/16/2022 (Attachments: #1 Exhibit(s) Proposed Amicus Brief, #2 Proposed Order/Judgment) Motions referred to Miroslav Lovric. (Fried, Rachel) |
| Filing 44 NOTICE of Appearance by Rachel Fried on behalf of National Birth Equity Collaborative, National Medical Association, American Medical Association, Medical Society of the State of New York, American College of Physicians, American Public Health Association, Council of Medical Specialty Societies, New York State Academy of Family Physicians, Community Service Society of New York, Housing Works, Callen-Lorde Community Health Center, Partners in Health (Fried, Rachel) |
| Filing 43 RESPONSE in Opposition re #33 MOTION to Certify Class filed by William A. Jacobson. filed by Mary T. Bassett. (Attachments: #1 Exhibit(s) AA to Heslin Decl., #2 Exhibit(s) A to Heslin Decl., #3 Exhibit(s) B to Heslin Decl., #4 Exhibit(s) C to Heslin Decl., #5 Exhibit(s) D to Heslin Decl., #6 Exhibit(s) E to Heslin Decl., #7 Exhibit(s) F to Heslin Decl., #8 Exhibit(s) G to Heslin Decl., #9 Memorandum of Law)(Kerwin, Adrienne) |
| Filing 42 RESPONSE in Opposition re #34 MOTION for Preliminary Injunction filed by William A. Jacobson. and Cross-Motion to Dismiss filed by Mary T. Bassett. (Attachments: #1 Declaration of Dr. Eugene Heslin, #2 Exhibit(s) AA to Heslin Decl., #3 Exhibit(s) A to Heslin Decl., #4 Exhibit(s) B to Heslin Decl., #5 Exhibit(s) C to Heslin Decl., #6 Exhibit(s) D to Heslin Decl., #7 Exhibit(s) E to Heslin Decl., #8 Exhibit(s) F to Heslin Decl., #9 Exhibit(s) G to Heslin Decl., #10 Memorandum of Law)(Kerwin, Adrienne) |
| Filing 41 NOTICE of Appearance by Gene Hamilton on behalf of William A. Jacobson (Hamilton, Gene) |
Filing 40
ORDER granting #7 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 2/10/2022. (jdp )
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| Filing 39 NOTICE of Appearance by Adam K. Mortara on behalf of William A. Jacobson (Mortara, Adam) |
| Filing 38 Supplemental Admission documents re: #7 Motion for Limited Admission Pro Hac Vice. (Trainor, James) |
| Filing 37 Supplemental Admission documents re: #7 Motion for Limited Admission Pro Hac Vice. (Trainor, James) |
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Filing 36
ORDER denying #7 Motion for Limited Admission Pro Hac Vice for failing to address admission filing deficiency. 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 2/8/2022. (jdp)
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| TEXT NOTICE re #34 MOTION for Preliminary Injunction filed by William A. Jacobson, #33 MOTION to Certify Class filed by William A. Jacobson: Pursuant to the telephone pre-motion conference held with counsel on 2/2/22, the response and reply deadlines are reset accordingly -- Response to Motions/Cross-Motion due by 2/18/2022. Reply to Response to Motions due by 2/25/2022. The motions will be decided on the submission of the papers only, unless otherwise directed by the Court.(ban) |
| Filing 35 NOTICE of Appearance by Jonathan F. Mitchell on behalf of William A. Jacobson (Mitchell, Jonathan) |
| Filing 34 MOTION for Preliminary Injunction filed by William A. Jacobson. Response to Motion due by 2/25/2022. Reply to Response to Motion due by 3/4/2022 (Attachments: #1 Memorandum of Law, #2 Declaration, #3 Proposed Order/Judgment) (Mitchell, Jonathan) |
| Filing 33 MOTION to Certify Class filed by William A. Jacobson. Response to Motion due by 2/25/2022. Reply to Response to Motion due by 3/4/2022 (Attachments: #1 Memorandum of Law, #2 Declaration, #3 Proposed Order/Judgment) (Mitchell, Jonathan) |
| Filing 32 NOTICE of Appearance by James F. Hasson on behalf of William A. Jacobson (Hasson, James) |
| Filing 31 NOTICE of Appearance by J. Michael Connolly on behalf of William A. Jacobson (Connolly, J.) |
| Filing 30 NOTICE of Appearance by Jeffrey M. Harris on behalf of William A. Jacobson (Harris, Jeffrey) |
| Filing 29 AFFIDAVIT in Support re #7 MOTION for Limited Admission Pro Hac Vice of Gene P. Hamilton Filing fee $100, receipt number ANYNDC-5783927. filed by William A. Jacobson. (Trainor, James) |
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Filing 28
ORDER granting #9 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 2/4/2022. (jdp )
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| Filing 27 TEXT ORDER granting #20 Pre-Motion Letter Request. It is hereby ORDERED that the plaintiff's request for leave to file a motion for prelilminary injunction and Motion for Class Certification is GRANTED; Motions are due to be filed by 2/4/2022. Signed by U.S. District Judge Mae A. D'Agostino on 2/2/22. (ban) |
| TEXT Minute Entry for Telephone Pre-Motion Conference held on 2/2/2022 before U.S. District Judge Mae A. D'Agostino: Appearances by James Trainor, Esq. and J. Michael Connolly, Esq. for the plaintiff; Adrienne Kerwin, AAG for the defendant; Judge D'Agostino addresses counsel regarding the plaintiff's pre-motion letter seeking leave to file a motion for preliminary injunction/class certification; Arguments are heard from both side; Judge D'Agostino questions counsel; The Court grants the plaintiff's request for leave to make their motion for preliminary injunction and class certification - plaintiff's motion shall be filed by 2/4/22; Defendant's response will be due within 2 weeks (2/18/22); Plaintiff's reply will be due by 2/25/22; Defense counsel requests leave to cross-move to dismiss, if necessary - The Court grants the defendant's request, they may cross-move to dismiss, without a further pre-motion conference.(Court Reporter Lisa Tennyson, CRD Britney Norton [time 11:02 a.m. - 11:22 a.m.]) (ban) |
| Filing 26 Supplemental Admission documents re: #9 Motion for Limited Admission Pro Hac Vice. (Hasson, James) |
| Filing 25 NOTICE of Appearance by Adrienne J. Kerwin on behalf of Mary T. Bassett AND Response to #20 Pre-Motion Letter (Kerwin, Adrienne) Modified on 2/1/2022 (ban). |
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Filing 24
ORDER granting #12 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 2/1/2022. (jdp )
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Filing 23
ORDER granting #11 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 2/1/2022. (jdp )
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Filing 22
ORDER granting #10 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 2/1/2022. (jdp )
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Filing 21
ORDER granting #8 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 2/1/2022. (jdp )
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| Filing 20 Pre-Motion Letter by William A. Jacobson requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 1/31/2022 (Trainor, James) |
| Filing 19 AFFIDAVIT in Support re #12 MOTION for Limited Admission Pro Hac Vice of Adam K. Mortara Filing fee $100, receipt number ANYNDC-5783932. filed by William A. Jacobson. (Trainor, James) |
| Filing 18 AFFIDAVIT in Support re #7 MOTION for Limited Admission Pro Hac Vice of Gene P. Hamilton Filing fee $100, receipt number ANYNDC-5783927. filed by William A. Jacobson. (Trainor, James) |
| Filing 17 AFFIDAVIT in Support re #10 MOTION for Limited Admission Pro Hac Vice of Jeffrey M. Harris Filing fee $100, receipt number ANYNDC-5783930. filed by William A. Jacobson. (Trainor, James) |
| Filing 16 AFFIDAVIT in Support re #9 MOTION for Limited Admission Pro Hac Vice of J. Michael Connolly Filing fee $100, receipt number ANYNDC-5783929. filed by William A. Jacobson. (Trainor, James) |
| Filing 15 AFFIDAVIT in Support re #11 MOTION for Limited Admission Pro Hac Vice of Jonathan F. Mitchell Filing fee $100, receipt number ANYNDC-5783931. filed by William A. Jacobson. (Trainor, James) |
| Filing 14 AFFIDAVIT in Support re #8 MOTION for Limited Admission Pro Hac Vice of James F. Hasson Filing fee $100, receipt number ANYNDC-5783928. filed by William A. Jacobson. (Trainor, James) |
| Filing 13 AFFIDAVIT of Service for Complaint, Summons, Civil Cover Sheet, Docket Report, G.O. 25 Filing Order, Notice of Admission Requirement, Request for Issuance of Summons served on Acting Commissioner Marty T. Bassett on January 25, 2022, filed by William A. Jacobson. (Trainor, James) |
| Filing 12 MOTION for Limited Admission Pro Hac Vice of Adam K. Mortara Filing fee $100, receipt number ANYNDC-5783932. Motions referred to Miroslav Lovric. (Trainor, James) |
| Filing 11 MOTION for Limited Admission Pro Hac Vice of Jonathan F. Mitchell Filing fee $100, receipt number ANYNDC-5783931. Motions referred to Miroslav Lovric. (Trainor, James) |
| Filing 10 MOTION for Limited Admission Pro Hac Vice of Jeffrey M. Harris Filing fee $100, receipt number ANYNDC-5783930. Motions referred to Miroslav Lovric. (Trainor, James) |
| Filing 9 MOTION for Limited Admission Pro Hac Vice of J. Michael Connolly Filing fee $100, receipt number ANYNDC-5783929. Motions referred to Miroslav Lovric. (Trainor, James) |
| Filing 8 MOTION for Limited Admission Pro Hac Vice of James F. Hasson Filing fee $100, receipt number ANYNDC-5783928. Motions referred to Miroslav Lovric. (Trainor, James) |
| Filing 7 MOTION for Limited Admission Pro Hac Vice of Gene P. Hamilton Filing fee $100, receipt number ANYNDC-5783927. Motions referred to Miroslav Lovric. (Trainor, James) |
| Notice of Attorney Admission Filing Deficiency re: #9 Motion for Limited Admission Pro Hac Vice of J. Michael Connolly. 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, ) |
| ***Answer due date updated for Mary T. Bassett answer due 2/15/2022. (map) |
| Notice of Attorney Admission Filing Deficiency re: #7 Motion for Limited Admission Pro Hac Vice of Gene P. Hamilton. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a fully complete and executed Declaration of Sponsor; 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 6 Summons Issued as to Defendant Mary T. Bassett. (map) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS(ES): William A. Jacobson is requesting summons(es) be issued as to (Trainor, James) |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Plaintiff's Counsel: Attorney Gene Hamilton, Esq., Jonathan F. Mitchell, Esq., Adam K. Mortara, Esq., Jeffrey Harris, Esq., Michael Connolly, Esq., James Hasson, Esq.. Counsel served Notice of Attorney Admission Requirement via email addresses: gene.hamilton@aflegal.org, jonathan@mitchell.law, adam@mortaralaw.com, jeff@consovoymccarthy.com, mike@consovoymccarthy.com, james@consovoymccarthy.com. Admissions due by 2/1/2022. (Attachments: #1 Notice of Attorney Admission Requirement - Jonathan Mitchell, Esq., #2 Notice of Attorney Admission Requirement - Adam Mortara, Esq., #3 Notice of Attorney Admission Requirement - Gene Hamilton, Esq.)(map) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference by Telephone set for 4/27/2022 at 10:00 AM before U.S. Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/20/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (map) |
| Filing 2 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (map) |
| Filing 1 CLASS ACTION COMPLAINT against Mary T. Bassett (Filing fee $402 receipt number ANYNDC-5772657) filed by William A. Jacobson. (Attachments: #1 Exhibit A - NYS Department of Health Notice to Health Care Providers and Health Care Facilities, #2 Exhibit B - NYS Department of Health Notice of Prioritization of Anti-SARS-CoV-2 Monoclonal Antibodies and Oral Antivirals for the Treatment of COVID-19, #3 Civil Cover Sheet)(map) |
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