Smith et al v. Cuomo et al
| Ann Jones, Dr. Amy Moe, Jill Park, Jane Smith and Mary Doe |
| Deirdre Astin, Arthur S. Hengerer, M.D., Donna Frescatore, Andrew Cuomo, Letitia James, Deputy Commissioner Sarah Benson, Sheila J. Poole, Howard A. Zucker, M.D., J.D. and Stephanie Schulman |
| 5:2021cv00035 |
| January 12, 2021 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Lawrence E Kahn |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 22, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 36 STATUS REPORT by Sarah Benson, Andrew Cuomo, Donna Frescatore, Arthur S. Hengerer, M.D., Letitia James, Sheila J. Poole, Stephanie Schulman, Howard A. Zucker, M.D., J.D.. (Liberati-Conant, Christopher) |
| Filing 35 MOTION to Dismiss for Failure to State a Claim filed by Sarah Benson, Andrew Cuomo, Donna Frescatore, Arthur S. Hengerer, M.D., Letitia James, Sheila J. Poole, Stephanie Schulman, Howard A. Zucker, M.D., J.D.. Motion returnable before Judge Kahn, MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Sarah Benson, Andrew Cuomo, Donna Frescatore, Arthur S. Hengerer, M.D., Letitia James, Sheila J. Poole, Stephanie Schulman, Howard A. Zucker, M.D., J.D.. Motion returnable before Judge Kahn Response to Motion due by 4/2/2021. Reply to Response to Motion due by 4/9/2021 (Attachments: #1 Memorandum of Law in Support of Defendants' Motion to Dismiss and in Opposition to Plaintiffs' Motions for Appointment as Next Friend) (Liberati-Conant, Christopher) |
Filing 34
LETTER REQUEST & ORDER granting DEFENDANTS' #33 request to exceed the memorandum of law page limit - up to 30 pages in the defendants' motion to dismiss. Signed by Senior Judge Lawrence E. Kahn on March 08, 2021. (sas)
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| Filing 33 Letter Motion from AAG Liberati-Conant for Sarah Benson, Andrew Cuomo, Donna Frescatore, Arthur S. Hengerer, M.D., Letitia James, Sheila J. Poole, Stephanie Schulman, Howard A. Zucker, M.D., J.D. requesting permission to file memorandum of law not to exceed 30 pages submitted to Judge Baxter . (Liberati-Conant, Christopher) |
| Filing 32 TEXT ORDER: granting #29 Letter Request. The time for defendants to answer or otherwise respond to the complaint is extended to 3/12/2021. Any responses to #2 plaintiff Mary Doe's motion for appointment as next friend for plaintiff viable unborn children, and #8 plaintiff Ann Jones's motion for appointment as next friend for plaintiff abortion survivors class are due by 3/12/2021. Further, the parties shall propose, by 3/12/2021, a deadline for any defense response to the #3 , #4 , #5 , #6 , and #7 motions for leave to file and prosecute this action anonymously, which the court temporarily granted pending an opportunity for the defendants to object. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/10/2021. (nmk) |
| Filing 31 Summons Issued as to Stephanie Schulman. (khr) |
| Filing 30 Summons Reissued as to Sarah Benson. (khr) |
| Filing 29 Letter Motion from AAG Liberati-Conant for Andrew Cuomo, Arthur S. Hengerer, M.D., Letitia James, Sheila J. Poole, Howard A. Zucker, M.D., J.D. requesting Extension of Defendants' Time to Respond to the Complaint submitted to Judge Baxter . (Liberati-Conant, Christopher) |
| Filing 28 REQUEST FOR ISSUANCE OF SUMMONS(ES): Jane Smith is requesting summons(es) be issued as to (Civiletto, Christen) |
| Filing 27 REQUEST FOR ISSUANCE OF SUMMONS(ES): Jane Smith is requesting summons(es) be issued as to (Civiletto, Christen) |
| ***Answer due date updated for Letitia James answer due 2/16/2021; Howard A. Zucker, M.D., J.D. answer due 2/9/2021. (khr) |
| Filing 26 AFFIDAVIT of Service for Summons and Complaint, Notice of Motion, General Order, Case Assignment Form, Notice of Motion served on Howard Zucker on 01/19/2021, filed by Mary Doe. (Civiletto, Christen) |
| Filing 25 AFFIDAVIT of Service for Summons and Complaint, Notice of Motion, General Order, Case Assignment Form, Notice of Motion served on Howard Zucker on 01/19/2021, filed by Dr. Amy Moe. (Civiletto, Christen) |
| Filing 24 AFFIDAVIT of Service for Summons and Complaint, Notice of Motion, General Order, Case Assignment Form, Notice of Motion served on Howard Zucker on 01/19/2021, filed by Jane Smith. (Civiletto, Christen) |
| Filing 23 AFFIDAVIT of Service for Summons and Complaint, Notice of Motion, General Order, Case Assignment Form, Notice of Motion served on Letitia James on 01/25/2021, filed by Dr. Amy Moe. (Civiletto, Christen) |
| Filing 22 AFFIDAVIT of Service for Summons and Complaint, Notice of Motion, General Order, Case Assignment Form, Notice of Motion served on Letitia James on 01/25/2021, filed by Jill Park. (Civiletto, Christen) |
| Filing 21 AFFIDAVIT of Service for Summons and Complaint, Notice of Motion, General Order, Case Assignment Form, Notice of Motion served on Letitia James on 01/25/2021, filed by Jane Smith. (Civiletto, Christen) |
| Filing 20 AFFIDAVIT of Service for Summons and Complaint, Notice of Motion, General Order, Case Assignment Form, Notice of Motion served on Letitia James on 01/25/2021, filed by Ann Jones. (Civiletto, Christen) |
| Filing 19 AFFIDAVIT of Service for Summons and Complaint, Notice of Motion, General Order, Case Assignment Form, Notice of Motion served on Letitia James on 01/25/2021, filed by Mary Doe. (Civiletto, Christen) |
| Filing 18 NOTICE of Appearance by Teresa S Collett on behalf of All Plaintiffs (Collett, Teresa) |
| Filing 17 TEXT ORDER: TEMPORARILY DENYING #8 plaintiff Ann Jones's motion for appointment as next friend for plaintiff abortion survivors class, pending the service upon and appearance of the defendants, who will then be provided an opportunity to respond to the motion. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/14/2021. (nmk) |
| Filing 16 TEXT ORDER: TEMPORARILY DENYING #2 plaintiff Mary Doe's motion for appointment as next friend for plaintiff viable unborn children, pending the service upon and appearance of the defendants, who will then be provided an opportunity to respond to the motion. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/14/2021. (nmk) |
| Filing 15 TEXT ORDER: TEMPORARILY GRANTING #7 plaintiff Mary Doe's motion for leave to file and prosecute this action anonymously pending the service upon and appearance of the defendants, who will then be provided an opportunity to respond to the motion.So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/14/2021. (nmk) |
| Filing 14 TEXT ORDER: TEMPORARILY GRANTING #6 plaintiff Jill Park's motion for leave to file and prosecute this action anonymously pending the service upon and appearance of the defendants, who will then be provided an opportunity to respond to the motion. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/14/2021. (nmk) |
| Filing 13 TEXT ORDER: TEMPORARILY GRANTING #5 plaintiff Jane Smith's motion for leave to file and prosecute this action anonymously pending the service upon and appearance of the defendants, who will then be provided an opportunity to respond to the motion. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/14/2021. (nmk) |
| Filing 12 TEXT ORDER: TEMPORARILY GRANTING #4 plaintiff Ann Jones' motion for leave to file and prosecute this action anonymously pending the service upon and appearance of the defendants, who will then be provided an opportunity to respond to the motion. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/14/2021. (nmk) |
| Filing 11 TEXT ORDER: TEMPORARILY GRANTING #3 plaintiff Dr. Amy Moe's motion for leave to file and prosecute this action anonymously pending the service upon and appearance of the defendants, who will then be provided an opportunity to respond to the motion. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/14/2021. (nmk) |
| Filing 10 G.O. 25 FILING ORDER ISSUED: All conferences will be conducted by telephone unless the parties are specifically directed to appear. Counsel for the plaintiff is directed to coordinate the initial conference call. Once all parties are on the conference line, Judge Baxters chambers can be reached at 315-234-8600. Initial Conference set for 4/14/2021 10:00 AM in Syracuse before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/7/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) |
| Filing 9 Summons Issued as to Andrew Cuomo. (Attachments: #1 Summons issued to Letitia James, #2 Summons issued to Deirdre Astin, #3 Summons issued to Arthur Hengerer, #4 Summons issued to Howard Zucker, #5 Summons issued to Sarah Benson, #6 Summons issued to Donna Frescatore, #7 Summons issued to Sheila Poole)(khr) |
| Filing 8 MOTION FOR APPOINTMENT OF NEXT FRIEND FOR PLAINTIFF ABORTION SURVIVORS CLASS Response to Motion due by 2/3/2021 filed by Ann Jones. (Attachments: #1 Affirmation, #2 Proposed Order) Motions referred to Andrew T. Baxter. (khr) |
| Filing 7 MOTION FOR LEAVE TO FILE ANONYMOUSLY Response to Motion due by 2/3/2021 filed by Mary Doe. (Attachments: #1 Memorandum of Law, #2 Affirmation of Christen E. Civiletto, #3 Exhibit A to Affirmation, #4 Proposed Order) Motions referred to Andrew T. Baxter. (khr) |
| Filing 6 MOTION FOR LEAVE TO FILE ANONYMOUSLY Response to Motion due by 2/3/2021 filed by Jill Park. (Attachments: #1 Exhibit A) Motions referred to Andrew T. Baxter. (khr) |
| Filing 5 MOTION FOR LEAVE TO FILE ANONYMOUSLY Response to Motion due by 2/3/2021 filed by Jane Smith. (Attachments: #1 Exhibit A) Motions referred to Andrew T. Baxter. (khr) |
| Filing 4 MOTION FOR LEAVE TO FILE ANONYMOUSLY Response to Motion due by 2/3/2021 filed by Ann Jones. (Attachments: #1 Exhibit A) Motions referred to Andrew T. Baxter. (khr) |
| Filing 3 MOTION FOR LEAVE TO FILE ANONYMOUSLY Response to Motion due by 2/3/2021 filed by Dr. Amy Moe. (Attachments: #1 Exhibit A) Motions referred to Andrew T. Baxter. (khr) |
| Filing 2 MOTION FOR APPOINTMENT OF NEXT FRIEND FOR PLAINTIFF VIABLE UNBORN CHILDREN Response to Motion due by 2/3/2021 filed by Mary Doe. Motions referred to Andrew T. Baxter. (khr) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Deirdre Astin, Sarah Benson, Andrew Cuomo, Donna Frescatore, Arthur S. Hengerer, M.D., Letitia James, Sheila J. Poole, Howard A. Zucker, M.D., J.D. (Filing fee $402 receipt number ANYNDC-5378715) filed by Jill Park, Ann Jones, Dr. Amy Moe, Jane Smith, Mary Doe. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(khr) |
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