Coney Island Prep et al v. United States Department of Health And Human Services et al
| Coney Island Prep, Leslie-Bernard Joseph, Alexandra Greenberg, Mark Levine, Housing Works, Inc. and Charles King |
| Dr. Robert R Redfield, Dr. Robert Kadlec, Alex M. Azar, II, United States Department of Health And Human Services and Centers for Disease Control and Prevention |
| 1:2020cv09144 |
| October 30, 2020 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 |
| None |
Docket Report
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This docket was last retrieved on December 11, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 47
DECISION AND ORDER: Accordingly, it is hereby ORDERED that the motion of plaintiffs Coney Island Prep, Leslie-Bernard Joseph, Housing Works, Inc., Charles King, New York City Councilmember Mark Levine, and Alexandra Greenberg for a preliminary injunction (Dkt. No. 6) is DENIED. So Ordered. (Signed by Judge Victor Marrero on 12/11/2020) (js)
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| Filing 46 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/2/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 45 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/2/2020 before Judge Victor Marrero. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/28/2020. Redacted Transcript Deadline set for 1/7/2021. Release of Transcript Restriction set for 3/8/2021..(McGuirk, Kelly) |
| Filing 44 LETTER addressed to Judge Victor Marrero from Jennifer Jude dated 12/4/20 re: Status of Settlement Discussions. Document filed by Alex M. Azar, II, Centers for Disease Control and Prevention, Robert Kadlec, Robert R Redfield, United States Department of Health And Human Services..(Jude, Jennifer) |
| Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 12/2/2020. Norman Siegel, Cary McClelland, and Kahlil Williams present for plaintiffs. Allison Rover and Jennifer Jude present for defendants. Court reporter present. The Court heard arguments and reserved judgment on the motion for a preliminary injunction. The parties were directed to meet and confer as to a possible resolution in this matter and apprise the Court of the status of those discussions by Friday, December 4, 2020 at 5:00 p.m. (ksp) |
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Filing 43
ORDER granting #42 Letter Motion for Oral Argument. Request GRANTED. The above-listed attorneys are hereby permitted to appear on behalf of Plaintiffs at the hearing scheduled for December 2, 2020. SO ORDERED. (Signed by Judge Victor Marrero on 11/30/2020) (ks)
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| Filing 42 LETTER MOTION for Oral Argument to Permit Three Attorneys to Represent Plaintiffs addressed to Judge Victor Marrero from Norman Siegel dated November 25, 2020. Document filed by Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(McClelland, Cary) |
| Filing 41 REPLY MEMORANDUM OF LAW in Support re: #6 MOTION for Order to Show Cause . . Document filed by Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(Williams, Kahlil) |
| Filing 40 NOTICE OF APPEARANCE by Allison Rovner on behalf of Alex M. Azar, II, Centers for Disease Control and Prevention, Robert Kadlec, Robert R Redfield, United States Department of Health And Human Services..(Rovner, Allison) |
| Filing 39 DECLARATION of Danny Nguyen in Opposition re: #6 MOTION for Order to Show Cause .. Document filed by Alex M. Azar, II, Centers for Disease Control and Prevention, Robert Kadlec, Robert R Redfield, United States Department of Health And Human Services..(Rovner, Allison) |
| Filing 38 DECLARATION of Wendy Perry in Opposition re: #6 MOTION for Order to Show Cause .. Document filed by Alex M. Azar, II, Centers for Disease Control and Prevention, Robert Kadlec, Robert R Redfield, United States Department of Health And Human Services..(Rovner, Allison) |
| Filing 37 DECLARATION of Diane Foley, MD in Opposition re: #6 MOTION for Order to Show Cause .. Document filed by Alex M. Azar, II, Centers for Disease Control and Prevention, Robert Kadlec, Robert R Redfield, United States Department of Health And Human Services..(Rovner, Allison) |
| Filing 36 DECLARATION of Perryn Ashmore in Opposition re: #6 MOTION for Order to Show Cause .. Document filed by Alex M. Azar, II, Centers for Disease Control and Prevention, Robert Kadlec, Robert R Redfield, United States Department of Health And Human Services..(Rovner, Allison) |
| Filing 35 DECLARATION of Nikki Bratcher-Bowman in Opposition re: #6 MOTION for Order to Show Cause .. Document filed by Alex M. Azar, II, Centers for Disease Control and Prevention, Robert Kadlec, Robert R Redfield, United States Department of Health And Human Services..(Rovner, Allison) |
| Filing 34 DECLARATION of Ileana Arias, Ph.D. in Opposition re: #6 MOTION for Order to Show Cause .. Document filed by Alex M. Azar, II, Centers for Disease Control and Prevention, Robert Kadlec, Robert R Redfield, United States Department of Health And Human Services..(Rovner, Allison) |
| Filing 33 MEMORANDUM OF LAW in Opposition re: #6 MOTION for Order to Show Cause . . Document filed by Alex M. Azar, II, Centers for Disease Control and Prevention, Robert Kadlec, Robert R Redfield, United States Department of Health And Human Services..(Rovner, Allison) |
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Filing 32
ORDER granting #31 Letter Motion for Leave to File Excess Pages. Request GRANTED. Defendants' response may not exceed 50 pages. Plaintiffs' reply may not exceed 20 pages. SO ORDERED. (Signed by Judge Victor Marrero on 11/16/2020) (ks)
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| Filing 31 LETTER MOTION for Leave to File Excess Pages addressed to Judge Victor Marrero from Jennifer Jude dated 11/13/20. Document filed by Alex M. Azar, II, Centers for Disease Control and Prevention, Robert Kadlec, Robert R Redfield, United States Department of Health And Human Services..(Jude, Jennifer) |
| Filing 30 NOTICE OF APPEARANCE by Cary McClelland on behalf of Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(McClelland, Cary) |
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Filing 29
ORDER: granting #28 Letter Motion for Extension of Time to File Response/Reply re #28 LETTER MOTION for Extension of Time to File Response/Reply to Motion for Preliminary Injunction and for Adjournment of PI Hearing addressed to Judge Victor Marrero from Jennifer Jude dated 11/5/20. Request GRANTED. Defendants' response is due November 16, 2020. Plaintiffs' reply is due November 24, 2020. The hearing currently scheduled for November 23, 2020 is hereby adjourned to December 2, 2020 at 11:00 a.m. SO ORDERED. Responses due by 11/16/2020 Replies due by 11/24/2020. (Signed by Judge Victor Marrero on 11/06/2020) (ama)
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| Set/Reset Hearings: Telephone Conference set for 12/2/2020 at 11:00 AM before Judge Victor Marrero. (ama) |
| Filing 28 LETTER MOTION for Extension of Time to File Response/Reply to Motion for Preliminary Injunction and for Adjournment of PI Hearing addressed to Judge Victor Marrero from Jennifer Jude dated 11/5/20. Document filed by Alex M. Azar, II, Centers for Disease Control and Prevention, Robert Kadlec, Robert R Redfield, United States Department of Health And Human Services..(Jude, Jennifer) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #20 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| Filing 27 NOTICE OF APPEARANCE by Goutam Umesh Jois on behalf of Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(Jois, Goutam) |
| Filing 26 NOTICE OF APPEARANCE by Norman H Siegel on behalf of Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(Siegel, Norman) |
| Filing 25 DECLARATION of Dr. Micaela Martinez in Support re: #20 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine. (Attachments: #1 Exhibit A - Socioeconomic Disparities in Subway Use Analysis).(Williams, Kahlil) |
| Filing 24 DECLARATION of Dr. Emily Oster in Support re: #20 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(Williams, Kahlil) |
| Filing 23 DECLARATION of Dr. Mary T. Bassett in Support re: #20 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine. (Attachments: #1 Exhibit A - Health Affairs Article, #2 Exhibit B - PLOS Medicine Article).(Williams, Kahlil) |
| Filing 22 DECLARATION of Alexandra Greenberg in Support re: #20 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(Williams, Kahlil) |
| Filing 21 DECLARATION of Mark Levine in Support re: #20 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(Williams, Kahlil) |
| Filing 20 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(Williams, Kahlil) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
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Filing 19
ORDER: The Court will hold a hearing in the above-captioned matter on Monday, November 23, 2020 at 9:00 a.m. Due to the ongoing COVID-19 pandemic, the hearing will take place by teleconference using the following dial-in: (888) 363-4749 (international callers dial (215) 446-3662), access code 8392198. Defendants' response to Plaintiffs' motion for a preliminary injunction (see Dkt. Nos. 6, 7) shall be due by November 9, 2020 at5:00 p.m. Plaintiffs reply shall be due by November 16, 2020 at 5:00 p.m. The parties are further directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, available on the Court's website: https://www.nysd.uscourts.gov/hon-victor-marrero. SO ORDERED. (Responses due by 11/9/2020, Replies due by 11/16/2020., Telephone Conference set for 11/23/2020 at 09:00 AM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 11/2/2020) (jca)
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| Filing 18 NOTICE OF APPEARANCE by Michael Ryan McDonald on behalf of Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(McDonald, Michael) |
| Filing 17 NOTICE OF APPEARANCE by Marjorie Joan Peerce on behalf of Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(Peerce, Marjorie) |
| Case Designated ECF. (jgo) |
| Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kahlil Charles Williams. The following case opening statistical information was erroneously selected/entered: County code Kings;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Khalil Williams regarding Document No. #6 MOTION for Order to Show Cause .. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the proposed order is not correct. Do not refile the motion. The order to show cause needs to be refiled. (km) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Kahlil Williams to RE-FILE Document #5 Proposed Order. Use the event type proposed order, proposed order to show cause without emergency relief. (km) |
| Filing 16 DECLARATION of Dr. Micaela Martinez in Support re: #6 MOTION for Order to Show Cause .. Document filed by Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(Williams, Kahlil) |
| Filing 15 DECLARATION of Dr. Emily Oster in Support re: #6 MOTION for Order to Show Cause .. Document filed by Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(Williams, Kahlil) |
| Filing 14 DECLARATION of Dr. Mary T. Bassett in Support re: #6 MOTION for Order to Show Cause .. Document filed by Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(Williams, Kahlil) |
| Filing 13 DECLARATION of Dr. Irwin Redlener in Support re: #6 MOTION for Order to Show Cause .. Document filed by Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(Williams, Kahlil) |
| Filing 12 DECLARATION of Alexandra Greenberg in Support re: #6 MOTION for Order to Show Cause .. Document filed by Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(Williams, Kahlil) |
| Filing 11 DECLARATION of Mark Levine in Support re: #6 MOTION for Order to Show Cause .. Document filed by Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(Williams, Kahlil) |
| Filing 10 DECLARATION of Charles King in Support re: #6 MOTION for Order to Show Cause .. Document filed by Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(Williams, Kahlil) |
| Filing 9 DECLARATION of Leslie-Bernard Joseph in Support re: #6 MOTION for Order to Show Cause .. Document filed by Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(Williams, Kahlil) |
| Filing 8 DECLARATION of Kahlil C. Williams in Support re: #6 MOTION for Order to Show Cause .. Document filed by Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine. (Attachments: #1 Exhibit A - Lancet Article, #2 Exhibit B - Letter from Warren & Pressley to Azar, #3 Exhibit C - HHS Hospital Guidance, #4 Exhibit D - Redfield HHS Protect Remarks, #5 Exhibit E - Healy to Azar, #6 Exhibit F - Maragakis Testimony, #7 Exhibit G -Unpublished Letter, #8 Exhibit H - Pence IDSA, #9 Exhibit I - COVID Tracking, #10 Exhibit J - WSJ Rocky Start, #11 Exhibit K - Pence Birx Azar IDSA, #12 Exhibit L - HHS Protect Screenshot, #13 Exhibit M - WSJ Play Down, #14 Exhibit N - HHS Hospital Guidance, #15 Exhibit O - NPR Article, #16 Exhibit P - Kadlec Press Release).(Williams, Kahlil) |
| Filing 7 MEMORANDUM OF LAW in Support re: #6 MOTION for Order to Show Cause . . Document filed by Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(Williams, Kahlil) |
| Filing 6 MOTION for Order to Show Cause . Document filed by Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(Williams, Kahlil) |
| Filing 5 PROPOSED ORDER. Document filed by Coney Island Prep, Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Charles King, Mark Levine..(Williams, Kahlil) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Housing Works, Inc...(Williams, Kahlil) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Coney Island Prep..(Williams, Kahlil) |
| Filing 2 CIVIL COVER SHEET filed..(Williams, Kahlil) |
| Filing 1 COMPLAINT against Alex M. Azar, II, Centers for Disease Control and Prevention, Robert Kadlec, Robert R Redfield, United States Department of Health And Human Services. (Filing Fee $ 400.00, Receipt Number ANYSDC-22398908)Document filed by Alexandra Greenberg, Housing Works, Inc., Leslie-Bernard Joseph, Coney Island Prep, Charles King, Mark Levine..(Williams, Kahlil) |
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