Borelli et al v. de Blasio et al
| Crystal J. Lisa, Janet Nichols, Maria Hart, Erin Ulitto, Joseph Borelli, Michelle Baione, Children's Health Defense, Adriana Aviles, Gaetano La Mazza, Christine Kalikazaros and Stephanie Denaro |
| New York City Department of Education, City of New York, Richard A. Carranza, Dr. David Chokshi and Bill De Blasio |
| 1:2020cv09829 |
| November 21, 2020 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Civil Rights: Other |
| 28 U.S.C. § 1331 vc |
| Plaintiff |
Docket Report
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| Filing 35 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/14/21 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 34 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/14/2021 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Pamela Utter, (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 2/9/2021. Redacted Transcript Deadline set for 2/19/2021. Release of Transcript Restriction set for 4/19/2021..(McGuirk, Kelly) |
| Filing 33 RESPONSE in Support of Motion re: #12 AMENDED MOTION for Preliminary Injunction . Supplemental Letter in Response to Hearing on January 14, 2021. Document filed by Adriana Aviles, Children's Health Defense, Stephanie Denaro, Christine Kalikazaros, Gaetano La Mazza, Crystal J. Lisa..(Mermigis, James) |
| Minute Entry for proceedings held before Judge Paul G. Gardephe: Motion Hearing held on 1/14/2021 re: #2 EMERGENCY MOTION for Preliminary Injunction Order to Show Cause. filed by Maria Hart, Joseph Borelli, Crystal J. Lisa, Michelle Baione, Erin Ulitto, Janet Nichols. (Court Reporter Pamela Utter) (mr) |
| Filing 32 PROPOSED ORDER. Document filed by Adriana Aviles, Children's Health Defense, Stephanie Denaro, Christine Kalikazaros, Gaetano La Mazza, Crystal J. Lisa..(Mermigis, James) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 31 PROPOSED ORDER. Document filed by Adriana Aviles, Children's Health Defense, Stephanie Denaro, Christine Kalikazaros, Gaetano La Mazza, Crystal J. Lisa..(Mermigis, James) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #32 Proposed Order, was reviewed and approved as to form. (dt) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #31 Proposed Order was reviewed and approved as to form. (km) |
| Filing 30 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION for Ray Lee Flores II to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Adriana Aviles, Children's Health Defense, Stephanie Denaro, Christine Kalikazaros, Gaetano La Mazza, Crystal J. Lisa. Return Date set for 1/14/2021 at 11:00 AM. (Attachments: #1 Affidavit Declaration of Ray Lee Flores II, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Pro Hac Vice).(Mermigis, James) Modified on 1/12/2021 (wb). |
| Filing 29 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION for Ray Lee Flores II to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Adriana Aviles, Children's Health Defense, Stephanie Denaro, Christine Kalikazaros, Gaetano La Mazza, Crystal J. Lisa. Return Date set for 1/19/2021 at 11:00 AM. (Attachments: #1 Affidavit Affidavit in Support of Pro Hac Vice Motion, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Pro Hac Vice).(Mermigis, James) Modified on 1/12/2021 (aea). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #29 AMENDED MOTION for Ray Lee Flores II to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): The declaration does not have a case caption. Missing Certificate of Good Standing from SUPREME COURT of California; Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (aea) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #30 AMENDED MOTION for Ray Lee Flores II to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court if California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
| Filing 28 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Ray L. Flores II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-23448952. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Adriana Aviles, Children's Health Defense, Stephanie Denaro, Christine Kalikazaros, Gaetano La Mazza, Crystal J. Lisa. Return Date set for 1/19/2021 at 11:00 AM. (Attachments: #1 Exhibit Certificate of Good Standing).(Mermigis, James) Modified on 1/11/2021 (aea). |
| Filing 27 PROPOSED ORDER. Document filed by Adriana Aviles, Michelle Baione, Children's Health Defense, Stephanie Denaro, Christine Kalikazaros, Gaetano La Mazza, Crystal J. Lisa..(Mermigis, James) Proposed Order to be reviewed by Clerk's Office staff. |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #28 MOTION for Ray L. Flores II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-23448952. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT OF CALIFORNIA; missing Proposed Order; missing notarized Affidavit pursuant to Local Rule 1.3. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #27 Proposed Order was reviewed and approved as to form. (km) |
Filing 26
ORDER: A hearing on Plaintiffs' application for a preliminary injunction (Dkt. No. 12) will take place on Thursday, January 14, 2021 at 3:00 p.m. The hearing will take place telephonically. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the proceeding by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the Court will un-mute the parties' lines. Three days before the conference, the parties must email Michael_Ruocco@nysd.uscourts.gov and GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the hearing so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. SO ORDERED. (Telephone Conference set for 1/14/2021 at 03:00 PM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 1/8/2021) (jca)
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| Filing 25 REPLY AFFIRMATION of Letter Response to NYC Letter in Opposition re: #24 LETTER MOTION for Conference re: #11 Amended Complaint, addressed to Judge Paul G. Gardephe from Marilyn Richter dated 1/5/2021.. Document filed by Adriana Aviles, Children's Health Defense..(Mermigis, James) |
| Filing 24 LETTER MOTION for Conference re: #11 Amended Complaint, addressed to Judge Paul G. Gardephe from Marilyn Richter dated 1/5/2021. Document filed by Richard A. Carranza, David Chokshi, City of New York, Bill De Blasio, New York City Department of Education..(Thomas, Copatrick) |
| Filing 23 REPLY MEMORANDUM OF LAW in Support re: #12 AMENDED MOTION for Preliminary Injunction . . Document filed by Adriana Aviles, Children's Health Defense, Stephanie Denaro, Christine Kalikazaros, Gaetano La Mazza, Crystal J. Lisa. (Attachments: #1 Exhibit Letter to Judge Gardephe regarding Oral Arguments).(Mermigis, James) |
| Filing 22 DECLARATION of Marilyn Richter in Opposition re: #13 FIRST MOTION Motion for Judicial Notice re: #11 Amended Complaint, #12 AMENDED MOTION for Preliminary Injunction . .. Document filed by Richard A. Carranza, David Chokshi, City of New York, Bill De Blasio, New York City Department of Education..(Koroleva, Lana) |
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Filing 21
ORDER granting #20 Letter Motion for Extension of Time to File Response/Reply. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/30/2020) (kv)
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| Filing 20 LETTER MOTION for Extension of Time to File Response/Reply as to #11 Amended Complaint, addressed to Judge Paul G. Gardephe from Marilyn Richter dated December 30, 2020. Document filed by Richard A. Carranza, David Chokshi, City of New York, Bill De Blasio, New York City Department of Education..(Rauchberg, Andrew) |
| Filing 19 DECLARATION of Dr. Jay Varma in Opposition re: #12 AMENDED MOTION for Preliminary Injunction .. Document filed by Richard A. Carranza, David Chokshi, City of New York, Bill De Blasio, New York City Department of Education. (Attachments: #1 Exhibit A, #2 Exhibit B).(Rauchberg, Andrew) |
| Filing 18 DECLARATION of Henry Chou in Opposition re: #12 AMENDED MOTION for Preliminary Injunction .. Document filed by Richard A. Carranza, David Chokshi, City of New York, Bill De Blasio, New York City Department of Education..(Rauchberg, Andrew) |
| Filing 17 MEMORANDUM OF LAW in Opposition re: #13 FIRST MOTION Motion for Judicial Notice re: #11 Amended Complaint, #12 AMENDED MOTION for Preliminary Injunction . ., #12 AMENDED MOTION for Preliminary Injunction . . Document filed by Richard A. Carranza, David Chokshi, City of New York, Bill De Blasio..(Bowe, Martin) |
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Filing 16
ORDER: granting #15 Letter Motion for Extension of Time to File Response/Reply re #15 FIRST LETTER MOTION for Extension of Time to File Response/Reply to motion for a preliminary injunction addressed to Judge Paul G. Gardephe from Marilyn Richter dated December 22, 2020. Defendants' opposition is due by December 28, 2020 at 5:00 p.m. Any reply will be submitted by January 4, 2021 at 5:00 p.m. SO ORDERED. Responses due by 12/28/2020 Replies due by 1/4/2021. (Signed by Judge Paul G. Gardephe on 12/22/2020) (ama)
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| Filing 15 FIRST LETTER MOTION for Extension of Time to File Response/Reply to motion for a preliminary injunction addressed to Judge Paul G. Gardephe from Marilyn Richter dated December 22, 2020. Document filed by Richard A. Carranza, David Chokshi, City of New York, Bill De Blasio, New York City Department of Education..(Koroleva, Lana) |
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Filing 14
ORDER: Plaintiffs recently filed the First Amended Complaint (Dkt. No. 11), an amended motion for a preliminary injunction (Dkt. No. 12), and a motion for judicial notice (Dkt. No. 13). Defendants' opposition is due December 23, 2020 by 5:00 p.m. Any reply will be submitted by December 30, 2020 at 5:00 p.m. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/18/2020) ( Responses due by 12/23/2020, Replies due by 12/30/2020.) (ks)
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| Filing 13 FIRST MOTION Motion for Judicial Notice re: #11 Amended Complaint, #12 AMENDED MOTION for Preliminary Injunction . . Document filed by Adriana Aviles, Children's Health Defense, Stephanie Denaro, Christine Kalikazaros, Gaetano La Mazza, Crystal J. Lisa. (Attachments: #1 Appendix Exhibits in Support of Motion for Judicial Notice).(Mermigis, James) |
| Filing 12 AMENDED MOTION for Preliminary Injunction . Document filed by Adriana Aviles, Children's Health Defense, Stephanie Denaro, Christine Kalikazaros, Gaetano La Mazza, Crystal J. Lisa. (Attachments: #1 Affidavit Declaration of Dr. Sin Hang Lee, #2 Affidavit Declaration of Kevin McKernan, #3 Affidavit Declaration of Adriana Aviles, #4 Affidavit Declaration of Christine Kalikazaros, #5 Affidavit Declaration of Gaetano La Mazza, #6 Affidavit Declaration of Crystal Lia, #7 Affidavit Declaration of Stephanie Denaro).(Mermigis, James) |
| Filing 11 FIRST AMENDED COMPLAINT amending #1 Complaint,,,, against Richard A. Carranza, David Chokshi, City of New York, Bill De Blasio, New York City Department of Education.Document filed by Crystal J. Lisa, Gaetano La Mazza, Children's Health Defense, Christine Kalikazaros, Adriana Aviles, Stephanie Denaro. Related document: #1 Complaint,,,,. (Attachments: #1 Exhibit Exhibits 1-11, #2 Exhibit Exhibits 12-22).(Mermigis, James) |
| Filing 10 AMENDED MEMORANDUM OF LAW in Opposition re: #2 EMERGENCY MOTION for Preliminary Injunction Order to Show Cause. . Document filed by Richard A. Carranza, David Chokshi, City of New York, Bill De Blasio, New York City Department of Education..(Kitzinger, Stephen) |
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Filing 9
ORDER granting #8 Letter Motion for Extension of Time. The application is granted. The hearing scheduled for December 10, 2020 is adjourned sine die. The Court will enter a briefing schedule after the Amended Complaint and amended application for a preliminary injunction are filed. SO ORDERED. Amended Pleadings due by 12/16/2020. Motions due by 12/16/2020. (Signed by Judge Paul G. Gardephe on 12/7/2020) (jca)
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| Filing 8 LETTER MOTION for Extension of Time addressed to Judge Paul G. Gardephe from James Mermigis dated December 6, 2020. Document filed by Michelle Baione, Joseph Borelli, Maria Hart, Crystal J. Lisa, Janet Nichols, Erin Ulitto..(Mermigis, James) |
| Filing 7 FIRST MEMORANDUM OF LAW in Opposition re: #2 EMERGENCY MOTION for Preliminary Injunction Order to Show Cause. Letter to follow. Document filed by Richard A. Carranza, David Chokshi, City of New York, Bill De Blasio..(Richter, Marilyn) |
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Filing 6
ORDER terminating #5 Letter Motion for Extension of Time. The schedule set forth in this Court's November 30, 2020 Order (Dkt. No. 4) will govern. So Ordered. (Signed by Judge Paul G. Gardephe on 12/1/20) (yv)
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| Filing 5 LETTER MOTION for Extension of Time for preliminary injunction briefing schedule addressed to Judge Paul G. Gardephe from Marilyn Richter dated November 30, 2020. Document filed by City of New York..(Rauchberg, Andrew) |
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Filing 4
ORDER: The Court's November 24, 2020 scheduling order is amended as follows: Plaintiffs will submit their supplementary papers by 5:00 p.m. on December 2, 2020. Defendants will submit their opposition by 12:00 noon on December 7, 2020. Any reply will be submitted by December 8, 2020 at 5:00 p.m. The hearing on Plaintiffs' application for a preliminary injunction is adjourned to December 10, 2020 at 10:00 a.m. (And as further set forth herein.) SO ORDERED. (Responses due by 12/7/2020, Replies due by 12/8/2020., Motion Hearing set for 12/10/2020 at 10:00 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 11/30/2020) (jca)
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Filing 3
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that Plaintiffs' application is granted such that the Court will employ an expedited procedure to hear this matter. IT IS FURTHER ORDERED THAT: 1. Defendants show cause why a preliminary injunction should not be issued under Federal Rule of Civil Procedure 65 granting Plaintiffs the following relief: (1) Granting Plaintiffs a preliminary injunction enjoining Defendants, from the shut down of NYC Public Schools; and (2) Such other relief as this Court may deem just and proper. 2. Defendants must submit a brief on this issue of no more than 25 pages on or before December 1, 2020 at 10:00 a.m. 3. Plaintiffs must submit any and all reply papers on or before December 2, 2020 at 10:00 a.m. 4. The Court will hold a preliminary injunction hearing on December 3, 2020 at 2:00 p.m. 5. If any party wishes to introduce testimony at the hearing, it must provide reasonable advance notice to the Court and the other party prior to the December 3, 2020 hearing. 6. Plaintiffs must serve a copy of this Order and the papers on which it is based on Defendants by overnight mail tonight, November 24, 2020. (Status Conference set for 12/3/2020 at 02:00 PM before Judge Paul G. Gardephe.), Motions terminated: #2 EMERGENCY MOTION for Preliminary Injunction Order to Show Cause. filed by Maria Hart, Joseph Borelli, Crystal J. Lisa, Michelle Baione, Erin Ulitto, Janet Nichols. (Signed by Judge Paul G. Gardephe on 11/24/2020) (jca)
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| Filing 2 EMERGENCY MOTION for Preliminary Injunction Order to Show Cause. Document filed by Michelle Baione, Joseph Borelli, Maria Hart, Crystal J. Lisa, Janet Nichols, Erin Ulitto. Return Date set for 11/30/2020 at 11:00 AM. (Attachments: #1 Affidavit Declaration of James Mermigis, #2 Exhibit Memorandum of Law in Support, #3 Exhibit B- Australian Research Study, #4 Exhibit C- British Columbia Study, #5 Exhibit D- NCIRS Study, #6 Exhibit E- Transmission of Covid Study, #7 Exhibit F- French Schools Study, #8 Exhibit G- German Student Study).(Mermigis, James) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney James Mermigis re: Document No. #1 Complaint,,,,. The filing is deficient for the following reason(s): Add Michelle Baione, Joseph Borelli, Maria Hart, Crystal J. Lisa, Janet Nichols, Erin Ulitto to CM ECF with the party text for each the text accompanying their respective names on the complaint caption title eg "as parent and natural guardian of ". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney James Mermigis. The party information for the following party/parties has been modified: Bill de Blasio, in his Official Capacity as Mayor of the City of New York, David Chokshi, in his Official Capacity of Health Commissioner of the City of New York, Richard Carranza, in his Official Capacity as Chancellor of the New York City Department of Education, Michelle Baione, Individually and as Parent and Natural Guardian of R.B. and C.B., Maria Hart, Individually and as Parent and Natural Guardian of C.H., A.H., and J.H., Janet Nichols, Individually and as Parent and Natural Guardian of J.N., Joseph Borelli, Individually and as Parent and Natural Guardian of J.B., Erin Ulitto, Individually and as Parent and Natural Guardian of L.U., Crystal Lia, Individually and as Parent and Natural Guardian of F.L., C.L., and G.L.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney James Mermigis. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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..(pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Robert W. Lehrburger 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. (pc) |
| Filing 1 COMPLAINT against Richard Carranza, in his Official Capacity as Chancellor of the New York City Department of Education, David Chokshi, in his Official Capacity of Health Commissioner of the City of New York, City of New York, New York City Department of Education, Bill de Blasio, in his Official Capacity as Mayor of the City of New York. (Filing Fee $ 400.00, Receipt Number ANYSDC-22695719)Document filed by Michelle Baione, Individually and as Parent and Natural Guardian of R.B. and C.B., Maria Hart, Individually and as Parent and Natural Guardian of C.H., A.H., and J.H., Janet Nichols, Individually and as Parent and Natural Guardian of J.N., Joseph Borelli, Individually and as Parent and Natural Guardian of J.B., Erin Ulitto, Individually and as Parent and Natural Guardian of L.U., Crystal Lia, Individually and as Parent and Natural Guardian of F.L., C.L., and G.L.. (Attachments: #1 Exhibit Covid-19 Report-Schoolchildren, #2 Exhibit Australian Research Study, #3 Exhibit British Columbia Study, #4 Exhibit NCIRS Study, #5 Exhibit Transmission of Covid Study, #6 Exhibit French Study-Schools, #7 Exhibit German Students Study).(Mermigis, James) |
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