Kane et al v. de Blasio et al
| Michael Kane, William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Nwakaego Nwaifejokwu, Ingrid Romero, Trinidad Smith and Amaryllis Ruiz-Toro |
| 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, NEW YORK CITY DEPARTMENT OF EDUCATION, Bill de Blasio and David Chokshi |
| Jessica Gervacio |
| 1:2021cv07863 |
| September 21, 2021 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Civil Rights: Other |
| 42 U.S.C. § 1983 vp |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 13, 2023. A more recent docket listing may be available from PACER.
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Filing 75
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that Plaintiffs must show cause, by no later than Monday, November 22, 2021, why the first amended complaint should not be stricken given that Plaintiffs did not have leave of Court to file the pleading. Defendants' response is due no later than Monday, November 29, 2021. SO ORDERED. Show Cause Response due by 11/29/2021. (Signed by Judge Valerie E. Caproni on 11/18/2021) (tg)
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Filing 74
FIRST AMENDED COMPLAINT amending #1 Complaint,, against David Chokshi, New York City Department of Education, Bill de Blasio with JURY DEMAND.Document filed by Robert Gladding, Jessica Gervacio, Margaret Chu, Nwakaego Nwaifejokwu, Trinidad Smith, William Castro, Ingrid Romero, Heather Clark, Michael Kane, Amaryllis Ruiz-Toro, Stephanie Di Capua. Related document: #1 Complaint,,..(Gibson, Sujata)
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Filing 73
ORDER granting (37 in 1:21-cv-08773-VEC) in Letter Motion to Stay re: 37 LETTER MOTION to Stay and responding to the Court's Order regarding Consolidation addressed to Judge Valerie E. Caproni., 39 LETTER MOTION to Stay re: 8 Proposed Order to Show Cause With Emergency Relief, addressed to Judge Valerie E. Caproni from Jonathan Nelson dated November 1, 2021. ; denying 39 Letter Motion to Stay re: 37 LETTER MOTION to Stay and responding to the Court's Order regarding Consolidation addressed to Judge Valerie E. Caproni., 39 LETTER MOTION to Stay re: 8 Proposed Order to Show Cause With Emergency Relief, addressed to Judge Valerie E. Caproni from Jonathan Nelson dated November 1, 2021. 21-cv-7863 & 21-cv-8773. The parties' application to stay the matter Keil, et al. v. The City of New York, et al., 21-CV-8773, pending resolution of the appeal before the Second Circuit is GRANTED. All deadlines are adjourned sine die. Plaintiffs must notify the Court of any decision by the Second Circuit within one business day of its issuance. The Court's November 12, 2021 deadline for the parties to show cause why 21-CV-7863 and 21-CV-8773 should not be consolidated pursuant to Rule 42 of the Federal Rules of Civil Procedure, see Dkt. 21- CV-7863, Dkt. 71; 21-CV-8773, Dkt. 32, is adjourned sine die. The Court will reinstate the deadline upon resolution of the appeals before the Second Circuit in both matters. Plaintiffs' request in 21-CV-8773 for an injunction or to stay enforcement of the DOE Vaccine Mandate pending resolution of the appeal is DENIED. The Clerk of Court is respectfully directed to close the open motions at docket entries 37 and 39 in 21-CV-8773. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/1/2021) (tg)
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Filing 72
LETTER addressed to Judge Valerie E. Caproni re: Case Consolidation. Document filed by David Chokshi, Jessica Gervacio, New York City Department of Education, Bill de Blasio..(Croushore, Amanda)
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Filing 71
ORDER TO SHOW CAUSE: WHEREAS on October 28, 2021, 21-CV-8773 was assigned to the undersigned; IT IS HEREBY ORDERED that, by no later than Friday, November 12, 2021, the parties in both matters must show cause why these two cases should not be consolidated under Rule 42 of the Federal Rules of Civil Procedure. If the parties do not respond to the Court's order, or if they do not show good cause, the Court will consolidate the cases pursuant to Rule 42. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/28/2021) (tg) Modified on 11/2/2021 (tg).
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Filing 70
MEMO ENDORSEMENT on re: #69 Letter filed by David Chokshi, New York City Department of Education, Bill de Blasio. ENDORSEMENT: Although the Court agrees that the issue of standing goes to the case-in-chief, the Court finds that the issue of standing is likely to be raised on appeal. Accordingly, the Court finds it most appropriate to STAY this matter pending resolution of the appeal before the Second Circuit. All deadlines are adjourned sine die. Plaintiffs must notify the Court of any decision by the Second Circuit within one business day of its issuance. Plaintiffs' request to stay enforcement of the DOE Vaccine Mandate pending resolution of the appeal is DENIED. In the future, all requests for adjournment of deadlines must be made at least 48 hours in advance, absent emergency circumstances. See Rule 2(C) of the undersigned's Individual Practices in Civil Cases. The Court sees no emergency circumstances here, especially given that Plaintiffs likely knew of their intention to appeal the ruling for several days. Failure to comply with Court rules in the future may result in sanctions. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/25/2021) (tg)
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Case Stayed (tg)
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Filing 69
LETTER addressed to Judge Valerie E. Caproni re: Opposition to Plaintiffs' Request. Document filed by David Chokshi, New York City Department of Education, Bill de Blasio..(Croushore, Amanda)
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Filing 68
LETTER MOTION for Extension of Time to File Motion to stay or adjourn supplemental briefing and for injunction pending appeal addressed to Judge Valerie E. Caproni from Sujata Gibson dated 10/25/2021., LETTER MOTION to Stay re: #67 Notice of Interlocutory Appeal, addressed to Judge Valerie E. Caproni from Sujata Gibson dated 10/25/2021. ( Return Date set for 10/25/2021 at 08:00 PM.) Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Jessica Gervacio, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata)
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Filing 67
NOTICE OF INTERLOCUTORY APPEAL from #29 Order,,,, Set Hearings,,, #60 Order,,,,,,,,,, Set Deadlines,,,,,,,,, #38 Order,,. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Jessica Gervacio, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith. Filing fee $ 505.00, receipt number ANYSDC-25239405. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Gibson, Sujata)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #67 Notice of Interlocutory Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #67 Notice of Interlocutory Appeal, filed by Jessica Gervacio, Robert Gladding, Heather Clark, Nwakaego Nwaifejokwu, Trinidad Smith, Michael Kane, Margaret Chu, Amaryllis Ruiz-Toro, Stephanie Di Capua, Ingrid Romero, William Castro were transmitted to the U.S. Court of Appeals. (tp)
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Filing 66
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/12/21 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....(Moya, Goretti)
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Filing 65
TRANSCRIPT of Proceedings re: CONFERENCE held on 10/12/2021 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Carol Ganley, (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 11/10/2021. Redacted Transcript Deadline set for 11/22/2021. Release of Transcript Restriction set for 1/18/2022..(Moya, Goretti)
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Filing 64
NOTICE OF APPEARANCE by Mary Susan Holland on behalf of Michael Kane..(Holland, Mary)
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Filing 63
LETTER addressed to Judge Valerie E. Caproni from Jessica Gervacio dated 10/13/2021 re: Judge's Court Decision on 10/12/2021 regarding the Preliminary Injunction. Document filed by Jessica Gervacio.(tg)
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Filing 62
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/5/21 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....(Moya, Goretti)
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Filing 61
TRANSCRIPT of Proceedings re: CONFERENCE held on 10/5/2021 before Judge Mary Kay Vyskocil. Court Reporter/Transcriber: Khristine Sellin, (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 11/3/2021. Redacted Transcript Deadline set for 11/15/2021. Release of Transcript Restriction set for 1/11/2022..(Moya, Goretti)
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Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 10/12/2021. Attorneys Sujata Sidhu Gibson and Mary Holland present for the plaintiffs. Attorneys Amanda Croushore, Lori Minicucci and Jessica Giambrone present for the defendants. Court Reporter Carol Ganley present. (anc)
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Filing 60
ORDER: IT IS HEREBY ORDERED that for the reasons stated on the record, Plaintiffs application for a preliminary injunction is DENIED. IT IS FURTHER ORDERED that the parties must submit supplemental briefing on the question of whether Plaintiffs have standing to bring as-applied challenges to the DOE Vaccine Mandate as applied by the Arbitration Awards. Supplemental briefing must address, at a minimum, whether, when there is no claim that the union breached its duty of fair representation, an individual employee represented by a union has standing to challenge a process dictated by an arbitrator following an arbitration proceeding to which the union and the employer were the only parties. The briefing must also address whether Plaintiffs as-applied challenges are ripe for judicial review, including whether Plaintiffs are required to bring proceedings pursuant to Article 75 of the New York Civil Practice Law & Rules. The parties briefs are not limited to those two topics; the Court acknowledges that there are likely additional issues that pertain to the question of whether Plaintiffs have standing to bring their as-applied challenges. IT IS FURTHER ORDERED that Plaintiffs supplemental brief is due no later than Tuesday, October 26, 2021, and must not exceed 25 double spaced pages; Defendants response brief, also limited to 25 double spaced pages, is due no later than Tuesday, November 9, 2021, and Plaintiffs reply, limited to 10 double spaced pages, is due no later than Tuesday, November 16, 2021. Following a review of the parties papers, the Court will determine whether a hearing is necessary.IT IS FURTHER ORDERED that Plaintiffs counsel, Mary Holland, must file a notice of appearance on the docket by no later than Friday, October 15, 2021. IT IS FURTHER ORDERED that all other deadlines in this case are adjourned sine die, including Defendants time to answer, move, or otherwise respond to the Complaint. The initial pre-trial conference, currently scheduled for November 12, 2021 at 2:00 P.M. and the November 4, 2021 deadline to file joint pre-conference submissions are CANCELED. SO ORDERED. ( Responses due by 11/9/2021, Replies due by 11/16/2021.) (Signed by Judge Valerie E. Caproni on 10/12/2021) (tg)
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Filing 58
NOTICE OF APPEARANCE by Jessica Giambrone on behalf of David Chokshi, New York City Department of Education, Bill de Blasio..(Giambrone, Jessica)
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Filing 57
DECLARATION of Amanda Ruiz in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause.. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith. (Attachments: #1 Supplement Letter proposing decl in lieu of testimony).(Gibson, Sujata)
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Filing 59
MEMO ENDORSEMENT on re: #55 Response in Support of Motion, filed by Robert Gladding, Heather Clark, Nwakaego Nwaifejokwu, Trinidad Smith, Michael Kane, Margaret Chu, Amaryllis Ruiz-Toro, Stephanie Di Capua, Ingrid Romero, William Castro. ENDORSEMENT: Upon careful review of the parties' papers, the Court finds it unlikely that testimony from Dr. Bhattacharya, the ten Plaintiffs, and Petter Otto will be relevant to the Court's resolution of Plaintiffs' application for a preliminary injunction. Plaintiffs did not provide context as to the content of Amanda Nicole Ruiz's testimony, so the Court is unable to make an assessment as to the relevance of her testimony. Plaintiffs' counsel must be prepared to discuss the relevancy of the testimony from Plaintiffs' proposed witnesses at the beginning of Tuesday's hearing. If the Court determines that the testimony is relevant, the Court will allow the witnesses available for in person testimony to testify at the hearing. With respect to Dr. Bhattacharya, if the Court finds that his testimony is relevant, the Court will hold the hearing open to accommodate either his remote testimony later that day or his in person testimony at a time that accommodates his schedule. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/9/2021) (tg)
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Filing 56
LETTER RESPONSE in Support of Motion addressed to Judge Valerie E. Caproni from Sujata Gibson dated October 8, 2021 re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause. . Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata)
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Filing 55
LETTER RESPONSE in Support of Motion addressed to Judge Valerie E. Caproni from Sujata Gibson dated 10/8/2021 re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause. . Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith. (Attachments: #1 Witness and Exhibit list).(Gibson, Sujata)
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Filing 54
WITNESS LIST. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata)
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Filing 53
LETTER addressed to Judge Valerie E. Caproni re: Defendants' Witnesses and Exhibits. Document filed by David Chokshi, Bill de Blasio..(Croushore, Amanda)
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Filing 52
REPLY AFFIDAVIT of Bernstein in Opposition re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause.. Document filed by David Chokshi, Bill de Blasio..(Croushore, Amanda)
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Filing 51
REPLY MEMORANDUM OF LAW in Opposition re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause. . Document filed by David Chokshi, Bill de Blasio..(Croushore, Amanda)
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Filing 50
NOTICE OF APPEARANCE by Amanda Christine Croushore on behalf of David Chokshi, Bill de Blasio..(Croushore, Amanda)
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Filing 49
ORDER: IT IS HEREBY ORDERED that seating in Courtroom 443 will be limited to counsel for the parties, the Plaintiffs, not more than two representatives of the Defendants, and authorized personnel. All other members of the public will be directed to overflow courtrooms where the proceeding will be broadcast. Due to COVID restrictions, seating in the overflow courtrooms is extremely limited. Once those courtrooms are at COVID-limited capacity, additional members of the public will not be permitted entry into the courthouse. IT IS FURTHER ORDERED that any person who enters the courthouse must comply with Court rules and decorum. Members of the public will not be permitted to bring telephones or other electronic devices into any of the courtrooms. IT IS FURTHER ORDERED that per the SDNY COVID-19 Courthouse Entry Program, any person who appears at any SDNY courthouse must wear a mask over his or her nose and mouth, must complete a questionnaire, and must have his or her temperature taken. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. The full list of courthouse COVID-related rules can be found in Standing Order M10-468 (21-MC-164), which further pertains to courthouse entry. Any person who fails to comply with Court rules, including masking requirements, will be required to leave the courthouse immediately. IT IS FURTHER ORDERED that interested members of the public may listen to the proceeding remotely by dialing 1-844-291-5489 and using the access code 9438556. IT IS FURTHER ORDERED that the proceeding may not be recorded or rebroadcast. Any person who records or rebroadcasts the court proceedings in violation of this Order may be held in contempt and punished accordingly. IT IS FURTHER ORDERED that the parties must submit witness lists and exhibits lists, to the extent they will be calling witnesses or introducing exhibits, by no later than today, October 8, 2021 at 5:30 P.M. See Order, Dkt. 38. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/8/2021) (tg)
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Filing 48
NOTICE OF APPEARANCE by Lora Minicucci on behalf of David Chokshi, Bill de Blasio..(Minicucci, Lora)
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Filing 47
DECLARATION of Robert Gladding in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause.. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith. (Attachments: #1 Exhibit Exhibit A - notice from Solas).(Gibson, Sujata)
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Filing 46
DECLARATION of Peter Otto in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause.. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata)
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Filing 45
DECLARATION of Stephanie Di Capua in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause.. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith. (Attachments: #1 Exhibit Exhibit A - denial of appeal, #2 Exhibit Exhibit B - LWOP).(Gibson, Sujata)
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Filing 44
DECLARATION of Sujata Gibson, Esq in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause.. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith. (Attachments: #1 Exhibit Exhibit 1 - UFT Contract, #2 Exhibit Exhibit 2 - CSA Contract, #3 Exhibit Exhibit 3 - News Article Pix 11, #4 Exhibit Exhibit 4 - Councilman Tweet, #5 Exhibit Exhibit 5 - Transcript CNN interview).(Gibson, Sujata)
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Filing 43
REPLY MEMORANDUM OF LAW in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause. Supplemental Memo of Law as Ordered. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata)
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Filing 42
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. New York City Department of Education served on 10/7/2021, answer due 10/28/2021. Service was made by Mail. Document filed by Robert Gladding; Margaret Chu; Nwakaego Nwaifejokwu; Trinidad Smith; William Castro; Ingrid Romero; Heather Clark; Michael Kane; Amaryllis Ruiz-Toro; Stephanie Di Capua..(Gibson, Sujata)
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Filing 41
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. David Chokshi served on 10/7/2021, answer due 10/28/2021. Service was made by Mail. Document filed by Robert Gladding; Margaret Chu; Nwakaego Nwaifejokwu; Trinidad Smith; William Castro; Ingrid Romero; Heather Clark; Michael Kane; Amaryllis Ruiz-Toro; Stephanie Di Capua..(Gibson, Sujata)
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Filing 40
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Bill de Blasio served on 10/7/2021, answer due 10/28/2021. Service was made by Mail. Document filed by Robert Gladding; Margaret Chu; Nwakaego Nwaifejokwu; Trinidad Smith; William Castro; Ingrid Romero; Heather Clark; Michael Kane; Amaryllis Ruiz-Toro; Stephanie Di Capua..(Gibson, Sujata)
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Filing 39
ELECTRONIC SUMMONS ISSUED as to New York City Department of Education..(pc)
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Filing 38
ORDER: WHEREAS a hearing on Plaintiffs application for a preliminary injunction is scheduled for Tuesday, October 12, 2021 at 11:00 A.M., Dkt. 33; IT IS HEREBY ORDERED that by no later than Friday, October 8, 2021, the parties must inform the Court whether they plan to call witnesses or introduce exhibits at the hearing. If the parties plan to call witnesses or introduce exhibits, they must include a witness and exhibit list in the submission. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/6/2021) (tg)
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Filing 37
REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint,,. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata)
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Filing 36
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to New York City Department of Education, re: #1 Complaint,,. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata) Modified on 10/5/2021 (pc).
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Filing 35
ELECTRONIC SUMMONS ISSUED as to Bill de Blasio..(pc)
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Filing 34
ELECTRONIC SUMMONS ISSUED as to David Chokshi..(pc)
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Filing 33
ORDER denying #12 Motion for TRO. Accordingly, IT IS HEREBY ORDERED that a hearing on the preliminary injunction is scheduled for Tuesday, October 12, 2021 at 11:00 A.M. The hearing will be held before Judge Valerie Caproni in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. IT IS FURTHER ORDERED that any supplemental materials from the Plaintiffs must be filed by no later than Thursday, October 7, 2021 at 5:00 P.M. and any supplemental materials from the Defendants must be filed by no later than Friday, October 8, 2021 at 5:00 P.M. IT IS FURTHER ORDERED that per the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM, any person who appears at any SDNY courthouse must complete a questionnaire and have his or her temperature taken. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. IT IS FURTHER ORDERED that any person who appears at any SDNY courthouse must comply with Standing Order M10-468 (21-MC-164), which further pertains to courthouse entry. IT IS FURTHER ORDERED that interested members of the public may listen to the proceeding remotely by dialing 1-888-363-4749, using the access code 3121171 and the security code 7863. All of those accessing the hearing are reminded that recording or rebroadcasting of the proceeding is prohibited by law. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 10/5/2021) (tg)
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Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Status Conference held on 10/5/2021. (Court Reporter Khris Sellin) (rz)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Sujata Sidhu Gibson to RE-FILE Document No. #11 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Party name on the summons must exactly match what is listed on the complaint caption title;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
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Set/Reset Hearings: Status Conference set for 10/12/2021 at 11:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (tg)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Sujata Sidhu Gibson to RE-FILE Document No. #36 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
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Filing 32
DECLARATION of Lora Minicucci in Opposition re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause.. Document filed by David Chokshi, New York City Department of Education, Bill de Blasio..(Minicucci, Lora)
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Filing 31
MEMORANDUM OF LAW in Opposition re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause. . Document filed by David Chokshi, New York City Department of Education, Bill de Blasio. (Attachments: #1 Exhibit A - COH Order 8.24.21, #2 Exhibit B - COH Order 9.15.21, #3 Exhibit C - COH Order 9.28.21, #4 Exhibit D -UFT Decision, #5 Exhibit E - CSA Decision, #6 Exhibit F - WSJ article, #7 Exhibit G - US News article, #8 Exhibit H - AAP data, #9 Exhibit I - CDC Antibodies, #10 Exhibit J - Bernstein Declaration).(Minicucci, Lora)
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Filing 30
AMENDED ORDER re: #12 EMERGENCY MOTION for Temporary Restraining Order. The Court will hold a hearing on the application for a temporary restraining order tomorrow, October 5, 2021, at 9:00AM in Courtroom 18C of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York. The proceeding is open to the public, but members of the public and media may attend telephonically by dialing 888-278-0296 and entering access code 5195844#. Defendants may file any opposition to the motion seeking a temporary restraining order by 8:00PM today. This Order supersedes in all respects the Order entered earlier today at ECF No. 29. (Signed by Judge Mary Kay Vyskocil on 10/4/2021) (ab)
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Filing 29
ORDER re: #12 EMERGENCY MOTION for Temporary Restraining Order. The Court will hold a hearing on the application for a temporary restraining order tomorrow, October 5, 2021, at 9:00AM in Courtroom 18C of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York. The proceeding is open to the public, but members of the public and media may attend telephonically by dialing 888-278-0296 and entering access code 5195844#. Defendants may file any opposition to the motion seeking a temporary restraining order by 8:00PM today. (Status Conference set for 10/4/2021 at 09:00 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 10/4/2021) (ab)
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Filing 28
DECLARATION of Bloch in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause.. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata)
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Filing 27
DECLARATION of Smith in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause.. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata)
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Filing 26
DECLARATION of Nwaifejokwu in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause.. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata)
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Filing 25
DECLARATION of Clark in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause.. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata)
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Filing 24
DECLARATION of Gladding in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause.. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata)
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Filing 23
DECLARATION of Dillon in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause.. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata)
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Filing 22
DECLARATION of Chu in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause.. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata)
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Filing 21
DECLARATION of Castro in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause.. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata)
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Filing 20
DECLARATION of Kane in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause.. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata)
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Filing 19
DECLARATION of Dr. Makary in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause.. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata)
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Filing 18
DECLARATION of Dr. Bhattacharya in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause.. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata)
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Filing 17
DECLARATION of Attorney Sujata Gibson in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause.. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith. (Attachments: #1 Exhibit Exhibit 1 - Second Circuit Injunction, #2 Exhibit Exhibit 2 - DOE Vaccine Mandate, #3 Exhibit Exhibit 3 - Spectrum Article, #4 Exhibit Exhibit 4 - NYT article, #5 Exhibit Exhibit 5 - NPR article, #6 Exhibit Exhibit 6 - NYP article, #7 Exhibit Exhibit 7 - Gotham article, #8 Errata Exhibit 8 - MLC lawsuit, #9 Exhibit Exhibit 9 - re Scheinman, #10 Exhibit Exhibit 10 - re Scheinman, #11 Exhibit Exhibit 11 - UFT Arbitration Award).(Gibson, Sujata)
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Filing 16
EMERGENCY MEMORANDUM OF LAW in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause. . Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata)
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Filing 15
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - EMERGENCY MOTION for Temporary Restraining Order . Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) Modified on 10/4/2021 (dt).
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Filing 14
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - EMERGENCY MOTION for Temporary Restraining Order Expert Affidavit. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) Modified on 10/4/2021 (dt).
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Filing 13
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - EMERGENCY MOTION for Temporary Restraining Order Memo of Law. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) Modified on 10/4/2021 (dt).
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Filing 12
EMERGENCY MOTION for Temporary Restraining Order Order to Show Cause. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
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Filing 11
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to NYC DOE, re: #1 Complaint,,. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata) Modified on 10/5/2021 (pc).
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Filing 10
REQUEST FOR ISSUANCE OF SUMMONS as to David Chokshi, re: #1 Complaint,,. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to Bill de Blasio, re: #1 Complaint,,. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata)
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: At the scheduled time, counsel for all parties should call888-363-4749, Access code 3121171#, Security code 7863. Initial Conference set for 11/12/2021 at 02:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 9/23/2021) (tg)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Sujata Sidhu Gibson to RE-FILE Document No. #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Each summons must be its own separate docket entry. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
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Filing 7
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to David Chokshi, Bill de Blasio, City of New York Department of Education, re: #1 Complaint. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith.(Gibson, Sujata) Modified on 9/23/2021 (sj).
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Filing 6
FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to William de Blasio, David Chokshi and City of New York Department of Education, re: #1 Complaint,,. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata) Modified on 9/22/2021 (jgo).
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Filing 5
ORDER FOR ADMISSION PRO HAC VICE granting #4 Motion for Sujata Sidhu Gibson to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 9/22/2021) (tg)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Sujata Sidhu Gibson. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Tompkins;. (jgo)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4 MOTION for Sujata Elam Sidhu Gibson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25089756. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Sujata Sidhu Gibson. The party information for the following party/parties has been modified: Michael Kane; William Castro; Margaret Chu; Heather Clark; Stephanie Di Capua; Robert Gladding; Nwakaego Nwaifejokwu; Ingrid Romero; Trinidad Smith; Amaryllis Ruiz-Toro; Bill de Blasio; David Chokshi; NEW YORK CITY DEPARTMENT OF EDUCATION. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly; party text was entered separately. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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)
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Magistrate Judge Gabriel W. Gorenstein 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)
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Case Designated ECF. (jgo)
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Filing 4
MOTION for Sujata Elam Sidhu Gibson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25089756. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Certificate of Good Standing).(Gibson, Sujata)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Michael Kane, Nwakaego Nwaifejokwu, Ingrid Romero, Amaryllis Ruiz-Toro, Trinidad Smith..(Gibson, Sujata)
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Filing 2
CIVIL COVER SHEET filed..(Gibson, Sujata)
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Filing 1
COMPLAINT against David Chokshi, in his Official Capacity of Health Commissioner of the 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 $ 402.00, Receipt Number ANYSDC-25089143)Document filed by Robert Gladding, Margaret Chu, Nwakaego Nwaifejokwu, Trinidad Smith, William Castro, Ingrid Romero, Heather Clark, Michael Kane, Amaryllis Ruiz-Toro, Stephanie Di Capua. (Attachments: #1 Exhibit Exhibit A - Vaccine Mandate, #2 Exhibit Exhibit B - UFT Arbitration Award, #3 Exhibit Exhibit C - CSA Arbitration).(Gibson, Sujata)
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