Keil et al v. The City of New York et al
| Matthew Keil, John De Luca, Sasha Delgado, Dennis Strk, Sarah Buzaglo, Edward (Eli) Weber, Amoura Bryan, Carolyn Grimando and Joan Giammarino |
| The City of New York, Board of Education of the City School District of New York, David Chokshi and Meisha Porter |
| 1:2021cv08773 |
| October 27, 2021 |
| U.S. District Court for the Southern District of New York |
| Valerie E Caproni |
| Civil Rights: Other |
| 42 U.S.C. § 2000 bb |
| Plaintiff |
Docket Report
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Filing 59
ORDER of USCA (Certified Copy) as to #55 Notice of Interlocutory Appeal, filed by John De Luca, Sasha Delgado, Sarah Buzaglo, Dennis Strk, Matthew Keil USCA Case Number 21-3047. Plaintiffs have filed emergency motions to enjoin enforcement of the COVID-19 vaccine mandate imposed on New York City Department of Education ("DOE") employees and contractors pending resolution of these appeals insofar as it is applied to DOE employees who assert religious objections to the vaccines. They also request that the Court order temporary reinstatement of any DOE employee suspended or terminated for noncompliance if they have religious objections to the COVID-19 vaccines. Plaintiffs' motion is GRANTED IN PART. Pending further order by the motions panel, which will hear Plaintiffs' motion on Tuesday, January 18, 2022, it is hereby ORDERED that the deadline to opt-in to the extended leave program and execute any accompanying waiver shall be stayed for Plaintiffs, and no further steps will be taken to terminate any Plaintiff's employment for noncompliance with the vaccine requirement. It is further ORDERED that Plaintiffs' request for further interim reliefincluding a stay of the vaccine requirement for individuals other than Plaintiffs and reinstatement of Plaintiffs to their positionsis DENIED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 12/21/2021. (tp)
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Filing 58
ORDER denying (92) Letter Motion to Expedite in case 1:21-cv-07863-VEC; denying (57) Letter Motion to Expedite in case 1:21-cv-08773-VEC. Plaintiffs' application for a stay of enforcement of the DOE Vaccine Mandate pending their appeal to the Second Circuit pursuant to Rule 62(d) of the Federal Rules of Civil Procedure is DENIED for the same reasons the Court denied the application for injunctive relief. See Order, Dkt. 90. Both parties have attempted to file amended complaints as a matter of course pursuant to Rule 15(a)(1) of the Federal Rules of Civil Procedure. See 21-CV-7863, Dkt. 74; 21-CV-8773, Dkt. 56. Courts are split on the question of whether amended complaints filed as a matter of course more than 21 days after service of the initial complaint but before a responsive pleading or Rule 12(b), (e), or (f) motion have been served are considered timely. See Doe #1 v. Syracuse Univ., 335 F.R.D. 356, 358-59 (N.D.N.Y. 2020) (reviewing the court split). But that question is moot in this matter. The Court has consolidated 21-CV-7863 and 21-CV-8773. See Order, Dkt. 90 at 13. Accordingly, the appropriate next step is for the Plaintiffs in both cases to file one consolidated amended complaint that incorporates allegations and claims as to the Citywide Panel and any class allegations, as Plaintiffs find appropriate. The consolidated amended complaint is due no later than Friday, January 7, 2022. In addition to the consolidated amended complaint, by no later than Friday, January 7, 2022, the parties must file a joint letter addressing the following: 1. The status of the administrative proceedings before the Citywide Panel as to other DOE employees who have unsuccessfully sought religious exemptions. See Appendix, Second Circuit Opinion, 21- CV-7863, Dkt. 77 at 47. 2. A proposed briefing schedule on Plaintiffs' motion for class certification. 3. Whether Defendants plan to challenge Plaintiffs' standing to pursue their as applied challenges, and if so, a proposed briefing schedule on the subject with Defendants filing the opening brief. See Second Circuit Opinion at 25-26 n.15; Order, 21-CV-7863, Dkt. 60 at 1-2. 4. Whether either party is seeking a stay in discovery and if so, on what basis. 5. Whether the parties believe a Rule 16 conference should be scheduled or whether there are threshold issues to be resolved first. 6. Any other information that parties believe may assist the Court in advancing these cases to resolution. If the parties cannot agree on a joint proposal with respect to any of the topics listed above, they should include their respective positions as to that issue. This Order supersedes the Court's endorsement at docket entry 84. The Court has consolidated these two matters and designated 21-CV-7863 as the lead case. See Order, Dkt. 90 at 13. Accordingly, the parties are ordered henceforth to make filings only in 21-CV-7863. The Clerk of Court is respectfully directed to close the open motions at 21-CV-7863, Dkt. 92 and 21-CV-8773, Dkt. 57. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/17/2021) Filed In Associated Cases: 1:21-cv-07863-VEC, 1:21-cv-08773-VEC (tg)
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| Filing 57 LETTER MOTION to Expedite Plaintiffs respectfully request that this Court grant an injunction or, alternatively, a stay of enforcement of Commissioner Chokshis vaccine mandates, pending interlocutory appeal of this Courts December 14, 2021, order denying Plaintiffs motion for a preliminary injunction addressed to Judge Valerie E. Caproni from Jonathan Robert Nelson dated December 16, 2021. Document filed by Amoura Bryan, Sarah Buzaglo, John De Luca, Sasha Delgado, Joan Giammarino, Carolyn Grimando, Matthew Keil, Dennis Strk, Edward (Eli) Weber. Return Date set for 12/17/2021 at 09:00 AM. (Attachments: #1 Exhibit Appeal Panel Decision Summaries, #2 Exhibit Mandates).(Nelson, Jonathan) |
| Filing 56 FIRST AMENDED COMPLAINT amending #10 Complaint against Board of Education of the City School District of New York, David Chokshi, Meisha Porter, The City of New York with JURY DEMAND.Document filed by Sasha Delgado, John De Luca, Matthew Keil, Dennis Strk, Sarah Buzaglo, Edward (Eli) Weber, Amoura Bryan, Carolyn Grimando, Joan Giammarino. Related document: #10 Complaint..(Black, Barry) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #55 Notice of Interlocutory Appeal, filed by John De Luca, Sasha Delgado, Sarah Buzaglo, Dennis Strk, Matthew Keil were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #55 Notice of Interlocutory Appeal. (tp) |
| Filing 55 NOTICE OF INTERLOCUTORY APPEAL from #54 Order Lifting Stay,,,,,,,,,,, Terminate Motions,,,,,,,,,,,. Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk. Filing fee $ 505.00, receipt number ANYSDC-25468682. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Black, Barry) Modified on 12/15/2021 (tp). |
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Filing 54
ORDER: IT IS HEREBY ORDERED that this Court's stay of both cases is lifted and Plaintiffs' application for a preliminary injunction is DENIED. "A showing of irreparable harm is the single most important prerequisite for the issuance of a preliminary injunction." Faiveley Transport Malmo AB v. Wabtec Corp., 559 F.3d 110, 118 (2d Cir. 2009) (quotation omitted). A harm alleged to be irreparable must be "one that cannot be remedied if a court waits until the end of trial to resolve the harm." Id. (internal citation omitted). "Where there is an adequate remedy at law, such as an award of money damages, injunctions are unavailable except in extraordinary circumstances." Moore v. Consol. Edison Co. of N.Y., 409 F.3d 506, 510 (2d Cir. 2005). (As further set forth by this Order). Because Plaintiffs have not shown irreparable harm or a likelihood of success on the merits, their motion for a preliminary injunction is DENIED. With no basis for a preliminary injunction, the Court also denies Plaintiffs' motion that Defendants be ordered to immediately reinstate them to their original positions prior to the enforcement of the vaccine mandate. IT IS FURTHER ORDERED that Plaintiffs' motion to certify a class of all DOE employees who assert religious objections to the vaccine mandate is DENIED without prejudice because it is premature. As a threshold matter, the operative complaint in neither case includes class allegations. The Kane Plaintiffs filed an amended complaint as a putative class action, see First Am. Compl. ("FAC"), 21-CV-7863, Dkt. 74, but they did so without leave of Court and despite the fact that the Court had stayed these proceedings. See Order, 21-CV-7863, Dkt. 75 (ordering the Kane Plaintiffs to show cause why the FAC should not be stricken given that Plaintiffs did not have leave of Court to file the pleading). The Court has yet to resolve that issue. See Endorsement, Dkt. 80 (noting that the "Court will address the issue of Plaintiffs' first amended complaint once the stay has been lifted"). And with respect to the Keil Plaintiffs, they sought leave to file a First Amended Complaint, but later withdrew their request. See Letter, 21- CV-8773, Dkt. 41 (seeking leave); Letter, Dkt. 45 (withdrawing request); Endorsement, Dkt. 47 (granting Plaintiffs' application to withdraw their request). Accordingly, the operative complaint in the Keil matter is the original complaint, which does not include class allegations. Moreover, neither of the operative complaints, nor the invalid First Amended Complaint in Kane, nor the First Amended Complaint that was proposed but then withdrawn in Keil contains any factual allegations regarding the Citywide Panel, the decisions from which Plaintiffs now appear to be challenging and may want to challenge on a class-wide basis. (As further set forth by this Order). Accordingly, Plaintiffs request that all proposed class members be reinstated to their original positions prior to the enforcement of the vaccine mandate is DENIED. IT IS FURTHER ORDERED that 21-CV-7863 and 21-CV-8773 are CONSOLIDATED pursuant to Rule 42 of the Federal Rules of Civil Procedure. No party disputes that consolidation is proper in this case. See Letter Request, 21-CV-7863, Dkt. 85 at 1; City Resp., 21-CV-7863, Dkt. 87 at 1; Letter Request, 21-CV-8773, Dkt. 50 at 1; City Resp., 21-CV-8773, Dkt. 52 at 1. Accordingly, given the overlap between the two cases, the Court finds that consolidation is appropriate. The Clerk of Court is respectfully directed to consolidate 21-CV-7863 and 21-CV-8773 and designate 21-CV-7863 as the lead case. The Clerk is further directed to close the open motions at 21-CV-7863, Dkt. 85 and 21-CV-8773, Dkt. 50. SO ORDERED. Motions terminated: (85 in 1:21-cv-07863-VEC) LETTER MOTION for Leave to File Motion of Injunction and Provisional Class Certification and Motion to Renew Preliminary Injunction and Provisional Class Certification Motions addressed to Judge Valerie E. Caproni from Sujata Gibson dated 12 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, (50 in 1:21-cv-08773-VEC) LETTER MOTION for Leave to File motion for injunction and provisional class certification addressed to Judge Valerie E. Caproni from Barry Black and Sujata Gibson dated December 11, 2021. filed by John De Luca, Sasha Delgado, Sarah Buzaglo, Dennis Strk, Matthew Keil. (Signed by Judge Valerie E. Caproni on 12/14/2021) Filed In Associated Cases: 1:21-cv-07863-VEC, 1:21-cv-08773-VEC (tg) Modified on 12/14/2021 (tg).
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| CONSOLIDATED MEMBER CASE: Create association to 1:21-cv-07863-VEC.. (tg) |
| Filing 53 LETTER addressed to Judge Valerie E. Caproni from Jonathan Robert Nelson dated December 13, 2021 re: in further support of the letter motion filed on December 11, 2021 (Docket Entry #50 in Keil), and in reply to the letter submitted this afternoon by Assistant Corporation Counsel Amanda Croushore (Docket Entry #52 in Keil) in opposition thereto. Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk..(Nelson, Jonathan) |
| Filing 52 LETTER addressed to Judge Valerie E. Caproni re: Response to Memo Endorsement Dkt. 51. Document filed by Board of Education of the City School District of New York, David Chokshi, Meisha Porter, The City of New York..(Croushore, Amanda) |
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Filing 51
MEMO ENDORSEMENT on re: #50 LETTER MOTION for Leave to File motion for injunction and provisional class certification addressed to Judge Valerie E. Caproni from Barry Black and Sujata Gibson dated December 11, 2021. filed by John De Luca, Sasha Delgado, Sarah Buzaglo, Dennis Strk, Matthew Keil. ENDORSEMENT: Any response by Defendants is due no later than Monday, December 13, 2021 at 2:30 P.M. Defendants must include in their response whether they object to the consolidation of 21-CV-7863 and 21-CV-8773 pursuant to Rule 42 of the Federal Rules of Civil Procedure. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/12/21) (yv)
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| Filing 50 LETTER MOTION for Leave to File motion for injunction and provisional class certification addressed to Judge Valerie E. Caproni from Barry Black and Sujata Gibson dated December 11, 2021. Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk. (Attachments: #1 Affidavit Declaration of Barry Black, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3).(Black, Barry) |
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Filing 49
ORDER denying (83 in 1:21-cv-07863-VEC) LETTER MOTION for Leave to File Motion for Class Certification and Amended Complaint. These two cases remain stayed pending the conclusion of the proceedings before the citywide panel. See Endorsement, 21-CV-7863, Dkt. 80; Endorsement, 21-CV-8773, Dkt. 40. The Court sees no reason to lift the stay at this time. By no later than Friday, January 7, 2021, the parties in both 21-CV-7863 and 21-CV-8773 must file a joint letter proposing next steps in this litigation. The joint letter should, at a minimum, address the following topics: 1. The status of the administrative proceedings before the citywide panel as to the named Plaintiffs in both cases. 2. The status of the administrative proceedings before the citywide panel as to other DOE employees who have unsuccessfully sought religious exemptions. See Appendix, Second Circuit Opinion, 21-CV-7863, Dkt. 77 at 47. 3. Whether Plaintiffs are requesting leave to file amended complaints to incorporate the findings of the citywide panel as to the named Plaintiffs. If Plaintiffs request such leave, they should propose a deadline for the filing of such an amended complaint. Plaintiffs should also indicate whether they will plan at that time to include class allegations in their amended complaints. If so, the parties should propose a briefing schedule on any motion for class certification. 4. Whether the parties oppose the consolidation of 21-CV-7863 and 21-CV-8773 pursuant to Rule 42 of the Federal Rules of Civil Procedure. If any party opposes, the parties should propose a briefing schedule on the issue, with the objecting party or parties filing the opening brief. 5. Whether Defendants plan to challenge Plaintiffs' standing to pursue their as applied challenges, and if so, a proposed briefing schedule on the subject with Defendants filing the opening brief. See Second Circuit Opinion at 25-26 n.15; Order, 21-CV-7863, Dkt. 60 at 1-2. 6. Whether either party is seeking a stay in discovery and if so, on what basis. 7. Whether the parties believe a Rule 16 conference should be scheduled or whether there are threshold issues to be resolved first. 8. Any other information that parties believe may assist the Court in advancing these cases to resolution. If the parties cannot agree on a joint proposal with respect to any of the topics listed above, they should include their respective positions as to that issue. The Clerk of Court is respectfully directed to close the open motion at docket entry 83 in 21-CV-7863. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/10/2021) (jca)
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| Case Stayed (tg) |
| Filing 48 MANDATE of USCA (Certified Copy) as to #33 Notice of Interlocutory Appeal, filed by John De Luca, Sasha Delgado, Sarah Buzaglo, Dennis Strk, Matthew Keil. USCA Case Number 21-2711. IT IS HEREBY ORDERED, ADJUDGED and DECREED that order of the district court is VACATED. The Defendants are ENJOINED consistent with the terms of the November 14, 2021 Motions Panel Order. The case is REMANDED for further proceedings consistent with this opinion, making clear that the district court may alter the terms of the preliminary relief we have ordered or set them aside, as circumstances and further development of the record may require... Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/30/2021. (Attachments: #1 Opinion).(nd) |
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Filing 47
MEMO ENDORSEMENT #46 LETTER addressed to Judge Valerie E. Caproni re: Dkt. 42 Order and Seeking Continuation of Stay, withdrawing #41 Letter Motion for Leave to File Document; withdrawing #45 Motion to Withdraw #41 LETTER MOTION for Leave to File Amended Complaint addressed to Judge Valerie E. Caproni from Jonathan Robert Nelson dated November 12, 2021., #45 MOTION to Withdraw #41 LETTER MOTION for Leave to File Amended Complaint addressed to Judge Valerie E. Caproni from Jonathan Robert Nelson dated November 12, 2021. . ENDORSEMENT: Plaintiffs' request to withdraw their request for leave to file an amended complaint is GRANTED. The stay in this case is hereby CONTINUED until the Second Circuit issues a mandate remanding the case to the undersigned or the parties' report to this Court within two weeks of the conclusion of Plaintiffs' proceedings before the citywide panel, whichever is later. The Clerk of Court is respectfully directed to close the open motions at docket entries 41 and 45. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/30/2021) (tg)
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| Transmission of USCA Mandate to the District Judge re: #48 USCA Mandate,,,..(nd) |
| Filing 46 LETTER addressed to Judge Valerie E. Caproni re: Dkt. 42 Order and Seeking Continuation of Stay. Document filed by Board of Education of the City School District of New York, David Chokshi, Meisha Porter, The City of New York..(Croushore, Amanda) |
| Filing 45 MOTION to Withdraw #41 LETTER MOTION for Leave to File Amended Complaint addressed to Judge Valerie E. Caproni from Jonathan Robert Nelson dated November 12, 2021. . Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk..(Nelson, Jonathan) |
| Filing 44 LETTER addressed to Judge Valerie E. Caproni from Jonathan Robert Nelson dated 11/29/2021 re: Decision and Judgment on appeal. Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk. (Attachments: #1 certified order of circuit court, #2 judgment of circuit court).(Nelson, Jonathan) |
| Transmission of USCA Opinion to the District Judge re: #43 USCA Opinion..(nd) |
| Filing 43 USCA OPINION (Certified) as to #33 Notice of Interlocutory Appeal, filed by John De Luca, Sasha Delgado, Sarah Buzaglo, Dennis Strk, Matthew Keil. USCA Case Number 21-2711-cv. In these two cases on appeal, fifteen teachers and school administrators challenge the denial of motions to preliminarily enjoin the enforcement of an order issued by the New York City Commissioner of Health and Mental Hygiene mandating that individuals who work in New York City schools be vaccinated against the COVID-19 virus ("Vaccine Mandate"). Plaintiffs-Appellants challenge the Vaccine Mandate on religious-freedom grounds and principally contend (1) that it is facially infirm under the First Amendment; and (2) that the procedures by which their religious accommodation claims were considered are unconstitutional as applied to them. We reject the Plaintiffs-Appellants' facial challenge but agree that they have established an entitlement to preliminary relief on their as-applied claim. Accordingly, the judgment of the district court is VACATED and the case REMANDED for further proceedings. Interim relief ordered by the motions panel pending appeal is continued, with the consent of Defendant-Appellee the City of New York.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/28/2021..(nd) |
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Filing 42
ORDER with respect to #41 Letter Motion for Leave to File Document. Defendant's response to Plaintiffs' request is due no later than Monday, November 29, 2021. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/17/2021) (tg)
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| Set/Reset Deadlines: Responses due by 11/29/2021 (tg) |
| Filing 41 LETTER MOTION for Leave to File Amended Complaint addressed to Judge Valerie E. Caproni from Jonathan Robert Nelson dated November 12, 2021. Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk. (Attachments: #1 First Amended Complaint).(Nelson, Jonathan) |
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Filing 40
ORDER granting #37 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) Modified on 11/3/2021 (tg).
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| Filing 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. Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk..(Child, Sarah) |
| Filing 38 NOTICE of Appearance of Jonathan Nelson. Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk..(Child, Sarah) |
| Filing 37 LETTER MOTION to Stay and responding to the Court's Order regarding Consolidation addressed to Judge Valerie E. Caproni. Document filed by Board of Education of the City School District of New York, David Chokshi, Meisha Porter, The City of New York..(Croushore, Amanda) |
| Filing 36 NOTICE OF APPEARANCE by Amanda Christine Croushore on behalf of Board of Education of the City School District of New York, David Chokshi, Meisha Porter, The City of New York..(Croushore, Amanda) |
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Filing 35
ORDER of USCA (Certified Copy) as to #33 Notice of Interlocutory Appeal, filed by John De Luca, Sasha Delgado, Sarah Buzaglo, Dennis Strk, Matthew Keil. USCA Case Number 21-2711. Appellants seek an emergency injunction, including a temporary restraining order, staying enforcement of the City's vaccine mandate pending resolution of this appeal. IT IS HEREBY ORDERED that, to the extent Appellants request a temporary injunction pending determination of their motion by a three-judge panel, that request is DENIED. The motion for an injunction pending appeal is REFERRED to a three-judge motions panel. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 10/28/2021..(nd)
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| Filing 34 NOTICE OF APPEARANCE by Lora Minicucci on behalf of Board of Education of the City School District of New York, David Chokshi, Meisha Porter, The City of New York..(Minicucci, Lora) |
| Filing 33 NOTICE OF INTERLOCUTORY APPEAL from Order,,. Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk. Filing fee $ 505.00, receipt number ANYSDC-25256715. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Black, Barry) |
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Filing 32
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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| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #8 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (dt) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #33 Notice of Interlocutory Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #33 Notice of Interlocutory Appeal, filed by John De Luca, Sasha Delgado, Sarah Buzaglo, Dennis Strk, Matthew Keil were transmitted to the U.S. Court of Appeals. (tp) |
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ORDER denying #8 Proposed Order to Show Cause With Emergency Relief. This complaint raises many of the same claims as those raised by plaintiffs in 21-CV-7863, Kane et al v. de Blasio et al. On October 12, 2021, the Court denied plaintiffs' application for a preliminary injunction in that case. See 21-CV-7863, Dkts. 60, 65. For the same reasons as discussed in that matter, Plaintiffs' application for a temporary restraining order and a preliminary injunction in this case is DENIED. SO ORDERED. (HEREBY ORDERED by Judge Valerie E. Caproni) (Text Only Order) (anc)
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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. (aea) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-07863-VEC. Notice of Assignment to follow. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Unassigned is no longer assigned to the case. (aea) |
| Filing 31 DECLARATION of Raquel Ibarrola re: #8 Proposed Order to Show Cause With Emergency Relief, . Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk. (Attachments: #1 Exhibit A- Initial Request, #2 Exhibit B - Attorney's Letter).(Black, Barry) |
| Filing 30 DECLARATION of John De Luca re: #8 Proposed Order to Show Cause With Emergency Relief, . Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk. (Attachments: #1 Exhibit A - Religious Exemption Request, #2 Exhibit B - Appeal Documentation, #3 Exhibit C - Pastor Letter, #4 Exhibit D - Arbitration Denial).(Black, Barry) |
| Filing 29 DECLARATION of Sarah Buzaglo re: #8 Proposed Order to Show Cause With Emergency Relief, . Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk. (Attachments: #1 Exhibit A - Religious Exemption Request, #2 Exhibit B - Appeal, #3 Exhibit C - Denial).(Black, Barry) |
| Filing 28 DECLARATION of Sasha Delgado re: #8 Proposed Order to Show Cause With Emergency Relief, . Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk. (Attachments: #1 Exhibit A - Religious Exemption Application, #2 Exhibit B - DOE Denial Letter, #3 Exhibit C - Pastor Letter).(Black, Barry) |
| Filing 27 DECLARATION of Matthew Keil re: #8 Proposed Order to Show Cause With Emergency Relief, . Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk. (Attachments: #1 Exhibit A- Keil Transfer, #2 Exhibit B- Religious Exemption Request, #3 Exhibit C - Fordham Grant).(Black, Barry) |
| Filing 26 DECLARATION of Eleni Gerasimou re: #8 Proposed Order to Show Cause With Emergency Relief, . Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk. (Attachments: #1 Exhibit A - Religious Exemption Application).(Black, Barry) |
| Filing 25 DECLARATION of Dennis Strk re: #8 Proposed Order to Show Cause With Emergency Relief, . Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk. (Attachments: #1 Exhibit Request for Religious Exemption).(Black, Barry) |
| Filing 24 DECLARATION of Inna Cohen re: #8 Proposed Order to Show Cause With Emergency Relief, . Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk. (Attachments: #1 Exhibit A - Religious Exemption Request, #2 Exhibit B - DOE Denial, #3 Exhibit C - Arbitration Denial).(Black, Barry) |
| Filing 23 DECLARATION of Cindy Corchado re: #8 Proposed Order to Show Cause With Emergency Relief, . Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk. (Attachments: #1 Exhibit A - Religious Exemption Request, #2 Exhibit B - DOE Denial, #3 Exhibit C - Arbitration Denial).(Black, Barry) |
| Filing 22 DECLARATION of Christina Martinez re: #8 Proposed Order to Show Cause With Emergency Relief, . Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk. (Attachments: #1 Exhibit A - Delgado Denial).(Black, Barry) |
| Filing 21 DECLARATION of Cassandra Ynocencio re: #8 Proposed Order to Show Cause With Emergency Relief, . Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk. (Attachments: #1 Exhibit A - Initial Request Letter, #2 Exhibit B - Application Determination, #3 Exhibit C - Appeal Info, #4 Exhibit D - Appeal Decision).(Black, Barry) |
| Filing 20 DECLARATION of Amoura Bryan re: #8 Proposed Order to Show Cause With Emergency Relief, . Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk. (Attachments: #1 Exhibit A - Minister Letter, #2 Exhibit B - SOLAS Denial Letter, #3 Exhibit C - Affidavit, #4 Exhibit D - Letter from Assistant Principal).(Black, Barry) |
| Filing 19 DECLARATION of Ageliki Heliotis re: #8 Proposed Order to Show Cause With Emergency Relief, . Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk. (Attachments: #1 Exhibit A- Religious Exemption Application, #2 Exhibit B - Application Denial, #3 Exhibit C - Arbitrators Decision).(Black, Barry) |
| Filing 18 NOTICE OF APPEARANCE by Sarah Elizabeth Child on behalf of Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk..(Child, Sarah) |
| Filing 17 DECLARATION of Jonathan R. Nelson, Esq. re: #8 Proposed Order to Show Cause With Emergency Relief, . Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk. (Attachments: #1 Exhibit July 21, 2021 Order, #2 Exhibit August 10, 2021 Order, #3 Exhibit August 24, 2021 Chokshi Mandate, #4 Exhibit September 15, 2021 Chokshi Mandate, #5 Exhibit September 28, 2021 Chokshi Mandate, #6 Exhibit September 10, 2021 Arbitration Mandate, #7 Exhibit September 15, 2021 Arbitration Mandate, #8 Exhibit September 14, 2021 Judge Lawrence Love Order, #9 Exhibit September 29, 201 Judge Lawrence Love Order, #10 Exhibit August 24, 2021 NYC DOE FAQ, #11 Exhibit Sasha Delgado Denial Letter).(Black, Barry) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Meisha Porter. (vf) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to The City of New York. (vf) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to David Chokshi. (vf) |
| Filing 13 STATEMENT OF RELATEDNESS re: that this action be filed as related to 21-cv-7863. Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk..(Black, Barry) |
| Filing 12 CIVIL COVER SHEET filed..(Black, Barry) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Board of Education of the City School District of New York. (vf) |
| Filing 10 COMPLAINT against Board of Education of the City School District of New York, David Chokshi, Meisha Porter, The City of New York. Document filed by Sasha Delgado, John De Luca, Matthew Keil, Dennis Strk, Sarah Buzaglo..(Black, Barry) |
| Filing 9 MEMORANDUM OF LAW re: #8 Proposed Order to Show Cause With Emergency Relief, . Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk..(Black, Barry) |
| Filing 8 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk. Related Document Number: #1 ..(Black, Barry) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Meisha Porter, in her Official Capacity as Chancellor of the New York City Department of Education, re: #1 Complaint,. Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk..(Black, Barry) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: #1 Complaint,. Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk..(Black, Barry) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to David Chokshi, in his Official Capacity of Health Commissioner of the City of New York, re: #1 Complaint,. Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk..(Black, Barry) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Board of Education of the City School District of New York, re: #1 Complaint,. Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk..(Black, Barry) |
| Filing 3 FILING ERROR - PDF ERROR - RELATED CASE AFFIRMATION of Barry Black re: that this action be filed as related to 21-cv-7860 (VEC). Document filed by Sarah Buzaglo, John De Luca, Sasha Delgado, Matthew Keil, Dennis Strk..(Black, Barry) Modified on 10/27/2021 (vf). |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Black, Barry) Modified on 10/27/2021 (vf). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Board of Education of the City School District of New York, David Chokshi, Meisha Porter, The City of New York. (Filing Fee $ 402.00, Receipt Number ANYSDC-25251378)Document filed by Sasha Delgado, John De Luca, Matthew Keil, Dennis Strk, Sarah Buzaglo..(Black, Barry) Modified on 10/27/2021 (vf). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Barry Black to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): Signature Error; Signature of the ECF filing Attorney user not provided. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Barry Black to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Nature of Suit Error. Multiple Nature of Suits Selected on form. Place an [x] in one Box Only. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Barry Black to RE-FILE Document No. #3 Statement of Relatedness. The filing is deficient for the following reason(s): The Related Case Number information provided on Civil Cover Sheet, does not correspond to Related Case Number provided on Related Case Statement Form. Re-file the document using the event type Statement of Relatedness found under the event list Other Documents - select the correct filer - enter the related case number when prompted - and attach the correct PDF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) |
| Case Designated ECF. (vf) |
| CASE REFERRED TO Judge Valerie E. Caproni as possibly related to 1:21-cv-7863. (vf) |
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