Foundation Against Intolerance & Racism, Inc. v. City of New York et al
| Foundation Against Intolerance & Racism, Foundation Against Intolerance & Racism, Inc. and Benjamin Stewart |
| CITY OF NEW YORK, NYC Department of Health & Mental Hygiene, DAVE CHOKSHI, New York City Department of Health and Mental Hygiene, Dave A. Chokshi and Mary T Bassett |
| 1:2022cv00528 |
| January 20, 2022 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Civil Rights: Other |
| 42 U.S.C. § 1983 vp Violation of Due Process and Equal Protection |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 1, 2022. A more recent docket listing may be available from PACER.
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| Filing 44 LETTER addressed to Judge Katherine Polk Failla from Melanie V. Sadok dated March 15, 2022 re: decision in Roberts v. Bassett. Document filed by Dave A. Chokshi, City Of New York, New York City Department of Health and Mental Hygiene. (Attachments: #1 Exhibit Roberts Decision).(Sadok, Melanie) |
| Filing 43 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/2/22 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) |
| Filing 42 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/2/2022 before Judge Katherine Polk Failla. 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 4/4/2022. Redacted Transcript Deadline set for 4/12/2022. Release of Transcript Restriction set for 6/10/2022..(Moya, Goretti) |
| Filing 41 LETTER addressed to Judge Katherine Polk Failla from Ameer Benno dated March 3, 2022 re: CV of Dr. Carrie Mendoza. Document filed by Foundation Against Intolerance & Racism, Inc., Benjamin Stewart. (Attachments: #1 Dr. Mendoza's CV).(Benno, Ameer) |
| Filing 40 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Mary T Bassett served on 2/22/2022, answer due 3/15/2022. Service was accepted by Bailee Brown. Document filed by Foundation Against Intolerance & Racism, Inc.; Benjamin Stewart..(Benno, Ameer) |
| Filing 39 MEMORANDUM OF LAW re: #25 Proposed Order to Show Cause With Emergency Relief, Redacted Version. Document filed by Foundation Against Intolerance & Racism, Inc., Benjamin Stewart..(Benno, Ameer) |
| Filing 38 DECLARATION of Ameer Benno in Support re: #25 Proposed Order to Show Cause With Emergency Relief,. Document filed by Foundation Against Intolerance & Racism, Inc., Benjamin Stewart. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12).(Benno, Ameer) |
| Filing 37 LETTER addressed to Judge Katherine Polk Failla from Melanie V. Sadok dated March 2, 2022 re: Declaration of Michelle E. Morse. Document filed by Dave A. Chokshi, City Of New York, New York City Department of Health and Mental Hygiene. (Attachments: #1 Exhibit Declaration of Michelle E. Morse).(Sadok, Melanie) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Temporary Restraining Order Hearing held on 3/2/2022. Attorney Ameer N. Benno representing Plaintiffs present. Attorney Melanie Vogel Sadok representing NYC Defendants present. Attorney Erin Ruth McAlister representing NYS Defendant present. The Court defers ruling on Plaintiffs' motion for a temporary restraining order and preliminary injunction. Defendants' deadline to respond to the Amended Complaint will be due 30 days after the Court issues a ruling on the PI motion. Plaintiff is to order a copy of today's transcript. (See transcript.) (Court Reporter Khris Sellin) (tn) |
| Filing 36 RESPONSE re: #25 Proposed Order to Show Cause With Emergency Relief, in Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (re-filed as Response to OSC). Document filed by Mary T Bassett. (Attachments: #1 Exhibit A - Declaration of Dr. Heslin, #2 Exhibit B - Excerpts from CDC Guidance).(McAlister, Erin) |
| Filing 35 RESPONSE re: #25 Proposed Order to Show Cause With Emergency Relief, in Opposition to the Emergency Relief. Document filed by Dave A. Chokshi, City Of New York, New York City Department of Health and Mental Hygiene..(Sadok, Melanie) |
| Filing 34 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #36) LETTER addressed to Judge Katherine Polk Failla from Erin R. McAlister dated February 28, 2022 re: Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. Document filed by Mary T Bassett. (Attachments: #1 Exhibit A - Declaration of Dr. Heslin, #2 Exhibit B - Excerpts from CDC Guidance).(McAlister, Erin) Modified on 3/1/2022 (lb). |
Filing 33
ORDER granting #31 Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to place docket entries 26 and 27 under seal, visible to the Court and parties only. Plaintiff is directed to refile the documents at docket entries 26 and 27 with redactions as requested. The Clerk of Court is further directed to terminate the pending motion at docket entry 31. (Signed by Judge Katherine Polk Failla on 2/28/2022) (rro)
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| Filing 32 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #35) RESPONSE in Opposition to Motion re: #31 LETTER MOTION to Seal Certain Docket Entries and for Permission to Refile Documents in Redacted Form addressed to Judge Katherine Polk Failla from Ameer Benno dated Feb. 28, 2022. Opposition to TRO and Prelim Inj,. Document filed by Dave A. Chokshi, City Of New York, New York City Department of Health and Mental Hygiene..(Sadok, Melanie) Modified on 3/1/2022 (lb). |
| Filing 31 LETTER MOTION to Seal Certain Docket Entries and for Permission to Refile Documents in Redacted Form addressed to Judge Katherine Polk Failla from Ameer Benno dated Feb. 28, 2022. Document filed by Foundation Against Intolerance & Racism, Inc., Benjamin Stewart..(Benno, Ameer) |
| Filing 30 NOTICE OF APPEARANCE by Erin Ruth McAlister on behalf of Mary T Bassett..(McAlister, Erin) |
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Filing 29
ORDER: The parties are hereby ORDERED to appear for a conference regarding Plaintiffs' motion for a temporary restraining order and preliminary injunction on March 2, 2022, at 11:30 a.m. in Courtroom 905 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. Defendants are further ORDERED to file a letter in opposition to Plaintiff's application on or before February 28, 2022. (Set Deadlines/Hearing as to ( Motion Hearing set for 3/2/2022 at 11:30 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 2/25/2022) (rro)
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| Filing 28 AFFIDAVIT of Ameer Benno re: #25 Proposed Order to Show Cause With Emergency Relief, Rule 65 Certification. Document filed by Foundation Against Intolerance & Racism, Inc., Benjamin Stewart..(Benno, Ameer) |
| Filing 27 DECLARATION of Ameer Benno in Support re: #25 Proposed Order to Show Cause With Emergency Relief,. Document filed by Foundation Against Intolerance & Racism, Inc., Benjamin Stewart. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12).(Benno, Ameer) |
| Filing 26 MEMORANDUM OF LAW re: #25 Proposed Order to Show Cause With Emergency Relief, . Document filed by Foundation Against Intolerance & Racism, Inc., Benjamin Stewart..(Benno, Ameer) |
| Filing 25 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Foundation Against Intolerance & Racism, Inc., Benjamin Stewart..(Benno, Ameer) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #25 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (nd) |
| Filing 24 NOTICE OF APPEARANCE by Jessica Lynn Katzen on behalf of Dave A. Chokshi, City Of New York, New York City Department of Health and Mental Hygiene..(Katzen, Jessica) |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to Mary T Bassett. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ameer N. Benno re: Document No. #21 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add Party Mary T. Bassett with party text "and in her official capacity as Commissioner of the New York State Departmentof Health". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (vf) |
| Filing 22 REQUEST FOR ISSUANCE OF SUMMONS as to Mary T. Bassett, re: #21 Amended Complaint,. Document filed by Foundation Against Intolerance & Racism, Inc., Benjamin Stewart..(Benno, Ameer) |
| Filing 21 FIRST AMENDED COMPLAINT amending #8 Complaint against Dave A. Chokshi, City Of New York, New York City Department of Health and Mental Hygiene, Mary T Bassett with JURY DEMAND.Document filed by Foundation Against Intolerance & Racism, Inc., Benjamin Stewart. Related document: #8 Complaint. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Benno, Ameer) |
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time. Application GRANTED. The time for all Defendants to respond to the complaint is hereby extended to March 17, 2022. The Clerk of Court is directed to terminate the pending motion at docket number 19. (Signed by Judge Katherine Polk Failla on 2/10/2022) (rro)
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| Filing 19 CONSENT LETTER MOTION for Extension of Time to respond to the complaint addressed to Judge Katherine Polk Failla from Melanie V. Sadok dated February 10, 2022. Document filed by Dave A. Chokshi, City Of New York, New York City Department of Health and Mental Hygiene..(Sadok, Melanie) |
| Set/Reset Deadlines: Dave A. Chokshi answer due 3/17/2022; City Of New York answer due 3/17/2022; New York City Department of Health and Mental Hygiene answer due 3/17/2022. (rro) |
| Magistrate Judge Jennifer Willis is so redesignated. (vba) |
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Filing 18
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/21/2022 at 4:00 PM before Judge Katherine Polk Failla. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/4/2022) (vfr)
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| Filing 17 SUMMONS RETURNED EXECUTED Summons and Complaint served. Dave A. Chokshi served on 1/25/2022, answer due 2/17/2022. Service was made by Email. Document filed by Foundation Against Intolerance & Racism, Inc...(Benno, Ameer) |
| Filing 16 SUMMONS RETURNED EXECUTED Summons and Complaint served. Dave A. Chokshi served on 1/27/2022, answer due 2/17/2022. Service was accepted by Josephina Lucerno. Document filed by Foundation Against Intolerance & Racism, Inc...(Benno, Ameer) |
| Filing 15 SUMMONS RETURNED EXECUTED Summons and Complaint served. Service was made by Email. Document filed by Foundation Against Intolerance & Racism, Inc...(Benno, Ameer) |
| Filing 14 SUMMONS RETURNED EXECUTED Summons and Complaint served. New York City Department of Health and Mental Hygiene served on 1/27/2022, answer due 2/17/2022. Service was accepted by Josephina Lucerno. Document filed by Foundation Against Intolerance & Racism, Inc...(Benno, Ameer) |
| Filing 13 SUMMONS RETURNED EXECUTED Summons and Complaint served. Service was made by Email. Document filed by Foundation Against Intolerance & Racism, Inc...(Benno, Ameer) |
| Filing 12 SUMMONS RETURNED EXECUTED Summons and Complaint served. City Of New York served on 1/25/2022, answer due 2/15/2022. Service was accepted by Ariton Marke. Document filed by Foundation Against Intolerance & Racism, Inc...(Benno, Ameer) |
| Filing 11 NOTICE OF APPEARANCE by Melanie Vogel Sadok on behalf of Dave A. Chokshi, City Of New York, New York City Department of Health and Mental Hygiene..(Sadok, Melanie) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to New York City Department of Health and Mental Hygiene. (vf) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Health And Mental Hygiene, re: #8 Complaint, #1 Complaint,. Document filed by Foundation Against Intolerance & Racism, Inc...(Benno, Ameer) |
| Filing 8 COMPLAINT against Dave A. Chokshi, City Of New York, New York City Department of Health and Mental Hygiene. Document filed by Foundation Against Intolerance & Racism, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Benno, Ameer) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Dave A. Chokshi..(pc) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to City Of New York..(pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ameer N. Benno. The party information for the following party/parties has been modified: CITY OF NEW YORK, NYC Department of Health & Mental Hygiene, DAVE CHOKSHI. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ameer N. Benno to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ameer N. Benno. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ameer N. Benno to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Party name on the docket entry must exactly match party name on complaint caption title (do not use acronyms);. 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) |
| Magistrate Judge Kevin Nathaniel Fox 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 5 REQUEST FOR ISSUANCE OF SUMMONS as to Dave A. Chokshi, re: #1 Complaint. Document filed by Foundation Against Intolerance & Racism..(Benno, Ameer) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to NYC Dept. of Health and Mental Hygiene, re: #1 Complaint. Document filed by Foundation Against Intolerance & Racism..(Benno, Ameer) Modified on 1/21/2022 (pc). |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: #1 Complaint. Document filed by Foundation Against Intolerance & Racism..(Benno, Ameer) |
| Filing 2 CIVIL COVER SHEET filed..(Benno, Ameer) |
| Filing 1 FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-25612814)Document filed by Foundation Against Intolerance & Racism. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Benno, Ameer) Modified on 1/21/2022 (pc). |
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