Principle Homecare, LLC et al v. McDonald
| Care Connect CDPAP, Inc., Prompt Home Care LLC, Marton Care Inc. and Principle Homecare, LLC |
| James V. McDonald |
| 1:2024cv07071 |
| September 18, 2024 |
| U.S. District Court for the Southern District of New York |
| Margaret M Garnett |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 27, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 25
LETTER addressed to Judge Margaret M. Garnett from Erin R. McAlister dated November 15, 2024 re: attaching redacted exhibits pursuant to Nov. 14, 2024 Order. Document filed by James V. McDonald. (Attachments: #1 Exhibit 2 to Nov. 1, 2024 Preis Decl (Principle Homecare Contract - Redacted), #2 Exhibit 3 to Nov. 1, 2024 Preis Decl (Marton Care Contract - Redacted), #3 Exhibit 4 to Nov. 1, 2024 Preis Decl (Prompt Home Care Contract - Redacted), #4 Exhibit 5 to Nov. 1, 2024 Preis Decl (Care Connect CDPAP Contract - Redacted)).(McAlister, Erin)
|
|
Filing 24
ORDER granting #23 Letter Motion to Seal Application GRANTED. Defendant requests that four documents be filed under seal because they are contracts that include proprietary information. Although "[t]he common law right of public access to judicial documents is firmly rooted in out nation's history," that right is not absolute, and courts "must balance competing considerations against" the presumption of access. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) (internal references omitted); see also Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 599 (1978) ("[T]he decision as to access is one best left to the sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case."). The Court having considered Defendant's representations, it is hereby ORDERED that Defendant's motion to seal Dkt. Nos. 19-2, 19-3, 19-4, and 19-5 is GRANTED; the Defendant is directed to file redacted versions of the identified exhibits in which only the "proprietary or trade secret information" of the Plaintiffs is removed from public view. The Clerk of Court is respectfully directed to terminate Dkt. No. 23. SO ORDERED.. (Signed by Judge Margaret M. Garnett on 11/14/2024) (jca)
|
|
Filing 23
LETTER MOTION to Seal Document Nos. 19-2 through 19-5 addressed to Judge Margaret M. Garnett from Erin R. McAlister dated November 14, 2024. Document filed by James V. McDonald..(McAlister, Erin)
|
|
Filing 22
ORDER granting in part and denying in part #20 Letter Motion to Adjourn Conference. Application GRANTED IN PART. It is hereby ORDERED that the November 19, 2024 Initial Pretrial Conference is ADJOURNED to Tuesday, January 7, 2025 at 9:30 a.m. in Courtroom 906 of the Thurgood Marshall Courthouse, 40 Foley Square, NY, NY 10007. The parties should be prepared to discuss the the proposed stay of discovery in light of the then-fully briefed motion to dismiss. The parties are advised that they are not required to submit a proposed case management plan or joint letter in advance of this conference. The Clerk of Court is respectfully directed to terminate Dkt. No. 20. SO ORDERED. Initial Conference set for 1/7/2025 at 09:30 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. (Signed by Judge Margaret M. Garnett on 11/12/2024) (ar)
|
|
Filing 21
LETTER RESPONSE in Opposition to Motion addressed to Judge Margaret M. Garnett from Akiva Shapiro dated November 8, 2024 re: #20 LETTER MOTION to Adjourn Conference and Stay Discovery addressed to Judge Margaret M. Garnett from Erin R. McAlister dated November 7, 2024. . Document filed by Principle Homecare, LLC, Marton Care Inc., Prompt Home Care LLC, Care Connect CDPAP, Inc...(Shapiro, Akiva)
|
|
Filing 20
LETTER MOTION to Adjourn Conference and Stay Discovery addressed to Judge Margaret M. Garnett from Erin R. McAlister dated November 7, 2024. Document filed by James V. McDonald..(McAlister, Erin)
|
|
Filing 19
DECLARATION of Jessica Preis in Support re: #17 MOTION to Dismiss .. Document filed by James V. McDonald. (Attachments: #1 Exhibit 1 - Corning Council v. McDonald, No. 908147-24 (Sup. Ct. Albany Cnty. Sept. 30, 2024), #2 Exhibit 2 - Contract between Elderplan Inc. and Plaintiff Principle Homecare, #3 Exhibit 3 - Contract between Centers Plan for Healthy Living and Plaintiff Marton Care, #4 Exhibit 4 - Contract between Centers Plan for Healthy Living and Plaintiff Prompt Home Care, #5 Exhibit 5 - Contract between Centers Plan for Healthy Living and Plaintiff Care Connect CDPAP, #6 Exhibit 6 - Excerpts of 2025 NYS Enacted Financial Plan).(McAlister, Erin)
|
|
Filing 18
MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss . . Document filed by James V. McDonald..(McAlister, Erin)
|
|
Filing 17
MOTION to Dismiss . Document filed by James V. McDonald. Responses due by 12/12/2024.(McAlister, Erin)
|
|
Filing 16
MEMO ENDORSEMENT on re: #15 Letter filed by James V. McDonald. ENDORSEMENT: Application GRANTED. It is hereby ORDERED that Defendant's memorandum of law in support of its forthcoming motion to dismiss, and Plaintiffs' opposition thereto, may not exceed 35 pages. SO ORDERED. (Signed by Judge Margaret M. Garnett on 10/29/2024) (mml)
|
|
Filing 15
LETTER addressed to Judge Margaret M. Garnett from Jessica Preis dated October 29, 2024 re: Request for Permission to Exceed 25-Page Limit. Document filed by James V. McDonald..(Preis, Jessica)
|
|
Filing 14
AFFIDAVIT OF SERVICE of Notice of Initial Pretrial Conference and Individual Rules and Practices of the Honorable Margaret M. Garnett served on Commissioner James V. McDonald on September 24, 2024. Service was accepted by Stephanie Fattorusso. Document filed by Care Connect CDPAP, Inc., Marton Care Inc., Principle Homecare, LLC, Prompt Home Care LLC..(Shapiro, Akiva)
|
|
Filing 13
ORDER granting #12 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. It is hereby ORDERED that Defendant shall answer, move, or otherwise respond to the Complaint no later than November 1, 2024. In the event Defendant moves to dismiss the complaint, (1) Plaintiffs' shall have until December 12, 2024 to oppose the motion or, in accordance with Rule II(B)(6) of the Court's Individual Rules, file an amended complaint, and (2) Defendant shall file his reply in support of his motion to dismiss no later than December 19, 2024. The Clerk of Court is respectfully directed to terminate Dkt. No. 12. SO ORDERED. Responses due by 12/12/2024 Replies due by 12/19/2024. (Signed by Judge Margaret M. Garnett on 9/30/2024) (mml)
|
|
Set/Reset Deadlines: James V. McDonald answer due 11/1/2024. Motions due by 11/1/2024. (mml)
|
|
Filing 12
FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #1 Complaint addressed to Judge Margaret M. Garnett from Jessica Preis dated September 27, 2024. Document filed by James V. McDonald..(Preis, Jessica)
|
|
Filing 11
NOTICE OF APPEARANCE by Jessica Preis on behalf of James V. McDonald..(Preis, Jessica)
|
|
Filing 10
NOTICE OF APPEARANCE by Erin Ruth McAlister on behalf of James V. McDonald..(McAlister, Erin)
|
|
Filing 9
AFFIDAVIT OF SERVICE of Summons, Complaint, Civil Cover Sheet Notice of Appearance, Rule 7.1 Statement, Individual Rules of the Hon. Margaret M. Garnett, and SDNY Electronic Case Filing Rules and Instructions served on James V. McDonald, Commissioner of the New York State Department of Health on September 20, 2024. Service was accepted by Stephanie Fattorusso, Esq.. Document filed by Care Connect CDPAP, Inc., Marton Care Inc., Principle Homecare, LLC, Prompt Home Care LLC..(Shapiro, Akiva)
|
|
Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/19/2024 at 09:30 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. SO ORDERED (Signed by Judge Margaret M. Garnett on 9/23/2024) (ks)
|
|
Filing 7
ELECTRONIC SUMMONS ISSUED as to James V. McDonald..(pc)
|
|
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Akiva Shapiro. 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 Bronx;. (pc)
|
|
Case Designated ECF. (pc)
|
|
Magistrate Judge Gary Stein is designated to handle matters that may be referred in this case. 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)
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Margaret M. Garnett. 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)
|
|
Filing 6
NOTICE OF APPEARANCE by William John Moccia on behalf of Care Connect CDPAP, Inc., Marton Care Inc., Principle Homecare, LLC, Prompt Home Care LLC..(Moccia, William)
|
|
Filing 5
NOTICE OF APPEARANCE by Mylan Lee Denerstein on behalf of Care Connect CDPAP, Inc., Marton Care Inc., Principle Homecare, LLC, Prompt Home Care LLC..(Denerstein, Mylan)
|
|
Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Care Connect CDPAP, Inc., Marton Care Inc., Principle Homecare, LLC, Prompt Home Care LLC..(Shapiro, Akiva)
|
|
Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner James V. McDonald, re: #1 Complaint. Document filed by Care Connect CDPAP, Inc., Marton Care Inc., Principle Homecare, LLC, Prompt Home Care LLC..(Shapiro, Akiva)
|
|
Filing 2
CIVIL COVER SHEET filed..(Shapiro, Akiva)
|
|
Filing 1
COMPLAINT against James V. McDonald. (Filing Fee $ 405.00, Receipt Number ANYSDC-29911240)Document filed by Principle Homecare, LLC, Care Connect CDPAP, Inc., Prompt Home Care LLC, Marton Care Inc...(Shapiro, Akiva)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
