M.A. et al v. Rockland County Department of Health
| K.M., M.R., K.M.M., M.A., M.C., T., J.O., L.K., M.K., A.M., Y.T., V.L., L.V.G., W.M., K.K., J.J., M.M., L.P., R.J., V.M., M.P., P.J., N.D., D., W.D., T.T., E. E., J. and J.R. |
| Dr. Patricia Schnabel Ruppert and Rockland County Department of Health |
| 7:2019cv02066 |
| March 6, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Civil Rights: Other |
| 42 U.S.C. ยง 1988 |
| None |
Docket Report
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Filing 5
ORDER denying #4 Letter Motion for Extension of Time: The Court does not accept counsel's representation that it would be "prejudicial to the County Defendants to have to come up with factual proof to refute Plaintiffs' submissions in so little time." The County has been addressing the question of whether to apply the exclusion order to Great Meadow Waldorf School since at least early December 2018. Surely, the County already knows what its reasons are for doing so. The County will comply with the deadlines set forth in the order to show cause. If the County fails to do so, the Court will take that fact into consideration in deciding whether to grant the requested TRO. Regarding counsel's complaint about not being served "personally" with the order, the Court explicitly permitted plaintiffs' counsel to serve the order by email, and he complied. The Court's failure to amend the personal service language in the order was an oversight on the Court's part. In any event, counsel says she was out of her office yesterday. As such, she received the order by email sooner than she would have received it had the order been personally served. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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Filing 4
LETTER MOTION for Extension of Time addressed to Judge Vincent L. Briccetti from Larraine S. Feiden dated March 7, 2019. Document filed by Rockland County Department of Health, Patricia Schnabel Ruppert(Commissioner, sued in her officail capacity), Patricia Schnabel Ruppert(Commissioner, sued in her individual capacity).(Feiden, Larraine)
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Filing 3
ORDER TO SHOW CAUSE: PLEASE TAKE NOTICE that upon the Declaration of Dr. Richard Moskowitz dated March 6, 2019, the Declaration of Dr. Hendrieka Fitzpatrick, dated March 6, 2019, the Affidavit of Tina Kimmel, Ph.d, MPH, dated March 5, 2019, the Affidavits of Jeannine McGlade, Maureen Satriano, R.N. [with exhibits], and of plaintiffs M.A.,M.C, W.D., N.D., J.E. and E.E., J.J., L.V.G., P.J., D. and R. J.,K.K., L.K., M.K.,V.L., V.M. and A.M., T. and M.M.,K.M.M. and W.M., K.M., J.O., M.P., L.P., M.R., J.R., C. and T.T., each dated March 5, 2019 and filed on behalf of their identified minor children, you are hereby ordered to show cause on the 12th day of March 2019 at 12:00 in the afternoon in Courtroom 620 at the United States Courthouse, 300 Quarropas St., White Plains, New York 10601 why the order of exclusion directed to the Green Meadow Waldorf School on or about February 7, 2019 excluding plaintiffs' children from school attendance until 42 days after the last reported case of measles in Rockland County should not be preliminarily enjoined; Service of this order and the papers filed in support of its issuance shall be personally served upon the County Attorney for the County of Rockland by 5:00 p.m. on March 6, 2019. Any response to these papers shall be filed by defendants at least three days before the return date set forth above. SO ORDERED. Show Cause Hearing set for 3/12/2019 at 12:00 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 3/6/2019) (kv)
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Filing 2
CIVIL COVER SHEET filed. (dnh)
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Filing 1
COMPLAINT against Rockland County Department of Health, Patricia Schnabel Ruppert, Patricia Schnabel Ruppert. (Filing Fee $ $400.00, Receipt Number 465407016856)Document filed by A.M., D., E. E., J., J.J., J.O., J.R., K.K, K.M., K.M.M., L.K., L.P., L.V.G., M.A., M.C., M.K., M.M., M.P., M.R., N.D., P.J., R.J., T., T.T., V.L., V.M., W.D., W.M., Y.T (dnh)
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Minute Entry for proceedings held before Judge Vincent L. Briccetti: Show Cause Hearing held on 3/6/2019. (Court Reporter Christina Arends-Dieck) No appearance by the Defendants. (dh)
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SUMMONS ISSUED as to Patricia Schnabel Ruppert(Commissioner, sued in her official capacity), Patricia Schnabel Ruppert(Commissioner, sued in her individual capacity). (dnh)
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Magistrate Judge Judith C. McCarthy 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: #http://nysd.uscourts.gov/forms.php. (dnh)
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Case Designated ECF. (dnh)
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SUMMONS ISSUED as to Rockland County Department of Health. (dnh)
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