Doe et al v. County of Westchester County Department of Public Safety et al
| Jane Doe and Sally Roe |
| County of Westchester County Department of Public Safety, Terrance Raynor, New Rochelle Police Department, City of White Plains Department of Public Safety, County of Westchester and George Latimer |
| 7:2022cv06950 |
| August 15, 2022 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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Filing 34
CERTIFICATE OF SERVICE of Notice of Motion for Leave to Proceed with Pseudonyms served on Defendants County of Westchester, George Latimer, County of Westchester County Department of Public Safety and Terrance Raynor, New Rochelle Police Department and City of White Plains Department of Public Safety on 10/3/22. Service was made by Email on consent by corporation/law counsel for City of White Plains Department of Public Safety, ECF as to counsel who have appeared for County defendants, and Priority Mail as to Defendant New Rochelle Police Department c/o New Rochelle Law Department, Att: Brian Powers, Esq.. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher)
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Filing 33
MEMORANDUM OF LAW in Support re: #32 MOTION for Protective Order for Leave to Proceed Anonymously. . Document filed by Jane Doe, Sally Roe..(McHale, Michael)
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Filing 32
MOTION for Protective Order for Leave to Proceed Anonymously. Document filed by Jane Doe, Sally Roe. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit A - Article - Would-be Kavanaugh assassin arrested, #3 Exhibit B - Article - 'Ruth Sent Us' targets Justice Barrett's children, #4 Exhibit C - Article - Attorney Brejcha's home vandalized, #5 Exhibit D - Reproductive Justice Union Profile, #6 Exhibit E - Article - Radical abortion groups threaten violence, #7 Exhibit F - Jane's Revenge First Communique, #8 Exhibit G - Article - Protestors Vandalize, Firebomb Pro-Life Centers, #9 Exhibit H - Jane's Revenge Another Communique, #10 Exhibit I - Jane's Revenge Night of Rage, #11 Exhibit J - Article - Jane's Revenge Declares 'Open Season' on Pro-Life, #12 Exhibit K - Jane's Revenge 'It's Easy to Attack', #13 Exhibit L - Article - Suspected arson against pro-life facility, #14 Exhibit M - Article - Abortion Pill Reversal Success Stories, #15 Exhibit N - Article - Has your state experienced recent pro-abortion violence?, #16 Exhibit O - Article- NYC cops brace for post-Roe protests, #17 Exhibit P - Article - Post-Roe protestors take to the streets, #18 Exhibit Q - Article - Attacks on Catholic Churches multiply, #19 Exhibit R - Article - Vandals smash Catholic sculptures, #20 Exhibit S - Article - More arson against pregnancy centers, #21 Exhibit T - Article - Catholic Churches vandalized, #22 Exhibit U - Article - Bishop pleads for peace, #23 Exhibit V - Article - Multiple pro-abortion protestors arrested, #24 Exhibit W - Article - Increasing amount of pro-life orgs. firebombed).(McHale, Michael)
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Filing 31
NOTICE OF APPEARANCE by Michael McHale on behalf of Jane Doe, Sally Roe..(McHale, Michael)
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Filing 30
ORDER FOR ADMISSION PRO HAC VICE granting #20 MOTION for Michael McHale to Appear Pro Hac Vice. The motion of Michael G. McHale for admission Pro Hac Vice in the above-captioned action is GRANTED. *** The Order granting Mr. McHale's request for admission pro hac vice has no bearing on Plaintiffs' anticipated motion to proceed using pseudonyms. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 20. *** (Signed by Judge Philip M. Halpern on 9/22/2022) (jca)
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Filing 29
CERTIFICATE OF SERVICE of Order by Judge Halpern, 9-15-22, ECF No. 26 served on all defendants on 9-16-22. Service was accepted by As to New Rochelle Police Department - Dawn Warren, Deputy Corporation Counsel. Service was made by Email on consent by corporation/law counsel as to City of White Plains Department of Public Safety, County of Westchester, Terrance Raynor, George Latimer and County of Westchester County Department of Public Safety. Document filed by Jane Doe, Sally Roe. (Attachments: #1 Exhibit 9-15-22 Order by Judge Halpern, ECF 26 - Served).(Ferrara, Christopher)
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Filing 28
WAIVER OF SERVICE RETURNED EXECUTED. City of White Plains Department of Public Safety waiver sent on 9/6/2022, answer due 11/7/2022. Document filed by Jane Doe; Sally Roe..(Ferrara, Christopher)
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Filing 27
WAIVER OF SERVICE RETURNED EXECUTED. County of Westchester County Department of Public Safety waiver sent on 9/6/2022, answer due 11/7/2022; George Latimer waiver sent on 9/6/2022, answer due 11/7/2022; Terrance Raynor waiver sent on 9/6/2022, answer due 11/7/2022; County of Westchester waiver sent on 9/6/2022, answer due 11/7/2022. Document filed by Jane Doe; Sally Roe..(Ferrara, Christopher)
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Filing 26
ORDER: One of the pending pre-motion conference letters concerns Plaintiffs' anticipated motion for leave to proceed under pseudonymsa motion that must be granted for summonses to issue for the Complaint in its current state. (See Doc. 9; Doc. 16; see Aug. 19, 2022 Entry). The premotion conference requirement is waived for this application and Plaintiffs are granted leave to serve and file their pseudonym motion in accordance with the following schedule: (1) Plaintiffs' motion papers shall be served on all Defendants and filed on September 30, 2022; (2) Defendants (to the extent any wish to be heard on an application before summonses have issued) shall serve and file their opposition papers on October 14, 2022; and (3) Plaintiffs' reply papers, if any, shall be served and filed on October 21, 2022. The other pre-motion conference letters go hand-in-handone seeks leave to move for a preliminary injunction and the other asks for permission to file an "oversized brief" in connection therewith. (Doc. 7; Doc. 10). The County Defendants opposed these requests as well. (Doc. 15; Doc. 24). These requests are, at best, premature and therefore denied without prejudice to renew on that basis. Plaintiffs may renew their requests after a decision is rendered on the motion to proceed under pseudonyms. Plaintiffs are directed to serve a copy of this Order on all Defendants and file proof of service to the docket by 5:00 p.m. on September 16, 2022. SO ORDERED. (Motions due by 9/30/2022., Responses due by 10/14/2022, Replies due by 10/21/2022.) (Signed by Judge Philip M. Halpern on 9/15/2022) (jca)
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Filing 25
NOTICE OF APPEARANCE by Alida Lavidania Marcos on behalf of County of Westchester County Department of Public Safety, George Latimer, Terrance Raynor, County of Westchester..(Marcos, Alida)
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Filing 24
LETTER addressed to Judge Philip M. Halpern from John Nonna dated September 13,2022 re: Plaintiffs' pre-motion letter seeking to file a preliminary injunction motion. Document filed by County of Westchester County Department of Public Safety, George Latimer, Terrance Raynor, County of Westchester..(Nonna, John)
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Filing 23
NOTICE OF APPEARANCE by Justin Richard Adin on behalf of County of Westchester County Department of Public Safety, George Latimer, Terrance Raynor, County of Westchester..(Adin, Justin)
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Filing 22
NOTICE OF APPEARANCE by Shawna Currie MacLeod on behalf of County of Westchester County Department of Public Safety, George Latimer, Terrance Raynor, County of Westchester..(MacLeod, Shawna)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Michael McHale to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 21
CERTIFICATE OF SERVICE of Motion for Admission of Michael McHale Pro Hac Vice served on Defendants County of Westchester, George Latimer, County of Westchester County Department of Public Safety and Terrance Raynor, New Rochelle Police Department and City of White Plains Department of Public Safety on 9/8/22. Service was made by By ECF or Email on consent by corporation/law counsel. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher)
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Filing 20
MOTION for Michael McHale to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jane Doe, Sally Roe. (Attachments: #1 Affidavit for Admission Pro Hac Vice, #2 Text of Proposed Order for Admission Pro Hac Vice, #3 Exhibit Certificate of Good Standing).(Ferrara, Christopher)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #18 MOTION for Michael McHale to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26646087. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Nebraska; Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz)
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Filing 19
CERTIFICATE OF SERVICE of Motion for Admission of Michael McHale Pro Hac Vice served on Defendants County of Westchester, George Latimer, County of Westchester County Department of Public Safety and Terrance Raynor, New Rochelle Police Department and City of White Plains Department of Public Safety on 9/7/22. Service was made by By ECF or Email on consent by corporation/law counsel. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher)
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Filing 18
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael McHale to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26646087. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jane Doe, Sally Roe. (Attachments: #1 Affidavit in Support of Admission Pro Hac Vice, #2 Text of Proposed Order for Admission Pro Hac Vice).(Ferrara, Christopher) Modified on 9/8/2022 (sgz).
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Filing 17
STATUS REPORT. re Service of Process Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher)
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Filing 16
LETTER addressed to Judge Philip M. Halpern from John Nonna dated September 2, 2022 re: Response to Plaintiffs' pre-motion letter to file under pseudonyms. Document filed by County of Westchester County Department of Public Safety, George Latimer, Terrance Raynor..(Nonna, John)
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Filing 15
LETTER addressed to Judge Philip M. Halpern from John Nonna dated September 2, 2022 re: Plaintiffs' pre-motion letter. Document filed by County of Westchester County Department of Public Safety, George Latimer, Terrance Raynor..(Nonna, John)
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Filing 14
NOTICE OF APPEARANCE by John Nonna on behalf of County of Westchester County Department of Public Safety, George Latimer, Terrance Raynor..(Nonna, John)
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Filing 13
CERTIFICATE OF SERVICE of Pre-Motion Conference Letter re Plaintiffs' Motion for Leave to Proceed with Pseudonyms served on Defendants County of Westchester, George Latimer, County of Westchester County Department of Public Safety and Terrance Raynor, New Rochelle Police Department and City of White Plains Department of Public Safety on 8/27/22. Service was made by Email on consent by corporation/law counsel. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher)
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Filing 12
CERTIFICATE OF SERVICE of Pre-Motion Conference Letter re Plaintiffs' Motion for Leave to File Oversize Brief in Support of Preliminary Injunction served on Defendants County of Westchester, George Latimer, County of Westchester County Department of Public Safety and Terrance Raynor, New Rochelle Police Department, City of White Plains Department of Public Safety on 8/27/22. Service was made by Email on consent by corporation/law counsel. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher)
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Filing 11
CERTIFICATE OF SERVICE of Pre-Motion Conference Letter re Plaintiffs' Motion for Preliminary Injunction served on Defendants County of Westchester, George Latimer, County of Westchester County Department of Public Safety and Terrance Raynor, New Rochelle Police Department and City of White Plains Department of Public Safety on 8/27/22. Service was made by Email on consent by corporation/law counsel. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher)
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Filing 10
LETTER addressed to Judge Philip M. Halpern from Christopher A. Ferrara, Counsel for Plaintiffs dated 8/26/22 re: Pre-Motion Conference re Motion to file brief of 33 pages (replaces certificate of service for same, filed as Document 8 in error). Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher)
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Filing 9
LETTER addressed to Judge Philip M. Halpern from Christopher A. Ferrara, Counsel for Plaintiffs dated 8/26/22 re: Pre-Motion Conference on Plaintiffs' Motion for Leave to Proceed with Pseudonyms. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher)
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Filing 8
LETTER addressed to Judge Philip M. Halpern from Christopher A. Ferrara, Counsel for Plaintiffs dated 8/26/22 re: Pre-Motion Conference on Motion of Leave to File Oversized Brief on Plaintiffs' Motion for Preliminary Injunction (8 additional pages requested). Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher)
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Filing 7
LETTER addressed to Judge Philip M. Halpern from Christopher A. Ferrara, Counsel for Plaintiffs dated 8/26/22 re: Pre-Motion Conference re Plaintiffs' Motion for a Preliminary Injunction. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher)
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Filing 6
FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to County of Westchester; George Latimer, Chief Executive of the County of Westchester, in his official capacity; County of Westchester County Department of Public Safety; Terrance Raynor, Acting Commissioner of the Westchester Department of Public Safety, in his official capacity; New Rochelle Police Department; City of White Plains Department of Public Safety, re: #1 Complaint,,,,,. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher) Modified on 8/19/2022 (vf).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Christopher A. Ferrara, Off to RE-FILE Document No. #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): Court's leave has not been granted to proceed under pseudonym. 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. (vf)
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Filing 5
FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to County of Westchester; George Latimer, Chief Executive of the County of Westchester, in his official capacity; County of Westchester Department of Public Safety; Terrance Raynor, Acting Commissioner of the Westchester Department of Public Safety, in his official capacity; New Rochelle Police Department; City of White Plains Department of Public Safety, re: #1 Complaint. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher) Modified on 8/18/2022 (vf).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Christopher A. Ferrara, Off to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): Defendant party name errors. Defendant party name listed does not correspond exactly to pleading caption. 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. (vf)
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Filing 4
NOTICE of Notice of Filing of Proposed Summons and Rider by Plaintiffs' Counsel re: #1 Complaint,,,,,. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher)
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Filing 3
NOTICE of Notice of Filing and Authentication of Exhibits to Verified Complaint by Plaintiffs' Counsel re: #1 Complaint,,,,,. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher)
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Filing 2
CIVIL COVER SHEET filed. (Attachments: #1 Supplement Address Rider to Civil Cover Sheet for Defendants).(Ferrara, Christopher)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher A. Ferrara. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1331; County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:1983; the County code has been modified to Queens;. (jgo)
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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: #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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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher A. Ferrara. The party information for the following party/parties has been modified: Jane Doe; Sally Roe; Department of Public Safety County of Westchester; Terrance Raynor; Police Department New Rochelle ; Department of Public Safety City of White Plains; County of Westchester; George Latimer. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted;. (jgo)
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Filing 1
COMPLAINT against Department of Public Safety City of White Plains, Department of Public Safety County of Westchester, George Latimer, Police Department New Rochelle, Terrance Raynor, County of Westchester. (Filing Fee $ 402.00, Receipt Number ANYSDC-26551042)Document filed by Jane Doe, Sally Roe. (Attachments: #1 Exhibit A - Photo of PP Facility, #2 Exhibit B- Sample of Literature distributed by Plaintiff Jane Doe, #3 Exhibit C - Photo of PP facility - Plaintiff Sally Roe, #4 Exhibit D - Sample of literature distributed by Plaintiff Sally Roe, #5 Exhibit E - Sample of Pro-Life Signs used by Plaintiff Sally Roe, #6 Exhibit F - Board of Legislators Meeting Agenda Packet re Challenged Law 2022-06-27, #7 Exhibit G - Google aerial view (modified) and photo of PP facility - Plaintiff Jane Doe, #8 Exhibit H - Google aerial view (modified) and photo of PP facility - Plaintiff Sally Roe, #9 Exhibit I - Press Release by Legislator Smith, #10 Exhibit J - Board of Legislators Meeting Agenda Packet re Challenged Law 2022-05-09, #11 Exhibit K - Board of Legislators Meeting Agenda Packet re Challenged Law 2022-05-23, #12 Exhibit L - Legislative Committee Meeting Agenda Packet re Challenged Law 2022-06-01, #13 Exhibit M - Legislative Committee Meeting Agenda Packet re Challenged Law 2022-06-06).(Ferrara, Christopher)
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