Urban v. Dr. Mary T. Bassett, in her official capacity as Commissioner of Health for the State of New York et al
Plaintiff: Julian A. Urban
Defendant: Dr. Mary T. Bassett, in her official capacity as Commissioner of Health for the State of New York, Lynn Fusco, in her official capacity as Superintendent of Schools of Erie 1 BOCES, Dr. Mary T. Bassett and Lynn Fusco
Case Number: 1:2022cv00019
Filed: January 7, 2022
Court: US District Court for the Western District of New York
Presiding Judge: John L Sinatra
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 25, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 7, 2022 Opinion or Order Filing 11 MOTION for Sanctions by Lynn Fusco. (Attachments: #1 Declaration of Ryan G. Smith, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Memorandum in Support of Motion for Sanctions)(Smith, Ryan)
February 11, 2022 Opinion or Order Filing 10 TEXT ORDER re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mary T. Bassett, #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lynn Fusco. Plaintiff shall respond to Defendants' motions by 3/11/2022. Defendants' replies, if any, are due by 3/25/2022. The Court will set oral argument at a later date, if necessary. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 2/11/2022. (KEF)
February 11, 2022 Opinion or Order Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mary T. Bassett. (Attachments: #1 Memorandum in Support of Defendant Bassett's Motion to Dismiss)(Terragnoli, Joel)
January 28, 2022 Opinion or Order Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Lynn Fusco. (Attachments: #1 Declaration of Ryan G. Smith, #2 Exhibit A - COVID-19 Reporting & Testing, #3 Exhibit B - Commissioner's 2.62 Determination, #4 Memorandum in Support)(Smith, Ryan)
January 26, 2022 Opinion or Order Filing 7 TEXT ORDER granting #6 Motion for Extension of Time to Answer or Otherwise Move in Response to Complaint. Defendants shall answer or otherwise respond to the complaint by 2/11/2022. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 1/26/2022. (KEF)
January 26, 2022 Opinion or Order Filing 6 MOTION for Extension of Time to File Answer or otherwise move in response to Complaint by Mary T. Bassett. (Attachments: #1 Declaration, #2 Certificate of Service)(Sleight, David)
January 11, 2022 Opinion or Order Filing 5 TEXT ORDER granting #4 Motion for Extension of Time to Answer, filed by Defendant Fusco on behalf of all Defendants. Defendants shall answer or otherwise respond to the complaint by 1/28/2022. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 1/11/2022. (KEF)
January 11, 2022 Opinion or Order Filing 4 MOTION for Extension of Time to File Answer by Lynn Fusco.(Smith, Ryan)
January 10, 2022 Opinion or Order Filing 3 NOTICE of Appearance by Meghan M Hayes on behalf of Lynn Fusco (Hayes, Meghan)
January 10, 2022 Opinion or Order Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK)
January 10, 2022 Opinion or Order AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
January 10, 2022 Opinion or Order Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK)
January 7, 2022 Opinion or Order Filing 2 STIPULATION re #1 Notice of Removal,,,, Consent by Dr. Mary T. Bassett, in her official capacity as Commissioner of Health for the State of New York. (Sleight, David)
January 7, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL by Lynn Fusco, in her official capacity as Superintendent of Schools of Erie 1 BOCES with Index of Documents Filed with State Court from Erie County Supreme Court, case number 816266/2021. (Filing fee $ 402 receipt number ANYWDC-4467567), filed by Lynn Fusco, in her official capacity as Superintendent of Schools of Erie 1 BOCES. (Attachments: #1 Exhibit 1 Summons, #2 Exhibit 2 Complaint, #3 Exhibit 3 Affidavit of Carl J. Schwartz, Jr. Esq., #4 Exhibit 4 Proposed Order to Show Cause, #5 Exhibit 5 Fusco Email, #6 Exhibit 6 Laraiso Confirming Constitutional Rights, #7 Exhibit 7 Eisenried Letter dated 10/15/21, #8 Exhibit 8 Eisenried Letter dated 10/27/2021, #9 Exhibit 9 FDA Letter to Pfizer 8/23/21, #10 Exhibit 10 Dr. Wood Affidavit, #11 Exhibit 11 John Cullen Affidavit, #12 Exhibit 12 RJI, #13 Exhibit 13 Signed Order to Show Cause, #14 Exhibit 14 Demand for Change of Venue, #15 Exhibit 15 Stipulation of Discontinuance as to Betty Rosa, #16 Exhibit 16 NYS No Fee Letter, #17 Certificate of Compliance, #18 Civil Cover Sheet, #19 Certificate of Service)(Smith, Ryan)

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Plaintiff: Julian A. Urban
Represented By: Carl Jacob Schwartz, Jr.
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Defendant: Dr. Mary T. Bassett, in her official capacity as Commissioner of Health for the State of New York
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Defendant: Lynn Fusco, in her official capacity as Superintendent of Schools of Erie 1 BOCES
Represented By: Ryan G. Smith
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Defendant: Dr. Mary T. Bassett
Represented By: David J. Sleight
Represented By: Joel J. Terragnoli
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Defendant: Lynn Fusco
Represented By: Ryan G. Smith
Represented By: Meghan M Hayes
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