Glidedowan, LLC v. New York State Department of Health et al
| Glidedowan, LLC doing business as All-American Homecare Agency, Inc. |
| James V. McDonald and New York State Department of Health |
| 6:2024cv06731 |
| December 17, 2024 |
| U.S. District Court for the Western District of New York |
| Elizabeth A Wolford |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 3, 2025. A more recent docket listing may be available from PACER.
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Filing 27
Letter filed by New York State Department of Health, James V. McDonald Notifying of Supreme Court, Albany County, Decision and Order. (Attachments: #1 Exhibit A - SAve Our Consumer Directed Home Care Program, Inc. v. NYSDOH, et al.)(McKay, Heather)
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Filing 26
Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Roger Alan Bearden, Esq., Edward P. Hourihan, Jr., Esq., and Jeremy M. Sher, Esq. with Client Representative Sean Hanna, on behalf of plaintiff; Kyle William Sturgess, AAG and Heather Lynn McKay, AAG on behalf of defendants. Oral Argument re #2 Motion for Preliminary Injunction held on 2/5/2025. #24 MOTION for Leave to File sur-reply letter granted pursuant to discussion on the record. Plaintiff's to provide Court with copy of TRO from Nassau County Supreme Court matter. Court reserves decision regarding #2 Motion for Preliminary Injunction. (Court Reporter Karen Clark.) (DPS)
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Filing 25
REPLY to Response to Motion re #2 MOTION for Preliminary Injunction CORRECTED REPLY TO RESPONSE TO MOTION filed by Glidedowan, LLC. (Attachments: #1 Declaration of Sean T. Hanna, #2 Exhibit A - DOH 12/06/24 Memorandum, #3 Declaration of Gerald J. Archibald, #4 Supplement Request for Page Limit Extension)(Bearden, Roger)
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Filing 24
MOTION for Leave to File sur-reply letter in sur-reply to Dkt. No. 22 (Plaintiff's Reply), and proposed sur-reply, by New York State Department of Health, James V. McDonald.(Sturgess, Kyle)
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E-Filing Notification: #23 REPLY/RESPONSE to re #2 MOTION for Preliminary Injunction request for leave to submit letter of sur-reply, and sur-reply. This document contains a request for relief and should be filed as a motion. ACTION REQUIRED: Re-file document using the motion event. (TF)
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Filing 23
REPLY/RESPONSE to re #2 MOTION for Preliminary Injunction request for leave to submit letter of sur-reply, and sur-reply, filed by New York State Department of Health, James V. McDonald. (Sturgess, Kyle)
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Filing 22
REPLY to Response to Motion re #2 MOTION for Preliminary Injunction filed by Glidedowan, LLC. (Attachments: #1 Declaration of Sean T. Hanna, #2 Ex. A - DOH Dec. 6, 2024 Memorandum, #3 Declaration of Gerald J. Archibald, #4 Request for Page Limit Extension)(Sher, Jeremy)
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Filing 21
REPLY/RESPONSE to re #15 MOTION for Extension of Time to File Answer re #2 MOTION for Preliminary Injunction , #1 Complaint, 12 Text Order,,,, Set Deadlines/Hearings,,, (Attorney Reply Declaration in Support of Motion to Extend Time to Answer or Otherwise Respond to Complaint) filed by New York State Department of Health, James V. McDonald. (McKay, Heather)
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Filing 20
RESPONSE in Opposition re #2 MOTION for Preliminary Injunction , #3 MOTION to Expedite filed by New York State Department of Health, James V. McDonald. (Attachments: #1 Exhibit Exhibit A, Corning Council decision and order, #2 Exhibit Exhibit A, Jeannot v. NYS Memo and order, #3 Declaration Declaration of Amir Bassiri, #4 Exhibit Bassiri Exhibit 1, NYS budget synopsis, #5 Exhibit Bassiri Exhibit 2, procurement guidelines, #6 Exhibit Bassiri Exhibit 3, RFP, #7 Exhibit Bassiri Exhibit 4, RFP amended dates, #8 Exhibit Bassiri Exhibit 5, RFP amended dates, #9 Exhibit Bassiri Exhibit 6, amended RFP language, #10 Exhibit Bassiri Exhibit 7, Glidedowan FI contract, #11 Exhibit Bassiri Exhibit 8, model NYS FI contract, #12 Memorandum in Support Memo of Law opposing injunctive relief)(Sturgess, Kyle)
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Filing 19
MEMORANDUM in Opposition re #15 MOTION for Extension of Time to File Answer re #2 MOTION for Preliminary Injunction , #1 Complaint, 12 Text Order,,,, Set Deadlines/Hearings,,, filed by Glidedowan, LLC. (Attachments: #1 Declaration of Edward P. Hourihan, Jr.)(Sher, Jeremy)
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Filing 18
TEXT ORDER granting request for enlargement of page limitation. Defendants' memorandum of law in response to Plaintiff's motion for a preliminary injunction (Dkt. 2) shall not exceed 50 pages in length. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/13/2025. (CAL)
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Filing 17
NOTICE of Appearance by Kyle William Sturgess on behalf of New York State Department of Health, James V. McDonald (Sturgess, Kyle)
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Filing 16
TEXT ORDER re #15 Motion for Extension of Time. Defendants have filed a motion seeking an extension of time to answer or otherwise respond to the complaint, until 30 days after the Court's determination on the pending motion for a preliminary injunction. (Dkt. 15). Defendants represent that Plaintiff opposes the motion. (Dkt. 15-1 at 2). The Court hereby holds Defendants' deadline to answer the complaint in abeyance pending resolution of the motion for an extension of time. Pursuant to Rule 7(b)(2)(B) of this Court's Local Rules of Civil Procedure, Plaintiff's response papers are due on or before January 13, 2025. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/08/2025. (CAL)
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Filing 15
MOTION for Extension of Time to File Answer re #2 MOTION for Preliminary Injunction , #1 Complaint, 12 Text Order,,,, Set Deadlines/Hearings,,, by New York State Department of Health, James V. McDonald. (Attachments: #1 Attorney Declaration)(McKay, Heather)
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Filing 14
NOTICE of Appearance by Heather Lynn McKay on behalf of New York State Department of Health, James V. McDonald (McKay, Heather)
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ATTENTION ALL PLAINTIFFS OR INTERVENORS: Pursuant to Fed. R. Civ. P.7.1 and/or General Order No. 157. In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Disclosure Statements are to be filed within seven (7) days of this notice. (KM)
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Filing 13
AFFIDAVIT of Service for Text Order Setting Preliminary Injunction Briefing Schedule (Department of Health) served on Department of Health, James V. McDonald, Office of the Attorney General, Ted O'Brien, Esq. on 12/19/2024, filed by Glidedowan, LLC. (Attachments: #1 Affidavit of Service of Text Order - Commissioner McDonald, #2 Affidavit of Service of Text Order - Attorney General, #3 Affidavit of Service of Text Order (Courtesy Copy) - Ted O'Brien, Esq.)(Sher, Jeremy)
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E-Filing Notification: Please note for future reference that the proper event is summons returned executed. No action required #9 AFFIDAVIT of Service for Summons, Complaint, #11 AFFIDAVIT of Service for Summons, Complaint and #10 AFFIDAVIT of Service for Summons, Complaint. (TF)
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RE #9 , #10 and #11 - SUMMONS Returned Executed by Glidedowan, LLC. James V. McDonald served on 12/18/2024, answer due 1/8/2025; New York State Department of Health served on 12/18/2024, answer due 1/8/2025. (TF)
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Filing 12
TEXT ORDER re #2 Motion for Preliminary Injunction. Responses shall be due on or before January 15, 2025. Replies shall be due on or before January 22, 2025. Oral argument on the motion will be held on Wednesday, February 5, 2025, at 3:00 p.m. at the United States Courthouse, 100 State Street, Rochester, New York. Plaintiff shall personally serve Defendants with a copy of this Text Order and shall serve a courtesy copy on Ted O'Brien, New York Assistant Attorney General in Charge, Rochester Regional Office, 144 Exchange Blvd., Suite 200, Rochester, New York. Plaintiff shall file a certificate of service on the docket by the close of business on Friday, December 20, 2024. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/18/2024. (CDH)
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Filing 11
AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet, Motion for Preliminary Injunction, Declaration of Marco C. Altieri with Exhibit A, Memorandum of Law in Support, Anticipated Witnesses and Exhibits, Proposed Order Granting Preliminary Injunction, Motion to Expedite, Declaration of Edward P. Hourihan, Jr. in Support of Motion for Expedited Hearing served on Amber Schofield, Office Assistant 2 - New York State Department of Law, Office of the Attorney General on December 18, 2024, filed by Glidedowan, LLC. (Sher, Jeremy)
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Filing 10
AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet, Motion for Preliminary Injunction, Declaration of Marco C. Altieri with Exhibit A, Memorandum of Law in Support, Anticipated Witnesses and Exhibits, Proposed Order Granting Preliminary Injunction, Motion to Expedite, Declaration of Edward P. Hourihan, Jr. in Support of Motion for Expedited Hearing served on Stephanie Fattorusso, Assistant Attorney, Bureau of Litigation - James V. McDonald, Commissioner, New York State Department of Health on December 18, 2024, filed by Glidedowan, LLC. (Sher, Jeremy)
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Filing 9
AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet, Motion for Preliminary Injunction, Declaration of Marco C. Altieri with Exhibit A, Memorandum of Law in Support, Anticipated Witnesses and Exhibits, Proposed Order Granting Preliminary Injunction, Motion to Expedite, Declaration of Edward P. Hourihan, Jr. in Support of Motion for Expedited Hearing served on Stephanie Fattorusso, Assistant Attorney, Bureau of Litigation - New York State Department of Health on December 18, 2024, filed by Glidedowan, LLC. (Sher, Jeremy)
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Filing 8
Summons Issued as to James V. McDonald, New York State Department of Health. (Attachments: #1 summons for James McDonald)(TF)
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Filing 7
NOTICE of Appearance by Roger Alan Bearden on behalf of Glidedowan, LLC (Bearden, Roger)
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Filing 6
NOTICE of Appearance by Edward P. Hourihan, Jr on behalf of Glidedowan, LLC (Hourihan, Edward)
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Filing 5
Original Summons Filed. (Sher, Jeremy)
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Filing 4
Original Summons Filed. (Sher, Jeremy)
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Filing 3
MOTION to Expedite by Glidedowan, LLC d/b/a All-American Homecare Agency, Inc.. (Attachments: #1 Declaration of Edward P. Hourihan, Jr. in Support of Motion for Expedited Hearing, #2 Motion for Preliminary Injunction, #3 Declaration of Marco C. Altieri in Support of Motion for Preliminary Injunction, #4 Exhibit A to Altieri Declaration, #5 Memorandum of Law in Support of Motion for Preliminary Injunction, #6 Proposed Order Granting Expedited Hearing on Motion for Preliminary Injunction)(Sher, Jeremy)
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Filing 2
MOTION for Preliminary Injunction by Glidedowan, LLC d/b/a All-American Homecare Agency, Inc.. (Attachments: #1 Complaint, #2 Declaration of Marco C. Altieri, #3 Exhibit A, #4 Memorandum in Support, #5 Anticipated Witnesses and Exhibits, #6 Proposed Order Granting Preliminary Injunction)(Sher, Jeremy)
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Filing 1
COMPLAINT against James V. McDonald, New York State Department of Health $ 405 receipt number ANYWDC-5357854, filed by Glidedowan, LLC d/b/a All-American Homecare Agency, Inc.. (Attachments: #1 Summons, #2 Civil Cover Sheet)(Sher, Jeremy)
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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)
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AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's #ADR webpage and/or contact the Court's ADR Administrator at #adrprogram@nywd.uscourts.gov. Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the #ADR Plan and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan. (TMK)
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Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (TMK)
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E-Filing Notification: re #1 COMPLAINT - Each Defendant must have their own individual Summons. Please resubmit a Summons for each Defendant. Please use the Original Summons Filed event, found under Service of Process. (TMK)
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