Case: B.B. v. Hochul

COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-15016098 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by J.R., a minor, by his Next Friend Anna Roberts, M.P., a minor, by his Next Friend Adira Hulkower, J.S. and S.S., minors, by their Next Friend Lisa Hoyes, C.C., a minor, by her Next Friend, Lisa Hoyes, T.R., a minor, by his Next Friend Cynthia Godsoe, C.P., a minor, by his Next Friend Cynthia Godsoe, B.B., a minor, by his Next Friend Joy Rosenthal, Z.W. and D.W., minors, by their Next Friend Jennifer Melnick, E.R., A.R. and M.R., minors, by their Next Friend Peggy Cooper Davis, C.W.C., a minor, by her Next Friend Joy Rosenthal. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons) (Goldstein, Linda) (Entered: 11/10/2021)

1 Civil Cover Sheet

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2 Proposed Summons

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3 Proposed Summons

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4 Proposed Summons

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Summons Issued as to Kathy Hochul, Sheila J. Poole. (Neptune, Pierre) (Entered: 11/10/2021)

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Neptune, Pierre) (Entered: 11/10/2021)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Neptune, Pierre) (Entered: 11/10/2021)

Proposed Summons. by B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W. (Goldstein, Linda) (Entered: 11/10/2021)

Summons Issued as to City of New York. (Layne, Monique) (Entered: 11/10/2021)

NOTICE of Appearance by Lisa Freeman on behalf of All Plaintiffs (aty to be noticed) (Freeman, Lisa) (Entered: 11/10/2021)

NOTICE of Appearance by Samantha Rosa on behalf of B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W. (aty to be noticed) (Rosa, Samantha) (Entered: 11/10/2021)

Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Neptune, Pierre)

Your proposed summons was not issued for the following reasons: Defendant's name (City of New York) was not entered in the 'To' field on the summons; the name on the summons (New York City Law Department) does not match the name as it appears on the complaint. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Neptune, Pierre)

Case Assigned/Reassigned

Quality Control Check - Summons

NOTICE of Appearance by Emily Van Tuyl on behalf of B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W. (aty to be noticed) (Van Tuyl, Emily) (Entered: 11/22/2021)

Letter Unopposed Request for Extension of Time to Respond to Complaint by Kathy Hochul, Sheila J. Poole (Michael, Vivian) Modified on 11/29/2021 (Ramirez, Alexia). (Entered: 11/23/2021)

NOTICE of Appearance by Vivian Costandy Michael on behalf of Kathy Hochul, Sheila J. Poole (aty to be noticed) (Michael, Vivian) (Entered: 11/23/2021)

NOTICE of Appearance by Philip S. Frank on behalf of City of New York (aty to be noticed) (Frank, Philip) (Entered: 11/24/2021)

ORDER granting 10 Motion for Extension of Time to File Response/Reply. The State Defendants and Defendant New York City shall file a pre-motion letter in response to the Complaint on or before December 14, 2021. Ordered by Magistrate Judge Robert M. Levy on 11/29/2021. (Ramirez, Alexia)

Order on Motion for Extension of Time to File Response/Reply

NOTICE of Appearance by Kathryn Anne Wood on behalf of All Plaintiffs (aty to be noticed) (Wood, Kathryn) (Entered: 12/03/2021)

NOTICE of Appearance by Patrick Allen Baker on behalf of Kathy Hochul, Sheila J. Poole (aty to be noticed) (Baker, Patrick) (Entered: 12/13/2021)

Letter Requesting Pre-Motion Conference by Kathy Hochul, Sheila J. Poole (Michael, Vivian) (Entered: 12/14/2021)

MOTION for pre motion conference by City of New York. (Frank, Philip) (Entered: 12/14/2021)

Letter dated December 21, 2021 to Honorable LaShann DeArcy Hall from Linda C. Goldstein re: Response to Defendants Pre-Motion Letters [ECF No. 15 &16] by B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W. (Goldstein, Linda) (Entered: 12/21/2021)

SCHEDULING ORDER: Defendants' letter motions 15 16 requesting a pre-motion conference are GRANTED. The Court shall hold a telephonic pre-motion conference on Defendants' anticipated motions to dismiss the complaint on January 20, 2022, at 12:00 p.m. The parties are directed to call chambers on January 20, 2022, at 12:00 p.m., using the following conference line and dial-in information: toll free number 1-888-684-8852; access code 1537693. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Ordered by Judge LaShann DeArcy Hall on 12/29/2021. (Williams, Erica)

Order on Motion for Pre Motion Conference

SCHEDULING ORDER: The pre-motion conference scheduled on January 20, 2022, is ADJOURNED to February 2, 2022, at 11:00 a.m. The parties are directed to call chambers on February 2, 2022, at 11:00 a.m., using the following conference line and dial-in information: toll free number 1-888-684-8852; access code 1537693. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.

1 - Terminate Hearings AND ~Util - Set Hearings AND Order Setting Hearing on Motion

ORDER: The pre-motion conference scheduled for February 2, 2022, at 11:00 a.m., shall be held via videoconference. The parties will be sent a video link separately. Members of the public can join by phone at 1-646-828-7666; Meeting ID: 1605460750; Passcode: 923847. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Ordered by Judge LaShann DeArcy Hall on 1/26/2022. (Williams, Erica)

Order(Other)

MINUTE ENTRY AND ORDER: A pre-motion videoconference regarding Defendants' anticipated motions to dismiss the complaint was held before Judge LaShann DeArcy Hall on February 2, 2022. Vivian Costandy Michael and Patrick Allen Baker appeared on behalf of Defendants Governor Kathy Hochul and Commissioner Sheila J. Poole. Philip Frank appeared on behalf of Defendant City of New York. Lisa Freeman and Linda C. Goldstein appeared on behalf of the Plaintiffs. On or before February 4, 2022, the parties are directed submit a joint proposed briefing schedule for Defendants motions to dismiss. Ordered by Judge LaShann DeArcy Hall on 2/22/2022. (Court Reporter Holly Driscoll.) (Williams, Erica)

Pre Motion Conference

Proposed Scheduling Order for Motions to Dismiss by Kathy Hochul, Sheila J. Poole (Michael, Vivian) (Entered: 02/03/2022)

ORDER: The parties proposed briefing schedule 18 for motions to dismiss is GRANTED in PART. A review of the Defendants pre-motion conference letters reveals that the arguments to be raised by the City Defendant and State Defendants are indistinguishable save State Defendants argument regarding Governor Hochul. Accordingly, Defendants shall be required to submit an omnibus brief. Defendants shall serve Plaintiffs with their omnibus motion to dismiss and memoranda of law, not to exceed 35 pages, by April 8, 2022. Plaintiffs shall serve Defendants with their opposition, not to exceed 35 pages, by June 7, 2022. Defendants shall serve their reply, if any, not to exceed 15 pages, and file the fully briefed motions by June 28, 2022. As a courtesy, unless objected to by the parties, the Court asks that the parties file the motion only once it is fully briefed. Defendants shall provide the Court with a courtesy copy of the filed, stamped, fully briefed motion, within two business days of filing. Memoranda of law and courtesy copies shall comply with this Court's Individual Practices. Ordered by Judge LaShann DeArcy Hall on 2/8/2022. (Williams, Erica)

Order(Other)

NOTICE of Appearance by Vishan Patel on behalf of All Plaintiffs (aty to be noticed) (Patel, Vishan) (Entered: 05/19/2022)

NOTICE of Appearance by Kimberly Rae Schertz on behalf of All Plaintiffs (aty to be noticed) (Schertz, Kimberly) (Entered: 06/06/2022)

NOTICE of Appearance by Stephen L. Saxl on behalf of Mobilization for Justice, Inc. (aty to be noticed) (Saxl, Stephen) (Entered: 06/23/2022)

Corporate Disclosure Statement by Mobilization for Justice, Inc. (Saxl, Stephen) (Entered: 06/23/2022)

Letter MOTION for Leave to File Document by Mobilization for Justice, Inc.. (Saxl, Stephen) (Entered: 06/23/2022)

Fully Briefed MOTION to Dismiss by Defendants by Kathy Hochul, Sheila J. Poole. (Michael, Vivian) (Entered: 06/28/2022)

MEMORANDUM in Support re 24 Fully Briefed MOTION to Dismiss by Defendants filed by Kathy Hochul, Sheila J. Poole. (Michael, Vivian) (Entered: 06/28/2022)

AFFIDAVIT/DECLARATION in Support re 24 Fully Briefed MOTION to Dismiss by Defendants Covington Decl. filed by Kathy Hochul, Sheila J. Poole. (Attachments: # 1 Exhibit 1-10 [Under Seal]) (Michael, Vivian) (Entered: 06/28/2022)

AFFIDAVIT/DECLARATION in Support re 24 Fully Briefed MOTION to Dismiss by Defendants Meyer Decl. filed by Kathy Hochul, Sheila J. Poole. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R) (Michael, Vivian) (Entered: 06/28/2022)

MEMORANDUM in Opposition re 24 Fully Briefed MOTION to Dismiss by Defendants filed by Kathy Hochul, Sheila J. Poole. (Michael, Vivian) (Entered: 06/28/2022)

REPLY in Support re 24 Fully Briefed MOTION to Dismiss by Defendants filed by Kathy Hochul, Sheila J. Poole. (Michael, Vivian) (Entered: 06/28/2022)

AFFIDAVIT/DECLARATION in Support re 24 Fully Briefed MOTION to Dismiss by Defendants Supp. Covington Decl. filed by Kathy Hochul, Sheila J. Poole. (Attachments: # 1 Exhibit 11 [Under Seal]) (Michael, Vivian) (Entered: 06/28/2022)

AFFIDAVIT/DECLARATION in Support re 24 Fully Briefed MOTION to Dismiss by Defendants Michael Decl. filed by Kathy Hochul, Sheila J. Poole. (Attachments: # 1 Exhibit A) (Michael, Vivian) (Entered: 06/28/2022)

MOTION for Leave to Electronically File Document under Seal the annexed Exhibits 1 through 11 in support of Defendants joint motion to dismiss the Complaint by City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11) (Frank, Philip) (Entered: 06/28/2022)

Letter dated October 27, 2022, to Honorable LaShann DeArcy Hall from Linda C. Goldstein re: Request for Rule 16(b) Conference by B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W. (Goldstein, Linda) (Entered: 10/27/2022)

SCHEDULING ORDER: An initial conference by telephone has been scheduled for November 17, 2022 at 12:30 p.m., before the Honorable Robert M. Levy, United States Magistrate Judge at (888) 684-8852; Access Code #: 6223489. Ordered by Magistrate Judge Robert M. Levy on 10/27/2022. (Attachments: # 1 IC QUESTIONNAIRE, # 2 INDIVIDUAL RULES) (JM) (Entered: 10/27/2022)

MOTION to Stay discovery, filed jointly by the City and State Defendants, pending the Courts decision on Defendants June 28, 2022 motion to dismiss the Complaint by City of New York. (Attachments: # 1 Exhibit 1 - Transcript of Pre-Motion Conference Held on February 2, 2022) (Frank, Philip) (Entered: 11/02/2022)

ORDER deferring ruling on 35 Motion to Stay. The court will address the motion to stay at the 11/17/22 conference. Ordered by Magistrate Judge Robert M. Levy on 11/3/2022. (Levy, Robert)

Order on Motion to Stay

RESPONSE in Opposition re 35 MOTION to Stay discovery, filed jointly by the City and State Defendants, pending the Courts decision on Defendants June 28, 2022 motion to dismiss the Complaint filed by B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W.. (Goldstein, Linda) (Entered: 11/07/2022)

Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Counsel present by telephone. Argument heard on stay. For the reasons explained at the hearing and in defendants submissions, a 60 day stay of discovery is granted, with leave to renew. Status report due 1/17/23.Motion Hearing held on 11/17/2022 re 35 MOTION to Stay discovery, filed jointly by the City and State Defendants, pending the Courts decision on Defendants June 28, 2022 motion to dismiss the Complaint filed by City of New York (Levy, Robert)

STATUS REPORT ORDER Status Report due by 1/17/2023.Ordered by Magistrate Judge Robert M. Levy on 11/17/2022. (Levy, Robert)

Motion Hearing

Status Report Order

Letter Re Amicus Brief by Mobilization for Justice, Inc. (Saxl, Stephen) (Entered: 11/21/2022)

MEMORANDUM in Opposition re 24 Fully Briefed MOTION to Dismiss by Defendants, 28 Memorandum in Opposition, 37 Letter, 23 Letter MOTION for Leave to File Document filed by Mobilization for Justice, Inc.. (Saxl, Stephen) (Entered: 11/21/2022)

MEMORANDUM in Opposition re 24 Fully Briefed MOTION to Dismiss by Defendants, Order, AMICUS BRIEF OF MOBILIZATION FOR JUSTICE IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS THE COMPLAINT filed by Mobilization for Justice, Inc.. (Saxl, Stephen) (Entered: 11/22/2022)

ORDER: The Court is in receipt of Mobilization for Justice, Inc.'s motion for leave to file an amicus brief 23 . Should Mobilization for Justice, Inc. wish to file an amicus brief, it must do so by November 22, 2022. Ordered by Judge LaShann DeArcy Hall on 11/22/2022. (ML)

Order(Other)

Joint MOTION for Leave to File Document Response to Amicus Brief by Kathy Hochul, Sheila J. Poole. (Michael, Vivian) (Entered: 11/28/2022)

RESPONSE to Motion re 40 Joint MOTION for Leave to File Document Response to Amicus Brief filed by Mobilization for Justice, Inc.. (Saxl, Stephen) (Entered: 11/29/2022)

ORDER: Defendants' request 40 to respond to Mobilization for Justice, Inc.'s amicus brief is GRANTED. As an aside, amicus curiae was granted permission to file an amicus brief in this case. Amicus curiae are nonetheless not parties to this action and therefore are not entitled to weigh in on a request made by the parties. Ordered by Judge LaShann DeArcy Hall on 12/1/2022. (EW)

Order on Motion for Leave to File

REPLY in Opposition re 39 Memorandum in Opposition, Response to Amicus Brief filed by Kathy Hochul, Sheila J. Poole. (Baker, Patrick) (Entered: 12/07/2022)

NOTICE of Appearance by Hayden Adam Coleman on behalf of B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W. (aty to be noticed) (Coleman, Hayden) (Entered: 12/08/2022)

MOTION to Withdraw as Attorney by B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W.. (Attachments: # 1 Proposed Order withdrawing attorney Linda C. Goldstein.) (Goldstein, Linda) (Entered: 12/29/2022)

1 Proposed Order withdrawing attorney Linda C. Goldstein.

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ORDER granting 44 Motion to Withdraw as Attorney. Attorney Linda C. Goldstein terminated. Ordered by Magistrate Judge Robert M. Levy on 12/30/2022. (JM)

Order on Motion to Withdraw as Attorney

STATUS REPORT by B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W. (Coleman, Hayden) (Entered: 01/17/2023)

STATUS REPORT and Renewal of Defs. Motion for Stay of Discovery Pending Resolution of Motion to Dismiss by Kathy Hochul, Sheila J. Poole (Michael, Vivian) (Entered: 01/17/2023)

ORDER terminating 35 : See 11/17/22 Minute Entry. Motion 35 resolved at 11/17/22 conference. Ordered by Magistrate Judge Robert M. Levy on 1/20/2023. (JM)

Order on Motion to Stay

ORDER granting 45 60-Day stay of discovery, with leave to renew. Next status report due 3/17/23. Ordered by Magistrate Judge Robert M. Levy on 1/23/2023. (JM)

Order(Other)

STATUS REPORT and Renewal of Defs. Motion for Stay of Discovery Pending Resolution of Motion to Dismiss by Kathy Hochul, Sheila J. Poole (Baker, Patrick) (Entered: 03/17/2023)

STATUS REPORT Update and Renewed Objection to Defendants' Motion to Stay Discovery by B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W. (Coleman, Hayden) (Entered: 03/17/2023)

Order on Motion to Dismiss AND Order on Motion for Leave to Electronically File Document under Seal

ORDER: Defendants Kathy Hochul, Sheila Poole and the City of New York's motion 24 to dismiss Plaintiffs' complaint for lack of subject matter jurisdiction is GRANTED. Memorandum and Order to follow. Defendants' motion 32 to seal exhibits one through eleven is GRANTED. Ordered by Judge LaShann DeArcy Hall on 3/31/2023. (CG)

MEMORANDUM AND ORDER: For the reasons set forth in the attached memorandum and order, Defendants' motion to dismiss Plaintiffs' complaint 24 is GRANTED. Ordered by Judge LaShann DeArcy Hall on 9/12/2023. (CG) (Entered: 09/12/2023)

JUDGMENT: ORDERED and ADJUDGED that Defendants' motion to dismiss is granted for lack of subject matter jurisdiction pursuant to Rule 12(b)(1); and that the complaint is dismissed in its entirety. Signed by Brenna B. Mahoney, Clerk of Court by Jalitza Poveda, Deputy Clerk on 9/14/2023. (ML) (Entered: 09/14/2023)

NOTICE OF APPEAL as to 50 Clerk's Judgment, by B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W.. Filing fee $ 505, receipt number ANYEDC-17184512. (Coleman, Hayden) (Entered: 10/16/2023)

Electronic Index to Record on Appeal

Electronic Index to Record on Appeal sent to US Court of Appeals. 51 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (VJ)

Withdraw as Attorney

Order on Motion to Withdraw as Attorney

Withdraw as Attorney

Order on Motion to Withdraw as Attorney

Notice of Appearance