Case: Dr. A v. Hochul

Dr. A. v. Hochul

Dr. A. v. Hochul

Dr. A. v. Hochul

Dr. A. v. Hochul

Dr. A. v. Hochul

We the Patriots USA, INC., v. Hochul

U.S. Court of Appeals for the Second Circuit

We the Patriots USA, Inc. v. Hochul

U.S. Court of Appeals for the Second Circuit

Dr. A. v. Hochul

U.S. Court of Appeals for the Second Circuit

Dr. A. v. Hochul

Supreme Court of the United States

COMPLAINT against Kathy Hochul, Letitia James and Howard A. Zucker (Filing fee $402 receipt number ANYNDC-5645223) filed by Nurse N., Therapist I., Physician Liaison X., Nurse A., Dr. A, Nurse S., Dr. P., Dr. G., Dr. C., Nurse J., Dr. O., Dr. S., Technologist P., Dr. J., Nurse D., Dr. M. and Dr. F. (Attachments: # 1 Civil Cover Sheet, # 2 Declaration of Michael McHale, Esq.)(pjh, ) (Entered: 09/13/2021)

1 Civil Cover Sheet

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2 Declaration of Michael McHale, Esq.

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Summons Issued as to Kathy Hochul. (Attachments: # 1 Summons Issued as to Howard A. Zucker, # 2 Summons Issued as to Letitia James)(pjh, ) (Entered: 09/13/2021)

1 Summons Issued as to Howard A. Zucker

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2 Summons Issued as to Letitia James

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G.O. 25 FILING ORDER ISSUED: Initial Telephone Conference set for 12/15/2021 at 10:00 AM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/8/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh, ) (Entered: 09/13/2021)

NOTICE of Admission Requirement: Attorney Peter Breen, Email address is pbreen@thomasmoresociety.org. Phone number is (312) 782-1680. Attorney Stephen M. Crampton, Email address is scrampton@thomasmoresociety.org Phone number is 662-255-9438. Admissions due by 9/27/2021. {Notice served on attorneys via email and regular mail}(pjh, ) (Entered: 09/13/2021)

Emergency MOTION for Temporary Restraining Order Dr. A., et al. v. Governor Hochul, et al. by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Technologist P., Therapist I.. (Attachments: # 1 Memorandum of Law, # 2 Proposed Order/Judgment)(McHale, Michael) (Entered: 09/13/2021)

1 Memorandum of Law

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2 Proposed Order/Judgment

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NOTICE by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Technologist P., Therapist I. Dr. A., et al. v. Governor Hochul, et al. (McHale, Michael) (Entered: 09/13/2021)

ORDER granting 5 Motion for TRO re 5 Emergency MOTION for Temporary Restraining Order Dr. A., et al. v. Governor Hochul, et al.. Plaintiffs shall serve defendants with (1) this Order; (2) the operative complaint and supporting exhibits; and (3) the motion for a temporary restraining order and preliminary injunction no later than Thursday, September 16, 2021 at 12:00 p.m.; Defendants are to advise the Court if they oppose plaintiffs request for a preliminary injunction pending an expedited resolution of the merits of the main issue for a permanent injunction; If yes, defendants shall file and serve all submissions in opposition to the plaintiffs motion for a preliminary injunction before Wednesday, September 22, 2021 at 5:00 p.m.; No reply is permitted; Defendants shall further advise the Court if they oppose plaintiffs request to proceed pseudonymously; If yes, defendants shall file and serve all submissions in opposition to the plaintiffs request to proceed pseudonymously before Wednesday, September 22, 2021 at 5:00 p.m.; No reply is permitted; and If yes, defendants shall SHOW CAUSE at an in-person oral argument to be held at 10:00 a.m. on Tuesday, September 28, 2021 at the United States Courthouse in Utica, New York why the TRO should not be converted to a preliminary injunction in accordance with Rule 65 of the Federal Rules of Civil Procedure. Signed by Judge David N. Hurd on 9/14/2021. (see) (Entered: 09/14/2021)

NOTICE of Appearance by Ryan W. Hickey on behalf of Kathy Hochul, Letitia James, Howard A. Zucker (Hickey, Ryan) (Entered: 09/16/2021)

AFFIDAVIT of Service for Summons, Verified Complaint, Filing Order/General Order #25, Order of the Honorable David N. Hurd, U.S.D.J., dated Sept. 14, 2021; Motion for a Temporary Restraining Order and Preliminary Injunction, With Leave to Proceed Under Pseudonyms, and the supporting Memorandum of Law and Proposed Order to Show Cause; Unsworn Declaration of Michael G. McHale, Esq. pursuant to 28 U.S.C. Sect. 1746; and Mr. McHale's Unsworn Declaration pursuant to Local Rule 7.1(a)(2) and Federal Rule of Civil Procedure 65 served on Co-defendant Kathy Hochul on September 15, 2021, filed by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A.. (Ferrara, Christopher) (Entered: 09/16/2021)

AFFIDAVIT of Service for Summons, Verified Complaint, Filing Order/General Order #25, Order of the Honorable David N. Hurd, U.S.D.J., dated Sept. 14, 2021; Motion for a Temporary Restraining Order and Preliminary Injunction, With Leave to Proceed Under Pseudonyms, and the supporting Memorandum of Law and Proposed Order to Show Cause; Unsworn Declaration of Michael G. McHale, Esq. pursuant to 28 U.S.C. Sect. 1746; and Mr. McHale's Unsworn Declaration pursuant to Local Rule 7.1(a)(2) and Federal Rule of Civil Procedure 65 served on Co-defendant Howard A. Zucker on September 15, 2021, filed by Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Technologist P., Therapist I.. (Ferrara, Christopher) (Entered: 09/16/2021)

AFFIDAVIT of Service for Summons, Verified Complaint, Filing Order/General Order #25, Order of the Honorable David N. Hurd, U.S.D.J., dated Sept. 14, 2021; Motion for a Temporary Restraining Order and Preliminary Injunction, With Leave to Proceed Under Pseudonyms, and the supporting Memorandum of Law and Proposed Order to Show Cause; Unsworn Declaration of Michael G. McHale, Esq. pursuant to 28 U.S.C. Sect. 1746; and Mr. McHale's Unsworn Declaration pursuant to Local Rule 7.1(a)(2) and Federal Rule of Civil Procedure 65 served on Co-defendant Letitia James on September 15, 2021, filed by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A.. (Ferrara, Christopher) (Entered: 09/16/2021)

NOTICE of Appearance by Kasey K. Hildonen on behalf of All Defendants (Hildonen, Kasey) (Entered: 09/17/2021)

Letter Motion from Ryan Hickey for Kathy Hochul, Letitia James, Howard A. Zucker requesting that the oral argument on Plaintiffs' motion for a preliminary injunction be rescheduled to September 24, 2021 submitted to Judge Hurd . (Hickey, Ryan) (Entered: 09/17/2021)

RESPONSE in Opposition re 13 Letter Motion from Ryan Hickey for Kathy Hochul, Letitia James, Howard A. Zucker requesting that the oral argument on Plaintiffs' motion for a preliminary injunction be rescheduled to September 24, 2021 submitted to Judge Hurd, 5 Emergency MOTION for Temporary Restraining Order Dr. A., et al. v. Governor Hochul, et al. Letter in Opposition to Defendants' Motion to advance oral argument date filed by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Technologist P., Therapist I.. (Attachments: # 1 Exhibit(s))(Ferrara, Christopher) (Entered: 09/17/2021)

1 Exhibit(s)

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ORDER CANCELLING ARGUMENT ON TRO, TAKING MOTION ON SUBMITTED PAPERS ONLY, EXTENDING TRO UNTIL OCTOBER 12, 2021 AS TO 5 Emergency MOTION for Temporary Restraining Order : IT IS SO ORDERED that, 1. The in-person oral argument scheduled for 10:00 a.m. on Tuesday, September 28, 2021 is CANCELLED; 2. Plaintiffs' pending request to convert the TRO to a preliminary injunction will be heard on the submission of the papers with no appearances required or allowed; 3. Defendants' opposition remains due on or before Wednesday, September 22, 2021 at 5:00 p.m.; 4. Because of the likelihood of irreparable harm to plaintiffs and in light of the fact that the practical effect of the TRO will not begin to restrain the enforcement of the disputed regulation until September 27, 2021, the Court finds that good cause exists to extend the TRO a further fourteen days to October 12, 2021; and 5. A written decision on plaintiffs' request for a preliminary injunction will be issued on or before October 12, 2021. Signed by Judge David N. Hurd on 9/20/2021. (ptm) (Entered: 09/20/2021)

RESPONSE in Opposition re 5 Emergency MOTION for Temporary Restraining Order Dr. A., et al. v. Governor Hochul, et al. Defendants' Opposition to Plaintiffs' Motion for a Preliminary Injunction filed by Kathy Hochul, Letitia James, Howard A. Zucker. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L, # 13 Exhibit(s) M, # 14 Exhibit(s) N, # 15 Exhibit(s) O, # 16 Exhibit(s) P, # 17 Exhibit(s) Q, # 18 Exhibit(s) R, # 19 Exhibit(s) S, # 20 Exhibit(s) T, # 21 Exhibit(s) U, # 22 Exhibit(s) V, # 23 Exhibit(s) W, # 24 Exhibit(s) X, # 25 Exhibit(s) Y, # 26 Exhibit(s) Z, # 27 Exhibit(s) AA, # 28 Exhibit(s) BB, # 29 Exhibit(s) CC, # 30 Exhibit(s) DD, # 31 Exhibit(s) EE, # 32 Exhibit(s) FF, # 33 Exhibit(s) GG, # 34 Exhibit(s) HH, # 35 Exhibit(s) II, # 36 Exhibit(s) JJ, # 37 Exhibit(s) KK, # 38 Exhibit(s) LL, # 39 Exhibit(s) MM, # 40 Exhibit(s) NN, # 41 Exhibit(s) OO, # 42 Exhibit(s) PP, # 43 Exhibit(s) QQ, # 44 Exhibit(s) RR, # 45 Exhibit(s) SS, # 46 Exhibit(s) TT, # 47 Exhibit(s) UU, # 48 Exhibit(s) VV, # 49 Exhibit(s) WW, # 50 Memorandum of Law in Opposition to Plaintiffs' Motion for a Preliminary Injunction)(Hickey, Ryan) (Entered: 09/22/2021)

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MOTION for Limited Admission Pro Hac Vice of Stephen M. Crampton Filing fee $100, receipt number ANYNDC-5659093. (Attachments: # 1 Declaration, # 2 Exhibit(s), # 3 Exhibit(s)) Motions referred to Miroslav Lovric. (McHale, Michael) (Entered: 09/24/2021)

1 Declaration

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2 Exhibit(s)

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3 Exhibit(s)

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Notice of Attorney Admission Filing Deficiency

Notice of Attorney Admission Filing Deficiency re: 17 Motion for Limited Admission Pro Hac Vice of Stephen M. Crampton. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a Certificate of Good Standing that has been issued by a Court and a completed Petition for Admission to Practice form published by the Court 12/2019. The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, )

MOTION for Limited Admission Pro Hac Vice of Peter Breen Filing fee $100, receipt number ANYNDC-5663520. (Attachments: # 1 Exhibit(s)) Motions referred to Miroslav Lovric. (McHale, Michael) (Entered: 09/28/2021)

Notice of Attorney Admission Filing Deficiency re: 18 Motion for Limited Admission Pro Hac Vice of Peter C. Breen. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a Certificate of Good Standing that has been issued by a Court; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, )

Notice of Attorney Admission Filing Deficiency

**STRICKEN pursuant to the 21 Text Order** NOTICE by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Technologist P., Therapist I. re 6 Notice (Other), Notice of Supplemental Authority (Attachments: # 1 Exhibit(s) Decision in Dahl v. Western Michigan U.)(Ferrara, Christopher) Modified on 10/12/2021, STRICKEN. (see). (Entered: 10/07/2021)

**STRICKEN pursuant to the 21 Text Order** LETTER BRIEF in response to Plaintiffs' October 7, 2021 Notice of Supplemental Authority [ECF No. 19] by Kathy Hochul, Letitia James, Howard A. Zucker. (Attachments: # 1 Exhibit(s) Order in Dahl, et al. v. Board of Trustees of Western Michigan University, et al., # 2 Exhibit(s) Order in Dr. T., et al. v. Alexander-Scott, et al.)(Hickey, Ryan) Modified on 10/12/2021, stricken. (see). (Entered: 10/08/2021)

1 Exhibit(s) Order in Dahl, et al. v. Board of Trustees of Western Michigan Univer

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2 Exhibit(s) Order in Dr. T., et al. v. Alexander-Scott, et al.

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TEXT ORDER TO STRIKE the 19 Notice of Supplemental Authority and 20 LETTER BRIEF in response. Pursuant to the verbal Order of Judge David N. Hurd on 10/12/2021. (see) (Entered: 10/12/2021)

***VACATED*** MEMORANDUM-DECISION & ORDER: that Plaintiffs' motion to proceed pseudonymously is GRANTED; Plaintiffs' motion for a preliminary injunction is GRANTED. Signed by Judge David N. Hurd on 10/12/2021. (see) Modified per USCA Order on 11/1/2021 (ptm). (Entered: 10/12/2021)

Order to Strike

NOTICE OF APPEAL as to 22 Order on Letter Request by Kathy Hochul, Letitia James, Howard A. Zucker. No fee paid. (Hickey, Ryan) (Entered: 10/13/2021)

ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re 23 Notice of Appeal (mgh) (Entered: 10/14/2021)

USCA Appeal Fees received $ 505 receipt number ALB012221 re 23 Notice of Appeal filed by Kathy Hochul, Letitia James, Howard A. Zucker. (mgh)

USCA Appeal Fees

ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re 23 Notice of Appeal. (mgh) (Entered: 10/18/2021)

ORDER of USCA certified copy issued on 10/29/2021 as to 23 Notice of Appeal. Upon due consideration, it is hereby ORDERED, ADJUDGED, and DECREED that the district court's order is VACATED and the case is REMANDED for further proceedings consistent with this Order and the forthcoming opinion of this Court. The mandate shall issue forthwith for the limited purpose of vacating the injunction issued by the District Court for the Northern District of New York. An opinion will follow expeditiously.(mgh) (Entered: 11/01/2021)

ORDER of USCA with OPINION certified copy issued on 11/4/2021 as to 23 Notice of Appeal. The order of the U.S. District Court for the Northern District of New York is REVERSED, and the preliminary injunction entered by that court is VACATED. These tandem cases are REMANDED to their respective district courts for further proceedings consistent with the Order entered by this Court on October 29, 2021, and this Opinion. (mgh) (Entered: 11/05/2021)

ORDER VACATING PRELIMINARY INJUNCTION: On August 26, 2021, the New York State Department of Health adopted an emergency regulation that required most healthcare workers to be vaccinated against COVID-19 within thirty days. N.Y. COMP. CODES R. & REGS. tit. 10, § 2.61(c) (2021). As relevant here, § 2.61 eliminated a religious exemption included in the first iteration of the mandate. On September 13, 2021, seventeen healthcare workers employed in New York State ("plaintiffs"), all of whom object to the existing COVID-19 vaccines on religious grounds, filed this official-capacity 42 U.S.C. § 1983 action against New York State Governor Kathy Hochul ("Hochul"), New York State Health Commissioner Howard A. Zucker ("Zucker"), and New York State Attorney General Letitia James ("James"). Plaintiffs' three-count verified complaint alleges that§ 2.61 violates their constitutional rights because it effectively forbids employers from considering workplace religious accommodations under processes guaranteed by federal law. Plaintiffs sought to enjoin defendants from, inter alia, enforcing § 2.61 ''to the extent it categorically requires health care employers to deny or revoke religious exemptions from COVID-19 vaccination mandates." On September 14, 2021, the Court issued a temporary order restraining defendants from enforcing § 2.61 to the extent it categorically required health care employers to deny or revoke a religious exemption from COVID-19 vaccination. Dr. A. v. Hochul, 2021 WL 4189533 (N.D.N.Y) (emphasis added). After additional briefing, the temporary restraining order was converted to a preliminary injunction on October 12, 2021. 1 Dr. A. v. Hochul, --F. Supp. 3d--, 2021 WL 4734404 (N.D.N.Y.). Defendants appealed. On November 1, 2021, a panel of the U.S. Court of Appeals for the Second Circuit ordered the preliminary injunction vacated. Dkt. No. 26 . As relevant here, the panel opinion concluded that plaintiffs had failed to establish§ 2.61 was not a neutral law of general applicability and therefore subjected it to only rational basis review. Dkt. No. 27 at 35. Relying on Jacobson v. Massachusetts, 197 U.S. 11 (1905) and Phillips v. City of N. Y., 775 F.3d 538 (2d Cir. 2015) (per curiam), the panel held that § 2.61 "was a reasonable exercise of the State's power to enact rules to protect the public health." Dkt. No. 27 at 35. The panel opinion went on to conclude that plaintiffs had also failed to establish that § 2.61 conflicts with Title VII or federal law because it "does not prevent employees from seeking a religious accommodation allowing them to continue working consistent with the Rule. while avoiding the vaccination requirement." Dkt. No. 27 at 38 (emphasis added). Therefore, plaintiffs no longer need the preliminary injunction. A certified copy of the Second Circuit's order issued on November 4, 2021. Dkt. No. 27 . Therefore, it is ORDERED that The preliminary injunction entered in favor of plaintiffs on October 12, 2021 is VACATED. Signed by Judge David N. Hurd on 11/5/2021. (ptm) (Entered: 11/05/2021)

MOTION for Limited Admission Pro Hac Vice of Stephen M. Crampton Filing fee $100, receipt number ANYNDC-5706122. (Attachments: # 1 Declaration, # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s)) Motions referred to Miroslav Lovric. (McHale, Michael) (Entered: 11/05/2021)

1 Declaration

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ORDER granting 29 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 11/9/2021. (jdp) (Entered: 11/09/2021)

Order on Motion for Limited Admission Pro Hac Vice

ORDER of USCA certified copy issued on 11/12/2021 as to 23 Notice of Appeal. The preliminary injunction entered by the district court in Dr. A. v. Hochul on October 12, 2021, has been vacated. See We The Patriots USA, Inc. v. Hochul, No. 21-2179, and Dr. A. v. Hochul, No. 21-2566, 2021 WL 5103443, at *1 (2d Cir. Oct. 29, 2021). New York States emergency rule requiring that healthcare facilities "continuously require" that certain medically eligible employees-those covered by the Rules definition of personnel-are vaccinated against COVID-19, is currently in effect. 10 N.Y.C.R.R. ยง 2.61. We caution further that our opinion addressed only the likelihood of success on the merits of Plaintiffs claims; it did not provide our courts definitive determination of the merits of those claims. In the interest of judicial economy, we direct the Clerk of Court to refer any further proceedings in these two matters to this panel. (Entered: 11/15/2021)

NOTICE of Appearance by Stephen M. Crampton on behalf of Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Technologist P., Therapist I. (Crampton, Stephen) (Entered: 11/17/2021)

Letter Motion from Ryan Hickey for Kathy Hochul, Letitia James, Howard A. Zucker requesting adjournment of deadlines submitted to Judge Lovric . (Hickey, Ryan) (Entered: 12/13/2021)

TEXT ORDER: Letter Motion 33 is GRANTED in PART and DENIED in PART. The following deadlines and schedules are STAYED until 1/17/2022: (1) the deadline for Defendants to file a response to the complaint; (2) the Rule 16 Initial Telephone Conference scheduled for 12/15/2021 at 10:00 a.m., before Magistrate Judge Miroslav Lovric; and (3) the deadlines to file the Civil Case Management Plan and exchange Mandatory Disclosures. The parties are directed to file by 1/17/2022 detailed status reports advising the Court as to the status of any appeals and set forth good cause for why the Court should continue to stay any deadlines and schedules any further. The Court will thereafter determine whether to continue any stays of deadlines or whether to re-set dates for the respective deadlines. SO ORDERED by Magistrate Judge Miroslav Lovric on 12/13/2021. (jdp ) (Entered: 12/13/2021)

NOTICE by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Technologist P., Therapist I. re 34 Order on Letter Request,,, re Supreme Court decision just issued (Ferrara, Christopher) (Entered: 12/13/2021)

Order on Letter Request

STATUS REPORT by Kathy Hochul, Letitia James, Howard A. Zucker. (Hickey, Ryan) (Entered: 01/18/2022)

STATUS REPORT by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Technologist P., Therapist I.. (McHale, Michael) (Entered: 01/18/2022)

MANDATE of USCA issued on 1/18/2022 as to 23 Notice of Appeal. IT IS HEREBY ORDERED, ADJUDGED and DECREED that order of the district court is REVERSED, the preliminary injunction entered by the district court is VACATED, and the case is REMANDED for further proceedings consistent with the Order entered by this Court on October 29, 2021 and the Courts Opinion issued on November 4, 2021. (mgh) (Entered: 01/18/2022)

TEXT ORDER: In light of the filing of Status Reports [36, 37] and Mandate 38, an on the record status conference is scheduled for 1/31/2022 at 1:00 p.m., via telephone conference, before Magistrate Judge Miroslav Lovric. The parties shall be prepared to discuss: (1) scheduling of the deadline for Defendants to file a response/motion to the complaint; and (2) scheduling of the Rule 16 Initial Conference, filing the Civil Case Management Plan, and exchange of Mandatory Disclosures. SO ORDERED by Magistrate Judge Miroslav Lovric on 1/21/2022.(jdp ) (Entered: 01/21/2022)

~Util - Set Hearings AND Order

USCA Case Number 21-2566 for 23 Notice of Appeal filed by Kathy Hochul, Letitia James, Howard A. Zucker. (jel, )

AMENDED COMPLAINT against All Defendants filed by Nurse N., Therapist I., Physician Liaison X., Nurse A., Dr. A, Nurse S., Dr. P., Dr. G., Dr. C., Nurse J., Dr. O., Dr. S., Dr. J., Nurse D., Dr. M., Dr. F.. (Attachments: # 1 Declaration)(McHale, Michael) (Entered: 01/30/2022)

1 Declaration

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Emergency MOTION for Temporary Restraining Order by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Therapist I.. (Attachments: # 1 Memorandum of Law, # 2 Proposed Order/Judgment, # 3 Declaration)(McHale, Michael) (Entered: 01/30/2022)

1 Memorandum of Law

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2 Proposed Order/Judgment

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3 Declaration

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ORDER denying 17 Motion for Limited Admission Pro Hac Vice for failure to comply with deficiency notices.Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 1/31/2022. (jdp ) (Entered: 01/31/2022)

Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an on the record conference was held on 1/31/2022, via telephone conference. The Court and parties discussed the issues and topics as presented by Status Reports [36, 37], Mandate 38, filing of Amended Complaint 40, and filing of Emergency Motion TRO 41. Appearances: C. Ferraro, Esq., M. McHale, Esq., S. Crampton, Esq., for the Plaintiffs; R. Hickey, Esq., for the Defendants; R. Lynch, Court Reporter. (jdp )

ORDER denying 18 Motion for Limited Admission Pro Hac Vice for failut to comply with deficiency notices. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 1/31/2022. (jdp ) (Entered: 01/31/2022)

TEXT ORDER: Upon review, plaintiffs' #41 emergency motion for a temporary restraining order is DENIED. However, a response in opposition to plaintiffs' request for a preliminary injunction shall be filed on or before Friday, February 11, 2022. Any reply is due on or before Friday, February 18, 2022. If either party desires oral argument, that request shall be made to the Court in writing on or before Wednesday, February 16, 2022. If either party intends to introduce testimony, it must provide advance written notice on or before Wednesday, February 16, 2022. Any oral argument and/or evidentiary hearing will be held in person in Utica, New York at a date to be determined. So Ordered by Judge David N. Hurd on 1/31/2022. (see) (Entered: 01/31/2022)

Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an on the record conference was held on 1/31/2022, via telephone conference. The Court and parties discussed the issues and topics as presented by Status Reports [36, 37], Mandate 38, filing of Amended Complaint 40, and filing of Emergency Motion TRO 41 . Appearances: C. Ferraro, Esq., M. McHale, Esq., S. Crampton, Esq., for the Plaintiffs; R. Hickey, Esq., for the Defendants; R. Lynch, Court Reporter. (jdp )

Order on Motion for Limited Admission Pro Hac Vice

Order Setting Hearing on Motion

LETTER BRIEF by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Therapist I.. (McHale, Michael) (Entered: 02/01/2022)

TEXT ORDER: Pursuant to the on the record conference held on 1/31/2022: (1) Amended Complaint 40 is accepted for filing as of right pursuant to F.R.C.P. 15(a)(1) and is the operative pleading in this matter ( see, Doe #1 v. Syracuse Univ., 335 F.R.D. 356, 359 (N.D.N.Y. 2020) (Sannes, J.), "when a responsive pleading is required--there is no 'time gap' during which a party cannot amend as a matter of course when no responsive pleading or motion under 12(b), (e), or (f) has been filed."); (2) The following deadlines and schedules are STAYED and will be re-scheduled once the District Judge issues a decision as to the preliminary injunction motion [41, 44], (a) the deadline for Defendants to file a response to Amended Complaint 40, (b) the Rule 16 Initial Conference scheduled before Magistrate Judge Miroslav Lovric, and (c) the deadlines to file the Civil Case Management Plan and exchange Mandatory Disclosures. No later than 7 days following the filing of a decision as to the preliminary injunction motion [41, 44], the parties shall file status reports advising as to their respective positions as to the re-scheduling of all deadlines that have been stayed. SO ORDERED by Magistrate Judge Miroslav Lovric on 2/2/2022. (jdp ) (Entered: 02/02/2022)

1 - Terminate Deadlines and Hearings AND Order

RESPONSE in Opposition re 41 Emergency MOTION for Temporary Restraining Order filed by Mary T. Bassett, Kathy Hochul, Letitia James. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L, # 13 Exhibit(s) M, # 14 Exhibit(s) N, # 15 Exhibit(s) O, # 16 Exhibit(s) P, # 17 Exhibit(s) Q, # 18 Exhibit(s) R, # 19 Exhibit(s) S, # 20 Exhibit(s) T, # 21 Exhibit(s) U, # 22 Exhibit(s) V, # 23 Exhibit(s) W, # 24 Exhibit(s) X, # 25 Exhibit(s) Y, # 26 Exhibit(s) Z, # 27 Exhibit(s) AA, # 28 Exhibit(s) BB, # 29 Exhibit(s) CC, # 30 Exhibit(s) DD, # 31 Exhibit(s) EE, # 32 Exhibit(s) FF, # 33 Exhibit(s) GG, # 34 Exhibit(s) HH, # 35 Exhibit(s) II, # 36 Exhibit(s) JJ, # 37 Exhibit(s) KK, # 38 Exhibit(s) LL, # 39 Exhibit(s) MM, # 40 Exhibit(s) NN, # 41 Memorandum of Law in opposition to Plaintiffs' request for a preliminary injunction)(Hickey, Ryan) (Entered: 02/11/2022)

1 Exhibit(s) A

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2 Exhibit(s) B

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3 Exhibit(s) C

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4 Exhibit(s) D

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5 Exhibit(s) E

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6 Exhibit(s) F

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7 Exhibit(s) G

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8 Exhibit(s) H

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9 Exhibit(s) I

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10 Exhibit(s) J

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11 Exhibit(s) K

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12 Exhibit(s) L

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13 Exhibit(s) M

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14 Exhibit(s) N

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15 Exhibit(s) O

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16 Exhibit(s) P

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17 Exhibit(s) Q

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18 Exhibit(s) R

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19 Exhibit(s) S

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20 Exhibit(s) T

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21 Exhibit(s) U

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22 Exhibit(s) V

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23 Exhibit(s) W

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24 Exhibit(s) X

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25 Exhibit(s) Y

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26 Exhibit(s) Z

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27 Exhibit(s) AA

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28 Exhibit(s) BB

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29 Exhibit(s) CC

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30 Exhibit(s) DD

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31 Exhibit(s) EE

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32 Exhibit(s) FF

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33 Exhibit(s) GG

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34 Exhibit(s) HH

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35 Exhibit(s) II

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36 Exhibit(s) JJ

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37 Exhibit(s) KK

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38 Exhibit(s) LL

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39 Exhibit(s) MM

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40 Exhibit(s) NN

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41 Memorandum of Law in opposition to Plaintiffs' request for a preliminary in

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REPLY to Response to Motion re 41 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Therapist I.. (McHale, Michael) (Entered: 02/18/2022)

ORDER denying 41 Motion for TRO re 41 Emergency MOTION for Temporary Restraining Order . Plaintiffs have failed to establish that they are likely to succeed on the merits of their preemption claims because it is far from clear that the CMS Mandate conflicts with § 2.61. Plaintiffs have also failed to show irreparable harm in light of the Second Circuit's controlling guidance. In short, plaintiffs have not established that an employer cannot reasonably accommodate a religious objector in accordance with Title VII, the CMS Mandate, and § 2.61. Therefore, it is ORDERED that Plaintiffs' motion for a preliminary injunction is DENIED. Signed by Judge David N. Hurd on 2/23/2022. (mgh) (Entered: 02/23/2022)

STATUS REPORT by Mary T. Bassett, Kathy Hochul, Letitia James. (Hickey, Ryan) (Entered: 03/02/2022)

STATUS REPORT by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Therapist I.. (McHale, Michael) (Entered: 03/02/2022)

TEXT ORDER: The Court sets the following schedules in this matter: (1) Defendants are directed to respond to the Amended Complaint 40 by 4/1/2022; (2) the Rule 16 Initial Conference is scheduled for 4/21/2022 at 1:00 p.m., via telephone conference before Magistrate Judge Miroslav Lovric; (3) the Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties by 4/14/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court). SO ORDERED by Magistrate Judge Miroslav Lovric on 3/3/2022. (jdp) (Entered: 03/03/2022)

~Util - Set Deadlines/Hearings AND ~Util - Set/Reset Answer Deadlines AND Order

~Util - Set/Reset Answer Deadlines AND Order AND ~Util - Set Deadlines/Hearings

~Util - Set/Reset Answer Deadlines AND ~Util - Set Deadlines/Hearings AND Order

NOTICE OF APPEAL as to 49 Order on Motion for TRO,, and Preliminary Injunction by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Therapist I.. Filing fee $ 505, receipt number ANYNDC-5850555. (McHale, Michael) (Entered: 03/25/2022)

NOTICE OF APPEAL as to 49 Order on Motion for TRO,, and Preliminary Injunction by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Therapist I.. Filing fee $ 505, receipt number ANYNDC-5850555. (McHale, Michael) (Entered: 03/25/2022)

ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re 53 Notice of Appeal. (mgh) (Entered: 03/28/2022)

Letter Motion from Ryan Hickey for Mary T. Bassett, Kathy Hochul, Letitia James requesting an extension of defendants' deadline to file a response to the Amended Complaint to April 15, 2022 submitted to Judge Lovric . (Hickey, Ryan) (Entered: 03/30/2022)

TEXT ORDER: Letter Motion 55 is GRANTED insofar as and to the extent that Defendants are directed to respond to the Amended Complaint 40 by 4/15/2022. All the other deadlines and schedules as set forth in Text Order 52 remain in effect. SO ORDERED by Magistrate Judge Miroslav Lovric on 3/31/2022. (jdp ) (Entered: 03/31/2022)

Order on Letter Request

Letter Motion from Kasey K. Hildonen for Mary T. Bassett, Kathy Hochul, Letitia James requesting that Defendants deadline to file their response to the Amended Complaint be extended by two weeks, to April 29, 2022 submitted to Judge Miroslav Lovric . (Hildonen, Kasey) (Entered: 04/13/2022)

TEXT ORDER: Letter Motion 57 is GRANTED insofar as and to the extent that Defendants are directed to respond to the Amended Complaint 40 by 4/29/2022. The Rule 16 Initial Conference currently scheduled for 4/21/2022 is RE-SCHEDULED for 5/9/2022 at 11:00 a.m., via telephone conference, before Magistrate Judge Miroslav Lovric. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties by 5/2/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court). SO ORDERED by Magistrate Judge Miroslav Lovric on 4/14/2022. (jdp ) (Entered: 04/14/2022)

Order on Letter Request

MOTION to Dismiss for Failure to State a Claim filed by Mary T. Bassett, Kathy Hochul, Letitia James. Motion returnable before Judge Hurd Response to Motion due by 5/20/2022. Reply to Response to Motion due by 5/27/2022 (Attachments: # 1 Memorandum of Law) (Hickey, Ryan) (Entered: 04/29/2022)

1 Memorandum of Law

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Letter Motion from Ryan Hickey for Mary T. Bassett, Kathy Hochul, Letitia James requesting that the Rule 16 conference, and the deadlines to exchange initial disclosures and file a civil case management plan be adjourned pending a decision on Defendants' Motion to Dismiss submitted to Judge Lovric . (Hickey, Ryan) (Entered: 04/29/2022)

TEXT ORDER: Letter Motion 60 is GRANTED insofar as and to the extent that the Rule 16 Initial Conference currently scheduled for 5/9/2022 and the deadlines to file the Civil Case Management Plan and exchange Mandatory Disclosures are all STAYED without date. SO ORDERED by Magistrate Judge Miroslav Lovric on 5/2/2022. (Entered: 05/02/2022)

CLERK'S CORRECTION OF DOCKET ENTRY : Clerk inadverently filed the incorrect text order 61 in this case. Clerk has since fixed the the text order to reflect the letter motion at 60 . (jdp ) (Entered: 05/02/2022)

Order on Letter Request

Unopposed Letter Motion from Christopher A. Ferrara, plaintiffs' counsel for Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Technologist P., Therapist I. requesting Extension of deadline for Plaintiffs' Response to Defendants 12(b)(6) motion submitted to Judge Hurd . (Ferrara, Christopher) (Entered: 05/16/2022)

TEXT ORDER granting 63 Letter Request/Letter Motion, 63 from Christopher A. Ferrara, plaintiffs' counsel for Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Technologist P., T, 59 MOTION to Dismiss for Failure to State a Claim filed by Mary T. Bassett, Kathy Hochul, Letitia James. Motion returnable before Judge Hurd. Response to Motion now due by 6/3/2022 Reply to Response to Motion now due by 6/10/2022 SO ORDERED by Judge David N. Hurd on 05/17/2022. (hmr, ) (Entered: 05/17/2022)

Order on Letter Request

RESPONSE to Motion re 59 MOTION to Dismiss for Failure to State a Claim filed by Mary T. Bassett, Kathy Hochul, Letitia James. Motion returnable before Judge Hurd filed by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Therapist I.. (McHale, Michael) (Entered: 06/03/2022)

Letter Motion from Ryan Hickey for Mary T. Bassett, Kathy Hochul, Letitia James requesting an extension of defendants' deadline to file their reply in support of the motion to dismiss to June 24, 2022 submitted to Judge Lovric . (Hickey, Ryan) (Entered: 06/09/2022)

ORDER granting 66 Letter Motion from Ryan Hickey for Mary T. Bassett, Kathy Hochul, Letitia James requesting an extension of defendants' deadline to file their reply in support of the 59 motion to dismiss to June 24, 2022. Reply to Response to Motion due by 6/24/2022. Signed by Judge David N. Hurd on 6/10/2022. (mgh) (Entered: 06/10/2022)

REPLY to Response to Motion re 59 MOTION to Dismiss for Failure to State a Claim filed by Mary T. Bassett, Kathy Hochul, Letitia James. Motion returnable before Judge Hurd filed by Mary T. Bassett, Kathy Hochul, Letitia James. (Hickey, Ryan) (Entered: 06/24/2022)

STATUS REPORT regarding denial of Plaintiffs' petition for a writ of certiorari by Mary T. Bassett, Kathy Hochul, Letitia James. (Hickey, Ryan) (Entered: 06/30/2022)

STATUS REPORT re Plaintiffs' Claim for Permanent Injunctive Relief by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Therapist I.. (Ferrara, Christopher) (Entered: 08/29/2022)

STATUS REPORT attachment to status report of 8-29-22 by Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Therapist I.. (Ferrara, Christopher) (Entered: 08/29/2022)

ORDER STAYING CASE PENDING APPEAL: ORDERED that 1. The Clerk of the Court is directed to SUBSTITUTE defendant "James V. McDonald, Acting Commissioner of the New York State Department of Health, in his official capacity" in place of named defendant "Mary T. Bassett, Commissioner of the New York State Department of Health, in her official capacity"; 2. Defendants' motion to dismiss (Dkt. No. 59 ) is DENIED without prejudice to renew; and 3. This matter is STAYED pending the outcome of plaintiffs' appeal. IT IS SO ORDERED. Signed by Judge David N. Hurd on 2/9/2023. (ptm) (Entered: 02/09/2023)

ORDER of USCA Certified Copy Issued on 05/05/2023 as to 53 Notice of Appeal. The parties in the above-referenced case have filed a stipulation withdrawing this appeal without prejudice to reinstatement by September 8, 2023 pursuant to Local Rule 42.1.The stipulation is hereby "So-ordered." (mgh) (Entered: 05/08/2023)

Letter Motion from Christopher A. Ferrara, Counsel for Plaintiffs for Dr. A, Dr. C., Dr. F., Dr. G., Dr. J., Dr. M., Dr. O., Dr. P., Dr. S., Nurse A., Nurse D., Nurse J., Nurse N., Nurse S., Physician Liaison X., Technologist P., Therapist I. requesting Pre-Motion Conference submitted to Judge Lovric concerning motion to lift stay and seek final injunctive relief against Rule 2.61. (Attachments: # 1 Exhibit(s) Email to opposing counsel)(Ferrara, Christopher) (Entered: 05/22/2023)

1 Exhibit(s) Email to opposing counsel

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STATUS REPORT by Kathy Hochul, Letitia James, James V. McDonald. (Hickey, Ryan) (Entered: 05/31/2023)

STATUS REPORT Amended Status Report including attachment by Kathy Hochul, Letitia James, James V. McDonald. (Hickey, Ryan) (Entered: 05/31/2023)