Case: Sisters of Life v. Bassett

1:22-cv-07529 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 2, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This matter has to do with Assembly Bill A5499/Senate Bill S470 (the “Act”) in New York State, which passed in June 2022. The Act was one of six statutes billed as the “nation-leading legislative package to protect abortion and reproductive rights” by New York Governor Kathy Hochul. It authorized the state Commissioner of Health to conduct a study and issue a report examining the unmet health and resource needs facing pregnant women in New York. The Sisters of Life, a Roman Catholic order of re…

This matter has to do with Assembly Bill A5499/Senate Bill S470 (the “Act”) in New York State, which passed in June 2022. The Act was one of six statutes billed as the “nation-leading legislative package to protect abortion and reproductive rights” by New York Governor Kathy Hochul. It authorized the state Commissioner of Health to conduct a study and issue a report examining the unmet health and resource needs facing pregnant women in New York.

The Sisters of Life, a Roman Catholic order of religious sisters located in New York, New York, filed this lawsuit against the Commissioner of the New York State Department of Health on September 2, 2022. The Sisters of Life operate a crisis pregnancy center offering resources for pregnant women at their Visitation Mission in lower Manhattan. They claimed that the Act imposed intrusive and burdensome disclosure requirements, enforced by financial penalties, in violation of the First Amendment's Establishment Clause as well as the First Amendment rights to free speech, free exercise, assembly, and association in addition to the Fourth Amendment’s protection against unreasonable search and seizure. Sisters of Life requested that the Court declare the Act unconstitutional on its face and as it applied, and sought a permanent injunction prohibiting enforcement, as well as attorney’s fees and costs. 

On September 16, 2022, Sisters of Life filed a motion for a preliminary injunction that would enjoin enforcement of the Act during the litigation. 

On October 7, 2022, the parties filed a joint request to stay the litigation while they continued to discuss scheduling matters. The Court agreed to stay the litigation until January 10, 2023. On January 18, 2023 this stay was extended until April 17, 2023 after the parties jointly filed requesting an extension of the stay period. The New York State Department of Health advised that it was continuing to make progress on implementation of the statute and needed more time to determine the scope and timing of information requests under the statute. The parties agreed that in light of this, an extension of the stay period was the most efficient course of action for the parties and for the Court. 

On January 27, 2023 the case was reassigned to Judge Jennifer H. Rearden. The stay period was extended multiple times. 

On November 3, 2023 the parties submitted to the court a proposed Stipulation and Order of Settlement. On November 8, 2023 the order of settlement was stipulated and agreed to. The parties agreed, and Court approved, that all claims asserted by Plaintiff were to be dismissed, with prejudice and without payments, attorney's fees, costs, disbursements, or expenses, pursuant to Fed. R. Civ. P. 41(a). Each party agreed to bear their own attorney's fees and costs. Defendant agreed not to take any enforcement action of any kind against Plaintiff based on Plaintiff's nonresponse to or noncompliance with any survey, document request, or information request of any kind authorized by or issued by Defendant pursuant to the statute. Per the agreement, the court was to retain jurisdiction until the Defendant's authority to request data ended via the publication of he report. Judge Rearden directed that the case be closed. 

Summary Authors

Nina Leeds (2/20/2023)

Nina Leeds (1/19/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/64947639/parties/sisters-of-life-v-bassett/


Judge(s)
Attorney for Plaintiff

Chen, Daniel (New York)

Howard, Angela Wu (New York)

Ricketts, Rebekah Perry (New York)

Attorney for Defendant

Fang, Linda (New York)

Mirro, James (New York)

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Documents in the Clearinghouse

Document
1

1:22-cv-07529

Complaint

Sept. 2, 2022

Sept. 2, 2022

Complaint
28

1:22-cv-07529

Order Granting Application of Stay

Oct. 12, 2022

Oct. 12, 2022

Order/Opinion
30

1:22-cv-07529

Extension of Stay Granted

Sisters of Life v McDonald

Jan. 18, 2023

Jan. 18, 2023

Order/Opinion
51

1:22-cv-07529

Stipulation and Order of Settlement

Sisters of Life v. McDonald

Nov. 8, 2023

Nov. 8, 2023

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/64947639/sisters-of-life-v-bassett/

Last updated March 26, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Mary T Bassett. (Filing Fee $ 402.00, Receipt Number ANYSDC-26631274)Document filed by Sisters of Life..(Howard, Angela) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

Clearinghouse
2

CIVIL COVER SHEET filed..(Howard, Angela) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
3

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sisters of Life..(Howard, Angela) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
4

REQUEST FOR ISSUANCE OF SUMMONS as to Mary T. Bassett, re: 1 Complaint. Document filed by Sisters of Life..(Howard, Angela) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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..(vf)

Sept. 6, 2022

Sept. 6, 2022

PACER

Magistrate Judge Ona T. Wang 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. (vf)

Sept. 6, 2022

Sept. 6, 2022

PACER

Case Designated ECF. (vf)

Sept. 6, 2022

Sept. 6, 2022

PACER
5

ELECTRONIC SUMMONS ISSUED as to Mary T Bassett. (vf) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER

Case Opening Initial Assignment Notice

Sept. 6, 2022

Sept. 6, 2022

PACER
6

AFFIDAVIT OF SERVICE of Summons and Complaint. Mary T Bassett served on 9/8/2022, answer due 9/29/2022. Service was accepted by Crystal Potter. Document filed by Sisters of Life., SUMMONS RETURNED EXECUTED. Mary T Bassett served on 9/8/2022, answer due 9/29/2022. Service was accepted by Crystal Potter. Document filed by Sisters of Life..(Howard, Angela) (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

PACER
7

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mark L. Rienzi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26681804. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sisters of Life. (Attachments: # 1 Affidavit Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Supplement DC Bar Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Rienzi, Mark) Modified on 9/15/2022 (sgz). (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

PACER
8

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Daniel L. Chen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26682078. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sisters of Life. (Attachments: # 1 Affidavit Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Supplement CA Bar Certificate of Good Standing, # 3 Supplement DC Bar Certificate of Good Standing, # 4 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Chen, Daniel) Modified on 9/15/2022 (sgz). (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

PACER
9

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Rebekah P. Ricketts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26682160. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sisters of Life. (Attachments: # 1 Affidavit Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Supplement TX Bar Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Ricketts, Rebekah) Modified on 9/15/2022 (sgz). (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 7 MOTION for Mark L. Rienzi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26681804. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Affidavit Not Notarized; 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)

Sept. 15, 2022

Sept. 15, 2022

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 8 MOTION for Daniel L. Chen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26682078. 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 California 415-865-7000; Affidavit Not Notarized; 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)

Sept. 15, 2022

Sept. 15, 2022

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 9 MOTION for Rebekah P. Ricketts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26682160. 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 Texas 512-463-1312; Affidavit Not Notarized; 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)

Sept. 15, 2022

Sept. 15, 2022

PACER
10

ORDER: The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. Initial Conference set for 11/2/2022 at 04:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/15/2022) (tg) (Entered: 09/15/2022)

Sept. 15, 2022

Sept. 15, 2022

PACER
11

AMENDED MOTION for Mark L. Rienzi to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sisters of Life. (Attachments: # 1 Affidavit Declaration in support of motion to appear pro hac vice., # 2 Supplement DC Bar Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Rienzi, Mark) (Entered: 09/15/2022)

1 Affidavit Declaration in support of motion to appear pro hac vice.

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2 Supplement DC Bar Certificate of Good Standing

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3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice

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Sept. 15, 2022

Sept. 15, 2022

RECAP
12

AMENDED MOTION for Rebekah P. Ricketts to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sisters of Life. (Attachments: # 1 Affidavit Declaration in support of motion to appear pro hac vice., # 2 Supplement TX Bar Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Ricketts, Rebekah) (Entered: 09/15/2022)

Sept. 15, 2022

Sept. 15, 2022

PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

Sept. 15, 2022

Sept. 15, 2022

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 12 AMENDED MOTION for Rebekah P. Ricketts 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)

Sept. 16, 2022

Sept. 16, 2022

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 11 AMENDED MOTION for Mark L. Rienzi 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)

Sept. 16, 2022

Sept. 16, 2022

PACER
13

NOTICE OF APPEARANCE by Daniel Matthew Vitagliano on behalf of Sisters of Life..(Vitagliano, Daniel) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
14

MOTION for Preliminary Injunction Notice of Motion. Document filed by Sisters of Life..(Howard, Angela) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
15

MEMORANDUM OF LAW in Support re: 14 MOTION for Preliminary Injunction Notice of Motion. . Document filed by Sisters of Life..(Howard, Angela) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
16

DECLARATION of Mark L. Rienzi in Support re: 14 MOTION for Preliminary Injunction Notice of Motion.. Document filed by Sisters of Life. (Attachments: # 1 Exhibit Decl. of Mother Agnes Mary Donovan, # 2 Exhibit Cardinal O'Connor Article, # 3 Exhibit Catechism Sections 2270-2271, # 4 Exhibit Gov. Hochul Press Release, # 5 Exhibit NYS Assembly Sponsor Memo, # 6 Exhibit NYS Assembly Debate Transcript ('22), # 7 Exhibit NYS Assembly Debate Transcript ('20), # 8 Exhibit Signing Ceremony Transcript, # 9 Exhibit Signing Ceremony Video, # 10 Exhibit Plaintiff Letter 7.15.22, # 11 Exhibit Plaintiff Letter 8.23.22, # 12 Exhibit Defendant Letter 8.24.22, # 13 Exhibit Planned Parenthood Legislative Priorities).(Howard, Angela) (Entered: 09/16/2022)

1 Exhibit Decl. of Mother Agnes Mary Donovan

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2 Exhibit Cardinal O'Connor Article

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3 Exhibit Catechism Sections 2270-2271

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4 Exhibit Gov. Hochul Press Release

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5 Exhibit NYS Assembly Sponsor Memo

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6 Exhibit NYS Assembly Debate Transcript ('22)

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7 Exhibit NYS Assembly Debate Transcript ('20)

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8 Exhibit Signing Ceremony Transcript

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9 Exhibit Signing Ceremony Video

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10 Exhibit Plaintiff Letter 7.15.22

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11 Exhibit Plaintiff Letter 8.23.22

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12 Exhibit Defendant Letter 8.24.22

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13 Exhibit Planned Parenthood Legislative Priorities

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Sept. 16, 2022

Sept. 16, 2022

PACER
17

PROPOSED ORDER. Document filed by Sisters of Life. Related Document Number: 14 ..(Howard, Angela) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER

Notice Regarding Pro Hac Vice Motion

Sept. 16, 2022

Sept. 16, 2022

PACER

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 17 Proposed Order was reviewed and approved as to form. (km)

Sept. 19, 2022

Sept. 19, 2022

PACER

Notice to Court Regarding Proposed Order

Sept. 19, 2022

Sept. 19, 2022

PACER
18

ORDER: WHEREAS, on September 16, 2022, Plaintiff filed a motion for preliminary injunction. It is hereby ORDERED that Defendant shall file an opposition by October 7, 2022. It is further ORDERED that Plaintiff shall file a reply by October 19, 2022. It is further ORDERED that the parties shall comply with the Courts Individual Rules concerning motions, including limitations on the number of pages and exhibits. It is further ORDERED that a videoconference hearing will be held on November 3, 2022, at 2:30 P.M. A videoconference link will be sent to the parties in advance. Access to the hearing will be available on the following conference line: 888-363-4749, access code: 558-3333. Motion Hearing set for 11/3/2022 at 02:30 PM before Judge Lorna G. Schofield. Responses due by 10/7/2022 Replies due by 10/19/2022. (Signed by Judge Lorna G. Schofield on 9/20/2022) (mml) (Entered: 09/20/2022)

Sept. 20, 2022

Sept. 20, 2022

PACER
19

CERTIFICATE OF SERVICE of Court Orders served on MARY T. BASSETT on 09/20/2022. Service was made by Mail. Document filed by Sisters of Life..(Howard, Angela) (Entered: 09/20/2022)

Sept. 20, 2022

Sept. 20, 2022

PACER
20

NOTICE OF APPEARANCE by James Mirro on behalf of Mary T Bassett..(Mirro, James) (Entered: 09/23/2022)

Sept. 23, 2022

Sept. 23, 2022

PACER
21

CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Lorna G. Schofield from James Mirro dated September 27, 2022. Document filed by Mary T Bassett..(Mirro, James) (Entered: 09/27/2022)

Sept. 27, 2022

Sept. 27, 2022

PACER
22

ORDER granting 21 Letter Motion for Extension of Time to Answer re 21 CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Lorna G. Schofield from James Mirro dated September 27, 2022., 1 Complaint. Application GRANTED. The deadline for Defendant to answer or otherwise respond to the complaint is extended to October 13, 2022. Mary T Bassett answer due 10/13/2022. (Signed by Judge Lorna G. Schofield on 9/28/2022) (tg) (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

PACER
23

ORDER granting 11 Motion for Mark L. Rienzi to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) (Entered: 10/05/2022)

Oct. 5, 2022

Oct. 5, 2022

PACER
24

ORDER granting 12 Motion for Rebekah P. Ricketts to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) (Entered: 10/05/2022)

Oct. 5, 2022

Oct. 5, 2022

PACER
25

CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Preliminary Injunction Notice of Motion. addressed to Judge Lorna G. Schofield from James Mirro dated 10/5/2022. Document filed by Mary T Bassett..(Mirro, James) (Entered: 10/05/2022)

Oct. 5, 2022

Oct. 5, 2022

RECAP

Order on Motion to Appear Pro Hac Vice

Oct. 5, 2022

Oct. 5, 2022

PACER
26

ORDER granting 25 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Preliminary Injunction Notice of Motion addressed to Judge Lorna G. Schofield from James Mirro dated 10/5/2022. Application GRANTED. Defendant shall file the opposition by October 14, 2022. Plaintiff shall file the reply by October 26, 2022. The videoconference hearing is adjourned to November 17, 2022, at 2:30 P.M. A videoconference link will be sent to the parties in advance. Access to the hearing will be available on the following conference line: 888-363-4749, access code: 558-3333. Responses due by 10/14/2022 Replies due by 10/26/2022. (Signed by Judge Lorna G. Schofield on 10/6/2022) (mml) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER

Set/Reset Deadlines as to Motion Hearing set for 11/17/2022 at 02:30 PM before Judge Lorna G. Schofield. (mml)

Oct. 6, 2022

Oct. 6, 2022

PACER
27

CONSENT LETTER MOTION to Stay the litigation including all currently pending deadlines addressed to Judge Lorna G. Schofield from James Mirro dated 10/7/22. Document filed by Mary T Bassett..(Mirro, James) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
28

MEMO ENDORSEMENT granting 27 Letter Motion to Stay re: 27 CONSENT LETTER MOTION to Stay the litigation including all currently pending deadlines addressed to Judge Lorna G. Schofield from James Mirro dated 10/7/22., 14 MOTION for Preliminary Injunction Notice of Motion; denying without prejudice 14 Motion for Preliminary Injunction. Application GRANTED. The case is stayed until January 10, 2023. Plaintiff's motion for a preliminary injunction is denied without prejudice to renewal, and all conferences are canceled. By January 17, 2023, the parties shall file a joint status letter. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 14. (Signed by Judge Lorna G. Schofield on 10/12/2022) (rro) (Entered: 10/12/2022)

Oct. 12, 2022

Oct. 12, 2022

Clearinghouse

Set/Reset Deadlines: Answer deadline. (rro)

Oct. 12, 2022

Oct. 12, 2022

PACER
29

Stay

Jan. 17, 2023

Jan. 17, 2023

PACER
30

ORDER granting 29 JOINT LETTER MOTION to Stay (to extend stay) addressed to Judge Lorna G. Schofield from James Mirro dated 1/17/2023. Application GRANTED. The stay is extended until April 10, 2023. By April 17, 2023, the parties shall file a joint status letter. (Signed by Judge Lorna G. Schofield on 1/18/2023) (mml) (Entered: 01/18/2023)

Jan. 18, 2023

Jan. 18, 2023

Clearinghouse

NOTICE OF CASE REASSIGNMENT to Judge Jennifer H. Rearden. Judge Lorna G. Schofield is no longer assigned to the case. (nb)

Jan. 27, 2023

Jan. 27, 2023

PACER

Notice of Case Assignment/Reassignment

Jan. 27, 2023

Jan. 27, 2023

PACER
31

NOTICE of Substitution of Attorney. Old Attorney: James Mirro, New Attorney: Linda Fang, Address: New York State Office of the Attorney General, 28 Liberty Street, New York, NY, 10005, 212-416-8580. Document filed by Mary T Bassett..(Fang, Linda) (Entered: 03/24/2023)

March 24, 2023

March 24, 2023

RECAP
32

NOTICE OF APPEARANCE by Linda Fang on behalf of Mary T Bassett..(Fang, Linda) (Entered: 03/24/2023)

March 24, 2023

March 24, 2023

RECAP
33

JOINT LETTER MOTION to Stay addressed to Judge Jennifer H. Rearden from Linda Fang dated April 13, 2023. Document filed by Mary T Bassett..(Fang, Linda) (Entered: 04/13/2023)

April 13, 2023

April 13, 2023

RECAP
34

ORDER granting 33 Letter Motion to Stay re: 33 JOINT LETTER MOTION to Stay addressed to Judge Jennifer H. Rearden from Linda Fang dated April 13, 2023. The parties' joint request to extend the stay (ECF No. 33) is GRANTED. The stay is extended until July 13, 2023. By July 10, 2023, the parties shall file a joint status letter. If either party wishes to terminate the stay prior to July 13, 2023, that party shall file a letter-motion. SO ORDERED.. (Signed by Judge Jennifer H. Rearden on 4/18/2023) (kv) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

RECAP
35

JOINT LETTER MOTION to Stay action for an additional 45 days addressed to Judge Jennifer H. Rearden from Linda Fang dated July 10, 2023. Document filed by Mary T Bassett..(Fang, Linda) (Entered: 07/10/2023)

July 10, 2023

July 10, 2023

RECAP
36

ORDER granting 35 Letter Motion to Stay re: 35 JOINT LETTER MOTION to Stay action for an additional 45 days addressed to Judge Jennifer H. Rearden from Linda Fang dated July 10, 2023. The parties' joint request to extend the stay (ECF No. 35) is GRANTED. The stay is extended until August 28, 2023. By August 25, 2023 the parties shall file a joint status letter. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 7/12/2023) (ate) (Entered: 07/12/2023)

July 12, 2023

July 12, 2023

RECAP
37

MOTION for Daniel M. Vitagliano to Withdraw as Attorney . Document filed by Sisters of Life..(Vitagliano, Daniel) (Entered: 08/24/2023)

Aug. 24, 2023

Aug. 24, 2023

PACER
38

MEMO ENDORSEMENT on MOTION TO WITHDRAW AS COUNSEL: granting 37 Motion to Withdraw as Attorney. ENDORSEMENT: Application (ECF. No. 37) GRANTED. SO ORDERED. Attorney Daniel Matthew Vitagliano terminated. (Signed by Judge Jennifer H. Rearden on 8/25/2023) (ama) (Entered: 08/25/2023)

Aug. 25, 2023

Aug. 25, 2023

RECAP
39

JOINT LETTER MOTION to Stay action for an additional two weeks addressed to Judge Jennifer H. Rearden from Linda Fang dated August 25, 2023. Document filed by Mary T Bassett..(Fang, Linda) (Entered: 08/25/2023)

Aug. 25, 2023

Aug. 25, 2023

RECAP
40

ORDER On September 11, 2023, at 11:30 A.M., the parties shall appear for a status conference, via Microsoft Teams. The parties will receive log-in credentials via email. The public listen-only line may be accessed by dialing 646-453-4442 and entering Conference ID: 321 771 047#. (HEREBY ORDERED by Judge Jennifer H. Rearden) (Text Only Order) (kwi) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER

Order

Aug. 28, 2023

Aug. 28, 2023

PACER
41

ORDER: granting 39 Letter Motion to Stay re: 39 JOINT LETTER MOTION to Stay action for an additional two weeks. addressed to Judge Jennifer H. Rearden from Linda Fang dated August 25, 2023. Application GRANTED. The case shall remain stayed through September 11, 2023. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 8/28/2023) (ama) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

RECAP
42

SCHEDULING ORDER: On September 11, 2023, at 3:30 p.m., the parties shall appear for a teleconference. Counsel should join the conference by dialing 646-453-4442 and entering Conference ID: 321 771 047#. Members of the public may call the same number but are to keep their phones muted during the proceeding. SO ORDERED. Telephone Conference set for 9/11/2023 at 03:30 PM before Judge Jennifer H. Rearden. (Signed by Judge Jennifer H. Rearden on 9/11/2023) (ama) (Entered: 09/11/2023)

Sept. 11, 2023

Sept. 11, 2023

RECAP
43

JOINT LETTER MOTION to Stay action through September 17 addressed to Judge Jennifer H. Rearden from Linda Fang dated September 11, 2023. Document filed by Mary T Bassett..(Fang, Linda) (Entered: 09/11/2023)

Sept. 11, 2023

Sept. 11, 2023

RECAP

Minute Entry for proceedings held before Judge Jennifer H. Rearden: Status Conference held on 9/11/2023. By 9 p.m. on September 11, 2023, the parties shall file a joint letter updating the Court on the terms of any agreement to stay the action. The parties are directed to order the transcript and split the cost. (Court Reporter Kelly Surina) (kwi)

Sept. 11, 2023

Sept. 11, 2023

PACER

Minute Entry for proceedings held before Judge Jennifer H. Rearden: Status Conference held on 9/11/2023. Should the parties fail to reach agreement on the terms of a stay, the parties shall include in their 9 p.m. joint letter a proposed briefing schedule as to Plaintiff's anticipated motion for injunctive relief. The parties are directed to order the transcript and split the cost. (Court Reporter Kelly Surina) (kwi)

Sept. 11, 2023

Sept. 11, 2023

PACER
44

ORDER granting 43 Letter Motion to Stay re: 43 JOINT LETTER MOTION to Stay action through September 17 addressed to Judge Jennifer H. Rearden from Linda Fang dated September 11, 2023. Application GRANTED. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 9/12/2023) (ate) (Entered: 09/12/2023)

Sept. 12, 2023

Sept. 12, 2023

RECAP
45

JOINT LETTER MOTION to Continue Case for 30 days addressed to Judge Jennifer H. Rearden from Mark Rienzi dated September 15, 2023. Document filed by Sisters of Life..(Rienzi, Mark) (Entered: 09/15/2023)

Sept. 15, 2023

Sept. 15, 2023

PACER
46

ORDER: granting 45 Letter Motion to Continue. Application GRANTED. By October 16, 2023, the parties shall file a stipulation of dismissal or other appropriate proof of termination. Pursuant to the Court's Individual Rules and Practices in Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. See R. 6.A. If the parties wish for the Court to retain jurisdiction to enforce any settlement agreement, then they must file a stipulation of dismissal that includes the settlement agreement (which shall be set forth in the stipulation or filed as an exhibit thereto). SO ORDERED.. (Signed by Judge Jennifer H. Rearden on 9/18/2023) (ama) (Entered: 09/18/2023)

Sept. 18, 2023

Sept. 18, 2023

PACER

Status Conference

Sept. 21, 2023

Sept. 21, 2023

PACER
47

CONSENT LETTER MOTION for Extension of Time to submit stipulation of settlement addressed to Judge Jennifer H. Rearden from Linda Fang dated October 13, 2023. Document filed by Mary T Bassett..(Fang, Linda) (Entered: 10/13/2023)

Oct. 13, 2023

Oct. 13, 2023

RECAP
48

ORDER: The parties have not filed the contemplated stipulation of settlement and proposed order of dismissal. See ECF Nos. 45, 47. By November 6, 2023, the parties shall file a joint letter updating the Court on the status of their efforts to resolve this matter. SO ORDERED. (Status Letter due by 11/6/2023.) (Signed by Judge Jennifer H. Rearden on 10/31/2023) (kpk) (Entered: 11/01/2023)

Nov. 1, 2023

Nov. 1, 2023

RECAP
49

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT MOTION to Approve stipulation and proposed order of settlement . Document filed by Mary T Bassett. (Attachments: # 1 Exhibit A: fully executed stipulation and proposed order of settlement).(Fang, Linda) Modified on 11/3/2023 (kj). (Entered: 11/02/2023)

Nov. 2, 2023

Nov. 2, 2023

PACER

Notice to Attorney to Re-File Document - Event Type Error

Nov. 3, 2023

Nov. 3, 2023

PACER

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Linda Fang to RE-FILE Document 49 JOINT MOTION to Approve stipulation and proposed order of settlement .. Use the event type Other Documents found under the event list Letter. (kj)

Nov. 3, 2023

Nov. 3, 2023

PACER
50

JOINT LETTER addressed to Judge Jennifer H. Rearden from Linda Fang dated November 2, 2023 re: request to so-order stipulation and proposed order of settlement. Document filed by Mary T Bassett. (Attachments: # 1 Exhibit A: fully executed stipulation and proposed order of settlement).(Fang, Linda) (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

RECAP
51

STIPULATION AND ORDER OF SETTLEMENT NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and amongthe undersigned attorneys of record for the parties, that this action is settled, subject to the approvalof the Court, on the following terms and conditions: As of the date that this Stipulation and Order is executed by all parties and so-orderedby the Court ("Effective Date"), all claims asserted by Plaintiff in this action shall bedismissed, with prejudice and without payments, attorney's fees, costs, disbursements, orexpenses, pursuant to Fed. R. Civ. P. 41(a). Each party agrees to bear its own attorney's fees and costs. The Clerk of Court is directed to close this case. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer H. Rearden on 11/8/2023) (jca) (Entered: 11/08/2023)

Nov. 8, 2023

Nov. 8, 2023

PACER

Case Stay Lifted. (jca)

Nov. 8, 2023

Nov. 8, 2023

PACER

Case Details

State / Territory: New York

Case Type(s):

Reproductive Issues

Speech and Religious Freedom

Key Dates

Filing Date: Sept. 2, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Sisters of Life, a Roman Catholic order of religious sisters located in New York, New York.

Plaintiff Type(s):

Non-profit religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Commissioner of the New York State Department of Health, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Free Exercise Clause

Establishment Clause

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2023 - None

Issues

Reproductive rights:

Reproductive health care (including birth control, abortion, and others)

Abortion

General:

Records Disclosure