Case: T.C. v. New York State Department of Health

COMPLAINT against Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities. (Filing Fee $ 402.00, Receipt Number ANYSDC-26290677)Document filed by A.B., R.D., J.S., Disability Rights New York, A.H., M.L., J.D., T.C., H.L...(Abrams, David) (Entered: 06/16/2022)

CIVIL COVER SHEET filed..(Abrams, David) (Entered: 06/16/2022)

REQUEST FOR ISSUANCE OF SUMMONS as to New York State Department of Health, re: 1 Complaint,. Document filed by A.B., A.H., Disability Rights New York, H.L., J.D., J.S., M.L., R.D., T.C...(Abrams, David) (Entered: 06/16/2022)

REQUEST FOR ISSUANCE OF SUMMONS as to Mary Bassett, in her official capacity as Commissioner of the New York State Department of Health, re: 1 Complaint,. Document filed by A.B., A.H., Disability Rights New York, H.L., J.D., J.S., M.L., R.D., T.C...(Abrams, David) (Entered: 06/16/2022)

REQUEST FOR ISSUANCE OF SUMMONS as to New York State Office for People with Developmental Disabilities, re: 1 Complaint,. Document filed by A.B., A.H., Disability Rights New York, H.L., J.D., J.S., M.L., R.D., T.C...(Abrams, David) (Entered: 06/16/2022)

REQUEST FOR ISSUANCE OF SUMMONS as to Kerri Neifeld, in her official capacity as Commissioner of the New York State Office for People with Developmental Disabilities, re: 1 Complaint,. Document filed by A.B., A.H., Disability Rights New York, H.L., J.D., J.S., M.L., R.D., T.C...(Abrams, David) (Entered: 06/16/2022)

ELECTRONIC SUMMONS ISSUED as to Kerri Neifeld. (sj) (Entered: 06/17/2022)

NOTICE OF APPEARANCE by Benjamin Taylor on behalf of Disability Rights New York..(Taylor, Benjamin) (Entered: 06/17/2022)

NOTICE OF APPEARANCE by David Evan Ross on behalf of A.B., A.H., Disability Rights New York, H.L., J.D., J.S., M.L., R.D., T.C...(Ross, David) (Entered: 06/17/2022)

NOTICE OF APPEARANCE by Stephen Paul Thomasch on behalf of A.B., A.H., Disability Rights New York, H.L., J.D., J.S., M.L., R.D., T.C...(Thomasch, Stephen) (Entered: 06/17/2022)

NOTICE OF APPEARANCE by Andrew Breland on behalf of A.B., A.H., Disability Rights New York, H.L., J.D., J.S., M.L., R.D., T.C...(Breland, Andrew) (Entered: 06/17/2022)

ELECTRONIC SUMMONS ISSUED as to New York State Department of Health..(sj) (Entered: 06/17/2022)

ELECTRONIC SUMMONS ISSUED as to Mary Bassett..(sj) (Entered: 06/17/2022)

ELECTRONIC SUMMONS ISSUED as to New York State Office for People with Developmental Disabilities. (sj) (Entered: 06/17/2022)

Case Opening Initial Assignment Notice

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(sj)

Magistrate Judge Sarah L. Cave 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. (sj)

Case Designation

Case Designated ECF. (sj)

Case Designated ECF

NOTICE OF APPEARANCE by Julie Michaels Keegan on behalf of A.B., A.H., Disability Rights New York, H.L., J.D., J.S., M.L., R.D., T.C...(Keegan, Julie) (Entered: 06/20/2022)

NOTICE OF APPEARANCE by Alyssa Galea on behalf of A.B., A.H., Disability Rights New York, H.L., J.D., J.S., M.L., R.D., T.C...(Galea, Alyssa) (Entered: 06/21/2022)

MOTION for Sheila Ellen Shea to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by A.B., A.H., Disability Rights New York, H.L., J.D., J.S., M.L., R.D., T.C.. (Attachments: # 1 Affidavit in support of motion, # 2 Exhibit certificate of good standing, # 3 Text of Proposed Order proposed order).(Shea, Sheila) (Entered: 06/21/2022)

ORDER FOR ADMISSION PRO HAC VICE granting 17 Motion for Sheila E. Shea to Appear Pro Hac Vice. (Signed by Judge Mary Kay Vyskocil on 6/21/2022) (vfr) (Entered: 06/21/2022)

NOTICE OF APPEARANCE by Sadie Zea Ishee on behalf of A.B., A.H., H.L., J.D., J.S., M.L., R.D., T.C...(Ishee, Sadie) (Entered: 06/23/2022)

NOTICE OF APPEARANCE by Leonard Simmons on behalf of A.B., A.H., H.L., J.D., J.S., M.L., R.D., T.C...(Simmons, Leonard) (Entered: 06/23/2022)

NOTICE OF APPEARANCE by William James Paul Tronsor on behalf of A.B., A.H., Disability Rights New York, H.L., J.D., J.S., M.L., R.D., T.C...(Tronsor, William) (Entered: 06/24/2022)

NOTICE OF APPEARANCE by Benjamin Taylor on behalf of A.B., A.H., H.L., J.D., J.S., M.L., R.D., T.C...(Taylor, Benjamin) (Entered: 06/28/2022)

AFFIDAVIT OF SERVICE of Summons and Complaint,. Mary Bassett served on 6/22/2022, answer due 7/13/2022. Document filed by A.B.; R.D.; J.S.; Disability Rights New York; A.H.; M.L.; J.D.; T.C.; H.L...(Abrams, David) (Entered: 06/29/2022)

AFFIDAVIT OF SERVICE of Summons and Complaint,. Kerri Neifeld served on 6/22/2022, answer due 7/13/2022. Document filed by A.B.; R.D.; J.S.; Disability Rights New York; A.H.; M.L.; J.D.; T.C.; H.L...(Abrams, David) (Entered: 06/29/2022)

AFFIDAVIT OF SERVICE of Summons and Complaint,. New York State Department of Health served on 6/22/2022, answer due 7/13/2022. Service was accepted by Jasmine Hughes, Office Assistant. Document filed by A.B.; R.D.; J.S.; Disability Rights New York; A.H.; M.L.; J.D.; T.C.; H.L...(Abrams, David) (Entered: 06/29/2022)

AFFIDAVIT OF SERVICE of Summons and Complaint,. New York State Office for People with Developmental Disabilities served on 6/22/2022, answer due 7/13/2022. Service was accepted by Jasmine Hughes, Office Assistant. Document filed by A.B.; R.D.; J.S.; Disability Rights New York; A.H.; M.L.; J.D.; T.C.; H.L...(Abrams, David) (Entered: 06/29/2022)

NOTICE OF APPEARANCE by Erin Patricia Kandel on behalf of Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities..(Kandel, Erin) (Entered: 07/08/2022)

NOTICE OF APPEARANCE by Celina Dorothy Rogers on behalf of Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities..(Rogers, Celina) (Entered: 07/08/2022)

LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, addressed to Judge Mary Kay Vyskocil from Erin Kandel dated July 12, 2022. Document filed by Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities..(Kandel, Erin) (Entered: 07/12/2022)

LETTER MOTION for Conference Re; Plaintiffs' Proposed Motion To Proceed Anonymously addressed to Judge Mary Kay Vyskocil from David J. Abrams dated July 12, 2022. Document filed by A.B., A.H., Disability Rights New York, H.L., J.D., J.S., M.L., R.D., T.C...(Abrams, David) (Entered: 07/12/2022)

LETTER MOTION for Conference Defendants Request for Pre-Motion Conference addressed to Judge Mary Kay Vyskocil from Erin Kandel dated 8/12/2022. Document filed by Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities..(Kandel, Erin) (Entered: 08/12/2022)

LETTER RESPONSE to Motion addressed to Judge Mary Kay Vyskocil from David J. Abrams dated August 17, 2022 re: 31 LETTER MOTION for Conference Defendants Request for Pre-Motion Conference addressed to Judge Mary Kay Vyskocil from Erin Kandel dated 8/12/2022. . Document filed by A.B., A.H., Disability Rights New York, H.L., J.D., J.S., M.L., R.D., T.C...(Abrams, David) (Entered: 08/17/2022)

ORDER terminating 29 Letter Motion for Extension of Time to Answer. (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (Entered: 08/19/2022)

Order on Motion for Extension of Time to Answer

LETTER addressed to Judge Mary Kay Vyskocil from David J. Abrams dated September 30, 2022 re: Intent to File Amended Complaint. Document filed by A.B., A.H., Disability Rights New York, H.L., J.D., J.S., M.L., R.D., T.C...(Abrams, David) (Entered: 09/30/2022)

AMENDED COMPLAINT amending 1 Complaint, against Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities with JURY DEMAND.Document filed by A.B., R.D., J.S., Disability Rights New York, A.H., J.D., H.L., J.C.M., L.P.. Related document: 1 Complaint,..(Abrams, David) (Entered: 10/14/2022)

LETTER MOTION to Seal addressed to Judge Mary Kay Vyskocil from David J. Abrams dated October 20, 2022. Document filed by A.B., A.H., Disability Rights New York, H.L., J.C.M., J.D., J.S., L.P., R.D...(Abrams, David) (Entered: 10/20/2022)

MOTION for Preliminary Injunction . Document filed by A.B., A.H., Disability Rights New York, H.L., J.C.M., J.D., J.S., L.P., R.D...(Abrams, David) (Entered: 10/20/2022)

MEMORANDUM OF LAW in Support re: 37 MOTION for Preliminary Injunction . . Document filed by A.B., A.H., Disability Rights New York, H.L., J.C.M., J.D., J.S., L.P., R.D...(Abrams, David) (Entered: 10/20/2022)

DECLARATION of David J. Abrams in Support re: 37 MOTION for Preliminary Injunction .. Document filed by A.B., A.H., Disability Rights New York, H.L., J.C.M., J.D., J.S., L.P., R.D.. (Attachments: # 1 Exhibit A - E.H. Declaration as Next Friend to A.H. (redacted), # 2 Exhibit B - M.D. Declaration as Next Friend to R.D. (redacted), # 3 Exhibit C - D.D. Declaration as Next Friend to J.D. (redacted), # 4 Exhibit D - C.P. Declaration as Next Friend to L.P. (redacted), # 5 Exhibit E - J.C.M. Declaration (redacted), # 6 Exhibit F - H.L. Declaration (redacted), # 7 Exhibit G - A.B. Declaration (redacted), # 8 Exhibit H - J.S. Declaration (redacted), # 9 Exhibit I - September 30, 2022 Letter from Dr. Sonal Harneja, M.D. (redacted), # 10 Exhibit J - D'Urso Declaration with Exhibits, # 11 Exhibit K - April 28, 2022 FOIL Response, # 12 Exhibit L - August 30, 2022 FOIL Response, # 13 Exhibit M - 2015 OPWDD Certified Residential Opportunities Protocol).(Abrams, David) (Entered: 10/20/2022)

***SELECTED PARTIES***DECLARATION of David J. Abrams in Support re: 37 MOTION for Preliminary Injunction .. Document filed by A.B., R.D., L.P., J.S., Disability Rights New York, A.H., J.C.M., J.D., H.L., Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities. (Attachments: # 1 Exhibit A - E.H. Declaration as Next Friend to A.H., # 2 Exhibit B - M.D. Declaration as Next Friend to R.D., # 3 Exhibit C - D.D. Declaration as Next Friend to J.D., # 4 Exhibit D - C.P. Declaration as Next Friend to L.P., # 5 Exhibit E - J.C.M. Declaration, # 6 Exhibit F - H.L. Declaration, # 7 Exhibit G - A.B. Declaration, # 8 Exhibit H - J.S. Declaration, # 9 Exhibit I - September 30, 2022 Letter from Dr. Sonal Harneja, M.D., # 10 Exhibit J - D'Urso Declaration with Exhibits, # 11 Exhibit K - April 28, 2022 FOIL Response, # 12 Exhibit L - August 30, 2022 FOIL Response, # 13 Exhibit M - 2015 OPWDD Certified Residential Opportunities Protocol)Motion or Order to File Under Seal: 36 .(Abrams, David) (Entered: 10/20/2022)

LETTER MOTION for Extension of Time to File Response/Reply as to 37 MOTION for Preliminary Injunction . addressed to Judge Mary Kay Vyskocil from Erin Kandel dated 10/21/2022. Document filed by Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities..(Kandel, Erin) (Entered: 10/21/2022)

ORDER granting 30 Letter Motion for Conference re: 30 LETTER MOTION for Conference Re; Plaintiffs' Proposed Motion To Proceed Anonymously addressed to Judge Mary Kay Vyskocil from David J. Abrams dated July 12, 2022. Plaintiffs' unopposed motion to proceed anonymously is GRANTED for substantially the reasons set forth above. (Signed by Judge Mary Kay Vyskocil on 10/21/2022) (tg) (Entered: 10/21/2022)

ORDER denying 41 Letter Motion for Extension of Time to File Response/Reply re 41 LETTER MOTION for Extension of Time to File Response/Reply as to 37 MOTION for Preliminary Injunction . addressed to Judge Mary Kay Vyskocil from Erin Kandel dated 10/21/2022. This request for nearly a month to respond to a motion for a preliminary injunction is DENIED. Because Plaintiffs did not request expedited briefing--despite their position that Plaintiffs are suffering irreparable harm that requires emergency relief--briefing will proceed on the scheduled set forth in Local Rule 6.1(b). Any opposition is due November 3, 20202, and any reply is due November 10, 2022. The parties shall appear for a hearing on the motion on November 17, 2022 at 12:00 p.m. (Signed by Judge Mary Kay Vyskocil on 10/21/2022) (tg) (Entered: 10/21/2022)

Set Motion and R&R Deadlines/Hearings

Set/Reset Deadlines as to 37 MOTION for Preliminary Injunction .. Responses due by 11/3/2022 Replies due by 11/10/2022. Motion Hearing set for 11/17/2022 at 12:00 PM before Judge Mary Kay Vyskocil. (tg)

LETTER MOTION for Conference re: Partial Motion to Dismiss Amended Complaint addressed to Judge Mary Kay Vyskocil from Celina D. Rogers dated 10/28/2022. Document filed by Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities..(Rogers, Celina) (Entered: 10/28/2022)

LETTER RESPONSE to Motion addressed to Judge Mary Kay Vyskocil from David J. Abrams dated November 2, 2022 re: 44 LETTER MOTION for Conference re: Partial Motion to Dismiss Amended Complaint addressed to Judge Mary Kay Vyskocil from Celina D. Rogers dated 10/28/2022. . Document filed by A.B., A.H., H.L., J.C.M., J.D., J.S., L.P., M.L., R.D., T.C...(Abrams, David) (Entered: 11/02/2022)

MEMORANDUM OF LAW in Opposition re: 37 MOTION for Preliminary Injunction . . Document filed by Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities..(Kandel, Erin) (Entered: 11/03/2022)

DECLARATION of John Barbuto in Opposition re: 37 MOTION for Preliminary Injunction .. Document filed by Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities..(Kandel, Erin) (Entered: 11/03/2022)

DECLARATION of Siobhan Hunt in Opposition re: 37 MOTION for Preliminary Injunction .. Document filed by Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities..(Kandel, Erin) (Entered: 11/03/2022)

DECLARATION of Paula Millard in Opposition re: 37 MOTION for Preliminary Injunction .. Document filed by Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities..(Kandel, Erin) (Entered: 11/03/2022)

DECLARATION of Richard Abdou in Opposition re: 37 MOTION for Preliminary Injunction .. Document filed by Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities..(Kandel, Erin) (Entered: 11/03/2022)

DECLARATION of Amanda Bishi in Opposition re: 37 MOTION for Preliminary Injunction .. Document filed by Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities..(Kandel, Erin) (Entered: 11/03/2022)

DECLARATION of Amy Coccodrilli in Opposition re: 37 MOTION for Preliminary Injunction .. Document filed by Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities..(Kandel, Erin) (Entered: 11/03/2022)

DECLARATION of Tracy Scholl in Opposition re: 37 MOTION for Preliminary Injunction .. Document filed by Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities..(Kandel, Erin) (Entered: 11/03/2022)

DECLARATION of Abiba Kindo in Opposition re: 37 MOTION for Preliminary Injunction .. Document filed by Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities. (Attachments: # 1 Exhibit 1 - DDRO Map, # 2 Exhibit 2 - CRO Protocol, # 3 Exhibit 3 - Residential Referral Form, # 4 Exhibit 4 - CRO Notification of Level of Need, # 5 Exhibit 5 - Residential Support Categories Chart, # 6 Exhibit 6 - CRO Vacancy Announcement, # 7 Exhibit 7 - CRO Screening Report Form, # 8 Exhibit 8 - CRO Request for Approval to Fill a Residential Opportunity).(Kandel, Erin) (Entered: 11/03/2022)

REPLY MEMORANDUM OF LAW in Support re: 37 MOTION for Preliminary Injunction . . Document filed by A.B., A.H., Disability Rights New York, H.L., J.C.M., J.D., J.S., L.P., R.D...(Abrams, David) (Entered: 11/10/2022)

LETTER addressed to Judge Mary Kay Vyskocil from David J. Abrams dated November 11, 2022 re: November 17, 2022 oral argument. Document filed by A.B., A.H., Disability Rights New York, H.L., J.C.M., J.D., J.S., L.P., M.L., R.D., T.C...(Abrams, David) (Entered: 11/11/2022)

NOTICE OF APPEARANCE by Hermes Fernandez on behalf of InterAgency Council of Developmental Disabilities Agencies, Inc., Alliance of Long Island Agencies, Inc., Cerebral Palsy Association of New York State, New York Alliance for Inclusion and Innovation, New York Association of Emerging and Multicultural Providers, Inc., Developmental Disabilities Alliance of Western New York, Inc...(Fernandez, Hermes) (Entered: 11/15/2022)

LETTER MOTION to File Amicus Brief addressed to Judge Mary Kay Vyskocil from Hermes Fernandez dated November 15, 2022. Document filed by Alliance of Long Island Agencies, Inc., Cerebral Palsy Association of New York State, Developmental Disabilities Alliance of Western New York, Inc., InterAgency Council of Developmental Disabilities Agencies, Inc., New York Alliance for Inclusion and Innovation, New York Association of Emerging and Multicultural Providers, Inc...(Fernandez, Hermes) (Entered: 11/15/2022)

ORDER denying 58 Letter Motion to File Amicus Brief. This request to file an amicus brief on the eve of tomorrow's hearing on Plaintiffs' motion for a preliminary injunction is DENIED as untimely. Plaintiffs filed their motion on October 20, 2022, and the Court scheduled the hearing the next day [ECF Nos. 37, 43]. The Court's Order scheduling the hearing was on the public docket for well over three weeks before this request was made.. (Signed by Judge Mary Kay Vyskocil on 11/16/2022) (tg) (Entered: 11/16/2022)

Defendants' pre-motion letter requesting a conference about their contemplated motion to dismiss the original complaint [ECF No. 31] is DENIED as moot because Plaintiffs later filed an Amended Complaint [ECF No. 35]. (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (Entered: 11/17/2022)

ORDER granting 36 Letter Motion to Seal. The Court has carefully reviewed the proposed redactions and finds that the redactions are limited and appropriate. Accordingly, the request to maintain the unredacted documents under seal is GRANTED. (Signed by Judge Mary Kay Vyskocil on 11/17/2022) (tg) (Entered: 11/17/2022)

Motion Hearing

Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Motion Hearing held on 11/17/2022. (rz)

Order on Motion for Conference

JOINT LETTER addressed to Judge Mary Kay Vyskocil from David J. Abrams dated November 21, 2022 re: Proposed Civil Case Management Plan And Scheduling Order. Document filed by A.B., A.H., Disability Rights New York, H.L., J.C.M., J.D., J.S., L.P., R.D...(Abrams, David) (Entered: 11/21/2022)

PROPOSED CASE MANAGEMENT PLAN. Document filed by A.B., A.H., Disability Rights New York, H.L., J.C.M., J.D., J.S., L.P., R.D...(Abrams, David) (Entered: 11/21/2022)

Motion Hearing

LETTER addressed to Judge Mary Kay Vyskocil from David J. Abrams dated November 22, 2022 re: Notice of Supplemental Authority. Document filed by A.B., A.H., Disability Rights New York, H.L., J.C.M., J.D., J.S., L.P., R.D.. (Attachments: # 1 Exhibit 1 - November 17, 2022 Decision in Mental Hygiene Legal Service v. Delaney).(Abrams, David) (Entered: 11/22/2022)

LETTER addressed to Judge Mary Kay Vyskocil from David J. Abrams dated November 29, 2022 re: Notice of Supplemental Authority. Document filed by A.B., A.H., Disability Rights New York, H.L., J.C.M., J.D., J.S., L.P., R.D.. (Attachments: # 1 Exhibit A - Decision in PD v. Neifeld, et al.).(Abrams, David) (Entered: 11/29/2022)

LETTER addressed to Judge Mary Kay Vyskocil from Erin Kandel, Esq. dated 11/30/2022 re: 65 Notice of Supplemental Authority.. Document filed by Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities..(Kandel, Erin) (Entered: 11/30/2022)

MOTION to Dismiss Defendants' Partial Motion to Dismiss the Amended Complaint 35 . Document filed by Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities..(Kandel, Erin) (Entered: 12/01/2022)

MEMORANDUM OF LAW in Support re: 67 MOTION to Dismiss Defendants' Partial Motion to Dismiss the Amended Complaint 35 . . Document filed by Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities..(Kandel, Erin) (Entered: 12/01/2022)

MEMORANDUM OF LAW in Opposition re: 67 MOTION to Dismiss Defendants' Partial Motion to Dismiss the Amended Complaint 35 . . Document filed by A.B., A.H., Disability Rights New York, H.L., J.C.M., J.D., J.S., L.P., R.D...(Abrams, David) (Entered: 12/08/2022)

REPLY MEMORANDUM OF LAW in Support re: 67 MOTION to Dismiss Defendants' Partial Motion to Dismiss the Amended Complaint 35 . . Document filed by Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities..(Kandel, Erin) (Entered: 12/12/2022)

OPINION AND ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION re: 37 MOTION for Preliminary Injunction . filed by R.D., L.P., A.H., H.L., J.D., J.S., Disability Rights New York, J.C.M., A.B.. For the reasons set forth above, Plaintiffs' motion for a preliminary injunction is DENIED. However, by January 30, 2023, Defendants must file an affidavit detailing what further steps they have taken to place each plaintiff since November 2022. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 12/15/2022) (tg) (Entered: 12/15/2022)

LETTER addressed to Judge Mary Kay Vyskocil from Erin Kandel dated January 30, 2023 re: Affidavit Pursuant to the Court's December 15, 2022 Opinion & Order 71 . Document filed by Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities. (Attachments: # 1 Affidavit Affidavit of Abiba Kindo).(Kandel, Erin) (Entered: 01/30/2023)

LETTER addressed to Judge Mary Kay Vyskocil from David J. Abrams dated January 31, 2023 re: Response To Defendants Submission Of January 30, 2023. Document filed by A.B., A.H., Disability Rights New York, H.L., J.C.M., J.D., J.S., L.P., M.L., R.D., T.C...(Abrams, David) (Entered: 01/31/2023)

JOINT LETTER MOTION for Conference re: Discovery Dispute addressed to Judge Mary Kay Vyskocil from David J. Abrams dated 3/20/2023. Document filed by A.B., A.H., Disability Rights New York, H.L., J.C.M., J.D., J.S., L.P., M.L., R.D., T.C.. (Attachments: # 1 Exhibit Defendant OPWDDs Responses and Objections, # 2 Exhibit Defendant DOHs Responses and Objections).(Abrams, David) (Entered: 03/20/2023)

LETTER addressed to Judge Mary Kay Vyskocil from David J. Abrams dated April 5, 2023 re: Qualified Protective Order. Document filed by A.B., A.H., Disability Rights New York, H.L., J.C.M., J.D., J.S., L.P., M.L., R.D., T.C.. (Attachments: # 1 Exhibit A: Protective Order).(Abrams, David) (Entered: 04/05/2023)

QUALIFIED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 4/6/2023) (vfr) (Entered: 04/06/2023)

MOTION to Intervene . Document filed by E.B., M.W., J.D.C., J.P.S., M.F., O.A., M.Y., C.H...(Abrams, David) (Entered: 07/05/2023)

MEMORANDUM OF LAW in Support re: 77 MOTION to Intervene . . Document filed by C.H., E.B., J.D.C., J.P.S., M.F., M.W., M.Y., O.A...(Abrams, David) (Entered: 07/05/2023)

DECLARATION of David J. Abrams in Support re: 77 MOTION to Intervene .. Document filed by C.H., E.B., J.D.C., J.P.S., M.F., M.W., M.Y., O.A.. (Attachments: # 1 Exhibit A: Intervenor Complaint, # 2 Exhibit B: Email Exchange with Erin Kandel).(Abrams, David) (Entered: 07/05/2023)

DECLARATION of David J. Abrams in Support re: 77 MOTION to Intervene .. Document filed by C.H., E.B., J.D.C., J.P.S., M.F., M.W., M.Y., O.A.. (Attachments: # 1 Exhibit A: Intervenor Complaint, # 2 Exhibit B: Email Exchange with Erin Kandel).(Abrams, David) (Entered: 07/05/2023)

LETTER addressed to Judge Mary Kay Vyskocil from David J. Abrams dated July 11, 2023 re: Referral to Magistrate Judge. Document filed by C.H., E.B., J.C.M., J.D.C., J.P.S., L.P., M.F., M.W., M.Y., O.A...(Abrams, David) (Entered: 07/11/2023)

LETTER addressed to Judge Mary Kay Vyskocil from Celina D. Rogers dated July 12, 2023 re: Defendants Response to Plaintiffs July 11, 2023 Letter. Document filed by Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities..(Rogers, Celina) (Entered: 07/12/2023)

ORDER ON DISCOVERY DISPUTE terminating 44 Letter Motion for Conference re: 44 LETTER MOTION for Conference re: Partial Motion to Dismiss Amended Complaint addressed to Judge Mary Kay Vyskocil from Celina D. Rogers dated 10/28/2022., 74 JOINT LETTER MOTION for Conference re: Discovery Dispute addressed to Judge Mary Kay Vyskocil from David J. Abrams dated 3/20/2023. ; terminating 74 Letter Motion for Conference re: 44 LETTER MOTION for Conference re: Partial Motion to Dismiss Amended Complaint addressed to Judge Mary Kay Vyskocil from Celina D. Rogers dated 10/28/2022., 74 JOINT LETTER MOTION for Conference re: Discovery Dispute addressed to Judge Mary Kay Vyskocil from David J. Abrams dated 3/20/2023. IT IS HEREBY ORDERED that, since Plaintiffs assert putative class claims, Plaintiffs are entitled to non-burdensome discovery on Defendants' general practices relating to individuals in institutional settings who have been deemed eligible for placements in residential settings insofar as that information will illuminate whether Plaintiffs can satisfy the prerequisites of Rule 23 of the Federal Rules of Civil Procedure. See Philip Morris Inc. v. Nat'l Asbestos Workers Med. Fund, 214 F.3d 132, 135 (2d Cir. 2000); Sirota v. Solitron Devices, Inc., 673 F.2d 566, 571 (2d Cir. 1982). The parties are instructed to work together in good faith to narrow the scope of Plaintiffs' demands and broaden the scope of Defendants' responses to comply with this Order. The request to refer the discovery dispute to the Magistrate Judge is DENIED. The Court will decide Defendants' motion partially to dismiss and the recently-filed motion to intervene in due course [ECF Nos. 67, 77]. The Clerk of Court respectfully is requested to terminate the letter motions at docket entries 44 and 74. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/13/2023) (tg) (Entered: 07/13/2023)

MEMORANDUM OF LAW in Opposition re: 77 MOTION to Intervene . . Document filed by Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities..(Kandel, Erin) (Entered: 07/19/2023)

DECLARATION of Abiba Kindo in Opposition re: 77 MOTION to Intervene .. Document filed by Mary Bassett, Kerri Neifeld, New York State Department of Health, New York State Office for People with Developmental Disabilities..(Kandel, Erin) (Entered: 07/19/2023)

REPLY MEMORANDUM OF LAW in Support re: 77 MOTION to Intervene . . Document filed by C.H., E.B., J.D.C., J.P.S., M.F., M.W., M.Y., O.A...(Abrams, David) (Entered: 07/26/2023)

LETTER addressed to Judge Mary Kay Vyskocil from David J. Abrams dated September 20, 2023 re: Proposed Intervenor Plaintiffs. Document filed by A.B., A.H., C.H., Disability Rights New York, E.B., H.L., J.C.M., J.D., J.D.C., J.P.S., J.S., L.P., M.F., M.L., M.W., M.Y., O.A., R.D., T.C...(Abrams, David) (Entered: 09/20/2023)