Case: Hulinsky v. County of Westchester County Department of Public Safety

7:22-cv-06950 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 15, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the constitutionality of Westchester County’s Reproductive Health Care Facilities Access Act (RHCFAA), which restricts a range of activities outside of abortion clinics, including engaging in sidewalk counseling with passersby. On August 15, 2022, plaintiffs, two individuals actively engaged in pro-life sidewalk outreach, filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs brought this pre-enforcement challenge against Westche…

This is a case about the constitutionality of Westchester County’s Reproductive Health Care Facilities Access Act (RHCFAA), which restricts a range of activities outside of abortion clinics, including engaging in sidewalk counseling with passersby. On August 15, 2022, plaintiffs, two individuals actively engaged in pro-life sidewalk outreach, filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs brought this pre-enforcement challenge against Westchester County under 42 U.S.C. § 1983, challenging seven provisions of the RHCFAA. On December 15, 2022, plaintiffs filed a second amended complaint adding two pro-life organizations — 40 Days for Life and White Plains 40 Days for Life — as additional plaintiffs. Represented by the Thomas More Society, the plaintiffs jointly sought a declaration that the act was unconstitutional, injunctions preventing enforcement of the law as well as enjoining defendants from preventing plaintiff from counseling outside of abortion clinics, and nominal damages. The plaintiffs claimed that the RHCFAA made sidewalk counseling impossible without risking criminal or civil liability; consequently, they had to suspend their efforts. This case was assigned to District Judge Philip M. Halpern and Magistrate Judge Judith C. McCarthy.

On February 3, 2023, plaintiffs filed an interlocutory appeal from the District Court’s effective denial of plaintiff’s motion for injunctive relief against one provision of the RHCFAA, § 425.31 (i). Plaintiffs claimed that, during a pre-motion conference, the District Court stated its determination that a related case, Vitagliano v. County of Westchester, which upheld the same provision of the RHCFAA, would control this case as well. On July 12, 2023, the Second Circuit dismissed the appeal for lack of jurisdiction, reasoning that the District Court’s statement during the pre-motion conference did not qualify as an effective denial of the plaintiffs’ motion for injunctive relief. 

While the appeal on § 425.31 (i) was pending, the District Court issued an order on April 24, 2023, denying plaintiffs’ request for a preliminary injunction against the remaining six provisions (§§ 425.31 (a), (c), (e), (d), (f), and (h)). The court first terminated White Plains 40 Days for Life and 40 Days for Life as parties to this case for lack of standing. The court then held that the individual plaintiffs lacked standing to challenge all but one of the RHCFAA sections and, for that remaining section, nonetheless failed to meet their burden of proof with regard to the preliminary injunction standard. On May 15, 2023, plaintiffs filed an interlocutory appeal challenging the court’s decision. The case is ongoing. 

Summary Authors

Alex Levin (10/19/2023)

Related Cases

Vitagliano v. County of Westchester, Southern District of New York (2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/64894563/parties/hulinsky-v-county-of-westchester-county-department-of-public-safety/


Judge(s)

Halpern, Philip Morgan (New York)

Attorney for Plaintiff
Attorney for Defendant

Adin, Justin Richard (New York)

Flannery, John Martin (New York)

MacLeod, Shawna Currie (New York)

Marcos, Alida Lavidania (New York)

show all people

Documents in the Clearinghouse

Document
1

7:22-cv-06950

Verified Complaint

Doe v. County of Westchester

Aug. 15, 2022

Aug. 15, 2022

Complaint
52

7:22-cv-06950

Second Amended Verified Complaint

40 Days for Life v. County of Westchester

Dec. 20, 2022

Dec. 20, 2022

Complaint
94

7:22-cv-06950

Opinion and Order

Hulinsky v. County of Westchester

April 24, 2023

April 24, 2023

Order/Opinion

670 F.Supp.3d 670

102

7:22-cv-06950

Summary Order

40 Days for Life v. County of Westchester

U.S. Court of Appeals for the Second Circuit

July 12, 2023

July 12, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/64894563/hulinsky-v-county-of-westchester-county-department-of-public-safety/

Last updated April 27, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Department of Public Safety City of White Plains, Department of Public Safety County of Westchester, George Latimer, Police Department New Rochelle, Terrance Raynor, County of Westchester. (Filing Fee $ 402.00, Receipt Number ANYSDC-26551042)Document filed by Jane Doe, Sally Roe. (Attachments: # 1 Exhibit A - Photo of PP Facility, # 2 Exhibit B- Sample of Literature distributed by Plaintiff Jane Doe, # 3 Exhibit C - Photo of PP facility - Plaintiff Sally Roe, # 4 Exhibit D - Sample of literature distributed by Plaintiff Sally Roe, # 5 Exhibit E - Sample of Pro-Life Signs used by Plaintiff Sally Roe, # 6 Exhibit F - Board of Legislators Meeting Agenda Packet re Challenged Law 2022-06-27, # 7 Exhibit G - Google aerial view (modified) and photo of PP facility - Plaintiff Jane Doe, # 8 Exhibit H - Google aerial view (modified) and photo of PP facility - Plaintiff Sally Roe, # 9 Exhibit I - Press Release by Legislator Smith, # 10 Exhibit J - Board of Legislators Meeting Agenda Packet re Challenged Law 2022-05-09, # 11 Exhibit K - Board of Legislators Meeting Agenda Packet re Challenged Law 2022-05-23, # 12 Exhibit L - Legislative Committee Meeting Agenda Packet re Challenged Law 2022-06-01, # 13 Exhibit M - Legislative Committee Meeting Agenda Packet re Challenged Law 2022-06-06).(Ferrara, Christopher) (Entered: 08/15/2022)

1

View on RECAP

2

View on RECAP

3

View on RECAP

4

View on RECAP

5

View on RECAP

6

View on RECAP

7

View on RECAP

8

View on RECAP

9

View on RECAP

10

View on RECAP

11

View on RECAP

12

View on RECAP

13

View on RECAP

Aug. 15, 2022

Aug. 15, 2022

Clearinghouse
2

CIVIL COVER SHEET filed. (Attachments: # 1 Supplement Address Rider to Civil Cover Sheet for Defendants).(Ferrara, Christopher) (Entered: 08/16/2022)

1 Supplement Address Rider to Civil Cover Sheet for Defendants

View on RECAP

Aug. 16, 2022

Aug. 16, 2022

RECAP
3

NOTICE of Notice of Filing and Authentication of Exhibits to Verified Complaint by Plaintiffs' Counsel re: 1 Complaint,,,,,. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher) (Entered: 08/16/2022)

Aug. 16, 2022

Aug. 16, 2022

RECAP
4

NOTICE of Notice of Filing of Proposed Summons and Rider by Plaintiffs' Counsel re: 1 Complaint,,,,,. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher) (Entered: 08/16/2022)

Aug. 16, 2022

Aug. 16, 2022

RECAP

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher A. Ferrara. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1331; County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:1983; the County code has been modified to Queens;. (jgo)

Aug. 16, 2022

Aug. 16, 2022

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher A. Ferrara. The party information for the following party/parties has been modified: Jane Doe; Sally Roe; Department of Public Safety County of Westchester; Terrance Raynor; Police Department New Rochelle ; Department of Public Safety City of White Plains; County of Westchester; George Latimer. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted;. (jgo)

Aug. 16, 2022

Aug. 16, 2022

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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..(jgo)

Aug. 16, 2022

Aug. 16, 2022

PACER

Magistrate Judge Judith C. McCarthy 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. (jgo)

Aug. 16, 2022

Aug. 16, 2022

PACER

Case Designated ECF. (jgo)

Aug. 16, 2022

Aug. 16, 2022

PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

Aug. 16, 2022

Aug. 16, 2022

PACER

Notice to Attorney Regarding Party Modification

Aug. 16, 2022

Aug. 16, 2022

PACER

Case Opening Initial Assignment Notice

Aug. 16, 2022

Aug. 16, 2022

PACER
5

FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to County of Westchester; George Latimer, Chief Executive of the County of Westchester, in his official capacity; County of Westchester Department of Public Safety; Terrance Raynor, Acting Commissioner of the Westchester Department of Public Safety, in his official capacity; New Rochelle Police Department; City of White Plains Department of Public Safety, re: 1 Complaint. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher) Modified on 8/18/2022 (vf). (Entered: 08/18/2022)

Aug. 18, 2022

Aug. 18, 2022

RECAP

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Christopher A. Ferrara, Off to RE-FILE Document No. 5 Request for Issuance of Summons. The filing is deficient for the following reason(s): Defendant party name errors. Defendant party name listed does not correspond exactly to pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)

Aug. 18, 2022

Aug. 18, 2022

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Aug. 18, 2022

Aug. 18, 2022

PACER
6

FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to County of Westchester; George Latimer, Chief Executive of the County of Westchester, in his official capacity; County of Westchester County Department of Public Safety; Terrance Raynor, Acting Commissioner of the Westchester Department of Public Safety, in his official capacity; New Rochelle Police Department; City of White Plains Department of Public Safety, re: 1 Complaint,,,,,. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher) Modified on 8/19/2022 (vf). (Entered: 08/19/2022)

Aug. 19, 2022

Aug. 19, 2022

RECAP

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Christopher A. Ferrara, Off to RE-FILE Document No. 6 Request for Issuance of Summons. The filing is deficient for the following reason(s): Court's leave has not been granted to proceed under pseudonym. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)

Aug. 19, 2022

Aug. 19, 2022

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Aug. 19, 2022

Aug. 19, 2022

PACER
7

LETTER addressed to Judge Philip M. Halpern from Christopher A. Ferrara, Counsel for Plaintiffs dated 8/26/22 re: Pre-Motion Conference re Plaintiffs' Motion for a Preliminary Injunction. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher) (Entered: 08/27/2022)

Aug. 27, 2022

Aug. 27, 2022

RECAP
8

LETTER addressed to Judge Philip M. Halpern from Christopher A. Ferrara, Counsel for Plaintiffs dated 8/26/22 re: Pre-Motion Conference on Motion of Leave to File Oversized Brief on Plaintiffs' Motion for Preliminary Injunction (8 additional pages requested). Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher) (Entered: 08/27/2022)

Aug. 27, 2022

Aug. 27, 2022

RECAP
9

LETTER addressed to Judge Philip M. Halpern from Christopher A. Ferrara, Counsel for Plaintiffs dated 8/26/22 re: Pre-Motion Conference on Plaintiffs' Motion for Leave to Proceed with Pseudonyms. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher) (Entered: 08/27/2022)

Aug. 27, 2022

Aug. 27, 2022

RECAP
10

LETTER addressed to Judge Philip M. Halpern from Christopher A. Ferrara, Counsel for Plaintiffs dated 8/26/22 re: Pre-Motion Conference re Motion to file brief of 33 pages (replaces certificate of service for same, filed as Document 8 in error). Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher) (Entered: 08/27/2022)

Aug. 27, 2022

Aug. 27, 2022

RECAP
11

CERTIFICATE OF SERVICE of Pre-Motion Conference Letter re Plaintiffs' Motion for Preliminary Injunction served on Defendants County of Westchester, George Latimer, County of Westchester County Department of Public Safety and Terrance Raynor, New Rochelle Police Department and City of White Plains Department of Public Safety on 8/27/22. Service was made by Email on consent by corporation/law counsel. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher) (Entered: 08/27/2022)

Aug. 27, 2022

Aug. 27, 2022

RECAP
12

CERTIFICATE OF SERVICE of Pre-Motion Conference Letter re Plaintiffs' Motion for Leave to File Oversize Brief in Support of Preliminary Injunction served on Defendants County of Westchester, George Latimer, County of Westchester County Department of Public Safety and Terrance Raynor, New Rochelle Police Department, City of White Plains Department of Public Safety on 8/27/22. Service was made by Email on consent by corporation/law counsel. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher) (Entered: 08/27/2022)

Aug. 27, 2022

Aug. 27, 2022

RECAP
13

CERTIFICATE OF SERVICE of Pre-Motion Conference Letter re Plaintiffs' Motion for Leave to Proceed with Pseudonyms served on Defendants County of Westchester, George Latimer, County of Westchester County Department of Public Safety and Terrance Raynor, New Rochelle Police Department and City of White Plains Department of Public Safety on 8/27/22. Service was made by Email on consent by corporation/law counsel. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher) (Entered: 08/27/2022)

Aug. 27, 2022

Aug. 27, 2022

RECAP
14

NOTICE OF APPEARANCE by John Nonna on behalf of County of Westchester County Department of Public Safety, George Latimer, Terrance Raynor..(Nonna, John) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

RECAP
15

LETTER addressed to Judge Philip M. Halpern from John Nonna dated September 2, 2022 re: Plaintiffs' pre-motion letter. Document filed by County of Westchester County Department of Public Safety, George Latimer, Terrance Raynor..(Nonna, John) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

RECAP
16

LETTER addressed to Judge Philip M. Halpern from John Nonna dated September 2, 2022 re: Response to Plaintiffs' pre-motion letter to file under pseudonyms. Document filed by County of Westchester County Department of Public Safety, George Latimer, Terrance Raynor..(Nonna, John) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

RECAP
17

STATUS REPORT. re Service of Process Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

RECAP
18

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael McHale to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26646087. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jane Doe, Sally Roe. (Attachments: # 1 Affidavit in Support of Admission Pro Hac Vice, # 2 Text of Proposed Order for Admission Pro Hac Vice).(Ferrara, Christopher) Modified on 9/8/2022 (sgz). (Entered: 09/07/2022)

1 Affidavit in Support of Admission Pro Hac Vice

View on PACER

2 Text of Proposed Order for Admission Pro Hac Vice

View on PACER

Sept. 7, 2022

Sept. 7, 2022

PACER
19

CERTIFICATE OF SERVICE of Motion for Admission of Michael McHale Pro Hac Vice served on Defendants County of Westchester, George Latimer, County of Westchester County Department of Public Safety and Terrance Raynor, New Rochelle Police Department and City of White Plains Department of Public Safety on 9/7/22. Service was made by By ECF or Email on consent by corporation/law counsel. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

RECAP

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 18 MOTION for Michael McHale to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26646087. 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 Nebraska; 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. 8, 2022

Sept. 8, 2022

PACER
20

MOTION for Michael McHale to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jane Doe, Sally Roe. (Attachments: # 1 Affidavit for Admission Pro Hac Vice, # 2 Text of Proposed Order for Admission Pro Hac Vice, # 3 Exhibit Certificate of Good Standing).(Ferrara, Christopher) (Entered: 09/08/2022)

1 Affidavit for Admission Pro Hac Vice

View on PACER

2 Text of Proposed Order for Admission Pro Hac Vice

View on PACER

3 Exhibit Certificate of Good Standing

View on PACER

Sept. 8, 2022

Sept. 8, 2022

PACER
21

CERTIFICATE OF SERVICE of Motion for Admission of Michael McHale Pro Hac Vice served on Defendants County of Westchester, George Latimer, County of Westchester County Department of Public Safety and Terrance Raynor, New Rochelle Police Department and City of White Plains Department of Public Safety on 9/8/22. Service was made by By ECF or Email on consent by corporation/law counsel. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

RECAP

Notice Regarding Deficient Motion to Appear Pro Hac Vice

Sept. 8, 2022

Sept. 8, 2022

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 20 MOTION for Michael McHale 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. 9, 2022

Sept. 9, 2022

PACER

Notice Regarding Pro Hac Vice Motion

Sept. 9, 2022

Sept. 9, 2022

PACER
22

NOTICE OF APPEARANCE by Shawna Currie MacLeod on behalf of County of Westchester County Department of Public Safety, George Latimer, Terrance Raynor, County of Westchester..(MacLeod, Shawna) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

RECAP
23

NOTICE OF APPEARANCE by Justin Richard Adin on behalf of County of Westchester County Department of Public Safety, George Latimer, Terrance Raynor, County of Westchester..(Adin, Justin) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

RECAP
24

LETTER addressed to Judge Philip M. Halpern from John Nonna dated September 13,2022 re: Plaintiffs' pre-motion letter seeking to file a preliminary injunction motion. Document filed by County of Westchester County Department of Public Safety, George Latimer, Terrance Raynor, County of Westchester..(Nonna, John) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

RECAP
25

NOTICE OF APPEARANCE by Alida Lavidania Marcos on behalf of County of Westchester County Department of Public Safety, George Latimer, Terrance Raynor, County of Westchester..(Marcos, Alida) (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

RECAP
26

ORDER: One of the pending pre-motion conference letters concerns Plaintiffs' anticipated motion for leave to proceed under pseudonymsa motion that must be granted for summonses to issue for the Complaint in its current state. (See Doc. 9; Doc. 16; see Aug. 19, 2022 Entry). The premotion conference requirement is waived for this application and Plaintiffs are granted leave to serve and file their pseudonym motion in accordance with the following schedule: (1) Plaintiffs' motion papers shall be served on all Defendants and filed on September 30, 2022; (2) Defendants (to the extent any wish to be heard on an application before summonses have issued) shall serve and file their opposition papers on October 14, 2022; and (3) Plaintiffs' reply papers, if any, shall be served and filed on October 21, 2022. The other pre-motion conference letters go hand-in-handone seeks leave to move for a preliminary injunction and the other asks for permission to file an "oversized brief" in connection therewith. (Doc. 7; Doc. 10). The County Defendants opposed these requests as well. (Doc. 15; Doc. 24). These requests are, at best, premature and therefore denied without prejudice to renew on that basis. Plaintiffs may renew their requests after a decision is rendered on the motion to proceed under pseudonyms. Plaintiffs are directed to serve a copy of this Order on all Defendants and file proof of service to the docket by 5:00 p.m. on September 16, 2022. SO ORDERED. (Motions due by 9/30/2022., Responses due by 10/14/2022, Replies due by 10/21/2022.) (Signed by Judge Philip M. Halpern on 9/15/2022) (jca) (Entered: 09/15/2022)

Sept. 15, 2022

Sept. 15, 2022

RECAP
27

WAIVER OF SERVICE RETURNED EXECUTED. County of Westchester County Department of Public Safety waiver sent on 9/6/2022, answer due 11/7/2022; George Latimer waiver sent on 9/6/2022, answer due 11/7/2022; Terrance Raynor waiver sent on 9/6/2022, answer due 11/7/2022; County of Westchester waiver sent on 9/6/2022, answer due 11/7/2022. Document filed by Jane Doe; Sally Roe..(Ferrara, Christopher) (Entered: 09/15/2022)

Sept. 15, 2022

Sept. 15, 2022

RECAP
28

WAIVER OF SERVICE RETURNED EXECUTED. City of White Plains Department of Public Safety waiver sent on 9/6/2022, answer due 11/7/2022. Document filed by Jane Doe; Sally Roe..(Ferrara, Christopher) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

RECAP
29

CERTIFICATE OF SERVICE of Order by Judge Halpern, 9-15-22, ECF No. 26 served on all defendants on 9-16-22. Service was accepted by As to New Rochelle Police Department - Dawn Warren, Deputy Corporation Counsel. Service was made by Email on consent by corporation/law counsel as to City of White Plains Department of Public Safety, County of Westchester, Terrance Raynor, George Latimer and County of Westchester County Department of Public Safety. Document filed by Jane Doe, Sally Roe. (Attachments: # 1 Exhibit 9-15-22 Order by Judge Halpern, ECF 26 - Served).(Ferrara, Christopher) (Entered: 09/16/2022)

1 Exhibit 9-15-22 Order by Judge Halpern, ECF 26 - Served

View on PACER

Sept. 16, 2022

Sept. 16, 2022

PACER
30

ORDER FOR ADMISSION PRO HAC VICE granting 20 MOTION for Michael McHale to Appear Pro Hac Vice. The motion of Michael G. McHale for admission Pro Hac Vice in the above-captioned action is GRANTED. *** The Order granting Mr. McHale's request for admission pro hac vice has no bearing on Plaintiffs' anticipated motion to proceed using pseudonyms. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 20. *** (Signed by Judge Philip M. Halpern on 9/22/2022) (jca) (Entered: 09/22/2022)

Sept. 22, 2022

Sept. 22, 2022

RECAP
31

NOTICE OF APPEARANCE by Michael McHale on behalf of Jane Doe, Sally Roe..(McHale, Michael) (Entered: 09/29/2022)

Sept. 29, 2022

Sept. 29, 2022

RECAP
32

MOTION for Protective Order for Leave to Proceed Anonymously. Document filed by Jane Doe, Sally Roe. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit A - Article - Would-be Kavanaugh assassin arrested, # 3 Exhibit B - Article - 'Ruth Sent Us' targets Justice Barrett's children, # 4 Exhibit C - Article - Attorney Brejcha's home vandalized, # 5 Exhibit D - Reproductive Justice Union Profile, # 6 Exhibit E - Article - Radical abortion groups threaten violence, # 7 Exhibit F - Jane's Revenge First Communique, # 8 Exhibit G - Article - Protestors Vandalize, Firebomb Pro-Life Centers, # 9 Exhibit H - Jane's Revenge Another Communique, # 10 Exhibit I - Jane's Revenge Night of Rage, # 11 Exhibit J - Article - Jane's Revenge Declares 'Open Season' on Pro-Life, # 12 Exhibit K - Jane's Revenge 'It's Easy to Attack', # 13 Exhibit L - Article - Suspected arson against pro-life facility, # 14 Exhibit M - Article - Abortion Pill Reversal Success Stories, # 15 Exhibit N - Article - Has your state experienced recent pro-abortion violence?, # 16 Exhibit O - Article- NYC cops brace for post-Roe protests, # 17 Exhibit P - Article - Post-Roe protestors take to the streets, # 18 Exhibit Q - Article - Attacks on Catholic Churches multiply, # 19 Exhibit R - Article - Vandals smash Catholic sculptures, # 20 Exhibit S - Article - More arson against pregnancy centers, # 21 Exhibit T - Article - Catholic Churches vandalized, # 22 Exhibit U - Article - Bishop pleads for peace, # 23 Exhibit V - Article - Multiple pro-abortion protestors arrested, # 24 Exhibit W - Article - Increasing amount of pro-life orgs. firebombed).(McHale, Michael) (Entered: 09/30/2022)

1

View on RECAP

2

View on RECAP

3

View on RECAP

4

View on RECAP

5

View on RECAP

6

View on RECAP

7

View on RECAP

8

View on RECAP

9

View on RECAP

10

View on RECAP

11

View on RECAP

12

View on RECAP

13

View on RECAP

14

View on RECAP

15

View on RECAP

16

View on RECAP

17

View on RECAP

18

View on RECAP

19

View on RECAP

20

View on RECAP

21

View on RECAP

22

View on RECAP

23

View on RECAP

24

View on RECAP

Sept. 30, 2022

Sept. 30, 2022

RECAP
33

MEMORANDUM OF LAW in Support re: 32 MOTION for Protective Order for Leave to Proceed Anonymously. . Document filed by Jane Doe, Sally Roe..(McHale, Michael) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

RECAP
34

CERTIFICATE OF SERVICE of Notice of Motion for Leave to Proceed with Pseudonyms served on Defendants County of Westchester, George Latimer, County of Westchester County Department of Public Safety and Terrance Raynor, New Rochelle Police Department and City of White Plains Department of Public Safety on 10/3/22. Service was made by Email on consent by corporation/law counsel for City of White Plains Department of Public Safety, ECF as to counsel who have appeared for County defendants, and Priority Mail as to Defendant New Rochelle Police Department c/o New Rochelle Law Department, Att: Brian Powers, Esq.. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher) (Entered: 10/03/2022)

Oct. 3, 2022

Oct. 3, 2022

RECAP
35

MEMORANDUM OF LAW in Opposition re: 32 MOTION for Protective Order for Leave to Proceed Anonymously. . Document filed by County of Westchester County Department of Public Safety, George Latimer, Terrance Raynor, County of Westchester..(Nonna, John) (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

RECAP
36

NOTICE OF APPEARANCE by John Martin Flannery on behalf of City of White Plains Department of Public Safety..(Flannery, John) (Entered: 10/19/2022)

Oct. 19, 2022

Oct. 19, 2022

RECAP
37

NOTICE OF APPEARANCE by Peter Alexander Meisels on behalf of City of White Plains Department of Public Safety..(Meisels, Peter) (Entered: 10/19/2022)

Oct. 19, 2022

Oct. 19, 2022

RECAP
38

REPLY MEMORANDUM OF LAW in Support re: 32 MOTION for Protective Order for Leave to Proceed Anonymously. . Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

RECAP
39

CERTIFICATE OF SERVICE of Reply Memorandum of Law in Support of Plaintiffs' Motion for Leave to Proceed with Pseudonyms served on Defendants County of Westchester, George Latimer, County of Westchester County Department of Public Safety and Terrance Raynor, New Rochelle Police Department and City of White Plains Department of Public Safety on 10-21-22. Service was made by By ECF or Email on consent by corporation/law counsel. Document filed by Jane Doe, Sally Roe..(Ferrara, Christopher) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

RECAP
40

LETTER MOTION for Extension of Time to File Answer and to So-Order a stipulation re time to answer addressed to Judge Philip M. Halpern from Justin R. Adin dated October 27, 2022. Document filed by County of Westchester County Department of Public Safety, George Latimer, Terrance Raynor, County of Westchester. (Attachments: # 1 Text of Proposed Order Stipulation requested to be so-ordered).(Adin, Justin) (Entered: 10/27/2022)

1 Text of Proposed Order Stipulation requested to be so-ordered

View on RECAP

Oct. 27, 2022

Oct. 27, 2022

RECAP
41

NOTICE OF APPEARANCE by Benjamin Sonnenfeldt on behalf of City of White Plains Department of Public Safety..(Sonnenfeldt, Benjamin) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

RECAP
42

FIRST LETTER addressed to Judge Philip M. Halpern from Benjamin Sonnenfeldt dated 10/28/22 re: Request for Extension. Document filed by City of White Plains Department of Public Safety..(Sonnenfeldt, Benjamin) (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

RECAP
43

STIPULATION IT IS HEREBY STIPULATED AND AGREED THAT the time for Defendants County of Westchester, George Latimer, County of Westchester Department of Public Safety, and Terrance Raynor, to Answer or otherwise respond to the Complaint in this action is extended to the later of twenty (20) days following the decision of the Court on Plaintiffs motion to proceed under pseudonyms or twenty (20) days following the filing of an updated complaint if the Court denies said motion and requires the filing of a complaint with the names of Plaintiffs included, should Plaintiffs elect to proceed under their real names. SO ORDERED. Motions terminated: 40 LETTER MOTION for Extension of Time to File Answer and to So-Order a stipulation re time to answer addressed to Judge Philip M. Halpern from Justin R. Adin dated October 27, 2022. filed by Terrance Raynor, County of Westchester, George Latimer, County of Westchester County Department of Public Safety. (Signed by Judge Philip M. Halpern on 10/31/2022) (jca) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

RECAP
44

MEMO ENDORSEMENT on re: 42 Letter filed by City of White Plains Department of Public Safety ENDORSEMENT Application granted. The time for Defendant White Plains Department of Public Safety to respond to the Complaint is extended to the later of (i) 20 days after a decision on Plaintiff's pseudonym motion or (ii) 20 days after the filing of an Amended Complaint if Plaintiff's pseudonym motion is denied. SO ORDERED. (Signed by Judge Philip M. Halpern on 10/31/2022) (jca) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

RECAP

ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Sally Roe, Jane Doe, 40 Days for Life, White Plains 40 Days for Life added. Party added pursuant to 1 Complaint,,,,,.Document filed by Sally Roe, Jane Doe, 40 Days for Life, White Plains 40 Days for Life. Related document: 1 Complaint,,,,,..(Ferrara, Christopher)

Nov. 23, 2022

Nov. 23, 2022

PACER
45

FIRST AMENDED COMPLAINT amending 1 Complaint,,,,, against County of Westchester County Department of Public Safety, George Latimer, Terrance Raynor.Document filed by 40 Days for Life, Sally Roe, White Plains 40 Days for Life, Jane Doe. Related document: 1 Complaint,,,,,. (Attachments: # 1 Exhibit Statement of Peace, # 2 Exhibit 40 Days Vigil Photos, # 3 Exhibit Pro-life literature handouts, # 4 Exhibit Photos-Westchester County PP Facility, # 5 Exhibit Plaintiff Jane Doe's Pro-Life Literature, # 6 Exhibit Photos of PP Facility in Greenburgh, NY, # 7 Exhibit Plaintiff Sally Roe's Pro-Life Literature, # 8 Exhibit Signs Used by Plaintiff Sally Roe, # 9 Exhibit Excerpts from Board of Legislators Meeting Packet, # 10 Exhibit Aerial and Frontal View of PP facility in New Rochelle, # 11 Exhibit Aerial and Frontal View of Greenburgh PP Facility, # 12 Exhibit Press Release by Legislator Smith, # 13 Exhibit Board of Legislators Meeting Packet, # 14 Exhibit Legislation Committee Meeting Packet-Agenda and Minutes, # 15 Exhibit Legislation Committee Meeting Agenda Packet, # 16 Exhibit Legislation Committee Meeting Packet, # 17 Exhibit Declaration of Brian Burke).(Ferrara, Christopher) (Entered: 11/23/2022)

1

View on RECAP

2

View on RECAP

3

View on RECAP

4

View on RECAP

5

View on RECAP

6

View on RECAP

7

View on RECAP

8

View on RECAP

9

View on RECAP

10

View on RECAP

11

View on RECAP

12

View on RECAP

13

View on RECAP

14

View on RECAP

15

View on RECAP

16

View on RECAP

17

View on RECAP

Nov. 23, 2022

Nov. 23, 2022

RECAP
46

ENDORSED LETTER addressed to Judge Philip M. Halpern from John M. Nonna dated 11/22/2022 re: I write to respectfully request a three-week extension of time for Defendants to respond to the Complaint in Vitagliano, from November 25, 2022, until December 16, 2022.. ENDORSEMENT: Application granted. The deadline for Defendants to respond to the Complaint shall be extended to December 16, 2022. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/23/2022) (kv) (Entered: 11/23/2022)

Nov. 23, 2022

Nov. 23, 2022

PACER
47

ORDER FOR ADMISSION PRO HAC VICE granting (22 in 22-9370) AMENDED MOTION for Joseph C. Davis to Appear Pro Hac Vice. The motion of Joseph C. Davis, for admission to practice Pro Hac Vice in the above captioned action is granted. (Signed by Judge Philip M. Halpern on 11/30/2022) (jca) (Entered: 11/30/2022)

Nov. 30, 2022

Nov. 30, 2022

RECAP
48

ORDER FOR ADMISSION PRO HAC VICE granting (24 in 22cv9370) MOTION for Daniel L. Chen to Appear Pro Hac Vice. The motion of Daniel L. Chen, for admission to practice Pro Hac Vice in the above captioned action is granted. (Signed by Judge Philip M. Halpern on 12/8/2022) (jca) (Entered: 12/08/2022)

Dec. 8, 2022

Dec. 8, 2022

RECAP
49

ORDER GRANTING JOINT RULE 21 MOTION TO DROP PARTIES The parties have filed a Joint Rule 21 Motion to Drop Defendants George Latimer and John M. Nonna, sued in their official capacities, from the case. (Doc. 25). For the reasons stated therein, the motion is GRANTED. The Clerk of Court is respectfully directed to drop, under Federal Rule of Civil Procedure 21, Defendants George Latimer and John M. Nonna from the case and to amend the case caption accordingly. SO ORDERED. John M. Nonna (John M. Nonna, in his official capacity as County Attorney of the County of Westchester), George Latimer (Chief Executive of the County of Westchester, in his official capacity) and George Latimer (George Latimer, in his official capacity as County Executive of the County of Westchester) terminated. (Signed by Judge Philip M. Halpern on 12/8/2022) (jca) (Entered: 12/08/2022)

Dec. 8, 2022

Dec. 8, 2022

RECAP
50

JOINT MOTION to Add Party(ies) Oksana Hulinksy as a Plaintiff, drop Plaintiff "Jane Doe," designate Plaintiff "Sally Roe" by her real name, drop Defendants George Latimer and Terrance Raynor, and amend caption pursuant to Second Amended Verified Complaint filed on consent under Rule 15(a)(2). Document filed by 40 Days for Life, Jane Doe, Sally Roe, White Plains 40 Days for Life. (Attachments: # 1 Text of Proposed Order Adding Plaintiff Oksana Hulinsky, dropping Plaintiff "Jane Doe," Designating Plaintiff "Sally Roe" by her real name, Dropping Defendants George Latimer and Terrance Raynor, and amending case caption, pursuant to a Second Amended Verified Complaint filed on Consent under Rule 15(a)(2), # 2 Supplement Proposed Second Amended Verified Complaint for filing on consent under Rule 15(a)(2), # 3 Exhibit A to Proposed Second Amended Verified Complaint on Consent - 40 Days for Life Statement of Peace, # 4 Exhibit B to Proposed Second Amended Verified Complaint on Consent - White Plains 40 Days for Life Prayer Vigil, # 5 Exhibit C to Proposed Second Amended Verified Complaint on Consent - White Plains 40 Days for Life Sample Literature, # 6 Exhibit D to Proposed Second Amended Verified Complaint on Consent - Photos of PP Facility in New Rochelle, # 7 Exhibit E to Proposed Second Amended Verified Complaint on Consent - Literature Used by Plaintiff Hulinsky, # 8 Exhibit F to Proposed Second Amended Verified Complaint on Consent - Photos of PP Facility in Greenburgh, # 9 Exhibit G to Proposed Second Amended Verified Complaint on Consent - Literature used by Plaintiff Molinelli, # 10 Exhibit H to Proposed Second Amended Verified Complaint on Consent - Signs used by Plaintiff Molinelli, # 11 Exhibit I to Proposed Second Amended Verified Complaint on Consent - Board of Legislators Meeting Packet 6-27-22, # 12 Exhibit J to Proposed Second Amended Verified Complaint on Consent - Aerial and Frontal View of PP Facility in New Rochelle (Hulinsky), # 13 Exhibit K to Proposed Second Amended Verified Complaint on Consent - Aerial and Frontal View of PP Facility in Greenburgh (Molinelli), # 14 Exhibit L. to Proposed Second Amended Verified Complaint on Consent - Press Release by Legislation Committee Chair Smith, # 15 Exhibit M to Proposed Second Amended Verified Complaint on Consent - Board of Legislators Meeting Agenda Packet 5-9-22 (excerpts), # 16 Exhibit N to Proposed Second Amended Verified Complaint on Consent - Legislation Committee Meeting Agenda Packet 5-23-22, # 17 Exhibit O to Proposed Second Amended Verified Complaint on Consent - Legislation Committee Meeting Agenda Packet 6-1-22, # 18 Exhibit P to Proposed Second Amended Verified Complaint on Consent -Legislation Committee Meeting Agenda Packet 6-6-22, # 19 Exhibit Q to Proposed Second Amended Verified Complaint on Consent - Declaration of Brian Burke).(Ferrara, Christopher) (Entered: 12/15/2022)

1

View on RECAP

Dec. 15, 2022

Dec. 15, 2022

RECAP
51

ORDER GRANTING JOINT MOTION TO ADD AND DROP PARTIES UNDER FED R. CIV. P. 21 and 15(a)(2) denying as moot 32 Motion for Protective Order; granting 50 Motion to Add. For the reasons stated therein, the joint motion is GRANTED, and it is hereby ORDERED as follows: 1. Plaintiffs shall file the proposed Second Amended Verified Complaint within 14 days of the date of this Order. 2. Plaintiffs' pending Motion for Protective Order for Leave to Proceed Anonymously is DENIED as moot. 3. The Clerk of Court is respectfully directed, under Federal Rule of Civil Procedure 21, to amend the case caption to: (i) add Oksana Hulinsky and Regina Creary Molinelli as Plaintiffs in this action; (ii) drop Jane Doe and Sally Roe as a Plaintiffs in this action; and (iii) to drop George Latimer and Terrance Raynor as Defendants in this action. 4. The Clerk of Court is respectfully directed to terminate the motion sequences pending at Doc. 32 and Doc. 50. SO ORDERED.. (Signed by Judge Philip M. Halpern on 12/16/2022) (jca) (Entered: 12/16/2022)

Dec. 16, 2022

Dec. 16, 2022

RECAP
52

SECOND AMENDED COMPLAINT amending 45 Amended Complaint,,,, against County of Westchester.Document filed by 40 Days for Life, Oksana Hulinsky, White Plains 40 Days for Life, Regina Creary Molinelli. Related document: 45 Amended Complaint,,,,. (Attachments: # 1 Exhibit A to Second Amended Verified Complaint - A - 40 Days for Life Statement of Peace, # 2 Exhibit B to Second Amended Verified Complaint - White Plains 40 Days for Life Prayer Vigil Photos, # 3 Exhibit C to Second Amended Verified Complaint - White Plains 40 Days for Life Sample Literature Handouts, # 4 Exhibit D to Second Amended Verified Complaint - Westchester County Planned Parenthood Facility Photos, # 5 Exhibit E to Second Amended Verified Complaint - Samples of ProLife Advocacy Literature used by HULINSKY, # 6 Exhibit F to Second Amended Verified Complaint - Greenburgh Planned Parenthood Facility RE MOLINELLI's Prolife Advocacy, # 7 Exhibit G to Second Amended Verified Complaint - Sample of ProLife Advocacy Literature used by MOLINELLI, # 8 Exhibit H to Second Amended Verified Complaint - Sample of ProLife Advocacy Signs used by MOLINELLI, # 9 Exhibit I to Second Amended Verified Complaint - Board of Legislators 2022-06-27 Meeting AgendaPacket (Excerpts), # 10 Exhibit J to Second Amended Verified Complaint - Aerial and Frontal View of Planned Parenthood Facility RE HULINSKY Prolife Advocacy, # 11 Exhibit K to Second Amended Verified Complaint - Aerial and Frontal View of Greenburgh Planned Parenthood Facility RE Prolife Advocacy, # 12 Exhibit L to Second Amended Verified Complaint - Press Release 2022-05-03 by Legislation Committee Chair Colin Smith, # 13 Exhibit M to Second Amended Verified Complaint - Board of Legislators 2022-05-09 - Meeting AgendaPacket (Excerpts), # 14 Exhibit N to Second Amended Verified Complaint - Legislation Committee Meeting 2022-05-23 - AgendaPacket and Minutes, # 15 Exhibit O to Second Amended Verified Complaint - Legislation Committee Meeting 2022-06-01 - AgendaPacket, # 16 Exhibit P to Second Amended Verified Complaint - Legislation Committee Meeting 2022-06-06 - AgendaPacket, # 17 Exhibit Q to Second Amended Verified Complaint - Declaration of Brian Burke).(Ferrara, Christopher) (Entered: 12/20/2022)

Dec. 20, 2022

Dec. 20, 2022

Clearinghouse
53

LETTER MOTION for Conference addressed to Judge Philip M. Halpern from Christopher Ferrara dated December 22, 2022. Document filed by 40 Days for Life, Oksana Hulinsky, Regina Creary Molinelli, White Plains 40 Days for Life..(McHale, Michael) (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

RECAP
54

ORDER denying without prejudice to renewal 53 Letter Motion for Conference re: 53 LETTER MOTION for Conference addressed to Judge Philip M. Halpern from Christopher Ferrara dated December 22, 2022. Application denied without prejudice to renewal after Defendant files its response to the Second Amended Complaint. SO ORDERED. (Signed by Judge Philip M. Halpern on 12/23/2022) (jca) (Entered: 12/23/2022)

Dec. 23, 2022

Dec. 23, 2022

RECAP
55

LETTER MOTION for Conference re: Plaintiffs' Motion for a Preliminary Injunction addressed to Judge Philip M. Halpern from Christopher Ferrara dated December 30, 2022. Document filed by 40 Days for Life, Oksana Hulinsky, Regina Creary Molinelli, White Plains 40 Days for Life..(McHale, Michael) (Entered: 12/30/2022)

Dec. 30, 2022

Dec. 30, 2022

RECAP
56

SECOND LETTER MOTION for Extension of Time to File Answer and to So-Order a stipulation re time to answer addressed to Judge Philip M. Halpern from Justin R. Adin dated January 4, 2023. Document filed by County of Westchester. (Attachments: # 1 Text of Proposed Order Stipulation requested to be so-ordered).(Adin, Justin) (Entered: 01/04/2023)

Jan. 4, 2023

Jan. 4, 2023

PACER
57

STIPULATION IT IS HEREBY STIPULATED AND AGREED THAT the time for Defendants County of Westchester to Answer the Second Amended Complaint in this action is extended to Tuesday, January 17, 2023. Application granted. SO ORDERED. County of Westchester answer due 1/17/2023., Motions terminated: 56 SECOND LETTER MOTION for Extension of Time to File Answer and to So-Order a stipulation re time to answer addressed to Judge Philip M. Halpern from Justin R. Adin dated January 4, 2023. filed by County of Westchester. (Signed by Judge Philip M. Halpern on 1/5/2023) (jca) (Entered: 01/05/2023)

Jan. 5, 2023

Jan. 5, 2023

PACER
58

LETTER RESPONSE in Opposition to Motion addressed to Judge Philip M. Halpern from John Nonna dated January 9, 2023 re: 55 LETTER MOTION for Conference re: Plaintiffs' Motion for a Preliminary Injunction addressed to Judge Philip M. Halpern from Christopher Ferrara dated December 30, 2022. . Document filed by County of Westchester..(Nonna, John) (Entered: 01/09/2023)

Jan. 9, 2023

Jan. 9, 2023

PACER
59

ORDER granting 55 Letter Motion for Conference re: 55 LETTER MOTION for Conference re: Plaintiffs' Motion for a Preliminary Injunction addressed to Judge Philip M. Halpern from Christopher Ferrara dated December 30, 2022. Application for a pre-motion conference on Plaintiffs' anticipated motion for preliminary injunction is granted. The Court will hold a telephonic pre-motion conference on January 18, 2023 at 10:00 a.m. At the time of the conference, all parties shall call: (888) 398-2342; access code: 3456831. The Clerk of Court is respectfully directed to terminate the motion sequence pending at Doc. 55. Telephone Conference set for 1/18/2023 at 10:00 AM before Judge Philip M. Halpern. (Signed by Judge Philip M. Halpern on 1/10/2023) (rro) (Entered: 01/10/2023)

Jan. 10, 2023

Jan. 10, 2023

PACER
60

ANSWER to 52 Amended Complaint,,,,,,,,,. Document filed by County of Westchester..(MacLeod, Shawna) (Entered: 01/17/2023)

Jan. 17, 2023

Jan. 17, 2023

PACER

Minute Entry for proceedings held before Judge Philip M. Halpern: Pre-Motion Conference held on 01/18/2023. Counsel for all parties appeared in Courtroom 520. Plaintiff is granted leave to serve and file a motion for preliminary injunction in accordance with the following schedule: (1) Plaintiffs' moving papers shall be served, not filed, on 01/25/2023; (2) Defendants opposition papers shall be served, not filed, on 02/15/2023; and (3) Plaintiff's reply papers shall be served, and all motion papers filed, on 03/01/2023. (fc)

Jan. 18, 2023

Jan. 18, 2023

PACER

Pre-Motion Conference

Jan. 18, 2023

Jan. 18, 2023

PACER
61

PROPOSED ORDER. Document filed by Oksana Hulinsky, Regina Creary Molinelli, Sally Roe, White Plains 40 Days for Life. (Attachments: # 1 Supplement Cover letter re proposed order denying preliminary injunctive relief as to Sec. 425.31(i) of the Laws of Westchester County) Related Document Number: [ECF no. 55]..(Ferrara, Christopher) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 01/19/2023)

Jan. 19, 2023

Jan. 19, 2023

PACER

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 61 Proposed Order, was reviewed and approved as to form. (tp)

Jan. 19, 2023

Jan. 19, 2023

PACER

Notice to Court Regarding Proposed Order

Jan. 19, 2023

Jan. 19, 2023

PACER
62

LETTER addressed to Judge Philip M. Halpern from Christopher A, Ferrara dated 1/24/22 re: Internal adjustment of briefing schedule with same outside date. Document filed by 40 Days for Life, Oksana Hulinsky, Regina Creary Molinelli, White Plains 40 Days for Life..(Ferrara, Christopher) (Entered: 01/24/2023)

Jan. 24, 2023

Jan. 24, 2023

RECAP
63

MEMO ENDORSEMENT on re: 62 Letter, filed by 40 Days for Life, Regina Creary Molinelli, Oksana Hulinsky, White Plains 40 Days for Life. ENDORSEMENT: Application granted. The briefing schedule for Plaintiffs' Motion for Preliminary Injunction shall be extended as follows. Plaintiffs' moving papers shall be served, but not filed, on February 1, 2023. Defendant's opposition shall be served, but not filed, on February 22, 2023. Plaintiffs' reply shall be served, and all motion papers filed, on March 1, 2023. ( Motions due by 3/1/2023.) (Signed by Judge Philip M. Halpern on 1/24/2023) (ate) (Entered: 01/24/2023)

Jan. 24, 2023

Jan. 24, 2023

PACER
64

ENDORSED LETTER addressed to Judge Philip M. Halpern from Christopher A. Ferrara re: Further to the colloquy with the Court yesterday at the pre-motion conference, I am submitting herewith a proposed form of order denying injunctive relief as to § 425.31(i) of the Laws of Westchester County, the so-called 8-foot bubble zone provision. Per County Counsel John Nonnas representation yesterday, confirmed in a telephone conversation with him today, the County has no objection to the entry of such an order. ENDORSEMENT: Application denied. The Court finds no basis in law to bifurcate the motion for preliminary injunction as Plaintiffs request. The Court will consider Plaintiffs' request for preliminary injunctive relief as to all of the challenged provisions of Section 425.31 once the motion is sub judice. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/25/2023) (jca) (Entered: 01/25/2023)

Jan. 25, 2023

Jan. 25, 2023

PACER
65

CERTIFICATE OF SERVICE of Notice of Motion for Preliminary Injunction, Memorandum in Support, Proposed Order, Declaration Authenticating Exhibits to Second Amended Verified Complaint-Papers to be filed with Court by March 1, 2023 served on County of Westchester on 2-1-23. Service was made by Email on consent by corporation/law counsel. Document filed by 40 Days for Life, Oksana Hulinsky, Regina Creary Molinelli, White Plains 40 Days for Life..(Ferrara, Christopher) (Entered: 02/01/2023)

Feb. 1, 2023

Feb. 1, 2023

RECAP
66

FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF INTERLOCUTORY APPEAL. Document filed by 40 Days for Life, Oksana Hulinsky, Regina Creary Molinelli, White Plains 40 Days for Life. Filing fee $ 505.00, receipt number ANYSDC-27290737. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Exhibit Transcript of Jan. 18, 2023 Pre-Motion Conference).(McHale, Michael) Modified on 2/3/2023 (tp). (Entered: 02/02/2023)

Feb. 2, 2023

Feb. 2, 2023

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Michael McHale to RE-FILE Document No. 66 Notice of Interlocutory Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Notice of Interlocutory Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed - Do Not Pay the Appeal Fee Again. (tp)

Feb. 3, 2023

Feb. 3, 2023

PACER
67

FIRST NOTICE OF INTERLOCUTORY APPEAL from 64 Endorsed Letter,,,. Document filed by 40 Days for Life, Oksana Hulinsky, Regina Creary Molinelli, White Plains 40 Days for Life. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Exhibit Transcript of Jan. 18, 2023 Pre-Motion Conference).(McHale, Michael) Modified on 2/3/2023 (nd). (Entered: 02/03/2023)

1 Exhibit Transcript of Jan. 18, 2023 Pre-Motion Conference

View on PACER

Feb. 3, 2023

Feb. 3, 2023

RECAP

Appeal Fee Paid electronically via Pay.gov: for 67 Notice of Interlocutory Appeal,. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-27290737, paid on 2/2/2023..(nd)

Feb. 3, 2023

Feb. 3, 2023

PACER

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 67 Notice of Interlocutory Appeal,..(nd)

Feb. 3, 2023

Feb. 3, 2023

PACER

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 67 Notice of Interlocutory Appeal, filed by 40 Days for Life, Regina Creary Molinelli, Oksana Hulinsky, White Plains 40 Days for Life were transmitted to the U.S. Court of Appeals..(nd)

Feb. 3, 2023

Feb. 3, 2023

PACER
68

LETTER MOTION for Conference re: Motion to Intervene by All Womens Medical Office Based Surgery, PLLC addressed to Judge Philip M. Halpern from Natasha N. Reed dated February 3, 2023. Document filed by All Womens Medical Office Based Surgery, PLLC..(Reed, Natasha) (Entered: 02/03/2023)

Feb. 3, 2023

Feb. 3, 2023

PACER

Notice to Attorney Regarding Deficient Appeal

Feb. 3, 2023

Feb. 3, 2023

PACER

Appeal Fee Paid via Pay.gov

Feb. 3, 2023

Feb. 3, 2023

PACER

Transmission of Notice of Appeal and Docket Sheet to USCA

Feb. 3, 2023

Feb. 3, 2023

PACER

Appeal Record Sent to USCA - Electronic File

Feb. 3, 2023

Feb. 3, 2023

PACER
69

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Teleconference proceeding held on 01/18/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Ginsberg, Darby) (Entered: 02/06/2023)

Feb. 6, 2023

Feb. 6, 2023

PACER
70

TRANSCRIPT of Proceedings re: Teleconference held on 1/18/2023 before Judge Philip M. Halpern. Court Reporter/Transcriber: Darby Ginsberg, (914) 390-4102. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/27/2023. Redacted Transcript Deadline set for 3/9/2023. Release of Transcript Restriction set for 5/8/2023..(Ginsberg, Darby) (Entered: 02/06/2023)

Feb. 6, 2023

Feb. 6, 2023

PACER
71

LETTER RESPONSE in Support of Motion addressed to Judge Philip M. Halpern from John Nonna dated February 8, 2022 re: 68 LETTER MOTION for Conference re: Motion to Intervene by All Womens Medical Office Based Surgery, PLLC addressed to Judge Philip M. Halpern from Natasha N. Reed dated February 3, 2023. . Document filed by County of Westchester..(Nonna, John) (Entered: 02/08/2023)

Feb. 8, 2023

Feb. 8, 2023

PACER

Case Details

State / Territory: New York

Case Type(s):

Speech and Religious Freedom

Reproductive Issues

Key Dates

Filing Date: Aug. 15, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two pro-life "sidewalk counselors" seeking to engage with women entering abortion clinics and discuss abortion alternatives.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Westchester County, New York (New York), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1985

Title VII (including PDA), 42 U.S.C. § 2000e

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Access to public accommodations - privately owned

Buildings

Disability and Disability Rights:

Sidewalks

Medical/Mental Health Care:

Medical care, general

Reproductive rights:

Abortion