Case: Briskin v. City of New York

1:24-cv-03557 | U.S. District Court for the Southern District of New York

Filed Date: May 9, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

[This summary is temporary while we research the case.] In this lawsuit, filed on May 9, 2024, in U.S. District Court for the Southern District of New York, plaintiffs sued the City of New York and various city officials arguing that the City's health plan discriminated against gay male couples by denying coverage of in vitro fertilization (IVF) benefits. The plaintiffs were two gay men, in a couple, who were denied coverage for IVF benefits by the health insurance provided by the City. The pla…

[This summary is temporary while we research the case.]

In this lawsuit, filed on May 9, 2024, in U.S. District Court for the Southern District of New York, plaintiffs sued the City of New York and various city officials arguing that the City's health plan discriminated against gay male couples by denying coverage of in vitro fertilization (IVF) benefits.

The plaintiffs were two gay men, in a couple, who were denied coverage for IVF benefits by the health insurance provided by the City. The plaintiffs argued that the city defined infertility in an exclusionary manner that made single female employees, female employees with male partners, female employees with female partners, and male employees with female partners always potentially eligible for some IVF benefits under the City’s healthcare plan, but gay male employees were never eligible. The plaintiffs alleged that the defendants violated Title VII of the Civil Rights Act of 1964, the Equal Protection and Due Process Clauses of the Fourteenth Amendment, and New York State Human Rights Law. The case was assigned to Judge J. Paul Oetken and, on December 17, 2024, the case was reassigned to Judge Jeannette A. Vargas.

This case is ongoing as of December 2024. 

 

Summary Authors

Cara Claflin (12/20/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68514200/parties/briskin-v-city-of-new-york/


Judge(s)

Oetken, James Paul (New York)

Attorney for Plaintiff

Berman, David Benjamin (New York)

Romer-Friedman, Peter (New York)

Attorney for Defendant

Corinthian, Shemori (New York)

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Documents in the Clearinghouse

Document
5

1:24-cv-03557

Class Action Complaint

May 10, 2024

May 10, 2024

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68514200/briskin-v-city-of-new-york/

Last updated Jan. 30, 2025, 1:32 a.m.

ECF Number Description Date Link Date / Link
1

FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against All Plaintiffs. (Filing Fee $ 405.00, Receipt Number ANYSDC-29331844)Document filed by Corey Briskin, Nicholas Maggipinto..(Romer-Friedman, Peter) Modified on 5/10/2024 (vf). (Entered: 05/09/2024)

May 9, 2024

May 9, 2024

RECAP
2

CIVIL COVER SHEET filed..(Romer-Friedman, Peter) (Entered: 05/09/2024)

May 9, 2024

May 9, 2024

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, Eric L. Adams, Renee Campion, Bill de Blasio, Robert Linn, re: 1 Complaint. Document filed by Corey Briskin, Nicholas Maggipinto..(Romer-Friedman, Peter) (Entered: 05/09/2024)

May 9, 2024

May 9, 2024

PACER

Notice to Attorney Regarding Party Modification

May 10, 2024

May 10, 2024

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Peter Romer-Friedman. The party information for the following party/parties has been modified: Corey Briskin, Nicholas Maggipinto, Eric L. Adams, Renee Campion. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)

May 10, 2024

May 10, 2024

PACER

Notice to Attorney Regarding Deficient Pleading

May 10, 2024

May 10, 2024

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Peter Romer-Friedman to RE-FILE re: Document No. 1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the All Plaintiff radio button was selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf)

May 10, 2024

May 10, 2024

PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

May 10, 2024

May 10, 2024

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Peter Romer-Friedman. The following case opening statistical information was erroneously selected/entered: Dollar Demand $10000000000; County code Albany. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to Blank; the County code has been modified to Kings. (vf)

May 10, 2024

May 10, 2024

PACER

Case Opening Initial Assignment Notice

May 10, 2024

May 10, 2024

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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)

May 10, 2024

May 10, 2024

PACER

Case Designation

May 10, 2024

May 10, 2024

PACER

Magistrate Judge Valerie Figueredo is designated to handle matters that may be referred in this case. 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)

May 10, 2024

May 10, 2024

PACER

Case Designated ECF

May 10, 2024

May 10, 2024

PACER

Case Designated ECF. (vf)

May 10, 2024

May 10, 2024

PACER
4

ELECTRONIC SUMMONS ISSUED as to Eric L. Adams, Renee Campion, City of New York, Bill De Blasio, Robert Linn. (vf) (Entered: 05/10/2024)

May 10, 2024

May 10, 2024

PACER
5

COMPLAINT against Eric L. Adams, Renee Campion, City of New York, Bill De Blasio, Robert Linn, Eric L. Adams, Renee Campion. Document filed by Corey Briskin, Nicholas Maggipinto..(Romer-Friedman, Peter) (Entered: 05/10/2024)

May 10, 2024

May 10, 2024

Clearinghouse
6

WAIVER OF SERVICE RETURNED EXECUTED. All Defendants. Document filed by Nicholas Maggipinto, Corey Briskin..(Romer-Friedman, Peter) (Entered: 05/30/2024)

May 30, 2024

May 30, 2024

RECAP
7

NOTICE OF APPEARANCE by Shemori Corinthian on behalf of Eric L. Adams, Eric L. Adams, Renee Campion, Renee Campion, City of New York, Bill De Blasio, Robert Linn..(Corinthian, Shemori) (Entered: 07/05/2024)

July 5, 2024

July 5, 2024

RECAP
8

FIRST MOTION for Extension of Time to File Answer or Motion in Response to The Complaint. Document filed by Eric L. Adams, Eric L. Adams, Renee Campion, Renee Campion, City of New York, Bill De Blasio, Robert Linn..(Corinthian, Shemori) (Entered: 07/05/2024)

July 5, 2024

July 5, 2024

RECAP
9

LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Peter Romer-Friedman, Counsel to Plaintiffs dated 07/08/2024 re: 8 FIRST MOTION for Extension of Time to File Answer or Motion in Response to The Complaint. . Document filed by Corey Briskin, Nicholas Maggipinto..(Romer-Friedman, Peter) (Entered: 07/08/2024)

July 8, 2024

July 8, 2024

PACER
10

LETTER REPLY to Response to Motion addressed to Judge J. Paul Oetken from Shemori Corinthian dated July 10, 2024 re: 8 FIRST MOTION for Extension of Time to File Answer or Motion in Response to The Complaint. . Document filed by Renee Campion, Renee Campion, City of New York, Bill De Blasio, Robert Linn..(Corinthian, Shemori) (Entered: 07/10/2024)

July 10, 2024

July 10, 2024

RECAP
11

ORDER granting in part and denying in part 8 Letter Motion for Extension of Time to Answer: Defendants shall respond to the complaint on or before September 13, 2024. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (nhb) (Entered: 07/12/2024)

July 12, 2024

July 12, 2024

PACER

Order on Motion for Extension of Time to Answer

July 12, 2024

July 12, 2024

PACER
12

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Patrick David Lopez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29600089. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Corey Briskin, Nicholas Maggipinto. (Attachments: # 1 Affidavit Declaration of Patrick David Lopez, # 2 Proposed Order Proposed Order).(Romer-Friedman, Peter) Modified on 7/15/2024 (bc). (Entered: 07/12/2024)

July 12, 2024

July 12, 2024

PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

July 15, 2024

July 15, 2024

PACER

Notice Regarding Deficient Motion to Appear Pro Hac vice

July 15, 2024

July 15, 2024

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 12 MOTION for Patrick David Lopez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29600089. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Declaration needs wet signature;. 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.. (bc)

July 15, 2024

July 15, 2024

PACER

Notice Regarding Pro Hac Vice Motion

July 15, 2024

July 15, 2024

PACER
13

MOTION for Patrick David Lopez to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Corey Briskin, Nicholas Maggipinto. (Attachments: # 1 Affidavit Declaration of Patrick David Lopez, # 2 Proposed Order Proposed Order).(Romer-Friedman, Peter) (Entered: 07/15/2024)

July 15, 2024

July 15, 2024

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 13 MOTION for Patrick David Lopez 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. (bc)

July 15, 2024

July 15, 2024

PACER
14

ORDER: Initial Conference set for 9/19/2024 at 12:00 PM before Judge J. Paul Oetken. Counsel should call (888) 557-8511 at the scheduled time. The access code is 9300838. Counsel who appear at the pretrial conference must be authorized to negotiate terms of settlement. Members of the public may join but are instructed to place their phones on mute. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/23/2024) (vfr) (Entered: 07/23/2024)

July 23, 2024

July 23, 2024

RECAP
15

ORDER granting 13 Motion to Appear Pro Hac Vice. Granted. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh) (Entered: 07/26/2024)

July 26, 2024

July 26, 2024

PACER

Order on Motion to Appear Pro Hac Vice

July 26, 2024

July 26, 2024

PACER
16

ANSWER to 5 Complaint. Document filed by Eric L. Adams, Eric L. Adams, Renee Campion, Renee Campion, City of New York, Bill De Blasio, Robert Linn..(Corinthian, Shemori) (Entered: 09/13/2024)

Sept. 13, 2024

Sept. 13, 2024

RECAP
17

ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 9/30/2024. (Signed by Judge Loretta A. Preska on 10/1/2015) (rpr) (Entered: 09/16/2024)

Sept. 16, 2024

Sept. 16, 2024

RECAP
18

PROPOSED SCHEDULING ORDER. Document filed by Corey Briskin, Nicholas Maggipinto..(Romer-Friedman, Peter) (Entered: 09/16/2024)

Sept. 16, 2024

Sept. 16, 2024

RECAP

Pretrial Conference - Initial

Sept. 19, 2024

Sept. 19, 2024

PACER

Minute Entry for proceedings held before Judge J. Paul Oetken: Telephonic Initial Pretrial Conference held on 9/19/2024. Next conference set for 12/18/2024 at 12:30 PM in Courtroom 706 of 40 Foley Square. (bh)

Sept. 19, 2024

Sept. 19, 2024

PACER
19

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Any motion to amend or to join additional parties shall be filed within 180 days after the Answer. Depositions shall be completed by 16 months from the Answer. All expert discovery, including expert depositions, shall be completed no later than 16 months from the Answer. The parties shall be ready for trial on October 1, 2026. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is one week. SO ORDERED. Fact Discovery due by 1/16/2026. Case Management Conference set for 12/18/2024 at 12:30 PM before Judge J. Paul Oetken. Ready for Trial by 10/1/2026. (Signed by Judge J. Paul Oetken on 9/19/2024) (vfr) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

RECAP
20

NOTICE OF APPEARANCE by David Benjamin Berman on behalf of Corey Briskin, Nicholas Maggipinto..(Berman, David) (Entered: 10/01/2024)

Oct. 1, 2024

Oct. 1, 2024

PACER

Notice of Mediator Assignment

Oct. 2, 2024

Oct. 2, 2024

PACER

NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 11/1/2024.(sge)

Oct. 2, 2024

Oct. 2, 2024

PACER

Mediation Conference Scheduled

Oct. 4, 2024

Oct. 4, 2024

PACER

Mediation Conference Scheduled

Oct. 18, 2024

Oct. 18, 2024

PACER

FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 3/10/2025 at 10:00 AM in Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007.(sni)

Oct. 18, 2024

Oct. 18, 2024

PACER
21

ORDER: The conference previously scheduled for December 18, 2024 is hereby adjourned and will be rescheduled in due course. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (djh) (Entered: 12/13/2024)

Dec. 13, 2024

Dec. 13, 2024

PACER

Order

Dec. 13, 2024

Dec. 13, 2024

PACER

Notice of Case Assignment/Reassignment

Dec. 17, 2024

Dec. 17, 2024

PACER

NOTICE OF CASE REASSIGNMENT to Judge Jeannette A. Vargas. Judge J. Paul Oetken is no longer assigned to the case. (tro)

Dec. 17, 2024

Dec. 17, 2024

PACER

Case Details

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: May 9, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs are two gay men, who are a couple, who were denied coverage for IVF benefits by their insurance provided by the City of New York.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of New York, City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

State Anti-Discrimination Law

Constitutional Clause(s):

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination Basis:

Sex discrimination

Sexual orientation

Affected Sex/Gender(s):

Male

LGBTQ+:

LGBTQ+

Medical/Mental Health Care:

Medical care, general

Reproductive rights:

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