Case: G.B. v. Nassau County

MOTION for Order to Show Cause For Plaintiffs to Proceed Anonymously by G.B., S.S.. (Attachments: # 1 Memorandum in Support) (Richwalder, Jessica) (Entered: 08/22/2024)

1 Memorandum in Support

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Notice: Re: Incomplete Civil Cover Sheet

MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by G.B., S.S.. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Affidavit and Supporting Documents, # 4 Complaint) (Richwalder, Jessica) (Entered: 08/22/2024)

1 Memorandum in Support

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2 Proposed Order

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3 Affidavit and Supporting Documents

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4 Complaint

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**Notice: Re: Incomplete Civil Cover Sheet. A completed Civil Cover Sheet was not filed - specifically page 2 of the document - please complete all applicable questions under Certificate of Arbitration, Disclosure Statement, NY-E Division of Business Rule 1(d) and Bar Admission. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (LJ)

Civil Cover Sheet.. by G.B., S.S. (Richwalder, Jessica) (Entered: 08/22/2024)

NOTICE of Appearance by William James Paul Tronsor on behalf of All Plaintiffs (aty to be noticed) (Tronsor, William) (Entered: 08/22/2024)

NOTICE of Appearance by Christina N. Asbee on behalf of G.B., S.S. (aty to be noticed) (Asbee, Christina) (Entered: 08/22/2024)

COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-18204882 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by G.B., S.S.. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Exhibit) (Richwalder, Jessica) Modified on 8/23/2024 (AC). (Entered: 08/23/2024)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (AC) (Entered: 08/23/2024)

Case Assigned/Reassigned

Order on Motion to Show Cause

Case Assigned to Judge Joan M. Azrack and Magistrate Judge Steven I. Locke. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (AC)

Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (AC) (Entered: 08/23/2024)

Summons Issued as to Nassau County. (AC) (Entered: 08/23/2024)

Summons Issued as to Nassau County Executive Bruce Blakeman. (AC) (Entered: 08/23/2024)

ORDER: Plaintiffs' motion at DE 2 to proceed anonymously using their stated initials is GRANTED. See Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185 (2d Cir. 2008).The Court has reviewed Plaintiffs' Motion for a Temporary Restraining Order. DE 3 . E.D.N.Y. Local Civil Rule 6.1(d) prohibits ex parte orders to show cause "except upon a clear and specific showing by affidavit that contains good and sufficient reasons why a procedure other than by notice of motion is necessary and states whether a previous application for similar relief has been made." The Court has not identified material compliant with that requirement among the affidavit and supporting materials attached to the motion. DE 3 -3. Plaintiffs shall file a letter by 8/26/2024 at 5:00 PM that specifies how they complied with Local E.D.N.Y. Civil Rule 6.1(d). Ordered by Judge Joan M. Azrack on 8/23/2024. (CB) Modified on 8/26/2024 to correct a clerical error (LC).

AFFIDAVIT/AFFIRMATION re 3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order In Support of Plaintiffs' Motion for an Ex Parte Order by G.B., S.S. (Richwalder, Jessica) (Entered: 08/26/2024)

Scheduling Order

Letter re Local Rule 6.1(d) Affirmation in Support of Ex Parte Motion by G.B., S.S. (Richwalder, Jessica) (Entered: 08/26/2024)

ELECTRONIC SCHEDULING ORDER: The Court declines Plaintiffs' request to ex parte adjudicate the motion at DE 3 insofar as it seeks a temporary restraining order. See DE 3 . Defendants shall file a response to the motion for a temporary restraining order and preliminary injunction by 9/4/2024. Plaintiffs shall serve the Complaint (DE 1 ), injunction motion (DE 3 ) and a copy of this Order upon Defendants and file proof of service by 8/28/2024. Ordered by Judge Joan M. Azrack on 8/26/2024. (CB)

Letter regarding Service by G.B., S.S. (Richwalder, Jessica) (Entered: 08/28/2024)

NOTICE of Appearance by Jessica A Scholes on behalf of All Plaintiffs (aty to be noticed) (Scholes, Jessica) (Entered: 08/29/2024)

SUMMONS Returned Executed by G.B., S.S.. Nassau County served on 8/26/2024, answer due 9/16/2024. (Richwalder, Jessica) (Entered: 09/03/2024)

SUMMONS Returned Executed by G.B., S.S.. Nassau County Executive Bruce Blakeman served on 8/26/2024, answer due 9/16/2024. (Richwalder, Jessica) (Entered: 09/03/2024)

AFFIDAVIT of Service for Judge's ECF Scheduling Order served on Nassau County on 8/28/2024, filed by G.B., S.S.. (Richwalder, Jessica) (Entered: 09/03/2024)

AFFIDAVIT of Service for Judge's ECF Scheduling Order served on Bruce Blakeman on 8/28/2024, filed by G.B., S.S.. (Richwalder, Jessica) (Entered: 09/03/2024)

MEMORANDUM in Opposition re 3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Nassau County, Nassau County Executive Bruce Blakeman. (Rozea, Matthew) (Entered: 09/04/2024)

Scheduling Order

ELECTRONIC SCHEDULING ORDER: Plaintiffs shall file by 9/11/2024 a reply brief in support of their motion at DE 3 for a temporary restraining order and preliminary injunction. Ordered by Judge Joan M. Azrack on 9/4/2024. (CB)

Scheduling Order

ELECTRONIC SCHEDULING ORDER: Attorney Brian McLaughlin filed Defendants' opposition to Plaintiffs' injunction motion on 9/4/2024 (DE 19 ) but has not yet filed a notice of appearance. Each attorney must "file a notice of appearance... promptly upon the attorney's first appearance or filing in the case." E.D.N.Y. Loc. Civ. R. 1.4. Accordingly, Mr. McLaughlin shall file a notice of appearance forthwith. Ordered by Judge Joan M. Azrack on 9/6/2024. (CB)

REPLY in Support re 3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by G.B., S.S.. (Attachments: # 1 Affidavit) (Richwalder, Jessica) (Entered: 09/11/2024)

MOTION to Amend/Correct/Supplement Leave to Supplement Evidence in Support by G.B., S.S.. (Attachments: # 1 Exhibit Supplemental Evidence) (Richwalder, Jessica) (Entered: 09/20/2024)

MOTION for pre motion conference by Nassau County, Nassau County Executive Bruce Blakeman. (Rozea, Matthew) (Entered: 09/20/2024)

RESPONSE to Motion re 22 MOTION for pre motion conference filed by G.B., S.S.. (Richwalder, Jessica) (Entered: 09/23/2024)

Order on Motion for Pre Motion Conference AND Order on Motion to Amend/Correct/Supplement

ORDER: Plaintiffs' motion at DE 21 to supplement their preliminary injunction motion (DE 3 ) with the materials at DE 21 -1 is GRANTED. Defendants' request at DE 22 for a pre-motion conference, pursuant to the undersigned's Individual Rule IV.B, concerning an anticipated motion to dismiss this case is DENIED WITHOUT PREJUDICE to renew, if necessary, after the Court adjudicates Plaintiffs' motion for a preliminary injunction. Ordered by Judge Joan M. Azrack on 9/24/2024. (CB) Modified on 9/24/2024 to change a clerical error (LC).

MEMORANDUM & ORDER DISMISSING CASE: Given Plaintiffs' lack of standing for the reasons stated above, the Complaint is DISMISSED without prejudice and without leave to amend, and Plaintiffs' injunction motion is accordingly DENIED AS MOOT. The Clerk of the Court is respectfully directed to close this case. So Ordered by Judge Joan M. Azrack on 9/25/2024. (GO) (Entered: 09/25/2024)

CLERK'S JUDGMENT: ORDERED AND ADJUDGED that Plaintiffs G.B. and S.S. take nothing of Defendants Nassau County and Nassau County Executive Bruce Blakeman; that the Complaint is dismissed without prejudice and without leave to amend; that Plaintiffs' injunction motion is denied as moot; and that this case is closed. Ordered by Clerk of Court on 9/26/2024. (JT) (Entered: 09/26/2024)