Case: National Institute for Family and Life Advocates v. James

COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF against Letitia A. James $ 405 receipt number ANYWDC-5190433, filed by Choose Life of Jamestown, Inc., Gianna's House, Inc., National Institute of Family and Life Advocates. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibit Ex. A, # 4 Exhibit Ex. B, # 5 Exhibit Ex. C, # 6 Exhibit Ex. D, # 7 Exhibit Ex. E, # 8 Exhibit Ex. F, # 9 Exhibit Ex. G, # 10 Exhibit Ex. H, # 11 Exhibit Ex. I, # 12 Exhibit Ex. J, # 13 Exhibit Ex. K)(McCartin, Michael) (Entered: 05/24/2024)

1 Civil Cover Sheet

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2 Summons

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3 Exhibit Ex. A

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4 Exhibit Ex. B

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5 Exhibit Ex. C

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6 Exhibit Ex. D

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7 Exhibit Ex. E

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8 Exhibit Ex. F

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9 Exhibit Ex. G

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10 Exhibit Ex. H

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11 Exhibit Ex. I

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12 Exhibit Ex. J

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13 Exhibit Ex. K

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CONTINUATION OF EXHIBITS to 1 Complaint,, . (Attachments: # 1 Exhibit Ex. M, # 2 Exhibit Ex. N, # 3 Exhibit Ex. O, # 4 Exhibit Ex. P, # 5 Exhibit Ex. Q, # 6 Exhibit Ex. R, # 7 Exhibit Ex. S, # 8 Exhibit Ex. T, # 9 Exhibit Ex. U, # 10 Exhibit Ex. V, # 11 Exhibit Ex. W)(McCartin, Michael) (Entered: 05/24/2024)

MOTION for Preliminary Injunction by Choose Life of Jamestown, Inc., Gianna's House, Inc., National Institute of Family and Life Advocates. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A: Expert Declaration of Christina Francis, M.D., # 3 Exhibit B: Declaration and Affirmation of Maranda Halstead, # 4 Exhibit C: Complaint, Heartbeat International Inc v. James, # 5 List of Exhibits and Witnesses in Support of Motion, # 6 Verified Complaint, # 7 Text of Proposed Order)(McCartin, Michael) (Entered: 05/24/2024)

1 Memorandum in Support

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2 Exhibit A: Expert Declaration of Christina Francis, M.D.

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3 Exhibit B: Declaration and Affirmation of Maranda Halstead

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4 Exhibit C: Complaint, Heartbeat International Inc v. James

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5 List of Exhibits and Witnesses in Support of Motion

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6 Verified Complaint

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7 Text of Proposed Order

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Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK)

Case Assigned/Reassigned

AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's ADR webpage and/or contact the Court's ADR Administrator at adrprogram@nywd.uscourts.gov.' Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the ADR Plan and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan. (TMK)

Automatic Referral to Mediation

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (TMK)

Notice of Availability of Magistrate Judge

Summons Issued as to Letitia James - U.S. Attorney General. (TMK) (Entered: 05/28/2024)

TEXT ORDER re 3 Plaintiffs' Motion for Preliminary Injunction. The parties are ordered to appear for a status conference on 5/31/2024, at 2:30 PM, in Chautauqua Courtroom, 8th Floor East, 2 Niagara Square, Buffalo, NY before Hon. John L. Sinatra, Jr., for scheduling purposes. Plaintiffs are ordered to serve (1) the summons and complaint, (2) all papers related to their motion for a preliminary injunction, and (3) this text order, upon Defendants in accordance with the applicable rule(s) of service such that Defendants are on notice by May 29, 2024. Plaintiffs shall file proof of service by May 30, 2024. Counsel may contact the Court for information about participating in the status conference telephonically. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 5/28/2024. (KEF) (Entered: 05/28/2024)

NOTICE of Appearance by Denis A. Kitchen, Jr on behalf of All Plaintiffs (Kitchen, Denis) (Entered: 05/29/2024)

Remark

ATTENTION ALL PLAINTIFFS OR INTERVENORS: Pursuant to Fed. R. Civ. P.7.1 and/or General Order No. 157. In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Disclosure Statements are to be filed within seven (7) days of this notice. (KM)

AMENDED DOCUMENT by Choose Life of Jamestown, Inc., Gianna's House, Inc., National Institute for Family and Life Advocates. Amendment to 6 Notice of Appearance of Denis A. Kitchen. (Kitchen, Denis) (Entered: 05/30/2024)

MOTION to appear pro hac vice J. Caleb Dalton ( Filing fee $ 200 receipt number ANYWDC-5193361.) by Choose Life of Jamestown, Inc., Gianna's House, Inc., National Institute for Family and Life Advocates. (Attachments: # 1 Admission Petition Form, # 2 Affidavit Affidavit of Sponsoring Attorney Denis A. Kitchen, # 3 Attorney Oath, # 4 Civility Principles and Guidelines Oath)(Kitchen, Denis) (Entered: 05/30/2024)

AFFIDAVIT of Service for Summons & Verified Complaint for Declaratory Judgment and Injunctive Relief; Civil Cover Sheet; Exhibits A-W; Notice of Motion for Preliminary Injunction; Memorandum of Law in Support of Plaintiffs Motion for Preliminary Injunction; Exhibits A-C; List of Exhibits and Witnesses in Support of Plaintiffs Motion for Preliminary Injunction; Verified Complaint for Declaratory Judgment and Injunctive Relief; [Proposed] Order Granting Plaintiffs Motion for Preliminary Injunction; ECF Confirmation of Filing; Order Setting Status Conference; Notice of Electronic Filing - Continuation of Exhibits; Notice of Electronic Filing - Complaint for Declaratory Judgment and Injunctive Relief by Cavalier CPS served on Attorney General of New York Letitia James on 05/29/2024, filed by Choose Life of Jamestown, Inc., Gianna's House, Inc., National Institute for Family and Life Advocates. (Kitchen, Denis) (Entered: 05/30/2024)

NOTICE of Appearance by Alyssa Jordan Pantzer on behalf of Letitia James (Pantzer, Alyssa) (Entered: 05/31/2024)

Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Status Conference held on 5/31/2024 re 3 Plaintiffs' Motion for Preliminary Injunction. Court sets briefing schedule. Defendant's response is due July 29, 2024. Plaintiffs' reply is due August 12, 2024. Preliminary Injunction Hearing set for August 16, 2024 at 10:30 AM.Appearances. For plaintiffs (by teleconference): J. Caleb Dalton, Michael McCartin, and Denis Kitchen. For defendant: Alyssa Pantzer, Michael Russo, and (by teleconference) Christopher Boyd. (Court Reporter Bonnie Weber) (KLH) (Entered: 05/31/2024)

TEXT ORDER granting 8 Motion for Pro Hac Vice. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 6/3/24. (MEM)Clerk to Follow up (Entered: 06/03/2024)

TRANSCRIPT REQUEST of 05/31/2024 Status Conference by Choose Life of Jamestown, Inc., Gianna's House, Inc., National Institute for Family and Life Advocates for proceedings held on 05/31/2024 before Judge John L. Sinatra, Jr... (Dalton, Jonathan) (Entered: 06/03/2024)

Corporate Disclosure Statement by Gianna's House, Inc.. (Dalton, Jonathan) (Entered: 06/05/2024)

Corporate Disclosure Statement by National Institute for Family and Life Advocates. (Dalton, Jonathan) (Entered: 06/05/2024)

Corporate Disclosure Statement by Choose Life of Jamestown, Inc.. (Dalton, Jonathan) (Entered: 06/05/2024)

RESCHEDULING NOTICE: The August 16, 2024 Preliminary Injunction Hearing is RESCHEDULED (ADVANCED) to August 15, 2024 at 10:30 AM in Chautauqua Courtroom, 8th Floor East, 2 Niagara Square, Buffalo, NY before Hon. John L. Sinatra, Jr. (KLH)

Terminate Hearings

Letter filed by Letitia James Requesting Page-Limit Enlargement. (Attachments: # 1 Exhibit Exhibit A - July 15 and 16 Email Exchange)(Pantzer, Alyssa) (Entered: 07/17/2024)

TEXT ORDER. The request set forth in the 17 letter is granted. Defendant may exceed the page limit for her opposition brief by 15 pages. In addition, Plaintiffs may also exceed the page limit for their reply brief by 15 pages. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 7/18/24. (MEM) (Entered: 07/18/2024)

NOTICE of Appearance by Daniel Ryan Maguire on behalf of Letitia James (Maguire, Daniel) (Entered: 07/26/2024)

RESPONSE in Opposition re 3 MOTION for Preliminary Injunction filed by Letitia James. (Attachments: # 1 Declaration of Louisa Irving, # 2 Declaration of Dr. Courtney Schreiber, # 3 Exhibit A - Schreiber CV, # 4 Exhibit B - Grossman 2015, # 5 Exhibit C - Creinin 2019, # 6 Exhibit D - Delgado 2018, # 7 Exhibit E - Grossman 2018, # 8 Exhibit F - Creinin 2020, # 9 Exhibit G - Stifani 2023)(Maguire, Daniel) (Entered: 07/29/2024)

1 Declaration of Louisa Irving

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2 Declaration of Dr. Courtney Schreiber

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3 Exhibit A - Schreiber CV

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4 Exhibit B - Grossman 2015

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5 Exhibit C - Creinin 2019

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6 Exhibit D - Delgado 2018

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7 Exhibit E - Grossman 2018

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8 Exhibit F - Creinin 2020

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9 Exhibit G - Stifani 2023

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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on May 31, 2024, before District Judge, the Honorable John L. Sinatra, Jr. Court Reporter/Transcriber Bonnie S. Weber, Bonnie_Weber@nywd.uscourts.gov. 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 8/29/2024. Redacted Transcript Deadline set for 9/9/2024. Release of Transcript Restriction set for 11/6/2024. (BSW) (Entered: 08/08/2024)

MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5253385.) by Choose Life of Jamestown, Inc., Gianna's House, Inc., National Institute for Family and Life Advocates. (Attachments: # 1 (1) Admission Petition Form, # 2 (2) Admission Sponsoring Affidavit, # 3 (3) Attorney's Oath, # 4 (4) Civility Principles and Guidelines Oath, # 5 (5) Attorney Database & ECF Registration Form)(Kitchen, Denis) (Entered: 08/09/2024)

MOTION to appear pro hac vice Erik C. Baptist ( Filing fee $ 200 receipt number ANYWDC-5253398.) by Choose Life of Jamestown, Inc., Gianna's House, Inc., National Institute for Family and Life Advocates. (Attachments: # 1 Admission Petition Form, # 2 Admission Sponsoring Affidavit, # 3 Attorney's Oath, # 4 Civility Principles and Guidelines Oath, # 5 Attorney Database & ECF Registration Form)(Kitchen, Denis) (Entered: 08/09/2024)

MOTION to appear pro hac vice Gabriella M. McIntyre ( Filing fee $ 200 receipt number ANYWDC-5253415.) by Choose Life of Jamestown, Inc., Gianna's House, Inc., National Institute for Family and Life Advocates. (Attachments: # 1 Admission Petition Form, # 2 Admission Sponsoring Affidavit, # 3 Attorney's Oath, # 4 Civility Principles and Guidelines Oath, # 5 Attorney Database & ECF Registration Form)(Kitchen, Denis) (Entered: 08/09/2024)

MOTION to appear pro hac vice Lincoln Davis Wilson ( Filing fee $ 200 receipt number ANYWDC-5253418.) by Choose Life of Jamestown, Inc., Gianna's House, Inc., National Institute for Family and Life Advocates. (Attachments: # 1 Admission Petition Form, # 2 Admission Sponsoring Affidavit, # 3 Attorney's Oath, # 4 Civility Principles and Guidelines Oath)(Kitchen, Denis) (Entered: 08/09/2024)

E-Filing Notification

E-Filing Notification: 25 MOTION to appear pro hac vice. Filer must file the Attorney Database & ECF Registration form using the (Continuation of Exhibits) event. (KM)

CONTINUATION OF EXHIBITS to 25 MOTION to appear pro hac vice Lincoln Davis Wilson ( Filing fee $ 200 receipt number ANYWDC-5253418.) . (Kitchen, Denis) (Entered: 08/12/2024)

REPLY to Response to Motion re 3 MOTION for Preliminary Injunction filed by Choose Life of Jamestown, Inc., Gianna's House, Inc., National Institute for Family and Life Advocates. (Attachments: # 1 Exhibit D Appendix A, # 2 Exhibit E Rebuttal Expert Declaration of C. Francis, M.D., # 3 Exhibit F Supplemental Declaration of T. A. Glessner, J.D., # 4 Exhibit G Supplemental Declaration of J. Andersen, # 5 Exhibit H Supplemental Declaration of J. Noce)(Dalton, Jonathan) (Entered: 08/12/2024)

CONTINUATION OF EXHIBITS Exhibit A to Exhibit E - Rebuttal Expert Declaration of C. Francis, M.D.. (Dalton, Jonathan) (Entered: 08/12/2024)

TEXT ORDER granting 22 Motion for Pro Hac Vice; granting 23 Motion for Pro Hac Vice; granting 24 Motion for Pro Hac Vice. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. (MEM)Clerk to Follow up (Entered: 08/13/2024)

TEXT ORDER granting 25 Motion for Pro Hac Vice. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 8/14/24. (MEM)Clerk to Follow up (Entered: 08/14/2024)

Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Preliminary Injunction Hearing held on 8/15/2024. Written decision to follow. Appearances. For plaintiffs: Caleb Dalton and Denis Kitchen. For defendant: Daniel Maguire and Alyssa Pantzer. (Court Reporter Bonnie Weber) (KLH) (Entered: 08/15/2024)

MOTION to Consolidate Cases by SUMMIT LIFE CENTER, INC., The Evergreen Association, Inc. d/b/a Expectant Mother Care and EMC Frontline Pregnancy Centers. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Ferrara, Christopher) (Entered: 08/15/2024)

**DISREGARD, ENTERED IN ERROR**E-Filing Notification: 32 MOTION to Consolidate Cases. This Motion needs to be filed in both cases when event MOTION TO CONSOLIDATE CASES is used; this Motion was not filed in case 24-cv-741, file Motion accordingly. (DDS) Modified on 8/16/2024 (SG).

E-Filing Notification

DISREGARD E-Filing Notification: instructing party to refile motion in case 24-cv-741, entry was made in error. (SG)

TEXT ORDER re 32 MOTION to Consolidate Cases: Responses due 8/22/2024. Issued by Hon. John L. Sinatra, Jr. on 8/20/2024. (KLH) (Entered: 08/20/2024)

Letter filed by Letitia James Addressing Summit Plaintiffs' Consolidation Motion. (Pantzer, Alyssa) (Entered: 08/21/2024)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 15, 2024, before District Judge, the Honorable John L. Sinatra, Jr. Court Reporter/Transcriber Bonnie S. Weber, Bonnie_Weber@nywd.uscourts.gov. 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 9/12/2024. Redacted Transcript Deadline set for 9/23/2024. Release of Transcript Restriction set for 11/20/2024. (BSW) (Entered: 08/22/2024)

RESPONSE to Motion re 32 MOTION to Consolidate Cases filed by Choose Life of Jamestown, Inc., Gianna's House, Inc., National Institute for Family and Life Advocates. (Dalton, Jonathan) (Entered: 08/22/2024)

ORDER granting 3 Motion for Preliminary Injunction. Signed by Hon. John L. Sinatra, Jr. on 8/22/24. Please note: This docket entry does not contain every detail of this order. It is your responsibility to read and download the pdf of this document for reference.

ORDER granting 32 Motion to Consolidate Cases; 24-cv-741 shall be deemed filed in 24-cv-514; all future filings shall be filed in 24-cv-514; 24-cv-741 shall be administratively terminated and the parties shall utilize the caption set forth in this order. Signed by Hon. John L. Sinatra, Jr. on 8/26/24. (DDS)

TEXT ORDER. The parties shall confer and file a proposed schedule for responses to the Complaint and Supplemental Complaint, as referenced at Dkt. 38. The proposal is due September 13, 2024. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. (MEM) (Entered: 09/04/2024)

Letter filed by Letitia James . (Maguire, Daniel) (Entered: 09/13/2024)

TEXT ORDER re: 40 Letter. The parties shall appear for a status conference on September 19, 2024 at 3:30 p.m. in Chautauqua Courtroom, 8th Floor East, 2 Niagara Square, Buffalo, NY before Hon. John L. Sinatra, Jr. Counsel may participate by telephone, and may contact the Court for dial-in information, if necessary. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/16/2024. (KLH) (Entered: 09/16/2024)

NOTICE of MOTION to Withdrawal as Attorney: Michael G. McCartin... It was a pleasure to watch the oral argument in the Courtroom of the Hon. John L. Sinatra, Jr., United States District Judge, at the AMAZING ROBERT H. JACKSON United States Courthouse in good old Buffalo, NY no longer appearing for Plaintiff National Institute of Family and Life Advocates. CLERK TO FOLLOW UP. (Attachments: # 1 Appendix The Little Lady who let the world know what she thought about the Defendant)(McCartin, Michael) Modified to convert to pending motion on 9/19/2024 (DDS). (Entered: 09/18/2024)

NOTICE OF APPEAL by Letitia James. Filing fee $ 605, receipt number ANYWDC-5283689. Appeal Record due by 9/25/2024. (Maguire, Daniel) (Entered: 09/18/2024)

DESIGNATION of Record on Appeal by Letitia James re 43 Notice of Appeal CLERK TO FOLLOW UP (Attachments: # 1 Exhibit A)(Maguire, Daniel) (Entered: 09/18/2024)

Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (DDS)

CLERKS CERTIFICATE filed and electronically sent to Court of Appeals re 43 Notice of Appeal. (DDS) (Entered: 09/19/2024)

E-Filing Notification: Modified to convert to pending Motion re 42 MOTION to Withdraw as Attorney. (DDS)

Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Status conference held on 9/19/2024. Defendant requests the Court stay this case entirely, pending the outcome of the pending appeal before the Second Circuit as to NIFLA plaintiffs. Counsel for the Summit plaintiffs object to a stay, and request the Court maintain the briefing schedule previously set as to their motion for preliminary injunction. Court advises the parties that it is inclined to stay the case, subject to the defendant's submission of an agreeable proposed order addressing the pending PI motion as to the Summit plaintiffs, and the Summit plaintiffs' opportunity to be heard at the Circuit, should defendant appeal the outcome of that motion. Appearances. For NIFLA plaintiffs (by teleconference): Allison Pope and Erik Baptist. For Summit Life plaintiffs (by teleconference): Christopher Ferrara and Peter Breen. For defendant: Daniel Maguire and Alyssa Pantzer. (Court Reporter Megan Pelka) (KLH) (Entered: 09/23/2024)

TEXT ORDER granting 42 Motion to Withdraw as Attorney. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. (MEM)Clerk to Follow up (Entered: 09/20/2024)

Proposed Pretrial Order by Letitia James. (Maguire, Daniel) (Entered: 09/23/2024)

ORDER STAYING CASE Please note: This docket entry does not contain every detail of this order. It is your responsibility to read and download the pdf of this document for reference. Signed by Hon. John L. Sinatra, Jr. on 9/24/24. (DDS)

NOTICE OF CROSS APPEAL as to 37 Order on Motion for Preliminary Injunction, by Choose Life of Jamestown, Inc., Gianna's House, Inc., National Institute of Family and Life Advocates. Filing fee $ 605, receipt number ANYWDC-5295871. (Dalton, Jonathan) (Entered: 10/02/2024)

Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (DDS)

Within 14 days of filing the Notice of Appeal, the appellant is required to electronically file with the District Court an index of filed documents it wishes the Court of Appeals to consider, called Designation of Record on Appeal. After receipt, the Clerks Office will certify and transmit the index to the Circuit. (DDS)

DESIGNATION of Record on Appeal by Choose Life of Jamestown, Inc., Gianna's House, Inc., National Institute of Family and Life Advocates re 50 Notice of Cross Appeal, CLERK TO FOLLOW UP (Attachments: # 1 Exhibit A)(Dalton, Jonathan) (Entered: 10/16/2024)

CLERKS CERTIFICATE filed and electronically sent to Court of Appeals (DDS) (Entered: 10/17/2024)

NOTICE of Appearance by Peter C. Breen on behalf of Summit Life Center, Inc., The Evergreen Association, Inc., EMC Frontline Pregnancy Centers (Breen, Peter) (Entered: 02/17/2025)

MANDATE of USCA as to 50 Notice of Cross Appeal, filed by National Institute of Family and Life Advocates, Choose Life of Jamestown, Inc., Gianna's House, Inc: Appellees-Cross-Appellants move for voluntary dismissal of their cross-appeal docketed under 24-2630. They also request an extension of time until March 17, 2025 to file their response brief in 24-2481. IT IS HEREBY ORDERED that the unopposed motion is GRANTED. (JHF) (Entered: 02/18/2025)