Case: CompassCare v. Cuomo

CompassCare v. Hochul

U.S. Court of Appeals for the Second Circuit

COMPLAINT against Andrew M. Cuomo, Lettia James, Roberta Reardon (Filing fee $400 receipt number ANYNDC-4943752) filed by First Bible Baptist Church, National Institute of Family and Life Advocates, CompassCare. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Civil Cover Sheet)(mgh) (Entered: 11/15/2019)

1 Exhibit(s) 1

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2 Exhibit(s) 2

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3 Exhibit(s) 3

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4 Exhibit(s) 4

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5 Exhibit(s) 5

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6 Civil Cover Sheet

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Summons Issued as to All Defendants. (Attachments: # 1 Summons Issued as to Letitia James, # 2 Summons Issued as to Roberta Reardon)(mgh) (Entered: 11/15/2019)

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/20/2020 09:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/13/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) (Entered: 11/15/2019)

NOTICE of Admission Requirement as to Party CompassCare; National Institute of Family and Life Adovcates and Baptist Church; Attorney Kevin Theriot and Kenneth J. Connelly, Email address is ktheriot@ADFlegal.org; kconnelly@ADFlegal.org. Phone number is (480) 444-0020. Admissions due by 11/29/2019. {Notice of Admission requirement sent via regular mail}(mgh) (Entered: 11/15/2019)

MOTION for Limited Admission Pro Hac Vice of Kenneth Connelly Filing fee $100, receipt number ANYNDC-4948688. filed by CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates. (Attachments: # 1 Exhibit(s) Declaration of Sponsor, # 2 Exhibit(s) ECF Registration, # 3 Exhibit(s) Petition for Admission to Practice, # 4 Exhibit(s) Certificates of Good Standing, # 5 Proposed Order/Judgment Proposed Order Granting Petition for Admission Pro Hac Vice) Motions referred to Daniel J. Stewart. (Cortman, David) (Entered: 11/19/2019)

MOTION for Limited Admission Pro Hac Vice of Kevin Theriot Filing fee $100, receipt number ANYNDC-4948722. filed by CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates. (Attachments: # 1 Exhibit(s) Declaration of Sponsor, # 2 Exhibit(s) ECF Registration, # 3 Exhibit(s) Petition for Admission to Practice, # 4 Exhibit(s) Certificates of Good Standing, # 5 Proposed Order/Judgment Proposed Order Granting Petition for Admission to Practice) Motions referred to Daniel J. Stewart. (Cortman, David) (Entered: 11/19/2019)

TEXT ORDER granting 5 Motion for Limited Admission Pro Hac Vice. Attorney Kenneth J. Connelly is hereby admitted to practice in this action on behalf of Plaintiffs. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 11/20/2019. (mab) (Entered: 11/20/2019)

Order on Motion for Limited Admission Pro Hac Vice

TEXT ORDER granting 6 Motion for Limited Admission Pro Hac Vice. Attorney Kevin H. Theriot is hereby admitted to practice in this action on behalf of Plaintiffs. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 11/20/2019. (mab) (Entered: 11/20/2019)

SUMMONS Returned Executed by First Bible Baptist Church, National Institute of Family and Life Advocates, CompassCare. Andrew M. Cuomo served on 11/19/2019, answer due 12/10/2019. (Cortman, David) (Entered: 11/22/2019)

SUMMONS Returned Executed by First Bible Baptist Church, National Institute of Family and Life Advocates, CompassCare. Roberta Reardon served on 11/19/2019, answer due 12/10/2019. (Cortman, David) (Entered: 11/22/2019)

SUMMONS Returned Executed by First Bible Baptist Church, National Institute of Family and Life Advocates, CompassCare. Letitia James served on 11/19/2019, answer due 12/10/2019. (Cortman, David) (Entered: 11/22/2019)

NOTICE of Appearance by Kenneth Connelly on behalf of CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates (Connelly, Kenneth) (Entered: 11/22/2019)

NOTICE of Appearance by Kevin Theriot on behalf of CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates (Theriot, Kevin) (Entered: 11/22/2019)

NOTICE of Appearance by Adrienne J. Kerwin on behalf of Andrew M. Cuomo, Letitia James, Roberta Reardon (Kerwin, Adrienne) (Entered: 12/09/2019)

STIPULATION Joint Stipulation Requesting Order for Briefing Schedule by CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates submitted to Judge Thomas J. McAvoy. (Connelly, Kenneth) (Entered: 12/10/2019)

TEXT ORDER granting 15 Stipulation for a briefing schedule. Pltf's will file their motion for preliminary injunction by 12/20/19. Defts will file their response by 1/20/20. Pltfs will file their reply to response to motion by 2/14/20. Defts shall file their reply to Pltf's opposition by 2/28/20. Authorized by Senior Judge Thomas J. McAvoy on 12/11/19. (sfp, ) (Entered: 12/11/2019)

Order

MOTION for Preliminary Injunction Motion Hearing set for 3/9/2020 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy Response to Motion due by 2/21/2020 Reply to Response to Motion due by 2/27/2020. filed by CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates. (Attachments: # 1 Memorandum of Law in Support of Motion for Preliminary Injunction, # 2 Affidavit of James R. Harden, # 3 Exhibit(s) A: Excerpted Employee and Volunteer Manual, # 4 Exhibit(s) B: General Orientation Checklist, # 5 Exhibit(s) C. Performance Review, # 6 Exhibit(s) D. Patient Flow Process, # 7 Affidavit of Thomas Glessner, # 8 Affidavit of Kevin Pestke) (Connelly, Kenneth) (Entered: 12/19/2019)

1 Memorandum of Law in Support of Motion for Preliminary Injunction

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2 Affidavit of James R. Harden

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3 Exhibit(s) A: Excerpted Employee and Volunteer Manual

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4 Exhibit(s) B: General Orientation Checklist

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5 Exhibit(s) C. Performance Review

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6 Exhibit(s) D. Patient Flow Process

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7 Affidavit of Thomas Glessner

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8 Affidavit of Kevin Pestke

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TEXT NOTICE: Plaintiff's 17 MOTION for Preliminary Injunction is on Judge McAvoy's 3/9/20 Motion Calendar. Defendant's Response to Motion is due by 1/20/2020. Plaintiff's Reply to Response to Motion is due by 2/14/2020. (sfp, )

Notice of Hearing on Motion

Letter Motion from Adrienne J. Kerwin for Andrew M. Cuomo, Letitia James, Roberta Reardon requesting permission to submit a memorandum of law up to 40 pages submitted to Judge McAvoy . (Kerwin, Adrienne) (Entered: 01/17/2020)

Cross MOTION to Dismiss for Failure to State a Claim and Opposition to Plaintiffs' Motion for a Preliminary Injunction Motion Hearing set for 3/9/2020 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 2/21/2020 Reply to Response to Motion due by 2/27/2020. filed by Andrew M. Cuomo, Letitia James, Roberta Reardon. (Attachments: # 1 Memorandum of Law) (Kerwin, Adrienne) (Entered: 01/20/2020)

1 Memorandum of Law

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TEXT ORDER granting Defendants' 18 Letter Request and accepting the oversized brief. Authorized by Senior Judge Thomas J. McAvoy on 1/23/2020. (amt) (Entered: 01/23/2020)

Order on Letter Request

MOTION to Adjourn Scheduling Conference re 3 G.O. 25 Filing Order, Letter Request filed by CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates. Motions referred to Daniel J. Stewart. (Connelly, Kenneth) (Entered: 01/31/2020)

TEXT ORDER granting Plaintiffs' 21 Letter Motion seeking to adjourn the Rule 16 Initial Conference in this matter. The Rule 16 Initial Conference set for February 20, 2020 before the undersigned and the deadline for the parties to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. SO ORDERED by Magistrate Judge Daniel J. Stewart on 2/4/2020. (mab) (Entered: 02/04/2020)

Order on Motion for Miscellaneous Relief

Letter Motion from Kenneth Connelly for CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates requesting permission to submit a Combined Memorandum of Law up to 40 pages submitted to Judge McAvoy . (Connelly, Kenneth) (Entered: 02/12/2020)

TEXT ORDER granting Pltf's 23 Letter Request to file a 40 page Memo of Law with respect to opposition to Defts' motion to dismiss and in support of Pltf's motion for preliminary injunction. Authorized by Senior Judge Thomas J. McAvoy on 2/13/20. (sfp, ) (Entered: 02/13/2020)

Order on Letter Request

RESPONSE in Opposition re 19 Cross MOTION to Dismiss for Failure to State a Claim and Opposition to Plaintiffs' Motion for a Preliminary Injunction and Reply in Support of Plaintiffs' Motion for Preliminary Injunction filed by CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates. (Connelly, Kenneth) (Entered: 02/14/2020)

REPLY to Response to Motion re 19 Cross MOTION to Dismiss for Failure to State a Claim and Opposition to Plaintiffs' Motion for a Preliminary Injunction filed by Andrew M. Cuomo, Letitia James, Roberta Reardon. (Kerwin, Adrienne) (Entered: 02/28/2020)

TEXT NOTICE to parties advising that the pending 17 and 19 Motions that are on Judge McAvoy's 3/9/20 Motion Calendar are on submit basis, appearances are not required. (sfp, )

Notice (Other)

DECISION & ORDER - That Plaintiffs' 17 motion for preliminary injunction is GRANTED in part and DENIED in part. The motion is GRANTED with respect to the "notice" provision in New York Labor Law § 203-e(6). That provision of the statute may not be enforced against any employer. The Plaintiffs' motion is DENIED in all other respects. The Defendants' 19 motion to dismiss is hereby GRANTED in part and DENIED in part, as follows. The motion is DENIED with respect to Plaintiffs' free speech claim as it relates to the notice provision in Section 203-e(6). The motion is GRANTED in all other respects. Signed by Senior Judge Thomas J. McAvoy on 6/5/2020. (jel, )

MOTION for Extension of Time to File Notice of Appeal filed by CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates. Motions referred to Daniel J. Stewart. (Connelly, Kenneth) (Entered: 06/15/2020)

TEXT ORDER granting Plaintiff's 28 Motion for Extension of Time to File an Appeal. Extension granted up to and including 7/31/2020. Authorized by Senior Judge Thomas J. McAvoy on 6/16/2020. (amt) (Entered: 06/16/2020)

Order on Motion for Extension of Time to File

Letter Motion from Adrienne J. Kerwin for Andrew M. Cuomo, Letitia James, Roberta Reardon requesting extension of time to answer the complaint submitted to Judge Stewart . (Kerwin, Adrienne) (Entered: 06/17/2020)

TEXT ORDER granting Defendants' 30 Letter Request seeking an extension of time to file an Answer to the Complaint in this matter. Defendants shall file an Answer on or before July 17, 2020. SO ORDERED by Magistrate Judge Daniel J. Stewart on 6/18/2020. (mab) (Entered: 06/18/2020)

Order on Letter Request

ANSWER to 1 Complaint, by Andrew M. Cuomo, Letitia James, Roberta Reardon.(Kerwin, Adrienne) (Entered: 07/17/2020)

Joint Letter Motion from Kenneth Connelly for CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates requesting that the Court reset the date for the Rule 16 Conference submitted to Judge Daniel J. Stewart . (Connelly, Kenneth) (Entered: 08/19/2020)

TEXT ORDER: The Rule 16 Initial Conference in this matter is scheduled for October 20, 2020 at 10:00 AM before the undersigned and will be conducted by TELEPHONE. The Court will issue a separate notice setting forth the instructions to connect to the conference call. Counsel are directed to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures by October 13, 2020. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by Magistrate Judge Daniel J. Stewart on 8/20/2020. (mab) (Entered: 08/20/2020)

Order on Letter Request

Letter Motion from Adrienne J. Kerwin for Andrew M. Cuomo, Letitia James, Roberta Reardon requesting extension of time to exchange Rule 26 mandatory disclosures submitted to Judge Stewart . (Kerwin, Adrienne) (Entered: 10/13/2020)

CIVIL CASE MANAGEMENT PLAN by CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates. (Theriot, Kevin) (Entered: 10/13/2020)

TEXT ORDER: Based upon the consent of the parties, Defendants' 35 Letter Request seeking an extension of time to exchange Mandatory Disclosures in this matter is GRANTED. The parties shall exchange Mandatory Disclosures on or before October 20, 2020. SO ORDERED by Magistrate Judge Daniel J. Stewart on 10/14/2020. (mab) (Entered: 10/14/2020)

Order on Letter Request

Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Rule 16 Initial Pretrial Conference held on 10/20/2020. Appearances: Kenneth Connelly, Esq. for Plaintiffs; AAG Adrienne Kerwin for Defendants. The Court hears from counsel as to their positions in this matter and as to how they intend to proceed. Both counsel agree that the remaining issue is narrow and are working together to narrow discovery. Mandatory Disclosures will be provided by today's date. Counsel believe this matter will be decided by summary judgment. Case is opted out of the Court's Mandatory Mediation Program. Deadlines set. Scheduling Order to be issued. (TIME: 10:04AM-10:10AM). (mab)

Pretrial Conference - Initial

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 3-4 Days. Preferred Trial Location: Albany, NY. Joinder of Parties due by 2/1/2021. Amended Pleadings due by 2/1/2021. Discovery due by 3/5/2021. Plaintiffs' Expert Disclosure Deadline is 12/7/2020. Defendants' Expert Disclosure Deadline is 1/19/2021. Rebuttal Expert Disclosure Deadline is 2/3/2021. Motions to be filed by 4/16/2021. Status Report due by 1/22/2021. Signed by Magistrate Judge Daniel J. Stewart on 10/22/2020. (mab) (Entered: 10/22/2020)

TEXT ORDER: The Court held a Rule 16 Initial Conference with the parties on October 20, 2020. The Court, sua sponte, exempts this matter from the Mandatory Mediation Program. SO ORDERED by Magistrate Judge Daniel J. Stewart on 10/22/2020. (mab) (Entered: 10/22/2020)

Order

STATUS REPORT Jointly Filed by CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates. (Connelly, Kenneth) (Entered: 01/22/2021)

Letter Motion from Adrienne J. Kerwin for Andrew M. Cuomo, Letitia James, Roberta Reardon requesting extension of dispositive motion deadline submitted to Judge Stewart . (Kerwin, Adrienne) (Entered: 04/07/2021)

TEXT ORDER granting Defendants' 41 Letter Request seeking an extension of time to file dispositive motions in this matter. Any dispositive motion shall be filed on or before May 21, 2021. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/13/2021. (mab) (Entered: 04/13/2021)

Order on Letter Request

MOTION for Summary Judgment filed by Andrew M. Cuomo, Letitia James, Roberta Reardon. Motion returnable before Judge McAvoy. Response to Motion due by 6/11/2021. Reply to Response to Motion due by 6/18/2021 (Attachments: # 1 Declaration of Adrienne J Kerwin, # 2 Exhibit(s) A to Kerwin Declaration, # 3 Exhibit(s) B to Kerwin Declaration, # 4 Exhibit(s) C to Kerwin Declaration, # 5 Exhibit(s) D to Kerwin Declaration, # 6 Exhibit(s) E to Kerwin Declaration, # 7 Declaration of Maura McCann, # 8 Statement of Material Facts, # 9 Memorandum of Law) (Kerwin, Adrienne) (Entered: 05/21/2021)

1 Declaration of Adrienne J Kerwin

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2 Exhibit(s) A to Kerwin Declaration

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3 Exhibit(s) B to Kerwin Declaration

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4 Exhibit(s) C to Kerwin Declaration

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5 Exhibit(s) D to Kerwin Declaration

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6 Exhibit(s) E to Kerwin Declaration

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7 Declaration of Maura McCann

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8 Statement of Material Facts

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9 Memorandum of Law

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Cross MOTION for Summary Judgment filed by CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates. Motion returnable before Judge McAvoy. Response to Motion due by 6/11/2021. Reply to Response to Motion due by 6/18/2021 (Attachments: # 1 Memorandum of Law, # 2 Affidavit of Kenneth J. Connelly, # 3 Exhibit(s) A: Defendants' Response to Plaintiffs' Interrogatories, # 4 Exhibit(s) B: Defendants' Response to Plaintiffs' Requests for Admission, # 5 Exhibit(s) C: Defendants' Response to Plaintiffs' Request for Production of Documents, # 6 Statement of Material Facts) (Connelly, Kenneth) (Entered: 05/21/2021)

1 Memorandum of Law

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2 Affidavit of Kenneth J. Connelly

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3 Exhibit(s) A: Defendants' Response to Plaintiffs' Interrogatories

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4 Exhibit(s) B: Defendants' Response to Plaintiffs' Requests for Admissi

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5 Exhibit(s) C: Defendants' Response to Plaintiffs' Request for Producti

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6 Statement of Material Facts

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Joint Letter Motion for CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates requesting extension of time to file reply submitted to Judge Stewart . (Connelly, Kenneth) (Entered: 05/27/2021)

TEXT ORDER granting 45 Joint Letter Motion for CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates requesting extension of time to file reply to the 43 MOTION for Summary Judgment and the 44 Cross MOTION for Summary Judgment. Reply to Motion due by 6/25/2021. Approved by Senior District Judge Thomas J. McAvoy on 06/02/2021.(map) (Entered: 06/03/2021)

Order on Letter Request

Letter Motion from Adrienne J. Kerwin for Andrew M. Cuomo, Letitia James, Roberta Reardon requesting extension of briefing schedule submitted to Judge McAvoy . (Kerwin, Adrienne) (Entered: 06/11/2021)

TEXT ORDER granting the parties 47 Joint Letter Motion seeking an extension of the briefing schedule with regarding to the pending 43 MOTION for Summary Judgment and 44 Cross MOTION for Summary Judgment. Opposition to the cross-motions are due by June 18, 2021. Any replies shall be filed by July 2, 2021. SO ORDERED by Senior Judge Thomas J. McAvoy on 6/11/2021. (mab) (Entered: 06/11/2021)

Order on Letter Request

RESPONSE in Opposition re 44 Cross MOTION for Summary Judgment filed by CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates. Motion returnable before Judge McAvoy. filed by Andrew M. Cuomo, Letitia James, Roberta Reardon. (Attachments: # 1 Statement of Material Facts Response)(Kerwin, Adrienne) (Entered: 06/18/2021)

RESPONSE in Opposition re 43 MOTION for Summary Judgment filed by Andrew M. Cuomo, Letitia James, Roberta Reardon. Motion returnable before Judge McAvoy. filed by CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates. (Attachments: # 1 Statement of Material Facts Response)(Connelly, Kenneth) (Entered: 06/18/2021)

REPLY to Response to Motion re 44 Cross MOTION for Summary Judgment filed by CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates. Motion returnable before Judge McAvoy. filed by CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates. (Connelly, Kenneth) (Entered: 07/02/2021)

REPLY to Response to Motion re 43 MOTION for Summary Judgment filed by Andrew M. Cuomo, Letitia James, Roberta Reardon. Motion returnable before Judge McAvoy. filed by Andrew M. Cuomo, Letitia James, Roberta Reardon. (Kerwin, Adrienne) (Entered: 07/02/2021)

DECISION & ORDER: The Plaintiffs motion for summary judgment, dkt. # 44, is hereby GRANTED. The Defendants motion for summary judgment, dkt. # 43, is hereby DENIED. The Defendants' are PERMANENTLY ENJOINED from enforcing the notice provision in New York Labor Law ยง 203-e(6) against any employer. Signed by Senior Judge Thomas J. McAvoy on 3/29/2022. (mgh) (Entered: 03/29/2022)

JUDGMENT: IT IS ORDERED AND ADJUDGED, that the Plaintiffs motion for summary judgment, is hereby GRANTED. The Defendants' motion for summary judgment, is hereby DENIED. The Defendants are PERMANENTLY ENJOINED from enforcing the notice provisionin New York Labor Law ยง 203-e(6) against any employer. Pursuant to the order of the Honorable Thomas J. McAvoy, dated this 29 th day of March, 2022. (mgh) (Entered: 04/01/2022)

Joint Letter Motion from Kenneth Connelly for CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates requesting Extension of Time to File Motion for Attorney's Fees and Costs submitted to Judge McAvoy . (Connelly, Kenneth) (Entered: 04/04/2022)

TEXT ORDER granting the 55 Letter requesting an Extension of Time to File Motion for Attorney's Fees and Costs until after all appeals have been resolved. Authorized by Senior Judge Thomas J. McAvoy on 4/5/2022. (amt) (Entered: 04/05/2022)

Order on Letter Request

NOTICE OF APPEAL as to 54 Judgment, 27 Order on Motion for Preliminary Injunction,,, Order on Motion to Dismiss for Failure to State a Claim,, by CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates. Filing fee $ 505, receipt number ANYNDC-5885850. (Connelly, Kenneth) (Entered: 04/28/2022)

ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re 57 Notice of Appeal. (egr) (Entered: 04/29/2022)

NOTICE OF CROSS APPEAL as to 54 Judgment, by Andrew M. Cuomo, Letitia James, Roberta Reardon Filing fee $ 505, receipt number ANYNDC-5902976.. (Kerwin, Adrienne) (Entered: 05/12/2022)

ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re 59 Notice of Cross Appeal. (egr) (Entered: 05/13/2022)

ORDER of USCA Certified Copy issued on 06/03/2022 as to 57 Notice of Appeal, 59 Notice of Cross Appeal. The parties jointly move to hold these appeals in abeyance pending this Courts decision in Slattery v. Cuomo, No. 21-911. The parties further request that they be allowed to file revised scheduling notification letters within seven days of the Courts decision in Slattery. IT IS HEREBY ORDERED that the motion is GRANTED.(mgh) (Entered: 06/03/2022)

ORDER of USCA certified copy issued on 3/7/2023 as to 57 Notice of Appeal, 59 Notice of Cross Appeal. IT IS HEREBY ORDERED that the appeal is lifted from abeyance in light of this Court's decision in Slattery v. Cuomo, No. 21-911. (mgh) (Entered: 03/08/2023)

ORDER of USCA [Certified Copy Issued on 01/02/2025] as to 57 Notice of Appeal, filed by National Institute of Family and Life Advocates, CompassCare, First Bible Baptist Church, 59 Notice of Cross Appeal filed by Roberta Reardon, Letitia James, Andrew M. Cuomo: We Affirm the judgment of the District Court dismissing Plaintiffs' free speech and free exercise claims. We Vacate the judgment of the District Court dismissing Plaintiffs' expressive-association claims and Remand for further proceedings consistent with this opinion. We Vacate the grant of summary judgment for Plaintiffs on the Notice Provision and Vacate the permanent injunction. (hmr) (Entered: 01/02/2025)

Order Reassigning Case

USCA Case Number 22-951-cv (L) for 57 Notice of Appeal, filed by National Institute of Family and Life Advocates, CompassCare, First Bible Baptist Church, 59 Notice of Cross Appeal filed by Roberta Reardon, Letitia James, Andrew M. Cuomo. (hmr)

USCA Case Number 22-1076 -cv for 57 Notice of Appeal, filed by National Institute of Family and Life Advocates, CompassCare, First Bible Baptist Church, 59 Notice of Cross Appeal filed by Roberta Reardon, Letitia James, Andrew M. Cuomo. (hmr)

TEXT ORDER REASSIGNING CASE. Case reassigned to U.S. District Judge Anne M. Nardacci for all further proceedings. Senior Judge Thomas J. McAvoy no longer assigned to case. SO ORDERED by Chief Judge Brenda K. Sannes on 1/2/25. (lmw) (Entered: 01/02/2025)

MANDATE of USCA (Issued a a Mandate on 1/24/2025) as to 57 Notice of Appeal filed by National Institute of Family and Life Advocates, CompassCare, First Bible Baptist Church, 59 Notice of Cross Appeal filed by Roberta Reardon, Letitia James, Andrew M. Cuomo. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is AFFIRMED in part and VACATED in part, the permanent injunction is VACATED, and this matter is REMANDED for further proceedings consistent with this Court's opinion. (ham) Modified on 2/3/2025 (jel) (Entered: 01/27/2025)

TEXT ORDER: Pursuant to the Second Circuit's Mandate in this action, Dkt. No. 65, the parties are directed to file supplemental briefing as to whether any Plaintiff has plausibly alleged an associational rights claim under Slattery v. Hochul, 61 F.4th 278, 288 (2d. Cir. 2023). Defendants are directed to file an initial brief by February 13, 2025. Plaintiffs' response must be filed by February 27, 2025. Defendants' reply must be filed by March 6, 2025. SO ORDERED by U.S. District Judge Anne M. Nardacci on 1/30/2025. (mab) (Entered: 01/30/2025)

Order

CLERK'S CORRECTION OF DOCKET ENTRY re 65 USCA Mandate - Modified text to included the ordered paragraph. (jel, )

Joint Letter Motion from Kevin Theriot for CompassCare, National Institute of Family and Life Advocates, First Bible Baptist Church requesting Order Extending Time to File Supplemental Briefing submitted to Judge Anne M. Nardacci . (Theriot, Kevin) (Entered: 02/11/2025)

TEXT ORDER granting Plaintiffs' 67 Letter Request, filed on consent, seeking an extension of time to file supplemental briefing in this matter. Defendants shall file their initial brief by February 27, 2025. Plaintiffs shall file a response by March 13, 2025. Defendants shall file any reply by March 20, 2025. SO ORDERED by U.S. District Judge Anne M. Nardacci on 2/12/2025. (mab) (Entered: 02/12/2025)

Order on Letter Request

Joint Letter Motion from Counsel for CompassCare, National Institute of Family and Life Advocates, First Bible Baptist Church requesting Order Extending Time to File Supplemental Briefing submitted to Judge Anne M. Nardacci . (Theriot, Kevin) (Entered: 02/27/2025)

TEXT ORDER granting the parties' joint 69 Letter Request seeking an extension of time to file supplemental briefing in this matter. Defendants shall file their initial brief by March 13, 2025. Plaintiffs shall file a response by March 27, 2025. Defendants shall file any reply by April 13, 2025. SO ORDERED by U.S. District Judge Anne M. Nardacci on 3/5/2025. (mab) (Entered: 03/05/2025)

Order on Letter Request

MEMORANDUM OF LAW re 66 Order,, 19 Motion to Dismiss for Failure to State a Claim, filed by Andrew M. Cuomo, Letitia James, Roberta Reardon. (Kerwin, Adrienne) (Entered: 03/13/2025)

STIPULATION of Dismissal by CompassCare, First Bible Baptist Church, National Institute of Family and Life Advocates submitted to Judge Anne M. Nardacci. (Theriot, Kevin) (Entered: 03/26/2025)

STIPULATION and ORDER of Dismissal. Signed by U.S. District Judge Anne M. Nardacci on 4/2/2025. (mab) (Entered: 04/02/2025)