Case: Bronx Harbor Health Care Complex, Inc. v. McDonald

Bronx Harbor Health Care Complex, Inc. et al. v. McDonald

COMPLAINT against James V. McDonald (Filing fee $405 receipt number ANYNDC-6974828) filed by HORNC Operating, LLC, Boro Park Operating Co, LLC, South Shore Rehabilitation, LLC, Dry Harbor HRF, Inc., Palffy Group LLC, Fulton Operations Associates, LLC, Rockaway Operations Associates, LLC, Delaware Operations Associates LLC, River Ridge Operating LLC, DURNC Operating, LLC, URNC Operating, LLC, SARNC Operating, LLC, Essex Operations Associates LLC, CLR Troy, LLC, Comprehensive at Orleans, LLC, PRNC Operating LLC, New Vanderbilt Rehabilitation and Care Center, Inc., Garden Gate Health Care Facility, LLC, Parkview Operating Co., LLC, Ralex Services, Inc., ORRNC Operating, LLC, The Brightonian, Inc., Schnur Operations Associates LLC, EDRNC Operating, LLC, The Shore Winds, LLC, Grandell Rehabilitation and Nursing Center, Inc., West Lawrence Care Center, LLC, Betsy Ross Rehabilitation Center, Inc., Comprehensive at Williamsville, LLC, The Hurlbut, LLC, Park Manor Acquisition II, LLC, Leroy Operating LLC, Hollis Operating Co., LLC, Hamilton Manor Nursing Home, LLC, CLR Carthage LLC, Absolut Center for Nursing and Rehabilitation at Aurora Park, LLC, Meadow Park Rehabilitation & Health Care Center, LLC, AURNC Operating, LLC, Warren Operations Associates LLC, Ontario Operations Associates LLC, CLR Glens Falls, LLC, Avon Nursing Home, LLC, DOJ Operations Associates LLC, Wartburg Receiver LLC, Kaaterskil Operating LLC, Wayne Center for Nursing & Rehabilitation, LLC, Bronx Harbor Health Care Complex, Inc., Newark Manor Nursing Home, Inc., East Haven Nursing and Rehabiliation Center, LLC, YRNC Operating, LLC, GRNC Operating LLC, Beach Terrace Care Center, Inc., Salem Acquisition I, LLC, Highland Care Center, Inc., Washington Operations Associates LLC, Susquehanna Nursing & Rehabilitation Center, LLC, SV Operating Three, LLC, Montgomery Operating Company, LLC, Queens-Nassau Nursing Home, Inc., Sky View Rehabilitation and Health Care Center, LLC, Regeis Care Center, LLC, IR Operations Associates LLC, Conesus Lake Nursing Home, LLC, CLR Minoa, LLC, Optima Care Little Neck, LLC, Putnam Operating Acquisition I, LLC, HRNC Operating, LLC, CLR New Paltz, LLC, Optima Care Smithtown, LLC, Westgate Operations Associates, LLC, Waterfront Operations Associates LLC, Seneca Health Care Center, LLC, Latta Road Nursing Home East, LLC, Bainbridge Nursing and Rehabilitation Center, LLC, Pavilion Operations LLC, Pharney Group, LLC, Waterview Acquisition 1, LLC, Optima Care White Plains, LLC, Williamsville Suburban, LLC, S&J Operational, LLC, Absolut Center for Nursing and Rehabilitation at Allegany, LLC, Latta Road Nursing Home West, LLC, Mosholu Parkway Nursing & Rehabilitation Center, LLC, Penfield Place, LLC, Woodside Manor Nursing Home, Inc., Sapphire Center for Rehabilitation and Nursing of Central Queens, LLC, BVRNC Operating, LLC, Oceanside Care Center, Inc., Pine Haven Operating, LLC, Haven Manor Health Care Center, LLC, Seneca Nursing & Rehabilitation Center, LLC, Abraham Operations Associates LLC. (Attachments: # 1 Exhibit A - Nursing Home Quality Initiative, # 2 Civil Cover Sheet)(ham) (Entered: 12/26/2024)

1 Exhibit A - Nursing Home Quality Initiative

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2 Civil Cover Sheet

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G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/26/2025 09:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/19/2025. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ham) (Entered: 12/26/2024)

REQUEST FOR ISSUANCE OF SUMMONS(ES): Boro Park Operating Co, LLC, HORNC Operating, LLC, South Shore Rehabilitation, LLC, Dry Harbor HRF, Inc., Palffy Group LLC, Fulton Operations Associates, LLC, Rockaway Operations Associates, LLC, Delaware Operations Associates LLC, DURNC Operating, LLC, River Ridge Operating LLC, Essex Operations Associates LLC, CLR Troy, LLC, URNC Operating, LLC, SARNC Operating, LLC, Comprehensive at Orleans, LLC, PRNC Operating LLC, New Vanderbilt Rehabilitation and Care Center, Inc., Garden Gate Health Care Facility, LLC, Parkview Operating Co., LLC, Ralex Services, Inc., ORRNC Operating, LLC, EDRNC Operating, LLC, The Brightonian, Inc., Schnur Operations Associates LLC, The Shore Winds, LLC, Grandell Rehabilitation and Nursing Center, Inc., Comprehensive at Williamsville, LLC, West Lawrence Care Center, LLC, Betsy Ross Rehabilitation Center, Inc., The Hurlbut, LLC, Leroy Operating LLC, Hollis Operating Co., LLC, Park Manor Acquisition II, LLC, Hamilton Manor Nursing Home, LLC, CLR Carthage LLC, Absolut Center for Nursing and Rehabilitation at Aurora Park, LLC, Meadow Park Rehabilitation & Health Care Center, LLC, AURNC Operating, LLC, Warren Operations Associates LLC, Ontario Operations Associates LLC, CLR Glens Falls, LLC, DOJ Operations Associates LLC, Avon Nursing Home, LLC, Wartburg Receiver LLC, Kaaterskil Operating LLC, Wayne Center for Nursing & Rehabilitation, LLC, Newark Manor Nursing Home, Inc., Bronx Harbor Health Care Complex, Inc., East Haven Nursing and Rehabiliation Center, LLC, YRNC Operating, LLC, GRNC Operating LLC, Beach Terrace Care Center, Inc., Salem Acquisition I, LLC, Highland Care Center, Inc., Montgomery Operating Company, LLC, Queens-Nassau Nursing Home, Inc., Susquehanna Nursing & Rehabilitation Center, LLC, SV Operating Three, LLC, Washington Operations Associates LLC, Sky View Rehabilitation and Health Care Center, LLC, Regeis Care Center, LLC, IR Operations Associates LLC, Conesus Lake Nursing Home, LLC, CLR Minoa, LLC, Optima Care Little Neck, LLC, Putnam Operating Acquisition I, LLC, HRNC Operating, LLC, CLR New Paltz, LLC, Optima Care Smithtown, LLC, Westgate Operations Associates, LLC, Waterfront Operations Associates LLC, Seneca Health Care Center, LLC, Latta Road Nursing Home East, LLC, Pavilion Operations LLC, Bainbridge Nursing and Rehabilitation Center, LLC, Pharney Group, LLC, Waterview Acquisition 1, LLC, Optima Care White Plains, LLC, Williamsville Suburban, LLC, S&J Operational, LLC, Absolut Center for Nursing and Rehabilitation at Allegany, LLC, Mosholu Parkway Nursing & Rehabilitation Center, LLC, Latta Road Nursing Home West, LLC, Penfield Place, LLC, BVRNC Operating, LLC, Woodside Manor Nursing Home, Inc., Oceanside Care Center, Inc., Pine Haven Operating, LLC, Sapphire Center for Rehabilitation and Nursing of Central Queens, LLC, Haven Manor Health Care Center, LLC, Seneca Nursing & Rehabilitation Center, LLC, Abraham Operations Associates LLC is requesting summons(es) be issued as to James V. McDonald re: 1 Complaint,,,,,,,,,,,,. (Greene, Francis) (Entered: 12/26/2024)

Summons Issued as to James V. McDonald. (mmg). (Entered: 12/26/2024)

Text Notice of Filing Deficiency

TEXT NOTICE OF FILING DEFICIENCY as to AURNC Operating, LLC, Abraham Operations Associates LLC, Absolut Center for Nursing and Rehabilitation at Allegany, LLC, Absolut Center for Nursing and Rehabilitation at Aurora Park, LLC, Avon Nursing Home, LLC, BVRNC Operating, LLC, Bainbridge Nursing and Rehabilitation Center, LLC, Beach Terrace Care Center, Inc., Betsy Ross Rehabilitation Center, Inc., Boro Park Operating Co, LLC, Bronx Harbor Health Care Complex, Inc., CLR Carthage LLC, CLR Glens Falls, LLC, CLR Minoa, LLC, CLR New Paltz, LLC, CLR Troy, LLC, Comprehensive at Orleans, LLC, Comprehensive at Williamsville, LLC, Conesus Lake Nursing Home, LLC, DOJ Operations Associates LLC, DURNC Operating, LLC, Delaware Operations Associates LLC, Dry Harbor HRF, Inc., EDRNC Operating, LLC, East Haven Nursing and Rehabiliation Center, LLC, Essex Operations Associates LLC, Fulton Operations Associates, LLC, GRNC Operating LLC, Garden Gate Health Care Facility, LLC, Grandell Rehabilitation and Nursing Center, Inc., HORNC Operating, LLC, HRNC Operating, LLC, Hamilton Manor Nursing Home, LLC, Haven Manor Health Care Center, LLC, Highland Care Center, Inc., Hollis Operating Co., LLC, IR Operations Associates LLC, Kaaterskil Operating LLC, Latta Road Nursing Home East, LLC, Latta Road Nursing Home West, LLC, Leroy Operating LLC, Meadow Park Rehabilitation & Health Care Center, LLC, Montgomery Operating Company, LLC, Mosholu Parkway Nursing & Rehabilitation Center, LLC, New Vanderbilt Rehabilitation and Care Center, Inc., Newark Manor Nursing Home, Inc., ORRNC Operating, LLC, Oceanside Care Center, Inc., Ontario Operations Associates LLC, Optima Care Little Neck, LLC, Optima Care Smithtown, LLC, Optima Care White Plains, LLC, PRNC Operating LLC, Palffy Group LLC, Park Manor Acquisition II, LLC, Parkview Operating Co., LLC, Pavilion Operations LLC, Penfield Place, LLC, Pharney Group, LLC, Pine Haven Operating, LLC, Putnam Operating Acquisition I, LLC, Queens-Nassau Nursing Home, Inc., Ralex Services, Inc., Regeis Care Center, LLC, River Ridge Operating LLC, Rockaway Operations Associates, LLC, S&J Operational, LLC, SARNC Operating, LLC, SV Operating Three, LLC, Salem Acquisition I, LLC, Sapphire Center for Rehabilitation and Nursing of Central Queens, LLC, Schnur Operations Associates LLC, Seneca Health Care Center, LLC, Seneca Nursing & Rehabilitation Center, LLC, Sky View Rehabilitation and Health Care Center, LLC, South Shore Rehabilitation, LLC, Susquehanna Nursing & Rehabilitation Center, LLC, The Brightonian, Inc., The Hurlbut, LLC, The Shore Winds, LLC, URNC Operating, LLC, Warren Operations Associates LLC, Wartburg Receiver LLC, Washington Operations Associates LLC, Waterfront Operations Associates LLC, Waterview Acquisition 1, LLC, Wayne Center for Nursing & Rehabilitation, LLC, West Lawrence Care Center, LLC, Westgate Operations Associates, LLC, Williamsville Suburban, LLC, Woodside Manor Nursing Home, Inc., YRNC Operating, LLC regarding the 1 Complaint,,,,,,,,,,,,. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Proposed Summons for the Defendant was not included with the Complaint. Counsel is directed to file proposed summons(es) on the docket using the REQUEST FOR ISSUANCE OF SUMMONS(ES) event within 3 days of this notice. Notice of Filing Deficiency Deadline 1/2/2025 (ham)

TEXT ORDER REASSIGNING CASE. Case reassigned to U.S. Magistrate Judge Paul J. Evangelista for all further proceedings. Magistrate Judge Christian F. Hummel no longer assigned to case. Authorized by Chief Judge Brenda K. Sannes on 01/14/2025. (hmr) (Entered: 01/14/2025)

Order Reassigning Case

NOTICE OF APPEARANCE by Timothy P. Mulvey on behalf of James V. McDonald (Mulvey, Timothy) (Entered: 01/31/2025)

Letter Motion from Timothy P. Mulvey for James V. McDonald requesting Extention of time to Respond to Complaint submitted to Judge Glenn T Suddaby . (Mulvey, Timothy) (Entered: 02/03/2025)

TEXT ORDER granting 7 Letter requesting Extension of time to Respond to Complaint: James V. McDonald answer now due 3/7/2025. Authorized by U.S. Magistrate Judge Paul J. Evangelista on 2/6/2025. (tab) (Entered: 02/06/2025)

Order on Letter Request

Letter Motion from F. Paul Greene for Garden Gate Health Care Facility, LLC, Grandell Rehabilitation and Nursing Center, Inc., GRNC Operating LLC, Hamilton Manor Nursing Home, LLC, Haven Manor Health Care Center, LLC, Highland Care Center, Inc., Hollis Operating Co., LLC, HORNC Operating, LLC, Absolut Center for Nursing and Rehabilitation at Aurora Park, LLC, HRNC Operating, LLC, IR Operations Associates LLC, Kaaterskil Operating LLC, Latta Road Nursing Home East, LLC, Latta Road Nursing Home West, LLC, Leroy Operating LLC, Meadow Park Rehabilitation & Health Care Center, LLC, Montgomery Operating Company, LLC, AURNC Operating, LLC, Mosholu Parkway Nursing & Rehabilitation Center, LLC, New Vanderbilt Rehabilitation and Care Center, Inc., Newark Manor Nursing Home, Inc., Oceanside Care Center, Inc., Ontario Operations Associates LLC, Optima Care Little Neck, LLC, Optima Care Smithtown, LLC, Optima Care White Plains, LLC, ORRNC Operating, LLC, Palffy Group LLC, Park Manor Acquisition II, LLC, Avon Nursing Home, LLC, Bronx Harbor Health Care Complex, Inc., Parkview Operating Co., LLC, Pavilion Operations LLC, Penfield Place, LLC, Pharney Group, LLC, Pine Haven Operating, LLC, PRNC Operating LLC, Putnam Operating Acquisition I, LLC, Queens-Nassau Nursing Home, Inc., Bainbridge Nursing and Rehabilitation Center, LLC, Ralex Services, Inc., Regeis Care Center, LLC, River Ridge Operating LLC, Rockaway Operations Associates, LLC, S&J Operational, LLC, Salem Acquisition I, LLC, Sapphire Center for Rehabilitation and Nursing of Central Queens, LLC, SARNC Operating, LLC, Beach Terrace Care Center, Inc., Schnur Operations Associates LLC, Seneca Health Care Center, LLC, Seneca Nursing & Rehabilitation Center, LLC, Sky View Rehabilitation and Health Care Center, LLC, South Shore Rehabilitation, LLC, Susquehanna Nursing & Rehabilitation Center, LLC, SV Operating Three, LLC, The Brightonian, Inc., The Hurlbut, LLC, The Shore Winds, LLC, URNC Operating, LLC, Betsy Ross Rehabilitation Center, Inc., Warren Operations Associates LLC, Wartburg Receiver LLC, Washington Operations Associates LLC, Waterfront Operations Associates LLC, Waterview Acquisition 1, LLC, Wayne Center for Nursing & Rehabilitation, LLC, West Lawrence Care Center, LLC, Westgate Operations Associates, LLC, Williamsville Suburban, LLC, Woodside Manor Nursing Home, Inc., YRNC Operating, LLC, Boro Park Operating Co, LLC, BVRNC Operating, LLC, CLR Carthage LLC, CLR Glens Falls, LLC, CLR Minoa, LLC, CLR New Paltz, LLC, CLR Troy, LLC, Abraham Operations Associates LLC, Comprehensive at Orleans, LLC, Comprehensive at Williamsville, LLC, Conesus Lake Nursing Home, LLC, Delaware Operations Associates LLC, DOJ Operations Associates LLC, Dry Harbor HRF, Inc., DURNC Operating, LLC, East Haven Nursing and Rehabiliation Center, LLC, EDRNC Operating, LLC, Essex Operations Associates LLC, Fulton Operations Associates, LLC, Absolut Center for Nursing and Rehabilitation at Allegany, LLC requesting Local Rule 7.1(a)(2) Conference submitted to Judge Paul J. Evangelista . (Greene, Francis) (Entered: 02/24/2025)

TEXT ORDER granting in part 9 Letter Request for a Pre-Motion Conference and a stay of deadlines. A Pre-Motion Filing Conference is set for Wednesday, 3/5/2025 @ 9:00 AM. This conference will be conducted remotely, by Microsoft TEAMS video and the court will provide a TEAMS connection link to all participants, prior to the conference date. Signed by U.S. Magistrate Judge Paul J. Evangelista on 2/27/2025. (tab) (Entered: 02/27/2025)

Order on Letter Request

TEXT NOTICE: The Rule 16 Initial Conference scheduled for 3/26/2025 at 9:00AM before Magistrate Judge Paul J. Evangelista and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending further notice by the Court. (tab) (Entered: 03/05/2025)

NOTICE OF APPEARANCE by John C. Jensen on behalf of All Defendants (Jensen, John) (Entered: 03/05/2025)

Text Minute Entry for proceedings held before U.S. Magistrate Judge Paul J. Evangelista: Status Conference held on 3/5/2025 by TEAMS video. [9:04am-9:20am] Appearances by Christina Deats, Esq. and Paul Greene, Esq. for Plaintiff; AAG Timothy Mulvey, for the Defendant. The Court hears from parties and agrees to stay the initial deadlines and Rule 16 conference pending the outcome of Plaintiff's anticipated PI motion. (tab)

Status Conference

NOTICE OF APPEARANCE by Kyle W. Sturgess on behalf of All Defendants (Sturgess, Kyle) (Entered: 03/07/2025)

TEXT ORDER: On March 5, 2025 the undersigned held a status conference with all parties appearing. Plaintiff advised the Court that a Preliminary Injunction motion was to be filed by mid to late March and the Court stayed deadlines and adjourned the Initial Conference pending the outcome of the anticipated motion. Since that motion has not been filed, the case will be placed back on the Court's calendar and a Rule 16 Conference in scheduled. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/5/2025. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The Initial Conference is now set for 5/12/2025 @ 11:00 AM in Albany. In general, conferences set before Magistrate Judge Evangelista are set as in-person. Counsel may file a letter request to appear remotely, and if permitted, chambers will issue an electronic notice with dial-in/remote instructions. Authorized by Magistrate Judge Paul J. Evangelista on 4/17/2025. (tab) (Entered: 04/17/2025)

Order AND ~Util - Set Deadlines/Hearings

Letter Motion from F. Paul Greene for AURNC Operating, LLC, Abraham Operations Associates LLC, Absolut Center for Nursing and Rehabilitation at Allegany, LLC, Absolut Center for Nursing and Rehabilitation at Aurora Park, LLC, Avon Nursing Home, LLC, BVRNC Operating, LLC, Bainbridge Nursing and Rehabilitation Center, LLC, Beach Terrace Care Center, Inc., Betsy Ross Rehabilitation Center, Inc., Boro Park Operating Co, LLC, Bronx Harbor Health Care Complex, Inc., CLR Carthage LLC, CLR Glens Falls, LLC, CLR Minoa, LLC, CLR New Paltz, LLC, CLR Troy, LLC, Comprehensive at Orleans, LLC, Comprehensive at Williamsville, LLC, Conesus Lake Nursing Home, LLC, DOJ Operations Associates LLC, DURNC Operating, LLC, Delaware Operations Associates LLC, Dry Harbor HRF, Inc., EDRNC Operating, LLC, East Haven Nursing and Rehabiliation Center, LLC, Essex Operations Associates LLC, Fulton Operations Associates, LLC, GRNC Operating LLC, Garden Gate Health Care Facility, LLC, Grandell Rehabilitation and Nursing Center, Inc., HORNC Operating, LLC, HRNC Operating, LLC, Hamilton Manor Nursing Home, LLC, Haven Manor Health Care Center, LLC, Highland Care Center, Inc., Hollis Operating Co., LLC, IR Operations Associates LLC, Kaaterskil Operating LLC, Latta Road Nursing Home East, LLC, Latta Road Nursing Home West, LLC, Leroy Operating LLC, Meadow Park Rehabilitation & Health Care Center, LLC, Montgomery Operating Company, LLC, Mosholu Parkway Nursing & Rehabilitation Center, LLC, New Vanderbilt Rehabilitation and Care Center, Inc., Newark Manor Nursing Home, Inc., ORRNC Operating, LLC, Oceanside Care Center, Inc., Ontario Operations Associates LLC, Optima Care Little Neck, LLC, Optima Care Smithtown, LLC, Optima Care White Plains, LLC, PRNC Operating LLC, Palffy Group LLC, Park Manor Acquisition II, LLC, Parkview Operating Co., LLC, Pavilion Operations LLC, Penfield Place, LLC, Pharney Group, LLC, Pine Haven Operating, LLC, Putnam Operating Acquisition I, LLC, Queens-Nassau Nursing Home, Inc., Ralex Services, Inc., Regeis Care Center, LLC, River Ridge Operating LLC, Rockaway Operations Associates, LLC, S&J Operational, LLC, SARNC Operating, LLC, SV Operating Three, LLC, Salem Acquisition I, LLC, Sapphire Center for Rehabilitation and Nursing of Central Queens, LLC, Schnur Operations Associates LLC, Seneca Health Care Center, LLC, Seneca Nursing & Rehabilitation Center, LLC, Sky View Rehabilitation and Health Care Center, LLC, South Shore Rehabilitation, LLC, Susquehanna Nursing & Rehabilitation Center, LLC, The Brightonian, Inc., The Hurlbut, LLC, The Shore Winds, LLC, URNC Operating, LLC, Warren Operations Associates LLC, Wartburg Receiver LLC, Washington Operations Associates LLC, Waterfront Operations Associates LLC, Waterview Acquisition 1, LLC, Wayne Center for Nursing & Rehabilitation, LLC, West Lawrence Care Center, LLC, Westgate Operations Associates, LLC, Williamsville Suburban, LLC, Woodside Manor Nursing Home, Inc., YRNC Operating, LLC requesting Adjournment of Text Order Deadlines and Briefing Schedule submitted to Judge Hon. Paul J. Evangelista . (Attachments: # 1 Exhibit(s))(Greene, Francis) (Entered: 04/18/2025)

TEXT ORDER granting Plaintiffs' 15 letter-motion requesting an extension of the briefing schedule for the anticipated motion for preliminary injunction (returnable before the undersigned) to be filed on or before April 25, 2025. Defendant's opposition to this anticipated motion is due to be filed on or before May 30, 2025. Plaintiffs' reply to this motion is due to be filed no later than 30 days after the filing of Defendant's opposition papers. Plaintiffs' request for the adjournment of the deadlines set forth in the Text Order entered on 04/17/2025 will be addressed by Magistrate Judge Evangelista. SO ORDERED by U.S. District Judge Glenn T Suddaby on 4/24/2025. (sal) (Entered: 04/24/2025)

TEXT NOTICE: The Rule 16 Initial Conference scheduled for 5/12/2025 at 11:00 AM before Magistrate Judge Paul J. Evangelista and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the anticipated motion and further notice by the Court. (tab) (Entered: 04/24/2025)

MOTION for Preliminary Injunction filed by AURNC Operating, LLC, Abraham Operations Associates LLC, Absolut Center for Nursing and Rehabilitation at Allegany, LLC, Absolut Center for Nursing and Rehabilitation at Aurora Park, LLC, Avon Nursing Home, LLC, BVRNC Operating, LLC, Bainbridge Nursing and Rehabilitation Center, LLC, Beach Terrace Care Center, Inc., Betsy Ross Rehabilitation Center, Inc., Boro Park Operating Co, LLC, Bronx Harbor Health Care Complex, Inc., CLR Carthage LLC, CLR Glens Falls, LLC, CLR Minoa, LLC, CLR New Paltz, LLC, CLR Troy, LLC, Comprehensive at Orleans, LLC, Comprehensive at Williamsville, LLC, Conesus Lake Nursing Home, LLC, DOJ Operations Associates LLC, DURNC Operating, LLC, Delaware Operations Associates LLC, Dry Harbor HRF, Inc., EDRNC Operating, LLC, East Haven Nursing and Rehabiliation Center, LLC, Essex Operations Associates LLC, Fulton Operations Associates, LLC, GRNC Operating LLC, Garden Gate Health Care Facility, LLC, Grandell Rehabilitation and Nursing Center, Inc., HORNC Operating, LLC, HRNC Operating, LLC, Hamilton Manor Nursing Home, LLC, Haven Manor Health Care Center, LLC, Highland Care Center, Inc., Hollis Operating Co., LLC, IR Operations Associates LLC, Kaaterskil Operating LLC, Latta Road Nursing Home East, LLC, Latta Road Nursing Home West, LLC, Leroy Operating LLC, Meadow Park Rehabilitation & Health Care Center, LLC, Montgomery Operating Company, LLC, Mosholu Parkway Nursing & Rehabilitation Center, LLC, New Vanderbilt Rehabilitation and Care Center, Inc., Newark Manor Nursing Home, Inc., ORRNC Operating, LLC, Oceanside Care Center, Inc., Ontario Operations Associates LLC, Optima Care Little Neck, LLC, Optima Care Smithtown, LLC, Optima Care White Plains, LLC, PRNC Operating LLC, Palffy Group LLC, Park Manor Acquisition II, LLC, Parkview Operating Co., LLC, Pavilion Operations LLC, Penfield Place, LLC, Pharney Group, LLC, Pine Haven Operating, LLC, Putnam Operating Acquisition I, LLC, Queens-Nassau Nursing Home, Inc., Ralex Services, Inc., Regeis Care Center, LLC, River Ridge Operating LLC, Rockaway Operations Associates, LLC, S&J Operational, LLC, SARNC Operating, LLC, SV Operating Three, LLC, Salem Acquisition I, LLC, Sapphire Center for Rehabilitation and Nursing of Central Queens, LLC, Schnur Operations Associates LLC, Seneca Health Care Center, LLC, Seneca Nursing & Rehabilitation Center, LLC, Sky View Rehabilitation and Health Care Center, LLC, South Shore Rehabilitation, LLC, Susquehanna Nursing & Rehabilitation Center, LLC, The Brightonian, Inc., The Hurlbut, LLC, The Shore Winds, LLC, URNC Operating, LLC, Warren Operations Associates LLC, Wartburg Receiver LLC, Washington Operations Associates LLC, Waterfront Operations Associates LLC, Waterview Acquisition 1, LLC, Wayne Center for Nursing & Rehabilitation, LLC, West Lawrence Care Center, LLC, Westgate Operations Associates, LLC, Williamsville Suburban, LLC, Woodside Manor Nursing Home, Inc., YRNC Operating, LLC. Motion returnable before Judge Glenn T. Suddaby Response to Motion due by 5/15/2025. Reply to Response to Motion due by 5/22/2025 (Attachments: # 1 Declaration, # 2 Declaration, # 3 Exhibit(s) A- CV, # 4 Exhibit(s) B-Estimated Useful Lives Excerpt, # 5 Declaration, # 6 Declaration, # 7 Declaration, # 8 Exhibit(s) A-Garden Gate Proposed Capital Rate Sheet 2025, # 9 Exhibit(s) B-Seneca Proposed Capital Rate Sheet 2025, # 10 Declaration, # 11 Exhibit(s) A-Garden Gate CMS Rating, # 12 Exhibit(s) B-Seneca CMS Rating, # 13 Exhibit(s) C-Garden Gate Capital Improvements 2020-2024, # 14 Exhibit(s) D-Seneca Capital Improvements 2020-2024, # 15 Declaration, # 16 Exhibit(s) A-Avon Proposed Capital Rate Sheet 2025, # 17 Exhibit(s) B-Hamilton Proposed Capital Rate Sheet 2025, # 18 Exhibit(s) C-Latta East Proposed Capital Rate Sheet 2025, # 19 Exhibit(s) D-Latta West Proposed Capital Rate Sheet 2025, # 20 Exhibit(s) E-Conesus Proposed Capital Rate Sheet 2025, # 21 Exhibit(s) F-Newark Proposed Capital Rate Sheet 2025, # 22 Exhibit(s) G-Penfield Proposed Capital Rate Sheet 2025, # 23 Exhibit(s) H-Hurlbut Proposed Capital Rate Sheet 2025, # 24 Exhibit(s) I-Shore Winds Proposed Capital Rate Sheet 2025, # 25 Exhibit(s) J-Seneca Proposed Capital Rate Sheet 2025, # 26 Exhibit(s) K-Woodside Proposed Capital Rate Sheet 2025, # 27 Exhibit(s) L-Latta East and West Renovation Budget, # 28 Exhibit(s) M-Latta Finishes, # 29 Exhibit(s) N-Latta Finishes, # 30 Exhibit(s) O-Latta Finishes, # 31 Exhibit(s) P-Newark Renovation Budget, # 32 Declaration, # 33 Exhibit(s) A-Press Release, # 34 Exhibit(s) B-Penfield Photos, # 35 Declaration, # 36 Exhibit(s) A-Boro Park Proposed Capital Rate Sheet 2025, # 37 Exhibit(s) B-Corning Center Proposed Capital Rate Sheet 2025, # 38 Declaration, # 39 Exhibit(s) A-Brookside Proposed Capital Rate Sheet 2025, # 40 Exhibit(s) B-Little Neck Proposed Capital Rate Sheet 2025, # 41 Exhibit(s) C-White Plains Proposed Capital Rate Sheet 2025, # 42 Declaration, # 43 Exhibit(s) A-Plattsburgh Proposed Capital Rate Sheet 2025, # 44 Exhibit(s) B-Auburn Proposed Capital Rate Sheet 2025, # 45 Exhibit(s) C-Dunkirk Proposed Capital Rate Sheet 2025, # 46 Exhibit(s) D-Eden Proposed Capital Rate Sheet 2025, # 47 Exhibit(s) E-Orchard Proposed Capital Rate Sheet 2025, # 48 Exhibit(s) F-Alpine Proposed Capital Rate Sheet 2025, # 49 Exhibit(s) G-Tarrytown Proposed Capital Rate Sheet 2025, # 50 Exhibit(s) H-Higland Proposed Capital Rate Sheet 2025, # 51 Exhibit(s) I-Salamanca Proposed Capital Rate Sheet 2025, # 52 Exhibit(s) J-Houghton Proposed Capital Rate Sheet 2025, # 53 Exhibit(s) K-Utica Proposed Capital Rate Sheet 2025, # 54 Exhibit(s) L-Yorktown Proposed Capital Rate Sheet 2025, # 55 Exhibit(s) M-Eden CMS Rating, # 56 Exhibit(s) N-Orchard CMS Rating, # 57 Declaration, # 58 Memorandum of Law, # 59 Proposed Order/Judgment, # 60 Certificate of Service) (Greene, Francis) (Entered: 04/24/2025)

Order on Letter Request

TEXT NOTICE re Motion 18 for Preliminary Injunction filed by AURNC Operating, LLC, Abraham Operations Associates LLC, Absolut Center for Nursing and Rehabilitation at Allegany, LLC, Absolut Center for Nursing and Rehabilitation at Aurora Park, LLC, Avon Nursin : Per the 16 Text Order entered on 04/24/2025, Defendant's opposition to this motion is due to be filed on or before 5/30/2025. Plaintiffs' reply to this motion is due to be filed on or before 6/30/2025. This motion is returnable before U.S. District Judge Glenn T. Suddaby. Once briefing is completed and reviewed, District Judge Suddaby's Courtroom Deputy will provide available dates for the Court to counsel for a hearing/oral argument in this matter. (sal)

Notice of Hearing on Motion

Letter Motion from Timothy P. Mulvey for James V. McDonald requesting Stay of Plaintiffs' Motion for Preliminary Injunction submitted to Judge Glenn T Suddaby . (Mulvey, Timothy) (Entered: 05/05/2025)

RESPONSE to Motion re 19 Letter Request/Motion filed by AURNC Operating, LLC, Abraham Operations Associates LLC, Absolut Center for Nursing and Rehabilitation at Allegany, LLC, Absolut Center for Nursing and Rehabilitation at Aurora Park, LLC, Avon Nursing Home, LLC, BVRNC Operating, LLC, Bainbridge Nursing and Rehabilitation Center, LLC, Beach Terrace Care Center, Inc., Betsy Ross Rehabilitation Center, Inc., Boro Park Operating Co, LLC, Bronx Harbor Health Care Complex, Inc., CLR Carthage LLC, CLR Glens Falls, LLC, CLR Minoa, LLC, CLR New Paltz, LLC, CLR Troy, LLC, Comprehensive at Orleans, LLC, Comprehensive at Williamsville, LLC, Conesus Lake Nursing Home, LLC, DOJ Operations Associates LLC, DURNC Operating, LLC, Delaware Operations Associates LLC, Dry Harbor HRF, Inc., EDRNC Operating, LLC, East Haven Nursing and Rehabiliation Center, LLC, Essex Operations Associates LLC, Fulton Operations Associates, LLC, GRNC Operating LLC, Garden Gate Health Care Facility, LLC, Grandell Rehabilitation and Nursing Center, Inc., HORNC Operating, LLC, HRNC Operating, LLC, Hamilton Manor Nursing Home, LLC, Haven Manor Health Care Center, LLC, Highland Care Center, Inc., Hollis Operating Co., LLC, IR Operations Associates LLC, Kaaterskil Operating LLC, Latta Road Nursing Home East, LLC, Latta Road Nursing Home West, LLC, Leroy Operating LLC, Meadow Park Rehabilitation & Health Care Center, LLC, Montgomery Operating Company, LLC, Mosholu Parkway Nursing & Rehabilitation Center, LLC, New Vanderbilt Rehabilitation and Care Center, Inc., Newark Manor Nursing Home, Inc., ORRNC Operating, LLC, Oceanside Care Center, Inc., Ontario Operations Associates LLC, Optima Care Little Neck, LLC, Optima Care Smithtown, LLC, Optima Care White Plains, LLC, PRNC Operating LLC, Palffy Group LLC, Park Manor Acquisition II, LLC, Parkview Operating Co., LLC, Pavilion Operations LLC, Penfield Place, LLC, Pharney Group, LLC, Pine Haven Operating, LLC, Putnam Operating Acquisition I, LLC, Queens-Nassau Nursing Home, Inc., Ralex Services, Inc., Regeis Care Center, LLC, River Ridge Operating LLC, Rockaway Operations Associates, LLC, S&J Operational, LLC, SARNC Operating, LLC, SV Operating Three, LLC, Salem Acquisition I, LLC, Sapphire Center for Rehabilitation and Nursing of Central Queens, LLC, Schnur Operations Associates LLC, Seneca Health Care Center, LLC, Seneca Nursing & Rehabilitation Center, LLC, Sky View Rehabilitation and Health Care Center, LLC, South Shore Rehabilitation, LLC, Susquehanna Nursing & Rehabilitation Center, LLC, The Brightonian, Inc., The Hurlbut, LLC, The Shore Winds, LLC, URNC Operating, LLC, Warren Operations Associates LLC, Wartburg Receiver LLC, Washington Operations Associates LLC, Waterfront Operations Associates LLC, Waterview Acquisition 1, LLC, Wayne Center for Nursing & Rehabilitation, LLC, West Lawrence Care Center, LLC, Westgate Operations Associates, LLC, Williamsville Suburban, LLC, Woodside Manor Nursing Home, Inc., YRNC Operating, LLC. (Greene, Francis) (Entered: 05/07/2025)

TEXT ORDER denying without prejudice 19 Defendant's letter-motion requesting a stay of all proceedings related to Plaintiffs motion for a preliminary injunction (Dkt. No. 18 ) unless or until the state court injunctions are either lifted or become permanent, or, in the alternative, for a conference with the Court to address the applicability of the New York State Court injunctions and how they may affect the relief Plaintiffs seek in this Court. The Court renders this decision for each of the following two alternative reasons. First, although a motion for a preliminary injunction is properly construed as "dispositive" in nature for purposes of Fed. R. Civ. P. 72, see, e.g., Meaney v. Village of Johnson City, 10-CV-0070, 2010 WL 1633371, at *8 (N.D.N.Y. Apr. 21, 2010) (McAvoy, J.), a motion for a stay of such a motion presents a closer question. Granted, the reason for Defendant's request does not regard the need to conduct discovery, rendering cases involving discovery somewhat distinguishable. See, e.g., Crane v. Poetic Products Ltd., 549 F. Supp.2d 566, 568 (S.D.N.Y. 2008) (treating a motion to stay a decision of a motion for summary judgment, pending completion of discovery, as nondispositive for purposes of Fed. R. Civ. P. 72). However, Defendant does not cite either the Federal Rule of Civil Procedure or statute on which his motion is based, as required by Local Rule 7.1(b)(1), thus adding to the Court's impression that his motion is not thoroughly reasoned. (The Court finds it noteworthy that Defendant's argument does not rely on an abstention doctrine.) Under the circumstances, the Court agrees with Plaintiffs that, before filing his motion, Defendant should have conferred with Plaintiffs in good faith and then requested conference with U.S. Magistrate Judge Paul J. Evangelista as required by Local Rule 7.1(a)(2). (Dkt. No. 20, at 1.) Second, in any event, although Defendant argues that three state court injunctions exists against certain proprietary nursing homes that are Plaintiffs in this case (one such injunction existing against 20 such Plaintiffs, a second such injunction existing against 58 such Plaintiffs, and a third such injunction existing against 12 such Plaintiffs), Defendant appears to concede that at least 2 of the 92 Plaintiffs in this case remain not enjoined (and maybe more, if some of the Plaintiffs are enjoined by overlapping state court injunctions). Moreover, Plaintiffs argue (not unconvincingly) that the state court injunctions do not apply to this case (being based on a defect other than the defect claimed in this case) and/or are limited in nature (in light of the New York Court of Appeals' decision in Aaron Manor I). As a result, the Court finds that Defendants argument of duplicativeness is unpersuasive (at least at this point) and would be better presented in his opposition to Plaintiffs motion for a preliminary injunction. SO ORDERED by U.S. District Judge Glenn T Suddaby on 5/9/2025. (sal) (Entered: 05/09/2025)

Order on Letter Request

Letter Motion from Timothy P. Mulvey for James V. McDonald requesting Extention of Page Limit for Memorandum of Law submitted to Judge Glenn T Suddaby . (Mulvey, Timothy) (Entered: 05/28/2025)

TEXT ORDER granting Defendant's 22 letter requesting permission to file a memorandum of law in opposition to Plaintiffs' motion for a preliminary injunction not to exceed 35 pages in length. SO ORDERED by U.S. District Judge Glenn T Suddaby on 5/28/2025. (sal ) (Entered: 05/28/2025)

Order on Letter Request

RESPONSE in Opposition re 18 Motion for Preliminary Injunction,,,,,,,,,,,,,,,,,,,,,,,, filed by James V. McDonald. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Memorandum of Law)(Mulvey, Timothy) (Entered: 05/30/2025)

Plaintiffs Letter Motion from F. Paul Greene, AIGP, CIPP/US, CIPP/E, CIPM, FIP for AURNC Operating, LLC, Abraham Operations Associates LLC, Absolut Center for Nursing and Rehabilitation at Allegany, LLC, Absolut Center for Nursing and Rehabilitation at Aurora Park, LLC, Avon Nursing Home, LLC, BVRNC Operating, LLC, Bainbridge Nursing and Rehabilitation Center, LLC, Beach Terrace Care Center, Inc., Betsy Ross Rehabilitation Center, Inc., Boro Park Operating Co, LLC, Bronx Harbor Health Care Complex, Inc., CLR Carthage LLC, CLR Glens Falls, LLC, CLR Minoa, LLC, CLR New Paltz, LLC, CLR Troy, LLC, Comprehensive at Orleans, LLC, Comprehensive at Williamsville, LLC, Conesus Lake Nursing Home, LLC, DOJ Operations Associates LLC, DURNC Operating, LLC, Delaware Operations Associates LLC, Dry Harbor HRF, Inc., EDRNC Operating, LLC, East Haven Nursing and Rehabiliation Center, LLC, Essex Operations Associates LLC, Fulton Operations Associates, LLC, GRNC Operating LLC, Garden Gate Health Care Facility, LLC, Grandell Rehabilitation and Nursing Center, Inc., HORNC Operating, LLC, HRNC Operating, LLC, Hamilton Manor Nursing Home, LLC, Haven Manor Health Care Center, LLC, Highland Care Center, Inc., Hollis Operating Co., LLC, IR Operations Associates LLC, Kaaterskil Operating LLC, Latta Road Nursing Home East, LLC, Latta Road Nursing Home West, LLC, Leroy Operating LLC, Meadow Park Rehabilitation & Health Care Center, LLC, Montgomery Operating Company, LLC, Mosholu Parkway Nursing & Rehabilitation Center, LLC, New Vanderbilt Rehabilitation and Care Center, Inc., Newark Manor Nursing Home, Inc., ORRNC Operating, LLC, Oceanside Care Center, Inc., Ontario Operations Associates LLC, Optima Care Little Neck, LLC, Optima Care Smithtown, LLC, Optima Care White Plains, LLC, PRNC Operating LLC, Palffy Group LLC, Park Manor Acquisition II, LLC, Parkview Operating Co., LLC, Pavilion Operations LLC, Penfield Place, LLC, Pharney Group, LLC, Pine Haven Operating, LLC, Putnam Operating Acquisition I, LLC, Queens-Nassau Nursing Home, Inc., Ralex Services, Inc., Regeis Care Center, LLC, River Ridge Operating LLC, Rockaway Operations Associates, LLC, S&J Operational, LLC, SARNC Operating, LLC, SV Operating Three, LLC, Salem Acquisition I, LLC, Sapphire Center for Rehabilitation and Nursing of Central Queens, LLC, Schnur Operations Associates LLC, Seneca Health Care Center, LLC, Seneca Nursing & Rehabilitation Center, LLC, Sky View Rehabilitation and Health Care Center, LLC, South Shore Rehabilitation, LLC, Susquehanna Nursing & Rehabilitation Center, LLC, The Brightonian, Inc., The Hurlbut, LLC, The Shore Winds, LLC, URNC Operating, LLC, Warren Operations Associates LLC, Wartburg Receiver LLC, Washington Operations Associates LLC, Waterfront Operations Associates LLC, Waterview Acquisition 1, LLC, Wayne Center for Nursing & Rehabilitation, LLC, West Lawrence Care Center, LLC, Westgate Operations Associates, LLC, Williamsville Suburban, LLC, Woodside Manor Nursing Home, Inc., YRNC Operating, LLC requesting extension of time to file preliminary injunction reply papers and extend memorandum of law page limitations submitted to Judge Hon. Glenn T. Suddaby . (Greene, Francis) (Entered: 06/20/2025)

TEXT ORDER granting 25 letter-motion requesting an extension of time to file a reply to Plaintiffs' 18 Motion for Preliminary Injunction on or before 7/14/2025 and an extension of the page limitation for the memorandum of law from 25 to 35 pages, allowing Plaintiffs to fully brief their opposition tothe abstention issue raised by Defendant in response to Plaintiffs preliminary injunction motion. SO ORDERED by U.S. District Judge Glenn T Suddaby on 6/23/2025. (sal ) (Entered: 06/23/2025)

Order on Letter Request

REPLY to Response to Motion re 18 Motion for Preliminary Injunction,,,,,,,,,,,,,,,,,,,,,,,, filed by AURNC Operating, LLC, Abraham Operations Associates LLC, Absolut Center for Nursing and Rehabilitation at Allegany, LLC, Absolut Center for Nursing and Rehabilitation at Aurora Park, LLC, Avon Nursing Home, LLC, BVRNC Operating, LLC, Bainbridge Nursing and Rehabilitation Center, LLC, Beach Terrace Care Center, Inc., Betsy Ross Rehabilitation Center, Inc., Boro Park Operating Co, LLC, Bronx Harbor Health Care Complex, Inc., CLR Carthage LLC, CLR Glens Falls, LLC, CLR Minoa, LLC, CLR New Paltz, LLC, CLR Troy, LLC, Comprehensive at Orleans, LLC, Comprehensive at Williamsville, LLC, Conesus Lake Nursing Home, LLC, DOJ Operations Associates LLC, DURNC Operating, LLC, Delaware Operations Associates LLC, Dry Harbor HRF, Inc., EDRNC Operating, LLC, East Haven Nursing and Rehabiliation Center, LLC, Essex Operations Associates LLC, Fulton Operations Associates, LLC, GRNC Operating LLC, Garden Gate Health Care Facility, LLC, Grandell Rehabilitation and Nursing Center, Inc., HORNC Operating, LLC, HRNC Operating, LLC, Hamilton Manor Nursing Home, LLC, Haven Manor Health Care Center, LLC, Highland Care Center, Inc., Hollis Operating Co., LLC, IR Operations Associates LLC, Kaaterskil Operating LLC, Latta Road Nursing Home East, LLC, Latta Road Nursing Home West, LLC, Leroy Operating LLC, Meadow Park Rehabilitation & Health Care Center, LLC, Montgomery Operating Company, LLC, Mosholu Parkway Nursing & Rehabilitation Center, LLC, New Vanderbilt Rehabilitation and Care Center, Inc., Newark Manor Nursing Home, Inc., ORRNC Operating, LLC, Oceanside Care Center, Inc., Ontario Operations Associates LLC, Optima Care Little Neck, LLC, Optima Care Smithtown, LLC, Optima Care White Plains, LLC, PRNC Operating LLC, Palffy Group LLC, Park Manor Acquisition II, LLC, Parkview Operating Co., LLC, Pavilion Operations LLC, Penfield Place, LLC, Pharney Group, LLC, Pine Haven Operating, LLC, Putnam Operating Acquisition I, LLC, Queens-Nassau Nursing Home, Inc., Ralex Services, Inc., Regeis Care Center, LLC, River Ridge Operating LLC, Rockaway Operations Associates, LLC, S&J Operational, LLC, SARNC Operating, LLC, SV Operating Three, LLC, Salem Acquisition I, LLC, Sapphire Center for Rehabilitation and Nursing of Central Queens, LLC, Schnur Operations Associates LLC, Seneca Health Care Center, LLC, Seneca Nursing & Rehabilitation Center, LLC, Sky View Rehabilitation and Health Care Center, LLC, South Shore Rehabilitation, LLC, Susquehanna Nursing & Rehabilitation Center, LLC, The Brightonian, Inc., The Hurlbut, LLC, The Shore Winds, LLC, URNC Operating, LLC, Warren Operations Associates LLC, Wartburg Receiver LLC, Washington Operations Associates LLC, Waterfront Operations Associates LLC, Waterview Acquisition 1, LLC, Wayne Center for Nursing & Rehabilitation, LLC, West Lawrence Care Center, LLC, Westgate Operations Associates, LLC, Williamsville Suburban, LLC, Woodside Manor Nursing Home, Inc., YRNC Operating, LLC. (Attachments: # 1 Declaration, # 2 Exhibit(s) A - NYS Master Plan for Aging, # 3 Exhibit(s) B - NYS Accounting Policies, # 4 Declaration, # 5 Exhibit(s) A - 2025 Notice Rates DAL, # 6 Exhibit(s) B - Capital Reimbursement Attestation 2025, # 7 Exhibit(s) C - 2025 Final Rates DAL, # 8 Declaration)(Greene, Francis) (Entered: 07/14/2025)

Letter Motion from Timothy P. Mulvey for James V. McDonald requesting Leave to File a Sur-reply or a Conference With the Court submitted to Judge Glenn T Suddaby . (Mulvey, Timothy) (Entered: 07/24/2025)

RESPONSE to Motion re 28 Letter Request/Motion filed by AURNC Operating, LLC, Abraham Operations Associates LLC, Absolut Center for Nursing and Rehabilitation at Allegany, LLC, Absolut Center for Nursing and Rehabilitation at Aurora Park, LLC, Avon Nursing Home, LLC, BVRNC Operating, LLC, Bainbridge Nursing and Rehabilitation Center, LLC, Beach Terrace Care Center, Inc., Betsy Ross Rehabilitation Center, Inc., Boro Park Operating Co, LLC, Bronx Harbor Health Care Complex, Inc., CLR Carthage LLC, CLR Glens Falls, LLC, CLR Minoa, LLC, CLR New Paltz, LLC, CLR Troy, LLC, Comprehensive at Orleans, LLC, Comprehensive at Williamsville, LLC, Conesus Lake Nursing Home, LLC, DOJ Operations Associates LLC, DURNC Operating, LLC, Delaware Operations Associates LLC, Dry Harbor HRF, Inc., EDRNC Operating, LLC, East Haven Nursing and Rehabiliation Center, LLC, Essex Operations Associates LLC, Fulton Operations Associates, LLC, GRNC Operating LLC, Garden Gate Health Care Facility, LLC, Grandell Rehabilitation and Nursing Center, Inc., HORNC Operating, LLC, HRNC Operating, LLC, Hamilton Manor Nursing Home, LLC, Haven Manor Health Care Center, LLC, Highland Care Center, Inc., Hollis Operating Co., LLC, IR Operations Associates LLC, Kaaterskil Operating LLC, Latta Road Nursing Home East, LLC, Latta Road Nursing Home West, LLC, Leroy Operating LLC, Meadow Park Rehabilitation & Health Care Center, LLC, Montgomery Operating Company, LLC, Mosholu Parkway Nursing & Rehabilitation Center, LLC, New Vanderbilt Rehabilitation and Care Center, Inc., Newark Manor Nursing Home, Inc., ORRNC Operating, LLC, Oceanside Care Center, Inc., Ontario Operations Associates LLC, Optima Care Little Neck, LLC, Optima Care Smithtown, LLC, Optima Care White Plains, LLC, PRNC Operating LLC, Palffy Group LLC, Park Manor Acquisition II, LLC, Parkview Operating Co., LLC, Pavilion Operations LLC, Penfield Place, LLC, Pharney Group, LLC, Pine Haven Operating, LLC, Putnam Operating Acquisition I, LLC, Queens-Nassau Nursing Home, Inc., Ralex Services, Inc., Regeis Care Center, LLC, River Ridge Operating LLC, Rockaway Operations Associates, LLC, S&J Operational, LLC, SARNC Operating, LLC, SV Operating Three, LLC, Salem Acquisition I, LLC, Sapphire Center for Rehabilitation and Nursing of Central Queens, LLC, Schnur Operations Associates LLC, Seneca Health Care Center, LLC, Seneca Nursing & Rehabilitation Center, LLC, Sky View Rehabilitation and Health Care Center, LLC, South Shore Rehabilitation, LLC, Susquehanna Nursing & Rehabilitation Center, LLC, The Brightonian, Inc., The Hurlbut, LLC, The Shore Winds, LLC, URNC Operating, LLC, Warren Operations Associates LLC, Wartburg Receiver LLC, Washington Operations Associates LLC, Waterfront Operations Associates LLC, Waterview Acquisition 1, LLC, Wayne Center for Nursing & Rehabilitation, LLC, West Lawrence Care Center, LLC, Westgate Operations Associates, LLC, Williamsville Suburban, LLC, Woodside Manor Nursing Home, Inc., YRNC Operating, LLC. (Greene, Francis) (Entered: 07/28/2025)

TEXT ORDER denying 28 Defendant's letter-request of 07/24/2025 for the reasons stated in Plaintiffs' response of 07/28/2025 (Dkt. No. 29 ). Defendant is respectfully advised that, to the extent that the purpose of his request is to "preserv[e] this development [i.e., the issuance of a Dear Administrator Letter of June 27, 2025] for the motion record," the Court will consider the substantive arguments presented in his letter-request (as it will consider the substantive arguments presented in Plaintiffs' response) when deciding Plaintiffs' pending motion for a preliminary injunction (Dkt. No. 18 ). In the near future, the Court shall schedule a hearing on Plaintiffs' motion. Two days before the hearing, each party must file a letter advising the Court of whether it intends to adduce evidence (e.g., through witness testimony and exhibits) at the hearing or only oral argument (in which case it would rely on the evidence adduced in its motion papers). Finally, to the extent Defendant requests a conference with the Court for the purpose of discussing "a stipulated resolution of Plaintiffs' motion" (as requested by Plaintiffs, see Dkt. No. 29, at 2), Defendant should promptly notify the Court of that fact: the Court is willing to accommodate that request. SO ORDERED by U.S. District Judge Glenn T Suddaby on 7/29/2025. (sal ) (Entered: 07/29/2025)

Order on Letter Request

STATUS REPORT On Related State Court Proceedings by James V. McDonald. (Attachments: # 1 Exhibit(s) Decision Order & Judgment)(Mulvey, Timothy) (Entered: 10/20/2025)

1 Exhibit(s) Decision Order & Judgment

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TEXT NOTICE of Hearing re 18 Motion for Preliminary Injunction filed by AURNC Operating, LLC, Abraham Operations Associates LLC, Absolut Center for Nursing and Rehabilitation at Allegany, LLC, Absolut Center for Nursing and Rehabilitation at Aurora Park, LLC, Avon Nursin : An in-person Motion Hearing is set for 12/9/2025 at 9:30 AM in Syracuse before U.S. District Judge Glenn T Suddaby. Two days before this hearing, each party must file a letter advising the Court of whether it intends to adduce evidence (e.g., through witness testimony and exhibits) at the hearing or only oral argument (in which case it would rely on the evidence adduced in its motion papers). (sal )

Notice of Hearing on Motion

STATUS REPORT Response to Dkt. No. 31 by AURNC Operating, LLC, Abraham Operations Associates LLC, Absolut Center for Nursing and Rehabilitation at Allegany, LLC, Absolut Center for Nursing and Rehabilitation at Aurora Park, LLC, Avon Nursing Home, LLC, BVRNC Operating, LLC, Bainbridge Nursing and Rehabilitation Center, LLC, Beach Terrace Care Center, Inc., Betsy Ross Rehabilitation Center, Inc., Boro Park Operating Co, LLC, Bronx Harbor Health Care Complex, Inc., CLR Carthage LLC, CLR Glens Falls, LLC, CLR Minoa, LLC, CLR New Paltz, LLC, CLR Troy, LLC, Comprehensive at Orleans, LLC, Comprehensive at Williamsville, LLC, Conesus Lake Nursing Home, LLC, DOJ Operations Associates LLC, DURNC Operating, LLC, Delaware Operations Associates LLC, Dry Harbor HRF, Inc., EDRNC Operating, LLC, East Haven Nursing and Rehabiliation Center, LLC, Essex Operations Associates LLC, Fulton Operations Associates, LLC, GRNC Operating LLC, Garden Gate Health Care Facility, LLC, Grandell Rehabilitation and Nursing Center, Inc., HORNC Operating, LLC, HRNC Operating, LLC, Hamilton Manor Nursing Home, LLC, Haven Manor Health Care Center, LLC, Highland Care Center, Inc., Hollis Operating Co., LLC, IR Operations Associates LLC, Kaaterskil Operating LLC, Latta Road Nursing Home East, LLC, Latta Road Nursing Home West, LLC, Leroy Operating LLC, Meadow Park Rehabilitation & Health Care Center, LLC, Montgomery Operating Company, LLC, Mosholu Parkway Nursing & Rehabilitation Center, LLC, New Vanderbilt Rehabilitation and Care Center, Inc., Newark Manor Nursing Home, Inc., ORRNC Operating, LLC, Oceanside Care Center, Inc., Ontario Operations Associates LLC, Optima Care Little Neck, LLC, Optima Care Smithtown, LLC, Optima Care White Plains, LLC, PRNC Operating LLC, Palffy Group LLC, Park Manor Acquisition II, LLC, Parkview Operating Co., LLC, Pavilion Operations LLC, Penfield Place, LLC, Pharney Group, LLC, Pine Haven Operating, LLC, Putnam Operating Acquisition I, LLC, Queens-Nassau Nursing Home, Inc., Ralex Services, Inc., Regeis Care Center, LLC, River Ridge Operating LLC, Rockaway Operations Associates, LLC, S&J Operational, LLC, SARNC Operating, LLC, SV Operating Three, LLC, Salem Acquisition I, LLC, Sapphire Center for Rehabilitation and Nursing of Central Queens, LLC, Schnur Operations Associates LLC, Seneca Health Care Center, LLC, Seneca Nursing & Rehabilitation Center, LLC, Sky View Rehabilitation and Health Care Center, LLC, South Shore Rehabilitation, LLC, Susquehanna Nursing & Rehabilitation Center, LLC, The Brightonian, Inc., The Hurlbut, LLC, The Shore Winds, LLC, URNC Operating, LLC, Warren Operations Associates LLC, Wartburg Receiver LLC, Washington Operations Associates LLC, Waterfront Operations Associates LLC, Waterview Acquisition 1, LLC, Wayne Center for Nursing & Rehabilitation, LLC, West Lawrence Care Center, LLC, Westgate Operations Associates, LLC, Williamsville Suburban, LLC, Woodside Manor Nursing Home, Inc., YRNC Operating, LLC. (Greene, Francis) (Entered: 10/22/2025)

TEXT ORDER granting in part, and denying, in part 32 Plaintiffs' request to disregard Defendant's "status report" of 10/20/25 (Dkt. No. 31 ). While the Court will disregard Defendant's legal arguments (for the reasons stated by Plaintiffs), the Court will take notice of the state court decision that Defendant attaches to his "status report." Briefing is complete on Plaintiffs' motion for a preliminary injunction. SO ORDERED by U.S. District Judge Glenn T Suddaby on 10/23/2025. (sal ) (Entered: 10/23/2025)

Order

STATUS REPORT by AURNC Operating, LLC, Abraham Operations Associates LLC, Absolut Center for Nursing and Rehabilitation at Allegany, LLC, Absolut Center for Nursing and Rehabilitation at Aurora Park, LLC, Avon Nursing Home, LLC, BVRNC Operating, LLC, Bainbridge Nursing and Rehabilitation Center, LLC, Beach Terrace Care Center, Inc., Betsy Ross Rehabilitation Center, Inc., Boro Park Operating Co, LLC, Bronx Harbor Health Care Complex, Inc., CLR Carthage LLC, CLR Glens Falls, LLC, CLR Minoa, LLC, CLR New Paltz, LLC, CLR Troy, LLC, Comprehensive at Orleans, LLC, Comprehensive at Williamsville, LLC, Conesus Lake Nursing Home, LLC, DOJ Operations Associates LLC, DURNC Operating, LLC, Delaware Operations Associates LLC, Dry Harbor HRF, Inc., EDRNC Operating, LLC, East Haven Nursing and Rehabiliation Center, LLC, Essex Operations Associates LLC, Fulton Operations Associates, LLC, GRNC Operating LLC, Garden Gate Health Care Facility, LLC, Grandell Rehabilitation and Nursing Center, Inc., HORNC Operating, LLC, HRNC Operating, LLC, Hamilton Manor Nursing Home, LLC, Haven Manor Health Care Center, LLC, Highland Care Center, Inc., Hollis Operating Co., LLC, IR Operations Associates LLC, Kaaterskil Operating LLC, Latta Road Nursing Home East, LLC, Latta Road Nursing Home West, LLC, Leroy Operating LLC, Meadow Park Rehabilitation & Health Care Center, LLC, Montgomery Operating Company, LLC, Mosholu Parkway Nursing & Rehabilitation Center, LLC, New Vanderbilt Rehabilitation and Care Center, Inc., Newark Manor Nursing Home, Inc., ORRNC Operating, LLC, Oceanside Care Center, Inc., Ontario Operations Associates LLC, Optima Care Little Neck, LLC, Optima Care Smithtown, LLC, Optima Care White Plains, LLC, PRNC Operating LLC, Palffy Group LLC, Park Manor Acquisition II, LLC, Parkview Operating Co., LLC, Pavilion Operations LLC, Penfield Place, LLC, Pharney Group, LLC, Pine Haven Operating, LLC, Putnam Operating Acquisition I, LLC, Queens-Nassau Nursing Home, Inc., Ralex Services, Inc., Regeis Care Center, LLC, River Ridge Operating LLC, Rockaway Operations Associates, LLC, S&J Operational, LLC, SARNC Operating, LLC, SV Operating Three, LLC, Salem Acquisition I, LLC, Sapphire Center for Rehabilitation and Nursing of Central Queens, LLC, Schnur Operations Associates LLC, Seneca Health Care Center, LLC, Seneca Nursing & Rehabilitation Center, LLC, Sky View Rehabilitation and Health Care Center, LLC, South Shore Rehabilitation, LLC, Susquehanna Nursing & Rehabilitation Center, LLC, The Brightonian, Inc., The Hurlbut, LLC, The Shore Winds, LLC, URNC Operating, LLC, Warren Operations Associates LLC, Wartburg Receiver LLC, Washington Operations Associates LLC, Waterfront Operations Associates LLC, Waterview Acquisition 1, LLC, Wayne Center for Nursing & Rehabilitation, LLC, West Lawrence Care Center, LLC, Westgate Operations Associates, LLC, Williamsville Suburban, LLC, Woodside Manor Nursing Home, Inc., YRNC Operating, LLC. (Attachments: # 1 Exhibit(s) A - Statement of Qualifications)(Greene, Francis) (Entered: 12/05/2025)

1 Exhibit(s) A - Statement of Qualifications

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RESPONSE in Opposition re 18 Motion for Preliminary Injunction,,,,,,,,,,,,,,,,,,,,,,,, Letter Regarding Witnesses and Exhibits for Hearing filed by James V. McDonald. (Mulvey, Timothy) (Entered: 12/06/2025)

Motion Hearing

Exhibit List

DECISION AND ORDER granting that Plaintiffs' motion for an Order preliminarily enjoining Defendants, pursuant to Fed. R. Civ. P. 65 (Dkt. No. 18 ) is GRANTED. Defendant is enjoined from taking any action to eliminate the ongoing capital reimbu rsement of Plaintiffs on line 60 of their Medicaid rate sheets, including as indicated in the so-called "Notice Rates" issued to Plaintiffs on or about November 1, 2024, or via recoupment of amounts paid under line 60 between April 2020 and December 2024, during the pendency of this action. In order to afford Defendant an opportunity to consider his appellate options (including whether to apply to the Second Circuit for a stay of this Preliminary Injunction pending appeal), the Court sua sponte temporarily stays this Preliminary Injunction for a period of FOURTEEN (14) DAYS from the date of entry of this Decision and Order. Signed by U.S. District Judge Glenn T Suddaby on 12/30/2025. (sal )

Reconsideration

Preliminary Injunction

Order

Letter Request/Motion

Order on Letter Request

Letter Request/Motion

Order on Letter Request

Order