Case: Dominican Sisters of Hawthorne v. Hochul

Dominican Sisters of Hawthorne et al. v. Hochul et al.

COMPLAINT against Kelly Anderson, Kathy Hochul, James McDonald, Stephanie Paton, Kristen Pergolino. (Filing Fee $ 405.00, Receipt Number ANYSDC-32656686)Document filed by Dominican Sisters of Hawthorne, Servants of Relief for Incurable Cancer dba Rosary Hill Home. (Attachments: # 1 Exhibit March 18, 2024 NY Dept of Health Letter to Hawthorne Dominicans, # 2 Exhibit October 2, 2024 NY Dept of Health Letter to Hawthorne Dominicans, # 3 Exhibit January 26, 2025 NY Dept of Health Letter to Hawthorne Dominicans).(Wilson, Lincoln) (Entered: 04/06/2026)

1 Exhibit March 18, 2024 NY Dept of Health Letter to Hawthorne Dominicans

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2 Exhibit October 2, 2024 NY Dept of Health Letter to Hawthorne Dominicans

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3 Exhibit January 26, 2025 NY Dept of Health Letter to Hawthorne Dominicans

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CIVIL COVER SHEET filed..(Wilson, Lincoln) (Entered: 04/06/2026)

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kathy Hochul, re: 1 Complaint,,. Document filed by Dominican Sisters of Hawthorne, Servants of Relief for Incurable Cancer dba Rosary Hill Home..(Wilson, Lincoln) Modified on 4/7/2026 (pc). (Entered: 04/06/2026)

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to James McDonald, re: 1 Complaint,,. Document filed by Dominican Sisters of Hawthorne, Servants of Relief for Incurable Cancer dba Rosary Hill Home..(Wilson, Lincoln) Modified on 4/7/2026 (pc). (Entered: 04/06/2026)

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kristen Pergolino, re: 1 Complaint,,. Document filed by Dominican Sisters of Hawthorne, Servants of Relief for Incurable Cancer dba Rosary Hill Home..(Wilson, Lincoln) Modified on 4/7/2026 (pc). (Entered: 04/06/2026)

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kelly Anderson, re: 1 Complaint,,. Document filed by Dominican Sisters of Hawthorne, Servants of Relief for Incurable Cancer dba Rosary Hill Home..(Wilson, Lincoln) Modified on 4/7/2026 (pc). (Entered: 04/06/2026)

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Stephanie Paton, re: 1 Complaint,,. Document filed by Dominican Sisters of Hawthorne, Servants of Relief for Incurable Cancer dba Rosary Hill Home..(Wilson, Lincoln) Modified on 4/7/2026 (pc). (Entered: 04/06/2026)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Notice to Attorney Regarding Party Modification

Case Opening Initial Assignment Notice

Magistrate Judge Victoria Reznik is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)

Case Designated ECF. (pc)

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lincoln Wilson. The party information for the following party/parties has been modified: Kelly Anderson, Kathy Hochul, James McDonald, Stephanie Paton, Kristen Pergolino. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (pc)

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lincoln Wilson to RE-FILE Document No. 7 Request for Issuance of Summons, 6 Request for Issuance of Summons, 3 Request for Issuance of Summons, 4 Request for Issuance of Summons, 5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. Summons form; file one summons form from the SDNY website with a rider attached listing each defendant and their addresses;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)

REQUEST FOR ISSUANCE OF SUMMONS as to Kathy Hochul; James V. McDonald; Kristen M. Pergolino; Kelly Ann Anderson; and Stephanie E. Paton, re: 1 Complaint,,. Document filed by Dominican Sisters of Hawthorne, Servants of Relief for Incurable Cancer dba Rosary Hill Home..(Wilson, Lincoln) (Entered: 04/08/2026)

ELECTRONIC SUMMONS ISSUED as to Kathy Hochul, James V. McDonald, Kelly Ann Anderson, Kristen M. Pergolino, Stephanie E. Paton..(jgo) (Entered: 04/09/2026)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Dominican Sisters of Hawthorne, Servants of Relief for Incurable Cancer dba Rosary Hill Home..(Wilson, Lincoln) (Entered: 04/16/2026)

MOTION for Andrew M. Nussbaum to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32770418. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dominican Sisters of Hawthorne, Servants of Relief for Incurable Cancer dba Rosary Hill Home. (Attachments: # 1 Affidavit of Andrew M. Nussbaum, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order for Admission Pro Hac Vice of Andrew M. Nussbaum).(Nussbaum, Andrew) (Entered: 04/29/2026)

1 Affidavit of Andrew M. Nussbaum

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2 Exhibit Certificate of Good Standing

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3 Proposed Order for Admission Pro Hac Vice of Andrew M. Nussbaum

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MOTION for L. Martin Nussbaum to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32770499. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dominican Sisters of Hawthorne, Servants of Relief for Incurable Cancer dba Rosary Hill Home. (Attachments: # 1 Affidavit of L. Martin Nussbaum, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order for Admission Pro Hac Vice of L. Martin Nussbaum).(Nussbaum, Leonard) (Entered: 04/29/2026)

MOTION for Erin Gust to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32773849. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dominican Sisters of Hawthorne, Servants of Relief for Incurable Cancer dba Rosary Hill Home. (Attachments: # 1 Affidavit of Erin Gust, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order for Admission Pro Hac Vice of Erin Gust).(Gust, Erin) (Entered: 04/29/2026)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 11 MOTION for Andrew M. Nussbaum to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32770418. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 12 MOTION for L. Martin Nussbaum to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32770499. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 13 MOTION for Erin Gust to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32773849. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

ORDER FOR ADMISSION PRO HAC VICE ANDREW M. NUSSBAUM granting 11 Motion for Andrew M. Nussbaum to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the motion at ECF No. 11. (Signed by Judge Nelson Stephen Roman on 4/30/2026) (rro) Transmission to Attorney Services/Help Desk. (Entered: 04/30/2026)

ORDER FOR ADMISSION PRO HAC VICE L. MARTIN NUSSBAUM granting 12 Motion for L. Martin Nussbaum to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the motion at ECF No. 12.. (Signed by Judge Nelson Stephen Roman on 4/30/2026) (rro) Transmission to Attorney Services/Help Desk. (Entered: 04/30/2026)

ORDER FOR ADMISSION PRO HAC VICE ERIN GUST granting 13 Motion for Erin Gust to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the motion at ECF No. 13.. (Signed by Judge Nelson Stephen Roman on 4/30/2026) (rro) Transmission to Attorney Services/Help Desk. (Entered: 04/30/2026)

NOTICE OF APPEARANCE by Julia Alexandra Busetti on behalf of Kathy Hochul, James V. McDonald, Kelly Ann Anderson, Kristen M. Pergolino, Stephanie E. Paton..(Busetti, Julia) (Entered: 05/06/2026)

LETTER MOTION for Extension of Time for Defendants to answer, move, or otherwise respond to the Complaint addressed to Judge Nelson Stephen Roman from Julia Busetti dated May 6, 2026. Document filed by Kathy Hochul, James V. McDonald, Kelly Ann Anderson, Kristen M. Pergolino, Stephanie E. Paton..(Busetti, Julia) (Entered: 05/06/2026)

SUMMONS RETURNED EXECUTED. Kathy Hochul served on 4/20/2026, answer due 5/11/2026. Service was accepted by Amber Schofield, Office Assistant 1. Service was made by Mail. Document filed by Dominican Sisters of Hawthorne; Servants of Relief for Incurable Cancer dba Rosary Hill Home. (Attachments: # 1 Exhibit U.S. Postal Service Return Receipt, # 2 Exhibit Affirmation of Service).(Nussbaum, Andrew) (Entered: 05/07/2026)

SUMMONS RETURNED EXECUTED. James V. McDonald served on 4/21/2026, answer due 5/12/2026. Service was accepted by Amber Schofield, Office Assistant 1. Service was made by Mail. Document filed by Dominican Sisters of Hawthorne; Servants of Relief for Incurable Cancer dba Rosary Hill Home. (Attachments: # 1 Exhibit U.S. Postal Service Return Receipt, # 2 Exhibit Affirmation of Service).(Nussbaum, Andrew) (Entered: 05/07/2026)

SUMMONS RETURNED EXECUTED. Kristen M. Pergolino served on 4/23/2026, answer due 5/14/2026. Service was accepted by Amber Schofield, Office Assistant 1. Service was made by Mail. Document filed by Dominican Sisters of Hawthorne; Servants of Relief for Incurable Cancer dba Rosary Hill Home. (Attachments: # 1 Exhibit U.S. Postal Service Return Receipt, # 2 Exhibit Affirmation of Service).(Nussbaum, Andrew) (Entered: 05/07/2026)

SUMMONS RETURNED EXECUTED. Kelly Ann Anderson served on 4/21/2026, answer due 5/12/2026. Service was accepted by Amber Schofield, Office Assistant 1. Document filed by Dominican Sisters of Hawthorne; Servants of Relief for Incurable Cancer dba Rosary Hill Home. (Attachments: # 1 Exhibit U.S. Postal Service Return Receipt, # 2 Exhibit Affirmation of Service).(Nussbaum, Andrew) (Entered: 05/07/2026)

SUMMONS RETURNED EXECUTED. Stephanie E. Paton served on 4/21/2026, answer due 5/12/2026. Service was accepted by Amber Schofield, Office Assistant 1. Service was made by Mail. Document filed by Dominican Sisters of Hawthorne; Servants of Relief for Incurable Cancer dba Rosary Hill Home. (Attachments: # 1 Exhibit U.S. Postal Service Return Receipt, # 2 Exhibit Affirmation of Service).(Nussbaum, Andrew) (Entered: 05/07/2026)

ORDER granting 18 Letter Motion for Extension of Time. Defendants' request for an extension of time to answer, move, or otherwise respond to the Complaint is GRANTED on consent. Defendants shall answer, move, or otherwise respond to the Complaint by June 11, 2026. The Clerk of Court is directed to terminate the motion at ECF No. 18. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 5/7/2026) (mml) (Entered: 05/07/2026)

Set/Reset Deadlines: Kathy Hochul answer due 6/11/2026; James V. McDonald answer due 6/11/2026; Kelly Ann Anderson answer due 6/11/2026; Kristen M. Pergolino answer due 6/11/2026; Stephanie E. Paton answer due 6/11/2026. (mml)

JOINT LETTER MOTION for Extension of Time for Defendants to Respond to the Complaint and Request that the Court So-Order Parties' Agreement Re: Stay of Enforcement addressed to Judge Nelson Stephen Roman from Julia Busetti dated June 8, 2026. Document filed by Kathy Hochul, James V. McDonald, Kelly Ann Anderson, Kristen M. Pergolino, Stephanie E. Paton..(Busetti, Julia) (Entered: 06/08/2026)

ORDER granting 25 Letter Motion for Extension of Time. The Court 'So Orders' the instant stipulation as presented by Defendants' counsel, including extending the deadline for Defendants to answer, move, or otherwise respond to the Complaint to July 2, 2026. The Court further directs Plaintiff to file a letter on or before June 12, 2026 signed by counsel representing to the Court that they are in agreement with all of the terms as delineated in this letter. The Clerk of Court is directed to terminate the motion at ECF No. 25. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/10/2026) (mml) (Entered: 06/10/2026)

Set/Reset Deadlines: Kathy Hochul answer due 7/2/2026; James V. McDonald answer due 7/2/2026; Kelly Ann Anderson answer due 7/2/2026; Kristen M. Pergolino answer due 7/2/2026; Stephanie E. Paton answer due 7/2/2026. (mml)

LETTER addressed to Judge Nelson Stephen Roman from Andrew Nussbaum dated 6/12/2026 re: June 10 Order. Document filed by Dominican Sisters of Hawthorne, Servants of Relief for Incurable Cancer dba Rosary Hill Home..(Wilson, Lincoln) (Entered: 06/12/2026)

LETTER addressed to Judge Nelson Stephen Roman from Gregory Dolin dated 06/18/2026 re: Request for Pre-Motion Conference on Intended Motion to Intervene. Document filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Certificate of the Attorney General).(Dolin, Gregory) (Entered: 06/18/2026)

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NOTICE OF APPEARANCE by Gregory Dolin on behalf of UNITED STATES OF AMERICA..(Dolin, Gregory) (Entered: 06/18/2026)

MEMO ENDORSEMENT on re: 28 Letter, filed by UNITED STATES OF AMERICA. ENDORSEMENT: The Court waives the pre-motion conference requirement and sets the following briefing schedule for Intervenor Plaintiff USA's motion to intervene: (1) USA's moving papers are to be served (not filed) on or before June 26, 2026; (2) Defendants' opposition papers, if any, are to be served (not filed) on or before July 3, 2026; and (3) USA's reply papers, if any, are to be served and filed on or before July 10, 2026. All motion papers are to be filed on the reply date, July 10, 2026. The parties are directed to mail two hard copies of their papers to Chambers as they are served. ( Motions due by 7/10/2026., Responses due by 7/10/2026, Replies due by 7/10/2026.) (Signed by Judge Nelson Stephen Roman on 6/19/2026) (rro) (Entered: 06/22/2026)

LETTER MOTION for Conference in anticipation of Defendants' Motion to Dismiss the Complaint addressed to Judge Nelson Stephen Roman from Julia Busetti dated July 2, 2026. Document filed by Kathy Hochul, James V. McDonald, Kelly Ann Anderson, Kristen M. Pergolino, Stephanie E. Paton..(Busetti, Julia) (Entered: 07/02/2026)

ORDER terminating 31 Letter Motion for Conference. Plaintiffs are directed to respond to Defendants' letter by July 13, 2026. The Clerk of Court is kindly directed to terminate the motion at ECF No. 31. (Signed by Judge Nelson Stephen Roman on 7/6/2026) (sgz) (Entered: 07/06/2026)

Set/Reset Deadlines: Responses due by 7/13/2026 (sgz)

MOTION to Intervene . Document filed by UNITED STATES OF AMERICA. (Attachments: # 1 Supplement Memorandum in Support of Motion to Intervene, # 2 Exhibit Proposed Complaint in Intervention, # 3 Exhibit Certificate of Attorney General, # 4 Supplement Certificate of Service).(Dolin, Gregory) (Entered: 07/10/2026)

1 Supplement Memorandum in Support of Motion to Intervene

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2 Exhibit Proposed Complaint in Intervention

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3 Exhibit Certificate of Attorney General

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4 Supplement Certificate of Service

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RESPONSE to Motion re: 33 MOTION to Intervene . . Document filed by Kathy Hochul, James V. McDonald, Kelly Ann Anderson, Kristen M. Pergolino, Stephanie E. Paton..(Busetti, Julia) (Entered: 07/10/2026)

CERTIFICATE OF SERVICE of Defendants' Response to Motion to Intervene served on All Counsel of Record by Email on July 2, 2026. Document filed by Kathy Hochul, James V. McDonald, Kelly Ann Anderson, Kristen M. Pergolino, Stephanie E. Paton..(Busetti, Julia) (Entered: 07/10/2026)

LETTER RESPONSE to Motion addressed to Judge Nelson Stephen Roman from Andrew Nussbaum dated 7/13/2026 re: 31 LETTER MOTION for Conference in anticipation of Defendants' Motion to Dismiss the Complaint addressed to Judge Nelson Stephen Roman from Julia Busetti dated July 2, 2026. . Document filed by Dominican Sisters of Hawthorne, Servants of Relief for Incurable Cancer dba Rosary Hill Home..(Wilson, Lincoln) (Entered: 07/13/2026)

ORDER granting 33 Motion to Intervene. The United States of America's motion to intervene is GRANTED with no opposition from Defendants. Intervenor Plaintiff United States of America is directed to file the proposed complaint accompanying its motion to intervene as an exhibit at ECF No. 33, Ex. 1. The Clerk of Court is directed to terminate the motion at ECF NO. 33. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/13/2026) (ar) (Entered: 07/13/2026)

INTERVENOR COMPLAINT against Kathy Hochul, James V. McDonald, Kelly Ann Anderson, Kristen M. Pergolino, Stephanie E. Paton.Document filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Certificate of Service).(Dolin, Gregory) (Entered: 07/13/2026)

1 Exhibit Certificate of Service

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