Case: New Hope Family Services, Inc. v. Poole

U.S. Court of Appeals for the Second Circuit

COMPLAINT against Sheila J. Poole (Filing fee $400 receipt number ANYNDC-4585142) filed by New Hope Family Services, Inc.. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7, # 8 Civil Cover Sheet)(mgh) (Entered: 12/07/2018)

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 Exhibit(s) 6

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7 Exhibit(s) 7

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8 Civil Cover Sheet

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Notice of Intent to File Motion for Preliminary Injunction and Request for Telephonic Conference if necessary filed by New Hope Family Services, Inc. (mgh) (Entered: 12/07/2018)

Summons Issued as to Sheila J. Poole. (mgh) (Entered: 12/07/2018)

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/7/2019 09:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/28/2019. All conferences are conducted by telephone. Plaintiff's attorney will initiate the call (unless the Court directs differently) and shall contact Judge Dancks' Chambers at 315-234-8618 (a dedicated line solely for telephone conferences) once all parties are on the line. Counsel may use a teleconferencing service for assistance initiating conference calls to the Court. For cases involving pro se parties, the Court will initiate the call for the Rule 16 Conference. Pro se parties are instructed to provide the Court with a telephone number where they may be reached for a conference call. (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: 12/07/2018)

NOTICE of Admission Requirement as to Party New Hope Family Services; Attorney Erik Stanley, Esq., Email address is estanley@ADFlegal.org. Admissions due by 12/21/2018. {Sent via email}.(mgh) (Entered: 12/07/2018)

NOTICE of Admission Requirement as to Party New Hope Family Services, Inc.; Attorney Roger Brooks, Esq., Email address is rbrooks@adflegal.org. Admissions due by 12/21/2018. (mgh) {Sent via email}. (Entered: 12/07/2018)

NOTICE of Admission Requirement as to Party New Hope Family Services, Inc.; Attorney Jeremiah Galus, Esq., Email address is jgalus@ADFlegal.org. Admissions due by 12/21/2018. (mgh) {Sent via email}. (Entered: 12/07/2018)

NOTICE of Admission Requirement as to Party New Hope Family Services; Attorney Jenna Hallock, Esq., Email address is jhallock@ADFlegal.org. Admissions due by 12/21/2018. {Sent via email}(mgh) (Entered: 12/07/2018)

TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. http://www.nynd.uscourts.gov/sites/nynd/files/DAgostino_03142016.pdf. (mgh) (Entered: 12/07/2018)

TEXT ORDER re 2 Notice (Other) filed by New Hope Family Services, Inc.: It is hereby ORDERED that the Plaintiff's request for leave to file a Motion for Preliminary Injunction is GRANTED. No Court conference is necessary. Signed by U.S. District Judge Mae A. D'Agostino on 12/7/2018. (ban) (Entered: 12/07/2018)

MOTION for Limited Admission Pro Hac Vice of Erik Stanley Filing fee $100, receipt number ANYNDC-4587344. filed by New Hope Family Services, Inc.. (Attachments: # 1 Exhibit(s) Declaration of Sponsor, # 2 Exhibit(s) New Attorney E-filing Registration and Oath, # 3 Exhibit(s) Petition for Admission, # 4 Exhibit(s) Certificate of Good Standing, # 5 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Scruggs, Jonathan) (Entered: 12/10/2018)

MOTION for Limited Admission Pro Hac Vice of Jeremiah Galus Filing fee $100, receipt number ANYNDC-4587408. filed by New Hope Family Services, Inc.. (Attachments: # 1 Exhibit(s) Declaration of Sponsor, # 2 Exhibit(s) New Attorney E-filing Registration and Oath, # 3 Exhibit(s) Petition for Admission, # 4 Exhibit(s) Certificate of Good Standing, # 5 Exhibit(s) Proposed Order) Motions referred to Therese Wiley Dancks. (Scruggs, Jonathan) (Entered: 12/10/2018)

MOTION for Limited Admission Pro Hac Vice of Jeana Hallock Filing fee $100, receipt number ANYNDC-4587439. filed by New Hope Family Services, Inc.. (Attachments: # 1 Exhibit(s) Declaration of Sponsor, # 2 Exhibit(s) New Attorney E-filing Registration and Oath, # 3 Exhibit(s) Petition for Admission, # 4 Exhibit(s) Certificate of Good Standing, # 5 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Scruggs, Jonathan) (Entered: 12/10/2018)

AFFIDAVIT of Service for Verified Complaint & Exhibits; Notice of Intent to File MPI; Summons; G.O.25 filing order served on Sheila J. Poole on 12-10-2018, filed by New Hope Family Services, Inc.. (Scruggs, Jonathan) (Entered: 12/10/2018)

MOTION for Preliminary Injunction filed by New Hope Family Services, Inc.. (Attachments: # 1 Memorandum of Law, # 2 Affidavit of Judith A. Geyer, # 3 Affidavit of Charity Loscombe, # 4 Affidavit of Ellie Stultz, # 5 Affidavit of Elaine Bleuer, # 6 Affidavit of Jeremy Johnston, # 7 Affidavit of Justin Bleuer) (Scruggs, Jonathan) Modified on 9/23/2020 (ban). (Entered: 12/12/2018)

1 Memorandum of Law

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2 Affidavit of Judith A. Geyer

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3 Affidavit of Charity Loscombe

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4 Affidavit of Ellie Stultz

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5 Affidavit of Elaine Bleuer

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6 Affidavit of Jeremy Johnston

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7 Affidavit of Justin Bleuer

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TEXT ORDER SETTING ORAL ARGUMENTS re 15 MOTION for Preliminary Injunction : Oral Arguments are set for 1/16/2019 at 9:00 a.m. in Albany before U.S. District Judge Mae A. D'Agostino; Plaintiff's counsel is directed to serve a copy of the Summons, Complaint, General Order, Motion for Preliminary Injunction, and this text order upon the defendant on or before 12/21/18. Plaintiff's counsel must file an affidavit of service with the court once the defendant has been served. Defendant's response to 15 Motion for Preliminary Injunction, shall be filed on or before 1/4/19; Plaintiff's Reply shall be filed on or before 1/9/19. Signed by U.S. District Judge Mae A. D'Agostino on 12/13/2018.(ban) (Entered: 12/13/2018)

TEXT ORDER granting 11 Motion for Limited Admission Pro Hac Vice of Erik Stanley, Esq. for New Hope Family Services, Inc. IMMEDIATE ATTENTION REQUIRED: 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. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/13/2018. (sg) (Entered: 12/13/2018)

TEXT ORDER granting 12 Motion for Limited Admission Pro Hac Vice of Jeremiah Galus, Esq. for New Hope Family Services, Inc. IMMEDIATE ATTENTION REQUIRED: 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. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/13/2018. (sg) (Entered: 12/13/2018)

TEXT ORDER granting 13 Motion for Limited Admission Pro Hac Vice of Jeana Hallock, Esq. for New Hope Family Services, Inc. IMMEDIATE ACTION REQUIRED: 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. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/13/2018. (sg) (Entered: 12/13/2018)

Order on Motion for Limited Admission Pro Hac Vice

~Util - Set Deadlines/Hearings

Order Setting Hearing on Motion

AFFIDAVIT of Service for Notice of Motion and Motion for Preliminary Injunction; Motions for PHV for Erik Stanley, Jeremiah Galus, and Jeana Hallock served on Sheila J. Poole on 12-13-2018, filed by New Hope Family Services, Inc.. (Scruggs, Jonathan) (Entered: 12/17/2018)

AFFIDAVIT of Service for Order setting oral arguments re Motion for Preliminary Injunction; and Orders granting PHV Admission for Erik Stanley, Jeremiah Galus, and Jeana Hallock served on Sheila J. Poole on 12-17-2018, filed by New Hope Family Services, Inc.. (Scruggs, Jonathan) (Entered: 12/17/2018)

NOTICE of Appearance by Jeremiah Galus on behalf of New Hope Family Services, Inc. (Galus, Jeremiah) (Entered: 12/19/2018)

NOTICE of Appearance by Erik W. Stanley on behalf of New Hope Family Services, Inc. (Stanley, Erik) (Entered: 12/19/2018)

NOTICE of Appearance by Jeana Hallock on behalf of New Hope Family Services, Inc. (Hallock, Jeana) (Entered: 12/19/2018)

NOTICE of Appearance by Adrienne J. Kerwin on behalf of Sheila J. Poole (Kerwin, Adrienne) (Entered: 12/20/2018)

Pre-Motion Letter by Sheila J. Poole requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 12/31/2018 (Kerwin, Adrienne) (Entered: 12/28/2018)

MOTION for Limited Admission Pro Hac Vice of Roger G. Brooks Filing fee $100, receipt number ANYNDC-4605304. filed by New Hope Family Services, Inc.. (Attachments: # 1 Exhibit(s) Petition for Admission, # 2 Exhibit(s) New Attorney E-filing Registration and Oath, # 3 Exhibit(s) Certificate of Good Standing, # 4 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Stanley, Erik) (Entered: 01/02/2019)

Supplemental Admission documents re: 27 Motion for Limited Admission Pro Hac Vice,. (Scruggs, Jonathan) (Entered: 01/02/2019)

Pre-Motion Response to 26 Pre-Motion Letter by Sheila J. Poole requesting a pre-motion conference submitted to Judge D'Agostino . (Stanley, Erik) (Entered: 01/02/2019)

Notice of Attorney Admission Filing Deficiency

Notice of Filing Deficiency re: 27 Motion for Limited Admission Pro Hac Vice,. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Declaration of Sponsor The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, )

TEXT ORDER granting 27 Motion for Limited Admission Pro Hac Vice of Roger Brooks, Esq. for New Hope Famil Services, Inc. IMMEDIATE ACTION REQUIRED: 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. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/3/2019. (sg) (Entered: 01/03/2019)

NOTICE of Appearance by Roger Greenwood Brooks on behalf of New Hope Family Services, Inc. (Brooks, Roger) (Entered: 01/04/2019)

AFFIDAVIT in Opposition re 15 MOTION for Preliminary Injunction and Memorandum of Law filed by Sheila J. Poole. (Attachments: # 1 Memorandum of Law)(Kerwin, Adrienne) (Entered: 01/04/2019)

1 Memorandum of Law

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TEXT Minute Entry for Telephone Pre-Motion Conference held on 1/8/2019 before U.S. District Judge Mae A. D'Agostino: Appearances by Roger Brooks, Esq. and Jeana Hallock, Esq. for the Plaintiff; Adrienne Kerwin, AAG for the defendants; Judge D'Agostino addresses counsel regarding the defendants pre-motion request for leave to file a motion to dismiss; The motion to dismiss may be filed on or before 1/14/19; Judge D'Agostino will address the previously filed motion for preliminary injunction and the motion to dismiss at the same hearing; ORAL ARGUMENTS on both motions is set for February 19, 2019 at 11:00 a.m. in Albany before Judge D'Agostino; Counsel should report to Courtroom No. 5 for this hearing; Response papers shall be filed on or before 2/4/19; Reply papers shall be filed on or before 2/8/19. Both motions will be addressed on an expedited schedule.(Court Reporter Jacqueline Stroffolino, CRD Britney Norton [Time 11:00 a.m. - 11:05 a.m.]) (ban)

Telephone Conference

TEXT NOTICE of Hearing on Motion 15 MOTION for Preliminary Injunction : ORAL ARGUMENTS are set for 2/19/2019 at 11:00 AM in Albany before U.S. District Judge Mae A. D'Agostino. (ban)

Notice of Hearing on Motion

REPLY to Response to Motion re 15 MOTION for Preliminary Injunction filed by New Hope Family Services, Inc.. (Brooks, Roger) (Entered: 01/09/2019)

MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 2/19/2019 11:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 2/4/2019 Reply to Response to Motion due by 2/8/2019. filed by Sheila J. Poole. (Attachments: # 1 Memorandum of Law) (Kerwin, Adrienne) (Entered: 01/14/2019)

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TEXT ORDER: In light of the pending motions at Dkt. Nos. 15 and 34, the Rule 16 Initial Conference set for 3/7/2019 and the associated deadlines are adjourned without new date at this time and will be rescheduled, if necessary, after the pending motions are decided by the District Court. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/16/2019. (sg) (Entered: 01/16/2019)

RESPONSE in Opposition re 34 MOTION to Dismiss for Failure to State a Claim filed by New Hope Family Services, Inc.. (Brooks, Roger) (Entered: 02/04/2019)

REPLY to Response to Motion re 34 MOTION to Dismiss for Failure to State a Claim filed by Sheila J. Poole. (Kerwin, Adrienne) (Main Document 37 replaced on 2/11/2019) (mgh, ). (Entered: 02/08/2019)

CLERK'S CORRECTION OF DOCKET ENTRY re 37 Reply to Response to Motion. The pdf image was inadvertently scanned with two additional pages not intended for filing on the docket. The document has been corrected and replaced. (mgh)

Clerk's Correction of Docket Entry

TEXT Minute Entry for Oral Arguments held on 2/19/2019 re 34 MOTION to Dismiss for Failure to State a Claim filed by Sheila J. Poole, 15 MOTION for Preliminary Injunction filed by New Hope Family Services, Inc.before U.S. District Judge Mae A. D'Agostino: Appearances by Roger Greenwood Brooks, Esq., David Cortman, and Jeana Hallock, Esq. for the Plaintiff; Adrienne Kerwin, AAG for the defendant; Counsel for the Plaintiff and Counsel for the defendant address the Court. Arguments are heard from both sides and the Court inquires of counsel; A written decision on the motions will be entered by the Court. (Court Reporter Jacqueline Stroffolino, CRD Britney Norton [Time 10:54 a.m. - 12:04 a.m.]) (ban)

Motion Hearing

MEMORANDUM-DECISION AND ORDER denying 15 Motion for Preliminary Injunction; granting 34 Motion to Dismiss for Failure to State a Claim: The Court hereby ORDERS that OCFS's motion to dismiss (Dkt. No. 34) is GRANTED; and the Court furthe r ORDERS that New Hope's motion for a preliminary injunction is DENIED; and the Court further ORDERS that the Clerk of the Court shall enter judgment in OCFS's favor and close this case; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 5/16/2019. (ban)

JUDGMENT in favor of Sheila J. Poole against New Hope Family Services, Inc.. (Attachments: # 1 Appeal Notice) (ban) (Entered: 05/16/2019)

1 Appeal Notice

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NOTICE OF APPEAL as to 38 Order on Motion for Preliminary Injunction,,, Order on Motion to Dismiss for Failure to State a Claim,, 39 Judgment by New Hope Family Services, Inc.. Filing fee $ 505, receipt number ANYNDC-4765158. (Hallock, Jeana) Modified on 6/10/2019 - Pursuant to phone call from the filer, the document was inadvertently filed under co-counsel's filing account and not Mr. Brooks. (rep). (Entered: 06/10/2019)

ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re 40 Notice of Appeal. (mgh) (Entered: 06/11/2019)

TRANSCRIPT REQUEST by New Hope Family Services, Inc. for proceedings held on 02/19/2019 before Judge Mae A. D'Agostino.. (Attachments: # 1 Exhibit(s) Transcript Order Form AO435)(Hallock, Jeana) (Entered: 06/14/2019)

TRANSCRIPT of Proceedings: Oral Argument held on 2/19/2019 before Judge Mae A. D'Agostino, Court Reporter: Jacqueline Stroffolino, Telephone number: (518) 257-1894. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/19/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/26/2019. Notice of Intent to Redact due by 7/3/2019 (jxs, ) (Entered: 06/28/2019)

ORDER of USCA issued on 7/21/2020 as to 40 Notice of Appeal. Accordingly, we REVERSE the district court's judgment insofar as it dismissed New Hope's Free Exercise and Free Speech claims, and we VACATE that judgment insofar as it denied New Hope's motion for a preliminary injunction. We REMAND the case to the district court for further proceedings consistent with this opinion, including prompt consideration of the merits of the reinstated preliminary injunction motion (mgh) (Entered: 07/21/2020)

MANDATE of USCA issued on 8/12/2020 as to 40 Notice of Appeal. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is REVERSED in part, VACATED in part, and the case REMANDED to the district court for further proceedings consistent with this Court's opinion.(mgh) (Entered: 08/18/2020)

TEXT ORDER setting supplemental briefing schedule. In compliance with the Second Circuit's mandate, the parties are directed to file their supplemental briefs regarding the reinstated preliminary injunction motion no later than Friday, August 28, 2020. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 8/19/20. (ban) (Entered: 08/19/2020)

~Util - Set Deadlines/Hearings AND Order

Letter Motion from Adrienne J. Kerwin for Sheila J. Poole requesting extension of time to answer the complaint submitted to Judge Dancks . (Kerwin, Adrienne) (Entered: 08/20/2020)

TEXT ORDER granting Defendant's 47 Letter Request for extension of time to file answer for the reasons stated therein. Sheila J. Poole answer due 9/9/2020. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/21/2020. (sg ) (Entered: 08/21/2020)

MOTION for Limited Admission Pro Hac Vice of Jacob Warner Filing fee $100, receipt number ANYNDC-5214417. filed by New Hope Family Services, Inc.. (Attachments: # 1 Exhibit(s) Declaration of Sponsor, # 2 Exhibit(s) E-filing registration form and oath, # 3 Exhibit(s) Petition for Admission, # 4 Exhibit(s) Certificate of good standing, # 5 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Scruggs, Jonathan) (Entered: 08/21/2020)

Order on Letter Request

TEXT ORDER granting 49 Motion for Limited Admission Pro Hac Vice of Jacob Warner, Esq. for New Hope Family Services. 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. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/25/2020. (sg) (Entered: 08/25/2020)

Order on Motion for Limited Admission Pro Hac Vice

NOTICE of Appearance by Jacob P Warner on behalf of New Hope Family Services, Inc. (Warner, Jacob) (Entered: 08/28/2020)

MEMORANDUM OF LAW SUPPLEMENTAL filed by New Hope Family Services, Inc.. (Attachments: # 1 Affidavit of Kathleen Jerman, # 2 Exhibit(s) Ex. A to Jerman Affidavit, # 3 Exhibit(s) Ex. B to Jerman Affidavit, # 4 Affidavit of Jacob P. Warner, # 5 Exhibit(s) Ex. A to Warner Affidavit, # 6 Exhibit(s) Ex. B to Warner Affidavit, # 7 Exhibit(s) Ex. C to Warner Affidavit)(Brooks, Roger) (Entered: 08/28/2020)

1 Affidavit of Kathleen Jerman

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2 Exhibit(s) Ex. A to Jerman Affidavit

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3 Exhibit(s) Ex. B to Jerman Affidavit

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4 Affidavit of Jacob P. Warner

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5 Exhibit(s) Ex. A to Warner Affidavit

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6 Exhibit(s) Ex. B to Warner Affidavit

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7 Exhibit(s) Ex. C to Warner Affidavit

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RESPONSE in Opposition re 15 MOTION for Preliminary Injunction filed by Sheila J. Poole. (Attachments: # 1 Exhibit(s) A to Kerwin Decl., # 2 Exhibit(s) B to Kerwin Decl, # 3 Declaration of Carol McCarthy, # 4 Memorandum of Law)(Kerwin, Adrienne) (Entered: 08/28/2020)

1 Exhibit(s) A to Kerwin Decl.

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2 Exhibit(s) B to Kerwin Decl

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3 Declaration of Carol McCarthy

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4 Memorandum of Law

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ANSWER to 1 Complaint, by Sheila J. Poole.(Kerwin, Adrienne) (Entered: 09/09/2020)

Letter Motion from Roger Brooks for New Hope Family Services, Inc. requesting Oral Argument submitted to Judge D'Agostino . (Brooks, Roger) (Entered: 09/29/2020)

TEXT ORDER denying 55 Letter Request: The Court is in receipt of 55 Plaintiff's Request for Oral Arguments re 15 Motion for Preliminary Injunction. It is hereby ORDERED that the plaintiff's request is DENIED; A written decision on 15 Motion for Preliminary Injunction will be filed on or before 10/7/20. Signed by U.S. District Judge Mae A. D'Agostino on 9/30/20. (ban) (Entered: 09/30/2020)

Order on Letter Request

MEMORANDUM-DECISION AND ORDER granting 15 Motion for Preliminary Injunction: The Court hereby ORDERS that Plaintiffs' motion to for a preliminary injunction (Dkt. No. 15) is GRANTED; and the Court further ORDERS that OCFS may not revoke New Hope's perpetual authorization to place children for adoption during the pendency of this litigation; ORDERS that, seeing no request from either party, Plaintiffs are not required to post a bond or undertaking as security for granting the above -mentioned preliminary injunction at this time; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 10/5/2020. (ban)

Notice of Hearing

TEXT NOTICE- SCHEDULING R. 16 CONFERENCE: The Telephone Initial Conference has been set for 11/16/2020 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed NO LATER THAN 11/9/2020 and Mandatory Disclosures are to be exchanged by the parties on or before 11/9/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 8945.(sg)

MOTION to Withdraw as Attorney (Erik Stanley and Jeana Hallock) filed by New Hope Family Services, Inc.. Motions referred to Therese Wiley Dancks. (Brooks, Roger) (Entered: 11/04/2020)

MOTION for Limited Admission Pro Hac Vice of Mark Lippelmann Filing fee $100, receipt number ANYNDC-5310163. filed by New Hope Family Services, Inc.. (Attachments: # 1 Declaration of Sponsor, # 2 Attorney Registration Form, # 3 Petition for Admission, # 4 Certificate of Good Standing) Motions referred to Therese Wiley Dancks. (Scruggs, Jonathan) (Entered: 11/09/2020)

CIVIL CASE MANAGEMENT PLAN by Sheila J. Poole. (Kerwin, Adrienne) (Entered: 11/09/2020)

TEXT ORDER granting 58 motion to withdraw as attorney for plaintiff. Attorneys Stanley and Hallak no longer represent plaintiff. Plaintiff continues to be represented by attorneys Genant, Brook, Cortman, Scruggs, Warner, and Galus. Attorney Jeana Hallock and Erik W. Stanley terminated. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/11/2020. (sg ) (Entered: 11/11/2020)

Supplemental Admission documents re: 59 Motion for Limited Admission Pro Hac Vice,. (Scruggs, Jonathan) (Entered: 11/13/2020)

Notice of Filing Deficiency re: 59 Motion for Limited Admission Pro Hac Vice of Mark Lippelmann. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Certificate of Good Standing issued within the last 6 months; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad)

Notice of Attorney Admission Filing Deficiency

TEXT ORDER STAYING CASE: Upon the oral request of the parties, the case is stayed pending the U.S. Supreme Court issuing a decision on Fulton v. City of Philadelphia, argued at that Court on 11/4/2020. Plaintiff to file status report by 3/31/2021 or upon the U.S. Supreme Court issuing a decision on the Fulton case, whichever is sooner, as to whether the stay should continue. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/16/2020. (sg) (Entered: 11/16/2020)

TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 11/16/2020. Appearances: Roger Brooks, Esq., Mark Lippelmann, Esq. for Plaintiff; Adrienne Kerwin, Esq. for Defendant. During the conference, the parties jointly orally requested that the Court stay this case until the U.S. Supreme Court has issued a decision on Fulton v. City of Philadelphia, argued on 11/4/2020, which involves similar issues pertaining to free speech and free exercise as presented here. After hearing from the parties, the Court granted the request and stayed the case at this time and directed Plaintiff to file a status report regarding the stay. A text order will follow. (sg )

Pretrial Conference - Initial

Order Staying Case

TEXT ORDER granting 59 Motion for Limited Admission Pro Hac Vice of Mark Lippelmann, Esq. for Plaintiff. 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. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/20/2020. (sg) (Entered: 11/20/2020)

Order on Motion for Limited Admission Pro Hac Vice

STATUS REPORT -Joint Status Report/Letter Request by New Hope Family Services, Inc.. (Lippelmann, Mark) Modified on 3/31/2021 (sg, ). (Entered: 03/31/2021)

TEXT ORDER: Court has reviewed status report/letter request filed at Dkt. 65 . Stay of the case is continued. Plaintiff to filefile a status report within 14 days of the issuance of a decision by the Supreme Court in Fulton v. The City of Philadelphia. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/31/2021. (sg) (Entered: 03/31/2021)

STATUS REPORT by New Hope Family Services, Inc.. (Attachments: # 1 Exhibit(s) 1)(Lippelmann, Mark) (Entered: 07/01/2021)

Joint MOTION to Stay Discovery and Set Summary Judgment Briefing Schedule filed by New Hope Family Services, Inc.. Response to Motion due by 7/22/2021 (Attachments: # 1 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Lippelmann, Mark) (Entered: 07/01/2021)

1 Proposed Order/Judgment

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ORDER Staying Discovery and Setting Summary Judgment Briefing Schedule: Discovery is stayed. Motions due 9/24/2021; response to motions due 11/12/2021; reply due 12/17/2021. Signed by Magistrate Judge Therese Wiley Dancks on 7/7/2021. (sg) (Entered: 07/07/2021)

TEXT ORDER LIFTING STAY OF CASE: This case was stayed per Dkt. No. 63 pending a decision from the U.S. Supreme Court in Fulton v. City of Philadelphia, which was issued on 6/17/2021. Therefore, the overall stay of the case is lifted. However, discovery is stayed so the parties may proceed to Summary Judgment briefing per Dkt. No. 69 . SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/7/2021. (sg) (Entered: 07/07/2021)

Order Lifting Stay

Joint MOTION to Modify Summary Judgment Briefing Schedule and Expand Page Limits re 69 Order on Motion to Stay Discovery and Set Summary Judgment Briefing Schedule filed by New Hope Family Services, Inc.. Response to Motion due by 9/23/2021 Motions referred to Therese Wiley Dancks. (Lippelmann, Mark) (Entered: 09/02/2021)

ORDER of USCA- STATEMENT OF COSTS issued on 9/3/2021 as to 40 Notice of Appeal. IT IS HEREBY ORDERED that costs are taxed in the amount of $1064.50 in favor of the Appellant.(mgh) (Entered: 09/03/2021)

TEXT ORDER granting 71 Joint MOTION to Modify Summary Judgment Briefing Schedule and Expand Page Limits: It is hereby ORDERED that the joint request to modify the summary judgment briefing schedule and expand page limits is GRANTED; Motions for Summary Judgment are to be filed by 10/8/2021 - response papers will be due on 11/19/21; Reply papers due 12/17/21. The motion will be decided on the submission of the papers only, no personal appearances. The Court further grants the request to file oversized briefs - 35 pages for opening briefs, 30 pages for response briefs, and 15 pages for reply briefs. NO Further extensions of the deadlines or page limits will be entertained. Signed by U.S. District Judge Mae A. D'Agostino on 9/8/21. (ban) (Entered: 09/08/2021)

~Util - Set Deadlines/Hearings AND Order