S.D.N.Y. 1:20-cv-02403 Docket
Family Equality v. Azar
No. 1:20-cv-02403, Case History (under construction)
Court: Southern District of New York (Foley Square)
Assigned to: Judge Mary Kay Vyskocil
| Date Filed | # | Docket Text |
| 03/19/2020 | 1 | COMPLAINT against Alex M. Azar, II, United States Department of Health and Human Services. (Filing Fee $ 400.00, Receipt Number ANYSDC-19162658)Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc…(Dubner, Jeffrey) (Entered: 03/19/2020) |
| 03/19/2020 | 2 | CIVIL COVER SHEET filed..(Dubner, Jeffrey) (Entered: 03/19/2020) |
| 03/19/2020 | 3 | FILING ERROR – DEFICIENT PLEADING – SUMMONS REQUEST As To – REQUEST FOR ISSUANCE OF SUMMONS as to Alex M. Azar II, U.S. Department of Health and Human Services, re: 1 Complaint,. Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc…(Dubner, Jeffrey) Modified on 3/20/2020 (jgo). (Entered: 03/19/2020) |
| 03/19/2020 | 4 | FILING ERROR – DEFICIENT PLEADING – SUMMONS REQUEST As To – REQUEST FOR ISSUANCE OF SUMMONS as to Alex M. Azar II, U.S. Department of Health and Human Services, re: 1 Complaint,. Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc…(Dubner, Jeffrey) Modified on 3/20/2020 (jgo). (Entered: 03/19/2020) |
| 03/19/2020 | 5 | REQUEST FOR ISSUANCE OF SUMMONS as to Alex M. Azar II, re: 1 Complaint,. Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc…(Dubner, Jeffrey) (Entered: 03/19/2020) |
| 03/19/2020 | 6 | FILING ERROR – DEFICIENT PLEADING – SUMMONS REQUEST As To – REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Health and Human Services, re: 1 Complaint,. Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc…(Dubner, Jeffrey) Modified on 3/20/2020 (jgo). (Entered: 03/19/2020) |
| 03/19/2020 | 7 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Family Equality..(Dubner, Jeffrey) (Entered: 03/19/2020) |
| 03/19/2020 | 8 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Services & Advocacy for LGBT Elders..(Dubner, Jeffrey) (Entered: 03/19/2020) |
| 03/19/2020 | 9 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by True Colors United, Inc…(Dubner, Jeffrey) (Entered: 03/19/2020) |
| 03/20/2020 | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(jgo) (Entered: 03/20/2020) | |
| 03/20/2020 | Magistrate Judge Sarah Netburn is so designated. 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. (jgo) (Entered: 03/20/2020) | |
| 03/20/2020 | Case Designated ECF. (jgo) (Entered: 03/20/2020) | |
| 03/20/2020 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jeffrey Benjamin Dubner to RE-FILE Document No. 6 Request for Issuance of Summons, 4 Request for Issuance of Summons, 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on ‘as to’ docket entry text does not exactly match as it appears on the pleading caption (U.S. Department of Health and Human Services). 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. (jgo) Modified on 3/20/2020 (jgo). (Entered: 03/20/2020) | |
| 03/20/2020 | 10 | ELECTRONIC SUMMONS ISSUED as to Alex M. Azar, II..(jgo) (Entered: 03/20/2020) |
| 03/20/2020 | 11 | REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Health and Human Services, re: 1 Complaint,. Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc…(Dubner, Jeffrey) (Entered: 03/20/2020) |
| 03/20/2020 | 12 | REQUEST FOR ISSUANCE OF SUMMONS as to Alex M. Azar II, in his official capacity as Secretary, United States Department of Health and Human Services, and the United States Department of Health and Human Services, re: 1 Complaint,. Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc…(Dubner, Jeffrey) (Entered: 03/20/2020) |
| 03/20/2020 | 13 | REQUEST FOR ISSUANCE OF SUMMONS as to Alex M. Azar II, in his official capacity as Secretary, United States Department of Health and Human Services, and the United States Department of Health and Human Services, re: 1 Complaint,. Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc…(Dubner, Jeffrey) (Entered: 03/20/2020) |
| 03/23/2020 | 14 | ELECTRONIC SUMMONS ISSUED as to Alex M. Azar, II, United States Department of Health and Human Services..(jgo) (Entered: 03/23/2020) |
| 03/23/2020 | 15 | ELECTRONIC SUMMONS ISSUED as to Alex M. Azar, II, United States Department of Health and Human Services..(jgo) (Entered: 03/23/2020) |
| 03/23/2020 | 16 | ELECTRONIC SUMMONS ISSUED as to United States Department of Health and Human Services..(jgo) (Entered: 03/23/2020) |
| 03/25/2020 | 17 | MOTION for Robin F. Thurston to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19225666. Motion and supporting papers to be reviewed by Clerk’s Office staff. Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit, # 3 Exhibit Certificate of Good Standing).(Thurston, Robin) (Entered: 03/25/2020) |
| 03/25/2020 | 18 | MOTION for Sean A. Lev to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19225740. Motion and supporting papers to be reviewed by Clerk’s Office staff. Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Affidavit, # 3 Text of Proposed Order).(Lev, Sean) (Entered: 03/25/2020) |
| 03/25/2020 | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for Sean A. Lev to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19225740. Motion and supporting papers to be reviewed by Clerk’s Office staff., 17 MOTION for Robin F. Thurston to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19225666. Motion and supporting papers to be reviewed by Clerk’s Office staff.. The document has been reviewed and there are no deficiencies. (ad) (Entered: 03/25/2020) | |
| 03/26/2020 | 19 | ORDER Plaintiff is GRANTED leave to file an Amended Complaint to correct the spelling of one partys name. Any other changes to the Complaint will result in the amendment constituting the Plaintiffs amendment as of right. (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order) (ab) (Entered: 03/26/2020) |
| 03/27/2020 | 20 | ORDER granting 18 Motion for Sean A. Lev to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) (Entered: 03/27/2020) |
| 03/27/2020 | 21 | FILING ERROR – FILER ERROR – AMENDED COMPLAINT amending 1 Complaint, against Alex M. Azar, II, United States Department of Health and Human Services.Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc.. Related document: 1 Complaint,..(Dubner, Jeffrey) Modified on 3/30/2020 (jgo). (Entered: 03/27/2020) |
| 03/30/2020 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jeffrey Benjamin Dubner to RE-FILE re: Document No. 21 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add party Services & Advocacy for GLBT Elders; the wrong filer/filers were selected for the pleading;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents – attach the correct signed PDF – select the individually named filer/filers – select the individually named party/parties the pleading is against. (jgo) (Entered: 03/30/2020) | |
| 03/30/2020 | ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Services & Advocacy for GLBT Elders added. Party added pursuant to 21 Amended Complaint,.Document filed by Services & Advocacy for GLBT Elders. Related document: 21 Amended Complaint,..(Dubner, Jeffrey) (Entered: 03/30/2020) | |
| 04/01/2020 | 22 | FILING ERROR – FILING ERROR – AMENDED COMPLAINT amending 21 Amended Complaint, against Alex M. Azar, II, United States Department of Health and Human Services.Document filed by Services & Advocacy for GLBT Elders, Family Equality, True Colors United, Inc.. Related document: 21 Amended Complaint,..(Dubner, Jeffrey) Modified on 4/2/2020 (jgo). (Entered: 04/01/2020) |
| 04/02/2020 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jeffrey Benjamin Dubner to RE-FILE Document No. 22 Amended Complaint,. The filing is deficient for the following reason(s): the pleading must be linked to the initial pleading. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents – attach the correct signed PDF – select the individually named filer/filers – select the individually named party/parties the pleading is against. (jgo) (Entered: 04/02/2020) | |
| 04/02/2020 | 23 | AMENDED COMPLAINT amending 1 Complaint, against Alex M. Azar, II, United States Department of Health and Human Services.Document filed by Services & Advocacy for GLBT Elders, Family Equality, True Colors United, Inc.. Related document: 1 Complaint,..(Dubner, Jeffrey) (Entered: 04/02/2020) |
| 04/03/2020 | 24 | SUMMONS RETURNED EXECUTED. Alex M. Azar, II served on 4/1/2020, answer due 6/1/2020; United States Department of Health and Human Services served on 4/1/2020, answer due 6/1/2020. Service was made by Mail. Document filed by Services & Advocacy for GLBT Elders; Family Equality; True Colors United, Inc.. (Attachments: # 1 Affidavit).(Dubner, Jeffrey) (Entered: 04/03/2020) |
| 04/24/2020 | 25 | MOTION for Puneet Cheema to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19576234. Motion and supporting papers to be reviewed by Clerk’s Office staff. Document filed by Family Equality, Services & Advocacy for GLBT Elders, True Colors United, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order).(Cheema, Puneet) (Entered: 04/24/2020) |
| 04/24/2020 | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 25 MOTION for Puneet Cheema to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19576234. Motion and supporting papers to be reviewed by Clerk’s Office staff.. The document has been reviewed and there are no deficiencies. (laq) (Entered: 04/24/2020) | |
| 04/27/2020 | 26 | ORDER granting 25 Motion for Puneet Cheema to Appear Pro Hac Vice; granting 17 Motion for Robin F. Thurston to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (ab) (Entered: 04/27/2020) |
| 05/29/2020 | 27 | NOTICE OF APPEARANCE by Karen Loewy on behalf of Family Equality, Services & Advocacy for GLBT Elders, True Colors United, Inc…(Loewy, Karen) (Entered: 05/29/2020) |
| 06/02/2020 | 28 | CONSENT LETTER MOTION for Extension of Time addressed to Judge Mary Kay Vyskocil from Jennifer C. Simon dated June 2, 2020. Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 06/02/2020) |
| 06/02/2020 | 29 | ORDER granting 28 Letter Motion for Extension of Time. GRANTED. The Parties are reminded that requests for extension of time should be filed three days before the deadline in question. (Signed by Judge Mary Kay Vyskocil on 6/2/2020) (mro) (Entered: 06/02/2020) |
| 06/02/2020 | Set/Reset Deadlines: United States Department of Health and Human Services answer due 6/22/2020. (mro) (Entered: 06/02/2020) | |
| 06/22/2020 | 30 | LETTER MOTION for Conference addressed to Judge Mary Kay Vyskocil from Jennifer C. Simon dated June 22, 2020. Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 06/22/2020) |
| 06/25/2020 | 31 | LETTER RESPONSE in Opposition to Motion addressed to Judge Mary Kay Vyskocil from Robin Thurston dated 6/25/2020 re: 30 LETTER MOTION for Conference addressed to Judge Mary Kay Vyskocil from Jennifer C. Simon dated June 22, 2020. . Document filed by Family Equality, Services & Advocacy for GLBT Elders, True Colors United, Inc…(Thurston, Robin) (Entered: 06/25/2020) |
| 06/30/2020 | 32 | FILING ERROR – DEFICIENT PRO HAC VICE MOTION – MOTION for Kristen Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20482741. Motion and supporting papers to be reviewed by Clerk’s Office staff. Document filed by Family Equality, Services & Advocacy for GLBT Elders, True Colors United, Inc.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Exhibit).(Miller, Kristen) Modified on 6/30/2020 (ad). (Entered: 06/30/2020) |
| 06/30/2020 | >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 32 MOTION for Kristen Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20482741. Motion and supporting papers to be reviewed by Clerk’s Office staff.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from DC; The affidavit is not notarized;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice – attach the correct signed PDF – select the correct named filer/filers – attach valid Certificates of Good Standing issued within the past 30 days – attach Proposed Order. (ad) (Entered: 06/30/2020) | |
| 07/01/2020 | 33 | MOTION for Kristen Miller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk’s Office staff. Filing fee $ 200.00, receipt number ANYSDC-20482741 Document filed by Family Equality, Services & Advocacy for GLBT Elders, True Colors United, Inc.. (Attachments: # 1 Exhibit Miller Declaration, # 2 Exhibit NY Certificate of Good Standing, # 3 Exhibit DC Certificate of Good Standing, # 4 Text of Proposed Order Text of Proposed Order).(Miller, Kristen) Modified on 7/1/2020 (ad). (Entered: 07/01/2020) |
| 07/01/2020 | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 33 MOTION for Kristen Miller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk’s Office staff.. The document has been reviewed and there are no deficiencies. (ad) (Entered: 07/01/2020) | |
| 07/02/2020 | 34 | ORDER granting 33 Motion for Kristen Miller to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) (Entered: 07/02/2020) |
| 07/06/2020 | 35 | ORDER denying 30 Letter Motion for Conference. The Motion for a Pre-Motion Conference is DENIED and the Defendants are GRANTED leave to file the Motion to Dismiss. The Motion must be filed on or before July 24, 2020. Plaintiffs’ opposition should be filed on or before August 7, 2020. Any reply is due on or before August 14, 2020. Requests for extension must be received at least 72 hours in advance of the deadline. (Signed by Judge Mary Kay Vyskocil on 7/6/2020) (mro) (Entered: 07/06/2020) |
| 07/06/2020 | Set/Reset Deadlines: Motions due by 7/24/2020. Responses due by 8/7/2020 Replies due by 8/14/2020. (mro) (Entered: 07/06/2020) | |
| 07/09/2020 | 36 | MOTION for Puneet Cheema to Withdraw as Attorney . Document filed by Family Equality, Services & Advocacy for GLBT Elders, True Colors United, Inc…(Cheema, Puneet) (Entered: 07/09/2020) |
| 07/10/2020 | 37 | MEMO ENDORSED ORDER granting 36 Motion to Withdraw as Attorney. ENDORSEMENT: IT IS SO ORDERED. (Attorney Puneet Cheema terminated.) (Signed by Judge Mary Kay Vyskocil on 6/10/20) (yv) (Entered: 07/10/2020) |
| 07/20/2020 | 38 | CONSENT LETTER MOTION for Extension of Time addressed to Judge Mary Kay Vyskocil from Jennifer C. Simon dated July 20, 2020. Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 07/20/2020) |
| 07/21/2020 | 39 | ORDER granting 38 Letter Motion for Extension of Time. Granted. (Signed by Judge Mary Kay Vyskocil on 7/21/2020) (mro) (Entered: 07/21/2020) |
| 07/21/2020 | Set/Reset Deadlines: Motions due by 8/7/2020. Responses due by 8/24/2020 Replies due by 9/2/2020. (mro) (Entered: 07/21/2020) | |
| 08/07/2020 | 40 | MOTION to Dismiss . Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 08/07/2020 |
| 08/07/2020 | 41 | MEMORANDUM OF LAW in Support re: 40 MOTION to Dismiss . . Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 08/07/2020) |
| 08/24/2020 | 42 | MEMORANDUM OF LAW in Opposition re: 40 MOTION to Dismiss . . Document filed by Family Equality, Services & Advocacy for GLBT Elders, True Colors United, Inc…(Miller, Kristen) (Entered: 08/24/2020) |
| 09/02/2020 | 43 | REPLY MEMORANDUM OF LAW in Support re: 40 MOTION to Dismiss . . Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 09/02/2020) |
| 09/18/2020 | 44 | NOTICE OF CHANGE OF ADDRESS by Karen Loewy on behalf of Family Equality, Services & Advocacy for GLBT Elders, True Colors United, Inc.. New Address: Lambda Legal, 1776 K Street NW, 8th floor, Washington, DC, United States 20006-2304, 202-804-6245..(Loewy, Karen) (Entered: 09/18/2020) |
| 09/29/2020 | 45 | FILING ERROR – DEFICIENT DOCKET ENTRY – MOTION for Sasha Jean Buchert to Appear Pro Hac Vice Sasha J. Buchert. Motion and supporting papers to be reviewed by Clerk’s Office staff. Document filed by Family Equality, Services & Advocacy for GLBT Elders, Services & Advocacy for LGBT Elders, True Colors United, Inc.. (Attachments: # 1 Affidavit, # 2Text of Proposed Order, # 3 Certificate of Good Standing).(Buchert, Sasha) Modified on 9/29/2020 (bcu). (Entered: 09/29/2020) |
| 09/29/2020 | >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. 45 MOTION for Sasha Jean Buchert to Appear Pro Hac Vice Sasha J. Buchert. Motion and supporting papers to be reviewed by Clerk’s Office staff… The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme court of Oregon; the filing fee was not paid;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice – attach the correct signed PDF – select the correct named filer/filers – attach valid Certificates of Good Standing issued within the past 30 days – attach Proposed Order. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (bcu) (Entered: 09/29/2020) | |
| 10/06/2020 | 46 | MOTION for Sasha Jean Buchert to Appear Pro Hac Vice (Corrected). Filing fee $ 200.00, receipt number ANYSDC-22005956. Motion and supporting papers to be reviewed by Clerk’s Office staff. Document filed by Family Equality, Services & Advocacy for GLBT Elders, Services & Advocacy for LGBT Elders, True Colors United, Inc.. (Attachments: # 1 Certificate of Good Standing Supreme Court of Oregon, # 2 Affidavit, # 3 Text of Proposed Order).(Buchert, Sasha) (Entered: 10/06/2020) |
| 10/06/2020 | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 46 MOTION for Sasha Jean Buchert to Appear Pro Hac Vice (Corrected). Filing fee $ 200.00, receipt number ANYSDC-22005956. Motion and supporting papers to be reviewed by Clerk’s Office staff.. The document has been reviewed and there are no deficiencies. (vba) (Entered: 10/06/2020) | |
| 10/07/2020 | 47 | ORDER granting 46 Motion for Sasha Jean Buchert to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) (Entered: 10/07/2020) |
| 01/15/2021 | 48 | LETTER addressed to Judge Mary Kay Vyskocil from Jennifer C. Simon dated January 15, 2021 Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 01/15/2021) |
| 01/19/2021 | 49 | ORDER Plaintiffs are directed to file a letter responding to the Defendants’ letter [ECF No. 48] on or before January 21, 2021. (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order) (ab) (Entered: 01/19/2021) |
| 01/21/2021 | 50 | LETTER addressed to Judge Mary Kay Vyskocil from Counsel for Plaintiffs dated 1/21/2021 re: Family Equality et al. v. Azar et al.. Document filed by Family Equality, Services & Advocacy for GLBT Elders, Services & Advocacy for LGBT Elders, True Colors United, Inc…(Miller, Kristen) (Entered: 01/21/2021) |
| 02/02/2021 | 51 | ORDER: The Court has received letters from the Parties regarding regulatory developments that may moot Plaintiffs’ claims in this case [ECF Nos. 48, 50]. In light of those recent regulatory actions, IT IS HEREBY ORDERED that this case is STAYED pending further order of the Court. The Parties are directed to file a joint letter on the ECF docket on or before February 16, 2021 regarding whether the Final Rule referenced in the Parties letters has become effective, or whether there have been any other developments which impact this case. Following receipt of the Parties’ letter, the Court will enter an order regarding next steps in this case. (Signed by Judge Mary Kay Vyskocil on 2/2/2021) (mro) (Entered: 02/02/2021) |
| 02/16/2021 | 52 | JOINT LETTER addressed to Judge Mary Kay Vyskocil from Jennifer C. Simon dated February 16, 2021 Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 02/16/2021) |
| 04/06/2021 | 53 | ORDER The Court has reviewed the Parties’ joint letter. The stay of this case is extended to June 1, 2021. On or before that date, the Parties must submit a further status update to the Court regarding any developments relevant to this litigation. (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order) (ab) (Entered: 04/06/2021) |
| 04/27/2021 | 54 | LETTER addressed to Judge Mary Kay Vyskocil from Jennifer C. Simon dated April 27, 2021 Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 04/27/2021) |
| 04/29/2021 | 55 | MEMO ENDORSEMENT re: 54 Letter filed by United States Department of Health and Human Services, Alex M. Azar, II. ENDORSEMENT: GRANTED. The Parties should file their status report on May 3, 2021. (Signed by Judge Mary Kay Vyskocil on 4/29/2021) (nb) (Entered: 04/29/2021) |
| 05/03/2021 | 56 | JOINT LETTER addressed to Judge Mary Kay Vyskocil from Jennifer C. Simon dated May 3, 2021 Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 05/03/2021) |
| 05/05/2021 | 57 | MEMO ENDORSEMENT re: 56 Letter filed by United States Department of Health and Human Services, Alex M. Azar, II. ENDORSEMENT: In light of the Parties’ status update, the Clerk of Court respectfully is requested to lift the stay of this caseentered on ECF. (Signed by Judge Mary Kay Vyskocil on 5/5/2021) (nb) (Entered: 05/05/2021) |
| 05/05/2021 | Case Stay Lifted. (nb) (Entered: 05/05/2021) | |
| 10/15/2021 | 58 | NOTICE OF APPEARANCE by Lucas Estlund Issacharoff on behalf of Alex M. Azar, II, United States Department of Health and Human Services..(Issacharoff, Lucas) (Entered: 10/15/2021) |
| 11/23/2021 | 59 | LETTER addressed to Judge Mary Kay Vyskocil from Jennifer C. Simon dated November 22, 2021 re: Request for Termination of Appearance. Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 11/23/2021) |
| 11/29/2021 | 60 | MEMO ENDORSEMENT on re: 59 Letter filed by United States Department of Health and Human Services, Alex M. Azar, II. ENDORSEMENT: Granted. SO ORDERED. Attorney Jennifer C. Simon terminated. (Signed by Judge Mary Kay Vyskocil on 11/29/2021) (tg) (Entered: 11/29/2021) |
| 03/30/2022 | 61 | OPINION AND ORDER GRANTING MOTION TO DISMISS re: 40 MOTION to Dismiss . filed by United States Department of Health and Human Services, Alex M. Azar, II.For the reasons stated above, Defendants’ Motion to Dismiss is GRANTED. Because the Court is without subject matter jurisdiction to adjudicate the dispute, the case is dismissed WITHOUT PREJUDICE. The Clerk of the Court respectfully is requested to terminate the motion at ECF No. 40 and close the case. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 3/30/2022) (tg) Transmission to Orders and Judgments Clerk for processing. (Entered: 03/30/2022) |
| 03/30/2022 | 62 | CLERK’S JUDGMENT re: 61 Memorandum & Opinion in favor of United States Department of Health and Human Services, Alex M. Azar, II against Family Equality, Services & Advocacy for GLBT Elders, True Colors United, Inc. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court’s Opinion and Order dated March 30, 2022, Defendants’ Motion to Dismiss is GRANTED. Because the Court is without subject matter jurisdiction to adjudicate the dispute, the case is dismissed WITHOUT PREJUDICE; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/30/2022) (Attachments: # 1 Right to Appeal) (km) (Entered: 03/30/2022) |
| 05/27/2022 | 63 | NOTICE OF APPEAL from 61 Memorandum & Opinion,, 62Clerk’s Judgment,,. Document filed by Family Equality, Services & Advocacy for GLBT Elders, Services & Advocacy for LGBT Elders, True Colors United, Inc.. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Miller, Kristen) Modified on 5/27/2022 (nd). (Entered: 05/27/2022) |
| 05/27/2022 | Appeal Fee Due: for 63 Notice of Appeal,.$505.00 Appeal fee due by 6/10/2022..(nd) (Entered: 05/27/2022) | |
| 05/27/2022 | Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 63 Notice of Appeal..(nd) (Entered: 05/27/2022) | |
| 05/27/2022 | Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 63 Notice of Appeal, filed by Services & Advocacy for LGBT Elders, True Colors United, Inc., Family Equality, Services & Advocacy for GLBT Elders were transmitted to the U.S. Court of Appeals..(nd) (Entered: 05/27/2022) | |
| 06/02/2022 | USCA Case Number 22-1174 from the U.S. Court of Appeals, 2nd Circ. assigned to 63 Notice of Appeal, filed by Services & Advocacy for LGBT Elders, True Colors United, Inc., Family Equality, Services & Advocacy for GLBT Elders..(nd) (Entered: 06/02/2022) | |
| 06/02/2022 | USCA Appeal Fees received $ 505.00 receipt number 754 on 06/02/2022 re: 63 Notice of Appeal, filed by Services & Advocacy for LGBT Elders, True Colors United, Inc., Family Equality, Services & Advocacy for GLBT Elders..(nd) (Entered: 06/02/2022) | |
| 04/08/2024 | 64 | MANDATE of USCA (Certified Copy) as to63 Notice of Appeal, filed by Services & Advocacy for LGBT Elders, True Colors United, Inc., Family Equality, Services & Advocacy for GLBT Elders. USCA Case Number 22-1174UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED.. Catherine O’Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/08/2024..(nd) |
Last updated 04/18/2024
Reconciled with online docket 06/14/2022