Jeannot et al v. New York State et al
| New York Eastern District Court | |
| Judge: | Hector Gonzalez |
| Case #: | 1:24-cv-05896 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Aug 22, 2024 |
| Terminated: | Jan 14, 2025 |
| Last checked: Tuesday Feb 18, 2025 3:23 AM EST |
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Defendant
James McDonald in his official capacity as Commissioner, New York State Department of Health
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Represented By
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Defendant
Kathy Hochul, in her official capacity as Governor of New York
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Represented By
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Defendant
New York State
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Defendant
New York State Department of Health
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Plaintiff
Muhammad O. Islam
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Plaintiff
International Home Care Services of NY, LLC
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Represented By
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Plaintiff
Violette Jeannot
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Represented By
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Plaintiff
Just Care LLC
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Represented By
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Plaintiff
Eugene Karasyunok
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Plaintiff
Nelli Kotsyuba
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Plaintiff
Pedro Peralta
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Plaintiff
Cesar Riofrio
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Plaintiff
Margarita Rozenboym
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Plaintiff
Vitaliy Rozenboym
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Plaintiff
Safe Haven Home Care, Inc.
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Plaintiff
Safety 1st Homecare, Inc.
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Plaintiff
Silver Lining Homecare Agency, Inc.
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Plaintiff
Rashida Smith
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Plaintiff
Sundance Home Care Inc.
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Plaintiff
The Doral Investors Group, LLC, dba House Calls Homecare
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Plaintiff
Easy Choice Agency, Inc.
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Plaintiff
Allcare Homecare Agency, Inc. dba Vivid Care
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Plaintiff
Bangla CDPAP Service Inc.
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Plaintiff
Best Help Home Care Corp.
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Plaintiff
Careaide Direct, Inc.
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Plaintiff
Carefirst CDPAP, Corp.
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Plaintiff
Celestial Care Inc.
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Plaintiff
Zilla Cummings
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Plaintiff
Trina-Rose Cutugno
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Plaintiff
Charlotte Dewitt
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Plaintiff
Elizabeth Dunrod
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Plaintiff
Aasha Services, Inc.
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Represented By
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Plaintiff
Elim Home Care Agency LLC
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Represented By
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Plaintiff
Enriched Home Care Agency Inc.
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Represented By
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Plaintiff
Yvonne Francois
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Represented By
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Plaintiff
Antonina Frimer
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Represented By
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Plaintiff
Naum Galler
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Represented By
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Plaintiff
Nikolay Gavrilov
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Represented By
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Plaintiff
Carol Gittens
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Represented By
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Plaintiff
Healthy Life Choice Inc.
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Represented By
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Plaintiff
Home Choice LLC
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| Docket last updated: 02/21/2025 11:59 PM EST |
| Monday, February 10, 2025 | ||
| 38 | 38
2
pgs
appeal
Notice of Appeal
Mon 02/10 12:28 PM
NOTICE OF APPEAL as to33 Order on Motion to Dismiss/Lack of Jurisdiction,,,, Order on Motion for Preliminary Injunction,,,,,,, by Trina-Rose Cutugno, Elizabeth Dunrod, Zilla Cummings, Charlotte Dewitt, Rashida Smith, Nikolay Gavrilov, Violette Jeannot, Cesar Riofrio, Yvonne Francois, Antonina Frimer, Pedro Peralta. Filing fee $ 605, receipt number ANYEDC-18749061. Appeal Record due by 2/24/2025. (Adams, Derek) |
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appeal
Electronic Index to Record on Appeal
Mon 02/10 12:38 PM
Electronic Index to Record on Appeal sent to US Court of Appeals.38 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (VJ) |
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| Monday, February 03, 2025 | ||
| 37 | 37
5
pgs
order
Order on Motion for Pre Motion Conference
Mon 02/03 2:33 PM
ORDER: For the reasons set forth in the attached Order, the Consumer Plaintiffs' Motion for an Injunction Pending Appeal, see ECF No.35 , is DENIED. Ordered by Judge Hector Gonzalez on 2/3/2025. (ICP) |
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| Friday, January 31, 2025 | ||
| 36 | 36
3
pgs
respm
Response in Opposition to Motion
Fri 01/31 2:12 PM
RESPONSE in Opposition re35 MOTION for pre motion conference Pre-Motion Letter filed by All Defendants. (Parker, Christina) |
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| Friday, January 24, 2025 | ||
| 35 | 35
3
pgs
motion
Pre Motion Conference
Fri 01/24 7:43 PM
MOTION for pre motion conference Pre-Motion Letter by Trina-Rose Cutugno, Carol Gittens, Elizabeth Dunrod, Zilla Cummings, Charlotte Dewitt, Rashida Smith, Nikolay Gavrilov, Naum Galler, Aasha Services, Inc., Bangla CDPAP Service Inc., Violette Jeannot, Cesar Riofrio, Best Help Home Care Corp., Careaide Direct, Inc., Carefirst CDPAP, Corp., Celestial Care Inc., Easy Choice Agency, Inc., Elim Home Care Agency LLC, Enriched Home Care Agency Inc., Healthy Life Choice Inc., Home Choice LLC, Yvonne Francois, The Doral Investors Group, LLC, dba House Calls Homecare, International Home Care Services of NY, LLC, Just Care LLC, Safe Haven Home Care, Inc., Safety 1st Homecare, Inc., Silver Lining Homecare Agency, Inc., Sundance Home Care Inc., Allcare Homecare Agency, Inc. dba Vivid Care, Antonina Frimer, Eugene Karasyunok, Nelli Kotsyuba, Pedro Peralta, Vitaliy Rozenboym, Margarita Rozenboym, Muhammad O. Islam. (Adams, Derek) |
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order
Scheduling Order
Fri 01/24 8:26 PM
ORDER: Defendants are directed to file a response to Plaintiffs' pre-motion letter, see ECF No.35 , on or before January 31, 2025. Ordered by Judge Hector Gonzalez on 1/24/2025. (ICP) |
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| Tuesday, January 14, 2025 | ||
| 34 | 34
order
Judgment - Clerk
Tue 01/14 12:10 PM
CLERK'S JUDGMENT: that Defendants' Motion to Dismiss, see ECF No. 27, is granted; that Plaintiffs' Motion for a PI, see ECF No. 3, is denied; that the Consumer Plaintiffs' claims are dismissed without prejudice for lack of subject matter jurisdiction; that the Agency Plaintiffs' claims against Governor Hochul, New York State, and NYSDOH are dismissed without prejudice based on Eleventh Amendment sovereign immunity; and that the Agency Plaintiffs' claims against James McDonald in his official capacity are dismissed with prejudice for failure to state a claim. Signed by Deputy Clerk, Jalitza Poveda, on behalf of Clerk of Court, Brenna B. Mahoney, on 1/14/2025. (JP) |
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| Monday, January 13, 2025 | ||
| 33 | 33
36
pgs
order
Order on Motion to Dismiss/Lack of Jurisdiction Order on Motion for Preliminary Injunction
Mon 01/13 6:57 PM
ORDER: For the reasons set forth in the attached Order, Defendants' Motion to Dismiss, see ECF No.25 , is GRANTED and Plaintiffs' Motion for a Preliminary Injunction, see ECF No.3 , is DENIED. The Consumer Plaintiffs' claims are dismissed without prejudice for lack of subject matter jurisdiction; the Agency Plaintiffs' claims against Governor Hochul, New York State, and the New York State Department of Health are dismissed without prejudice based on Eleventh Amendment sovereign immunity; and the Agency Plaintiffs' claims against James McDonald in his official capacity are dismissed with prejudice for failure to state a claim. The Clerk of Court is respectfully directed to enter judgment and to close this case. Ordered by Judge Hector Gonzalez on 1/13/2025. (ICP) |
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| Wednesday, December 18, 2024 | ||
| 32 | 32
2
pgs
misc
Letter
Wed 12/18 5:46 PM
Letter by New York State, New York State Department of Health, Kathy Hochul, in her official capacity as Governor of New York, James McDonald in his official capacity as Commissioner, New York State Department of Health (Parker, Christina) |
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| Tuesday, December 17, 2024 | ||
| 31 | 31
6
pgs
misc
Letter
Tue 12/17 2:31 PM
Letter by Trina-Rose Cutugno, Carol Gittens, Elizabeth Dunrod, Zilla Cummings, Charlotte Dewitt, Rashida Smith, Nikolay Gavrilov, Naum Galler, Aasha Services, Inc., Bangla CDPAP Service Inc., Violette Jeannot, Cesar Riofrio, Best Help Home Care Corp., Careaide Direct, Inc., Carefirst CDPAP, Corp., Celestial Care Inc., Easy Choice Agency, Inc., Elim Home Care Agency LLC, Enriched Home Care Agency Inc., Healthy Life Choice Inc., Home Choice LLC, Yvonne Francois, The Doral Investors Group, LLC, dba House Calls Homecare, International Home Care Services of NY, LLC, Just Care LLC, Safe Haven Home Care, Inc., Safety 1st Homecare, Inc., Silver Lining Homecare Agency, Inc., Sundance Home Care Inc., Allcare Homecare Agency, Inc. dba Vivid Care, Antonina Frimer, Eugene Karasyunok, Nelli Kotsyuba, Pedro Peralta, Vitaliy Rozenboym, Margarita Rozenboym, Muhammad O. Islam (Adams, Derek) |
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| Monday, November 18, 2024 | ||
| 30 | 30
3
pgs
misc
Letter
Mon 11/18 6:42 PM
Letter re evidentiary hearing on Plaintiffs' motion for preliminary injunction by Trina-Rose Cutugno, Carol Gittens, Elizabeth Dunrod, Zilla Cummings, Charlotte Dewitt, Rashida Smith, Nikolay Gavrilov, Naum Galler, Aasha Services, Inc., Bangla CDPAP Service Inc., Violette Jeannot, Cesar Riofrio, Best Help Home Care Corp., Careaide Direct, Inc., Carefirst CDPAP, Corp., Celestial Care Inc., Easy Choice Agency, Inc., Elim Home Care Agency LLC, Enriched Home Care Agency Inc., Healthy Life Choice Inc., Home Choice LLC, Yvonne Francois, The Doral Investors Group, LLC, dba House Calls Homecare, International Home Care Services of NY, LLC, Just Care LLC, Safe Haven Home Care, Inc., Safety 1st Homecare, Inc., Silver Lining Homecare Agency, Inc., Sundance Home Care Inc., Allcare Homecare Agency, Inc. dba Vivid Care, Antonina Frimer, Eugene Karasyunok, Nelli Kotsyuba, Pedro Peralta, Vitaliy Rozenboym, Margarita Rozenboym, Muhammad O. Islam (Adams, Derek) |
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Att: 1
2 pgs
Exhibit
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| Monday, November 04, 2024 | ||
| 29 | 29
22
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respoth
Reply in Support
Mon 11/04 4:05 PM
REPLY in Support re25 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by All Defendants. (Parker, Christina) |
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| Wednesday, October 23, 2024 | ||
| 28 | 28
47
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respoth
Memorandum in Opposition
Wed 10/23 11:56 PM
MEMORANDUM in Opposition re27 Memorandum in Support, filed by Trina-Rose Cutugno, Carol Gittens, Elizabeth Dunrod, Zilla Cummings, Charlotte Dewitt, Rashida Smith, Nikolay Gavrilov, Naum Galler, Aasha Services, Inc., Bangla CDPAP Service Inc., Violette Jeannot, Cesar Riofrio, Best Help Home Care Corp., Careaide Direct, Inc., Carefirst CDPAP, Corp., Celestial Care Inc., Easy Choice Agency, Inc., Elim Home Care Agency LLC, Enriched Home Care Agency Inc., Healthy Life Choice Inc., Home Choice LLC, Yvonne Francois, The Doral Investors Group, LLC, dba House Calls Homecare, International Home Care Services of NY, LLC, Just Care LLC, Safe Haven Home Care, Inc., Safety 1st Homecare, Inc., Silver Lining Homecare Agency, Inc., Sundance Home Care Inc., Allcare Homecare Agency, Inc. dba Vivid Care, Antonina Frimer, Eugene Karasyunok, Nelli Kotsyuba, Pedro Peralta, Vitaliy Rozenboym, Margarita Rozenboym, Muhammad O. Islam. (Adams, Derek) |
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Att: 1
26 pgs
Declaration
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| Wednesday, October 09, 2024 | ||
| 27 | 27
59
pgs
respoth
Memorandum in Support
Wed 10/09 4:54 PM
MEMORANDUM in Support re25 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim and in Opposition to Plaintiffs' Motion for a Preliminary Injunction filed by James McDonald in his official capacity as Commissioner, New York State Department of Health, Kathy Hochul, in her official capacity as Governor of New York, New York State, New York State Department of Health. (Parker, Christina) |
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| 26 | 26
27
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misc
Declaration
Wed 10/09 4:51 PM
DECLARATION re25 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim and in Opposition to Plaintiffs' Motion for a Preliminary Injunction by James McDonald in his official capacity as Commissioner, New York State Department of Health, Kathy Hochul, in her official capacity as Governor of New York, New York State, New York State Department of Health (Parker, Christina) |
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Att: 1
3 pgs
Exhibit A: 2025 Enacted Financial Plan,
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Att: 2
Exhibit B: NYS Procurement Guidelines,
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Att: 3
Exhibit C: RFP 20524 Amendment 3,
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Att: 4
Exhibit D: RFP 20524
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| 25 | 25
2
pgs
motion
Dismiss/Lack of Jurisdiction
Wed 10/09 4:41 PM
MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by James McDonald in his official capacity as Commissioner, New York State Department of Health, Kathy Hochul, in her official capacity as Governor of New York, New York State, New York State Department of Health. (Parker, Christina) |
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| Tuesday, October 08, 2024 | ||
| 24 | 24
7
pgs
order
Order on Motion for Pre Motion Conference
Tue 10/08 6:44 PM
ORDER denying23 Motion re Expedited Discovery. For the reasons stated in the attached Order, Plaintiffs' request for expedited discovery is denied. Defendants' memorandum in support of their motion to dismiss Plaintiffs' Complaint and in opposition to Plaintiffs' motion seeking a preliminary injunction remains due on or before October 9, 2024. Plaintiffs' reply in support of their motion and in opposition to Defendants' motion remains due on or before October 23, 2024, and Defendants' reply in support of their motion remains due on or before November 4, 2024. The parties are reminded that they must abide by the page limits set forth in the Court's Sept. 20, 2024, Order. Ordered by Judge Hector Gonzalez on 10/8/2024. (ICP) |
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| Friday, October 04, 2024 | ||
| 23 | 23
6
pgs
motion
Pre Motion Conference
Fri 10/04 3:59 PM
MOTION for pre motion conference requesting expedited discovery by Aasha Services, Inc., Allcare Homecare Agency, Inc. dba Vivid Care, Bangla CDPAP Service Inc., Best Help Home Care Corp., Careaide Direct, Inc., Carefirst CDPAP, Corp., Celestial Care Inc., Zilla Cummings, Trina-Rose Cutugno, Charlotte Dewitt, Elizabeth Dunrod, Easy Choice Agency, Inc., Elim Home Care Agency LLC, Enriched Home Care Agency Inc., Yvonne Francois, Antonina Frimer, Naum Galler, Nikolay Gavrilov, Carol Gittens, Healthy Life Choice Inc., Home Choice LLC, International Home Care Services of NY, LLC, Muhammad O. Islam, Violette Jeannot, Just Care LLC, Eugene Karasyunok, Nelli Kotsyuba, Pedro Peralta, Cesar Riofrio, Margarita Rozenboym, Vitaliy Rozenboym, Safe Haven Home Care, Inc., Safety 1st Homecare, Inc., Silver Lining Homecare Agency, Inc., Rashida Smith, Sundance Home Care Inc., The Doral Investors Group, LLC, dba House Calls Homecare. (Adams, Derek) |
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| Wednesday, September 25, 2024 | ||
| 22 | 22
1
pgs
notice
Notice of Appearance
Wed 09/25 11:26 AM
NOTICE of Appearance by Susan B. Hendrix on behalf of All Plaintiffs (notification declined or already on case) (Hendrix, Susan) |
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| Tuesday, September 24, 2024 | ||
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order
Order on Motion for Leave to Appear Pro Hac Vice
Tue 09/24 11:00 PM
ORDER granting21 Motion for Leave to Appear Pro Hac Vice. Attorney Susan B. Hendrix is granted permission to appear pro hac vice on behalf of Plaintiffs. The attorney shall register for ECF at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Judge Hector Gonzalez on 9/24/2024. (ICP) |
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| Monday, September 23, 2024 | ||
| 21 | 21
1
pgs
motion
Appear Pro Hac Vice
Mon 09/23 5:24 PM
MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18310210 by Aasha Services, Inc., Allcare Homecare Agency, Inc. dba Vivid Care, Bangla CDPAP Service Inc., Best Help Home Care Corp., Careaide Direct, Inc., Carefirst CDPAP, Corp., Celestial Care Inc., Zilla Cummings, Trina-Rose Cutugno, Charlotte Dewitt, Elizabeth Dunrod, Easy Choice Agency, Inc., Elim Home Care Agency LLC, Enriched Home Care Agency Inc., Yvonne Francois, Antonina Frimer, Naum Galler, Nikolay Gavrilov, Carol Gittens, Healthy Life Choice Inc., Home Choice LLC, International Home Care Services of NY, LLC, Muhammad O. Islam, Violette Jeannot, Just Care LLC, Eugene Karasyunok, Nelli Kotsyuba, Pedro Peralta, Cesar Riofrio, Margarita Rozenboym, Vitaliy Rozenboym, Safe Haven Home Care, Inc., Safety 1st Homecare, Inc., Silver Lining Homecare Agency, Inc., Rashida Smith, Sundance Home Care Inc., The Doral Investors Group, LLC, dba House Calls Homecare. (Hendrix, Susan) |
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Att: 1
Affidavit,
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Att: 2
Appendix Certificates of Good Standing,
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Att: 3
Proposed Order
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| Friday, September 20, 2024 | ||
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order
Order on Motion for Pre Motion Conference
Fri 09/20 10:02 AM
ORDER GRANTING20 : Defendants may file their motion to dismiss the Complaint together with their opposition to Plaintiffs' motion seeking a preliminary injunction on October 9, 2024. They may file one memorandum of 45 pages in support of their motion and opposition and may file a single declaration not to exceed 30 pages in connection therewith. On or before October 23, 2024, Plaintiffs may file a joint reply in support of their motion seeking a preliminary injunction and opposition to Defendants' motion to dismiss that is not to exceed 40 pages. Defendants may file a reply in support of their motion to dismiss on or before November 4, 2024, that is not to exceed 15 pages. The parties' deadline to file their joint letter and case management plan is stayed pending a decision on Plaintiffs' motion seeking a preliminary injunction and Defendants' motion to dismiss. Ordered by Judge Hector Gonzalez on 9/20/2024. (ICP) |
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| Thursday, September 19, 2024 | ||
| 20 | 20
4
pgs
motion
Pre Motion Conference
Thu 09/19 4:03 PM
Letter MOTION for pre motion conference in anticipation of Defendants' motion to dismiss, permission to submit a consolidated brief that is in excess of the page limit, and request for an extension of time to submit the Case Management Plan by James McDonald in his official capacity as Commissioner, New York State Department of Health, Kathy Hochul, in her official capacity as Governor of New York, New York State, New York State Department of Health. (Fucci, Glenne) |
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| Wednesday, September 11, 2024 | ||
| 19 | 19
2
pgs
respm
Response to Motion
Wed 09/11 3:43 PM
RESPONSE to Motion re18 MOTION to Expedite Ordered Schedule for Preliminary Injunction filed by All Defendants. (Parker, Christina) |
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| 18 | 18
2
pgs
motion
Expedite
Wed 09/11 11:49 AM
MOTION to Expedite Ordered Schedule for Preliminary Injunction by Aasha Services, Inc., Allcare Homecare Agency, Inc. dba Vivid Care, Bangla CDPAP Service Inc., Best Help Home Care Corp., Careaide Direct, Inc., Carefirst CDPAP, Corp., Celestial Care Inc., Zilla Cummings, Trina-Rose Cutugno, Charlotte Dewitt, Elizabeth Dunrod, Easy Choice Agency, Inc., Elim Home Care Agency LLC, Enriched Home Care Agency Inc., Yvonne Francois, Antonina Frimer, Naum Galler, Nikolay Gavrilov, Carol Gittens, Healthy Life Choice Inc., Home Choice LLC, International Home Care Services of NY, LLC, Muhammad O. Islam, Violette Jeannot, Just Care LLC, Eugene Karasyunok, Nelli Kotsyuba, Pedro Peralta, Cesar Riofrio, Margarita Rozenboym, Vitaliy Rozenboym, Safe Haven Home Care, Inc., Safety 1st Homecare, Inc., Silver Lining Homecare Agency, Inc., Rashida Smith, Sundance Home Care Inc., The Doral Investors Group, LLC, dba House Calls Homecare. (Adams, Derek) |
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| 17 | 17
service
Summons Returned Executed
Wed 09/11 11:41 AM
SUMMONS Returned Executed by Safe Haven Home Care, Inc., Just Care LLC, Best Help Home Care Corp., Vitaliy Rozenboym, Elim Home Care Agency LLC, Naum Galler, Yvonne Francois, Violette Jeannot, Aasha Services, Inc., The Doral Investors Group, LLC, dba House Calls Homecare, Nikolay Gavrilov, Easy Choice Agency, Inc., Enriched Home Care Agency Inc., Healthy Life Choice Inc., Cesar Riofrio, Charlotte Dewitt, Celestial Care Inc., Trina-Rose Cutugno, International Home Care Services of NY, LLC, Silver Lining Homecare Agency, Inc., Carol Gittens, Careaide Direct, Inc., Zilla Cummings, Carefirst CDPAP, Corp., Home Choice LLC, Pedro Peralta, Sundance Home Care Inc., Antonina Frimer, Muhammad O. Islam, Elizabeth Dunrod, Rashida Smith, Margarita Rozenboym, Eugene Karasyunok, Safety 1st Homecare, Inc., Allcare Homecare Agency, Inc. dba Vivid Care, Bangla CDPAP Service Inc., Nelli Kotsyuba. New York State served on 9/6/2024, answer due 9/27/2024. (Adams, Derek) |
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| 16 | 16
service
Summons Returned Executed
Wed 09/11 11:40 AM
SUMMONS Returned Executed by Safe Haven Home Care, Inc., Just Care LLC, Best Help Home Care Corp., Vitaliy Rozenboym, Elim Home Care Agency LLC, Naum Galler, Yvonne Francois, Violette Jeannot, Aasha Services, Inc., The Doral Investors Group, LLC, dba House Calls Homecare, Nikolay Gavrilov, Easy Choice Agency, Inc., Enriched Home Care Agency Inc., Healthy Life Choice Inc., Cesar Riofrio, Charlotte Dewitt, Celestial Care Inc., Trina-Rose Cutugno, International Home Care Services of NY, LLC, Silver Lining Homecare Agency, Inc., Carol Gittens, Careaide Direct, Inc., Zilla Cummings, Carefirst CDPAP, Corp., Home Choice LLC, Pedro Peralta, Sundance Home Care Inc., Antonina Frimer, Muhammad O. Islam, Elizabeth Dunrod, Rashida Smith, Margarita Rozenboym, Eugene Karasyunok, Safety 1st Homecare, Inc., Allcare Homecare Agency, Inc. dba Vivid Care, Bangla CDPAP Service Inc., Nelli Kotsyuba. Kathy Hochul, in her official capacity as Governor of New York served on 9/4/2024, answer due 9/25/2024. (Adams, Derek) |
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| 15 | 15
1
pgs
service
Summons Returned Executed
Wed 09/11 11:39 AM
SUMMONS Returned Executed by Safe Haven Home Care, Inc., Just Care LLC, Best Help Home Care Corp., Vitaliy Rozenboym, Elim Home Care Agency LLC, Naum Galler, Yvonne Francois, Violette Jeannot, Aasha Services, Inc., The Doral Investors Group, LLC, dba House Calls Homecare, Nikolay Gavrilov, Easy Choice Agency, Inc., Enriched Home Care Agency Inc., Healthy Life Choice Inc., Cesar Riofrio, Charlotte Dewitt, Celestial Care Inc., Trina-Rose Cutugno, International Home Care Services of NY, LLC, Silver Lining Homecare Agency, Inc., Carol Gittens, Careaide Direct, Inc., Zilla Cummings, Carefirst CDPAP, Corp., Home Choice LLC, Pedro Peralta, Sundance Home Care Inc., Antonina Frimer, Muhammad O. Islam, Elizabeth Dunrod, Rashida Smith, Margarita Rozenboym, Eugene Karasyunok, Safety 1st Homecare, Inc., Allcare Homecare Agency, Inc. dba Vivid Care, Bangla CDPAP Service Inc., Nelli Kotsyuba. James McDonald in his official capacity as Commissioner, New York State Department of Health served on 9/4/2024, answer due 9/25/2024. (Adams, Derek) |
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| 14 | 14
1
pgs
service
Summons Returned Executed
Wed 09/11 11:37 AM
SUMMONS Returned Executed by Safe Haven Home Care, Inc., Just Care LLC, Best Help Home Care Corp., Vitaliy Rozenboym, Elim Home Care Agency LLC, Naum Galler, Yvonne Francois, Violette Jeannot, Aasha Services, Inc., The Doral Investors Group, LLC, dba House Calls Homecare, Nikolay Gavrilov, Easy Choice Agency, Inc., Enriched Home Care Agency Inc., Healthy Life Choice Inc., Cesar Riofrio, Charlotte Dewitt, Celestial Care Inc., Trina-Rose Cutugno, International Home Care Services of NY, LLC, Silver Lining Homecare Agency, Inc., Carol Gittens, Careaide Direct, Inc., Zilla Cummings, Carefirst CDPAP, Corp., Home Choice LLC, Pedro Peralta, Sundance Home Care Inc., Antonina Frimer, Muhammad O. Islam, Elizabeth Dunrod, Rashida Smith, Margarita Rozenboym, Eugene Karasyunok, Safety 1st Homecare, Inc., Allcare Homecare Agency, Inc. dba Vivid Care, Bangla CDPAP Service Inc., Nelli Kotsyuba. New York State Department of Health served on 9/4/2024, answer due 9/25/2024. (Adams, Derek) |
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order
Order on Motion to Expedite
Wed 09/11 4:53 PM
ORDER denying18 Motion to Expedite. The Court's understanding from Plaintiff's Motion seeking a Preliminary Injunction, see ECF No.3 , and Defendant's Opposition to Plaintiff's Motion to Expedite, see ECF No.19 , is that the Plaintiff agencies will not be required to close operations until April 1, 2025, and that they will not need to notify Consumers about a potential closure until 45-days prior to that closure. Given this timing, that the law Plaintiffs' challenge was enacted on April 20, 2024, and the complex issues involved, the Court declines to expedite the parties' briefing schedule. However, no extensions of the parties' briefing schedule will be granted. Ordered by Judge Hector Gonzalez on 9/11/2024. (ICP) |
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| Monday, September 09, 2024 | ||
| 13 | 13
10
pgs
order
Status Report Order
Mon 09/09 4:37 PM
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by October 14, 2024, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiffs' counsel shall notify Defendants' counsel of this scheduling order, in writing, as soon as reasonably possible. Although the Court will be amenable to a reasonable extension of Defendants' deadline to answer or otherwise respond to Plaintiffs' complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendants' answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 9/9/2024. (ICP) |
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| 12 | 12
notice
Notice of Appearance
Mon 09/09 3:08 PM
NOTICE of Appearance by Christina Saccocio Parker on behalf of All Defendants (aty to be noticed) (Parker, Christina) |
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| 11 | 11
notice
Notice of Appearance
Mon 09/09 3:07 PM
NOTICE of Appearance by Glenne Ellen Fucci on behalf of All Defendants (aty to be noticed) (Fucci, Glenne) |
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order
Scheduling Order
Mon 09/09 3:52 PM
ORDER: Now that Defendants have appeared, they shall file their opposition to Plaintiff's motion seeking a preliminary injunction, see ECF No.2 , on or before October 9, 2024. Plaintiff's reply is due on or before October 23, 2024. Ordered by Judge Hector Gonzalez on 9/9/2024. (ICP) |
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| Friday, August 30, 2024 | ||
| 10 | 10
service
Summons Issued
Fri 08/30 8:43 AM
Summons Issued as to James McDonald in his official capacity as Commissioner, New York State Department of Health, Kathy Hochul, in her official capacity as Governor of New York, New York State, New York State Department of Health. (JVC) (Main Document 10 replaced on 8/30/2024) (PSN) |
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| Thursday, August 29, 2024 | ||
| 9 | 9
misc
Proposed Summons/Civil Cover Sheet
Thu 08/29 2:48 PM
Proposed Summons. Re1 Complaint,,,,, by Aasha Services, Inc., Allcare Homecare Agency, Inc. dba Vivid Care, Bangla CDPAP Service Inc., Best Help Home Care Corp., Careaide Direct, Inc., Carefirst CDPAP, Corp., Celestial Care Inc., Zilla Cummings, Trina-Rose Cutugno, Charlotte Dewitt, Elizabeth Dunrod, Easy Choice Agency, Inc., Elim Home Care Agency LLC, Enriched Home Care Agency Inc., Yvonne Francois, Antonina Frimer, Naum Galler, Nikolay Gavrilov, Carol Gittens, Healthy Life Choice Inc., Home Choice LLC, International Home Care Services of NY, LLC, Muhammad O. Islam, Violette Jeannot, Just Care LLC, Eugene Karasyunok, Nelli Kotsyuba, Pedro Peralta, Cesar Riofrio, Margarita Rozenboym, Vitaliy Rozenboym, Safe Haven Home Care, Inc., Safety 1st Homecare, Inc., Silver Lining Homecare Agency, Inc., Rashida Smith, Sundance Home Care Inc., The Doral Investors Group, LLC, dba House Calls Homecare (Adams, Derek) |
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misc
Proposed Summons/Civil Cover Sheet
Thu 08/29 2:47 PM
Proposed Summons. Re1 Complaint,,,,, by Aasha Services, Inc., Allcare Homecare Agency, Inc. dba Vivid Care, Bangla CDPAP Service Inc., Best Help Home Care Corp., Careaide Direct, Inc., Carefirst CDPAP, Corp., Celestial Care Inc., Zilla Cummings, Trina-Rose Cutugno, Charlotte Dewitt, Elizabeth Dunrod, Easy Choice Agency, Inc., Elim Home Care Agency LLC, Enriched Home Care Agency Inc., Yvonne Francois, Antonina Frimer, Naum Galler, Nikolay Gavrilov, Carol Gittens, Healthy Life Choice Inc., Home Choice LLC, International Home Care Services of NY, LLC, Muhammad O. Islam, Violette Jeannot, Just Care LLC, Eugene Karasyunok, Nelli Kotsyuba, Pedro Peralta, Cesar Riofrio, Margarita Rozenboym, Vitaliy Rozenboym, Safe Haven Home Care, Inc., Safety 1st Homecare, Inc., Silver Lining Homecare Agency, Inc., Rashida Smith, Sundance Home Care Inc., The Doral Investors Group, LLC, dba House Calls Homecare (Adams, Derek) |
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| 7 | 7
misc
Proposed Summons/Civil Cover Sheet
Thu 08/29 2:47 PM
Proposed Summons. Re1 Complaint,,,,, by Aasha Services, Inc., Allcare Homecare Agency, Inc. dba Vivid Care, Bangla CDPAP Service Inc., Best Help Home Care Corp., Careaide Direct, Inc., Carefirst CDPAP, Corp., Celestial Care Inc., Zilla Cummings, Trina-Rose Cutugno, Charlotte Dewitt, Elizabeth Dunrod, Easy Choice Agency, Inc., Elim Home Care Agency LLC, Enriched Home Care Agency Inc., Yvonne Francois, Antonina Frimer, Naum Galler, Nikolay Gavrilov, Carol Gittens, Healthy Life Choice Inc., Home Choice LLC, International Home Care Services of NY, LLC, Muhammad O. Islam, Violette Jeannot, Just Care LLC, Eugene Karasyunok, Nelli Kotsyuba, Pedro Peralta, Cesar Riofrio, Margarita Rozenboym, Vitaliy Rozenboym, Safe Haven Home Care, Inc., Safety 1st Homecare, Inc., Silver Lining Homecare Agency, Inc., Rashida Smith, Sundance Home Care Inc., The Doral Investors Group, LLC, dba House Calls Homecare (Adams, Derek) |
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| 6 | 6
misc
Proposed Summons/Civil Cover Sheet
Thu 08/29 2:45 PM
Proposed Summons. Re1 Complaint,,,,, by Aasha Services, Inc., Allcare Homecare Agency, Inc. dba Vivid Care, Bangla CDPAP Service Inc., Best Help Home Care Corp., Careaide Direct, Inc., Carefirst CDPAP, Corp., Celestial Care Inc., Zilla Cummings, Trina-Rose Cutugno, Charlotte Dewitt, Elizabeth Dunrod, Easy Choice Agency, Inc., Elim Home Care Agency LLC, Enriched Home Care Agency Inc., Yvonne Francois, Antonina Frimer, Naum Galler, Nikolay Gavrilov, Carol Gittens, Healthy Life Choice Inc., Home Choice LLC, International Home Care Services of NY, LLC, Muhammad O. Islam, Violette Jeannot, Just Care LLC, Eugene Karasyunok, Nelli Kotsyuba, Pedro Peralta, Cesar Riofrio, Margarita Rozenboym, Vitaliy Rozenboym, Safe Haven Home Care, Inc., Safety 1st Homecare, Inc., Silver Lining Homecare Agency, Inc., Rashida Smith, Sundance Home Care Inc., The Doral Investors Group, LLC, dba House Calls Homecare (Adams, Derek) |
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| 5 | 5
misc
Quality Control Check - Attorney Case Opening
Thu 08/29 8:16 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
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| 4 | 4
misc
Clerks Notice of Rule 73
Thu 08/29 8:13 AM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (CV) |
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utility
Case Assigned/Reassigned
Thu 08/29 8:11 AM
Case Assigned to Judge Hector Gonzalez. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CV) |
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misc
Quality Control Check - Summons
Thu 08/29 8:14 AM
Your proposed summons was not issued for one of the following reasons: The full case caption must appear on the summons and when there are multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included.., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CV) |
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order
Status Report Order
Thu 08/29 11:14 AM
ORDER: Plaintiffs shall file a letter no longer than three pages on or before September 12, 2024, describing Plaintiffs' efforts to serve Plaintiffs' complaint and a summons on each Defendant. If Plaintiffs fail to file the letter required by this order, or if Plaintiffs' letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiffs to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. Notably, it appears that Plaintiffs have not filed a proper proposed summons for the Clerk of Court to issue. The Court will not extend the deadline for Plaintiffs to file the letter required by this order unless Plaintiffs request an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 8/29/2024. (ICP) |
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| Wednesday, August 28, 2024 | ||
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motion
Preliminary Injunction
Wed 08/28 4:04 PM
MOTION for Preliminary Injunction Memorandum in Support by Aasha Services, Inc., Allcare Homecare Agency, Inc. dba Vivid Care, Bangla CDPAP Service Inc., Best Help Home Care Corp., Careaide Direct, Inc., Carefirst CDPAP, Corp., Celestial Care Inc., Zilla Cummings, Trina-Rose Cutugno, Charlotte Dewitt, Elizabeth Dunrod, Easy Choice Agency, Inc., Elim Home Care Agency LLC, Enriched Home Care Agency Inc., Yvonne Francois, Antonina Frimer, Naum Galler, Nikolay Gavrilov, Carol Gittens, Healthy Life Choice Inc., Home Choice LLC, International Home Care Services of NY, LLC, Muhammad O. Islam, Violette Jeannot, Just Care LLC, Eugene Karasyunok, Nelli Kotsyuba, Pedro Peralta, Cesar Riofrio, Margarita Rozenboym, Vitaliy Rozenboym, Safe Haven Home Care, Inc., Safety 1st Homecare, Inc., Silver Lining Homecare Agency, Inc., Rashida Smith, Sundance Home Care Inc., The Doral Investors Group, LLC, dba House Calls Homecare. (Adams, Derek) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8,
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Att: 9
Exhibit 9,
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Att: 10
Exhibit 10,
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Att: 11
Exhibit 11,
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Att: 12
Exhibit 12,
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Att: 13
Exhibit 13,
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Att: 14
Exhibit 14,
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Att: 15
Exhibit 15,
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Att: 16
Exhibit 16
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| 2 | 2
motion
Preliminary Injunction
Wed 08/28 3:51 PM
MOTION for Preliminary Injunction by Aasha Services, Inc., Allcare Homecare Agency, Inc. dba Vivid Care, Bangla CDPAP Service Inc., Best Help Home Care Corp., Careaide Direct, Inc., Carefirst CDPAP, Corp., Celestial Care Inc., Zilla Cummings, Trina-Rose Cutugno, Charlotte Dewitt, Elizabeth Dunrod, Easy Choice Agency, Inc., Elim Home Care Agency LLC, Enriched Home Care Agency Inc., Yvonne Francois, Antonina Frimer, Naum Galler, Nikolay Gavrilov, Carol Gittens, Healthy Life Choice Inc., Home Choice LLC, International Home Care Services of NY, LLC, Muhammad O. Islam, Violette Jeannot, Just Care LLC, Eugene Karasyunok, Nelli Kotsyuba, Pedro Peralta, Cesar Riofrio, Margarita Rozenboym, Vitaliy Rozenboym, Safe Haven Home Care, Inc., Safety 1st Homecare, Inc., Silver Lining Homecare Agency, Inc., Rashida Smith, Sundance Home Care Inc., The Doral Investors Group, LLC, dba House Calls Homecare. (Adams, Derek) |
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| Thursday, August 22, 2024 | ||
| 1 | 1
46
pgs
cmp
Complaint
Thu 08/22 5:14 PM
COMPLAINT for Declaratory and Injunctive Relief against All Defendants filing fee $ 405, receipt number ANYEDC-18206022 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Safe Haven Home Care, Inc., Just Care LLC, Best Help Home Care Corp., Vitaliy Rozenboym, Elim Home Care Agency LLC, Naum Galler, Yvonne Francois, Violette Jeannot, Aasha Services, Inc., The Doral Investors Group, LLC, dba House Calls Homecare, Nikolay Gavrilov, Easy Choice Agency, Inc., Enriched Home Care Agency Inc., Healthy Life Choice Inc., Cesar Riofrio, Charlotte Dewitt, Celestial Care Inc., Trina-Rose Cutugno, International Home Care Services of NY, LLC, Silver Lining Homecare Agency, Inc., Carol Gittens, Careaide Direct, Inc., Zilla Cummings, Carefirst CDPAP, Corp., Home Choice LLC, Pedro Peralta, Sundance Home Care Inc., Antonina Frimer, Muhammad O. Islam, Elizabeth Dunrod, Rashida Smith, Margarita Rozenboym, Eugene Karasyunok, Safety 1st Homecare, Inc., Allcare Homecare Agency, Inc. dba Vivid Care, Bangla CDPAP Service Inc., Nelli Kotsyuba. (Adams, Derek) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons State of New York,
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Att: 3
Proposed Summons NY DOH,
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Att: 4
Proposed Summons Hochul,
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Att: 5
Proposed Summons McDonald
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