Principle Homecare, LLC et al v. McDonald
| New York Southern District Court | |
| Judge: | Margaret M Garnett |
| Case #: | 1:24-cv-07071 |
| Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Sep 18, 2024 |
| Last checked: Sunday Nov 03, 2024 4:44 AM EST |
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Defendant
James V. McDonald
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Represented By
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Plaintiff
Care Connect CDPAP, Inc.
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Represented By
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Plaintiff
Marton Care Inc.
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Represented By
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Plaintiff
Principle Homecare, LLC
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Represented By
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Plaintiff
Prompt Home Care LLC
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Represented By
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| Docket last updated: 12/20/2024 11:59 PM EST |
| Friday, December 20, 2024 | ||
| 30 | 30
2
pgs
order
Order on Motion for Leave to File Excess Pages
Fri 12/20 2:46 PM
ORDER granting29 Letter Motion for Leave to File Excess Pages. Application GRANTED. It is hereby ORDERED that Defendant's reply in support of its motion to dismiss shall be filed no later than December 31, 2024 and shall not exceed 16 pages. The Clerk of Court is respectfully directed to terminate Dkt. No. 29. (Signed by Judge Margaret M. Garnett on 12/20/2024) (jjc) |
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| 29 | 29
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pgs
motion
File Excess Pages
Fri 12/20 11:32 AM
LETTER MOTION for Leave to File Excess Pages and Second Extension Request to File Reply addressed to Judge Margaret M. Garnett from Erin R. McAlister dated December 20, 2024. Document filed by James V. McDonald..(McAlister, Erin) |
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utility
Set/Reset Deadlines
Fri 12/20 2:47 PM
Set/Reset Deadlines: Replies due by 12/31/2024. (jjc) |
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| Monday, December 16, 2024 | ||
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1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Mon 12/16 12:25 PM
ORDER granting27 Letter Motion for Extension of Time to File Response/Reply Application GRANTED. Defendant shall file his reply in support of his motion to dismiss no later than December 26, 2024. The Clerk of Court is directed to terminate Dkt. No. 27. SO ORDERED. Replies due by 12/26/2024.. (Signed by Judge Margaret M. Garnett on 12/16/2024) (jca) |
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| Friday, December 13, 2024 | ||
| 27 | 27
1
pgs
motion
Extension of Time to File Response/Reply
Fri 12/13 4:58 PM
LETTER MOTION for Extension of Time to File Response/Reply in further support of Motion to Dismiss addressed to Judge Margaret M. Garnett from Erin R. McAlister dated December 13, 2024. Document filed by James V. McDonald..(McAlister, Erin) |
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| Thursday, December 12, 2024 | ||
| 26 | 26
38
pgs
respm
Memorandum of Law in Opposition to Motion
Thu 12/12 4:34 PM
MEMORANDUM OF LAW in Opposition re:17 MOTION to Dismiss . . Document filed by Principle Homecare, LLC, Marton Care Inc., Prompt Home Care LLC, Care Connect CDPAP, Inc...(Shapiro, Akiva) |
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| Friday, November 15, 2024 | ||
| 25 | 25
1
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misc
Letter
Fri 11/15 5:23 PM
LETTER addressed to Judge Margaret M. Garnett from Erin R. McAlister dated November 15, 2024 re: attaching redacted exhibits pursuant to Nov. 14, 2024 Order. Document filed by James V. McDonald..(McAlister, Erin) |
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Att: 1
15 pgs
Exhibit 2 to Nov. 1, 2024 Preis Decl (Principle Homecare Contract - Redacted),
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Att: 2
Exhibit 3 to Nov. 1, 2024 Preis Decl (Marton Care Contract - Redacted),
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Att: 3
Exhibit 4 to Nov. 1, 2024 Preis Decl (Prompt Home Care Contract - Redacted),
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Att: 4
Exhibit 5 to Nov. 1, 2024 Preis Decl (Care Connect CDPAP Contract - Redacted)
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| Thursday, November 14, 2024 | ||
| 24 | 24
1
pgs
order
Order on Motion to Seal
Thu 11/14 6:46 PM
ORDER granting23 Letter Motion to Seal Application GRANTED. Defendant requests that four documents be filed under seal because they are contracts that include proprietary information. Although "[t]he common law right of public access to judicial documents is firmly rooted in out nation's history," that right is not absolute, and courts "must balance competing considerations against" the presumption of access. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) (internal references omitted); see also Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 599 (1978) ("[T]he decision as to access is one best left to the sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case."). The Court having considered Defendant's representations, it is hereby ORDERED that Defendant's motion to seal Dkt. Nos. 19-2, 19-3, 19-4, and 19-5 is GRANTED; the Defendant is directed to file redacted versions of the identified exhibits in which only the "proprietary or trade secret information" of the Plaintiffs is removed from public view. The Clerk of Court is respectfully directed to terminate Dkt. No. 23. SO ORDERED.. (Signed by Judge Margaret M. Garnett on 11/14/2024) (jca) |
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| 23 | 23
1
pgs
motion
Seal
Thu 11/14 11:43 AM
LETTER MOTION to Seal Document Nos. 19-2 through 19-5 addressed to Judge Margaret M. Garnett from Erin R. McAlister dated November 14, 2024. Document filed by James V. McDonald..(McAlister, Erin) |
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| Tuesday, November 12, 2024 | ||
| 22 | 22
3
pgs
order
Order on Motion to Adjourn Conference
Tue 11/12 2:46 PM
ORDER granting in part and denying in part20 Letter Motion to Adjourn Conference. Application GRANTED IN PART. It is hereby ORDERED that the November 19, 2024 Initial Pretrial Conference is ADJOURNED to Tuesday, January 7, 2025 at 9:30 a.m. in Courtroom 906 of the Thurgood Marshall Courthouse, 40 Foley Square, NY, NY 10007. The parties should be prepared to discuss the the proposed stay of discovery in light of the then-fully briefed motion to dismiss. The parties are advised that they are not required to submit a proposed case management plan or joint letter in advance of this conference. The Clerk of Court is respectfully directed to terminate Dkt. No. 20. SO ORDERED. Initial Conference set for 1/7/2025 at 09:30 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. (Signed by Judge Margaret M. Garnett on 11/12/2024) (ar) |
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| Friday, November 08, 2024 | ||
| 21 | 21
3
pgs
respm
Response in Opposition to Motion
Fri 11/08 5:30 PM
LETTER RESPONSE in Opposition to Motion addressed to Judge Margaret M. Garnett from Akiva Shapiro dated November 8, 2024 re:20 LETTER MOTION to Adjourn Conference and Stay Discovery addressed to Judge Margaret M. Garnett from Erin R. McAlister dated November 7, 2024. . Document filed by Principle Homecare, LLC, Marton Care Inc., Prompt Home Care LLC, Care Connect CDPAP, Inc...(Shapiro, Akiva) |
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| Thursday, November 07, 2024 | ||
| 20 | 20
3
pgs
motion
Adjourn Conference
Thu 11/07 6:56 PM
LETTER MOTION to Adjourn Conference and Stay Discovery addressed to Judge Margaret M. Garnett from Erin R. McAlister dated November 7, 2024. Document filed by James V. McDonald..(McAlister, Erin) |
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| Friday, November 01, 2024 | ||
| 19 | 19
2
pgs
respm
Declaration in Support of Motion
Fri 11/01 3:41 PM
DECLARATION of Jessica Preis in Support re:17 MOTION to Dismiss .. Document filed by James V. McDonald..(McAlister, Erin) |
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Att: 1
13 pgs
Exhibit 1 - Corning Council v. McDonald, No. 908147-24 (Sup. Ct. Albany Cnty. Sept. 30, 2024),
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Att: 2
15 pgs
Exhibit 2 - Contract between Elderplan Inc. and Plaintiff Principle Homecare,
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Att: 3
35 pgs
Exhibit 3 - Contract between Centers Plan for Healthy Living and Plaintiff Marton Care,
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Att: 4
Exhibit 4 - Contract between Centers Plan for Healthy Living and Plaintiff Prompt Home Care,
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Att: 5
Exhibit 5 - Contract between Centers Plan for Healthy Living and Plaintiff Care Connect CDPAP,
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Att: 6
Exhibit 6 - Excerpts of 2025 NYS Enacted Financial Plan
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| 18 | 18
44
pgs
respm
Memorandum of Law in Support of Motion
Fri 11/01 3:35 PM
MEMORANDUM OF LAW in Support re:17 MOTION to Dismiss . . Document filed by James V. McDonald..(McAlister, Erin) |
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| 17 | 17
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pgs
motion
Dismiss
Fri 11/01 3:29 PM
MOTION to Dismiss . Document filed by James V. McDonald. Responses due by 12/12/2024.(McAlister, Erin) |
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| Tuesday, October 29, 2024 | ||
| 16 | 16
2
pgs
order
Memo Endorsement
Tue 10/29 4:30 PM
MEMO ENDORSEMENT on re:15 Letter filed by James V. McDonald. ENDORSEMENT: Application GRANTED. It is hereby ORDERED that Defendant's memorandum of law in support of its forthcoming motion to dismiss, and Plaintiffs' opposition thereto, may not exceed 35 pages. SO ORDERED. (Signed by Judge Margaret M. Garnett on 10/29/2024) (mml) |
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| 15 | 15
2
pgs
misc
Letter
Tue 10/29 12:12 PM
LETTER addressed to Judge Margaret M. Garnett from Jessica Preis dated October 29, 2024 re: Request for Permission to Exceed 25-Page Limit. Document filed by James V. McDonald..(Preis, Jessica) |
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| Monday, September 30, 2024 | ||
| 14 | 14
service
Affidavit of Service Other
Mon 09/30 4:01 PM
AFFIDAVIT OF SERVICE of Notice of Initial Pretrial Conference and Individual Rules and Practices of the Honorable Margaret M. Garnett served on Commissioner James V. McDonald on September 24, 2024. Service was accepted by Stephanie Fattorusso. Document filed by Care Connect CDPAP, Inc., Marton Care Inc., Principle Homecare, LLC, Prompt Home Care LLC..(Shapiro, Akiva) |
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| 13 | 13
2
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Mon 09/30 1:45 PM
ORDER granting12 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. It is hereby ORDERED that Defendant shall answer, move, or otherwise respond to the Complaint no later than November 1, 2024. In the event Defendant moves to dismiss the complaint, (1) Plaintiffs' shall have until December 12, 2024 to oppose the motion or, in accordance with Rule II(B)(6) of the Court's Individual Rules, file an amended complaint, and (2) Defendant shall file his reply in support of his motion to dismiss no later than December 19, 2024. The Clerk of Court is respectfully directed to terminate Dkt. No. 12. SO ORDERED. Responses due by 12/12/2024 Replies due by 12/19/2024. (Signed by Judge Margaret M. Garnett on 9/30/2024) (mml) |
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utility
Set/Reset Deadlines
Mon 09/30 1:47 PM
Set/Reset Deadlines: James V. McDonald answer due 11/1/2024. Motions due by 11/1/2024. (mml) |
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| Friday, September 27, 2024 | ||
| 12 | 12
2
pgs
motion
Extension of Time to File Response/Reply
Fri 09/27 1:32 PM
FIRST LETTER MOTION for Extension of Time to File Response/Reply as to1 Complaint addressed to Judge Margaret M. Garnett from Jessica Preis dated September 27, 2024. Document filed by James V. McDonald..(Preis, Jessica) |
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| Wednesday, September 25, 2024 | ||
| 11 | 11
notice
Notice of Appearance
Wed 09/25 12:38 PM
NOTICE OF APPEARANCE by Jessica Preis on behalf of James V. McDonald..(Preis, Jessica) |
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| 10 | 10
1
pgs
notice
Notice of Appearance
Wed 09/25 12:17 PM
NOTICE OF APPEARANCE by Erin Ruth McAlister on behalf of James V. McDonald..(McAlister, Erin) |
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| Tuesday, September 24, 2024 | ||
| 9 | 9
service
Affidavit of Service Other
Tue 09/24 8:16 PM
AFFIDAVIT OF SERVICE of Summons, Complaint, Civil Cover Sheet Notice of Appearance, Rule 7.1 Statement, Individual Rules of the Hon. Margaret M. Garnett, and SDNY Electronic Case Filing Rules and Instructions served on James V. McDonald, Commissioner of the New York State Department of Health on September 20, 2024. Service was accepted by Stephanie Fattorusso, Esq.. Document filed by Care Connect CDPAP, Inc., Marton Care Inc., Principle Homecare, LLC, Prompt Home Care LLC..(Shapiro, Akiva) |
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| Monday, September 23, 2024 | ||
| 8 | 8
2
pgs
order
Order for Initial Pretrial Conference
Mon 09/23 5:25 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/19/2024 at 09:30 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. SO ORDERED (Signed by Judge Margaret M. Garnett on 9/23/2024) (ks) |
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| Thursday, September 19, 2024 | ||
| 7 | 7
service
Summons Issued
Thu 09/19 3:13 PM
ELECTRONIC SUMMONS ISSUED as to James V. McDonald..(pc) |
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notice
Case Opening Initial Assignment Notice
Thu 09/19 1:52 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Margaret M. Garnett. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pc) |
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utility
Case Designation
Thu 09/19 1:53 PM
Magistrate Judge Gary Stein is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (pc) |
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utility
Case Designated ECF
Thu 09/19 1:53 PM
Case Designated ECF. (pc) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Thu 09/19 1:53 PM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Akiva Shapiro. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Bronx;. (pc) |
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| Wednesday, September 18, 2024 | ||
| 6 | 6
1
pgs
notice
Notice of Appearance
Wed 09/18 1:10 PM
NOTICE OF APPEARANCE by William John Moccia on behalf of Care Connect CDPAP, Inc., Marton Care Inc., Principle Homecare, LLC, Prompt Home Care LLC..(Moccia, William) |
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| 5 | 5
notice
Notice of Appearance
Wed 09/18 1:07 PM
NOTICE OF APPEARANCE by Mylan Lee Denerstein on behalf of Care Connect CDPAP, Inc., Marton Care Inc., Principle Homecare, LLC, Prompt Home Care LLC..(Denerstein, Mylan) |
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| 4 | 4
misc
Rule 7.1 Corporate Disclosure Statement
Wed 09/18 1:03 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Care Connect CDPAP, Inc., Marton Care Inc., Principle Homecare, LLC, Prompt Home Care LLC..(Shapiro, Akiva) |
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| 3 | 3
service
Request for Issuance of Summons
Wed 09/18 12:57 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner James V. McDonald, re:1 Complaint. Document filed by Care Connect CDPAP, Inc., Marton Care Inc., Principle Homecare, LLC, Prompt Home Care LLC..(Shapiro, Akiva) |
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| 2 | 2
misc
Civil Cover Sheet
Wed 09/18 12:54 PM
CIVIL COVER SHEET filed..(Shapiro, Akiva) |
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| 1 | 1
52
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cmp
Complaint
Wed 09/18 12:52 PM
COMPLAINT against James V. McDonald. (Filing Fee $ 405.00, Receipt Number ANYSDC-29911240)Document filed by Principle Homecare, LLC, Care Connect CDPAP, Inc., Prompt Home Care LLC, Marton Care Inc...(Shapiro, Akiva) |
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