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13-4166 - O'Toole et al v. Cuomo et al


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13-4166 - O'Toole et al v. Cuomo et al
June 15, 2017
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ORDER: The court APPOINTS Katya Jestin of Jenner & Block LLP to serve as a guardian ad litem for the Class Member Plaintiffs. The court further DIRECTS Jeffrey Sherrin, counsel for the plaintiffs in the Regulations Actions, to provide the court with es: 1:13-cv-04165-NGG-ST, 1:13-cv-04166-NGG-ST (Weigel, Jessica)(1) the names of the anonymous Class Member Plaintiffs; and (2) contact information for each of the Class Member Plaintiffs. Ordered by Judge Nicholas G. Garaufis on 6/15/2017. (Attachments: # (1) Exhibit Roberts Deposition Transcript) Associated Cas
June 22, 2017
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ORDER: The court finds that, for the purposes of Mental Hygiene Law § 33.13(c)(1), the need for the guardian ad litem to access otherwise confidential information (including protected health information as defined in 45 C.F.R. § 160.103) in order to carry out her duties as set forth in the court's June 15, 2017, Order significantly outweighs the need for confidentiality. Pursuant to 45 C.F.R. § 164.512(e)(1)(i) and the inherent authority of the court, it is hereby ORDERED that the guardian ad litem shall have access to the Class Member Plaintiffs' protected health information and other confidential information that is necessary for the guardian ad litem to conduct her duties. Ordered by Judge Nicholas G. Garaufis on 6/22/2017. Associated Cases: 1:13-cv-04165-NGG-ST, 1:13-cv-04166-NGG-ST (Weigel, Jessica)
June 30, 2017
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ORDER: The guardian ad litem shall, for the time being, limit her inquiry and report to Walter Roberts, Joseph Simon, Lawrence Wong, and Kenneth Przyjemski's participation in Residents and Families. The guardian ad litem need not provide notice to Jeffrey J. Sherrin or David T. Luntz, of any interviews of these individuals that she conducts. Moreover, because it is plausible that Sherrin or Luntz's presence could chill the individuals' willingness or ability to be forthcoming and honest with the guardian ad litem, neither Sherrin nor Luntz (nor anyone from these attorneys' firms) shall be present at the guardian ad litem's interviews of these individuals. The court will take no action on the guardian ad litem's report until the parties to the above-captioned cases have had an opportunity to comment on and/or object to the guardian ad litem's findings. Ordered by Judge Nicholas G. Garaufis on 6/30/2017. Associated Cases: 1:13-cv-04165-NGG-ST, 1:13-cv-04166-NGG-ST (Weigel, Jessica)