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16-1683 - Residents and Families United to Save Our Adult Homes et al v. Zucker, M.D. et al


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16-1683 - Residents and Families United to Save Our Adult Homes et al v. Zucker, M.D. et al
June 15, 2017
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ca)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 (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) (Weigel, Jessi
June 22, 2017
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6/22/2017. (Weigel, Jessica)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
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. (Weigel, Jessica)
August 10, 2017
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MEMORANDUM & ORDER, Vila's motion for a 64 TRO is DENIED. Vila's 64 motion for a preliminary injunction is respectfully REFERRED to Judge Reyes for a hearing and an R&R pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b)(1). So Ordered by Judge Nicholas G. Garaufis on 8/09/2017. (Lee, Tiffeny)
November 22, 2017
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ORDER re: Plaintiffs' 50, 51, 52, and 78 Motions to Disqualify Judge Garaufis: The motions are DENIED, as stated in the attached order. Ordered by Judge Nicholas G. Garaufis on 11/22/2017. (Pressman, Michael)
March 6, 2018
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MEMORANDUM & ORDER, For the foregoing reasons, Defendants' 57 motion for dismissal of the Residents Plaintiffs' second amended complaint and Defendants' supplemental motion for dismissal of the Empire Plaintiffs' first amended 90 petition are GRANTED. The Residents Plaintiffs' second amended complaint (Dkt. 1-2) and the Empire Plaintiffs' first amended petition (Dkt. 19-8) are DISMISSED WITHOUT PREJUDICE. The court REMANDS the Residents Plaintiffs' and the Empire Plaintiffs' claims to state court. So Ordered by Judge Nicholas G. Garaufis on 3/5/2018. (fwd'd for jgm; certified copy mailed to NYS-Kings County, index no. 9038-13) (Lee, Tiffeny)