Khan M.D. v. McDonald MD et al
| New York Eastern District Court | |
| Judge: | Joan M Azrack |
| Case #: | 2:24-cv-04745 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Jul 08, 2024 |
| Last checked: Thursday Aug 22, 2024 4:33 AM EDT |
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Defendant
Lawrence Burwell
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Represented By
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Defendant
Brian Cruz
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Represented By
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Defendant
Joseph A. Giovannetti
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Represented By
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Defendant
John Doe and/or Mary Roe
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Defendant
James McDonald MD
in his official capacity as Commissioner of NYS Department of Health NYS Department of Health 320 Carleton Ave Suite 5000
Central Islip, NY 11722 |
Represented By
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Plaintiff
Faiz Khan M.D.
Advanced Medical Long Island 180 Michael Drive
Syosset, NY 11791 |
Represented By
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| Docket last updated: 1 hours ago |
| Thursday, August 08, 2024 | ||
| 37 | 37
order
Order(Other)
Fri 08/09 9:14 AM
ORDER re35 Letter REGARDING BRIEFING SCHEDULE AND TIE TO ANSWER AMENDED COMPLAINT filed by Faiz Khan M.D. So Ordered by Judge Joan M. Azrack on 8/8/2024. (LC) |
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| 36 | 36
notice
Notice(Other)
Thu 08/08 1:49 PM
NOTICE by Faiz Khan M.D. re34 Notice(Other) CORRECTED NOTICE OF SERVICE OF MOTION FOR PRE COMPLIANCE JUDICIAL REVIEW OF ADMINISTRATIVE SUBPOENA ETC (Simon, Jacques) |
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| Wednesday, August 07, 2024 | ||
| 35 | 35
misc
Letter
Wed 08/07 4:24 PM
Letter TO JUDGE AZRACK REGARDING BRIEFING SCHEDULE AND TIE TO ANSWER AMENDED COMPLAINT by Faiz Khan M.D. (Simon, Jacques) |
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| 34 | 34
notice
Notice(Other)
Wed 08/07 4:22 PM
NOTICE by Faiz Khan M.D. NOTICE OF SERVICE OF MOTION FOR PRE COMPLIANCE JUDIIAL REVIEW OF ADMINISTRATIVE SUBPOENA ETC. (Simon, Jacques) |
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| 33 | 33
notice
Notice(Other)
Wed 08/07 4:20 PM
NOTICE by Faiz Khan M.D. NOTICE OF SERVICE OF MOTION FOR PRELIMINARY INJUNCTION AND SUPPORTING DECLARATIONS AND MEMORANDUM OF LAW (Simon, Jacques) |
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| 32 | 32
notice
Notice(Other)
Wed 08/07 3:44 PM
NOTICE by Faiz Khan M.D. re28 Summons Issued,29 Summons Issued,30 Summons Issued,31 Summons Issued,26 Summons Issued,27 Summons Issued,16 Amended Complaint NOTICE OF ACKNOWLEDGEMENT OF SERVICE OF PROCESS BY ALL DEFENDANTS (Simon, Jacques) |
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| Friday, August 02, 2024 | ||
| 31 | 31
service
Summons Issued
Fri 08/02 1:54 PM
Summons Issued as to Mary Roe. (LC) |
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| 30 | 30
service
Summons Issued
Fri 08/02 1:50 PM
Summons Issued as to John Doe. (LC) Modified on 8/2/2024 (LC) |
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| 29 | 29
service
Summons Issued
Fri 08/02 1:47 PM
Summons Issued as to James McDonald MD. (LC) |
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| 28 | 28
service
Summons Issued
Fri 08/02 1:41 PM
Summons Issued as to Joseph A. Giovannetti. (LC) |
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| 27 | 27
service
Summons Issued
Fri 08/02 1:11 PM
Summons Issued as to Brian Cruz. (LC) |
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| 26 | 26
service
Summons Issued
Fri 08/02 12:54 PM
Summons Issued as to Lawrence Burwell. (LC) (Main Document 26 replaced on 8/2/2024) (LC) |
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| Thursday, August 01, 2024 | ||
| 25 | 25
misc
Letter
Thu 08/01 3:37 PM
Letter to clerk regarding issuances of summonses related to DE 16 by Faiz Khan M.D. (Simon, Jacques) |
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| 24 | 24
misc
Proposed Summons/Civil Cover Sheet
Thu 08/01 3:35 PM
Proposed Summons. Re16 Amended Complaint by Faiz Khan M.D. (Simon, Jacques) |
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| 23 | 23
misc
Proposed Summons/Civil Cover Sheet
Thu 08/01 3:34 PM
Proposed Summons. Re16 Amended Complaint by Faiz Khan M.D. (Simon, Jacques) |
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| 22 | 22
misc
Proposed Summons/Civil Cover Sheet
Thu 08/01 3:33 PM
Proposed Summons. Re16 Amended Complaint by Faiz Khan M.D. (Simon, Jacques) |
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| 21 | 21
misc
Proposed Summons/Civil Cover Sheet
Thu 08/01 3:32 PM
Proposed Summons. Re16 Amended Complaint by Faiz Khan M.D. (Simon, Jacques) |
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| 20 | 20
misc
Proposed Summons/Civil Cover Sheet
Thu 08/01 3:31 PM
Proposed Summons. Re16 Amended Complaint by Faiz Khan M.D. (Simon, Jacques) |
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| 19 | 19
misc
Proposed Summons/Civil Cover Sheet
Thu 08/01 3:30 PM
Proposed Summons. Re16 Amended Complaint by Faiz Khan M.D. (Simon, Jacques) |
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utility
Case Assigned/Reassigned
Thu 08/01 9:32 AM
Case reassigned to Judge Joan M. Azrack. Judge Orelia E. Merchant no longer assigned to the case. 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. (LF) |
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order
Order on Motion to Disqualify Judge
Thu 08/01 10:18 AM
ORDER: Plaintiff's 7/30/2024 motion at DE17 to disqualify the then-assigned district judge is DENIED AS MOOT given the subsequent reassignment of this case to the undersigned. See 8/1/2024 Notice of Reassignment. Ordered by Judge Joan M. Azrack on 8/1/2024. (CB) |
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| Wednesday, July 31, 2024 | ||
| 18 | 18
respm
Response to Motion
Wed 07/31 10:08 AM
RESPONSE to Motion re17 MOTION to Disqualify Judge Orelia Merchant filed by All Defendants. (Mirro, James) |
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| Tuesday, July 30, 2024 | ||
| 17 | 17
motion
Disqualify Judge
Tue 07/30 2:17 PM
MOTION to Disqualify Judge Orelia Merchant by Faiz Khan M.D.. (Simon, Jacques) |
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Att: 1
Affidavit in Support declaration in support of motion to recuse,
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Att: 2
Memorandum in Support Memorandum in support of motion to recuse
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| Monday, July 15, 2024 | ||
| 16 | 16
cmp
Amended Complaint
Mon 07/15 7:23 PM
AMENDED COMPLAINT FIRST against All Defendants, filed by Faiz Khan M.D.. (Simon, Jacques) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B,
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Att: 3
Exhibit Exhibit C,
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Att: 4
Exhibit Exhibit D,
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Att: 5
Exhibit Exhibits it E
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| 15 | 15
notice
Notice of Appearance
Mon 07/15 7:16 PM
NOTICE of Appearance by James Mirro on behalf of All Defendants (aty to be noticed) (Mirro, James) |
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| Thursday, July 11, 2024 | ||
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misc
Consent to Jurisdiction by US Magistrate Judge - Declined
Thu 07/11 6:55 AM
NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (LV) |
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utility
Case Assigned/Reassigned
Thu 07/11 9:23 AM
Case Reassigned to Judge Orelia E. Merchant and Magistrate Judge Steven Tiscione. 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. (AC) |
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| Wednesday, July 10, 2024 | ||
| 14 | 14
misc
Proposed Summons/Civil Cover Sheet
Wed 07/10 1:41 PM
Proposed Summons. Re1 Complaint, by Faiz Khan M.D. (Simon, Jacques) |
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| 13 | 13
misc
Proposed Summons/Civil Cover Sheet
Wed 07/10 1:39 PM
Proposed Summons. Re1 Complaint, by Faiz Khan M.D. (Simon, Jacques) |
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| 12 | 12
service
Summons Issued
Wed 07/10 1:23 PM
Summons Issued as to Lawrence Burwell, Brian Cruz, Joseph A. Giovannetti, James McDonald MD. (AMF) |
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Att: 1
Summons,
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Att: 2
Summons,
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Att: 3
Summons
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misc
Quality Control Check - Summons
Wed 07/10 1:24 PM
DE9 and10 Proposed Summons were Rejected because Names of Defendants does not match what is listed on the Caption of the Complaint. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (AMF) |
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| Tuesday, July 09, 2024 | ||
| 11 | 11
misc
Letter
Tue 07/09 2:26 PM
Letter to the clerk regarding case assignment to USDJ by Faiz Khan M.D. (Simon, Jacques) |
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| 10 | 10
misc
Proposed Summons/Civil Cover Sheet
Tue 07/09 2:05 PM
Proposed Summons. Re1 Complaint, by Faiz Khan M.D. (Simon, Jacques) |
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| 9 | 9
misc
Proposed Summons/Civil Cover Sheet
Tue 07/09 2:04 PM
Proposed Summons. by Faiz Khan M.D. (Simon, Jacques) |
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| 8 | 8
misc
Proposed Summons/Civil Cover Sheet
Tue 07/09 2:03 PM
Proposed Summons. Re1 Complaint, by Faiz Khan M.D. (Simon, Jacques) |
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| 7 | 7
misc
Proposed Summons/Civil Cover Sheet
Tue 07/09 2:02 PM
Proposed Summons. Re1 Complaint, by Faiz Khan M.D. (Simon, Jacques) |
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| 6 | 6
misc
Proposed Summons/Civil Cover Sheet
Tue 07/09 2:01 PM
Proposed Summons. Re1 Complaint, by Faiz Khan M.D. (Simon, Jacques) |
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| 5 | 5
misc
Proposed Summons/Civil Cover Sheet
Tue 07/09 2:00 PM
Proposed Summons. Re1 Complaint, by Faiz Khan M.D. (Simon, Jacques) |
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| 4 | 4
notice
Notice of Opportunity to Consent
Tue 07/09 12:12 PM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. 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. The form is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (LJ) |
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| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Tue 07/09 12:10 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
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| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Tue 07/09 11:08 AM
Civil Cover Sheet.. Re1 Complaint, by Faiz Khan M.D. (Simon, Jacques) Modified on 7/9/2024 (LJ) |
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notice
Notice: Re: Incomplete Civil Cover Sheet
Tue 07/09 8:28 AM
**Notice: Re: Civil Cover Sheet. A Civil Cover Sheet was not filed; the Clerk's Office cannot assign this case without a Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (LJ) |
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utility
Case Assigned/Reassigned
Tue 07/09 12:11 PM
Case Assigned to Magistrate Judge Steven Tiscione. 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. (LJ) |
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misc
Quality Control Check - Summons
Tue 07/09 12:13 PM
A summons was not issued for the following reason: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (LJ) |
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| Monday, July 08, 2024 | ||
| 1 | 1
cmp
Complaint
Mon 07/08 8:16 PM
COMPLAINT VERIFIED against All Defendants filing fee $ 405, receipt number ANYEDC-18048520 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by FAIZ KHAN. (Simon, Jacques) |
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Att: 1
Exhibit EX A,
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Att: 2
Exhibit EX B
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