DOE v. ZUCKER

1:20-cv-840 (BKS/CFH).

520 F.Supp.3d 217 (2021)

Jane DOE on behalf of herself and her minor child; Jane Boe, Sr. on behalf of herself and her minor child; John Coe, Sr. and Jane Coe, Sr. on behalf of themselves and their minor children; John Foe, Sr. on behalf of himself and his minor child; Jane Goe, Sr. on behalf of herself and her minor child; Jane Loe on behalf of herself and her medically fragile child; Jane Joe on behalf of herself and her medically fragile child; Children's Health Defense, and all others similarly situated, Plaintiffs, v. Howard ZUCKER, in his official capacity as Commissioner of Health for the State of New York; Elizabeth Rausch-Phung, M.D., in her official capacity as Director of the Bureau of Immunizations at the New York State Department of Health; the New York State Department of Health; Three Village Central School District; Cheryl Pedisich, acting in her official capacity as Superintendent, Three Village Central School District; Corinne Keane, acting in her official capacity as Principal Paul J. Gelinas Jr. High School, Three Village Central School District; Lansing Central School District; Chris Pettograsso, acting in her official capacity as Superintendent, Lansing Central School District; Christine Rebera, acting in her official capacity as Principal, Lansing Middle School, Lansing Central School District; Lorri Whiteman, acting in her official capacity as Principal, Lansing Elementary School, Lansing Central School District; Penfield Central School District; Dr. Thomas Putnam, acting in his official capacity as Superintendent, Penfield Central School District; South Huntington School District; Dr. David P. Bennardo, acting in his official capacity as Superintendent, South Huntington School District; Br. David Migliorino, acting in his official capacity as Principal, St. Anthony's High School, South Huntington School District; Ithaca City School District; Dr. Luvelle Brown, acting in his official capacity as Superintendent, Ithaca City School District; Susan Eschbach, acting in her official capacity as Principal, Beverly J. Martin Elementary School, Ithaca City School District; Coxsackie-Athens School District; Randall Squier, Superintendent, acting in his official capacity as Superintendent, Coxsackie-Athens School District; Freya Mercer, acting in her official capacity as Principal, Coxsackie Athens High School, Coxsackie-Athens School District; Albany City School District; Kaweeda G. Adams, acting in her official capacity as Superintendent, Albany City School District; Michael Paolino, acting in his official capacity as Principal, William S. Hackett Middle School, Albany City School District; and all others similarly situated, Defendants.

United States District Court, N.D. New York.

Signed February 17, 2021.


Attorney(s) appearing for the Case

For Plaintiffs: Sujata S. Gibson , The Gibson Law Firm, PLLC, 407 N. Cayuga Street, Suite 201, Ithaca, NY 14850, Michael Sussman , Sussman & Associates, 1 Railroad Ave, Suite 3, P.O. Box 1005, Goshen, NY 10924.

For Defendants New York State Department of Health, Zucker, and Rausch-Phung: Letitia James , Attorney General of the State of New York, Michael G. McCartin , Assistant Attorney General, Andrew W. Koster , Assistant Attorney General, The Capitol, Albany, New York 12224.

For Defendants Albany City School District, Adams, Paolino; Three Village Central School District, Pedisich, Keane; South Huntington Central School District, Bennardo; and Ithaca City School District, Brown and Eschbach: Gregg T. Johnson , Loraine C. Jelinek , Johnson & Laws, LLC, 646 Plank Road, Suite 205, Clifton Park, NY 12065, Adam I. Kleinberg , Chelsea Weisbord , Sokoloff Stern LLP, 179 Westbury Ave., Carle Place, NY 11514.

For Defendants Coxsackie-Athens School District, Squier, Mercer; Penfield Central School District, Putnam; Lansing Central School District, Pettograsso, Rebera, and Whiteman: James G. Ryan , Roxanne L. Tashjian , Cullen and Dykman LLP, 100 Quentin Roosevelt Boulevard, Garden City, NY 11530.

For Defendant Br. David Anthony Migliorino: Joseph Kim , Elaine Nancy Chou , Meishin Riccardulli , Biedermann Hoenig Semprevivo a Professional Corporation, One Grand Central Place, 60 East 42nd Street, 36th Floor, New York, NY 10165.


MEMORANDUM-DECISION AND ORDER

I. INTRODUCTION

Plaintiffs, seven families on behalf of their minor children who are "medically fragile" with impairments in the functioning of their immune systems, and the Children's Health Defense ("CHD"), filed this proposed class action challenging...

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