Opinion
21-CV-7863 (VEC)
10-12-2021
MICHAEL KANE, WILLIAM CASTRO, MARGARET CHU, HEATHER CLARK, STEPHANIE DI CAPUA, ROBERT GLADDING, NWAKAEGO NWAIFEJOKWU, INGRID ROMERO, TRINIDAD SMITH, AMARYLLIS RUIZ-TORO, Plaintiffs, v. BILL DE BLASIO, IN HIS OFFICIAL CAPACITY AS MAYOR OF THE CITY OF NEW YORK; DAVID CHOKSHI, IN HIS OFFICIAL CAPACITY OF HEALTH COMMISSIONER OF THE CITY OF NEW YORK; NEW YORK CITY DEPARTMENT OF EDUCATION, Defendants.
ORDER
VALERIE CAPRONI, UNITED STATES DISTRICT JUDGE
WHEREAS on October 12, 2021, the parties appeared for a hearing on Plaintiffs' application for a preliminary injunction;
IT IS HEREBY ORDERED that for the reasons stated on the record, Plaintiffs' application for a preliminary injunction is DENIED.
IT IS FURTHER ORDERED that the parties must submit supplemental briefing on the question of whether Plaintiffs have standing to bring as-applied challenges to the DOE Vaccine Mandate as applied by the Arbitration Awards. Supplemental briefing must address, at a minimum, whether, when there is no claim that the union breached its duty of fair representation, an individual employee represented by a union has standing to challenge a process dictated by an arbitrator following an arbitration proceeding to which the union and the employer were the only parties. The briefing must also address whether Plaintiffs' as-applied challenges are ripe for judicial review, including whether Plaintiffs are required to bring proceedings pursuant to Article 75 of the New York Civil Practice Law & Rules. The parties' briefs are not limited to those two topics; the Court acknowledges that there are likely additional issues that pertain to the question of whether Plaintiffs have standing to bring their as-applied challenges.
IT IS FURTHER ORDERED that Plaintiffs' supplemental brief is due no later than Tuesday, October 26, 2021, and must not exceed 25 double spaced pages; Defendants' response brief, also limited to 25 double spaced pages, is due no later than Tuesday, November 9, 2021, and Plaintiffs' reply, limited to 10 double spaced pages, is due no later than Tuesday, November 16, 2021. Following a review of the parties' papers, the Court will determine whether a hearing is necessary.
IT IS FURTHER ORDERED that Plaintiffs' counsel, Mary Holland, must file a notice of appearance on the docket by no later than Friday, October 15, 2021.
IT IS FURTHER ORDERED that all other deadlines in this case are adjourned sine die, including Defendants' time to answer, move, or otherwise respond to the Complaint. The initial pre-trial conference, currently scheduled for November 12, 2021 at 2:00 P.M. and the November 4, 2021 deadline to file joint pre-conference submissions are CANCELED.
SO ORDERED.