Sisters of Life v. Bassett

Filing 30

ORDER granting 29 JOINT LETTER MOTION to Stay (to extend stay) addressed to Judge Lorna G. Schofield from James Mirro dated 1/17/2023. Application GRANTED. The stay is extended until April 10, 2023. By April 17, 2023, the parties shall file a joint status letter. (Signed by Judge Lorna G. Schofield on 1/18/2023) (mml)

Case 1:22-cv-07529-LGS Document 30 Filed 01/18/23 Page 1 of 2

STATE OF NEW YORK
OFFICE OF THE ATTORNEY GENERAL
LETITIA JAMES

DIVISION OF STATE COUNSEL

ATTORNEY GENERAL

Writer’s Direct Dial: [phone]
[e-mail]

LITIGATION BUREAU

January 17, 2023
Application GRANTED. The stay is extended until April 10, 2023. By
April 17, 2023, the parties shall file a joint status letter.

By ECF
The Honorable Lorna G. Schofield
United States District Judge
United States District Court
Southern District of New York
500 Pearl Street
New York, New York 10007
Re:

Dated: January 18, 2023
New York, New York

Sisters of Life v. James V. McDonald, Acting Commissioner of the
New York State Department of Health, in his Official Capacity
USDC SDNY Civil Action No. 1:22-cv-07529 (LGS)

Dear Judge Schofield:
This office represents the defendant, James V. McDonald, M.D., M.P.H., Acting
Commissioner of the New York State Department of Health (hereinafter defendant or “DOH”) in
this action. Pursuant to the Court’s order, dated October 12, 2022 (the “Order”), I write on behalf
of both parties to update the Court on the status of this matter and to request an extension of the
litigation stay that the Court entered through its Order.
In its Order, the Court granted the joint request of the parties to stay this litigation for 90
days, on the terms set forth more fully in the Court’s Order and in the parties’ joint request. In the
interim period, Dr. Mary Bassett resigned as Commissioner of DOH. On January 1, 2023, Dr.
James McDonald was appointed Acting Commissioner of DOH (pursuant to Rule 25(d) of the
Federal Rules of Civil Procedure, Dr. McDonald is automatically substituted as the Defendant for
the claims originally brought as against Dr. Bassett).
The parties have continued to communicate constructively with one another and now
jointly request that the Court grant a 90-day extension of the Stay Period, leaving in place all other
terms set forth in the Order. DOH has advised that while it continues to make progress on the
implementation of the statute, it has not yet fully determined the scope or timing of any information
requests it is permitted to make under the statute. The parties have agreed that an extension of the
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Case 1:22-cv-07529-LGS Document 30 Filed 01/18/23 Page 2 of 2
The Honorable Lorna G. Schofield
January 17, 2023
Page 2 of 2

Stay Period on the same terms set forth in the Order is the most efficient course for the parties and
for the Court at this time.
For all of these reasons, the parties now jointly and respectfully request that the Court grant
a 90-day extension of the Stay Period, leaving in place all other terms set forth in the Order. Both
parties have reviewed and consented to the foregoing terms.
The parties thank the Court for its assistance in this matter.
Respectfully submitted,
/s/
James Mirro
Assistant Attorney General
cc: All Counsel (by ECF)

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