We filed our “Isolation and Quarantine” lawsuit against the Governor and the Department Of Health (“DOH”) in NYS Supreme Court back in early April, and we asked the Court for an expedited schedule. On April 6th, the Court granted our request! The Court ordered the Governor/DOH to answer our lawsuit by April 12th, but instead of filing an answer, the Governor/DOH removed our case to federal court, claiming that our case was about federal law and federal issues. Nothing could be further from the truth, as our case is clearly one about NYS law and separation of powers!
This was a stall tactic.
By removing our case to federal court, the Governor/DOH figured it would take us weeks, if not months, of motion practice, hearings, etc. to try to get back to state court.
But their stall tactic did not work!
We made a very strong argument in federal court, we requested an expedited schedule, and the federal judge granted our request to expedite our motion practice and our oral arguments. We made a motion to amend and remand our case back to state court, and on April 19th, we argued the motion in federal court and WE WON!
The federal judge remanded our case back to state court, where it belongs.
This is a HUGE win for us. It shows that we are in the right, and that the Governor/DOH are playing games instead of facing us on the merits of the case. We will now battle against the Governor/DOH in state court, and we are starting off our battle with a WIN!
To get more details about our case, including up-to-date case status, or to see how you can get involved, check out ad share our lawsuit commercial here: Commercial and check out and share our lawsuit webpage: http://www.unitingnys.com/lawsuit
There are SO many ways you can help us win this lawsuit. Please get involved!
We are fighting for all New Yorkers, and in the end, we are fighting for all Americans. Our lawsuit is the first and the only lawsuit of its kind in the entire nation! Come be a part of history.