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Kalos Health, Inc. F/K/A Erieniagara Mltcp, Inc. V. Kathy Hochul In Her Capacity As The Governor Of The State Of New York, New York State Department Of Health, James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health

Case Last Refreshed: 3 months ago

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Kalos Health, Inc. F K A Erieniagara Mltcp, Inc., filed a(n) Breach of Contract - Commercial case represented by Cervini, Nicholas Michael, Culnan, Brian Mark, against James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health, Kathy Hochul In Her Capacity As The Governor Of The State Of New York, New York State Department Of Health, represented by Maguire, Daniel Ryan, in the jurisdiction of Niagara County. This case was filed in Niagara County Superior Courts with Edward Pace presiding.

Case Details for Kalos Health, Inc. F K A Erieniagara Mltcp, Inc. v. James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health , et al.

Case Number

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Judge

Edward Pace

Filing Date

September 01, 2023

Category

Commercial - Other (Breach Of Due Process)

Last Refreshed

January 24, 2024

Practice Area

Commercial

Filing Location

Niagara County, NY

Matter Type

Breach of Contract

Case Complaint Summary

This complaint is filed by Kalos Health, Inc. against Kathy Hochul, in her capacity as the Governor of the State of New York, the New York State Department of Health, and James V. McDonald, M.D., M.P.H., in his capacity as the Commissioner of Health....

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Parties for Kalos Health, Inc. F K A Erieniagara Mltcp, Inc. v. James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health , et al.

Plaintiffs

Kalos Health, Inc. F K A Erieniagara Mltcp, Inc.

Attorneys for Plaintiffs

Cervini, Nicholas Michael

Culnan, Brian Mark

Defendants

James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health

Kathy Hochul In Her Capacity As The Governor Of The State Of New York

New York State Department Of Health

Attorneys for Defendants

Maguire, Daniel Ryan

Case Documents for Kalos Health, Inc. F K A Erieniagara Mltcp, Inc. v. James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health , et al.

for Kalos Health, Inc. F/K/A Erieniagara Mltcp, Inc. V. Kathy Hochul In Her Capacity As The Governor Of The State Of New York, New York State Department Of Health, James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health

NOTICE OF MOTION (AMENDED)  (Motion #1)

Date: November 27, 2023
for Kalos Health, Inc. F/K/A Erieniagara Mltcp, Inc. V. Kathy Hochul In Her Capacity As The Governor Of The State Of New York, New York State Department Of Health, James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health

NOTICE OF MOTION  (Motion #1) *Corrected*

Date: November 08, 2023
for Kalos Health, Inc. F/K/A Erieniagara Mltcp, Inc. V. Kathy Hochul In Her Capacity As The Governor Of The State Of New York, New York State Department Of Health, James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health

MEMORANDUM OF LAW IN SUPPORT  (Motion #1)

Date: November 27, 2023
for Kalos Health, Inc. F/K/A Erieniagara Mltcp, Inc. V. Kathy Hochul In Her Capacity As The Governor Of The State Of New York, New York State Department Of Health, James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health

AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION AND IN SUPPORT OF CROSS-MOTION  (Motion #2)

Date: December 01, 2023
for Kalos Health, Inc. F/K/A Erieniagara Mltcp, Inc. V. Kathy Hochul In Her Capacity As The Governor Of The State Of New York, New York State Department Of Health, James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health

EXHIBIT(S)  - A  (Motion #2)

Date: December 01, 2023
for Kalos Health, Inc. F/K/A Erieniagara Mltcp, Inc. V. Kathy Hochul In Her Capacity As The Governor Of The State Of New York, New York State Department Of Health, James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health

AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION AND IN SUPPORT OF CROSS-MOTION  (Motion #2)

Date: December 01, 2023
for Kalos Health, Inc. F/K/A Erieniagara Mltcp, Inc. V. Kathy Hochul In Her Capacity As The Governor Of The State Of New York, New York State Department Of Health, James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health

ORDER - RESTRAINING (TEMPORARY)  (Motion #1)

Date: December 21, 2023
for Kalos Health, Inc. F/K/A Erieniagara Mltcp, Inc. V. Kathy Hochul In Her Capacity As The Governor Of The State Of New York, New York State Department Of Health, James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health

EXHIBIT(S)  - B  (Motion #2)

Date: December 01, 2023
for Kalos Health, Inc. F/K/A Erieniagara Mltcp, Inc. V. Kathy Hochul In Her Capacity As The Governor Of The State Of New York, New York State Department Of Health, James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health

EXHIBIT(S)  - E

Date: November 27, 2023
for Kalos Health, Inc. F/K/A Erieniagara Mltcp, Inc. V. Kathy Hochul In Her Capacity As The Governor Of The State Of New York, New York State Department Of Health, James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health

AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION  (Motion #1)

Date: November 08, 2023
for Kalos Health, Inc. F/K/A Erieniagara Mltcp, Inc. V. Kathy Hochul In Her Capacity As The Governor Of The State Of New York, New York State Department Of Health, James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health

AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION  (Motion #1) Affidavit of Carlo Figliomeni with Exhibits Redacted per 22 NYCRR

Date: November 08, 2023
for Kalos Health, Inc. F/K/A Erieniagara Mltcp, Inc. V. Kathy Hochul In Her Capacity As The Governor Of The State Of New York, New York State Department Of Health, James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health

EXHIBIT(S)  - C

Date: September 01, 2023
for Kalos Health, Inc. F/K/A Erieniagara Mltcp, Inc. V. Kathy Hochul In Her Capacity As The Governor Of The State Of New York, New York State Department Of Health, James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health

AFFIRMATION/AFFIDAVIT OF SERVICE

Date: September 12, 2023
for Kalos Health, Inc. F/K/A Erieniagara Mltcp, Inc. V. Kathy Hochul In Her Capacity As The Governor Of The State Of New York, New York State Department Of Health, James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health

EXHIBIT(S)  - B

Date: September 01, 2023
for Kalos Health, Inc. F/K/A Erieniagara Mltcp, Inc. V. Kathy Hochul In Her Capacity As The Governor Of The State Of New York, New York State Department Of Health, James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health

AFFIRMATION/AFFIDAVIT OF SERVICE

Date: September 12, 2023
for Kalos Health, Inc. F/K/A Erieniagara Mltcp, Inc. V. Kathy Hochul In Her Capacity As The Governor Of The State Of New York, New York State Department Of Health, James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health

EXHIBIT(S)  - D

Date: September 01, 2023
for Kalos Health, Inc. F/K/A Erieniagara Mltcp, Inc. V. Kathy Hochul In Her Capacity As The Governor Of The State Of New York, New York State Department Of Health, James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health

COMPLAINT

Date: September 01, 2023
for Kalos Health, Inc. F/K/A Erieniagara Mltcp, Inc. V. Kathy Hochul In Her Capacity As The Governor Of The State Of New York, New York State Department Of Health, James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health

EXHIBIT(S)  - A

Date: September 01, 2023
for Kalos Health, Inc. F/K/A Erieniagara Mltcp, Inc. V. Kathy Hochul In Her Capacity As The Governor Of The State Of New York, New York State Department Of Health, James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health

SUMMONS

Date: September 01, 2023

Case Events for Kalos Health, Inc. F K A Erieniagara Mltcp, Inc. v. James V. Mcdonald Md, Mph In His Capacity As The Commissioner Of Health , et al.

Date Type Description
December 21, 2023 ORDER - RESTRAINING (TEMPORARY) (Motion #1)
Order on Motions 1 and 2 and Transcript Excerpts From 12/20/2023
View Document
December 01, 2023 AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION AND IN SUPPORT OF CROSS-MOTION (Motion #2)
Affidavit of Patricia Sheppard
View Document
December 01, 2023 EXHIBIT(S) - A (Motion #2)
Managed Long Term Partial Capitation Contract
View Document
December 01, 2023 AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION AND IN SUPPORT OF CROSS-MOTION (Motion #2)
Affirmation of Daniel R. Maguire
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December 01, 2023 EXHIBIT(S) - B (Motion #2)
MLTC Policy 17.02
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November 27, 2023 NOTICE OF MOTION (AMENDED) (Motion #1)
Amended Notice of Motion
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November 27, 2023 MEMORANDUM OF LAW IN SUPPORT (Motion #1)
Supplemental Memorandum of Law in Support
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November 27, 2023 EXHIBIT(S) - E
Exhibit E to Amended Petition
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November 08, 2023 NOTICE OF MOTION (Motion #1) *Corrected*
Notice of Motion
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November 08, 2023 AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #1)
Affirmation of Brian Culnan with Exhibits
View Document
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