Absolut Care of Allegany, LLC et al v. Anderson Alexander PLLC
| New York Eastern District Court | |
| Judge: | Eric R Komitee |
| Referred: | James R Cho |
| Case #: | 1:25-cv-02473 |
| Nature of Suit | 320 Torts - Personal Injury - Assault, Libel, & Slander |
| Cause | 28:1332 Diversity-Injunctive & Declaratory Relief |
| Case Filed: | May 05, 2025 |
| Last checked: Wednesday May 14, 2025 7:01 AM EDT |
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Defendant
Anderson Alexander PLLC
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Represented By
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Plaintiff
Absolut Care of Westfield, LLC
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Plaintiff
Absolut Care of Gasport, LLC
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Plaintiff
Absolut Care of Three Rivers, LLC
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Plaintiff
Absolut Care of Aurora Park, LLC
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Plaintiff
Absolut Care of Allegany, LLC
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Plaintiff
Taconic Rehabilitation and Nursing At Hopewell, LLC
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Plaintiff
Taconic Rehabilitation & Nursing at Ulster, LLC
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Plaintiff
Taconic Rehabilitation & Nursing At Beacon, LLC
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Plaintiff
Susquehanna Nursing & Rehabilitation Center, LLC
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Plaintiff
Sunset Nursing & Rehabilitation Center, Inc.
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Plaintiff
Seneca Health Care Center, LLC
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Plaintiff
Roscoe Rehabilitation And Nursing Center, LLC
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Plaintiff
Orchard Brooke Assisted Living Center, LLC
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Plaintiff
North Gate Health Care Facility, LLC
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Plaintiff
Harris Hill Nursing Facility, LLC
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Plaintiff
Golden Days Adult Day Health Care, LLC
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Plaintiff
Garden Gate Health Care Facility, LLC
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Plaintiff
Chautauqua Nursing & Rehabilitation Center, LLC
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Plaintiff
Brookhaven Health Care Facility, LLC
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Plaintiff
Autumn View Health Care Facility, LLC
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| Docket last updated: 77 minutes ago |
| Thursday, May 15, 2025 | ||
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order
Order(Other)
Thu 05/15 3:23 PM
ORDER: In a letter to the Court10 , the defendant submits that this action is now moot. The defendant also requests until May 21 to file any responsive briefing. The request for a deadline extension is granted. The defendant should file a response no later than May 21. The plaintiff's deadline for a reply is correspondingly extended to May 26. The plaintiff's reply should address, along with any other issues the plaintiff considers relevant, the defendant's contention that the motion for a preliminary injunction is moot. Ordered by Judge Eric R. Komitee on 5/15/2025. (CAM) |
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| Tuesday, May 13, 2025 | ||
| 10 | 10
misc
Letter
Tue 05/13 6:35 PM
Letter Regarding May 6, 2025 Order by Anderson Alexander PLLC (Huot, Innessa) |
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| 9 | 9
notice
Notice of Appearance
Tue 05/13 6:30 PM
NOTICE of Appearance by Innessa Melamed Huot on behalf of Anderson Alexander PLLC (aty to be noticed) (Huot, Innessa) |
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| Thursday, May 08, 2025 | ||
| 8 | 8
service
Certificate of Service
Thu 05/08 9:27 AM
CERTIFICATE OF SERVICE by Absolut Care of Allegany, LLC, Absolut Care of Aurora Park, LLC, Absolut Care of Gasport, LLC, Absolut Care of Three Rivers, LLC, Absolut Care of Westfield, LLC, Autumn View Health Care Facility, LLC, Brookhaven Health Care Facility, LLC, Chautauqua Nursing & Rehabilitation Center, LLC, Garden Gate Health Care Facility, LLC, Golden Days Adult Day Health Care, LLC, Harris Hill Nursing Facility, LLC, North Gate Health Care Facility, LLC, Orchard Brooke Assisted Living Center, LLC, Roscoe Rehabilitation And Nursing Center, LLC, Seneca Health Care Center, LLC, Sunset Nursing & Rehabilitation Center, Inc., Susquehanna Nursing & Rehabilitation Center, LLC, Taconic Rehabilitation & Nursing At Beacon, LLC, Taconic Rehabilitation & Nursing at Ulster, LLC, Taconic Rehabilitation and Nursing At Hopewell, LLC (Morrissey, Sarah) |
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| Tuesday, May 06, 2025 | ||
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order
Order on Motion for TRO
Tue 05/06 5:02 PM
ORDER denying2 Motion for Temporary Restraining Order and deferring ruling on2 Motion for Preliminary Injunction. The plaintiffs filed a motion for a temporary restraining order and a preliminary injunction, invoking Federal Rule of Civil Procedure 65(b). The plaintiff asks the Court to "enjoin Defendant from (a) making or disseminating false and defamatory statements about Plaintiffs; (b) publishing or disseminating misleading advertisements targeted at Plaintiffs' current or former employees without a good faith factual basis; and (c) granting such other and further relief as this Court deems just and proper." (ECF No. 2-1 at 5.) A temporary restraining order is not available to the plaintiffs. District courts may grant temporary restraining orders when the plaintiff shows "(a) irreparable harm and (b) either (1) likelihood of success on the merits or (2) sufficiently serious questions going to the merits to make them a fair ground for litigation and a balance of hardships tipping decidedly toward the party requesting the preliminary relief." Citigroup Glob. Mkts., Inc. v. VCG Special Opportunities Master Fund Ltd. , 598 F.3d 30, 35 (2d Cir. 2010). The plaintiffs allege that the defendant is "targeting current and former employees . . . with misleading Facebook ads suggesting eligibility for unpaid wage claims without any factual basis." (ECF No. 2-1 at 5.) They claim that these ads have "caused significant reputational damage . . . in just a few days" because "referral sources and vendors have raised concerns about the alleged non-compliance with labor laws." ( Id. at 8.) Because the plaintiffs' business "depends on referrals," they estimate that "continued disruption from the . . . misleading campaign could result in monetary damages of at least $250,000." ( Id. ) The plaintiffs have not shown irreparable harm. The plaintiffs submit an affidavit from the company's chief strategy officer, in which he maintains that the defendant's conduct has "caused reputational harm, disrupted referral relationships, undermined employee morale, and threaten[ed] to cause further irreparable harm unless Defendant is immediately and permanently enjoined." (ECF No. 2-2 10.) In support of this contention, the affiant states that he and his employees "have heard from several important business connections including several of [their] referral sources." ( Id. 11.) This is not a sufficient evidentiary showing. Wright & Miller, Temporary Restraining Orders--Procedure, 11A Fed. Prac. & Proc. Civ. § 2952 (3d ed.) ("[T]he evidentiary quality of the affidavit must be sufficient to convince a court that there is immediate and great danger of irreparable injury that necessitates the temporary dispensing of some of the trappings of due process."). In addition, these sorts of "conclusory statements of loss of reputation will not justify an irreparable harm finding." Home It, Inc. v. Wupin Wen , No. 19-CV-7070, 2019 WL 7168370, at *2 (E.D.N.Y. Dec. 23, 2019) (internal citation omitted); see id. (collecting cases); GPA Inc. v. Liggett Grp., Inc. , 862 F. Supp. 1062, 1068 (S.D.N.Y. 1994) (finding that affidavits which only "reflect concern, apprehension and the need for assurances" but did not allege that "customers will not do business . . . in the future" were insufficient to "reflect a loss of goodwill or business destruction sufficient to support a finding of likelihood of irreparable injury"). Moreover, to establish irreparable harm, the plaintiffs must show "that such injury is not capable of being fully remedied by money damages." Basank v. Decker , 449 F. Supp. 3d 205, 210 (S.D.N.Y. 2020) (quoting NAACP v. Town of E. Haven , 70 F.3d 219, 224 (2d Cir. 1995); see also Kamerling v. Massanari , 295 F.3d 206, 214 (2d Cir. 2002) ("To establish irreparable harm, a party ... must show that there is a continuing harm which cannot be adequately redressed by final relief on the merits and for which money damages cannot provide adequate compensation." (citation and internal quotations omitted)); Tom Doherty Assocs., Inc. v. Saban Ent., Inc. , 60 F.3d 27, 38 (2d Cir. 1995) ("These cases stand for the general proposition that irreparable harm exists only where there is a threatened imminent loss that will be very difficult to quantify at trial."). In this case, the plaintiffs have quantified their damages, estimating that they will suffer $250,000 in losses. Because the plaintiffs have not shown irreparable harm, the Court does not address whether the plaintiffs are likely to succeed on the merits. As for the plaintiff's request for a preliminary injunction, the undersigned defers decision on that motion until the defendant has had a chance to respond. The plaintiffs are directed to serve a copy of this Order by overnight mail and first-class mail to the defendant and file proof of service on the docket by May 8, 2025. The defendant will file its response to the plaintiffs' motion for a preliminary injunction by May 14, 2025. The plaintiffs will file their reply, if any, by May 21, 2025. A hearing will take place before Judge Komitee on May 28, 2025, at 11:00 a.m., in Courtroom 6G North. Ordered by Judge Ann M. Donnelly on 5/6/2025. (CE) |
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| Monday, May 05, 2025 | ||
| 7 | 7
misc
Corporate Disclosure Statement
Mon 05/05 2:47 PM
Corporate Disclosure Statement by Absolut Care of Allegany, LLC, Absolut Care of Aurora Park, LLC, Absolut Care of Gasport, LLC, Absolut Care of Three Rivers, LLC, Absolut Care of Westfield, LLC, Autumn View Health Care Facility, LLC, Brookhaven Health Care Facility, LLC, Chautauqua Nursing & Rehabilitation Center, LLC, Garden Gate Health Care Facility, LLC, Golden Days Adult Day Health Care, LLC, Harris Hill Nursing Facility, LLC, North Gate Health Care Facility, LLC, Orchard Brooke Assisted Living Center, LLC, Roscoe Rehabilitation And Nursing Center, LLC, Seneca Health Care Center, LLC, Sunset Nursing & Rehabilitation Center, Inc., Susquehanna Nursing & Rehabilitation Center, LLC, Taconic Rehabilitation & Nursing At Beacon, LLC, Taconic Rehabilitation & Nursing at Ulster, LLC, Taconic Rehabilitation and Nursing At Hopewell, LLC (Fryman, David) |
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| 6 | 6
notice
Notice of Appearance
Mon 05/05 12:00 PM
NOTICE of Appearance by Sarah Morrissey on behalf of All Plaintiffs (aty to be noticed) (Morrissey, Sarah) |
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| 5 | 5
misc
Quality Control Check - Attorney Case Opening
Mon 05/05 11:24 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
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| 4 | 4
service
Summons Issued
Mon 05/05 11:24 AM
Summons Issued as to Anderson Alexander PLLC. (CV) |
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| 3 | 3
misc
Clerks Notice of Rule 73
Mon 05/05 11:21 AM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (CV) |
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| 2 | 2
motion
Show Cause Temporary Restraining Order Preliminary Injunction Permanent Injunction
Mon 05/05 10:53 AM
Emergency MOTION for Order to Show Cause against Anderson Alexander PLLC , Emergency MOTION for Temporary Restraining Order against Anderson Alexander PLLC , Emergency MOTION for Preliminary Injunction against Anderson Alexander PLLC , MOTION for Permanent Injunction against Anderson Alexander PLLC by Absolut Care Of Allegany, LLC, Absolut Care Of Aurora Park, LLC, Absolut Care Of Three Rivers, LLC, Absolut Care Of Westfield, LLC, Absolut Care of Gasport, LLC, Autumn View Health Care Facility, LLC, Brookhaven Health Care Facility, LLC, Chautauqua Nursing & Rehabilitation Center, LLC, Garden Gate Health Care Facility, LLC, Golden Days Adult Day Health Care, LLC, Harris Hill Nursing Facility, LLC, North Gate Health Care Facility, LLC, Orchard Brooke Assisted Living Center, LLC, Roscoe Rehabilitation And Nursing Center, LLC, Seneca Health Care Center, LLC, Sunset Nursing & Rehabilitation Center, Inc., Susquehanna Nursing & Rehabilitation Center, LLC, Taconic Rehabilitation & Nursing At Beacon, LLC, Taconic Rehabilitation & Nursing at Ulster, LLC, Taconic Rehabilitation and Nursing At Hopewell, LLC. (Fryman, David) |
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Att: 1
Memorandum in Support Memorandum in Support of TRO and Injunctive Relief,
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Att: 2
Affidavit in Support Affirmation of Edward Farbenblum in Support of TRO and Injunctive Relief,
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Att: 3
Exhibit Exhibit A to Farbenblum Aff- False and Misleading Advertisements,
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Att: 4
Affidavit in Support Affirmation of David J. Fryman, Esq. in Support of TRO and Injunctive Relief,
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Att: 5
Exhibit Exhibit A to Fryman Aff- Cease and Desist Letter,
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Att: 6
Exhibit Exhibit B to Fryman Aff- Notice Letter
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| 1 | 1
cmp
Complaint
Mon 05/05 10:36 AM
COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-19015727 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Harris Hill Nursing Facility, LLC, Brookhaven Health Care Facility, LLC, Susquehanna Nursing & Rehabilitation Center, LLC, Absolut Care Of Aurora Park, LLC, Absolut Care Of Allegany, LLC, Taconic Rehabilitation & Nursing At Beacon, LLC, Sunset Nursing & Rehabilitation Center, Inc., Orchard Brooke Assisted Living Center, LLC, Autumn View Health Care Facility, LLC, Absolut Care of Gasport, LLC, Garden Gate Health Care Facility, LLC, North Gate Health Care Facility, LLC, Taconic Rehabilitation & Nursing at Ulster, LLC, Roscoe Rehabilitation And Nursing Center, LLC, Seneca Health Care Center, LLC, Chautauqua Nursing & Rehabilitation Center, LLC, Absolut Care Of Three Rivers, LLC, Taconic Rehabilitation and Nursing At Hopewell, LLC, Golden Days Adult Day Health Care, LLC, Absolut Care Of Westfield, LLC. (Fryman, David) |
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Att: 1
Civil Cover Sheet Civil Cover Sheet,
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Att: 2
Proposed Summons Proposed Summons
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utility
Incorrect Case-Document Information
Mon 05/05 10:21 AM
Please file the Complaint, Civil Cover Sheet, Proposed Summons and pay the Civil Filing Fee for the following case so that it may be processed. Initial Case Opening Documents Should be Filed at The Time a Case Number is generated (CV) |
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utility
Case Assigned/Reassigned
Mon 05/05 11:21 AM
Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge James R. Cho. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CV) |
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order
Order Reassigning Case
Mon 05/05 2:13 PM
ORDER REASSIGNING CASE. Case reassigned to Judge Eric R. Komitee for all further proceedings. Judge Eric N. Vitaliano no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 5/5/2025. (CV) |
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