Case: Soos v. Cuomo

1:20-cv-00651 | U.S. District Court for the Northern District of New York

Filed Date: June 10, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 summary: On June 10, two Catholic priests and three Orthodox Jews filed this lawsuit against the city and state of New York, alleging that by allowing protests while prohibiting worship, they discriminated against people of faith and violating their constitutional rights. They sought declaratory relief, a temporary restraining order (TRO), a preliminary injunction, and a final injunction prohibiting the defendants from enforcing limitations on worship services. The court denied the TRO…

COVID-19 summary: On June 10, two Catholic priests and three Orthodox Jews filed this lawsuit against the city and state of New York, alleging that by allowing protests while prohibiting worship, they discriminated against people of faith and violating their constitutional rights. They sought declaratory relief, a temporary restraining order (TRO), a preliminary injunction, and a final injunction prohibiting the defendants from enforcing limitations on worship services. The court denied the TRO on June 11 but granted the preliminary injunction on June 26.


As part of New York’s ban on gatherings during the COVID-19 pandemic, attendance at houses of worship and outdoor religious gatherings was strictly limited. In June, state and city officials allowed mass gatherings protesting the death of George Floyd, but continued to actively enforce prohibitions against congregational worship. Two Catholic priests and three Orthodox Jews filed this lawsuit on June 10, 2020, in the U.S. District Court for the Northern District of New York, alleging that Governor Cuomo and Mayor de Blasio, by allowing protests while prohibiting worship, were discriminating against people of faith and violating their constitutional rights. Represented by the Thomas More Society, they alleged violations of the First, Fifth, and Fourteenth Amendments (under 42 U.S.C. §1983), the New York Constitution, and the New York Executive Law. They sought a declaration that the restrictions on indoor and outdoor worship were unconstitutional and were illegal under New York law; a temporary restraining order, a preliminary injunction, and a final injunction prohibiting the defendants from enforcing limitations on worship services; and attorneys’ fees and costs. The case was assigned to Senior Judge Gary L. Sharpe.

The plaintiffs’ motion for a temporary restraining order was denied on June 11 for services occurring on June 12 or 14 because there was insufficient time to make a reasoned determination given that the complaint had been filed the prior day.

On June 26, 2020, the court granted the plaintiff's motion for preliminary injunction. 2020 WL 3488742. The injunction prohibited the defendants from limiting the plaintiffs’ indoor worship beyond the limitations imposed on businesses listed in Phase 2 of New York’s reopening plan. It also prohibited any numerical limitation on attendance at the plaintiffs’ outdoor worship services. The defendants appealed the order on July 27.

The plaintiffs filed an amended complaint on October 9, 2020. The amended complaint added additional plaintiffs, and also added additional defendants including the Superintendent of the New York State Police, the New York State Commissioner of Health, and various officials in the New York City Department of Education. The amended complaint kept the claims pertaining to houses of worship and added claims seeking to enjoin the defendants from closing religious schools. The plaintiffs concurrently filed a motion for a temporary restraining order to the same effect, but it was denied due to failure to properly serve the defendants. On October 15, the plaintiffs filed another motion for a temporary restraining order.

As of October 17, 2020, the case remains ongoing. The Court is awaiting the Defendants' answer to the plaintiffs' motion for TRO before ruling on the issue.

Summary Authors

Gregory Marsh (7/10/2020)

Justin Hill (10/17/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17240342/parties/rev-steven-soos-v-cuomo/


Judge(s)

Sharpe, Gary L. (New York)

Stewart, Daniel J. (New York)

Attorneys(s) for Plaintiff

Ferrara, Christopher A. (New Jersey)

McHale, Michael (Nebraska)

Attorneys(s) for Defendant

James, Letitia (New York)

Johnson, James E. (New York)

Kerwin, Adrienne (New York)

Meltzer, Hilary M (New York)

Parodi, Ellen (New York)

Sadok, Melanie (New York)

Judge(s)

Sharpe, Gary L. (New York)

Stewart, Daniel J. (New York)

Attorneys(s) for Plaintiff

Ferrara, Christopher A. (New Jersey)

McHale, Michael (Nebraska)

Attorneys(s) for Defendant

James, Letitia (New York)

Johnson, James E. (New York)

Kerwin, Adrienne (New York)

Meltzer, Hilary M (New York)

Parodi, Ellen (New York)

Sadok, Melanie (New York)

Other Attorney(s)

Coleman, Ronald D (New Jersey)

McGuire, Kenneth J. (New York)

Oswald, Phillip A. (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 16, 2020 Docket
1

Verified Complaint for Civil Rights Violations, Injunctive Relief, and a Declaratory Judgment

June 10, 2020 Complaint
2

Plaintiff's Motion for a Temporary Restraining Order (With Notice) and a Preliminary Injunction

June 10, 2020 Pleading / Motion / Brief
7

Order to Show Cause

June 11, 2020 Order/Opinion
18

State Defendants' Memorandum of Law in Opposition to Plaintiffs' Application for Temporary Preliminary Injunctive Relief

June 15, 2020 Pleading / Motion / Brief
19, 19-7

Declaration of Ellen Parodi

June 15, 2020 Declaration/Affidavit
25

Plaintiffs' Memorandum of Law in Reply to Defendants' Memoranda Opposing Plaintiffs' Application for a Temporary Restraining Order and Preliminary Injunction

June 16, 2020 Pleading / Motion / Brief
33

Declaration

June 22, 2020 Declaration/Affidavit
31

Declaration of Ellen Parodi

June 22, 2020 Declaration/Affidavit
32

Supplemental Memorandum of Law in Support of Plaintiffs' Motion for a TRO/Preliminary Injunction

June 22, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Catholic Priests and Orthodox Jewish Congregants Sue New York Governor in Federal Court For Civil Rights Violations

Thomas More Society

New York’s Governor Andrew Cuomo, his Attorney General Letitia James, and New York City Mayor Bill de Blasio are being sued by two Catholic priests from upstate New York and a trio of Orthodox Jewish… June 10, 2020 https://www.thomasmoresociety.org/catholic-priests-and-orthodox-jewish-congregants-sue-new-york-governor-in-federal-court-for-civil-rights-violations/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17240342/rev-steven-soos-v-cuomo/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Andrew M. Cuomo, Letitia James, and Bill De Blasio, (Filing fee $400 receipt number BNYNDC-5139985) filed by Rev. Steven Soos, Rev. Nicholas Stamos, Daniel Schonbrun, Elchanan Perr, and Mayer Mayerfeld. (Attachments: # 1 Exhibits A - T, # 2 Civil Cover Sheet) (kmp) (Entered: 06/11/2020)

1 Exhibits A - T

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2 Civil Cover Sheet

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June 10, 2020 PACER
2

EMERGENCY MOTION for Temporary Restraining Order filed by Rev. Steven Soos, Rev. Nicholas Stamos, Daniel Schonbrun, Elchanan Perr, and Mayer Mayerfeld. (Attachments: # 1 Unsworn Declaration of George DelGado, M.D., # 2 Declaration of Christopher Ferrara, Esq., # 3 Unsworn Declaration of Christopher Ferrara, Esq., # 4 Memorandum of Law) (kmp) (Entered: 06/11/2020)

1 Unsworn Declaration of George DelGado, M.D.

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2 Declaration of Christopher Ferrara, Esq.

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3 Unsworn Declaration of Christopher Ferrara, Esq.

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4 Memorandum of Law

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June 10, 2020 PACER
3

SUMMONS ISSUED as to Andrew M. Cuomo (Attachments: # 1 Summons Issued for Letitia James, # 2 Summons Issued for Bill De Blasio) (kmp) (Entered: 06/11/2020)

1 Summons Issued for Letitia James

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2 Summons Issued for Bill De Blasio

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June 10, 2020 PACER
4

G.O. 25 FILING ORDER ISSUED: Initial In Person Rule 16 Conference set for 9/9/2020 at 9:30 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/2/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (kmp) (Entered: 06/11/2020)

June 10, 2020 PACER
5

NOTICE of Admission Requirement as to Party Plaintiffs'; Attorney Michael G. McHale, Email address is mmchale@thomasmoresociety.org. Phone number is 402-501-8586. Admissions due by 6/25/2020. {Copy of Notice of Admission Requirement and General Order #25 emailed to Attorney McHale on 6/11/2020}. (kmp) (Entered: 06/11/2020)

June 11, 2020 PACER
6

TEXT ONLY ORDER - Pending is plaintiffs' application for a temporary restraining order (TRO) on an expedited basis. (Dkt. No. 2.) The immediacy of plaintiffs' application is apparent because they seek a TRO "restraining Defendants, their agents, employees, and those acting in concert with them from enforcing the Governor's Orders in a manner infringing on Plaintiffs' religious services," which would be effective for the upcoming Sabbath at sundown June 12, 2020, and for Mass on June 14, 2020. (Dkt. No. 2 ¶ 11(a).) The application does not conform with Local Rule 7.1(e), which specifies the order to show cause procedure in this District. Plaintiffs shall remedy their failure to conform with the Local Rules of Practice by 3:00 P.M. today, June 11, 2020. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 6/11/2020. (jel, ) (Entered: 06/11/2020)

June 11, 2020 PACER
7

MOTION for Temporary Restraining Order by Mayer Mayerfeld, Elchanan Perr, Rev. Nicholas Stamos, Rev. Steven Soos, Daniel Schonbrun. (Attachments: # 1 Declaration In support of OTSC under Rule 7.1(e))(Ferrara, Christopher) (Entered: 06/11/2020)

1 Declaration In support of OTSC under Rule 7.1(e)

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June 11, 2020 RECAP
8

TEXT ONLY ORDER - Pending is plaintiffs' application for a temporary restraining order (TRO), or, in the alternative, preliminary injunction, brought by order to show cause. (Dkt. Nos. 2, 7.) Plaintiffs seek a TRO "restraining Defendants, their agents, employees, and those acting in concert with them from enforcing the Governors Orders in a manner infringing on Plaintiffs' religious services," which would be effective for the upcoming Sabbath at sundown on June 12, 2020, and for Mass on June 14, 2020. (Dkt. No. 2 11(a).) The motion is DENIED to the extent it seeks a TRO that would apply to religious services on June 12 or 14 because insufficient time exists to make a reasoned determination with input from defendants before that time, particularly in light of the current circumstances, related to COVID-19, under which all parties and the court are operating. Defendants shall file a response to plaintiffs' motion by June 15, 2020 at 12:00 P.M. Plaintiffs may file a reply by June 16, 2020 at 12:00 P.M. A return on the motion is scheduled for June 17, 2020 at 1:00 P.M. via Skype for Business. The court's deputy clerk will contact the parties with details pertaining to the use of Skype. Plaintiffs shall serve this Text Only Order on defendants immediately by both email and overnight mail. Plaintiffs shall file proof of service with the court immediately following service as prescribed herein. Counsel for defendants shall file a notice of appearance as soon as is practicable upon receipt of this Text Only Order. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 6/11/2020. (jel, ) (Entered: 06/11/2020)

June 11, 2020 PACER
9

CERTIFICATE OF SERVICE by Mayer Mayerfeld, Elchanan Perr, Rev. Nicholas Stamos, Rev. Steven Soos, Daniel Schonbrun re 8 Order Setting Hearing on Motion,,,,,, Service by email with certificate for service by overnight mail to follow (Ferrara, Christopher) (Entered: 06/11/2020)

June 11, 2020 PACER
10

NOTICE of Appearance by Adrienne J. Kerwin on behalf of Andrew M. Cuomo, Letitia James (Kerwin, Adrienne) (Entered: 06/11/2020)

June 11, 2020 PACER
11

CERTIFICATE OF SERVICE by Mayer Mayerfeld, Elchanan Perr, Rev. Nicholas Stamos, Rev. Steven Soos, Daniel Schonbrun re 7 MOTION for Temporary Restraining Order, 8 Order Setting Hearing on Motion,,,,,, Certificate of Service by Overnight Mail (Ferrara, Christopher) (Entered: 06/11/2020)

June 11, 2020 PACER

Order

June 11, 2020 PACER

Order Setting Hearing on Motion

June 11, 2020 PACER
12

MOTION for Limited Admission Pro Hac Vice of Melanie V. Sadok Filing fee $100, receipt number ANYNDC-5143181. filed by Bill De Blasio. (Attachments: # 1 Exhibit(s) Declaration supporting motion, # 2 Exhibit(s) Registration, # 3 Exhibit(s) Petition, # 4 Exhibit(s) Certificate of good standing) Motions referred to Daniel J. Stewart. (Meltzer, Hilary) (Entered: 06/15/2020)

1 Exhibit(s) Declaration supporting motion

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2 Exhibit(s) Registration

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3 Exhibit(s) Petition

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4 Exhibit(s) Certificate of good standing

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June 15, 2020 PACER
13

MOTION for Limited Admission Pro Hac Vice of Ellen Margaret Parodi Filing fee $100, receipt number ANYNDC-5143189. filed by Bill De Blasio. (Attachments: # 1 Exhibit(s) Declaration of sponsor, # 2 Exhibit(s) Registration, # 3 Exhibit(s) Petition, # 4 Exhibit(s) Certificate of good standing) Motions referred to Daniel J. Stewart. (Meltzer, Hilary) (Entered: 06/15/2020)

1 Exhibit(s) Declaration of sponsor

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2 Exhibit(s) Registration

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3 Exhibit(s) Petition

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4 Exhibit(s) Certificate of good standing

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June 15, 2020 PACER

Notice of Filing Deficiency re: 12 Motion for Limited Admission Pro Hac Vice of Melanie V. Sadok. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Completed Declaration of Sponsor, signed and dated New Attorney E-Filing Registration Form. The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, )

June 15, 2020 PACER

Notice of Filing Deficiency re: 13 Motion for Limited Admission Pro Hac Vice Ellen Parodi. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Completed Declaration of Sponsor The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, )

June 15, 2020 PACER
14

Supplemental Admission documents re: 13 Motion for Limited Admission Pro Hac Vice,. (Meltzer, Hilary) (Entered: 06/15/2020)

June 15, 2020 PACER
15

Supplemental Admission documents re: 12 Motion for Limited Admission Pro Hac Vice,. (Meltzer, Hilary) (Entered: 06/15/2020)

June 15, 2020 PACER
16

Supplemental Admission documents re: 12 Motion for Limited Admission Pro Hac Vice,. (Meltzer, Hilary) (Entered: 06/15/2020)

June 15, 2020 PACER
17

RESPONSE in Opposition re 7 MOTION for Temporary Restraining Order Declaration of Adrienne J. Kerwin with exhibits filed by Andrew M. Cuomo, Letitia James. (Attachments: # 1 Exhibit(s) 0-40 to Kerwin Decl.)(Kerwin, Adrienne) (Entered: 06/15/2020)

1 Exhibit(s) 0-40 to Kerwin Decl.

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June 15, 2020 PACER
18

RESPONSE in Opposition re 7 MOTION for Temporary Restraining Order Memorandum of Law filed by Andrew M. Cuomo, Letitia James. (Kerwin, Adrienne) (Entered: 06/15/2020)

June 15, 2020 RECAP
19

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order, 7 MOTION for Temporary Restraining Order filed by Bill De Blasio. (Attachments: # 1 Exhibit(s) 1 to Declaration of Ellen Parodi, # 2 Exhibit(s) 2 to Declaration of Ellen Parodi, # 3 Exhibit(s) 3 to Declaration of Ellen Parodi, # 4 Exhibit(s) 4 to Declaration of Ellen Parodi, # 5 Exhibit(s) 5 to Declaration of Ellen Parodi, # 6 Exhibit(s) 6 to Declaration of Ellen Parodi, # 7 Memorandum of Law in opposition to PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION)(jel, ) (Entered: 06/15/2020)

1 Exhibit(s) 1 to Declaration of Ellen Parodi

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2 Exhibit(s) 2 to Declaration of Ellen Parodi

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3 Exhibit(s) 3 to Declaration of Ellen Parodi

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4 Exhibit(s) 4 to Declaration of Ellen Parodi

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5 Exhibit(s) 5 to Declaration of Ellen Parodi

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6 Exhibit(s) 6 to Declaration of Ellen Parodi

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7 Memorandum of Law in opposition to PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING

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June 15, 2020 PACER
20

RESPONSE in Opposition re 7 MOTION for Temporary Restraining Order Declaration of Brad Hutton with Exhibits filed by Andrew M. Cuomo, Letitia James. (Attachments: # 1 Exhibit(s) A-BB to Hutton Decl.)(Kerwin, Adrienne) (Entered: 06/15/2020)

1 Exhibit(s) A-BB to Hutton Decl.

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June 15, 2020 PACER
21

TEXT ORDER granting 12 Motion for Limited Admission Pro Hac Vice. Attorney Melanie V. Sadok is hereby admitted to practice in this action on behalf of Defendant Bill De Blasio. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 6/15/2020. (mab) (Entered: 06/15/2020)

June 15, 2020 PACER
22

TEXT ORDER granting 13 Motion for Limited Admission Pro Hac Vice. Attorney Ellen M. Parodi is hereby admitted to practice in this action on behalf of Defendant Bill De Blasio. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 6/15/2020. (mab) (Entered: 06/15/2020)

June 15, 2020 PACER
23

NOTICE of Appearance by Ellen Parodi on behalf of Bill De Blasio (Parodi, Ellen) (Entered: 06/15/2020)

June 15, 2020 PACER
24

NOTICE of Appearance by Melanie Sadok on behalf of Bill De Blasio (Sadok, Melanie) (Entered: 06/15/2020)

June 15, 2020 PACER

Order on Motion for Limited Admission Pro Hac Vice

June 15, 2020 PACER
25

MEMORANDUM OF LAW re 7 Motion for TRO Reply Memorandum in Support of Motion for TRO/Preliminary Injunction filed by Mayer Mayerfeld, Elchanan Perr, Rev. Nicholas Stamos, Rev. Steven Soos, Daniel Schonbrun. (Attachments: # 1 Exhibit(s) Exhibit A to Reply Memo-Transcript of Cuomo press briefing, # 2 Exhibit(s) Exhibit B to Reply Memo-Gov. Murphy Executive Order 152, # 3 Exhibit(s) Exhibit C to Reply Memo-Declaration of Plaintiff Mayerfeld)(Ferrara, Christopher) (Entered: 06/16/2020)

1 Exhibit(s) Exhibit A to Reply Memo-Transcript of Cuomo press briefing

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2 Exhibit(s) Exhibit B to Reply Memo-Gov. Murphy Executive Order 152

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3 Exhibit(s) Exhibit C to Reply Memo-Declaration of Plaintiff Mayerfeld

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June 16, 2020 RECAP
26

CERTIFICATE OF SERVICE by Mayer Mayerfeld, Elchanan Perr, Rev. Nicholas Stamos, Rev. Steven Soos, Daniel Schonbrun re 25 Memorandum of Law, Certificate of Service for Reply Memo of Law and Exhibits (Ferrara, Christopher) (Entered: 06/16/2020)

June 16, 2020 PACER
27

Amicus Curiae APPEARANCE entered by Ronald D Coleman on behalf of Ahuva Kleinman. (Attachments: # 1 Memorandum of Law Proposed Amicus Brief, # 2 Declaration of Prospective Amicus)(Coleman, Ronald) (Entered: 06/16/2020)

1 Memorandum of Law Proposed Amicus Brief

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2 Declaration of Prospective Amicus

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June 16, 2020 PACER
28

NOTICE of Appearance by Michael McHale on behalf of All Plaintiffs (McHale, Michael) (Entered: 06/17/2020)

June 17, 2020 RECAP

Text Only Minute Entry for proceedings held before Senior Judge Gary L. Sharpe: CRD: John Law; Motion Hearing held on 6/17/2020 re 7 MOTION for Temporary Restraining Order and 2 MOTION for Temporary Restraining Order filed by Elchanan Perr, Daniel Schonbrun, Mayer Mayerfeld, Rev. Steven Soos, Rev. Nicholas Stamos. Appearances Made via Skype: Christopher Ferrara and Michael McHale, Esqs., for plaintiff, Adrienne Kerwin, AAG, for the State defendants, Melanie Sadok and Ellen Parodi, Esqs., for defendant DiBlasio. Court turns to Supreme Court admonition. Court has reviewed all papers. Court turns to facts of the case. Court hears arguments from all parties. Court gives parties until the close of business Monday, June 22, 2020 supplement factual record and brief legal arguments no more than 10 pages in length. Court will render decision shortly thereafter. Parties clarify phase 3 issue as not from executive order but as guidance. (Court Reporter Lisa Tennyson) Time: 1:00-2:10 p.m. (jel, )

June 17, 2020 PACER
29

TRANSCRIPT REQUEST by Andrew M. Cuomo, Letitia James for proceedings held on 6/17/2020 before Judge Sharpe.. (Kerwin, Adrienne) (Entered: 06/17/2020)

June 17, 2020 RECAP
30

TRANSCRIPT REQUEST by Bill De Blasio for proceedings held on June 17, 2020 before Judge Sharpe.. (Parodi, Ellen) (Entered: 06/17/2020)

June 17, 2020 RECAP
31

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order, 7 MOTION for Temporary Restraining Order filed by Bill De Blasio. (Attachments: # 1 Exhibit(s) Parodi Dec. Exhibit 1, # 2 Exhibit(s) Parodi Dec. Exhibit 2, # 3 Exhibit(s) Parodi Dec. Exhibit 3, # 4 Exhibit(s) Parodi Dec. Exhibit 4, # 5 Exhibit(s) Parodi Dec. Exhibit 5, # 6 Memorandum of Law)(Parodi, Ellen) (Entered: 06/22/2020)

1 Exhibit(s) Parodi Dec. Exhibit 1

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2 Exhibit(s) Parodi Dec. Exhibit 2

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3 Exhibit(s) Parodi Dec. Exhibit 3

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4 Exhibit(s) Parodi Dec. Exhibit 4

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5 Exhibit(s) Parodi Dec. Exhibit 5

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6 Memorandum of Law

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June 22, 2020 PACER
32

MEMORANDUM OF LAW re 7 Motion for TRO Supplemental Memo of Law in Support of Plaintiffs' Motion for TRO/Preliminary Injunction filed by Ahuva Kleinman, Mayer Mayerfeld, Elchanan Perr, Rev. Nicholas Stamos, Rev. Steven Soos. (Attachments: # 1 Exhibit(s) A - Declaration of Dr. Onder, # 2 Exhibit(s) B - Declaration of Prof. John Rao, # 3 Exhibit(s) C- EO 125 of Mayor de Blasio, # 4 Exhibit(s) D - Statements of Defendants in Support of Demonstrations, # 5 Exhibit(s) E - Spread Sheet of "Open Lobbies", # 6 Exhibit(s) F - Restaurants Open in Phase 3, # 7 Exhibit(s) G - Graphic showing limitation of religious gatherings to 25%)(Ferrara, Christopher) (Entered: 06/22/2020)

1 Exhibit(s) A - Declaration of Dr. Onder

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2 Exhibit(s) B - Declaration of Prof. John Rao

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3 Exhibit(s) C- EO 125 of Mayor de Blasio

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4 Exhibit(s) D - Statements of Defendants in Support of Demonstrations

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5 Exhibit(s) E - Spread Sheet of "Open Lobbies"

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6 Exhibit(s) F - Restaurants Open in Phase 3

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7 Exhibit(s) G - Graphic showing limitation of religious gatherings to 25%

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June 22, 2020 PACER
33

RESPONSE in Opposition re 7 MOTION for Temporary Restraining Order filed by Andrew M. Cuomo, Letitia James. (Attachments: # 1 Exhibit(s) to Kerwin Decl., # 2 Declaration of Brad Hutton, # 3 Exhibit(s) to Hutton Decl., # 4 Memorandum of Law)(Kerwin, Adrienne) (Entered: 06/22/2020)

1 Exhibit(s) to Kerwin Decl.

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2 Declaration of Brad Hutton

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3 Exhibit(s) to Hutton Decl.

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4 Memorandum of Law

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June 22, 2020 PACER
34

REPLY to Response to Motion re 7 MOTION for Temporary Restraining Order, 2 MOTION for Temporary Restraining Order -- Proposed Submission filed by Ahuva Kleinman. (Attachments: # 1 Exhibit(s) NYS Guidelines for Religious and Funeral Services)(Coleman, Ronald) (Entered: 06/25/2020)

1 Exhibit(s) NYS Guidelines for Religious and Funeral Services

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June 25, 2020 PACER
35

MEMORANDUM-DECISION AND ORDER - That plaintiffs' application for a preliminary injunction (Dkt. Nos. 2,7) is GRANTED. That defendants are ENJOINED and RESTRAINED as follows: (1) from enforcing any indoor gathering limitations against plaintiffs greater than imposed for Phase 2 industries, provided that plaintiffs follow social distancing requirements as set forth in the applicable executive orders and guidance; and (2) from enforcing any limitation for outdoor gatherings provided that participants in such gatherings follow social distancing requirements as set forth in the applicable executive orders and guidance. That Kleinman's motion for leave to appear as amicus curiae (Dkt. No. 27) is DENIED. Signed by Senior Judge Gary L. Sharpe on 6/26/2020. (jel, ) (Entered: 06/26/2020)

June 26, 2020 RECAP
36

TRANSCRIPT of Proceedings: Motion Hearing held on June 17, 2020, before Judge Gary L. Sharpe, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/20/2020. Redacted Transcript Deadline set for 7/30/2020. Release of Transcript Restriction set for 9/28/2020. Notice of Intent to Redact due by 7/6/2020 (lt, ) (Entered: 06/29/2020)

June 29, 2020 PACER
37

MOTION for Preliminary Injunction Motion Hearing set for 7/1/2020 02:00 PM in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 6/15/2020 Reply to Response to Motion due by 6/22/2020. filed by Ken McGuire LAW OFFICES OF KENNETH MCGUIRE. (McGuire, Kenneth) (Entered: 06/30/2020)

June 30, 2020 PACER
38

TEXT ONLY ORDER - Pending is an "Application for Preliminary Injunction" filed by Kenneth McGuire, an attorney admitted to practice in this court in 1994, who represents no parties to this action. (Dkt. No. 37.) It is not at all clear who or what McGuire represents. He purports to seek relief on behalf of "Auto racing facilities located and operating in the State of New York... including, but not limited to, Lebanon Valley Speedway, W. Lebanon, N.Y." (Id. at 1.) McGuire argues that the court's June 26, 2020 Memorandum-Decision and Order applies to the interests that he represents. (Id. at 2-4.) Among other things, the application is procedurally improper. It was filed by an attorney who represents undisclosed entities that are not parties to this action. It is not compliant with Rule 7.1 of the Local Rules of Practice either. Lastly, the motion is obviously without merit, and arguably frivolous. For all of these reasons, the application for a preliminary injunction (Dkt. No. 37) is DENIED. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 7/1/2020. (jel, ) (Entered: 07/01/2020)

July 1, 2020 PACER

Order on Motion for Preliminary Injunction

July 1, 2020 PACER
39

Letter Motion from Adrienne J. Kerwin for Andrew M. Cuomo, Letitia James requesting court approval of stipulated date by which to respond to the complaint, and adjournment of Rule 16 conference and associated dates submitted to Judge Stewart . (Kerwin, Adrienne) (Entered: 07/02/2020)

July 2, 2020 RECAP
40

TEXT ORDER granting the joint 39 Letter Request to extend the time in which all Defendants are to file a response to the Complaint in this matter and to reschedule the Rule 16 Initial Conference and corresponding deadlines. Defendants shall file a response to the Complaint on or before September 15, 2020. The Rule 16 Initial Conference is RESCHEDULED to September 30, 2020 at 10:00 AM before the undersigned. Counsel are directed to file a proposed Civil Case Management Plan and exchange Mandatory Disclosures on or before September 23, 2020. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by Magistrate Judge Daniel J. Stewart on 7/7/2020. (mab) (Entered: 07/07/2020)

July 7, 2020 PACER

Order on Letter Request

July 7, 2020 PACER
41

PETITION TO INTERVENE AS A PLAINTIFF OF INTERVENOR filed by Christopher Earl Strunk. (Attachments: # 1 Letter, # 2 Envelope) Motions referred to Magistrate Judge Daniel J. Stewart. (kmp) (Entered: 07/21/2020)

1 Letter

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2 Envelope

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July 20, 2020 PACER
42

TEXT ONLY ORDER --- Pending is proposed intervenor Christopher Earl Strunk's motion to intervene. (Dkt. No. 41.) The motion fails to satisfy the requirement that it "must state the grounds for intervention and be accompanied by a pleading that sets out the claim or defense for which intervention is sought." Fed. R. Civ. P. 24(c). And, in any event, it is not apparent that Strunk "has a claim or defense that shares with the main action a common question of law or fact" such that permissive intervention, the only apparent basis for intervention here, would be warranted. Fed. R. Civ. P. 24(b)(1)(B). For these reasons, the motion, (Dkt. No. 41), is DENIED. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 7/21/2020. (Copy served via regular mail upon movant)(jel, ) (Entered: 07/21/2020)

July 21, 2020 PACER

Order on Motion to Intervene

July 21, 2020 PACER
43

MOTION for Reconsideration as to the # 42 TEXT ONLY ORDER on Motion to Intervene filed by Christopher Earl Strunk. (Attachments: # 1 Envelope) (kmp) (Entered: 07/24/2020)

1 Envelope

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July 24, 2020 PACER
44

MOTION for Preliminary Injunction filed by Jenna M. DiMartile, Justin G. Crawford, Bradley M. Markowski. (Attachments: # 1 Declaration of Phillip Oswald in support, # 2 Memorandum of Law of Phillip Oswald in support, # 3 Proposed Intervener Complaint, # 4 Exhibit(s) A-J to Proposed Intervener Complaint, # 5 Declaration of Lucas James with Exhibits in support) (Oswald, Phillip) (Entered: 07/24/2020)

1 Declaration of Phillip Oswald in support

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2 Memorandum of Law of Phillip Oswald in support

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3 Proposed Intervener Complaint

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4 Exhibit(s) A-J to Proposed Intervener Complaint

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5 Declaration of Lucas James with Exhibits in support

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July 24, 2020 PACER
45

NOTICE OF APPEAL as to 35 Order on Motion for TRO,,,,,,, by Andrew M. Cuomo, Letitia James. Filing fee $ 505, receipt number ANYNDC-5185883. (Kerwin, Adrienne) (Entered: 07/27/2020)

July 27, 2020 RECAP
46

NOTICE OF APPEAL as to 35 Order on Motion for TRO,,,,,,, and Preliminary Injunction by Bill De Blasio. Filing fee $ 505, receipt number ANYNDC-5185923. (Sadok, Melanie) (Entered: 07/27/2020)

July 27, 2020 PACER
47

Emergency MOTION for Temporary Restraining Order by August N. Santore, Jr, Matt Shaw, James R. Young, Kevin J. Fritschler. (Attachments: # 1 Declaration Counsel pursuant to Local R. 7.1(c), # 2 Proposed complaint, # 3 Memorandum of Law, # 4 Declaration August N. Santore, Jr., # 5 Declaration Matt Shaw, # 6 Declaration James R. Young, # 7 Declaration Kevin J. Frischler)(Coleman, Ronald) (Entered: 07/27/2020)

1 Declaration Counsel pursuant to Local R. 7.1(c)

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2 Proposed complaint

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3 Memorandum of Law

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4 Declaration August N. Santore, Jr.

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5 Declaration Matt Shaw

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6 Declaration James R. Young

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7 Declaration Kevin J. Frischler

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July 27, 2020 PACER
48

ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals as to the # 45 Notice of Appeal and # 46 Notice of Appeal. (kmp) (Entered: 07/28/2020)

July 28, 2020 PACER
49

TEXT ONLY ORDER - Pending is proposed intervenor Christopher Earl Strunk's motion for reconsideration, (Dkt. No. 43), of the court's text only order, which denied his motion to intervene, (Dkt. No. 42). Motions for reconsideration proceed in the Northern District of New York under Local Rule 7.1(g). "In order to prevail on a motion for reconsideration, the movant must satisfy stringent requirements." In re C-TC 9th Ave. P'ship, 182 B.R. 1, 2 (N.D.N.Y. 1995). Such motions "will generally be denied unless the moving party can point to controlling decisions or data that the court overlookedmatters, in other words, that might reasonably be expected to alter the conclusion reached by the court." Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995) (citation omitted). The prevailing rule "recognizes only three possible grounds upon which motions for reconsideration may be granted; they are (1) an intervening change in controlling law, (2) the availability of new evidence not previously available, or (3) the need to correct a clear error of law or prevent manifest injustice." In re C-TC 9th Ave. P'ship, 182 B.R. at 3 (citation omitted). Strunk has completely failed to meet the stringent standard for reconsideration and his motion, (Dkt. No. 43), is, therefore, denied. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 7/28/2020. (Copy served via regular mail to Christopher Earl Strunk)(jel, ) (Entered: 07/28/2020)

July 28, 2020 PACER
50

TEXT ONLY ORDER - Pending are two motions, which seek, among other things, permissive intervention pursuant to Rule 24(b)(1) of the Federal Rules of Civil Procedure. (Dkt. Nos. 44, 47.) As that rule indicates, "[o]n timely motion, the court may permit anyone to intervene who:... has a claim or defense that shares with the main action a common question of law or fact." Fed. R. Civ. P. 24(b)(1). "In exercising its discretion, the court must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties' rights." Fed. R. Civ. P. 24(b)(3). Having carefully reviewed the submissions of both groups of proposed intervenors, (Dkt. Nos. 44, 47), the court is unpersuaded that it should exercise its great discretion. In the broadest terms, there are common questions of law or fact and the motions are likely timely, but the delay and prejudice to the parties in this matter, all of whom are represented by competent counsel capable of effectively advancing the interests of the parties they represent, that would result from permitting intervention, even if not overwhelming, requires denial of the motions. Accordingly, both motions to intervene, (Dkt. Nos. 44, 47), are DENIED; and the motions are denied in all other respects as moot. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 7/28/2020. (jel, ) (Entered: 07/28/2020)

July 28, 2020 PACER

Order on Motion for Reconsideration

July 28, 2020 PACER

Order on Motion for TRO AND Order on Motion for Preliminary Injunction

July 28, 2020 PACER
51

Letter Motion for Bill De Blasio requesting Extension of Time to Respond to Complaint and Associated Dates submitted to Judge Stewart . (Parodi, Ellen) (Entered: 09/10/2020)

Sept. 10, 2020 PACER
52

TEXT ORDER: On September 10, 2020, Defendants jointly filed a Letter Request seeking an extension of time to file a response to the Complaint in this matter. Dkt. No. 51 . Based upon the reasons set forth in the submission and upon the consent of the parties, the request is GRANTED and Defendants shall file an Answer or otherwise respond to the Complaint by October 2, 2020. The Rule 16 Initial Conference set for September 30, 2020 before the undersigned and the deadline for the parties to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date and will be rescheduled upon the filing of Defendants' Answers. SO ORDERED by Magistrate Judge Daniel J. Stewart on 9/14/2020. (mab) (Entered: 09/14/2020)

Sept. 14, 2020 PACER

Order on Letter Request

Sept. 14, 2020 PACER
53

ANSWER to 1 Complaint, by Bill De Blasio.(Sadok, Melanie) (Entered: 10/02/2020)

Oct. 2, 2020 RECAP
54

ANSWER to 1 Complaint, by Andrew M. Cuomo, Letitia James.(Kerwin, Adrienne) (Entered: 10/02/2020)

Oct. 2, 2020 RECAP
55

STATUS REPORT by Bill De Blasio. (Sadok, Melanie) (Entered: 10/08/2020)

Oct. 8, 2020 PACER
56

STATUS REPORT Plaintiffs' Reply to Defendant de Blasio's "status report" by Mayer Mayerfeld, Elchanan Perr, Rev. Nicholas Stamos, Rev. Steven Soos. (Attachments: # 1 Exhibit(s))(Ferrara, Christopher) (Entered: 10/08/2020)

1 Exhibit(s)

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Oct. 8, 2020 PACER
57

AMENDED COMPLAINT and Exhibits against All Defendants filed by Elchanan Perr, Rev. Steven Soos, Rev. Nicholas Stamos, Mayer Mayerfeld.(Ferrara, Christopher) Modified on 10/13/2020 to correct the text and specify who filed the amended complaint. (kmc) (Entered: 10/09/2020)

Oct. 9, 2020 RECAP
58

Second MOTION for Temporary Restraining Order by Mayer Mayerfeld, Elchanan Perr, Rev. Nicholas Stamos, Rev. Steven Soos. (Attachments: # 1 Memorandum of Law In support of OTSC under Rule 7.1(e))(Ferrara, Christopher) (Entered: 10/09/2020)

1 Memorandum of Law In support of OTSC under Rule 7.1(e)

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Oct. 9, 2020 RECAP
59

STATUS REPORT re application for OTSC by Mayer Mayerfeld, Elchanan Perr, Rev. Nicholas Stamos, Rev. Steven Soos. (Ferrara, Christopher) (Entered: 10/09/2020)

Oct. 9, 2020 PACER
60

TEXT ONLY ORDER - Pending is plaintiffs' second application for a temporary restraining order (TRO) on an expedited basis. (Dkt. No. 58.) Plaintiffs also filed an amended complaint. (Dkt. No. 57.) A review of the papers seems to reflect that plaintiffs have added new defendants, which have not been served, as well as new claims, which plaintiffs appear to argue are subject to the court's prior orders. Accordingly, the second application for a TRO is denied with leave to renew once plaintiffs have properly served defendants, and notified the court as such. Further, plaintiffs are directed to update their status report, (Dkt. No. 56). Issued by Senior Judge Gary L. Sharpe on 10/9/2020. (jel, ) (Entered: 10/09/2020)

Oct. 9, 2020 PACER
61

REQUEST FOR ISSUANCE OF SUMMONS(ES): Daniel Schonbrun is requesting summons(es) be issued as to (Ferrara, Christopher) (Entered: 10/09/2020)

Oct. 9, 2020 PACER
62

REQUEST FOR ISSUANCE OF SUMMONS(ES): Elchanan Perr is requesting summons(es) be issued as to (Ferrara, Christopher) (Entered: 10/09/2020)

Oct. 9, 2020 PACER
63

REQUEST FOR ISSUANCE OF SUMMONS(ES): Mayer Mayerfeld is requesting summons(es) be issued as to (Ferrara, Christopher) (Entered: 10/09/2020)

Oct. 9, 2020 PACER
64

REQUEST FOR ISSUANCE OF SUMMONS(ES): Daniel Schonbrun is requesting summons(es) be issued as to (Ferrara, Christopher) (Entered: 10/09/2020)

Oct. 9, 2020 PACER
65

REQUEST FOR ISSUANCE OF SUMMONS(ES): Elchanan Perr is requesting summons(es) be issued as to (Ferrara, Christopher) (Entered: 10/09/2020)

Oct. 9, 2020 RECAP
66

REQUEST FOR ISSUANCE OF SUMMONS(ES): Mayer Mayerfeld is requesting summons(es) be issued as to (Ferrara, Christopher) (Entered: 10/09/2020)

Oct. 9, 2020 PACER
67

REQUEST FOR ISSUANCE OF SUMMONS(ES): Daniel Schonbrun is requesting summons(es) be issued as to (Ferrara, Christopher) (Entered: 10/09/2020)

Oct. 9, 2020 PACER

Order on Motion for TRO

Oct. 9, 2020 PACER
68

SUMMONS ISSUED as to Keith M. Corlett (Attachments: # 1 Summons Issued for Howard A. Zucker, # 2 Summons Issued for Betty A. Rosa, # 3 Summons Issued for Empire State Development Corporation, # 4 Summons Issued for Dave A. Chokshi, # 5 Summons Issued for Terence A. Monahan, # 6 Summons Issued for Richard Carranza)(kmc) (Entered: 10/13/2020)

1 Summons Issued for Howard A. Zucker

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2 Summons Issued for Betty A. Rosa

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3 Summons Issued for Empire State Development Corporation

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4 Summons Issued for Dave A. Chokshi

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5 Summons Issued for Terence A. Monahan

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6 Summons Issued for Richard Carranza

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Oct. 13, 2020 PACER

***Answer due date updated for Andrew M. Cuomo answer due 10/23/2020; Bill De Blasio answer due 10/23/2020; Letitia James answer due 10/23/2020. (kmc)

Oct. 13, 2020 PACER
69

Third MOTION for Temporary Restraining Order Order to Show Cause, Memo of Law and Exhibits and Declarations of plaintiffs Avigdor, Ligresti, Mayerfeld, Perr and Schonbrun by Morton Avigdor.(Ferrara, Christopher) (Entered: 10/15/2020)

Oct. 15, 2020 PACER
70

STATUS REPORT per Court's directive by Morton Avigdor. (Ferrara, Christopher) (Entered: 10/15/2020)

Oct. 15, 2020 RECAP
71

SUMMONS Returned Executed by Jeanette Ligresti. Empire State Development Corporation served on 10/15/2020, answer due 11/5/2020. (Ferrara, Christopher) (Entered: 10/15/2020)

Oct. 15, 2020 PACER
72

LETTER dated 10/12/20 from non-party Peter L. Grioco. {With attached envelope} (kmc) (Entered: 10/16/2020)

Oct. 15, 2020 RECAP
73

AFFIDAVIT of Service for Summons, Verified Complaint, First Amended Verified Complaint, Filing Order/General Order #25, Amended Order to Show Cause, [Updated] Memorandum of Law in Support of Motion for Temporary Restraining Order and Preliminary Injunction, Exhibits, and Unsworn Declarations of Elchanan Perr, Jeanette Ligresti, Mayer Mayerfeld, Daniel Schonbrun, and Morton Avigdor served on Co-defendant Keith M. Corlett on October 15, 2020, filed by Morton Avigdor. (Ferrara, Christopher) (Entered: 10/16/2020)

Oct. 16, 2020 PACER
74

AFFIDAVIT of Service for Summons, Verified Complaint, First Amended Verified Complaint, Filing Order/General Order #25, Amended Order to Show Cause, [Updated] Memorandum of Law in Support of Motion for Temporary Restraining Order and Preliminary Injunction, Exhibits, and Unsworn Declarations of Elchanan Perr, Jeanette Ligresti, Mayer Mayerfeld, Daniel Schonbrun, and Morton Avigdor served on Co-defendant Betty A. Rosa on October 15, 2020, filed by Elchanan Perr. (Ferrara, Christopher) (Entered: 10/16/2020)

Oct. 16, 2020 PACER
75

AFFIDAVIT of Service for Summons, Verified Complaint, First Amended Verified Complaint, Filing Order/General Order #25, Amended Order to Show Cause, [Updated] Memorandum of Law in Support of Motion for Temporary Restraining Order and Preliminary Injunction, Exhibits, and Unsworn Declarations of Elchanan Perr, Jeanette Ligresti, Mayer Mayerfeld, Daniel Schonbrun, and Morton Avigdor served on Co-defendant Howard A. Zucker, M.D. on October 15, 2020, filed by Mayer Mayerfeld. (Ferrara, Christopher) (Entered: 10/16/2020)

Oct. 16, 2020 PACER
76

TEXT ONLY ORDER - Plaintiffs have filed an application for a temporary restraining order, or, in the alternative, preliminary injunction, brought by order to show cause. (Dkt. No. 69.) Plaintiffs apparently seek to preclude enforcement of Governor Cuomo's Executive Order 202.68, and, arguably, to litigate compliance with the court's order already in place, (Dkt. No. 35). The court will take no action until defendants have had an opportunity to respond to the current application, and all parties have had an opportunity to weigh in on whether a hearing is necessary to resolve any factual issues. Defendants shall file a response to plaintiffs' application on or before October 20, 2020 at 12:00PM. Plaintiffs may file a reply on or before October 21, 2020 at 12:00PM. A video conference via Skype will be scheduled thereafter. Plaintiffs shall serve a copy of this Text Only Order on defendants who have not yet appeared by overnight mail and electronic mail, if available. Finally, all parties who have not yet done so, shall file a notice of appearance immediately. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 10/16/2020. (jel, ) (Entered: 10/16/2020)

Oct. 16, 2020 PACER
77

NOTICE of Appearance by Melanie Sadok on behalf of Richard Carranza, Dave A. Chokshi, Terence A. Monahan (Sadok, Melanie) (Entered: 10/16/2020)

Oct. 16, 2020 PACER
78

NOTICE of Appearance by Adrienne J. Kerwin on behalf of Keith M. Corlett, Andrew M. Cuomo, Empire State Development Corporation, Letitia James, Betty A. Rosa, Howard A. Zucker (Kerwin, Adrienne) (Entered: 10/16/2020)

Oct. 16, 2020 PACER
79

NOTICE of Appearance by Ellen Parodi on behalf of Richard Carranza, Dave A. Chokshi (Parodi, Ellen) (Entered: 10/16/2020)

Oct. 16, 2020 PACER
80

NOTICE of Appearance by Ellen Parodi on behalf of Terence A. Monahan (Parodi, Ellen) (Entered: 10/16/2020)

Oct. 16, 2020 PACER
81

NOTICE of Appearance by Christopher A. Ferrara on behalf of Morton Avigdor, Jeanette Ligresti (Ferrara, Christopher) (Entered: 10/16/2020)

Oct. 16, 2020 PACER
82

NOTICE of Appearance by Michael McHale on behalf of Morton Avigdor, Jeanette Ligresti (McHale, Michael) (Entered: 10/16/2020)

Oct. 16, 2020 PACER

Order Setting Hearing on Motion

Oct. 16, 2020 PACER

***Answer due date updated for Keith M. Corlett answer due 11/5/2020; Betty A. Rosa answer due 11/5/2020; and Howard A. Zucker answer due 11/5/2020. (kmc)

Oct. 19, 2020 PACER
83

Letter Motion from Adrienne J. Kerwin for Keith M. Corlett, Andrew M. Cuomo, Empire State Development Corporation, Letitia James, Betty A. Rosa, Howard A. Zucker requesting permission to submit memoranda of law in excess of the page limitations of the Local Rules, and extension of the deadline by which Defendants Cuomo, James and deBlasio must respond to the First Amended Complaint submitted to Judge Sharpe . (Kerwin, Adrienne) (Entered: 10/19/2020)

Oct. 19, 2020 RECAP
84

TEXT ONLY ORDER granting 83 Letter Motion from Adrienne J. Kerwin for Keith M. Corlett, Andrew M. Cuomo, Empire State Development Corporation, Letitia James, Betty A. Rosa, Howard A. Zucker requesting permission to submit memoranda of law in excess of the page limitations of the Local Rules, and extension of the deadline by which Defendants Cuomo, James and deBlasio must respond to the First Amended Complaint. Andrew M. Cuomo answer due 11/5/2020; Bill De Blasio answer due 11/5/2020; Letitia James answer due 11/5/2020. Signed by Senior Judge Gary L. Sharpe on 10/19/2020. (jel, ) (Entered: 10/19/2020)

Oct. 19, 2020 PACER

State / Territory: New York

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: June 10, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three Orthodox Jews and two Catholic priests who were unable to worship because of New York's COVID-19 restrictions on public gatherings.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of New York, State

Mayor of the City of new York (New York City), City

Attorney General, State

Superintendent of the New York State Police, State

New York State Commissioner of Health, State

New York City Commissioner of Health (New York City), City

Chancellor of the New York City Department of Education (New York City), City

Interim Commissioner of the New York State Education Department, State

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Free Exercise Clause

Freedom of speech/association

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Issues

General:

Religious programs / policies

Discrimination-basis:

Religion discrimination