Case: Agudath Israel of America v. Cuomo

1:20-cv-04834 | U.S. District Court for the Eastern District of New York

Filed Date: Oct. 8, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: A group of Orthodox Jewish synagogues brought this lawsuit against the Governor of New York on October 8, 2020, alleging that the governor's restrictions on gatherings in light of surges in COVID-19 cases violated the Free Exercise Clause. After the district court denied plaintiffs' motion for a preliminary injunction, they appealed to the Second Circuit and the Supreme Court. The Supreme Court granted the injunction in part to block the enforcement of the executive order's at…

COVID-19 Summary: A group of Orthodox Jewish synagogues brought this lawsuit against the Governor of New York on October 8, 2020, alleging that the governor's restrictions on gatherings in light of surges in COVID-19 cases violated the Free Exercise Clause. After the district court denied plaintiffs' motion for a preliminary injunction, they appealed to the Second Circuit and the Supreme Court. The Supreme Court granted the injunction in part to block the enforcement of the executive order's attendance caps pending the outcome of the appeal in the Second Circuit. The case is ongoing.


On October 8, 2020, Agudath Israel and affiliated Orthodox Jewish synagogues in New York City filed this lawsuit challenging an executive order issued by Andrew Cuomo, the Governor of the State of New York, seeking declaratory and injunctive relief and attorneys' costs and fees. Executive Order 202.68 ("EO 202.68") placed restrictions on gatherings at synagogues and other houses of worship in light of a surge in rates of COVID-19 infections in hotspots identified by the New York State Department of Health. Plaintiffs are an Orthodox Jewish group, Agudath Israel of America, three synagogues in Brooklyn and Queens, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Agudath Israel of Bayswater, and their leaders. Represented by Troutman Pepper Hamilton Sanders LLP, the plaintiffs sued under 28 U.S.C. §§ 2201 and 2202, as well as 42 U.S.C. §§ 1983 and 1988.

On March 7, 2020, pursuant to N.Y. Exec. Law § 29, Governor Cuomo issued the original Executive Order 202, implementing the State Comprehensive Emergency Management Plan and declaring a statewide disaster emergency as a result of the emerging COVID-19 pandemic. Over the next few months, Governor Cuomo issued multiple supplemental Executive Orders, continuing the temporary suspension and modification of certain laws relating to the state of emergency.

In response to a spike in the rate of positive COVID-19 cases in five "hotspots" located in Brooklyn and Queens, Governor Cuomo issued Executive Order 202.68 ("EO 202.68") on October 6, 2020, which directed the New York State Department of Health to identify yellow, orange, and red “zones” based on the severity of outbreaks, and impose correspondingly severe restrictions on activity within each zone. EO 202.68 established central “red zones,” where non-essential gatherings were cancelled and schools and nonessential businesses were prohibited from operating in-person. Red zone houses of worship were permitted to remain open with a capacity of 25% maximum occupancy or 10 people, whichever was fewer. Similarly, in orange zones, non-essential gatherings, schools, and certain nonessential businesses were subject to more severe restrictions than houses of worship. Precautionary “yellow zones” were subject to lesser restrictions then red and orange zones. EO 202.68 was temporary and the zones were re-evaluated based on changes in the underlying data.

The executive order was issued in advance of three special holidays for the Orthodox Jewish community to be held on October 9, 10, and 11, for the purpose of "tackl[ing] the risk posed by mass gatherings, including those taking place in houses of worship." When the complaint was filed, two synagogues were located in red zones and one was in an orange zone.

The plaintiffs claimed that EO 202.68 violated the Free Exercise Clause of the First Amendment and sought a declaratory judgment preventing its enforcement. They argued that the executive order was facially discriminatory towards religious practices compared to similar secular activities and that religious institutions were targeted for punitive reasons because of their religious nature. The same day, the plaintiffs also filed an emergency motion for an order to show cause for a temporary restraining order and preliminary injunction. The case was assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Robert M. Levy.

The court ordered the defendants to show cause by October 9 as to why the requested injunctive relief should not be granted.

After the parties submitted briefing and held a hearing, Judge Matsumoto denied the plaintiffs' motion for a temporary restraining order and preliminary injunction because they failed to show a likelihood of success on the merits of their First Amendment claim. The court held that EO 202.68 was neutral, generally applicable, and did not burden Plaintiffs’ free exercise rights. Judge Matsumoto noted that the order also shut down nonessential businesses and schools in hotspots as well and found that the new rules were not motivated by an intention to discriminate against Orthodox Jews.

On October 19, the plaintiffs appealed the denial to the U.S. Court of Appeals for the Second Circuit and filed a motion for an injunction. The case was scheduled to be heard in tandem with a related case, The Roman Catholic Diocese of Brooklyn v. Governor Andrew M. Cuomo, Docket No. 20-3590. Their request for a stay in the district court pending appeal was denied.

On November 9, the Second Circuit denied the plaintiffs' motion for an injunction primarily for procedural reasons because they failed to first request an injunction pending appeal in district court before seeking relief in the Court of Appeals. 979 F.3d 177 (Nov. 9, 2020). But, the order also addressed the similar substantive claims raised in the related case, Roman Catholic Diocese v. Cuomo, and held that the order did not violate the Free Exercise Clause. The court noted that the order was not substantially underinclusive as plaintiffs had alleged because "within each zone, the order subjects religious services to restrictions that are similar to or, indeed, less severe than those imposed on comparable secular gatherings."

The plaintiffs then filed an emergency application for injunctive relief to the Supreme Court on November 16 to prohibit the enforcement of EO 202.68 until the Second Circuit could issue a decision on the merits. Case Number 20A90. The Supreme Court granted the injunction in part on November 25, resting on the reasoning outlined in the related case, Roman Catholic Diocese v. Cuomo, 592 U. S. ____ (Nov. 25, 2020). The Court barred the enforcement of the 10- and 25-person occupancy limits because it found that the executive order was not neutral and that less restrictive rules could have been employed instead. Chief Justice Roberts, along with Justices Breyer, Sotomayor, and Kagan dissented.

Meanwhile, back in district court, the defendant notified the court in a letter on November 3 of the party's intent to file a motion to dismiss the complaint on the basis that it was moot because the holidays it was based on had already passed.

The case is currently pending appeal in the Second Circuit.

Summary Authors

Chandler Hart-McGonigle (11/28/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/18519392/parties/agudath-israel-of-america-v-hochul/


Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Levy, Robert M. (New York)

Lohier, Raymond Joseph Jr. (New York)

Matsumoto, Kiyo A. (New York)

Park, Michael Hun (New York)

Rakoff, Jed Saul (New York)

Attorneys(s) for Plaintiff

Dutton, Sean (Illinois)

LeRoy, Kevin M. (Illinois)

Schick, Avi David (New York)

Smith, W. Alex (New York)

Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Levy, Robert M. (New York)

Lohier, Raymond Joseph Jr. (New York)

Matsumoto, Kiyo A. (New York)

Park, Michael Hun (New York)

Rakoff, Jed Saul (New York)

Attorneys(s) for Plaintiff

Dutton, Sean (Illinois)

LeRoy, Kevin M. (Illinois)

Schick, Avi David (New York)

Smith, W. Alex (New York)

Tseytlin, Misha (Illinois)

Attorneys(s) for Defendant

Dorcheh, Maryam Jazini (New York)

James, Letitia (New York)

McAlister, Erin R. (New York)

Spiegelman, Scott J. (New York)

Documents in the Clearinghouse

Document

1:20-cv-04834

Docket [PACER]

Nov. 18, 2020

Nov. 18, 2020

Docket
6

1:20-cv-04834

Order to Show Cause

Oct. 8, 2020

Oct. 8, 2020

Order/Opinion
1

1:20-cv-04834

Complaint for Declaratory and Injunctive Relief

Oct. 8, 2020

Oct. 8, 2020

Complaint
2-2

1:20-cv-04834

Memorandum of Law in Support of Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction

Oct. 8, 2020

Oct. 8, 2020

Pleading / Motion / Brief
11

1:20-cv-04834

Governor Andrew M. Cuomo's Memorandum of Law in Opposition to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction

Oct. 9, 2020

Oct. 9, 2020

Pleading / Motion / Brief
18

1:20-cv-04834

Re: Agudath Israel of America, et al. v. Cuomo, No. 20-cv-04834 (E.D.N.Y.)(KAM)(RML)

Nov. 3, 2020

Nov. 3, 2020

Pleading / Motion / Brief
20

1:20-cv-04834

Opinion

U. S. Court of Appeals for the Second Circuit

Nov. 10, 2020

Nov. 10, 2020

Order/Opinion

0:20-00090

Order

Agudath Israel v. Cuomo

Supreme Court of the United States

141 S.Ct. 889

Nov. 25, 2020

Nov. 25, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18519392/agudath-israel-of-america-v-hochul/

Last updated Aug. 4, 2022, 3:25 a.m.

ECF Number Description Date Link Date / Link
7

CERTIFICATE OF SERVICE by Agudath Israel of America, Agudath Israel of Bayswater, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Steven Saphirstein re Order, entered on October 8, 2020, at 6:24 pm EDT (Schick, Avi) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER

Case Assigned/Reassigned

Oct. 8, 2020

Oct. 8, 2020

PACER

ORDER: The video link for parties and counsel participating in the emergency show cause hearing, scheduled for October 9, 2020, at 1:30 PM, is https://join.uc.uscourts.gov/invited.sf?secret=8n3nB0iOQsw_62kpnyxU2A&id=362279320. Those who wish to listen by phone may dial 571-353-2300 and enter the pin 362279320. Plaintiffs are ordered to immediately serve defendant with a copy of this Order and to note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 10/8/2020. (Brasky, Michael)

Oct. 8, 2020

Oct. 8, 2020

PACER

Order

Oct. 8, 2020

Oct. 8, 2020

PACER
6

ORDER granting 2 Motion for Order to Show Cause. Show Cause Hearing by video set for 10/9/2020 at 01:30 PM before Judge Kiyo A. Matsumoto. Defendant must submit a brief in response by no later than 10/9/2020 at 11:00 AM; plaintiff may reply no later than 10/9/2020 at 1:00 PM. Plaintiff must immediately serve a copy of this Order and the papers on which it is based on Defendant no later than 5:30 PM on 10/8/2020. See attached Order for further details. Ordered by Judge Kiyo A. Matsumoto on 10/8/2020. (Brasky, Michael) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

RECAP
5

Summons Issued as to Andrew M. Cuomo. (Davis, Kimberly) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

RECAP
4

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
3

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER

Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly)

Oct. 8, 2020

Oct. 8, 2020

PACER
2

Emergency MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction by Agudath Israel of America, Agudath Israel of Bayswater, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Steven Saphirstein. (Attachments: # 1 [Proposed] Order to Show Cause, # 2 Memorandum in Support, # 3 Declaration of Avi Schick, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Affidavit of Aharon Weisenfeld, # 18 Affidavit of Avrohom Weinstock, # 19 Affidavit of Steven Saphirstein, # 20 Affidavit of Rabbi Menachem Feifer, # 21 Affidavit of Rabbi Yisroel Reisman, # 22 Declaration of Avi Schick re: Notice, # 23 Declaration of Plaintiffs' Counsel Pursuant to Local Rule 6.1(d)) (Schick, Avi) (Entered: 10/08/2020)

1 [Proposed] Order to Show Cause

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2 Memorandum in Support

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3 Declaration of Avi Schick

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4 Exhibit A

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5 Exhibit B

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6 Exhibit C

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7 Exhibit D

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8 Exhibit E

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9 Exhibit F

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10 Exhibit G

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11 Exhibit H

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12 Exhibit I

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13 Exhibit J

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14 Exhibit K

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15 Exhibit L

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16 Exhibit M

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17 Affidavit of Aharon Weisenfeld

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18 Affidavit of Avrohom Weinstock

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19 Affidavit of Steven Saphirstein

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20 Affidavit of Rabbi Menachem Feifer

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21 Affidavit of Rabbi Yisroel Reisman

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22 Declaration of Avi Schick re: Notice

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23 Declaration of Plaintiffs' Counsel Pursuant to Local Rule 6.1(d)

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Oct. 8, 2020

Oct. 8, 2020

PACER
1

COMPLAINT against Andrew M. Cuomo filing fee $ 400, receipt number ANYEDC-13491523 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Rabbi Menachem Feifer, Agudath Israel of Madison, Steven Saphirstein, Agudath Israel of Kew Garden Hills, Agudath Israel of America, Agudath Israel of Bayswater, Rabbi Yisroel Reisman. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons) (Schick, Avi) (Entered: 10/08/2020)

1 Civil Cover Sheet

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2 Proposed Summons

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Oct. 8, 2020

Oct. 8, 2020

RECAP

Order(Other)

Oct. 8, 2020

Oct. 8, 2020

PACER

Minute Entry and Order for proceedings held before Judge Kiyo A. Matsumoto: Show Cause Hearing held on 10/9/2020. Appearances: Avi David Schick, Esq. for Plaintiffs; Todd Alan Spiegelman, Esq. for Defendant. For the reasons stated on the record, Plaintiffs' 2 Motion for a Temporary Restraining Order and Preliminary Injunction is DENIED. Plaintiffs failed to show, among other things, a likelihood of success on the merits of their claim that Executive Order 202.68 is unconstitutional or otherwise violates the Free Exercise Clause. A transcript of the hearing record and the court's findings will be filed on the public docket. Ordered by Judge Kiyo A. Matsumoto on 10/9/2020. (Court Reporter Denise Parisi.) (Brasky, Michael)

Oct. 9, 2020

Oct. 9, 2020

PACER

Show Cause Hearing

Oct. 9, 2020

Oct. 9, 2020

PACER
13

REPLY in Support of Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction filed by Agudath Israel of America, Agudath Israel of Bayswater, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Steven Saphirstein. (Schick, Avi) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

RECAP
12

DECLARATION re 11 Memorandum in Opposition to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction by Andrew M. Cuomo (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF) (McAlister, Erin) (Entered: 10/09/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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23 Exhibit W

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24 Exhibit X

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25 Exhibit Y

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26 Exhibit Z

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27 Exhibit AA

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28 Exhibit BB

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29 Exhibit CC

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30 Exhibit DD

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31 Exhibit EE

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32 Exhibit FF

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Oct. 9, 2020

Oct. 9, 2020

PACER
11

MEMORANDUM in Opposition to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction *CORRECTED* filed by Andrew M. Cuomo. (McAlister, Erin) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

RECAP
10

MEMORANDUM in Opposition to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction filed by Andrew M. Cuomo. (McAlister, Erin) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

RECAP
9

NOTICE of Appearance by Todd Alan Spiegelman on behalf of All Defendants (aty to be noticed) (Spiegelman, Todd) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

RECAP
8

CERTIFICATE OF SERVICE by Agudath Israel of America, Agudath Israel of Bayswater, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Steven Saphirstein re 6 Order on Motion for Order to Show Cause,, 5 Summons Issued, 2 Emergency MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction, 1 Complaint, (Schick, Avi) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
14

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 9, 2020, before Judge Matsumoto. Court Reporter/Transcriber Denise Parisi, Telephone number 7186132605. Email address: deniseparisi72@gmail.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/9/2020. Redacted Transcript Deadline set for 11/18/2020. Release of Transcript Restriction set for 1/18/2021. (Parisi, Denise) (Entered: 10/18/2020)

Oct. 18, 2020

Oct. 18, 2020

PACER

Electronic Index to Record on Appeal sent to US Court of Appeals. 16 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann)

Oct. 19, 2020

Oct. 19, 2020

PACER
16

NOTICE OF APPEAL by Agudath Israel of America, Agudath Israel of Bayswater, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Steven Saphirstein. Filing fee $ 505, receipt number ANYEDC-13542718. (Schick, Avi) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

RECAP
15

SUMMONS Returned Executed by Rabbi Menachem Feifer, Agudath Israel of Madison, Steven Saphirstein, Agudath Israel of Kew Garden Hills, Agudath Israel of America, Agudath Israel of Bayswater, Rabbi Yisroel Reisman. Andrew M. Cuomo served on 10/13/2020, answer due 11/3/2020. (Schick, Avi) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

RECAP

Electronic Index to Record on Appeal

Oct. 19, 2020

Oct. 19, 2020

PACER
17

ORDER of USCA as to 16 Notice of Appeal, filed by Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Agudath Israel of Bayswater, Agudath Israel of Madison, Agudath Israel of America, Agudath Israel of Kew Garden Hills, Steven Saphirstein. Appellants Agudath Israel of America et al., move for an emergency injunction pending appeal. Appellants seek a decision no later than October 23, 2020 at 5:00 pm. Appellee Andrew M. Cuomo opposes the motion.IT IS HEREBY ORDERED that the request for an administrative stay of the District Court decision denying Appellants' motion for a temporary restraining order and preliminary injunctions is DENIED. The motion is referred to the panel sitting on November 3, 2020. It will be heard in tandem with the motion seeking similar relief filed in The Roman Catholic Diocese of Brooklyn v. Governor Andrew M. Cuomo, Docket No. 20-3590. Appellee's opposition to the motion is due by noon on October 27, 2020. Appellants reply is due by noon on October 29, 2020. Certified Copy Issued: 10/22/20. USCA #20-3572. (McGee, Mary Ann) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

RECAP
18

Letter MOTION for pre motion conference on Governor Cuomo's proposed motion to dismiss by Andrew M. Cuomo. (Attachments: # 1 Exhibit Transcript of preliminary injunction hearing) (Spiegelman, Todd) (Entered: 11/03/2020)

1 Exhibit Transcript of preliminary injunction hearing

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Nov. 3, 2020

Nov. 3, 2020

RECAP

ORDER re: 18 Defendant's Request for a Pre Motion Conference. Plaintiffs are respectfully directed to file a response to Defendant's pre motion conference letter by Friday, November 6, 2020. Ordered by Judge Kiyo A. Matsumoto on 11/4/2020. (Urquiola, Rebecca)

Nov. 4, 2020

Nov. 4, 2020

PACER

Order(Other)

Nov. 4, 2020

Nov. 4, 2020

PACER
19

RESPONSE in Opposition re 18 Letter MOTION for pre motion conference on Governor Cuomo's proposed motion to dismiss filed by All Plaintiffs. (Schick, Avi) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER

ORDER deferring ruling on 18 Motion for Pre Motion Conference. The court will hold a pre motion conference after the Second Circuit decides plaintiffs' motion for an injunction pending appeal from this Courts denial of plaintiffs' motion for a preliminary injunction. The court also orders a stay of discovery pending the pre motion conference. Ordered by Judge Kiyo A. Matsumoto on 11/9/2020. (Urquiola, Rebecca)

Nov. 9, 2020

Nov. 9, 2020

PACER

Order on Motion for Pre Motion Conference AND Order(Other)

Nov. 9, 2020

Nov. 9, 2020

PACER

ORDER: In light of the Second Circuit's Order denying Appellants' motions for injunctions pending appeal, this Court orders the parties to confer and advise the Court jointly how they intend to proceed given the decision. Ordered by Judge Kiyo A. Matsumoto on 11/10/2020. (Urquiola, Rebecca)

Nov. 10, 2020

Nov. 10, 2020

PACER
20

ORDER of USCA as to 16 Notice of Appeal, filed by Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Agudath Israel of Bayswater, Agudath Israel of Madison, Agudath Israel of America, Agudath Israel of Kew Garden Hills, Steven Saphirstein. Upon due consideration, and for the foregoing reasons, it is hereby ORDERED that the Appellants motions for injunctions pending appeal are DENIED. Among other infirmities in their arguments, the Appellants have failed to meet the requisite standard for an injunction pending appeal. See New York v. U.S. Dept of Homeland Sec., 974 F.3d at 214. It is further ORDERED that the motion to expedite the appeals is GRANTED. See document for further details. Certified Copy Issued: 11/9/20. USCA #20-3572 and 20-3590. This document also reflects case 20-cv-4844. (Attachments: # 1 USCA Dissenting Opinion) (McGee, Mary Ann) (Entered: 11/10/2020)

1 USCA Dissenting Opinion

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Nov. 10, 2020

Nov. 10, 2020

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ORDER re 21 Motion to Adjourn Conference. The court grants the parties joint motion to adjourn the pre-motion conference on defendants proposed motion to dismiss this action, until after the Second Circuit decides plaintiffs expedited appeal of this courts October 9, 2020 denial of plaintiffs request for injunctive relief. Ordered by Judge Kiyo A. Matsumoto on 11/13/2020. (Williams-Jackson, Sandra)

Nov. 13, 2020

Nov. 13, 2020

PACER

ORDER re: 22 Plaintiff's Motion for Preliminary Injunction. Defendant is respectfully directed to file a response to Plaintiff's motion for preliminary injunction by Monday, November 16, 2020. Ordered by Judge Kiyo A. Matsumoto on 11/13/2020.(Urquiola, Rebecca)

Nov. 13, 2020

Nov. 13, 2020

PACER
22

Letter MOTION for Preliminary Injunction Pending Appeal by Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Yisroel Reisman, Steven Saphirstein. (Schick, Avi) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

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Letter MOTION to Adjourn Conference on Defendants' proposed Motion to Dismiss by Andrew M. Cuomo. (Spiegelman, Todd) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

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Order(Other)

Nov. 13, 2020

Nov. 13, 2020

PACER

Order on Motion for Pre Motion Conference AND Order on Motion to Adjourn Conference

Nov. 13, 2020

Nov. 13, 2020

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23

RESPONSE to Motion re 22 Letter MOTION for Preliminary Injunction Pending Appeal filed by Andrew M. Cuomo. (Spiegelman, Todd) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
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ORDER of USCA as to 16 Notice of Appeal, filed by Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Agudath Israel of Bayswater, Agudath Israel of Madison, Agudath Israel of America, Agudath Israel of Kew Garden Hills, Steven Saphirstein. The Appellants now move for emergency injunctions pending appeal and to expedite their appeals. For the following reasons, the Appellants motions for injunctions pending appeal are DENIED, and the motion to expedite their appeals is GRANTED. See document for further details. This USCA Opinion and Dissenting Opinion are endorsed on the USCA Opinion. Certified Copy Issued: 11/18/20. USCA #20-3572 and 20-3590. (Attachments: # 1 Judge Park's Dissenting Opinion) (McGee, Mary Ann) (Entered: 11/18/2020)

1 Judge Park's Dissenting Opinion

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Nov. 18, 2020

Nov. 18, 2020

PACER

Order regarding Plaintiffs' 22 Motion for Preliminary Injunction pending appeal. In light of the United States Supreme Court's November 25, 2020 decision granting the plaintiffs injunctive relief pending the appeal before the United States Court of Appeals for the Second Circuit, the parties are directed to confer and advise this court via ECF by Friday, December 4, 2020, of their positions regarding the effect of the Supreme Court's decision on plaintiffs' motion for an injunction pending appeal. Ordered by Judge Kiyo A. Matsumoto on 12/1/2020. (Urquiola, Rebecca)

Dec. 1, 2020

Dec. 1, 2020

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Order(Other)

Dec. 1, 2020

Dec. 1, 2020

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25

Joint MOTION to Stay Resolution of Plaintiffs' Motion for Preliminary Injunction Pending Appeal by Andrew M. Cuomo. (Spiegelman, Todd) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

RECAP

ORDER granting 25 Joint Motion to Stay. Plaintiff's motion for an injunction pending appeal will be held in abeyance pending the resolution of plaintiff's appeal before the United States Court of Appeals for the Second Circuit from this court's denial of plaintiff's application for a preliminary injunction. Ordered by Judge Kiyo A. Matsumoto on 12/7/2020. (Urquiola, Rebecca)

Dec. 7, 2020

Dec. 7, 2020

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Order on Motion to Stay

Dec. 7, 2020

Dec. 7, 2020

PACER
26

ORDER of USCA as to 16 Notice of Appeal, filed by Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Agudath Israel of Bayswater, Agudath Israel of Madison, Agudath Israel of America, Agudath Israel of Kew Garden Hills, Steven Saphirstein. For the reasons set forth above, with respect to the Dioceses appeal, No. 20-3590, the District Courts Order is Reversed. We Remand to the District Court with directions to grant a preliminary injunction against enforcement of the Orders 10- and 25-person occupancy limits on houses of worship. With respect to Agudath Israels appeal, No. 20-3572, the District Courts Order is likewise reversed to the extent that it denied Agudath Israels motion for a preliminary injunction as to the Orders fixed capacity limits, and we Remand to the District Court with directions to grant a preliminary injunction against enforcement of those limits. The District Courts Order is vacated to the extent that it denied a preliminary injunction against enforcement of the Orders 25% and 33% capacity limits on houses of worship. As to those limits, we Remand for further proceedings consistent with this Opinion, including the application of strict scrutiny in the analysis of Agudath Israels likelihood of success on the merits. In the interest of judicial economy, all further proceedings and subsequent appeals shall be referred to this panel. See document for further details. Certified Copy issued on 12/28/2020. USCA # 20-3572. Please Note the USCA Mandate has not yet been issued. Further Note this USCA Order is endorsed on the USCA Opinion decided on 12/28/2020. (Mejia, Salomon) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

RECAP

ORDER RE 26 Order of USCA as to 16 Notice of Appeal. In light of the United States Court of Appeals for the Second Circuit's December 28, 2020 decision, the parties are ordered to confer and jointly advise this court as to how they intend to proceed by Monday, January 4, 2021. Ordered by Judge Kiyo A. Matsumoto on 12/29/2020. (Urquiola, Rebecca)

Dec. 29, 2020

Dec. 29, 2020

PACER

Order(Other)

Dec. 29, 2020

Dec. 29, 2020

PACER
27

First MOTION for Extension of Time to File joint letter advising the Court on how the parties intend to proceed by Andrew M. Cuomo. (Spiegelman, Todd) (Entered: 12/31/2020)

Dec. 31, 2020

Dec. 31, 2020

PACER

ORDER granting 27 Motion for Extension of Time to File. The parties are ordered to confer and jointly advise this court as to how they intend to proceed by Monday, January 11, 2021. Ordered by Judge Kiyo A. Matsumoto on 1/4/2021. (Urquiola, Rebecca)

Jan. 4, 2021

Jan. 4, 2021

PACER

Order on Motion for Extension of Time to File

Jan. 4, 2021

Jan. 4, 2021

PACER
28

Letter - Joint letter regarding case status by Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Yisroel Reisman, Steven Saphirstein (Schick, Avi) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER

ORDER: In light of the Second Circuit's decision on appeal 26, the plaintiffs' Motion for a Preliminary Injunction 2 against Executive Order 202.68's 10- and 25-person occupancy limits is GRANTED for the reasons stated therein. Separately, with respect to Executive Order 202.68's 25% and 33% capacity limits on houses of worship, the court will hold a telephonic status conference on this issue on Tuesday, January 26, 2021 at 11:00 a.m. During said conference, the parties are ordered to update the Court on the status of their settlement discussions. The parties are ordered to appear before the court by telephone by calling 1-888-684-8852 and entering the following access code: 1312089. Ordered by Judge Kiyo A. Matsumoto on 1/19/2021. (Urquiola, Rebecca)

Jan. 19, 2021

Jan. 19, 2021

PACER
29

MANDATE of USCA as to 16 Notice of Appeal, filed by Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Agudath Israel of Bayswater, Agudath Israel of Madison, Agudath Israel of America, Agudath Israel of Kew Garden Hills, Steven Saphirstein. (Brown, Marc) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

RECAP

Order(Other)

Jan. 19, 2021

Jan. 19, 2021

PACER

ORDER vacating 22 Motion for Preliminary Injunction. In light of this court's 1/19/2021 order, this motion is vacated. Ordered by Judge Kiyo A. Matsumoto on 1/25/2021. (Urquiola, Rebecca)

Jan. 25, 2021

Jan. 25, 2021

PACER

Order on Motion for Preliminary Injunction

Jan. 25, 2021

Jan. 25, 2021

PACER

Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Status Conference held on 1/26/2021. Appearances: Avi David Schick, Esq. for Plaintiffs; Todd Alan Spiegelman, Esq. for Defendant.The court ordered a follows: (1) this court will conduct a video hearing regarding Executive Order 202.68's 25% and 33% capacity limits on houses of worship on Monday, February 8, 2021 at 9:30 a.m.; (2) the parties will submit witness lists with accompanying summaries as to what each witness will testify to, exhibit lists, and pre-hearing memoranda of law based on the current state of affairs by Thursday, February 4, 2021 at 4:00 p.m; (3) plaintiffs are advised to state the capacity of each house of worship in their submissions; and (4) the parties will inform this court if they settle this matter prior to said hearing. As discussed at today's status conference, defendant has agreed to suspend enforcement of Executive Order 202.68's 25% and 33% capacity limits on houses of worship pending a final decision. The link to access the conference will be provided to counsel in advance of the hearing. (Court Reporter Lisa Schmid.) (Urquiola, Rebecca)

Jan. 26, 2021

Jan. 26, 2021

PACER

Status Conference

Jan. 26, 2021

Jan. 26, 2021

PACER
30

USCA Statement of Costs as to 16 : IT IS HEREBY ORDERED that costs are taxed in the amount of $1,146.40 in favor of the Appellants. (Brown, Marc) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER

ORDER denying 31 Defendants Motion to Cancel Preliminary Injunction Hearing. The parties letters 31 and 32 are ambiguous as to the terms of the defendants consent to a preliminary or permanent injunction, i.e. the scope of the injunction, whether the injunction will apply only to defendant Andrew Cuomo or to other state officers, agents, servants and employees who may be responsible for enforcing Executive Order 202.68 and similar amended or subsequent Executive Orders; whether the injunction will apply to all enforcement actions pursuant to Executive Order 202.68 and amended or subsequent Executive Orders imposing numerical and percent of capacity limits affecting only the party plaintiffs, or all houses of worship in a designated red or orange zone; whether the defendants consent to an injunction will apply only in red or orange zones within a specific geographic area or throughout New York State; and whether the defendant is agreeing to a preliminary or permanent injunction and, if the former, when the terms of the preliminary injunction will expire. As the parties are aware, the court relied on the facts presented by the parties submissions at the initial hearing for injunctive relief in denying the injunction, and has not been made aware of any other facts that should be considered for purposes of the hearing. Furthermore, as provided by Fed. R. Civ. P. 65(d), every order granting an injunction must include, inter alia, specific reasons, specific terms, detailed descriptions of acts to be enjoined, and persons to be bound by the injunction. The parties are directed to negotiate the terms of the preliminary or permanent injunction, including the specific reasons and findings justifying the injunction, the specific terms of the injunction, and acts to be enjoined. The parties shall file a joint proposed order granting a preliminary or permanent injunction via ECF pursuant to Federal Rule of Civil Procedure 65 (d) no later than noon on Friday, February 5, 2021. The preliminary injunction hearing scheduled for Monday, February 8, 2021 will proceed as scheduled unless the court determines that the parties have finalized the terms of a proposed preliminary or permanent injunction by February 5, 2021. Ordered by Judge Kiyo A. Matsumoto on 2/2/2021.(Urquiola, Rebecca)

Feb. 2, 2021

Feb. 2, 2021

PACER
32

RESPONSE to Motion re 31 MOTION for Hearing - to Cancel Preliminary Injunction Hearing and Related Briefing filed by Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Yisroel Reisman, Steven Saphirstein. (Schick, Avi) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

RECAP
31

MOTION for Hearing - to Cancel Preliminary Injunction Hearing and Related Briefing by Andrew M. Cuomo. (Spiegelman, Todd) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

RECAP

Order on Motion for Hearing

Feb. 3, 2021

Feb. 3, 2021

PACER

ORDER RE 34 MOTION for Reconsideration. The court will hold a telephonic status conference tomorrow, February 5, 2021 at 11:00 a.m. regarding defendant's proposed injunction. The parties should dial into the status conference by calling 1-888-684-8852 and entering the following access code: 1312089. The parties are directed to inform the court at this conference of the status of their good faith negotiations. Ordered by Judge Kiyo A. Matsumoto on 2/4/2021. (Urquiola, Rebecca)

Feb. 4, 2021

Feb. 4, 2021

PACER

ORDER granting 33 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Kiyo A. Matsumoto on 2/4/2021. (Urquiola, Rebecca)

Feb. 4, 2021

Feb. 4, 2021

PACER
37

Exhibit List - Plaintiff's Exhibit List for February 8, 2021 Hearing on Motion for Preliminary Injunction by Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Yisroel Reisman, Steven Saphirstein. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R) (Schick, Avi) (Entered: 02/04/2021)

Feb. 4, 2021

Feb. 4, 2021

PACER
36

Witness List by Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Yisroel Reisman, Steven Saphirstein (Schick, Avi) (Entered: 02/04/2021)

Feb. 4, 2021

Feb. 4, 2021

PACER
35

MEMORANDUM in Support re Status Conference,,,, Plaintiff's Pre-Hearing Memorandum of Law in support of Motion for Preliminary Injunction filed by Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Yisroel Reisman, Steven Saphirstein. (Attachments: # 1 Exhibit Declaration of Timothy P. Flanigan M.D.) (Schick, Avi) (Entered: 02/04/2021)

Feb. 4, 2021

Feb. 4, 2021

RECAP
34

MOTION for Reconsideration re Order on Motion for Hearing,,,,,,,,, to reconsider decision denying Defendant's request to cancel the preliminary injunction hearing based on Defendant's consent to the issuance of a preliminary injunction under specific terms by Andrew M. Cuomo. (Spiegelman, Todd) )VACATED pursuant to electronic Order of Judge Matsumoto dated 2/9/2021 . This entry has been modified on 2/18/2021 to indicate order 34 has been vacated. (Tavarez, Jennifer). (Entered: 02/04/2021)

Feb. 4, 2021

Feb. 4, 2021

RECAP
33

Notice of MOTION to Appear Pro Hac Vice of William A. Smith Filing fee $ 150, receipt number ANYEDC-14099031. by Agudath Israel of America, Agudath Israel of Bayswater, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Steven Saphirstein. (Attachments: # 1 Affidavit in Support, # 2 Certificate of Good Standing) (Smith, William) (Entered: 02/04/2021)

Feb. 4, 2021

Feb. 4, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Feb. 4, 2021

Feb. 4, 2021

PACER

Order(Other)

Feb. 4, 2021

Feb. 4, 2021

PACER
41

RESPONSE to Motion re 39 Letter MOTION for Preliminary Injunction setting forth Defendant's requested revisions to the Proposed Order filed by Andrew M. Cuomo. (Spiegelman, Todd) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER

ORDER RE 39 Letter Motion for Preliminary Injunction. As per plaintiff's letter, defendant contests one sentence in the proposed preliminary injunction order. Defendant is ordered to submit information pertinent to the proposed order and any proposed amendments, if any, by noon on Sunday, February 7, 2021. Ordered by Judge Kiyo A. Matsumoto on 2/5/2021. (Urquiola, Rebecca)

Feb. 5, 2021

Feb. 5, 2021

PACER
40

NOTICE of Appearance by William Alexander Smith on behalf of All Plaintiffs (notification declined or already on case) (Smith, William) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER
39

Letter MOTION for Preliminary Injunction by Agudath Israel of America, Agudath Israel of Bayswater, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Steven Saphirstein. (Attachments: # 1 Proposed Order) (Schick, Avi) VACATED pursuant to electronic Order of Judge Matsumoto dated 2/9/2021 . This entry has been modified on 2/18/2021 to indicate order 39 has been vacated. (Tavarez, Jennifer) (Entered: 02/05/2021)

1 Proposed Order

View on RECAP

Feb. 5, 2021

Feb. 5, 2021

RECAP

Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Status Conference held on 2/5/2021. Appearances: Avi David Schick, Esq. for the Plaintiffs; Todd Alan Spiegelman, Esq. for the Defendant. The court ordered that the parties file a joint proposed order granting an injunction via ECF pursuant to Federal Rule of Civil Procedure 65 (d) by 2 p.m. today. The court also adjourned the video hearing regarding Executive Order 202.68's 25% and 33% capacity limits on houses of worship scheduled for Monday, February 8, 2021 at 9:30 a.m. The court will instead conduct a status conference on Monday, February 8, 2021 at 10:00 a.m. The parties should dial into the status conference by calling 1-888-684-8852 and entering the following access code: 1312089. (Court Reporter David Roy.) (Urquiola, Rebecca)

Feb. 5, 2021

Feb. 5, 2021

PACER
38

MOTION in Limine to Exclude Testimony of Howard Zucker and Bryon Backenson from Preliminary Injunction Hearing by Andrew M. Cuomo. (Spiegelman, Todd) VACATED pursuant to electronic Order of Judge Matsumoto dated 2/9/2021. This entry has been modified on 2/18/2021 to indicate order 38 has been vacated. (Tavarez, Jennifer). (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

RECAP

Status Conference

Feb. 5, 2021

Feb. 5, 2021

PACER

Order(Other)

Feb. 5, 2021

Feb. 5, 2021

PACER
42

Letter to the Hon. Judge Kiyo Matsumoto regarding Status Conference by Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Yisroel Reisman, Steven Saphirstein (Schick, Avi) (Entered: 02/07/2021)

Feb. 7, 2021

Feb. 7, 2021

RECAP
43

RESPONSE in Opposition re 39 Letter MOTION for Preliminary Injunction brief response to Plantiffs' Letter of February 7, 2021 filed by Andrew M. Cuomo. (Spiegelman, Todd) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

RECAP

ORDER vacating 34 Motion for Reconsideration; vacating 38 Motion in Limine; vacating 39 Motion for Preliminary Injunction. In light of this court's 44 Permanent Injunction Order, the pending motions have been vacated. Ordered by Judge Kiyo A. Matsumoto on 2/9/2021. (Urquiola, Rebecca)

Feb. 9, 2021

Feb. 9, 2021

PACER
44

Order and Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Status Conference held on 2/9/2021. Appearances: Avi David Schick, Esq. for the Plaintiffs; Todd Alan Spiegelman, Esq. for the Defendant. For the reasons stated in the Permanent Injunction Order, and in light of parties' submissions, this court grants a permanent injunction against enforcement of EO 202.68s 25% capacity or maximum of 10-people, and 33% capacity or maximum of 25-people limitations on houses of worship, respectively in red and orange zones. This Order shall apply to Defendant and all officers, agents, or employees responsible for enforcing Executive Order 202.68, and shall apply to the 10- and 25-person limitations and the 25% and 33% occupancy limits for all houses of worship, respectively in red and orange zones in New York State. The parties are directed to inform this court as to whether this court can close the case by Monday, March 1, 2021. (Court Reporter Linda Marino. (Urquiola, Rebecca) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

RECAP

Order on Motion for Reconsideration AND Order on Motion in Limine AND Order on Motion for Preliminary Injunction

Feb. 9, 2021

Feb. 9, 2021

PACER
45

MOTION for Extension of Time to File Application for Attorneys' Fees, with Consent by Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Yisroel Reisman, Steven Saphirstein. (Schick, Avi) (Entered: 02/21/2021)

Feb. 21, 2021

Feb. 21, 2021

PACER

Electronic Index to Record on Appeal sent to US Court of Appeals. 16 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Jones, Vasean)

Feb. 22, 2021

Feb. 22, 2021

PACER

ORDER granting 45 Motion for Extension of Time to File Application for Attorneys' Fees. The plaintiffs' application will be due on Tuesday, March 9, 2021. Ordered by Judge Kiyo A. Matsumoto on 2/22/2021. (Urquiola, Rebecca)

Feb. 22, 2021

Feb. 22, 2021

PACER

Order on Motion for Extension of Time to File

Feb. 22, 2021

Feb. 22, 2021

PACER

Electronic Index to Record on Appeal

Feb. 22, 2021

Feb. 22, 2021

PACER
46

NOTICE by Andrew M. Cuomo of the parties' positions on closing this case. (Spiegelman, Todd) (Entered: 03/01/2021)

March 1, 2021

March 1, 2021

PACER

ORDER RE 46 Notice by Andrew M. Cuomo of the parties' positions on closing this case. In light of the parties' 3/1/2021 letter, the parties are expected to notify this court by March 9, 2021 as to how they intend to resolve the issue of plaintiffs' attorneys' fees. Ordered by Judge Kiyo A. Matsumoto on 3/2/2021. (Urquiola, Rebecca)

March 2, 2021

March 2, 2021

PACER

Order(Other)

March 3, 2021

March 3, 2021

PACER

ORDER granting 47 Motion for Extension of Time to File. Upon consent by defendant, plaintiffs will submit the application for attorneys' fees by April 9, 2021. Ordered by Judge Kiyo A. Matsumoto on 3/5/2021. (Urquiola, Rebecca)

March 5, 2021

March 5, 2021

PACER
47

Second MOTION for Extension of Time to File Application for Attorneys' Fees, with Consent by Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Yisroel Reisman, Steven Saphirstein. (Schick, Avi) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER

Order on Motion for Extension of Time to File

March 5, 2021

March 5, 2021

PACER
48

MOTION for Extension of Time to File Application for Attorneys' Fees, with Consent by Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Yisroel Reisman, Steven Saphirstein. (Schick, Avi) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

PACER

Case Details

State / Territory: New York

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 8, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are an Orthodox Jewish group, Agudath Israel of America, and three synagogues in Brooklyn and Queens, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Agudath Israel of Bayswater, and their leaders.

Plaintiff Type(s):

Non-profit religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of New York, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

None

None yet

Source of Relief:

Litigation

None yet

None

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Issues

General:

Disparate Impact

Disparate Treatment

Religious programs / policies

Discrimination-basis:

Religion discrimination