7
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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)
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Oct. 8, 2020
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Oct. 8, 2020
PACER
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Case Assigned/Reassigned
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Oct. 8, 2020
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Oct. 8, 2020
PACER
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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)
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Oct. 8, 2020
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Oct. 8, 2020
PACER
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Order
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Oct. 8, 2020
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Oct. 8, 2020
PACER
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6
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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)
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Oct. 8, 2020
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Oct. 8, 2020
Clearinghouse
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5
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Summons Issued as to Andrew M. Cuomo. (Davis, Kimberly) (Entered: 10/08/2020)
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Oct. 8, 2020
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Oct. 8, 2020
RECAP
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4
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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)
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Oct. 8, 2020
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Oct. 8, 2020
PACER
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3
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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)
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Oct. 8, 2020
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Oct. 8, 2020
PACER
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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)
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Oct. 8, 2020
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Oct. 8, 2020
PACER
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2
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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
View on RECAP
2 Memorandum in Support
View on Clearinghouse
3 Declaration of Avi Schick
View on RECAP
4 Exhibit A
View on RECAP
5 Exhibit B
View on RECAP
6 Exhibit C
View on PACER
7 Exhibit D
View on PACER
8 Exhibit E
View on PACER
9 Exhibit F
View on PACER
10 Exhibit G
View on PACER
11 Exhibit H
View on PACER
12 Exhibit I
View on PACER
13 Exhibit J
View on PACER
14 Exhibit K
View on PACER
15 Exhibit L
View on PACER
16 Exhibit M
View on PACER
17 Affidavit of Aharon Weisenfeld
View on PACER
18 Affidavit of Avrohom Weinstock
View on PACER
19 Affidavit of Steven Saphirstein
View on PACER
20 Affidavit of Rabbi Menachem Feifer
View on PACER
21 Affidavit of Rabbi Yisroel Reisman
View on RECAP
22 Declaration of Avi Schick re: Notice
View on PACER
23 Declaration of Plaintiffs' Counsel Pursuant to Local Rule 6.1(d)
View on PACER
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Oct. 8, 2020
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Oct. 8, 2020
PACER
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1
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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
View on RECAP
2 Proposed Summons
View on RECAP
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Oct. 8, 2020
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Oct. 8, 2020
Clearinghouse
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Order(Other)
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Oct. 8, 2020
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Oct. 8, 2020
PACER
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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)
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Oct. 9, 2020
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Oct. 9, 2020
PACER
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Show Cause Hearing
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Oct. 9, 2020
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Oct. 9, 2020
PACER
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13
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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)
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Oct. 9, 2020
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Oct. 9, 2020
RECAP
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12
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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
View on RECAP
2 Exhibit B
View on RECAP
3 Exhibit C
View on RECAP
4 Exhibit D
View on RECAP
5 Exhibit E
View on RECAP
6 Exhibit F
View on RECAP
7 Exhibit G
View on RECAP
8 Exhibit H
View on PACER
9 Exhibit I
View on PACER
10 Exhibit J
View on PACER
11 Exhibit K
View on PACER
12 Exhibit L
View on PACER
13 Exhibit M
View on PACER
14 Exhibit N
View on PACER
15 Exhibit O
View on PACER
16 Exhibit P
View on PACER
17 Exhibit Q
View on PACER
18 Exhibit R
View on PACER
19 Exhibit S
View on PACER
20 Exhibit T
View on PACER
21 Exhibit U
View on PACER
22 Exhibit V
View on PACER
23 Exhibit W
View on PACER
24 Exhibit X
View on PACER
25 Exhibit Y
View on PACER
26 Exhibit Z
View on PACER
27 Exhibit AA
View on PACER
28 Exhibit BB
View on PACER
29 Exhibit CC
View on PACER
30 Exhibit DD
View on PACER
31 Exhibit EE
View on PACER
32 Exhibit FF
View on PACER
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Oct. 9, 2020
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Oct. 9, 2020
PACER
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11
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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)
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Oct. 9, 2020
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Oct. 9, 2020
Clearinghouse
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10
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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)
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Oct. 9, 2020
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Oct. 9, 2020
RECAP
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9
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NOTICE of Appearance by Todd Alan Spiegelman on behalf of All Defendants (aty to be noticed) (Spiegelman, Todd) (Entered: 10/09/2020)
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Oct. 9, 2020
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Oct. 9, 2020
RECAP
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8
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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)
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Oct. 9, 2020
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Oct. 9, 2020
PACER
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14
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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)
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Oct. 18, 2020
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Oct. 18, 2020
PACER
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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)
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Oct. 19, 2020
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Oct. 19, 2020
PACER
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16
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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)
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Oct. 19, 2020
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Oct. 19, 2020
RECAP
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15
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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)
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Oct. 19, 2020
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Oct. 19, 2020
RECAP
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Electronic Index to Record on Appeal
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Oct. 19, 2020
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Oct. 19, 2020
PACER
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17
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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. 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)
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Oct. 23, 2020
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Oct. 23, 2020
RECAP
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18
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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
View on PACER
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Nov. 3, 2020
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Nov. 3, 2020
Clearinghouse
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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)
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Nov. 4, 2020
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Nov. 4, 2020
PACER
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Order(Other)
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Nov. 4, 2020
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Nov. 4, 2020
PACER
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19
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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)
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Nov. 6, 2020
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Nov. 6, 2020
PACER
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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)
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Nov. 9, 2020
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Nov. 9, 2020
PACER
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Order on Motion for Pre Motion Conference AND Order(Other)
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Nov. 9, 2020
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Nov. 9, 2020
PACER
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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)
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Nov. 10, 2020
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Nov. 10, 2020
PACER
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20
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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. 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
View on RECAP
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Nov. 10, 2020
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Nov. 10, 2020
Clearinghouse
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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)
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Nov. 13, 2020
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Nov. 13, 2020
PACER
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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)
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Nov. 13, 2020
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Nov. 13, 2020
PACER
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22
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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)
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Nov. 13, 2020
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Nov. 13, 2020
RECAP
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21
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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)
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Nov. 13, 2020
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Nov. 13, 2020
RECAP
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Order(Other)
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Nov. 13, 2020
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Nov. 13, 2020
PACER
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Order on Motion for Pre Motion Conference AND Order on Motion to Adjourn Conference
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Nov. 13, 2020
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Nov. 13, 2020
PACER
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23
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RESPONSE to Motion re 22 Letter MOTION for Preliminary Injunction Pending Appeal filed by Andrew M. Cuomo. (Spiegelman, Todd) (Entered: 11/16/2020)
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Nov. 16, 2020
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Nov. 16, 2020
PACER
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24
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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
View on PACER
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Nov. 18, 2020
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Nov. 18, 2020
PACER
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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)
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Dec. 1, 2020
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Dec. 1, 2020
PACER
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Order(Other)
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Dec. 1, 2020
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Dec. 1, 2020
PACER
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25
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Joint MOTION to Stay Resolution of Plaintiffs' Motion for Preliminary Injunction Pending Appeal by Andrew M. Cuomo. (Spiegelman, Todd) (Entered: 12/04/2020)
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Dec. 4, 2020
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Dec. 4, 2020
RECAP
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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)
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Dec. 7, 2020
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Dec. 7, 2020
PACER
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Order on Motion to Stay
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Dec. 7, 2020
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Dec. 7, 2020
PACER
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26
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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. 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)
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Dec. 28, 2020
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Dec. 28, 2020
Clearinghouse
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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)
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Dec. 29, 2020
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Dec. 29, 2020
PACER
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Order(Other)
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Dec. 29, 2020
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Dec. 29, 2020
PACER
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27
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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)
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Dec. 31, 2020
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Dec. 31, 2020
PACER
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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)
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Jan. 4, 2021
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Jan. 4, 2021
PACER
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Order on Motion for Extension of Time to File
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Jan. 4, 2021
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Jan. 4, 2021
PACER
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28
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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)
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Jan. 11, 2021
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Jan. 11, 2021
PACER
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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)
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Jan. 19, 2021
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Jan. 19, 2021
PACER
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29
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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)
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Jan. 19, 2021
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Jan. 19, 2021
RECAP
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Order(Other)
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Jan. 19, 2021
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Jan. 19, 2021
PACER
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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)
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Jan. 25, 2021
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Jan. 25, 2021
PACER
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Order on Motion for Preliminary Injunction
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Jan. 25, 2021
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Jan. 25, 2021
PACER
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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)
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Jan. 26, 2021
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Jan. 26, 2021
PACER
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Status Conference
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Jan. 26, 2021
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Jan. 26, 2021
PACER
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30
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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)
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Jan. 28, 2021
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Jan. 28, 2021
PACER
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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)
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Feb. 2, 2021
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Feb. 2, 2021
PACER
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32
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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)
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Feb. 2, 2021
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Feb. 2, 2021
RECAP
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31
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MOTION for Hearing - to Cancel Preliminary Injunction Hearing and Related Briefing by Andrew M. Cuomo. (Spiegelman, Todd) (Entered: 02/02/2021)
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Feb. 2, 2021
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Feb. 2, 2021
RECAP
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Order on Motion for Hearing
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Feb. 3, 2021
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Feb. 3, 2021
PACER
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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)
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Feb. 4, 2021
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Feb. 4, 2021
PACER
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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)
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Feb. 4, 2021
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Feb. 4, 2021
PACER
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37
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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)
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Feb. 4, 2021
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Feb. 4, 2021
PACER
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36
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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)
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Feb. 4, 2021
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Feb. 4, 2021
PACER
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35
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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)
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Feb. 4, 2021
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Feb. 4, 2021
RECAP
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34
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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)
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Feb. 4, 2021
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Feb. 4, 2021
RECAP
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33
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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)
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Feb. 4, 2021
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Feb. 4, 2021
PACER
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Order on Motion for Leave to Appear Pro Hac Vice
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Feb. 4, 2021
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Feb. 4, 2021
PACER
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Order(Other)
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Feb. 4, 2021
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Feb. 4, 2021
PACER
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41
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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)
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Feb. 5, 2021
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Feb. 5, 2021
PACER
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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)
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Feb. 5, 2021
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Feb. 5, 2021
PACER
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40
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NOTICE of Appearance by William Alexander Smith on behalf of All Plaintiffs (notification declined or already on case) (Smith, William) (Entered: 02/05/2021)
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Feb. 5, 2021
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Feb. 5, 2021
PACER
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39
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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
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Feb. 5, 2021
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Feb. 5, 2021
RECAP
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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)
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Feb. 5, 2021
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Feb. 5, 2021
PACER
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38
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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)
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Feb. 5, 2021
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Feb. 5, 2021
RECAP
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Status Conference
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Feb. 5, 2021
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Feb. 5, 2021
PACER
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Order(Other)
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Feb. 5, 2021
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Feb. 5, 2021
PACER
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42
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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)
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Feb. 7, 2021
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Feb. 7, 2021
RECAP
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43
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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)
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Feb. 8, 2021
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Feb. 8, 2021
RECAP
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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)
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Feb. 9, 2021
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Feb. 9, 2021
PACER
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44
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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)
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Feb. 9, 2021
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Feb. 9, 2021
Clearinghouse
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Order on Motion for Reconsideration AND Order on Motion in Limine AND Order on Motion for Preliminary Injunction
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Feb. 9, 2021
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Feb. 9, 2021
PACER
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45
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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)
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Feb. 21, 2021
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Feb. 21, 2021
PACER
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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)
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Feb. 22, 2021
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Feb. 22, 2021
PACER
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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)
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Feb. 22, 2021
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Feb. 22, 2021
PACER
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Order on Motion for Extension of Time to File
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Feb. 22, 2021
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Feb. 22, 2021
PACER
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Electronic Index to Record on Appeal
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Feb. 22, 2021
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Feb. 22, 2021
PACER
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46
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NOTICE by Andrew M. Cuomo of the parties' positions on closing this case. (Spiegelman, Todd) (Entered: 03/01/2021)
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March 1, 2021
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March 1, 2021
PACER
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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)
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March 2, 2021
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March 2, 2021
PACER
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Order(Other)
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March 3, 2021
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March 3, 2021
PACER
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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)
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March 5, 2021
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March 5, 2021
PACER
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47
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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)
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March 5, 2021
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March 5, 2021
PACER
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Order on Motion for Extension of Time to File
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March 5, 2021
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March 5, 2021
PACER
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48
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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)
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April 5, 2021
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April 5, 2021
PACER
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