Case: Seaport House Hopkins v. Cuomo

1:20-cv-10932 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 25, 2020

Closed Date: May 11, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This putative class action was filed on December 25, 2020 by a New York business, a non-profit, and an individual resident, seeking an injunction against the state's COVID-19 dining policies and a declaration that the state's rules violated the U.S. Constitution, the New York Constitution, and state law. The court denied the plaintiffs' motion for a temporary restraining order in January 2021, denied the plaintiffs' motion for a preliminary injunction in February, and dismisse…

COVID-19 Summary: This putative class action was filed on December 25, 2020 by a New York business, a non-profit, and an individual resident, seeking an injunction against the state's COVID-19 dining policies and a declaration that the state's rules violated the U.S. Constitution, the New York Constitution, and state law. The court denied the plaintiffs' motion for a temporary restraining order in January 2021, denied the plaintiffs' motion for a preliminary injunction in February, and dismissed the case in April 2021.


This case is about the constitutionality of the measures taken by the executive branch of the New York state government and New York City municipal government in response to the COVID-19 pandemic. On December 25, 2020, a New York limited liability company, a non-profit entity, and an individual resident of the state, each involved with the New York city restaurant industry, filed this putative class action lawsuit in the United States District Court for the Southern District of New York. They sued the Governor of New York, the New York City Department of Finance, the New York City Sheriff's Department, and the Mayor of New York City under 42 U.S.C. § 1983 on behalf of themselves and all similarly situated parties. Represented by private counsel, the plaintiffs sought a class certification, an injunction against the Governor's executive orders prohibiting all in-person dining from 10:00 p.m. to 5:00 a.m. in New York City and suspending all indoor dining in the city, a declaration that the orders are unconstitutional, and preliminary relief enjoining enforcement of the order.

The plaintiffs asserted that dining orders violated their First Amendment rights to assemble and to protest the government, infringed on the powers of the federal government to regulate interstate commerce, and violated their Fourteenth Amendment procedural due process rights. In addition, the plaintiffs also alleged that the state legislature's delegation of legislative power to the governor violated the nondelegation doctrine of the New York State Constitution and that the orders violated Section 28 of the New York Executive Law. The case was initially assigned to Judge Colleen McMahon but was reassigned to Judge Paul A. Crotty before any judicial orders were filed.

On December 30, 2020, the plaintiffs filed an emergency motion for a temporary restraining order and preliminary injunction. On January 8, 2021, the court denied the motion for a preliminary injunction. The court noted that when an injunction would affect government action taken in the public interest pursuant to a statute or regulatory scheme, the moving party must demonstrate irreparable harm absent injunctive relief, a likelihood of success on the merits, and public interest weighing in favor of an injunction. The court stated that the plaintiffs' motion failed to meet the irreparable harm and public interest factors. According to the court, the plaintiffs' nearly three week delay between the governor's banning of indoor dining and the motion for a temporary restraining order indicated that the plaintiffs' alleged harm is not irreparable. Regarding the public interest prong, the court stated, given that judges are not public health experts, that it gives a presumption of validity to prophylactic measures designed to protect the public from COVID-19. The court's order did not express a view on the merits' of the plaintiffs' motion for a preliminary injunction.

The plaintiffs' preliminary injunction motion requested that all New York City restaurants be permitted to operate at 50% indoor dining capacity and to allow all New York restaurants to be able to serve customers until midnight, arguing that the current policy violates the Fourteenth Amendment's Due Process Clause, the Dormant Commerce Clause, and the First Amendment. On February 9, 2021, the court denied the plaintiffs' motion for a preliminary injunction. 18 F.Supp.3d 705. The court again noted the three factors that the moving party must demonstrate under the facts of this case to receive preliminary relief: (1) irreparable harm absent relief; (2) a likelihood of success on the merits; and (3) public interest weighing in favor of the granting of the injunction.

The court stated that the plaintiffs' constitutional claims were not likely to succeed on the merits. Citing relevant case law, the court asserted that the plaintiffs would need to show that the New York City dining policy has no substantial relation to the public welfare and that it is a plain invasion of fundamental rights. The court concluded that the plaintiffs had not met this standard, since the policy was related to curbing the transmission of COVID-19 and that the plaintiffs' requested relief (50% indoor capacity) showed that some public health regulation of restaurants is constitutional. The court also stated that since none of the plaintiffs' constitutional claims were viable, that the court must apply rational basis review. The court concluded that the dining policy easily passed rational basis scrutiny since it was premised on a rational scientific basis related to mitigating the transmission of COVID-19.

The court also analyzed the irreparable harm prong of the preliminary relief standard. The court concluded that the plaintiffs had not established a likelihood of irreparable injury absent injunctive relief since all of the injuries alleged by the plaintiffs are monetary, which are not grounds for a preliminary injunction. On the public interest prong, the court stated that the dining policy effectuated a compelling public interest by attempting to curb the transmission of COVID-19. The court noted that the principles of federalism, separation of powers, and judicial modesty demanded that the court respect the decisions of New York state lawmakers and not try control state responses from the federal bench.

On April 2, 2021, the defendants filed a motion to dismiss the complaint for lack of subject matter jurisdiction and for a failure to state a claim for which relief may be granted. On April 11, 2021, the court granted the motion to dismiss. While the defendants asserted that the plaintiffs' claims were moot because restaurants were allowed to reopen at 50% capacity starting in March 2021, the court stated that the claims were not moot since the governor could still reintroduce COVID-19 restrictions on restaurants. However, the court did dismiss the federal constitutional claims for a failure to state a claim for which relief can be granted. The court incorporated the same reasoning as it used in deciding the preliminary injunction motion as for the motion to dismiss regarding the constitutional claims. On the remaining two state law claims, the court stated that Supreme Court precedent holds that sovereign immunity prohibits federal courts from entering injunctions against state officials on the basis of state law, even if brought into court under supplemental jurisdiction. Therefore, the state claims were dismissed for lack of jurisdiction. The case is now closed.

Summary Authors

Nicholas Gillan (10/31/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/24253179/parties/dba-seaport-house-hopkins-hawley-llc-v-cuomo/


Judge(s)

Crotty, Paul Austin (New York)

Attorneys(s) for Plaintiff

Ilganayev, Migir (New York)

Khatibi, Kian Daniel (New York)

Attorneys(s) for Defendant

Devine, Kerry Ann (New York)

Farber, Seth J (New York)

Schonfeld, Samantha Michelle (New York)

Judge(s)

Crotty, Paul Austin (New York)

Attorneys(s) for Plaintiff

Ilganayev, Migir (New York)

Khatibi, Kian Daniel (New York)

Attorneys(s) for Defendant

Devine, Kerry Ann (New York)

Farber, Seth J (New York)

Schonfeld, Samantha Michelle (New York)

Documents in the Clearinghouse

Document

1:20-cv-10932

Docket [PACER]

Seaport House v. Cuomo

May 27, 2021

May 27, 2021

Docket
1

1:20-cv-10932

Verified Complaint

Seaport House v. Cuomo

Dec. 25, 2020

Dec. 25, 2020

Complaint
17

1:20-cv-10932

Plaintiffs' Memorandum of Law in Support of Their Application for a Temporary Restraining Order, Equitable Relief and Order to Show Cause Why a Preliminary Injunction Should Not Be Issued

Seaport House v. Cuomo

Dec. 30, 2020

Dec. 30, 2020

Pleading / Motion / Brief
32

1:20-cv-10932

Order

Seaport House v. Cuomo

Jan. 8, 2021

Jan. 8, 2021

Order/Opinion
45

1:20-cv-10932

Plaintiffs' Supplemental Memorandum in Support of Their Motion for Preliminary Injunction

Seaport House v. Cuomo

Jan. 28, 2021

Jan. 28, 2021

Pleading / Motion / Brief
57

1:20-cv-10932

Opinion and Order

Seaport House v. Cuomo

Feb. 9, 2021

Feb. 9, 2021

Order/Opinion
65

1:20-cv-10932

City Defendants' Memorandum of Law in Support of Their Motion to Dismiss the Complaint

Seaport House v. Cuomo

April 2, 2021

April 2, 2021

Pleading / Motion / Brief
69

1:20-cv-10932

Opinion & Order

Seaport House v. Cuomo

May 11, 2021

May 11, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/24253179/dba-seaport-house-hopkins-hawley-llc-v-cuomo/

Last updated Aug. 14, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Andrew Cuomo, Bill De Blasio, NYC Department of Finance, NYC Sheriff Department. (Filing Fee $ 402.00, Receipt Number ANYSDC-23215288)Document filed by SEAPORT HOUSE, COSTIN TARSOAGA, THE GREATER NEW YORK MERCHANTS ALLIANCE,..(Ilganayev, Migir) (Entered: 12/26/2020)

Dec. 25, 2020

Dec. 25, 2020

RECAP
2

FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Ilganayev, Migir) Modified on 12/28/2020 (pc). (Entered: 12/26/2020)

Dec. 26, 2020

Dec. 26, 2020

PACER
3

NOTICE OF APPEARANCE by Kian Daniel Khatibi on behalf of SEAPORT HOUSE, THE GREATER NEW YORK MERCHANTS ALLIANCE,..(Khatibi, Kian) (Entered: 12/26/2020)

Dec. 26, 2020

Dec. 26, 2020

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Migir Ilganayev. The party information for the following party/parties has been modified: Andrew Cuomo, Bill De Blasio, NYC Department of Finance, NYC Sheriff Department, SEAPORT HOUSE, COSTIN TARSOAGA, THE GREATER NEW YORK MERCHANTS ALLIANCE. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party role was entered incorrectly; party text was omitted; alias party name was omitted;. (pc)

Dec. 28, 2020

Dec. 28, 2020

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Migir Ilganayev. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 950 (Constitutional - State Statute);. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 440 (Civil Rights: Other);. (pc)

Dec. 28, 2020

Dec. 28, 2020

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Migir Ilganayev to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Do not fill out the citizenship of principal parties if Federal Question Basis of Jurisdiction is selected. (pc)

Dec. 28, 2020

Dec. 28, 2020

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)

Dec. 28, 2020

Dec. 28, 2020

PACER

Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)

Dec. 28, 2020

Dec. 28, 2020

PACER

Case Designated ECF. (pc)

Dec. 28, 2020

Dec. 28, 2020

PACER
4

FIRST MOTION for Leave to Appear Attorney's Notice of Appearance . Document filed by Joseph Daniel McBride..(McBride, Joseph) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
5

LETTER addressed to Judge Colleen McMahon from Migir Ilganayev re: EXHIBIT C to the Plaintiff's Complaint. Document filed by Costin Tarsoaga, The Greator New York Merchant's Alliance, d/b/a Seaport House (Hopkins Hawley LLC)..(Ilganayev, Migir) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
6

CIVIL COVER SHEET filed..(Ilganayev, Migir) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
7

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Governor Andrew Cuomo, re: 1 Complaint,. Document filed by Costin Tarsoaga, The Greator New York Merchant's Alliance, d/b/a Seaport House (Hopkins Hawley LLC)..(Ilganayev, Migir) Modified on 12/30/2020 (dnh). (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
8

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Mayor Bill De Blasio, re: 1 Complaint,. Document filed by Costin Tarsoaga, The Greator New York Merchant's Alliance, d/b/a Seaport House (Hopkins Hawley LLC)..(Ilganayev, Migir) Modified on 12/30/2020 (dnh). (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
9

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to NYC Dept. of Finance, re: 1 Complaint,. Document filed by Costin Tarsoaga, The Greator New York Merchant's Alliance, d/b/a Seaport House (Hopkins Hawley LLC)..(Ilganayev, Migir) Modified on 12/30/2020 (dnh). (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
10

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to NYC Sheriff's Dept., re: 1 Complaint,. Document filed by Costin Tarsoaga, The Greator New York Merchant's Alliance, d/b/a Seaport House (Hopkins Hawley LLC)..(Ilganayev, Migir) Modified on 12/30/2020 (dnh). (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER

Notice to Attorney Regarding Party Modification

Dec. 28, 2020

Dec. 28, 2020

PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

Dec. 28, 2020

Dec. 28, 2020

PACER

Notice to Attorney Regarding Deficient Civil Cover Sheet

Dec. 28, 2020

Dec. 28, 2020

PACER

Case Opening Initial Assignment Notice

Dec. 28, 2020

Dec. 28, 2020

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Migir Ilganayev to RE-FILE Document No. 10 Request for Issuance of Summons, 7 Request for Issuance of Summons, 9 Request for Issuance of Summons, 8 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party names must appear on the summons PDF and in the 'as to' docket entry text exactly as they appear in the pleading caption. Do not abbreviate party names. Party text is not required on the summons PDF but if it is included, it must appear exactly as it does in the pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)

Dec. 30, 2020

Dec. 30, 2020

PACER
11

REQUEST FOR ISSUANCE OF SUMMONS as to ANDREW CUOMO, in his personal and official capacity as Governor of the State of New York, re: 1 Complaint,. Document filed by Costin Tarsoaga, The Greator New York Merchant's Alliance, d/b/a Seaport House (Hopkins Hawley LLC)..(Ilganayev, Migir) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
12

REQUEST FOR ISSUANCE OF SUMMONS as to MAYOR De BLASIO, in his personal and official capacity as Mayor of The City of New York, re: 1 Complaint,. Document filed by Costin Tarsoaga, The Greator New York Merchant's Alliance, d/b/a Seaport House (Hopkins Hawley LLC)..(Ilganayev, Migir) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
13

REQUEST FOR ISSUANCE OF SUMMONS as to THE NEW YORK CITY DEPARTMENT OF FINANCE, re: 1 Complaint,. Document filed by Costin Tarsoaga, The Greator New York Merchant's Alliance, d/b/a Seaport House (Hopkins Hawley LLC)..(Ilganayev, Migir) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
14

REQUEST FOR ISSUANCE OF SUMMONS as to THE NEW YORK CITY SHERIFFS DEPARTMENT, re: 1 Complaint,. Document filed by Costin Tarsoaga, The Greator New York Merchant's Alliance, d/b/a Seaport House (Hopkins Hawley LLC)..(Ilganayev, Migir) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
15

***SELECTED PARTIES***FIRST LETTER addressed to Judge Colleen McMahon from Joseph McBride dated 12/30/2020 Document filed by All Defendants.Motion or Order to File Under Seal: 15 .(McBride, Joseph) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
16

EMERGENCY MOTION for Temporary Restraining Order . Document filed by Costin Tarsoaga, The Greator New York Merchant's Alliance, d/b/a Seaport House (Hopkins Hawley LLC). Return Date set for 12/31/2020 at 02:00 PM..(Ilganayev, Migir) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
17

MEMORANDUM OF LAW in Support re: 16 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Costin Tarsoaga, The Greator New York Merchant's Alliance, d/b/a Seaport House (Hopkins Hawley LLC)..(Ilganayev, Migir) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

RECAP
18

AFFIRMATION of Migir Ilganayev, Esq. and Kian D. Khatibi, Esq. in Support re: 16 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Costin Tarsoaga, The Greator New York Merchant's Alliance, d/b/a Seaport House (Hopkins Hawley LLC)..(Ilganayev, Migir) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
19

DECLARATION of Kian D. Khatibi in Support re: 16 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Costin Tarsoaga, The Greator New York Merchant's Alliance, d/b/a Seaport House (Hopkins Hawley LLC)..(Ilganayev, Migir) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Dec. 30, 2020

Dec. 30, 2020

PACER
20

LETTER addressed to Judge Colleen McMahon from Migir Ilganayev dated 12/31/2020 re: EMERGENCY ORDER TO SHOW CAUSE TODAY. Document filed by Costin Tarsoaga, The Greator New York Merchant's Alliance, d/b/a Seaport House (Hopkins Hawley LLC)..(Ilganayev, Migir) (Entered: 12/31/2020)

Dec. 31, 2020

Dec. 31, 2020

RECAP

NOTICE OF CASE REASSIGNMENT to Judge Paul A. Crotty. Judge Colleen McMahon is no longer assigned to the case. (ad)

Jan. 4, 2021

Jan. 4, 2021

PACER

Notice of Case Assignment/Reassignment

Jan. 4, 2021

Jan. 4, 2021

PACER
21

ORDER: Plaintiffs move for a Temporary Restraining Order and Preliminary Injunction enjoining Governor Cuomo's latest COVID-19 restrictions on restaurant dining in New York City. Plaintiffs are directed to serve defendants with their complaint and moving papers forthwith. The Court will convene a telephonic status conference on Wednesday, January 6, 2021 at 11:00 AM to discuss the next steps. The counsel representing the state and city entities should participate in the telephonic conference. The dial-in is 888-363-4749 and the access code is 8359662. SO ORDERED. (Signed by Judge Paul A. Crotty on 1/5/2021) ( Telephone Conference set for 1/6/2021 at 11:00 AM before Judge Paul A. Crotty.) (ks) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

RECAP
22

ELECTRONIC SUMMONS ISSUED as to The New York City Sheriff's Department..(gp) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
23

ELECTRONIC SUMMONS ISSUED as to The New York City Department of Finance..(gp) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
24

ELECTRONIC SUMMONS ISSUED as to Mayor De Blasio..(gp) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
25

ELECTRONIC SUMMONS ISSUED as to Andrew Cuomo..(gp) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
26

CERTIFICATE OF SERVICE of Summons and Complaint,. Andrew Cuomo served on 1/5/2020, answer due 1/26/2020; Mayor De Blasio served on 1/5/2020, answer due 1/26/2020; The New York City Department of Finance served on 1/5/2020, answer due 1/26/2020; The New York City Sheriff's Department served on 1/5/2020, answer due 1/26/2020. Document filed by d/b/a Seaport House (Hopkins Hawley LLC); Costin Tarsoaga; The Greator New York Merchant's Alliance..(Ilganayev, Migir) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
27

NOTICE OF APPEARANCE by Kerri Ann Devine on behalf of Mayor De Blasio..(Devine, Kerri) (Entered: 01/06/2021)

Jan. 6, 2021

Jan. 6, 2021

PACER
28

NOTICE OF APPEARANCE by Kerri Ann Devine on behalf of The New York City Department of Finance..(Devine, Kerri) (Entered: 01/06/2021)

Jan. 6, 2021

Jan. 6, 2021

PACER
29

NOTICE OF APPEARANCE by Kerri Ann Devine on behalf of The New York City Sheriff's Department..(Devine, Kerri) (Entered: 01/06/2021)

Jan. 6, 2021

Jan. 6, 2021

PACER
30

NOTICE OF APPEARANCE by Samantha Michelle Schonfeld on behalf of Mayor De Blasio, The New York City Department of Finance, The New York City Sheriff's Department..(Schonfeld, Samantha) (Entered: 01/06/2021)

Jan. 6, 2021

Jan. 6, 2021

PACER
31

NOTICE OF APPEARANCE by Seth Jonathan Farber on behalf of Andrew Cuomo..(Farber, Seth) (Entered: 01/06/2021)

Jan. 6, 2021

Jan. 6, 2021

PACER

Minute Entry for proceedings held before Judge Paul A. Crotty: Telephonic Status Conference held on 1/6/2021. REMARK: Kian Khatibi and Migir Ilganayev appeared for the plaintiffs. Seth Farber appeared for the State. Kerri Devine and Samantha schonfeld appeared for the city. The Court granted Mr. McBride's motion to withdraw as counsel for plaintiffs. The Court denied plaintiffs TRO application for a Preliminary Injunction. The Court set the following schedule: City and State responses are due by January 13, 2021. Plaintiffs' replies due by January 19, 2021. Argument will be held on January 21, 2021 at 12:30 PM. See transcript for details. (Court Reporter Michael McDaniel) (dgo)

Jan. 6, 2021

Jan. 6, 2021

PACER

Status Conference

Jan. 7, 2021

Jan. 7, 2021

PACER
32

ORDER denying 16 Motion for TRO. For the reasons stated on the record, Plaintiffs' TRO request is DENIED. In denying the TRO request, the Court expresses no view on the merits of Plaintiffs' pending application for a Preliminary Injunction. The state and city entities are directed to respond to the Preliminary Injunction application by January 13. The Plaintiffs are directed to reply by January 19. A virtual hearing on the Preliminary Injunction motion will be held on January 21 at 12:30 PM. SO ORDERED.. (Signed by Judge Paul A. Crotty on 1/8/2021) (ks) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

RECAP

Set/Reset Deadlines: ( Responses due by 1/13/2021, Replies due by 1/19/2021.), Set/Reset Hearings:( Telephone Conference set for 1/21/2021 at 12:30 PM before Judge Paul A. Crotty.) (ks)

Jan. 8, 2021

Jan. 8, 2021

PACER
33

INTERNET CITATION NOTE: Material from decision with Internet citation re: 32 Order on Motion for TRO. (sjo) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER
34

DECLARATION of Samantha Schonfeld in Opposition re: 16 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Mayor De Blasio, The New York City Department of Finance, The New York City Sheriff's Department. (Attachments: # 1 Exhibit "A" State Exec. Order 202, # 2 Exhibit "B" State Exec. Order 202.3, # 3 Exhibit "C" State Exec. Order 202.5, # 4 Exhibit "D" State Exec. Order 202.6, # 5 Exhibit "E" State Exec. Order 202.41, # 6 Exhibit "F" State Exec. Order 202.48, # 7 Exhibit "G" State Exec. Order 202.61, # 8 Exhibit "H" State Exec. Order 202.74, # 9 Exhibit "I" State Exec. Order 202.81).(Devine, Kerri) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER
35

MEMORANDUM OF LAW in Opposition re: 16 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Mayor De Blasio, The New York City Department of Finance, The New York City Sheriff's Department..(Devine, Kerri) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

RECAP
36

DECLARATION of Dr. Jay Varma in Opposition re: 16 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Mayor De Blasio, The New York City Department of Finance, The New York City Sheriff's Department..(Devine, Kerri) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER
37

MEMORANDUM OF LAW in Opposition re: 16 EMERGENCY MOTION for Temporary Restraining Order . GOVERNOR ANDREW M. CUOMOS MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION. Document filed by Andrew Cuomo..(Farber, Seth) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

RECAP
38

DECLARATION of Debra S Blog MD MPH in Opposition re: 16 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Andrew Cuomo..(Farber, Seth) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER
39

DECLARATION of Debra S Blog MD MPH in Opposition re: 16 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Andrew Cuomo. (Attachments: # 1 Exhibit Exhibit A: WHO Scientific Brief: Transmission of SARS-CoV-2: Implications for Infection Prevention Precautions, # 2 Exhibit Exhibit B: WHOs Question and Answer Page regarding Coronavirus Disease (COVID-19): How is it Transmitted?., # 3 Exhibit Ex C - CDCs Media Statement on Updates to How COVID is Spread, # 4 Exhibit Ex D - CDCs Cleaning and Disinfection for Households, Detailed Disinfection Guidance, # 5 Exhibit Ex E - CDCs Social Distancing, # 6 Exhibit Ex F - Considerations for Restaurant and Bar Operators, Ctrs. For Disease Control & Prevention (updated December 16, 2020)., # 7 Exhibit Ex G - Seattle Times article, Infected after 5 minutes, from 20 feet away: South Korea study shows coronaviruss spread indoors, # 8 Exhibit Ex H - Kwon KS, Park JI, Park YJ, Jung DM, Ryu KW, Lee JH. Evidence of Long-Distance Droplet Transmission of SARS-CoV-2 by Direct Air Flow in a Restaurant in Korea; J Korean Med Sci. 2020 Nov;35(46):e415, # 9 Exhibit Ex I - Lu, Jianyun, et al., COVID-19 Outbreak Associated with Air Conditioning in Restaurant, Guangzhou, China, 2020. Emerging Infectious Diseases vol. 26,7 (2020): 1628-1631, # 10 Exhibit Ex J - Can Air Conditioners Spread COVID-19?, Natl Pub. Radio (Aug. 15, 2020)., # 11 Exhibit Ex K - Gee, Emily, et al., A New Strategy to Contain the Coronavirus, Ctr. For Am. Progress (Aug. 6, 2020)., # 12 Exhibit Ex L - Steinhauer, Jennifer, The Nation Wanted to Eat Out Again. Everyone Has Paid the Price, N.Y. Times (Aug. 12, 2020; updated September 9, 2020), (discussing data showing community COVID-19 outbreaks in cities and states that permitted indoor dining stemmed from bars and restaurants)., # 13 Exhibit Ex M - Fisher, Kiva, et al., Community and Close Contact Exposures Associated with COVID-19 Among Symptomatic Adults 18 Years in 11 Outpatient Health Care FacilitiesUnited States (July 2020)., # 14 Exhibit Ex N - Proceedings of the National Academy of Sciences Identifying Airborne Transmission as the Dominant Route for the Spread of COVID-19., # 15 Exhibit Ex O - The Hill article, Mask Mandates are Constitutionally Permissible (July 31, 2020)., # 16 Exhibit Ex P - Governor Cuomos announcement on December 16, 2020, # 17 Exhibit Ex R - Hamidi, Shima, Sabouri, Sadegh & Ewing, Reid, Does Density Aggravate the COVID-19 Pandemic?, Journal of the American Planning Association (2020), (preliminary study finding no correlation between density and COVID-19 infections, but finding that connectivity between counties matters more than county density for pandemic spread and lethality and that [t]he more connected the places (either compact or sprawling) in large metropolitan areas are, the harder they are hit by the pandemic)., # 18 Exhibit Ex S - CDC Testing Strategy for Coronavirus (COVID-19) in High-Density Critical Infrastructure Workplaces after a COVID-19 Case Is Identified, # 19 Exhibit Ex T - Governor Cuomos Executive Order 202.81, # 20 Exhibit Ex U - Governor Cuomos Executive Order 202.89, # 21 Exhibit Ex V - New York City issued FAQs., # 22 Exhibit Ex W - Guidance from the New York State Liquor Authority., # 23 Exhibit Exhibit X: DOH Summary and Master Guidance on EO 202.61, # 24 Exhibit Exhibit Y: USA Today Article: Why are bars hotspots for COVID-19., # 25 Exhibit Exhibit Z: Open Letter to WHO, # 26 Exhibit Exhibit AA: NPR/Kaiser Health News Article: Deadly Mix: How Bars are Fueling COVID-19 Outbreaks, # 27 Exhibit Exhibit BB: Food Service Guidance, # 28 Exhibit Exhibit CC: WHO Situation Report 1., # 29 Exhibit Exhibit DD: WHO Novel Coronavirus (2019-nCoV) Situation Report 3., # 30 Exhibit Exhibit EE: Statement on the Second Meeting of the International Health Regulations (2005) Emergency Committee Regarding the Outbreak of Novel Coronavirus (2019-nCoV)., # 31 Exhibit Exhibit FF: WHO Director-Generals Opening Remarks at the Media Briefing on COVID-19, # 32 Exhibit Exhibit GG - National Emergency Proclamation signed by President Trump on March 13, 2020, # 33 Exhibit Exhibit HH: Governor Cuomos Executive Order 202, # 34 Exhibit Exhibit II: Governor Cuomos Executive Order 202.1, # 35 Exhibit Exhibit JJ: Governor Cuomos Executive Order 202.3, # 36 Exhibit Exhibit KK: Governor Cuomos Executive Order 202.4, # 37 Exhibit Exhibit LL: Governor Cuomos Executive Order 202.5, # 38 Exhibit Exhibit MM: Governor Cuomos Executive Order 202.6, # 39 Exhibit Exhibit NN: Governors March 20, 2020 Press Release detailing the New York State on PAUSE Plan., # 40 Exhibit Exhibit OO: Governor Cuomos Executive Order 202.16., # 41 Exhibit Exhibit PP: Governors Cuomos Executive Order 202.17, # 42 Exhibit Exhibit QQ: Governors Cuomos Executive Order 202.34, # 43 Exhibit Exhibit RR: Governor Cuomos announcement of the UK strain in New York).(Farber, Seth) (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

PACER
40

DECLARATION of Dr Debra Blog in Opposition re: 16 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Andrew Cuomo. (Attachments: # 1 Exhibit Ex Q - Kadi, Nadjat & Khelfaoui, Mounia, Population density, a factor in the spread of COVID-19 in Algeria: statistical study, Bulletin of the National Research Centre, Vo. 44.1 (2020), (finding correlation between population density and number of COVID-19 cases).).(Farber, Seth) (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

PACER
41

AMENDED MEMORANDUM OF LAW in Opposition re: 16 EMERGENCY MOTION for Temporary Restraining Order . GOVERNOR ANDREW M. CUOMOS CORRECTED MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION. Document filed by Andrew Cuomo..(Farber, Seth) (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

RECAP
42

ENDORSED LETTER addressed to Judge Colleen McMahon from Joseph D. McBride, Esq. dated December 30, 2020 re: letter requesting leave to withdraw as attorney. ENDORSEMENT: Leave to withdraw as attorney of record is granted. SO ORDERED.., (Signed by Judge Paul A. Crotty on 1/19/2021) Attorney Joseph Daniel McBride terminated. (ks) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER
43

LETTER addressed to Judge Paul A. Crotty from Migir Ilganayev and Kian D. Khatibi dated 01/20/2021 re: PLAINTIFFS' REPLY. Document filed by Costin Tarsoaga, The Greator New York Merchant's Alliance, d/b/a Seaport House (Hopkins Hawley LLC)..(Ilganayev, Migir) (Entered: 01/20/2021)

Jan. 20, 2021

Jan. 20, 2021

PACER
44

REPLY to Response to Motion re: 16 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Costin Tarsoaga, The Greator New York Merchant's Alliance, d/b/a Seaport House (Hopkins Hawley LLC)..(Ilganayev, Migir) (Entered: 01/20/2021)

Jan. 20, 2021

Jan. 20, 2021

PACER

CALENDAR ENTRY **REMINDER**: Oral Argument scheduled to go forward on: Thursday, January 21, 2021 @ 12:30 PM, via teleconference before Judge Paul A. Crotty, U.S.D.J. Dial-in: 888-363-4749. Access: 8539662. ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)

Jan. 21, 2021

Jan. 21, 2021

PACER

Minute Entry for proceedings held before Judge Paul A. Crotty: Remote Show Cause Hearing held on 1/21/2021. REMARK: Kian Khatibi & Migir Ilganayev appeared for the plaintiffs. Seth Farber appeared for the State. Kerri Devine & Samantha Schonfeld appeared for the City. The Court heard argument on the Preliminary Injunction application and reserved its ruling. Limited Discovery is to be completed by January 27, 2021. Plaintiffs can depose Doctor Blog and supplement their papers by January 27, 2021. The City and state can respond by January 29, 2021. See transcript for details. (Court Reporter Paula Speer) (dgo)

Jan. 21, 2021

Jan. 21, 2021

PACER

Docket Annotation

Jan. 21, 2021

Jan. 21, 2021

PACER

Show Cause Hearing

Jan. 21, 2021

Jan. 21, 2021

PACER
45

SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 16 EMERGENCY MOTION for Temporary Restraining Order . and PRELIMINARY INJUNCTION. Document filed by Costin Tarsoaga, The Greator New York Merchant's Alliance, d/b/a Seaport House (Hopkins Hawley LLC). (Attachments: # 1 Exhibit Exhibit A - Declaration of Doctor Qanta Ahmed, # 2 Exhibit Exhibit B - Affirmation of Jeffrey Minner, # 3 Exhibit Deposition Transcript of Doctor Debra Blog - January 24, 2021, # 4 Exhibit Deposition Transcript of Doctor Debra Blog - January 24, 2021).(Ilganayev, Migir) (Entered: 01/28/2021)

1 Exhibit Exhibit A - Declaration of Doctor Qanta Ahmed

View on PACER

2 Exhibit Exhibit B - Affirmation of Jeffrey Minner

View on PACER

3 Exhibit Deposition Transcript of Doctor Debra Blog - January 24, 2021

View on PACER

4 Exhibit Deposition Transcript of Doctor Debra Blog - January 24, 2021

View on PACER

Jan. 28, 2021

Jan. 28, 2021

RECAP
46

LETTER MOTION for Extension of Time to File Response/Reply as to Show Cause Hearing,, 45 Memorandum of Law in Support of Motion,, addressed to Judge Paul A. Crotty from Seth Farber dated January 28, 2021. Document filed by Andrew Cuomo..(Farber, Seth) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
47

ORDER granting 46 Letter Motion for Extension of Time to File Response/Reply. The extension to February 2, 2021 is granted. SO ORDERED.. (Signed by Judge Paul A. Crotty on 1/28/2021) (ks) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
48

ENDORSED LETTER addressed to Judge Paul A. Crotty from Kerri A. Devine dated January 28, 2021 re: letter requesting enlargement of time to file a reply to plaintiff's supplemental briefing. ENDORSEMENT: The requested extension to February 2, 2021 is granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 1/28/2021) (ks) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
49

LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Paul A. Crotty from Samantha Schonfeld dated January 29, 2021. Document filed by Mayor De Blasio, The New York City Department of Finance, The New York City Sheriff's Department..(Schonfeld, Samantha) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

PACER
50

LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, 49 LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Paul A. Crotty from Samantha Schonfeld dated January 29, 2021. addressed to Judge Paul A. Crotty from Seth J. Farber dated February 1, 2021. Document filed by Andrew Cuomo..(Farber, Seth) (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

PACER
51

TRANSCRIPT of Proceedings re: CONFERENCE held on 1/21/2021 before Judge Paul A. Crotty. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/22/2021. Redacted Transcript Deadline set for 3/4/2021. Release of Transcript Restriction set for 5/3/2021..(McGuirk, Kelly) (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

PACER
52

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/21/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

PACER
53

REPLY MEMORANDUM OF LAW in Opposition re: 16 EMERGENCY MOTION for Temporary Restraining Order . Governor Cuomo's Letter Brief in Response to Plaintiffs' Supplemental Submissions. Document filed by Andrew Cuomo..(Farber, Seth) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

PACER
54

MEMORANDUM OF LAW in Opposition re: 16 EMERGENCY MOTION for Temporary Restraining Order . City Defendants' Memorandum of Law In response to plaintiffs' supplemental submission. Document filed by Mayor De Blasio, The New York City Department of Finance, The New York City Sheriff's Department..(Devine, Kerri) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

PACER
55

ORDER granting 49 Letter Motion for Extension of Time. The time to move or otherwise answer the complaint is extended to February 26, 2021. SO ORDERED. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
56

ORDER granting 50 Letter Motion for Extension of Time to Answer Andrew Cuomo answer due 2/26/2020. The time to move or otherwise answer the complaint is extended to February 26, 2021. SO ORDERED. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER

Order on Motion for Extension of Time

Feb. 3, 2021

Feb. 3, 2021

PACER

Order on Motion for Extension of Time to Answer

Feb. 3, 2021

Feb. 3, 2021

PACER
57

OPINION & ORDER: The motion for a Preliminary Injunction is DENIED. The Clerk of Court is directed to terminate the motion at ECF 16. Governor Cuomo and the City Defendants are directed to respond to the Complaint pursuant to this Court's order entered on February 3, 2021. SO ORDERED. (Signed by Judge Paul A. Crotty on 2/9/2021) Andrew Cuomo answer due 2/3/2021; Mayor De Blasio answer due 2/3/2021; The New York City Department of Finance answer due 2/3/2021; The New York City Sheriff's Department answer due 2/3/2021. (ks) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

RECAP
58

INTERNET CITATION NOTE: Material from decision with Internet citation re: 57 Memorandum & Opinion, Set Deadlines. (sjo) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
59

INTERNET CITATION NOTE: Material from decision with Internet citation re: 57 Memorandum & Opinion, Set Deadlines. (sjo) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
60

FIRST LETTER MOTION for Conference with respect to City defendants moving to dismiss the Complaint addressed to Judge Paul A. Crotty from Kerri A. Devine and Samantha Schonfeld dated February 26, 2021. Document filed by Mayor De Blasio, The New York City Department of Finance, The New York City Sheriff's Department..(Devine, Kerri) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
61

FIRST LETTER MOTION for Conference re: 1 Complaint, Governor Andrew M. Cuomo's Request for Pre-Motion Conference to File Motion to Dismiss Complaint addressed to Judge Paul A. Crotty from Seth Farber dated February 26, 2021. Document filed by Andrew Cuomo..(Farber, Seth) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER

Notice of Pre-Motion Conference: A Pre-Motion Conference is scheduled to go forward on: Thursday, March 11, 2021 @ 11:30 AM, via teleconference before Judge Paul A. Crotty. Dial-in: 888-363-4749. Access: 8539662. If the date is not convenient, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at: David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).(dgo)

March 1, 2021

March 1, 2021

PACER

Docket Annotation

March 1, 2021

March 1, 2021

PACER

Minute Entry for proceedings held before Judge Paul A. Crotty: Pre-Motion Conference held on 3/11/2021. REMARK: Counsel for all sides appeared. The Court set the following motion schedule: Motions due by April 2, 2021. Responses due by April 16, 2021. Replies due by April 26, 2021. See transcript for details. (Court Reporter Kelly Surina) (dgo)

March 11, 2021

March 11, 2021

PACER

Pre-Motion Conference AND ~Util - Terminate Motions

March 16, 2021

March 16, 2021

PACER
62

MOTION to Dismiss Governor Cuomo's Notice of Motion to Dismiss the Complaint. Document filed by Andrew Cuomo. Responses due by 4/16/2021.(Farber, Seth) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
63

MEMORANDUM OF LAW in Support re: 62 MOTION to Dismiss Governor Cuomo's Notice of Motion to Dismiss the Complaint. Governor Cuomo's Memorandum of Law In Support of Motion to Dismiss the Complaint. Document filed by Andrew Cuomo..(Farber, Seth) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
64

MOTION to Dismiss the Complaint. Document filed by Mayor De Blasio, The New York City Department of Finance, The New York City Sheriff's Department..(Schonfeld, Samantha) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
65

MEMORANDUM OF LAW in Support re: 64 MOTION to Dismiss the Complaint. . Document filed by Mayor De Blasio, The New York City Department of Finance, The New York City Sheriff's Department..(Schonfeld, Samantha) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

RECAP

NOTICE of Oral Argument: Oral Argument on the pending motions is scheduled to go forward on: Thursday, May 6, 2021 at 11:30 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before the Honorable Paul A. Crotty, U.S.D.J ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).(dgo)

April 15, 2021

April 15, 2021

PACER

Docket Annotation

April 15, 2021

April 15, 2021

PACER
66

RESPONSE in Opposition to Motion re: 62 MOTION to Dismiss Governor Cuomo's Notice of Motion to Dismiss the Complaint., 64 MOTION to Dismiss the Complaint. . Document filed by Costin Tarsoaga, The Greator New York Merchant's Alliance, d/b/a Seaport House (Hopkins Hawley LLC). (Attachments: # 1 Exhibit Email to Seth Farber on 1.25.21 RE: Deposition).(Ilganayev, Migir) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
67

REPLY MEMORANDUM OF LAW in Support re: 62 MOTION to Dismiss Governor Cuomo's Notice of Motion to Dismiss the Complaint. . Document filed by Andrew Cuomo..(Farber, Seth) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER
68

REPLY MEMORANDUM OF LAW in Support re: 64 MOTION to Dismiss the Complaint. . Document filed by Mayor De Blasio, The New York City Department of Finance, The New York City Sheriff's Department..(Schonfeld, Samantha) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER
69

OPINION & ORDER re: 62 MOTION to Dismiss Governor Cuomo's Notice of Motion to Dismiss the Complaint filed by Andrew Cuomo, 64 MOTION to Dismiss the Complaint filed by The New York City Sheriff's Department, Mayor De Blasio, The New York City Department of Finance. The Defendants' motion to dismiss is GRANTED. The Clerk of Court is respectfully directed to terminate this case. (Signed by Judge Paul A. Crotty on 5/11/2021) (mro) Transmission to Orders and Judgments Clerk for processing. (Entered: 05/11/2021)

May 11, 2021

May 11, 2021

RECAP
70

CLERK'S JUDGMENT re: 69 Memorandum & Opinion, in favor of Mayor De Blasio, The New York City Department of Finance, The New York City Sheriff's Department, Andrew Cuomo against The Greator New York Merchant's Alliance, d/b/a Seaport House (Hopkins Hawley LLC), Costin Tarsoaga, Joseph Daniel McBride. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated May 11, 2021, the Defendants' motion to dismiss is granted; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 5/11/2021) (Attachments: # 1 Notice of Right to Appeal) (dt) (Entered: 05/11/2021)

May 11, 2021

May 11, 2021

RECAP

Terminate Transcript Deadlines (dt)

May 11, 2021

May 11, 2021

PACER

Case Details

State / Territory: New York

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Dec. 25, 2020

Closing Date: May 11, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

One New York limited liability company and restaurant, one pending non-profit entity representing restaurant owners, and one individual New York resident employed in the restaurant industry

Plaintiff Type(s):

Closely-held (for profit) corporation

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Governor of the State of New York (Albany, Albany), State

New York City Sheriff's Department (New York City), City

New York City Department of Finance (New York City), City

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

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Commerce Power

Due Process: Procedural Due Process

Freedom of speech/association

Takings

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied