Case: Deide v. Day

Deide et al. v. Day et al.

Deide et al. v. Day et al.

Deide et al. v. Day et al.

Deide et al. v. Day et al.

COMPLAINT against Edwin J. Day, Steven M. Neuhaus. (Filing Fee $ 402.00, Receipt Number ANYSDC-27728125)Document filed by Mouhamed Said Maloum Din, Sidi Mouhamed Deide, Abdallahi Salem, Adama Sy. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet).(Belsher, Amy) (Entered: 05/11/2023)

1 Civil Cover Sheet Civil Cover Sheet

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NOTICE OF APPEARANCE by Antony Philip Falconer Gemmell on behalf of Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Abdallahi Salem, Adama Sy..(Gemmell, Antony) (Entered: 05/11/2023)

CIVIL COVER SHEET filed..(Belsher, Amy) (Entered: 05/12/2023)

REQUEST FOR ISSUANCE OF SUMMONS as to Edwin J. Day, re: 1 Complaint,. Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 05/12/2023)

REQUEST FOR ISSUANCE OF SUMMONS as to Steven M. Neuhaus, re: 1 Complaint,. Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 05/12/2023)

LETTER addressed to Judge Nelson Stephen Roman from Amy Belsher dated May 12, 2023 re: Intent to File Proposed Order to Show Cause. Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 05/12/2023)

***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Amy Belsher. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf)

Case Opening Initial Assignment Notice

Notice to Attorney to Submit/File Civil Cover Sheet

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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..(vf)

Magistrate Judge Paul E. Davison 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. (vf)

Case Designated ECF. (vf)

NOTICE OF APPEARANCE by Guadalupe Victoria Aguirre on behalf of Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Abdallahi Salem, Adama Sy..(Aguirre, Guadalupe) (Entered: 05/15/2023)

NOTICE OF APPEARANCE by Christopher Thomas Dunn on behalf of Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Abdallahi Salem, Adama Sy..(Dunn, Christopher) (Entered: 05/15/2023)

ELECTRONIC SUMMONS ISSUED as to Edwin J. Day..(pc) (Entered: 05/15/2023)

ELECTRONIC SUMMONS ISSUED as to Steven M. Neuhaus..(pc) (Entered: 05/15/2023)

FIRST AMENDED COMPLAINT amending 1 Complaint, against Edwin J. Day, Steven M. Neuhaus.Document filed by Mouhamed Said Maloum Din, Sidi Mouhamed Deide, Abdallahi Salem, Adama Sy, Jhonny Neira. Related document: 1 Complaint,..(Belsher, Amy) (Entered: 05/15/2023)

MOTION for Preliminary Injunction . Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 05/15/2023)

MEMORANDUM OF LAW in Support re: 12 MOTION for Preliminary Injunction . . Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 05/15/2023)

DECLARATION of Amy Belsher in Support re: 12 MOTION for Preliminary Injunction .. Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 05/15/2023)

DECLARATION of Lourdes Chavez in Support re: 12 MOTION for Preliminary Injunction .. Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 05/15/2023)

PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy. Related Document Number: 12 ..(Belsher, Amy) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. (Entered: 05/15/2023)

DECLARATION of Amy Belsher in Support re: 12 MOTION for Preliminary Injunction .. Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 05/15/2023)

AFFIDAVIT of Amy Belsher re: 16 Proposed Order to Show Cause With Emergency Relief, . Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 05/16/2023)

NOTICE OF APPEARANCE by Larraine Susan Feiden on behalf of Edwin J. Day..(Feiden, Larraine) (Entered: 05/16/2023)

ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION: Upon the Declaration of Amy Belsher in Support of the Proposed Order to Show Cause (ECF No. 17), Memorandum of Law in Support of Plaintiffs' Order to Show Cause for a Preliminary Injunction (ECF No. 13), the Declaration of Amy Belsher in Support of a Preliminary Injunction (ECF No. 14), the Declaration of Lourdes Chavez in Support of a Preliminary Injunction (ECF No. 15), and the Amended Complaint (ECF No. 11), it is hereby ORDERED that the above-named defendants show cause before this Court, at Room 218, in the United States Courthouse located at 300 Quarropas Street, White Plains, New York 10601-4150, on May 25, 2023, at 10 a.m., or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining, during the pendency of this action, (1) Defendant Edwin J. Day from all actions taken pursuant to the Rockland County Emergency Order No. 1, dated May 6, 2023; and further enjoining (2) Defendant Steven M. Neuhaus from all actions taken pursuant to the Orange County Executive Order of May 8, 2023. It is further ORDERED that on or before May 19, 2023, the defendants shall file any papers they wish to file in opposition to the plaintiffs' Motion for a Preliminary Injunction, and serve the Court with two mailed courtesy copies and one email courtesy copy.It is further ORDERED that on or before May 22, 2023, the plaintiffs may file any papers they wish to file in reply to the defendants' opposition to the plaintiffs' Motion for a Preliminary Injunction, and serve the Court with two mailed courtesy copies and one email courtesy copy. ( Show Cause Hearing set for 5/25/2023 at 10:00 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman.), ( Replies due by 5/22/2023., Responses due by 5/19/2023) (Signed by Judge Nelson Stephen Roman on 5/16/2023) (ate) (Entered: 05/16/2023)

Notice to Court Regarding Proposed Order

***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 16 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)

LETTER addressed to Judge Nelson Stephen Roman from Amy Belsher dated May 17, 2023 re: Request to Waive Pre-Motion Conference and File Motion for Class Certification. Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 05/17/2023)

LETTER addressed to Judge Nelson Stephen Roman from Amy Belsher dated May 17, 2023 re: Request to Adjourn Hearing. Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 05/17/2023)

MEMO ENDORSEMENT on re: 22 Letter Request to Adjourn Hearing filed by Adama Sy, Mouhamed Said Maloum Din, Jhonny Neira, Sidi Mouhamed Deide, Abdallahi Salem. ENDORSEMENT: Plaintiffs' request for an adjournment for the hearing date on the preliminary injunction motion currently scheduled for May 25, 2023 at 10:00 am (as reflected in the Order to Show Cause, ECF No. 20), is GRANTED. The Court reschedules the hearing to June 1, 2023 at 10:30 am. Plaintiffs' counsel is directed to serve a copy of this Order to Defendants and file proof of service on the docket no later than May 19, 2023. So Ordered., ( Show Cause Hearing set for 6/1/2023 at 10:30 AM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 5/17/23) (yv) (Entered: 05/18/2023)

MEMO ENDORSEMENT on re: 21 Letter, filed by Adama Sy, Mouhamed Said Maloum Din, Jhonny Neira, Sidi Mouhamed Deide, Abdallahi Salem. ENDORSEMENT: Defendants are directed to respond to this letter on or before Tuesday, May 23, 2023 and file their responses on ECF. Plaintiff is directed to serve Defendants with this endorsement and show proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 5/18/2023) (rro) (Entered: 05/18/2023)

NOTICE OF APPEARANCE by Matthew Joseph Nothnagle on behalf of Steven M. Neuhaus..(Nothnagle, Matthew) (Entered: 05/19/2023)

NOTICE OF APPEARANCE by Stephanie Tunic Midler on behalf of Steven M. Neuhaus..(Midler, Stephanie) (Entered: 05/19/2023)

DECLARATION of Matthew J. Nothnagle in Opposition re: 12 MOTION for Preliminary Injunction .. Document filed by Steven M. Neuhaus. (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).(Nothnagle, Matthew) (Entered: 05/19/2023)

AFFIDAVIT of Darcie M. Miller in Opposition re: 12 MOTION for Preliminary Injunction .. Document filed by Steven M. Neuhaus. (Attachments: # 1 Exhibit P, # 2 Exhibit Q).(Nothnagle, Matthew) (Entered: 05/19/2023)

MEMORANDUM OF LAW in Opposition re: 12 MOTION for Preliminary Injunction . . Document filed by Steven M. Neuhaus..(Nothnagle, Matthew) (Entered: 05/19/2023)

AFFIDAVIT OF SERVICE of May 18, 2023 Orders (ECF Nos. 23, 24) served on Edwin J. Day and Steven M. Neuhaus on May 19, 2023. Service was made by Mail. Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 05/19/2023)

DECLARATION of Larraine Feiden in Opposition re: 12 MOTION for Preliminary Injunction .. Document filed by Edwin J. Day. (Attachments: # 1 Exhibit Exhibit A - Asylum-Seeker-Blueprint, # 2 Exhibit Exhibit B - Email dated 5.9.23, # 3 Exhibit Exhibit C - Verified Petition and Complaint, # 4 Exhibit Exhibit D - 3.10.23 Rockland EO, # 5 Exhibit Exhibit E - State Court Injuction, # 6 Exhibit Exhibit F - Appellate OTSC, # 7 Exhibit Exhibit G - 3.16.23 Rockland EO, # 8 Exhibit Exhibit H - Rockland EO 1.1).(Feiden, Larraine) (Entered: 05/19/2023)

MEMORANDUM OF LAW in Opposition re: 12 MOTION for Preliminary Injunction . . Document filed by Edwin J. Day..(Feiden, Larraine) (Entered: 05/19/2023)

LETTER MOTION for Leave to File opposition to ECF Doc. No. 24 addressed to Judge Nelson Stephen Roman from Larraine Feiden dated May 19, 2023., LETTER MOTION for Extension of Time to File Response/Reply as to 24 Memo Endorsement, addressed to Judge Nelson Stephen Roman from Larraine Feiden dated May 19, 2023. Document filed by Edwin J. Day..(Feiden, Larraine) (Entered: 05/19/2023)

ORDER granting 33 Letter Motion for Leave to File Document; granting 33 Letter Motion for Extension of Time to File Response/Reply re 33 LETTER MOTION for Leave to File opposition to ECF Doc. No. 24 addressed to Judge Nelson Stephen Roman from Larraine Feiden dated May 19, 2023. LETTER MOTION for Extension of Time to File Response/Reply as to 24 Memo Endorsement, addressed to Judge Nelson Stephen Roman from Larraine Feiden dated May 19, 2023. The Court GRANTS Defendants' extension request to respond to Plaintiff's letter requesting leave to file a motion for class certification. Defendants are directed to respond on or before June 2, 2023. The Court also GRANTS Defendants' request to provide the Court with two courtesy copies of opposition papers to the preliminary injunction motion on Monday May 22, 2023. (Signed by Judge Nelson Stephen Roman on 5/20/2023) (rro) (Entered: 05/22/2023)

MEMORANDUM OF LAW in Opposition re: 12 MOTION for Preliminary Injunction ., 33 LETTER MOTION for Leave to File opposition to ECF Doc. No. 24 addressed to Judge Nelson Stephen Roman from Larraine Feiden dated May 19, 2023. LETTER MOTION for Extension of Time to File Response/Reply as to 24 Memo Endorsement, addressed to Judge Nelson Stephen Roman from Larraine Feiden dated May 19, 2023. previously filed as ECF Doc. No. 32, refiled to include Tables of Contents and of Authroities. Document filed by Edwin J. Day..(Feiden, Larraine) (Entered: 05/22/2023)

NOTICE OF APPEARANCE by Patrick John Fischer on behalf of Edwin J. Day..(Fischer, Patrick) (Entered: 05/22/2023)

REPLY MEMORANDUM OF LAW in Support re: 12 MOTION for Preliminary Injunction . . Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 05/22/2023)

DECLARATION of Amy Belsher in Support re: 12 MOTION for Preliminary Injunction .. Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 05/22/2023)

DECLARATION of Jhonny Neira in Support re: 12 MOTION for Preliminary Injunction .. Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 05/22/2023)

Notice of Redesignation to Magistrate Judge

NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Victoria Reznik. Please note that this is a reassignment of the designation only. (tp)

NOTICE OF APPEARANCE by Vincent William Crowe on behalf of Steven M. Neuhaus..(Crowe, Vincent) (Entered: 06/01/2023)

NOTICE OF APPEARANCE by Thomas Edward Humbach on behalf of Edwin J. Day..(Humbach, Thomas) (Entered: 06/01/2023)

NOTICE OF APPEARANCE by Ifeyinwa Chikezie on behalf of Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy..(Chikezie, Ifeyinwa) (Entered: 06/01/2023)

NOTICE OF APPEARANCE by Matthew Gerard Parisi on behalf of Steven M. Neuhaus..(Parisi, Matthew) (Entered: 06/01/2023)

Minute Entry for proceedings held before Judge Nelson Stephen Roman: Show Cause Hearing held on 6/1/2023. Plaintiffs counsel Amy Belsher, Esq., Guadalupe Victoria Aguirre and Ifeyinwa Chikezie, Esq. present. Defendant Days counsel Thomas Humbach, Esq. and Larraine Feiden, Esq. present. Defendant Neuhauss counsel Vincent Crowe, Esq. present. Court Reporter is Christina Arends-Dieck. Oral Argument held. The Court directed the parties to submit simultaneous briefs, not to exceed 25 pages, on the issue of abstention by 2:00 pm on June 5, 2023. Decision reserved. (Court Reporter Christina Arends-Dieck) (gs)

NOTICE OF APPEARANCE by William Patrick Harrington on behalf of Steven M. Neuhaus..(Harrington, William) (Entered: 06/02/2023)

NOTICE OF APPEARANCE by Vincent William Crowe on behalf of Steven M. Neuhaus..(Crowe, Vincent) (Entered: 06/02/2023)

LETTER addressed to Judge Nelson Stephen Roman from Matthew G. Parisi dated June 2, 2023 re: Objection to Plaintiff's request for class certification. Document filed by Steven M. Neuhaus..(Parisi, Matthew) (Entered: 06/02/2023)

LETTER addressed to Judge Nelson Stephen Roman from Larraine Feiden dated June 2, 2023 re: Opposition to Plaintiffs' Letter Motion [ECF Doc. No. 21]. Document filed by Edwin J. Day..(Feiden, Larraine) (Entered: 06/02/2023)

NOTICE OF APPEARANCE by David H Chen on behalf of Steven M. Neuhaus..(Chen, David) (Entered: 06/05/2023)

NOTICE OF APPEARANCE by Matthew Gerard Parisi on behalf of Edwin J. Day..(Parisi, Matthew) (Entered: 06/05/2023)

NOTICE OF APPEARANCE by Matthew Gerard Parisi on behalf of Edwin J. Day..(Parisi, Matthew) (Entered: 06/05/2023)

NOTICE OF APPEARANCE by Matthew Gerard Parisi on behalf of Edwin J. Day..(Parisi, Matthew) (Entered: 06/05/2023)

SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 12 MOTION for Preliminary Injunction . . Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 06/05/2023)

MOTION Abstention and Preserve Orders issued . Document filed by Edwin J. Day, Steven M. Neuhaus..(Parisi, Matthew) (Entered: 06/05/2023)

MOTION for Permanent Injunction . Document filed by Edwin J. Day, Steven M. Neuhaus. (Attachments: # 1 Exhibit Orange v. Crossroad OSC, # 2 Exhibit Orange v. CNY OSC, # 3 Exhibit Newburgh OSC, # 4 Exhibit Rockland v. CNY OSC, # 5 Exhibit App Div Order, # 6 Exhibit Orangetown v. Armoni OSC, # 7 Exhibit Colonie OSC, # 8 Exhibit Poughkeepsie OSC, # 9 Exhibit Onondaga OSC, # 10 Exhibit Salinia OSC, # 11 Exhibit Oswego EO, # 12 Exhibit Cortland EO, # 13 Exhibit Oenida EO, # 14 Exhibit Rensselaer EO, # 15 Exhibit Chautauqua SoE, # 16 Exhibit Niagara EO, # 17 Exhibit Genesee EO).(Parisi, Matthew) (Entered: 06/05/2023)

1 Exhibit Orange v. Crossroad OSC

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2 Exhibit Orange v. CNY OSC

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3 Exhibit Newburgh OSC

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4 Exhibit Rockland v. CNY OSC

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5 Exhibit App Div Order

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6 Exhibit Orangetown v. Armoni OSC

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7 Exhibit Colonie OSC

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8 Exhibit Poughkeepsie OSC

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9 Exhibit Onondaga OSC

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10 Exhibit Salinia OSC

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11 Exhibit Oswego EO

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12 Exhibit Cortland EO

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13 Exhibit Oenida EO

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14 Exhibit Rensselaer EO

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15 Exhibit Chautauqua SoE

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16 Exhibit Niagara EO

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17 Exhibit Genesee EO

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OPINION & ORDER re: 12 MOTION for Preliminary Injunction . filed by Adama Sy, Mouhamed Said Maloum Din, Jhonny Neira, Sidi Mouhamed Deide, Abdallahi Salem, 54 MOTION for Permanent Injunction . filed by Edwin J. Day, Steven M. Neuhaus, 53 MOTION Abstention and Preserve Orders issued . filed by Edwin J. Day, Steven M. Neuhaus. For the foregoing reasons, Plaintiffs' application for a preliminary injunction is GRANTED. The Clerk of the Court is kindly directed to terminate the motions at 12, 53, and 54. The Court makes clear that the grant of preliminary injunction only applies as to the enforcement of the Rockland and Orange County EOs. As Plaintiffs have represented during oral argument and in their moving papers, that is the only relief they seek. As already indicated, the Court's decision herein does not mean to interfere with the temporary restraining orders that are in effect and that were issued in state court proceedings, described above, concerning the interpretation and applicability of state and local laws. (Signed by Judge Nelson Stephen Roman on 6/6/2023) (ate) (Entered: 06/06/2023)

ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Edward J. Phillips dated 6/7/2023 re: pre-motion conference. ENDORSEMENT: The Court is in receipt of the attached letter from Defendants Town of Orangetown and Town Supervisor Teresa M. Kenny (together, "Orangetown Defendants"), received over fax on June 7, 2023. The Orangetown Defendants seek a pre-motion conference in order to seek leave to file a motion to dismiss the amended complaint. (ECF No. 32.) Plaintiffs are directed to file a response, in accordance with the Court's Individual Rule 3(A), on or before June 12, 2023. The parties are also directed to file pre-motion letters onto ECF, moving forward. (Signed by Judge Nelson Stephen Roman on 6/7/2023) (ate) (Entered: 06/07/2023)

MEMO ENDORSEMENT on re: 21 Letter, filed by Adama Sy, Mouhamed Said Maloum Din, Jhonny Neira, Sidi Mouhamed Deide, Abdallahi Salem. ENDORSEMENT: The Court is in receipt of Plaintiffs' letter seeking a pre-motion conference in order to seek leave to file a motion for class certification (ECF No. 21.), and Defendants' letters opposing that request (ECF Nos. 46 and 47.) Upon the Court's review of the letters, the Court waives the pre-motion conference requirement and GRANTS Plaintiffs leave to file a motion for class certification pursuant to the following briefing schedule: Plaintiff's opening motion papers shall be served (not filed) on July 27, 2023; Defendants' opposition papers shall be served (not filed) on September 12, 2023; Plaintiff's reply papers shall be served on September 27, 2023. The parties shall file their papers on ECF on the reply date, September 27, 2023. The parties are also directed to mail to the Court two courtesy copies and email one electronic copy of their motion papers as they are served. ( Motions due by 9/27/2023., Replies due by 9/27/2023., Responses due by 9/27/2023) (Signed by Judge Nelson Stephen Roman on 6/12/2023) (ate) (Entered: 06/12/2023)

ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Todd E. Soloway dated 6/15/2023 re: related case application. ENDORSEMENT: Judge Roman REJECTS Pryor Cashman's application to transfer Newburgh and Poughkeepsie as related to Orange, Deide, and Palisades at this time. A similar application has previously been made and was denied on June 8, 2023 (See Palisades, C.A. No. 23-cv-4215-NSR, ECF No. 126.) Pryor Cashman has not made a showing that Newburgh and Poughkeepsie satisfy the standard for relatedness under Rule 13 of the Rules for the Division of Business Among District Judges. In addition, on the face of the Newburgh and Poughkeepsie complaints, those cases concern different local municipal codes, and do not affirmatively raise federal claims like in Deide and Palisades. (Signed by Judge Nelson Stephen Roman on 6/20/2023) (ate) (Entered: 06/20/2023)

LETTER MOTION for Conference (pre-motion) addressed to Judge Nelson Stephen Roman from David H. Chen dated 6/23/23. Document filed by Edwin J. Day, Steven M. Neuhaus. (Attachments: # 1 Exhibit new Orange County order, # 2 Exhibit new Rockland County order).(Chen, David) (Entered: 06/23/2023)

1 Exhibit new Orange County order

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2 Exhibit new Rockland County order

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MEMO ENDORSEMENT on re: 59 LETTER MOTION for Conference (pre-motion) addressed to Judge Nelson Stephen Roman from David H. Chen dated 6/23/23. filed by Edwin J. Day, Steven M. Neuhaus. ENDORSEMENT: Plaintiffs are directed to respond to the instant letter on or before June 30, 2023. ( Responses due by 6/30/2023) (Signed by Judge Nelson Stephen Roman on 6/26/2023) (ate) (Entered: 06/26/2023)

NOTICE OF APPEARANCE by Terry Ding on behalf of Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy..(Ding, Terry) (Entered: 06/29/2023)

AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Edwin J. Day served on 5/17/2023, answer due 6/7/2023; Steven M. Neuhaus served on 5/17/2023, answer due 6/7/2023. Service was made by Mail. Document filed by Mouhamed Said Maloum Din; Sidi Mouhamed Deide; Abdallahi Salem; Adama Sy; Jhonny Neira..(Belsher, Amy) (Entered: 06/30/2023)

LETTER addressed to Judge Nelson Stephen Roman from Amy Belsher dated June 30, 2023 re: Response to Defendants' Letter Seeking a Pre-Motion Conference (ECF No. 60). Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 06/30/2023)

MEMO ENDORSEMENT terminating 59 Letter Motion for Conference re: 59 LETTER MOTION for Conference (pre-motion) addressed to Judge Nelson Stephen Roman from David H. Chen dated 6/23/23. ENDORSEMENT: The Court is in receipt and has reviewed the parties' pre-motion letters, docketed at ECF Nos. 59 and 63. Defendants seek a pre-motion conference or a briefing schedule on an anticipated motion to dismiss. (See ECF No. 59.) Plaintiffs oppose Defendants' letter seeking leave to file a motion to dismiss. (ECF No. 63.) In addition, Plaintiffs indicate that they seek leave to engage in limited expedited discove1y concerning the issuance and intended enforcement of the revised Orange County and Rockland County executive orders. (Id.) The Court WAIVES the pre-motion conference and GRANTS Defendants leave to file their proposed motion to dismiss. The Court directs the parties to the following briefing schedule: Defendants are directed to serve (not file) their opening papers on or before August 21, 2023; Plaintiffs are directed to serve (not file) opposition papers on or before October 5, 2023; Defendants are directed to serve reply papers on or before October 20, 2023. The parties are directed to file their motion papers on ECF on the reply date, October 20, 2023. The parties are directed to mail two courtesy copies to the Court and email a courtesy copy of their papers as they are served. In addition, the Court GRANTS Plaintiffs leave to engage in limited expedited discovery concerning the issuance and intended enforcement of the revised Orange County and Rockland County executive orders. An order of reference to Magistrate Judge Victoria Reznik will follow. The Clerk of the Court is kindly directed to terminate the motion at ECF No. 63. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/7/2023) (tg) (Entered: 07/07/2023)

Show Cause Hearing

Set/Reset Deadlines: Motions due by 10/20/2023. (tg)

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Victoria Reznik. (Signed by Judge Nelson Stephen Roman on 7/11/2023) (ate) (Entered: 07/11/2023)

ORDER: The parties are directed to file a joint letter by no later than July 20, 2023, providing the Court with an update on the status of the case. The letter should detail the progress of discovery in the prior month and the anticipated next steps in the upcoming month. Specifically, the letter should include an overview of the status of discovery with respect to the limited expedited discovery ordered by Judge Nelson Romn on July 7, 2023. (ECF No. 64). SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 7/12/2023) (ks) (Entered: 07/12/2023)

DISCOVERY ORDER: The above-referenced action has been referred to the undersigned for general pre-trial purposes. See 28 U.S.C. §636(b)(1)(A). All pre-trial applications submitted to the undersigned must comply with this Court's Individual Practices. As further set forth by this Order. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 7/17/2023) (tg) (Entered: 07/17/2023)

JOINT LETTER addressed to Magistrate Judge Victoria Reznik from Amy Belsher and Vincent Crowe dated July 20, 2023 re: Status Update. Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 07/20/2023)

ORDER RE INITIAL CASE MANAGEMENT CONFERENCE (ICMC): Initial Conference set for 8/18/2023 at 10:00 AM before Magistrate Judge Victoria Reznik. The parties are to dial in to the ATT Conference line at 877-336-1839, enter access code 5999739 and then press # to enter the conference. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 7/21/2023) (ks) (Entered: 07/21/2023)

MEMO ENDORSEMENT on re: 68 Letter, filed by Adama Sy, Mouhamed Said Maloum Din, Jhonny Neira, Sidi Mouhamed Deide, Abdallahi Salem, ENDORSEMENT: The parties' request for briefing on the motion for a protective order (by letter motion) is GRANTED. The briefing schedule for the protective order application is as follows: Defendants' Moving Papers:7/28/23 Plaintiffs' Response: 8/4/23 Defendants' Reply: 8/9/23 An order for the Initial Case Management and Scheduling Conference will follow separately. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 7/21/2023) ( Motions due by 7/28/2023., Replies due by 8/9/2023., Responses due by 8/4/2023) (ks) (Entered: 07/21/2023)

LETTER MOTION for Discovery (protective order) addressed to Magistrate Judge Victoria Reznik from David H. Chen dated 7/28/2023. Document filed by Edwin J. Day, Steven M. Neuhaus. (Attachments: # 1 Exhibit Rockland County extension order, # 2 Exhibit Orange County extension order).(Chen, David) (Entered: 07/28/2023)

1 Exhibit Rockland County extension order

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2 Exhibit Orange County extension order

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LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Victoria Reznik from Amy Belsher dated 8/4/2023 re: 71 LETTER MOTION for Discovery (protective order) addressed to Magistrate Judge Victoria Reznik from David H. Chen dated 7/28/2023. . Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 08/04/2023)

LETTER REPLY to Response to Motion addressed to Magistrate Judge Victoria Reznik from David H. Chen dated 8/9/2023 re: 71 LETTER MOTION for Discovery (protective order) addressed to Magistrate Judge Victoria Reznik from David H. Chen dated 7/28/2023. . Document filed by Edwin J. Day, Steven M. Neuhaus..(Chen, David) (Entered: 08/09/2023)

LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Victoria Reznik from Amy Belsher dated 8/14/2023. Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4).(Belsher, Amy) (Entered: 08/14/2023)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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PROPOSED CASE MANAGEMENT PLAN. Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 08/15/2023)

LETTER addressed to Magistrate Judge Victoria Reznik from Amy Belsher dated 8/15/2023 re: proposed Case Management Plan. Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 08/15/2023)

LETTER addressed to Magistrate Judge Victoria Reznik from Vincent Crowe dated August 17,2023 re: proposed discovery schedule. Document filed by Edwin J. Day, Steven M. Neuhaus..(Crowe, Vincent) (Entered: 08/17/2023)

LETTER addressed to Magistrate Judge Victoria Reznik from Vincent Crowe dated August 17,2023 re: proposed pre-motion conference. Document filed by Edwin J. Day, Steven M. Neuhaus..(Crowe, Vincent) (Entered: 08/17/2023)

Minute Entry for proceedings held before Magistrate Judge Victoria Reznik: Telephonic Status Conference held on 8/18/2023 and recorded by AT&T Connect. (MC) Modified on 9/1/2023 (bal).

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Oral Argument proceeding held on 6/1/23 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....(Arends-Dieck, Christina) (Entered: 08/24/2023)

TRANSCRIPT of Proceedings re: Oral Argument held on 6/1/2023 before Judge Nelson Stephen Roman. Court Reporter/Transcriber: Christina Arends-Dieck, (914) 390-4103. 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 9/14/2023. Redacted Transcript Deadline set for 9/25/2023. Release of Transcript Restriction set for 11/22/2023..(Arends-Dieck, Christina) (Entered: 08/24/2023)

ORDER denying 71 Letter Motion for Discovery; terminating 74 Letter Motion for Local Rule 37.2 Conference. Defendants' request to preclude the depositions of County Executives Edwin J. Day and Steven M. Neuhaus is DENIED. Plaintiffs' depositions of Mr. Day and Mr. Neuhaus shall be limited to three hours each on the record. The scope of the depositions shall be limited to the issuance and intended enforcement of the revised Orange County and Rockland County executive orders, which shall include the prior versions of the executive orders and emergency declarations. The time Plaintiffs use in deposing Mr. Day and Mr. Neuhaus will count toward Plaintiffs seven- hour time limit for each witness, unless otherwise agreed by the parties or ordered by the Court. In addition, the scope of "limited, expedited discovery" as it relates to written discovery shall include discovery related to the prior versions of the executive orders and emergency declarations. As discussed during the August 18 telephonic conference, the parties are directed to meet and confer regarding deadlines for limited, expedited discovery and to submit a joint letter to the Court containing proposed deadlines by September 5, 2023. The Clerk of Court is respectfully requested to close out ECF Nos. 71 and 74.SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 8/28/2023) (tg) (Entered: 08/28/2023)

LETTER MOTION to Stay Discovery pending resolution of MTD addressed to Judge Nelson Stephen Roman from David H. Chen dated 8/29/2023. Document filed by Edwin J. Day, Steven M. Neuhaus..(Chen, David) (Entered: 08/29/2023)

Status Conference

ORDER with respect to 82 Letter Motion to Stay Discovery pending resolution of MTD addressed to Judge Nelson Stephen Roman from David H. Chen dated 8/29/2023. Plfs. are directed to respond to Defs.' letter no later than Sept. 1, 2023. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 8/30/2023) (vfr) (Entered: 08/30/2023)

Set/Reset Deadlines: Responses due by 9/1/2023 (vfr)

LETTER addressed to Judge Nelson Stephen Roman from Amy Belsher dated 09/01/2023 re: Response to Defendants' Letter Seeking a Pre-Motion Conference. Document filed by Sidi Mouhamed Deide, Mouhamed Said Maloum Din, Jhonny Neira, Abdallahi Salem, Adama Sy..(Belsher, Amy) (Entered: 09/01/2023)