The Roman Catholic Diocese of Brooklyn, New York v Cuomo
| The Roman Catholic Diocese of Brooklyn, New York |
| Governor Andrew M. Cuomo |
| 1:2020cv04844 |
| October 8, 2020 |
| US District Court for the Eastern District of New York |
| Nicholas G Garaufis |
| Cheryl L Pollak |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 39
ORDER of USCA as to #33 Notice of Appeal filed by The Roman Catholic Diocese of Brooklyn, New York. 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 Order and Dissenting Opinion are endorsed on USCA Opinion. Certified Copy Issued 11/18/20. USCA #20-3590 and 20-3572. (Attachments: #1 Judge Park's Dissenting Opinion) (McGee, Mary Ann) (Attachment 1 replaced on 11/18/2020) (McGee, Mary Ann).
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Filing 38
ORDER of USCA as to #33 Notice of Appeal filed by The Roman Catholic Diocese of Brooklyn, New York. 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 #20-3590 and #20-3572 This document also reflects case 20-cv-4834. (Attachments: #1 USCA Dissenting Opinion) (McGee, Mary Ann)
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| Filing 37 Letter MOTION for pre motion conference For Motion to Dismiss and to Extend Time to Answer pending outcome of Motion to Dismiss by Governor Andrew M. Cuomo. (Farber, Seth) |
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ORDER: The #37 application for a pre-motion conference is GRANTED. The parties are DIRECTED to confer and to contact the court's Deputy at Joseph_Reccoppa@nyed.uscourts.gov to schedule the pre-motion conference for a date after the U.S. Court of Appeals for the Second Circuit has issued its decision on the motion currently before it in this matter. Defendant's obligation to answer is STAYED pending the pre-motion conference. Ordered by Judge Nicholas G. Garaufis on 10/30/2020. (Lazarus, Benjamin)
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Filing 36
ORDER of USCA as to #33 Notice of Appeal filed by The Roman Catholic Diocese of Brooklyn, New York. Appellant The Roman Catholic Dioceses of Brooklyn, New York moves for an emergency injunction pending appeal. Appellant seeks a decision no later than October 23, 2020 at 5:00 pm. Appellee Governor Andrew M. Cuomo opposes the motion. IT IS HEREBY ORDERED that the request for an administrative stay of the District Court decision denying Appellant's motion for a preliminary injunction 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 Agudath Israel of America et al., v. Andrew M. Cuomo, Docket No. 20-3572. 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 #20-3590 (McGee, Mary Ann)
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| Filing 35 Letter of Seth Farber to Judge Garaufis in response to letter of October 19, 2020 by Randy Mastro by Governor Andrew M. Cuomo (Farber, Seth) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #33 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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ORDER: For the reasons stated in the court's #32 memorandum and order, the #34 motion for an injunction pending appeal is DENIED. Ordered by Judge Nicholas G. Garaufis on 10/20/2020. (Lazarus, Benjamin)
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| Filing 34 Letter MOTION for Preliminary Injunction / Injunction Pending Appeal by The Roman Catholic Diocese of Brooklyn, New York. (Mastro, Randy) |
| Filing 33 NOTICE OF APPEAL as to #32 Order on Motion for Preliminary Injunction by The Roman Catholic Diocese of Brooklyn, New York. Filing fee $ 505, receipt number ANYEDC-13547753. (Mastro, Randy) |
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Filing 32
MEMORANDUM & ORDER, The Diocese's motion for a preliminary injunction is DENIED. So Ordered by Judge Nicholas G. Garaufis on 10/16/2020. (Lee, Tiffeny)
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| Filing 31 Letter from Randy M. Mastro to Judge Garaufis by The Roman Catholic Diocese of Brooklyn, New York (Attachments: #1 Exhibit A - Transcript) (Mastro, Randy) |
| Filing 30 DECLARATION / SECOND SUPPLEMENTAL DECLARATION OF BISHOP RAYMOND F. CHAPPETTO IN FURTHER SUPPORT OF PLAINTIFF'S APPLICATION FOR A PRELIMINARY INJUNCTION by The Roman Catholic Diocese of Brooklyn, New York (Shapiro, Akiva) |
| Filing 29 Letter of Seth Farber to Judge Garaufis and Commissioner Zucker Supplemental Declaration by Governor Andrew M. Cuomo (Attachments: #1 Declaration Supplemental Declaration of Commissioner Howard Zucker) (Farber, Seth) |
| Filing 28 DECLARATION - Third Supplemental Declaration of Randy M. Mastro in Further Support of the Roman Catholic Diocese of Brooklyn, New York's Application for a Preliminary Injunction by The Roman Catholic Diocese of Brooklyn, New York (Mastro, Randy) |
| Filing 27 Letter in response to Plaintiff's #26 letter regarding witness by Governor Andrew M. Cuomo (McAlister, Erin) |
| Filing 26 Letter from Randy M. Mastro to Judge Garaufis re: Witnesses by The Roman Catholic Diocese of Brooklyn, New York (Mastro, Randy) |
| Filing 25 Witness List by The Roman Catholic Diocese of Brooklyn, New York (Mastro, Randy) |
| Filing 24 REPLY in Support of Plaintiff's Application for a Preliminary Inunction filed by The Roman Catholic Diocese of Brooklyn, New York. (Mastro, Randy) |
| Filing 23 Letter of Seth Farber advising court and parties of defendant's witness for hearing on October 15, 2020 by Governor Andrew M. Cuomo (Farber, Seth) |
| Filing 22 DECLARATION of Randy M. Mastro in Further Support of Plaintiff's Application for a Preliminary Inunction by The Roman Catholic Diocese of Brooklyn, New York (Attachments: #1 Exhibit 1- Executive Order No. 202.38, #2 Exhibit 2- June 24, 2020 NYT Article, #3 Exhibit 3- Gov. Cuomo Oct. 5, 2020 Transcript, #4 Exhibit 4- Gov. Cuomo Oct. 6, 2020 Transcript, #5 Exhibit 5- Sept. 2, 2008 NYT Article, #6 Exhibit 6- Archdiocese of New York Press Release, #7 Exhibit 7- May 13, 2020 CNN Article, #8 Exhibit 8- Cardinal Timothy Dolan Statement) (Mastro, Randy) |
| Filing 21 DECLARATION of Bishop Raymond F. Chappetto in Further Support of Plaintiff's Application for a Preliminary Inunction by The Roman Catholic Diocese of Brooklyn, New York (Shapiro, Akiva) |
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ORDER: Defendant is DIRECTED to file a response to Plaintiff's #26 letter regarding the proposed witness by Thursday, October 15, at 12:00 pm. Ordered by Judge Nicholas G. Garaufis on 10/14/2020. (Lazarus, Benjamin)
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| Filing 20 DECLARATION re #18 Memorandum in Opposition to Plaintiffs' Motion for a Preliminary Injunction by Governor Andrew M. Cuomo (Attachments: #1 Exhibit A: WHO Situation Report 1, #2 Exhibit B: WHO Situation Report 3, #3 Exhibit C: WHO Statement on Second Meeting, #4 Exhibit D: WHO Declares Global Pandemic, #5 Exhibit E: National Emergency Declaration, #6 Exhibit F: WHO Article: Transmission of SARS-CoV-2: implications for infection prevention precautions, #7 Exhibit G: CDC: Cleaning and Disinfection for Households, #8 Exhibit H: CDC: Social Distancing, #9 Exhibit I: Governor Cuomos Executive Order 202, #10 Exhibit J: Governor Cuomos Executive Order 202.3, #11 Exhibit K: Governor Cuomos Executive Order 202.4, #12 Exhibit L: Governor Cuomos Executive Order 202.5, #13 Exhibit M: Governor Cuomos Executive Order 202.10, #14 Exhibit N: Governor Cuomos Executive Order 202.32, #15 Exhibit O: Governor Cuomos Executive Order 202.33, #16 Exhibit P: Governor Cuomos Executive Order 202.42, #17 Exhibit Q: Governor Cuomos Executive Order 202.45, #18 Exhibit R: Governor Cuomos Executive Order 205, #19 Exhibit S: Governor Cuomos Executive Order 202.61, #20 Exhibit T: Scientific American Article: How Superspreading Events Drive Most COVID-19 Spread, #21 Exhibit U: CDC Morbidity and Mortality Weekly Report, #22 Exhibit V: New Scientist Article, #23 Exhibit W: CDC Large Event Considerations, #24 Exhibit X: NIH, COVID-19 Super-spreaders: Definitional Quandaries and Implications, #25 Exhibit Y: WHO Faith-based organizations and faith leaders, #26 Exhibit Z: Governor Cuomos Executive Order 202.6, #27 Exhibit AA: PEOPLE Article: Religious Leaders Say Worshiping at Home Is Most Ethical, #28 Exhibit BB: CDC Considerations for Communities of Faith, #29 Exhibit CC: Guardian Article: Maine superspreader wedding linked to 170 Covid cases and seven deaths, #30 Exhibit DD: Article: How superspreading is fueling the pandemic, #31 Exhibit EE: New York City Status Report in Soos v. Cuomo, #32 Exhibit FF: CDC Frequently Asked Questions, #33 Exhibit GG: CDC Implementation of Mitigation Strategies for Communities, #34 Exhibit HH: Governor Cuomos Announcement of Cluster Initiative, #35 Exhibit II: Governor Cuomos Executive Order 202.68, #36 Exhibit JJ: Affidavit of Elizabeth M. Dufort, M.D., FAAP, sworn to September 14, 2020, #37 Exhibit KK: Declaration of Howard Zucker, M.D., J.D, sworn to August 11, 2020) (McAlister, Erin) |
| Filing 19 DECLARATION re #16 Letter, Order,, Declaration of Seth Farber in opposition to Plaintiff's Motion for Preliminary Injunction by Governor Andrew M. Cuomo (Attachments: #1 Exhibit Transcript of hearing in Agudath Israel v Cuomo) (Farber, Seth) |
| Filing 18 MEMORANDUM in Opposition Plaintiff's Motion for a Preliminary Injunction filed by Governor Andrew M. Cuomo. (McAlister, Erin) |
| Filing 17 Letter of Seth Farber to Judge Garaufis in response to letter of October 10, 2020 filed by Randy Mastro, attorney for Plaintiff by Governor Andrew M. Cuomo (Farber, Seth) |
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Plaintiffs #16 request for an order to show cause with regard to its motion for a preliminary injunction is GRANTED. Defendant is DIRECTED to submit a memorandum of law in opposition to the motion by Tuesday, October 13 at 4:00 pm. Plaintiff may submit a reply by Wednesday, October 14 at 2:00 pm. The court will hold an evidentiary hearing by videoconference on Thursday, October 15, at 2:00 pm. The parties are DIRECTED to submit a list of proposed witnesses by Wednesday, October 14 at 2:00 pm. The parties are DIRECTED to contact the courts Deputy at Joseph_Reccoppa@nyed.uscourts.gov to make arrangements for the videoconference. Ordered by Judge Nicholas G. Garaufis on 10/11/2020. (Lazarus, Benjamin)
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| Filing 16 Letter from Randy M. Mastro to Judge Garaufis requesting expedited briefing and an evidentiary hearing on Plaintiff's pending preliminary injunction application by The Roman Catholic Diocese of Brooklyn, New York (Attachments: #1 Exhibit 1 - TRO Hearing Transcript, #2 Exhibit 2 - D.D.C. Opinion, #3 Exhibit 3 - [Proposed] Order to Show Cause) (Mastro, Randy) |
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Filing 15
MEMORANDUM & ORDER: Plaintiff's motion for a temporary restraining order is denied. Plaintiff may apply to Judge Garaufis for a preliminary injunction, as the record may be developed more fully. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 10/9/2020. (Guy, Alicia)
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| Filing 14 Minute Entry for proceedings held before Judge Eric R. Komitee: Hearing held on 10/9/2020 re #3 Emergency MOTION for Order to Show Cause for a Preliminary Injunction and Temporary Restraining Order. Case called. Counsel for all sides present. (Court Reporter Michele Lucchese.) (Guy, Alicia) |
| Filing 13 SUMMONS Returned Executed by The Roman Catholic Diocese of Brooklyn, New York. Governor Andrew M. Cuomo served on 10/9/2020, answer due 10/30/2020. (Attachments: #1 Affidavit of Service - Albany) (Mastro, Randy) |
| Filing 12 AFFIDAVIT/DECLARATION in Support re #3 Emergency MOTION for Order to Show Cause for a Preliminary Injunction and Temporary Restraining Order - Supplemental Declaration of Randy M. Mastro in Further Support of The Roman Catholic Diocese of Brooklyn, New York's Application for a Temporary Restraining Order and Preliminary Injunction filed by The Roman Catholic Diocese of Brooklyn, New York. (Attachments: #1 Exhibit 1- Executive Order 202.68, #2 Exhibit 2- Transcription of CNN Interview) (Mastro, Randy) |
| Filing 11 NOTICE of Appearance by Seth J. Farber on behalf of Governor Andrew M. Cuomo (aty to be noticed) (Farber, Seth) |
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SCHEDULING ORDER re #3 Emergency MOTION for Order to Show Cause for a Preliminary Injunction and Temporary Restraining Order: The hearing scheduled for today, Friday, October 9, 2020, at 4:00 p.m. will proceed telephonically before the undersigned. Counsel intending to speak at the proceeding shall call Courtroom Deputy Alicia Guy at (718) 613-2165 for dial-in information. All other attendees may listen to the proceeding by dialing 888-808-6929, and use access code 564-7824. Ordered by Judge Eric R. Komitee on 10/9/2020. (Guy, Alicia)
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ORDER: In order to consider Plaintiff's #3 emergency motion, the court will hold a hearing, today, Friday, October 9 at 4:00 pm via videoconference. Ordered by Judge Nicholas G. Garaufis on 10/9/2020. (Lazarus, Benjamin)
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| Filing 10 NOTICE of Appearance by William John Moccia on behalf of The Roman Catholic Diocese of Brooklyn, New York (aty to be noticed) (Moccia, William) |
| Filing 9 NOTICE of Appearance by Akiva Shapiro on behalf of The Roman Catholic Diocese of Brooklyn, New York (aty to be noticed) (Shapiro, Akiva) |
| Filing 8 NOTICE of Appearance by Lee Ross Crain on behalf of The Roman Catholic Diocese of Brooklyn, New York (aty to be noticed) (Crain, Lee) |
| Filing 7 AFFIDAVIT/DECLARATION in Support re #3 Emergency MOTION for Order to Show Cause for a Preliminary Injunction and Temporary Restraining Order - Declaration of Randy M. Mastro filed by The Roman Catholic Diocese of Brooklyn, New York. (Attachments: #1 Exhibit 1 - Article, #2 Exhibit 2 - website posting, #3 Exhibit 3 - website posting, #4 Exhibit 4 - New York State posting, #5 Exhibit 5 New York State guidance posting, #6 Exhibit 6 - Letter, #7 Exhibit 7 - Article, #8 Exhibit 8 - Executive Order, #9 Exhibit 9 - Article, #10 Exhibit 10 - Article) (Mastro, Randy) |
| Filing 6 AFFIDAVIT/DECLARATION in Support re #3 Emergency MOTION for Order to Show Cause for a Preliminary Injunction and Temporary Restraining Order - Declaration of Joseph J. Esposito filed by The Roman Catholic Diocese of Brooklyn, New York. (Attachments: #1 Exhibit A - Presentation) (Mastro, Randy) |
| Filing 5 AFFIDAVIT/DECLARATION in Support re #3 Emergency MOTION for Order to Show Cause for a Preliminary Injunction and Temporary Restraining Order - Declaration of Raymond F. Chappetto filed by The Roman Catholic Diocese of Brooklyn, New York. (Attachments: #1 Exhibit A - Email and Attachment) (Mastro, Randy) |
| Filing 4 MEMORANDUM in Support re #3 Emergency MOTION for Order to Show Cause for a Preliminary Injunction and Temporary Restraining Order filed by The Roman Catholic Diocese of Brooklyn, New York. (Mastro, Randy) |
| Filing 3 Emergency MOTION for Order to Show Cause for a Preliminary Injunction and Temporary Restraining Order by The Roman Catholic Diocese of Brooklyn, New York. (Mastro, Randy). |
| Filing 2 Summons Issued as to Governor Andrew M. Cuomo. (Marziliano, August) (Main Document 2 replaced on 10/9/2020) (Lee, Tiffeny). |
| Filing 1 COMPLAINT against Governor Andrew M. Cuomo filing fee $ 400, receipt number ANYEDC-13493549 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by The Roman Catholic Diocese of Brooklyn, New York. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Mastro, Randy) |
| Case Assigned to Judge Nicholas G. Garaufis and Chief Magistrate Cheryl L. Pollak. 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. (Marziliano, August) |
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