Plaza Motors of Brooklyn, Inc. et al v. Cuomo et al
| Plaza Automotive, Ltd., Plaza Hyundai, Ltd., Crystal Bay Imports Ltd., Crystal Motors of Bayside, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd., Plaza Automotive, Ltd. doing business as Plaza Kia, Crystal Motors of Bayside, Ltd. doing business as Plaza Auto Leasing, Plaza Hyundai, Ltd. doing business as Plaza Hyundai, Plaza Oldsmobile, Ltd. doing business as Plaza Toyota, Plaza Motors of Brooklyn, Inc. doing business as Plaza Honda and Crystal Bay Imports Ltd. doing business as Acura of Brooklyn |
| Empire State Development Corporation, Bill de Blasio and Andrew M. Cuomo |
| 1:2020cv04851 |
| October 8, 2020 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| William F Kuntz |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 41
ORDER: On November 30, 2020, Plaintiffs filed a motion to supplement their arguments in support of their motion for a preliminary injunction in light of a recent decision by the Supreme Court of the United States. ECF No. #40 . The Court hereby GRANTS the motion to file supplemental papers and ORDERS the following supplemental briefing schedule: 1. Defendants shall submit a response to Plaintiffs' letter on or before Friday, December 11, 2020 at 5:00 P.M.; and2. Plaintiffs shall submit a reply, if any, on or before Friday, December 18, 2020 at 5:00 P.M. So Ordered by Judge William F. Kuntz, II on 11/30/2020. (Love, Alexis)
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| Filing 40 Letter MOTION to Amend/Correct/Supplement #5 Memorandum in Support, based on recent SCOTUS decision by Crystal Bay Imports Ltd., Crystal Motors of Bayside, Ltd., Plaza Automotive, Ltd., Plaza Hyundai, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd.. (Kataev, Emanuel) |
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Filing 39
SCHEDULING ORDER: An initial/telephone conference will be held on 12/18/2020 at 4:00 PM before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the 4:00 PM conference. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 12/18/2020. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/17/2020. (Manson, Eddie)
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ORDER: The Motion for Discovery #35 is granted. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/17/2020. (Manson, Eddie)
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ORDER: As articulated in the Court's November 5, 2020 order granting the State Defendants leave to file a motion to dismiss, the Court has dispensed with its pre-motion conference requirement in light of the COVID-19 pandemic. Accordingly, the Court denies the City Defendant's request for a pre-motion conference, ECF No. #38 , as moot and GRANTS leave to file the anticipated motion to dismiss.The parties shall abide by the briefing schedule previously set by the Court: the motion shall be submitted on or before Friday, December 11, 2020 by 5:00 P.M.; Plaintiffs' response shall be submitted on or before Friday, January 22, 2021 by 5:00 P.M.; and a reply, if any, shall be submitted no later than Friday, February 19, 2021 by 5:00 P.M.The Court also requests the parties' abide by the Court's previous request to refrain from filing motion papers until the motion is fully briefed. City Defendant shall mail a complete set of courtesy copies of all motion papers, via overnight mail, to the Court, attention of Ms. Alexis Love. So Ordered by Judge William F. Kuntz, II on 11/17/2020. (Dixon, Roy)
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| Filing 38 MOTION for pre motion conference or to set a briefing schedule by Bill de Blasio. (Moston, Rachel) |
| Filing 37 Letter in response to the State's letter (Docket Entry 36) by Crystal Bay Imports Ltd., Crystal Motors of Bayside, Ltd., Plaza Automotive, Ltd., Plaza Hyundai, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd. (Kataev, Emanuel) |
| Filing 36 Letter to Judge Kuntz re Modification of the Red Zone by Andrew M. Cuomo, Empire State Development Corporation (Dorcheh, Maryam) |
| Filing 35 Letter MOTION for Discovery conference pursuant to Fed. R. Civ. P. 26(f) by Crystal Bay Imports Ltd., Crystal Motors of Bayside, Ltd., Plaza Automotive, Ltd., Plaza Hyundai, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd.. (Kataev, Emanuel) |
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ORDER: In light of the COVID-19 pandemic, the Court dispenses with its pre-motion conference requirement. Therefore, the Court denies Defendants' request for a pre-motion conference, ECF No. #33 , as moot and GRANTS leave to file the anticipated motion to dismiss. Defendants' request for a stay of discovery pending a decision on the motion is DENIED. The parties should direct any discovery disputes to Magistrate Judge Bulsara.The Court orders the following briefing schedule for Defendants' motion to dismiss: Defendants shall submit their motion on or before Friday, December 11, 2020 by 5:00 P.M.; Plaintiffs shall submit their response on or before Friday, January 22, 2021 by 5:00 P.M.; Defendants shall submit a reply, if any, no later than Friday, February 19, 2021 by 5:00 P.M.As a courtesy to the Court, the Court requests the parties refrain from filing motion papers until the motion has been fully briefed. If the parties elect to file their motion only once it is fully briefed, the notice of motion and all supporting papers are to be served on the other party along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter shall be electronically filed in advance of the fully briefed motion, and it must be filed as a letter, not as a motion. On the day the motion is fully briefed, each party shall electronically file their individual motion papers by 5:00 P.M. on February 19, 2021. Defendants shall also mail a complete set of courtesy copies of all motion papers, via overnight mail, to the Court, attention of Ms. Alexis Love. So Ordered by Judge William F. Kuntz, II on 11/5/2020. (Dixon, Roy)
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| Filing 34 RESPONSE in Opposition re #33 First MOTION for pre motion conference filed by Crystal Bay Imports Ltd., Crystal Motors of Bayside, Ltd., Plaza Automotive, Ltd., Plaza Hyundai, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd.. (Attachments: #1 Exhibit A - October 19, 2020 Press Tele-Conference with Mayor Bill de Blasio) (Kataev, Emanuel) |
| Filing 33 First MOTION for pre motion conference by Andrew M. Cuomo, Empire State Development Corporation. (Dorcheh, Maryam) |
| Filing 32 SUMMONS Returned Executed by Crystal Motors of Bayside, Ltd., Crystal Bay Imports Ltd., Plaza Automotive, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd., Plaza Hyundai, Ltd.. Empire State Development Corporation served on 10/30/2020, answer due 11/20/2020. (Kataev, Emanuel) |
| Filing 31 SUMMONS Returned Executed by Crystal Motors of Bayside, Ltd., Crystal Bay Imports Ltd., Plaza Automotive, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd., Plaza Hyundai, Ltd.. Bill de Blasio served on 10/29/2020, answer due 11/19/2020. (Kataev, Emanuel) |
| Filing 30 SUMMONS Returned Executed by Crystal Motors of Bayside, Ltd., Crystal Bay Imports Ltd., Plaza Automotive, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd., Plaza Hyundai, Ltd.. Andrew M. Cuomo served on 10/28/2020, answer due 11/18/2020. (Kataev, Emanuel) |
| Filing 29 Letter State Defendants' Letter responding to Plaintiffs' letter supplementing their papers and arguments by Andrew M. Cuomo, Empire State Development Corporation (Dorcheh, Maryam) |
| Filing 28 Letter MOTION for Leave to File Document supplementing the Plaintiffs' papers and argument at yesterday's hearing by Crystal Bay Imports Ltd., Crystal Motors of Bayside, Ltd., Plaza Automotive, Ltd., Plaza Hyundai, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd.. (Kataev, Emanuel) |
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ORDER granting #28 Motion for Leave to File. So Ordered by Judge William F. Kuntz, II on 10/23/2020. (Dixon, Roy)
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| Minute Entry for proceedings held before Judge William F. Kuntz, II: Telephonic Show Cause Hearing held on 10/22/2020. Appearances: Jamie Scott Felsen and Emanuel Kataev appeared on behalf of the Plaintiffs. Maryam Jazini Dorcheh appeared on behalf of Defendants Governor Andrew M. Cuomo and Empire State Development Corporation. Rachel Kane Moston and Edward Lois Murray, III appeared on behalf of Defendant Mayor Bill de Blasio. All parties present via telephone. Case called. Arguments held. The Court's decision is reserved. (Court Reporter David Roy.) (Love, Alexis) |
| Filing 27 REPLY in Support - Reply Declaration of Adam Rosatti in further support of Plaintiffs' motion for a preliminary injunction (unable to be filed as Affidavit/Declaration in Support because CM/ECF System does not permit Plaintiffs to do so) filed by Crystal Bay Imports Ltd., Crystal Motors of Bayside, Ltd., Plaza Automotive, Ltd., Plaza Hyundai, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd.. (Attachments: #1 Exhibit A - Relevant Portions of Agreements) (Kataev, Emanuel) |
| Filing 26 REPLY in Support of Plaintiffs' motion for a preliminary injunction filed by Crystal Bay Imports Ltd., Crystal Motors of Bayside, Ltd., Plaza Automotive, Ltd., Plaza Hyundai, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd.. (Kataev, Emanuel) |
| Filing 25 Letter MOTION for Leave to File Excess Pages for Plaintiffs' reply memorandum of law in further support of their motion for a preliminary injunction and for leave to submit said reply memorandum of law sans tables of contents and authorities by Crystal Bay Imports Ltd., Crystal Motors of Bayside, Ltd., Plaza Automotive, Ltd., Plaza Hyundai, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd.. (Kataev, Emanuel) |
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ORDER granting #25 Motion for Leave to File Excess Pages So Ordered by Judge William F. Kuntz, II on 10/21/2020. (Kuntz, William)
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| Filing 24 NOTICE of Appearance by Maryam Jazini Dorcheh on behalf of Andrew M. Cuomo, Empire State Development Corporation (aty to be noticed) (Dorcheh, Maryam) |
| Filing 23 DECLARATION re #20 Memorandum in Opposition Jazini Dorcheh Declaration Attaching Transcript in Agudath Matter by Andrew M. Cuomo, Empire State Development Corporation (Attachments: #1 Exhibit Agudath Transcript dated October 9, 2020) (Dorcheh, Maryam) |
| Filing 22 DECLARATION re #21 Memorandum in Opposition Declaration of Commissioner Howard A. Zucker in Support of State Defendants Opposition to Plaintiffs Motion for Preliminary Injunctive Relief by Andrew M. Cuomo, Empire State Development Corporation (Attachments: #1 Exhibit A: WHO Situation Report 1, #2 Exhibit B: Who Situation Report 3, #3 Exhibit C: Statement on the Second Meeting of the International Health Regulation, #4 Exhibit D; WHO Declares Global Pandemic, #5 Exhibit E: National Emergency Declaration signed by President Trump on March 13, 2020, #6 Exhibit F: WHO Article: Transmission of SARS-Co V-2, #7 Exhibit G: CDC: Cleaning Disinfection for Households, #8 Exhibit H: CDC: Social Distancing, #9 Exhibit I: EO 202, #10 Exhibit J: EO 202.3, #11 Exhibit K: EO 202.4, #12 Exhibit L: EO 202.5, #13 Exhibit M: EO 202.6, #14 Exhibit N: EO 202.7, #15 Exhibit O: EO 202.8, #16 Exhibit P: EO 202.31, #17 Exhibit Q: Governor Cuomo's Announcement of Cluster Initiatives, #18 Exhibit R: CDC Frequently Asked Questions, #19 Exhibit S: CDC Implementation of Mitigation Strategies for Communities, #20 Exhibit T: EOE 202.68, #21 Exhibit U: ESD Cluster Action Initiative, #22 Exhibit V: Article: COVID infection cluster reported at Albany auto dealership, #23 Exhibit W: Brooklyn map- dealership area indicated, #24 Exhibit X: Brooklyn Map- Cases over time, #25 Exhibit Y: Brooklyn map- recent only) (Dorcheh, Maryam) |
| Filing 21 MEMORANDUM in Opposition re #5 Memorandum in Support, filed by Bill de Blasio. (Attachments: #1 Declaration Declaration of Dr. Jay Varma) (Moston, Rachel) |
| Filing 20 MEMORANDUM in Opposition re #13 Order on Motion for TRO,,, filed by Andrew M. Cuomo, Empire State Development Corporation. (Dorcheh, Maryam) |
| Filing 19 NOTICE of Appearance by Edward Louis Murray, III on behalf of Bill de Blasio (aty to be noticed) (Murray, Edward) |
| Filing 18 NOTICE of Appearance by Rachel Kane Moston on behalf of Bill de Blasio (aty to be noticed) (Moston, Rachel) |
| Filing 17 AMENDED COMPLAINT made as of right pursuant to Fed. R. Civ. P. 15(a)(1)(A) against Andrew M. Cuomo, Empire State Development Corporation, Bill de Blasio, filed by Crystal Motors of Bayside, Ltd., Crystal Bay Imports Ltd., Plaza Automotive, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd., Plaza Hyundai, Ltd.. (Kataev, Emanuel) |
| Filing 16 Letter MOTION to Expedite briefing schedule for Plaintiffs' Order to show cause seeking temporary restraining Order and preliminary injunction docketed at entries 5-8 and in opposition to Defendants' letter requested docketed at entry 15 by Crystal Bay Imports Ltd., Crystal Motors of Bayside, Ltd., Plaza Automotive, Ltd., Plaza Hyundai, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd.. (Kataev, Emanuel) |
| Filing 15 Letter from State Defendants proposing a briefing schedule for plaintiffs' preliminary injunction motion by Andrew M. Cuomo, Empire State Development Corporation (Dorcheh, Maryam) Modified on 10/15/2020 to reflect letter as a motion. (Love, Alexis) |
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ORDER denying #16 Motion to Expedite. So Ordered by Judge William F. Kuntz, II on 10/15/2020. (Dixon, Roy)
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ORDER granting #15 State Defendants' proposed briefing schedule on Plaintiffs' motion for preliminary injunction. State Defendants' opposition must be filed on or before Tuesday, October 20, 2020 at 4:00 P.M. Plaintiffs' reply, if any, must be filed on or before Wednesday, October 21, 2020 at 4:00 P.M. So Ordered by Judge William F. Kuntz, II on 10/15/2020. (Dixon, Roy)
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| Filing 14 Letter certifying service of Order to show cause with copy of petition and supporting documents upon Defendants as directed by the Court (see Docket Entry 13) by Crystal Bay Imports Ltd., Crystal Motors of Bayside, Ltd., Plaza Automotive, Ltd., Plaza Hyundai, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd. (Kataev, Emanuel) |
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Filing 13
ORDER TO SHOW CAUSE denying #4 Motion for TRO: Upon the annexed declarations of Jaime S. Felsen, Esq. and Adam Rosatti, both sworn to on the eighth (8th) day of October, 2020, and the attached Memorandum of Law in support, LET the Defendants show cause before the Honorable William F. Kuntz, II of this Court to be held via remote court AT&T audio conference on the 22nd day of October, 2020 at 2:00 o'clock in the afternoon of that day, or as soon thereafter as counsel can be heard. Sufficient reasons appearing therefore, let service of a copy of this Order together with the petition and supporting documents upon which it was granted, be made upon the Defendants by overnight delivery on or before the 13th day of October, 2020 at 10:00 o'clock in the forenoon of that day be deemed sufficient service. So Ordered by Judge William F. Kuntz, II on 10/9/2020. (Love, Alexis)
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| Filing 12 NOTICE of Appearance by Jamie Scott Felsen on behalf of Crystal Bay Imports Ltd., Crystal Motors of Bayside, Ltd., Plaza Automotive, Ltd., Plaza Hyundai, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd. (aty to be noticed) (Felsen, Jamie) |
| Filing 11 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 10 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| NOTICE OF HEARING: The previously scheduled Order to Show Cause hearing for Thursday, October 22, 2020 at 2:00 P.M. will proceed via AT&T telephone conference before Judge William F. Kuntz II. All parties are required to attend. The parties are directed to call the toll-free number (888) 684-8852 and input the Access Code 7226130 at the time of the conference. No additional security code is needed. The parties are reminded that they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office. (Love, Alexis) |
| Filing 9 Summons Issued as to Andrew M. Cuomo, Bill de Blasio. (Bowens, Priscilla) |
| Case Assigned to Judge William F. Kuntz, II and Magistrate Judge Sanket J. Bulsara. 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. (Bowens, Priscilla) |
| Filing 8 Corporate Disclosure Statement by Crystal Bay Imports Ltd., Crystal Motors of Bayside, Ltd., Plaza Automotive, Ltd., Plaza Hyundai, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd. (Kataev, Emanuel) |
| Filing 7 AFFIDAVIT/DECLARATION in Support re #4 Proposed MOTION for Temporary Restraining Order by Order to show cause pursuant to Fed. R. Civ. P. 65 by Jamie S. Felsen, Esq. filed by Crystal Bay Imports Ltd., Crystal Motors of Bayside, Ltd., Plaza Automotive, Ltd., Plaza Hyundai, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd.. (Kataev, Emanuel) |
| Filing 6 AFFIDAVIT/DECLARATION in Support re #4 Proposed MOTION for Temporary Restraining Order by Order to show cause pursuant to Fed. R. Civ. P. 65 by Adam Rosatti filed by Crystal Bay Imports Ltd., Crystal Motors of Bayside, Ltd., Plaza Automotive, Ltd., Plaza Hyundai, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd.. (Kataev, Emanuel) |
| Filing 5 MEMORANDUM in Support re #4 Proposed MOTION for Temporary Restraining Order by Order to show cause pursuant to Fed. R. Civ. P. 65 (and for preliminary injunction) filed by Crystal Bay Imports Ltd., Crystal Motors of Bayside, Ltd., Plaza Automotive, Ltd., Plaza Hyundai, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd.. (Kataev, Emanuel) |
| Filing 4 Proposed MOTION for Temporary Restraining Order by Order to show cause pursuant to Fed. R. Civ. P. 65 by Crystal Bay Imports Ltd., Crystal Motors of Bayside, Ltd., Plaza Automotive, Ltd., Plaza Hyundai, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd.. (Kataev, Emanuel) |
| Filing 3 Civil Cover Sheet.. by Crystal Bay Imports Ltd., Crystal Motors of Bayside, Ltd., Plaza Automotive, Ltd., Plaza Hyundai, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd. (Kataev, Emanuel) |
| Filing 2 Proposed Summons. by Crystal Bay Imports Ltd., Crystal Motors of Bayside, Ltd., Plaza Automotive, Ltd., Plaza Hyundai, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd. (Kataev, Emanuel) |
| Filing 1 COMPLAINT seeking declaratory and injunctive relief for violations of Plaintiffs' constitutional rights under the Constitutions of the United States and the State of New York against Andrew M. Cuomo, Empire State Development Corporation, Bill de Blasio filing fee $ 400, receipt number ANYEDC-13494532 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Crystal Motors of Bayside, Ltd., Crystal Bay Imports Ltd., Plaza Automotive, Ltd., Plaza Motors of Brooklyn, Inc., Plaza Oldsmobile, Ltd., Plaza Hyundai, Ltd.. (Kataev, Emanuel) |
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