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
This docket was last retrieved on January 22, 2021. A more recent docket listing may be available from PACER.
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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 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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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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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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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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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 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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