Iosilevich v. City of New York et al
| Ilya Feliksovich Iosilevich |
| Bill De Blasio, City of New York, Office of the Mayor, Warren Wilhelm, Jr. and Warren de Blasio-Wilhelm |
| 1:2021cv04717 |
| August 20, 2021 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Rachel P Kovner |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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ORDER. The Motion for Leave to Proceed in forma pauperis at #2 is granted. Ordered by Judge Rachel P. Kovner on 10/5/2021. (JB)
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Order denying motion for temporary restraining order at #3 : Pro se plaintiff seeks a temporary restraining order enjoining defendants from enforcing certain COVID testing and vaccination requirements applicable to current and newly hired city employees, as well as certain restrictions on the entry of unvaccinated persons into places of public accommodation. A temporary restraining order is an extraordinary and drastic remedy. Moore v. Consol. Edison Co., 409 F.3d 506, 510 (2d Cir. 2005) (citation and internal quotation marks omitted); Free Country Ltd v. Drennen, 235 F. Supp. 3d 559, 565 (S.D.N.Y. 2016). Such relief is available only if a plaintiff shows a likelihood of irreparable harm in the absence of injunctive relief, among other requirements. Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 22 (2008). Irreparable harm must be neither remote nor speculative, but actual and imminent. New York v. U.S. Dept of Homeland Security, 969 F.3d 42, 86 (2d Cir. 2020) (quoting New York ex rel. Schneiderman v. Actavis PLC, 787 F.3d 638, 660 (2d Cir. 2015)). An injury that can be remedied by an award of monetary damages is not irreparable harm. Ibid. Plaintiff, who is neither a current nor a newly hired city employee, has not established a likelihood of irreparable harm from testing or vaccination requirements applicable to such individuals. And plaintiff's allegation that he will suffer economic los[s]es in traveling to NJ to dine in [and] take [his] girlfriend to dinner and that his gym membership will be cancelled do not adequately allege harm that cannot be remedied through monetary damages from an executive order concerning public accommodations. Accordingly, plaintiff's motion is denied. Plaintiff's motion for leave to proceed in forma pauperis is granted for the limited purpose of resolving his application for emergency relief. Ordered by Judge Rachel P. Kovner on 8/23/2021. (Bell, Jason)
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| Filing 4 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) |
| Filing 3 Unsigned Order to Show Cause by Ilya Feliksovich Iosilevich (Bowens, Priscilla) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Ilya Feliksovich Iosilevich. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants, filed by Ilya Feliksovich Iosilevich. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
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