Kimmel v. Cuomo
| David Kimmel |
| Andrew Cuomo |
| 2:2020cv04142 |
| September 2, 2020 |
| US District Court for the Eastern District of New York |
| Arlene R Lindsay |
| Kiyo A Matsumoto |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Document Text |
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ORDER Denying #3 Unsigned Order to Show Cause: On September 2, 2020, plaintiff filed a proposed Order to Show Cause seeking a preliminary injunction to rescind Executive Order 202.17, requiring a mask or face covering in light of the COVID-19 pandemic, issued by Governor Andrew Cuomo. A preliminary injunction is an extraordinary and drastic remedy, Sussman v. Crawford, 488 F.3d 136, 139 (2d Cir. 2007), which is "never awarded as of right," Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 24 (2008), or "as a routine matter." JSG Training Corp. v. Tray-Wrap, Inc., 917 F.2d 75, 80 (2d Cir. 1990). To obtain a preliminary injunction against governmental action, the moving party must show "(1) irreparable harm absent injunctive relief, (2) a likelihood of success on the merits, and (3) public interest weighing in favor of granting the injunction." Yang v. Kosinski, 960 F.3d 119, 127 (2d Cir. 2020) (internal quotation omitted). "The movant also must show that the balance of equities tips in his favor." Id. (internal quotation marks omitted). Plaintiff has not met this standard. Although plaintiff argues irreparable harm, he cannot demonstrate a likelihood of success or that public interest weighs in favor of granting the injunction. See, e.g., Murphy v. Lamont, 3:20-CV-0694 (JCH), 2020 WL 4435167, at *9 (D. Conn. Aug. 3, 2020) (denying preliminary injunction for similar COVID-19 pandemic Executive Orders). Accordingly, plaintiff's request for immediate relief is hereby denied. The Clerk of Court is respectfully directed to serve plaintiff with a copy of this Order and note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 10/20/2020. (Brasky, Michael)
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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. (Davis, Kimberly) |
| Filing 3 Unsigned Order to Show Cause by David Kimmel (Davis, Kimberly) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by David Kimmel. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Andrew Cuomo, filed by David Kimmel. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
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| Plaintiff: David Kimmel | |
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| Defendant: Andrew Cuomo | |
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