Association of Jewish Camp Operators et al v. Cuomo
| Samuel Werzberger, Gail Zahtz, Beth Statfeld, Ariela Orkaby and Association of Jewish Camp Operators |
| Andrew M. Cuomo |
| 1:2020cv00687 |
| June 18, 2020 |
| US District Court for the Northern District of New York |
| Gary L Sharpe |
| Daniel J Stewart |
| Glenn T Suddaby |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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| Filing 31 ANSWER to #1 Complaint, by Andrew M. Cuomo.(Liberati-Conant, Christopher) |
Filing 30
TEXT ORDER granting Defendant's #29 Letter Request seeking an extension of time to file response to the Complaint in this matter. Defendant shall file a response on or before July 30, 2020. SO ORDERED by Magistrate Judge Daniel J. Stewart on 7/10/2020. (mab)
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| Filing 29 Letter Motion from AAG Liberati-Conant for Andrew M. Cuomo requesting extension of time to respond to the complaint submitted to Judge Stewart . (Liberati-Conant, Christopher) |
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Filing 28
DECISION AND ORDER that Plaintiffs' motion for a preliminary injunction (Dkt. No. #7 ) is DENIED. Signed by Chief Judge Glenn T. Suddaby on 7/6/2020. (sal )
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| Filing 27 NOTICE of Appearance by William Alexander Smith on behalf of All Plaintiffs (Smith, William) |
| Filing 26 MEMORANDUM OF LAW re #20 Reply to Response to Motion, #7 Motion for TRO,,,, Motion for Preliminary Injunction,,, filed by Association of Jewish Camp Operators, Ariela Orkaby, Beth Statfeld, Samuel Werzberger, Gail Zahtz. (Attachments: #1 Declaration of Jeffrey Henderson, MD, PHD)(Schick, Avi) |
| Filing 25 RESPONSE in Opposition re #7 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction filed by Andrew M. Cuomo. (Attachments: #1 Declaration Supplemental Declaration of Brad Hutton, #2 Exhibit(s) Exhibit A - June 30 Press Conference, #3 Exhibit(s) Exhibit B, Higher Ed Interim Guidance and Guidelines)(Liberati-Conant, Christopher) |
| Filing 24 TRANSCRIPT of Proceedings: Motion Hearing held on 6/30/2020 before Judge Glenn T. Suddaby, Court Reporter: Hannah Cavanaugh, Telephone number: 315-234-8545. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/22/2020. Redacted Transcript Deadline set for 8/3/2020. Release of Transcript Restriction set for 9/29/2020. Notice of Intent to Redact due by 7/6/2020 (hfc, ) |
| Filing 23 TRANSCRIPT REQUEST by Andrew M. Cuomo for proceedings held on 06/30/2020 before Judge Suddaby.. (Liberati-Conant, Christopher) |
| TEXT Minute Entry for proceedings held via Skype for Business before Chief Judge Glenn T. Suddaby: Motion Hearing held on 6/30/2020 re Motion #7 for Preliminary Injunction filed by Association of Jewish Camp Operators, Beth Statfeld, Samuel Werzberger, Gail Zahtz, and Ariela Orkaby. After hearing oral argument from counsel, Chief Judge Suddaby RESERVES DECISION and gives counsel an opportunity to submit further briefing by 5:00 PM on July 1, 2020 limited to ten (10) pages. A written decision will be forthcoming. APP: Avi Schick, Esq. and William Alexander Smith, Esq. (by video) for Plaintiffs. Christopher Liberati-Conant, Esq. (by video) and Colleen Galligan, AAG (by phone) for Defendant. Time: 10:00 AM - 11:26 AM. (Court Reporter Hannah Cavanaugh) (sal). |
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Filing 22
TEXT ORDER granting #19 Motion for Limited Admission Pro Hac Vice. Attorney William A. Smith is hereby admitted to practice in this action on behalf of Plaintiffs. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 6/29/2020. (mab)
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Filing 21
TEXT ORDER : With respect to any request made by the public to access the hearing scheduled for June 30, 2020 via Skype for Business, in civil cases, the public may access the hearing by viewing the video proceeding in a designated area of the U.S. Courthouse in Syracuse, New York or Albany, New York, upon request, and MAY NOT record any part of the hearing. Judicial Conference policy generally prohibits the broadcasting of proceedings in federal trial courts (JCUS-SEP 94, pp. 46-47; Guide to Judiciary Policy, Vol. 10, Ch. 4). The Executive Committee of the Judicial Conference, however, has approved a temporary exception to the policy to allow a judge to authorize the use of viewing the video proceeding in a designated area of the the U.S. Courthouse to provide the public and the media audio access to court proceedings. SO ORDERED by Chief Judge Glenn T. Suddaby on 6/29/2020. (sal)
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| Filing 20 REPLY to Response to Motion re #7 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction filed by Association of Jewish Camp Operators, Ariela Orkaby, Beth Statfeld, Samuel Werzberger, Gail Zahtz. (Attachments: #1 Declaration of Daniel S. Berman, #2 Declaration of Avi Schick, #3 Exhibit(s) N, #4 Exhibit(s) O, #5 Exhibit(s) P, #6 Exhibit(s) Q, #7 Exhibit(s) R)(Schick, Avi) |
| Filing 19 MOTION for Limited Admission Pro Hac Vice of William Alexander Smith Filing fee $100, receipt number ANYNDC-5156608. filed by Association of Jewish Camp Operators, Ariela Orkaby, Beth Statfeld, Samuel Werzberger, Gail Zahtz. (Attachments: #1 Declaration, #2 Exhibit(s) Attorney Registration Form, #3 Exhibit(s) Petition for Admission, #4 Exhibit(s) Certificate of Good Standing) Motions referred to Daniel J. Stewart. (Schick, Avi) |
| Filing 18 NOTICE of Appearance by Avi Schick on behalf of Association of Jewish Camp Operators, Ariela Orkaby, Beth Statfeld, Samuel Werzberger, Gail Zahtz (Schick, Avi) |
| Set Deadlines: A hearing on Plaintiffs' motion for a temporary restraining order and preliminary injunction shall be held at 10:00 A.M. on Tuesday, June 30, 2020, via Skype for Business. The Court's deputy clerk will contact the parties shortly with details pertaining to the use of Skype for Business. (sal ) |
| Filing 17 RESPONSE in Opposition re #7 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction filed by Andrew M. Cuomo. (Attachments: #1 Declaration in Opposition to the TRO Motion, #2 Exhibit(s) to Liberati-Conant Declaration, #3 Declaration in Opposition to TRO Motion, #4 Exhibit(s) Exhibits to Hutton Declaration)(Liberati-Conant, Christopher) |
| Filing 16 AFFIDAVIT of Service for Emergency Motion for Temporary Restraining Order and Preliminary Injunction and Order to Show Cause with Supporting Documents served on Christopher Liberati-Conant on June 24, 2020, filed by Association of Jewish Camp Operators, Ariela Orkaby, Beth Statfeld, Samuel Werzberger, Gail Zahtz. (Moskowitz, Bennet) |
| Filing 15 SUMMONS Returned Executed by Beth Statfeld, Association of Jewish Camp Operators, Ariela Orkaby, Samuel Werzberger, Gail Zahtz. Andrew M. Cuomo served on 6/22/2020, answer due 7/13/2020. (Moskowitz, Bennet) |
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Filing 14
TEXT ORDER directing Attorneys Moskowitz and Schick to comply with Local Rules 10.1 and 83.1. On 06/19/2020, notices of admission requirement were issued to Attorneys Avi Schick, Misha Tseytlin, and W. Alex Smith, because their names had been included as attorneys for Plaintiffs in their Verified Complaint, even though none of those attorneys are admitted to practice in this Court. (Dkt. Nos. #4 , #5 , #6 .) In those notices, the three attorneys were advised, among other things, that "all future filings... should be made in accordance with the Local Rules of this Court." (Id.) Despite that fact, on 06/22/2020, Attorney Bennet J. Moskowitz (who had filed, but not signed, Plaintiffs' Complaint) filed, but did not sign, a motion signed by the three attorneys. (Dkt. No. #7 .) On that same date, Attorney Moskowitz filed, but did not sign, a letter signed by Attorney Schick. (Dkt. No. #8 .) On 06/23/2020, Attorney Moskowitz again filed, but did not sign, a letter signed by Attorney Schick. (Dkt. No. #10 .) Attorney Moskowitz is respectfully reminded that he may not file documents in this Court on behalf of another attorney. N.D.N.Y. L.R. 10.1(c)2. Moreover, Attorney Schick is respectfully reminded that, before he may continue to appear and enjoy the privileges of an attorney of record, he must be admitted in compliance with Local Rule 83.1. SO ORDERED by Chief Judge Glenn T. Suddaby on 6/24/2020. (sal)
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Filing 13
TEXT ORDER granting #7 , #8 and #10 Plaintiffs' application for an Order to Show Cause. Plaintiffs' application is supported by a showing of good cause why the standard Notice of Motion procedure cannot be used, as required by Local Rule 7.1(e) of the Local Rules of Practice for this Court. (See, e.g., Dkt. No. #7 , Attach. 18, at 3-5, 8.) Furthermore, Plaintiffs have already given reasonable advance notice of the action, the motion for a TRO and the application. (Dkt. No. #7 , Attach. 18, at 9; Dkt. No. #9 .) Plaintiffs shall serve this Text Order and their motion papers on Defendant immediately by both email and overnight mail. Plaintiffs shall also serve Defendant with a copy of their Complaint in accordance with the Federal Rules of Civil Procedure. Plaintiffs shall file proofs of service with the Court immediately following service as prescribed herein. Defendant's response papers are due by 5:00 P.M. on Friday, June 26, 2020. Plaintiffs' reply papers are due by 12:00 P.M. (noon) on Monday, June 29, 2020. A hearing on Plaintiffs' motion for a temporary restraining order and preliminary injunction shall be held at 10:00 A.M. on Tuesday, June 30, 2020, via Skype for Business. The Court's deputy clerk will contact the parties with details pertaining to the use of Skype for Business. SO ORDERED by Chief Judge Glenn T. Suddaby on 6/24/2020. (sal )
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| CLERK'S CORRECTION OF DOCKET ENTRY re #12 Notice of Appearance. Document image included a second page containing information from a different case. Clerk removed second page and uploaded corrected document image. (dpk) |
| Filing 12 NOTICE of Appearance by Christopher Liberati-Conant on behalf of Andrew M. Cuomo (Liberati-Conant, Christopher) (Main Document 12 replaced on 6/24/2020) (dpk, ). |
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Filing 11
ORDER REASSIGNING CASE. Case reassigned to Chief Judge Glenn T. Suddaby for all further proceedings. Senior Judge Gary L. Sharpe no longer assigned to case. Signed by Chief Judge Glenn T. Suddaby on 6/23/2020. (dpk)
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| Filing 10 Letter Motion from Avi Schick for Association of Jewish Camp Operators, Ariela Orkaby, Beth Statfeld, Samuel Werzberger, Gail Zahtz requesting Letter regarding Request for Temporary Restraining Order Upon Order to Show Cause submitted to Judge Hon. Gary L. Sharpe . (Moskowitz, Bennet) |
| Filing 9 LETTER BRIEF in Resonse to Plaintiff's Letter Dated March 22, 2020 by Andrew M. Cuomo. (Liberati-Conant, Christopher) |
| Filing 8 Letter Motion from Avi Schick for Association of Jewish Camp Operators, Ariela Orkaby, Beth Statfeld, Samuel Werzberger, Gail Zahtz requesting Request for Temporary Restraining Order Upon Order to Show Cause submitted to Judge Hon. Gary L. Sharpe . (Moskowitz, Bennet) |
| Filing 7 Emergency MOTION for Temporary Restraining Order , Emergency MOTION for Preliminary Injunction by Association of Jewish Camp Operators, Ariela Orkaby, Beth Statfeld, Samuel Werzberger, Gail Zahtz. (Attachments: #1 Order to Show Cause, #2 Memorandum of Law, #3 Declaration of Avi Schick attaching exhibits, #4 Exhibit(s) A, #5 Exhibit(s) B, #6 Exhibit(s) C, #7 Exhibit(s) D, #8 Exhibit(s) E, #9 Exhibit(s) F, #10 Exhibit(s) G, #11 Exhibit(s) H, #12 Exhibit(s) I, #13 Exhibit(s) J, #14 Exhibit(s) K, #15 Exhibit(s) L, #16 Exhibit(s) M, #17 Declaration of Avi Schick regarding Notice, #18 Declaration of Avi Schick regarding Order to Show Cause, #19 Declaration of Meir Frischman, #20 Declaration of Daniel S. Berman MD, #21 Declaration of Ariela Orkaby Sherman MD, MPH, #22 Declaration of Rabbi Avrohom Schwartz, #23 Declaration of Gail Zahtz)(Moskowitz, Bennet) |
| Filing 6 NOTICE of Admission Requirement as to Party Association of Jewish Camp Operators et al; Attorney Alex Smith, Esq. admissions due by 7/6/2020. (dpk) |
| Filing 5 NOTICE of Admission Requirement as to Party Association of Jewish Camp Operators et al. Attorney Misha Tseytlin, Esq. admissions due by 7/6/2020. (dpk) |
| Filing 4 NOTICE of Admission Requirement as to Party Association of Jewish Camp Operators et al; Attorney Avi Schick, Esq. admissions due by 7/6/2020. (dpk) |
| Filing 3 Summons Issued as to Andrew M. Cuomo. (dpk) |
| Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/17/2020 at 9:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/10/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (dpk) |
| Filing 1 COMPLAINT against Andrew M. Cuomo (Filing fee $400 receipt number ANYNDC-5147909) filed by Beth Statfeld, Association of Jewish Camp Operators, Ariela Orkaby, Samuel Werzberger and Gail Zahtz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Civil Cover Sheet)(dpk) |
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