Lebovits et al v. Cuomo et al
| Chana Shapiro-Lebovits, Yitzchok Lebovits and Bais Yaakov Ateres Miriam |
| New York City Department of Health and Mental Hygiene, City of New York, Howard A. Zucker, Letitia James, Andrew M. Cuomo and Bill De Blasio |
| Claremont Center for Constitutionial Jurisprudence, Asma Uddin, The Muslim Public Affairs Council and Religious Freedom Institute's Islam and Religious Freedom Action Team |
| 1:2020cv01284 |
| October 16, 2020 |
| US District Court for the Northern District of New York |
| Gary L Sharpe |
| Daniel J Stewart |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 50
TEXT ORDER granting #48 Letter Request. Defendants' time to respond to the complaint is extended to January 15,2021. In light of the extension, the Initial Conference, initially set for January 19, 2021, is RESET for March 1, 2021 at 9:30 AM in Albany before the undersigned. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before February 22, 2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) SO ORDERED by Magistrate Judge Daniel J. Stewart on 12/3/2020. (dpk)
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| Filing 49 NOTICE of Appearance by Daniel Chen on behalf of Bais Yaakov Ateres Miriam, Yitzchok Lebovits, Chana Shapiro-Lebovits (Chen, Daniel) |
| Filing 48 Letter Motion from AAG Liberati-Conant for Andrew M. Cuomo, Letitia James, Howard A. Zucker requesting Extension of Defendants' Time to Respond to the Complaint to January 15, 2020, on Consent submitted to Judge Stewart . (Liberati-Conant, Christopher) |
| Filing 47 NOTICE of Appearance by Daniel G. Saavedra on behalf of City of New York, Bill De Blasio, New York City Department of Health and Mental Hygiene (Saavedra, Daniel) |
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Filing 46
Text Only Order - In light of the withdrawal of plaintiffs' motion for injunctive relief, (Dkt. No. 45), the status conference scheduled for November 17, 2020 at 1:30 P.M. is ADJOURNED. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 11/17/2020. (jel, )
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| Filing 45 Letter Motion from Counsel for Plaintiffs for Bais Yaakov Ateres Miriam, Yitzchok Lebovits, Chana Shapiro-Lebovits requesting Withdrawal of Application for Temporary Restraining Order submitted to Judge Gary L. Sharpe . (Rienzi, Mark) |
| Filing 44 NOTICE of Appearance by Melanie Sadok on behalf of City of New York, Bill De Blasio, New York City Department of Health and Mental Hygiene (Sadok, Melanie) |
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Filing 43
TEXT ORDER granting #13 Motion for Limited Admission Pro Hac Vice. Attorney Melanie Sadok is hereby admitted to practice in the action on behalf of defendant. 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. So Ordered by Magistrate Judge Daniel J. Stewart on 11/10/2020. (dpk)
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Filing 42
ORDER granting #26 Motion for Limited Admission Pro Hac Vice. Attorney Daniel Saavedra is hereby admitted to practice in this action on behalf of defendant. 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. So Ordered by Magistrate Judge Daniel J. Stewart on 11/10/2020. (dpk)
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| TEXT ONLY NOTICE of Hearing: Status Conference set for 11/17/2020 at 01:30 PM in Albany before Senior Judge Gary L. Sharpe. (jel, ) |
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Filing 41
TEXT ORDER granting #40 Letter Request. Signed by Magistrate Judge Daniel J. Stewart on 11/5/2020. (gjr)
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| Filing 40 Consent Letter Motion from Melanie V. Sadok for City of New York, Bill De Blasio, New York City Department of Health and Mental Hygiene requesting extension to respond to complaint submitted to Judge Stewart . (Sadok, Melanie) |
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Filing 39
ORDER granting #37 Letter Request. Time to respond to complaint is extended to 12/4/2020. Signed by Magistrate Judge Daniel J. Stewart on 11/3/2020. (dpk)
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| Filing 38 NOTICE of Appearance by Mark Rienzi on behalf of Bais Yaakov Ateres Miriam, Yitzchok Lebovits, Chana Shapiro-Lebovits (Rienzi, Mark) |
| Filing 37 Letter Motion from AAG Liberati-Conant for Andrew M. Cuomo, Letitia James, Howard A. Zucker requesting Extension of Defendants' Time to Answer submitted to Judge Sharpe . (Liberati-Conant, Christopher) |
| Filing 36 NOTICE of Appearance by Joshua Blackman on behalf of Bais Yaakov Ateres Miriam, Yitzchok Lebovits, Chana Shapiro-Lebovits (Blackman, Joshua) |
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Filing 35
Text Only Order - Plaintiffs' request for an adjournment of the status conference scheduled for November 4, 2020, (Dkt. No. 34), is GRANTED sine die. The status conference will be rescheduled in due course. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 10/28/2020. (jel, )
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| Filing 34 Consent Letter Motion from Counsel for Plaintiffs for Bais Yaakov Ateres Miriam, Yitzchok Lebovits, Chana Shapiro-Lebovits requesting Rescheduled Status Conference submitted to Judge Gary L. Sharpe . (Rassbach, Eric) |
| Filing 33 AFFIDAVIT of Service for Summons, Verified Complaint, and Filing Order/General Order #25 served on Bill de Blasio, in his individual capacity on 10/26/2020, filed by Bais Yaakov Ateres Miriam, Yitzchok Lebovits, Chana Shapiro-Lebovits. (Rassbach, Eric) |
| Filing 32 Supplemental Admission documents re: #26 Motion for Limited Admission Pro Hac Vice,. (Attachments: #1 Exhibit(s) Sponsor Declaration, #2 Exhibit(s) Registration, #3 Exhibit(s) Petition, #4 Exhibit(s) Certificate of Good Standing)(Meltzer, Hilary) |
| Filing 31 Supplemental Admission documents re: #13 Motion for Limited Admission Pro Hac Vice,. (Attachments: #1 Exhibit(s) Sponsor Declaration, #2 Exhibit(s) Registration, #3 Exhibit(s) Petition for Admission, #4 Exhibit(s) Certificate of Good Standing)(Meltzer, Hilary) |
| Filing 30 AFFIDAVIT of Service for Summons, Verified Complaint, and Filing Order/General Order #25 served on Andrew Cuomo, in his individual capacity on 10/26/2020, filed by Bais Yaakov Ateres Miriam, Claremont Center for Constitutionial Jurisprudence, Yitzchok Lebovits. (Rassbach, Eric) |
| Filing 29 NOTICE of Appearance by Joseph Davis on behalf of Bais Yaakov Ateres Miriam, Yitzchok Lebovits, Chana Shapiro-Lebovits (Davis, Joseph) |
| Filing 28 NOTICE of Appearance by William Haun on behalf of Bais Yaakov Ateres Miriam, Yitzchok Lebovits, Chana Shapiro-Lebovits (Haun, William) |
| Notice of Filing Deficiency re: #26 Motion for Limited Admission Pro Hac Vice of Daniel Saavedra #13 Motion for Limited Admission Pro Hac Vice of Melody Sadok. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: completed and signed Attorney Registration Forms; Completed and signed Declarations of Sponsor, Completed and signed Petitions for Admission to practice. The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| TEXT ONLY NOTICE of Hearing: Skype Status Conference set for 11/4/2020 at 10:00 AM in Albany before Senior Judge Gary L. Sharpe. A Skype link will be sent to counsel shortly.(jel, ) |
| Filing 27 Amicus Curiae APPEARANCE entered by James Cleith Phillips on behalf of Claremont Center for Constitutionial Jurisprudence. (Attachments: #1 Declaration Declaration of James C. Phillips, #2 Exhibit(s) Amicus Brief, #3 Proposed Order/Judgment Proposed Order)(Phillips, James) |
| Filing 26 MOTION for Limited Admission Pro Hac Vice of Daniel Saavedra Filing fee $100, receipt number ANYNDC-5291410. filed by City of New York. (Attachments: #1 Exhibit(s) Sponsor Declaration, #2 Exhibit(s) Registration Form, #3 Exhibit(s) Petition for Admission, #4 Exhibit(s) Certificate of Good Standing) Motions referred to Daniel J. Stewart. (Meltzer, Hilary) |
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Filing 25
Text Only Order - Pending before the court is the State defendants' request for an extension of time to respond to plaintiffs' motion (Dkt. No. 24.) State defendants' response deadline of October 23, 2020 at 5:00 PM is hereby STAYED. State defendants' letter request, (Dkt. No. 24), is taken under advisement. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 10/23/2020. (jel, )
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| Filing 24 Letter Motion from AAG Liberati-Conant for Andrew M. Cuomo, Letitia James, Howard A. Zucker requesting Extension of PI Deadlines . (Liberati-Conant, Christopher) |
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Filing 23
Text Only Order - Pending before the court is the City defendants' request for an extension of time to respond to plaintiffs' motion (Dkt. No. 20) and plaintiffs' response to the request. (Dkt. No. 22.) City defendants' response deadline of October 23, 2020 at 5:00 PM is hereby STAYED. City defendants' letter request is taken under advisement. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 10/23/2020. (jel, )
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| Filing 22 RESPONSE TO LETTER BRIEF filed by Bais Yaakov Ateres Miriam, Yitzchok Lebovits, Chana Shapiro-Lebovits as to #20 Letter Request/Motion filed by Bill De Blasio, New York City Department of Health and Mental Hygiene, City of New York . (Rassbach, Eric) |
| Filing 21 Summonses Issued as to Andrew M. Cuomo and Bill De Blasio, in their individual capacities. (Attachments: #1 Summons for Bill de Blasio, in his individual capacity)(see) |
| Filing 20 First Letter Motion from Melanie V. Sadok for City of New York, Bill De Blasio, New York City Department of Health and Mental Hygiene requesting extension to respond to motion submitted to Judge Sharpe . (Sadok, Melanie) |
| Filing 19 First MOTION for Leave to File an Amicus Brief filed by The Muslim Public Affairs Council. (Attachments: #1 Exhibit(s) Proposed Amicus Brief, #2 Proposed Order/Judgment) Motions referred to Daniel J. Stewart. (Barclay, Stephanie) |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS(ES): Bais Yaakov Ateres Miriam, Yitzchok Lebovits, Chana Shapiro-Lebovits is requesting summons(es) be issued as to (Rassbach, Eric) |
| Filing 17 AFFIDAVIT of Service for Summons, Verified Complaint, and Filing Order/General Order #25 served on New York City Department of Health and Mental Hygiene on 10/22/2020, filed by Bais Yaakov Ateres Miriam, Yitzchok Lebovits, Chana Shapiro-Lebovits. (Rassbach, Eric) |
| Filing 16 AFFIDAVIT of Service for Summons, Verified Complaint, and Filing Order/General Order #25 served on Mayor Bill de Blasio on 10/22/2020, filed by Bais Yaakov Ateres Miriam, Yitzchok Lebovits, Chana Shapiro-Lebovits. (Rassbach, Eric) |
| Filing 15 AFFIDAVIT of Service for Summons, Verified Complaint, and Filing Order/General Order #25 served on The City of New York on 10/22/2020, filed by Bais Yaakov Ateres Miriam, Yitzchok Lebovits, Chana Shapiro-Lebovits. (Rassbach, Eric) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS(ES): Bais Yaakov Ateres Miriam, Yitzchok Lebovits, Chana Shapiro-Lebovits is requesting summons(es) be issued as to (Rassbach, Eric) |
| Filing 13 MOTION for Limited Admission Pro Hac Vice of Melanie V. Sadok Filing fee $100, receipt number ANYNDC-5288952. filed by City of New York. (Attachments: #1 Exhibit(s) Declaration of Sponsor, #2 Exhibit(s) Attorney Registration, #3 Exhibit(s) Petition, #4 Exhibit(s) Certificate of Good Standing) Motions referred to Daniel J. Stewart. (Meltzer, Hilary) |
| ***Answer due date updated for City of New York answer due 11/12/2020; Bill De Blasio answer due 11/12/2020; New York City Department of Health and Mental Hygiene answer due 11/12/2020. (see) |
| ***Answer due date updated for Andrew M. Cuomo answer due 11/12/2020; Letitia James answer due 11/12/2020; Howard A. Zucker answer due 11/12/2020. (see) |
| Filing 12 of Supplement to Certificate of Service NOTICE by Bais Yaakov Ateres Miriam, Yitzchok Lebovits, Chana Shapiro-Lebovits (Rassbach, Eric) |
| Filing 11 AFFIDAVIT of Service for Summons, Verified Complaint, and Filing Order/General Order #25 served on Commissioner of the New York State Department of Health Howard Zucker on 10/21/2020, filed by Bais Yaakov Ateres Miriam, Yitzchok Lebovits, Chana Shapiro-Lebovits. (Rassbach, Eric) |
| Filing 10 AFFIDAVIT of Service for Summons, Verified Complaint, and Filing Order/General Order #25 served on Attorney General Letitia James on 10/21/2020, filed by Bais Yaakov Ateres Miriam, Yitzchok Lebovits, Chana Shapiro-Lebovits. (Rassbach, Eric) |
| Filing 9 AFFIDAVIT of Service for Summons, Verified Complaint, and Filing Order/General Order #25 served on Governor Andrew Cuomo on 10/21/2020, filed by Bais Yaakov Ateres Miriam, Yitzchok Lebovits, Chana Shapiro-Lebovits. (Rassbach, Eric) |
| Filing 8 NOTICE of Appearance by Christopher Liberati-Conant on behalf of Andrew M. Cuomo, Letitia James, Howard A. Zucker (Liberati-Conant, Christopher) |
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Filing 7
TEXT ONLY ORDER - Pending is plaintiffs' application for a temporary restraining order, or, in the alternative, preliminary injunction, brought by order to show cause. (Dkt. No. 6.) Plaintiffs seek to "prevent[] Defendants from enforcing executive orders, implementing orders, and plans that bar the opening of a religious school for in-person education." (Dkt. No. 6 at 2.) The court will take no action until defendants have had an opportunity to respond to the current application, and all parties have had an opportunity to weigh in on whether a hearing is necessary to resolve any factual issues. Defendants shall file a response to plaintiffs' application on or before October 23, 2020 at 5:00PM. Plaintiffs may file a reply on or before October 26, 2020 at 5:00PM. A video conference via Skype will be scheduled thereafter. Plaintiffs shall serve a copy of this Text Only Order on defendants who have not yet appeared by overnight mail and electronic mail, if available. Finally, all parties who have not yet done so, shall file a notice of appearance immediately. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 10/21/2020. (jel, )
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| Filing 6 Emergency MOTION for Temporary Restraining Order (Order to Show Cause) by Bais Yaakov Ateres Miriam, Yitzchok Lebovits, Chana Shapiro-Lebovits. (Attachments: #1 Affidavit, #2 Memorandum of Law, #3 Declaration Exhibit 1 (Eric C. Rassbach), #4 Declaration Exhibit 2 (Rabbi Neuman), #5 Declaration Exhibit 3 (Yitzchok Lebovits), #6 Declaration Exhibit 4 (Timothy P. Flanigan))(Rassbach, Eric) |
| Filing 5 NOTICE of Admission Requirement as to Party plaintiffs; Attorney Josh Blackman. Phone number is (202) 294-9003. Admissions due by 11/2/2020. {Mailed to Attorney Blackman on 10/19/2020 by regular mail}(see) |
| Filing 4 NOTICE of Admission Requirement as to Party plaintiffs; Attorney Mark L. Rienzi. Phone number is (202) 955-0095. Admissions due by 11/2/2020. {Admission letter mailed to Attorney Rienzi on 1019/2020 by regular mail}(see) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/19/2021 at 09:00 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 1/12/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see) |
| Filing 2 Summonses Issued as to City of New York, Andrew M. Cuomo, Bill De Blasio, Letitia James, New York City Department of Health and Mental Hygiene, and Howard A. Zucker. (Attachments: #1 Summons for Bill De Blasio, #2 Summons for Letitia James, #3 Summons for Howard A. Zucker, #4 Summons for the City of New York, #5 Summons for New York City Department of Health and Mental Hygiene)(see) |
| Filing 1 COMPLAINT WITH JURY DEMAND against City of New York, Andrew M. Cuomo, Bill De Blasio, Letitia James, New York City Department of Health and Mental Hygiene, and Howard A. Zucker (Filing fee $400 receipt number ANYNDC-5282990) filed by Chana Shapiro-Lebovits, Yitzchok Lebovits, and Bais Yaakov Ateres Miriam. (Attachments: #1 Civil Cover Sheet)(see) |
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