Geller v. Cuomo et al
| Pamela Geller |
| Dermot Shea, Bill de Blasio, Andrew Cuomo, Commissioner Dermot Shea, Governor Andrew Cuomo and Mayor Bill De Blasio |
| 1:2020cv04653 |
| June 17, 2020 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on September 27, 2021. A more recent docket listing may be available from PACER.
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Filing 37
STIPULATION AND ORDER STAYING PROCEEDINGS PENDING INTERLOCUTORY APPEAL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for the parties, that: This action is stayed pending the resolution of all appeals of the Court's August 3 Order. Defendants' answers or responsive motions shall be due thirty days after the Second Circuit issues its mandate or, in the event that a party seeks further review from the Supreme Court, thirty days after the Supreme Court's ruling or denial of certiorari. This stipulation may be executed in counterparts, and a facsimile or email signature on this stipulation shall be treated as an original. SO ORDERED. Motions terminated: #36 JOINT LETTER MOTION to Stay Pending Interlocutory Appeal addressed to Judge Edgardo Ramos from James M. Thompson dated August 7, 2020. filed by Andrew Cuomo. (Signed by Judge Edgardo Ramos on 8/7/2020) (rro)
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Filing 36
JOINT LETTER MOTION to Stay Pending Interlocutory Appeal addressed to Judge Edgardo Ramos from James M. Thompson dated August 7, 2020. Document filed by Andrew Cuomo. (Attachments: #1 Exhibit A - Stipulation and Proposed Order).(Thompson, James)
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Case Stayed (rro)
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Filing 35
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/23/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 34
TRANSCRIPT of Proceedings re: CONFERNECE held on 7/23/2020 before Judge Edgardo Ramos. Court Reporter/Transcriber: Martha Martin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2020. Redacted Transcript Deadline set for 9/8/2020. Release of Transcript Restriction set for 11/3/2020..(McGuirk, Kelly)
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Filing 33
NOTICE OF APPEAL from #32 Memorandum & Opinion,,. Document filed by Pamela Geller. Filing fee $ 505.00, receipt number ANYSDC-20991303. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Yerushalmi, David)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #33 Notice of Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #33 Notice of Appeal filed by Pamela Geller were transmitted to the U.S. Court of Appeals. (tp)
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Filing 32
OPINION AND ORDER re: #16 MOTION for Preliminary Injunction filed by Pamela Geller. Because Geller has failed to show a clear or substantial likelihood of success, her motion for a preliminary injunction is DENIED. As requested by Geller at the preliminary injunction hearing, her motion for injunctive relief pending appeal is also DENIED. The Clerk of Court is respectfully directed to terminate motion, Doc. 16. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 8/3/2020) (rro)
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Filing 31
NOTICE OF APPEARANCE by Robert J. Muise on behalf of Pamela Geller..(Muise, Robert)
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Filing 30
ORDER granting #29 Letter Motion for Oral Argument. A hearing will be held in this matter on July 23, 2020 at 10:00 AM. At the time of the hearing, the parties shall call the Court using the following conference call information: (877) 411-9748; Access Code 3029857. SO ORDERED. (Signed by Judge Edgardo Ramos on 7/15/2020) (jca)
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Set/Reset Hearings: Telephone Conference set for 7/23/2020 at 10:00 AM before Judge Edgardo Ramos. (jca)
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Filing 29
LETTER MOTION for Oral Argument re Motion for Preliminary Injunction addressed to Judge Edgardo Ramos from David Yerushalmi dated 07/14/2020. Document filed by Pamela Geller..(Yerushalmi, David)
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Filing 28
REPLY MEMORANDUM OF LAW in Support re: #16 MOTION for Preliminary Injunction . . Document filed by Pamela Geller. (Attachments: #1 Affidavit Yerushalmi Decl. as Ex. 1 to Memorandum, #2 Exhibit A to Yerushalmi Decl., #3 Exhibit B to Yerushalmi Decl., #4 Exhibit C to Yerushalmi Decl., #5 Exhibit D to Yerushalmi Decl., #6 Exhibit E to Yerushalmi Decl., #7 Exhibit F to Yerushalmi Decl., #8 Exhibit G to Yerushalmi Decl.).(Yerushalmi, David)
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Filing 27
DECLARATION of Brad Hutton in Opposition re: #16 MOTION for Preliminary Injunction .. Document filed by Andrew Cuomo. (Attachments: #1 Exhibit A - WHO Situation Report 1, #2 Exhibit B - CDC Situation Summary, #3 Exhibit C - Statement on Second Meeting of Emergency Committee, #4 Exhibit D - Statement of WHO Director-General, #5 Exhibit E - DOH Cumulative Chart, #6 Exhibit F - CDC Cumulative Cases, #7 Exhibit G - WHO Situation Report 57, #8 Exhibit H - Johns Hopkins Case Growth Slide, #9 Exhibit I - Johns Hopkins Case Growth Slides, #10 Exhibit J - Comparison of Projection Models, #11 Exhibit K - Johns Hopkins Medicine: What is Coronavirus?, #12 Exhibit L - CDC: COVID-19 Cleaning and Disinfection, #13 Exhibit M - CDC: COVID-19 Social Distancing, #14 Exhibit N - Executive Order 202.1, #15 Exhibit O - Executive Order 202.3, #16 Exhibit P - Executive Order 202.4, #17 Exhibit Q - Executive Order 202.5, #18 Exhibit R - New York State on PAUSE, #19 Exhibit S - Executive Order 202.10, #20 Exhibit T - Executive Order 202.33, #21 Exhibit U - Executive Order 202.42, #22 Exhibit V - Executive Order 202.45, #23 Exhibit W - Covid Tracker Images, #24 Exhibit X - Transmission Rate Slides, #25 Exhibit Y - July 1 CDC Statistics, #26 Exhibit Z - Executive Order 205, #27 Exhibit AA - New York Travel Advisory).(Thompson, James)
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Filing 26
MEMORANDUM OF LAW in Opposition re: #16 MOTION for Preliminary Injunction . . Document filed by Andrew Cuomo..(Thompson, James)
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Filing 25
RESPONSE to Motion re: #16 MOTION for Preliminary Injunction . . Document filed by Bill De Blasio, Dermot Shea(in his official capacity as the Police Commissioner, City of New York, New York), Dermot Shea(individually), Bill de Blasio. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Lulich, Aimee)
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Filing 24
MOTION for Robert J. Muise to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pamela Geller. (Attachments: #1 Exhibit A - Declaration of Robert J. Muise, #2 Text of Proposed Order).(Muise, Robert)
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Filing 23
DECLARATION of Robert J. Muise in Support re: #22 MOTION for Robert J. Muise to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20504538. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Pamela Geller..(Muise, Robert)
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Filing 22
MOTION for Robert J. Muise to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20504538. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pamela Geller..(Muise, Robert)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #22 MOTION for Robert J. Muise to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20504538. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Michigan Supreme and New Hampshire Supreme; missing Proposed Order; missing notarized affidavit or declaration;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (laq)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Robert J. Muise to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)
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Filing 21
ORDER granting #20 Motion for Extension of Time to File Response/Reply re #16 MOTION for Preliminary Injunction . Responses due by 7/8/2020. Replies due by 7/14/2020. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 20
JOINT LETTER MOTION for Extension of Time to File Response/Reply as to #16 MOTION for Preliminary Injunction . and as to #1 COMPLAINT addressed to Judge Edgardo Ramos from David Yerushalmi, Esq. dated 06/23/2020. Document filed by Pamela Geller..(Yerushalmi, David)
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Filing 19
PROPOSED ORDER. Document filed by Pamela Geller. Related Document Number: #16 ..(Yerushalmi, David) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 18
MEMORANDUM OF LAW in Support re: #16 MOTION for Preliminary Injunction . . Document filed by Pamela Geller..(Yerushalmi, David)
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Filing 17
DECLARATION of Pamela Geller in Support re: #16 MOTION for Preliminary Injunction .. Document filed by Pamela Geller..(Yerushalmi, David)
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Filing 16
MOTION for Preliminary Injunction . Document filed by Pamela Geller..(Yerushalmi, David)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #19 Proposed Order was reviewed and approved as to form. (dt)
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Filing 15
NOTICE OF APPEARANCE by Glenne Ellen Fucci on behalf of Bill De Blasio, Dermot Shea(in his official capacity as the Police Commissioner, City of New York, New York), Dermot Shea(individually), Bill de Blasio..(Fucci, Glenne)
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Filing 14
NOTICE OF APPEARANCE by Aimee Kara Lulich on behalf of Bill De Blasio, Dermot Shea(in his official capacity as the Police Commissioner, City of New York, New York), Dermot Shea(individually), Bill de Blasio..(Lulich, Aimee)
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Filing 13
AFFIDAVIT OF SERVICE of Summons and Complaint. Dermot Shea(in his official capacity as the Police Commissioner, City of New York, New York) served on 6/19/2020, answer due 7/10/2020; Dermot Shea(individually) served on 6/19/2020, answer due 7/10/2020. Service was made by eMail. Document filed by Pamela Geller..(Yerushalmi, David)
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Filing 12
AFFIDAVIT OF SERVICE of Summons and Complaint. Bill De Blasio served on 6/19/2020, answer due 7/10/2020; Bill de Blasio served on 6/19/2020, answer due 7/10/2020. Service was made by eMail. Document filed by Pamela Geller..(Yerushalmi, David)
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Filing 11
AFFIDAVIT OF SERVICE of Summons and Complaint. Andrew Cuomo served on 6/19/2020, answer due 7/10/2020. Service was made by eMail. Document filed by Pamela Geller..(Yerushalmi, David)
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Filing 10
NOTICE OF APPEARANCE by James Martin Thompson on behalf of Andrew Cuomo..(Thompson, James)
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Filing 9
NOTICE OF APPEARANCE by Andrew Stuart Amer on behalf of Andrew Cuomo..(Amer, Andrew)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Bill De Blasio, Bill de Blasio. (sj)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Dermot Shea(in his official capacity as the Police Commissioner, City of New York, New York), Dermot Shea(individually). (sj)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Andrew Cuomo. (sj)
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Filing 5
CIVIL COVER SHEET filed..(Yerushalmi, David)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Dermot Shea, individually and in his official capacity as the Police Commissioner, City of New York, New York, re: #1 Complaint. Document filed by Pamela Geller..(Yerushalmi, David)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Bill de Blasio, individually and in his official capacity as Mayor, City of New York, New York, re: #1 Complaint. Document filed by Pamela Geller..(Yerushalmi, David)
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Filing 2
REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Cuomo, in his official capacity as Governor of the State of New York, re: #1 Complaint. Document filed by Pamela Geller..(Yerushalmi, David)
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***NOTICE TO ATTORNEY TO RE-FILE CIVIL COVER SHEET. Notice to Attorney David Eliezer Yerushalmi. Attorney must re-file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pne)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Eliezer Yerushalmi. The party information for the following party/parties has been modified: Dermot Shea. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (pne)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne)
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Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)
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Case Designated ECF. (pne)
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Filing 1
COMPLAINT against Andrew Cuomo, Bill De Blasio, Dermot Shea, Dermot Shea, Bill de Blasio. (Filing Fee $ 400.00, Receipt Number ANYSDC-20303398)Document filed by Pamela Geller. (Attachments: #1 Civil Cover Sheet).(Yerushalmi, David)
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