Geller v. Cuomo et al
Plaintiff: Pamela Geller
Defendant: Dermot Shea, Bill de Blasio, Andrew Cuomo, Commissioner Dermot Shea, Governor Andrew Cuomo and Mayor Bill De Blasio
Case Number: 1:2020cv04653
Filed: June 17, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Edgardo Ramos
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 7, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 7, 2020 Opinion or Order 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)
August 7, 2020 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)
August 7, 2020 Case Stayed (rro)
August 5, 2020 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)
August 5, 2020 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)
August 4, 2020 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)
August 4, 2020 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #33 Notice of Appeal. (tp)
August 4, 2020 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)
August 3, 2020 Opinion or Order 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)
July 27, 2020 Filing 31 NOTICE OF APPEARANCE by Robert J. Muise on behalf of Pamela Geller..(Muise, Robert)
July 15, 2020 Opinion or Order 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)
July 15, 2020 Set/Reset Hearings: Telephone Conference set for 7/23/2020 at 10:00 AM before Judge Edgardo Ramos. (jca)
July 14, 2020 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)
July 14, 2020 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)
July 8, 2020 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)
July 8, 2020 Filing 26 MEMORANDUM OF LAW in Opposition re: #16 MOTION for Preliminary Injunction . . Document filed by Andrew Cuomo..(Thompson, James)
July 8, 2020 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)
July 1, 2020 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)
July 1, 2020 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)
July 1, 2020 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)
July 1, 2020 >>>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)
July 1, 2020 >>>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)
June 23, 2020 Opinion or Order 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)
June 23, 2020 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)
June 23, 2020 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.
June 23, 2020 Filing 18 MEMORANDUM OF LAW in Support re: #16 MOTION for Preliminary Injunction . . Document filed by Pamela Geller..(Yerushalmi, David)
June 23, 2020 Filing 17 DECLARATION of Pamela Geller in Support re: #16 MOTION for Preliminary Injunction .. Document filed by Pamela Geller..(Yerushalmi, David)
June 23, 2020 Filing 16 MOTION for Preliminary Injunction . Document filed by Pamela Geller..(Yerushalmi, David)
June 23, 2020 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #19 Proposed Order was reviewed and approved as to form. (dt)
June 22, 2020 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)
June 22, 2020 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)
June 21, 2020 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)
June 21, 2020 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)
June 21, 2020 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)
June 19, 2020 Filing 10 NOTICE OF APPEARANCE by James Martin Thompson on behalf of Andrew Cuomo..(Thompson, James)
June 19, 2020 Filing 9 NOTICE OF APPEARANCE by Andrew Stuart Amer on behalf of Andrew Cuomo..(Amer, Andrew)
June 19, 2020 Filing 8 ELECTRONIC SUMMONS ISSUED as to Bill De Blasio, Bill de Blasio. (sj)
June 19, 2020 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)
June 19, 2020 Filing 6 ELECTRONIC SUMMONS ISSUED as to Andrew Cuomo. (sj)
June 18, 2020 Filing 5 CIVIL COVER SHEET filed..(Yerushalmi, David)
June 18, 2020 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)
June 18, 2020 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)
June 18, 2020 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)
June 18, 2020 ***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)
June 18, 2020 ***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)
June 18, 2020 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)
June 18, 2020 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)
June 18, 2020 Case Designated ECF. (pne)
June 17, 2020 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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Defendant: Dermot Shea
Represented By: Glenne Ellen Fucci
Represented By: Aimee Kara Lulich
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Defendant: Bill de Blasio
Represented By: Glenne Ellen Fucci
Represented By: Aimee Kara Lulich
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Defendant: Andrew Cuomo
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Defendant: Commissioner Dermot Shea
Represented By: Glenne Ellen Fucci
Represented By: Aimee Kara Lulich
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Defendant: Governor Andrew Cuomo
Represented By: Andrew Stuart Amer
Represented By: James Martin Thompson
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Defendant: Mayor Bill De Blasio
Represented By: Glenne Ellen Fucci
Represented By: Aimee Kara Lulich
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Plaintiff: Pamela Geller
Represented By: David Eliezer Yerushalmi
Represented By: Robert J. Muise
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