Congregation Rabbinical College of Tartikov, Inc. et al v. Village of Pomona et al
| Congregation Rabbinical College of Tartikov, Inc., Mordechai Babad, Wolf Brief, Herman Kahana, Meir Margulis, Gergely Neuman, Akiva Pollack and Kolel Belz |
| Village of Pomona, Board of Trustees of the Village of Pomona, Nicholas Sanderson, Ian Banks, Alma Sanders-Roman, Rita Louie and Brett Yagel |
| 7:2007cv06304 |
| July 10, 2007 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Rockland |
| Unassigned |
| George A. Yanthis |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
450
MEMO ENDORSEMENT on re: 449 LETTER addressed to Judge Kenneth M. Karas from John F.X. Peloso, Jr. dated 06/02/2022 re: to inform court that defendants have no objection to Tartikov's withdrawal request dated 6-2-2022 withdrawing 442 MOTION to Vacate Portions of Final Judgment. ENDORSEMENT: Granted. The Clerk of Court is respectfully directed to terminate the pending Motion at Dkt. No. 442. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/2/2022) (vfr)
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Filing
441
ORDER, At the Conference held before the Court on September 27, 2021, the Court adopted the following briefing schedule for Plaintiffs' Rule 60 Motion: Plaintiffs shall file their Rule 60 Motion by no later than October 27, 2021. Defendants shall file a response by no later than December 1, 2021. Plaintiffs shall file a reply by no later than December 20, 2021. The Parties are reminded that there is a strict page limit of 25 pages for opening briefs and 10 pages for replies. If oral a rgument is requested, it may be scheduled by the Court. Please wait to hear from the Court to schedule argument. SO ORDERED. ( Motions due by 10/27/2021., Responses due by 12/1/2021, Replies due by 12/20/2021.) (Signed by Judge Kenneth M. Karas on 9/27/21) (yv)
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Filing
440
NOTICE OF TELECONFERENCE INFORMATION. For the week of September 27, 2021, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/24/21) (yv)
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Filing
439
NOTICE OF TELECONFERENCE INFORMATION: For the week of September 20, 2021, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749; Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases sh all mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For init ial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/17/2021) (ama)
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Filing
433
JUDGMENT. It is hereby: ORDERED AND ADJUDGED, that Plaintiffs Congregation Rabbinical College of Tartikov, Inc., Rabbi Mordechai Babad, Rabbi Wolf Brief, Rabbi Hermen Kahana, Rabbi Meir Margulis, Rabbi Meilech Menczer, Rabbi Jacob Hershkowitz, Rabb i Chaim Rosenberg, and Rabbi David A. Menczer (collectively "Plaintiffs") are awarded judgment against Defendants Village of Pomona, N.Y., the Board of Trustees of the Village of Pomona, Brett Yagel, as Trustee and in his official capac ity, Nicholas Sanderson, as Mayor and in his official capacity, Ian Banks, as Trustee and in his official capacity, Alma Sanders Roman, as Trustee and in her official capacity, and Rita Louie as Trustee and in her official capacity in the sum of & #036;2,481,661.62 with interest at the rate set forth in 28 U.S.C. § 1961 calculated from the date of entry of this judgment until the date such judgment is paid. Interest will be computed daily to the date of payment and will be compounded annually. (Signed by Judge Kenneth M. Karas on 4/19/21) (yv)
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Filing
427
OPINION AND ORDER re: 396 MOTION for Attorney Fees . filed by David A. Menczer, Meilech Menczer, Meir Margulis, Chaim Rosenberg, Herman Kahana, Mordechai Babad, Jacob Hershkowitz, Congregation Rabbinical College of Tartikov, Inc. For the foregoing reasons, Plaintiffs are awarded $2,390,927.20 in attorneys' fees and $90,734.42 in costs, for a total award of $2,481,661.62. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/31/2021) (jca)
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Filing
393
ORDER terminating 360 Motion for Attorney Fees. In the interests of efficiency, Plaintiffs shall file a new Motion for Attorneys' Fees and Costs (the "Motion") that consolidates arguments that supplement the Original Motion and a rguments related to attorneys' fees with respect to the appeal and any other events subsequent to the filing of the Original Motion. Plaintiffs shall file this Motion by no later than May 14, 2020. Defendants shall file their opposition paper s by no later than June 29, 2020. Plaintiffs shall file a reply by no later than July 29, 2020. Sur-reply papers will not be accepted unless prior permission of the Court is given. Counsel are reminded that there is a strict page limit, which will be extended only in extreme circumstances. Any pending deadlines found in the Federal Rules of Civil Procedure or in any applicable statute are hereby stayed until the date the Motion is decided. If oral argument is requested, it may be scheduled b y the Court. In light of the supplemental Motion to be filed by Plaintiffs, the Court dismisses the Original Motion without prejudice. The Clerk of the Court is respectfully directed to terminate this pending Motion, (Dkt. No. 360). SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/30/2020) (jca)
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Filing
390
JUDGMENT: It is hereby ORDERED AND ADJUDGED That Plaintiffs' First Cause of Action, free exercise of religion under the United States Constitution; Second Cause of Action, free speech under the United States Constitution; Third Cause of Acti on, free association under the United States Constitution; Fifth Cause of Action, substantial burden under the Religious Land Use and Institutionalized Persons Act (42 U.S.C. § 2000cc(2)(a)); Seventh Cause of Action, equal terms under the Reli gious Land Use and Institutionalized Persons Act (42 U.S.C. § 2000cc(2)(b)(l); Eighth Cause of Action, exclusion and limits under the Religious Land Use and Institutionalized Persons Act (42 U.S.C. § 2000cc(2)(b)(3)(A)); Ninth Cause of A ction, exclusion and limits under the Religious Land Use and Institutionalized Persons Act (42 U.S.C. § 2000cc(2)(b)(3)(B)); Twelfth Cause of Action under the Fair Housing Act (42 U.S.C. § 3604); Thirteenth Cause of Action under the Fai r Housing Act (42 U.S.C. § 3617); and Fourteenth Cause of Action under New York common law (Berenson doctrine) are dismissed. And, except as to the claim for discrimination under New York Constitution, Article 1, 11, Plaintiffs Tenth Cause of Action is dismissed. (Signed by Judge Kenneth M. Karas on 3/19/2020) (jca)
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Filing
333
OPINION & ORDER: For the foregoing reasons, the Court holds that Plaintiffs have established violations of the First and Fourteenth Amendments of the United States Constitution, certain provisions of RLUIPA, the FHA, and §§ 3, 9, and 11 of the New York State Constitution. Plaintiffs are directed to submit a proposed judgment within 30 days of the date of this Opinion that is consistent with the Court's ruling. Defendants have 15 days to respond. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/7/2017) (mml)
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Filing
237
OPINION AND ORDER re: 213 MOTION for Attorney Fees for Spoliation of Evidence. filed by Wolf Brief, David A. Menczer, Meilech Menczer, Meir Margulis, Herman Kahana, Chaim Rosenberg, Mordechai Babad, Congregation Rabbinical Coll ege of Tartikov, Inc., Jacob Hershkowitz. For the reasons set forth above, Plaintiffs' Motion is granted in part and denied in part. Plaintiffs' counsel is hereby awarded attorneys' fees of $42,940.56 and costs of $99.90, for a total of $43,040.45. The Clerk of Court is respectfully directed to terminate the pending Motion. (Dkt. No. 213.) (Signed by Judge Kenneth M. Karas on 5/25/2016) (rj)
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Filing
207
OPINION & ORDER: The Court grants summary judgment to Defendants as to Plaintiffs' Free Speech and corresponding Article 1, § 8 New York Constitution claims, and the Court grants summary judgment to Plaintiffs on Defendants' affirm ative defenses noted herein. The Court denies summary judgment to all Parties as to all other claims, grants Plaintiffs' Motion for Sanctions, and grants Defendants' Motion to Strike in part. The Clerk of the Court is respectfully directed to terminate the pending motions. (Dkt. Nos. 137, 140, 195.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/29/2015) (lnl)
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Filing
53
OPINION AND ORDER re: 36 MOTION to Dismiss filed by Defendants, Village of Pomona, NY; Board of Trustees of The Village of Pomona, NY; Nicholas Sanderson, as Mayor; Ian Banks, Alma Sanders Roman, Rita Louie and Brett Yagel, as Trustees and in their Off. For the reasons discussed above, Defendants' Motion is granted in part and denied in part. Plaintiff Kolel Belz is dismissed as a Plaintiff in this action without prejudice. The remaining Plaintiffs' as-applied challenges under the Fr ee Speech, Free Exercise, and Free Association Clauses of the First Amendment, the Equal Protection Clause of the Fourteenth Amendment, and RLUIPA, as well as their as-applied claims under the New York Constitution and New York state law, are dismissed without prejudice as unripe. The Motion To Dismiss is denied as to the remaining claims. The Clerk of Court is respectfully directed to terminate the pending motion. (Dkt. No. 36.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/4/2013) (mml)
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