Case: Young Advocates For Fair Education v. Cuomo

1:18-cv-04167 | U.S. District Court for the Eastern District of New York

Filed Date: July 23, 2018

Closed Date: 2019

Clearinghouse coding complete

Case Summary

On July 23, 2018, the Young Advocates for Fair Education (YAFFED) filed this lawsuit in the Southern District of New York. The plaintiff advocacy group sued the New York governor, the Chancellor of the Board of Regents of New York, and the Commissioner of the New York State Education Department under 42 U.S.C. § 1983 for violations of the First Amendment. The plaintiff was represented by private counsel and sought declaratory relief, injunctive relief, and attorneys’ fees and costs. The lawsuit…

On July 23, 2018, the Young Advocates for Fair Education (YAFFED) filed this lawsuit in the Southern District of New York. The plaintiff advocacy group sued the New York governor, the Chancellor of the Board of Regents of New York, and the Commissioner of the New York State Education Department under 42 U.S.C. § 1983 for violations of the First Amendment. The plaintiff was represented by private counsel and sought declaratory relief, injunctive relief, and attorneys’ fees and costs. The lawsuit challenged the Felder Amendment, which relaxed certain educational curriculum requirements for ultra-Orthodox Jewish schools in New York. YAFFED claimed that the Felder Amendment violated the Establishment Clause of the First Amendment because it favored a particular religion over other religious private schools and non-religious private schools.

YAFFED filed a motion on August 24, 2018 asking the court for a preliminary injunction to stop the defendants from enforcing the Felder Amendment and to require New York to enforce the previous curriculum requirements for all private schools. A month and a half later, the defendants filed a motion to dismiss the complaint. They alleged that YAFFED lacked standing because it could not show that it was harmed by the Felder Amendment and that any harm that YAFFED alleged had yet to happen.

On January 16, 2019, District Judge Israel Leo Glasser granted the defendants’ motion to dismiss and denied YAFFED’s motion for a preliminary injunction. Judge Glasser found that YAFFED lacked standing for two reasons. First, YAFFED’s advocacy focus meant that their injury was “no different from that of a concerned citizen.” Second, YAFFED did not convincingly explain how its other injuries were caused by the Felder Amendment or how those other injuries could be redressed if the Amendment was declared void. Additionally, Judge Glasser concluded that YAFFED’s claims were not ripe for judicial review because YAFFED had not yet been harmed by the effects of the Felder Amendment. He determined that YAFFED was essentially seeking an advisory opinion, which is not allowed under federal standing doctrine. The case is now closed.

Summary Authors

Nathan Santoscoy (2/1/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7491827/parties/young-advocates-for-fair-education-v-cuomo/


Judge(s)
Attorney for Plaintiff

Bridges, Thomas Alexander (New York)

Attorney for Defendant

Amer, Andrew Stuart (New York)

Connell, Monica Anne (New York)

Fu, Yan (New York)

Expert/Monitor/Master/Other

Ceresney, Andrew J. (New York)

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Documents in the Clearinghouse

Document

1:18-cv-04167

Docket [PACER]

Jan. 17, 2019

Jan. 17, 2019

Docket
1

1:18-cv-04167

Complaint

July 23, 2018

July 23, 2018

Complaint
68

1:18-cv-04167

Memorandum and Order Granting Motion to Dismiss for Lack of Jurisdiction

Jan. 16, 2019

Jan. 16, 2019

Order/Opinion

359 F.Supp.3d 359

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7491827/young-advocates-for-fair-education-v-cuomo/

Last updated Feb. 18, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link

Case Assigned/Reassigned

July 23, 2018

July 23, 2018

PACER
1

COMPLAINT against Andrew Cuomo, MaryEllen Elia, Betty Rosa filing fee $ 400, receipt number 0207-10601325 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Young Advocates For Fair Education. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons to Andrew Cuomo, # 3 Proposed Summons to Betty Rosa, # 4 Proposed Summons to MaryEllen Elia, # 5 Exhibit 1 - Felder Amendment, # 6 Exhibit 2 - NYSED Guidelines, # 7 Exhibit 3 - Census, # 8 Exhibit 4 - UJA Report, # 9 Exhibit 5 - Article, # 10 Exhibit 6 - UJA Special Report, # 11 Exhibit 7 - Article, # 12 Exhibit 8 - Article, # 13 Exhibit 9 - Article, # 14 Exhibit 10 - Article, # 15 Exhibit 11 - Ami Article, # 16 Exhibit 12 - Departure Lounge Article, # 17 Exhibit 13 - Senate Bill No. S8992, # 18 Exhibit 14 - Flanagan Statement, # 19 Exhibit 15 - Article, # 20 Exhibit 16 - Article, # 21 Exhibit 17 - Article) (Huang, Eric) (Entered: 07/23/2018)

1 Civil Cover Sheet

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2 Proposed Summons to Andrew Cuomo

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3 Proposed Summons to Betty Rosa

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4 Proposed Summons to MaryEllen Elia

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5 Exhibit 1 - Felder Amendment

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6 Exhibit 2 - NYSED Guidelines

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7 Exhibit 3 - Census

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8 Exhibit 4 - UJA Report

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9 Exhibit 5 - Article

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10 Exhibit 6 - UJA Special Report

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11 Exhibit 7 - Article

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12 Exhibit 8 - Article

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13 Exhibit 9 - Article

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14 Exhibit 10 - Article

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15 Exhibit 11 - Ami Article

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16 Exhibit 12 - Departure Lounge Article

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17 Exhibit 13 - Senate Bill No. S8992

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18 Exhibit 14 - Flanagan Statement

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19 Exhibit 15 - Article

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20 Exhibit 16 - Article

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21 Exhibit 17 - Article

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July 23, 2018

July 23, 2018

RECAP
2

NOTICE of Appearance by Samuel Coulter Kitchens on behalf of Young Advocates For Fair Education (aty to be noticed) (Kitchens, Samuel) (Entered: 07/23/2018)

July 23, 2018

July 23, 2018

PACER
3

NOTICE of Appearance by Thomas Alexander Bridges on behalf of Young Advocates For Fair Education (aty to be noticed) (Bridges, Thomas) (Entered: 07/23/2018)

July 23, 2018

July 23, 2018

PACER

Case Assigned to Judge I. Leo Glasser and Magistrate Judge James Orenstein. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Williams, Erica)

July 23, 2018

July 23, 2018

PACER
4

Summons Issued as to Andrew Cuomo, MaryEllen Elia, Betty Rosa. (Attachments: # 1 Summons2, # 2 Summons3) (Williams, Erica) (Entered: 07/24/2018)

1 Summons2

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2 Summons3

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July 23, 2018

July 23, 2018

PACER
5

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Williams, Erica) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

PACER
6

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Williams, Erica) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

PACER
7

SUMMONS Returned Executed by Young Advocates For Fair Education. Andrew Cuomo served on 7/24/2018, answer due 8/14/2018. (Huang, Eric) (Entered: 07/25/2018)

July 25, 2018

July 25, 2018

PACER
8

SUMMONS Returned Executed by Young Advocates For Fair Education. Betty Rosa served on 7/25/2018, answer due 8/15/2018. (Huang, Eric) (Entered: 07/25/2018)

July 25, 2018

July 25, 2018

PACER
9

SUMMONS Returned Executed by Young Advocates For Fair Education. MaryEllen Elia served on 7/25/2018, answer due 8/15/2018. (Huang, Eric) (Entered: 07/25/2018)

July 25, 2018

July 25, 2018

PACER
10

SUMMONS Returned Executed by Young Advocates For Fair Education. Andrew Cuomo served on 8/2/2018, answer due 8/23/2018. (Huang, Eric) (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

PACER

Order

Aug. 3, 2018

Aug. 3, 2018

PACER
11

Letter MOTION for Extension of Time to File Answer re 1 Complaint,,, by Andrew Cuomo, MaryEllen Elia, Betty Rosa. (Connell, Monica) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER

ORDER re: 11 Letter MOTION for Extension of Time to File Answer -- The plaintiff is respectfully directed to respond to the defendants' letter motion by August 8, 2018. Ordered by Magistrate Judge James Orenstein on 8/3/2018. (Salvador, Anjali)

Aug. 3, 2018

Aug. 3, 2018

PACER

Order on Motion for Extension of Time to Answer

Aug. 8, 2018

Aug. 8, 2018

PACER
12

Letter Responding to Defendants' Motion for Extension of Time by Young Advocates For Fair Education (Huang, Eric) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

RECAP
13

NOTICE of Appearance by Andrew Stuart Amer on behalf of Andrew Cuomo, MaryEllen Elia, Betty Rosa (aty to be noticed) (Amer, Andrew) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER

ORDER granting 11 Motion for Extension of Time to Answer -- On consent, see Docket Entry 12, I extend the defendants' time to answer the Complaint to October 2, 2018. With respect to the scheduling for the preliminary injunction motion, I defer to the assigned district judge. Ordered by Magistrate Judge James Orenstein on 8/8/2018. (Salvador, Anjali)

Aug. 8, 2018

Aug. 8, 2018

PACER
14

SCHEDULING ORDER -- I order the parties to appear for an initial discovery planning conference in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York on October 4, 2018 at 9:30 a.m. No later than October 2, 2018, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. Each party's counsel must be personally prepared to discuss all factual and legal issues in the case, including the possibility of settlement; otherwise, the client must attend in person as well. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 8/9/2018. (Salvador, Anjali) (Guy, Alicia). Modified on 8/9/2018 (Guy, Alicia). (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

RECAP
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Letter Regarding Briefing For Plaintiff's Anticipated Motion for a Preliminary Injunction by Young Advocates For Fair Education (Huang, Eric) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

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ORDER approving the proposed amended motion briefing schedule 15 . Ordered by Judge I. Leo Glasser on 8/21/2018. (Kessler, Stanley) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
17

Notice of MOTION for Preliminary Injunction by Young Advocates For Fair Education. (Huang, Eric) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
18

Notice of MOTION for Preliminary Injunction by Young Advocates For Fair Education. (Attachments: # 1 Memorandum in Support of YAFFED's Motion for a Preliminary Injunction) (Huang, Eric) (Entered: 08/24/2018)

1 Memorandum in Support of YAFFED's Motion for a Preliminary Injunction

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Aug. 24, 2018

Aug. 24, 2018

PACER
19

DECLARATION re 18 Notice of MOTION for Preliminary Injunction of Naftuli Moster by Young Advocates For Fair Education (Attachments: # 1 Exhibit) (Huang, Eric) (Entered: 08/24/2018)

1 Exhibit

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Aug. 24, 2018

Aug. 24, 2018

PACER
20

DECLARATION re 18 Notice of MOTION for Preliminary Injunction of Chaim Widger by Young Advocates For Fair Education (Huang, Eric) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

RECAP
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DECLARATION re 18 Notice of MOTION for Preliminary Injunction of Pesach Eisen by Young Advocates For Fair Education (Huang, Eric) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

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DECLARATION re 18 Notice of MOTION for Preliminary Injunction of Thomas Bridges by Young Advocates For Fair Education (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30) (Huang, Eric) (Entered: 08/24/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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19 Exhibit 19

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20 Exhibit 20

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21 Exhibit 21

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22 Exhibit 22

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23 Exhibit 23

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24 Exhibit 24

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25 Exhibit 25

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26 Exhibit 26

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27 Exhibit 27

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28 Exhibit 28

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29 Exhibit 29

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30 Exhibit 30

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Aug. 24, 2018

Aug. 24, 2018

PACER
23

NOTICE of Appearance by Yan Fu on behalf of Andrew Cuomo, MaryEllen Elia, Betty Rosa (aty to be noticed) (Fu, Yan) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

PACER
24

Letter dated 9/3/2018 from Rabbi Yoel Loeb to Judge I. Leo Glasser. (Kessler, Stanley) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

RECAP
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Letter MOTION for Leave to File Amended Declarations in Support of Motion for Preliminary Injunction by Young Advocates For Fair Education. (Attachments: # 1 Exhibit A - Amended Widger Declaration, # 2 Exhibit B - Amended Moster Declaration, # 3 Exhibit C - Redline Widger Declaration, # 4 Exhibit D - Redline Moster Declaration) (Huang, Eric) (Entered: 09/13/2018)

1 Exhibit A - Amended Widger Declaration

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2 Exhibit B - Amended Moster Declaration

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3 Exhibit C - Redline Widger Declaration

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4 Exhibit D - Redline Moster Declaration

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Sept. 13, 2018

Sept. 13, 2018

PACER
26

ORDER granting 25 Motion for Leave to File Amended Declarations. Ordered by Judge I. Leo Glasser on 9/14/2018. (Kessler, Stanley) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
27

AFFIDAVIT/DECLARATION in Support re 17 Notice of MOTION for Preliminary Injunction . Amended Declaration of Naftuli Moster in Support of Plaintiff's Motion for Preliminary Injunction (Amending Dkt 19) filed by Young Advocates For Fair Education. (Huang, Eric) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

RECAP
28

AFFIDAVIT/DECLARATION in Support re 17 Notice of MOTION for Preliminary Injunction . Amended Declaration of Chaim Widger (Amending Dkt 20) filed by Young Advocates For Fair Education. (Huang, Eric) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

RECAP

SCHEDULING ORDER: Due to a conflict in the Court's calendar, the initial discovery planning conference previously scheduled for October 4, 2018, is rescheduled for October 5, 2018, at 11:30 a.m. in Courtroom 11D South. Ordered by Magistrate Judge James Orenstein on 9/18/2018. (Guy, Alicia)

Sept. 18, 2018

Sept. 18, 2018

PACER

Scheduling Order

Sept. 18, 2018

Sept. 18, 2018

PACER
29

Unsigned letter concerning Rabbi Yoel Teitelbaum received by fax in Judge I. Leo Glasser's chambers on 9/21/2018. (Kessler, Stanley) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

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Letter to the Honorable I. Leo Glaser and to the Honorable James Orenstein regarding consent request to file an amicus brief by Parents for Education and Religious Liberties in Schools (Steinlight, Stephen) (Entered: 09/27/2018)

Sept. 27, 2018

Sept. 27, 2018

RECAP
31

ORDER granting the application 30 for leave to file an amicus curiae brief in opposition to plaintiffs' motion for a preliminary injunction. Ordered by Judge I. Leo Glasser on 9/28/2018. (Kessler, Stanley) (Entered: 10/01/2018)

Oct. 1, 2018

Oct. 1, 2018

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MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Andrew Cuomo, MaryEllen Elia, Betty Rosa. (Amer, Andrew) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

PACER
33

AFFIDAVIT/DECLARATION in Support re 32 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Andrew Cuomo, MaryEllen Elia, Betty Rosa. (Attachments: # 1 Exhibit Ex A - Statute (old version), # 2 Exhibit Ex B - Statute (current version)) (Amer, Andrew) (Entered: 10/02/2018)

1 Exhibit Ex A - Statute (old version)

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2 Exhibit Ex B - Statute (current version)

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Oct. 2, 2018

Oct. 2, 2018

PACER
34

MEMORANDUM in Support re 32 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Andrew Cuomo, MaryEllen Elia, Betty Rosa. (Amer, Andrew) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

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Proposed Scheduling Order / Joint Discovery Plan by Young Advocates For Fair Education (Huang, Eric) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

PACER
36

Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 10/5/2018. Scheduling: (1) The next status conference will be held on February 12, 2019, at 9:30 a.m. (2) A pretrial conference will be held on April 26, 2019, at 9:30 a.m. Summary: As set forth on the record, after hearing the arguments of counsel I denied the defendants' request to stay all discovery. The ruling is of course without prejudice to any party's right to seek a protective order as to any specific discovery demand. I will enter a separate case management and scheduling order that contemplates the completion of all discovery within six months. Rather than wait to set an overall discovery deadline until the resolution of an omnibus discovery motion, I directed the parties to promptly raise any discovery dispute that they cannot resolve on consent as a letter motion pursuant to Local Civil Rule 37.3, with the respondent submitting a letter in opposition three business days later, and with no replies or sur-replies absent advance permission. (Orenstein, James) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

PACER
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SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: October 5, 2018. First request for production of documents and first request for interrogatories due by: November 2, 2018. Deadline for joinder of additional parties and amendment of pleadings: December 3, 2018. Status Conference (with joint status report due two business days in advance): February 12, 2019, at 9:30 a.m. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: April 5, 2019. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): April 26, 2019, at 9:30 a.m. Dispositive motion process started by: June 7, 2019. Joint pretrial order due by: July 5, 2019. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 10/5/2018. (Orenstein, James) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

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AFFIDAVIT/DECLARATION in Opposition re 18 Notice of MOTION for Preliminary Injunction, 17 Notice of MOTION for Preliminary Injunction filed by Andrew Cuomo, MaryEllen Elia, Betty Rosa. (Attachments: # 1 Exhibit A - Statute (old version), # 2 Exhibit B - Statute (current version)) (Amer, Andrew) (Entered: 10/05/2018)

1 Exhibit A - Statute (old version)

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2 Exhibit B - Statute (current version)

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Oct. 5, 2018

Oct. 5, 2018

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AFFIDAVIT/DECLARATION in Opposition re 18 Notice of MOTION for Preliminary Injunction, 17 Notice of MOTION for Preliminary Injunction filed by Andrew Cuomo, MaryEllen Elia, Betty Rosa. (Amer, Andrew) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

PACER
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MEMORANDUM in Opposition re 18 Notice of MOTION for Preliminary Injunction, 17 Notice of MOTION for Preliminary Injunction filed by Andrew Cuomo, MaryEllen Elia, Betty Rosa. (Amer, Andrew) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

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MEMORANDUM in Opposition re 18 Notice of MOTION for Preliminary Injunction by Amici Curiae filed by Parents for Education and Religious Liberties in Schools. (Schick, Avi) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

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DECLARATION of Dr. Adina Schick by Parents for Education and Religious Liberties in Schools (Schick, Avi) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

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DECLARATION of Rabbi Avrohom Schwartz by Parents for Education and Religious Liberties in Schools (Schick, Avi) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

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DECLARATION of Professor Aaron D. Twerski by Parents for Education and Religious Liberties in Schools (Schick, Avi) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

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DECLARATION of Richard Altabe by Parents for Education and Religious Liberties in Schools (Schick, Avi) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

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DECLARATION of Rabbi Yaacov Sebbag by Parents for Education and Religious Liberties in Schools (Schick, Avi) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

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MEMORANDUM in Opposition re 32 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Young Advocates For Fair Education. (Huang, Eric) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

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AFFIDAVIT/DECLARATION in Opposition re 32 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Young Advocates For Fair Education. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Huang, Eric) (Entered: 10/16/2018)

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4 Exhibit 4

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Oct. 16, 2018

Oct. 16, 2018

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REPLY in Support re 17 Notice of MOTION for Preliminary Injunction filed by Young Advocates For Fair Education. (Huang, Eric) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER
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NOTICE of Appearance by Andrew J. Ceresney on behalf of The Center for Educational Equity (aty to be noticed) (Ceresney, Andrew) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

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Letter MOTION for Leave to File Document Amicus Briefs by The Center for Educational Equity, Footsteps, Inc.. (Michael, William) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

PACER
52

RESPONSE in Opposition re 51 Letter MOTION for Leave to File Document Amicus Briefs filed by Andrew Cuomo, MaryEllen Elia, Betty Rosa. (Amer, Andrew) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

PACER
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REPLY to Response to Motion re 51 Letter MOTION for Leave to File Document Amicus Briefs filed by Footsteps, Inc., The Center for Educational Equity. (Michael, William) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

PACER
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REPLY in Support re 32 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Andrew Cuomo, MaryEllen Elia, Betty Rosa. (Amer, Andrew) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

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ORDER granting the motion 51 for leave to file amicus briefs. Ordered by Judge I. Leo Glasser on 10/30/2018. (Kessler, Stanley) (Entered: 10/30/2018)

Oct. 30, 2018

Oct. 30, 2018

PACER
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Letter to the Hon. I. Leo Glasser by Parents for Education and Religious Liberties in Schools (Schick, Avi) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
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Letter in response to PEARLS amici letter (Doc No. 56) by Young Advocates For Fair Education (Huang, Eric) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

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MEMORANDUM in Support re 18 Notice of MOTION for Preliminary Injunction, 17 Notice of MOTION for Preliminary Injunction / Brief of Amicus Curiae filed by Footsteps, Inc.. (Michael, William) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

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MEMORANDUM in Support re 18 Notice of MOTION for Preliminary Injunction, 17 Notice of MOTION for Preliminary Injunction //Brief of Amicus Curiae The Center for Educational Equity in Support of Plaintiff's Motion for a Preliminary Injunction filed by The Center for Educational Equity. (Ceresney, Andrew) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

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MEMORANDUM in Opposition re 58 Memorandum in Support, 59 Memorandum in Support, filed by Andrew Cuomo, MaryEllen Elia, Betty Rosa. (Amer, Andrew) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

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NOTICE by Andrew Cuomo, MaryEllen Elia, Betty Rosa re 18 Notice of MOTION for Preliminary Injunction, 17 Notice of MOTION for Preliminary Injunction, 32 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Notice of Supplemental Authority (Attachments: # 1 Exhibit A - Revised Substantial Equivalency Review and Determination Guidelines) (Fu, Yan) (Entered: 12/03/2018)

1 Exhibit A - Revised Substantial Equivalency Review and Determination Guidelines

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Dec. 3, 2018

Dec. 3, 2018

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MOTION to Withdraw as Attorney by Samuel C. Kitchens for Plaintiffs Young Advocates For Fair Education by Young Advocates For Fair Education. (Huang, Eric) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

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ORDER granting 62 Motion to Withdraw as Attorney -- The application is granted; attorney Samuel C. Kitchens terminated. Ordered by Magistrate Judge James Orenstein on 12/7/2018. (Roantree, Bronwyn)

Dec. 7, 2018

Dec. 7, 2018

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Order on Motion to Withdraw as Attorney

Dec. 7, 2018

Dec. 7, 2018

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Notice(Other)

Dec. 11, 2018

Dec. 11, 2018

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NOTICE: Oral argument of plaintiff's motion for a preliminary injunction and defendants' motion for dismissal will be held on 1/9/2019 at 2:30 p.m. (Kessler, Stanley)

Dec. 11, 2018

Dec. 11, 2018

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Notice (Other)

Dec. 11, 2018

Dec. 11, 2018

PACER
63

ORDER granting the request 56 of amici Parents for Educational and Religious Liberty in Schools, Agudath Israel of America, Torah Umesorah: National Society for Hebrew Day Schools, and United Jewish Organizations of Williamsburg for acceptance of the declaration of Professor Awi Federgruen. Ordered by Judge I. Leo Glasser on 12/14/2018. (Kessler, Stanley) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER
64

Letter Request to Participate at Oral Argument by Parents for Education and Religious Liberties in Schools (Schick, Avi) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
65

ORDER granting the PEARLS Amicis request to participate in the oral argument set for 1/9/2019. Ordered by Judge I. Leo Glasser on 12/27/2018. (Kessler, Stanley) (Entered: 12/27/2018)

Dec. 27, 2018

Dec. 27, 2018

RECAP
66

NOTICE of Appearance by Renita Sharma on behalf of Young Advocates For Fair Education (aty to be noticed) (Sharma, Renita) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
67

Minute Entry for proceedings held before Judge I. Leo Glasser on 1/9/2019: Counsel for all parties present. Plaintiffs motion for a preliminary injunction and all defendants motion for dismissal were argued. Decision was reserved. (Court Reporter Linda Danelczyk.) (Kessler, Stanley) (Entered: 01/10/2019)

Jan. 10, 2019

Jan. 10, 2019

RECAP
68

MEMORANDUM & ORDER, For the foregoing reasons, Defendants' 32 Motion to Dismiss for Lack of Jurisdiction is GRANTED; and YAFFED'S 17 and 18 Motions for Preliminary Injunction are therefore denied. Ordered by Judge I. Leo Glasser on 1/16/2019. Fwd. for jgt. (Layne, Monique) . (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

RECAP
69

CLERK'S JUDGMENT, that pursuant to Rule 12(b)(1), Defendants' motion to dismiss is granted; and that YAFFEDs motion for a preliminary injunction is denied. Signed by Douglas C. Palmer, Clerk of Court, By J. Poveda, Deputy Clerk on 1/17/2019. (Layne, Monique) (Entered: 01/17/2019)

Jan. 17, 2019

Jan. 17, 2019

PACER
70

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on January 9, 2019, before Judge I. Leo Glasser. Court Reporter/Transcriber Linda D Danelczyk, Telephone number 718-613-2330. Email address: Linda_Danelczyk@nyed.uscourts.gov. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/15/2019. Redacted Transcript Deadline set for 4/25/2019. Release of Transcript Restriction set for 6/24/2019. (Danelczyk, Linda) (Entered: 03/25/2019)

March 25, 2019

March 25, 2019

PACER

Case Details

State / Territory: New York

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 23, 2018

Closing Date: 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An advocacy group committed to improving educational curricula within Jewish ultra-Orthodox schools.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of New York, State

Chancellor of the Board of Regents of the State of New York, State

Commissioner of the New York State Education Department, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Establishment Clause

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Education

Religious programs / policies

School/University policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government non-profit