Case: Agudath Israel of America v. Cuomo

1:20-cv-04834 | U.S. District Court for the Eastern District of New York

Filed Date: Oct. 8, 2020

Closed Date: April 28, 2023

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Case Summary

COVID-19 Summary: A group of Orthodox Jewish synagogues brought this lawsuit against the Governor of New York on October 8, 2020, alleging that the governor's restrictions on gatherings in light of surges in COVID-19 cases violated the First Amendment’s Free Exercise Clause. After the district court denied the plaintiffs' motion for a preliminary injunction, they appealed to the United States Court of Appeals for the Second Circuit and the United States Supreme Court. The Supreme Court granted …

COVID-19 Summary: A group of Orthodox Jewish synagogues brought this lawsuit against the Governor of New York on October 8, 2020, alleging that the governor's restrictions on gatherings in light of surges in COVID-19 cases violated the First Amendment’s Free Exercise Clause. After the district court denied the plaintiffs' motion for a preliminary injunction, they appealed to the United States Court of Appeals for the Second Circuit and the United States Supreme Court. The Supreme Court granted the request for an injunction in part, blocking the enforcement of the executive order's attendance caps pending the outcome of the appeal in the Second Circuit. On December 28, 2020, the Second Circuit vacated the district court’s order denying the injunction. The district court permanently enjoined enforcement of the executive order on February 9, 2021. The case is now closed.

This case concerns the constitutionality of New York’s executive order restricting gatherings at houses of worship during the COVID-19 pandemic. On October 8, 2020, Agudath Israel and affiliated Orthodox Jewish synagogues in New York City filed this lawsuit in the United States District Court for the Eastern District of New York. They challenged an executive order issued by Andrew Cuomo, the Governor of the State of New York, and sought declaratory and injunctive relief and attorneys' fees and costs.

Executive Order 202.68 ("EO 202.68") placed restrictions on gatherings at synagogues and other houses of worship in light of a surge in rates of COVID-19 infections in hotspots identified by the New York State Department of Health. The plaintiffs included an Orthodox Jewish group—Agudath Israel of America— three synagogues in Brooklyn and Queens—Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, and Agudath Israel of Bayswater—and their leaders. The plaintiffs sued under 28 U.S.C. §§ 2201 and 2202, as well as 42 U.S.C. §§ 1983 and 1988. They were initially represented by private counsel, but later the Becket Fund for Religious Liberty joined as representation. The case was assigned to District Judge Kiyo A. Matsumoto and Magistrate Judge Robert M. Levy.

On March 7, 2020, pursuant to N.Y. Exec. Law § 29, Governor Cuomo issued the original Executive Order 202, implementing the State Comprehensive Emergency Management Plan and declaring a statewide disaster emergency as a result of the emerging COVID-19 pandemic. Over the next few months, Governor Cuomo issued multiple supplemental Executive Orders, continuing the temporary suspension and modification of certain laws relating to the state of emergency.

In response to a spike in the rate of positive COVID-19 cases in five "hotspots" located in Brooklyn and Queens, Governor Cuomo issued Executive Order 202.68 ("EO 202.68") on October 6, 2020. The order directed the New York State Department of Health to identify yellow, orange, and red “zones” based on the severity of outbreaks, and impose correspondingly severe restrictions on activity within each zone. EO 202.68 established central “red zones,” where non-essential gatherings were canceled and schools and nonessential businesses were prohibited from operating in person. Houses of worship in red zones were permitted to remain open with a capacity of 25% maximum occupancy or 10 people, whichever was fewer. Similarly, in orange zones, non-essential gatherings, schools, and certain nonessential businesses were subject to more severe restrictions than houses of worship. Precautionary “yellow zones” were subject to lesser restrictions than red and orange zones. EO 202.68 was temporary and the zones were re-evaluated based on changes in the underlying data.

The executive order was issued in advance of three special holidays for the Orthodox Jewish community on October 9, 10, and 11, for the purpose of "tackl[ing] the risk posed by mass gatherings, including those taking place in houses of worship." When the plaintiffs filed the complaint, two synagogues were located in red zones and one was in an orange zone.

The plaintiffs claimed that EO 202.68 violated the Free Exercise Clause of the First Amendment. They argued that the executive order was facially discriminatory toward religious practices compared to similar secular activities and that it punished religious institutions because of their religious nature. The same day, the plaintiffs also filed an emergency motion for an order to show cause for a temporary restraining order and preliminary injunction.

The court ordered the state to show cause by October 9, 2020 as to why the requested injunctive relief should not be granted.

On October 9, 2020, Judge Matsumoto denied the plaintiffs' motion for a temporary restraining order and preliminary injunction because they failed to show a likelihood of success on the merits of their First Amendment claim. The court held that EO 202.68 was neutral, generally applicable, and did not burden the plaintiffs’ free exercise rights. Judge Matsumoto noted that the order also shut down nonessential businesses and schools in hotspots, and thus did not intend to discriminate against Orthodox Jews. 493 F.Supp.3d 168.

On October 19, 2020, the plaintiffs appealed the denial to the U.S. Court of Appeals for the Second Circuit (Docket No. 20-3572). The case was heard in tandem with a related case, Roman Catholic Diocese of Brooklyn v. Cuomo (Docket No. 20-3590). The plaintiffs moved for an injunction and to expedite the appeal in the Second Circuit on October 21, 2020. The next day, the Second Circuit declined to issue an administrative stay of the district court’s October 9 decision.

On November 9, the Second Circuit declined to grant emergency injunctive relief for the plaintiffs but granted the plaintiffs’ motion to expedite the appeal. Circuit Judge Raymond J. Lohier, Jr. and District Judge Jed S. Rakoff issued the opinion; Circuit Judge Michael H. Park dissented. The Second Circuit first declined to grant an emergency preliminary injunction pending appeal for procedural reasons—the plaintiffs had failed to request an injunction pending appeal in the district court before seeking relief in the Second Circuit, in violation of Federal Rule of Appellate Procedure 8(a). The Second Circuit next held that EO 202.68 subjected houses of worship to similar or even less severe restrictions than comparable secular gatherings. Because the order was neutral and generally applicable, strict scrutiny was unwarranted and the plaintiffs did not meet the high bar necessary for an injunction pending appeal. Judge Park dissented, arguing that EO 202.68 intentionally burdened the free exercise of religion in violation of the First Amendment because it singled out houses of worship for unfavorable treatment. The opinion only addressed the motions for an injunction pending appeal and to expedite the appeal, not the underlying appeal of the district court’s October 9 order. 979 F.3d 177; 980 F.3d 222.

The plaintiffs again moved for a preliminary injunction pending appeal on November 13, 2020–this time in the district court.

The plaintiffs then filed an emergency application for injunctive relief to the United States Supreme Court on November 16, 2020, to prohibit the enforcement of EO 202.68 until the Second Circuit could issue a decision on the merits (Docket No. 20A90). The Supreme Court granted the injunction in part on November 25, 2020, in an opinion that covered both this case and Roman Catholic Diocese of Brooklyn. The Court barred the enforcement of the 10- and 25-person occupancy limits, holding that EO 202.68 was not neutral and Governor Cuomo could have employed less restrictive rules. Chief Justice John G. Roberts, Jr., and Justices Stephen G. Breyer, Sonia Sotomayor, and Elena Kagan dissented. 592 U.S. 14.

On December 4, 2020, the parties asked the district court to hold the plaintiffs’ motion for an injunction pending appeal in abeyance until the Second Circuit issued a decision. Judge Matsumoto granted the motion to stay on December 7, 2020.

On December 28, 2020, a Second Circuit panel consisting of Judges Park, Debra Ann Livingston, and Steven J. Menashi vacated the district court’s October 9 order and directed the district court to grant a preliminary injunction against EO 202.68’s fixed capacity limits. Writing for the panel, Judge Park held that EO 202.68 was not neutral or generally applicable because it subjected religious services to more stringent restrictions than secular activities, and thus strict scrutiny applied. The Second Circuit found that EO 202.68’s fixed capacity limits were not narrowly tailored to address the compelling state interest of combatting COVID-19. Because the affected churches and synagogues housed 400 or 1,000 seats, the order’s 10-person-capacity limit was far more severe than the COVID-19 problem required. Additionally, the Second Circuit remanded the case to the district court to determine whether EO 202.68’s percentage capacity limits survived strict scrutiny. Judge Park recognized that COVID-19 presented a unique emergency but stated that courts “grant no special deference to the executive when the exercise of emergency powers infringes upon constitutional rights.” 983 F.3d 620.

The district court granted a preliminary injunction on January 19, 2021, enjoining enforcement of EO 202.68’s 10- and 25-person occupancy limits.

The Second Circuit ordered the state to pay the plaintiffs $1,146.40 in costs on January 28, 2021.

After a hearing on February 9, 2021, the court issued a permanent injunction against enforcement of EO 202.68’s fixed and percentage capacity limits on houses of worship. The state agreed to this injunction and to amend EO 202.68 to eliminate the restrictions on houses of worship. 2021 WL 804717.

On June 25, 2021, the plaintiffs moved for attorneys’ fees. The court ordered the state to pay the plaintiffs $446,521.94 in attorneys’ fees but declined to award costs on December 6, 2021. 2021 WL 5771841. That same week, the plaintiffs renewed their motion for costs. On March 30, 2022, the court awarded the plaintiffs an additional $12,625.64 in costs.

The plaintiffs appealed the December 6 order on January 5, 2022, arguing that they were entitled to a higher fee award. On March 27, 2023, the Second Circuit affirmed the district court’s fee award. 2023 WL 2637344.

The case is now closed.

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Summary Authors

Chandler Hart-McGonigle (11/28/2020)

Sophia Acker (3/17/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18519392/parties/agudath-israel-of-america-v-hochul/

Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Attorney for Plaintiff

Dutton, Sean (Illinois)

LeRoy, Kevin M. (Illinois)

Attorney for Defendant

Dorcheh, Maryam Jazini (New York)

James, Letitia (New York)

Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Levy, Robert M. (New York)

Lohier, Raymond Joseph Jr. (New York)

Matsumoto, Kiyo A. (New York)

Park, Michael Hun (New York)

Rakoff, Jed Saul (New York)

Attorney for Plaintiff

Dutton, Sean (Illinois)

LeRoy, Kevin M. (Illinois)

Schick, Avi David (New York)

Smith, William Alexander (New York)

Smith, W. Alex (New York)

Tseytlin, Misha (Illinois)

Attorney for Defendant

Dorcheh, Maryam Jazini (New York)

James, Letitia (New York)

McAlister, Erin R. (New York)

Spiegelman, Todd Alan (New York)

Spiegelman, Scott J. (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:20-cv-04834	Docket [PACER]	Nov. 18, 2020	Nov. 18, 2020 Docket
1 1:20-cv-04834	Complaint for Declaratory and Injunctive Relief	Oct. 8, 2020	Oct. 8, 2020 Complaint
6 1:20-cv-04834	Order to Show Cause	Oct. 8, 2020	Oct. 8, 2020 Order/Opinion
20 1:20-cv-04834	Opinion U.S. Court of Appeals for the Second Circuit	Nov. 10, 2020	Nov. 10, 2020 Order/Opinion 979 F.3d 979
20-A-00090	Emergency Application for Writ of Injunction Relief Requested by 3:00 PM on Friday, November 20, 2020 Supreme Court of the United States	Nov. 16, 2020	Nov. 16, 2020 Pleading / Motion / Brief
20-A-00090	Order Agudath Israel v. Cuomo Supreme Court of the United States	Nov. 25, 2020	Nov. 25, 2020 Order/Opinion 141 S.Ct. 141
26 1:20-cv-04834 20-03572	Order U.S. Court of Appeals for the Second Circuit	Dec. 28, 2020	Dec. 28, 2020 Order/Opinion 983 F.3d 983
44 1:20-cv-04834	Permanent Injunction Order	Feb. 9, 2021	Feb. 9, 2021 Order/Opinion 2021 WL 2021
59 1:20-cv-04834	Memorandum and Order Agudath Israel of America v. Hochul	Dec. 6, 2021	Dec. 6, 2021 Order/Opinion 2021 WL 2021
64 1:20-cv-04834 22-00038	Summary Order Agudath Israel of America v. Hochul U.S. Court of Appeals for the Second Circuit	April 17, 2023	April 17, 2023 Order/Opinion 2023 WL 2023

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Resources

Title	Description		External URL Date / External URL
Fundamentalism in Roman Catholic Diocese v. Cuomo: The Court's Farrago of Religious Freedom, Public Health Law, and Scientific (Ill)iteracy Barbara Pfeffer Billauer	On October 6, 2020, shortly before the Simchat Torah holiday, New York’s Governor Andrew Cuomo promulgated extensive lockdown requirements which all but eviscerated worship in areas heavily affected …	Feb. 17, 2021	Feb. 17, 2021 chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/18519392/agudath-israel-of-america-v-hochul/

Last updated March 16, 2024, 10:42 p.m.

ECF Number	Description	Date	Link Date / Link
7	CERTIFICATE OF SERVICE by Agudath Israel of America, Agudath Israel of Bayswater, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Steven Saphirstein re Order, entered on October 8, 2020, at 6:24 pm EDT (Schick, Avi) (Entered: 10/08/2020)	Oct. 8, 2020	Oct. 8, 2020 PACER
	Case Assigned/Reassigned	Oct. 8, 2020	Oct. 8, 2020 PACER
	ORDER: The video link for parties and counsel participating in the emergency show cause hearing, scheduled for October 9, 2020, at 1:30 PM, is https://join.uc.uscourts.gov/invited.sf?secret=8n3nB0iOQsw_62kpnyxU2A&id=362279320. Those who wish to listen by phone may dial 571-353-2300 and enter the pin 362279320. Plaintiffs are ordered to immediately serve defendant with a copy of this Order and to note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 10/8/2020. (Brasky, Michael)	Oct. 8, 2020	Oct. 8, 2020 PACER
	Order	Oct. 8, 2020	Oct. 8, 2020 PACER
6	ORDER granting 2 Motion for Order to Show Cause. Show Cause Hearing by video set for 10/9/2020 at 01:30 PM before Judge Kiyo A. Matsumoto. Defendant must submit a brief in response by no later than 10/9/2020 at 11:00 AM; plaintiff may reply no later than 10/9/2020 at 1:00 PM. Plaintiff must immediately serve a copy of this Order and the papers on which it is based on Defendant no later than 5:30 PM on 10/8/2020. See attached Order for further details. Ordered by Judge Kiyo A. Matsumoto on 10/8/2020. (Brasky, Michael) (Entered: 10/08/2020)	Oct. 8, 2020	Oct. 8, 2020 Clearinghouse
5	Summons Issued as to Andrew M. Cuomo. (Davis, Kimberly) (Entered: 10/08/2020)	Oct. 8, 2020	Oct. 8, 2020 RECAP
4	This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 10/08/2020)	Oct. 8, 2020	Oct. 8, 2020 PACER
3	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. (Davis, Kimberly) (Entered: 10/08/2020)	Oct. 8, 2020	Oct. 8, 2020 PACER
	Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Robert M. Levy. 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. (Davis, Kimberly)	Oct. 8, 2020	Oct. 8, 2020 PACER
2	Emergency MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction by Agudath Israel of America, Agudath Israel of Bayswater, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Steven Saphirstein. (Attachments: # 1 [Proposed] Order to Show Cause, # 2 Memorandum in Support, # 3 Declaration of Avi Schick, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Affidavit of Aharon Weisenfeld, # 18 Affidavit of Avrohom Weinstock, # 19 Affidavit of Steven Saphirstein, # 20 Affidavit of Rabbi Menachem Feifer, # 21 Affidavit of Rabbi Yisroel Reisman, # 22 Declaration of Avi Schick re: Notice, # 23 Declaration of Plaintiffs' Counsel Pursuant to Local Rule 6.1(d)) (Schick, Avi) (Entered: 10/08/2020) 1 [Proposed] Order to Show Cause View on RECAP 2 Memorandum in Support View on Clearinghouse 3 Declaration of Avi Schick View on RECAP 4 Exhibit A View on RECAP 5 Exhibit B View on RECAP 6 Exhibit C View on PACER 7 Exhibit D View on PACER 8 Exhibit E View on PACER 9 Exhibit F View on PACER 10 Exhibit G View on PACER 11 Exhibit H View on PACER 12 Exhibit I View on PACER 13 Exhibit J View on PACER 14 Exhibit K View on PACER 15 Exhibit L View on PACER 16 Exhibit M View on PACER 17 Affidavit of Aharon Weisenfeld View on PACER 18 Affidavit of Avrohom Weinstock View on PACER 19 Affidavit of Steven Saphirstein View on PACER 20 Affidavit of Rabbi Menachem Feifer View on PACER 21 Affidavit of Rabbi Yisroel Reisman View on RECAP 22 Declaration of Avi Schick re: Notice View on PACER 23 Declaration of Plaintiffs' Counsel Pursuant to Local Rule 6.1(d) View on PACER	Oct. 8, 2020	Oct. 8, 2020 PACER
1	COMPLAINT against Andrew M. Cuomo filing fee $ 400, receipt number ANYEDC-13491523 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Rabbi Menachem Feifer, Agudath Israel of Madison, Steven Saphirstein, Agudath Israel of Kew Garden Hills, Agudath Israel of America, Agudath Israel of Bayswater, Rabbi Yisroel Reisman. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons) (Schick, Avi) (Entered: 10/08/2020) 1 Civil Cover Sheet View on RECAP 2 Proposed Summons View on RECAP	Oct. 8, 2020	Oct. 8, 2020 Clearinghouse
	Order(Other)	Oct. 8, 2020	Oct. 8, 2020 PACER
	Minute Entry and Order for proceedings held before Judge Kiyo A. Matsumoto: Show Cause Hearing held on 10/9/2020. Appearances: Avi David Schick, Esq. for Plaintiffs; Todd Alan Spiegelman, Esq. for Defendant. For the reasons stated on the record, Plaintiffs' 2 Motion for a Temporary Restraining Order and Preliminary Injunction is DENIED. Plaintiffs failed to show, among other things, a likelihood of success on the merits of their claim that Executive Order 202.68 is unconstitutional or otherwise violates the Free Exercise Clause. A transcript of the hearing record and the court's findings will be filed on the public docket. Ordered by Judge Kiyo A. Matsumoto on 10/9/2020. (Court Reporter Denise Parisi.) (Brasky, Michael)	Oct. 9, 2020	Oct. 9, 2020 PACER
	Show Cause Hearing	Oct. 9, 2020	Oct. 9, 2020 PACER
13	REPLY in Support of Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction filed by Agudath Israel of America, Agudath Israel of Bayswater, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Steven Saphirstein. (Schick, Avi) (Entered: 10/09/2020)	Oct. 9, 2020	Oct. 9, 2020 RECAP
12	DECLARATION re 11 Memorandum in Opposition to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction by Andrew M. Cuomo (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF) (McAlister, Erin) (Entered: 10/09/2020) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP 5 Exhibit E View on RECAP 6 Exhibit F View on RECAP 7 Exhibit G View on RECAP 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER 15 Exhibit O View on PACER 16 Exhibit P View on PACER 17 Exhibit Q View on PACER 18 Exhibit R View on PACER 19 Exhibit S View on PACER 20 Exhibit T View on PACER 21 Exhibit U View on PACER 22 Exhibit V View on PACER 23 Exhibit W View on PACER 24 Exhibit X View on PACER 25 Exhibit Y View on PACER 26 Exhibit Z View on PACER 27 Exhibit AA View on PACER 28 Exhibit BB View on PACER 29 Exhibit CC View on PACER 30 Exhibit DD View on PACER 31 Exhibit EE View on PACER 32 Exhibit FF View on PACER	Oct. 9, 2020	Oct. 9, 2020 PACER
11	MEMORANDUM in Opposition to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction CORRECTED filed by Andrew M. Cuomo. (McAlister, Erin) (Entered: 10/09/2020)	Oct. 9, 2020	Oct. 9, 2020 Clearinghouse
10	MEMORANDUM in Opposition to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction filed by Andrew M. Cuomo. (McAlister, Erin) (Entered: 10/09/2020)	Oct. 9, 2020	Oct. 9, 2020 RECAP
9	NOTICE of Appearance by Todd Alan Spiegelman on behalf of All Defendants (aty to be noticed) (Spiegelman, Todd) (Entered: 10/09/2020)	Oct. 9, 2020	Oct. 9, 2020 RECAP
8	CERTIFICATE OF SERVICE by Agudath Israel of America, Agudath Israel of Bayswater, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Steven Saphirstein re 6 Order on Motion for Order to Show Cause,, 5 Summons Issued, 2 Emergency MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction, 1 Complaint, (Schick, Avi) (Entered: 10/09/2020)	Oct. 9, 2020	Oct. 9, 2020 PACER
14	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 9, 2020, before Judge Matsumoto. Court Reporter/Transcriber Denise Parisi, Telephone number 7186132605. Email address: deniseparisi72@gmail.com. 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 11/9/2020. Redacted Transcript Deadline set for 11/18/2020. Release of Transcript Restriction set for 1/18/2021. (Parisi, Denise) (Entered: 10/18/2020)	Oct. 18, 2020	Oct. 18, 2020 PACER
	Electronic Index to Record on Appeal sent to US Court of Appeals. 16 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann)	Oct. 19, 2020	Oct. 19, 2020 PACER
16	NOTICE OF APPEAL by Agudath Israel of America, Agudath Israel of Bayswater, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Steven Saphirstein. Filing fee $ 505, receipt number ANYEDC-13542718. (Schick, Avi) (Entered: 10/19/2020)	Oct. 19, 2020	Oct. 19, 2020 RECAP
15	SUMMONS Returned Executed by Rabbi Menachem Feifer, Agudath Israel of Madison, Steven Saphirstein, Agudath Israel of Kew Garden Hills, Agudath Israel of America, Agudath Israel of Bayswater, Rabbi Yisroel Reisman. Andrew M. Cuomo served on 10/13/2020, answer due 11/3/2020. (Schick, Avi) (Entered: 10/19/2020)	Oct. 19, 2020	Oct. 19, 2020 RECAP
	Electronic Index to Record on Appeal	Oct. 19, 2020	Oct. 19, 2020 PACER
17	ORDER of USCA as to 16 Notice of Appeal, filed by Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Agudath Israel of Bayswater, Agudath Israel of Madison, Agudath Israel of America, Agudath Israel of Kew Garden Hills, Steven Saphirstein. Appellants Agudath Israel of America et al., move for an emergency injunction pending appeal. Appellants seek a decision no later than October 23, 2020 at 5:00 pm. Appellee Andrew M. Cuomo opposes the motion.IT IS HEREBY ORDERED that the request for an administrative stay of the District Court decision denying Appellants' motion for a temporary restraining order and preliminary injunctions is DENIED. The motion is referred to the panel sitting on November 3, 2020. It will be heard in tandem with the motion seeking similar relief filed in The Roman Catholic Diocese of Brooklyn v. Governor Andrew M. Cuomo, Docket No. 20-3590. Appellee's opposition to the motion is due by noon on October 27, 2020. Appellants reply is due by noon on October 29, 2020. Certified Copy Issued: 10/22/20. USCA #20-3572. (McGee, Mary Ann) (Entered: 10/23/2020)	Oct. 23, 2020	Oct. 23, 2020 RECAP
18	Letter MOTION for pre motion conference on Governor Cuomo's proposed motion to dismiss by Andrew M. Cuomo. (Attachments: # 1 Exhibit Transcript of preliminary injunction hearing) (Spiegelman, Todd) (Entered: 11/03/2020) 1 Exhibit Transcript of preliminary injunction hearing View on PACER	Nov. 3, 2020	Nov. 3, 2020 Clearinghouse
	ORDER re: 18 Defendant's Request for a Pre Motion Conference. Plaintiffs are respectfully directed to file a response to Defendant's pre motion conference letter by Friday, November 6, 2020. Ordered by Judge Kiyo A. Matsumoto on 11/4/2020. (Urquiola, Rebecca)	Nov. 4, 2020	Nov. 4, 2020 PACER
	Order(Other)	Nov. 4, 2020	Nov. 4, 2020 PACER
19	RESPONSE in Opposition re 18 Letter MOTION for pre motion conference on Governor Cuomo's proposed motion to dismiss filed by All Plaintiffs. (Schick, Avi) (Entered: 11/06/2020)	Nov. 6, 2020	Nov. 6, 2020 PACER
	ORDER deferring ruling on 18 Motion for Pre Motion Conference. The court will hold a pre motion conference after the Second Circuit decides plaintiffs' motion for an injunction pending appeal from this Courts denial of plaintiffs' motion for a preliminary injunction. The court also orders a stay of discovery pending the pre motion conference. Ordered by Judge Kiyo A. Matsumoto on 11/9/2020. (Urquiola, Rebecca)	Nov. 9, 2020	Nov. 9, 2020 PACER
	Order on Motion for Pre Motion Conference AND Order(Other)	Nov. 9, 2020	Nov. 9, 2020 PACER
	ORDER: In light of the Second Circuit's Order denying Appellants' motions for injunctions pending appeal, this Court orders the parties to confer and advise the Court jointly how they intend to proceed given the decision. Ordered by Judge Kiyo A. Matsumoto on 11/10/2020. (Urquiola, Rebecca)	Nov. 10, 2020	Nov. 10, 2020 PACER
20	ORDER of USCA as to 16 Notice of Appeal, filed by Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Agudath Israel of Bayswater, Agudath Israel of Madison, Agudath Israel of America, Agudath Israel of Kew Garden Hills, Steven Saphirstein. Upon due consideration, and for the foregoing reasons, it is hereby ORDERED that the Appellants motions for injunctions pending appeal are DENIED. Among other infirmities in their arguments, the Appellants have failed to meet the requisite standard for an injunction pending appeal. See New York v. U.S. Dept of Homeland Sec., 974 F.3d at 214. It is further ORDERED that the motion to expedite the appeals is GRANTED. See document for further details. Certified Copy Issued: 11/9/20. USCA #20-3572 and 20-3590. This document also reflects case 20-cv-4844. (Attachments: # 1 USCA Dissenting Opinion) (McGee, Mary Ann) (Entered: 11/10/2020) 1 USCA Dissenting Opinion View on RECAP	Nov. 10, 2020	Nov. 10, 2020 Clearinghouse
	ORDER re 21 Motion to Adjourn Conference. The court grants the parties joint motion to adjourn the pre-motion conference on defendants proposed motion to dismiss this action, until after the Second Circuit decides plaintiffs expedited appeal of this courts October 9, 2020 denial of plaintiffs request for injunctive relief. Ordered by Judge Kiyo A. Matsumoto on 11/13/2020. (Williams-Jackson, Sandra)	Nov. 13, 2020	Nov. 13, 2020 PACER
	ORDER re: 22 Plaintiff's Motion for Preliminary Injunction. Defendant is respectfully directed to file a response to Plaintiff's motion for preliminary injunction by Monday, November 16, 2020. Ordered by Judge Kiyo A. Matsumoto on 11/13/2020.(Urquiola, Rebecca)	Nov. 13, 2020	Nov. 13, 2020 PACER
22	Letter MOTION for Preliminary Injunction Pending Appeal by Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Yisroel Reisman, Steven Saphirstein. (Schick, Avi) (Entered: 11/13/2020)	Nov. 13, 2020	Nov. 13, 2020 RECAP
21	Letter MOTION to Adjourn Conference on Defendants' proposed Motion to Dismiss by Andrew M. Cuomo. (Spiegelman, Todd) (Entered: 11/13/2020)	Nov. 13, 2020	Nov. 13, 2020 RECAP
	Order(Other)	Nov. 13, 2020	Nov. 13, 2020 PACER
	Order on Motion for Pre Motion Conference AND Order on Motion to Adjourn Conference	Nov. 13, 2020	Nov. 13, 2020 PACER
23	RESPONSE to Motion re 22 Letter MOTION for Preliminary Injunction Pending Appeal filed by Andrew M. Cuomo. (Spiegelman, Todd) (Entered: 11/16/2020)	Nov. 16, 2020	Nov. 16, 2020 PACER
24	ORDER of USCA as to 16 Notice of Appeal, filed by Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Agudath Israel of Bayswater, Agudath Israel of Madison, Agudath Israel of America, Agudath Israel of Kew Garden Hills, Steven Saphirstein. The Appellants now move for emergency injunctions pending appeal and to expedite their appeals. For the following reasons, the Appellants motions for injunctions pending appeal are DENIED, and the motion to expedite their appeals is GRANTED. See document for further details. This USCA Opinion and Dissenting Opinion are endorsed on the USCA Opinion. Certified Copy Issued: 11/18/20. USCA #20-3572 and 20-3590. (Attachments: # 1 Judge Park's Dissenting Opinion) (McGee, Mary Ann) (Entered: 11/18/2020) 1 Judge Park's Dissenting Opinion View on PACER	Nov. 18, 2020	Nov. 18, 2020 PACER
	Order regarding Plaintiffs' 22 Motion for Preliminary Injunction pending appeal. In light of the United States Supreme Court's November 25, 2020 decision granting the plaintiffs injunctive relief pending the appeal before the United States Court of Appeals for the Second Circuit, the parties are directed to confer and advise this court via ECF by Friday, December 4, 2020, of their positions regarding the effect of the Supreme Court's decision on plaintiffs' motion for an injunction pending appeal. Ordered by Judge Kiyo A. Matsumoto on 12/1/2020. (Urquiola, Rebecca)	Dec. 1, 2020	Dec. 1, 2020 PACER
	Order(Other)	Dec. 1, 2020	Dec. 1, 2020 PACER
25	Joint MOTION to Stay Resolution of Plaintiffs' Motion for Preliminary Injunction Pending Appeal by Andrew M. Cuomo. (Spiegelman, Todd) (Entered: 12/04/2020)	Dec. 4, 2020	Dec. 4, 2020 RECAP
	ORDER granting 25 Joint Motion to Stay. Plaintiff's motion for an injunction pending appeal will be held in abeyance pending the resolution of plaintiff's appeal before the United States Court of Appeals for the Second Circuit from this court's denial of plaintiff's application for a preliminary injunction. Ordered by Judge Kiyo A. Matsumoto on 12/7/2020. (Urquiola, Rebecca)	Dec. 7, 2020	Dec. 7, 2020 PACER
	Order on Motion to Stay	Dec. 7, 2020	Dec. 7, 2020 PACER
26	ORDER of USCA as to 16 Notice of Appeal, filed by Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Agudath Israel of Bayswater, Agudath Israel of Madison, Agudath Israel of America, Agudath Israel of Kew Garden Hills, Steven Saphirstein. For the reasons set forth above, with respect to the Dioceses appeal, No. 20-3590, the District Courts Order is Reversed. We Remand to the District Court with directions to grant a preliminary injunction against enforcement of the Orders 10- and 25-person occupancy limits on houses of worship. With respect to Agudath Israels appeal, No. 20-3572, the District Courts Order is likewise reversed to the extent that it denied Agudath Israels motion for a preliminary injunction as to the Orders fixed capacity limits, and we Remand to the District Court with directions to grant a preliminary injunction against enforcement of those limits. The District Courts Order is vacated to the extent that it denied a preliminary injunction against enforcement of the Orders 25% and 33% capacity limits on houses of worship. As to those limits, we Remand for further proceedings consistent with this Opinion, including the application of strict scrutiny in the analysis of Agudath Israels likelihood of success on the merits. In the interest of judicial economy, all further proceedings and subsequent appeals shall be referred to this panel. See document for further details. Certified Copy issued on 12/28/2020. USCA # 20-3572. Please Note the USCA Mandate has not yet been issued. Further Note this USCA Order is endorsed on the USCA Opinion decided on 12/28/2020. (Mejia, Salomon) (Entered: 12/28/2020)	Dec. 28, 2020	Dec. 28, 2020 Clearinghouse
	ORDER RE 26 Order of USCA as to 16 Notice of Appeal. In light of the United States Court of Appeals for the Second Circuit's December 28, 2020 decision, the parties are ordered to confer and jointly advise this court as to how they intend to proceed by Monday, January 4, 2021. Ordered by Judge Kiyo A. Matsumoto on 12/29/2020. (Urquiola, Rebecca)	Dec. 29, 2020	Dec. 29, 2020 PACER
	Order(Other)	Dec. 29, 2020	Dec. 29, 2020 PACER
27	First MOTION for Extension of Time to File joint letter advising the Court on how the parties intend to proceed by Andrew M. Cuomo. (Spiegelman, Todd) (Entered: 12/31/2020)	Dec. 31, 2020	Dec. 31, 2020 PACER
	ORDER granting 27 Motion for Extension of Time to File. The parties are ordered to confer and jointly advise this court as to how they intend to proceed by Monday, January 11, 2021. Ordered by Judge Kiyo A. Matsumoto on 1/4/2021. (Urquiola, Rebecca)	Jan. 4, 2021	Jan. 4, 2021 PACER
	Order on Motion for Extension of Time to File	Jan. 4, 2021	Jan. 4, 2021 PACER
28	Letter - Joint letter regarding case status by Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Yisroel Reisman, Steven Saphirstein (Schick, Avi) (Entered: 01/11/2021)	Jan. 11, 2021	Jan. 11, 2021 PACER
	ORDER: In light of the Second Circuit's decision on appeal 26, the plaintiffs' Motion for a Preliminary Injunction 2 against Executive Order 202.68's 10- and 25-person occupancy limits is GRANTED for the reasons stated therein. Separately, with respect to Executive Order 202.68's 25% and 33% capacity limits on houses of worship, the court will hold a telephonic status conference on this issue on Tuesday, January 26, 2021 at 11:00 a.m. During said conference, the parties are ordered to update the Court on the status of their settlement discussions. The parties are ordered to appear before the court by telephone by calling 1-888-684-8852 and entering the following access code: 1312089. Ordered by Judge Kiyo A. Matsumoto on 1/19/2021. (Urquiola, Rebecca)	Jan. 19, 2021	Jan. 19, 2021 PACER
29	MANDATE of USCA as to 16 Notice of Appeal, filed by Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Agudath Israel of Bayswater, Agudath Israel of Madison, Agudath Israel of America, Agudath Israel of Kew Garden Hills, Steven Saphirstein. (Brown, Marc) (Entered: 01/19/2021)	Jan. 19, 2021	Jan. 19, 2021 RECAP
	Order(Other)	Jan. 19, 2021	Jan. 19, 2021 PACER
	ORDER vacating 22 Motion for Preliminary Injunction. In light of this court's 1/19/2021 order, this motion is vacated. Ordered by Judge Kiyo A. Matsumoto on 1/25/2021. (Urquiola, Rebecca)	Jan. 25, 2021	Jan. 25, 2021 PACER
	Order on Motion for Preliminary Injunction	Jan. 25, 2021	Jan. 25, 2021 PACER
	Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Status Conference held on 1/26/2021. Appearances: Avi David Schick, Esq. for Plaintiffs; Todd Alan Spiegelman, Esq. for Defendant.The court ordered a follows: (1) this court will conduct a video hearing regarding Executive Order 202.68's 25% and 33% capacity limits on houses of worship on Monday, February 8, 2021 at 9:30 a.m.; (2) the parties will submit witness lists with accompanying summaries as to what each witness will testify to, exhibit lists, and pre-hearing memoranda of law based on the current state of affairs by Thursday, February 4, 2021 at 4:00 p.m; (3) plaintiffs are advised to state the capacity of each house of worship in their submissions; and (4) the parties will inform this court if they settle this matter prior to said hearing. As discussed at today's status conference, defendant has agreed to suspend enforcement of Executive Order 202.68's 25% and 33% capacity limits on houses of worship pending a final decision. The link to access the conference will be provided to counsel in advance of the hearing. (Court Reporter Lisa Schmid.) (Urquiola, Rebecca)	Jan. 26, 2021	Jan. 26, 2021 PACER
	Status Conference	Jan. 26, 2021	Jan. 26, 2021 PACER
30	USCA Statement of Costs as to 16 : IT IS HEREBY ORDERED that costs are taxed in the amount of $1,146.40 in favor of the Appellants. (Brown, Marc) (Entered: 01/28/2021)	Jan. 28, 2021	Jan. 28, 2021 PACER
	ORDER denying 31 Defendants Motion to Cancel Preliminary Injunction Hearing. The parties letters 31 and 32 are ambiguous as to the terms of the defendants consent to a preliminary or permanent injunction, i.e. the scope of the injunction, whether the injunction will apply only to defendant Andrew Cuomo or to other state officers, agents, servants and employees who may be responsible for enforcing Executive Order 202.68 and similar amended or subsequent Executive Orders; whether the injunction will apply to all enforcement actions pursuant to Executive Order 202.68 and amended or subsequent Executive Orders imposing numerical and percent of capacity limits affecting only the party plaintiffs, or all houses of worship in a designated red or orange zone; whether the defendants consent to an injunction will apply only in red or orange zones within a specific geographic area or throughout New York State; and whether the defendant is agreeing to a preliminary or permanent injunction and, if the former, when the terms of the preliminary injunction will expire. As the parties are aware, the court relied on the facts presented by the parties submissions at the initial hearing for injunctive relief in denying the injunction, and has not been made aware of any other facts that should be considered for purposes of the hearing. Furthermore, as provided by Fed. R. Civ. P. 65(d), every order granting an injunction must include, inter alia, specific reasons, specific terms, detailed descriptions of acts to be enjoined, and persons to be bound by the injunction. The parties are directed to negotiate the terms of the preliminary or permanent injunction, including the specific reasons and findings justifying the injunction, the specific terms of the injunction, and acts to be enjoined. The parties shall file a joint proposed order granting a preliminary or permanent injunction via ECF pursuant to Federal Rule of Civil Procedure 65 (d) no later than noon on Friday, February 5, 2021. The preliminary injunction hearing scheduled for Monday, February 8, 2021 will proceed as scheduled unless the court determines that the parties have finalized the terms of a proposed preliminary or permanent injunction by February 5, 2021. Ordered by Judge Kiyo A. Matsumoto on 2/2/2021.(Urquiola, Rebecca)	Feb. 2, 2021	Feb. 2, 2021 PACER
32	RESPONSE to Motion re 31 MOTION for Hearing - to Cancel Preliminary Injunction Hearing and Related Briefing filed by Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Yisroel Reisman, Steven Saphirstein. (Schick, Avi) (Entered: 02/02/2021)	Feb. 2, 2021	Feb. 2, 2021 RECAP
31	MOTION for Hearing - to Cancel Preliminary Injunction Hearing and Related Briefing by Andrew M. Cuomo. (Spiegelman, Todd) (Entered: 02/02/2021)	Feb. 2, 2021	Feb. 2, 2021 RECAP
	Order on Motion for Hearing	Feb. 3, 2021	Feb. 3, 2021 PACER
	ORDER RE 34 MOTION for Reconsideration. The court will hold a telephonic status conference tomorrow, February 5, 2021 at 11:00 a.m. regarding defendant's proposed injunction. The parties should dial into the status conference by calling 1-888-684-8852 and entering the following access code: 1312089. The parties are directed to inform the court at this conference of the status of their good faith negotiations. Ordered by Judge Kiyo A. Matsumoto on 2/4/2021. (Urquiola, Rebecca)	Feb. 4, 2021	Feb. 4, 2021 PACER
	ORDER granting 33 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Kiyo A. Matsumoto on 2/4/2021. (Urquiola, Rebecca)	Feb. 4, 2021	Feb. 4, 2021 PACER
37	Exhibit List - Plaintiff's Exhibit List for February 8, 2021 Hearing on Motion for Preliminary Injunction by Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Yisroel Reisman, Steven Saphirstein. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R) (Schick, Avi) (Entered: 02/04/2021)	Feb. 4, 2021	Feb. 4, 2021 PACER
36	Witness List by Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Yisroel Reisman, Steven Saphirstein (Schick, Avi) (Entered: 02/04/2021)	Feb. 4, 2021	Feb. 4, 2021 PACER
35	MEMORANDUM in Support re Status Conference,,,, Plaintiff's Pre-Hearing Memorandum of Law in support of Motion for Preliminary Injunction filed by Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Yisroel Reisman, Steven Saphirstein. (Attachments: # 1 Exhibit Declaration of Timothy P. Flanigan M.D.) (Schick, Avi) (Entered: 02/04/2021)	Feb. 4, 2021	Feb. 4, 2021 RECAP
34	MOTION for Reconsideration re Order on Motion for Hearing,,,,,,,,, to reconsider decision denying Defendant's request to cancel the preliminary injunction hearing based on Defendant's consent to the issuance of a preliminary injunction under specific terms by Andrew M. Cuomo. (Spiegelman, Todd) )VACATED pursuant to electronic Order of Judge Matsumoto dated 2/9/2021 . This entry has been modified on 2/18/2021 to indicate order 34 has been vacated. (Tavarez, Jennifer). (Entered: 02/04/2021)	Feb. 4, 2021	Feb. 4, 2021 RECAP
33	Notice of MOTION to Appear Pro Hac Vice of William A. Smith Filing fee $ 150, receipt number ANYEDC-14099031. by Agudath Israel of America, Agudath Israel of Bayswater, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Steven Saphirstein. (Attachments: # 1 Affidavit in Support, # 2 Certificate of Good Standing) (Smith, William) (Entered: 02/04/2021)	Feb. 4, 2021	Feb. 4, 2021 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Feb. 4, 2021	Feb. 4, 2021 PACER
	Order(Other)	Feb. 4, 2021	Feb. 4, 2021 PACER
41	RESPONSE to Motion re 39 Letter MOTION for Preliminary Injunction setting forth Defendant's requested revisions to the Proposed Order filed by Andrew M. Cuomo. (Spiegelman, Todd) (Entered: 02/05/2021)	Feb. 5, 2021	Feb. 5, 2021 PACER
	ORDER RE 39 Letter Motion for Preliminary Injunction. As per plaintiff's letter, defendant contests one sentence in the proposed preliminary injunction order. Defendant is ordered to submit information pertinent to the proposed order and any proposed amendments, if any, by noon on Sunday, February 7, 2021. Ordered by Judge Kiyo A. Matsumoto on 2/5/2021. (Urquiola, Rebecca)	Feb. 5, 2021	Feb. 5, 2021 PACER
40	NOTICE of Appearance by William Alexander Smith on behalf of All Plaintiffs (notification declined or already on case) (Smith, William) (Entered: 02/05/2021)	Feb. 5, 2021	Feb. 5, 2021 PACER
39	Letter MOTION for Preliminary Injunction by Agudath Israel of America, Agudath Israel of Bayswater, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Menachem Feifer, Rabbi Yisroel Reisman, Steven Saphirstein. (Attachments: # 1 Proposed Order) (Schick, Avi) VACATED pursuant to electronic Order of Judge Matsumoto dated 2/9/2021 . This entry has been modified on 2/18/2021 to indicate order 39 has been vacated. (Tavarez, Jennifer) (Entered: 02/05/2021) 1 Proposed Order View on RECAP	Feb. 5, 2021	Feb. 5, 2021 RECAP
	Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Status Conference held on 2/5/2021. Appearances: Avi David Schick, Esq. for the Plaintiffs; Todd Alan Spiegelman, Esq. for the Defendant. The court ordered that the parties file a joint proposed order granting an injunction via ECF pursuant to Federal Rule of Civil Procedure 65 (d) by 2 p.m. today. The court also adjourned the video hearing regarding Executive Order 202.68's 25% and 33% capacity limits on houses of worship scheduled for Monday, February 8, 2021 at 9:30 a.m. The court will instead conduct a status conference on Monday, February 8, 2021 at 10:00 a.m. The parties should dial into the status conference by calling 1-888-684-8852 and entering the following access code: 1312089. (Court Reporter David Roy.) (Urquiola, Rebecca)	Feb. 5, 2021	Feb. 5, 2021 PACER
38	MOTION in Limine to Exclude Testimony of Howard Zucker and Bryon Backenson from Preliminary Injunction Hearing by Andrew M. Cuomo. (Spiegelman, Todd) VACATED pursuant to electronic Order of Judge Matsumoto dated 2/9/2021. This entry has been modified on 2/18/2021 to indicate order 38 has been vacated. (Tavarez, Jennifer). (Entered: 02/05/2021)	Feb. 5, 2021	Feb. 5, 2021 RECAP
	Status Conference	Feb. 5, 2021	Feb. 5, 2021 PACER
	Order(Other)	Feb. 5, 2021	Feb. 5, 2021 PACER
42	Letter to the Hon. Judge Kiyo Matsumoto regarding Status Conference by Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Yisroel Reisman, Steven Saphirstein (Schick, Avi) (Entered: 02/07/2021)	Feb. 7, 2021	Feb. 7, 2021 RECAP
43	RESPONSE in Opposition re 39 Letter MOTION for Preliminary Injunction brief response to Plantiffs' Letter of February 7, 2021 filed by Andrew M. Cuomo. (Spiegelman, Todd) (Entered: 02/08/2021)	Feb. 8, 2021	Feb. 8, 2021 RECAP
	ORDER vacating 34 Motion for Reconsideration; vacating 38 Motion in Limine; vacating 39 Motion for Preliminary Injunction. In light of this court's 44 Permanent Injunction Order, the pending motions have been vacated. Ordered by Judge Kiyo A. Matsumoto on 2/9/2021. (Urquiola, Rebecca)	Feb. 9, 2021	Feb. 9, 2021 PACER
44	Order and Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Status Conference held on 2/9/2021. Appearances: Avi David Schick, Esq. for the Plaintiffs; Todd Alan Spiegelman, Esq. for the Defendant. For the reasons stated in the Permanent Injunction Order, and in light of parties' submissions, this court grants a permanent injunction against enforcement of EO 202.68s 25% capacity or maximum of 10-people, and 33% capacity or maximum of 25-people limitations on houses of worship, respectively in red and orange zones. This Order shall apply to Defendant and all officers, agents, or employees responsible for enforcing Executive Order 202.68, and shall apply to the 10- and 25-person limitations and the 25% and 33% occupancy limits for all houses of worship, respectively in red and orange zones in New York State. The parties are directed to inform this court as to whether this court can close the case by Monday, March 1, 2021. (Court Reporter Linda Marino. (Urquiola, Rebecca) (Entered: 02/09/2021)	Feb. 9, 2021	Feb. 9, 2021 Clearinghouse
	Order on Motion for Reconsideration AND Order on Motion in Limine AND Order on Motion for Preliminary Injunction	Feb. 9, 2021	Feb. 9, 2021 PACER
45	MOTION for Extension of Time to File Application for Attorneys' Fees, with Consent by Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Yisroel Reisman, Steven Saphirstein. (Schick, Avi) (Entered: 02/21/2021)	Feb. 21, 2021	Feb. 21, 2021 PACER
	Electronic Index to Record on Appeal sent to US Court of Appeals. 16 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Jones, Vasean)	Feb. 22, 2021	Feb. 22, 2021 PACER
	ORDER granting 45 Motion for Extension of Time to File Application for Attorneys' Fees. The plaintiffs' application will be due on Tuesday, March 9, 2021. Ordered by Judge Kiyo A. Matsumoto on 2/22/2021. (Urquiola, Rebecca)	Feb. 22, 2021	Feb. 22, 2021 PACER
	Order on Motion for Extension of Time to File	Feb. 22, 2021	Feb. 22, 2021 PACER
	Electronic Index to Record on Appeal	Feb. 22, 2021	Feb. 22, 2021 PACER
46	NOTICE by Andrew M. Cuomo of the parties' positions on closing this case. (Spiegelman, Todd) (Entered: 03/01/2021)	March 1, 2021	March 1, 2021 PACER
	ORDER RE 46 Notice by Andrew M. Cuomo of the parties' positions on closing this case. In light of the parties' 3/1/2021 letter, the parties are expected to notify this court by March 9, 2021 as to how they intend to resolve the issue of plaintiffs' attorneys' fees. Ordered by Judge Kiyo A. Matsumoto on 3/2/2021. (Urquiola, Rebecca)	March 2, 2021	March 2, 2021 PACER
	Order(Other)	March 3, 2021	March 3, 2021 PACER
	ORDER granting 47 Motion for Extension of Time to File. Upon consent by defendant, plaintiffs will submit the application for attorneys' fees by April 9, 2021. Ordered by Judge Kiyo A. Matsumoto on 3/5/2021. (Urquiola, Rebecca)	March 5, 2021	March 5, 2021 PACER
47	Second MOTION for Extension of Time to File Application for Attorneys' Fees, with Consent by Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Yisroel Reisman, Steven Saphirstein. (Schick, Avi) (Entered: 03/05/2021)	March 5, 2021	March 5, 2021 PACER
	Order on Motion for Extension of Time to File	March 5, 2021	March 5, 2021 PACER
48	MOTION for Extension of Time to File Application for Attorneys' Fees, with Consent by Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Rabbi Yisroel Reisman, Steven Saphirstein. (Schick, Avi) (Entered: 04/05/2021)	April 5, 2021	April 5, 2021 PACER