This case was last updated from PACER on 08/09/2020 at 10:39:26 (UTC).

Rev. Steven Soos et al v. Cuomo et al

Case Summary

On 06/10/2020 Rev Steven Soos filed a Civil Right - Other Civil Right lawsuit against Cuomo. This case was filed in U.S. District Courts, New York Northern District. The Judges overseeing this case are Gary L. Sharpe and Daniel J. Stewart. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:20-CV-00651

  • Filing Date:

    06/10/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

Judge Details

Presiding Judge

Gary L. Sharpe

Referral Judge

Daniel J. Stewart

 

Party Details

Plaintiffs

Rev. Steven Soos

Mayer Mayerfeld

Elchanan Perr

Daniel Schonbrun

Rev. Nicholas Stamos

Intervenor Plaintiffs

Bradley M. Markowski

Jenna M. DiMartile

James R. Young

Kevin J. Fritschler

August N. Santore, Jr.

Justin G. Crawford

Matt Shaw

Defendants

Letitia James

Andrew M. Cuomo

Bill De Blasio

Amicus Curiae

Ahuva Kleinman

3Rd Party Plaintiff

Ken McGuire LAW OFFICES OF KENNETH MCGUIRE

710 Brunswick Road

Troy, NY 12180

Attorney/Law Firm Details

Plaintiff Attorneys

Christopher A. Ferrara

148-29 Cross Island Parkway

Whitestone, NY 11357

Michael McHale

10506 Burt Circle, Ste 110

Omaha, NE 68114

Intervenor Plaintiff and Amicus Curiae Attorneys

Phillip A. Oswald

Attorney at Rupp Baase Pfalzgraf & Cunningham LLC - Buffalo Office

424 Main Street, 1600 Liberty Building

Buffalo, NY 14202-3616

Ronald D Coleman

Attorney at Dhillon Law Group, Inc.

256 5Th Avenue - 4Th Floor

New York, NY 10001

Defendant Attorneys

Adrienne J. Kerwin

Attorney at Office of Attorney General - Albany

Hilary M. Meltzer

Attorney at New York City Law Department

100 Church Street

New York, NY 10007

Melanie Sadok

Attorney at New York City Law Department

100 Church Street

New York, NY 10007

Ellen Parodi

Attorney at New York City Law Department

100 Church Street, Room 5-179

New York, NY 10007

3Rd Party Plaintiff Attorney

Kenneth J. McGuire, Jr.

Attorney at Office of Kenneth J. McGuire, Jr.

710 Brunswick Road

Troy, NY 12180

 

Court Documents

#48

(#48) ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals as to the #45 Notice of Appeal and #46 Notice of Appeal. (kmp) (Entered: 07/28/2020)

47 #7

Declaration Kevin J. Frischler

47 #6

Declaration James R. Young

47 #5

Declaration Matt Shaw

47 #4

Declaration August N. Santore, Jr.

47 #3

Memorandum of Law

#47

(#47) Emergency MOTION for Temporary Restraining Order by August N. Santore, Jr, Matt Shaw, James R. Young, Kevin J. Fritschler. (Attachments: #1 Declaration Counsel pursuant to Local R. 7.1(c), #2 Proposed complaint, #3 Memorandum of Law, #4 Declaration August N. Santore, Jr., #5 Declaration Matt Shaw, #6 Declaration James R. Young, #7 Declaration Kevin J. Frischler)(Coleman, Ronald) (Entered: 07/27/2020)

#46

(#46) NOTICE OF APPEAL as to #35 Order on Motion for TRO,,,,,,, and Preliminary Injunction by Bill De Blasio. Filing fee $ 505, receipt number ANYNDC-5185923. (Sadok, Melanie) (Entered: 07/27/2020)

#45

(#45) NOTICE OF APPEAL as to #35 Order on Motion for TRO,,,,,,, by Andrew M. Cuomo, Letitia James. Filing fee $ 505, receipt number ANYNDC-5185883. (Kerwin, Adrienne) (Entered: 07/27/2020)

#3

(#3) SUMMONS ISSUED as to Andrew M. Cuomo (Attachments: #1 Summons Issued for Letitia James, #2 Summons Issued for Bill De Blasio) (kmp) (Entered: 06/11/2020)

2 #4

Memorandum of Law

2 #3

Unsworn Declaration of Christopher Ferrara, Esq.

2 #2

Declaration of Christopher Ferrara, Esq.

2 #1

Unsworn Declaration of George DelGado, M.D.

#2

(#2) EMERGENCY MOTION for Temporary Restraining Order filed by Rev. Steven Soos, Rev. Nicholas Stamos, Daniel Schonbrun, Elchanan Perr, and Mayer Mayerfeld. (Attachments: #1 Unsworn Declaration of George DelGado, M.D., #2 Declaration of Christopher Ferrara, Esq., #3 Unsworn Declaration of Christopher Ferrara, Esq., #4 Memorandum of Law) (kmp) (Entered: 06/11/2020)

1 #2

Civil Cover Sheet

1 #1

Exhibits A - T

#1

(#1) COMPLAINT against Andrew M. Cuomo, Letitia James, and Bill De Blasio, (Filing fee $400 receipt number BNYNDC-5139985) filed by Rev. Steven Soos, Rev. Nicholas Stamos, Daniel Schonbrun, Elchanan Perr, and Mayer Mayerfeld. (Attachments: #1 Exhibits A - T, #2 Civil Cover Sheet) (kmp) (Entered: 06/11/2020)

112 More Documents Available

 

Docket Entries

  • 07/28/2020
  • Docket(#50) TEXT ONLY ORDER - Pending are two motions, which seek, among other things, permissive intervention pursuant to Rule 24(b)(1) of the Federal Rules of Civil Procedure. (Dkt. Nos. 44, 47.) As that rule indicates, "[o]n timely motion, the court may permit anyone to intervene who:... has a claim or defense that shares with the main action a common question of law or fact." Fed. R. Civ. P. 24(b)(1). "In exercising its discretion, the court must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties' rights." Fed. R. Civ. P. 24(b)(3). Having carefully reviewed the submissions of both groups of proposed intervenors, (Dkt. Nos. 44, 47), the court is unpersuaded that it should exercise its great discretion. In the broadest terms, there are common questions of law or fact and the motions are likely timely, but the delay and prejudice to the parties in this matter, all of whom are represented by competent counsel capable of effectively advancing the interests of the parties they represent, that would result from permitting intervention, even if not overwhelming, requires denial of the motions. Accordingly, both motions to intervene, (Dkt. Nos. 44, 47), are DENIED; and the motions are denied in all other respects as moot. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 7/28/2020. (jel, ) (Entered: 07/28/2020)

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  • 07/28/2020
  • Docket(#49) TEXT ONLY ORDER - Pending is proposed intervenor Christopher Earl Strunk's motion for reconsideration, (Dkt. No. 43), of the court's text only order, which denied his motion to intervene, (Dkt. No. 42). Motions for reconsideration proceed in the Northern District of New York under Local Rule 7.1(g). "In order to prevail on a motion for reconsideration, the movant must satisfy stringent requirements." In re C-TC 9th Ave. P'ship, 182 B.R. 1, 2 (N.D.N.Y. 1995). Such motions "will generally be denied unless the moving party can point to controlling decisions or data that the court overlookedmatters, in other words, that might reasonably be expected to alter the conclusion reached by the court." Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995) (citation omitted). The prevailing rule "recognizes only three possible grounds upon which motions for reconsideration may be granted; they are (1) an intervening change in controlling law, (2) the availability of new evidence not previously available, or (3) the need to correct a clear error of law or prevent manifest injustice." In re C-TC 9th Ave. P'ship, 182 B.R. at 3 (citation omitted). Strunk has completely failed to meet the stringent standard for reconsideration and his motion, (Dkt. No. 43), is, therefore, denied. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 7/28/2020. (Copy served via regular mail to Christopher Earl Strunk)(jel, ) (Entered: 07/28/2020)

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  • 07/28/2020
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  • Docket(#48) ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals as to the #45 Notice of Appeal and #46 Notice of Appeal. (kmp) (Entered: 07/28/2020)

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  • 07/27/2020
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  • Docket(#47) Emergency MOTION for Temporary Restraining Order by August N. Santore, Jr, Matt Shaw, James R. Young, Kevin J. Fritschler. (Attachments: #1 Declaration Counsel pursuant to Local R. 7.1(c), #2 Proposed complaint, #3 Memorandum of Law, #4 Declaration August N. Santore, Jr., #5 Declaration Matt Shaw, #6 Declaration James R. Young, #7 Declaration Kevin J. Frischler)(Coleman, Ronald) (Entered: 07/27/2020)

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  • 07/27/2020
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  • Docket(#46) NOTICE OF APPEAL as to #35 Order on Motion for TRO,,,,,,, and Preliminary Injunction by Bill De Blasio. Filing fee $ 505, receipt number ANYNDC-5185923. (Sadok, Melanie) (Entered: 07/27/2020)

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  • 07/27/2020
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  • Docket(#45) NOTICE OF APPEAL as to #35 Order on Motion for TRO,,,,,,, by Andrew M. Cuomo, Letitia James. Filing fee $ 505, receipt number ANYNDC-5185883. (Kerwin, Adrienne) (Entered: 07/27/2020)

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  • 07/24/2020
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  • Docket(#44) MOTION for Preliminary Injunction filed by Jenna M. DiMartile, Justin G. Crawford, Bradley M. Markowski. (Attachments: #1 Declaration of Phillip Oswald in support, #2 Memorandum of Law of Phillip Oswald in support, #3 Proposed Intervener Complaint, #4 Exhibit(s) A-J to Proposed Intervener Complaint, #5 Declaration of Lucas James with Exhibits in support) (Oswald, Phillip) (Entered: 07/24/2020)

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  • 07/24/2020
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  • Docket(#43) MOTION for Reconsideration as to the # 42 TEXT ONLY ORDER on Motion to Intervene filed by Christopher Earl Strunk. (Attachments: #1 Envelope) (kmp) (Entered: 07/24/2020)

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  • 07/21/2020
  • Docket(#42) TEXT ONLY ORDER --- Pending is proposed intervenor Christopher Earl Strunk's motion to intervene. (Dkt. No. 41.) The motion fails to satisfy the requirement that it "must state the grounds for intervention and be accompanied by a pleading that sets out the claim or defense for which intervention is sought." Fed. R. Civ. P. 24(c). And, in any event, it is not apparent that Strunk "has a claim or defense that shares with the main action a common question of law or fact" such that permissive intervention, the only apparent basis for intervention here, would be warranted. Fed. R. Civ. P. 24(b)(1)(B). For these reasons, the motion, (Dkt. No. 41), is DENIED. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 7/21/2020. (Copy served via regular mail upon movant)(jel, ) (Entered: 07/21/2020)

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  • 07/20/2020
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  • Docket(#41) PETITION TO INTERVENE AS A PLAINTIFF OF INTERVENOR filed by Christopher Earl Strunk. (Attachments: #1 Letter, #2 Envelope) Motions referred to Magistrate Judge Daniel J. Stewart. (kmp) (Entered: 07/21/2020)

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33 More Docket Entries
  • 06/11/2020
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  • Docket(#10) NOTICE of Appearance by Adrienne J. Kerwin on behalf of Andrew M. Cuomo, Letitia James (Kerwin, Adrienne) (Entered: 06/11/2020)

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  • 06/11/2020
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  • Docket(#9) CERTIFICATE OF SERVICE by Mayer Mayerfeld, Elchanan Perr, Rev. Nicholas Stamos, Rev. Steven Soos, Daniel Schonbrun re 8 Order Setting Hearing on Motion,,,,,, Service by email with certificate for service by overnight mail to follow (Ferrara, Christopher) (Entered: 06/11/2020)

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  • 06/11/2020
  • Docket(#8) TEXT ONLY ORDER - Pending is plaintiffs' application for a temporary restraining order (TRO), or, in the alternative, preliminary injunction, brought by order to show cause. (Dkt. Nos. 2, 7.) Plaintiffs seek a TRO "restraining Defendants, their agents, employees, and those acting in concert with them from enforcing the Governors Orders in a manner infringing on Plaintiffs' religious services," which would be effective for the upcoming Sabbath at sundown on June 12, 2020, and for Mass on June 14, 2020. (Dkt. No. 2 11(a).) The motion is DENIED to the extent it seeks a TRO that would apply to religious services on June 12 or 14 because insufficient time exists to make a reasoned determination with input from defendants before that time, particularly in light of the current circumstances, related to COVID-19, under which all parties and the court are operating. Defendants shall file a response to plaintiffs' motion by June 15, 2020 at 12:00 P.M. Plaintiffs may file a reply by June 16, 2020 at 12:00 P.M. A return on the motion is scheduled for June 17, 2020 at 1:00 P.M. via Skype for Business. The court's deputy clerk will contact the parties with details pertaining to the use of Skype. Plaintiffs shall serve this Text Only Order on defendants immediately by both email and overnight mail. Plaintiffs shall file proof of service with the court immediately following service as prescribed herein. Counsel for defendants shall file a notice of appearance as soon as is practicable upon receipt of this Text Only Order. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 6/11/2020. (jel, ) (Entered: 06/11/2020)

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  • 06/11/2020
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  • Docket(#7) MOTION for Temporary Restraining Order by Mayer Mayerfeld, Elchanan Perr, Rev. Nicholas Stamos, Rev. Steven Soos, Daniel Schonbrun. (Attachments: #1 Declaration In support of OTSC under Rule 7.1(e))(Ferrara, Christopher) (Entered: 06/11/2020)

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  • 06/11/2020
  • Docket(#6) TEXT ONLY ORDER - Pending is plaintiffs' application for a temporary restraining order (TRO) on an expedited basis. (Dkt. No. 2.) The immediacy of plaintiffs' application is apparent because they seek a TRO "restraining Defendants, their agents, employees, and those acting in concert with them from enforcing the Governor's Orders in a manner infringing on Plaintiffs' religious services," which would be effective for the upcoming Sabbath at sundown June 12, 2020, and for Mass on June 14, 2020. (Dkt. No. 2 11(a).) The application does not conform with Local Rule 7.1(e), which specifies the order to show cause procedure in this District. Plaintiffs shall remedy their failure to conform with the Local Rules of Practice by 3:00 P.M. today, June 11, 2020. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 6/11/2020. (jel, ) (Entered: 06/11/2020)

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  • 06/11/2020
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  • Docket(#5) NOTICE of Admission Requirement as to Party Plaintiffs'; Attorney Michael G. McHale, Email address is mmchale@thomasmoresociety.org. Phone number is 402-501-8586. Admissions due by 6/25/2020. {Copy of Notice of Admission Requirement and General Order #25 emailed to Attorney McHale on 6/11/2020}. (kmp) (Entered: 06/11/2020)

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  • 06/10/2020
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  • Docket(#4) G.O. 25 FILING ORDER ISSUED: Initial In Person Rule 16 Conference set for 9/9/2020 at 9:30 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/2/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (kmp) (Entered: 06/11/2020)

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  • 06/10/2020
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  • Docket(#3) SUMMONS ISSUED as to Andrew M. Cuomo (Attachments: #1 Summons Issued for Letitia James, #2 Summons Issued for Bill De Blasio) (kmp) (Entered: 06/11/2020)

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  • 06/10/2020
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  • Docket(#2) EMERGENCY MOTION for Temporary Restraining Order filed by Rev. Steven Soos, Rev. Nicholas Stamos, Daniel Schonbrun, Elchanan Perr, and Mayer Mayerfeld. (Attachments: #1 Unsworn Declaration of George DelGado, M.D., #2 Declaration of Christopher Ferrara, Esq., #3 Unsworn Declaration of Christopher Ferrara, Esq., #4 Memorandum of Law) (kmp) (Entered: 06/11/2020)

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  • 06/10/2020
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  • Docket(#1) COMPLAINT against Andrew M. Cuomo, Letitia James, and Bill De Blasio, (Filing fee $400 receipt number BNYNDC-5139985) filed by Rev. Steven Soos, Rev. Nicholas Stamos, Daniel Schonbrun, Elchanan Perr, and Mayer Mayerfeld. (Attachments: #1 Exhibits A - T, #2 Civil Cover Sheet) (kmp) (Entered: 06/11/2020)

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