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Agudath Israel of America v. Cuomo — U.S. District Court, E.D.N.Y.

Agudath Israel of America v. Cuomo — 37 court filings in the archive, mostly from U.S. District Court for the Eastern District of New York, filed between October 8, 2020 and March 27, 2023. Among them: 8 exhibits, 2 orders and 1 complaint.

See also: — the same docket (docket No. 1:20-cv-04834) under another case page, 2 public filings.

Case facts

CourtU.S. District Court for the Eastern District of New York (30 filings); U.S. Court of Appeals for the Second Circuit (6 filings)
Filings37 public filings
Filed2020-10-08 – 2023-03-27
Document typesexhibits (8), orders (2), complaint (1), declaration (1), memorandum or brief (1), response or reply (1)
Original PDFs37 of 37

Case summary

Agudath Israel of America and three affiliated congregations, with Rabbi Yisroel Reisman, Rabbi Menachem Feifer and Steven Saphirstein, filed a complaint for declaratory and injunctive relief on October 8, 2020 in the U.S. District Court for the Eastern District of New York, No. 1:20-cv-04834, against Andrew M. Cuomo, Governor of the State of New York, in his official capacity. They alleged that the capacity limits Executive Order 202.68 placed on houses of worship in red and orange zones violate the Free Exercise Clause. The Second Circuit reversed the denial of a preliminary injunction as to the fixed capacity limits and remanded on January 19, 2021. Judge Kiyo A. Matsumoto granted a permanent injunction on February 9, 2021 and later awarded $446,521.94 in attorneys' fees, which the Second Circuit affirmed on March 27, 2023.

Case at a glance

PartiesPlaintiffs: Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Agudath Israel of Bayswater, Rabbi Yisroel Reisman, Rabbi Menachem Feifer and Steven Saphirstein. Defendant: Andrew M. Cuomo, Governor of the State of New York, in his official capacity
Court and docketU.S. District Court for the Eastern District of New York, No. 1:20-cv-04834-KAM-RML, Judge Kiyo A. Matsumoto; U.S. Court of Appeals for the Second Circuit, No. 20-3572
ProgramNot named in the filings on this page
ClaimsDeclaratory and injunctive relief on the ground that Executive Order 202.68's capacity restrictions on houses of worship in red and orange zones violate the Free Exercise Clause; attorneys' fees under 42 U.S.C. § 1988
Disposition or statusPreliminary-injunction denial reversed in part and remanded by the Second Circuit January 19, 2021; permanent injunction granted February 9, 2021; attorneys' fees of $446,521.94 awarded December 6, 2021 and affirmed by the Second Circuit March 27, 2023
Status checked2026-09-23 · against DOJ press releases through 2026-09-22; court docket not yet read

What did the court enjoin?

Enforcement of Executive Order 202.68's limits on houses of worship: 25% of maximum occupancy or 10 people, whichever is fewer, in red zones, and 33% of maximum occupancy or 25 people, whichever is fewer, in orange zones. The order applies to the defendant and all officers, agents or employees responsible for enforcing the executive order, for all houses of worship in red and orange zones in New York State.

What did the Second Circuit decide?

That the district court order is reversed to the extent that it denied Agudath Israel's motion for a preliminary injunction as to the executive order's fixed capacity limits, and the cause remanded with directions to grant a preliminary injunction against enforcement of those limits and for further proceedings.

How much was awarded in fees?

The plaintiffs sought $921,862.50 in fees and $13,420.70 in costs under 42 U.S.C. § 1988. The court concluded that their attorneys were entitled to $446,521.94 — $368,839.44 for Troutman and $77,682.50 for Becket — and denied the application for costs without prejudice. The Second Circuit affirmed and denied fees for the appeal itself.

Summary written from the documents on this page; every sentence is sourced.

Filings

37 public filings from this case, in filing-date order.

  1. Complaint — Agudath Israel v. CuomoComplaint · PDF
  2. Exhibit A — Gov. Cuomo press transcript (Oct. 5, 2020) — Agudath Israel v. Cuomo (2d Cir.)Exhibit · PDF
  3. Exhibit — CDC household COVID-19 cleaning guidance (Jul. 10, 2020) — Agudath Israel v. Cuomo (2d Cir., 2020-10-08, 1)Exhibit · PDF
  4. Exhibit — White House COVID-19 national emergency proclamation — Agudath Israel v. Cuomo (2d Cir., 2020-10-08, 2)Exhibit · PDF
  5. Exhibit — WHO Director-General pandemic declaration (Mar. 11, 2020) — Agudath Israel v. Cuomo (2d Cir., 2020-10-08, 3)Exhibit · PDF
  6. Exhibit — WHO IHR Emergency Committee statement (Jan. 30, 2020) — Agudath Israel v. Cuomo (2d Cir., 2020-10-08, 4)Exhibit · PDF
  7. Exhibit — WHO novel coronavirus situation report (Jan. 20, 2020) — Agudath Israel v. Cuomo (2d Cir., 2020-10-08, 5)Exhibit · PDF
  8. Exhibit — WHO novel coronavirus situation report (Jan. 23, 2020) — Agudath Israel v. Cuomo (2d Cir., 2020-10-08, 6)Exhibit · PDF
  9. Exhibit — WHO SARS-CoV-2 transmission scientific brief (Jul. 9, 2020) — Agudath Israel v. Cuomo (2d Cir., 2020-10-08, 7)Exhibit · PDF
  10. Order to show cause — Agudath Israel v. CuomoOrder · PDF
  11. Affidavit of Rabbi Yisroel Reisman — Agudath Israel v. CuomoDeclaration · PDF
  12. Brief in support of TRO and preliminary injunctionMemorandum or brief · PDF
  13. Governor's brief in opposition to TRO and preliminary injunction — Agudath Israel v. Cuomo (2d Cir.)PDF
  14. Reply brief in support of TRO and preliminary injunction — Agudath Israel v. Cuomo (2d Cir.)Response or reply · PDF
  15. Notice of appeal — Agudath Israel v. CuomoNotice · PDF
  16. Second Circuit emergency order (Oct. 22, 2020)PDF
  17. Governor's pre-motion letter (motion to dismiss, Nov. 3, 2020) — Agudath Israel v. Cuomo (2d Cir.)PDF
  18. Second Circuit order denying emergency injunction (Nov. 9, 2020) — Agudath Israel v. Cuomo (2d Cir.)PDF
  19. Circuit Judge Park dissent — Agudath Israel v. Cuomo (2d Cir., Nov. 9, 2020) (2d Cir.)PDF
  20. Letter motion for injunction pending appeal (Nov. 13, 2020) — Agudath Israel v. Cuomo (2d Cir.)Letter · PDF
  21. Joint status letter on SCOTUS interim injunction (Dec. 4, 2020) — Agudath Israel v. Cuomo (2d Cir.)PDF
  22. Second Circuit opinion — Agudath Israel v. Cuomo (983 F.3d 620, Dec. 28, 2020) (2d Cir.)PDF
  23. Second Circuit remand judgment (Jan. 19, 2021)PDF
  24. Governor's letter conceding preliminary injunction (Feb. 2, 2021) — Agudath Israel v. Cuomo (2d Cir., 2021-02-02)PDF
  25. Plaintiffs' letter responding to Governor's concession (Feb. 2, 2021) — Agudath Israel v. Cuomo (2d Cir.)PDF
  26. Governor's letter specifying preliminary injunction terms (Feb. 4, 2021) — Agudath Israel v. Cuomo (2d Cir., 2021-02-04)PDF
  27. Plaintiffs' pre-hearing memorandum of law (preliminary…PDF
  28. Governor's letter seeking to exclude witnesses (Feb. 5, 2021) — Agudath Israel v. Cuomo (2d Cir.)PDF
  29. Plaintiffs' letter submitting proposed preliminary injunction order (Feb. 5, 2021) — Agudath Israel v. Cuomo (2d Cir.)PDF
  30. Proposed preliminary injunction order (Feb. 5, 2021)PDF
  31. Plaintiffs' pre-conference letter on preliminary injunction disputes (Feb. 7, 2021) — Agudath Israel v. Cuomo (2d Cir.)PDF
  32. Governor's response letter on PI order disputes (Feb. 8, 2021) — Agudath Israel v. Cuomo (2d Cir.)PDF
  33. Permanent injunction order — Agudath Israel v. CuomoPDF
  34. Attorneys' fees extension request letter (May 3, 2021) — Agudath Israel v. Cuomo (2d Cir.)PDF
  35. Attorneys' fees agreement in principle letter (May 27, 2021) — Agudath Israel v. Cuomo (2d Cir.)PDF
  36. Memorandum and order on attorneys' fees — Agudath Israel v. Cuomo (Dec. 6, 2021) (2d Cir.)Order · PDF
  37. Second Circuit summary order affirming fees awardPDF

Other cases in the archive from U.S. District Court for the Eastern District of New York.

Court, dates and docket numbers are as recorded on the filings.

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