Order to show cause — Agudath Israel v. Cuomo

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An order to show cause filed 10/08/20 as Document 6 in Agudath Israel of America v. Cuomo, No. 1:20-cv-04834-KAM-RML, in the U.S. District Court for the Eastern District of New York. The court notes that the plaintiffs, which include synagogues, Rabbis and Orthodox Jews, allege that enforcing New York Executive Order No. 202.68 against their houses of worship violates their free exercise rights under the First Amendment, and that they seek relief on or before October 9, 2020. Finding good reasons for an expedited procedure under Local Rule 6.1 (d), the order directs the Governor to show cause why a temporary restraining order and preliminary injunction should not issue under Federal Rule of Civil Procedure 65. It sets brief limits of 25 pages for the defendant and 15 pages for a reply, and a hearing via videoconference.

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UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF NEW YORI( 
AGUDATH ISRAEL OF AMERICA, AGUDATH ISRAEL OF 
KEW GARDEN HILLS, AGUDATH ISRAEL OF MADISON, 
AGUDATH ISRAEL OF BA YSW ATER, RABBI YISROEL 
REISMAN, RABBI MENACHEM FEIFER, STEVEN 
SAPHIRSTEIN, 
Plaintiffs, 
vs. 
ANDREWM. CUOMO, Governor of the State of New York, in 
his official capacity, 
Defendant. 
ORDER TO SHOW CAUSE 
K.tj tJ f1tttuWted States District Judge:
Civil Action No. 1:20-cv-04834 
(Mvi,) 
THIS MATTER coming before the Court on the Motion of Plaintiffs for a Temporary 
Restraining Order and a Prelimina1y Injunction and Order to Show Cause why a Temporary 
Restraining Order should not issue; and 
THE COURT NOTING that Plaintiffs, which include synagogues, Rabbis and Orthodox 
Jews who wish to hold in-person religious services at Jewish houses of worship in conformity with 
the existing COVID-19 capacity limitations that are in excess of the capacity limitations proscribed 
by New York Executive Order No. 202.68, allege that Defendant, the Governor of the State of New 
York, is violating their constitutional rights by enforcing Executive Order No. 202.68 as it relates to 
houses of worship.. Plaintiffs specifically allege that Defendant's gathering restrictions set forth in 
New York Executive Order No. 202.68 on Plaintiffs' houses of worship violate their free exercise 
of religion rights guaranteed by the First Amendment of the United States Constitution; 
Case 1:20-cv-04834-KAM-RML   Document 6   Filed 10/08/20   Page 1 of 3 PageID #: 302

 
THE COURT NOTING that Plaintiffs have requested that Defendant, and all those acting 
in concert with him, be temporarily restrained and preliminaiy and permanently enjoined from 
enforcing Executive Order No. 202.68 to restrict the gathering in Plaintiffs' houses of worship; 
THE COURT NOTING that Plaintiffs seek this relief to be effective on or before October 
9, 2020, which is the date on which the first of three successive Jewish holidays begin; 
THE COURT FINDING that Plaintiffs have provided good and sufficient reasons why 
the Comt should employ an expedited procedure under Local Rule 6.1 ( d) given the immediacy of 
Plaintiffs' application. 
IT IS HEREBY ORDERED that Plaintiffs' applioation is gra:ntcd :rneh that the Comt will 
employ an expedited procedure to hear this matter. 
IT IS FURTHER ORDERED THAT: 
1.
Defendant show cause why a temporary restraining order and preliminary injunction
should not be issued under Federal Rule of Civil Procedure 65 granting Plaintiffs the
following relief:
Restraining Defendant, and all those acting in concert with him, from 
enforcing Executive Order No. 202.68 to further restrict in-person 
gatherings at houses of worship beyond the existing COVID-19 occupancy 
restrictions. 
2.
Defendant must submit a brief on this issue of no more than 25 pages on or before
3.
Plaintiff may submit a brief in reply of no more than 15 pages on or before
/.·b?J rrri Ml Jcf qf HJU}
4.
The Court shall hold a temporary restraining order and preliminary injunction hearing
-2-
. The hearing shall be held via 
Case 1:20-cv-04834-KAM-RML   Document 6   Filed 10/08/20   Page 2 of 3 PageID #: 303

 
5. 
6. 
Dated: 
videoconference. The Comi shall provide the necessary link to counsel via email prior 
to hearing. 
If either party wishes to introduce testimony at the hearing, it must provide reasonable 
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advance noticehto the Comi and the other party prior to the hearing4Y) ff cJ-(JkN' q,  2?-&
· 
J,idfh 
Plaintiff musNOZ,PQpy of thROrder and the papers on which it is based on 
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Defendant on or before 
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October J_, 2020
-3-
Case 1:20-cv-04834-KAM-RML   Document 6   Filed 10/08/20   Page 3 of 3 PageID #: 304

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