Joint status letter on SCOTUS interim injunction (Dec. 4, 2020) — Agudath Israel v. Cuomo (2d Cir.)

Summary

A letter dated December 4, 2020 from Assistant Attorney General Todd A. Spiegelman to Judge Kiyo A. Matsumoto, Document 25 filed 12/04/20 in Agudath Israel of America v. Cuomo, No. 20-cv-04834 (E.D.N.Y.). It responds to the court's December 1, 2020 order asking for the parties' positions on plaintiffs' motion for an injunction pending appeal after the Supreme Court's November 25, 2020 order, No. 20A90, enjoining the Governor from enforcing Executive Order 202.68's 10- and 25-person occupancy limits on applicants pending appeal and any certiorari petition. The letter states that the parties jointly request that the motion be deferred until the Second Circuit rules on plaintiffs' appeal and any certiorari proceedings conclude. It states the Governor's view that the motion will then be moot.

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STATE OF NEW YORK 
OFFICE OF THE ATTORNEY GENERAL 
  LETITIA JAMES 
                                                         DIVISION OF STATE COUNSEL           
ATTORNEY GENERAL 
                                                        LITIGATION BUREAU 
 
 
28 LIBERTY STREET, NEW YORK, NY 10005 ● PHONE (212) 416-8610 ● WWW.AG.NY.GOV 
Writer’s Direct Dial: (212) 416-8661 
 
December 4, 2020 
Via ECF 
 
 
 
 
       
The Honorable Judge Kiyo A. Matsumoto 
United States Courthouse 
Eastern District of New York 
225 Cadman Plaza East 
Brooklyn, New York 11201 
 
Re: Agudath Israel of America, et al. v. Cuomo, No. 20-cv-04834 (E.D.N.Y.)(KAM)(RML) 
Dear Judge Matsumoto: 
 
This Office represents Governor Andrew M. Cuomo, the defendant in the above-referenced 
matter. I write in response to the Court’s order of December 1, 2020 directing the parties to inform 
the Court of their positions on Plaintiffs’ motion for an injunction pending appeal given the United 
States Supreme Court’s November 25, 2020 order granting in part Plaintiffs’ application for 
injunctive relief, which “enjoin[s]” the Governor “from enforcing Executive Order 202.68’s 10- and 
25- person occupancy limits on applicants, including Agudath Israel of America’s current New 
York-based affiliates, pending disposition of the appeal in the United States Court of Appeals for 
the Second Circuit and disposition of the petition for a writ of certiorari, if such writ is timely 
sought.” Agudath Israel of Am. v. Cuomo, 20A90. The Supreme Court’s injunction “shall terminate 
automatically” if “the petition for writ of certiorari be denied,” or, “[i]n the event the petition for 
writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of 
th[e] Court.” Id. 
 
The parties jointly request that Plaintiffs’ motion be held in abeyance pending the resolution 
of Plaintiffs’ expedited appeal from this Court’s denial of Plaintiffs’ application for a preliminary 
injunction. Plaintiffs’ motion would thus be deferred until a decision on the appeal is issued by the 
Second Circuit and, if a writ of certiorari is timely sought, until the Supreme Court either denies 
certiorari or sends down judgment of the Court after granting certiorari. It is Governor Cuomo’s 
view that once Plaintiffs’ appeal is resolved, their motion for an injunction pending appeal will be 
moot and should be withdrawn. 
Thank you for Your Honor’s consideration of this matter. 
Respectfully submitted, 
 
 
 
 
 
 
______/S/__________ 
 
 
 
 
 
 
Todd A. Spiegelman 
Assistant Attorney General  
cc: All Counsel (via ECF)  
  
Case 1:20-cv-04834-KAM-RML   Document 25   Filed 12/04/20   Page 1 of 1 PageID #: 753

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