MAZON: A Jewish Response to Hunger et al v. U.S. Department of Health and Human Services et al

Filing 74

ORDER granting 73 Letter Motion to Stay re: 73 JOINT LETTER MOTION to Stay all proceedings through September 30, 2022 to allow the government to continue its consideration of whether to revise the rule challenged in this action addressed to Judge Lewis A. Kaplan from Peter Aronoff dated. Granted. So Ordered. (Signed by Judge Lewis A. Kaplan on 5/9/22) (yv)

Case 1:21-cv-00475-LAK Document 74 Filed 05/09/22 Page 1 of 2
Case 1:21-cv-00475-LAK Document 73 Filed 05/06/22 Page 1 of 2
U.S. Department of Justice
United States Attorney
Southern District of New York

86 Chambers Street

New York, New York 10007

May 6, 2022

BYECF
Honorable Lewis A. Kaplan
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-1312
Re:

MAZON: A Jewish Response to Hunger, et al., v. US. Dep 't of Health and
Human Services, et al., 21 Civ. 475 (LAK)

Dear Judge Kaplan:
This Office represents the defendant federal agencies and government officials sued in
their official capacities (together, the "government") in this action. I write jointly with the
plaintiffs' counsel to respectfully request that the existing stay of all proceedings, see ECF No.
72, be extended from May 6, 2022 through September 30, 2022, to allow the government to
continue its consideration of whether to revise the rule challenged in this action.
As noted in the parties' October 15, 2021 joint application for a stay (and prior letters),
the government is currently engaged in an interagency process to consider possible revision of
the rule challenged in this litigation. Since October, the government has continued to consider
possible revisions to the challenged rule. The agencies involved currently anticipate publishing a
notice of proposed rulemaking during the summer of 2022.

In light of this ongoing consideration, the parties respectfully request the Court stay this
action-including all briefing dates, as reflected in the operative scheduling order, ECF No. 68through and including September 30, 2022. The parties further propose that they file a status
report by the same date that proposes any next steps in the litigation, including, if necessary, a
revised briefing schedule on any dispositive motions.

sooRDE

Case 1:21-cv-00475-LAK Document 74 Filed 05/09/22 Page 2 of 2
Case 1:21-cv-00475-LAK Document 73 Filed 05/06/22 Page 2 of 2
Honorable Lewis A. Kaplan
May 6, 2022

Page 2

We thank the Court for its attention to this matter.
Respectfully submitted,
DAMIAN WILLIAMS
United States Attorney for the
Southern District of New York
By: Isl Peter Aronoff
PETER ARONOFF
Assistant United States Attorney
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

Counsel for the government