Upsolve, Inc. et al v. James

Filing 28

DECLARATION of David S. Udell in Support re: 27 MOTION to File Amicus Brief .. Document filed by National Center for Access to Justice. (Attachments: # 1 Exhibit A - Proposed Amicus Brief, # 2 Exhibit B - Disclosure Statement, # 3 Exhibit C - Proposed Order).(Udell, David)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UPSOLVE, INC. and REV. JOHN UDO-OKON,
Plaintiffs,
-v-

Case No. 22-cv-00627 (PAC)

LETITIA JAMES, in her official capacity
as Attorney General of the State of New York,
Defendant.
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DECLARATION OF DAVID UDELL IN SUPPORT OF NATIONAL CENTER
FOR ACCESS TO JUSTICE’S MOTION FOR LEAVE TO FILE AMICUS
CURIAE BRIEF
David Udell declares under penalty of perjury, pursuant to 28 U.S.C. § 1746, that the following is
true and correct to the best of my knowledge:
1. I am an attorney admitted to practice in this Court and the Executive Director of the National
Center for Access to Justice (“NCAJ”). I submit this declaration in support of NCAJ’s motion for leave to
file a brief amicus curiae in the above-captioned matter (the “Proposed Amicus Brief”) in support of
Plaintiffs’ motion for a preliminary injunction pending before Your Honor.
2. Plaintiffs consent to the relief requested in this motion. Defendant takes no position with
respect to the filing of an amicus brief. 1
3. The Proposed Amicus Brief is attached as Exhibit A to this declaration.
4. NCAJ has a deep interest in the issues raised by this litigation. Were Plaintiffs to prevail, it
would greatly further NCAJ’s mission of enhancing access to justice, especially for members of

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I attempted to obtain consent from Defendant to file, sending an email on February 25, 2022 to Matthew Lawson,
Counsel, New York State Office of the Attorney General, who promptly replied by email: “The Office of the Attorney
General takes no position on your request to file an amicus brief.”

communities who often face the largest justice gap. A more complete statement of NCAJ’s interests is set
forth in the accompanying Memorandum of Law in support of motion for leave to file the Proposed Amicus
Brief.
5. Attached as Exhibit B is NCAJ’s Disclosure statement.
6. Finally, attached as Exhibit C is a Proposed Order relating to this motion.
7. For the foregoing reasons, and those set forth in the accompanying Memorandum of Law,
NCAJ respectfully requests that this Court grant leave to file the Proposed Amicus Brief.
Executed on:

March 1, 2022
New York, New York

/s/ David S. Udell
David S. Udell (DU4762)
National Center for Access to Justice
150 West 62nd Street, Rm 7-165
New York, NY 10023
917-445-3021
[e-mail]
Counsel for Amicus Curiae
National Center for Access to Justice

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I hereby certify that on this 1st day of March 2022, a true and correct copy of the
foregoing was filed with the Clerk of the United States District Court for the Southern District of
New York via the Court’s CM/ECF system, which will send notice of such filing to all counsel
of record who are registered CM/ECF users.

Dated: March 1, 2022

/s/ David S. Udell
David S. Udell (DU4762)
National Center for Access to Justice
150 West 62nd Street, Rm 7-165
New York, NY 10023
917-445-3021
[e-mail]
Counsel for Amicus Curiae
National Center for Access to Justice

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