Upsolve, Inc. et al v. James

Filing 47

ORDER granting 46 Letter Motion for Extension of Time to File. The requested three week extension to file an opposition after the amicus briefs are filed is granted. SO ORDERED.. (Signed by Judge Paul A. Crotty on 3/4/2022) (ks)

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STATE OF NEW YORK
OFFICE OF THE ATTORNEY GENERAL
LETITIA JAMES

DIVISION OF STATE COUNSEL

ATTORNEY GENERAL

LITIGATION BUREAU

Writer's Direct Dial: [phone]

March 3, 2022
ByECF

The Honorable Paul A. Crotty
United States District Judge
United States Courthouse
500 Pearl St.
New York, NY 10007
RE:

3/4/2022
The requested three week extension to file an
opposition after the amicus briefs are filed is
granted. SO ORDERED.

Upsolve, Inc. v. James, 22-CV-627 (PAC)

Dear Judge Crotty:
This Office represents the Attorney General in the above-captioned case. I write to
respond to the Court's request for a briefing schedule with respect to the submission by proposed
amicus curiae the Institute for Justice (see 2/28/2022 docket annotation), and, separately, to
request that the March 11, 2022 deadline for filing the Attorney General's opposition to
Plaintiffs motion for a preliminary injunction be adjourned to three weeks after all fotthcoming
amicus curiae briefs are filed.
A.

Response to Request for a Briefing Schedule
with Respect to the Institute for Justice's Submission

Earlier today, the Institute for Justice filed its proposed amicus brief. See ECF 45. As
such, the Attorney General respectfully submits that the Court's request for a briefing schedule
on that submission is moot. Plaintiffs counsel informs me that Plaintiffs agree with this
assessment.
B.

Request to Adjourn the Deadline for the Attorney General's
Opposition to Plaintiffs' Motion for a Preliminary Injunction

After the Comt's request for a briefing schedule on the Institute for Justice's submission,
four additional amici submitted proposed amicus briefs. Moreover, it is likely that even more
such briefs are fmthcoming. Yesterday, the Comt directed the parties to file letters by March 18,
2022 that identify additional third parties who may be interested in making such amicus
submissions. ECF 36. Any such briefs would necessarily be filed after the Attorney General's
existing opposition deadline.
28 LIBERTY STREET, NEW YORK, NY 10005 • PHONE [phone] • WWW.AG.NY.GOV

Hon. Paul A. Crotty
March 3, 2022
Page2

Given these developments, the Attorney General respectfully submits that an extension is
warranted so that it has an opportunity in its opposition to respond to the points raised in all
existing and forthcoming amicus curiae briefs. The Attorney General is the sole defendant in
this case and the official against whom injunctive relief is sought. Allowing the Attorney
General a full and fair and fair opportunity to respond to all briefing on this matter would
therefore serve the interests of justice-a conclusion that applies with even greater force given
the significant public policy implications of this case.
While Plaintiffs suggest that the amicus briefs in support of their position have already
been filed, this conclusion is at best premature. Plaintiffs presumably intend to comply with the
Court's directive to identify additional interested stakeholders, and the Attorney General should
be given the right to respond to points raised by any such stakeholders and, if necessary, to
points raised by interested third parties the Attorney General may identify.
The requested extension would also conserve the Court's resources, as it would allow the
Attorney General to respond to all points and arguments in a single brief-rather than burdening
the Court with piecemeal, supplemental submissions, as suggested by Plaintiffs.
In sum, the Attorney General respectfully requests that its March 11, 2022 deadline for
filing an opposition to Plaintiffs motion for a preliminary injunction be adjourned to three weeks
after all forthcoming amicus curiae briefs are filed.
This is the Attorney General's first request for an extension in this matter. Plaintiffs do
not consent to any extension of the parties' existing deadlines on the motion for a preliminary
injunction. Plaintiffs assert that, to Plaintiffs' knowledge, every amicus brief in support of
Plaintiffs has already been filed and Defendants have adequate opportunity to respond, if at all,
in their response brief due March 11, 2022. Plaintiffs further assert that such an extension would
be inconsistent with the expedited pace that is typical for motions for a preliminary injunction
seeking to enforce constitutional rights. Further, while Plaintiffs acknowledge the need for both
sides to respond to all points raised in the anticipated amicus briefs, they assert that this issue can
be addressed by affording both sides the opportunity to file 10-page supplemental briefs within 7
days after the filing of all forthcoming amicus briefs, if any.

Respectfully submitted,

/s/ Matthew J. Lawson
Matthew J. Lawson
Assistant Attorney General

28 LIBERTY STREET, NEW YORK, NY 10005 • PHONE [phone] o WWW.AG.NY.GOV