Congregation Rabbinical College of Tartikov, Inc. et al v. Village of Pomona et al

Filing 393

ORDER terminating 360 Motion for Attorney Fees. In the interests of efficiency, Plaintiffs shall file a new Motion for Attorneys' Fees and Costs (the "Motion") that consolidates arguments that supplement the Original Motion and a rguments related to attorneys' fees with respect to the appeal and any other events subsequent to the filing of the Original Motion. Plaintiffs shall file this Motion by no later than May 14, 2020. Defendants shall file their opposition paper s by no later than June 29, 2020. Plaintiffs shall file a reply by no later than July 29, 2020. Sur-reply papers will not be accepted unless prior permission of the Court is given. Counsel are reminded that there is a strict page limit, which will be extended only in extreme circumstances. Any pending deadlines found in the Federal Rules of Civil Procedure or in any applicable statute are hereby stayed until the date the Motion is decided. If oral argument is requested, it may be scheduled b y the Court. In light of the supplemental Motion to be filed by Plaintiffs, the Court dismisses the Original Motion without prejudice. The Clerk of the Court is respectfully directed to terminate this pending Motion, (Dkt. No. 360). SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/30/2020) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CONGREGATION RABBINCAL
COLLEGE OF TARTIKOV, INC., et al.,
Plaintiffs,
v.

No. 07-CV-6304 (KMK)
ORDER

VILLAGE OF POMONA, N.Y., et al.,
Defendants.
KENNETH M. KARAS, United States District Judge:
On April 19, 2018, after a bench trial and the Court’s entry of Judgment and Mandatory
Injunction granting Plaintiffs’ claims in part (the “Judgment”), (Dkt. No. 356), Plaintiffs filed a
Motion for Attorneys’ Fees and Costs (the “Original Motion”), (Dkt. Nos. 360–73). Defendants
filed an Opposition to the Original Motion on June 4, 2018. (Dkt. Nos. 377–79.) On June 21,
2018, Plaintiffs filed a Reply. (Dkt. Nos. 380–84.) The Original Motion was subsequently
stayed pending the outcome of an appeal of the Court’s Judgment. (Dkt. No. 385.) On
December 20, 2019, the Second Circuit issued an Opinion that affirmed certain portions of the
Judgment, reversed other portions, and vacated the Judgment with respect to certain claims for
which the Second Circuit found Plaintiffs lacked standing. (Dkt. No. 386.) The Court entered a
judgment on March 19, 2020 dismissing the claims for which the Second Circuit found that
Plaintiffs lacked standing. (Dkt. No. 390.)
On March 24, 2020, Plaintiffs filed a letter setting forth a proposed briefing schedule to
supplement their Original Motion. (Letter from Donna C. Sobel, Esq. to Court (Mar. 24, 2020)
(“Sobel Mar. 24 Letter”) 1–2 (Dkt. No. 391).) Plaintiffs noted that they intended to “supplement
their . . . [Original Motion] to request attorney’s fees incurred with respect to the proceedings
before . . . the Second Circuit for the portions of the . . . Court’s Order and Judgment that were

upheld,” and proposed that the Parties engage in simultaneous briefing. (Id.) Defendants
objected to Plaintiffs’ proposed supplemental filing and briefing schedule, arguing that Plaintiffs
should file a separate motion with respect to attorneys’ fees from the appeal, and that any
supplemental briefing on the Original Motion should be considered separately. (Letter from
John F. X. Peloso, Jr., Esq. to Court (Mar. 25, 2020) (“Mar. 25 Peloso Letter”) 1–2 (Dkt. No.
392).)
In the interests of efficiency, Plaintiffs shall file a new Motion for Attorneys’ Fees and
Costs (the “Motion”) that consolidates arguments that supplement the Original Motion and
arguments related to attorneys’ fees with respect to the appeal and any other events subsequent to
the filing of the Original Motion. Plaintiffs shall file this Motion by no later than May 14, 2020.
Defendants shall file their opposition papers by no later than June 29, 2020. Plaintiffs shall file a
reply by no later than July 29, 2020. Sur-reply papers will not be accepted unless prior
permission of the Court is given.
Counsel are reminded that there is a strict page limit, which will be extended only in
extreme circumstances.
Any pending deadlines found in the Federal Rules of Civil Procedure or in any applicable
statute are hereby stayed until the date the Motion is decided.
If oral argument is requested, it may be scheduled by the Court.

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In light of the supplemental Motion to be filed by Plaintiffs, the Court dismisses the
Original Motion without prejudice. The Clerk of the Court is respectfully directed to terminate
this pending Motion, (Dkt. No. 360).
SO ORDERED.
DATED:

March 30, 2020
White Plains, New York
____________________________________
KENNETH M. KARAS
UNITED STATES DISTRICT JUDGE

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