Case 20-2683, Document 30,

29, 08/21/2020,
08/20/2020, 2913720,
2913688, Page1 of 2

United States Court of Appeals

FOR THE
SECOND CIRCUIT
_________________

At a stated term of the United States Court of Appeals for the Second
Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the
City of New York, on the 21st day of August, two thousand and twenty.

Present: Denny Chin,

Circuit Judge.
_________________________________________________

Jenna M. DiMartile, Justin G. Crawford, Pamela

Giglia, Joe Durolek, and David Shamenda,

Plaintiffs-Appellees,
ORDER
v.

Andrew M. Cuomo, Letitia James, and Empire

State Development Corporation,
Defendants-Appellants, 20-2683

Mark Poloncarz and Erie County Department of

Health,

Defendants.
_________________________________________________

On August 7, 2020, the district court (Suddaby, Ch. J.) issued a preliminary
injunction in favor of Plaintiffs-Appellees -- two couples with weddings scheduled in
August -- enjoining Defendants-Appellants (collectively, the "State") from enforcing an
Executive Order, issued in response to the COVID-19 pandemic, setting a 50-person
limit on social gatherings. On August 19, 2020, the district court issued an order
denying the State's motion for a stay of the preliminary injunction pending appeal.

After the district court issued the preliminary injunction, the first couple
proceeded with its wedding. The second couple is scheduled to be married August 22,
2020, with some 175 people expected to attend. Plaintiffs-Appellees did not seek to
 Case 20-2683, Document 30,
29, 08/21/2020,
08/20/2020, 2913720,
2913688, Page2 of 2

challenge the application of the Executive Order limiting gatherings to 50 people until
just a few days before the first of the scheduled weddings.

The State now moves in this Court for an emergency stay of the
preliminary injunction pending appeal.

Upon consideration, IT IS HEREBY ORDERED, ADJUDGED, and

DECREED that the State's motion for an emergency stay is GRANTED, to the extent
that the district court's preliminary injunction is stayed until the next available motions
panel can hear the motion for a stay pending appeal.

FOR THE COURT:

Catherine O'Hagan Wolfe, Clerk