Case 6:22-cv-06486-JLS Document 56 Filed 12/29/22 Page 35 of 36
(2) Plaintiffs and Defendant Nigrelli agree to follow an expedited briefing schedule in the Second Circuit, with appellants’ opening brief to be filed 45 days from the date of this Court’s order granting a preliminary injunction, appellees’ brief to be filed 45 days after appellants’ opening brief, and appellants’ reply brief to be filed 14 days after the appellees’ brief; and
(3) Defendant Nigrelli will consent to any request by Plaintiffs to have an appeal in this case heard together with Antonyuk and Hardaway.
CONCLUSION
For the above reasons, the Court GRANTS Plaintiffs’ motion for a preliminary injunction as follows: it is
ORDERED that Defendants, in their official capacities, as well as their officers, agents, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of the Order, are enjoined, effective immediately, from implementing or enforcing S51001, codified at N.Y. Penal Law §265.01-e, against Pastor Spencer, the Church, its members, or their agents and licensees;
ORDERED that this preliminary injunction shall remain in effect pending disposition of the case on the merits;
ORDERED that no bond shall be required; and
NEVERTHELESS, it is
ORDERED that this preliminary injunction is stayed pending appeal, consistent with Defendant Nigrelli’s representation at the December 19, 2022,
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