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Defenders of Congestion Pricing Said Plaintiffs Too Late Now Injunction Motion Remains Pending

by Matthew Russell Lee, Substack

SDNY COURTHOUSE, July 8  –  Lawsuits against New York City's congestion pricing plan were heard on May 17 by U.S. District Court for the Southern District of New York Judge Lewis J. Liman. Inner City Press was there and live tweeted. Thread.

On July 8, in the wake of Governor Hochul's 11th hour announcement, a proceeding on the still pending request for a preliminary injunction in one of the case was held, Inner City Press covered it, thread:

Local NYC beat: now proceeding in Trucking Assoc of NY v. MTA (congestion pricing case - moot for now?)

Appearances: This is Roberta Kaplan, soon to leave Hecker Fink for my new firm. Judge: OK... I don't think I have the authority to order the defendants to tell the plaintiffs if and when it will go into effect - my equitable jurisdiction has not been shown.

Judge: This will await a decision by the MTA & the relevant authorities to go forward or not. Should I just deny the request for a preliminary injunction at this time. But if the parties agree that it is not moot, I'd like to move it along. There are legal issues

Plaintiffs' counsel: We would not like our motion to be denied. Our concern is that the MTA has a meeting in July, and in August, and they've said they are ready to go ahead if they get state and federal approval. We don't want the PI denied.

 Plaintiffs' Laura Gulfo of Monaco Cooper of Albany NY: We'd like it held in abeyance, held as an open motion. Judge: What prejudice would you suffer if I deny it? And how can I keep your motion alive if you don't need the court's assistance, you have the Governor?

Judge Lewis
                        Liman by Elizabeth Williams courtesy to Inner
                        City Press
Judge Lewis J. Liman by courtesy to Inner City Press

   Kaplan: We are committed to giving the plaintiffs as much notice as we get. We know it would be 30 days notice - but we can't give 90, there could be an order. Judge: What's your time to answer? Kaplan: August 30. But we could do a pre-motion conference letter

 Judge: When? Let's say August 2, four pages, single spaced. Will the plaintiff's respond? Plaintiffs' lawyer: A week later. August 9. Judge: I'll keep the motion on file for now. But depending on how long this goes, and what happens in the next month or 2...

Judge: I'll call another conference, depending.
Plaintiffs' lawyer: If the MTA changes the proposal, we reserve the right to amend.


More on X for Subscribers here & on Substack here

The case is Trucking Association of New York v. Metropolitan Transportation Authority, et al., 24-cv-4111 (Liman)


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