Deide v. Day

• Court: District Court, S.D. New York
• Decided: June 16, 2025
• Docket: 7:23-cv-03954
• Status: Unknown

Opinion

New York Civil Liberties Union 125 Broad Street, 19th FI. New York, NY 10004 (212) 607-3300 wwwnyeluorg == ocument ACLU of New York ELECTRONICALLY FILED DOC #: DATE FILED: 6/16/2025 June 16, 2025

VIAECF Honorable Nelson S. Roman United States District Judge United States District Court, Southern District of New York The Honorable Charles L. Brieant Jr. Federal Building and United States Courthouse 300 Quarropas Street White Plains, New York 10601-4150 Re: Deide, et al. v. Day, et al., No. 23-cv-3954 (NSR/VR) Dear Judge Roman: We represent the plaintiffs in the above-referenced matter and write in response to the Court’s order, ECF 140, to respectfully withdraw the plaintiffs’ motion for attorney’s fees and costs, ECF 127, along with the materials submitted in support of that motion. As the Court is aware, the Supreme Court recently decided Lackey v. Stinnie, 145 S. Ct. 659 (2025), which holds that “[a] preliminary injunction... does not render a plaintiff a ‘prevailing party.’” /d. at 671. This holding likely abrogates Second Circuit precedent upon which the plaintiffs relied in their fees motion holding that plaintiffs who are awarded a preliminary injunction are prevailing parties. See ECF 128 at 6-7 (citing Haley v. Pataki, 106 F.3d 478, 483 (2d Cir. 1997)). The plaintiffs have determined that Lackey v. Stinnie governs the central issue in their motion for attorney’s fees, and therefore submit this letter to withdraw that motion in lieu of filing supplemental briefing in support of that motion. The plaintiffs have notified the defendants of their intent to withdraw the motion. We thank the Court for its consideration. Plaintiffs’ request to withdraw their motion for . attorney's fees and costs is GRANTED. The Clerk Respectfully submitted, Court is kindly directed to terminate the motion at ECF No. 127. 50 ORDERED: /s/ Ifevinwa Chikezie “° Se Dated: June 16, 2025 PO" □□ Ifeyinwa Chikezie White Plains. NY CL Amy Belsher he fans, NELSON S, ROMAN 125 Broad Street, 19th Floor United States District Judge

New York, N.Y. 10004 212-607-3300 ichikezie@nyclu.org

Counsel for the Plaintiffs