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Lighthouse Baptist Church Inc. v. Chemung County

Stipulated Preliminary Injunction Deemed 'Judgment' Under FRCP 54(d)(2) for Fee Request

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DECISION AND ORDER INTRODUCTION Plaintiffs Lighthouse Baptist Church, Inc. (“LBC”), Richard Hack, Matt Mayer, and Paul Glisson (collectively “Plaintiffs”) claim that Defendants Chemung County, Chemung County Health Department, Pete Buzzetti, Christopher Moss, and Mari Delaney (collectively “Defendants”) violated their First, Fifth, and Fourteenth Amendment rights by limiting LBC’s ability to conduct religious services during the COVID-19 pandemic. (Dkt. 1). On December 4, 2020, the Court entered a stipulated preliminary injunction (the “Stipulated Preliminary Injunction”) at the request of the parties. (Dkt. 9). Presently before the Court is Plaintiffs’ motion for attorneys’ fees. (Dkt. 11). Because Plaintiffs’ motion is untimely and they have failed to properly file a motion seeking an extension for excusable neglect (instead, simply raising in their reply memorandum of law the argument that the Court may extend the deadline), the Court denies Plaintiffs’ motion, although it does so without prejudice. Plaintiffs may file a subsequent fee application contemporaneously with a motion to extend the deadline within 45 days of the date of this Decision and Order. In the meantime, because further litigation will only increase the amount of fees that Plaintiffs seek, the Court directs the parties to select a mediator through the Court’s Alternative Dispute Resolution Program and conduct a mediation of this dispute within 30 days of the date of this Decision and Order. These deadlines may be extended upon mutual consent of the parties through a letter submission to the Court, if necessary. BACKGROUND Plaintiffs commenced the instant action on November 20, 2020, pursuant to 42 U.S.C. §1983, seeking declaratory relief and preliminary and final injunctions for alleged violations of rights guaranteed under the First, Fifth, and Fourteenth Amendments to the United States Constitution. (Dkt. 1). The alleged violations stem from Defendants’ attempts to ascertain and manage a suspected COVID-19 outbreak at LBC. (See Dkt. 1 at

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