UNITED ST TES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CITIZENS UNION OF THE CITY OF
NEW
YORK, et al., Plaintiffs, -against-THE GOVERNOR OF THE STATE OF
NEW
YORK, in his official capacity, et al., Defendants. AMERICAN CIVIL LIBERTIES UNION FOUNDATION, INC., et al., Plaintiffs, -against-SETH H. AGA TA, in his official capacity as Executive Director
of
the Joint Commission on Public Ethics, et al., Defendants.
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No. 16-CV -9592 (RMB) (SN) No. 16-CV-9854 (RMB) (SN)
STIPUL TION ND
IPIU~P~iiliJ ;RDER
WHEREAS, plaintiffs Citizens Union
of
City
of
New
York and Citizens Union Foundation, Inc.
of
the City
ofNew
York in the above-captioned action no.
16
Civ. 9592, and plaintiffs American Civil Liberties Union Foundation, Inc.;
New
York Civil Liberties Union Foundation; and
New
York Civil Liberties Union in the above-captioned action no.
16
Civ. 9854 (collectively, Plaintiffs ) have filed these actions that seek,
inter alia
a preliminary and permanent injunction enjoining the enforcement
ofNew
York Executive
Law§§
172-e and 172-f (the Nonprofit Disclosure Provisions ) against multiple defendants, including the
Case 1:16-cv-09854-RMB Document 32 Filed 01/04/17 Page 1 of 3
Members and
Executive Director
ofthe
New
York State Joint
Commission
on
Public Ethics,
in
their official capacities (collectively, the
JCOPE
Defendants );
IT
IS
HEREBY
STIPULATED
AND
AGREED,
by
and
between
the undersigned counsel for the parties listed below, and
ORDERED
that: ( 1) The above-referenced actions are hereby voluntarily dismissed without prejudice as against the
JCOPE
Defendants. (2) The
JCOPE
Defendants shall
not
take any action to enforce,
or
direct the enforcement of, the Nonprofit Disclosure Provisions
in
any respect during the
pendency
of
these actions. (3)
The JCOPE
Defendants will be bound,
in
their official capacity,
by any Order
of
the
Court
in these actions enjoining, temporarily
or
permanently, any portion
of
.the Nonprofit Disclosure Provisions, as though they were a party to these actions, notwithstanding their dismissal from these actions. (4)
Any Order
of
the Court
in
these actions enjoining, temporarily
or
permanently, any portion
of
the Nonprofit Disclosure Provisions, shall reference this Stipulation and
Order and
expressly refer to the
JCOPE Defendants'
agreement to
be bound
by
such an
Order. (5) Plaintiffs waive
any
claims for costs and attorneys' fees
under
42 U.S.C. § 1988 against the
JCOPE
Defendants; provided, however,
that
Plaintiffs reserve
the
right to assert claims for costs and attorneys' fees against
the JCOPE
Defendants in
the
event
of
a breach
of
this Stipulation. Dated:
New
York,
New
York
January
A_
2017
GIBSON,
DUNN CRUTCHER
LLP
By
7 ~~
J{h A _._
Randy
M.
Mastr Akiva
Shapiro Gabriel K. Gillett
200 Park
A venue
New
York,
New
York
10166 (212) 351-4000 2
PATTERSON BELKNAP WEBB
TYLERLLP
William
F
Cavanaugh· · Stephanie Teplin Michael D. Schwartz 1133 Avenue
ofthe
Americas
New
York,
New
York
10036 (212) 336-2000
Case 1:16-cv-09854-RMB Document 32 Filed 01/04/17 Page 2 of 3