Case 1:19-cv-00902-EAW Document 3 Filed 07/17/19 Page 1 of 2

UNITED STA TES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK

MICHAEL P. KEARNS, in his official capacity as

Clerk of the County of Erie, New York,

Plaintiff,

VS. Civil Case No. 19-CV-902-EA W

ANDREW M. CUOMO, in his official capacity as

Governor of the State of New York,
LETITIA A. JAMES, in her official capacity as
Attorney General of the State of New York, and
MARK J.F. SCHROEDER, in his official capacity as
Commissioner of the New York State Department of
Motor Vehicles,

Defendants.

NOTICE OF MOTION FOR A PRELIMINARY INJUNCTION

Nature of Action: Declaratory judgment and injunction.

Moving Party: Plaintiff.

Directed To: Defendants.

Date and Time: To be determined by the Court per Judge Walford's Local Rules.

Place: Kenneth B. Keating Federal Building, 100 State Street, Rochester,

New York 14614, before the Hon. Elizabeth A. Wolford.

Supporting Papers: Declaration of Michael P. Keams, dated July 17, 2019, with exhibits,
Declaration of Thomas J. Navarro, Jr., Esq., with exhibits, and
Memorandum of Law, dated July 17, 2019,.

Answering Papers: In the absence of a Court Order to the contrary, pursuant to Local
Rule 7(b )(2)(B) of the Local Rules of the District Court for the
Western District of New York, answering papers, if any, are to be
served fourteen (14) days after service of this motion and Plaintiff's
reply papers are to be served seven (7) days after service of any
 Case 1:19-cv-00902-EAW Document 3 Filed 07/17/19 Page 2 of 2

responding papers. Plaintiff intends to serve reply papers.

Relief Requested: An Order granting Plaintiff a preliminary injunction enjoining

Defendants' enforcement and implementation of New York's "Green
Light Law" during the pendency of this action, along with such other
and further relief as this Court deems just and proper.

Grounds for Relief: Fed. R. Civ. Pro. Rule 65, Local Rule 65(a), and case law.

Oral Argument: Requested.

Dated: July 17,2019

Buffalo, New York

MICHAEL A. SIRAGUSA, Erie County

Attorney and Attorney for Plaintiff Michael
P. Kearns in his official capacity as
Clerk of the County of Erie, New York

By: s/ Thomas J. Navarro Jr.

THOMAS J. NAVARRO, JR. ESQ.
Assistant County Attorney, of Counsel
95 Franklin Street, Suite 1635
Buffalo, NY 14202
(716) 858-2208
Email: thomas.navarro@erie.gov

TO: Andrew M. Cuomo, in his official capacity as Governor of the State of New York
NYS Capitol Building
Albany, New York 12224

Letitia A. James, in her official capacity as Attorney General of the State of New York
NYS Capitol Building
Albany, New York 12224

Mark J.F. Schroeder, in his official capacity as Commissioner of the

New York State Department of Motor Vehicles
6 Empire State Plaza
Albany, New York 12228