U~ll('
SDNY
DOCUMENT
ELECTRONICALLY FILED
0( lC #: _ _ _-:----:-;--!) .\TE
H L E 0:
__1_\_c._th-r._,___
STIPULATION AND
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
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)
(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)
(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.
By
71~~ J{h,A,_._
William F. Cavanaugh
Stephanie Teplin
Michael D. Schwartz
1133 Avenue ofthe Americas
New York, New York 10036
(212) 336-2000
Randy M. Mastr
Akiva Shapiro
Gabriel K. Gillett
200 Park A venue
New York, New York 10166
(212) 351-4000
----
-~------~--- ..
SO ORDERED:
1{v{t1