Case 1:16-cv-09854-RMB Document 32 Filed 01/04/17 Page 1 of 3

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

SDNY
DOCUMENT
ELECTRONICALLY FILED
0( lC #: _ _ _-:----:-;--!) .\TE

H L E 0:

__1_\_c._th-r._,___

CITIZENS UNION OF THE CITY OF NEW

YORK, et al.,
Plaintiffs,
No. 16-CV-9592 (RMB) (SN)

-againstTHE GOVERNOR OF THE STATE OF NEW

YORK, in his official capacity, et al.,
Defendants.

AMERICAN CIVIL LIBERTIES UNION

FOUNDATION, INC., et al.,
Plaintiffs,
-against-

No. 16-CV-9854 (RMB) (SN)

SETH H. AGATA, in his official capacity as

Executive Director of the Joint Commission on
Public Ethics, et al.,
Defendants.

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

Case 1:16-cv-09854-RMB Document 32 Filed 01/04/17 Page 2 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

PATTERSON BELKNAP WEBB &

TYLERLLP

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

Case 1:16-cv-09854-RMB Document 32 Filed 01/04/17 Page 3 of 3

Attorneysfor Plaint~ffs Citizens Union ofthe

City ofNew York and Citizens Union
Foundation. Inc. ofthe City of New York

Attorneys.for PlaintUfs American Civil

Liberties Union Foundation, Inc.; New York
Civil Liberties Union Foundation, and New
York Civil Liberties Union

MEMBERS and the EXECUTIVE

DIRECTOR OF THE JOINT COMMISSION
ON PUBLIC ETHICS, in t eir official

----

-~------~--- ..

Commission on Public Ethics

540 Broadway
Albany, New York 12207
(212) 480-6793

Attorneys for the JCOPE Defendants

SO ORDERED:

Hon. Richard M. Berman

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