DiMartile v. Hochul, No. 21-2988 (2d Cir. 2023)
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Plaintiffs are two couples, both engaged to be married when they filed suit and a New York-based minister. Together, the individuals brought a constitutional challenge to state COVID-19 regulations that limited to fifty the number of attendees at social gatherings. After the expedited briefing, the district court granted Plaintiffs’ motion for a preliminary injunction just forty-five minutes before the start time of the first of the two scheduled weddings. The first of the couples married in their planned ceremony and held their wedding celebration involving over 100 guests. A Second Circuit judge issued a temporary administrative stay of the district court’s order. A separate panel later dismissed the appeal as moot and vacated the district court’s order after the second couple announced that, regardless of the outcome of the appeal, they no longer planned to hold a wedding. All five Plaintiffs then sought an award of attorney’s fees in the district court. The district court denied their motion.
The Second Circuit affirmed. The court explained that here, Plaintiffs managed to secure a preliminary injunction with just forty-five minutes to spare after an abbreviated briefing schedule. The court further wrote that their initial success was fleeting: Defendants succeeded in obtaining a stay of the injunction from the court within two weeks of its issuance, and the district court’s order was later vacated after Plaintiffs intentionally mooted their claims during the pendency of Defendants’ appeal. The preliminary injunction in this case does not support a determination that Plaintiffs are prevailing parties eligible for attorney’s fees under Section 1988.
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