Today marks the two-week anniversary of my latest lawsuit, requesting the federal courts to shut down the NYPD’s plans to scan New Yorkers as they walk down the streets for guns without suspicion at all. The city was simultaneously served the complaint as well as a motion for a temporary restraining order and preliminary injunction*. By local rule, their opposition, if any, is due by midnight tonight. So far, crickets chirp when opening the docket.
What does this mean? Likely the city asking for an extension shortly, which would probably be granted, but may not be: motions for temporary restarining order can be granted ex parte, so technically the judge needn’t have waited for a reply at all. I’ve e-mailed the city’s attorneys in hopes that the new e-mail sound effect on their inbox will wake them from their slumber. It’s nice to see that the city takes this matter as seriously as it does the civil liberties of its citizens.
* What’s the difference between a temporary restraining order and a preliminary injunction, you say? In the federal courts, a temporary restraining order is a short-term injunction that a judge can act on immediately, without waiting for the other party to respond, lasting only until a motion for preliminary injunction can be heard. A preliminary injunction, on the other hand, requires motion practice including time for oppositions and replies, but this type of injunction can last until the merits of the case are decided — potentially for years.