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Lighthouse Baptist Church Inc. v. Chemung County

Lawsuit Stemming From County's Actions Against Church During Pandemic Survives

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DECISION AND ORDER INTRODUCTION Plaintiffs Lighthouse Baptist Church, Inc. (“LBC”), Richard Hack, Matt Mayer, and Paul Glisson (collectively “Plaintiffs”) commenced this lawsuit arising from their claim that Defendants Chemung County, Chemung County Health Department, Pete Buzzetti, Christopher Moss, and Mari Delaney (collectively “Defendants”) violated Plaintiffs’ constitutional rights by limiting LBC’s ability to conduct religious services during the COVID-19 pandemic. (Dkt. 1). Presently before the Court is Defendants’ motion for permission to file a late responsive pleading and motion to dismiss (Dkt. 19), Plaintiffs’ motion for an extension of time to file their renewed application for attorneys’ fees and costs (Dkt. 21), and Plaintiffs’ motion to amend their complaint a second time (Dkt. 31). For the reasons set forth below, Defendants’ motion for permission to file a late responsive pleading is granted but their motion to dismiss is denied, Plaintiffs’ motion to amend their complaint is granted, and Plaintiffs’ motion for an extension of time to file their renewed application for attorneys’ fees and costs is granted but the application is denied without prejudice. BACKGROUND Plaintiffs commenced the instant action on November 20, 2020, pursuant to 42 U.S.C. §1983, seeking declaratory relief and preliminary and final injunctions for alleged violations of their constitutional rights. (Dkt. 1). The alleged violations stem from Defendants’ attempts to ascertain and manage a suspected COVID-19 outbreak at LBC in September of 2020. (See Dkt. 1 at

14-89; Dkt. 23 at 22-24). Particularly, Plaintiffs challenge a notice of closure that the Chemung County Health Department posted on LBC’s door on September 8, 2020, prohibiting LBC from holding services. (Dkt. 1 at

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