Electronic case filing has been a fixture in the legal profession in this country for over two decades, saving litigants the time and expense of having to mail or hand-deliver their court pleadings. One absolutely crucial step, of course, is to make sure that the document you are filing with the court is the correct one, because once filed, whatever document you uploaded into the system will usually be automatically posted in the online public court docket.
Unfortunately for the attorneys at the Department of Justice who are working on the litigation regarding the Department of Transportation’s efforts to shut down the New York City Central Business District Tolling Program (“CBDTP”), someone seems to have badly flubbed this step and failed to double-check that the right document was being filed.
In February, Transportation Secretary Sean Duffy sent a letter to New York Gov. Kathy Hochul voicing President Donald Trump’s objections to the CBDTP, which imposes stiff tolls on drivers using highly trafficked Manhattan streets, with the funds going to upgrade public mass transit programs. The tolls began on January 5, charging most drivers $9 to take roads in Manhattan below 60th Street, where many popular tourist destinations like the Empire State Building and Times Square are located. New York’s Metropolitan Transportation Authority filed a legal challenge seeking to keep the CBDTP in place.
Wednesday evening, a new letter showed up as item number 65 in the MTA vs. Duffy court docket, titled “LETTER addressed to Judge Lewis J. Liman from Dominika Tarczynska dated April 23, 2025 re: Administrative Record & April 20, 2025 Secretary Duffy Letter.”
What was actually filed, however, was an 11-page letter from Assistant U.S. Attorneys Tarczynska, David Farber, and Christine S. Poscablo addressed to Erin Hendrixson, the senior trial attorney at DOT regarding the case.
In the letter, the DOJ attorneys spell out multiple fundamental weaknesses with the federal government’s case, stating that there was “considerable litigation risk in defending” Secretary Duffy’s actions against the CBDTP, it was “unlikely that Judge Liman or further courts of review will accept the [federal government’s] argument that the CBDTP was not a statutorily authorized ‘value pricing’ pilot under the Value Pricing Pilot Program,” and “neither” of the DOT’s main defenses were “likely to convince the Court.”
Court watchers quickly pounced Wednesday evening after realizing what the DOJ had filed, mocking both the document mixup and the admissions that the federal government’s case was fundamentally flawed.
Sounds as though the Department of Justice is outsourcing their legal work to Three Stooges Law Offices PA!
