Batalla Vidal, et al. v. Nielsen, et al.
Batalla Vidal, Eliana Fernandez, Carolina Fung Feng, Mariano Mondragon, Carlos Vargas, Antonio Alarcon, Martin Jonathan Batalla Vidal, Make the Road New York, Johana Larios Sainz, Ximena Zamora, Sonia Molina and M.B.F. |
Baran, Kathy A. Baran, Kelvin Medlock, Jefferson B. Sessions, Donald W. Neufeld, Donald J. Trump, Leon Rodriguez, Susan M. Curda, Kirstjen M. Nielsen, Department of Homeland Security (DHS), Chad F. Wolf, Joseph Edlow and U.S. Citizenship and Immigration Services (USCIS) |
The Legal Aid Society of San Mateo County (LASSMC), Service Employees International Union, African Services Committee, New York Legal Assistance Group (NYLAG), Vassar College, Massachusetts Law Reform Institute (MLRI), Alianza Americas, Asian Americans Advancing Justice-Asian Law Caucus, Barnard College, Asian American Bar Association of New York, United Farm Workers of America, City of Los Angeles, Colgate University, Hispanic Federation, Inc., Harvard University, Government of the United Mexican States, Duke University, Albuquerque Insight Meditation Center et al, Mount Holyoke College, Cornell University, Bucknell University, CUNY DREAMers, Legal Services for Children (LSC), Dolores Street Community Services, Volunteers of Legal Service, Emerson College, The Hispanic Association of Colleges and Universities, International Union of Painters and Allied Trades, Los Angeles Community College District, College Confident, Northeastern University, University of Pennsylvania, American Federation of State, County and Municipal Employees, Northwest Immigrant Rights Project, The Hispanic National Bar Association, LatinoJustice PRLDEF, Inc., Asian Americans Advancing Justice, National Justice for Our Neighbors, Vanderbilt University, The Door, New York University, ASPIRA, Centro Legal de la Raza, HawaiiKidsCAN, Virginia Excels, Communications Workers of America, Dream Action Coalition, Children's Law Center of Massachusetts (CLCM), Bowdoin College, Case Western University, Georgetown University, Amherst College, Yale University, New York State Youth Leadership Council, the Anti-Defamation League, Canal Alliance, Pace University, Community Legal Services in East Palo Alto (CLSEPA), Brandeis University, University of Maryland-College Park, Massachusetts Institute of Technology, The Legal Aid Society, California Institute of Technology, RU Dreamers, Asian Law Alliance, Boston University, Just Neighbors, Council on American-Islamic Relations, Lawyers' Committee for Civil Rights Under Law, Fred T. Korematsu Center for Law and Equality, NewMexicoKidsCAN, San Mateo Community College District, Stanford University, Wendy M Star, Northwestern University, Former Federal Immigration and Homeland Security Officials, The Immigrant and Non-Citizen Rights Clinic at the CUNY School of Law, Northern Manhattan Improvement Corporation, Presente.org, Washington University in St. Louis, Tufts University, University of Chicago, TODEC Legal Center, Columbia University, Emory University, Dartmouth College, National League of Cities, Immigrant Justice Corps, DelawareCAN: The Delaware Campaign for Achievement Now, Immigrant Legal Resource Center (ILRC), South Bronx United, 27 Additional Cities and Counties, Services, Immigrant Rights, and Education Network (SIREN), OneJustice, League of United Latin American Citizens, Heartland Alliance's National Immigrant Justice Center (NIJC), UnLocal, George Washington University, 114 U.S. - Based Companies, Arab America Institute, UnidosUS, Current and Former Law Enforcement Leaders, Middlebury College, Partnership for Educational Justice, Rocky Mountain Immigrant Advocacy Network (RMIAN), United We Dream, Colby College, Rice University, Wellesley College, United States Conference of Mayors (USCM), Brooklyn Defender Services, Brown University, Los Rios Community College District, MinKwon Center for Community Action, Safe Horizon, Sosa Law, The Asian American Legal Defense and Education Fund, Legal Aid Justice Center (LAJC), Hebrew Immigrant Aid Society (HIAS) Pennsylvania, East Bay Sanctuary Covenant, Williams College, Justice Center of Southeast Massachusetts, Empire Justice Center, Carnegie Mellon University, Morton Rosenberg, County of Los Angeles and Constitutional Accountability Center |
1:2016cv04756 |
August 25, 2016 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Nicholas G Garaufis |
James Orenstein |
Vera M Scanlon |
Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
05 U.S.C. § 551 Administrative Procedure Act |
None |
Docket Report
This docket was last retrieved on August 29, 2023. A more recent docket listing may be available from PACER.
Document Text |
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ORDER granting #395 Motion to Withdraw as Attorney. Attorney Joseph Anthony Marutollo terminated as counsel of record for Defendants. Ordered by Magistrate Judge Vera M. Scanlon on 8/29/2023. (MG) |
Filing 395 MOTION to Withdraw as Attorney by Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). (Attachments: #1 Affidavit) (Marutollo, Joseph) |
ORDER granting #389 Motion to Withdraw as Attorney. Attorney Jessica Hanson terminated. Ordered by Magistrate Judge Vera M. Scanlon on 5/3/2023. (JR) |
Filing 394 NOTICE of Appearance by Chiraayu Gosrani on behalf of All Plaintiffs (aty to be noticed) (Gosrani, Chiraayu) |
Filing 393 NOTICE of Appearance by Joshua T. Stehlik on behalf of All Plaintiffs (notification declined or already on case) (Stehlik, Joshua) |
ORDER granting #390 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 3/1/2023. (MG) |
ORDER granting #391 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 3/1/2023. (MG) |
ORDER granting #392 Motion to Withdraw as Attorney. Attorney Araceli Martinez-Olguin is terminated. Ordered by Magistrate Judge Vera M. Scanlon on 3/1/2023. (JR) |
Filing 392 MOTION to Withdraw as Attorney by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Sonia Molina, Carlos Vargas, Ximena Zamora. (Attachments: #1 Proposed Order) (Martinez-Olguin, Araceli) |
Filing 391 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16399224. by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Carlos Vargas, Ximena Zamora. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Gosrani, Chiraayu) |
Filing 390 MOTION to Appear Pro Hac Vice Joshua T. Stehlik Filing fee $ 150, receipt number ANYEDC-16375580. by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Mariano Mondragon, Carlos Vargas, Ximena Zamora. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Stehlik, Joshua) |
Filing 389 MOTION to Withdraw as Attorney Jessica Hanson by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Mariano Mondragon, Carlos Vargas, Ximena Zamora. (Attachments: #1 Proposed Order) (Hanson, Jessica) |
Filing 388 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on July 7, 2022, before Judge Nicholas G. Garaufis. Court Reporter/Transcriber Linda D. Danelczyk, Telephone number 718-613-2330. Email address: LindaDan226@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 12/22/2022. Redacted Transcript Deadline set for 1/2/2023. Release of Transcript Restriction set for 3/1/2023. (Danelczyk, Linda) |
Filing 387 MEMORANDUM & ORDER, Plaintiffs ask this court to modify its previous remedial order to clarify (indeed, direct) what the government can and cannot do in light of a Texas district judges recent order suspending much of the policy. Because Plaintiffs seek relief that sweeps well beyond the purpose of this court's prior injunction, their #385 motion is DENIED. So Ordered by Judge Nicholas G. Garaufis on 8/3/2022. (Lee, Tiffeny) |
ORDER granting #386 Motion to Withdraw as Attorney. Attorney Marisol Orihuela terminated. Ordered by Magistrate Judge Vera M. Scanlon on 7/12/2022. (Lozar, Ryan) |
Filing 386 MOTION to Withdraw as Attorney Marisol Orihuela by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Carlos Vargas, Ximena Zamora. (Attachments: #1 Declaration, #2 Proposed Order) (Orihuela, Marisol) |
Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Oral argument held on July 7, 2022. Counsel for the Plaintiffs and for Defendants present. Counsel for State Plaintiffs in related case, State of New York, et al. v. Biden et al., present. Counsel argued the pending #385 motion before the court. Decision is reserved. (Court Reporter Linda D. Danelczyk) (Nees, Ryan) |
Filing 385 Notice of MOTION to Alter Judgment (Motion for Modification) by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Carlos Vargas, Ximena Zamora. (Attachments: #1 Memorandum in Support of Batalla Vidal Plaintiffs' Motion for Modification, #2 Declaration of Muneer Ahmad, #3 Exhibit A-C to Declaration of Muneer Ahmad, #4 Memorandum in Support of Batalla Vidal Plaintiffs' Motion for Modification by New York Plaintiffs, #5 Memorandum in Opposition to Batalla Vidal Plaintiffs' Motion for Modification, #6 Exhibit A to Defendants' Memorandum in Opposition, #7 Exhibit B to Defendants' Memorandum in Opposition, #8 Batalla Vidal Plaintiffs' Reply to Defendants' Memorandum in Opposition) (Ahmad, Muneer) |
Filing 384 ORDER re #383 proposed timeline should Plaintiffs file a fifth amended complaint. Defendants propose that their obligation to answer or otherwise respond to the fifth amended complaint be stayed until 21 days after the Court's order on Plaintiffs' motion to clarify. So Ordered by Judge Nicholas G. Garaufis on 4/26/2022. (Lee, Tiffeny) |
Filing 383 Proposed Scheduling Order for Defendants' response to Plaintiffs' forthcoming fifth amended complaint by Department of Homeland Security (DHS) (Early, Cormac) |
Plaintiffs' #382 Motion for Leave to File is GRANTED. Law students Aaron Bryce Lee, Daniel Ocampo, Aasha Shaik, and Kevin Cheng are authorized to appear under the supervision of attorneys Muneer I. Ahmad and Michael Wishnie. Ordered by Judge Nicholas G. Garaufis on 4/22/2022. (Nees, Ryan) |
Filing 382 MOTION for Leave to File Document Law Student Intern Appearances by Antonio Alarcon, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Mariano Mondragon, Carlos Vargas, Ximena Zamora. (Attachments: #1 Exhibit Law Student Intern Appearance Form for Aaron Bryce Lee, #2 Exhibit Law Student Intern Appearance Form for Daniel Ocampo, #3 Exhibit Law Student Intern Appearance Form for Aasha Shaik, #4 Exhibit Law Student Intern Appearance Form for Kevin Cheng, #5 Memorandum in Support of 1L Law Student Intern Appearance Form) (Ahmad, Muneer) |
Filing 381 ORDER, The parties have conferred and propose that the New York plaintiffs (17-cv-5228) file a submission regarding the Batalla Vidal plaintiffs' forthcoming motion by May 20, 2022. Application granted. So Ordered by Judge Nicholas G. Garaufis on 4/11/2022. (Lee, Tiffeny) |
Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Pre-motion conference held on April 4, 2022. Counsel for all parties present. The court granted leave for Plaintiffs to amend the complaint and set a briefing schedule for amending the complaint and/or moving to clarify as follows: Plaintiff's amendment and/or motion due by April 25, 2022; Defendants' opposition due by May 27, 2022; and Defendants' reply due by June 6, 2022. Defendants are DIRECTED to submit to the court a proposed timeline for which their obligation to answer an amended complaint, if any, would be stayed. The court granted the New York plaintiffs leave to submit a response to Plaintiffs' motion on a schedule to be proposed by the parties. (Court Reporter Anthony Frisolone) (Nees, Ryan) |
Filing 380 NOTICE of Appearance by Jessica Young on behalf of All Plaintiffs (aty to be noticed) (Young, Jessica) |
ORDER: The application of New York plaintiffs in State of New York, et al. v. Biden et al., to join the April 4, 2022, pre-motion conference in Batalla Vidal, et al. v. Mayorkas, et al., is GRANTED. Ordered by Judge Nicholas G. Garaufis on 4/1/2022. (Nees, Ryan) |
Filing 379 Letter in Response to #375 Plaintiffs' Letter Request for a Pre-Motion Conference by Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) (Pezzi, Stephen) |
Filing 378 NOTICE of Appearance by Cormac Early on behalf of All Defendants (aty to be noticed) (Early, Cormac) |
Filing 377 NOTICE of Appearance by Jessica Hanson on behalf of All Plaintiffs (aty to be noticed) (Hanson, Jessica) |
ORDER: Plaintiffs' #375 application for a pre-motion conference is GRANTED. The parties are DIRECTED to confer and to contact the court's Deputy at Joseph_Reccoppa@nyed.uscourts.gov to schedule the pre-motion conference. Ordered by Judge Nicholas G. Garaufis on 3/25/2022. (Nees, Ryan) |
ORDER granting #376 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 3/25/2022. (Quinlan, Krista) |
Filing 376 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15405544. by Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, M.B.F., Make the Road New York, Sonia Molina, Carlos Vargas, Ximena Zamora. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Hanson, Jessica) |
Filing 375 Letter MOTION for pre motion conference by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Carlos Vargas, Ximena Zamora. (Ahmad, Muneer) |
ORDER granting #374 Motion to Withdraw as Attorney. Attorney Christopher D. Dodge terminated. Ordered by Magistrate Judge Vera M. Scanlon on 3/17/2022. (Quinlan, Krista) |
Filing 374 MOTION to Withdraw as Attorney by Kathy A. Baran, Susan M. Curda, Department of Homeland Security (DHS), Joseph Edlow, Kelvin Medlock, Donald W. Neufeld, Kirstjen M. Nielsen, Leon Rodriguez, Jefferson B. Sessions, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf. (Attachments: #1 Declaration of Christopher D. Dodge, #2 Proposed Order) (Dodge, Christopher) |
ORDER granting #373 Motion to Withdraw as Attorney. Attorney Mayra B. Joachin terminated. Ordered by Magistrate Judge Vera M. Scanlon on 3/4/2022. (Quinlan, Krista) |
Filing 373 MOTION to Withdraw as Attorney on Behalf of Mayra B. Joachin by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, M.B.F., Make the Road New York, Sonia Molina, Carlos Vargas, Ximena Zamora. (Attachments: #1 Proposed Order) (Joachin, Mayra) |
Filing 372 NOTICE by Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) (Attachments: #1 Declaration of Tracy L. Renaud) (Westmoreland, Rachael) |
Filing 371 NOTICE by Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) (Westmoreland, Rachael) |
Filing 370 NOTICE by Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) (Attachments: #1 Texas II - Website Notice) (Pezzi, Stephen) |
Filing 369 NOTICE by Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) (Attachments: #1 Ex. 1 - Texas II - Opinion, #2 Ex. 2 - Texas II - Injunction) (Pezzi, Stephen) |
ORDER granting #368 Motion to Withdraw as Attorney. Attorney Margaret Carter terminated. Ordered by Magistrate Judge Vera M. Scanlon on 5/17/2021. (Quinlan, Krista). |
Filing 368 Notice of MOTION to Withdraw as Attorney for Margaret L. Carter by County of Los Angeles. (Attachments: #1 Declaration of Daniel J. Suvor in Support of Motion for Withdrawal of Counsel of Margaret L. Carter, #2 Proposed Order for Withdrawal of Counsel of Margaret L. Carter) (Suvor, Daniel) |
Incorrect Case/Entry Information re Notice of Filing of Official Transcript of Proceedings held on 1/19/2021, before Judge Edward R. Korman. The transcript filed on 3/8/2021 and assigned Document # 368 was entered on the incorrect docket and has been removed. (Lee, Tiffeny) |
Filing 367 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/10/2020, before Judge Nicholas G. Garaufis. Court Reporter/Transcriber Andronikh M. Barna, Telephone number 718-613-2178. Email address: ambarna.crr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/29/2021. Redacted Transcript Deadline set for 4/8/2021. Release of Transcript Restriction set for 6/7/2021. (Barna, Andronikh) |
Filing 366 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 20, 2020, before Judge Nicholas G. Garaufis. Court Reporter/Transcriber David R Roy, Telephone number (718) 613-2609. Email address: drroyofcr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/5/2021. Redacted Transcript Deadline set for 3/15/2021. Release of Transcript Restriction set for 5/13/2021. (Roy, David) |
Filing 365 NOTICE by Department of Homeland Security (DHS), Joseph Edlow, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf (Attachments: #1 Ex. 1 - Jan. 20, 2021 Memorandum from President Joseph R. Biden, Jr.) (Pezzi, Stephen) |
Filing 364 NOTICE by Department of Homeland Security (DHS), Joseph Edlow, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf (Attachments: #1 Ex. 1 - FVRA Forms) (Pezzi, Stephen) |
Filing 363 NOTICE by Department of Homeland Security (DHS), Joseph Edlow, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf (Attachments: #1 Ex. 1 - Jan. 2021 Ratification, #2 Ex. 2 - Jan. 2021 Order of Succession, #3 Ex. 3 - Jan. 2021 Delegation) (Pezzi, Stephen) |
Filing 362 Letter Regarding Individualized Notices by Department of Homeland Security (DHS), Joseph Edlow, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf (Pezzi, Stephen) |
Filing 361 STATUS REPORT Pursuant to the Court's Dec. 4, 2020 Order by Department of Homeland Security (DHS), Joseph Edlow, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf (Attachments: #1 Exhibits) (Pezzi, Stephen) |
ORDER granting #360 Motion to Withdraw as Attorney. Attorney Trudy Sumiko Rebert terminated. Ordered by Magistrate Judge Vera M. Scanlon on 12/21/2020. (Quinlan, Krista) |
Filing 360 MOTION to Withdraw as Attorney by Trudy S. Rebert by Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Carlos Vargas, Ximena Zamora. (Attachments: #1 Proposed Order) (Rebert, Trudy) |
Filing 359 ORDER, The court held a status conference on December 10, 2020 to consider outstanding issues addressed by the parties in their Joint Status Report (Dkt. 357). Having considered the positions of the parties, the court ordered the following. (See Order) So Ordered by Judge Nicholas G. Garaufis on 12/10/2020. (Lee, Tiffeny) |
Filing 358 Letter re: Notice on Agency Websites Pursuant to the Court's Dec. 9, 2020 Order by Department of Homeland Security (DHS), Joseph Edlow, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf (Pezzi, Stephen) |
Filing 357 STATUS REPORT (Joint) by Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) (Attachments: #1 Ex. 1 - Meet and Confer Email Chain) (Pezzi, Stephen) |
Filing 356 ORDER, Defendants are DIRECTED to replace the current notices with the following amended notice language by 5:00 pm on December 9, 2020. (See Order) So Ordered by Judge Nicholas G. Garaufis on 12/9/2020. (Lee, Tiffeny) |
Filing 355 Letter re: Notice on Agency Websites Pursuant to the Court's Dec. 4, 2020 Order by Department of Homeland Security (DHS), Joseph Edlow, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf (Pezzi, Stephen) |
Filing 354 MEMORANDUM & ORDER granting #347 Motion for Partial Summary Judgment and directing further relief. So Ordered by Judge Nicholas G. Garaufis on 12/4/2020. (Lee, Tiffeny) |
Filing 353 Letter with Further Update Regarding the Status of the Parties' Discussions by Department of Homeland Security (DHS), Joseph Edlow, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf (Attachments: #1 Ex. 1 - Meet and Confer Email Chain) (Pezzi, Stephen) |
Filing 352 REPLY in Support re #347 MOTION for Partial Summary Judgment AND UPDATE ON STATUS OF DISCUSSIONS BETWEEN THE PARTIES filed by All Plaintiffs. (Rebert, Trudy) |
Plaintiffs' motion for leave to file a reply is GRANTED. Plaintiffs are DIRECTED to file their reply and to update the court on the status of discussions with the Government by Friday, December 4, 2020 at 12:00 pm. Ordered by Judge Nicholas G. Garaufis on 12/3/2020. (Lazarus, Benjamin) |
Filing 351 MOTION for Leave to File Document Plaintiffs' joint letter seeking leave to file a reply ISO their Mot. for Partial Summ. J. by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Carlos Vargas, Ximena Zamora. (Attachments: #1 Exhibit Exhibit 1) (Martinez-Olguin, Araceli) |
Filing 350 RESPONSE to Motion re #347 MOTION for Partial Summary Judgment filed by Department of Homeland Security (DHS), Joseph Edlow, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf. (Attachments: #1 Ex. 1 - Edlow Declaration) (Pezzi, Stephen) |
Filing 349 MEMORANDUM in Support re #347 MOTION for Partial Summary Judgment filed by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Carlos Vargas, Ximena Zamora. (Martinez-Olguin, Araceli) |
Filing 348 DECLARATION re #347 MOTION for Partial Summary Judgment by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Carlos Vargas, Ximena Zamora (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Martinez-Olguin, Araceli) |
Filing 347 MOTION for Partial Summary Judgment by Antonio Alarcon, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Carlos Vargas, Ximena Zamora. (Attachments: #1 Proposed Order) (Martinez-Olguin, Araceli) |
Filing 346 ORDER granting #344 Motion for leave to forego compliance with Local Rule 56.1 in connection with their forthcoming motion for partial summary judgment. So Ordered by Judge Nicholas G. Garaufis on 11/23/2020. (Lee, Tiffeny) |
Filing 345 NOTICE of Appearance by Vanessa Laura Dell on behalf of Martin Jonathan Batalla Vidal (aty to be noticed) (Dell, Vanessa) |
Filing 344 MOTION for Leave to File Document Plaintiffs' joint letter requesting leave to forego compliance with Local Rule 56.1 in connection with their forthcoming motion for partial summary judgment by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Carlos Vargas, Ximena Zamora. (Martinez-Olguin, Araceli) |
Minute Entry for proceedings held before Judge Nicholas G. Garaufis: On November 18, 2020, the court held a status conference via videoconference. Counsel for all parties present. The court GRANTED the #343 motion for law student appearances. The court ORDERED a briefing schedule as follows: Plaintiffs shall file their motions by Tuesday, November 24, 2020. The Government shall file its opposition by Tuesday, December 1, 2020. The Government's obligation to respond to Plaintiffs' complaints is STAYED pending resolution of motion practice. (Court Reporter Michelle Lucchese.) (Lazarus, Benjamin) |
Filing 343 MOTION for Leave to File Document Law Student Intern Appearances by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Carlos Vargas, Ximena Zamora. (Attachments: #1 Law Student Intern Appearance Form of Armando Ghinaglia, #2 Law Student Intern Appearance Form of Ramis Wadood, #3 Law Student Intern Appearance Form of Maria Camila Bustos, #4 Law Student Intern Appearance Form of Angie Liao, #5 Law Student Intern Appearance Form of Medha Swaminathan, #6 Law Student Intern Appearance Form of Edgar A. Melgar) (Ahmad, Muneer) |
Filing 342 MEMORANDUM & ORDER: For the foregoing reasons, Plaintiffs' motion for summary judgment, insofar as it alleges that Defendant Mr. Wolf was not lawfully serving as Acting Secretary of Homeland Security under the HSA when he issued the Wolf Memorandum, is GRANTED and the Government's cross-motion is DENIED. Plaintiffs' motion for class certification in the Batalla Vidal matter is GRANTED. The parties are DIRECTED to immediately contact the court's Deputy to schedule a conference to advise of any forthcoming motions for relief in light of the court's decision. Ordered by Judge Nicholas G. Garaufis on 11/14/2020. (Marziliano, August) |
Filing 341 Letter by Department of Homeland Security (DHS), Joseph Edlow, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf (Pezzi, Stephen) |
Case Reassigned to Magistrate Judge Vera M. Scanlon. Magistrate Judge James Orenstein no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) |
Filing 340 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 08/13/2020, before Judge GARAUFIS. Court Reporter/Transcriber rivka teich, Telephone number 7186132268. Email address: rivkateich@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/9/2020. Redacted Transcript Deadline set for 11/19/2020. Release of Transcript Restriction set for 1/18/2021. (Teich, Rivka) |
ORDER: Oral argument, currently scheduled for October 21, 2020, is ADJOURNED sine die. The court will advise the parties whether oral argument is needed after examination of the motion papers submitted. Ordered by Judge Nicholas G. Garaufis on 10/19/2020. (Lazarus, Benjamin) |
Filing 339 NOTICE by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Carlos Vargas, Ximena Zamora re #310 MOTION for Partial Summary Judgment of Supplemental Authority (Orihuela, Marisol) |
Filing 338 NOTICE of Appearance by Christopher D. Dodge on behalf of All Defendants (aty to be noticed) (Dodge, Christopher) |
Filing 337 NOTICE by Department of Homeland Security (DHS), Joseph Edlow, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf (Attachments: #1 Ex. 1 - Second Wolf Ratification) (Pezzi, Stephen) |
Filing 336 RULE 56.1 STATEMENT (Defendants' Responses to the Batalla Vidal Plaintiffs' Supplemental Statement of Undisputed Facts, ECF No. 330-1) filed by Department of Homeland Security (DHS), Joseph Edlow, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf. (Pezzi, Stephen) |
Filing 335 REPLY in Support re #322 MOTION for Summary Judgment (Partial) filed by Department of Homeland Security (DHS), Joseph Edlow, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf. (Pezzi, Stephen) |
Filing 334 ORDER granting #333 Motion for Leave to File Excess Pages: Defendants respectfully request that they be permitted to file one combined summary-judgment reply brief, not to exceed 25 pages. Ordered by Judge Nicholas G. Garaufis on 10/5/2020. (Brown, Marc) |
Filing 333 Letter MOTION for Leave to File Excess Pages (Unopposed) by Department of Homeland Security (DHS), Joseph Edlow, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf. (Pezzi, Stephen) |
Filing 332 REPLY in Support re #331 Reply in Support, CORRECTED BRIEF filed by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Carlos Vargas, Ximena Zamora. (Rebert, Trudy) |
Filing 331 REPLY in Support re #309 Second MOTION to Certify Class filed by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Carlos Vargas, Ximena Zamora. (Attachments: #1 Supplemental Declaration of Trudy S. Rebert, #2 Exhibit N-O) (Rebert, Trudy) |
Filing 330 REPLY in Support re #310 MOTION for Partial Summary Judgment and Opposition to Defendants' Cross-Motion for Partial Summary Judgment filed by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Carlos Vargas, Ximena Zamora. (Attachments: #1 Plaintiffs' Supplemental Statement of Undisputed Material Facts) (Ahmad, Muneer) |
Filing 329 NOTICE by Department of Homeland Security (DHS), Joseph Edlow, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf of Filing of Revised Privilege Log (Attachments: #1 Exhibit 1) (Thorp, Galen) |
ORDER: Plaintiffs' #328 request for an extension of time until September 30, 2020 and for leave to file a reply of 35 pages is GRANTED. Accordingly, Defendant's brief will be due on October 7, 2020. Oral argument will be held after briefing is complete, on a date to be determined. The parties are DIRECTED to contact the court's deputy at Joseph_Reccoppa@nyed.uscourts.gov to schedule. Ordered by Judge Nicholas G. Garaufis on 9/23/2020. (Lazarus, Benjamin) |
Filing 328 MOTION for Extension of Time to File Response/Reply IN SUPPORT OF PARTIAL SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS CROSS-MOTION, MOTION for Leave to File Excess Pages by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Carlos Vargas, Ximena Zamora. (Orihuela, Marisol) |
Filing 327 NOTICE by Department of Homeland Security (DHS), Joseph Edlow, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf (Attachments: #1 Ex. 1 - Wolf Ratification (Sept. 17, 2020)) (Pezzi, Stephen) |
Filing 326 MEMORANDUM in Opposition re #309 Second MOTION to Certify Class filed by All Defendants. (Marutollo, Joseph) |
Filing 325 STATUS REPORT (Joint Status Report Regarding Administrative Record) by Department of Homeland Security (DHS), Joseph Edlow, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf (Pezzi, Stephen) |
Filing 324 RULE 56.1 STATEMENT re #322 MOTION for Summary Judgment (Partial) - Responses to Plaintiffs' Local Civil Rule 56.1 Statement and Defendants' Statement of Undisputed Facts filed by Department of Homeland Security (DHS), Joseph Edlow, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf. (Attachments: #1 Defs.' Summary Judgment Exhibits) (Pezzi, Stephen) |
Filing 323 MEMORANDUM in Support re #322 MOTION for Summary Judgment (Partial) filed by Department of Homeland Security (DHS), Joseph Edlow, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf. (Pezzi, Stephen) |
Filing 322 MOTION for Summary Judgment (Partial) by Department of Homeland Security (DHS), Joseph Edlow, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf. (Pezzi, Stephen) |
Filing 321 NOTICE of Appearance by Daniel Suvor on behalf of County of Los Angeles (notification declined or already on case) (Suvor, Daniel) |
Filing 320 NOTICE of Appearance by Margaret Carter on behalf of County of Los Angeles (notification declined or already on case) (Carter, Margaret) |
Filing 319 NOTICE by Department of Homeland Security (DHS), Joseph Edlow, Donald J. Trump, U.S. Citizenship and Immigration Services (USCIS), Chad F. Wolf of Filing of Administrative Record (Attachments: #1 Certification of Administrative Record, #2 Administrative Record Nos. 1-8, #3 Administrative Record Nos. 9-10, #4 Administrative Record Nos. 11-22, #5 Administrative Record No. 23 (part 1), #6 Administrative Record No. 23 (part 2), #7 Administrative Record No. 23 (part 3), #8 Administrative Record No. 24, #9 Administrative Record Nos. 25-49, #10 Administrative Record Nos. 50-100) (Thorp, Galen) |
Filing 318 Letter MOTION for Leave to File Document the Brief of Amici Curiae 55 Local Governments and the U.S. Conference of Mayors in Support of Plaintiffs' Motions for Partial Summary Judgment by County of Los Angeles. (Attachments: #1 Brief of Amici Curiae 55 Local Governments and the U.S. Conference of Mayors in Support of Plaintiffs' Motions for Partial Summary Judgment) (Carter, Margaret) |
ORDER: #318 Request of local governments and the U.S. Conference of Mayors for leave to file an amicus brief is GRANTED. Ordered by Judge Nicholas G. Garaufis on 9/4/2020. (Lazarus, Benjamin) |
ORDER: #317 Request of Morton Rosenberg for leave to file an amicus brief is GRANTED. Ordered by Judge Nicholas G. Garaufis on 9/4/2020. (Lazarus, Benjamin) |
ORDER: #315 Request of Constitutional Accountability Center for leave to file an amicus brief is GRANTED. Ordered by Judge Nicholas G. Garaufis on 9/4/2020. (Lazarus, Benjamin) |
ORDER granting #316 Motion for Leave to Appear Pro Hac Vice -- Attorney Mark S. Davies, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 10, 2020, Mr. Davies shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Davies shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Davies shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/3/2020. (Gutmann, Joseph) |
Filing 317 Letter MOTION for Leave to File Document (Proposed Amicus Brief of Morton Rosenberg) by Morton Rosenberg. (Attachments: #1 Proposed Amicus Brief of Morton Rosenberg) (Bhatti, Upnit) |
Filing 316 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13306647. by Morton Rosenberg. (Attachments: #1 Declaration of Mark S. Davies, #2 Certificate of Good Standing - DC) (Davies, Mark) |
Filing 315 Consent MOTION for Leave to File Document Amicus Brief by Constitutional Accountability Center. (Attachments: #1 Proposed Brief of Amicus Curiae) (Gans, David) |
Filing 314 EXHIBIT S-LL (CORRECTED) by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Carlos Vargas, Ximena Zamora. Related document: #310 MOTION for Partial Summary Judgment filed by Sonia Molina, Carlos Vargas, Martin Jonathan Batalla Vidal, Ximena Zamora, Make the Road New York, M.B.F., Antonio Alarcon, Eliana Fernandez, Carolina Fung Feng, Johana Larios Sainz. (Orihuela, Marisol) |
Filing 313 MOTION to Appear Pro Hac Vice of Margaret L. Carter Filing fee $ 150, receipt number ANYEDC-13290568. by County of Los Angeles. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 California Certificate of Good Standing, #3 Proposed Order for Admission Pro Hac Vice of Margaret L. Carter) (Carter, Margaret) |
Filing 312 MOTION to Appear Pro Hac Vice of Daniel R. Suvor Filing fee $ 150, receipt number ANYEDC-13290256. by County of Los Angeles. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 California Certificate of Good Standing, #3 Proposed Order for Admission Pro Hac Vice of Daniel R. Suvor) (Suvor, Daniel) |
ORDER granting #312 Motion for Leave to Appear Pro Hac Vice; granting #313 Motion for Leave to Appear Pro Hac Vice -- Attorneys Daniel R. Suvor, Esq. and Margaret L. Carter, Esq. are permitted to argue or try this case in whole or in part as counsel or advocate. By September 8, 2020, Mr. Suvor and Ms. Carter shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Suvor and Ms. Carter shall each file a notice of appearance and ensure that they receive electronic notification of activity in this case. Mr. Suvor and Ms. Carter shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 8/31/2020. (Gutmann, Joseph) |
Filing 311 MEMORANDUM in Support re #310 MOTION for Partial Summary Judgment filed by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Carlos Vargas, Ximena Zamora. (Attachments: #1 Appendix 1-5) (Orihuela, Marisol) |
Filing 310 MOTION for Partial Summary Judgment by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Carlos Vargas, Ximena Zamora. (Attachments: #1 Rule 56.1 Statement, #2 Declaration of Marisol Orihuela, #3 Exhibit Exhibits A-R, #4 Exhibit Exhibits S-LL) (Orihuela, Marisol) |
Filing 309 Second MOTION to Certify Class by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Johana Larios Sainz, M.B.F., Make the Road New York, Sonia Molina, Mariano Mondragon, Carlos Vargas, Ximena Zamora. (Attachments: #1 Memorandum in Support of Motion for Class Certification, #2 Proposed Order, #3 Table of Exhibits, #4 Exhibit A-C, #5 Exhibit D-M) (Rebert, Trudy) |
Filing 308 AMENDED COMPLAINT FOURTH against Donald J. Trump, Chad F. Wolf, Joseph Edlow, U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS), filed by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carlos Vargas, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, M.B.F., Johana Larios Sainz, Ximena Zamora, Sonia Molina. (Orihuela, Marisol) |
Filing 307 SCHEDULING ORDER re: briefing and the production of administrative materials in two related cases: Batalla Vidal, et al. v. Wolf, et al., No. 16-cv-4756 (NGG) (JO), and State of NewYork, etal. v. Trump, etal., No.17-cv-5228 (NGG) (JO). So Ordered by Judge Nicholas G. Garaufis on 8/24/2020. (Lee, Tiffeny) |
Filing 306 Letter Regarding Proposed Schedule by Kirstjen M. Nielsen, Jefferson B. Sessions, Donald J. Trump (Attachments: #1 Ex. 1 - Pls.' Original Scheduling Proposal, #2 Ex. 2 - Meet and Confer Email Chain) (Pezzi, Stephen) |
Filing 305 Letter regarding Plaintiffs' joint proposed briefing schedule by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas (Attachments: #1 Exhibit 1) (Joachin, Mayra) |
ORDER: Plaintiffs are DIRECTED to file their amended complaints by Friday, August 28, 2020 at 12:00 pm. The Government is DIRECTED to produce and file the administrative record, along with a privilege log, by Friday, September 4, 2020 at 12:00 pm. The court will consider all other unresolved scheduling questions during the status conference on Thursday, August 20, 2020 at 2:00 pm. Before the conference, each party is DIRECTED to designate one representative to speak on its behalf and to advise the court's Deputy of its representative via email at joseph_reccoppa@nyed.uscourts.gov. Ordered by Judge Nicholas G. Garaufis on 8/19/2020. (Lazarus, Benjamin) |
ORDER: The parties are DIRECTED to submit their joint or individual briefing schedules by noon on August 19, 2020. Ordered by Judge Nicholas G. Garaufis on 8/17/2020. (Lazarus, Benjamin) |
Email Notification Test - DO NOT REPLY (Lee, Tiffeny) |
Minute Entry for proceedings held by videoconference before Hon. Nicholas G. Garaufis. Counsel for all parties present. The court held a Pre-Motion Conference on August 13, 2020. The court GRANTED leave for Plaintiffs to file amended complaints. The court DIRECTED the parties to meet and confer and to submit, by August 19, 2020, either a joint proposed briefing schedule and schedule for the production of administrative materials, or separate proposed schedules for the same. A status conference is scheduled for August 20, 2020, at 2 pm, at which the court will consider any unresolved scheduling issues. (Court Reporter Rivka Teich.) (Lazarus, Benjamin) |
ORDER granting #302 request to treat the August 13, 2020 status conference as a pre-motion conference. Each party is DIRECTED to designate one representative to speak on its behalf and, before the conference, to advise the court's Deputy of its representative via email at joseph_reccoppa@nyed.uscourts.gov. Ordered by Judge Nicholas G. Garaufis on 8/13/2020. (Lazarus, Benjamin) |
Filing 304 Letter in Response to Plaintiffs' Letters in Advance of August 13 Conference by Kirstjen M. Nielsen, Jefferson B. Sessions, Donald J. Trump (Pezzi, Stephen) |
Filing 303 MOTION for Leave to File Document Law Student Intern Appearances by Make the Road New York. (Attachments: #1 Law Student Intern Appearance Form of Ramis Wadood, #2 Law Student Intern Appearance Form of Armando Ghinaglia) (Ahmad, Muneer) |
ORDER granting #303 Motion for Leave to File -- The motion is granted. Law students Armando Ghinaglia and Ramis Wadood are authorized to appear under the supervision of attorney Muneer I. Ahmad. Ordered by Magistrate Judge James Orenstein on 8/12/2020. (Gutmann, Joseph) |
Filing 302 Letter by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas (Attachments: #1 Exhibit 1) (Ahmad, Muneer) |
Filing 301 NOTICE of Appearance by Karen C. Tumlin on behalf of All Plaintiffs (notification declined or already on case) (Tumlin, Karen) |
Filing 300 NOTICE of Appearance by Galen Thorp on behalf of Kirstjen M. Nielsen, Jefferson B. Sessions, Donald J. Trump (aty to be noticed) (Thorp, Galen) |
ORDER: The court will hold a video status conference in this matter on August 13, 2020 at 2:00 pm. Ordered by Judge Nicholas G. Garaufis on 8/3/2020. (Kelly, Daniel) |
Filing 299 MANDATE of USCA as to #271 Notice of Interlocutory Appeal filed by Jefferson B. Sessions, Kirstjen M. Nielsen, Donald J. Trump, #257 Notice of Interlocutory Appeal filed by Jefferson B. Sessions, Kirstjen M. Nielsen, Donald J. Trump. See document #298 USCA Order certified 7/29/20. Issued as Mandate: 7/29/20. (McGee, Mary Ann) |
Filing 298 ORDER of USCA as to #271 Notice of Interlocutory Appeal filed by Jefferson B. Sessions, Kirstjen M. Nielsen, Donald J. Trump, #257 Notice of Interlocutory Appeal filed by Jefferson B. Sessions, Kirstjen M. Nielsen, Donald J. Trump. The appeal in the above captioned case from an order of the United States District Court for the Eastern District of New York was argued on the District Court's record and the parties' briefs. While the appeal was pending, the Supreme Court granted Defendants-Appellants' petition for certiorari before judgment. The Supreme Court issued its Opinion on June 18, 2020, and its judgment was transmitted to this Court on July 20, 2020. Upon consideration thereof, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the District Court's February 13, 2018 Order granting a preliminary injunction is VACATED, the District Court's November 9, 2017 order partially denying Defendants-Appellants' motion to dismiss is AFFIRMED IN PART, and the District Court's March 29, 2018 Order partially denying the balance of Defendants-Appellants' motion to dismiss is REVERSED IN PART. The case is REMANDED to the District Court for further proceedings consistent with the Supreme Court's Opinion. Certified Copy Issued: 7/29/20. USCA #18-485, 18-1521, 18-1985 and 18-1986. Document also pertains to case 17-cv-5228. The USCA #s in that case are: 18-488, 18-1525, 18-1987, 18-1988. Please note that the USCA Mandate has not yet been issued. (McGee, Mary Ann) Modified on 7/29/2020 to include additional USCA Docket Numbers. (McGee, Mary Ann). |
Filing 297 NOTICE by Kirstjen M. Nielsen, Jefferson B. Sessions, Donald J. Trump (Attachments: #1 Ex. 1 - Wolf Memorandum) (Pezzi, Stephen) |
Filing 296 EXHIBIT 1 by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas. Related document: #295 Letter filed by Eliana Fernandez, Mariano Mondragon, Carlos Vargas, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Make the Road New York, Antonio Alarcon. (Ahmad, Muneer) |
Filing 295 Letter by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas (Ahmad, Muneer) |
Filing 294 MOTION to Withdraw as Attorney on Behalf of Clement Lee by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon. (Attachments: #1 Declaration Decl. of Paige Austin in Support of Motion, #2 Proposed Judgment Proposed Order for Withdrawal of Attorney Clement Lee) (Austin, Paige) |
ORDER granting #294 Motion to Withdraw as Attorney -- The motion is granted; attorney Clement Lee is terminated. Ordered by Magistrate Judge James Orenstein on 7/15/2020. (Gutmann, Joseph) |
ORDER granting #292 Motion to Withdraw as Attorney; granting #293 Motion to Withdraw as Attorney -- The motions are granted; attorneys Scott Allen Foletta and Amy S. Taylor are terminated. Ordered by Magistrate Judge James Orenstein on 6/16/2020. (Gutmann, Joseph) |
Filing 293 MOTION to Withdraw as Attorney on Behalf of Amy Taylor by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas. (Attachments: #1 Declaration Decl. of Amy Taylor, #2 Proposed Order) (Austin, Paige) |
Filing 292 MOTION to Withdraw as Attorney on Behalf of Scott Foletta by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas. (Attachments: #1 Declaration Decl. of Scott Foletta, #2 Proposed Order) (Austin, Paige) |
ORDER granting #291 Motion to Withdraw as Attorney -- The motion is granted; attorney Jennifer B. Sokoler is terminated. Ordered by Magistrate Judge James Orenstein on 3/1/2020. (Gutmann, Joseph) |
Filing 291 MOTION to Withdraw as Attorney by Brown University, California Institute of Technology, Columbia University, Cornell University, Dartmouth College, Duke University, Emory University, George Washington University, Harvard University, Massachusetts Institute of Technology, Northwestern University, Stanford University, University of Chicago, University of Pennsylvania, Vanderbilt University, Washington University in St. Louis, Yale University. (Attachments: #1 Declaration of Jennifer B. Sokoler, #2 Proposed Order) (Sokoler, Jennifer) |
Filing 290 MOTION to Withdraw as Attorney by Kathy A. Baran, Susan M. Curda, Kelvin Medlock, Kirstjen M. Nielsen, Leon Rodriguez, Jefferson B. Sessions, Donald J. Trump. (Attachments: #1 Affidavit) (Bailey, Kate) |
ORDER granting #290 Motion to Withdraw as Attorney -- The motion is granted; attorney Kate Bailey is terminated. Ordered by Magistrate Judge James Orenstein on 10/11/2019. (Walker, Anna) |
Filing 289 Federal Express Acknowledgment for Record on Appeal sent to the Supreme Court of the United States on 9/19/19. Material was received by L. Johnson at 10:09 A.M. 9/20/19. (McGee, Mary Ann) (Main Document 289 replaced on 9/20/2019) (McGee, Mary Ann). |
Filing 288 Letter dated 9/19/2019 from Deputy Clerk to Kevin Brown, Assistant Clerk, U.S. Supreme Court of the United States re: #287 Letter. "Thumb Drive" containing Record on Appeal and Restricted Record on Appeal forwarded to Mr. Brown. The needed password was sent via encrypted e-mail also to Mr. Brown. Certified Copy of Docket Sheet transmitted to the Supreme Court. Acknowledgment requested. U.S. Supreme Court of the United States #18-589. (McGee, Mary Ann) |
Filing 287 Letter dated 9/16/19 from the Supreme Court of the United States Clerk's Office to the Clerk, United States Court of Appeals for the Second Circuit re: Request District Court forward record to the Supreme Court. (McGee, Mary Ann) |
Certified and Transmitted Record on Appeal to the Supreme Court of the United States re: #271 Notice of Interlocutory Appeal, #257 Notice of Interlocutory Appeal, #234 Notice of Interlocutory Appeal. Thumbdrive consisting of Public and Restricted records on appeal with hard copy of Transmittal Letter and Certified Copy of Docket Sheet forwarded to Kevin Brown, Supreme Court of the United States via Federal Express. Tracking Number #8148-7823-2579. Password sent to Mr. Brown via encrypted e-mail. Transmittal Letter and Certified Copy of Docket Sheet sent both electronically and in hard copy. Acknowledgment requested. Supreme Court of the United States #18-589. (McGee, Mary Ann) |
Filing 286 NOTICE of Appearance by Araceli Martinez-Olguin on behalf of All Plaintiffs (aty to be noticed) (Martinez-Olguin, Araceli) |
Filing 285 MOTION to Withdraw as Attorney by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas. (Attachments: #1 Proposed Order) (Rosenthal, Joshua) |
ORDER granting #285 Motion to Withdraw as Attorney -- The motion is granted; attorney Joshua Rosenthal terminated. Ordered by Magistrate Judge James Orenstein on 5/16/2019. (Roantree, Bronwyn) |
Filing 284 NOTICE of Appearance by Paige Austin on behalf of Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas (aty to be noticed) (Austin, Paige) |
Filing 283 MOTION to Withdraw as Attorney Brett A. Shumate by Kathy A. Baran, Susan M. Curda, Kelvin Medlock, Donald W. Neufeld, Kirstjen M. Nielsen, Leon Rodriguez, Jefferson B. Sessions, Donald J. Trump. (Attachments: #1 Affidavit, #2 Proposed Order) (Shumate, Brett) |
ORDER granting #283 Motion to Withdraw as Attorney -- The motion is granted; attorney Brett Shumate terminated. Ordered by Magistrate Judge James Orenstein on 4/11/2019. (Roantree, Bronwyn) |
Filing 282 MOTION to Join/Intervene by David Andrew Christenson. (Lee, Tiffeny) |
Filing 281 Friend of the Court/Amicus Brief submitted by David Andrew Christenson. (Lee, Tiffeny) |
ORDER granting #280 Motion to Withdraw as Attorney -- The application is granted; attorney Karen C. Tumlin terminated. Ordered by Magistrate Judge James Orenstein on 11/21/2018. (Roantree, Bronwyn) |
Filing 280 MOTION to Withdraw as Attorney Karen C. Tumlin by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas. (Attachments: #1 Proposed Order) (Rosenthal, Joshua) |
Filing 279 MOTION to Withdraw as Attorney Justin B. Cox by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas. (Attachments: #1 Proposed Order) (Rosenthal, Joshua) |
ORDER granting #279 Motion to Withdraw as Attorney -- The application is granted; attorney Justin B. Cox terminated. Ordered by Magistrate Judge James Orenstein on 10/24/2018. (Roantree, Bronwyn) |
ORDER granting #278 Motion to Withdraw as Attorney -- The application is granted; attorney Jessica R. Hanson terminated. Ordered by Magistrate Judge James Orenstein on 8/28/2018. (Drake, Shaw) |
Filing 278 MOTION to Withdraw as Attorney Jessica R. Hanson by Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Carlos Vargas. (Attachments: #1 Proposed Order) (Hanson, Jessica) |
Filing 277 NOTICE by New York University for Shiloh A. Rainwater to withdraw as attorney (Rainwater, Shiloh) |
Filing 276 Letter MOTION to Withdraw as Attorney by New York University. (Rainwater, Shiloh) |
ORDER granting #276 Motion to Withdraw as Attorney -- The application is granted; attorney Shiloh Rainwater terminated. Ordered by Magistrate Judge James Orenstein on 8/20/2018. (Drake, Shaw) |
Filing 275 MANDATE of USCA as to #271 Notice of Interlocutory Appeal filed by Jefferson Beauregard Sessions, Kirstjen M. Nielsen, Donald J. Trump, #234 Notice of Interlocutory Appeal filed by Jefferson Beauregard Sessions, Kirstjen M. Nielsen, Donald J. Trump, #257 Notice of Interlocutory Appeal filed by Jefferson Beauregard Sessions, Kirstjen M. Nielsen, Donald J. Trump. Petitioners move, pursuant to 28 U.S.C. 1292(b), for leave to appeal November 9, 2017, and March 29, 2018, Orders of the District Court denying their motions to dismiss for lack of jurisdiction and for failure to state a claim. Upon due consideration, it is hereby ORDERED that the petitions are GRANTED. See Klinghoffer v. S.N.C. Achille Lauro, 921 F.2d 21, 23-25 (2d Cir. 1990). It is further ORDERED that these appeals, as well as the appeals docketed under 2d Cir. 18-1521 and 18-1525, be heard in tandem with Petitioners' appeals of the District Courts February 13, 2018, preliminary injunction, 2d Cir. 18-485 and 18-488. Petitioners are directed to file a scheduling notification within 14 days of the date of entry of this Order pursuant to Second Circuit Local Rule 31.2. USCA #18-122 and #18-1313. Mandate also reflects 17-cv-5228 with USCA #18-123 and 18-1314. Issued as Mandate: 7/19/18. (McGee, Mary Ann) |
Filing 274 ORDER of USCA as to #271 Notice of Interlocutory Appeal filed by Jefferson Beauregard Sessions, Kirstjen M. Nielsen, Donald J. Trump, #234 Notice of Interlocutory Appeal filed by Jefferson Beauregard Sessions, Kirstjen M. Nielsen, Donald J. Trump, #257 Notice of Interlocutory Appeal filed by Jefferson Beauregard Sessions, Kirstjen M. Nielsen, Donald J. Trump. Petitioners move, pursuant to 28 U.S.C. 1292(b), for leave to appeal November 9, 2017, and March 29, 2018, Orders of the District Court denying their motions to dismiss for lack of jurisdiction and for failure to state a claim. Upon due consideration, it is hereby ORDERED that the petitions are GRANTED. See Klinghoffer v. S.N.C. Achille Lauro, 921 F.2d 21, 23-25 (2d Cir. 1990).It is further ORDERED that these appeals, as well as the appeals docketed under 2d Cir. 18-1521 and 18-1525, be heard in tandem with Petitioners' appeals of the District Court's February 13, 2018, preliminary injunction, 2d Cir. 18-485 and 18-488. Petitioners are directed to file a scheduling notification within 14 days of the date of entry of this order pursuant to Second Circuit Local Rule 31.2. Certified Copy Issued: 7/5/18. USCA #18-122 and #18-1313 (McGee, Mary Ann) |
Filing 273 ANSWER to #113 Amended Complaint, (Third) by Kirstjen M. Nielsen, Jefferson Beauregard Sessions, Donald J. Trump. (Pezzi, Stephen) |
Filing 272 NOTICE by Kirstjen M. Nielsen, Jefferson Beauregard Sessions, Donald J. Trump (Attachments: #1 Exhibit 1 - Feb. 26, 2018 Order, #2 Exhibit 2 - Mar. 20, 2018 Order) (Pezzi, Stephen) |
Filing 271 NOTICE OF INTERLOCUTORY APPEAL as to #260 Order on Motion to Dismiss for Failure to State a Claim,,,,, by Kirstjen M. Nielsen, Jefferson Beauregard Sessions, Donald J. Trump. (Pezzi, Stephen) |
Electronic Index to Record on Appeal sent to US Court of Appeals. #271 Notice of Interlocutory Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann) |
Filing 270 MEMORANDUM in Opposition re #268 Letter, filed by Kirstjen M. Nielsen, Jefferson Beauregard Sessions, Donald J. Trump. (Pezzi, Stephen) |
Filing 269 ORDER, Defendants' motion to certify the court's March 29 M&O for interlocutory appeal (Dkt. 264 in No. 16-CV-4756; Dkt. 217 in No. I7-CV-5228) is granted. So Ordered by Judge Nicholas G. Garaufis on 4/30/2018. (Lee, Tiffeny) |
Filing 268 Letter request to lift the January 8, 2018 stay of Defendants' obligation to complete the administrative record by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas (Ahmad, Muneer) |
Filing 267 Notice of Related Case (Bowens, Priscilla) |
Filing 266 Letter Regarding Motion for Certification Under 28 U.S.C. 1292(b) by Kirstjen M. Nielsen, Jefferson Beauregard Sessions, Donald J. Trump (Pezzi, Stephen) |
Filing 265 RESPONSE in Opposition re #264 MOTION for Leave to Appeal , Pursuant to 28 U.S.C. 1292(b), the Court's March 29, 2018 Order filed by All Plaintiffs. (Hanson, Jessica) |
Filing 264 MOTION for Leave to Appeal , Pursuant to 28 U.S.C. 1292(b), the Court's March 29, 2018 Order by Kirstjen M. Nielsen, Jefferson Beauregard Sessions, Donald J. Trump. (Attachments: #1 Memorandum in Support) (Pezzi, Stephen) |
ORDER re: Defendants' Motion for Certification of the Court's March 29, 2018, Memorandum and Order for Interlocutory Appeal (No. 264 in No. 16-CV-4756; No. 217 in No. 17-CV-5228): Plaintiffs shall file their responses to the Motion, if any, by no later than April 18, 2018. Ordered by Judge Nicholas G. Garaufis on 4/13/2018. (Scott, Conrad) |
ORDER granting in part and denying in part #261 Motion to Stay -- I agree with the Batalla Vidal plaintiffs that the defendants' proposal to stay the deadline for answering pending the resolution of appeals currently before the circuit court is inefficient and unnecessary. In the absence of such relief, the parties will be ready to resume discovery as soon as the appeals are resolved, while granting the motion will cause additional delay. It is reasonable to require the defendants to take the steps necessary to avoid exacerbating the needless delays they have already caused. However, that result can be achieved by granting the alternative relief the defendants propose of a 45-day extension of the time to answer. There is no reasonable prospect of the appeals being resolved by the deadline the Batalla Vidal plaintiffs suggest (April 20, 2018). Accordingly, I deny the defendants' request for an indefinite stay, but grant their alternative request of a 45-day extension. The defendants' shall file their amended answers by May 29, 2018. Ordered by Magistrate Judge James Orenstein on 4/12/2018. (Drake, Shaw) |
Filing 263 RESPONSE to Motion re #261 MOTION to Stay Answer Deadline Pending Appeal filed by All Plaintiffs. (Wishnie, Michael) |
Filing 262 NOTICE of Change of Address by Joshua Rosenthal (Rosenthal, Joshua) |
Filing 261 MOTION to Stay Answer Deadline Pending Appeal by Kirstjen M. Nielsen, Jefferson Beauregard Sessions, Donald J. Trump. (Pezzi, Stephen) |
ORDER re #261 MOTION to Stay Answer Deadline Pending Appeal -- Any party seeking to be heard on the instant motion shall submit its response by April 11, 2018. Ordered by Magistrate Judge James Orenstein on 4/10/2018. (Drake, Shaw) |
Filing 260 MEMORANDUM & ORDER, For the reasons stated above, Defendants' motions to dismiss the Batalla Vidal Plaintiffs' third amended complaint and the State Plaintiffs' amended complaint (Dkt. #207 in No. 16-CV-4756; No. #71 in No. 17-CV-5228) are GRANTED IN PART and DENIED IN PART. The Batalla Vidal Plaintiffs' first, third, and fourth claims for relief are dismissed, and the second claim for relief is dismissed to the extent it alleges that Defendants weakened DHS's information-use policy. The sixth claim for relief is dismissed in part, as stated above. The State Plaintiffs' fifth and sixth claims for relief are dismissed. So Ordered by Judge Nicholas G. Garaufis on 3/29/2018. (Lee, Tiffeny) |
Filing 259 MOTION to Withdraw as Attorney by Brown University, California Institute of Technology, Columbia University, Cornell University, Dartmouth College, Duke University, Emory University, George Washington University, Georgetown University, Harvard University, Massachusetts Institute of Technology, Northwestern University, Stanford University, University of Chicago, University of Pennsylvania, Vanderbilt University, Washington University in St. Louis, Yale University. (Attachments: #1 Declaration of Danielle Gray in Support of Motion for Withdrawal of Appearance, #2 Proposed Order) (Gray, Danielle) |
ORDER granting #259 Motion to Withdraw as Attorney. The motion is granted; Attorney Danielle Carim Gray terminated. Ordered by Magistrate Judge James Orenstein on 3/19/2018. (Salvador, Anjali) |
Filing 258 USCA MANDATE - Petitioner Kirstjen M. Nielsen, the Secretary of the Department of Homeland Security, seeks a writ of mandamus to stay discovery orders entered by the District Court that required the Government (1) to supplement the administrative record it filed with the District Court and (2) to file a privilege log, in litigation challenging the decision to rescind the Deferred Action for Childhood Arrivals(DACA) program. We have considered Petitioner's additional arguments and find no basis for the extraordinary remedy of mandamus relief. Accordingly, the petition is DENIED, and the stay of the District Court's discovery orders is LIFTED. SEE DOCUMENT FOR FURTHER DETAILS. Issued as Mandate: 2/21/18. USCA #17-3345. Document also reflects 17-cv-5228. (McGee, Mary Ann) |
Filing 257 NOTICE OF INTERLOCUTORY APPEAL as to #255 Order by Kirstjen M. Nielsen, Jefferson Beauregard Sessions, Donald J. Trump. (Pezzi, Stephen) |
Electronic Index to Record on Appeal sent to US Court of Appeals. #257 Notice of Interlocutory Appeal. (McGee, Mary Ann) |
Filing 256 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on Jan. 30, 2018, before Judge Garaufis. Court Reporter/Transcriber H. Driscoll, Telephone number 718-613-2274. Email address: hdrisc@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/7/2018. Redacted Transcript Deadline set for 3/19/2018. Release of Transcript Restriction set for 5/15/2018. (Driscoll, Holly) |
Filing 255 AMENDED MEMORANDUM & ORDER AND PRELIMINARY INJUNCTION. The Memorandum & Order filed earlier today is withdrawn. Ordered by Judge Nicholas G. Garaufis on 2/13/2018. (Scott, Conrad) |
Filing 254 MEMORANDUM & ORDER, Plaintiffs' motions for preliminary injunction (Dkt. 123 in No. 16-CV-4756; Dkt. 96 in No. 17-CV-5228) are GRANTED. The Batalla Vidal Plaintiffs' motion for class certification (Dkt. 124) is DENIED as moot. So Ordered by Judge Nicholas G. Garaufis on 2/13/2018. (Lee, Tiffeny) |
Filing 253 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 14, 2017, before Judge Nicholas G. Garaufis. Court Reporter/Transcriber Georgette K. Betts, Telephone number 718-804-2777. Email address: Georgette_Betts@nyed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/26/2018. Redacted Transcript Deadline set for 3/8/2018. Release of Transcript Restriction set for 5/7/2018. (Betts, Georgette) |
Filing 252 Letter in Response to Defendants' Feb. 2, 2018 Letter by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas (Rebert, Trudy) |
Filing 251 Letter in Response to the Court's Request at the January 30, 2018 Motions Hearing by Kirstjen M. Nielsen, Jefferson Beauregard Sessions, Donald J. Trump (Pezzi, Stephen) |
Filing 250 NOTICE of Appearance by Sirine Shebaya on behalf of Albuquerque Insight Meditation Center et al (aty to be noticed) (Shebaya, Sirine) |
Filing 249 ORDER of USCA as to #234 Notice of Interlocutory Appeal filed by Jefferson Beauregard Sessions, Kirstjen M. Nielsen, Donald J. Trump. Petitioners move, pursuant to 28 U.S.C. 1292(b), for leave to appeal an order of the District Court denying their motion to dismiss these two District Court actions for lack of jurisdiction. The parties request that the petitions for leave to appeal be held in abeyance until the District Court rules on pending motions for injunctive relief and dismissal. It is ORDERED that the petitions for leave to file are held in abeyance pending the District Court's adjudication of the parties pending motions. Once the District Court has decided the parties' pending motions, the Clerk of Court is directed to place the motion for leave to appeal the District Court's orders on the calendar for the next available panel. Certified Copy Issued: 1/31/18. USCA #18-122. Document also reflects 17-cv-5228 (18-123) (McGee, Mary Ann) (McGee, Mary Ann) |
Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Argument held on 1/30/2018 on Plaintiffs' motions for preliminary injunction (Dkt. 123 in No. 16-CV-4756; Dkt. 96 in No. 17-CV-5228); Defendants' motion to dismiss (Dkt. 207 in No. 16-CV-4756; Dkt. 71 in No. 17-CV-5228); and the Batalla Vidal Plaintiffs' motion for class certification (Dkt. 124 in No. 16-CV-4756). Counsel for all parties present. The court reserved decision on the motions. (Court Reporter Holly Driscoll) (Scott, Conrad) |
Filing 248 NOTICE of Change of Address and Phone Number by Trudy Rebert (Rebert, Trudy) |
Filing 247 NOTICE of Appearance by Scott Allen Foletta on behalf of All Plaintiffs (aty to be noticed) (Foletta, Scott) |
Filing 246 ORDER granting #245 motion to permit interpretation equipment into the courtroom. So Ordered by Judge Nicholas G. Garaufis on 1/24/2018. (Lee, Tiffeny) |
ORDER re: the State Plaintiffs' Request for Clarification Regarding Logistics for Oral Argument (Dkt. 185 in No. 17-CV-5228). The court sets the following schedule for oral argument: (1) on Plaintiffs' motions for a preliminary injunction, Plaintiffs shall have 15 minutes, to divide as they see fit, and Defendants shall have 15 minutes; (2) on Defendants' motion to dismiss, Plaintiffs shall have 15 minutes, to divide as they see fit, and Defendants shall have 15 minutes; and (3) on the Batalla Vidal Plaintiffs' motion for class certification, Plaintiffs shall have five minutes, and Defendants shall have five minutes. Ordered by Judge Nicholas G. Garaufis on 1/26/2018. (Scott, Conrad) |
Filing 245 MOTION for More Definite Statement Motion to Permit Interpretation by Make the Road New York. (Schapira, Alexia) |
Filing 244 NOTICE of Appearance by Trudy Rebert on behalf of All Plaintiffs (notification declined or already on case) (Rebert, Trudy) |
ORDER granting #243 Motion for Leave to Appear Pro Hac Vice -- Attorney Trudy Rebert, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By January 29, 2018, Ms. Rebert shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Rebert shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Rebert shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 1/22/2018. (Drake, Shaw) |
Filing 243 MOTION for Leave to Appear Pro Hac Vice on behalf of Trudy S. Rebert Filing fee $ 150, receipt number 0207-10128737. by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas. (Rebert, Trudy) |
Filing 242 REDACTION to #241 Notice(Other), Corrected Exhibits in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas (Wishnie, Michael) |
Filing 241 NOTICE by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas re #240 Memorandum in Opposition - Errata to Exhibits (Attachments: #1 Errata Corrected Exhibits) (Wishnie, Michael) |
Filing 240 MEMORANDUM in Opposition re #207 MOTION to Dismiss Third Amended Complaint filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibits A-L) (Wishnie, Michael) |
Filing 239 MEMORANDUM in Opposition re #123 MOTION for Preliminary Injunction filed by Kirstjen M. Nielsen, Jefferson Beauregard Sessions, Donald J. Trump. (Pezzi, Stephen) |
Filing 238 Letter in Response to the Court's Jan. 11, 2018 Order by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas (Cox, Justin) |
Filing 237 MEMORANDUM in Opposition re #124 First MOTION to Certify Class filed by All Defendants. (Bailey, Kate) |
ORDER. The oral argument previously scheduled for January 18, 2018, at 11 a.m. is ADJOURNED until January 30, 2018, at 11 a.m. At a later date, the court will issue an order regarding the State Plaintiffs' letter requesting clarification of the format and timing of oral argument (Dkt. 185 in No. 17-CV-5228). Ordered by Judge Nicholas G. Garaufis on 1/12/2018. (Scott, Conrad) |
Filing 236 Letter in Response to the Court's Jan. 11, 2018 Order by Kirstjen M. Nielsen, Jefferson Beauregard Sessions, Donald J. Trump (Pezzi, Stephen) |
ORDER. The parties are DIRECTED, by no later than January 12, 2018, to submit letters to the court addressing whether the oral argument currently scheduled for January 18, 2018, should be adjourned in light of Defendants' pending interlocutory appeal from the court's November 9, 2017, Memorandum and Order. Ordered by Judge Nicholas G. Garaufis on 1/11/2018. (Scott, Conrad) |
Filing 235 NOTICE of Appearance by Jennifer Levy on behalf of The Legal Aid Society (aty to be noticed) (Levy, Jennifer) |
ORDER re: Defendants' unopposed Application for Leave to File Excess Pages (Dkt. 232 in 16-CV-4756; Dkt. 197 in 17-CV-5228): The Application is GRANTED. Defendants' anticipated brief in opposition to Plaintiffs' motions for a preliminary injunction shall not exceed 50 pages in length. Ordered by Judge Nicholas G. Garaufis on 1/10/2018. (Scott, Conrad) |
Electronic Index to Record on Appeal sent to US Court of Appeals. #234 Notice of Interlocutory Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann) |
Filing 234 NOTICE OF INTERLOCUTORY APPEAL as to #104 Order on Motion to Dismiss,,,,,,, by Kirstjen M. Nielsen, Jefferson Beauregard Sessions, Donald J. Trump. (Pezzi, Stephen) |
Filing 233 MEMORANDUM & ORDER, For the reasons stated above, Defendants' motion for the court to certify its November 9th M&O for interlocutory appeal pursuant to 28 U.S.C. 1292(b) (Dkt. 219 in No. 16-CV-4756; Dkt 184 in No. 17-CV-5228) is GRANTED. Discovery and record supplementation in these cases are stayed pending the Second Circuit's decision on Defendants' anticipated interlocutory appeal. (See Dec. 27, 2017, USCA Order at 4.) So Ordered by Judge Nicholas G. Garaufis on 1/8/2018. (Lee, Tiffeny) |
Filing 232 Consent MOTION for Leave to File Excess Pages by Kirstjen M. Nielsen, Jefferson Beauregard Sessions, Donald J. Trump. (Pezzi, Stephen) |
Filing 231 REPLY in Support re #219 MOTION for Certificate of Appealability filed by All Defendants. (Westmoreland, Rachael) |
Filing 230 NOTICE of Appearance by Pedro J. Perez on behalf of ASPIRA, Alianza Americas, Arab America Institute, Asian American Bar Association of New York, Asian Americans Advancing Justice, Asian Americans Advancing Justice-Asian Law Caucus, CUNY DREAMers, Council on American-Islamic Relations, Dream Action Coalition, Hispanic Federation, Inc., LatinoJustice PRLDEF, Inc., League of United Latin American Citizens, New York State Youth Leadership Council, Presente.org, RU Dreamers, The Asian American Legal Defense and Education Fund, The Hispanic Association of Colleges and Universities, The Hispanic National Bar Association, UnidosUS (notification declined or already on case) (Perez, Pedro) |
Filing 229 NOTICE of Appearance by Alan L. Friel on behalf of ASPIRA, Alianza Americas, Arab America Institute, Asian American Bar Association of New York, Asian Americans Advancing Justice, Asian Americans Advancing Justice-Asian Law Caucus, CUNY DREAMers, Council on American-Islamic Relations, Dream Action Coalition, Hispanic Federation, Inc., LatinoJustice PRLDEF, Inc., League of United Latin American Citizens, New York State Youth Leadership Council, Presente.org, RU Dreamers, The Asian American Legal Defense and Education Fund, The Hispanic Association of Colleges and Universities, The Hispanic National Bar Association, UnidosUS (notification declined or already on case) (Friel, Alan) |
Filing 228 MOTION to Adjourn Conference Currently Scheduled for Jan. 8, 2018 by Kirstjen M. Nielsen, Jefferson Beauregard Sessions, Donald J. Trump. (Pezzi, Stephen) |
CORRECTED ORDER granting #228 Motion to Adjourn Conference -- The conference previously scheduled for January 8, 2018, is adjourned pending decision on Defendants' motion for certification of the courts order of November 9, 2017 for interlocutory appeal, Docket Entry #219 . Ordered by Magistrate Judge James Orenstein on 1/5/2018. (Drake, Shaw) |
ORDER granting #228 Motion to Adjourn Conference -- The conference previously scheduled for January 9, 2018, is adjourned pending decision on Defendants motion for certification of the courts order of November 9, 2017 for interlocutory appeal, Docket Entry #219 . Ordered by Magistrate Judge James Orenstein on 1/5/2018. (Drake, Shaw) |
ORDER granting #223 Motion for Leave to Appear Pro Hac Vice -- Attorney Alan Friel, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By January 11, 2018, Mr. Friel shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Friel shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Friel shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 1/4/2018. (Drake, Shaw) |
Filing 227 Letter Notifying the Court of Defendants' Intent to File a Reply Brief by Kirstjen M. Nielsen, Jefferson Beauregard Sessions, Donald J. Trump (Pezzi, Stephen) |
Filing 226 MEMORANDUM in Opposition re #219 MOTION for Certificate of Appealability filed by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas. (Joachin, Mayra) |
Filing 225 NOTICE of Appearance by Jennifer B. Sokoler on behalf of Brown University, California Institute of Technology, Columbia University, Cornell University, Dartmouth College, Duke University, Emory University, George Washington University, Georgetown University, Harvard University, Massachusetts Institute of Technology, Northwestern University, Stanford University, University of Chicago, University of Pennsylvania, Vanderbilt University, Washington University in St. Louis, Yale University (notification declined or already on case) (Sokoler, Jennifer) |
Filing 224 NOTICE of Appearance by Danielle Carim Gray on behalf of Brown University, California Institute of Technology, Columbia University, Cornell University, Dartmouth College, Duke University, Emory University, George Washington University, Georgetown University, Harvard University, Massachusetts Institute of Technology, Northwestern University, Stanford University, University of Chicago, University of Pennsylvania, Vanderbilt University, Washington University in St. Louis, Yale University (notification declined or already on case) (Gray, Danielle) |
Filing 223 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10090272. by ASPIRA, Alianza Americas, Arab America Institute, Asian Americans Advancing Justice, Asian Americans Advancing Justice-Asian Law Caucus, CUNY DREAMers, Council on American-Islamic Relations, Dream Action Coalition, Hispanic Federation, Inc., LatinoJustice PRLDEF, Inc., League of United Latin American Citizens, New York State Youth Leadership Council, Presente.org, RU Dreamers, The Asian American Legal Defense and Education Fund, The Hispanic Association of Colleges and Universities, The Hispanic National Bar Association, UnidosUS. (Attachments: #1 Affidavit in Support, #2 Good Standing Certificate, #3 Proposed Order) (Friel, Alan) |
Filing 222 NOTICE of Appearance by Deepak Gupta on behalf of American Federation of State, County and Municipal Employees, Communications Workers of America, International Union of Painters and Allied Trades, Service Employees International Union, United Farm Workers of America (notification declined or already on case) (Gupta, Deepak) |
ORDER granting #216 Motion for Leave to Appear Pro Hac Vice -- Attorney Jennifer Sokoler, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By January 9, 2018, Ms. Sokoler shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Sokoler shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Sokoler shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 01/02/2018. (Drake, Shaw) |
ORDER granting #215 Motion for Leave to Appear Pro Hac Vice -- Attorney Danielle Gray, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By January 9, 2018, Ms. Gray shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Gray shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Gray shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 01/02/2018. (Drake, Shaw) |
Filing 221 RESPONSE to Motion re #220 Letter MOTION to Stay filed by All Plaintiffs. (Wishnie, Michael) |
Order re: Defendants' Motion for an Administrative Stay (Dkts. 219, 220 in 16-CV-4756; Dkts. 184, 186 in 17-CV-5228): The Motion is GRANTED. Record supplementation and discovery are stayed pending consideration of Defendants' motion for certification of the court's November 9, 2017, order for interlocutory appeal. (See USCA Dec. 27, 2017, Order (Dkt. 210 in 16-CV-4756; Dkt. 177 in 17-CV-5228) at 4 ("While we decline to reserve decision on this petition while the Government pursues an interlocutory appeal, it may be prudent for the District Court to stay discovery pending the resolution of such proceedings.").) Ordered by Judge Nicholas G. Garaufis on 12/30/2017. (Scott, Conrad) |
Filing 220 Letter MOTION to Stay by Kirstjen M. Nielsen, Jefferson Beauregard Sessions, Donald J. Trump. (Pezzi, Stephen) |
ORDER re: Defendants' Motion for Certification of This Court's Order of November 9, 2017, for Interlocutory Appeal and for a Stay of Record Supplementation and Discovery (Dkt. 219 in 16-CV-4756; Dkt. 184 in 17-CV-5228): Plaintiffs are DIRECTED to respond to the Motion by no later than January 3, 2018. Ordered by Judge Nicholas G. Garaufis on 12/29/2017. (Scott, Conrad) |
Filing 219 MOTION for Certificate of Appealability by Kathy A. Baran, Susan M. Curda, Kelvin Medlock, Donald W. Neufeld, Kirstjen M. Nielsen, Leon Rodriguez, Jefferson Beauregard Sessions, Donald J. Trump. (Attachments: #1 Memorandum in Support) (Westmoreland, Rachael) |
Filing 218 NOTICE of Appearance by Rachael Westmoreland on behalf of All Defendants (aty to be noticed) (Westmoreland, Rachael) |
Filing 217 SCHEDULING ORDER -- A status conference is scheduled for January 8, 2018 at 3:00 p.m. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 12/28/2017. (Salvador, Anjali) |
Filing 216 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10079695. by Brown University, California Institute of Technology, Columbia University, Cornell University, Dartmouth College, Duke University, Emory University, George Washington University, Georgetown University, Harvard University, Massachusetts Institute of Technology, Northwestern University, Stanford University, University of Chicago, University of Pennsylvania, Vanderbilt University, Washington University in St. Louis, Yale University. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order) (Sokoler, Jennifer) |
Filing 215 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10079624. by Brown University, California Institute of Technology, Columbia University, Cornell University, Dartmouth College, Duke University, Emory University, George Washington University, Georgetown University, Harvard University, Massachusetts Institute of Technology, Northwestern University, Stanford University, University of Chicago, University of Pennsylvania, Vanderbilt University, Washington University in St. Louis, Yale University. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order) (Gray, Danielle) |
ORDER granting #211 Motion for Leave to Appear Pro Hac Vice -- Attorney J. Wells Harrell, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By January 4, 2018, Mr. Harrell shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Harrell shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Harrell shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/28/2017. (Salvador, Anjali) |
Order re: the unopposed Applications to File Amicus Briefs, filed by Former Federal Immigration and Homeland Security Officials (No. 198 in 16-CV-4756; No. 167 in 17-CV-5228) and Amherst College et al. (No. 203 in 16-CV-4756; No. 169 in 17-CV-5228): the Applications are GRANTED. The proposed amicus briefs attached to those applications are deemed to have been filed. Ordered by Judge Nicholas G. Garaufis on 12/28/2017. (Scott, Conrad) |
Filing 214 NOTICE of Appearance by Sameer Parvez Sheikh on behalf of Lawyers' Committee for Civil Rights Under Law (notification declined or already on case) (Sheikh, Sameer) |
Filing 213 NOTICE of Appearance by Martin L. Saad on behalf of Lawyers' Committee for Civil Rights Under Law (notification declined or already on case) (Saad, Martin) |
Filing 212 NOTICE of Appearance by William D. Coston on behalf of Lawyers' Committee for Civil Rights Under Law (notification declined or already on case) (Coston, William) |
Filing 211 MOTION for Leave to Appear Pro Hac Vice of J. Wells Harrell Filing fee $ 150, receipt number 0207-10078290. by Former Federal Immigration and Homeland Security Officials. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing) (Harrell, J. Wells) |
Filing 210 USCA ORDER - Petitioner Kirstjen M. Nielsen, the Secretary of the Department of Homeland Security, seeks a writ of mandamus to stay discovery orders entered by the District Court that required the Government (1) to supplement the administrative record it filed with the District Court and (2) to file a privilege log, in litigation challenging the decision to rescind the Deferred Action for Childhood Arrivals (DACA) program. Upon due consideration, it is hereby ORDERED that the mandamus petition is DENIED, and the stay of the District Courts discovery orders is LIFTED. See document for further details. Certified Copy Issued: 12/27/17. USCA #17-3345. See also 17-cv-5228 (McGee, Mary Ann) |
Filing 209 NOTICE of Appearance by Leon Fresco on behalf of Government of the United Mexican States (notification declined or already on case) (Fresco, Leon) |
Filing 208 NOTICE of Appearance by Jonathan Samuel Kolodner on behalf of African Services Committee, College Confident, Empire Justice Center, Immigrant Justice Corps, MinKwon Center for Community Action, Northern Manhattan Improvement Corporation, Northwest Immigrant Rights Project, Safe Horizon, Sosa Law, South Bronx United, TODEC Legal Center, The Door, The Immigrant and Non-Citizen Rights Clinic at the CUNY School of Law, The Legal Aid Society, UnLocal, Volunteers of Legal Service (aty to be noticed) (Kolodner, Jonathan) |
Filing 207 MOTION to Dismiss Third Amended Complaint by Kirstjen M. Nielsen, Jefferson Beauregard Sessions, Donald J. Trump. Responses due by 1/13/2018 (Attachments: #1 Memorandum in Support) (Pezzi, Stephen) |
ORDER granting #177 Motion for Leave to Appear Pro Hac Vice -- Attorney Pedro Perez, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By January 2, 2018, Mr. Perez shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Perez shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Perez shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/26/2017. (Salvador, Anjali) |
ORDER denying #170 Motion for Leave to Appear Pro Hac Vice -- The motion is denied without prejudice to the movant's right to seek reconsideration in conformity with this court's local rules, which require that an application for admission pro hac vice include a certificate of the court for each of the states in which the applicant is a member of the bar, which has been issued within thirty (30) days of filing and states that the applicant is a member in good standing of the bar of that state court. See Loc. Civ. R. 1.3(c). If the applicant seeks reconsideration, he must do so no later than January 9, 2018. Ordered by Magistrate Judge James Orenstein on 12/26/2017. (Salvador, Anjali) |
ORDER granting #169 Motion for Leave to Appear Pro Hac Vice -- Attorney Sameer Sheikh, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By January 2, 2018, Mr. Sheikh shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Sheikh shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Sheikh shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/26/2017. (Salvador, Anjali) |
ORDER granting #168 Motion for Leave to Appear Pro Hac Vice -- Attorney Martin Saad, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By January 2, 2018, Mr. Saad shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Saad shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Saad shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/26/2017. (Salvador, Anjali) |
ORDER granting #187 Motion for Leave to Appear Pro Hac Vice -- Attorney Deepak Gupta, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By January 2, 2018, Mr. Gupta shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Gupta shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Gupta shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/26/2017. (Salvador, Anjali) |
ORDER denying #183 Motion for Leave to Appear Pro Hac Vice -- The motion is denied without prejudice to the movant's right to seek reconsideration in conformity with this court's local rules, which require that an application for admission pro hac vice include a properly sworn and notarized affidavit stating (a) whether the applicant has ever been convicted of a felony, (b) whether the applicant has ever been censured, suspended, disbarred or denied admission or readmission by any court, (c) whether there are any disciplinary proceedings presently against the applicant, and (d) the facts and circumstances surrounding any affirmative responses to (a) through (c). See Loc. Civ. R. 1.3(c). If the applicant seeks reconsideration, she must do so no later than January 9, 2018. Ordered by Magistrate Judge James Orenstein on 12/26/2017. (Salvador, Anjali) |
ORDER denying #182 Motion for Leave to Appear Pro Hac Vice -- The motion is denied without prejudice to the movant's right to seek reconsideration in conformity with this court's local rules, which require that an application for admission pro hac vice include a properly sworn and notarized affidavit stating (a) whether the applicant has ever been convicted of a felony, (b) whether the applicant has ever been censured, suspended, disbarred or denied admission or readmission by any court, (c) whether there are any disciplinary proceedings presently against the applicant, and (d) the facts and circumstances surrounding any affirmative responses to (a) through (c). See Loc. Civ. R. 1.3(c). If the applicant seeks reconsideration, she must do so no later than January 9, 2018. Ordered by Magistrate Judge James Orenstein on 12/26/2017. (Salvador, Anjali) |
ORDER granting #167 Motion for Leave to Appear Pro Hac Vice -- Attorney William Coston, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By January 2, 2018, Mr. Coston shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Coston shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Coston shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/26/2017. (Salvador, Anjali) |
ORDER granting #162 Motion for Leave to Appear Pro Hac Vice -- Attorney Leon Fresco, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By January 2, 2018, Mr. Fresco shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Fresco shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Fresco shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/26/2017. (Salvador, Anjali) |
ORDER granting #159 Motion for Leave to Appear Pro Hac Vice -- Attorney Melissa DiGrande, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By January 2, 2018, Ms. DiGrande shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. DiGrande shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. DiGrande shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/26/2017. (Salvador, Anjali) |
Filing 206 MEMORANDUM in Support re #123 MOTION for Preliminary Injunction By The Lawyers Committee for Civil Rights Under Law, Anti-Defamation League, And Other Civil Rights And Social Justice Organizations As Amici Curiae filed by Lawyers' Committee for Civil Rights Under Law. (McLaughlin, Matthew) |
Filing 205 EXHIBIT APPENDIX A to Brief of Amici by Asian Law Alliance, Brooklyn Defender Services, Canal Alliance, Centro Legal de la Raza, Children's Law Center of Massachusetts (CLCM), Community Legal Services in East Palo Alto (CLSEPA), Dolores Street Community Services, East Bay Sanctuary Covenant, Heartland Alliance's National Immigrant Justice Center (NIJC), Hebrew Immigrant Aid Society (HIAS) Pennsylvania, Immigrant Legal Resource Center (ILRC), Just Neighbors, Justice Center of Southeast Massachusetts, Legal Aid Justice Center (LAJC), Legal Services for Children (LSC), Massachusetts Law Reform Institute (MLRI), National Justice for Our Neighbors, New York Legal Assistance Group (NYLAG), Northwest Immigrant Rights Project, OneJustice, Rocky Mountain Immigrant Advocacy Network (RMIAN), Services, Immigrant Rights, and Education Network (SIREN), The Legal Aid Society of San Mateo County (LASSMC). Related document: #193 Memorandum in Support,,,, filed by Canal Alliance, Children's Law Center of Massachusetts (CLCM), Legal Aid Justice Center (LAJC), Services, Immigrant Rights, and Education Network (SIREN), Massachusetts Law Reform Institute (MLRI), Centro Legal de la Raza, Brooklyn Defender Services, Heartland Alliance's National Immigrant Justice Center (NIJC), The Legal Aid Society of San Mateo County (LASSMC), Just Neighbors, Dolores Street Community Services, Hebrew Immigrant Aid Society (HIAS) Pennsylvania, Legal Services for Children (LSC), OneJustice, East Bay Sanctuary Covenant, Northwest Immigrant Rights Project, New York Legal Assistance Group (NYLAG), Rocky Mountain Immigrant Advocacy Network (RMIAN), Community Legal Services in East Palo Alto (CLSEPA), Asian Law Alliance, Immigrant Legal Resource Center (ILRC), National Justice for Our Neighbors, Justice Center of Southeast Massachusetts. (Wilson, Kara) |
Filing 204 MEMORANDUM in Support Brief Amici Curiae filed by City of Los Angeles, 27 Additional Cities and Counties, National League of Cities, United States Conference of Mayors (USCM). (Dundas, Michael) |
Filing 203 Letter MOTION for Leave to File an Amicus Brief by Amherst College, Barnard College, Boston University, Bowdoin College, Brandeis University, Bucknell University, Carnegie Mellon University, Case Western University, Colby College, Colgate University, Emerson College, Los Angeles Community College District, Los Rios Community College District, University of Maryland-College Park, Middlebury College, Mount Holyoke College, Northeastern University, Pace University, Rice University, San Mateo Community College District, Tufts University, Vassar College, Washington University in St. Louis, Wellesley College, Williams College. (Attachments: #1 Proposed Brief of Amici Curiae of Institutions of Higher Education in Support of Plaintiffs Motion for Preliminary Injunction) (Jestin, Katya) |
Filing 202 MEMORANDUM in Support Brief Amici Curiae filed by African Services Committee, Immigrant Justice Corps, MinKwon Center for Community Action, South Bronx United, The Door, The Legal Aid Society, UnLocal, College Confident, Empire Justice Center, The Immigrant and Non-Citizen Rights Clinic at the CUNY School of Law, Northern Manhattan Improvement Corporation, Northwest Immigrant Rights Project, Safe Horizon, Sosa Law, TODEC Legal Center, Volunteers of Legal Service. (Kolodner, Jonathan) |
Filing 201 MEMORANDUM in Support - Memorandum of Law Filed on Behalf of 87 Religious Organizations as Amici Curiae in Support of Plaintiffs' Motions for Preliminary Injunctions filed by Albuquerque Insight Meditation Center et al. (Attachments: #1 Appendix A) (Zalesin, Steven) |
Filing 200 TRIAL BRIEF of the Government of The United Mexican States as Amicus Curiae in Support of Plaintiffs' Motions for Preliminary Injunction, by Government of the United Mexican States (Sokol, Howard) |
Filing 199 MEMORANDUM in Support re #123 MOTION for Preliminary Injunction (Brief of LatinoJustice PRLDEF, et al. as Amicus Curiae in Support of Plaintiffs' Motion for Preliminary Injunction) filed by ASPIRA, Alianza Americas, Arab America Institute, Asian American Bar Association of New York, Asian Americans Advancing Justice, Asian Americans Advancing Justice-Asian Law Caucus, CUNY DREAMers, Council on American-Islamic Relations, Dream Action Coalition, Hispanic Federation, Inc., LatinoJustice PRLDEF, Inc., League of United Latin American Citizens, New York State Youth Leadership Council, Presente.org, RU Dreamers, The Asian American Legal Defense and Education Fund, The Hispanic Association of Colleges and Universities, The Hispanic National Bar Association, UnidosUS. (Bohorquez, Fernando) |
Filing 198 Consent MOTION for Leave to File Amicus Brief by Former Federal Immigration and Homeland Security Officials. (Attachments: #1 Proposed Amicus Brief) (Harrell, J. Wells) |
Filing 197 NOTICE of Appearance by Adeel Abdullah Mangi on behalf of Albuquerque Insight Meditation Center et al (aty to be noticed) (Mangi, Adeel) |
Filing 196 MOTION for Leave to File Memorandum of Law as Amici Curiae in Support of plaintiffs Motions for Preliminary Injunctions United States District Court Eastern District of New York by Albuquerque Insight Meditation Center et al. (Attachments: #1 Memorandum in Support, #2 Declaration Steven Zalesin, #3 Exhibit A, Proposed Memorandum of Law) (Zalesin, Steven) |
Filing 195 MEMORANDUM in Support re #123 MOTION for Preliminary Injunction As Amicus Curiae In Support of Plaintiffs' Motion For A Preliminary Injunction filed by New York University. (Obus, Steven) |
Filing 194 NOTICE of Appearance by Steven Alan Zalesin on behalf of Albuquerque Insight Meditation Center et al (aty to be noticed) (Zalesin, Steven) |
Filing 193 MEMORANDUM in Support re #123 MOTION for Preliminary Injunction on behalf of Amici Curiae filed by Asian Law Alliance, Brooklyn Defender Services, Canal Alliance, Centro Legal de la Raza, Children's Law Center of Massachusetts (CLCM), Community Legal Services in East Palo Alto (CLSEPA), Dolores Street Community Services, East Bay Sanctuary Covenant, Heartland Alliance's National Immigrant Justice Center (NIJC), Hebrew Immigrant Aid Society (HIAS) Pennsylvania, Immigrant Legal Resource Center (ILRC), Just Neighbors, Justice Center of Southeast Massachusetts, Legal Aid Justice Center (LAJC), Legal Services for Children (LSC), Massachusetts Law Reform Institute (MLRI), National Justice for Our Neighbors, New York Legal Assistance Group (NYLAG), Northwest Immigrant Rights Project, OneJustice, Rocky Mountain Immigrant Advocacy Network (RMIAN), Services, Immigrant Rights, and Education Network (SIREN), The Legal Aid Society of San Mateo County (LASSMC). (Wilson, Kara) |
Filing 192 Corporate Disclosure Statement by Asian Law Alliance, Brooklyn Defender Services, Canal Alliance, Centro Legal de la Raza, Children's Law Center of Massachusetts (CLCM), Community Legal Services in East Palo Alto (CLSEPA), Dolores Street Community Services, East Bay Sanctuary Covenant, Heartland Alliance's National Immigrant Justice Center (NIJC), Hebrew Immigrant Aid Society (HIAS) Pennsylvania, Immigrant Legal Resource Center (ILRC), Just Neighbors, Justice Center of Southeast Massachusetts, Legal Aid Justice Center (LAJC), Legal Services for Children (LSC), Massachusetts Law Reform Institute (MLRI), National Justice for Our Neighbors, New York Legal Assistance Group (NYLAG), Northwest Immigrant Rights Project, OneJustice, Rocky Mountain Immigrant Advocacy Network (RMIAN), Services, Immigrant Rights, and Education Network (SIREN), The Legal Aid Society of San Mateo County (LASSMC) (Wilson, Kara) |
Filing 191 NOTICE of Change of Address by Kara Corinne Wilson (Wilson, Kara) |
Filing 190 MEMORANDUM in Support re #123 MOTION for Preliminary Injunction on behalf of Amicus Curiae filed by American Federation of State, County and Municipal Employees, Communications Workers of America, International Union of Painters and Allied Trades, Service Employees International Union, United Farm Workers of America. (Gupta, Deepak) |
Filing 189 NOTICE of Appearance by Kara Corinne Wilson on behalf of Asian Law Alliance, Canal Alliance, Centro Legal de la Raza, Children's Law Center of Massachusetts (CLCM), Community Legal Services in East Palo Alto (CLSEPA), Dolores Street Community Services, East Bay Sanctuary Covenant, Heartland Alliance's National Immigrant Justice Center (NIJC), Hebrew Immigrant Aid Society (HIAS) Pennsylvania, Immigrant Legal Resource Center (ILRC), Just Neighbors, Justice Center of Southeast Massachusetts, Legal Aid Justice Center (LAJC), Legal Services for Children (LSC), Massachusetts Law Reform Institute (MLRI), National Justice for Our Neighbors, New York Legal Assistance Group (NYLAG), Northwest Immigrant Rights Project, OneJustice, Rocky Mountain Immigrant Advocacy Network (RMIAN), Services, Immigrant Rights, and Education Network (SIREN), The Legal Aid Society of San Mateo County (LASSMC), Brooklyn Defender Services (aty to be noticed) (Wilson, Kara) |
Filing 188 MEMORANDUM in Support Brief Amici Curiae filed by Current and Former Law Enforcement Leaders. (Lederer, Caryn) |
Filing 187 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10073253. by American Federation of State, County and Municipal Employees, Communications Workers of America, International Union of Painters and Allied Trades, Service Employees International Union, United Farm Workers of America. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Gupta, Deepak) |
Filing 186 Letter MOTION for Leave to File amicus brief by Service Employees International Union, American Federation of State, County and Municipal Employees, United Farm Workers of America, Communications Workers of America, International Union of Painters and Allied Trades. (Gupta, Deepak) |
Filing 185 MOTION for Leave to File Brief on Behalf of New York University As Amicus Curiae by New York University. (Attachments: #1 Brief of New York University As Amicus Curiae in Support of Plaintiffs' Motion For A Preliminary Injunction) (Obus, Steven) |
Filing 184 Letter MOTION for Leave to File Amici Brief by Brown University, California Institute of Technology, Columbia University, Cornell University, Dartmouth College, Duke University, Emory University, George Washington University, Georgetown University, Harvard University, Massachusetts Institute of Technology, Northwestern University, Stanford University, University of Chicago, University of Pennsylvania, Vanderbilt University, Washington University in St. Louis, Yale University. (Attachments: #1 Exhibit A - Proposed Brief of Amici Curiae) (Sarnoff, Stuart) |
Filing 183 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10072587. by Brown University, California Institute of Technology, Columbia University, Cornell University, Dartmouth College, Duke University, Emory University, George Washington University, Georgetown University, Harvard University, Massachusetts Institute of Technology, Northwestern University, Stanford University, University of Chicago, University of Pennsylvania, Vanderbilt University, Washington University in St. Louis, Yale University. (Attachments: #1 Declaration In Support, #2 Certificate of Good Standing, #3 Proposed Order) (Sokoler, Jennifer) |
Filing 182 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10072556. by Brown University, California Institute of Technology, Columbia University, Cornell University, Dartmouth College, Duke University, Emory University, George Washington University, Georgetown University, Harvard University, Massachusetts Institute of Technology, Northwestern University, Stanford University, University of Chicago, University of Pennsylvania, Vanderbilt University, Washington University in St. Louis, Yale University. (Attachments: #1 Declaration In Support, #2 Certificate of Good Standing, #3 Proposed Order) (Gray, Danielle) |
Filing 181 NOTICE of Appearance by Stuart M. Sarnoff on behalf of Brown University, California Institute of Technology, Columbia University, Cornell University, Dartmouth College, Duke University, Emory University, George Washington University, Georgetown University, Harvard University, Massachusetts Institute of Technology, Northwestern University, Stanford University, University of Chicago, University of Pennsylvania, Vanderbilt University, Washington University in St. Louis, Yale University (aty to be noticed) (Sarnoff, Stuart) |
Filing 180 TRIAL BRIEF of Amici in Support of Plaintiffs' Motion for a Preliminary Injunction by New York State United Teachers et al. by Wendy M Star (Star, Wendy) |
ORDER re: the unopposed Applications to File Amicus Briefs, filed by LatinoJustice PRLDEF et al. (Dkt. 174 in 16-CV-4756; Dkt. 145 in 17-CV-5228); the Legal Aid Society et al. (Dkt. 176 in 16-CV-4756; Dkt. 147 in 17-CV-5228); Brown University et al. (Dkt. 184 in 16-CV-4756; Dkt. 153 in 17-CV-5228); and New York University (Dkt. 185 in 16-CV-4756; Dkt. 154 in 17-CV-5228): The Applications are GRANTED. The unopposed Application of Advocates for Youth et al. (Dkt. 178 in 16-CV-4756; Dkt. 148 in 17-CV-5228) to Join in the Amicus Brief of the Lawyers Committee for Civil Rights Under Law is GRANTED. Ordered by Judge Nicholas G. Garaufis on 12/22/2017. (Scott, Conrad) |
ORDER re: the unopposed Applications to File Amicus Briefs, filed by Service Employees International Union et al. (Dkt. 186 in 16-CV-4756; Dkt. 156 in 17-CV-5228); and 87 Religious Organizations (Dkt. 196 in 16-CV-4756; Dkt. 165 in 17-CV-5228): The Applications are GRANTED. Ordered by Judge Nicholas G. Garaufis on 12/22/2017. (Scott, Conrad) |
Filing 179 NOTICE by Fred T. Korematsu Center for Law and Equality of Filing of Amicus Curiae Brief pursuant to Dec 20 Order Granting Application to File Amicus Curiae Brief (Chang, Robert) |
Filing 178 Letter MOTION for Leave to File Consent Motion to Add Amici to Forthcoming Amicus Curiae Brief by Lawyers' Committee for Civil Rights Under Law. (Silverstein, Thomas) |
Filing 177 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10070446. by ASPIRA, Alianza Americas, Arab America Institute, Asian American Bar Association of New York, Asian Americans Advancing Justice, Asian Americans Advancing Justice-Asian Law Caucus, CUNY DREAMers, Council on American-Islamic Relations, Dream Action Coalition, Hispanic Federation, Inc., LatinoJustice PRLDEF, Inc., League of United Latin American Citizens, New York State Youth Leadership Council, Presente.org, RU Dreamers, The Asian American Legal Defense and Education Fund, The Hispanic Association of Colleges and Universities, The Hispanic National Bar Association, UnidosUS. (Attachments: #1 Affidavit, #2 Good Standing Certificate, #3 Proposed Order) (Perez, Pedro) |
Filing 176 Letter MOTION for Leave to File Amici Curiae Brief by The Legal Aid Society, African Services Committee, Immigrant Justice Corps, MinKwon Center for Community Action, South Bronx United, UnLocal, The Door. (Kolodner, Jonathan) |
Filing 175 NOTICE of Appearance by Fernando A. Bohorquez, Jr on behalf of ASPIRA, Alianza Americas, Arab America Institute, Asian American Bar Association of New York, Asian Americans Advancing Justice, Asian Americans Advancing Justice-Asian Law Caucus, CUNY DREAMers, Council on American-Islamic Relations, Dream Action Coalition, Hispanic Federation, Inc., LatinoJustice PRLDEF, Inc., League of United Latin American Citizens, New York State Youth Leadership Council, Presente.org, RU Dreamers, The Asian American Legal Defense and Education Fund, The Hispanic Association of Colleges and Universities, The Hispanic National Bar Association, UnidosUS (notification declined or already on case) (Bohorquez, Fernando) |
Filing 174 Letter MOTION for Leave to File an Amicus Curiae Brief by ASPIRA, Alianza Americas, Arab America Institute, Asian American Bar Association of New York, Asian Americans Advancing Justice, Asian Americans Advancing Justice-Asian Law Caucus, CUNY DREAMers, Council on American-Islamic Relations, Dream Action Coalition, Hispanic Federation, Inc., LatinoJustice PRLDEF, Inc., League of United Latin American Citizens, New York State Youth Leadership Council, Presente.org, RU Dreamers, The Asian American Legal Defense and Education Fund, The Hispanic Association of Colleges and Universities, The Hispanic National Bar Association, UnidosUS. (Attachments: #1 Appendix A-List of Amicus Curiae) (Bohorquez, Fernando) |
Filing 173 NOTICE of Appearance by Shiloh Rainwater on behalf of New York University (notification declined or already on case) (Rainwater, Shiloh) |
Filing 172 NOTICE of Appearance by Seth D. Fiur on behalf of New York University (notification declined or already on case) (Fiur, Seth) |
Filing 171 NOTICE of Appearance by Ashley C. Ferguson on behalf of New York University (notification declined or already on case) (Ferguson, Ashley) |
Filing 170 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10070132. by LatinoJustice PRLDEF, Inc., Alianza Americas, Arab America Institute, The Asian American Legal Defense and Education Fund, Asian American Bar Association of New York, Asian Americans Advancing Justice, Asian Americans Advancing Justice-Asian Law Caucus, ASPIRA, Council on American-Islamic Relations, CUNY DREAMers, Dream Action Coalition, The Hispanic Association of Colleges and Universities, The Hispanic National Bar Association, Hispanic Federation, Inc., League of United Latin American Citizens, New York State Youth Leadership Council, Presente.org, RU Dreamers, UnidosUS. (Attachments: #1 Affidavit, #2 Good Standing Certificate, #3 Proposed Order) (Friel, Alan) |
Filing 169 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10070053. by Lawyers' Committee for Civil Rights Under Law. (Attachments: #1 Affidavit of Sameer P. Sheikh in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing (District of Columbia)) (Sheikh, Sameer) |
Filing 168 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10070013. by Lawyers' Committee for Civil Rights Under Law. (Attachments: #1 Affidavit of Martin L. Saad in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing (District of Columbia)) (Saad, Martin) |
Filing 167 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10069953. by Lawyers' Committee for Civil Rights Under Law. (Attachments: #1 Affidavit of William D. Coston is Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing (District of Columbia)) (Coston, William) |
Filing 166 Letter MOTION for Leave to File join an amicus brief to be filed by the Lawyers' Committee for Civil Rights Under Law by the Anti-Defamation League. (Harris, John) |
Filing 165 NOTICE of Appearance by John Barney Harris on behalf of the Anti-Defamation League (aty to be noticed) (Harris, John) |
Filing 164 Letter MOTION for Leave to File Amicus Brief by City of Los Angeles. (Dundas, Michael) |
Filing 163 NOTICE of Appearance by Michael Dundas on behalf of City of Los Angeles (notification declined or already on case) (Dundas, Michael) |
Filing 162 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10069388. by Government of the United Mexican States. (Attachments: #1 Affidavit, #2 Certificates of Good Standing) (Fresco, Leon) |
Filing 161 TRIAL BRIEF of Amici in Support of Plaintiffs' Motion for a Preliminary Injunction by DelawareCAN: The Delaware Campaign for Achievement Now, HawaiiKidsCAN, NewMexicoKidsCAN, Partnership for Educational Justice, Virginia Excels (Schwartz, William) |
Filing 160 MEMORANDUM in Support AMICUS BRIEF OF 114 COMPANIES IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION filed by 114 U.S. - Based Companies. (Pincus, Andrew) |
Filing 159 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10068884. by New York University. (Attachments: #1 Affidavit of Melissa DiGrande in Support of Motion, #2 Certificate of Good Standing) (DiGrande, Melissa) |
Filing 158 NOTICE of Appearance by Tiffany Woo on behalf of New York University (aty to be noticed) (Woo, Tiffany) |
Filing 157 NOTICE of Appearance by Rory Schneider on behalf of 114 U.S. - Based Companies (notification declined or already on case) (Schneider, Rory) |
Filing 156 NOTICE of Appearance by Steven E. Obus on behalf of New York University (aty to be noticed) (Obus, Steven) |
Filing 155 NOTICE of Appearance by Karen Lin on behalf of 114 U.S. - Based Companies (notification declined or already on case) (Lin, Karen) |
Filing 154 NOTICE of Appearance by Andrew J. Pincus on behalf of 114 U.S. - Based Companies (notification declined or already on case) (Pincus, Andrew) |
Filing 153 MOTION for Leave to Appear Pro Hac Vice of Ashley Ferguson Filing fee $ 150, receipt number 0207-10068206. by New York University. (Attachments: #1 Affidavit of Ashley Ferguson in Support of Motion for Pro Hac Vice, #2 Certificate of Good Standing) (Ferguson, Ashley) |
Filing 152 ORDER granting #143 Motion for Leave to Appear Pro Hac Vice -- Attorney Rory K. Schneider, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By December 28, 2017, Mr. Schneider shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Schneider shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Schneider shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/21/2017. (Drake, Shaw) |
Filing 151 NOTICE of Appearance by Kaitland McCann Kennelly on behalf of DelawareCAN, HawaiiKidsCAN, NewMexicoKidsCAN, Partnership for Educational Justice, The Delaware Campaign for Achievement Now, Virginia Excels (aty to be noticed) (Kennelly, Kaitland) |
Filing 150 NOTICE of Appearance by William J. Schwartz on behalf of DelawareCAN, HawaiiKidsCAN, NewMexicoKidsCAN, Partnership for Educational Justice, The Delaware Campaign for Achievement Now, Virginia Excels (notification declined or already on case) (Schwartz, William) |
ORDER granting #146 Motion for Leave to Appear Pro Hac Vice -- Attorney Shiloh Rainwater, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By December 28, 2017, Mr. Rainwater shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Rainwater shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Rainwater shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/21/2017. (Drake, Shaw) |
ORDER granting #141 Motion for Leave to Appear Pro Hac Vice -- Attorney Karen Lin, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By December 28, 2017, Ms. Lin shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Lin shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ms. Lin shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/21/2017. (Drake, Shaw) |
ORDER granting #149 Motion for Leave to Appear Pro Hac Vice -- Attorney Michael Dundas, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By December 28, 2017, Mr. Dundas shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Dundas shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Dundas shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/21/2017. (Drake, Shaw) |
ORDER granting #145 Motion for Leave to Appear Pro Hac Vice -- Attorney Seth Fiur, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By December 28, 2017, Mr. Fiur shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Fiur shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Fiur shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/21/2017. (Drake, Shaw) |
ORDER granting #140 Motion for Leave to Appear Pro Hac Vice -- Attorney Andrew Pincus, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By December 28, 2017, Mr. Pincus shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Pincus shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Pincus shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/21/2017. (Drake, Shaw) |
ORDER re: the unopposed Applications to File Amicus Briefs, filed by the New York State United Teachers et al. (Dkt. 139 in 16-CV-4756; Dkt. 113 in 17-CV-5228); Asian Law Alliance et al. (Dkt. 148 in 16-CV-4756; Dkt. 121 in 17-CV-5228); and the City of Los Angeles et al. (Dkt. 164 in 16-CV-4756; Dkt. 137 in 17-CV-5228): The applications are GRANTED. The Application of the Anti-Defamation League (Dkt. 166 in 16-CV-4756; Dkt. 138 in 17-CV-5228) to join in the amicus brief to be filed by the Lawyers' Committee for Civil Rights Under Law (the "Lawyers' Committee") is GRANTED, provided that the Lawyers Committee does not object to the application by December 22, 2017, at 5:00 P.M. Ordered by Judge Nicholas G. Garaufis on 12/21/2017. (Scott, Conrad) |
ORDER finding as moot #147 Motion for Leave to Appear Pro Hac Vice -- See docket entry #143 . Ordered by Magistrate Judge James Orenstein on 12/21/2017. (Drake, Shaw) |
ORDER granting #153 Motion for Leave to Appear Pro Hac Vice -- Attorney Ashley Ferguson, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By December 28, 2017, Ms. Ferguson shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Ferguson shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Ferguson shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/21/2017. (Drake, Shaw) Modified on 12/21/2017 (Guy, Alicia). |
Filing 149 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10067228. by City of Los Angeles. (Dundas, Michael) |
Filing 148 Letter MOTION for Leave to File an Amicus Brief on or before December 22, 2017 by Asian Law Alliance, Canal Alliance, Centro Legal de la Raza, Children's Law Center of Massachusetts (CLCM), Community Legal Services in East Palo Alto (CLSEPA), Dolores Street Community Services, East Bay Sanctuary Covenant, Heartland Alliance's National Immigrant Justice Center (NIJC), Hebrew Immigrant Aid Society (HIAS) Pennsylvania, Immigrant Legal Resource Center (ILRC), Justice Center of Southeast Massachusetts, Just Neighbors, Legal Aid Justice Center (LAJC), The Legal Aid Society of San Mateo County (LASSMC), Legal Services for Children (LSC), Massachusetts Law Reform Institute (MLRI), National Justice for Our Neighbors, New York Legal Assistance Group (NYLAG), Northwest Immigrant Rights Project, OneJustice, Rocky Mountain Immigrant Advocacy Network (RMIAN), Services, Immigrant Rights, and Education Network (SIREN). (Wilson, Kara) |
Filing 147 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10067126. by 114 U.S. - Based Companies. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Schneider, Rory) |
Filing 146 MOTION for Leave to Appear Pro Hac Vice Shiloh Rainwater Filing fee $ 150, receipt number 0207-10067106. by New York University. (Attachments: #1 Affidavit of Shiloh Rainwater in Support of Motion, #2 Certificate of Good Standing) (Rainwater, Shiloh) |
Filing 145 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10067091. by New York University. (Attachments: #1 Affidavit in Support, #2 Exhibit Certificate of Good Standing) (Fiur, Seth) |
Filing 144 MEMORANDUM in Support re Order,,, re Application for Leave to File Amicus Brief filed by United We Dream. (Karanjia, Peter) |
Filing 143 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10067062. by 114 U.S. - Based Companies. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Pincus, Andrew) |
Filing 142 NOTICE of Appearance by Howard Sokol on behalf of Government of the United Mexican States (notification declined or already on case) (Sokol, Howard) |
Filing 141 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10066885. by 114 U.S. - Based Companies. (Attachments: #1 Affidavit in Support Affidavit of Karen Lin, #2 Certificate of Good Standing) (Lin, Karen) |
Filing 140 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10066892. by 114 U.S. - Based Companies. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Pincus, Andrew) |
Filing 139 First MOTION for Leave to File Amicus by Wendy M Star. (Attachments: #1 Proposed Brief) (Star, Wendy) |
Filing 138 Consent MOTION for Leave to File Amicus Brief by 114 U.S. - Based Companies. (Pincus, Andrew) |
Filing 137 Letter MOTION for Leave to File an Amicus Brief on or before December 22,2017 by Partnership for Educational Justice, DelawareCAN, The Delaware Campaign for Achievement Now, HawaiiKidsCAN, NewMexicoKidsCAN, Virginia Excels. (Schwartz, William) |
Filing 136 Consent MOTION for Leave to File Brief Amici Curiae by Current and Former Law Enforcement Leaders. (Lederer, Caryn) |
Filing 135 Consent MOTION for Leave to File Amicus Brief by Government of the United Mexican States. (Sokol, Howard) |
Filing 134 ORDER granting (127) Motion for Leave to File Brief as Amicus Curiae by The Lawyers Committee for Civil Rights Under Law in case 1:16-cv-04756-NGG-JO; granting (99) Motion for Leave to File in case Brief as Amicus Curiae by The Lawyers Committee for Civil Rights Under Law in case 1:17-cv-05228-NGG-JO. So Ordered by Judge Nicholas G. Garaufis on 12/19/2017. (Lee, Tiffeny) |
Filing 133 NOTICE of Appearance by Peter Karanjia on behalf of United We Dream (notification declined or already on case) (Karanjia, Peter) |
Filing 132 Consent MOTION for Leave to File Brief as Amicus Curiae by United We Dream. (Karanjia, Peter) |
Filing 131 Consent MOTION to Amend/Correct/Supplement #129 Consent MOTION for Leave to File Amicus Curiae Brief by Fred T. Korematsu Center for Law and Equality. (Chang, Robert) |
ORDER: the unopposed Applications for Leave to File Amicus Briefs, filed by United We Dream (Dkt. 132 in 16-CV-4756; Dkt. 106 in 17-CV-5228); the Government of the United Mexican States (Dkt. 135 in 16-CV-4756; Dkt. 109 in 17-CV-5228); Current and Former Law Enforcement Leaders (Dkt. 136 in 16-CV-4756; Dkt. 110 in 17-CV-5228); Partnership for Educational Justice, DelawareCAN: The Delaware Campaign for Achievement Now, HawaiiKidsCAN, NewMexicoKidsCAN, and Virginia Excels (Dkt. 137 in 16-CV-4756; Dkt. 112 in 17-CV-5228); and 114 U.S.-Based Companies (Dkt. 138 in 16-CV-4756; Dkt. 111 in 17-CV-5228): the Applications are GRANTED. The anticipated amicus briefs shall be filed by no later than December 22, 2017. Ordered by Judge Nicholas G. Garaufis on 12/20/2017. (Scott, Conrad) |
ORDER re: the unopposed Application for Leave to File an Amicus Brief, filed by the Lawyers' Committee for Civil Rights Under Law (Dkt. 127 in 16-CV-4756; Dkt. 99 in 17-CV-5228); and the unopposed Applications for Leave to File an Amicus Brief, filed by the Fred T. Korematsu Center for Law and Equality (Dkts. 129 and 131 in 16-CV-4756; Dkts. 101 and 103 in 17-CV-5228): The applications are GRANTED. The anticipated amicus briefs shall be filed by no later than December 22, 2017. Ordered by Judge Nicholas G. Garaufis on 12/20/2017. (Scott, Conrad) |
Filing 130 NOTICE of Appearance by Michael Anthony Guerra on behalf of Lawyers' Committee for Civil Rights Under Law (aty to be noticed) (Guerra, Michael) |
Filing 129 Consent MOTION for Leave to File Amicus Curiae Brief by Fred T. Korematsu Center for Law and Equality. (Chang, Robert) |
Filing 128 NOTICE of Appearance by Robert Chang on behalf of Fred T. Korematsu Center for Law and Equality (notification declined or already on case) (Chang, Robert) |
Filing 127 Consent MOTION for Leave to File Brief as Amicus Curiae by The Lawyers Committee for Civil Rights Under Law. (McLaughlin, Matthew) |
Filing 126 DECLARATION re #123 MOTION for Preliminary Injunction Supplemental Document to Yoshikawa Declaration (Ex. FFF) by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas (Wishnie, Michael) |
Filing 125 DECLARATION Corrected of Amy Taylor re: ECF No. 124 Motion for Class Certification by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas (Wishnie, Michael) |
Filing 124 First MOTION to Certify Class by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas. Responses due by 1/13/2018 (Attachments: #1 Memorandum in Support Memorandum in Support of Motion for Class Certification, #2 Exhibit Exhibits A-C) (Wishnie, Michael) |
Filing 123 MOTION for Preliminary Injunction by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas. (Attachments: #1 Memorandum in Support, #2 Table of Exhibits, #3 Exhibit Exhibit A-M, Part 1, #4 Exhibit Exhibit A-M, Part 2, #5 Exhibit Exhibit N-Z, #6 Exhibit Exhibit AA-MM, Part 1, #7 Exhibit Exhibit AA-MM, Part 2, #8 Exhibit Exhibit AA-MM, Part 3, #9 Exhibit Exhibit AA-MM, Part 4, #10 Exhibit Exhibit NN-ZZ, Part 1, #11 Exhibit Exhibit NN-ZZ, Part 2, #12 Exhibit Exhibit NN-ZZ, Part 3, #13 Exhibit Exhibit AAA-RRR) (Tumlin, Karen) |
Filing 122 ORDER re: Defendants' #118 Motion to Modify or Set Aside Orders of Magistrate Judge James Orenstein Denying Defendants' #115 and #117 Applications for Extension of Time: The Motion is DENIED, for the reasons stated in the attached order. Ordered by Judge Nicholas G. Garaufis on 12/15/2017. (Scott, Conrad) |
Filing 121 ORDER granting #111 Motion for Leave to File Excess Pages. So Ordered by Judge Nicholas G. Garaufis on 12/14/2017. (Lee, Tiffeny) |
Filing 120 Letter in Response to Defendants' Appeal of Magistrate Judge Decision to District Court by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas (Attachments: #1 Exhibit Attachment (copy of ECF No. 116)) (Ahmad, Muneer) |
ORDER granting #119 Motion for Leave to Appear Pro Hac Vice -- Attorney Robert S. Chang, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By December 22, 2017, Mr. Chang shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Chang shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Chang shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/15/2017. (Drake, Shaw) |
Filing 119 MOTION for Leave to Appear Pro Hac Vice Robert S. Chang Filing fee $ 150, receipt number 0207-10052373. by Fred T. Korematsu Center for Law and Equality. (Attachments: #1 Affidavit Affidavit of Robert S. Chang in Support of Motion for Leave to Appear Pro Hac Vice, #2 Exhibit Certificate of Good Standing) (Chang, Robert) |
Filing 118 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Kirstjen M. Nielsen, Jefferson Beauregard Sessions, Donald J. Trump (Pezzi, Stephen) |
Filing 117 Letter MOTION for Extension of Time to File Answer re #113 Amended Complaint, (Renewed) by Kirstjen M. Nielsen, Jefferson Beauregard Sessions, Donald J. Trump. (Pezzi, Stephen) |
ORDER denying #117 Motion for Extension of Time to Answer -- As a renewed request for non-dispositive pretrial scheduling relief, rather than a request for review of an earlier ruling based on an assertion that the ruling was clearly erroneous or contrary to law, the applicable rules of this court require me to address the motion in the first instance. See, Loc. Civ. R. 72.2; Fed. R. Civ. P. 72(a). In renewing their request, the defendants incorrectly assumes that I misperceived the procedural posture of the case, or that I failed to take into account the personal difficulty the denial of scheduling relief may impose on counsel, their colleagues, and those they hold dear. To the contrary, the effect of this litigation on the lives of all persons whose interests are at stake, directly or indirectly, is unquestionably an important concern. Nevertheless, in the absence of consent, and because the time constraint of this litigation require the court to move ahead as quickly as possible to ensure a timely resolution of the parties' disputes, and with a full understanding of the circumstances set forth in the renewed motion, I again deny the request for scheduling relief. If the defendants wish to seek review of this decision, they may do so promptly pursuant to Federal Rule of Civil Procedure 72(a). Ordered by Magistrate Judge James Orenstein on 12/14/2017. (Drake, Shaw) |
ORDER denying #115 Motion for Extension of Time to Answer -- In the absence of consent, and in light of the extremely short amount of time available to resolve the case on the merits, the motion is denied. Ordered by Magistrate Judge James Orenstein on 12/13/2017. (Drake, Shaw) |
Filing 116 RESPONSE to Motion re #115 Letter MOTION for Extension of Time to File Answer re #113 Amended Complaint, filed by All Plaintiffs. (Wishnie, Michael) |
Filing 115 Letter MOTION for Extension of Time to File Answer re #113 Amended Complaint, by Kirstjen M. Nielsen, Jefferson Beauregard Sessions, Donald J. Trump. (Pezzi, Stephen) |
Filing 114 Letter Re: Corrected Certificate of Service by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas (Hanson, Jessica) |
Filing 113 AMENDED COMPLAINT THIRD against Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump, filed by Mariano Mondragon, Make the Road New York, Carlos Vargas, Antonio Alarcon, Carolina Fung Feng, Eliana Fernandez, Martin Jonathan Batalla Vidal. (Attachments: #1 Exhibit A-M) (Hanson, Jessica) |
Filing 112 Second MOTION to Continue Dec. 13, 2017 Status Conference (Unopposed) by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump. (Pezzi, Stephen) |
ORDER granting #112 Motion to Continue -- The motion is granted on consent; The status conference previously scheduled for December 13, 2017, is cancelled. I respectfully direct the Clerk of Court to substitute Elaine C. Duke with Kirstjen M. Nielsen, in her official capacity as the Secretary of Homeland Security, and amend the case caption to read, "Batalla, et al. v. Nielsen, et al." Ordered by Magistrate Judge James Orenstein on 12/11/2017. (Drake, Shaw) |
Filing 111 MOTION for Leave to File Excess Pages for Plaintiffs' Brief (Unopposed) by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas. (Joachin, Mayra) |
ORDER granting in part and denying in part #110 Motion to Adjourn Conference -- The conference previously scheduled for November 30, 2017, is cancelled. The motion to adjourn the conference scheduled for December 13, 2017, is denied as premature without prejudice to renewal. Ordered by Magistrate Judge James Orenstein on 11/28/2017. (Drake, Shaw) |
Filing 110 MOTION to Adjourn Conference s (Unopposed) by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump. (Pezzi, Stephen) |
Filing 109 ORDER, Defendants' application to accelerate the briefing schedule is therefore DENIED without prejudice to refiling after the Second Circuit has resolved Defendants' petition for a writ of mandamus. So Ordered by Judge Nicholas G. Garaufis on 11/17/2017. (re: (79 in 1:17-cv-05228-NGG-JO) Letter filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Elaine C. Duke, U.S. Citizenship and Immigration Services, Donald Trump, United States of America, (100 in 1:16-cv-04756-NGG-JO) Letter filed by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump ) (Lee, Tiffeny) |
Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Pre-Motion Conference held on 11/16/2017. The court granted Plaintiffs leave to amend their #60 complaint. If Plaintiffs amend their complaint, they must do so by no later than January 5, 2018. The court set the following briefing schedule for Plaintiffs' anticipated motion for class certification: Plaintiffs shall file their motion by no later than December 15, 2017; and Defendants shall file their opposition by no later than January 13, 2018. The parties are directed to disregard the court's Individual Rule III(B), regarding the bundling of motion papers, for purposes of the anticipated motion. (Court Reporter Victoria Butler) (Scott, Conrad) Modified to correct court reporter appearance on 11/17/2017 (Lee, Tiffeny). |
Filing 108 NOTICE by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump Regarding Statement by USCIS (Pezzi, Stephen) |
Filing 107 REDACTION to #106 Letter - Corrected Version of Exhibits to Defendants' Nov. 14, 2017 Letter (Removing One Page That Had Inadvertently Included Personal Information) by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump (Pezzi, Stephen) |
Filing 106 Letter Clarifying Record Regarding Plaintiffs' Request for a Pre-Motion Conference by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump (Attachments: #1 Exhibits) (Pezzi, Stephen) |
Filing 105 MOTION for pre motion conference by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas. (Attachments: #1 Appendix A-C) (Wishnie, Michael) |
ORDER re: Plaintiffs' #105 Application for Pre-Motion Conference: The application is GRANTED. The parties are DIRECTED to appear for a pre-motion conference on November 16, 2017, at 10:00 AM in Courtroom 4D South. The court will address Plaintiffs' request to set a briefing schedule on their anticipated motion for class certification at the pre-motion conference. Ordered by Judge Nicholas G. Garaufis on 11/14/2017. (Scott, Conrad) |
Filing 104 MEMORANDUM & ORDER, For the reasons stated above. Defendants' motion to dismiss for lack of subject-matter jurisdiction (Dkt. #95 ) is GRANTED IN PART and DENIED IN PART. The following claims are dismissed: Batalla Vidal v. Duke, No. 16-CV-4756: Fourth claim for relief (Due Process Clause--Notice); New York v. Trump, No. 17-CV-5228: Second claim for relief (Due Process Clause--Information-Use Policy); Third claim for relief (Equitable Estoppel--Information-Use Policy); Seventh claim for relief (Due Process Clause--Notice). Defendants' motion to dismiss for lack of subject-matter jurisdiction is denied with respect to all other claims. The court RESERVES RULING on Defendants' motion to dismiss for failure to state a claim. So Ordered by Judge Nicholas G. Garaufis on 11/9/2017. (Lee, Tiffeny) |
Filing 103 MOTION to Adjourn Conference Currently Scheduled for Nov. 8, 2017 by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump. (Pezzi, Stephen) |
ORDER granting #103 Motion to Adjourn Conference -- The conference previously scheduled for November 8, 2017, is adjourned pending the resumption of discovery. Ordered by Magistrate Judge James Orenstein on 11/6/2017. (Drake, Shaw) |
Filing 102 RESPONSE in Opposition re #95 MOTION to Dismiss filed by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas. (Attachments: #1 Certificate of Service) (Hanson, Jessica) |
Filing 101 Letter Response Opposing Defendants Proposed Schedule by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas (Attachments: #1 Certificate of Service) (Rosenthal, Joshua) |
Filing 100 Letter Motion to Set Briefing Schedule by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump (Pezzi, Stephen) |
Filing 99 USCA ORDER - The stay entered on Friday, October 20, 2017 pending this hearing today by a three-judge panel is hereby extended until determination of the mandamus petition filed Monday, October 23, 2017. Resolution of the mandamus petition is deferred until such time as the District Court has considered and decided expeditiously issues of jurisdiction and justiciability. Response briefs on the mandamus petition may be filed promptly. The filing of any other or further briefs is deferred until further notice. Certified Copy Issued: 10/24/17. USCA #17-3345. See also 17-cv-5228. (McGee, Mary Ann) |
Filing 98 ORDER re: Plaintiffs' (96) Motion for Clarification or for Leave to File Excess Pages in No. 16-CV-4756. Plaintiffs in Batalla Vidal v. Duke, No. 16-CV-4756, and New York v. Trump, No. 17-CV-5228, need not address Defendants' arguments, other than those pertaining to issues of jurisdiction and justiciability, in their supplemental briefs due November 1, 2017. See the attached order. Ordered by Judge Nicholas G. Garaufis on 10/27/2017. (Scott, Conrad) |
Filing 97 NOTICE by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump re #95 MOTION to Dismiss - Errata to Memorandum of Law in support of Defendants' Motion to Dismiss (Marutollo, Joseph) |
Filing 96 Letter MOTION for Leave to File Excess Pages , or in the Alternative, for Clarification, by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas. (Joachin, Mayra) |
Filing 95 MOTION to Dismiss by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump. Responses due by 11/1/2017 (Attachments: #1 Memorandum in Support) (Pezzi, Stephen). |
ORDER re: Defendants' (94) Application for Leave to File Excess Pages in Case No. 16-CV-04756 and (70) Application for Leave to File Excess Pages in Case No. 17-CV-05228: The applications are granted. Ordered by Judge Nicholas G. Garaufis on 10/26/2017. (Scott, Conrad) |
Filing 94 MOTION for Leave to File Excess Pages for Defendants' Brief (Unopposed) by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump. (Marutollo, Joseph) |
ORDER re #93 Letter -- The parties have no obligation to brief discovery disputes while the stay is in effect. However, the parties are free to take into account the fact that the pendency stay only heightens the need to make swift progress to complete the exchange of information to which the parties are entitled in the limited time available when and if the discovery process resumes. Accordingly, to promote that necessary efficiency, any party anticipating the need for discovery relief is free to file a letter motion for such relief as it deems appropriate at any time while the stay is in effect. The opposing party may, but need not, file its opposition within two business days; should it elect not to do so, its opposition will be due no later than 48 hours after the issuance of any order lifting the stay. Ordered by Magistrate Judge James Orenstein on 10/24/2017. (Salvador, Anjali) |
ORDER: In light of the order issued by the U.S. Court of Appeals for the Second Circuit in In re Duke, No. 17-3345, on October 24, 2017 (Dkt. 42), Defendants are DIRECTED to submit, by no later than 12:00 noon on Friday, October 27, 2017, a supplemental brief explaining why the court lacks jurisdiction to consider the claims raised in Batalla Vidal v. Duke, No. 16-4756, and New York v. Trump, No. 17-CV-5228, or why such claims are otherwise non-justiciable. Plaintiffs in each of these cases are DIRECTED to submit supplemental briefs in opposition by no later than 12:00 noon on Wednesday, November 1, 2017. The parties should include all arguments in support of their positions in their briefs; the court will not consider arguments incorporated by reference to other filings in these or any other cases. Ordered by Judge Nicholas G. Garaufis on 10/24/2017. (Scott, Conrad) |
Filing 93 Letter by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas (Attachments: #1 Certificate of Service) (Joachin, Mayra) |
Filing 92 MOTION to Adjourn Conference (Unopposed) by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump. (Pezzi, Stephen) |
ORDER granting #92 Motion to Adjourn Conference -- The motion is granted on consent. The conference previously set for October 25, 2017, will be rescheduled immediately upon any resumption of discovery in this case. All other previously scheduled court appearance remain in effect. Ordered by Magistrate Judge James Orenstein on 10/23/2017. (Drake, Shaw) |
ORDER: In light of the stay issued on October 20, 2017, by the U.S. Court of Appeals for the Second Circuit, the parties' deadline for filing supplemental letter briefs discussing whether the privilege-log requirement should extend to materials considered by second-tier subordinates (Oct. 19, 2017, Order (No. 16-CV-4756, Dkt. 90) at 11) is ADJOURNED, pending further notice. Ordered by Judge Nicholas G. Garaufis on 10/23/2017. (Scott, Conrad) |
Filing 91 USCA ORDER - The Government's emergency motion for a stay of discovery and record supplementation in the proceedings before the District Court is GRANTED pending its consideration by a regular three-judge panel of the Court, it being understood that during the pendency of this emergency motion and the stay hereby granted no rights or claims of rights of any of the parties shall have been waived or forfeited. The stay is contingent upon the Government filing the "full petition for a writ of mandamus", as described in its papers, on October 23, 2017 by 3:00 p.m. EST. It is so ordered. Certified Copy Issued: 10/20/17. USCA #17-3345. See also 17-cv-5228 (McGee, Mary Ann) |
Filing 90 ORDER re: Motion to Stay in Case No. 1:16-cv-04756 (Dkt. 87) and Motion to Stay in Case No. 1:17-cv-05228 (Dkt. 64): The motion is denied for the reasons stated in the attached order. Ordered by Judge Nicholas G. Garaufis on 10/19/2017. (Scott, Conrad) |
Filing 89 ORDER granting (84) Motion to Produce in case 1:16-cv-04756-NGG-JO. For the reasons set forth in the attached document, I grant the motion to compel and respectfully direct the defendants to complete production of the administrative record by 3:00 p.m., Eastern Daylight Time, on October 27, 2017. Ordered by Magistrate Judge James Orenstein on 10/19/2017. (Orenstein, James) |
Filing 88 STATUS REPORT (Joint) by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas (Attachments: #1 Certificate of Service) (Ahmad, Muneer) |
Filing 87 Letter MOTION to Stay by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump. (Attachments: #1 Supporting Declarations) (Pezzi, Stephen) |
Filing 86 MEMORANDUM & ORDER, The Court GRANTS in part, DENIES in part and RESERVES RULING in part on Defendants' motion to vacate the Order (Dkt. 69). So Ordered by Judge Nicholas G. Garaufis on 10/17/2017. (Re: (69) Motion to Vacate in case 1:16-cv-04756-NGG-JO; and, (48) Motion to Vacate in case 1:17-cv-05228-NGG-JO) (Lee, Tiffeny) |
Filing 85 RESPONSE in Opposition re #84 Letter MOTION to Produce a Complete Administrative Record filed by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump. (Attachments: #1 Exhibit 1 - Email Chain re: Meet-and-Confer, #2 Exhibit 2 - Tenpas Memorandum) (Pezzi, Stephen) |
Filing 84 Letter MOTION to Produce a Complete Administrative Record by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas. (Attachments: #1 Exhibit A-B) (Ahmad, Muneer) |
Filing 83 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 11, 2017, before Judge James Orenstein. Court Reporter/Transcriber Linda A. Marino, Telephone number 718-613-2484. Email address: lindacsr@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/3/2017. Redacted Transcript Deadline set for 11/13/2017. Release of Transcript Restriction set for 1/11/2018. (Marino, Linda) |
Filing 82 SCHEDULING ORDER: At a conference on October 11, 2017, I made certain discovery rulings as to which the parties may seek review. See Fed. R. Civ. P. 72(a). Because the exigencies of this case make it impractical to allow the parties the full 14 days to file objections that would normally be available, I direct any party seeking review of this or any other ruling I make in this case to file objections no later than two business days after the ruling at issue unless otherwise ordered. See, e.g., Hispanic Counseling Ctr., Inc. v. Inc. Vill. of Hempstead, 237 F. Supp. 2d 284, 290 (E.D.N.Y. 2002). Responses to such objections shall be due two business days after the objections are filed unless otherwise ordered. Ordered by Magistrate Judge James Orenstein on 10/11/2017. (Orenstein, James) |
Filing 81 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 10/11/2017, ( Status Conference set for 11/30/2017 02:00 PM in Courtroom 11D South before Magistrate Judge James Orenstein.) SCHEDULING: (1) The next status conference will be held on October 25, 2017, at 2:00 p.m. (2) A further status conference will be held on November 8, 2017, at 2:00 p.m. (3) A further status conference will be held on November 30, 2017, at 2:00 p.m. (4) A further status conference will be held on December 13, 2017, at 2:00 p.m. SUMMARY: (1) The conference previously scheduled for November 29, 2017, was adjourned to November 30, 2017, at 2:00 p.m. (2) I provided information to the parties about former colleagues and friends of mine who are involved in the litigation. I see no need to disqualify myself sua sponte, but any party seeking my disqualification on the basis of that information may file a motion by October 18, 2017. (3) As set forth on the record, I overruled the defendants' objections to the depositions of Donald Neufeld and Gene Hamilton. Other discovery disputes were not ripe for resolution today. The plaintiffs shall file a letter motion to compel the defendants to complete their production of the administrative record by October 13, 2017, and the defendants shall respond by October 16, 2017. (Court Reporter Linda Marino.) (Orenstein, James) |
Filing 80 REPLY in Support re #69 Letter MOTION to Vacate in part Sept. 27, 2017 Case-Management and Scheduling Order filed by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump. (Pezzi, Stephen) |
Filing 79 Letter in Response to the Defendants' Objections to Discovery by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas (Rosenthal, Joshua) |
ORDER re docket entry #78 in CV 16-4756 and docket entry #57 in CV 17-5228 STATUS REPORT (Joint) -- The plaintiffs may file a response to the defendants' objections to discovery by 2:00 p.m. on October 10, 2017. Ordered by Magistrate Judge James Orenstein on 10/9/2017. (Guy, Alicia) |
Filing 78 STATUS REPORT (Joint) by Kathy A. Baran, Susan M. Curda, Elaine C. Duke, Kelvin Medlock, Donald W. Neufeld, Leon Rodriguez, Jefferson Beauregard Sessions, Donald J. Trump (Bailey, Kate) |
Filing 77 NOTICE by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump of Filing of Administrative Record (Attachments: #1 Ex. 1 - Administrative Record) (Pezzi, Stephen) |
ORDER granting #71 Motion for Leave to File -- The motion is granted. Law students Victoria Roeck and Healy Ko are authorized to appear under the supervision of attorney Michael Wishnie. Ordered by Magistrate Judge James Orenstein on 10/6/2017. (Drake, Shaw) |
Filing 76 NOTICE of Change of Address by Jessica Hanson (Hanson, Jessica) |
Filing 75 NOTICE of Change of Address by Mayra B. Joachin (Joachin, Mayra) |
Filing 74 NOTICE of Change of Address by Karen C. Tumlin (Tumlin, Karen) |
Filing 73 NOTICE of Appearance by Mary Bailey on behalf of All Defendants (aty to be noticed) (Bailey, Mary) |
Filing 72 ORDER re Defendants' Motion to Vacate in Part Magistrate Judge James Orenstein's Case Management and Scheduling Order: The Motion is GRANTED in part, as stated in the attached order. Defendants' time to submit a privilege log is extended to October 20, 2017. The court will address Defendants' remaining objections by separate order. Defendants are invited to file a reply, not to exceed five pages, to Plaintiffs' oppositions no later than October 10, 2017. Re (69) Motion to Vacate in Case 16-CV-4756-NGG-JO and (48) Motion to Vacate in Case 17-CV-5228-NGG-JO. Ordered by Judge Nicholas G. Garaufis on 10/3/2017. (Scott, Conrad) |
Filing 71 MOTION for Leave to File Law Student Appearances by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas. (Attachments: #1 Law Student Appearance Form of Victoria Roeck, #2 Law Student Appearance Form of Healy Ko) (Wishnie, Michael) |
Filing 70 RESPONSE in Opposition re #69 Letter MOTION to Vacate in part Sept. 27, 2017 Case-Management and Scheduling Order filed by All Plaintiffs. (Ahmad, Muneer) |
SCHEDULING ORDER: I respectfully direct the parties to appear before me for a status conference on each of the following dates, at 2:00 p.m. in courtroom 11D South: October 11, October 25, November 8, November 29, and December 13, 2017. I further respectfully direct the parties to submit a joint status report by October 6, 2017, in advance of the first conference scheduled above, and to submit a joint status report no later than one week before each subsequent conference. I will cancel any conference on the parties' unanimous request. Any counsel of record who wishes to listen to a conference by telephone may make arrangements to do so, but any counsel who wishes to be heard at a conference must appear in person. Ordered by Magistrate Judge James Orenstein on 10/2/2017. (Orenstein, James) |
Minute Entry for proceedings held before Judge Nicholas G. Garaufis and Magistrate Judge James Orenstein: Status Conference held on 9/26/2017. Counsel for all parties and for the States of Massachusetts, New York, and Washington present. The court revised the briefing schedule for Defendants' anticipated motion to dismiss and set a briefing schedule for Plaintiffs' anticipated motion for preliminary relief as follows: Defendants shall file their anticipated motion to dismiss, or a motion for summary judgment, and Plaintiffs shall file any motion for preliminary relief, by no later than December 15, 2017; and Plaintiffs shall file their opposition to Defendants' anticipated motion, and Defendants shall file their opposition to any motion for preliminary relief, by January 13, 2018. The parties are directed to disregard Individual Rule III(B), regarding bundling of motion papers, for purposes of these anticipated motions. The court will hear oral argument on the motion or motions on January 18, 2018. (Court Reporters Lisa Schmid and David Roy) (Scott, Conrad) |
ORDER re: Defendants' #69 Motion to Vacate in Part Magistrate Judge James Orenstein's #67 Case Management and Scheduling Order. Plaintiffs are DIRECTED to respond to Defendants' motion by no later than Tuesday, October 3, 2017, at 12 p.m. Ordered by Judge Nicholas G. Garaufis on 9/30/2017. (Scott, Conrad) |
Filing 69 Letter MOTION to Vacate in part Sept. 27, 2017 Case-Management and Scheduling Order by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump. (Pezzi, Stephen) |
Filing 68 Proposed Scheduling Order Joint Schedule Re: Discovery by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas (Wishnie, Michael) |
Filing 67 SCHEDULING ORDER: Joint proposal for schedule of bi-weekly status conferences to address outstanding discovery disputes due by: September 29, 2017. Deadline for all Rule 26(a)(1) disclosures: October 4, 2017. Deadline for defendants' production of administrative record and privilege log: October 6, 2017. Objections to discovery requests due by: 1 week after service of requests. Responses to discovery requests due by: 2 weeks after service of requests. Deposition errata due by: 1 week after deposition. Joint status report due by: 1 week before each status conference. All expert disclosures due by: November 15, 2017. All discovery to be completed by: December 15, 2017. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 9/27/2017. (Orenstein, James) |
Filing 66 Letter in Response to September 15, 2017 Order Regarding Discovery by Martin Jonathan Batalla Vidal (Cox, Justin) |
Filing 65 Letter in Response to Sept. 15, 2017 Order Regarding Defendants' Position on Discovery by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump (Pezzi, Stephen) |
Filing 64 NOTICE of Appearance by Joshua Rosenthal on behalf of All Plaintiffs (notification declined or already on case) (Rosenthal, Joshua) |
ORDER granting #63 Motion to Withdraw as Attorney -- The motion is granted; attorney Daniel Halainen and attorney Adam Kirschner terminated. Ordered by Magistrate Judge James Orenstein on 9/21/2017. (Miao, Tiffany) |
Filing 63 MOTION to Withdraw as Attorney by Kathy A. Baran, Susan M. Curda, Kelvin Medlock, Donald W. Neufeld, Leon Rodriguez. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order) (Halainen, Daniel) |
Filing 62 NOTICE of Appearance by Stephen M. Pezzi on behalf of All Defendants (aty to be noticed) (Pezzi, Stephen) |
ORDER granting #59 Motion for Leave to Appear Pro Hac Vice -- Attorney Joshua Rosenthal, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 27, 2017, Mr. Rosenthal shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Rosenthal shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Rosenthal shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/20/2017. (Miao, Tiffany) |
Filing 61 NOTICE of Voluntary Dismissal by Martin Jonathan Batalla Vidal, Make the Road New York against Kathy A. Baran, Kelvin Medlock, Susan M. Curda, Donald Neufeld, and Leon Rodriguez (Wishnie, Michael) |
Filing 60 AMENDED COMPLAINT Second against Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump, filed by Make the Road New York, Martin Jonathan Batalla Vidal. (Attachments: #1 Exhibit A-G) (Wishnie, Michael) |
Filing 59 MOTION for Leave to Appear Pro Hac Vice on behalf of Joshua A. Rosenthal Filing fee $ 150, receipt number 0207-9840907. by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: #1 Certificate of Good Standing) (Rosenthal, Joshua) |
Filing 58 ORDER: As discussed on the record at the conference in the Batalla Vidal action on September 14, 2017, I respectfully direct the parties to meet and confer about discovery. No later than September 22, 2017, the parties shall report their respective positions on the threshold question of whether discovery should proceed now or await the resolution of the defendants' anticipated motion for dismissal. By the same date, the parties shall submit their respective scheduling proposals in the event discovery is not stayed, as well as a proposed schedule for litigating any specific discovery disputes that the parties have identified as likely to arise. I will expect the parties to be prepared to discuss all matters relating to discovery at the next conference on September 26, 2017. In light of the fact that the parties to the Batalla Vidal action have agreed to the filing of a second amended complaint that will include claims that overlap with those already asserted in State of New York action, I encourage the plaintiffs' counsel in the latter case to participate in the meet-and-confer process in the former. Although issue has not yet been joined in the State of New York action, the participation of counsel from that case in the discovery planning process in the Batalla Vidal action will help to avoid needless burdens on the parties in each case. I therefore invite counsel for the parties in the State of New York action to appear at the conference in the Batalla Vidal action on September 26, 2017, and to participate in the discussion of issues relating to the discovery process. Ordered by Magistrate Judge James Orenstein on 9/15/2017. (Orenstein, James) |
Minute Entry for proceedings held before Judge Nicholas G. Garaufis and Magistrate Judge James Orenstein: Pre-Motion Conference held on 9/14/2017. Counsel for all parties present. The court GRANTED Plaintiffs leave to file a second amended complaint. Plaintiffs shall file their second amended complaint by 9/19/2017. The court GRANTED Defendants leave to file a motion to dismiss and, separately, GRANTED Plaintiffs leave to move for class certification. The court set the following schedule for the anticipated motions: Defendants shall serve their motion to dismiss, and Plaintiffs shall serve their motion for class certification, by 10/20/2017; the parties shall serve their respective responses by 11/17/2017; and the parties shall serve their respective replies and file the fully briefed motions by 12/15/2017. A status conference will be held on 9/26/2017, at 4:00 PM, at which the parties are DIRECTED to appear. Judge Orenstein will address discovery issues in a separate order. (Court Reporter Georgette Betts) (Scott, Conrad) |
ORDER granting #54 Motion for Leave to File -- The motion is granted. Law students David Chen, Hannah Schoen, and Emily Villano are authorized to appear under the supervision of attorney Michael Wishnie. Ordered by Magistrate Judge James Orenstein on 9/14/2017. (Miao, Tiffany) |
Filing 57 CERTIFICATE OF SERVICE by Martin Jonathan Batalla Vidal, Make the Road New York re #54 MOTION for Leave to File Law Student Appearances Corrected (Wishnie, Michael) |
Filing 56 Letter in Response to Order (ECF No. 51), Letter (ECF No. 52) by Kathy A. Baran, Susan M. Curda, Kelvin Medlock, Donald W. Neufeld, Leon Rodriguez (Rosenberg, Brad) |
Filing 55 NOTICE of Appearance by Brad Rosenberg on behalf of All Defendants (aty to be noticed) (Rosenberg, Brad) |
Filing 54 MOTION for Leave to File Law Student Appearances by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: #1 Law Student Intern Appearance Form of David Chen, #2 Law Student Intern Appearance Form of Hannah Schoen, #3 Law Student Intern Appearance Form of Emily Villano) (Wishnie, Michael) |
Filing 53 NOTICE of Appearance by Brett Shumate on behalf of All Defendants (aty to be noticed) (Shumate, Brett) |
Filing 52 Letter by Martin Jonathan Batalla Vidal, Make the Road New York (Wishnie, Michael) |
Filing 51 ORDER re Plaintiffs' #46 Application for Pre-Motion Conference. Plaintiffs are DIRECTED, by no later than Monday, September 11, 2017, to file either their proposed second amended complaint or a letter (1) identifying all claims Plaintiffs wish to assert in a second amended complaint, specifically including any claims for which Plaintiffs intend to seek class treatment; (2) describing the interests in this case of any additional parties Plaintiffs wish to add as plaintiffs in a second amended complaint; and (3) identifying any additional parties Plaintiffs wish to name as defendants and explaining why Plaintiffs intend to name such parties as defendants. The Government is DIRECTED, by no later than Wednesday, September 13, 2017, to file a letter stating, with as much specificity as possible, its position on Plaintiffs' proposal to amend their complaint. The parties should be prepared to discuss these filings at the pre-motion conference currently scheduled for September 14, 2017, at 2:30 p.m. Ordered by Judge Nicholas G. Garaufis on September 7, 2017. (Scott, Conrad) |
Filing 50 NOTICE of Appearance by Mayra B. Joachin on behalf of All Plaintiffs (notification declined or already on case) (Joachin, Mayra) |
Filing 49 NOTICE of Appearance by Jessica Hanson on behalf of All Plaintiffs (notification declined or already on case) (Hanson, Jessica) |
ORDER granting #47 Motion for Leave to Appear Pro Hac Vice -- Attorney Jessica Hanson, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 13, 2017, Ms. Hanson shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Hanson shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Hanson shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/6/2017. (Miao, Tiffany) |
ORDER granting #48 Motion for Leave to Appear Pro Hac Vice -- Attorney Mayra Joachin, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 13, 2017, Ms. Joachin shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Joachin shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Joachin shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/6/2017. (Miao, Tiffany) |
Filing 48 MOTION for Leave to Appear Pro Hac Vice Mayra B. Joachin Filing fee $ 150, receipt number 0207-9805274. by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: #1 Certificate of Good Standing) (Joachin, Mayra) |
Filing 47 MOTION for Leave to Appear Pro Hac Vice Jessica R. Hanson Filing fee $ 150, receipt number 0207-9804601. by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: #1 Certificate of Good Standing) (Hanson, Jessica) |
Filing 46 MOTION for pre motion conference by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: #1 Exhibit A-F) (Wishnie, Michael) |
ORDER re Plaintiffs' #46 Application for Pre-Motion Conference: The Application is GRANTED. The parties are instructed to confer and contact the court's Deputy at 718-613-2545 to schedule the pre-motion conference. Ordered by Judge Nicholas G. Garaufis on 9/5/2017. (Scott, Conrad) |
Filing 45 ORDER denying #44 Motion for Leave to Appear Pro Hac Vice -- The motion is denied without prejudice to renewal in conformity with this court's local rules, which require that an application for admission pro hac vice include a certificate from the state court of each state in which the applicant is a member of the bar confirming that the applicant is a member in good standing of the state court's bar. See Loc. Civ. R. 1.3(c). If and when the applicant seeks renewal, she must file a second motion for leave to appear pro hac vice. If the court grants the motion, counsel may request a refund of the second filing fee with the Clerk of the Court. Ordered by Magistrate Judge James Orenstein on 8/29/2017. (Miao, Tiffany) |
Filing 44 Notice of MOTION for Leave to Appear Pro Hac Vice of Jessica R. Hanson, Filing fee $ 150, receipt number 02079785605. by Martin Jonathan Batalla Vidal. (Attachments: #1 Payment Confirmation) (Barrett, C) |
Filing 43 NOTICE of Change of Mailing address and telephone number by Justin B. Cox (Cox, Justin) |
Filing 42 NOTICE of Appearance by Joseph Anthony Marutollo on behalf of All Defendants (aty to be noticed) (Marutollo, Joseph) |
Filing 41 ORDER granting #40 Motion to Stay Briefing Schedule. The Court hereby GRANTS Plaintiffs' and Defendants' joint motion to indefinitely stay the briefing schedule. Plaintiffs' and Defendants' joint status report to the Court is due on September 15,2017. So Ordered by Judge Nicholas G. Garaufis on 4/4/2017. (Lee, Tiffeny) |
Filing 40 Joint MOTION to Stay Briefing Schedule and Schedule Joint Status Report by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: #1 Proposed Order) (Wishnie, Michael) |
Filing 39 NOTICE of Appearance by Daniel Halainen on behalf of All Defendants (aty to be noticed) (Halainen, Daniel) |
Filing 38 ORDER granting Joint #37 Motion to Stay Briefing Schedule. Plaintiffs' response to Defendants' Motion to Dismiss and Motion in Opposition to Plaintiffs' Motion for Summary Judgment is due on April 17, 2017. Defendants' reply is due on May 15, 2017. So Ordered by Judge Nicholas G. Garaufis on 2/14/2017. (Lee, Tiffeny) |
Filing 37 Joint MOTION to Stay Briefing Schedule by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: #1 Proposed Order) (Wishnie, Michael) |
ORDER granting #34 Motion for Leave to File -- The motion is granted. The law students are authorized to appear under the supervision of attorney Michael J. Wishnie. Ordered by Magistrate Judge James Orenstein on 11/28/2016. (Miao, Tiffany) |
Filing 36 ORDER granting #35 Motion to Stay Briefing Schedule. Plaintiffs' response to Defendants' Motion to Dismiss and Motion in Opposition to Plaintiffs' Motion for Summary Judgment is due on February 20,2017. Defendant's reply is due on March 20,2017. The hearing currently scheduled for January 25,2017 will be postponed until briefing is completed. So Ordered by Judge Nicholas G. Garaufis on 11/21/2016. (Lee, Tiffeny) |
Filing 35 First MOTION to Stay Briefing Schedule by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: #1 Proposed Order) (Wishnie, Michael) |
Filing 34 MOTION for Leave to File Law Student Appearances by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: #1 Law Student Appearances) (Wishnie, Michael) |
Filing 33 SUMMONS Returned Executed by Make the Road New York, Martin Jonathan Batalla Vidal. Leon Rodriguez served on 10/11/2016, answer due 11/1/2016. (Wishnie, Michael) |
Filing 32 Summons Issued as to Leon Rodriguez, U.S. Attorney and U.S. Attorney General. (Lee, Tiffeny) |
Filing 31 NOTICE of Appearance by Justin B. Cox on behalf of All Plaintiffs (aty to be noticed) (Cox, Justin) |
Filing 30 Proposed Summons. by Martin Jonathan Batalla Vidal, Make the Road New York (Wishnie, Michael) |
Filing 29 AMENDED COMPLAINT against All Defendants, filed by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Wishnie, Michael) |
Filing 28 ORDER granting #27 Motion for Leave to Appear Pro Hac Vice -- Attorney Justin B. Cox, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 29, 2016, Mr. Cox shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Cox shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Cox shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/22/2016. (Howley, Thomas) |
Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Pre-Motion Conference held on 9/22/2016. Counsel for both parties present. The court granted leave for Plaintiff to file an amended complaint, and for both parties to file motions for dismissal or summary judgment. The court set the following schedule: Plaintiff shall file his amended complaint by September 29, 2016; Plaintiff shall serve his motion by October 6, 2016; Defendants shall serve their consolidated opposition and cross-motion by November 10, 2016; Plaintiff shall serve his reply, if any, and his consolidated opposition by November 30, 2016; and Defendants shall serve their reply, if any, and file the fully briefed motions by December 28, 2016. Oral argument is scheduled for January 25, 2017, at 2 p.m. The court granted Defendants' oral request to stay Defendants' answer to the anticipated amended complaint until 30 days after the court rules on the parties' dispositive motions. (Court Reporter Anthony Mancuso) (Polaris, Julian) |
Filing 27 MOTION for Leave to Appear Pro Hac Vice Justin Cox Filing fee $ 150, receipt number 0207-8931610. by Martin Jonathan Batalla Vidal. (Cox, Justin) |
Filing 26 NOTICE of Appearance by Marisol Orihuela on behalf of Martin Jonathan Batalla Vidal (notification declined or already on case) (Orihuela, Marisol) |
Filing 25 ORDER granting #24 Motion for Leave to Appear Pro Hac Vice -- Attorney Marisol Orihuela, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 27, 2016, Ms. Orihuela shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Orihuela shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Orihuela shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/20/2016. (Howley, Thomas) |
Filing 24 MOTION for Leave to Appear Pro Hac Vice on behalf of Marisol Orihuela Filing fee $ 150, receipt number 0207-8921984. by Martin Jonathan Batalla Vidal. (Orihuela, Marisol) |
Filing 23 NOTICE by Kathy A. Baran, Susan M. Curda, Kelvin Medlock, Donald W. Neufeld , Proposed Briefing Schedule (Kirschner, Adam) |
Filing 22 NOTICE of Appearance by Muneer Ahmad on behalf of Martin Jonathan Batalla Vidal (notification declined or already on case) (Ahmad, Muneer) |
Filing 21 NOTICE of Appearance by Adam Kirschner on behalf of All Defendants (aty to be noticed) (Kirschner, Adam) |
Filing 20 ORDER granting #18 Motion for Leave to Appear Pro Hac Vice -- Attorney Muneer I. Ahmad, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 15, 2016, Mr. Ahmad shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Ahmad shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Ahmad shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/8/2016. (Howley, Thomas) |
Filing 19 NOTICE of Appearance by Karen C. Tumlin on behalf of Martin Jonathan Batalla Vidal (notification declined or already on case) (Tumlin, Karen) |
Filing 18 MOTION for Leave to Appear Pro Hac Vice on behalf of Muneer I. Ahmad Filing fee $ 150, receipt number 0207-8892225. by Martin Jonathan Batalla Vidal. (Ahmad, Muneer) |
Filing 17 NOTICE of Appearance by Scott Dunn on behalf of All Defendants (aty to be noticed) (Dunn, Scott) |
Filing 16 NOTICE of Appearance by Clement Lee on behalf of Martin Jonathan Batalla Vidal (aty to be noticed) (Lee, Clement) |
Filing 15 ORDER granting #14 Motion for Leave to Appear Pro Hac Vice -- Attorney Karen C. Tumlin, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 8, 2016, Ms. Tumlin shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Tumlin shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Tumlin shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/1/2016. (Howley, Thomas) |
ORDER granting #13 Motion for Leave to File Law Student Appearances -- The motion is granted. The law students are authorized to appear under the supervision of attorney Michael J. Wishnie. Ordered by Magistrate Judge James Orenstein on 9/1/2016. (Howley, Thomas) |
Filing 14 MOTION for Leave to Appear Pro Hac Vice on behalf of Karen C. Tumlin Filing fee $ 150, receipt number 0207-8880437. by Martin Jonathan Batalla Vidal. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing) (Tumlin, Karen) |
Filing 13 MOTION for Leave to File Law Student Appearances by Martin Jonathan Batalla Vidal. (Attachments: #1 Law Student Intern Appearance Form of Willem Bloom, #2 Law Student Intern Appearance Form of Jordan Laris Cohen, #3 Law Student Intern Appearance Form of Amit Jain, #4 Law Student Intern Appearance Form of Aaron Korthuis, #5 Law Student Intern Appearance Form of Zachary Manfredi) (Wishnie, Michael) |
Filing 12 ORDER granting #11 Motion for Leave to Appear Pro Hac Vice -- Attorney Clement K. Lee, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 7, 2016, Mr. Lee shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Lee shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Lee shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 8/31/2016. (Howley, Thomas) |
Filing 11 First MOTION for Leave to Appear Pro Hac Vice on behalf of Clement Lee Filing fee $ 150, receipt number 0207-8878570. by Martin Jonathan Batalla Vidal. (Taylor, Amy) |
Filing 10 Letter MOTION for pre motion conference by Martin Jonathan Batalla Vidal. (Wishnie, Michael) |
Filing 9 SUMMONS Returned Executed by Martin Jonathan Batalla Vidal. All Defendants. (Wishnie, Michael) |
ORDER granting Plaintiff's #10 application for Pre-Motion Conference. The application is GRANTED. The parties are instructed to confer and contact the court's Deputy at 718-613-2545 to schedule the pre-motion conference. Ordered by Judge Nicholas G. Garaufis on 8/30/2016. (Polaris, Julian) |
ORDER denying #8 Motion for Leave to Appear Pro Hac Vice -- The motion is denied without prejudice to renewal in conformity with this court's local rules, which require that an application for admission pro hac vice include a certificate from the state court of each state in which the applicant is a member of the bar confirming that the applicant is a member in good standing of the state court's bar. See Loc. Civ. R. 1.3(c). Ordered by Magistrate Judge James Orenstein on 8/30/2016. (Howley, Thomas) |
Filing 8 MOTION for Leave to Appear Pro Hac Vice Karen C. Tumlin Filing fee $ 150, receipt number 0207-8875764. by Martin Jonathan Batalla Vidal. (Attachments: #1 Notice of Motion, #2 Affidavit in Support) (Tumlin, Karen) |
Filing 7 Summons Issued as to Kathy A. Baran, Susan M. Curda, Kelvin Medlock, Donald W. Neufeld. (Lee, Tiffeny) |
Filing 6 Proposed Summons. by Martin Jonathan Batalla Vidal (Wishnie, Michael) |
Filing 5 NOTICE of Appearance by Michael J. Wishnie on behalf of All Plaintiffs (aty to be noticed) (Wishnie, Michael) |
Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
Filing 2 Civil Cover Sheet.. by Martin Jonathan Batalla Vidal (Taylor, Amy) |
Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-8866017 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Martin Jonathan Batalla Vidal. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Civil Cover Sheet) (Taylor, Amy) |
Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge James Orenstein. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
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