State Of New York et al v. United States Department of Commerce et al Featured Case

This case involves a challenge to the decision by Secretary of Commerce to add a question to the 2020 Census about citizenship.

Plaintiff: State Of New York, State Of Connecticut, State of Delaware, District of Columbia, State of Illinois, State of Iowa, State of Maryland, Commonwealth of Massachusetts, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, Commonwealth of Pennsylvania, State of Rhode Island, Commonwealth of Virginia, State of Vermont, State of Washington, City of Chicago, City Of New York, City of Philadelphia, City of Providence, City and County of San Francisco, United States Conference of Mayors, City of Seattle, City of Pittsburgh, County of Cameron, State of Colorado, City of Central Falls, City of Columbus, County of El Paso, County of Monterey and County of Hidalgo
Defendant: United States Department of Commerce, Bureau of the Census, Wilbur L. Ross, Jr. and Ron S. Jarmin
Case Number: 1:2018cv02921
Filed: April 3, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Jesse M. Furman
Nature of Suit: Administrative Procedure Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. § 702
Jury Demanded By: None
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Docket Report

This docket was last retrieved on September 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 26, 2020 Opinion or Order Filing 698 MEMO ENDORSEMENT on re: 697 Notice of Settlement filed by New York Immigration Coalition, ADC Research Instittue, Make the Road -- New York, Arab-American Anti-Discrimination Committee, CASA de Maryland. ENDORSEMENT: SO ORDERED. (Signed by Judge Jesse M. Furman on 6/25/2020) (kv)
June 25, 2020 Filing 697 NOTICE of Settlement RE: FEES, EXPENSES, AND COSTS. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition..(Ho, Dale)
June 18, 2020 Opinion or Order Filing 696 ORDER granting 695 Letter Motion for Extension of Time. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 18, 2020 Filing 695 LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Dale E. Ho dated June 18, 2020. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition..(Ho, Dale)
May 21, 2020 Opinion or Order Filing 694 OPINION AND ORDER re: 635 MOTION for Sanctions : For the reasons given and to the extent set forth above, the NGO Plaintiffs' motion for discovery and sanctions is GRANTED in part and DENIED in part. In particular, pursuant to its authority under Rule 37(b)(2)(C), the Court orders Defendants to reimburse the NGO Plaintiffs for the fees and costs they incurred in addressing Defendants' admittedly incomplete productions. Within three weeks of this Opinion and Order, Defendants and the NGO Plaintiffs shall meet and confer in an effort to resolve any disputes over the amount of attorney's fees reasonably incuned by the NGO Plaintiffs' in the course of litigating their motion for sanctions and, if successful, shall promptly file a joint stipulation in accordance with the Court's Individual Rules and Practices. Within thirty days of this Opinion and Order, the NGO Plaintiffs shall file a supplemental application for any fees remaining in dispute, in the form of a letter-motion not to exceed three pages, supported by contemporaneous time records or other appropriate documentation. See M D. v. NYC. Dep't of Educ., No. 17-CV-2417 (JMF), 2018 WL 4386086, at *6 (S.D.N.Y. Sept. 14, 2018). Defendants shall file any opposition within two weeks of the NGO Plaintiffs' submission. No reply may be filed absent leave of Court (Signed by Judge Jesse M. Furman on 5/21/2020) (ab)
March 13, 2020 Filing 693 LETTER addressed to Judge Jesse M. Furman from James J. Gilligan, Counsel for Defendants dated March 13, 2020 re: Plaintiffs' Letters of March 2, 2020. Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., United States Department of Commerce..(Gilligan, James)
March 2, 2020 Filing 692 LETTER addressed to Judge Jesse M. Furman from James J. Gilligan, Counsel for Defendants dated March 2, 2020 re: Response to Memo Endorsement (ECF No. 682). Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., United States Department of Commerce..(Gilligan, James)
March 2, 2020 Filing 691 LETTER addressed to Judge Jesse M. Furman from Matthew Colangelo dated March 2, 2020 re: Governmental Plaintiffs' response to the Court's January 2, 2020 Order. Document filed by State Of New York..(Colangelo, Matthew)
March 2, 2020 Filing 690 LETTER addressed to Judge Jesse M. Furman from John A. Freedman dated March 2, 2020 re: NYIC Plaintiffs Statement of Position re: Defendants' Newly Produced Materials. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-7, # 3 Exhibit 8, # 4 Exhibit 9-10, # 5 Exhibit 11, # 6 Exhibit 12).(Freedman, John)
February 24, 2020 Filing 689 LETTER addressed to Judge Jesse M. Furman from Carol Federighi dated 02/24/20 re: Response to Court Order of Jan. 2, 2020. Document filed by Bureau of the Census, Steven Dillingham, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit Declaration of Carol Federighi).(Federighi, Carol)
February 5, 2020 Opinion or Order Filing 688 MEMO ENDORSED ORDER granting 687 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate Mr. Burnham as counsel and to terminate ECF No. 687. SO ORDERED. (Attorney James Burnham terminated.) (Signed by Judge Jesse M. Furman on 2/5/20) (yv)
February 4, 2020 Filing 687 MOTION for James Mahoney Burnham to Withdraw as Attorney . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Steven Dillingham, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce.Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF.(Burnham, James)
February 3, 2020 Opinion or Order Filing 686 MEMO ENDORSEMENT on re: 685 Letter, filed by Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Steven Dillingham. ENDORSEMENT: SO ORDERED. (Signed by Judge Jesse M. Furman on 2/3/2020) (ks)
February 3, 2020 Filing 685 LETTER addressed to Judge Jesse M. Furman from James J. Gilligan, Counsel for Defendants dated February 3, 2020 re: Agreed Modification of Production Schedule. Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., United States Department of Commerce..(Gilligan, James)
January 21, 2020 Opinion or Order Filing 684 ORDER TERMINATING APPEARANCE OF AJAY SAINI granting 683 Motion to Withdraw as Attorney. WHEREAS, the Court has reviewed the motion of Ajay Saini seeking leave to withdraw as an attorney of record in this matter, as well his declaration in support thereof; IT IS HEREBY ORDERED THAT the appearance of Ajay Saini in this matter is terminated; IT IS FURTHER ORDERED THAT the Clerk of Court shall remove Mr. Saini from the docket sheet in this matter. The Clerk of Court is directed to terminate ECF No. 683. Attorney Ajay Paul Saini terminated. (Signed by Judge Jesse M. Furman on 1/21/2020) (mro)
January 17, 2020 Filing 683 MOTION for Ajay Saini to Withdraw as Attorney . Document filed by State Of New York. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Saini, Ajay)
January 2, 2020 Opinion or Order Filing 682 MEMO ENDORSEMENT on re: 679 Letter, filed by Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Steven Dillingham. ENDORSEMENT: Defendants shall review and produce any documents (or portions of documents) that are responsive to Plaintiffs' discovery requests served during the merits phase of the litigation according to the following schedule: No later than January 10, 2020, Defendants shall review the e-mails obtained from the six priority custodians and produce any non-privileged messages (or portions of messages). No later than January 24, 2020, Defendants shall review the attachments to the foregoing e-mails and produce any nonprivileged documents (or portions of documents). No later than February 7, 2020, Defendants shall review all remaining e-mails and produce any non-privileged messages (or portions of messages). No later than February 21, 2020, Defendants shall review all other documents and produce any non-privileged documents (or portions of documents). The parties shall meet and confer after each round of production and advise the Court if they believe that the foregoing schedule should be modified in any way. Further, within two days of the final production, Defendants shall file a sworn declaration confirming that the production has been completed. Within one week thereafter, the parties shall file letters indicating their views on what bearing, if any, the newly produced documents have with respect to the pending motion for sanctions. The Court recognizes that the foregoing schedule is more aggressive than the one Defendants proposed and that it will impose burdens on the Department of Justice. But Defendants have no one but themselves to blame since the documents at issue should have been produced a year and a half ago. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/2/2020) (jca)
January 2, 2020 Opinion or Order Filing 681 ORDER TERMINATING APPEARANCE OF JONATHAN B. MILLER granting 680 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED THAT the appearance of Jonathan B. Miller in this matter is terminated; IT IS FURTHER ORDERED THAT the Clerk of Court shall remove Mr. Miller from the docket sheet in this matter. IT IS SO ORDERED. The Clerk of Court is directed to terminate Docket No. 680. Attorney Jonathan Benjamin Miller terminated. (Signed by Judge Jesse M. Furman on 1/2/2020) (mml)
January 2, 2020 Filing 680 MOTION for Jonathan Miller to Withdraw as Attorney . Document filed by Commonwealth of Massachusetts. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Miller, Jonathan)
December 27, 2019 Filing 679 LETTER addressed to Judge Jesse M. Furman from James J. Gilligan dated December 27, 2019 re: Defendants' Statement of Position in Response to the Court's Order of December 20, 2019. Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., United States Department of Commerce.(Gilligan, James)
December 27, 2019 Filing 678 LETTER addressed to Judge Jesse M. Furman from John A. Freedman dated December 27, 2019 re: Plaintiffs' Statement of Position Regarding Defendants' Discovery of Unproduced Materials. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, City Of New York, City and County of San Francisco, City of Central Falls, City of Chicago, City of Columbus, City of Philadelphia, City of Phoenix, City of Pittsburgh, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of Hidalgo, County of Monterey, District of Columbia, Make the Road -- New York, New York Immigration Coalition, State Of Connecticut, State Of New York, State of Colorado, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Freedman, John)
December 20, 2019 Opinion or Order Filing 677 MEMO ENDORSEMENT on re: 676 Letter State of New York v. U.S. Dep't of Commerce, No. 18-cv-2921, filed by Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Steven Dillingham. ENDORSEMENT: The Court is inclined to believe that, under the circumstances (including but not limited to the pending motion for sanctions), Defendants should be required to complete their review of the new documents more quickly than they have proposed. Indeed, the Court would think that counsel could use software to immediately de-duplicate the documents and then swiftly review any unique documents without the need to even use search terms (which is part of what caused these problems in the first place). Counsel shall confer about these matters, and about whether there are "search parameters... that would allow for a more targeted review of the documents in question and more expedited production of pertinent information, if any," and submit a joint letter regarding next steps (and any other relevant issues) no later than December 27, 2019. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/20/19) (yv)
December 19, 2019 Filing 676 LETTER addressed to Judge Jesse M. Furman from James J. Gilligan, Counsel for Defendants dated December 19, 2019 re: State of New York v. U.S. Dep't of Commerce, No. 18-cv-2921. Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., United States Department of Commerce.(Gilligan, James)
December 13, 2019 Opinion or Order Filing 675 ORDER granting 674 Letter Motion for Leave to File Letter Responding to Plaintiffs' December 3, 2019, Letters. Defendants' letter to Plaintiffs' counsel dated November 25, 2019, stated that they were "still investigating... to determine whether any other documents were similarly inadvertently omittedfrom production." ECF No. [669-1], at 2. Defendants' letter of yesterday reports that Defendants have been "unable to discover the cause" of why the documents disclosed on November 25th were not disclosed earlier - whether it was "human error or a technical snafu," ECF No. 674 , at 4 - but says nothing about the status of the investigation into whether there are "any other documents" that "were similarly inadvertently omitted from production." No later than December 19, 2019, Defendants shall file a letter indicating the status of that investigation, including but not limited to when they expect the investigation (and any further production of previously undisclosed documents) to be completed. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
December 12, 2019 Filing 674 LETTER MOTION for Leave to File Letter Responding to Plaintiffs' December 3, 2019, Letters addressed to Judge Jesse M. Furman from James J. Gilligan dated December 12, 2019. Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., United States Department of Commerce.(Gilligan, James)
December 3, 2019 Filing 673 NOTICE of Letter Re Motion for Leave to File Sur-reply in Support of Sanctions re: 670 Order,,. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Exhibit 46A - Christa Jones Document List Amended, # 2 Exhibit G - E-mail from Ehrlich, # 3 Exhibit H - E-mail from Bailey)(Ho, Dale)
December 3, 2019 Filing 672 LETTER addressed to Judge Jesse M. Furman from Matthew Colangelo dated December 3, 2019 re: Governmental Plaintiffs' response to the Court's November 26, 2019 Order (Docket No. 670). Document filed by State Of New York.(Colangelo, Matthew)
November 27, 2019 Filing 671 NOTICE of of Errata re: 667 Response in Opposition to Motion,. Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Errata (Defendants' Sur-Reply in Opposition to NYIC Plaintiffs' Motion for Sanctions) (corrected))(Gilligan, James)
November 26, 2019 Opinion or Order Filing 670 ORDER re: 669 Letter filed by Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Steven Dillingham. No later than December 3, 2019, Plaintiffs shall file a letter indicating their views on whether Defendants' letter of November 25, 2019 (including the prospect of "other documents" that were "similarly inadvertently omitted from production" in this case) has any bearing on the pending motion for sanctions. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/26/2019) (Text Only Order) (Furman, Jesse)
November 25, 2019 Filing 669 LETTER addressed to Judge Jesse M. Furman from James J. Gilligan, Counsel for Defendants dated November 25, 2019 re: State of New York v. U.S. Dep't of Commerce, No. 18-cv-2921. Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit (Enclosure))(Gilligan, James)
November 22, 2019 Filing 668 LETTER addressed to Judge Jesse M. Furman from Matthew Colangelo dated November 22, 2019 re: the NYIC Plaintiffs' motion for sanctions. Document filed by State Of New York.(Colangelo, Matthew)
November 22, 2019 Filing 667 RESPONSE in Opposition to Motion re: 635 MOTION for Sanctions . (Defendants' Sur-Reply in Opposition to NYIC Plaintiffs' Motion for Sanctions). Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit (Defendants' Exhibits 28-31))(Gilligan, James)
November 15, 2019 Filing 666 LETTER addressed to Judge Jesse M. Furman from Dale Ho dated November 15, 2019 re: Informing Court of Correction to Surreply. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition.(Ho, Dale)
November 15, 2019 Filing 665 REPLY re: 635 MOTION for Sanctions . Surreply in Support of Motion for Sanctions. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F)(Ho, Dale)
November 15, 2019 Opinion or Order Filing 664 ORDER granting 663 Letter Motion for Leave to File Surreply In Support of Motion for Sanctions. The NYIC Plaintiffs are granted leave to file the proposed surreply, and shall do so - as a standalone document - today. Defendants are granted leave to file a response to the surreply, not to exceed six pages, by November 22, 2019. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
November 14, 2019 Filing 663 LETTER MOTION for Leave to File Surreply In Support of Motion for Sanctions addressed to Judge Jesse M. Furman from Dale Ho dated November 14, 2019. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Exhibit 1: Proposed Surreply in Support of Motion for Sanctions)(Ho, Dale)
November 1, 2019 Opinion or Order Filing 662 ORDER TERMINATING APPEARANCE OF DANIELLE FIDLER granting 661 Motion to Withdraw as Attorney: IT IS HEREBY ORDERED THAT the appearance of Danielle Fidler in this matter is terminated; IT IS FURTHER ORDERED THAT the Clerk of Court shall remove Ms. Fidler from the docket sheet in this matter. The Clerk of Court is directed to terminate Docket No. 661. (Attorney Danielle Fidler terminated.) (Signed by Judge Jesse M. Furman on 11/1/2019) (jwh)
November 1, 2019 Filing 661 MOTION for Danielle C Fidler to Withdraw as Attorney . Document filed by State Of New York. (Attachments: # 1 Affidavit of Danielle Fidler in Support of Motion, # 2 Text of Proposed Order Terminating Appearance)(Fidler, Danielle)
October 29, 2019 Filing 660 NOTICE OF CHANGE OF ADDRESS by Kathleen Konopka on behalf of District of Columbia. New Address: DC OAG, 441 4th Street NW, Suite 630 S, Washington, D.C., USA 20001, (202) 724-6610. (Konopka, Kathleen)
October 16, 2019 Opinion or Order Filing 659 MEMO ENDORSED ORDER granting 657 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED, except that Ms. Bailey shall remain subject to the Court's jurisdiction for any reason related to these cases and available in the event her attendance is required at any future hearings as required by this Court. The Clerk of Court is directed to terminated ECF No. 657. SO ORDERED. (Attorney Kate Bailey terminated.) (Signed by Judge Jesse M. Furman on 10/13/19) (yv)
October 11, 2019 Opinion or Order Filing 658 ORDER TERMINATING APPEARANCE OF VALERIE M. NANNERY granting 656 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED THAT the appearance of Valerie M. Nannery in this matter is terminated; IT IS FURTHER ORDERED THAT the Clerk of Court shall remove Ms. Nannery from the docket sheet in this matter. IT IS SO ORDERED. (Attorney Valerie M. Nannery terminated.) (Signed by Judge Jesse M. Furman on 10/11/19) (yv)
October 11, 2019 Filing 657 MOTION for Kate Bailey to Withdraw as Attorney . Document filed by Bureau of the Census, Steven Dillingham, Ron S. Jarmin, United States Department of Commerce. (Attachments: # 1 Affidavit)(Bailey, Kate)
October 10, 2019 Filing 656 MOTION for Valerie Maria Nannery to Withdraw as Attorney . Document filed by District of Columbia. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Nannery, Valerie)
October 10, 2019 Filing 655 NOTICE OF APPEARANCE by Kathleen Konopka on behalf of District of Columbia. (Konopka, Kathleen)
August 9, 2019 Filing 654 REPLY MEMORANDUM OF LAW in Support re: 635 MOTION for Sanctions . . Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Freedman, John)
August 7, 2019 Opinion or Order Filing 653 ORDER: Earlier today, the United States Court of Appeals for the Second Circuit granted Defendants' motion to dismiss the appeal in this matter and issued the mandate. See ECF No. 652. In light of that, and to cure any doubt with respect to the Court's jurisdiction to do so, the Court reissues the decree agreed to by the parties and first issued upon Plaintiffs' unopposed motion on July 16, 2019, ECF No. 634, a copy of which decree is attached to and incorporated into this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/07/2019) (ama)
August 7, 2019 Filing 652 MANDATE of USCA (Certified Copy) as to (576 in 1:18-cv-02921-JMF, 168 in 1:18-cv-05025-JMF) Notice of Appeal,, filed by Wilbur L. Ross, Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Steven Dillingham. USCA Case Number 19-212. Appellants move for voluntary dismissal of the appeal. IT IS HEREBY ORDERED that the motion is GRANTED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/07/2019. Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(nd)
August 7, 2019 Terminate Transcript Deadlines (ama)
August 6, 2019 Filing 651 NOTICE of of Errata re: 648 Response in Opposition to Motion,. Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., United States Department of Commerce. (Gilligan, James)
August 5, 2019 Opinion or Order Filing 650 MEMO ENDORSEMENT on re: 647 Notice of Settlement filed by New York Immigration Coalition, ADC Research Instittue, Make the Road -- New York, Arab-American Anti-Discrimination Committee, CASA de Maryland. ENDORSEMENT: SO ORDERED. (Signed by Judge Jesse M. Furman on 8/5/2019) (ne)
August 3, 2019 Filing 649 LETTER MOTION for Extension of Time to File Response/Reply as to 648 Response in Opposition to Motion, (nunc pro tunc) addressed to Judge Jesse M. Furman from James J. Gilligan dated August 3, 2019. Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., United States Department of Commerce.(Gilligan, James)
August 3, 2019 Filing 648 RESPONSE in Opposition to Motion re: 635 MOTION for Sanctions . . Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit (Exhibits 1-27))(Gilligan, James)
August 2, 2019 Filing 647 NOTICE of Settlement . Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Ho, Dale)
August 1, 2019 Filing 646 MANDATE of USCA (Certified Copy) USCA Case Number 18-2652; 18-2659. In light of the Supreme Court's decision in Department of Commerce v. New York, 139 S. Ct. 2551, 2574 (2019), our prior orders of September 25, 2018, and October 9, 2018, are hereby VACATED. The Clerk of Court is directed to issue the mandate forthwith... Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/01/2019. (nd)
August 1, 2019 Opinion or Order Filing 645 ORDER TERMINATING APPEARANCE OF DAVID HAUSMAN granting 644 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED THAT the appearance of David Hausman in this matter is terminated; IT IS FURTHER ORDERED THAT the Clerk of Court shall remove Mr. Hausman from the docket sheet in this matter. The Clerk of Court is directed to terminate ECF No. 644. IT IS SO ORDERED. (Signed by Judge Jesse M. Furman on 8/1/2019) Attorney David Kautsky Hausman terminated (ks)
July 31, 2019 Filing 644 MOTION for David Hausman to Withdraw as Attorney . Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Hausman Declaration, # 2 Text of Proposed Order)(Ho, Dale)
July 31, 2019 Filing 643 MANDATE of USCA (Certified Copy) USCA Case Number 18-2856; 18-2857. In light of the Supreme Court's decision in Department of Commerce v. New York, 139 S. Ct. 2551, 2574 (2019), our prior order of October 9, 2018 regarding the District Court's authorization of extra-record discovery is hereby VACATED. The Clerk is directed to issue the mandate forthwith.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/31/2019. Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(nd) Modified on 8/7/2019 (nd).
July 31, 2019 Transmission of USCA Mandate to the District Judge re: (185 in 1:18-cv-05025-JMF, 643 in 1:18-cv-02921-JMF) USCA Mandate,,. Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(nd)
July 24, 2019 Opinion or Order Filing 642 ORDER granting (641) Letter Motion for Extension of Time in case 1:18-cv-02921-JMF; granting (183) Letter Motion for Extension of Time in case 1:18-cv-05025-JMF. In response to the parties' joint motion for extensions, the upcoming deadlines in this litigation are hereby EXTENDED, but only as follows: Defendants' opposition to Plaintiffs' motion for sanctions is due August 2, 2019. Any reply is due August 9, 2019. Plaintiffs' application for costs and fees is due August 2, 2019. Any opposition is due August 12, 2019. Any reply is due August 15, 2019. Defendants' counsel are reminded - again, see ECF No. 623, 3 n.2 - that because these cases have been consolidated for all purposes, all documents should be filed only in 18-CV-2921. The Clerk of Court is directed to terminate ECF No. 641 in 18-CV-2921 and ECF No. 183 in 18-CV-5025. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/24/2019) Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF (ne)
July 24, 2019 Set/Reset Deadlines: Motions due by 8/2/2019. Responses due by 8/12/2019. Replies due by 8/15/2019. (ne)
July 23, 2019 Filing 641 JOINT LETTER MOTION for Extension of Time to File Opposition and Reply re: NYIC Plaintiffs Motion for Sanctions, and for Extension of Time for Plaintiffs to File Motion for Attorney's Fees addressed to Judge Jesse M. Furman from James J. Gilligan, Counsel for Defendants dated July 23, 2019. Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Wilbur L. Ross, United States Department of Commerce.Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(Gilligan, James)
July 23, 2019 Filing 640 NOTICE OF APPEARANCE by James Jordan Gilligan on behalf of Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Wilbur L. Ross, United States Department of Commerce. Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(Gilligan, James)
July 18, 2019 Mailed a copy of 639 Order on Motion to Intervene, Order on Motion for Order to Show Cause, to Heghmann 933 Wyden Drive Virginia Beach VA 23462. (vba)
July 17, 2019 Opinion or Order Filing 639 ORDER denying (636) Motion to Intervene; denying (638) Motion for Order to Show Cause in case 1:18-cv-02921-JMF; denying (178) Motion to Intervene; denying (180) Motion for Order to Show Cause in case 1:18-cv-05025-JMF. Accordingly, Heghmann's motions to intervene and for an order to show cause are DENIED. The Clerk of Court is directed to terminate 18-CV-2921, Docket Nos. 636 and 638; and 18-CV-5025, Docket Nos. 178 and 180; and to mail a copy of this Order to Heghmann. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/17/2019) Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF (ne) Transmission to Docket Assistant Clerk for processing.
July 16, 2019 Filing 638 PLAINTIFF'S APPLICATION FOR AN ORDER SHOW CAUSE, re: for Order to Show Cause.Document filed by Robert A. Heghmann, Plaintiff-Intervenor. (Attachments: # 1 Envelope)Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(sc)
July 16, 2019 Filing 637 PLAINTIFF-INTERVENOR ROBERT A. HEGHMANN'S MEMORANDUM OF LAW IN SUPPORT OF HIS MOTION TO INTERVENE, re: (178 in 1:18-cv-05025-JMF, 636 in 1:18-cv-02921-JMF) MOTION to Intervene. Document filed by Robert A. Heghmann.Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(sc)
July 16, 2019 Filing 636 PLAINTIFF-INTERVENOR ROBERT A. HEGHMANN'S MOTION TO INTERVENE; re: to Intervene.Document filed by Robert A. Heghmann. (Attachments: # 1 Envelope)Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(sc)
July 16, 2019 Filing 635 MOTION for Sanctions . Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-20, # 3 Exhibit 21-30, # 4 Exhibit 31-40, # 5 Exhibit 41-49)(Freedman, John)
July 16, 2019 Opinion or Order Filing 634 ORDER terminating 616 Motion to Alter Judgment ; denying as moot 632 Letter Motion for Leave to File Document; terminating 633 Letter Motion for Extension of Time to File Response/Reply. Defendants, including the Secretary of Commerce in his official capacity, the Director of the Census Bureau in his official capacity, and any successors to those offices, together with their agents, servants, employees, attorneys, and other persons who are in active concert or participation with the foregoing ("Enjoined Persons"), see Fed. R. Civ. P. 65(d)(2), are PERMANENTLY ENJOINED from including a citizenship question on the 2020 decennial census questionnaire; from delaying the process of printing the 2020 decennial census questionnaire after June 30, 2019 for the purpose of including a citizenship question; and from asking persons about citizenship status on the 2020 census questionnaire or otherwise asking a citizenship question as part of the 2020 decennial census. Upon entry of judgment, Plaintiffs will withdraw as moot their Motion to Amend Judgment on Remand Pursuant to Rule 59(e), or for Injunctive Relief Pursuant to the All Writs Act. The Court will retain jurisdiction in this case to enforce the terms of this Order until the 2020 census results are processed and sent to the President by December 31, 2020. Plaintiffs' Motion to Amend Judgment on Remand Pursuant to Rule 59(e), or for Injunctive Relief Pursuant to the All Writs Act is hereby deemed WITHDRAWN as moot, and the oral argument scheduled for July 23, 2019, is therefore CANCELED. Defendants' letter motion seeking an extension of time to respond to Plaintiffs' motion is DENIED as moot. Plaintiffs shall file any motion for attorney's fees (only after conferring with defense counsel in an effort to reach agreement and avoid the need for, or narrow, any motion practice) by July 30, 2019; any opposition to such a motion shall be filed by August 9, 2019; and any reply shall be filed by August 13, 2019. The Clerk of Court is directed to terminate Docket Nos. 616, 632, and 633. (Signed by Judge Jesse M. Furman on 7/16/2019) (ne)
July 16, 2019 Filing 633 SECOND LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Jesse M. Furman from Daniel A. Schiffer dated July 16, 2019. Document filed by Bureau of the Census, Steven Dillingham, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.(Schiffer, Daniel)
July 16, 2019 Filing 632 LETTER MOTION for Leave to File Proposed Order (unopposed) addressed to Judge Jesse M. Furman from Matthew Colangelo dated July 16, 2019. Document filed by State Of New York. (Attachments: # 1 Text of Proposed Order)(Colangelo, Matthew)
July 16, 2019 Set/Reset Deadlines: Motions due by 7/30/2019. Responses due by 8/9/2019. Replies due by 8/13/2019. (ne)
July 15, 2019 Filing 631 NOTICE OF APPEARANCE by Aimee Diane Thomson on behalf of Commonwealth of Pennsylvania. (Thomson, Aimee)
July 12, 2019 Opinion or Order Filing 630 ORDER granting 629 Letter Motion for Extension of Time. Motion GRANTED. The parties' respective deadlines are extended as set forth herein. No further extensions of those deadlines are likely to be granted, however. The Clerk of Court is directed to terminate Docket No. 629. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/12/2019) (ne)
July 12, 2019 Filing 629 JOINT LETTER MOTION for Extension of Time regarding today's briefing deadlines, on behalf of all parties with permission addressed to Judge Jesse M. Furman from Matthew Colangelo dated July 12, 2019. Document filed by State Of New York.(Colangelo, Matthew)
July 12, 2019 Opinion or Order Filing 628 MEMO ENDORSEMENT on re: 627 Notice (Other) filed by Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Ron S. Jarmin. ENDORSEMENT: All dates and deadlines remain in effect, including today's deadline for Defendants to respond to Plaintiffs' motion to alter or amend the judgment. The parties shall confer promptly about the need for further proceedings in connection with that motion, and in the event of any stipulated resolution, shall immediately file an executed stipulation on ECF. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/12/2019) (ne)
July 12, 2019 Set/Reset Deadlines: Motions due by 7/16/2019. Responses due by 7/16/2019 (ne)
July 11, 2019 Filing 627 NOTICE of LETTER NOTICE OF EXECUTIVE ORDER. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Executive Order)(Schiffer, Daniel)
July 11, 2019 Opinion or Order Filing 626 ORDER granting 625 Letter Motion for Leave to File Excess Pages. Plaintiffs' motion for excess pages is GRANTED on consent of Defendants. The page limits for both Plaintiffs' and Defendants' principal briefs in connection with Plaintiffs' forthcoming motion for sanctions and other relief are enlarged to 35 pages. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 11, 2019 Filing 625 CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Jesse M. Furman from Elena Goldstein dated July 11, 2019. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition, State Of New York.(Goldstein, Elena)
July 11, 2019 Filing 624 NOTICE OF APPEARANCE by Brinton Lucas on behalf of Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., United States Department of Commerce. (Lucas, Brinton)
July 9, 2019 Opinion or Order Filing 623 MEMORANDUM OPINION AND ORDER re: (173 in 1:18-cv-05025-JMF, 618 in 1:18-cv-02921-JMF) MOTION for Kate Bailey, James Burnham, Garrett Coyle, Stephen Ehrlich, Carol Federighi, Joshua Gardner, John Griffiths, Martin Tomlinson, Carlotta Wells, Brett Shumate, Alice LaCour to Withdraw as Attorney filed by Wilbur L. Ross, Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Steven Dillingham. Accordingly, Defendants' motion is DENIED without prejudice to renewal as to all counsel other than Mr. Shumate and Ms. LaCour, as to which the motion is GRANTED. Any new motions to withdraw shall be supported by a signed and sworn affidavit from each counsel seeking to withdraw (1) stating "satisfactory reasons" for withdrawing at this stage of the litigation and (2) in light of Plaintiffs' forthcoming motion for sanctions, see Docket No. 616, at 4 n.2, confirming that (a) he or she submits to the jurisdiction of this Court with respect to that motion and any future motions (or orders to show cause) regarding sanctions and (b) he or she will be available in the event that the Court requires his or her attendance at any future hearings regarding such motions or orders. In the event any new motion is filed, new counsel for Defendants shall also file an affidavit providing unequivocal assurances that the substitution of counsel will not delay further litigation of this case (or any future related case). The Clerk of Court is directed to docket this in 18-CV-2921 and 18-CV-5025, to terminate Mr. Shumate and Ms. LaCour as counsel in both 18-CV-2921 and 18-CV-5025, and to terminate 18-CV-2921, Docket No. 618, and 18-CV-5025, Docket No. 173. Attorney Alice Shih LaCour and Brett Shumate terminated. (Signed by Judge Jesse M. Furman on 7/9/2019) Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(ne)
July 9, 2019 Filing 622 NOTICE OF APPEARANCE by Christopher R. B. Reimer on behalf of Bureau of the Census, Steven Dillingham, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(Reimer, Christopher)
July 9, 2019 Filing 621 NOTICE OF APPEARANCE by Daniel Schiffer on behalf of Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(Schiffer, Daniel)
July 9, 2019 Filing 620 NOTICE OF APPEARANCE by David M Morrell on behalf of Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Wilbur L. Ross, United States Department of Commerce. Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(Morrell, David)
July 8, 2019 Filing 619 LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman from Perry Grossman dated July 8, 2019 re: 618 MOTION for Kate Bailey, James Burnham, Garrett Coyle, Stephen Ehrlich, Carol Federighi, Joshua Gardner, John Griffiths, Martin Tomlinson, Carlotta Wells, Brett Shumate, Alice LaCour to Withdraw as Attorney . . Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, City Of New York, City and County of San Francisco, City of Central Falls, City of Chicago, City of Columbus, City of Philadelphia, City of Phoenix, City of Pittsburgh, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, Make the Road -- New York, New York Immigration Coalition, State Of Connecticut, State Of New York, State of Colorado, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Grossman, Perry)
July 8, 2019 Filing 618 MOTION for Kate Bailey, James Burnham, Garrett Coyle, Stephen Ehrlich, Carol Federighi, Joshua Gardner, John Griffiths, Martin Tomlinson, Carlotta Wells, Brett Shumate, Alice LaCour to Withdraw as Attorney . Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Wilbur L. Ross, United States Department of Commerce.Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(Bates, Christopher)
July 5, 2019 Opinion or Order Filing 617 ORDER with respect to 616 Motion to Amend Judgment on Remand Pursuant to Rule 59(e) or for Injunctive Relief Pursuant to the All Writs Act. Defendants shall file any opposition to Plaintiffs' motion by July 12, 2019; Plaintiffs shall file any reply by July 16, 2019. The parties shall appear for oral argument on July 23, 2019, at 2:30 p.m. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 5, 2019 Filing 616 MOTION to Alter Judgment re: 575 Judgment,,,,,,,,, . Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, City Of New York, City and County of San Francisco, City of Central Falls, City of Chicago, City of Columbus, City of Philadelphia, City of Phoenix, City of Pittsburgh, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, Make the Road -- New York, New York Immigration Coalition, State Of Connecticut, State Of New York, State of California, State of California, State of Colorado, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Attachments: # 1 Text of Proposed Order Proposed Order)(Ho, Dale)
July 5, 2019 Filing 615 NOTICE of of Motion to Alter or Amend Judgment. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, City Of New York, City and County of San Francisco, City of Central Falls, City of Chicago, City of Columbus, City of Philadelphia, City of Phoenix, City of Pittsburgh, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, Make the Road -- New York, New York Immigration Coalition, State Of Connecticut, State Of New York, State of California, State of California, State of Colorado, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Ho, Dale)
July 5, 2019 Opinion or Order Filing 614 ORDER re: 610 Notice of request for immediate status conference filed by the State Of New York et al. and 613 Response to Motion filed by Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Ron S. Jarmin, and Steven Dillingham. Given the Government's acknowledgment that this Court's injunction remains in place, its concession that it cannot take steps to add a citizenship question to the 2020 census questionnaire without "adopt[ing] a new rationale," its representation that it "will immediately notify this Court" if it does so, and today's deadline imposed by Judge Hazel, see Docket No. 613 , the Court sees no need for a conference at this time. If Plaintiffs disagree, or believe that there is a basis to seek some sort of relief at this time, they should advise the Court in accordance with the Court's Local Rules and Individual Rules and Practices. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/5/2019) (Text Only Order)(Furman, Jesse)
July 3, 2019 Filing 613 LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman from Joshua E. Gardner dated 07/03/19 re: 600 LETTER MOTION for Conference Telephonic Access addressed to Judge Jesse M. Furman from Elena Goldstein dated June 3, 2019. Response to Plaintiffs' Request for Immediate Status Conference. Document filed by Bureau of the Census, Steven Dillingham, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Tomlinson, Martin)
July 3, 2019 Filing 612 NOTICE of filing of transcript. Document filed by State Of New York. (Attachments: # 1 Exhibit 1)(Colangelo, Matthew)
July 3, 2019 Opinion or Order Filing 611 ORDER re: 610 Plaintiffs' NOTICE of request for immediate status conference. The Court is aware that there is a telephone conference scheduled for 3:30 p.m. today before Judge Hazel in the District of Maryland. Promptly after that conference, but no later than 6:00 p.m. TODAY, Defendants shall file a response to Plaintiffs' letter. The response shall include an account of what transpired during the conference before Judge Hazel and a statement of Defendants' position and intentions. After reviewing Defendants' letter, the Court will decide whether there is a need for a conference. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/3/2019) (Text Only Order)(Furman, Jesse)
July 3, 2019 Filing 610 NOTICE of request for immediate status conference. Document filed by State Of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Colangelo, Matthew)
June 28, 2019 Filing 609 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/5/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 28, 2019 Filing 608 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/5/2019 before Judge Jesse M. Furman. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. 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. Redaction Request due 7/19/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/26/2019.(McGuirk, Kelly)
June 11, 2019 Filing 607 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/5/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 11, 2019 Filing 606 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/5/2019 before Judge Jesse M. Furman. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. 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. Redaction Request due 7/2/2019. Redacted Transcript Deadline set for 7/12/2019. Release of Transcript Restriction set for 9/9/2019.(McGuirk, Kelly)
June 5, 2019 Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 6/5/2019. Court reporter present. -- See transcript. (ab)
June 5, 2019 Opinion or Order Filing 605 SCHEDULING ORDER terminating 595 Letter Motion to Compel. As discussed on the record at the conference held this afternoon, Plaintiffs shall file any motion for sanctions or other relief (including any request for discovery) and serve it on any party against whom relief is sought by July 12, 2019. Any opposition-whether by Defendants or by any non-party against whom relief is sought-shall be filed by July 26, 2019. Any reply shall be filed by August 2, 2019. At the time any reply is served, Plaintiffs shall deliver or mail one courtesy hard copy of all motion papers to the Court. The Clerk of Court is directed to terminate Docket No. 595. (Signed by Judge Jesse M. Furman on 6/5/2019) (mro)
June 5, 2019 Set/Reset Deadlines: Responses due by 7/26/2019 Replies due by 8/2/2019. (mro)
June 4, 2019 Filing 604 LETTER REPLY to Response to Motion addressed to Judge Jesse M. Furman from John A. Freedman dated June 4, 2019 re: 595 LETTER MOTION to Compel Defendants to Show Cause (Unredacted Version) addressed to Judge Jesse M. Furman from John A. Freedman dated May 31, 2019. . Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Exhibit 1 through 3)(Freedman, John)
June 4, 2019 Filing 603 NOTICE OF APPEARANCE by James Burnham on behalf of Bureau of the Census, Steven Dillingham, Ron S. Jarmin, Wilbur L. Ross, Jr., Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(Burnham, James)
June 4, 2019 Opinion or Order Filing 602 ORDER granting 600 Letter Motion Seeking Leave to Participate by Telephone in Conference. Counsel who have noticed an appearance on ECF and are interested in using CourtCall to listen to the conference should review the procedures described at Docket No. 117 . All CourtCall participants will be in "listen-only" mode. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 3, 2019 Filing 601 LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman re: 595 LETTER MOTION to Compel Defendants to Show Cause (Unredacted Version) addressed to Judge Jesse M. Furman from John A. Freedman dated May 31, 2019. . Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit A: Pls.' Ex. A with Actual Evidence, # 2 Exhibit B: Evid. Objs. to Pls. Exs., # 3 Exhibit C: Pls.' Ex. I with Evenwel Br., # 4 Exhibit D: Evenwel Amicus Br., # 5 Exhibit E: Oct. 23, 2018 Email Attaching Neuman Ltr., # 6 Exhibit F: Gary Ltr., # 7 Exhibit G: Gore Dep. Excerpts, # 8 Exhibit H: Neuman Dep. Excerpts, # 9 Exhibit I: Gov't Br. ECF 90, # 10 Exhibit J: Gov't Br. ECF 346, # 11 Exhibit K: DOJ Ltr. to Rep. Cummings, # 12 Exhibit L: NYT Article)(Gardner, Joshua)
June 3, 2019 Filing 600 LETTER MOTION for Conference Telephonic Access addressed to Judge Jesse M. Furman from Elena Goldstein dated June 3, 2019. Document filed by State Of New York.(Goldstein, Elena)
June 3, 2019 Filing 599 NOTICE OF APPEARANCE by Adriel Ivan Cepeda Derieux on behalf of ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition. Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(Cepeda Derieux, Adriel)
June 3, 2019 Opinion or Order Filing 598 ORDER: The conference scheduled for June 5, 2019 at 3:00 p.m. will take place in Courtroom 318 -- not Courtroom 1105 -- of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/3/2019) (Text Only Order) (Furman, Jesse)
May 31, 2019 Opinion or Order Filing 597 ORDER terminating 587 Letter Motion to Compel; and denying as moot 588 Letter Motion for Leave to File Redacted Materials. Plaintiffs' motion for leave to file unredacted copies of their letter-motion and exhibits is denied as moot in light of the filings at Docket Nos. 594 and 595 . The parties shall treat the unredacted filing at Docket No. 595 as the operative version of Plaintiffs' letter-motion; accordingly, the original letter-motion at Docket No. 587 is hereby terminated. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 31, 2019 Opinion or Order Filing 596 ORDER granting 593 Motion for Elisabeth S. Theodore to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 31, 2019 Filing 595 LETTER MOTION to Compel Defendants to Show Cause (Unredacted Version) addressed to Judge Jesse M. Furman from John A. Freedman dated May 31, 2019. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Exhibit A through I)(Freedman, John)
May 31, 2019 Filing 594 NOTICE of Notice of Non-Objection re: 588 LETTER MOTION for Leave to File Redacted Motion and Exhibit addressed to Judge Jesse M. Furman from John A. Freedman dated May 30, 2019.. Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr.. (Bailey, Kate)
May 31, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 593 MOTION for Elisabeth S. Theodore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16991008. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
May 30, 2019 Filing 593 MOTION for Elisabeth S. Theodore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16991008. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Text of Proposed Order, # 2 Declaration in Support, # 3 DC Cert of Good Standing, # 4 MD Cert of Good Standing)(Theodore, Elisabeth)
May 30, 2019 Opinion or Order Filing 592 ORDER granting 591 Motion for R. Stanton Jones to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 30, 2019 Filing 591 MOTION for R. Stanton Jones to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16989724. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Text of Proposed Order, # 2 Declaration in Support, # 3 DC Cert of Good Standing, # 4 MD Cert of Good Standing)(Jones, Robert)
May 30, 2019 Opinion or Order Filing 590 ORDER with respect to 587 Letter Motion to Compel Defendants to Show Cause. Defendants shall file any response to Plaintiffs' letter-motion seeking an order directing Defendants to show cause by Monday, June 3, 2019. Unless and until the Court orders otherwise, counsel for all parties shall then appear for a conference on Wednesday, June 5, 2019 at 3:00 p.m. in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York, to address the issues raised by Plaintiffs' letter-motion. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 30, 2019 Opinion or Order Filing 589 ORDER with respect to 588 Letter Motion for Leave to File Redacted Motion and Exhibit. If Defendants object to the public filing of unredacted copies of Plaintiffs' motion and exhibit, they shall show cause by letter why the redactions are consistent with the presumption in favor of public access to judicial documents no later than TOMORROW, May 31, 2019, at 10 a.m. If Defendants fail to file a letter by that time, Plaintiffs shall promptly refile unredacted copies of their motion and exhibit on ECF. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) Modified on 5/30/2019 (ab).
May 30, 2019 Filing 588 LETTER MOTION for Leave to File Redacted Motion and Exhibit addressed to Judge Jesse M. Furman from John A. Freedman dated May 30, 2019. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition.(Freedman, John)
May 30, 2019 Filing 587 LETTER MOTION to Compel Defendants to Show Cause addressed to Judge Jesse M. Furman from John A. Freedman dated May 30, 2019. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Exhibit A through I)(Freedman, John)
May 30, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 591 MOTION for R. Stanton Jones to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16989724. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
March 22, 2019 Filing 586 Appeal Remark as to (576 in 1:18-cv-02921-JMF, 168 in 1:18-cv-05025-JMF) Notice of Appeal, filed by Wilbur L. Ross, Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Steven Dillingham USCA Case Number 19-0212 (SCUS 18-966): Supreme Court of The United States requests District Court record on appeal. Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF. (tp)
March 22, 2019 Appeal Record Sent to SCUS (Electronic File). Certified Indexed record on Appeal Electronic Files for (586 in 1:18-cv-02921-JMF, 170 in 1:18-cv-05025-JMF) Appeal Remark, SCUS Case Number 18-0966, were transmitted to the Supreme Court of the United States. Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF. (tp)
March 21, 2019 USCA Case Number 19-212 from the U.S.C.A. - 2nd Circ. assigned to (576 in 1:18-cv-02921-JMF, 168 in 1:18-cv-05025-JMF) Notice of Appeal,, filed by Wilbur L. Ross, Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Steven Dillingham. Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(nd)
February 25, 2019 Opinion or Order Filing 585 ORDER granting 584 Motion to Withdraw as Attorney. The Court having reviewed the motion of John R. Grimm for leave to withdraw as attorney of record, and his declaration in support thereof, it is hereby ORDERED that the Motion is GRANTED; and it is further ORDERED that the appearance of John R. Grimm in this matter is terminated; and it is further ORDERED that the Clerk shall remove Mr. Grimm from the docket sheet in this matter. The Clerk of Court is directed to terminate Docket No. 584. Attorney John Robert Grimm terminated (Signed by Judge Jesse M. Furman on 2/25/2019) (cf)
February 15, 2019 Filing 584 MOTION for John Robert Grimm to Withdraw as Attorney . Document filed by State of Maryland. (Attachments: # 1 Declaration of John R. Grimm, # 2 Text of Proposed Order)(Grimm, John)
February 15, 2019 Filing 583 NOTICE OF APPEARANCE by Andrea William Trento on behalf of State of Maryland. (Trento, Andrea)
February 12, 2019 Opinion or Order Filing 582 ORDER TERMINATING APPEARANCE OF LOURDES M. ROSADO: IT IS HEREBY ORDERED THAT the appearance of Lourdes M. Rosado in this matter is terminated; IT IS FURTHER ORDERED THAT the Clerk of Court shall remove Ms. Rosado from the docket sheet in this matter. IT IS SO ORDERED. Attorney Lourdes Maria Rosado terminated. (Signed by Judge Jesse M. Furman on 2/12/2019) (ne)
February 11, 2019 Filing 581 NOTICE of Motion to Withdraw Appearance. Document filed by State Of New York. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Rosado, Lourdes)
February 7, 2019 Opinion or Order Filing 580 ERRATA ORDER: Seven typographical errors in the Court's Findings of Fact and Conclusions of Law, entered on January 15, 2019, Docket No. 574, are hereby corrected as follows: on page 43 (in Paragraph 30), "The March 1 Memo concluded that Alternative D was plainly inferior to Alternative D" should read, "The March 1 Memo concluded that Alternative D was plainly inferior to Alternative C"; on page 66 (in Paragraph 82), "find an agency that would have as reason to do so" should read "find an agency that would have a reason to do so"; on page 129 (in Paragraph 223), "the Census Bureau's evidence shows that people who in areas" should read "the Census Bureau's evidence shows that people who live in areas"; and as further set forth in this order. (Signed by Judge Jesse M. Furman on 2/7/2019) Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(ne)
February 6, 2019 Opinion or Order Filing 579 ORDER granting 578 Motion to Withdraw as Attorney. Attorney Albert Fox Cahn terminated. (Signed by Judge Jesse M. Furman on 2/5/2019) (ks)
February 5, 2019 Filing 578 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Albert Fox Cahn to Withdraw as Attorney . Document filed by Council on American-Islamic Relations, New York, Inc.. (Attachments: # 1 Affidavit Declaration of Albert Fox Cahn in Support of His to Withdraw as Attorney, # 2 Text of Proposed Order Proposed Order)(Cahn, Albert) Modified on 2/14/2019 (ldi).
January 24, 2019 Filing 577 NOTICE of withdrawal of deposition notice of Secretary Ross. Document filed by State Of New York. (Colangelo, Matthew)
January 17, 2019 Filing 576 NOTICE OF APPEAL from (167 in 1:18-cv-05025-JMF, 575 in 1:18-cv-02921-JMF) Judgment,,,,,,,,, (574 in 1:18-cv-02921-JMF, 166 in 1:18-cv-05025-JMF) Findings of Fact & Conclusions of Law,,,,. Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Wilbur L. Ross, United States Department of Commerce. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(Coyle, Garrett)
January 17, 2019 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (576 in 1:18-cv-02921-JMF, 168 in 1:18-cv-05025-JMF) Notice of Appeal,,. Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(nd)
January 17, 2019 Appeal Fee Not Required for (576 in 1:18-cv-02921-JMF, 168 in 1:18-cv-05025-JMF) Notice of Appeal,,. Appeal filed by U.S. Government. Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(nd)
January 17, 2019 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (576 in 1:18-cv-02921-JMF, 168 in 1:18-cv-05025-JMF) Notice of Appeal,, filed by Wilbur L. Ross, Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Steven Dillingham were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(nd)
January 15, 2019 Opinion or Order Filing 575 FINAL JUDGMENT, ORDER OF VACATUR, AND PERMANENT INJUNCTION: Final judgment is entered for Defendants and against Plaintiffs on Plaintiffs' claims arising under the Constitution's Enumeration Clause, as amended by the Fourteenth Amendment (namely, the First Claim for Relief in the Second Amended Complaint in No. 18-CV-2921 and the second Cause of Action in the Complaint in No. 18-CV-5025). Final judgment is entered for Defendants and against Plaintiffs on Plaintiffs' claims arising under the Due Process Clause of the Fifth Amendment to the Constitution (namely, the first Cause of Action in the Complaint in No. 18-CV-5025). Final judgment is entered for Plaintiffs and against Defendants on Plaintiffs' claims arising under the Administrative Procedure Act (namely, the Second and Third Claims for Relief in the Second Amended Complaint in No. 18-CV-2921 and the third Cause of Action in the Complaint in No. 18-CV-5025). The March 26, 2018 decision of the Secretary of Commerce to add a question concerning citizenship status to the 2020 decennial census questionnaire is VACATED, and the matter is REMANDED to the Secretary for further action not inconsistent with this Court's Orders. Defendants, including the Secretary of Commerce in his official capacity, the Director of the Census in his official capacity, and any successors to those offices, together with their agents, servants, employees, attorneys, and other persons who are in active concert or participation with the foregoing, see Fed. R. Civ. P. 65(d)(2), are PERMANENTLY ENJOINED from implementing Secretary Ross's March 26, 2018 decision and from adding a citizenship question to the 2020 decennial census questionnaire based on substantially similar reasoning on a substantially similar record, and from doing so unless: 1) the Secretary of Commerce has exhausted his ability to acquire and use administrative records to the maximum extent possible and consistent with the kind, timeliness, quality and scope of the citizenship data required, instead of adding an inquiry to the 2020 census questionnaire; and as further set forth in this Judgment. (Signed by Judge Jesse M. Furman on 1/15/2019) Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(ne) Transmission to Docket Assistant Clerk for processing.
January 15, 2019 Filing 574 FINDINGS OF FACT AND CONCLUSIONS OF LAW: The Court concludes that Secretary of Commerce Wilbur L. Ross Jr.'s March 26, 2018 decision to add a question about citizenship status to the 2020 census, while not inconsistent with the Constitution, violated the statutory limits on his authority and the Administrative Procedure Act in several respects. Accordingly, and for the reasons stated in its Findings of Fact and Conclusions of Law, the Court vacates Secretary Ross's decision to add a citizenship question to the 2020 census, enjoins Defendants from implementing his decision or from otherwise adding a citizenship question to the 2020 census without curing the legal defects identified in the Court's Opinion, and remands the matter to the Secretary for further action not inconsistent with the Courts Opinion. Finally, the Court September 21, 2018 Order granting Plaintiffs motion to compel a deposition of Secretary Ross, see Docket No. 345 , is VACATED as moot. (Signed by Judge Jesse M. Furman on 1/15/2019) Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(tro)
January 15, 2019 Terminate Transcript Deadlines (ne)
January 8, 2019 Opinion or Order Filing 573 ORDER: It is therefore ORDERED that Steven Dillingham is substituted as a defendant in his official capacity as Director of the Census, in place of Ron S. Jarmin. The Clerk of Court is directed to modify the docket accordingly. SO ORDERED. Steven Dillingham and Steven Dillingham added. Ron S. Jarmin (in his capacity as performing the non-exclusive functions and duties of the Director of the U.S. Census Bureau) and Ron S. Jarmin (in his capacity as performing the non-exclusive functions and duties of the Director of the U.S. Census Bureau) terminated. (Signed by Judge Jesse M. Furman on 1/8/2019) Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(ne)
January 2, 2019 Opinion or Order Filing 572 ORDER re: 569 Standing Order M10-468. Standing Order M10-468 was entered in these cases in error. Because the U.S. Attorney's Office for the Southern District of New York is no longer counsel of record in these cases, the Order does not apply and these cases are not stayed. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/2/2019) (Text Only Order)(Furman, Jesse)
January 2, 2019 Filing 571 NOTICE of Supplemental Authority. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Appendix A - Opinion in Kravitz v. Dept of Commerce)(Brannon, Sarah)
January 2, 2019 Filing 570 NOTICE of Plaintiffs' position regarding Standing Order M10-468. Document filed by State Of New York. (Colangelo, Matthew)
December 27, 2018 Opinion or Order Filing 569 STANDING ORDER M10-468 The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (ks)
December 19, 2018 Filing 568 NOTICE of Supplemental Authority. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Appendix A - Decision in State of California v. Ross (N.D. Cal.))(Brannon, Sarah)
December 7, 2018 Filing 567 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 11/27/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 7, 2018 Filing 566 TRANSCRIPT of Proceedings re: TRIAL held on 11/27/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. 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. Redaction Request due 12/28/2018. Redacted Transcript Deadline set for 1/7/2019. Release of Transcript Restriction set for 3/7/2019.(McGuirk, Kelly)
December 7, 2018 Filing 565 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 11/15/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 7, 2018 Filing 564 TRANSCRIPT of Proceedings re: TRIAL held on 11/15/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. 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. Redaction Request due 12/28/2018. Redacted Transcript Deadline set for 1/7/2019. Release of Transcript Restriction set for 3/7/2019.(McGuirk, Kelly)
December 7, 2018 Filing 563 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 11/14/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 7, 2018 Filing 562 TRANSCRIPT of Proceedings re: TRIAL held on 11/14/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. 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. Redaction Request due 12/28/2018. Redacted Transcript Deadline set for 1/7/2019. Release of Transcript Restriction set for 3/7/2019.(McGuirk, Kelly)
December 7, 2018 Filing 561 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 11/13/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 7, 2018 Filing 560 TRANSCRIPT of Proceedings re: TRIAL held on 11/13/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. 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. Redaction Request due 12/28/2018. Redacted Transcript Deadline set for 1/7/2019. Release of Transcript Restriction set for 3/7/2019.(McGuirk, Kelly)
December 7, 2018 Filing 559 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 11/9/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 7, 2018 Filing 558 TRANSCRIPT of Proceedings re: TRIAL held on 11/9/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. 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. Redaction Request due 12/28/2018. Redacted Transcript Deadline set for 1/7/2019. Release of Transcript Restriction set for 3/7/2019.(McGuirk, Kelly)
December 7, 2018 Filing 557 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 11/7/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 7, 2018 Filing 556 TRANSCRIPT of Proceedings re: TRIAL held on 11/7/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. 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. Redaction Request due 12/28/2018. Redacted Transcript Deadline set for 1/7/2019. Release of Transcript Restriction set for 3/7/2019.(McGuirk, Kelly)
December 7, 2018 Filing 555 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 11/6/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 7, 2018 Filing 554 TRANSCRIPT of Proceedings re: TRIAL held on 11/6/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. 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. Redaction Request due 12/28/2018. Redacted Transcript Deadline set for 1/7/2019. Release of Transcript Restriction set for 3/7/2019.(McGuirk, Kelly)
December 7, 2018 Filing 553 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 11/5/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 7, 2018 Filing 552 TRANSCRIPT of Proceedings re: TRIAL held on 11/5/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. 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. Redaction Request due 12/28/2018. Redacted Transcript Deadline set for 1/7/2019. Release of Transcript Restriction set for 3/7/2019.(McGuirk, Kelly)
December 4, 2018 Filing 551 POST TRIAL MEMORANDUM. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.(Ehrlich, Stephen)
December 4, 2018 Filing 550 POST TRIAL MEMORANDUM. Document filed by State Of New York.(Colangelo, Matthew)
November 30, 2018 Filing 549 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 10/17/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
November 30, 2018 Filing 548 TRANSCRIPT of Proceedings re: CONFERNECE held on 10/17/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. 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. Redaction Request due 12/21/2018. Redacted Transcript Deadline set for 12/31/2018. Release of Transcript Restriction set for 2/28/2019.(McGuirk, Kelly)
November 27, 2018 Minute Entry for proceedings held before Judge Jesse M. Furman: Bench Trial completed on 11/27/2018. See transcript. (ab)
November 26, 2018 Opinion or Order Filing 547 ORDER: Given the length and breadth of the parties' post-trial briefing, the Court provides the following preliminary guidance in advance of tomorrow's oral arguments. First, the Court will allow one lawyer from each side between 20 and 30 minutes to make an opening argument on issues of counsels choosing. Thereafter, the Court plans to proceed in greater depth issue by issue, hearing on each issue from one side and then the other. (The Court will hear from only one lawyer per side per issue, but will allow different lawyers to address different issues.) Although the parties should be prepared to address all of the issues raised in their post-trial briefing, the Court anticipates covering at least the following issues: ripeness; standing; the merits of Plaintiffs' arguments regarding 13 U.S.C. § 6 and the implications (if any) of their failure to cite that provision in their Complaints; Defendants' arguments concerning 13 U.S.C. § 141(f); whether Secretary Ross's decision was arbitrary and capricious; whether there is evidence of unconstitutional discriminatory animus; and the appropriate nature and scope of any remedy in this case. At the conclusion of the argument, the Court will address whether there is any need for additional briefing. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/26/2018) (Text Only Order) (Furman, Jesse)
November 21, 2018 Filing 546 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.(Federighi, Carol)
November 21, 2018 Filing 545 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by State Of New York. (Attachments: # 1 Supplement Plaintiffs' Joint Proposed Post-Trial Conclusions of Law)(Colangelo, Matthew)
November 20, 2018 Opinion or Order Filing 544 MEMORANDUM OPINION AND ORDER denying 540 Letter Motion to Stay: For the reasons set forth within, Defendants' latest motion to halt these proceedings is DENIED. Barring a stay from the Second Circuit or the Supreme Court, Defendants shall file their posttrial briefing by the Court-ordered deadline of tomorrow and appear for oral argument as directed on November 27, 2018. The Clerk of Court is directed to terminate Docket No. 540. (Signed by Judge Jesse M. Furman on 11/20/2018) (ab)
November 20, 2018 Filing 543 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Matthew Colangelo dated November 20, 2018 re: 540 LETTER MOTION to Stay Further Proceedings addressed to Judge Jesse M. Furman from Joshua E. Gardner dated November 18, 2018. . Document filed by State Of New York. (Colangelo, Matthew)
November 19, 2018 Filing 542 NOTICE of of Filing in the United States Court of Appeals for the Second Circuit re: 541 Order on Motion to Stay, 540 LETTER MOTION to Stay Further Proceedings addressed to Judge Jesse M. Furman from Joshua E. Gardner dated November 18, 2018.. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Gardner, Joshua)
November 19, 2018 Opinion or Order Filing 541 ORDER with respect to 540 Letter Motion to Stay Further Proceedings. Plaintiffs shall file a response to Defendants' motion by tomorrow, November 20, 2018, at 4:00 p.m. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
November 18, 2018 Filing 540 LETTER MOTION to Stay Further Proceedings addressed to Judge Jesse M. Furman from Joshua E. Gardner dated November 18, 2018. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit grant of certioari)(Gardner, Joshua)
November 17, 2018 Filing 539 LETTER addressed to Judge Jesse M. Furman from Matthew Colangelo dated November 17, 2018 re: Plaintiffs' final updated exhibit list. Document filed by State Of New York. (Attachments: # 1 Exhibit Plaintiffs' final updated exhibit list)(Colangelo, Matthew)
November 16, 2018 Opinion or Order Filing 538 ORDER denying 521 Letter Motion for Discovery; granting in part and denying in part 522 Motion to Admit Trial Exhibits into Evidence. Plaintiffs' motion to include additional documents in the Administrative Record (Docket No. 521) is DENIED for the reasons given on the record at trial on November 15, 2018. Plaintiffs' motion to admit certain trial exhibits into evidence (Docket No. 522) is GRANTED in part and DENIED in part for the reasons given on the record at trial on November 15, 2018. With respect to the exhibits as to which the Court had reserved judgment namely, PX-347, PX-377, PX-383, PX-392, PX-395, PX-396, PX-401, and PX-413 Defendants' hearsay objections are overruled, as there is no dispute that each exhibit is a statement by a party's "employee on a matter within the scope of that relationship and while it existed." Fed. R. Evid. 801(d)(2)(D). In the Court's judgment, the disclaimer on each exhibit affects the weight, but not the admissibility, of the evidence. An analogy is instructive: Consider a document authored by a corporate party's employee setting forth his or her "own" views on a matter for discussion within the company. Even if the employee's views were shared solely to stimulate discussion and did not represent the views of the company itself, there is no question that such a document would not be hearsay pursuant to Rule 801(d)(2)(D) of the Federal Rules of Evidence. So too the articles written by Census Bureau employees on matters within the scope of their employment relationship are not hearsay, even though they contain disclaimers indicating that the views expressed are "not necessarily" those of the Census Bureau. With those rulings, the trial record is now closed, subject to the caveats discussed on the record at trial on November 15, 2018 including that, as jointly stipulated by the parties on the record, the Court may reopen the trial record for the purpose of obtaining and including Secretary Ross's testimony in the event that the Supreme Court's stay of the Court's Order compelling that testimony is dissolved before the Court issues a final decision. No later than November 19, 2018, Plaintiffs shall submit an agreed-upon exhibit list updated to reflect (1) which exhibits were admitted into evidence (and when) and (2) whether those exhibits appear in the Administrative Record (and, if so, where). The Clerk of Court is directed to terminate Docket Nos. 521 and 522. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/16/18) (yv)
November 15, 2018 Minute Entry for proceedings held before Judge Jesse M. Furman: Bench Trial held on 11/15/2018. See transcript. -- Trial continued to 11/27/2018 at 9:30 am. (ab)
November 15, 2018 Opinion or Order Filing 537 ORDER: As noted on the record at the conclusion of trial today, counsel for all parties shall appear for oral argument in this matter on November 27, 2018, at 9:30 a.m. in Courtroom 110 of the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York. Counsel who have noticed an appearance on ECF will be permitted to listen to oral argument by telephone through CourtCall, an independent conference call company, pursuant to the Court's Order of May 4, 2018. (See Docket No. 117 ). Counsel interested in using CourtCall to listen to oral argument should review the procedures described at Docket No. 117 . All CourtCall participants will be in "listen-only" mode. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/15/2018) (Text Only Order) (Furman, Jesse)
November 15, 2018 Opinion or Order Filing 536 ORDER: In addition to the issues raised on the record today (and any others the parties choose to address), the parties should address in their post-trial briefing, and be prepared to discuss at oral argument on November 27, 2018, whether Secretary Ross's decision to reinstate a citizenship question on the 2020 Census questionnaire instead of relying on citizenship data from administrative records (i.e., his choice of "Option D" over "Option C," see Admin. Record 1316-17) was in accordance with Title 13, United States Code, Section 6. See 13 U.S.C. § 6(c) ("To the maximum extent possible and consistent with the kind, timeliness, quality and scope of the statistics required, the Secretary shall acquire and use information available from any source referred to in subsection (a) or (b) of this section instead of conducting direct inquiries."). SO ORDERED. (Signed by Judge Jesse M. Furman on 11/15/2018) (Text Only Order) (Furman, Jesse)
November 14, 2018 Minute Entry for proceedings held before Judge Jesse M. Furman: Bench Trial held on 11/14/2018. See transcript. -- Trial continued to 11/15/2018 at 9:00 am (ab)
November 14, 2018 Filing 535 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Martin M. Tomlinson dated 11/14/2018 re: 522 MOTION to Admit Trial Exhibits into Evidence . Supplemental Opposition. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Tomlinson, Martin)
November 14, 2018 Opinion or Order Filing 534 ORDER granting in part and denying in part 527 Letter Motion for Discovery. Plaintiffs' motion to partially exclude opinion testimony by Dr. John Abowd (Docket No. 527) is GRANTED in part and DENIED in part to the extent discussed, and for the reasons given, on the record at trial on November 14, 2018. Attached to this Order is a copy of the November 13, 2018 email from Defendants' counsel addressing topics related to this motion, along with copies of the demonstrative exhibits discussed in, and attached to, that email. The Clerk of Court is directed to terminate Docket No. 527. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/14/2018) (ne)
November 14, 2018 Filing 533 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Martin M. Tomlinson dated 11/14/2018 re: 522 MOTION to Admit Trial Exhibits into Evidence . . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Tomlinson, Martin)
November 14, 2018 Filing 532 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a confernece proceeding held on 11/1/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
November 14, 2018 Filing 531 TRANSCRIPT of Proceedings re: conference held on 11/1/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. 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. Redaction Request due 12/5/2018. Redacted Transcript Deadline set for 12/17/2018. Release of Transcript Restriction set for 2/12/2019.(McGuirk, Kelly)
November 14, 2018 Filing 530 LETTER addressed to Judge Jesse M. Furman from Carol Federighi dated November 14, 2018 re: Plaintiffs' Letter of November 13, 2018 (ECF 528, 529). Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.(Federighi, Carol)
November 14, 2018 Filing 529 LETTER addressed to Judge Jesse M. Furman from Matthew Colangelo dated November 13, 2018 re: admission of trial exhibits not previously identified. Document filed by State Of New York.(Colangelo, Matthew)
November 14, 2018 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Matthew Colangelo to RE-FILE Document 528 SECOND MOTION to Admit Trial Exhibits into Evidence . Use the event type Letter found under the event list Other Documents. (db)
November 13, 2018 Minute Entry for proceedings held before Judge Jesse M. Furman: Bench Trial held on 11/13/2018. See transcript. -- Trial continued to 11/14/2018 at 9:00 am (ab)
November 13, 2018 Filing 528 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND MOTION to Admit Trial Exhibits into Evidence . Document filed by State Of New York.(Colangelo, Matthew) Modified on 11/14/2018 (db).
November 13, 2018 Filing 527 LETTER MOTION for Discovery to partially exclude opinion testimony by Dr. John Abowd addressed to Judge Jesse M. Furman from John Freedman dated 11/13/2018. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Exhibit 1 - Tomlinson email re demonstratives, # 2 Exhibit 2 - Freedman email re demonstratives, # 3 Exhibit 3 - Second Tomlinson email re demonstratives, # 4 Exhibit 4 - Second Freedman email re demonstratives, # 5 Exhibit 5 - Abowd expert deposition excerpts, # 6 Exhibit 6 - Plaintiffs' Trial Exhibit 267, # 7 Exhibit 7 - Sept 27 Bailey email, # 8 Exhibit 8 - Oct 5 Ehrlich email)(Rosborough, Davin)
November 13, 2018 Filing 526 NOTICE of Filing of Trial Affidavit of Dr. Christopher Warshaw. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Exhibit 1 - Declaration of Dr. Christopher Warshaw)(Ho, Dale)
November 13, 2018 Filing 525 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Kate Bailey dated 11/13/2018 re: 521 LETTER MOTION for Discovery Letter Motion to include additional documents in the Administrative Record addressed to Judge Jesse M. Furman from Matthew Colangelo dated November 12, 2018. . Document filed by Bureau of the Census, Wilbur L. Ross, Jr., United States Department of Commerce. (Bailey, Kate)
November 13, 2018 Opinion or Order Filing 524 SECOND JOINT STIPULATION REGARDING SCOPE OF ADMINISTRATIVE RECORD: The parties hereby stipulate to the addition of the following materials to the Administrative Record in this case: In addition to the documents already designated, the Administrative Record includes the native Excel files contained at PX-16 (corresponding to the slipsheets at PX-4, AR 12128-12129, AR 12134-12138; and PX-13, AR 12869, AR 12964-12966), with the exception of the file named <noisy_7.csv>. Plaintiffs reserve the right to move that additional materials be considered part of the Administrative Record in this action. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/13/2018) (rro)
November 13, 2018 Opinion or Order Filing 523 JOINT STIPULATION REGARDING SCOPE OF ADMINISTRATIVE RECORD: The parties hereby stipulate to the inclusion of the following materials in the Administrative Record in this case: The Administrative Record contains all documents produced by Defendants bearing Bates 000001 through 0013024. These have been marked by plaintiffs as PX-1 through PX-14. In addition, the Administrative Record includes the documents listed below: and further set forth in this Order. Further, the parties agree that the exhibits listed in Paragraph 63 of the parties' joint stipulations above that have not already been admitted (PX-178, PX-181, PX-185, PX-188, PX-190, PX-191, PX-544, PX-614) may be admitted into evidence. The parties are continuing to discuss the possibility of stipulating to the inclusion of additional materials in the Administrative Record, and Plaintiffs reserve the right to move that additional materials be considered part of the Administrative Record in this action. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/13/2018) (rro)
November 12, 2018 Filing 522 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Admit Trial Exhibits into Evidence . Document filed by State Of New York.(Colangelo, Matthew) Modified on 12/20/2018 (ldi).
November 12, 2018 Filing 521 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery Letter Motion to include additional documents in the Administrative Record addressed to Judge Jesse M. Furman from Matthew Colangelo dated November 12, 2018. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (excerpts from Rule 30(b)(6) deposition transcript))(Colangelo, Matthew) Modified on 12/20/2018 (ldi).
November 12, 2018 Filing 520 NOTICE of filing of Second Joint Stipulation regarding the Administrative Record. Document filed by State Of New York. (Colangelo, Matthew)
November 11, 2018 Opinion or Order Filing 519 ORDER re: 518 Letter filed by State Of New York. To the extent that they are not already in evidence, the exhibits marked as admitted on the revised Exhibit List - including those marked "11/11 (pending Court order)" - are hereby deemed admitted. Further, to the extent that Plaintiffs believe that any additional documents should be included in the Administrative Record, they shall file a letter motion, not to exceed five pages, by 7 p.m. on November 12, 2018; Defendants shall file any opposition, not to exceed five pages, by 7 p.m. on November 13, 2018. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/11/2018) (Text Only Order)(Furman, Jesse)
November 11, 2018 Filing 518 LETTER addressed to Judge Jesse M. Furman from Matthew Colangelo dated November 11, 2018 re: contents of the Administrative Record and status of all exhibits on Plaintiffs' Exhibit List. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (Plaintiffs' Exhibit List updated as of Nov. 11, 2018))(Colangelo, Matthew)
November 11, 2018 Filing 517 NOTICE of filing of Joint Stipulation regarding the Administrative Record. Document filed by State Of New York. (Colangelo, Matthew)
November 10, 2018 Filing 516 NOTICE of Filing of Trial Affidavit of Dr. John Thompson. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Exhibit 1 - Amended Declaration of Dr. John Thompson)(Ho, Dale)
November 9, 2018 Filing 515 NOTICE of Filing of Video Excerpts of Deposition Designations for John Gore and Earl Comstock. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Ho, Dale)
November 9, 2018 Minute Entry for proceedings held before Judge Jesse M. Furman: Bench Trial held on 11/9/2018. See transcript. -- Trial continued to 11/13/2018 at 9:00 am (ab)
November 8, 2018 Filing 514 LETTER addressed to Judge Jesse M. Furman from Matthew Colangelo dated November 8, 2018 re: Plaintiffs' exhibits. Document filed by State Of New York.(Colangelo, Matthew)
November 8, 2018 Opinion or Order Filing 513 ORDER: With apologies for the late notice, the Court advises that trial will end tomorrow at approximately 3:30 p.m. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/8/2018) (Text Only Order) (Furman, Jesse)
November 7, 2018 Minute Entry for proceedings held before Judge Jesse M. Furman: Bench Trial held on 11/7/2018. See transcript. -- Trial continued to 11/9/2018 at 9:00 am (ab)
November 7, 2018 Filing 512 NOTICE of filing of deposition designations for Ron Jarmin (continued). Document filed by State Of New York. (Attachments: # 1 Exhibit Ron Jarmin deposition designations continued)(Colangelo, Matthew)
November 7, 2018 Filing 511 NOTICE of filing of deposition designations for Ron Jarmin. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (Synopsis of Ron Jarmin deposition designations), # 2 Exhibit 2 (Ron Jarmin deposition designations), # 3 Exhibit 2 continued (Ron Jarmin deposition designations), # 4 Exhibit 2 continued (Ron Jarmin deposition designations), # 5 Exhibit 2 continued (Ron Jarmin deposition designations))(Colangelo, Matthew)
November 7, 2018 Filing 510 NOTICE of filing of deposition designations for David Langdon. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (Synopsis of David Langdon deposition designations), # 2 Exhibit 2 (David Langdon deposition designations), # 3 Exhibit 2 continued (David Langdon deposition designations))(Colangelo, Matthew)
November 7, 2018 Filing 509 NOTICE of Filing of Deposition Designations for Wendy Teramoto. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Exhibit 1 - Summary of Wendy Teramoto Deposition Designations, # 2 Exhibit 2 - Wendy Teramoto Deposition Designations, # 3 Exhibit 2 - Continued Wendy Teramoto Deposition Designations)(Ho, Dale)
November 7, 2018 Filing 508 NOTICE of filing of trial affidavit of Dr. Andrew Reamer. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (Oct. 23, 2018 Declaration of Dr. Andrew Reamer))(Colangelo, Matthew)
November 7, 2018 Filing 507 NOTICE of filing of trial affidavit of Dr. William P. O'Hare. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (Nov. 6, 2018 Corrected Affidavit of Dr. William P. O'Hare))(Colangelo, Matthew)
November 7, 2018 Filing 506 NOTICE of filing of trial affidavit of Gregory Lucyk. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (Oct. 23, 2018 Affidavit of Gregory Lucyk))(Colangelo, Matthew)
November 7, 2018 Filing 505 NOTICE of filing of trial affidavits of Sara Cullinane. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (Oct. 23, 2018 Affidavit of Sara Cullinane), # 2 Exhibit 2 (Nov. 3, 2018 Supplemental Affidavit of Sara Cullinane))(Colangelo, Matthew)
November 7, 2018 Filing 504 NOTICE of filing of trial affidavits of Todd A. Breitbart. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (Oct. 26, 2018 Affidavit of Todd A. Breitbart), # 2 Exhibit 2 (Nov. 3, 2018 Supplemental Affidavit of Todd A. Breitbart))(Colangelo, Matthew)
November 7, 2018 Filing 503 NOTICE of filing of trial affidavits of Daniel Altschuler. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (Oct. 26, 2018 Declaration of Daniel Altschuler), # 2 Exhibit 2 (Nov. 2, 2018 Supplemental Declaration of Daniel Altschuler))(Colangelo, Matthew)
November 6, 2018 Minute Entry for proceedings held before Judge Jesse M. Furman: Bench Trial held on 11/6/2018. See transcript. -- Trial continued to 11/7/2018 at 9:00 am (ab)
November 6, 2018 Filing 502 NOTICE of Corrected Deposition Designations for Census Bureau 30(b)(6) Volumes One and Two. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Exhibit 1 - Summary of Census Bureau 30(b)(6) Vol. 1 Deposition Designations, # 2 Exhibit 2 - Corrected Census Bureau 30(b)(6) Vol. 1 Deposition Designations, # 3 Exhibit 3 - Summary of Census Bureau 30(b)(6) Vol. 2 Deposition Designations, # 4 Exhibit 4 - Corrected Census Bureau 30(b)(6) Vol. 2 Deposition Designations)(Ho, Dale)
November 6, 2018 Filing 501 NOTICE of Filing of Trial Affidavits. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (Oct. 23, 2018 Affidavit of Jacqueline Tiema-Massie), # 2 Exhibit 2 (Nov. 3, 2018 Supplemental Affidavit of Jacqueline Tiema-Massie))(Colangelo, Matthew)
November 6, 2018 Filing 500 NOTICE of Errata and Request to Strike. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Ho, Dale)
November 6, 2018 Opinion or Order Filing 499 ORDER re: 487 Notice of Supplemental Objections to Plaintiffs' Trial Affidavits filed by Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Ron S. Jarmin. Defendants' objections to the testimony by affidavit of Jacqueline Tiema-Massie are all OVERRULED. Defendants' objections to the testimony by affidavit of Gregory E. Lucyk are SUSTAINED with respect to the following: Paragraph 4, the final sentence of Paragraph 5, the final sentence of Paragraph 8, and all but the first two sentences of Paragraph 10. The remainder of Defendants' objections to the testimony of Mr. Lucyk are OVERRULED. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/6/2018) (Text Only Order) (Furman, Jesse)
November 6, 2018 Filing 498 NOTICE of Filing of Trial Affidavits. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (Oct. 25, 2018 Affidavit of Susan Brower), # 2 Exhibit 2 (Nov. 3, 2018 Supplemental Affidavit of Susan Brower), # 3 Exhibit 3 (Oct. 26, 2018 Affidavit of George Escobar), # 4 Exhibit 4 (Nov. 3, 2018 Supplemental Affidavit of George Escobar), # 5 Exhibit 5 (Oct. 25, 2018 Affidavit of Marchelle Franklin), # 6 Exhibit 6 (Nov. 3, 2018 Supplemental Affidavit of Marchelle Franklin), # 7 Exhibit 7 (Oct. 24, 2018 Affidavit of Emily Freedman), # 8 Exhibit 8 (Nov. 3, 2018 Supplemental Affidavit of Emily Freedman), # 9 Exhibit 9 (Oct. 24, 2018 Affidavit of Jesus Garcia), # 10 Exhibit 10 (Nov. 3, 2018 Supplemental Affidavit of Jesus Garcia), # 11 Exhibit 11 (Oct. 26, 2018 Affidavit of Dr. Hermann Habermann), # 12 Exhibit 12 (Oct. 24, 2018 Affidavit of Katherine Harvell Haney), # 13 Exhibit 13 (Nov. 3, 2018 Supplemental Affidavit of Katherine Harvell Haney), # 14 Exhibit 14 (Oct. 23, 2018 Affidavit of Jason Harmon), # 15 Exhibit 15 (Nov. 3, 2018 Supplemental Affidavit of Jason Harmon), # 16 Exhibit 16 (Oct. 26, 2018 Affidavit of Samer Khalaf), # 17 Exhibit 17 (Nov. 2, 2018 Supplemental Affidavit of Samer Khalaf), # 18 Exhibit 18 (Oct. 25, 2018 Affidavit of Christine Pierce), # 19 Exhibit 19 (Oct. 26, 2018 Affidavit of Elizabeth Plum), # 20 Exhibit 20 (Nov. 2, 2018 Supplemental Affidavit of Elizabeth Plum), # 21 Exhibit 21 (Oct. 23, 2018 Affidavit of Arturo Vargas), # 22 Exhibit 22 (Nov. 3, 2018 Supplemental Affidavit of Arturo Vargas))(Colangelo, Matthew)
November 6, 2018 Filing 497 NOTICE of Filing of Deposition Designations for Census Bureau 30(b)(6) Volumes One and Two. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Exhibit 1 - Summary of Census Bureau 30(b)(6) Vol. 1 Deposition Designations, # 2 Exhibit 2 - Census Bureau 30(b)(6) Vol. 1 Deposition Designations, # 3 Exhibit 3 - Summary of Census Bureau 30(b)(6) Vol. 2 Deposition Designations, # 4 Exhibit 4 - Census Bureau 30(b)(6) Vol. 2 Deposition Designations)(Ho, Dale)
November 6, 2018 Filing 496 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/24/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
November 6, 2018 Filing 495 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/24/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. 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. Redaction Request due 11/27/2018. Redacted Transcript Deadline set for 12/7/2018. Release of Transcript Restriction set for 2/4/2019.(McGuirk, Kelly)
November 6, 2018 Filing 494 NOTICE of Filing of deposition designations for Sahra Park-Su. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (Synopsis of Sahra Park-Su deposition designations), # 2 Exhibit 2 (Sahra Park-Su deposition designations))(Colangelo, Matthew)
November 6, 2018 Filing 493 NOTICE of Filing of deposition designations for Karen Dunn Kelley. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (Synopsis of Karen Dunn Kelley deposition designations), # 2 Affidavit 2 (Karen Dunn Kelley deposition designations))(Colangelo, Matthew)
November 6, 2018 Filing 492 NOTICE of of Filing of Defendants' Objections to Plaintiffs' Second Supplemental Exhibit List. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit Defendants' Objections to Plaintiffs' Second Supplemental Exhibit List)(Federighi, Carol)
November 5, 2018 Filing 491 NOTICE of Filing of Deposition Designations for John Gore. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Exhibit 1 - Summary of Gore Deposition Designations, # 2 Exhibit 2 - Gore Deposition Designations)(Ho, Dale)
November 5, 2018 Minute Entry for proceedings held before Judge Jesse M. Furman: Bench Trial begun on 11/5/2018. See transcript. -- Trial continued to 11/6/2018 at 9:00 am. (ab)
November 5, 2018 Filing 490 NOTICE of Filing of Deposition Designations for Earl Comstock. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Exhibit 1 - Summary of Comstock Deposition Designations, # 2 Exhibit 2 - Comstock Deposition Designations)(Ho, Dale)
November 5, 2018 Filing 489 NOTICE of Filing of Trial Affidavits. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Exhibit 1 - Oct. 26, 2018 Affidavit of Steven K. Choi, # 2 Exhibit 2 - Nov. 2, 2018 Supplemental Affidavit of Steven K. Choi, # 3 Exhibit 3 - Oct. 26, 2018 Affidavit of Jennifer Van Hook)(Ho, Dale)
November 5, 2018 Filing 488 NOTICE of Filing of Trial Affidavits. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (Oct. 23, 2018 Affidavit of Evelyn Rodriguez), # 2 Exhibit 2 (Nov. 3, 2018 Supplemental Affidavit of Evelyn Rodriguez), # 3 Exhibit 3 (Oct. 23, 2018 Affidavit of Monica Sarmiento), # 4 Exhibit 4 (Nov. 3, 2018 Supplemental Affidavit of Monica Sarmiento))(Colangelo, Matthew)
November 5, 2018 Filing 487 NOTICE of Supplemental Objections to Plaintiffs' Trial Affidavits. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Ehrlich, Stephen)
November 5, 2018 Filing 486 SEALED DOCUMENT placed in vault.(mhe)
November 5, 2018 Opinion or Order Filing 485 AMENDED OPINION AND ORDER. Defendants' motion for a stay of trial and associated deadlines is DENIED. The Clerk of Court is directed to terminate Docket No. 397. SO ORDERED. (Signed by Judge Jesse M. Furman (Amended) on 11/5/2018) (rjm)
November 5, 2018 Opinion or Order Filing 482 ORDER granting 469 Motion for Colleen M. Campbell to Appear Pro Hac Vice; granting 471 Motion for Andrew J. Pincus to Appear Pro Hac Vice; granting 472 Motion for Michael B. Kimberly to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
November 5, 2018 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Stephen Ehrlich to RE-FILE Document 475 MOTION in Limine to Exclude Supplemental Expert Opinions. Use the event type Letter found under the event list Other Documents. (db)
November 5, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 469 MOTION for Colleen M. Campbell to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., 471 MOTION for Andrew J. Pincus to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15854699. Motion and supporting papers to be reviewed by Clerk's Office staff., 472 MOTION for Michael B. Kimberly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15855088. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
November 4, 2018 Filing 481 LETTER addressed to Judge Jesse M. Furman from Matthew Colangelo dated November 4, 2018 re: Plaintiffs' exhibits (corrected). Document filed by State Of New York. (Attachments: # 1 Corrected attachments listing Plaintiffs' exhibits)(Colangelo, Matthew)
November 4, 2018 Filing 480 NOTICE of Filing of Joint Stipulations. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, City Of New York, City and County of San Francisco, City of Central Falls, City of Chicago, City of Columbus, City of Philadelphia, City of Pittsburgh, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, Make the Road -- New York, New York Immigration Coalition, State Of Connecticut, State Of New York, State of Colorado, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Attachments: # 1 Exhibit 1 - Joint Stipulations)(Ho, Dale)
November 4, 2018 Filing 479 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Matthew Colangelo dated November 4, 2018 re: 475 MOTION in Limine to Exclude Supplemental Expert Opinions. . Document filed by State Of New York. (Colangelo, Matthew)
November 4, 2018 Filing 478 LETTER addressed to Judge Jesse M. Furman from Matthew Colangelo dated November 4, 2018 re: Plaintiffs' exhibits. Document filed by State Of New York. (Attachments: # 1 Attachments listing Plaintiffs' exhibits)(Colangelo, Matthew)
November 4, 2018 Filing 477 NOTICE of of Filing of Defendants' Objections to Plaintiffs' Supplemental Exhibits. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit Defendants' Objections to Plaintiffs' Supplemental Exhibits)(Federighi, Carol)
November 4, 2018 Opinion or Order Filing 476 ORDER re: 463 Defendants' Objections to Plaintiffs' Direct Testimony; and 474 Plaintiffs' Responses to Defendants' Objections. Upon review of the parties' submissions, Defendants' objections to the affidavits of Steven Choi, Evelyn Rodriguez, and Monica Sarmiento are all overruled. Hearsay is defined as an out-of-court statement offered "to prove the truth of the matter asserted." Fed. R. Evid. 801(c). It is black-letter law that statements offered to prove state of mind, statements offered to prove an effect on the listener or others, and questions are not hearsay. In light of those well-established principles, and the clear purpose of the witnesses' proffered testimony, Defendants' hearsay objections are utterly lacking in merit (to the extent that they are even based on out-of-court statements at all). Defendants' foundation and undisclosed expert testimony objections fare no better, particularly if the witnesses' supplemental affidavits submitted yesterday are considered. The parties should immediately confer with respect to the need for the witnesses to appear in person tomorrow in light of the foregoing rulings. Further, Defendants should be prepared in the morning to address their objections to Plaintiffs' remanining witnesses - namely, whether they should file a revised set of objections in light of the foregoing rulings (as well as any objections they may have to Plaintiffs' supplemental affidavits). SO ORDERED. (Signed by Judge Jesse M. Furman on 11/4/2018) (Text Only Order)(Furman, Jesse)
November 3, 2018 Filing 475 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine to Exclude Supplemental Expert Opinions. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.(Ehrlich, Stephen) Modified on 11/5/2018 (db).
November 3, 2018 Filing 474 NOTICE of Plaintiffs' responses to Defendants' objections to direct testimony re: 463 Notice (Other),. Document filed by State Of New York. (Colangelo, Matthew)
November 2, 2018 Opinion or Order Filing 484 ORDER of USCA (Certified Copy) USCA Case Number 18-2856. The application for stay presented to Justice Ginsburg and by her referred to the Court is denied. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the application. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/2/2018. (tp)
November 2, 2018 Opinion or Order Filing 483 ORDER of USCA (Certified Copy) USCA Case Number 18-2652. The application for stay presented to Justice Ginsburg and by her referred to the Court is denied. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the application. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/2/2018. (tp)
November 2, 2018 Filing 473 LETTER addressed to Judge Jesse M. Furman from Matthew Colangelo dated November 2, 2018 re: Notice of Supreme Court order denying Defendants' application for a stay. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (18A455 In re Dept of Commerce Order))(Colangelo, Matthew)
November 2, 2018 Filing 472 MOTION for Michael B. Kimberly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15855088. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Vincent P. Barabba, Robert M. Groves, Steven H. Murdock, Kenneth Prewitt, Martha Farnsworth Riche. (Attachments: # 1 Exhibit A - Certificate of Good Standing, # 2 Exhibit B - Declaration of Michael B. Kimberly, # 3 Text of Proposed Order)(Kimberly, Michael)
November 2, 2018 Filing 471 MOTION for Andrew J. Pincus to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15854699. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Vincent P. Barabba, Robert M. Groves, Steven H. Murdock, Kenneth Prewitt, Martha Farnsworth Riche. (Attachments: # 1 Exhibit Exhibit A - Certificate of Good Standing, # 2 Exhibit Exhibit B - Declaration of Andrew J. Pincus, # 3 Text of Proposed Order)(Pincus, Andrew)
November 2, 2018 Filing 470 LETTER addressed to Judge Jesse M. Furman from Matthew Colangelo dated November 2, 2018 Document filed by State Of New York.(Colangelo, Matthew)
November 2, 2018 Filing 469 MOTION for Colleen M. Campbell to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Vincent P. Barabba, Robert M. Groves, Steven H. Murdock, Kenneth Prewitt, Martha Farnsworth Riche. (Attachments: # 1 Exhibit A - Certificates of Good Standing, # 2 Exhibit B - Declaration of Colleen M. Campbell, # 3 Text of Proposed Order)(Campbell, Colleen)
November 2, 2018 Opinion or Order Filing 468 MEMO ENDORSEMENT on re: 466 Letter filed by City Of New York, County of El Paso, City of Central Falls, State of Rhode Island, State of Minnesota, Make the Road-New York, State of Iowa, City of Seattle, United States Conference of Mayors, State of Vermont, City of Philadelphia, State of New Jersey, State of Illinois, Commonwealth of Virginia, ADC Research Institute, City of Providence, New York Immigration Coalition, State of North Carolina, State of Delaware, City of Pittsburgh, State of Maryland, Commonwealth of Pennsylvania, Commonwealth of Massachusetts, State Of New York, County of Monterey, County of Hidalgo, State of Oregon, State Of Connecticut, City of Columbus, District of Columbia, American-Arab Anti-Discrimination Committee, County of Cameron, City and County of San Francisco, State of New Mexico, State of Colorado, State of Washington, City of Chicago, CASA de Maryland. ENDORSEMENT: Application GRANTED. Counsel shall make the necessary arrangements through the District Executive's Office. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/2/2018) (ne)
November 2, 2018 Filing 467 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Colleen M. Campbell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15853392. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Vincent P. Barabba, Robert M. Groves, Steven H. Murdock, Kenneth Prewitt, Martha Farnsworth Riche. (Attachments: # 1 Exhibit A - Certificates of Good Standing, # 2 Exhibit B - Declaration of Colleen M. Campbell, # 3 Text of Proposed Order)(Campbell, Colleen) Modified on 11/2/2018 (ma).
November 2, 2018 Filing 466 FIRST LETTER addressed to Judge Jesse M. Furman from Dale E. Ho dated November 2, 2018 re: Courtroom Technology. Document filed by City Of New York, City and County of San Francisco, City of Central Falls, City of Chicago, City of Columbus, City of Philadelphia, City of Pittsburgh, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, State Of Connecticut, State Of New York, State of Colorado, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors, ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition.Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(Ho, Dale)
November 2, 2018 Opinion or Order Filing 465 ORDER re: 414 LETTER MOTION to Compel Defendants to produce documents shared with Mark Neuman and John Gore. As discussed on the record at yesterday's conference, Defendants shall promptly file with the Sealed Records Department unredacted copies of the documents that were the subject of Plaintiffs' motion to compel. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/2/2018) (Text Only Order) (Furman, Jesse)
November 2, 2018 Filing 464 MEMO ENDORSEMENT on 460 Letter filed by State Of New York re Courtroom Connect: Application GRANTED. Counsel shall make the necessary arrangements through the District Executive's Office. (Signed by Judge Jesse M. Furman on 11/1/2018) (ab)
November 2, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 467 MOTION for Colleen M. Campbell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15853392. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): THE PROPOSED ORDER MUST BE TITLED AS "PROPOSED ORDER". Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
November 1, 2018 Minute Entry for proceedings held before Judge Jesse M. Furman: Final Pretrial Conference held on 11/1/2018. Court reporter present. -- See transcript. (ab)
November 1, 2018 Filing 463 NOTICE of CORRECTED Notice of Objections to Plaintiffs' Direct Testimony. Document filed by United States Department of Commerce. (Attachments: # 1 Exhibit NYAG Initial Disclosures, # 2 Exhibit NYIC Initial Disclosures, # 3 Exhibit NYAG Supplemental Disclosures, # 4 Exhibit City of Phoenix Initial Disclosures)(Bailey, Kate)
November 1, 2018 Filing 462 NOTICE of Notice of Objections to Plaintiffs' Direct Testimony. Document filed by United States Department of Commerce. (Attachments: # 1 Exhibit NYAG Initial Disclosures, # 2 Exhibit NYIC Initial Disclosures, # 3 Exhibit NYAG Initial Disclosures, # 4 Exhibit City of Phoenix Initial Disclosures)(Bailey, Kate)
November 1, 2018 Opinion or Order Filing 461 JOINT PRETRIAL ORDER: This case has been set for a two week bench trial to begin on November 5, 2018. The Court will not be in session on November 8 or 12, 2018. The parties believe that the trial can be completed in the allotted time. At least one party has not consented to trial by magistrate. The Court enters this Joint Pretrial Order as modified on the record at the Final Pretrial Conference held November 1, 2018. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/1/2018) (ne)
November 1, 2018 Filing 460 FIRST LETTER addressed to Judge Jesse M. Furman from Sania W. Khan dated November 1, 2018 re: Courtroom Connect. Document filed by State Of New York.(Khan, Sania)
November 1, 2018 Opinion or Order Filing 459 ORDER granting in part and denying in part 408 and 411 Motions in Limine; and denying 414 Letter Motion to Compel. For the Court's rulings, see the transcript of the final pretrial conference held earlier today. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
November 1, 2018 Filing 458 NOTICE OF APPEARANCE by David Eli Nachman on behalf of State Of New York. (Nachman, David)
October 31, 2018 Filing 457 RESPONSE in Opposition to Motion re: 408 MOTION in Limine to admit administrative record, exclude irrelevant evidence, and disqualify expert witness. . Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Attachment A1, # 2 Attachment A2, # 3 Attachment A3-1, # 4 Attachment A3-2, # 5 Attachment A4-1, # 6 Attachment A4-2, # 7 Attachment A5-1, # 8 Attachment A5-2, # 9 Attachment A6, # 10 Attachment A7)(Freedman, John)
October 31, 2018 Filing 456 TRIAL BRIEF Defendants' Pretrial Reply Memorandum of Law. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.(Ehrlich, Stephen)
October 31, 2018 Filing 455 TRIAL BRIEF Plaintiffs' Pretrial Reply Memorandum of Law. Document filed by State Of New York.(Colangelo, Matthew)
October 31, 2018 Filing 454 NOTICE OF APPEARANCE by Joshua E. Gardner on behalf of Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Gardner, Joshua)
October 31, 2018 NOTICE: The final pretrial conference scheduled for tomorrow, November 1, 2018, and trial will be held in Courtroom 110 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY 10007. (ab)
October 30, 2018 Filing 453 OPPOSITION BRIEF to Pls.' Motions in Limine, Doc. Nos. 411, 413. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.(Bailey, Kate)
October 30, 2018 Opinion or Order Filing 452 ORDER denying 387 Motion to Preclude Expert Testimony. Upon review of the parties' submissions, the Court denies Plaintiffs' motion to preclude, substantially for the reasons set forth in 404 Defendants' opposition. The Court is unpersuaded that Defendants violated Rule 26 of the Federal Rules of Civil Procedure and, to the extent there was a violation, it was harmless. Further, given that any trial would be without a jury, the Court need not rule on Plaintiffs' arguments under Rule 702 of the Federal Rules of Evidence now. Instead, the Court will consider those arguments in evaluating Dr. Abowd's testimony at trial. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 30, 2018 Filing 451 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Martin M. Tomlinson dated 10/30/2018 re: 414 LETTER MOTION to Compel Defendants to produce documents shared with Mark Neuman and John Gore addressed to Judge Jesse M. Furman from Matthew Colangelo dated October 28, 2018. . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit Declaration of John Gore, # 2 Exhibit Declaration of James W. Uthmeier)(Tomlinson, Martin)
October 30, 2018 Opinion or Order Filing 450 ORDER granting 449 Motion for Leave to File Amicus Brief. The brief submitted by amici New York State Black, Puerto Rican, Hispanic, and Asian Legislative Caucus, et al., (Docket No. 449-1), is accepted as filed pursuant to the Court's Order of October 30, 2018 (Docket No. 445). (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 30, 2018 Filing 449 MOTION for Leave to Appear ., CONSENT MOTION to File Amicus Brief . Document filed by New York State Black Puerto Rican Hispanic and Asian Legislative Caucus. (Attachments: # 1 Consent Motion, # 2 Notice of Appearance)(Daniel Favors, Lurie)
October 30, 2018 Opinion or Order Filing 448 ORDER granting 421 Motion for Alan Jay Butler to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 30, 2018 Filing 447 NOTICE OF APPEARANCE by Joshua Morgan Wesneski on behalf of General Assembly, Minneapolis Regional Chamber of Commerce, Tech:NYC, Topia, Univision Communications Inc., Warby Parker. (Wesneski, Joshua)
October 30, 2018 Filing 446 NOTICE OF APPEARANCE by Danielle Fidler on behalf of State Of New York. (Fidler, Danielle)
October 30, 2018 Opinion or Order Filing 445 ORDER denying as moot 424 Letter Motion to File Amicus Brief; granting 443 Letter Motion to File Amicus Brief. On October 29, 2018, proposed Amicus Curiae the Leadership Conference on Civil and Human Rights ("the Leadership Conference") filed its proposed brief for the Court's consideration at trial, together with a motion for leave to file, but appears to have erroneously designated several parties through the ECF system that are not signatories to that amicus brief. (See Docket No. 424 ). On October 30, 2018, the Leadership Conference resubmitted the identical documents, with corrected ECF designations. (See Docket No. 443 ). The Leadership Conference's motion for leave to file an amicus brief for consideration at trial and the attached proposed amicus brief (Docket No. 443 ) are deemed filed as of October 29, 2018, and the motion is GRANTED. In light of that, the earlier motion (Docket No. 424 ) is DENIED as moot. Additionally, on October 29, 2018, the Court received the motion of New York State Black, Puerto Rican, Hispanic, and Asian Legislative Caucus, et al., for leave to file an amicus brief for the Court's consideration at trial. That motion is GRANTED and the attached amicus brief is deemed filed as of October 29, 2018. Amicus New York State Black, Puerto Rican, Hispanic, and Asian Legislative Caucus, et al., shall promptly file a PDF version of their amicus brief on ECF. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 30, 2018 Opinion or Order Filing 444 ORDER granting 420 Letter Motion to File Amicus Brief; granting 423 Letter Motion to File Amicus Brief; granting 426 Letter Motion to File Amicus Brief; granting 427 Letter Motion to File Amicus Brief; granting 428 Letter Motion for Leave to File Document; granting 435 Letter Motion to File Amicus Brief; granting 439 Letter Motion to File Amicus Brief. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 30, 2018 Filing 443 CONSENT MOTION to File Amicus Brief . Document filed by The Leadership Conference on Civil and Human Rights. (Attachments: # 1 Proposed Amicus Brief)(Schoenfeld, Alan)
October 30, 2018 Opinion or Order Filing 442 ORDER granting 434 Motion for Stuart F. Delery to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 30, 2018 Opinion or Order Filing 441 ORDER granting 425 Motion for Michelle Shane Kallen to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 30, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 434 MOTION for Stuart F. Delery to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15827943. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 30, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 421 MOTION for Alan Jay Butler to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
October 30, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 425 MOTION for Michelle Shane Kallen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 29, 2018 Filing 440 NOTICE OF APPEARANCE by Alice Shih LaCour on behalf of Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (LaCour, Alice)
October 29, 2018 Filing 439 MOTION to File Amicus Brief in support of Plaintiffs. Document filed by General Assembly, Minneapolis Regional Chamber of Commerce, Tech:NYC, Topia, Univision Communications Inc., Warby Parker. (Attachments: # 1 Proposed Brief of Amici Curiae, # 2 Text of Proposed Order)(Southwell, Alexander)
October 29, 2018 Filing 438 NOTICE OF APPEARANCE by Geoffrey James Derrick on behalf of Council on American-Islamic Relations, New York, Inc., Fred T. Korematsu Center for Law and Equality, Norman Y. Mineta, The Sakamoto Sisters. (Derrick, Geoffrey)
October 29, 2018 Filing 437 NOTICE OF APPEARANCE by Alice Hsu on behalf of Council on American-Islamic Relations, New York, Inc., Fred T. Korematsu Center for Law and Equality, Norman Y. Mineta, The Sakamoto Sisters. (Hsu, Alice)
October 29, 2018 Filing 436 MEMORANDUM OF LAW in Support re: 435 MOTION to File Amicus Brief . . Document filed by Council on American-Islamic Relations, New York, Inc., Fred T. Korematsu Center for Law and Equality, Norman Y. Mineta, The Sakamoto Sisters. (Pees, Robert)
October 29, 2018 Filing 435 MOTION to File Amicus Brief . Document filed by Council on American-Islamic Relations, New York, Inc., Fred T. Korematsu Center for Law and Equality, Norman Y. Mineta, The Sakamoto Sisters. (Attachments: # 1 Proposed Brief of Amici Curiae, # 2 Certificate of Service)(Pees, Robert)
October 29, 2018 Filing 434 MOTION for Stuart F. Delery to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15827943. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by General Assembly, Minneapolis Regional Chamber of Commerce, Tech:NYC, Topia, Univision Communications Inc., Warby Parker. (Attachments: # 1 Declaration of Stuart F. Delery, # 2 Exhibit A- D.C. Certificate of Good Standing, # 3 Exhibit B- VA Certificate of Good Standing, # 4 Text of Proposed Order)(Delery, Stuart)
October 29, 2018 Filing 433 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fred T. Korematsu Center for Law and Equality.(Pees, Robert)
October 29, 2018 Filing 432 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Council on American-Islamic Relations, New York, Inc..(Pees, Robert)
October 29, 2018 Filing 431 NOTICE OF APPEARANCE by Robert Hardy Pees on behalf of Council on American-Islamic Relations, New York, Inc., Fred T. Korematsu Center for Law and Equality, Norman Y. Mineta, The Sakamoto Sisters. (Pees, Robert)
October 29, 2018 Filing 430 NOTICE OF APPEARANCE by Lee Ross Crain on behalf of General Assembly, Minneapolis Regional Chamber of Commerce, Tech:NYC, Topia, Univision Communications Inc., Warby Parker. (Crain, Lee)
October 29, 2018 Filing 429 NOTICE OF APPEARANCE by Alexander H. Southwell on behalf of Tech:NYC, Univision Communications Inc., Warby Parker, General Assembly, Topia, Minneapolis Regional Chamber of Commerce. (Southwell, Alexander)
October 29, 2018 Filing 428 MOTION for Leave to File Amicus Brief . Document filed by Electronic Privacy Information Center. (Attachments: # 1 Proposed Brief as Amicus Curiae in Support of Plaintiffs' Position at Trial, # 2 Text of Proposed Order)(Butler, Alan)
October 29, 2018 Filing 427 CONSENT MOTION to File Amicus Brief . Document filed by Common Cause. (Attachments: # 1 Amici curiae brief, # 2 Text of Proposed Order)(Diskant, Gregory)
October 29, 2018 Filing 426 FIRST MOTION to File Amicus Brief In Support of Defendants' Position At Trial. Document filed by Public Interest Legal Foundation, Inc.(Public Interest Legal Foundation), Public Interest Legal Foundation, Inc.. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Text of Proposed Order Proposed Order Accepting Amicus Brief, # 3 Affidavit Certificate of Service)(Paltzik, Edward)
October 29, 2018 Filing 425 MOTION for Michelle Shane Kallen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Commonwealth of Virginia. (Attachments: # 1 Affidavit, # 2 Exhibit Good Standing Certificate, Virginia, # 3 Exhibit Good Standing Certificate, DC, # 4 Exhibit Good Standing Certificate, California, # 5 Text of Proposed Order)(Kallen, Michelle)
October 29, 2018 Filing 424 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 443 Motion) - CONSENT MOTION to File Amicus Brief . Document filed by Muslim Advocates, National Association of Latino Elected and Appointed Officials, National Coalition on Black Civic Participation, The Leadership Conference Education Fund, The Leadership Conference on Civil and Human Rights. (Attachments: # 1 Proposed Amicus Curiae Brief)(Schoenfeld, Alan) Modified on 10/31/2018 (db).
October 29, 2018 Filing 423 MOTION to File Amicus Brief in Support of Plaintiffs' Trial Position. Document filed by Vincent P. Barabba, Martha Farnsworth Riche, Kenneth Prewitt, Steven H. Murdock, Robert M. Groves. (Attachments: # 1 Exhibit Proposed Census Amicus Brief)(Ingber, Matthew)
October 29, 2018 Filing 422 LETTER REPLY to Response to Motion addressed to Judge Jesse M. Furman from John A. Freedman dated October 29, 2018 re: 387 MOTION to Preclude Expert Testimony. . Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, City Of New York, City and County of San Francisco, City of Central Falls, City of Chicago, City of Columbus, City of Philadelphia, City of Phoenix, City of Phoenix, City of Pittsburgh, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, Make the Road -- New York, New York Immigration Coalition, State Of Connecticut, State Of New York, State of Colorado, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Attachments: # 1 Exhibit 1)(Freedman, John)
October 29, 2018 Filing 421 MOTION for Alan Jay Butler to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Electronic Privacy Information Center. (Attachments: # 1 Affidavit, # 2 Exhibit DC Certificate, # 3 Exhibit California Certificate, # 4 Text of Proposed Order)(Butler, Alan)
October 29, 2018 Filing 420 MOTION to File Amicus Brief . Document filed by American Statistical Association, American Sociological Association, Population Association of America. (Attachments: # 1 Proposed Brief as Amici Curiae in Support of Plaintiffs' Position at Trial)Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(Feinberg, Ira)
October 29, 2018 Filing 419 NOTICE of of Filing of Defendants' Revised Objections to Plaintiffs' Exhibits. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit Defendants' Revised Objections to Plaintiffs' Exhibits)(Federighi, Carol)
October 29, 2018 Filing 418 NOTICE of of Filing of Defendants' Objections to Plaintiffs' Exhibits. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit Defendants' Objections to Plaintiffs' Exhibits)(Federighi, Carol)
October 29, 2018 Filing 417 NOTICE OF APPEARANCE by Carlotta Wells on behalf of Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Wells, Carlotta)
October 29, 2018 Filing 416 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Alan Jay Butler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15822759. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Electronic Privacy Information Center. (Attachments: # 1 Affidavit, # 2 Exhibit Certificates, # 3 Text of Proposed Order)(Butler, Alan) Modified on 10/29/2018 (wb).
October 29, 2018 Opinion or Order Filing 415 ORDER with respect to 414 Letter Motion to Compel: Defendants shall file any opposition to Plaintiffs' motion to compel no later than Tuesday, October 30, 2018 at 5:00 p.m. Contemporaneous with the filing of their opposition, Defendants shall submit the disputed documents to the Court, via e-mail to Chambers, for in camera review. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 29, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 416 MOTION for Alan Jay Butler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15822759. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
October 28, 2018 Filing 414 LETTER MOTION to Compel Defendants to produce documents shared with Mark Neuman and John Gore addressed to Judge Jesse M. Furman from Matthew Colangelo dated October 28, 2018. Document filed by State Of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Colangelo, Matthew)
October 27, 2018 Filing 413 NOTICE of to Correct Caption of ECF 411 (Notice in Limine to Exclude Certain Categories of Testimony and Other Evidence) re: 411 Memorandum of Law in Support of Motion,. Document filed by Make the Road -- New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Freedman, John)
October 26, 2018 Filing 412 PRETRIAL MEMORANDUM. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.(Bailey, Kate)
October 26, 2018 Filing 411 MEMORANDUM OF LAW in Support re: 408 MOTION in Limine to admit administrative record, exclude irrelevant evidence, and disqualify expert witness. . Document filed by City Of New York, New York Immigration Coalition, State Of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Freedman, John)
October 26, 2018 Filing 410 PRETRIAL MEMORANDUM. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, City Of New York, City and County of San Francisco, City of Central Falls, City of Chicago, City of Columbus, City of Philadelphia, City of Phoenix, City of Pittsburgh, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, Make the Road -- New York, New York Immigration Coalition, State Of Connecticut, State Of New York, State of Colorado, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors.(Colangelo, Matthew)
October 26, 2018 Filing 409 PROPOSED PRE-TRIAL ORDER. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, City Of New York, City and County of San Francisco, City of Central Falls, City of Chicago, City of Columbus, City of Philadelphia, City of Phoenix, City of Pittsburgh, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, Make the Road -- New York, New York Immigration Coalition, State Of Connecticut, State Of New York, State of Colorado, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Attachments: # 1 Exhibit A - Plaintiffs' Witness List, # 2 Exhibit B - Plaintiffs' Exhibit List, # 3 Exhibit C - Defendants' Exhibit List) (Ho, Dale)
October 26, 2018 Filing 408 MOTION in Limine to admit administrative record, exclude irrelevant evidence, and disqualify expert witness. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit Habermann Expert Report, # 2 Exhibit Thompson Expert Report, # 3 Exhibit Hillygus Expert Report, # 4 Exhibit Handley Expert Report, # 5 Exhibit Mellett Declaration, # 6 Exhibit Karlan Expert Report, # 7 Exhibit Ely Expert Report)(Bailey, Kate)
October 26, 2018 Opinion or Order Filing 407 ORDER re: 406 Letter filed by State Of New York. The deadline for the parties to file deposition designations, counter-designations, and objections is hereby extended to November 2, 2018, at noon. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/26/2018) (Text Only Order) (Furman, Jesse)
October 26, 2018 Filing 406 JOINT LETTER addressed to Judge Jesse M. Furman from Elena Goldstein dated October 26, 2018 re: proposed deadlines for submission of deposition designations. Document filed by State Of New York.(Goldstein, Elena)
October 26, 2018 Opinion or Order Filing 405 OPINION AND ORDER re: 397 LETTER MOTION to Stay Trial and Pretrial Events : For the reasons set forth in this Opinion, Defendants' motion for a stay of trial and associated deadlines is DENIED. The Clerk of Court is directed to terminate Docket No. 397. (Signed by Judge Jesse M. Furman on 10/26/2018) (ab)
October 26, 2018 Filing 404 LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman re: 387 MOTION to Preclude Expert Testimony. . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Ehrlich, Stephen)
October 25, 2018 Opinion or Order Filing 403 ORDER denying 389 Motion to authorize remote trial testimony or de bene esse trial depositions of Commerce Department officials. Plaintiffs' motion is denied substantially for the reasons set forth in 400 Defendants' opposition letter. The Court is skeptical that Rules 43 and 45 of the Federal Rules of Civil Procedure authorize the Court to require the witnesses at issue to testify remotely via videotape and, regardless, concludes that Plaintiffs cannot show "good cause" to proceed in such a manner, Fed. R. Civ. P. 43(a), given, among other things, that they chose this forum to bring their cases, presumably knowing that certain officials would be beyond the Court's subpoena power. In the final analysis, at most, the disclosure of documents after the depositions at issue had been taken might have justified granting leave to reopen those depositions. But Plaintiffs failed to seek that relief (if they even do in this motion) until the eve of the discovery deadline, and thus cannot demonstrate "good cause" to grant that relief now, with literally hours remaining before discovery ends. See, e.g., Fed. R. Civ. P. 16(b)(4) ("A schedule may be modified only for good cause and with the judge's consent."); Grochowski v. Phoenix Const., 318 F.3d 80, 86 (2d Cir. 2003) ("A finding of good cause depends on the diligence of the moving party"). (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 25, 2018 Filing 402 NOTICE of of Filing. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Tomlinson, Martin)
October 24, 2018 Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 10/24/2018. Court reporter present. -- See transcript. (ab)
October 24, 2018 Opinion or Order Filing 401 ORDER granting in part and denying in part 386 Motion for Pre-Trial. It is hereby ORDERED that Plaintiffs' motion for leave to present live direct testimony at trial (Docket No. 386) is GRANTED in part and DENIED in part to the extent discussed, and for the reasons given, on the record at the conference held today, October 24, 2018. Specifically, the Court will permit the live direct testimony of Plaintiffs' expert witnesses (including the testimony of Dr. Salvo in its entirety), and of Dr. Abowd, (see Docket No. 393, at 2). It is further ORDERED that discovery in this case is extended to October 28, 2018 for the limited purpose of Plaintiffs' depositions of Mr. Gore, Mr. Langdon, Ms. Park-Su, and Mr. Neuman. It is further ORDERED that any motion to compel Defendants to produce the two documents provided to Mr. Gore from the Department of Commerce (see Docket No. 399, at 1) shall be filed by tomorrow, October 25, 2018, at 10:00 a.m. Defendants shall file any response the same day by 4:00 p.m. The Clerk is directed to terminate Docket No. 386. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/24/2018) (ne)
October 24, 2018 Filing 400 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Garrett Coyle dated October 24, 2018 re: 389 MOTION to Authorize remote trial testimony or de bene esse trial depositions of Commerce Department officials . . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit 1 (Excerpts from Defendants' Responses to Plaintiffs' Requests for Admission), # 2 Exhibit 2 (Excerpts from Transcript of Deposition of Acting Deputy Secretary Karen Dunn Kelley))(Coyle, Garrett)
October 24, 2018 Filing 399 LETTER addressed to Judge Jesse M. Furman from Elena Goldstein dated October 24, 2018 re: Plaintiffs' status update. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (email from Defendants' counsel))(Goldstein, Elena)
October 24, 2018 Filing 398 LETTER addressed to Judge Jesse M. Furman from Martin M. Tomlinson dated 10/24/2018 re: Matters Identified in the Court's October 23, 2018 Order (ECF No. 390). Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit September 20, 2018 email re: Title 13 materials)(Tomlinson, Martin)
October 24, 2018 Set/Reset Deadlines: Discovery due by 10/28/2018. Motions due by 10/25/2018. Responses due by 10/25/2018 (ne)
October 23, 2018 Filing 397 LETTER MOTION to Stay Trial and Pretrial Events addressed to Judge Jesse M. Furman from Martin M. Tomlinson dated 10/23/2018. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit Supreme Court Order Granting in Part and Denying in Part Application for Stay)(Tomlinson, Martin)
October 23, 2018 Opinion or Order Filing 396 ORDER re: 394 Letter filed by New York Immigration Coalition, ADC Research Instittue, Make the Road - New York, Arab-American Anti-Discrimination Committee, CASA de Maryland. Counsel is granted relief from the requirement of Paragraph 2(A) of the Court's Individual Rules and Practices for Civil Cases. In light of that, the conference for tomorrow remains at 2:30 p.m. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/23/2018) (Text Only Order) (Furman, Jesse)
October 23, 2018 Opinion or Order Filing 395 ORDER granting 391 Motion for Melissa Medoway to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 23, 2018 Filing 394 LETTER addressed to Judge Jesse M. Furman from John A. Freedman dated October 23, 2018 re: October 24 Status Conference Start Time. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition.(Freedman, John)
October 23, 2018 Filing 393 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Garrett Coyle dated October 23, 2018 re: 386 MOTION for Pre-Trial Issues: Leave to Present Live Direct Testimony. . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Coyle, Garrett)
October 23, 2018 Opinion or Order Filing 392 OPINION from the United States Supreme Court (Certified by the U.S. Court of Appeals, Second Circuit) USCA Case Number 18-2856; 18-2857. The application for stay presented to JUSTICE GINSBURG and by her referred to the Court is granted in part and denied in part. The application is granted as to the order of the United States District Court for the Southern District of New York dated September 21, 2018, which is stayed through October 29, 2018 at 4 p.m. The application is denied as to the orders of the United States District Court for the Southern District of New York dated July 3,2018 and August 17, 2018. If the applicants file a petition for a writ of certiorari or a petition for a writ of mandamus with respect to the stayed order by or before October 29, 2018 at 4 p.m., the stay will remain in effect until disposition of such petition by this Court. Should the petition be denied, this stay shall terminate automatically. In the event the petition is granted, the stay shall terminate upon the sending down of the judgment of this Court. The denial of the stay with respect to the remaining orders does not preclude the applicants from making arguments with respect to those orders. JUSTICE GORSUCH, with whom JUSTICE THOMAS joins,concurring in part and dissenting in part. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 10/23/2018. Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(nd)
October 23, 2018 Filing 391 MOTION for Melissa Medoway to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15792517. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of New Jersey. (Attachments: # 1 Affidavit - Medoway, # 2 Certificate - Medoway, # 3 Order - Medoway)(Medoway, Melissa)
October 23, 2018 Opinion or Order Filing 390 ORDER: In light of the Supreme Court's Order issued last night, the parties shall appear for a status conference tomorrow, October 24, 2018, at 2:30 p.m. No later than 10 a.m. tomorrow, the parties shall submit a joint letter (or, if impracticable, separate letters) addressing (1) when the deposition of Mr. Gore will take place; (2) the status of any open discovery items; (3) the implications of the Supreme Court's continuing stay of the Secretary Ross deposition; and (4) any other issues the parties believe should be discussed at the conference. All other dates and deadlines remain in effect. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/23/2018) (Text Only Order) (Furman, Jesse)
October 23, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 391 MOTION for Melissa Medoway to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15792517. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
October 22, 2018 Filing 389 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Authorize remote trial testimony or de bene esse trial depositions of Commerce Department officials . Document filed by State Of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Colangelo, Matthew) Modified on 11/20/2018 (ldi).
October 22, 2018 Opinion or Order Filing 388 ORDER with respect to 387 Motion to Preclude Expert Testimony. Defendants are granted until October 26, 2018, at noon to file any opposition - not to exceed five single-spaced pages - to Plaintiffs' motion to preclude. Plaintiffs may file a reply, not to exceed three single-spaced pages, by October 29, 2018, at 5 p.m. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 19, 2018 Filing 387 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Preclude Expert Testimony. Document filed by State Of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Colangelo, Matthew) Modified on 11/20/2018 (ldi).
October 19, 2018 Filing 386 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Pre-Trial Issues: Leave to Present Live Direct Testimony. Document filed by State Of New York.(Goldstein, Elena) Modified on 11/20/2018 (ldi).
October 18, 2018 Opinion or Order Filing 385 ORDER re: 384 Scheduling Order. The Scheduling Order just entered erroneously states that the deadline for the filing of any letter motion for leave to conduct live direct examination of witnesses at trial is October 18, 2018. As stated at the conference yesterday, the deadline is tomorrow, October 19, 2018. All other dates and deadlines remain in effect. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/18/2018) (Text Only Order) (Furman, Jesse)
October 18, 2018 Opinion or Order Filing 384 SCHEDULING ORDER: As discussed on the record at the conference held yesterday, the following additional deadlines shall apply to further proceedings in this case: 1. Plaintiffs shall file any letter motion for leave to conduct live direct examination of witnesses at trial by October 18, 2018. Defendants shall file any opposition by 12:00 p.m. on October 23, 2018. No reply may be filed absent leave of Court. 2. Plaintiffs shall file any letter motion for leave to take de bene esse depositions of any witnesses by 5:00 p.m. on October 23, 2018. Defendants shall file any opposition by 5:00 p.m. on October 25, 2018. No reply may be filed absent leave of Court. 3. Any amicus briefs for the Court's consideration at trial shall be submitted, accompanied by a motion for leave to file (indicating, among other things, whether the parties have consented to the filing), no later than October 29, 2018. In all other respects, the Court's previous Scheduling Order (Docket No. 323), and all other dates and deadlines not affected by Justice Ginsburg's stay, remain in effect. Finally, both the final pretrial conference on November 1, 2018, and trial will be held in Courtroom 110 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY 10007. As discussed at the conference, counsel should contact the District Executive's Office with any questions regarding the use of technology in the courtroom or the availability of "war rooms" for trial. SO ORDERED. (As further set forth in this order) Motions due by 10/29/2018. (Signed by Judge Jesse M. Furman on 10/18/2018) (ne)
October 18, 2018 Filing 383 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michelle S. Kallen to Appear Pro Hac Vice . Filing fee $ 200.00. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Commonwealth of Virginia. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit, # 3 D.C. Good Standing Certificate, # 4 California Good Standing Certificate, # 5 Virginia Good Standing Certificate)(Kallen, Michelle) Modified on 10/18/2018 (wb).
October 18, 2018 Filing 382 NOTICE OF CHANGE OF ADDRESS by Carol Federighi on behalf of All Defendants. New Address: U.S. Department of Justice, Civil Division, P.O. Box 883, Washington, DC, USA 20044, 202-514-1903. (Federighi, Carol)
October 18, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 383 MOTION for Michelle S. Kallen to Appear Pro Hac Vice . Filing fee $ 200.00. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
October 17, 2018 Minute Entry for proceedings held before Judge Jesse M. Furman: Pretrial Conference held on 10/17/2018. -- Court reporter present. See transcript. (ab)
October 16, 2018 Filing 381 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michelle S. Kallen to Appear Pro Hac Vice . Filing fee $ 200.00. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Commonwealth of Virginia. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Kallen, Michelle) Modified on 10/16/2018 (ma).
October 16, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 381 MOTION for Michelle S. Kallen to Appear Pro Hac Vice . Filing fee $ 200.00. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): MISSING CERTIFICATE OF GOOD STANDING FROM THE SUPREME COURT OF CALIFORNIA, ALSO PLEASE ENSURE THAT ALL DOCUMENTS LIST THE CORRECT CASE NUMBER.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
October 15, 2018 Filing 380 AMENDED LETTER addressed to Judge Jesse M. Furman from all parties dated October 15, 2018 re: corrected joint status letter. Document filed by State Of New York.(Goldstein, Elena)
October 15, 2018 Filing 379 STATUS REPORT. Joint Status Letter. Document filed by State Of New York. (Attachments: # 1 Exhibit 1)(Colangelo, Matthew)
October 15, 2018 Opinion or Order Filing 378 ORDER granting 377 Motion for Barbara H. Wootton to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 15, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 377 MOTION for Barbara H. Wootton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15737799. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 12, 2018 Filing 377 MOTION for Barbara H. Wootton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15737799. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit, # 3 DC Cert of Good Standing, # 4 MD Cert of Good Standing)(Wootton, Barbara)
October 11, 2018 Filing 376 SEALED DOCUMENT placed in vault.(rz)
October 10, 2018 Filing 375 STATUS REPORT. Document filed by State Of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Colangelo, Matthew)
October 10, 2018 Filing 374 NOTICE of Of Stay. Document filed by Bureau of the Census. (Bailey, Kate)
October 10, 2018 Opinion or Order Filing 372 ORDER of USCA (Certified Copy) USCA Case Number 18-2652, 18-2659, 18-2856, 18-2857. Petitioners have renewed their request for a stay of discovery in Nos. 18-2652 and 18-2659, including the deposition of Acting Assistant Attorney General Gore, in light of the October 5, 2018 order of the United States Supreme Court denying their application for a stay. That order denied Petitioners' application "without prejudice, provided that the Court of Appeals will afford sufficient time for either party to seek relief in this Court before the depositions in question are taken." In re Department of Commerce, Sup. Ct. No. 18A350 (Oct. 5, 2018) (order of Ginsburg, J.). In light of the Supreme Court's order, the deposition of Acting Assistant Attorney General Gore is hereby temporarily stayed for thirty-six hours from the filing of this order. Petitioners also seek a stay of documentary discovery and of the deposition of Commerce Secretary Wilbur Ross. The request for a stay of documentary discoveryrelief which was not sought in Petitioners' initial mandamus petitionis denied. We make no adjudication on the request for a stay of Secretary Ross's deposition, which is before another panel of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 10/10/2018. (Attachments: # 1 Order of Supreme Court of the United States)Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(nd)
October 9, 2018 Opinion or Order Filing 373 ORDER of USCA (Certified Copy) USCA Case Number 18-2856; 18-2857. Petitioners have filed petitions for a writ of mandamus to stay or preclude the deposition of Commerce Secretary Wilbur L. Ross in two consolidated district court cases. Upon due consideration, it is hereby ORDERED that the mandamus petitions are DENIED. The stay of the District Courts order compelling the deposition of Commerce Secretary Wilbur L. Ross will remain in place for 48 hours to allow the parties to seek relief from the Supreme Court and will thereafter be LIFTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 10/9/2018. Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(tp)
October 5, 2018 Filing 371 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Caroline Kelly on behalf of Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition (Kelly, Caroline)
October 5, 2018 Opinion or Order Filing 370 ORDER re: 361 Order on Motion to Compel; and 369 Memorandum & Opinion. Upon reflection, Defendants shall promptly file with the Sealed Records Department unredacted copies of the documents that the Court had directed the Clerk of Court to file under seal - namely, the documents that Defendants have not been ordered to produce to Plaintiffs. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/5/2018) (Text Only Order) (Furman, Jesse)
October 5, 2018 Opinion or Order Filing 369 MEMORANDUM OPINION AND ORDER re: 343 LETTER MOTION to Compel Defendants to produce DOJ documents withheld on grounds of deliberative process privilege addressed to Judge Jesse M. Furman from Elena S. Goldstein dated September 20, 2018 filed by State Of New York. For the foregoing reasons, Plaintiffs' letter motion is GRANTED in part and DENIED in part. In particular, no later than October 9, 2018 at 12:00 p.m., Defendants shall produce to Plaintiffs the documents bearing Bates Nos. 2924, 2925, 2926, 2927, 2951, 2967, 3094, 3098, 3101, 3103, 3105, 3365, 3367, 3371, 3374, 3376, 4457, 13556, and 14772. The Clerk of Court is directed to file and maintain the remaining documents under seal, and to terminate Docket No. 343. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/5/2018) (ne) Transmission to Sealed Records Clerk for processing.
October 4, 2018 Filing 368 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Chase Raines on behalf of Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition (Raines, Chase)
October 3, 2018 Filing 367 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 9/14/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 3, 2018 Filing 366 TRANSCRIPT of Proceedings re: conference held on 9/14/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. 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. Redaction Request due 10/24/2018. Redacted Transcript Deadline set for 11/5/2018. Release of Transcript Restriction set for 1/1/2019.(McGuirk, Kelly)
October 2, 2018 Opinion or Order Filing 365 ORDER of USCA (Certified Copy) USCA Case Number 18-2652; 18-2659. Petitioners request a stay of discovery in Nos. 18-2652 and 18-2659, including the deposition of Acting Assistant Attorney General Gore, pending review by the Supreme Court. We have considered the relevant factors and conclude that a stay in those cases is not warranted. See U.S. S.E.C. v. Citigroup Glob. Mkts. Inc., 673 F.3d 158, 162 (2d Cir. 2012). Upon due consideration, it is hereby ORDERED that the request for a stay is DENIED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 10/2/2018. Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(nd)
September 30, 2018 Opinion or Order Filing 363 ORDER regarding 333 and 341 Parties' Letters concerning the appropriateness of summary judgment. Upon review of the parties' letters, the Court remains firmly convinced that a trial will be necessary to resolve the claims in this case. First, the cases cited by Plaintiffs make clear that APA claims may properly be heard at trial where, as appears to be the case here, there is a need to make credibility determinations in connection with allegations of pretext or an improper government purpose, see, e.g., Buffalo Cent. Terminal v. U.S., 886 F. Supp. 1031, 1037, 1047-48 (W.D.N.Y. 1995), or where there are disputes involving competing experts, see, e.g., Cuomo v. Baldrige, 674 F. Supp. 1089, 1093 (S.D.N.Y. 1987). (See Docket No. 341 , at 1-4). Second, it seems quite clear from the existing record that there will be genuine disputes of material fact precluding entry of summary judgment. See Fed. R. Civ. P. 56(a). Given the foregoing, the Court believes that it would be far more efficient - and more consistent with Defendants' own interest in a speedy resolution of the claims in this case - to proceed directly to trial and that Defendants would be far better off devoting their time and resources to preparing their pre-trial materials than to preparing summary judgment papers. That said, the Court will not bar Defendants from making a motion for summary judgment if they wish to spend their time and resources preparing one. Any such motion shall be filed by October 19, 2018; any opposition to such a motion shall be filed by October 31, 2018; and no reply shall be filed without prior leave of Court. All other dates and deadlines - including the November 5th trial date - remain in effect. (See Docket No. 323 ). SO ORDERED. (Signed by Judge Jesse M. Furman on 9/30/2018) (Text Only Order)(Furman, Jesse)
September 30, 2018 Opinion or Order Filing 362 MEMORANDUM OPINION AND ORDER re: 359 LETTER MOTION to Stay Discovery Pending Supreme Court Review addressed to Judge Jesse M. Furman from Carol Federighi dated 09/28/2018 filed by United States Department of Commerce. Defendants' latest application for stay of discovery in these cases, including the depositions of Secretary Ross and Assistant Attorney General Gore, is DENIED. The application - which does not even bother to recite the requirements for a stay, let alone attempt to show that those requirements have been met - is hard to understand as anything more than a pro forma box-checking exercise for purposes of seeking relief in the Supreme Court. This Court has already rejected Defendants' requests for stays of discovery altogether, of the Assistant Attorney General Gore's deposition, and of Secretary Ross's deposition, (see Docket No. 308 ; Docket No. 345 , at 12), and it adheres to its views on the merits of those requests. To the extent that Defendants request a stay of all discovery, their application is particularly frivolous - if not outrageous - given their inexplicable (and still unexplained) two-month delay in seeking that relief, see New York v. U.S. Dept of Commerce, No. 18-CV-2921 (JMF), 2018 WL 4279467, at *2 (S.D.N.Y. Sept. 7, 2018), and their representation to the Second Circuit only last week that they were not actually seeking a stay of all discovery, (see Docket No. 360 , at 1-2). If anything, the notion that Defendants will suffer irreparable harm absent a stay of all discovery is even more far-fetched now than it was when first requested on August 31, 2018, as the parties are nearly three months into discovery and only days away from completing it. The Court will not permit (and doubts that either the Second Circuit or the Supreme Court would permit) Defendants to use their arguably timely challenges to the Orders authorizing depositions of Assistant Attorney General Gore and Secretary Ross to bootstrap an untimely - and almost moot - challenge to the July 3rd Order authorizing extra-record discovery, particularly when only nine business days remain before the close of such discovery and much apparently remains to be done. (See Docket No. [360-1]). Unless and until this Court's Orders are stayed by a higher court, Defendants shall comply with their discovery obligations completely and expeditiously; the Court will not look kindly on any delay, and - absent relief from a higher court - will not extend discovery beyond October 12th given the November 5th trial date. As for the deposition of Secretary Ross, which has been administratively stayed by the Court of Appeals (see Docket No. [360-3]), the Court takes Defendants at their word when they say that the deposition "can be conducted expeditiously should [the Second Circuit] deny the government's petition," (Pets. for Mandamus at 32, Nos. 18-2856 & 18-2857 (2d Cir. Sept. 27, 2018)). In light of that representation, and the discovery deadline of October 12, 2018, Defendants should endeavor to ensure that Secretary Ross remains available for a deposition on October 11, 2018, so that the deposition may take place before discovery closes in the event that the administrative stay is lifted by that date and Defendants' efforts to obtain permanent relief fail. For the foregoing reasons, Defendants' latest application for stay of discovery in these cases, "including" the depositions of Secretary Ross and Assistant Attorney General Gore, is DENIED. The Clerk of Court is directed to terminate Docket No. 359 . (Signed by Judge Jesse M. Furman on 9/30/2018) Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(ab) Modified on 9/30/2018 (ab).
September 30, 2018 Opinion or Order Filing 361 ORDER granting in part and denying in part 349 Letter Motion to Compel Defendants to produce documents withheld on grounds of attorney-client and deliberative process privilege. Upon review of the disputed documents in camera, Plaintiffs' letter motion seeking an order to compel production of documents withheld on a claim of attorney-client privilege is GRANTED in part and DENIED in part. In particular, the Court finds that the document bearing Bates No. 9190 must be disclosed in unredacted form, substantially for the reasons stated in Plaintiffs' letter motion. (See Docket No. 349 , at 2-3). The Court upholds Defendants' invocation of the attorney-client privilege with respect to the remaining disputed documents, substantially for the reasons stated in Defendants' opposition. (See Docket No. 354 , at 1-2). No later than October 1, 2018, Defendants shall disclose an unredacted copy of the document bearing Bates No. 9190. The Clerk of Court is directed to file and maintain the rest of the documents under seal. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 29, 2018 Filing 360 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Matthew Colangelo dated September 29, 2018 re: 359 LETTER MOTION to Stay Discovery Pending Supreme Court Review addressed to Judge Jesse M. Furman from Carol Federighi dated 09/28/2018. . Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (Plaintiffs' letter of 9/25/18 regarding discovery), # 2 Exhibit 2 (Defendants' emergency motion for immediate administrative stay), # 3 Exhibit 3 (CA2 order of 9/28/18 regarding administrative stay motion))(Colangelo, Matthew)
September 28, 2018 Opinion or Order Filing 364 ORDER of USCA (Certified Copy) USCA Case Number 18-2856. As part of its petitions for writ of mandamus, the Government seeks an administrative stay of the depositions of Secretary of Commerce Wilbur Ross and John Gore, the Acting Assistant Attorney General of the Department of Justice's Civil Rights Division. IT IS HEREBY ORDERED that the deposition of Secretary Ross is stayed pending determination of the petitions. Answers to the petitions must be filed by October 4, 2018 at noon. The petitions, as they pertain to Secretary Ross, are REFERRED to the motions panel sitting on Tuesday, October 9, 2018. To the extent the Government seeks a stay of Acting Attorney General Gore's deposition, that request is REFERRED to the panel that determined the petitions in docket numbers 18-2652 and 18-2659. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 09/28/2018. (nd)
September 28, 2018 Filing 359 LETTER MOTION to Stay Discovery Pending Supreme Court Review addressed to Judge Jesse M. Furman from Carol Federighi dated 09/28/2018. Document filed by United States Department of Commerce.(Federighi, Carol)
September 28, 2018 Filing 358 STATUS REPORT. Plaintiffs' status report regarding the deposition of Secretary Wilbur L. Ross, Jr. Document filed by State Of New York.(Colangelo, Matthew)
September 27, 2018 Opinion or Order Filing 357 ORDER with respect to 343 and 349 Motions to Compel Compel Defendants to produce documents withheld on grounds of attorney-client and/or deliberative process privilege. To enable the Court to evaluate the parties' arguments and to ensure a proper record, Defendants shall - no later than tomorrow, September 28, 2018, at 10 a.m. - submit, by e-mail to the e-mail address set forth in the Court's Individual Rules and Practices for Civil Cases, the documents at issue in each of Plaintiffs' motions to compel for in camera review by the Court. (To avoid confusion, Defendants should send a separate email for each letter motion - that is, the first e-mail should contain the documents at issue in Docket No. 343 and the second e-mail should contain the documents at issue in Docket No. 349 .) For documents that were produced in redacted form, Defendants shall highlight the portions of the documents that were redacted. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 27, 2018 Opinion or Order Filing 356 ORDER granting 338 Letter Motion seeking leave to seek third-party discovery from Mark Neuman. Substantially for the reasons set forth in Plaintiffs' letter motion, their request for an order allowing limited document discovery and a deposition of non-party Mark Neuman is GRANTED. As set forth in Plaintiffs' letter, the record suggests that Mr. Neuman was a key external advisor on matters relating to reinstatement of the citizenship question. Further, much of the substance of his communications with Secretary Ross and other high-level Commerce Department officials appears not to be part of the existing record. Accordingly, the Court finds that the discovery Plaintiffs seek is both necessary and appropriate for a fair adjudication of the claims in these cases. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 27, 2018 Filing 355 STATUS REPORT. Plaintiffs status report regarding the deposition of Secretary Wilbur L. Ross, Jr. Document filed by State Of New York.(Colangelo, Matthew)
September 26, 2018 Filing 354 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Carol Federighi dated 09/26/2018 re: 349 LETTER MOTION to Compel Defendants to produce documents withheld on grounds of attorney-client and deliberative process privilege addressed to Judge Jesse M. Furman from Matthew Colangelo dated September 24, 2018. . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit 1: Second Comstock Declaration)(Federighi, Carol)
September 26, 2018 Filing 353 NOTICE OF CHANGE OF ADDRESS by Garrett Joseph Coyle on behalf of All Defendants. New Address: U.S. Department of Justice, 1100 L Street NW, Washington, DC, United States of America 20005, (202) 616-8016. Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(Coyle, Garrett)
September 26, 2018 Filing 352 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Dylan Scot Yong on behalf of ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, New York Immigration Coalition (Yong, Dylan)
September 25, 2018 Opinion or Order Filing 351 ORDER of USCA (Certified Copy). USCA Case Number 18-2652 ; 18-2659. Petitioners seek a writ of mandamus directing the halt of discovery in two consolidated district court cases. Upon due consideration, it is hereby ORDERED that the mandamus petitions are DENIED, and the stay of the district courts order compelling the deposition of Acting Assistant Attorney General John Gore is LIFTED. Mandamus is "a drastic and extraordinary remedy reserved for really extraordinary causes." Balintulo v. Daimler AG, 727 F.3d 174, 186 (2d Cir. 2013) (quoting Cheney v. U.S. Dist. Ct. for D.C., 542 U.S. 367, 380 (2004)). "We issue the writ only in 'exceptional circumstances amounting to a judicial usurpation of power or a clear abuse of discretion.'" In re Roman Catholic Diocese of Albany, N.Y., Inc., 745 F.3d 30, 35 (2d Cir. 2014) (quoting Cheney, 542 U.S. at 380). To obtain mandamus relief, a petitioner must show that (1) it has "no other adequate means to attain the relief [it] desires," (2) "the writ is appropriate under the circumstances," and (3) "the 'right to issuance of the writ is clear and indisputable.'" Id. (alteration in original) (quoting Cheney, 542 U.S. at 38081). "Because the writ of mandamus is such an extraordinary remedy, our analysis of whether the petitioning party has a 'clear and indisputable' right to the writ is necessarily more deferential to the district court than our review on direct appeal." Linde v. Arab Bank, PLC, 706 F.3d 92, 10809 (2d Cir. 2013). We assume without deciding that Petitioners do not have another "adequate means to attain the relief" they seek, and that the writ would be "appropriate under the circumstances" if Petitioners were entitled to it. See Cheney, 542 U.S. at 38081 (internal quotation marks omitted). However, mandamus is not warranted here because Petitioners have not persuaded us that their "right to issuance of the writ is clear and indisputable." Id. at 381 (internal quotation marks omitted). The district court's discovery orders do not amount to "a judicial usurpation of power or a clear abuse of discretion." In re Roman Catholic Diocese of Albany, N.Y., Inc., 745 F.3d at 35 (quoting Cheney, 542 U.S. at 380). The district court applied controlling case law and made careful factual findings supporting its conclusion that the initial administrative record was incomplete and that limited extra-record discovery was warranted. See Nat'l Audubon Soc'y v. Hoffman, 132 F.3d 7, 14 (2d Cir. 1997) (stating that, "[d]espite the general 'record rule,'" extra-record discovery "may be appropriate when there has been a strong showing in support of a claim of bad faith or improper behavior on the part of agency decisionmakers or where the absence of formal administrative findings makes such investigation necessary in order to determine the reasons for the agency's choice"). We cannot say that the district court clearly abused its discretion in concluding that plaintiffs made a sufficient showing of "bad faith or improper behavior" to warrant limited extra-record discovery. See id. Nor did the district court clearly abuse its discretion in ordering the deposition of Acting AssistantAttorney General Gore given his apparent authorship of the December 2017 Department of Justice letter. See Lederman v. New York City Dep't of Parks & Recreation, 731 F.3d 199, 203 (2d Cir. 2013) (holding that, "to depose a high-ranking government official, a party must demonstrate exceptional circumstances justifying the depositionfor example, that the official has unique first-hand knowledge related to the litigated claims or that the necessary information cannot be obtained through other, less burdensome or intrusive means"). We find no clear abuse of discretion in the district court's determination that Acting Assistant Attorney General Gore's deposition is warranted because he "possesses relevant information that cannot be obtained from another source" related to plaintiffs' allegations that the Secretary used the December 2017 Department of Justice letter as a pretextual legal justification for adding the citizenship question. Addendum at 2; New York v. U.S. Dep't of Commerce, 18-CV-2921 (JMF), 18-CV-5025 (JMF), 2018 WL 4279467, at *4 (S.D.N.Y. Sept. 7, 2018). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 09/25/2018. Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(nd)
September 25, 2018 Filing 350 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by David P. Gersch on behalf of ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition (Gersch, David)
September 24, 2018 Filing 349 LETTER MOTION to Compel Defendants to produce documents withheld on grounds of attorney-client and deliberative process privilege addressed to Judge Jesse M. Furman from Matthew Colangelo dated September 24, 2018. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (AR 9190), # 2 Exhibit 2 (Uthmeier records withheld on privilege grounds), # 3 Exhibit 3 (privilege log excerpts), # 4 Exhibit 4 (AR 1277), # 5 Exhibit 5 (AR 5216), # 6 Exhibit 6 (AR 1286), # 7 Exhibit 7 (AR 2292, AR 2294), # 8 Exhibit 8 (AR 3560, AR 3890, AR 9859), # 9 Exhibit 9 (Dr. Abowd deposition excerpts), # 10 Exhibit 10 (Dr. Jarmin deposition excerpts), # 11 Exhibit 11 (AR 2180, AR 4091, AR 2923, AR 11221, AR 3263, AR 1952), # 12 Exhibit 12 (AR 12476))(Colangelo, Matthew)
September 24, 2018 Filing 348 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Martin M. Tomlinson dated 09/24/2018 re: 343 LETTER MOTION to Compel Defendants to produce DOJ documents withheld on grounds of deliberative process privilege addressed to Judge Jesse M. Furman from Elena S. Goldstein dated September 20, 2018. . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit Declaration of John Gore)(Tomlinson, Martin)
September 21, 2018 Filing 347 ANSWER to 210 Amended Complaint,,,,. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.(Tomlinson, Martin)
September 21, 2018 Filing 346 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Martin M. Tomlinson dated 09/21/2018 re: 338 LETTER MOTION for Discovery requesting leave to seek third-party discovery from Mark Neuman addressed to Judge Jesse M. Furman from Matthew Colangelo dated September 19, 2018. . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit Excerpts from Hearing, # 2 Exhibit Secretary Ross Post-Hearing Questions, # 3 Exhibit PowerPoint Presentation of A. Mark Neuman for March 22 Meeting with Secretary Ross)(Tomlinson, Martin)
September 21, 2018 Opinion or Order Filing 345 Vacated as moot as per Judge's Order dated 1/15/2019, Doc. #574 in case no. 18cv2921 OPINION AND ORDER re: 314 LETTER MOTION for Discovery requesting leave to depose Secretary of Commerce Wilbur L. Ross, Jr. addressed to Judge Jesse M. Furman from Matthew Colangelo dated September 10, 2018 filed by State Of New York. In short, the public interest weighs heavily in favor of granting Plaintiffs' application for an order requiring Secretary Ross to sit for a deposition. That said, mindful of the burdens that a deposition will impose on Secretary Ross and the scope of the existing record (including the fact that Secretary Ross has already testified before Congress about his decision to add the citizenship question), the Court limits the deposition to four hours in length, see, e.g., Arista Records LLC v. Lime Grp. LLC, No. 06-CV-5936 (GEL), 2008 WL 1752254, at *1 (S.D.N.Y. Apr. 16, 2008) ("A district court has broad discretion to set the length of depositions appropriate to the circumstances of the case."), and mandates that it be conducted at the Department of Commerce or another location convenient for Secretary Ross. The Court, however, rejects Defendants' contention that the deposition "should be held only after all other discovery is concluded," (Defs.' Letter 3), in no small part because the smaller the window, the harder it will undoubtedly be to schedule the deposition. Finally, the Court declines Defendants' request to "stay its order for 14 days or until Defendants' anticipated mandamus petition is resolved, whichever is later." (Id.). Putting aside the fact that Defendants do not even attempt to establish that the circumstances warranting a stay are present, see New York, 2018 WL 4279467, at *1 (discussing the standards for a stay pending a mandamus petition), the October 12, 2018 discovery deadline is rapidly approaching and Defendants themselves have acknowledged that time is of the essence, see id. at *3. Moreover, the deposition will not take place immediately; instead, Plaintiffs will need to notice it and counsel will presumably need to confer about scheduling and other logistics. In the meantime, Defendants will have ample time to seek mandamus review and a stay pending such review from the Circuit. The Clerk of Court is directed to terminate Docket No. 314. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/21/2018) (ne) Modified on 1/15/2019 (tro).
September 21, 2018 Opinion or Order Filing 344 MEMORANDUM OPINION AND ORDER re: 324 LETTER MOTION for Discovery Motion for Protective Order re: Non-Party Deposition Subpoenas addressed to Judge Jesse M. Furman from Davin M. Rosborough dated 09/17/2018 filed by New York Immigration Coalition, American-Arab Anti-Discrimination Committee, Make the Road-New York, ADC Research Institute, CASA de Maryland. Upon review of the parties' letters, the Court concludes that a conference is not necessary. Instead, Plaintiffs' request for a protective order is granted in part and denied in part. That said, the Court concludes that the depositions and Defendants' use of the depositions should be limited in several respects. First, the depositions shall be limited in scope to where the individual members live and whether they use any services that could be adversely affected by a census undercount. Any questions beyond those topics are irrelevant and not proportional to the needs of this case. See Fed. R. Civ. P. 26(b)(1). Second, in light of that limited scope, each deposition is limited to no more than one hour in length. See, e.g., Arista Records LLC v. Lime Grp. LLC, No. 06-CV-5936, 2008 WL 1752254, at *1 (S.D.N.Y. Apr. 16, 2008) ("A district court has broad discretion to set the length of depositions appropriate to the circumstances of the case."). Third, counsel shall confer in an effort to schedule the depositions so as to minimize the burdens on the witnesses. And finally, Defendants shall refer to the witnesses only by their initials in public filings to minimize any burden on them. (See Defs.' Letter 3). The Clerk of Court is directed to terminate Docket No. 324. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/21/2018) (ne)
September 20, 2018 Filing 343 LETTER MOTION to Compel Defendants to produce DOJ documents withheld on grounds of deliberative process privilege addressed to Judge Jesse M. Furman from Elena S. Goldstein dated September 20, 2018. Document filed by State Of New York.(Goldstein, Elena)
September 20, 2018 Filing 342 LETTER addressed to Judge Jesse M. Furman re: Trial Witness Availability. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.(Ehrlich, Stephen)
September 20, 2018 Filing 341 LETTER addressed to Judge Jesse M. Furman from Elena Goldstein dated September 20, 2018 re: Defendants' request for summary judgment in lieu of trial. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (select documents from the Administrative Record))(Goldstein, Elena)
September 19, 2018 Opinion or Order Filing 340 ORDER granting 335 Motion for Denise M. Hulett to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 19, 2018 Filing 339 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Garrett Coyle dated September 19, 2018 re: (147 in 1:18-cv-05025-JMF) LETTER MOTION for Discovery Motion for Protective Order re: Non-Party Deposition Subpoenas addressed to Judge Jesse M. Furman from Davin M. Rosborough dated 09/17/2018. . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(Coyle, Garrett)
September 19, 2018 Filing 338 LETTER MOTION for Discovery requesting leave to seek third-party discovery from Mark Neuman addressed to Judge Jesse M. Furman from Matthew Colangelo dated September 19, 2018. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (Comstock Dep. Tr. (excerpts)), # 2 Exhibit 2 (AR 3917), # 3 Exhibit 3 (AR 3709), # 4 Exhibit 4 (AR 3699), # 5 Exhibit 5 (AR 2034, AR 11329), # 6 Exhibit 6 (AR 2482), # 7 Exhibit 7 (AR 1815, AR 2583, AR 3421, AR 3491, AR 8403), # 8 Exhibit 8 (Teramoto Dep. Tr. (excerpts)))(Colangelo, Matthew)
September 19, 2018 Filing 337 NOTICE OF APPEARANCE by Garrett Joseph Coyle on behalf of Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Coyle, Garrett)
September 19, 2018 Filing 336 NOTICE OF APPEARANCE by Christopher T Dunn on behalf of ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Dunn, Christopher)
September 19, 2018 Filing 335 MOTION for Denise M. Hulett to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by La Union Del Pueblo Entero Plaintiffs. (Attachments: # 1 Affidavit, # 2 CA Supreme Court Certificate of Good Standing, # 3 Text of Proposed Order)(Hulett, Denise)
September 19, 2018 Filing 334 NOTICE OF APPEARANCE by Perry Grossman on behalf of ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Grossman, Perry)
September 19, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 335 MOTION for Denise M. Hulett to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 18, 2018 Filing 333 LETTER addressed to Judge Jesse M. Furman from Kate Bailey dated 09/18/2018 re: Appropriateness of Summary Judgment to Resolve All Claims. Document filed by Wilbur L. Ross, Jr..(Bailey, Kate)
September 18, 2018 Filing 332 NOTICE OF APPEARANCE by David Kautsky Hausman on behalf of ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Hausman, David)
September 18, 2018 Filing 331 NOTICE OF APPEARANCE by Ceridwen Bonnell Cherry on behalf of ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Cherry, Ceridwen)
September 18, 2018 Filing 330 NOTICE OF APPEARANCE by Sarah E. Brannon on behalf of ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Brannon, Sarah)
September 18, 2018 Filing 329 NOTICE OF APPEARANCE by Dale E. Ho on behalf of ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Ho, Dale)
September 18, 2018 Filing 328 NOTICE OF APPEARANCE by Davin Mckay Rosborough on behalf of ADC Research Instittue, Arab-American Anti-Discrimination Committee, CASA de Maryland, Make the Road -- New York, New York Immigration Coalition. (Rosborough, Davin)
September 18, 2018 Filing 327 NOTICE OF APPEARANCE by John Arak Freedman on behalf of New York Immigration Coalition, Make the Road -- New York, Arab-American Anti-Discrimination Committee, ADC Research Instittue, CASA de Maryland. (Freedman, John)
September 17, 2018 Opinion or Order Filing 326 ORDER with respect to 324 Letter Motion for Protective Order re: Non-Party Deposition Subpoenas. Given the time sensitivities involved, Defendants shall respond to this letter motion by September 19, 2018. Further, effective immediately, any opposition to a discovery-related letter motion shall be filed within two business days - not three, as set forth in the Court's Individual Rules and Practices and the Case Management Plan. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 17, 2018 Filing 325 LETTER RESPONSE in Support of Motion addressed to Judge Jesse M. Furman from Matthew Colangelo dated September 17, 2018 re: 314 LETTER MOTION for Discovery requesting leave to depose Secretary of Commerce Wilbur L. Ross, Jr. addressed to Judge Jesse M. Furman from Matthew Colangelo dated September 10, 2018. . Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (AR 12756), # 2 Exhibit 2 (Abowd 30(b)(6) dep. tr. (excerpt)), # 3 Exhibit 3 (AR 12476))(Colangelo, Matthew)
September 17, 2018 Filing 324 LETTER MOTION for Discovery Motion for Protective Order re: Non-Party Deposition Subpoenas addressed to Judge Jesse M. Furman from Davin M. Rosborough dated 09/17/2018. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition. (Attachments: # 1 Exhibit A - Redacted Subpoenas to Non-Parties)Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(Rosborough, Davin)
September 17, 2018 Opinion or Order Filing 323 SCHEDULING ORDER granting in part and denying in part 299 Letter Motion to Compel; granting in part and denying in part 313 Letter Motion to Compel. Plaintiffs' letter-motions to compel production of documents withheld or redacted on the ground of deliberative process privilege (Docket No. 299) and to compel Defendants to respond to interrogatories and produce documents (Docket No. 313) are GRANTED in part and DENIED in part to the extent discussed, and for the reasons given, on the record at the conference held on September 14, 2018. Unless and until the Court orders otherwise, it is ORDERED that trial in this matter will begin on November 5, 2018 at 9:00 a.m. Counsel should familiarize themselves with the Court's Individual Rules and Practices for Trials, available at http://nysd.uscourts.gov/cases/show.php?db=judge_info&id=1046. Contrary to its usual practice, the Court may hold trial (on some, if not all, days) from 9:00 a.m. to 5:00 p.m., and the parties are advised to plan accordingly. By October 26, 2018, the parties shall file a Joint Pretrial Order. By October 31, 2018, at noon, the parties shall file any reply memorandum of law to any memorandum filed with the Joint Pre-Hearing Order. It is hereby ORDERED that counsel for all parties shall appear for a conference on October 17, 2018 at 3:30 p.m., in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Finally, it is FURTHER ORDERED that counsel for all remaining parties shall appear for a final pretrial conference on November 1, 2018 at 11:00 a.m., in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. The final pretrial conference must be attended by the attorneys who will serve as principal trial counsel. The Clerk of Court is directed to terminate Docket Nos. 299 and 313. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/17/2018) (ne)
September 17, 2018 Set/Reset Deadlines: (Pretrial Order due by 10/26/2018.). Set/Reset Hearings: (Bench Trial set for 11/5/2018 at 09:00 AM before Judge Jesse M. Furman. Final Pretrial Conference set for 11/1/2018 at 11:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 10/17/2018 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (ne)
September 14, 2018 Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 9/14/2018. Court reporter present. -- See transcript. (ab)
September 14, 2018 Opinion or Order Filing 322 ORDER: As stated on the record at the conference held on September 14, 2018, the parties agree that consolidation of these cases would be appropriate. In light of that, and because the actions involve common questions of law and fact, it is hereby ORDERED that, pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, the two cases are consolidated under the case number 18-CV-2921. The Clerk of Court is directed to consolidate 18-CV-2921 and 18-CV-5025 under case number 18-CV-2921, and to close 18-CV-5025. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/14/2018) Filed In Associated Cases: 1:18-cv-02921-JMF, 1:18-cv-05025-JMF(ne)
September 14, 2018 Opinion or Order Filing 321 ORDER with respect to 314 Letter Motion for Discovery requesting leave to depose Secretary of Commerce Wilbur L. Ross, Jr. Plaintiffs are granted leave to file a reply letter brief, not to exceed three pages, by September 17, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 13, 2018 Filing 320 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Carol Federighi dated 09/13/2018 re: 314 LETTER MOTION for Discovery requesting leave to depose Secretary of Commerce Wilbur L. Ross, Jr. addressed to Judge Jesse M. Furman from Matthew Colangelo dated September 10, 2018. . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit 1: In re United States (Vilsack) Order, # 2 Exhibit 2: Pls' RFAs to Commerce)(Federighi, Carol)
September 13, 2018 Filing 319 LETTER RESPONSE in Support of Motion addressed to Judge Jesse M. Furman from Kate Bailey dated 09/13/2018 re: 313 SEVENTH LETTER MOTION to Compel Defendants to respond to interrogatories and produce documents addressed to Judge Jesse M. Furman from Matthew Colangelo dated September 10, 2018. . Document filed by United States Department of Commerce. (Attachments: # 1 Exhibit)(Bailey, Kate)
September 13, 2018 Filing 318 STATUS REPORT. Plaintiffs' status report regarding discovery Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (AR 12476), # 2 Exhibit 2 (CBAMS findings), # 3 Exhibit 3 (AR 12464, 12465, 12476, 12541), # 4 Exhibit 4 (supplemental searches document))(Colangelo, Matthew)
September 13, 2018 Opinion or Order Filing 317 ORDER with respect to 299 Sixth Letter Motion to Compel Defendants to produce documents withheld on grounds of deliberative process privilege. By 5:00 p.m. on September 13, 2018, Defendants shall submit, by e-mail to the e-mail address set forth in the Court's Individual Rules and Practices for Civil Cases, the seventeen documents in dispute for in camera review by the Court. For documents that were produced in redacted form, Defendants shall highlight the portions of the documents that were redacted. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 12, 2018 Filing 316 NOTICE of calendared deadlines in parallel litigation. Document filed by State Of New York. (Colangelo, Matthew)
September 11, 2018 Filing 315 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Carol Federighi dated 09/11/2018 re: 299 SIXTH LETTER MOTION to Compel Defendants to produce documents withheld on grounds of deliberative process privilege addressed to Judge Jesse M. Furman from Matthew Colangelo dated September 4, 2018. . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit 1: Document Dispositions, # 2 Exhibit 2: Comstock Declaration, # 3 Exhibit 3: Redacted Documents)(Federighi, Carol)
September 10, 2018 Filing 314 LETTER MOTION for Discovery requesting leave to depose Secretary of Commerce Wilbur L. Ross, Jr. addressed to Judge Jesse M. Furman from Matthew Colangelo dated September 10, 2018. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 (AR 2521, AR 2561, AR 763), # 2 Exhibit 2 (AR 3699, AR 2482, AR 763), # 3 Exhibit 3 (Defs. response to interrogatories), # 4 Exhibit 4 (AR 2636), # 5 Exhibit 5 (Defs. supplemental response to interrogatories), # 6 Exhibit 6 (Teramoto Dep. Tr. (excerpts)), # 7 Exhibit 7 (Kelley Dep. Tr. (excerpts)), # 8 Exhibit 8 (Comstock Dep. Tr. (excerpts)), # 9 Exhibit 9 (Email from Defs. counsel dated 9/7/18))(Colangelo, Matthew)
September 10, 2018 Filing 313 SEVENTH LETTER MOTION to Compel Defendants to respond to interrogatories and produce documents addressed to Judge Jesse M. Furman from Matthew Colangelo dated September 10, 2018. Document filed by State Of New York. (Attachments: # 1 Exhibit A (Defs. response to interrogatories), # 2 Exhibit B (Defs. supplemental response to interrogatories), # 3 Exhibit C (Email from Defs. counsel dated 9/7/18), # 4 Exhibit D (Comstock dep. tr. (excerpts)), # 5 Exhibit E (Abowd 30(b)(6) dep. tr. (excerpts)), # 6 Exhibit F (NYIC Pls. first document requests to Census Bureau Defendants), # 7 Exhibit G (Email from Pls. counsel dated 8/29/18), # 8 Exhibit H (Email from Pls. counsel dated 9/4/18), # 9 Exhibit I (Email from Defs. counsel dated 9/7/18), # 10 Exhibit J (NYIC Pls. first set of interrogatories to Commerce Defendants))(Colangelo, Matthew)
September 10, 2018 Opinion or Order Filing 312 ORDER of USCA (Certified Copy) USCA Case Number 18-2652. As part of its petitions for writs of mandamus, the government seeks an administrative stay of a deposition of the Acting Assistant Attorney General for Civil Rights, currently noticed for September 12, 2018. IT IS HEREBY ORDERED that the deposition is stayed pending determination of the petitions. Answers to the petitions must be filed by September 17, 2018. The Clerk is directed to calendar the petitions with the next available panel following the filing of the answers. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 09/10/2018. (nd)
September 8, 2018 Opinion or Order Filing 311 ORDER granting 268 Motion for Andrea E. Senteno to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 8, 2018 Opinion or Order Filing 310 ORDER granting 309 Letter Motion for Extension of Time to File Response/Reply as to 299 SIXTH LETTER MOTION to Compel. Defendants' deadline to respond is extended to September 11, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 7, 2018 Filing 309 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 299 SIXTH LETTER MOTION to Compel Defendants to produce documents withheld on grounds of deliberative process privilege addressed to Judge Jesse M. Furman from Matthew Colangelo dated September 4, 2018. until September 11, 2018 addressed to Judge Jesse M. Furman from Carol Federighi dated 09/07/2018. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.(Federighi, Carol)
September 7, 2018 Opinion or Order Filing 308 OPINION AND ORDER re: (292 in 1:18-cv-02921-JMF) LETTER MOTION to Stay Discovery Pending Petition for Writ of Mandamus addressed to Judge Jesse M. Furman from Carol Federighi dated August 31, 2018. filed by Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Ron S. Jarmin, (116 in 1:18-cv-05025-JMF) LETTER MOTION to Stay Discovery Pending Petition for Writ of Mandamus addressed to Judge Jesse M. Furman from Carol Federighi dated August 31, 2018. filed by Wilbur L. Ross, United States Department of Commerce, Bureau of the Census, Ron S. Jarmin. For the foregoing reasons, Defendants' motion for a stay of discovery is DENIED in its entirety. The Clerk of Court is directed to terminate 18-CV-2921, Docket No. 292 and 18-CV-5025, Docket No. 116. (Signed by Judge Jesse M. Furman on 9/7/2018) (tro)
September 7, 2018 Filing 307 LETTER RESPONSE in Support of Motion addressed to Judge Jesse M. Furman from Carol Federighi dated 09/07/2018 re: 292 LETTER MOTION to Stay Discovery Pending Petition for Writ of Mandamus addressed to Judge Jesse M. Furman from Carol Federighi dated August 31, 2018. . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Federighi, Carol)
September 7, 2018 Opinion or Order Filing 306 ORDER re: 292 LETTER MOTION to Stay Discovery Pending Petition for Writ of Mandamus filed by Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Ron S. Jarmin. Because the deposition of John Gore is apparently scheduled for September 12, 2018 (a fact that was conspicuously omitted from the stay application that Defendants filed on the eve of Labor Day weekend) (Docket No. 304 , at 3), and the Court is unavailable Monday and Tuesday on account of a Jewish holiday, Defendants shall file any reply to Plaintiffs' opposition by TODAY at noon - not by Monday, as the Court had indicated in its Order of September 4, 2018. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/7/2018) (Text Only Order) (Furman, Jesse)
September 6, 2018 Filing 305 STATUS REPORT. Joint Status Report Document filed by State Of New York.(Colangelo, Matthew)
September 6, 2018 Filing 304 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Matthew Colangelo dated September 6, 2018 re: 292 LETTER MOTION to Stay Discovery Pending Petition for Writ of Mandamus addressed to Judge Jesse M. Furman from Carol Federighi dated August 31, 2018. . Document filed by State Of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Colangelo, Matthew)
September 6, 2018 Opinion or Order Filing 303 ORDER denying 286 Letter Motion for Discovery requesting leave to seek third-party discovery from Kris Kobach. Substantially for the reasons set forth in Defendants' letter (18-CV-2921, Docket No. 300 ; 18-CV-5025, Docket No. 124), Plaintiffs' motion to conduct limited document discovery and a deposition of non-party Kris Kobach is DENIED. Among other things, given the timing and nature of the communications between Mr. Kobach and Secretary Ross; the fact that Mr. Kobach is one of many people outside the Commerce Department who communicated with Secretary Ross about the citizenship question (see, e.g., A.R. 1770 (detailing correspondence regarding the citizenship question with, among others, the Indiana and West Virginia Secretaries of State, the Louisiana Attorney General, and the Chairman of the House Judiciary Committee); the fact that the substance of Mr. Kobach's views is already reflected in the record (see, e.g., A.R. 763, 1141); and the discovery that Plaintiffs have gotten, or will get, directly from the Commerce and Justice Departments, the Court concludes that the discovery sought is neither "necessary" nor "appropriate." (Transcript of July 3, 2018 Hearing, at 86). (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 6, 2018 Opinion or Order Filing 302 ORDER denying without prejudice 293 Letter Motion to Compel. In light of Plaintiffs' letter of earlier today indicating that Defendants are "prepared to provide certain of the relief sought" in the motion to compel interrogatory responses and to complete the administrative record (Docket No. 301 ), the motion to compel is denied without prejudice to renewal in the event that the parties discussions do not resolve the matter. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 6, 2018 Filing 301 STATUS REPORT. by Plaintiffs concerning 5th letter-motion to compel Document filed by State Of New York.(Colangelo, Matthew)
September 5, 2018 Filing 300 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Martin M. Tomlinson dated 09/05/2018 re: 286 LETTER MOTION for Discovery requesting leave to seek third-party discovery from Kris Kobach addressed to Judge Jesse M. Furman from Matthew Colangelo dated August 30, 2018. . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit Excerpt from July 3, 2018 Hearing)(Tomlinson, Martin)
September 5, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 298 MOTION for Denise M. Hulett to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
September 4, 2018 Filing 299 SIXTH LETTER MOTION to Compel Defendants to produce documents withheld on grounds of deliberative process privilege addressed to Judge Jesse M. Furman from Matthew Colangelo dated September 4, 2018. Document filed by State Of New York. (Attachments: # 1 Exhibit A (Defendants' privilege log (excerpts)), # 2 Exhibit B (Dep. Tr. of Wendy Teramoto), # 3 Exhibit C (Dep. Tr. of Earl Comstock (excerpts)), # 4 Exhibit D (Dep. Tr. of Karen Dunn Kelley (excerpts)))(Colangelo, Matthew)
September 4, 2018 Filing 298 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Denise M. Hulett to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by La Union Del Pueblo Entero Plaintiffs. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Hulett, Denise) Modified on 9/5/2018 (bcu).
September 4, 2018 Opinion or Order Filing 297 ORDER with respect to 292 Letter Motion to Stay Discovery Pending Petition for Writ of Mandamus. To the extent that Defendants seek "an administrative stay" (that is, a stay pending a decision on Defendants' motion for a stay), the request is DENIED. Plaintiffs in 18-CV-2921 and 18-CV-5025 shall file a single letter response to Defendants' motion by Thursday, September 6, 2018; Defendants shall notify the Court by Friday, September 7, 2018, at noon, if they wish to file a reply and, if so, shall file the reply by Monday, September 10, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 4, 2018 Opinion or Order Filing 296 FED. R. EVID. 502(D) ORDER...regarding procedures to be followed that shall govern the handling of confidential material... The Clerk of Court is directed to terminate 18-cv-2921, Docket No. 295, and 18-cv-5025, Docket No. 118. (Signed by Judge Jesse M. Furman on 9/4/2018) (ne)
September 4, 2018 Filing 295 JOINT MOTION for Protective Order under Fed. R. Evid. 502(d). Document filed by State Of New York. (Attachments: # 1 Text of Proposed Order)(Colangelo, Matthew)
August 31, 2018 Filing 294 ANSWER to 214 Amended Complaint,,,,. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.(Federighi, Carol)
August 31, 2018 Filing 293 FIFTH LETTER MOTION to Compel Defendants to Produce Interrogatory Responses and Complete Administrative Record addressed to Judge Jesse M. Furman from Matthew Colangelo dated August 31, 2018. Document filed by State Of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Colangelo, Matthew)
August 31, 2018 Filing 292 LETTER MOTION to Stay Discovery Pending Petition for Writ of Mandamus addressed to Judge Jesse M. Furman from Carol Federighi dated August 31, 2018. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.(Federighi, Carol)
August 31, 2018 Opinion or Order Filing 291 ORDER granting 289 Motion for Gabrielle D. Boutin to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 31, 2018 Opinion or Order Filing 290 ORDER granting 288 Motion for R. Matthew Wise to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 31, 2018 Filing 289 MOTION for Gabrielle D. Boutin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of California. (Attachments: # 1 Affidavit of Gabrielle Boutin, # 2 Text of Proposed Order)(Boutin, Gabrielle)
August 31, 2018 Filing 288 MOTION for R. Matthew Wise to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of California. (Attachments: # 1 Affidavit of R. Matthew Wise, # 2 Text of Proposed Order)(Wise, R.)
August 31, 2018 Opinion or Order Filing 287 ORDER: The Court's view is that, for the time being, there is no need to adopt additional procedures to promote coordination among the parallel cases beyond those adopted in the Court's August 4th Order. That said, counsel is cautioned that, in an effort to discourage the parties from seeking multiple bites at any particular apple, the Court will not lightly entertain efforts to relitigate discovery rulings made by one of the other Judges on an overlapping issue - unless the moving party can identify a material difference between Second Circuit law and the law of the applicable Judge's Circuit or a material factual difference between these cases and the applicable Judge's cases. If, at any time, counsel believe that additional coordination procedures are warranted, counsel should confer with counsel in all the cases and submit a joint letter to the Court. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/31/2018) (anc)
August 31, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 289 MOTION for Gabrielle D. Boutin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
August 31, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 288 MOTION for R. Matthew Wise to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 30, 2018 Filing 286 LETTER MOTION for Discovery requesting leave to seek third-party discovery from Kris Kobach addressed to Judge Jesse M. Furman from Matthew Colangelo dated August 30, 2018. Document filed by State Of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Colangelo, Matthew)
August 29, 2018 Opinion or Order Filing 285 ORDER granting 284 Letter Motion for Extension of Time to Answer. The Court is skeptical that the Government's conceded "inadverten[ce]" qualifies as "good cause." Nevertheless, in light of Plaintiffs' consent and the presumption in favor of adjudication of disputes on the merits, the motion is granted. Defendants shall file their answer by August 31, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 29, 2018 Filing 284 CONSENT LETTER MOTION for Extension of Time to File Answer re: 214 Amended Complaint,,,, addressed to Judge Jesse M. Furman from Carol Federighi dated August 29, 2018. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.(Federighi, Carol)
August 26, 2018 Opinion or Order Filing 283 ORDER denying without prejudice 280 Motion to File Amicus Brief. The Court is not, at present, considering the substance of merits of Plaintiffs' claims in these cases. Accordingly, the proposed amicus brief (unlike the amicus briefs filed in connection with Defendants' motions to dismiss) would not aid the Court at this time. Accordingly, the motion for leave to file an amicus brief is denied - but without prejudice to renewal if or when the brief would be relevant to a matter under consideration by the Court. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 26, 2018 Opinion or Order Filing 282 ORDER granting 277 Motion for Lawrence Hobel to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 24, 2018 Filing 281 MEMORANDUM OF LAW in Support re: 280 MOTION to File Amicus Brief . . Document filed by Public Interest Legal Foundation, Inc.(Public Interest Legal Foundation). (Paltzik, Edward)
August 24, 2018 Filing 280 MOTION to File Amicus Brief . Document filed by Public Interest Legal Foundation, Inc.(Public Interest Legal Foundation). (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Text of Proposed Order Proposed Order Accepting Amicus Brief, # 3 Affidavit Certificate of Service)(Paltzik, Edward)
August 24, 2018 Filing 279 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Public Interest Legal Foundation, Inc.(Public Interest Legal Foundation).(Paltzik, Edward)
August 24, 2018 Filing 278 NOTICE OF APPEARANCE by Edward Andrew Paltzik on behalf of Public Interest Legal Foundation, Inc., Public Interest Legal Foundation, Inc.. (Paltzik, Edward)
August 24, 2018 Filing 277 AMENDED MOTION for Lawrence Hobel to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diana Alexander, Lauren Rachel Berman, Sarah Bryan, Alejandro Chavez, Virginia Garcia, Michael Kagan, Michael Kravitz, Robyn Kravitz, Yamile Labori, Lazara Yoelvis Magadan, Richard McCune, Jose Moreno, Catherine Nwosu, Nnabugwu Nwosu, Linda Rivas, T. Carter Ross, Martha Sanchez, Sonia Casarez Shafer, Joanne Wilson. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Certificate of Good Standing, # 4 Certificate of Good Standing, # 5 Text of Proposed Order)(Hobel, Lawrence)
August 24, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 277 AMENDED MOTION for Lawrence Hobel to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
August 24, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 268 MOTION for Andrea E. Senteno to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
August 22, 2018 Filing 276 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Gabrielle D. Boutin to Appear Pro Hac Vice . Filing fee waived per Judge Furman's Order (Doc #224). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of California. (Attachments: # 1 Affidavit of Gabrielle Boutin in Support of Motion for Admission Pro Hac Vice, # 2 Text of Proposed Order)(Boutin, Gabrielle) Modified on 8/22/2018 (jc).
August 22, 2018 Filing 275 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for R. Matthew Wise to Appear Pro Hac Vice . Filing fee waived per Judge Furman's Order (Doc #224). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of California. (Attachments: # 1 Affidavit of Matthew Wise in Support of Motion for Admission Pro Hac Vice, # 2 Text of Proposed Order)(Wise, R.) Modified on 8/22/2018 (jc).
August 22, 2018 Opinion or Order Filing 274 ORDER granting 273 Motion for Robyn Renee Bender to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 22, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 275 MOTION for R. Matthew Wise to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., 276 MOTION for Gabrielle D. Boutin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California (our court does not accept state bar certificates from California). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc)
August 22, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 273 MOTION for Robyn Renee Bender to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15478104. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 21, 2018 Filing 273 MOTION for Robyn Renee Bender to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15478104. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by District of Columbia. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Bender, Robyn)
August 20, 2018 Opinion or Order Filing 272 ORDER granting 271 Motion for Bianca Nunes to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 20, 2018 Filing 271 AMENDED MOTION for Bianca Nunes to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diana Alexander, Lauren Rachel Berman, Sarah Bryan, Alejandro Chavez, Virginia Garcia, Michael Kagan, Michael Kravitz, Robyn Kravitz, Yamile Labori, Lazara Yoelvis Magadan, Richard McCune, Jose Moreno, Catherine Nwosu, Nnabugwu Nwosu, Linda Rivas, T. Carter Ross, Martha Sanchez, Sonia Casarez Shafer, Joanne Wilson. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Certificate of Good Standing, # 4 Text of Proposed Order)(Nunes, Bianca)
August 20, 2018 Opinion or Order Filing 270 MEMO ENDORSEMENT on re: 269 Notice (Other) filed by City and County of San Francisco. ENDORSEMENT: The Clerk of Court is directed to terminate Mollie M. Lee as counsel. SO ORDERED. Attorney Mollie Mindes Lee terminated. (Signed by Judge Jesse M. Furman on 8/20/2018) (ne)
August 20, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 271 AMENDED MOTION for Bianca Nunes to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 17, 2018 Filing 269 NOTICE of Notice of Withdrawal of Counsel. Document filed by City and County of San Francisco. (Lee, Mollie)
August 17, 2018 Filing 268 MOTION for Andrea E. Senteno to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by La Union Del Pueblo Entero Plaintiffs. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Senteno, Andrea) Modified on 8/17/2018 (jc). Modified on 8/24/2018 (ma).
August 17, 2018 Opinion or Order Filing 267 ORDER granting 264 Motion for Rory E. Adams to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 17, 2018 Opinion or Order Filing 266 ORDER granting 263 Motion for Emil Petrossian to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 17, 2018 Opinion or Order Filing 265 ORDER granting 262 Motion for John Libby to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 17, 2018 Filing 264 MOTION for Rory E. Adams to Appear Pro Hac Vice (fee waived per Dkt 224). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Black Alliance for Just Immigration, City Of San Jose. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Adams, Rory)
August 17, 2018 Filing 263 MOTION for Emil Petrossian to Appear Pro Hac Vice (fee waived per Dkt 224). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Black Alliance for Just Immigration, City Of San Jose. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Petrossian, Emil)
August 17, 2018 Filing 262 MOTION for John Libby to Appear Pro Hac Vice (fee waived per Dkt 224). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Black Alliance for Just Immigration, City Of San Jose. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Libby, John)
August 17, 2018 Opinion or Order Filing 261 ORDER granting 236 Letter Motion to Compel; denying 237 Letter Motion to Compel. For the foregoing reasons, Plaintiffs' letter motion of August 10th is GRANTED to the extent it seeks an order compelling Defendants to make AAG Gore available for a deposition, and their letter motion of August 13th is DENIED to the extent it seeks an order compelling Defendants to produce "materials erroneously withheld." The Clerk of Court is directed to terminate 18-CV-2921, Docket Nos. 236 and 237, and 18-CV-5025, Docket Nos. 81 and 82. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/17/2018) (ne)
August 17, 2018 Opinion or Order Filing 259 ORDER granting 258 Motion for Niyati Shah to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 17, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 258 MOTION for Niyati Shah to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 17, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 264 MOTION for Rory E. Adams to Appear Pro Hac Vice (fee waived per Dkt 224). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 17, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 262 MOTION for John Libby to Appear Pro Hac Vice (fee waived per Dkt 224). Motion and supporting papers to be reviewed by Clerk's Office staff., 263 MOTION for Emil Petrossian to Appear Pro Hac Vice (fee waived per Dkt 224). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 16, 2018 Filing 258 MOTION for Niyati Shah to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by La Union Del Pueblo Entero Plaintiffs. (Attachments: # 1 Affidavit, # 2 Appendix Certificate of Good Standing, # 3 Text of Proposed Order)(Shah, Niyati)
August 16, 2018 Opinion or Order Filing 257 ORDER granting 256 Motion for Erin Lee Kuka to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 16, 2018 Filing 256 MOTION for Erin Lee Kuka to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15458462. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City and County of San Francisco. (Attachments: # 1 Certificate of Good Standing; California, # 2 Certificate of Good Standing; Hawai'i, # 3 Affidavit of Erin Kuka in Support of Motion to Admit Counsel Pro Hac Vice, # 4 Order for Admission Pro Hac Vice)(Kuka, Erin)
August 16, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 251 MOTION for Lawrence Hobel to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff., 252 MOTION for Bianca Nunes to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
August 16, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 256 MOTION for Erin Lee Kuka to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15458462. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 15, 2018 Filing 260 SEALED DOCUMENT held in Chambers. (Alexandra Smallman, Courtroom Deputy)
August 15, 2018 Filing 255 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Kate Bailey dated 08/15/2018 re: 236 LETTER MOTION to Compel Acting Assistant Attorney General for Civil Rights John Gore to appear for deposition addressed to Judge Jesse M. Furman from Matthew Colangelo dated August 10, 2018. . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Bailey, Kate)
August 15, 2018 Filing 254 DECLARATION of Michael Cannon in Opposition re: 237 FOURTH LETTER MOTION to Compel Discovery addressed to Judge Jesse M. Furman from Matthew Colangelo dated August 13, 2018.. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit List of Email Custodians and Search Terms, # 2 Exhibit List of Document Custodians and Search Terms)(Bailey, Kate)
August 15, 2018 Filing 253 DECLARATION of James Uthmeier in Opposition re: 237 FOURTH LETTER MOTION to Compel Discovery addressed to Judge Jesse M. Furman from Matthew Colangelo dated August 13, 2018.. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit List of Email Public copy of document described in declaration, # 2 Exhibit Public copy of document described in declaration, # 3 Exhibit Public copy of document described in declaration, # 4 Exhibit Public copy of document described in declaration, # 5 Exhibit Public copy of document described in declaration)(Bailey, Kate)
August 15, 2018 Filing 252 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Bianca Nunes to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diana Alexander, Lauren Rachel Berman, Sarah Bryan, Alejandro Chavez, Virginia Garcia, Michael Kagan, Michael Kravitz, Robyn Kravitz, Yamile Labori, Lazara Yoelvis Magadan, Richard McCune, Jose Moreno, Catherine Nwosu, Nnabugwu Nwosu, Linda Rivas, T. Carter Ross, Martha Sanchez, Sonia Casarez Shafer, Joanne Wilson. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Certificate of Good Standing, # 4 Text of Proposed Order)(Nunes, Bianca) Modified on 8/16/2018 (wb).
August 15, 2018 Filing 251 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Lawrence Hobel to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diana Alexander, Lauren Rachel Berman, Sarah Bryan, Alejandro Chavez, Virginia Garcia, Michael Kagan, Michael Kravitz, Robyn Kravitz, Yamile Labori, Lazara Yoelvis Magadan, Richard McCune, Jose Moreno, Catherine Nwosu, Nnabugwu Nwosu, Linda Rivas, T. Carter Ross, Martha Sanchez, Sonia Casarez Shafer, Joanne Wilson. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Certificate of Good Standing, # 4 Certificate of Good Standing, # 5 Text of Proposed Order)(Hobel, Lawrence) Modified on 8/16/2018 (wb).
August 15, 2018 Filing 250 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Kate Bailey dated 08/15/2018 re: 237 FOURTH LETTER MOTION to Compel Discovery addressed to Judge Jesse M. Furman from Matthew Colangelo dated August 13, 2018. . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Bailey, Kate)
August 15, 2018 Opinion or Order Filing 249 ENDORSED LETTER addressed to Judge Jesse M. Furman from Chad A. Readler, Brett A. Shumate, John R. Griffiths, Carlotta P. Wells dated 8/7/2018 re: Defendants in the above two matters respectfully submit for the Courts in camera review three documents withheld from production as work product. ENDORSEMENT: Although Defendants' letter states "By ECF," they do not appear to have filed it on the docket. The Court sees no reason for the letter not to be docketed. The Clerk of Court, however, is directed to file and maintain the attached documents under seal. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/14/2018) (ne) Transmission to Sealed Records Clerk for processing.
August 14, 2018 Opinion or Order Filing 248 ORDER granting 246 Motion for Tina M. Thomas to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 14, 2018 Opinion or Order Filing 247 ORDER granting 245 Motion for Dustin Cho to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 14, 2018 Filing 246 MOTION for Tina M. Thomas to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diana Alexander, Lauren Rachel Berman, Sarah Bryan, Alejandro Chavez, Virginia Garcia, Michael Kagan, Michael Kravitz, Robyn Kravitz, Yamile Labori, Lazara Yoelvis Magadan, Richard McCune, Jose Moreno, Catherine Nwosu, Nnabugwu Nwosu, Linda Rivas, T. Carter Ross, Martha Sanchez, Sonia Casarez Shafer, Joanne Wilson. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Certificate of Good Standing, # 4 Text of Proposed Order)(Thomas, Tina)
August 14, 2018 Filing 245 MOTION for Dustin Cho to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diana Alexander, Lauren Rachel Berman, Sarah Bryan, Alejandro Chavez, Virginia Garcia, Michael Kagan, Michael Kravitz, Robyn Kravitz, Yamile Labori, Lazara Yoelvis Magadan, Richard McCune, Jose Moreno, Catherine Nwosu, Nnabugwu Nwosu, Linda Rivas, T. Carter Ross, Martha Sanchez, Sonia Casarez Shafer, Joanne Wilson. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Certificate of Good Standing, # 4 Text of Proposed Order)(Cho, Dustin)
August 14, 2018 Opinion or Order Filing 244 ORDER granting 240 Motion for Karun Tilak to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 14, 2018 Opinion or Order Filing 243 ORDER granting 239 Motion for Shankar Duraiswamy to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 14, 2018 Opinion or Order Filing 242 ORDER granting 238 Motion for Daniel T. Grant to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 14, 2018 Opinion or Order Filing 241 ORDER terminating 220 Letter Motion to Compel. In their letter motion filed yesterday, Plaintiffs contend that there is reason to believe that there are materials that should have been in the Administrative Record that have not been produced. Plaintiffs' allegations are troubling, but the Court will withhold judgment until Defendants have an opportunity to respond. Defendants shall do so by TOMORROW at 5 p.m. (Given the rulings above, there is no need for Defendants to respond to the portions of Plaintiffs' most recent letter motion concerning Title 13 and the privilege log.) Defendants are cautioned that the Court will not look kindly on late production of materials that should have been produced by the (once extended) July 26, 2018 deadline to supplement the Administrative Record. The Clerk of Court is directed to terminate 18-CV-2921, Docket No. 220, and 18-CV-5025, Docket No. 73. So Ordered. (Signed by Judge Jesse M. Furman on 8/14/2018) (js)
August 14, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 245 MOTION for Dustin Cho to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 14, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 240 MOTION for Karun Tilak to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff., 239 MOTION for Shankar Duraiswamy to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 14, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 246 MOTION for Tina M. Thomas to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 13, 2018 Filing 240 MOTION for Karun Tilak to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diana Alexander, Lauren Rachel Berman, Sarah Bryan, Alejandro Chavez, Virginia Garcia, Michael Kagan, Michael Kravitz, Robyn Kravitz, Yamile Labori, Lazara Yoelvis Magadan, Richard McCune, Jose Moreno, Catherine Nwosu, Nnabugwu Nwosu, Linda Rivas, T. Carter Ross, Martha Sanchez, Sonia Casarez Shafer, Joanne Wilson. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Certificate of Good Standing, # 4 Text of Proposed Order)(Tilak, Karun)
August 13, 2018 Filing 239 MOTION for Shankar Duraiswamy to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diana Alexander, Lauren Rachel Berman, Sarah Bryan, Alejandro Chavez, Virginia Garcia, Michael Kagan, Michael Kravitz, Robyn Kravitz, Yamile Labori, Lazara Yoelvis Magadan, Richard McCune, Jose Moreno, Catherine Nwosu, Nnabugwu Nwosu, Linda Rivas, T. Carter Ross, Martha Sanchez, Sonia Casarez Shafer, Joanne Wilson. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Certificate of Good Standing, # 4 Text of Proposed Order)(Duraiswamy, Shankar)
August 13, 2018 Filing 238 MOTION for Daniel T. Grant to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diana Alexander, Lauren Rachel Berman, Sarah Bryan, Alejandro Chavez, Virginia Garcia, Michael Kagan, Michael Kravitz, Robyn Kravitz, Yamile Labori, Lazara Yoelvis Magadan, Richard McCune, Jose Moreno, Catherine Nwosu, Nnabugwu Nwosu, Linda Rivas, T. Carter Ross, Martha Sanchez, Sonia Casarez Shafer, Joanne Wilson. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Certificate of Good Standing, # 4 Text of Proposed Order)(Grant, Daniel)
August 13, 2018 Filing 237 FOURTH LETTER MOTION to Compel Discovery addressed to Judge Jesse M. Furman from Matthew Colangelo dated August 13, 2018. Document filed by State Of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Colangelo, Matthew)
August 13, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 238 MOTION for Daniel T. Grant to Appear Pro Hac Vice (fee waived per Dkt. 224). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 10, 2018 Filing 236 LETTER MOTION to Compel Acting Assistant Attorney General for Civil Rights John Gore to appear for deposition addressed to Judge Jesse M. Furman from Matthew Colangelo dated August 10, 2018. Document filed by State Of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Colangelo, Matthew)
August 10, 2018 Filing 235 NOTICE OF APPEARANCE by Andrew Claude Case on behalf of Black Alliance for Just Immigration, City Of San Jose. (Case, Andrew)
August 10, 2018 Filing 234 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 235 Notice) - NOTICE OF APPEARANCE by Andrew Claude Case on behalf of City of San Diego, Black Alliance for Just Immigration. (Case, Andrew) Modified on 8/14/2018 (db). Party removed as per ecf_error email correspondence received on 8/10/18 @ 2:39pm. Party was inadvertently added instead of City of San Jose as listed on PDF.
August 10, 2018 Opinion or Order Filing 233 ORDER granting 227 Motion to Withdraw as Attorney. The Clerk of Court is directed to remove Dominika Natalia Tarczynska as counsel for Defendants and to terminate Docket No. 227. Attorney Dominika Natalia Tarczynska terminated. (Signed by Judge Jesse M. Furman on 8/10/2018) (ne)
August 10, 2018 Filing 232 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Niyati Shah to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by La Union Del Pueblo Entero Plaintiffs.(Gomez Hernandez, Julia) Modified on 8/10/2018 (bcu).
August 10, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. 232 MOTION for Niyati Shah to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of New York; the filing fee was not paid;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (bcu)
August 9, 2018 Filing 231 NOTICE of Filing Corrected Declaration. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Affidavit Corrected Declaration)(Tomlinson, Martin)
August 8, 2018 Filing 230 NOTICE OF APPEARANCE by Julia Alejandra Gomez Hernandez on behalf of La Union Del Pueblo Entero Plaintiffs. (Gomez Hernandez, Julia)
August 8, 2018 Filing 229 NOTICE OF APPEARANCE by Peter Benjamin DeWitt Duke on behalf of Robyn Kravitz, Michael Kravitz, Catherine Nwosu, Nnabugwu Nwosu, T. Carter Ross, Joanne Wilson, Alejandro Chavez, Richard McCune, Jose Moreno, Diana Alexander, Lauren Rachel Berman, Sarah Bryan, Virginia Garcia, Linda Rivas, Martha Sanchez, Sonia Casarez Shafer, Michael Kagan, Yamile Labori, Lazara Yoelvis Magadan. (Duke, Peter)
August 7, 2018 Filing 228 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Martin M. Tomlinson dated 08/07/2018 re: 220 LETTER MOTION to Compel Defendants to Produce Documents Improperly Withheld addressed to Judge Jesse M. Furman from Matthew Colangelo dated August 2, 2018. . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Affidavit)(Tomlinson, Martin)
August 7, 2018 Filing 227 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Dominika Tarczynska to Withdraw as Attorney . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.(Tarczynska, Dominika) Modified on 8/22/2018 (db).
August 7, 2018 Filing 226 NOTICE OF APPEARANCE by Martin M Tomlinson on behalf of Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Tomlinson, Martin)
August 7, 2018 Filing 225 NOTICE OF APPEARANCE by Elizabeth Morgan on behalf of City Of New York, City and County of San Francisco, City of Central Falls, City of Chicago, City of Columbus, City of Philadelphia, City of Pittsburgh, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, State Of Connecticut, State Of New York, State of Colorado, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Morgan, Elizabeth)
August 4, 2018 Opinion or Order Filing 224 ORDER re: 221 Letter filed by State Of New York Regarding Coordination Procedures. The parties' agreed-upon proposed coordination procedures are acceptable to the Court and hereby adopted. The Court reserves judgment to the extent that there are any disagreements (Items 3 and 4), as those disagreements are academic unless and until discovery is permitted by either Judge Hazel or Judge Seeborg. If or when discovery is authorized by one of those Judges, the Court will consult with the relevant Judge to determine how best to handle those matters. In light of the procedures for raising discovery disputes during depositions (Item 4), counsel in the Maryland and California cases shall promptly file notices of appearance in this case (and to the extent necessary, motions to appear pro hac vice - for which the Court waives the usual fee). SO ORDERED. (Signed by Judge Jesse M. Furman on 8/4/2018) (Text Only Order)(Furman, Jesse)
August 4, 2018 Opinion or Order Filing 223 ORDER with respect to 220 Letter Motion to Compel. Per the Court's Order of July 5, 2018, Defendants shall respond to Plaintiffs' letter motion within three business days - namely, by August 7, 2018. To expedite the Court's resolution of the parties' disputes, Defendants shall simultaneously submit - by e-mail - the eight disputed documents withheld based on the work product doctrine for in camera review by the Court. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 3, 2018 Filing 222 NOTICE of of Supplemental Production of Inadvertently Omitted Materials. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Bailey, Kate)
August 3, 2018 Filing 221 CONSENT LETTER addressed to Judge Jesse M. Furman from Elena Goldstein dated August 3, 2018 re: coordination procedures. Document filed by State Of New York.(Goldstein, Elena)
August 2, 2018 Filing 220 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Compel Defendants to Produce Documents Improperly Withheld addressed to Judge Jesse M. Furman from Matthew Colangelo dated August 2, 2018. Document filed by State Of New York. (Attachments: # 1 Exhibit 1 through 7)(Colangelo, Matthew) Modified on 8/14/2018 (ldi).
July 27, 2018 Opinion or Order Filing 219 ORDER granting 218 Motion for Patricia Jean Boland to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 27, 2018 Filing 218 MOTION for Patricia Jean Boland to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15376848. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Phoenix. (Attachments: # 1 Affidavit Affidavit of Patricia J. Boland in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Text of Proposed Order)(Boland, Patricia)
July 27, 2018 Filing 217 NOTICE of Filing Supplemental Materials Pursuant to the Court's July 3, 2018 Order (Amended). Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Ehrlich, Stephen)
July 27, 2018 Filing 216 NOTICE of Filing Supplemental Materials Pursuant to the Court's July 3, 2018 Order. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Ehrlich, Stephen)
July 27, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 218 MOTION for Patricia Jean Boland to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15376848. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
July 26, 2018 Opinion or Order Filing 215 OPINION AND ORDER re: (38 in 1:18-cv-05025-JMF) MOTION to Dismiss . filed by Wilbur L. Ross, United States Department of Commerce, Bureau of the Census, Ron S. Jarmin, (154 in 1:18-cv-02921-JMF) MOTION to Dismiss . filed by Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Ron S. Jarmin. Defendants' motions to dismiss are GRANTED in part and DENIED in part. First, the Court rejects Defendants' attempts to insulate Secretary Ross's decision to reinstate a question about citizenship on the 2020 census from judicial review. Granted, courts must give proper deference to the Secretary, but that does not mean that they lack authority to entertain claims like those pressed here. To the contrary, courts have a critical role to play in reviewing the conduct of the political branches to ensure that the census is conducted in a manner consistent with the Constitution and applicable law. Second, the Court concludes that Plaintiffs' claims under the Enumeration Clause which turn on whether Secretary Ross had the power to add a question about citizenship to the census and not on whether he exercised that power for impermissible reasons must be dismissed. Third, assuming the truth of their allegations and drawing all reasonable inferences in their favor, the Court finds that NGO Plaintiffs plausibly allege that Secretary Ross's decision to reinstate the citizenship question was motivated at least in part by discriminatory animus and will result in a discriminatory effect. Accordingly, their equal protection claim under the Due Process Clause (and Plaintiffs' APA claims, which Defendants did not substantively challenge) may proceed. None of that is to say that Plaintiffs will ultimately prevail in their challenge to Secretary Ross's decision to reinstate the citizenship question on the 2020 census. As noted, the Enumeration Clause and the Census Act grant him broad authority over the census, and Plaintiffs may not ultimately be able to prove that he exercised that authority in an unlawful manner. Put another way, the question at this stage of the proceedings is not whether the evidence supports Plaintiffs' claims, but rather whether Plaintiffs may proceed with discovery and, ultimately, to summary judgment or trial on their claims. The Court concludes that they may as to their claims under the APA and the Due Process Clause and, to that extent, Defendants' motions are denied. Per the Court's Order entered on July 5, 2018 (Docket No. 199), the deadline for the completion of fact and expert discovery in these cases is October 12, 2018, and the parties shall appear for a pretrial conference on September 14, 2018. The parties are reminded that, no later than the Thursday prior to the pretrial conference, they are to file on ECF a joint letter addressing certain issues. (See id. at 2-3). In that letter, the parties should also give their views with respect to whether the case should resolved by way of summary judgment or trial and whether the two cases should be consolidated for either of those purposes. The Clerk of Court is directed to terminate 18-CV-2921, Docket No. 154; and 18-CV-5025, Docket No. 38. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/26/18) (yv)
July 25, 2018 Filing 214 SECOND AMENDED COMPLAINT amending 10 Complaint,, 85 Amended Complaint,,, against Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.Document filed by City of Central Falls, State of Washington, Commonwealth of Virginia, City of Columbus, City Of New York, State of New Mexico, State of Rhode Island, State Of Connecticut, State of Vermont, City of Phoenix, Commonwealth of Pennsylvania, United States Conference of Mayors, County of Monterey, City and County of San Francisco, Commonwealth of Massachusetts, State of Illinois, City of Philadelphia, State of Maryland, State of New Jersey, County of Cameron, State of North Carolina, County of Hidalgo, State of Colorado, City of Chicago, County of El Paso, State Of New York, City of Seattle, City of Pittsburgh, City of Providence, State of Oregon, State of Iowa, State of Delaware, State of Minnesota, District of Columbia. Related document: 10 Complaint,, 85 Amended Complaint,,,.(Goldstein, Elena)
July 24, 2018 Opinion or Order Filing 213 ORDER: Plaintiffs are granted leave to file the Second Amended Complaint based on their representation of Defendants' consent. Plaintiffs shall refile the same document they tried to file on July 23, 2018 (Docket No. 210 ) by July 25, 2018. The Court will treat 154 Defendants' previously filed motion to dismiss as applying to the Second Amended Complaint. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/24/2018) (Text Only Order) (Furman, Jesse)
July 24, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Elena Stacy Goldstein to RE-FILE re: Document No. 210 Amended Complaint,,,,. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading; the signed opposing counsel consent granting permission to file the pleading was not attached. Re-file the pleading using the event type Second Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against and attach either opposing party's written consent or Court's leave. (pc)
July 23, 2018 Filing 212 NOTICE of Filing Supplemental Materials Pursuant to the Court's July 3, 2018 Order. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Ehrlich, Stephen)
July 23, 2018 Opinion or Order Filing 211 ORDER granting 209 Letter Motion for Extension of Time to Provide Supplemental Material in response to July 3rd order (Unopposed). The deadline to complete production of documents in response to the Court's July 3rd Order is hereby extended to July 26, 2018. No further extensions will be granted. All other deadlines remain in effect. The Court notes that, contrary to Defendants' letter, there IS a pretrial conference scheduled: for September 14, 2018, at 2:00 p.m. (See Docket No. 199 , at 2). (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 23, 2018 Filing 210 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED COMPLAINT amending 10 Complaint,, 85 Amended Complaint,,, against Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.Document filed by City of Central Falls, State of Washington, Commonwealth of Virginia, City of Columbus, City Of New York, State of New Mexico, State of Rhode Island, State Of Connecticut, State of Vermont, Commonwealth of Pennsylvania, United States Conference of Mayors, County of Monterey, City and County of San Francisco, Commonwealth of Massachusetts, State of Illinois, City of Philadelphia, State of Maryland, State of New Jersey, County of Cameron, State of North Carolina, County of Hidalgo, State of Colorado, City of Chicago, County of El Paso, State Of New York, City of Seattle, City of Pittsburgh, City of Providence, State of Oregon, State of Iowa, State of Delaware, State of Minnesota, District of Columbia, City of Phoenix. Related document: 10 Complaint,, 85 Amended Complaint,,,. (Attachments: # 1 cover letter setting forth basis for, and content of, amendment)(Goldstein, Elena) Modified on 7/24/2018 (pc).
July 23, 2018 Filing 209 LETTER MOTION for Extension of Time to Provide Supplemental Material in response to July 3rd order (Unopposed) addressed to Judge Jesse M. Furman from Kate Bailey dated 07/23/2018. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.(Bailey, Kate)
July 20, 2018 Filing 208 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/3/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
July 20, 2018 Filing 207 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/3/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. 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. Redaction Request due 8/10/2018. Redacted Transcript Deadline set for 8/20/2018. Release of Transcript Restriction set for 10/18/2018.(McGuirk, Kelly)
July 20, 2018 Filing 206 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE CORRECTED proceeding held on 7/3/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
July 20, 2018 Filing 205 TRANSCRIPT of Proceedings re: CORRECTED TRANSCRIPT held on 7/3/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. 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. Redaction Request due 8/10/2018. Redacted Transcript Deadline set for 8/20/2018. Release of Transcript Restriction set for 10/18/2018.(McGuirk, Kelly)
July 19, 2018 Opinion or Order Filing 204 ORDER denying without prejudice 201 Letter Motion for Discovery. Plaintiffs' letter motion is denied, substantially for the reasons set forth in 203 Defendants' letter of earlier today. With respect to the first request, to the extent that Plaintiffs can identify a narrower category of particular evidence that they need earlier in order to prepare for a particular deposition or depositions, they may reapply for relief - but only after conferring with defense counsel. With respect to the second request, the Court is skeptical of the need for additional deposition time based on the need to coordinate given the substantial overlap in claims among the cases. Regardless, the request is denied without prejudice to a new application only after a need becomes apparent in the course of a particular deposition or for a particular witness - and, again, only after conferring with defense counsel. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 19, 2018 Filing 203 LETTER addressed to Judge Jesse M. Furman from Carol Federighi dated July 19, 2018 re: Plaintiffs' Letter of July 17, 2018. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.(Federighi, Carol)
July 17, 2018 Opinion or Order Filing 202 ORDER with respect to 201 Letter Motion for Discovery. Defendants shall file any opposition to Plaintiffs' letter motion by July 19, 2018, at noon. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 17, 2018 Filing 201 LETTER MOTION for Discovery addressed to Judge Jesse M. Furman from Elena Goldstein dated 7/17/18. Document filed by State Of New York.(Goldstein, Elena)
July 16, 2018 Filing 200 MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF COUNSEL. ENDORSEMENT: The Clerk of Court is directed to terminate Diane Lucas as counsel. Attorney Diane Omotayo Lucas terminated. (Signed by Judge Jesse M. Furman on 7/16/2018) (tro)
July 5, 2018 Opinion or Order Filing 199 ORDER: For the reasons stated on the record at the conference held on July 3, 2018, Plaintiffs request for an order directing Defendants to complete the administrative record and authorizing extra-record discovery is GRANTED. As discussed, the following deadlines shall apply unless and until the Court says otherwise: Fact Discovery due by 10/12/2018. Expert Discovery due by 10/12/2018. Status Conference set for 9/14/2018 at 02:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 7/5/2018) (ne)
July 3, 2018 Minute Entry for proceedings held before Judge Jesse M. Furman: Oral Argument held on 7/3/2018 re: (193 in 1:18-cv-02921-JMF) Letter, (154 in 1:18-cv-02921-JMF) MOTION to Dismiss , (194 in 1:18-cv-02921-JMF) Letter. Court reporter present. -- See transcript. (ab)
July 2, 2018 Opinion or Order Filing 198 ORDER: Per the Court's Order of May 9, 2018 (18-CV-2921, Docket No. 137), the Court will hear oral argument on Defendants' motion to dismiss in 18-CV-2921 and on the letter motions concerning discovery in both cases tomorrow, July 3, 2018, at 9:30 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. In addition, a live feed of the proceedings will be transmitted to Courtroom 318 in the Thurgood Marshall Courthouse to accommodate additional spectators and those who may want to come and go without intruding on the proceedings. (Signed by Judge Jesse M. Furman on 7/2/2018) (ab)
June 27, 2018 Opinion or Order Filing 197 MEMO ENDORSEMENT on re: (195 in 1:18-cv-02921-JMF) Letter filed by State Of New York. ENDORSEMENT: The Court's Order of May 4, 2018 (Docket No. 117) enabled "counsel who have noticed an appearance on ECF to listen to conferences in this litigation." That Order applies to the conference on July 3, 2018, and all future conferences - in both 18-CV-2921 and 18-CV-5025. The parties are directed to follow the procedures set forth in that Order. The Clerk of Court is directed to docket this letter in both of the above-captioned cases. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/27/2018) (ne)
June 27, 2018 Filing 196 LETTER addressed to Judge Jesse M. Furman from Matthew Colangelo dated June 27, 2018 re: supplemental authority regarding discovery. Document filed by State Of New York. (Attachments: # 1 Exhibit Order in Sierra Club v. Zinke, No. 17-cv-07187-WHO (N.D. Cal. June 26, 2018))(Colangelo, Matthew)
June 27, 2018 Filing 195 JOINT LETTER addressed to Judge Jesse M. Furman from Elena Goldstein dated June 27, 2018 re: telephonic access for upcoming hearing. Document filed by State Of New York.(Goldstein, Elena)
June 26, 2018 Filing 194 LETTER addressed to Judge Jesse M. Furman from Dominika Tarczynska dated June 26, 2018 re: Opposing Discovery. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Exhibit A)(Tarczynska, Dominika)
June 26, 2018 Filing 193 LETTER addressed to Judge Jesse M. Furman from Plaintiffs State of New York et al. dated 6/26/2018 re: discovery outside of the administrative record. Document filed by State Of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Colangelo, Matthew)
June 25, 2018 Opinion or Order Filing 192 ORDER granting 191 Request to File 7-page discovery-related letter. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 25, 2018 Filing 191 CONSENT LETTER MOTION for Leave to File Excess Pages Request to File 7-page discovery-related letter addressed to Judge Jesse M. Furman from Dominika Tarczynska dated June 25, 2018. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.(Tarczynska, Dominika)
June 22, 2018 Filing 190 REPLY MEMORANDUM OF LAW in Support re: 154 MOTION to Dismiss . . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Ehrlich, Stephen)
June 21, 2018 Filing 189 NOTICE of Filing Supplement to Administrative Record. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Supplement)(Ehrlich, Stephen)
June 19, 2018 Opinion or Order Filing 188 ORDER granting on consent 187 Letter Motion to File Amicus Brief. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 18, 2018 Filing 187 CONSENT MOTION to File Amicus Brief . Document filed by Muslim Advocates, National Association of Latino Elected and Appointed Officials, National Coalition on Black Civic Participation, The Leadership Conference Education Fund, The Leadership Conference on Civil and Human Rights. (Attachments: # 1 Proposed Amici Curiae Brief)(Schoenfeld, Alan)
June 18, 2018 Filing 186 NOTICE OF APPEARANCE by Claire M. Guehenno on behalf of Muslim Advocates, National Association of Latino Elected and Appointed Officials, National Coalition on Black Civic Participation, The Leadership Conference Education Fund, The Leadership Conference on Civil and Human Rights. (Guehenno, Claire)
June 18, 2018 Filing 185 NOTICE OF APPEARANCE by Alan Schoenfeld on behalf of The Leadership Conference on Civil and Human Rights, The Leadership Conference Education Fund, Muslim Advocates, National Coalition on Black Civic Participation, National Association of Latino Elected and Appointed Officials. (Schoenfeld, Alan)
June 15, 2018 Opinion or Order Filing 184 ORDER granting 183 Letter Motion for Leave to File Amicus Brief Brief of Current Members of Congress and Bipartisan Former Members of Congress. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 15, 2018 Filing 183 CONSENT MOTION for Leave to File Amici Curiae Brief of Current Members of Congress and Bipartisan Former Members of Congress. Document filed by Brian Schatz, Michael F. Bennet, Richard Blumenthal, Cory A. Booker, Tammy Duckworth, Richard J. Durbin, Kamala D. Harris, Mazie K. Hirono, Bill Nelson, Ron Wyden, Carolyn Maloney, Nanette Diaz Barragan, Howard Berman, Donald S. Beyer, Jr, Earl Blumenauer, Anthony G. Brown, Michael Capuano, Salud O. Carbajal, Tony Cardenas, Andre Carson, Judy Chu, David N. Cicilline, Yvette D. Clarke, Wm. Lacy Clay, Emanuel Cleaver, II, James Clyburn, Steve Cohen, Gerrold Connolly, J. Luis Correa, Joe Courtney, Joe Crowley, Henry Cuellar, Danny K. Davis, Elijah E. Cummings, Diana DeGette, John K. Delaney, Rosa L. DeLauro, Mark DeSaulnier, Ted Deutch, Debbie Dingell, Keith Ellison, Eliot L. Engel, Adriano Espaillat, Elizabeth Esty, Bill Foster, Lois Frankel, Marcia L. Fudge, Ruben Gallego, Jimmy Gomez, Gene Greene, Raul M. Grijalva, Luis V. Gutierrez, Colleen Hanabusa, Alcee L. Hastings, Steny H. Hoyer, Sheila Jackson Lee, Pramila Jayapal, Hakeen Jeffries, Henry C. "Hank" Johnson, Jr, Ro Khanna, Ruben J. Kihuen, Daniel T. Kildee, John B. Larson, Brenda L. Lawrence, Barbara Lee, John Lewis, Zoe Lofgren, Alan Lowenthal, Nita Lowey, Michelle Lujan Grisham, Doris Matsui, Betty McCollum, A. Donald McEachin, James P. McGovern, Gregory Meeks, Grace Meng, Gwen Moore, Constance Morella, Jerrold Nadler, Grace F. Napolitano, Rick Nolan, Donald Norcross, Eleanor Holmes Norton, Frank Pallone, Jr, Jimmy Panetta, Bill Pascrell, Jr, Nancy Pelosi, Ed Perlmutter, Chellie Pingree, Mark Pocan, Jared Polis, John Porter, David E. Price, Mike Quigley, Jamie Raskin, Kathleen M. Rice, Jacky Rosen, Lucille Roybal-Allard, Bobby L. Rush, Linda T. Sanchez, John Sarbanes, Janice D. Schakowsky, Claudine Schneider, Jose Serrano, Brad Sherman, Albio Sires, Adam Smith, Peter Smith, Darren Soto, Jackie Speier, Mark Takano, Bennie G. Thompson, Dina Titus, Norma J. Torres, Juan Vargas, Filemon Vela, Nydia M. Velazquez, Tim Walz, Debbie Wasserman Schultz, Bonnie Watson Coleman, Henry A. Waxman, Peter Welch, John Yarmuth. (Attachments: # 1 Motion for Leave To File, # 2 Exhibit Proposed Amici Curiae Brief, # 3 Text of Proposed Order)(Gans, David)
June 13, 2018 Filing 182 MEMORANDUM OF LAW in Opposition re: 154 MOTION to Dismiss . . Document filed by City Of New York, City and County of San Francisco, City of Central Falls, City of Chicago, City of Columbus, City of Philadelphia, City of Pittsburgh, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, State Of Connecticut, State Of New York, State of Colorado, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Goldstein, Elena)
June 13, 2018 Opinion or Order Filing 181 ORDER: The Order entered earlier today mistakenly stated that oral argument on July 3, 2018, would begin at 10 a.m. Per the Court's Order of May 9, 2018, the Court will hear oral argument beginning at 9:30 a.m. - NOT 10 a.m. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/13/2018) (Text Only Order)(Furman, Jesse)
June 13, 2018 Opinion or Order Filing 180 ORDER: It is hereby ORDERED that: The Court defers the question of whether the two cases should be formally consolidated pursuant to Federal Rule of Civil Procedure 42(a). For now, the Court finds that the cases should be consolidated or coordinated for purposes of case management with respect to scheduling and discovery (if the Court determines that Plaintiffs are entitled to discovery beyond of the administrative record). The briefing and oral argument schedule with respect to Defendants' Motion to Dismiss in 18-CV-2921 (Docket No. 154) remains in effect. Accordingly, Plaintiffs' opposition is due today and Defendants' reply is due by June 22, 2018. The Court will hear oral argument on that motion on July 3, 2018, at 10 a.m. (See 18-CV-2921, Docket No. 137). The New York Immigration Coalition ("NYIC") Plaintiffs shall submit a five-page single-spaced letter brief by June 26, 2018, concerning whether and to what extent the Court should permit discovery in these matters outside of the administrative record. The NYIC Plaintiffs are also granted leave to participate in the July 3, 2018 hearing to the extent that it concerns the question of discovery. The following briefing schedule shall apply to Defendants' anticipated motion to dismiss in 18-CV-5025: Defendants shall submit any such motion by June 29, 2018; Plaintiffs' opposition shall be filed by July 9, 2018; and Defendants' reply, if any, shall be filed by July 13, 2018. The Court will advise the parties after reviewing their written submissions if it intends to hold oral argument on that motion. (Motions due by 6/29/2018. Responses due by 7/9/2018. Replies due by 7/13/2018.) (Oral Argument set for 7/3/2018 at 10:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 6/13/2018) (ras)
June 12, 2018 Opinion or Order Filing 179 ORDER granting unopposed 175 Letter Motion to File Amicus Brief. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 12, 2018 Filing 178 JOINT LETTER addressed to Judge Jesse M. Furman from All Parties dated 6/12/2018 re: Response of the parties to the Court's June 6 Order (Docket No. 172). Document filed by City Of New York, City and County of San Francisco, City of Central Falls, City of Chicago, City of Columbus, City of Philadelphia, City of Pittsburgh, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, State Of Connecticut, State Of New York, State of Colorado, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors.(Colangelo, Matthew)
June 11, 2018 Filing 177 LETTER addressed to Judge Jesse M. Furman from Elena Goldstein dated 6/11/18 re: proposed amicus brief. Document filed by State Of New York.(Goldstein, Elena)
June 11, 2018 Opinion or Order Filing 176 ORDER with respect to 175 Letter Motion to File Amicus Brief. Plaintiffs shall file a letter with respect to their position on the motion for leave to file an amicus brief by June 12, 2018. The letter should state whether or when Plaintiffs' counsel first saw a copy of the proposed amicus brief. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 11, 2018 Filing 175 MOTION to File Amicus Brief . Document filed by Federation for American Immigration Reform. (Attachments: # 1 amicus brief, # 2 email correspondence, # 3 proposed order)(Hajec, Christopher)
June 10, 2018 Opinion or Order Filing 174 ORDER granting 171 Motion for Christopher J. Hajec to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 8, 2018 Filing 173 NOTICE of Filing Administrative Record Certification and Index. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Attachments: # 1 Certification of Administrative Record, # 2 Administrative Record Index)(Ehrlich, Stephen)
June 8, 2018 Opinion or Order Filing 172 ORDER: On June 6, 2018, five organizations filed suit against the United States Department of Commerce, the Bureau of the Census, and related individual defendants. (18-CV-5025, Docket No. 1). Plaintiffs submitted a Related Case Statement (18-CV-5025, Docket No. 7), indicating their view that the case is related to 18-CV-2921, and this Court accepted it as related. Counsel in both cases shall promptly confer and, no later than June 12, 2018, shall submit a joint letter (or, if that is impracticable, competing letters) expressing their views on (1) whether and to what extent the two cases should be consolidated (pursuant to Rule 42 of the Federal Rules of Civil Procedure) or otherwise coordinated; (2) whether Defendants anticipate filing any motions in 18-CV-5025 and, if so, a proposed schedule for such motions (mindful of the schedule in 18-CV-2921); and (3) whether (and, if so, when) the Court should hold a conference to discuss those issues or any others. The Court notes that Plaintiffs in the new case indicate that they "will not seek to alter the existing schedule in the State of New York case." (18-CV-5025, Docket No. 7). For that reason and others, unless and until the Court says otherwise, the deadlines for briefing and oral argument in 18-CV-2921 remain in effect. (Signed by Judge Jesse M. Furman on 6/8/2018) (mro)
June 8, 2018 Filing 171 MOTION for Christopher J. Hajec to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federation for American Immigration Reform. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Certificates of good standing, # 3 Exhibit Proposed order)(Hajec, Christopher)
June 8, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 171 MOTION for Christopher J. Hajec to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
June 7, 2018 Filing 170 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION for Christopher J. Hajec to Appear Pro Hac Vice including certificates of good standing. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federation for American Immigration Reform. (Attachments: # 1 Exhibit Certificates of good standing, # 2 Exhibit Motion for leave to file amicus brief, # 3 Exhibit Amicus brief, # 4 Exhibit Proposed order)(Hajec, Christopher) Modified on 6/7/2018 (jc).
June 7, 2018 Filing 169 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Christopher J. Hajec to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15170725. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federation for American Immigration Reform. (Attachments: # 1 Exhibit Motion for leave to file amicus brief, # 2 Exhibit Amicus brief, # 3 Exhibit Proposed order)(Hajec, Christopher) Modified on 6/7/2018 (jc).
June 7, 2018 Opinion or Order Filing 168 ORDER granting on consent 167 Letter Motion to File Amicus Brief in Support of Defendants' Motion to Dismiss. Absent consent of the parties, the Court is unlikely to grant any further motions for leave to file as amicus in support of Defendants' motion to dismiss, as Plaintiffs will not have an adequate amount of time to respond in their opposition memorandum. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 7, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 169 MOTION for Christopher J. Hajec to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15170725. Motion and supporting papers to be reviewed by Clerk's Office staff., 170 AMENDED MOTION for Christopher J. Hajec to Appear Pro Hac Vice including certificates of good standing. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): 1) Attorney must submit an Affidavit or Declaration (not a Statement); and 2) all of the other documents not related to the Pro Hac Vice motion are filed separately. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc)
June 6, 2018 Filing 167 MOTION to File Amicus Brief in Support of Defendants' Motion to Dismiss. Document filed by Project on Fair Representation. (Attachments: # 1 Proposed Amicus Brief)(Park, Michael)
June 6, 2018 Filing 166 NOTICE OF APPEARANCE by Michael Hun Park on behalf of Project on Fair Representation. (Park, Michael)
June 4, 2018 Opinion or Order Filing 165 ORDER granting 162 Letter Motion of Oklahoma and Various Other States to File Amicus Brief in Support of Defendants' Motion to Dismiss. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 4, 2018 Opinion or Order Filing 164 ORDER granting on consent 160 American Center for Law and Justice's Letter Motion for Leave to File Amicus curiae memorandum of law. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 1, 2018 Filing 163 DECLARATION of Mithun Mansinghani in Support re: 162 MOTION to File Amicus Brief in Support of Defendants' Motion to Dismiss.. Document filed by State of Oklahoma. (Mansingham, Mithun)
June 1, 2018 Filing 162 MOTION to File Amicus Brief in Support of Defendants' Motion to Dismiss. Document filed by State of Oklahoma. (Attachments: # 1 Exhibit Proposed Brief in Support of Defendants' Motion to Dismiss)(Mansingham, Mithun)
June 1, 2018 Filing 161 NOTICE OF APPEARANCE by Mithun Mansingham on behalf of State of Oklahoma. (Mansingham, Mithun)
June 1, 2018 Filing 160 MOTION for Leave to File Amicus curiae memorandum of law . Document filed by American Center for Law and Justice. (Attachments: # 1 Motion for Leave to File Amicus Curiae Memorandum of Law in Support of Motion to Dismiss, # 2 Amicus Curiae Memorandum of Law in Support of Defendants' Motion to Dismiss, # 3 Text of Proposed Order)(Ferrara, Christopher)
June 1, 2018 Opinion or Order Filing 159 ORDER granting 158 Motion for Mithun Mansinghani to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 1, 2018 Filing 158 MOTION for Mithun Mansinghani to Appear Pro Hac Vice (CORRECTED). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Oklahoma. (Attachments: # 1 Affidavit Affidavit in Support of Mot for PHV, # 2 Text of Proposed Order Proposed Order Granting PHV)(Mansingham, Mithun)
June 1, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 158 MOTION for Mithun Mansinghani to Appear Pro Hac Vice (CORRECTED). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
May 31, 2018 Filing 157 NOTICE OF APPEARANCE by Christopher A. Ferrara, Off on behalf of United States Department of Commerce. (Ferrara, Christopher)
May 31, 2018 Filing 156 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mithun Mansinghani to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15138607. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Oklahoma. (Attachments: # 1 Affidavit Affidavit in Support of Mot for PHV, # 2 Text of Proposed Order Proposed Order Granting PHV)(Mansingham, Mithun) Modified on 5/31/2018 (bcu).
May 31, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 156 MOTION for Mithun Mansinghani to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15138607. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
May 25, 2018 Filing 155 MEMORANDUM OF LAW in Support re: 154 MOTION to Dismiss . . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Bailey, Kate)
May 25, 2018 Filing 154 MOTION to Dismiss . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.(Bailey, Kate)
May 24, 2018 Opinion or Order Filing 153 ORDER granting 152 Letter Motion for Leave to File Excess Pages. Each side is granted up to 35 pages for its principal brief; and Defendants are granted up to 15 pages for their reply brief. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 24, 2018 Filing 152 LETTER MOTION for Leave to File Excess Pages addressed to Judge Jesse M. Furman from Kate Bailey dated 05/24/2018. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.(Bailey, Kate)
May 18, 2018 Filing 151 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/9/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 18, 2018 Filing 150 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/9/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. 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. Redaction Request due 6/8/2018. Redacted Transcript Deadline set for 6/18/2018. Release of Transcript Restriction set for 8/16/2018.(McGuirk, Kelly)
May 18, 2018 Filing 149 NOTICE OF APPEARANCE by Sania Waheed Khan on behalf of State Of New York. (Khan, Sania)
May 16, 2018 Opinion or Order Filing 148 ORDER granting 147 Motion for John Daniel Reaves to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 16, 2018 Filing 147 MOTION for John Daniel Reaves to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United States Conference of Mayors. Return Date set for 5/16/2018 at 03:30 PM. (Attachments: # 1 Text of Proposed Order Order for Admission Pro Hac Vice, # 2 Affidavit Affidavit of Good Standing, # 3 Supplement DC Bar Certificate)(Reaves, John)
May 16, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 147 MOTION for John Daniel Reaves to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
May 15, 2018 Opinion or Order Filing 146 ORDER granting 145 Motion for Jo Anne Bernal to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 15, 2018 Filing 145 MOTION for Jo Anne Bernal to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by County of El Paso. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Bernal, Jo Anne)
May 15, 2018 Opinion or Order Filing 144 ORDER granting 143 Motion for Zachary M. Klein to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 15, 2018 Filing 143 MOTION for Zachary M. Klein to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Columbus. (Attachments: # 1 Affidavit Affidavit of Zachary M. Klein in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Order for Admission Pro Hac Vice)(Klein, Zachary)
May 15, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 143 MOTION for Zachary M. Klein to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
May 15, 2018 Pro Hac Vice Fee Payment: for 143 MOTION for Zachary M. Klein to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number 0208-15068224.(Klein, Zachary)
May 15, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 145 MOTION for Jo Anne Bernal to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
May 15, 2018 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Jo Anne Bernal to RE-FILE Document 142 MOTION to Amend/Correct Notice Regarding Deficient Motion to Appear Pro Hac vice, Notice Regarding Deficient Motion to Appear Pro Hac vice . Use the event type Appear Pro Hac Vice found under the event list Motions. (ldi)
May 14, 2018 Filing 142 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct Notice Regarding Deficient Motion to Appear Pro Hac vice,,, Notice Regarding Deficient Motion to Appear Pro Hac vice,, . Document filed by County of El Paso. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Affidavit, # 3 Exhibit Certif. Good Standing)(Bernal, Jo Anne) Modified on 5/15/2018 (ldi).
May 10, 2018 Filing 141 NOTICE OF CHANGE OF ADDRESS by Elena Stacy Goldstein on behalf of State Of New York. New Address: New York State Office of the Attorney General, 28 Liberty Street, 20th Floor, New York, NY, United States 10005, 2124166201. (Goldstein, Elena)
May 10, 2018 Opinion or Order Filing 140 ORDER granting 139 Motion for Yvonne Schlossberg Hilton to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 10, 2018 Filing 139 MOTION for Yvonne Schlossberg Hilton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15053079. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Pittsburgh. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Text of Proposed Order)(Hilton, Yvonne)
May 10, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 139 MOTION for Yvonne Schlossberg Hilton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15053079. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
May 9, 2018 Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held on 5/9/2018. Court reporter present. -- See transcript. (ab)
May 9, 2018 Opinion or Order Filing 138 ORDER granting 135 Motion for Michael J. Fischer to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 9, 2018 Opinion or Order Filing 137 ORDER: As discussed on the record at today's conference, Defendants shall file their motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) and/or 12(b)(6) by May 25, 2018. Plaintiffs shall file any opposition by June 13, 2018, and Defendants shall file any reply by June 22, 2018. Additionally, Defendants shall produce the administrative record on or before June 8, 2018. By June 26, 2018, each side shall file a letter brief, not to exceed five single-spaced pages, setting forth its views on whether and to what extent the Court should permit discovery outside of the administrative record (and proposing a schedule for any such discovery). The Court will hear oral argument on Defendants motion, as well as the letter motions concerning discovery, on July 3, 2018, at 9:30 a.m, in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. (Signed by Judge Jesse M. Furman on 5/9/2018) (ab)
May 9, 2018 Filing 136 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION for Jo Anne Bernal to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by County of El Paso. (Attachments: # 1 Text of Proposed Order)(Kaplan, Ian) Modified on 5/9/2018 (jc).
May 9, 2018 Filing 135 MOTION for Michael J. Fischer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15047893. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Commonwealth of Pennsylvania. (Attachments: # 1 Affidavit Affidavit of Michael Fischer, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Certificate of Good Standing, # 4 Text of Proposed Order Proposed Order)(Fischer, Michael)
May 9, 2018 Opinion or Order Filing 134 ORDER FOR ADMISSION PRO HAC VICE granting 124 Motion to Amend/Correct: The motion of Scott J. Kaplan, for admission to practice Pro Hac Vice in the above caption action is granted. The Clerk of Court is directed to terminate Docket No. 124. (Signed by Judge Jesse M. Furman on 5/9/2018) (ne)
May 9, 2018 Filing 133 NOTICE OF APPEARANCE by Brett Shumate on behalf of Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Shumate, Brett)
May 9, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 124 AMENDED MOTION to Amend/Correct Motion for Application Pro Hac Vice.. The document has been reviewed and there are no deficiencies. (bcu)
May 9, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 135 MOTION for Michael J. Fischer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15047893. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
May 9, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 136 AMENDED MOTION for Jo Anne Bernal to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): electronic signature /s/ used on Attorney Affidavit but attorney seeking admission is using another attorney's ECF login and password - original signature needed OR attorney seeking admission needs to apply for their own ECF credentials. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc)
May 9, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 131 MOTION for Jo Anne Bernal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15043745. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
May 8, 2018 Filing 132 NOTICE OF APPEARANCE by Kate Bailey on behalf of Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Bailey, Kate)
May 8, 2018 Filing 131 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jo Anne Bernal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15043745. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by County of El Paso. Return Date set for 5/8/2018 at 03:22 PM.(Bernal, Jo Anne) Modified on 5/9/2018 (wb).
May 8, 2018 Filing 130 NOTICE OF APPEARANCE by Brian Alexander de Haan on behalf of State of Oregon. (de Haan, Brian)
May 8, 2018 Filing 129 NOTICE OF APPEARANCE by Ian R. Kaplan on behalf of County of El Paso. (Kaplan, Ian)
May 8, 2018 Opinion or Order Filing 128 ORDER granting 125 Motion for Matthew Timothy Jerzyk to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 8, 2018 Filing 127 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED MOTION for John Daniel Reaves to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15041130. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United States Conference of Mayors. (Attachments: # 1 Text of Proposed Order Admit John Daniel Reaves, Atty, # 2 Affidavit Affidavit of Good Standing)(Reaves, John) Modified on 5/8/2018 (wb).
May 8, 2018 Filing 126 NOTICE OF APPEARANCE by Jonathan Benjamin Miller on behalf of Commonwealth of Massachusetts. (Miller, Jonathan)
May 8, 2018 Filing 125 MOTION for Matthew Timothy Jerzyk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15040927. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Central Falls. (Attachments: # 1 Text of Proposed Order)(Jerzyk, Matthew)
May 8, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 125 MOTION for Matthew Timothy Jerzyk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15040927. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
May 8, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 127 PROPOSED MOTION for John Daniel Reaves to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15041130. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from District of Columbia;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
May 7, 2018 Filing 124 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED MOTION to Amend/Correct Motion for Application Pro Hac Vice. Document filed by State of Oregon. (Attachments: # 1 Affidavit of Scott Kaplan, # 2 Supplement Supreme Court Certificates of Good Standing, # 3 Text of Proposed Order)(Kaplan, Scott) Modified on 5/15/2018 (ldi).
May 7, 2018 Opinion or Order Filing 123 ORDER granting 120 Motion for Matthew Stephen McHale to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 7, 2018 Opinion or Order Filing 122 ORDER granting 119 Motion for Alexandra N. Pickerill to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 7, 2018 Opinion or Order Filing 121 ORDER granting 118 Motion for Lara N. Baker-Morrish to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 7, 2018 Filing 120 MOTION for Matthew Stephen McHale to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15034940. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Pittsburgh. (Attachments: # 1 Affidavit, # 2 Certificate of good standing, # 3 Text of Proposed Order)(McHale, Matthew)
May 7, 2018 Filing 119 MOTION for Alexandra N. Pickerill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15032945. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Columbus. (Attachments: # 1 Affidavit Affidavit of Alexandra N. Pickerill in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Order for Admission Pro Hac Vice)(Pickerill, Alexandra)
May 7, 2018 Filing 118 MOTION for Lara N. Baker-Morrish to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Columbus. (Attachments: # 1 Affidavit Affidavit of Lara Baker-Morrish in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Exhibit E-Cert Discipline Language 1, # 3 Exhibit Active E-Cert Standard language 1, # 4 Text of Proposed Order Order for Admission Pro Hac Vice)(Baker-Morrish, Lara)
May 7, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 120 MOTION for Matthew Stephen McHale to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15034940. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
May 7, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 118 MOTION for Lara N. Baker-Morrish to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., 119 MOTION for Alexandra N. Pickerill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15032945. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
May 4, 2018 Opinion or Order Filing 117 ORDER [Regarding Telephonic Access to Court Conferences]: By letter dated May 3, 2018 (Docket No. 106), the parties in this case requested permission for certain counsel to appear telephonically at the initial pretrial conference on May 9, 2018. The request is hereby granted. To that end, the Court has arranged for the use of CourtCall, an independent conference call company, to enable counsel who have noticed an appearance on ECF to listen to conferences in this litigation, including but not limited to the conference scheduled for 3:00 p.m. on May 9, 2018. In order to use CourtCall to participate in a conference, a party must call CourtCall's reservation desk at (888) 882-6878 prior to the conference to schedule an appearance. CourtCall will provide each participant with written confirmation of his or her registration and a number for the participant to call at the appointed time. Parties are advised that there is a fee to use CourtCall. All CourtCall participants will be in "listen-only" mode. That is, unless the Court grants leave to counsel in advance of a conference, any counsel who wishes to speak at a conference must be physically present in the courtroom. (Signed by Judge Jesse M. Furman on 5/4/2018) (ras)
May 4, 2018 Opinion or Order Filing 116 ORDER granting 114 Motion for Charles Joseph McKee to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 4, 2018 Filing 115 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Lara N. Baker-Morrish to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15030646. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Columbus. (Attachments: # 1 Affidavit Affidavit of Lara Baker-Morrish in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Exhibit E-Cert Discipline Language 1, # 3 Exhibit Active E-Cert Standard language 1, # 4 Text of Proposed Order Order for Admission Pro Hac Vice)(Baker-Morrish, Lara) Modified on 5/4/2018 (ma).
May 4, 2018 Filing 114 MOTION for Charles Joseph McKee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15030527. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by County of Monterey. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Exhibit)(Litt, William)
May 4, 2018 Opinion or Order Filing 113 ORDER granting 111 Motion for John Hendricks to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 4, 2018 Opinion or Order Filing 112 ORDER granting 110 Motion for RIchard N Coglianese to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 4, 2018 Filing 111 MOTION for John Hendricks to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15029151. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Chicago. (Attachments: # 1 Exhibit certificate of good standing, # 2 Affidavit, # 3 Text of Proposed Order)(Hendricks, John)
May 4, 2018 Filing 110 MOTION for RIchard N Coglianese to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Columbus. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Coglianese, Richard)
May 4, 2018 Filing 109 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION to Amend/Correct Notice Regarding Deficient Motion to Appear Pro Hac vice,, ., MOTION for Richard N Coglianese to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Columbus. (Attachments: # 1 Affidavit Affidavit of Richard N Coglianese, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order Granting Motion)(Coglianese, Richard) Modified on 5/4/2018 (jc).
May 4, 2018 Filing 108 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Richard N. Coglianese to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15028399. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Columbus. (Attachments: # 1 Affidavit Affidavit of Richard N. Coglianese in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Exhibit Richard N. Coglianese Certificate of Good Standing, # 3 Text of Proposed Order Order For Admission Pro Hac Vice)(Coglianese, Richard) Modified on 5/4/2018 (bcu).
May 4, 2018 Opinion or Order Filing 107 ORDER granting 102 Motion for Jacqueline Cooper Melmed to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 4, 2018 Filing 106 NOTICE OF APPEARANCE by Stephen Ehrlich on behalf of Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Ehrlich, Stephen)
May 4, 2018 Filing 105 NOTICE OF CHANGE OF ADDRESS by Stephen Ehrlich on behalf of All Defendants. New Address: U.S. Department of Justice, 20 Massachussetts Ave NW, Washington, DC, 20530, 2023059803. (Ehrlich, Stephen)
May 4, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 109 AMENDED MOTION to Amend/Correct Notice Regarding Deficient Motion to Appear Pro Hac vice,, . MOTION for Richard N Coglianese to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): 1) the wrong event type was used to file the motion (use Appear Pro Hac Vice under Motions); and 2) motion was not signed. Re-file the motion as a Motion to Appear Pro Hac Vice using the event type Motion to Appear Pro Hac Vice found under the event list Motions - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc)
May 4, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 102 MOTION for Jacqueline Cooper Melmed to Appear Pro Hac Vice for Plaintiff State of Colorado. Filing fee $ 200.00, receipt number 0208-15026680. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
May 4, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 115 MOTION for Lara N. Baker-Morrish to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15030646. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): PLEASE LIST THE CORRECT CASE NUMBER ON ALL THE DOCUMENTS.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
May 4, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 114 MOTION for Charles Joseph McKee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15030527. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
May 4, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 110 MOTION for RIchard N Coglianese to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
May 4, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 108 MOTION for Richard N. Coglianese to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15028399. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Incorrect case number on the motion and affidavit;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
May 4, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 111 MOTION for John Hendricks to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15029151. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
May 3, 2018 Filing 104 JOINT LETTER addressed to Judge Jesse M. Furman from Lourdes Rosado dated 5/3/2018 re: Telephonic appearances by certain parties at initial pretrial conference. Document filed by City Of New York, City and County of San Francisco, City of Central Falls, City of Chicago, City of Columbus, City of Philadelphia, City of Pittsburgh, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, State Of Connecticut, State Of New York, State of Colorado, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors.(Saini, Ajay)
May 3, 2018 Filing 103 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Joint Letter from all Parties Document filed by City Of New York, City and County of San Francisco, City of Central Falls, City of Chicago, City of Columbus, City of Philadelphia, City of Pittsburgh, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, State Of Connecticut, State Of New York, State of Colorado, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Attachments: # 1 Text of Proposed Order Plaintiffs' Proposed Scheduling Order)(Saini, Ajay)
May 3, 2018 Filing 102 MOTION for Jacqueline Cooper Melmed to Appear Pro Hac Vice for Plaintiff State of Colorado. Filing fee $ 200.00, receipt number 0208-15026680. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Colorado. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Text of Proposed Order)(Melmed, Jacqueline)
May 3, 2018 Filing 101 NOTICE OF APPEARANCE by Stephen Ehrlich on behalf of Bureau of the Census, United States Department of Commerce. (Ehrlich, Stephen)
May 3, 2018 Filing 100 NOTICE OF APPEARANCE by Carol Federighi on behalf of Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. (Federighi, Carol)
May 3, 2018 Opinion or Order Filing 99 ORDER granting 98 Motion for William Merrill Litt to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 3, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 98 MOTION for William Merrill Litt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15021429. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
May 2, 2018 Filing 98 MOTION for William Merrill Litt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15021429. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by County of Monterey. (Attachments: # 1 Affidavit of William Litt in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Text of Proposed Order for Admission Pro Hac Vice, # 3 Exhibit Certificate of Good Standing of William Litt)(Litt, William)
May 2, 2018 Opinion or Order Filing 97 ORDER granting 96 Motion for Rolando L. Rios to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 2, 2018 Filing 96 MOTION for Rolando L. Rios to Appear Pro Hac Vice for Hidalgo and Cameron Counties. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by County of Cameron, County of Hidalgo. (Attachments: # 1 Proposed Order)(Rios, Rolando)
May 2, 2018 Opinion or Order Filing 95 ORDER granting 93 Motion for Ann E. Lynch to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 2, 2018 Filing 94 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Rolando L. Rios to Appear Pro Hac Vice for Hidalgo and Cameron Counties. Filing fee $ 200.00, receipt number 0208-15019401. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by County of Cameron, County of Hidalgo. (Attachments: # 1 Text of Proposed Order Proposed Order)(Rios, Rolando) Modified on 5/2/2018 (jc).
May 2, 2018 Filing 93 MOTION for Ann E. Lynch to Appear Pro Hac Vice for the Commonwealth of Massachusetts. Filing fee $ 200.00, receipt number 0208-15019093. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Commonwealth of Massachusetts. (Attachments: # 1 Affidavit Attorney Affidavit, # 2 Exhibit Mass. Cert. of Good Standing, # 3 Exhibit Mass. Dist. Ct. Cert. of Good Standing, # 4 Text of Proposed Order Proposed Order)(Lynch, Ann)
May 2, 2018 Filing 92 NOTICE OF APPEARANCE by David J. Lyons on behalf of State of Delaware. (Lyons, David)
May 2, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 93 MOTION for Ann E. Lynch to Appear Pro Hac Vice for the Commonwealth of Massachusetts. Filing fee $ 200.00, receipt number 0208-15019093. Motion and supporting papers to be reviewed by Clerk's Office staff.</FONT. The document has been reviewed and there are no deficiencies. (jc)
May 2, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 96 MOTION for Rolando L. Rios to Appear Pro Hac Vice for Hidalgo and Cameron Counties. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
May 2, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 94 MOTION for Rolando L. Rios to Appear Pro Hac Vice for Hidalgo and Cameron Counties. Filing fee $ 200.00, receipt number 0208-15019401. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas (our court does not accept state bar certificates). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc)
May 1, 2018 Opinion or Order Filing 91 ORDER granting 90 Motion for David L. Lyons to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 1, 2018 Filing 90 MOTION for David L. Lyons to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Delaware. (Attachments: # 1 Affidavit Certificate of Good Standing, # 2 Affidavit Affidavit of David L. Lyons, # 3 Text of Proposed Order Order for Admission)(Lyons, David)
May 1, 2018 Filing 89 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct Motion to Appear Pro Hac Vice. Document filed by State of Delaware.(Lyons, David) Modified on 5/1/2018 (jc).
May 1, 2018 Opinion or Order Filing 88 ORDER granting 87 Motion for Christie Starzec to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 1, 2018 Filing 87 MOTION for Christie Starzec to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15012861. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Chicago. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Affidavit, # 3 Text of Proposed Order)(Starzec, Christie)
May 1, 2018 Filing 86 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David J. Lyons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15012354. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Delaware.(Lyons, David) Modified on 5/1/2018 (bcu).
May 1, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 87 MOTION for Christie Starzec to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15012861. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
May 1, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 86 MOTION for David J. Lyons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15012354. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Proposed Order; Attorney Affidavit/Declaration is missing per local rule 1.3.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
May 1, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 90 MOTION for David L. Lyons to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
May 1, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 89 MOTION to Amend/Correct Motion to Appear Pro Hac Vice... The filing is deficient for the following reason(s): the wrong event type was used to file the motion. Re-file the motion using the event type Motion to Appear Pro Hac Vice found under the event list Motions - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc)
April 30, 2018 Filing 85 FIRST AMENDED COMPLAINT amending 10 Complaint,, against Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.Document filed by City of Philadelphia, State of Maryland, State of Vermont, State Of Connecticut, State Of New York, State of Washington, Commonwealth of Virginia, City of Seattle, City Of New York, Commonwealth of Pennsylvania, United States Conference of Mayors, State of New Jersey, State of New Mexico, City of Providence, City and County of San Francisco, State of Oregon, State of Iowa, State of Delaware, State of Minnesota, State of North Carolina, State of Rhode Island, Commonwealth of Massachusetts, District of Columbia, City of Chicago, State of Illinois, City of Pittsburgh, County of Cameron, State of Colorado, City of Central Falls, City of Columbus, County of El Paso, County of Monterey, County of Hidalgo. Related document: 10 Complaint,,.(Saini, Ajay)
April 30, 2018 Filing 84 NOTICE OF APPEARANCE by Matthew Robert McGuire on behalf of Commonwealth of Virginia. (McGuire, Matthew)
April 30, 2018 Opinion or Order Filing 83 ORDER granting 80 Motion for Jeff Dana to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 29, 2018 Opinion or Order Filing 82 ORDER granting 79 Motion for Julio A. Thompson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 27, 2018 Filing 81 NOTICE OF APPEARANCE by Elena Stacy Goldstein on behalf of State Of New York. (Goldstein, Elena)
April 27, 2018 Filing 80 MOTION for Jeff Dana to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15000213. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Providence. (Attachments: # 1 Order, # 2 Affidavit, # 3 Cert of Good Standing)(Dana, Jeffrey)
April 27, 2018 Filing 79 MOTION for Julio A. Thompson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14998336. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Vermont. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Thompson, Julio)
April 27, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 80 MOTION for Jeff Dana to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15000213. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
April 27, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 79 MOTION for Julio A. Thompson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14998336. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
April 26, 2018 Opinion or Order Filing 78 ORDER granting 77 Motion for Eleanor N Ewing to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 26, 2018 Filing 77 MOTION for Eleanor N Ewing to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14993449. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Philadelphia. (Attachments: # 1 Affidavit Ewing PHV Affidavit, # 2 Exhibit Ewing COGS, # 3 Text of Proposed Order Ewing PHV Proposed Order)(Ewing, Eleanor)
April 26, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 77 MOTION for Eleanor N Ewing to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14993449. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
April 25, 2018 Opinion or Order Filing 76 ORDER granting 75 Motion for Miranda Mercedes Cover to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 25, 2018 Filing 75 MOTION for Miranda Mercedes Cover to Appear Pro Hac Vice for Commonwealth of Massachusetts. Filing fee $ 200.00, receipt number 0208-14985488. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Commonwealth of Massachusetts. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Cover, Miranda)
April 25, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 75 MOTION for Miranda Mercedes Cover to Appear Pro Hac Vice for Commonwealth of Massachusetts. Filing fee $ 200.00, receipt number 0208-14985488. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
April 24, 2018 Opinion or Order Filing 74 ORDER granting 73 Motion for Benjamin Hirsch Field to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 24, 2018 Filing 73 MOTION for Benjamin Hirsch Field to Appear Pro Hac Vice with Certificate of Good Standing, Affidavit, and Proposed Order. Filing fee $ 200.00, receipt number 0208-14980292. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Philadelphia. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Text of Proposed Order)(Field, Benjamin)
April 24, 2018 Filing 72 NOTICE OF CHANGE OF ADDRESS by Lourdes Maria Rosado on behalf of State Of New York. New Address: New York State Office of the Attorney General, 28 Liberty Street, 20th floor, New York, New York, USA 10005, 212-416-8252. (Rosado, Lourdes)
April 24, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 73 MOTION for Benjamin Hirsch Field to Appear Pro Hac Vice with Certificate of Good Standing, Affidavit, and Proposed Order. Filing fee $ 200.00, receipt number 0208-14980292. Motion and supporting papers to be reviewed. The document has been reviewed and there are no deficiencies. (bcu)
April 23, 2018 Opinion or Order Filing 71 ORDER granting 69 Motion for Peter S. Holmes to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 23, 2018 Opinion or Order Filing 70 ORDER granting 68 Motion for Gary T. Smith to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 23, 2018 Filing 69 MOTION for Peter S. Holmes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14976075. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Seattle. Return Date set for 4/23/2018 at 02:00 PM. (Attachments: # 1 Affidavit Affidavit of Peter S. Holmes ISO Motion to Admit Pro Hac Vice, # 2 Exhibit Certificate of Good Standing - Ohio, # 3 Exhibit Certificate of Good Standing - Washington, # 4 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)(Holmes, Peter)
April 23, 2018 Filing 68 MOTION for Gary T. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14975951. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Seattle. Return Date set for 4/23/2018 at 11:45 AM. (Attachments: # 1 Affidavit Affidavit of Gary Smith ISO Motion to Admit Pro Hac Vice, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)(Smith, Gary)
April 23, 2018 Filing 67 NOTICE OF CHANGE OF ADDRESS by Matthew Colangelo on behalf of State Of New York. New Address: New York State Office of the Attorney General, 28 Liberty Street, 19th Floor, New York, NY, 10005, 212-416-6057. (Colangelo, Matthew)
April 23, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 68 MOTION for Gary T. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14975951. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 23, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 69 MOTION for Peter S. Holmes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14976075. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
April 23, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 69 MOTION for Peter S. Holmes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14976075. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 20, 2018 Opinion or Order Filing 66 ORDER granting 65 Motion for John Robert Grimm to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 20, 2018 Filing 65 MOTION for John Robert Grimm to Appear Pro Hac Vice on behalf of State of Maryland. Filing fee $ 200.00, receipt number 0208-14967801. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Maryland. (Attachments: # 1 Affidavit, # 2 Exhibit Md. Certificate of Good Standing, # 3 DC Certificate of Good Standing, # 4 Text of Proposed Order)(Grimm, John)
April 20, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 65 MOTION for John Robert Grimm to Appear Pro Hac Vice on behalf of State of Maryland. Filing fee $ 200.00, receipt number 0208-14967801. Motion and supporting papers to be reviewed by Clerk's Office staff.<. The document has been reviewed and there are no deficiencies. (wb)
April 18, 2018 Opinion or Order Filing 64 ORDER granting 63 Motion for Andrew Wilford Worseck to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 18, 2018 Filing 63 MOTION for Andrew Wilford Worseck to Appear Pro Hac Vice on behalf of City of Chicago. Filing fee $ 200.00, receipt number 0208-14958877. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Chicago. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of good standing, # 3 Text of Proposed Order)(Worseck, Andrew)
April 18, 2018 Filing 62 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Scott J. Kaplan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14958567. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Oregon. (Attachments: # 1 Supplement Certificates of Good Standing, # 2 Affidavit, # 3 Text of Proposed Order)(Kaplan, Scott) Modified on 4/18/2018 (jc).
April 18, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 62 MOTION for Scott J. Kaplan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14958567. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificates of Good Standing from Supreme Courts of California and Oregon (our court does not accept state bar certificates). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc)
April 18, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 63 MOTION for Andrew Wilford Worseck to Appear Pro Hac Vice on behalf of City of Chicago. Filing fee $ 200.00, receipt number 0208-14958877. Motion and supporting papers to be reviewed by Clerk's Office staff.</FON. The document has been reviewed and there are no deficiencies. (jc)
April 16, 2018 Opinion or Order Filing 61 ORDER granting 59 Motion for Matthew R. McGuire to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 16, 2018 Opinion or Order Filing 60 ORDER granting 58 Motion for Laura K. Clinton to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 16, 2018 Filing 59 MOTION for Matthew R. McGuire to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14943523. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Commonwealth of Virginia. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(McGuire, Matthew)
April 16, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 58 MOTION for Laura K. Clinton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14940458. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 16, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 59 MOTION for Matthew R. McGuire to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14943523. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
April 13, 2018 Filing 58 MOTION for Laura K. Clinton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14940458. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Washington. (Attachments: # 1 Affidavit, # 2 Supplement Good Standing, # 3 Text of Proposed Order)(Clinton, Laura)
April 13, 2018 Filing 57 AFFIDAVIT OF SERVICE of Summons and Complaint,, served. All Defendants. Service was accepted by Lisa Ahearn, Civil Clerk. Document filed by State of New Mexico, City of Philadelphia, State of Maryland, State of Vermont, State Of Connecticut, City of Providence, State Of New York, State of Washington, State of Oregon, Commonwealth of Virginia, City and County of San Francisco, City of Seattle, State of Iowa, State of Delaware, State of Minnesota, State of North Carolina, State of Rhode Island, City Of New York, Commonwealth of Pennsylvania, Commonwealth of Massachusetts, District of Columbia, United States Conference of Mayors, City of Chicago, State of New Jersey, State of Illinois. (Lucas, Diane)
April 13, 2018 Opinion or Order Filing 56 ORDER granting 54 Motion for Valerie M. Nannery to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 13, 2018 Opinion or Order Filing 55 ORDER granting 53 Motion for Nathanael Blake to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 12, 2018 Filing 54 MOTION for Valerie M. Nannery to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14933920. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by District of Columbia. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Nannery, Valerie)
April 12, 2018 Filing 53 MOTION for Nathanael Blake to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14933768. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Iowa. (Attachments: # 1 Affidavit Nathanael Blake in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit Certification of Good Standing, # 3 Text of Proposed Order Admitting Nathaneal Blake Pro Hac Vice)(Blake, Nathanael)
April 12, 2018 Filing 52 NOTICE OF APPEARANCE by Ajay Paul Saini on behalf of State Of New York. (Saini, Ajay)
April 12, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 54 MOTION for Valerie M. Nannery to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14933920. Motion and supporting papers to be reviewed by Clerk's Office staff., 53 MOTION for Nathanael Blake to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14933768. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 11, 2018 Opinion or Order Filing 51 ORDER granting 49 Motion for JACOB DANIEL CAMPION to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 11, 2018 Filing 50 NOTICE OF APPEARANCE by Diane Omotayo Lucas on behalf of State Of New York. (Lucas, Diane)
April 11, 2018 Filing 49 MOTION for JACOB DANIEL CAMPION to Appear Pro Hac Vice for State of Minnesota. Filing fee $ 200.00, receipt number 0208-14930136. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Minnesota. (Attachments: # 1 Affidavit in support of Motion to Appear Pro Hac Vice, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order granting admission Pro Hac Vice)(Campion, Jacob)
April 11, 2018 Opinion or Order Filing 48 ORDER granting 46 Motion for Margaret Sobota to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 11, 2018 Opinion or Order Filing 47 ORDER granting 45 Motion for Adam D Roach to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 11, 2018 Filing 46 MOTION for Margaret Sobota to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14927607. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Chicago. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Sobota, Margaret)
April 11, 2018 Filing 45 SECOND MOTION for Adam D Roach to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Rhode Island. (Attachments: # 1 Affidavit Affidavit, # 2 Exhibit Cert of Good Standing, # 3 Text of Proposed Order Proposed Order)(Roach, Adam)
April 11, 2018 Filing 44 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Adam D. Roach to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14927211. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Rhode Island. (Attachments: # 1 Affidavit Affidavit, # 2 Exhibit Cert of Good Standing, # 3 Text of Proposed Order Proposed Order)(Roach, Adam) Modified on 4/11/2018 (jc).
April 11, 2018 Opinion or Order Filing 43 ORDER granting 42 Letter Motion to Adjourn Conference. The initial pretrial conference is adjourned to May 9, 2018, at 3:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 11, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 44 FIRST MOTION for Adam D. Roach to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14927211. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): motion was not signed - either ink signature or /s/ is needed. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc)
April 11, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 45 SECOND MOTION for Adam D Roach to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
April 11, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 49 MOTION for JACOB DANIEL CAMPION to Appear Pro Hac Vice for State of Minnesota. Filing fee $ 200.00, receipt number 0208-14930136. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
April 11, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 46 MOTION for Margaret Sobota to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14927607. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 10, 2018 Filing 42 CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Dominika Tarczynska dated April 10, 2018. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce.(Tarczynska, Dominika)
April 10, 2018 Opinion or Order Filing 41 ORDER granting 40 Motion for Mark Francis Kohler to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 10, 2018 Filing 40 MOTION for Mark Francis Kohler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14922851. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State Of Connecticut. (Attachments: # 1 Exhibit Cert of Good Standing, # 2 Affidavit Mark F. Kohler, # 3 Text of Proposed Order)(Kohler, Mark)
April 10, 2018 Opinion or Order Filing 39 ORDER granting 38 Motion for Rachel Wainer Apter to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 10, 2018 Filing 38 MOTION for Rachel Wainer Apter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14922157. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of New Jersey. (Attachments: # 1 Affidavit Affidavit in Support, # 2 Text of Proposed Order Proposed Order, # 3 Exhibit Certificates of Good Standing)(Apter, Rachel)
April 10, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 38 MOTION for Rachel Wainer Apter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14922157. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 10, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 40 MOTION for Mark Francis Kohler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14922851. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
April 9, 2018 Opinion or Order Filing 37 ORDER granting 34 Motion for Tania Maestas to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 9, 2018 Filing 36 NOTICE OF APPEARANCE by Ryan Young Park on behalf of State of North Carolina. (Park, Ryan)
April 9, 2018 Filing 35 NOTICE OF APPEARANCE by Gail Phyllis Rubin on behalf of City Of New York. (Rubin, Gail)
April 9, 2018 Filing 34 MOTION for Tania Maestas to Appear Pro Hac Vice for the State of New Mexico. Filing fee $ 200.00, receipt number 0208-14917033. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of New Mexico. (Attachments: # 1 Certificate of Good Standing for Tania Maestas, # 2 Aff. in Support of Mtn. to Admit for Tania Maestas, # 3 Order for Admission Pro Hac Vice for Tania Maestas)(Maestas, Tania)
April 9, 2018 Filing 33 NOTICE OF APPEARANCE by Tonya Jenerette on behalf of City Of New York. (Jenerette, Tonya)
April 9, 2018 Filing 32 NOTICE OF APPEARANCE by Laura Jane Wood on behalf of State Of New York. (Wood, Laura)
April 9, 2018 Filing 31 NOTICE OF APPEARANCE by Sabita Lakshmi Krishnan on behalf of City Of New York. (Krishnan, Sabita)
April 9, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 34 MOTION for Tania Maestas to Appear Pro Hac Vice for the State of New Mexico. Filing fee $ 200.00, receipt number 0208-14917033. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 6, 2018 Filing 30 ELECTRONIC SUMMONS ISSUED as to Wilbur L. Ross, Jr.. (jgo)
April 6, 2018 Filing 29 ELECTRONIC SUMMONS ISSUED as to United States Department of Commerce. (jgo)
April 6, 2018 Filing 28 ELECTRONIC SUMMONS ISSUED as to Ron S. Jarmin. (jgo)
April 6, 2018 Filing 27 ELECTRONIC SUMMONS ISSUED as to Bureau of the Census. (jgo)
April 6, 2018 Filing 26 NOTICE OF APPEARANCE by Ilona Kirshon on behalf of State of Delaware. (Kirshon, Ilona)
April 6, 2018 Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #26) - NOTICE OF APPEARANCE by Ilona Kirshon on behalf of Bureau of the Census. (Kirshon, Ilona) Modified on 4/9/2018 (ldi).
April 5, 2018 Filing 24 NOTICE OF APPEARANCE by Dennis J. Herrera on behalf of City and County of San Francisco. (Herrera, Dennis)
April 5, 2018 Filing 23 LETTER addressed to Judge Jesse M. Furman from Lourdes M. Rosado dated April 5, 2018 re: State of New York, et al. v. United States Department of Commerce, et al.. Document filed by City Of New York, City and County of San Francisco, City of Chicago, City of Philadelphia, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, District of Columbia, State Of Connecticut, State Of New York, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors.(Rosado, Lourdes)
April 5, 2018 Filing 22 REQUEST FOR ISSUANCE OF SUMMONS as to Ron S. Jarmin, re: 10 Complaint,,. Document filed by City Of New York, City and County of San Francisco, City of Chicago, City of Philadelphia, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, District of Columbia, State Of Connecticut, State Of New York, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Rosado, Lourdes)
April 5, 2018 Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to Bureau of the Census, re: 10 Complaint,,. Document filed by City Of New York, City and County of San Francisco, City of Chicago, City of Philadelphia, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, District of Columbia, State Of Connecticut, State Of New York, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Rosado, Lourdes)
April 5, 2018 Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to Wilbur L. Ross, Jr., re: 10 Complaint,,. Document filed by City Of New York, City and County of San Francisco, City of Chicago, City of Philadelphia, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, District of Columbia, State Of Connecticut, State Of New York, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Rosado, Lourdes)
April 5, 2018 Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Commerce, re: 10 Complaint,,. Document filed by City Of New York, City and County of San Francisco, City of Chicago, City of Philadelphia, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, District of Columbia, State Of Connecticut, State Of New York, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Rosado, Lourdes)
April 5, 2018 Opinion or Order Filing 18 NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on April 20, 2018 at 2:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, and as further set forth herein. (Initial Conference set for 4/20/2018 at 02:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 4/5/2018) (ras)
April 5, 2018 Filing 17 NOTICE OF APPEARANCE by Michael Wu-Kung Pfautz on behalf of City of Philadelphia. (Pfautz, Michael)
April 5, 2018 Opinion or Order Filing 16 ORDER granting 13 Motion for Dennis J. Herrera to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 5, 2018 Opinion or Order Filing 15 ORDER granting 12 Motion for Mollie Mindes Lee to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 5, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lourdes Maria Rosado to RE-FILE Document No. 3 Request for Issuance of Summons,,, 4 Request for Issuance of Summons,,, 6 Request for Issuance of Summons,,, 5 Request for Issuance of Summons. The filing is deficient for the following reason: the name of the defendant in the 'To' field must appear exactly as it does on the complaint, as well as on the docket entry text;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)
April 5, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 13 MOTION for Dennis J. Herrera to Appear Pro Hac Vice Motion for Admission Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-14901107. Motion and supporting papers to be reviewed by Clerk's Office staff.</FON, 12 MOTION for Mollie Mindes Lee to Appear Pro Hac Vice Motion for Admission Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-14901090. Motion and supporting papers to be reviewed by Clerk's Office staff.</FON. The document has been reviewed and there are no deficiencies. (wb)
April 4, 2018 Opinion or Order Filing 14 ORDER granting 8 Motion for Matthew Joseph Martin to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 4, 2018 Filing 13 MOTION for Dennis J. Herrera to Appear Pro Hac Vice Motion for Admission Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-14901107. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City and County of San Francisco. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Lee, Mollie)
April 4, 2018 Filing 12 MOTION for Mollie Mindes Lee to Appear Pro Hac Vice Motion for Admission Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-14901090. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City and County of San Francisco. (Attachments: # 1 Affidavit Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Order for Admission Pro Hac Vice)(Lee, Mollie)
April 4, 2018 Filing 11 NOTICE OF APPEARANCE by Benjamin Daniel Battles on behalf of State of Vermont. (Battles, Benjamin)
April 4, 2018 Filing 10 COMPLAINT against Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. Document filed by State of New Mexico, City of Philadelphia, State of Maryland, State of Vermont, State Of Connecticut, City of Providence, State Of New York, State of Washington, State of Oregon, Commonwealth of Virginia, City and County of San Francisco, City of Seattle, State of Iowa, State of Delaware, State of Minnesota, State of North Carolina, State of Rhode Island, City Of New York, Commonwealth of Pennsylvania, Commonwealth of Massachusetts, District of Columbia, United States Conference of Mayors, City of Chicago, State of New Jersey, State of Illinois.(Rosado, Lourdes)
April 4, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL.CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lourdes Maria Rosado. The following case opening statistical information was erroneously selected/entered: County code Albany; Fee Status code due (due). The following corrections have been made to your case entry: the County code has been modified to New York; the Fee Status code has been modified to pd (paid). (pne)
April 4, 2018 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lourdes Maria Rosado. The party information for the following parties has been modified: City Of New York, Ron S. Jarmin, Wilbur L. Ross, Jr., Bureau of the Census. The information for the parties has been modified for the following reasons: party name contained a typographical error; party name was entered in all caps; party text was omitted. (pne)
April 4, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (pne)
April 4, 2018 Case Designated ECF. (pne)
April 4, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Lourdes Maria Rosado to RE-FILE Document No. 1 Complaint,,,. The filing is deficient for the following reasons: party names were modified on CM ECF due to typographical errors; the names of the parties the filing is against are incorrect on the docket entry text. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne)
April 4, 2018 Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (pne)
April 3, 2018 Filing 9 NOTICE OF APPEARANCE by Matthew Colangelo on behalf of State Of New York. (Colangelo, Matthew)
April 3, 2018 Filing 8 MOTION for Matthew Joseph Martin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14894239. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Illinois. (Attachments: # 1 Affidavit Matthew J. Martin in Support of Motion for Pro Hac Vice, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Admitting Matthew J. Martin Pro Hac Vice)(Martin, Matthew)
April 3, 2018 Filing 7 NOTICE OF APPEARANCE by Lourdes Maria Rosado on behalf of State Of New York. (Rosado, Lourdes)
April 3, 2018 Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Ron Jarmin, in his official capacity as performing the non-exclusive functions and duties of the Director of the U.S. Census Bureau, re: 1 Complaint,,. Document filed by CITY OF NEW YORK, City and County of San Francisco, City of Chicago, City of Philadelphia, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, District of Columbia, State Of Connecticut, State Of New York, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Rosado, Lourdes) Modified on 4/5/2018 (pne).
April 3, 2018 Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to United States Bureau of the Census, re: 1 Complaint,,. Document filed by CITY OF NEW YORK, City and County of San Francisco, City of Chicago, City of Philadelphia, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, District of Columbia, State Of Connecticut, State Of New York, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Rosado, Lourdes) Modified on 4/5/2018 (pne).
April 3, 2018 Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Wilbur Ross, in his official capacity as Secretary of Commerce, re: 1 Complaint,,. Document filed by CITY OF NEW YORK, City and County of San Francisco, City of Chicago, City of Philadelphia, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, District of Columbia, State Of Connecticut, State Of New York, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Rosado, Lourdes) Modified on 4/5/2018 (pne).
April 3, 2018 Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Commerce, re: 1 Complaint,,. Document filed by CITY OF NEW YORK, City and County of San Francisco, City of Chicago, City of Philadelphia, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, District of Columbia, State Of Connecticut, State Of New York, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Rosado, Lourdes) Modified on 4/5/2018 (pne).
April 3, 2018 Filing 2 CIVIL COVER SHEET filed. (Rosado, Lourdes)
April 3, 2018 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Ron Jarmin, Wilbur Ross, U.S. Census Bureau, United States Department of Commerce. (Filing Fee $ 400.00, Receipt Number 0208-14890795)Document filed by State of New Mexico, City of Philadelphia, State of Maryland, State of Vermont, State Of Connecticut, City of Providence, State Of New York, State of Washington, State of Oregon, Commonwealth of Virginia, City and County of San Francisco, City of Seattle, State of Iowa, State of Delaware, State of Minnesota, State of North Carolina, State of Rhode Island, CITY OF NEW YORK, Commonwealth of Pennsylvania, Commonwealth of Massachusetts, District of Columbia, United States Conference of Mayors, City of Chicago, State of New Jersey, State of Illinois.(Rosado, Lourdes) Modified on 4/4/2018 (pne).
April 3, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 8 MOTION for Matthew Joseph Martin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14894239. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)

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Search for this case: State Of New York et al v. United States Department of Commerce et al
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Plaintiff: State Of New York
Represented By: Matthew Colangelo
Represented By: Elena Stacy Goldstein
Represented By: Diane Omotayo Lucas
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
Represented By: Laura Jane Wood
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Plaintiff: State Of Connecticut
Represented By: Mark Francis Kohler
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
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Plaintiff: State of Delaware
Represented By: Ilona Kirshon
Represented By: David J. Lyons
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
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Plaintiff: District of Columbia
Represented By: Valerie M. Nannery
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
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Plaintiff: State of Illinois
Represented By: Matthew J. Martin
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
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Plaintiff: State of Iowa
Represented By: Nathanael Blake
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
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Plaintiff: State of Maryland
Represented By: John Robert Grimm
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
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Plaintiff: Commonwealth of Massachusetts
Represented By: Miranda Mercedes Cover
Represented By: Ann E. Lynch
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
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Plaintiff: State of Minnesota
Represented By: Jacob Campion
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
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Plaintiff: State of New Jersey
Represented By: Rachel Wainer Apter
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
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Plaintiff: State of New Mexico
Represented By: Tania Maestas
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
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Plaintiff: State of North Carolina
Represented By: Ryan Young Park
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
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Plaintiff: State of Oregon
Represented By: Scott J Kaplan
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
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Plaintiff: Commonwealth of Pennsylvania
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
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Plaintiff: State of Rhode Island
Represented By: Adam Roach
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
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Plaintiff: Commonwealth of Virginia
Represented By: Matthew Robert McGuire
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
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Plaintiff: State of Vermont
Represented By: Benjamin Daniel Battles
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
Represented By: Julio A Thompson
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Plaintiff: State of Washington
Represented By: Laura Kristine Clinton
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
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Plaintiff: City of Chicago
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
Represented By: Margaret Sobota
Represented By: Christie Starzec
Represented By: Andrew Worseck
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Plaintiff: City Of New York
Represented By: Tonya Jenerette
Represented By: Sabita Lakshmi Krishnan
Represented By: Lourdes Maria Rosado
Represented By: Gail Phyllis Rubin
Represented By: Ajay Paul Saini
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Plaintiff: City of Philadelphia
Represented By: Eleanor Ewing
Represented By: Benjamin H. Field
Represented By: Michael Wu-Kung Pfautz
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
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Plaintiff: City of Providence
Represented By: Jeffrey Dana
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
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Plaintiff: City and County of San Francisco
Represented By: Dennis J. Herrera
Represented By: Mollie Mindes Lee
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
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Plaintiff: United States Conference of Mayors
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
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Plaintiff: City of Seattle
Represented By: Peter S. Holmes
Represented By: Lourdes Maria Rosado
Represented By: Ajay Paul Saini
Represented By: Gary T. Smith
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Plaintiff: City of Pittsburgh
Represented By: Ajay Paul Saini
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Plaintiff: County of Cameron
Represented By: Rolando L. Rios
Represented By: Ajay Paul Saini
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Plaintiff: State of Colorado
Represented By: Jacqueline Melmed
Represented By: Ajay Paul Saini
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Plaintiff: City of Central Falls
Represented By: Ajay Paul Saini
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Plaintiff: City of Columbus
Represented By: Ajay Paul Saini
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Plaintiff: County of El Paso
Represented By: Ajay Paul Saini
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Plaintiff: County of Monterey
Represented By: William Merrill Litt
Represented By: Ajay Paul Saini
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Plaintiff: County of Hidalgo
Represented By: Rolando L. Rios
Represented By: Ajay Paul Saini
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Defendant: United States Department of Commerce
Represented By: Stephen Ehrlich
Represented By: Carol Federighi
Represented By: Dominika Natalia Tarczynska
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Defendant: Bureau of the Census
Represented By: Stephen Ehrlich
Represented By: Carol Federighi
Represented By: Dominika Natalia Tarczynska
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Defendant: Wilbur L. Ross, Jr.
Represented By: Carol Federighi
Represented By: Dominika Natalia Tarczynska
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Defendant: Ron S. Jarmin
Represented By: Carol Federighi
Represented By: Dominika Natalia Tarczynska
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