The New York Immigration Coalition et al v. United States Department of Commerce et al Featured Case

A number of organizations that work in the immigration field challenge the decision by the Secretary of Commerce to add a question about citizenship to the 2020 Census questionnaire.

Plaintiff: New York Immigration Coalition, CASA de Maryland, American-Arab Anti-Discrimination Committee, ADC Research Institute and Make the Road-New York
Defendant: United States Department of Commerce, Wilbur L. Ross, Bureau of the Census and Ron S. Jarmin
Case Number: 1:2018cv05025
Filed: June 6, 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: Other Civil Rights
Cause of Action: 28:2201
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 23, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 7, 2019 Filing 187 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 1, 2019 Filing 186 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)
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 31, 2019 Filing 185 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 24, 2019 Opinion or Order Filing 184 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 23, 2019 Filing 183 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 182 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 181 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 181 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 180 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 179 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 178 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 9, 2019 Opinion or Order Filing 177 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 176 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 175 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 174 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 173 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)
June 4, 2019 Filing 172 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 3, 2019 Filing 171 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)
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 22, 2019 Filing 170 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 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 7, 2019 Opinion or Order Filing 169 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)
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 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 Filing 168 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 15, 2019 Opinion or Order Filing 167 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 166 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 8, 2019 Opinion or Order Filing 165 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)
November 2, 2018 Opinion or Order Filing 164 ORDER of USCA (Certified Copy) USCA Case Number 18-2857. 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 163 ORDER of USCA (Certified Copy) USCA Case Number 18-2659. 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 162 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)
October 29, 2018 Opinion or Order Filing 161 ORDER terminating 160 Motion to File Amicus Brief. Counsel is reminded that this case was closed per the Court's Order of September 14, 2018, consolidating the case with 18-CV-2921. Accordingly, all further filings should be made in 18-CV-2921 alone. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 29, 2018 Filing 160 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 23, 2018 Opinion or Order Filing 159 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 19, 2018 Filing 158 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 10, 2018 Opinion or Order Filing 156 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 157 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 3, 2018 Filing 155 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 2, 2018 Opinion or Order Filing 154 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 152 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 28, 2018 Opinion or Order Filing 153 ORDER of USCA (Certified Copy) USCA Case Number 18-2857. 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: 9/28/2018. (nd)
September 26, 2018 Filing 151 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 25, 2018 Opinion or Order Filing 150 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 19, 2018 Filing 149 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 17, 2018 Opinion or Order Filing 148 ORDER terminating 147 Letter Motion for Discovery. Counsel is reminded that this case was closed per the Court's Order of September 14, 2018, consolidating the case with 18-CV-2921. Accordingly, all further filings should be made in 18-CV-2921 alone. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 17, 2018 Filing 147 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 14, 2018 Opinion or Order Filing 146 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 CONSOLIDATED MEMBER CASE: Create association to 1:18-cv-02921-JMF. (ne)
September 14, 2018 Opinion or Order Filing 145 ORDER with respect to 139 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 144 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Carol Federighi dated 09/13/2018 re: 139 LETTER MOTION for Discovery requesting leave to depose Secretary of Commerce Wilbur L. Ross, Jr. addressed to Judge Jesse M. Furman from John A. Freedman dated September 10, 2018. . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, 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 143 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Kate Bailey dated 09/13/2018 re: 137 SEVENTH LETTER MOTION to Compel Defendants to respond and produce addressed to Judge Jesse M. Furman from Plaintiffs dated September 10, 2018. . Document filed by United States Department of Commerce. (Attachments: # 1 Exhibit)(Bailey, Kate)
September 13, 2018 Filing 142 STATUS REPORT. Plaintiffs' Status Report regarding discovery 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 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Freedman, John)
September 13, 2018 Opinion or Order Filing 141 ORDER with respect to 123 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 140 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Carol Federighi dated 09/11/2018 re: 123 SIXTH LETTER MOTION to Compel Department of Commerce to produce discovery addressed to Judge Jesse M. Furman from Daniel F. Jacobson dated 9/4/2018. . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, 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 139 LETTER MOTION for Discovery requesting leave to depose Secretary of Commerce Wilbur L. Ross, Jr. addressed to Judge Jesse M. Furman from John A. Freedman dated September 10, 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 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)(Freedman, John)
September 10, 2018 Opinion or Order Filing 138 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 10, 2018 Filing 137 SEVENTH LETTER MOTION to Compel Defendants to respond and produce addressed to Judge Jesse M. Furman from Plaintiffs dated September 10, 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 - Govt Resp. to NYIC Pls.' Rogs to Commerce, # 2 Exhibit B - Govt Suppl. Resp. to NYIC Pls.' 1st Set of Rogs to Commerce, # 3 Exhibit C - Sept. 7 Bailey email to Ho, # 4 Exhibit D - Comstock Dep. Excerpts, # 5 Exhibit E - Abowd 30b6 Dep. Excerpts, # 6 Exhibit F - NYIC Census RFP 7.12, # 7 Exhibit G - Freedman 8.29.18 Email, # 8 Exhibit H - Freedman 9.4.18 Email, # 9 Exhibit I - Sept. 7 email correspondence, # 10 Exhibit - J NYIC 1st set of RFP and Rogs 7.12)(Ho, Dale)
September 8, 2018 Opinion or Order Filing 136 ORDER granting 135 Letter Motion for Extension of Time to File Response/Reply as to 123 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 135 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 123 SIXTH LETTER MOTION to Compel Department of Commerce to produce discovery addressed to Judge Jesse M. Furman from Daniel F. Jacobson dated 9/4/2018. 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, United States Department of Commerce.(Federighi, Carol)
September 7, 2018 Opinion or Order Filing 134 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 Opinion or Order Filing 133 MEMORANDUM OPINION AND ORDER re: 98 MOTION for Leave to File Amended Complaint . filed by New York Immigration Coalition, American-Arab Anti-Discrimination Committee, Make the Road-New York, ADC Research Institute, CASA de Maryland.Accordingly, Plaintiffs' motion to file an amended complaint is DENIED. Notably, that result may not have much practical impact on Plaintiffs' claims or how the Court ultimately resolves them. First, Plaintiffs seek the same relief in their original Complaint and the Proposed Amended Complaint namely, (1) a declaratory judgment that the reinstatement of the citizenship question is unconstitutional and a violation of the APA and (2) an injunction against the inclusion of the question (compare Orig. Compl. at 67, with Proposed Am. Compl. at 104)) relief that can be granted only by the existing Defendants. Second, DOJ's conduct is ultimately within the scope of the Court's review of Secretary Ross's final decision, as the APA provides that "[a] preliminary, procedural, or intermediate agency action...is subject to review on the review of the final agency action." 5 U.S.C. § 704; see also Serotte, Reich & Wilson, LLP, 2009 WL 3055294, at *6. And third, in part because of ADC's involvement in the case, the Court can presumably consider the impact of Defendants' conduct on Florida and grant relief that would extend to Florida even in the absence of the proposed new Plaintiffs. But whether that is the case or not, there is no basis to add the DOJ Defendants as new defendants and the Family Action Network Movement and the Florida Immigration Coalition as new plaintiffs. The Clerk of Court is directed to terminate Docket No. 98. (Signed by Judge Jesse M. Furman on 9/7/2018) (tro)
September 7, 2018 Filing 132 LETTER RESPONSE in Support of Motion addressed to Judge Jesse M. Furman from Carol Federighi dated 09/07/2018 re: 116 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, United States Department of Commerce. (Federighi, Carol)
September 7, 2018 Opinion or Order Filing 131 ORDER re: 116 LETTER MOTION to Stay Discovery Pending Petition for Writ of Mandamus filed by Wilbur L. Ross, 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. 129 , 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 130 STATUS REPORT. (Joint Report of the Parties) Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition.(Freedman, John)
September 6, 2018 Filing 129 LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman from John A. Freedman dated September 6, 2018 re: 116 LETTER MOTION to Stay Discovery Pending Petition for Writ of Mandamus addressed to Judge Jesse M. Furman from Carol Federighi dated August 31, 2018. (Corrected Version). 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 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Freedman, John)
September 6, 2018 Filing 128 LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman from John A. Freedman dated September 6, 2018 re: 116 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 ADC Research Institute, American-Arab 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, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Freedman, John)
September 6, 2018 Opinion or Order Filing 127 ORDER denying 113 Letter Motion for Discovery re: 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 126 ORDER denying without prejudice 117 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. 125 ), 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 125 STATUS REPORT. by Plaintiffs Concerning Motion to Compel Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition.(Freedman, John)
September 5, 2018 Filing 124 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Martin M. Tomlinson dated 09/05/2018 re: 113 LETTER MOTION for Discovery re: Kris Kobach addressed to Judge Jesse M. Furman from NYIC Plaintiffs dated 8/30/2018. . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Attachments: # 1 Exhibit Excerpt from July 3, 2018 Hearing)(Tomlinson, Martin)
September 4, 2018 Filing 123 SIXTH LETTER MOTION to Compel Department of Commerce to produce discovery addressed to Judge Jesse M. Furman from Daniel F. Jacobson dated 9/4/2018. Document filed by New York Immigration Coalition. (Attachments: # 1 Exhibit)(Jacobson, Daniel)
September 4, 2018 Opinion or Order Filing 122 ORDER with respect to 116 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 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 121 MOTION for Nancy Gbana Abudu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15524989. 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 Florida;. 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 121 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Nancy Gbana Abudu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15524989. Motion and supporting papers to be reviewed by Clerk's Office staff. 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 Text of Proposed Order, # 2 Certificate of Good Standing, # 3 Affidavit)(Abudu, Nancy) Modified on 9/4/2018 (bcu).
September 4, 2018 Opinion or Order Filing 120 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 Opinion or Order Filing 119 ORDER granting in part and denying in part 101 Defendants' Letter Motion to Compel Plaintiffs to provide complete initial disclosures under Federal Rule of Civil Procedure 26(a)(1) -- specifically, the full names, addresses, and telephone numbers of the members on whom Plaintiffs rely to establish standing, so that Defendants can depose them. Plaintiffs are ordered to promptly disclose the membership status and current addresses of the individuals they identified in connection with their papers opposing Defendants' motion to dismiss for lack of standing. To the extent that Defendants go further and seek an order compelling the depositions of those individuals or any other members of the Plaintiff organizations, their request is denied without prejudice. First, such a request is premature, as Defendants have not yet even served subpoenas on any of individual members. Second, Defendants do not explain with specificity what information they seek from the individual members or how deposing individual members -- as opposed to the declarants from the Plaintiff organizations themselves -- would advance their standing arguments. See, e.g., Nat. Res. Def. Council, Inc. v. Mineta, No. 04-CV-5380 (VM) (RLE), 2005 WL 1075355, at *4-5 (S.D.N.Y. May 3, 2005) (denying motion to depose individual members of the plaintiff organizations where the individual members "present[ed] detailed information concerning [their] alleged injury-in-fact" and thus "any potential benefits that could develop from taking the members' depositions are outweighed by the unreasonable burden that would be placed on plaintiffs"); Perdue v. Individual Members of Indiana State Bd. of Law Examiners, No. 1:09-CV-842 (TWP) (MJD), 2010 WL 5418882, at *2 (S.D. Ind. Dec. 23, 2010) (denying motion to depose, in anticipation of summary judgment, individual members of the plaintiff organization where the defendant "apparently seeks to do little more than verify the substance of the [individual members'] affidavits"). (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 4, 2018 Filing 118 JOINT MOTION for Protective Order under Fed. R. Evid 502(D) Governing Inadvertent Production. 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 Text of Proposed Order)(Freedman, John)
August 31, 2018 Filing 117 FIFTH LETTER MOTION to Compel Defendants to Produce Interrogatory Responses and Complete Administrative Record addressed to Judge Jesse M. Furman from John A. Freedman dated August 31, 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 1-5, # 2 Exhibit 6-8, # 3 Exhibit 9-10)(Freedman, John)
August 31, 2018 Filing 116 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, United States Department of Commerce.(Federighi, Carol)
August 31, 2018 Filing 115 REPLY MEMORANDUM OF LAW in Support re: 98 MOTION for Leave to File Amended Complaint . . 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 - Deposition Excerpts, # 2 Exhibit B - Freedman email to Defs Counsel)(Rosborough, Davin)
August 31, 2018 Opinion or Order Filing 114 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 30, 2018 Filing 113 LETTER MOTION for Discovery re: Kris Kobach addressed to Judge Jesse M. Furman from NYIC Plaintiffs dated 8/30/2018. 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 - Hearing Transcript Excerpts, # 2 Exhibit B - Administrative Record Documents, # 3 Exhibit C - Teramoto Deposition Excerpts)(Rosborough, Davin)
August 29, 2018 Opinion or Order Filing 112 ORDER granting 111 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 within fourteen days of the Court's ruling on Plaintiffs' pending motion for leave to amend the complaint. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 29, 2018 Filing 111 CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 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, United States Department of Commerce.(Federighi, Carol)
August 29, 2018 Filing 110 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from John A. Freedman dated August 29, 2018 re: 101 FIRST LETTER MOTION to Compel addressed to Judge Jesse M. Furman. . 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 1-4)(Freedman, John)
August 28, 2018 Filing 109 DECLARATION of Kate Bailey in Opposition re: 98 MOTION for Leave to File Amended Complaint .. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Coyle, Garrett)
August 28, 2018 Filing 108 MEMORANDUM OF LAW in Opposition re: 98 MOTION for Leave to File Amended Complaint . . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Coyle, Garrett)
August 28, 2018 Filing 107 NOTICE OF APPEARANCE by Garrett Joseph Coyle on behalf of Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Coyle, Garrett)
August 26, 2018 Opinion or Order Filing 106 ORDER denying without prejudice 104 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 24, 2018 Filing 105 MEMORANDUM OF LAW in Support re: 104 MOTION to File Amicus Brief . . Document filed by Public Interest Legal Foundation, Inc.. (Paltzik, Edward)
August 24, 2018 Filing 104 MOTION to File Amicus Brief . Document filed by 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)
August 24, 2018 Filing 103 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Public Interest Legal Foundation, Inc..(Paltzik, Edward)
August 24, 2018 Filing 102 NOTICE OF APPEARANCE by Edward Andrew Paltzik on behalf of Public Interest Legal Foundation, Inc.. (Paltzik, Edward)
August 24, 2018 Filing 101 FIRST LETTER MOTION to Compel addressed to Judge Jesse M. Furman. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce.(Ehrlich, Stephen)
August 22, 2018 Opinion or Order Filing 100 ORDER with respect to 98 Motion for Leave to File an Amended Complaint. Defendants shall file any opposition to Plaintiffs' motion by August 28, 2018, at 5 p.m., and Plaintiffs shall file any reply by August 31, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 22, 2018 Filing 99 MEMORANDUM OF LAW in Support re: 98 MOTION for Leave to File Amended Complaint . . 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 Proposed Amended Complaint)(Rosborough, Davin)
August 22, 2018 Filing 98 MOTION for Leave to File Amended Complaint . Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition.(Rosborough, Davin)
August 17, 2018 Opinion or Order Filing 97 ORDER granting 94 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 96 ORDER granting 93 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 95 ORDER granting 92 Motion for John Libby 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. 94 MOTION for Rory E. Adams to Appear Pro Hac Vice (fee waived per Dkt 224 in 18cv2921). Motion and supporting papers to be reviewed by Clerk's Office staff., 93 MOTION for Emil Petrossian to Appear Pro Hac Vice (fee waived per Dkt 224 in 18cv2921). 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 94 MOTION for Rory E. Adams to Appear Pro Hac Vice (fee waived per Dkt 224 in 18cv2921). 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 93 MOTION for Emil Petrossian to Appear Pro Hac Vice (fee waived per Dkt 224 in 18cv2921). 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 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 92 MOTION for John Libby to Appear Pro Hac Vice (fee waived per Dkt 224 in 18cv2921). 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 Filing 92 MOTION for John Libby to Appear Pro Hac Vice (fee waived per Dkt 224 in 18cv2921). 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 91 ORDER granting 81 Letter Motion to Compel; denying 82 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 15, 2018 Filing 90 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Kate Bailey dated 08/15/2018 re: 81 LETTER MOTION to Compel John M. Gore to Appear for Deposition Testimony addressed to Judge Jesse M. Furman from John A. Freedman dated August 10, 2018. . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Bailey, Kate)
August 15, 2018 Filing 89 DECLARATION of Michael Cannon in Opposition re: 82 FOURTH LETTER MOTION to Compel Discovery addressed to Judge Jesse M. Furman from John A. Freedman dated August 13, 2018.. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, 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 88 DECLARATION of James Uthmeier in Opposition re: 82 FOURTH LETTER MOTION to Compel Discovery addressed to Judge Jesse M. Furman from John A. Freedman dated August 13, 2018.. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Attachments: # 1 Exhibit 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 87 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Kate Bailey dated 08/15/2018 re: 82 FOURTH LETTER MOTION to Compel Discovery addressed to Judge Jesse M. Furman from John A. Freedman dated August 13, 2018. . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Bailey, Kate)
August 15, 2018 Opinion or Order Filing 86 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 15, 2018 Opinion or Order Filing 85 ORDER granting 84 Motion for David P. Gersch to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 15, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 84 MOTION for David P. Gersch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15452313. 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 84 MOTION for David P. Gersch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15452313. Motion and supporting papers to be reviewed by Clerk's Office staff. 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 Text of Proposed Order, # 2 Affidavit, # 3 DC Cert of Good Standing)(Gersch, David)
August 14, 2018 Opinion or Order Filing 83 ORDER terminating 73 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 13, 2018 Filing 82 FOURTH LETTER MOTION to Compel Discovery addressed to Judge Jesse M. Furman from John A. Freedman dated August 13, 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 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Freedman, John)
August 10, 2018 Filing 81 LETTER MOTION to Compel John M. Gore to Appear for Deposition Testimony addressed to Judge Jesse M. Furman from John A. Freedman dated August 10, 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 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Freedman, John)
August 10, 2018 Filing 80 NOTICE OF APPEARANCE by Andrew Claude Case on behalf of City Of San Jose, Black Alliance for Just Immigration. (Case, Andrew)
August 9, 2018 Filing 79 NOTICE of of Filing Corrected Declaration. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Attachments: # 1 Affidavit Corrected Declaration)(Tomlinson, Martin)
August 7, 2018 Filing 78 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Martin M. Tomlinson dated 08/07/2018 re: 73 LETTER MOTION to Compel Defendants to Produce Documents Improperly Withheld addressed to Judge Jesse M. Furman from John A. Freedman dated August 2, 2018. . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Attachments: # 1 Affidavit)(Tomlinson, Martin)
August 7, 2018 Filing 77 NOTICE OF APPEARANCE by Martin M Tomlinson on behalf of Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Tomlinson, Martin)
August 4, 2018 Opinion or Order Filing 76 ORDER: On August 3, 2018, Plaintiffs filed a letter in 18-CV-2921 (Docket No. 221) regarding proposed coordination procedures with this case and others challenging Defendants' decision to add a citizenship question to the 2020 decennial census. 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 18-CV-2921 (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 75 ORDER with respect to 73 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 74 NOTICE of of Supplemental Production of Inadvertently Omitted Materials. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Bailey, Kate)
August 2, 2018 Filing 73 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 John A. Freedman dated August 2, 2018. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Council on American-Islamic Relations, New York, Inc., Make the Road-New York, New York Immigration Coalition. (Attachments: # 1 Exhibit 1 through 7)(Freedman, John) Modified on 8/14/2018 (ldi).
July 27, 2018 Filing 72 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, United States Department of Commerce. (Ehrlich, Stephen)
July 26, 2018 Filing 71 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, United States Department of Commerce. (Ehrlich, Stephen)
July 26, 2018 Opinion or Order Filing 70 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 24, 2018 Opinion or Order Filing 69 ORDER granting 68 Motion for Daniel F. Jacobson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 24, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 68 MOTION for Daniel F. Jacobson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15360366. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
July 24, 2018 Filing 68 MOTION for Daniel F. Jacobson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15360366. Motion and supporting papers to be reviewed by Clerk's Office staff. 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 Text of Proposed Order, # 2 Affidavit, # 3 NY Bar Certificate of Good Standing, # 4 DC Certificate of Good Standing)(Jacobson, Daniel)
July 23, 2018 Filing 67 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, United States Department of Commerce. (Ehrlich, Stephen)
July 23, 2018 Opinion or Order Filing 66 ORDER granting Defendants' Letter Motion in 18-CV-2921 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 18-CV-2921 Docket No. 199, at 2). SO ORDERED. (Signed by Judge Jesse M. Furman on 7/23/2018) (Text Only Order) (Furman, Jesse)
July 23, 2018 Filing 65 NOTICE OF APPEARANCE by Kate Bailey on behalf of Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Bailey, Kate)
July 19, 2018 Opinion or Order Filing 64 ORDER granting 63 Motion for Ceridwen B. Cherry to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 19, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 63 MOTION for Ceridwen B. Cherry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15344483. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
July 19, 2018 Filing 63 MOTION for Ceridwen B. Cherry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15344483. Motion and supporting papers to be reviewed by Clerk's Office staff. 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 Text of Proposed Order, # 2 Exhibit MA Bar Certificate of Good Standing, # 3 Exhibit DC Bar Certificate of Good Standing, # 4 Declaration in Support of Motion)(Cherry, Ceridwen)
July 19, 2018 Opinion or Order Filing 62 ORDER granting 60 Motion for Lorraine K. Bannai to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 19, 2018 Opinion or Order Filing 61 ORDER granting 59 Motion for Robert Seungchul Chang to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 18, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 60 MOTION for Lorraine K. Bannai to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15338175. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
July 18, 2018 Filing 60 MOTION for Lorraine K. Bannai to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15338175. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fred T. Korematsu Center for Law and Equality, Norman Y. Mineta, The Sakamoto Sisters. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Bannai, Lorraine)
July 18, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 59 MOTION for Robert Seungchul Chang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15337697. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 18, 2018 Filing 59 MOTION for Robert Seungchul Chang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15337697. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fred T. Korematsu Center for Law and Equality, Norman Y. Mineta, The Sakamoto Sisters. (Attachments: # 1 Affidavit, # 2 Exhibit Cert of Good Standing, # 3 Text of Proposed Order)(Chang, Robert)
July 13, 2018 Filing 58 REPLY MEMORANDUM OF LAW in Support re: 38 MOTION to Dismiss . . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Federighi, Carol)
July 11, 2018 Opinion or Order Filing 57 ORDER granting 52 Letter Motion to File Amicus Brief. Additionally, in connection with 56 , the Court will consider the amicus brief previously filed by the Leadership Conference on Civil and Human Rights et al. in connection with this case as well. There is no need to refile. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 11, 2018 Filing 56 LETTER addressed to Judge Jesse M. Furman from Alan E. Schoenfeld dated July 11, 2018 re: Amicus Brief filed in State of New York v. United States Department of Commerce, No. 18 Civ. 2921. Document filed by The Leadership Conference on Civil and Human Rights.(Schoenfeld, Alan)
July 11, 2018 Filing 55 NOTICE OF APPEARANCE by Alan Schoenfeld on behalf of The Leadership Conference on Civil and Human Rights. (Schoenfeld, Alan)
July 11, 2018 Filing 54 NOTICE OF APPEARANCE by Albert Fox Cahn on behalf of Council on American-Islamic Relations, New York, Inc.. (Cahn, Albert)
July 10, 2018 Filing 53 MEMORANDUM OF LAW in Support re: 52 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)
July 10, 2018 Filing 52 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)
July 10, 2018 Filing 51 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fred T. Korematsu Center for Law and Equality.(Pees, Robert)
July 10, 2018 Filing 50 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Council on American-Islamic Relations, New York, Inc..(Pees, Robert)
July 9, 2018 Filing 49 MEMORANDUM OF LAW in Opposition re: 38 MOTION to Dismiss . . 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 Ayoub Declaration, # 2 Escobar Declaration, # 3 Valdes Declaration, # 4 Plum Declaration)(Freedman, John)
July 5, 2018 Opinion or Order Filing 48 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 47 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)
July 2, 2018 Opinion or Order Filing 46 ORDER granting 45 Motion for Sarah E. Brannon to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 2, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 45 MOTION for Sarah E. Brannon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15274285. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 2, 2018 Filing 45 MOTION for Sarah E. Brannon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15274285. Motion and supporting papers to be reviewed by Clerk's Office staff. 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 Text of Proposed Order, # 2 Exhibit Maryland Certificate of Good Standing, # 3 Declaration in Support of Motion)(Brannon, Sarah)
July 2, 2018 Opinion or Order Filing 44 ORDER granting 42 Motion for Jay Z. Leff to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 2, 2018 Opinion or Order Filing 43 ORDER granting 41 Motion for Chase R. Raines to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 2, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 41 MOTION for Chase R. Raines to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15272330. Motion and supporting papers to be reviewed by Clerk's Office staff., 42 MOTION for Jay Z. Leff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15272555. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 2, 2018 Filing 42 MOTION for Jay Z. Leff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15272555. Motion and supporting papers to be reviewed by Clerk's Office staff. 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 Text of Proposed Order, # 2 DC Bar Certificate of Good Standing, # 3 Affidavit)(Leff, Jay)
July 2, 2018 Filing 41 MOTION for Chase R. Raines to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15272330. Motion and supporting papers to be reviewed by Clerk's Office staff. 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 Text of Proposed Order, # 2 DC Bar Certificate of Good Standing, # 3 VA Bar Certificate of Good Standing, # 4 Declaration In Support of Motion)(Raines, Chase)
June 30, 2018 Opinion or Order Filing 40 ORDER granting 36 Motion for Caroline Kelly to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 29, 2018 Filing 39 MEMORANDUM OF LAW in Support re: 38 MOTION to Dismiss . . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Ehrlich, Stephen)
June 29, 2018 Filing 38 MOTION to Dismiss . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce.(Ehrlich, Stephen)
June 29, 2018 Filing 37 LETTER addressed to Judge Jesse M. Furman from John A. Freedman dated June 29, 2018 re: Motion to Dismiss Briefing. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition.(Freedman, John)
June 29, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 36 MOTION for Caroline Kelly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15268358. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
June 29, 2018 Filing 36 MOTION for Caroline Kelly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15268358. Motion and supporting papers to be reviewed by Clerk's Office staff. 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 Text of Proposed Order, # 2 DC Bar Certificate of Good Standing, # 3 Affidavit)(Kelly, Caroline)
June 29, 2018 Opinion or Order Filing 35 ORDER granting 34 Motion for Dylan Scot Young to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 29, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 34 MOTION for Dylan Scot Young to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15266513. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
June 29, 2018 Filing 34 MOTION for Dylan Scot Young to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15266513. Motion and supporting papers to be reviewed by Clerk's Office staff. 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 Text of Proposed Order, # 2 DC Bar Certificate of Good Standing, # 3 Declaration in Support of Motion)(Yong, Dylan)
June 28, 2018 Magistrate Judge Robert W. Lehrburger is so redesignated. (ma)
June 27, 2018 Opinion or Order Filing 33 ORDER granting 32 Letter Motion for Leave to File Excess Pages. Defendants should NOT be re-briefing "the same complex issues of constitutional and statutory interpretation" that have already been briefed in 18-CV-2921, as the Court's rulings in that case will be applied to this case - unless there is a material distinction between the two cases. At most, Defendants should incorporate their arguments from 18-CV-2921 by reference - and limit their briefing in 18-CV-5025 to issues and arguments that are unique to 18-CV-5025. In light of that, the parties are granted up to 30 pages for their principal briefs, and Defendants are granted up to 15 pages for their reply. (If Plaintiffs in 18-CV-5025 have anything to add in opposition to arguments that Defendants made in 18-CV-2921, they should advise the Court by letter no later than June 29, 2018, and be prepared to file a supplemental brief in short order. Otherwise, the Court will presume that Plaintiffs in 18-CV-5025 are content to rely on the arguments already made by Plaintiffs in 18-CV-2921.) (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 27, 2018 Filing 32 CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Jesse M. Furman from Defendants dated June 27, 2018. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce.(Ehrlich, Stephen)
June 27, 2018 Opinion or Order Filing 31 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 26, 2018 Filing 30 LETTER addressed to Judge Jesse M. Furman from John A. Freedman dated June 26, 2018 re: Discovery Beyond the Administrative Record. 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 1, # 2 Exhibit 2)(Freedman, John)
June 22, 2018 Opinion or Order Filing 29 ORDER granting 28 Motion for David Kautsky Hausman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 22, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 28 MOTION for David Kautsky Hausman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15232617. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
June 21, 2018 Filing 28 MOTION for David Kautsky Hausman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15232617. Motion and supporting papers to be reviewed by Clerk's Office staff. 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 Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Hausman, David)
June 20, 2018 Filing 27 AFFIDAVIT OF SERVICE. Service was accepted by Catherine Gantt, Administrative Specialist. Document filed by American-Arab Anti-Discrimination Committee, CASA de Maryland, ADC Research Institute, New York Immigration Coalition, Make the Road-New York. (Freedman, John)
June 20, 2018 Filing 26 AFFIDAVIT OF SERVICE. Service was accepted by Catherine Gantt, Administrative Specialist. Document filed by American-Arab Anti-Discrimination Committee, CASA de Maryland, ADC Research Institute, New York Immigration Coalition, Make the Road-New York. (Freedman, John)
June 19, 2018 Filing 25 AFFIDAVIT OF SERVICE. Wilbur L. Ross served on 6/11/2018, answer due 7/2/2018. Service was accepted by Catherine Grant, Administrative Specialist. Document filed by American-Arab Anti-Discrimination Committee; CASA de Maryland; ADC Research Institute; New York Immigration Coalition; Make the Road-New York. (Freedman, John)
June 19, 2018 Filing 24 AFFIDAVIT OF SERVICE. United States Department of Commerce served on 6/11/2018, answer due 7/2/2018. Service was accepted by Catherine Grant, Administrative Specialist. Document filed by American-Arab Anti-Discrimination Committee; CASA de Maryland; ADC Research Institute; New York Immigration Coalition; Make the Road-New York. (Freedman, John)
June 13, 2018 Filing 23 AFFIDAVIT OF SERVICE of Summons and Complaint,. Bureau of the Census served on 6/8/2018, answer due 6/29/2018; Ron S. Jarmin served on 6/8/2018, answer due 6/29/2018; Wilbur L. Ross served on 6/8/2018, answer due 6/29/2018; United States Department of Commerce served on 6/8/2018, answer due 6/29/2018. Service was accepted by Haojun Lee, Civil Clerk. Document filed by American-Arab Anti-Discrimination Committee; CASA de Maryland; ADC Research Institute; New York Immigration Coalition; Make the Road-New York. (Freedman, John)
June 13, 2018 Opinion or Order Filing 22 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, in 18-CV-2921 (JMF), 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 21 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 Filing 20 JOINT LETTER addressed to Judge Jesse M. Furman from John A. Freedman dated June 12, 2018 re: Consolidation and Schedule. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition.(Freedman, John)
June 8, 2018 Filing 19 NOTICE OF APPEARANCE by Perry Grossman on behalf of ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition. (Grossman, Perry)
June 8, 2018 Filing 18 ELECTRONIC SUMMONS ISSUED as to Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (dnh)
June 8, 2018 Opinion or Order Filing 17 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 16 NOTICE OF APPEARANCE by Christopher T Dunn on behalf of ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition. (Dunn, Christopher)
June 8, 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. (bcu)
June 8, 2018 NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (bcu)
June 8, 2018 CASE ACCEPTED AS RELATED. Create association to 1:18-cv-02921-JMF. Notice of Assignment to follow. (bcu)
June 7, 2018 Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Commerce, Wilbur Ross, United States Bureau of the Census, Ron S. Jarmin, re: 1 Complaint,. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition. (Freedman, John)
June 7, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Arak Freedman to RE-FILE Document No. 4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): pdf case caption does not list all of the parties; request for summons is issued only for parties to the case;. 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. (jgo)
June 7, 2018 Filing 14 CIVIL COVER SHEET filed. (Attachments: # 1 Appendix)(Freedman, John)
June 7, 2018 CASE REFERRED TO Judge Jesse M. Furman as possibly related to 18-cv-2921. (jgo)
June 7, 2018 Case Designated ECF. (jgo)
June 7, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo)
June 7, 2018 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Arak Freedman. The party information for the following party/parties has been modified: New York Immigration Coalition; CASA de Maryland; American-Arab Anti-Discrimination Committee; ADC Research Institute; Make the Road-New York; United States Department of Commerce; Wilbur L. Ross; Bureau of the Census; Ron S. Jarmin. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly;. (jgo)
June 7, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney John Arak Freedman to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): party names must be on pdf case caption. If all parties do not fit, you may add leading party name followed by 'et al';. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located athttp://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
June 6, 2018 Filing 13 NOTICE OF CHANGE OF ADDRESS by Davin Mckay Rosborough on behalf of ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, The New York Immigration Coalition. New Address: American Civil Liberties Union Foundation, Inc., 915 15th Street NW., Washington, DC, United States 20005-2313, (202) 675-2334. (Rosborough, Davin)
June 6, 2018 Filing 12 NOTICE OF CHANGE OF ADDRESS by Dale E. Ho on behalf of ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, The New York Immigration Coalition. New Address: American Civil Liberties Union Foundation, Inc., 125 Broad Street, 18th Floor, New York, NY, USA 10004, (212) 549-2693. (Ho, Dale)
June 6, 2018 Filing 11 NOTICE OF APPEARANCE by Dale E. Ho on behalf of ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, The New York Immigration Coalition. (Ho, Dale)
June 6, 2018 Filing 10 NOTICE OF APPEARANCE by Davin Mckay Rosborough on behalf of ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, The New York Immigration Coalition. (Rosborough, Davin)
June 6, 2018 Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Make the Road-New York.(Freedman, John)
June 6, 2018 Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ADC Research Institute.(Freedman, John)
June 6, 2018 Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American-Arab Anti-Discrimination Committee.(Freedman, John)
June 6, 2018 Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CASA de Maryland.(Freedman, John)
June 6, 2018 Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Immigration Coalition.(Freedman, John)
June 6, 2018 Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Commerce, Wilbur Ross, United States Bureau of the Census, Ron S. Jarmin, re: 1 Complaint,. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, The New York Immigration Coalition. (Freedman, John) Modified on 6/7/2018 (jgo).
June 6, 2018 Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18 Civ. 2921 (JMF). Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, The New York Immigration Coalition.(Freedman, John)
June 6, 2018 Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Attachments: # 1 Appendix A)(Freedman, John) Modified on 6/7/2018 (jgo). Modified on 6/7/2018 (jgo).
June 6, 2018 Filing 1 COMPLAINT against Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Filing Fee $ 400.00, Receipt Number 0208-15161122)Document filed by American-Arab Anti-Discrimination Committee, CASA de Maryland, ADC Research Institute, The New York Immigration Coalition, Make the Road-New York.(Freedman, John)

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Search for this case: The New York Immigration Coalition et al v. United States Department of Commerce et al
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Plaintiff: New York Immigration Coalition
Represented By: Sarah E. Brannon
Represented By: Christopher T Dunn
Represented By: John Arak Freedman
Represented By: Perry Grossman
Represented By: David Kautsky Hausman
Represented By: Dale E. Ho
Represented By: Caroline Kelly
Represented By: Jay Z Leff
Represented By: Chase Raines
Represented By: Davin Mckay Rosborough
Represented By: Dylan Scot Yong
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Plaintiff: CASA de Maryland
Represented By: Sarah E. Brannon
Represented By: Christopher T Dunn
Represented By: John Arak Freedman
Represented By: Perry Grossman
Represented By: David Kautsky Hausman
Represented By: Dale E. Ho
Represented By: Caroline Kelly
Represented By: Jay Z Leff
Represented By: Chase Raines
Represented By: Davin Mckay Rosborough
Represented By: Dylan Scot Yong
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Plaintiff: American-Arab Anti-Discrimination Committee
Represented By: Sarah E. Brannon
Represented By: Christopher T Dunn
Represented By: John Arak Freedman
Represented By: Perry Grossman
Represented By: David Kautsky Hausman
Represented By: Dale E. Ho
Represented By: Caroline Kelly
Represented By: Jay Z Leff
Represented By: Chase Raines
Represented By: Davin Mckay Rosborough
Represented By: Dylan Scot Yong
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Plaintiff: ADC Research Institute
Represented By: Sarah E. Brannon
Represented By: Christopher T Dunn
Represented By: John Arak Freedman
Represented By: Perry Grossman
Represented By: David Kautsky Hausman
Represented By: Dale E. Ho
Represented By: Caroline Kelly
Represented By: Jay Z Leff
Represented By: Chase Raines
Represented By: Davin Mckay Rosborough
Represented By: Dylan Scot Yong
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Plaintiff: Make the Road-New York
Represented By: Sarah E. Brannon
Represented By: Christopher T Dunn
Represented By: John Arak Freedman
Represented By: Perry Grossman
Represented By: David Kautsky Hausman
Represented By: Dale E. Ho
Represented By: Caroline Kelly
Represented By: Jay Z Leff
Represented By: Chase Raines
Represented By: Davin Mckay Rosborough
Represented By: Dylan Scot Yong
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Defendant: United States Department of Commerce
Represented By: Stephen Ehrlich
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Defendant: Wilbur L. Ross
Represented By: Stephen Ehrlich
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Defendant: Bureau of the Census
Represented By: Stephen Ehrlich
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Defendant: Ron S. Jarmin
Represented By: Stephen Ehrlich
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