The City of New York v. Sessions III et al
| CITY OF NEW YORK and The City of New York |
| Attorney General Jefferson B. Sessions, Department Of Justice, Jefferson B. Sessions, III and United States Department of Justice |
| Nydia M. Velazquez, Joseph Crowley, Congresswoman Carolyn Maloney, Brian Higgins, Jose Serrano, Yvette D. Clarke, Eliot L. Engel, Jerrold Nadler, Gregory W. Meeks, Nita Lowey, Kathleen M. Rice, Hakeem Jeffries, Adriano Espaillat, Paul D. Tonko, Grace Meng and Sean Patrick Maloney |
| 1:2018cv06474 |
| July 18, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Edgardo Ramos |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 19, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 53 DECLARATION of Tracey Trautman in Support re: #50 MOTION to Dismiss or alternatively, motion for partial summary judgment.. Document filed by Jefferson B. Sessions, III, United States Department of Justice. (Attachments: #1 Exhibit A, #2 Exhibit B)(Mauler, Daniel) |
| Filing 52 DECLARATION of Francisco Madrigal in Support re: #50 MOTION to Dismiss or alternatively, motion for partial summary judgment.. Document filed by Jefferson B. Sessions, III, United States Department of Justice. (Mauler, Daniel) |
| Filing 51 MEMORANDUM OF LAW in Support re: #50 MOTION to Dismiss or alternatively, motion for partial summary judgment. Memorandum in Opposition to Plaintiff's Motion for Partial Summary Judgment (ECF No. 21). Document filed by Jefferson B. Sessions, III, United States Department of Justice. (Attachments: #1 Supplement Defendants' Response to Plaintiff LR 56.1 Statement, #2 Supplement Defendants' LR 56.1 Statement of Undisputed Material Facts, #3 Text of Proposed Order)(Mauler, Daniel) |
| Filing 50 MOTION to Dismiss or alternatively, motion for partial summary judgment. Document filed by Jefferson B. Sessions, III, United States Department of Justice.(Mauler, Daniel) |
| Filing 49 MEMO ENDORSEMENT on re: (81 in 1:18-cv-06471-ER) Letter, filed by State of New Jersey, Commonwealth of Massachusetts, Commonwealth of Virginia, State of Rhode Island, State of New York, State Of Connecticut, State of Washington. ENDORSEMENT: The application is granted. ( Brief due by 9/24/2018.) (Signed by Judge Edgardo Ramos on 8/28/2018) (mro) |
Filing 48
ORDER granting #45 Letter Motion for Leave to File Document. Upon consideration of the motion of members of Congress for leave to file their proposed amici curiae brief in support of plaintiffs, it is hereby ORDERED that the motion is GRANTED. (Signed by Judge Edgardo Ramos on 8/28/2018) (mro)
|
| Filing 47 LETTER addressed to Judge Edgardo Ramos from Daniel Mauler dated August 28, 2018 re: Response to ECF No. 45. Document filed by Jefferson B. Sessions, III, United States Department of Justice.(Mauler, Daniel) |
| Filing 46 MEMO ENDORSEMENT on re: (78 in 1:18-cv-06471-ER) MOTION for Leave to File Amici Curiae Brief; (45 in 1:18-cv-06474-ER) MOTION for Leave to File Amici Curiae Brief. ENDORSEMENT: Defendants are directed to respond by August 30, 2018. (Set Deadlines/Hearing as to (78 in 1:18-cv-06471-ER) MOTION for Leave to File Amici Curiae Brief; (45 in 1:18-cv-06474-ER) MOTION for Leave to File Amici Curiae Brief: Responses due by 8/30/2018) (Signed by Judge Edgardo Ramos on 8/27/2018) (jwh) |
| Filing 45 MOTION for Leave to File Amici Curiae Brief of Members of Congress. Document filed by Jerrold Nadler, Yvette D. Clarke, Joseph Crowley, Eliot L. Engel, Adriano Espaillat, Brian Higgins, Hakeem Jeffries, Nita Lowey, Carolyn Maloney, Sean Patrick Maloney, Gregory W. Meeks, Grace Meng, Kathleen M. Rice, Jose Serrano, Paul D. Tonko, Nydia M. Velazquez. (Attachments: #1 Motion for Leave To File, #2 Exhibit Proposed Amici Curiae Brief, #3 Text of Proposed Order)(Gans, David) |
| Filing 44 AFFIDAVIT OF SERVICE of Summons and Amended Complaint, Complaint served. Service was accepted by Haojun Li. Document filed by The City of New York. (Fishbein, Matthew) |
| Filing 43 AFFIDAVIT OF SERVICE of Summons and Amended Complaint, Complaint served. Service was accepted by Haojun Li. Document filed by The City of New York. (Fishbein, Matthew) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #24 Proposed Order was reviewed and approved as to form. (km) |
| Filing 42 DECLARATION of Laura Negron in Support re: #21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: #1 Exhibit A - Sections 9-131, 14-154, #2 Exhibit B - Section 4-210, #3 Exhibit C - Ex. Order No. 124, #4 Exhibit D - Section 8, #5 Exhibit E - Section 23-1201-1205, #6 Exhibit F - Ex. Order No. 34)(Holt, Meryl) |
| Filing 41 DECLARATION of Marcos Soler in Support re: #21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: #1 Exhibit A - 2016 Compliance Validation, #2 Exhibit B - 10/11/17 Hanson Letter, #3 Exhibit C - 10/27/17 Carter Response, #4 Exhibit D - 1/24/18 Adler Letter, #5 Exhibit E - 2/23/18 Carter Response)(Holt, Meryl) |
| Filing 40 DECLARATION of Daniel J. Bennett in Support re: #21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Fishbein, Matthew) |
| Filing 39 DECLARATION of Adrian Diaz in Support re: #21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: #1 Exhibit A - Complaint)(Holt, Meryl) |
| Filing 38 DECLARATION of Mary Travis Bassett in Support re: #21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: #1 Exhibit : Bassett CV)(Fishbein, Matthew) |
| Filing 37 DECLARATION of Kim Y. Royster in Support re: #21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Fishbein, Matthew) |
| Filing 36 DECLARATION of Michael Charles Green in Support re: #21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: #1 Exhibit 1 - State NY 2017 Award Letter, #2 Exhibit 2 - NYS DCJS App.)(Holt, Meryl) |
| Filing 35 DECLARATION of Candice Cho in Support re: #21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: #1 Exhibit Order No. 34, #2 Exhibit Order No. 41, #3 Exhibit Section 10-178)(Fishbein, Matthew) |
| Filing 34 DECLARATION of Diane Klontz in Support re: #21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: #1 Exhibit Washington JAG App, #2 Exhibit Washington JAG Award)(Fishbein, Matthew) |
| Filing 32 DECLARATION of Mayor Lovely A. Warren in Support re: #21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: #1 Exhibit Rochester Resolution)(Fishbein, Matthew) |
| Filing 31 DECLARATION of Chia-Chia Wang in Support re: #21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Fishbein, Matthew) |
| Filing 30 DECLARATION of Jennifer E. Fradel in Support re: #21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: #1 Exhibit Middlesex)(Fishbein, Matthew) |
| Filing 29 DECLARATION of William G. Kelly, Jr. in Support re: #21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: #1 Exhibit Albany Executive Order, #2 Exhibit Hanson Letter, #3 Exhibit 12/7/17 Sheehan Response, #4 Exhibit Adler Letter, #5 Exhibit 5 (A-C) Sheehan Response, #6 Exhibit 5D- Sheehan Response, #7 Exhibit 5E- Sheehan Response)(Fishbein, Matthew) |
| Filing 28 DECLARATION of Richard Torrance in Support re: #21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: #1 Exhibit A- Theodore Article)(Fishbein, Matthew) |
| Filing 27 DECLARATION of Shannon Dion in Support re: #21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Fishbein, Matthew) |
| Filing 26 AFFIRMATION of Michael J. Hogan in Support re: #21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Fishbein, Matthew) |
| Filing 33 DECLARATION of Meryl Holt in Support re: #21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: #1 Exhibit 1 - SNY DOJ-BJA FY 17 Byrne JAG Award Approval Letter, #2 Exhibit 2 - SCT DOJ-BJA FY 17 Byrne JAG Award Approval Letter, #3 Exhibit 3 - SNJ DOJ-BJA FY 17 Byrne JAG Award Approval Letter, #4 Exhibit 4 - SRI DOJ-BJA FY 17 Byrne JAG Award Approval Letter, #5 Exhibit 5 - SWA DOJ-BJA FY 17 Byrne JAG Award Approval Letter, #6 Exhibit 6 - CMA DOJ-BJA FY 17 Byrne JAG Award Approval Letter, #7 Exhibit 7 - CVA DOJ-BJA FY 17 Byrne JAG Award Approval Letter, #8 Exhibit 8 - Index to DOJ-BJA Byrne JAG FY 2017 Admin. Record, #9 Exhibit 9 - AR-00001 to AR-00375 of DOJ-BJA Byrne JAG FY 2017 Admin. Record, #10 Exhibit 10 - AR-00376 to AR-00452 of DOJ-BJA Byrne JAG FY 2017 Admin. Record, #11 Exhibit 11 - AR-00453 to AR-00484 of DOJ-BJA Byrne JAG FY 2017 Admin. Record, #12 Exhibit 12 - AR-00485 to AR-00549 of DOJ-BJA Byrne JAG FY 2017 Admin. Record, #13 Exhibit 13 - AR-00550 to AR-00593 of DOJ-BJA Byrne JAG FY 2017 Admin. Record, #14 Exhibit 14 - AR-00594 to AR-00655 of DOJ-BJA Byrne JAG FY 2017 Admin. Record, #15 Exhibit 15 - AR-00656 to AR-00726 of DOJ-BJA Byrne JAG FY 2017 Admin. Record, #16 Exhibit 16 - AR-00727 to AR-00964 of DOJ-BJA Byrne JAG FY 2017 Admin. Record, #17 Exhibit 17 - AR-00965 to AR-01037 of DOJ-BJA Byrne JAG FY 2017 Admin. Record, #18 Exhibit 18 - Controlling Crime Through More Effective Law Enforcement, #19 Exhibit 19 - Senate Report No. 90-1097 (1968), #20 Exhibit 20 - Amendments to Title I (LEAA) of the Omnibus Crime Control and Safe Streets Act, #21 Exhibit 21 (Part 1 of 4) - LEAA, General Briefing (Feb. 1977), #22 Exhibit 21 (Part 2 of 4) - LEAA, General Briefing (Feb. 1977), #23 Exhibit 21 (Part 3 of 4) - LEAA, General Briefing (Feb. 1977), #24 Exhibit 21 (Part 4 of 4) - LEAA, General Briefing (Feb. 1977), #25 Exhibit 22 - DOJ, Restructuring the Justice Depart's Program of Assistance to State and Local Govts., #26 Exhibit 23 - Restructuring the Law Enforcement Assistance Admin., #27 Exhibit 24 - 42 Fed. Reg. 45625 (Sept. 1977) (Excerpt), #28 Exhibit 25 - Federal Assistance to State and Local Criminal Justice Agencies, #29 Exhibit 26 (Part 1 of 3) - Law Enforcement Assistance Admin.: Guideline Manual, #30 Exhibit 26 (Part 2 of 3) - Law Enforcement Assistance Admin.: Guideline Manual, #31 Exhibit 26 (Part 3 of 3) - Law Enforcement Assistance Admin.: Guideline Manual, #32 Exhibit 27 - Law Enforcement Assistance Reform, Hearings, #33 Exhibit 28 - Office of Representative Peter W. Rodino, Press Release, #34 Exhibit 29 - Justice System Improvement Act of 1979, #35 Exhibit 30 - John K. Hudzik et al., Federal Aid to Criminal Justice, #36 Exhibit 31 - Paul G. Dembling & Malcolm S. Mason, Essentials of Grant Law Practice, #37 Exhibit 32 - DOC, Justice, and State, the Judiciary, and Related Agencies Appropriations for 2004, #38 Exhibit 32.1 - 28 CFR 66.12 (2006), #39 Exhibit 33 - DOJ-BJA Byrne JAG FY 2017 Local Solicitation, #40 Exhibit 34 - FY 17 Byrne JAG Award Letter Recipients, attaching revised certifications files, #41 Exhibit 35 - City of Chicago v. Sessions, 17-2991 ECF No. 128, #42 Exhibit 36 - City of Chicago v. Sessions, 17-2991, ECF No. 134, #43 Exhibit 37 - City of Chicago, No. 1:17-cv-5770, ECF No. 208, #44 Exhibit 37.1 - City of Philadelphia v. Sessions, No. 17-cv-3894, ECF No. 121-2, #45 Exhibit 38 - City of Philadelphia v. Sessions, No. 17-cv-3894, ECF No. 200, #46 Exhibit 39 - City of Philadelphia v. Sessions, 17-cv-3894, ECF No. 228, #47 Exhibit 40 - California ex rel. Becerra v. Sessions, No. 17-cv-4701, ECF No. 88, #48 Exhibit 41 - City of San Francisco v. Sessions, No. 17-cv-4642, ECF No. 78, #49 Exhibit 42 - United States v. California, No. 18-cv-00490, ECF No. 2-1, #50 Exhibit 43 - United States v. California, 18-cv-490), ECF No. 193, #51 Exhibit 44 - City of Evanston, 18-cv-4853 (N.D. Ill. Aug. 9 2018), ECF No. 23)(Holt, Meryl) |
| Filing 25 DECLARATION of Michael Lawlor in Support re: #21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Fishbein, Matthew) |
| Filing 24 PROPOSED ORDER. Document filed by The City of New York. Related Document Number: #21 . (Fishbein, Matthew) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 23 RULE 56.1 STATEMENT. Document filed by The City of New York. (Fishbein, Matthew) |
| Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment. / Memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment. Document filed by The City of New York. (Fishbein, Matthew) |
| Filing 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment. Document filed by The City of New York.(Fishbein, Matthew) |
| Filing 20 STIPULATION: Plaintiff the City of New York ("Plaintiff'), and Defendants Jefferson B. Sessions III and United States Department of Justice ("Defendants"), do HEREBY STIPULATE AND AGREE as follows: 1. This stipulation shall remain in effect for a period of 60 days from the date hereof, i.e., until October 13, 2018. On October 13, 2018, and every 30 days thereafter, this stipulation shall automatically be extended for a 30-day period (the "extension term"), except in the case that Defendants give notice to Plaintiff 14 days in advance of the end of an extension term that Defendants do not agree to renew the stipulation for the next extension term, thus ending the stipulation at the end of the then-operational extension term; 2. For the duration of this stipulation, Defendants shall not disburse, expend, or revert to the Treasury the Fiscal Year ("FY") 2017 Edward Byrne Memorial Justice Assistance Grant ("Byrne JAG") funds allocated to Plaintiff; and 3. This stipulation applies only to the parties that are currently before the Court in this litigation. No party that is not currently named as a party to this litigation shall be entitled to any rights or benefits whatsoever under this stipulation. (Signed by Judge Edgardo Ramos on 8/16/2018) (jwh) |
| Filing 19 PROPOSED STIPULATION AND ORDER. Document filed by The City of New York. (Fishbein, Matthew) |
| Filing 18 MEMO ENDORSEMENT on re: (44 in 1:18-cv-06471-ER) Letter filed by State of New York. ENDORSEMENT: The application is granted. (Motions due by 9/14/2018. Responses due by 9/26/2018. Replies due by 10/8/2018.) (Signed by Judge Edgardo Ramos on 8/14/2018) (jwh) |
| Filing 17 AFFIDAVIT OF SERVICE of Summons and Complaint served. United States Department of Justice served on 7/31/2018, answer due 10/1/2018. Service was made by certified mail. Document filed by The City of New York. (Fishbein, Matthew) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint served. Jefferson B. Sessions, III served on 7/30/2018, answer due 9/28/2018. Service was made by certified mail. Document filed by The City of New York. (Fishbein, Matthew) |
| Filing 15 FIRST AMENDED COMPLAINT amending #1 Complaint against Jefferson B. Sessions, III, United States Department of Justice.Document filed by The City of New York. Related document: #1 Complaint.(Fishbein, Matthew) |
| Filing 14 NOTICE OF APPEARANCE by Daniel Mauler on behalf of Jefferson B. Sessions, III, United States Department of Justice. (Mauler, Daniel) |
| Filing 13 NOTICE OF APPEARANCE by Doris F. Bernhardt on behalf of The City of New York. (Bernhardt, Doris) |
|
Filing 12
ORDER granting [15 in 18-CV-6471] Letter Motion for Conference: A pre-motion conference will be held in this case and the related case, No. 18 Civ. 6474, on August 2, 2018, at 11:30 a.m. Defendants are directed to respond to Plaintiffs' letter by July 31, 2018. (Responses due by 7/31/2018. Pre-Motion Conference set for 8/2/2018 at 11:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 7/27/2018) (jwh)
|
| Filing 11 NOTICE OF APPEARANCE by Meryl Holt on behalf of The City of New York. (Holt, Meryl) |
| Filing 10 NOTICE OF APPEARANCE by Matthew E. Fishbein on behalf of The City of New York. (Fishbein, Matthew) |
| CASE ACCEPTED AS RELATED. Create association to 1:18-cv-06471-ER. Notice of Assignment to follow. (ma) |
| NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Unassigned is no longer assigned to the case. (ma) |
| 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. (ma) |
| Filing 9 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-06471. Document filed by The City of New York.(Jenerette, Tonya) |
| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY -STATEMENT OF RELATEDNESS re: that this action be filed as related to 18 cv 06474. Document filed by The City of New York.(Jenerette, Tonya) Modified on 7/19/2018 (pne). |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to United States Department of Justice. (sj) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Jefferson B. Sessions, III. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Tonya Jenerette. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Tonya Jenerette. The party information for the following party/parties has been modified: The City of New York; Jefferson B. Sessions III; United States Department of Justice. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party role was entered incorrectly. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Tonya Jenerette to RE-FILE Document No. #3 Statement of Relatedness. The filing is deficient for the following reason(s): the wrong event type was used to file the related case statement. Re-file the document using the event type Statement of Relatedness found under the event list Other Documents - select the correct filer - enter the related case number when prompted - and attach the correct PDF. (sj) |
| Case Designated ECF. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) |
| CASE REFERRED TO Judge Edgardo Ramos as possibly related to 1:18cv6471. (sj) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Justice, re: #1 Complaint. Document filed by CITY OF NEW YORK. (Jenerette, Tonya) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Jefferson B. Sessions, re: #1 Complaint. Document filed by CITY OF NEW YORK. (Jenerette, Tonya) |
| Filing 3 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RELATED CASE AFFIRMATION of Tonya Jenerette re: that this action be filed as related to 18-06471. Document filed by CITY OF NEW YORK.(Jenerette, Tonya) Modified on 7/19/2018 (sj). |
| Filing 2 CIVIL COVER SHEET filed. (Jenerette, Tonya) |
| Filing 1 COMPLAINT against Department Of Justice, Jefferson B. Sessions. (Filing Fee $ 400.00, Receipt Number 0208-15336838)Document filed by CITY OF NEW YORK.(Jenerette, Tonya) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
