Trump v. Vance, Jr. et al
| Donald J. Trump |
| Cyrus R. Vance, Jr. and Mazars USA, LLP |
| UNITED STATES OF AMERICA |
| 1:2019cv08694 |
| September 19, 2019 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Constitutional - State Statute |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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Filing 42
ENDORSED LETTER addressed to Judge Victor Marrero from William S. Consovoy, Carey R. Dunne, Jerry D. Bernstein dated 11/8/2019 re: response to Court's order from 11/5/2019. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the parties. SO ORDERED. (Signed by Judge Victor Marrero on 11/8/2019) (rro)
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Filing 41
ORDER re: #40 USCA Order: In accordance with the November 4, 2019 decision of the United States Court of Appeals for the Second Circuit in this matter, see Trump v. Vance., No. 19-3204, slip op. at 34 n.19 (2d "Cir. Nov. 4, 2019), the parties are hereby ordered to inform the Court by November 8, 2019 whether further proceedings, before this Court will be necessary in light of the Second Circuit's disposition. The Court will retain jurisdiction over the case for the purposes of enforcement in the event that following entry of a final judgment, any party to which such judgment is directed refuses to comply. (Signed by Judge Victor Marrero on 11/5/2019) (jwh)
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| Filing 40 USCA OPINION (Certified) as to #37 Corrected Notice of Appeal filed by Donald J. Trump USCA Case Number 19-3204. President Donald J. Trump filed suit in the United States District Court for the Southern District of New York seeking declaratory and injunctive relief to restrain the District Attorney of New York County from enforcing a grand jury subpoena served on Mazars USA LLP, a third-party custodian of the President's financial records. The district court (Marrero, J.) abstained from exercising jurisdiction and dismissed the Presidents complaint pursuant to Younger v. Harris, 401 U.S. 37 (1971), but also ruled in the alternative that the President is not entitled to injunctive relief. On appeal, the President argues that abstention is not the course that should be taken here, and he asserts a temporary absolute presidential immunity that would forbid the grand jury from seeking his financial records in service of an investigation into conduct that predated his presidency. We agree that Younger abstention does not apply to the circumstances of this case. We hold, however, that any presidential immunity from state criminal process does not extend to investigative steps like the grand jury subpoena at issue here. We accordingly AFFIRM the district court's decision on the immunity question, which we construe as an order denying a preliminary injunction, VACATE the judgment of the district court dismissing the complaint on the ground of Younger abstention, and REMAND for further proceedings consistent with this opinion.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/04/2019. (nd) Modified on 11/4/2019 (nd). |
| Transmission of USCA Opinion to the District Judge re: #40 USCA Opinion. (nd) |
| Filing 39 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 9/25/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 38 TRANSCRIPT of Proceedings re: HEARING held on 9/25/2019 before Judge Victor Marrero. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2019. Redacted Transcript Deadline set for 11/7/2019. Release of Transcript Restriction set for 1/5/2020.(McGuirk, Kelly) |
| Filing 37 EMERGENCY CORRECTED NOTICE OF APPEAL re: #36 Notice of Appeal, #35 Order,. Document filed by Donald J. Trump. (Consovoy, William) |
| Filing 36 FILING ERROR - NO ORDER SELECTED FOR APPEAL - EMERGENCY NOTICE OF APPEAL. Document filed by Donald J. Trump. Filing fee $ 505.00, receipt number ANYSDC-17724879. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Consovoy, William) Modified on 10/7/2019 (tp). |
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Filing 35
DECISION AND ORDER: For the reasons described above, it is hereby ORDERED that the amended complaint of plaintiff Donald J. Trump (Dkt. No. 27) is DISMISSED pursuant to the decision of the United States Supreme Court in Younger v. Harris, 401 U.S. 37 (1971). (Signed by Judge Victor Marrero on 10/7/2019) (tro)
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| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #37 Emergency Corrected Notice of Appeal filed by Donald J. Trump were transmitted to the U.S. Court of Appeals. (nd) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Consovoy, William to RE-FILE Document No. #36 Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp) |
| USCA Case Number 19-3204 from the U.S.C.A. - 2nd Circ. assigned to #37 Emergency Corrected Notice of Appeal filed by Donald J. Trump. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #37 Corrected Notice of Appeal. (nd) |
| Appeal Fee Paid electronically via Pay.gov: for #37 Corrected Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-17724879, paid on 10/07/2019. (nd) |
| Filing 34 ENDORSED LETTER addressed to Judge Victor Marrero from William S. Consovoy dated 10/4/2019 re: President's pending motion. ENDORSEMENT: With the filing of the letter above in the public docket of this action, the Court has closed the record of this proceeding. The parties are directed to refrain from mailing any further submissions. Any other papers filed will not be endorsed. (Signed by Judge Victor Marrero on 10/4/2019) (jwh) |
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Filing 33
ENDORSED LETTER addressed to Judge Victor Marrero from Carey R. Dunne, Christopher Conroy, Solomon B. Shinerock, James H. Graham and Allen Vickey dated 10/3/2019 re: We write to respond briefly to the "Statement of Interest" filed by the United States Department of Justice ("DOJ") in this litigation late yesterday afternoon. We reiterate our position that this matter should be dismissed pursuant to the settled law mandating abstention. Further, for all the reasons articulated in our brief (Dkt. 16: at 11-19), Plaintiff's motion for injunctive relief should be denied, including on the ultimate merits, which turn on the law and have been, at this point, fully briefed and argued. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant. So Ordered. (Signed by Judge Victor Marrero on 10/3/2019) CC: all counsel of record (via email)(js)
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| Filing 32 RESPONSE to Motion re: #6 MOTION for Preliminary Injunction . Statement of Interest. Document filed by UNITED STATES OF AMERICA. (Gardner, Joshua) |
| Filing 31 NOTICE OF APPEARANCE by Joshua E. Gardner on behalf of UNITED STATES OF AMERICA. (Gardner, Joshua) |
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Filing 30
ENDORSED LETTER addressed to Judge Victor Marrero from Geoffrey S. Berman dated 9/30/2019 re: In accordance with the Court's order of September 25, 2019 (ECF No. 25), we write respectfully to inform the Court that the United States of America will file a submission by the close of business on Wednesday, October 2, 2019. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Government. (Signed by Judge Victor Marrero on 9/30/2019) (js)
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| Filing 29 SEALED DOCUMENT placed in vault.(rz) |
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Filing 28
ENDORSED LETTER addressed to Judge Victor Marrero from Carey R. Dunne, William Consovoy, Jerry D. Bernstein dated 9/26/2019 re: Pursuant to the Court's order of September 25, 2019 (Dkt. #25), and without prejudice to any right asserted by any party, we write to inform the Court that the parties have reached a temporary arrangement, and as further specified in this letter. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the parties. So ordered. (Signed by Judge Victor Marrero on 9/26/2019) (rjm)
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| Filing 27 AMENDED COMPLAINT amending #1 Complaint against Mazars USA, LLP, Cyrus R. Vance, Jr..Document filed by Donald J. Trump. Related document: #1 Complaint.(Consovoy, William) |
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Filing 26
ENDORSED LETTER addressed to Judge Victor Marrero from Jerry D. Bernstein dated 9/24/19 re: advising the Court of Mazars USA's position as to Plaintiff's motion for a temporary restraining order and a preliminary injunction. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Defendant Mazars USA. (Signed by Judge Victor Marrero on 9/25/19) (yv)
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Filing 25
ORDER. It is hereby ORDERED that the stay of enforcement of and compliance with the subpoena issued to Mazars USA, LLP, which is scheduled to expire today, September 25, 2019 at 1:00 p.m. (see Dkt. No. 4), shall be extended to tomorrow, September 26, 2019 at 5:00 p.m. It is further ORDERED that the parties in this action shall meet and confer regarding their respective concerns, and inform the Court, through the submission of a joint letter by tomorrow, September 26, 2019 at 4:00 p.m., whether they have agreed upon a process for proceeding in the interim period between expiration of the current stay and the issuance of the Court's decision. Finally, it is ORDERED that the request of the United States (Dkt. No. 24) for additional time to determine whether to participate in this action is GRANTED. The United States shall have until close of business on Monday, September 30, 2019, to inform the Court and the parties whether it intends to participate in this action. If the United States determines that it will participate, it shall have until close of business on Wednesday, October 2, 2019, to file a submission. SO ORDERED. (Signed by Judge Victor Marrero on 9/25/19) (yv)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney William Consovoy to RE-FILE Document No. #21 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. The PDF must be titled to correspond with the event type being used. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| Minute Entry for proceedings held before Judge Victor Marrero: Oral Argument held on 9/25/2019. William Consovoy, Marc Mukasey, Alan Futerfas, and Cameron Norris present for the plaintiff, President Donald J. Trump. Carey Dunne, Solomon Shinerock, Christopher Conroy, Allen Vickey, and James Graham present for defendant Cyrus R. Vance, Jr., in his official as District Attorney of the County of New York. Inbal Paz Garrity, Jerry Bernstein, Nicholas Tambone, and Michael Mullman present for defendant Mazars USA, LLP. Court reporter present. The Court heard oral arguments from the parties. (al) |
| Filing 24 RESPONSE to Motion re: #6 MOTION for Preliminary Injunction . Statement of the United States. Document filed by UNITED STATES OF AMERICA. (Oestericher, Jeffrey) |
| Filing 23 NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of UNITED STATES OF AMERICA. (Oestericher, Jeffrey) |
| Filing 22 REPLY MEMORANDUM OF LAW in Support re: #6 MOTION for Preliminary Injunction . . Document filed by Donald J. Trump. (Consovoy, William) |
| Filing 21 FILING ERROR - PDF ERROR - AMENDED COMPLAINT amending #1 Complaint against Mazars USA, LLP, Cyrus R. Vance, Jr..Document filed by Donald J. Trump. Related document: #1 Complaint.(Consovoy, William) Modified on 9/25/2019 (jgo). |
| Filing 20 NOTICE OF APPEARANCE by Nicholas Robert Tambone on behalf of Mazars USA, LLP. (Tambone, Nicholas) |
| Filing 19 NOTICE OF APPEARANCE by Inbal Paz Garrity on behalf of Mazars USA, LLP. (Garrity, Inbal) |
| Filing 18 NOTICE OF APPEARANCE by Jerry D. Bernstein on behalf of Mazars USA, LLP. (Bernstein, Jerry) |
| Filing 17 DECLARATION of Solomon B. Shinerock in Opposition re: #6 MOTION for Preliminary Injunction .. Document filed by Cyrus R. Vance, Jr.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Shinerock, Solomon) |
| Filing 16 MEMORANDUM OF LAW in Opposition re: #6 MOTION for Preliminary Injunction . . Document filed by Cyrus R. Vance, Jr.. (Shinerock, Solomon) |
| Filing 15 LETTER addressed to Judge Victor Marrero from Vance dated 2019.09.23 re: 19 Civ. 8694. Document filed by Cyrus R. Vance, Jr..(Shinerock, Solomon) |
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Filing 14
ORDER FOR ADMISSION PRO HAC VICE granting #12 Motion for Christopher Raymond Conroy to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 9/23/2019) (mro)
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| Filing 13 NOTICE OF APPEARANCE by Carey R. Dunne on behalf of Cyrus R. Vance, Jr.. (Dunne, Carey) |
| Filing 12 MOTION for Christopher Raymond Conroy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17643369. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cyrus R. Vance, Jr..(Conroy, Christopher) |
| Filing 11 NOTICE OF APPEARANCE by James Henry Graham on behalf of Cyrus R. Vance, Jr.. (Graham, James) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Christopher Raymond Conroy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17643369. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 10 AMENDED MEMORANDUM OF LAW in Support re: #6 MOTION for Preliminary Injunction . . Document filed by Donald J. Trump. (Attachments: #1 Amended Memorandum of Law)(Consovoy, William) |
| Filing 9 NOTICE OF APPEARANCE by Allen James Vickey on behalf of Cyrus R. Vance, Jr.. (Vickey, Allen) |
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Filing 8
ORDER: It is hereby ordered that the oral argument scheduled for September 25, 2019 at 9:30 a.m. shall be held in Courtroom 23B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. (Oral Argument set for 9/25/2019 at 09:30 AM in Courtroom 23B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 9/20/2019) (cf)
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| Filing 7 NOTICE OF APPEARANCE by Solomon B Shinerock on behalf of Cyrus R. Vance, Jr.. (Shinerock, Solomon) |
| Filing 6 MOTION for Preliminary Injunction . Document filed by Donald J. Trump. Return Date set for 9/25/2019 at 09:30 AM. (Attachments: #1 Text of Proposed Order, #2 Affidavit, #3 Memo of Law)(Futerfas, Alan) |
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Filing 5
ORDER FOR ADMISSION PRO HAC VICE granting #3 Motion for William S. Consovoy to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Victor Marrero on 9/20/2019) (cf)
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| Filing 4 ENDORSED LETTER addressed to Judge Victor Marrero from Christopher Conroy dated [undated] re: the parties have agreed to the following schedule subject to the Court's approval. ENDORSEMENT: Request GRANTED. The briefing schedule and hearing on the motion for injunctive relief in this action shall be as set forth above. (Mazars USA, LLP answer due 9/23/2019; Cyrus R. Vance, Jr. answer due 9/23/2019.) (Signed by Judge Victor Marrero on 9/19/2019) (jwh) |
| Filing 3 MOTION for William S. Consovoy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17626124. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Donald J. Trump. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing (VA), #3 Exhibit Certificate of Good Standing (DC), #4 Text of Proposed Order)(Consovoy, William) |
| Filing 2 CIVIL COVER SHEET filed. (pc) (jgo). |
| Filing 1 COMPLAINT against Mazars USA, LLP, Cyrus R. Vance, Jr.. (Filing Fee $ 400.00, Receipt Number 465401244444)Document filed by Donald J. Trump.(pc) (jgo). |
| Magistrate Judge Katharine H. Parker 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. (pc) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #3 MOTION for William S. Consovoy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17626124. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Set/Reset Hearings: Oral Argument set for 9/25/2019 at 09:30 AM before Judge Victor Marrero. (jwh) |
| Case Designated ECF. (pc) |
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