State of New York et al
Plaintiff: State of New York and Eric Gonzalez
Defendant: United States Department of Homeland Security, Kevin K. McAleenan, United States Immigration and Customs Enforcement and Matthew T. Albence
Amicus Curiae: Immigration Law Scholars, Immigrant Defense Project, Former Judges and Nikolas Bowie
Case Number: 1:2019cv08876
Filed: September 25, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Jed S Rakoff
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. ยง 702
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 20, 2019 Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 11/20/2019 re: #25 MOTION to Dismiss . filed by United States Immigration and Customs Enforcement, Kevin K. McAleenan, Matthew T. Albence, United States Department of Homeland Security. (Kotowski, Linda)
November 18, 2019 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/18/2019. (Kotowski, Linda)
November 13, 2019 Filing 38 REPLY MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss . . Document filed by Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Onozawa, Tomoko)
November 7, 2019 Filing 37 AMENDED BRIEF of Professor Nikolas Bowie as Amicus Curiae In Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss. Document filed by Nikolas Bowie.(Sokoler, Jennifer)
November 6, 2019 Filing 36 NOTICE OF APPEARANCE by Jennifer Sokoler on behalf of Nikolas Bowie. (Sokoler, Jennifer)
November 5, 2019 Filing 35 BRIEF of Professor Nikolas Bowie as Amicus Curiae In Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss. Document filed by Nikolas Bowie.(Sokoler, Jennifer)
November 5, 2019 Filing 34 BRIEF of Former Judges as Amici Curiae in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss. Document filed by Former Judges.(Adegbile, Debo)
November 5, 2019 Filing 33 MEMORANDUM OF LAW in Opposition re: #25 MOTION to Dismiss . . Document filed by Eric Gonzalez, State of New York. (Colangelo, Matthew)
November 5, 2019 Filing 32 BRIEF of Amicus Curiae Immigration Law Scholars. Document filed by Immigration Law Scholars.(Sutherland, Brian)
November 5, 2019 Filing 31 NOTICE OF APPEARANCE by Brian Adair Sutherland on behalf of Immigration Law Scholars. (Sutherland, Brian)
November 5, 2019 Filing 30 BRIEF BRIEF OF AMICI CURIAE IMMIGRANT DEFENSE PROJECT AND 40 LEGAL SERVICES ORGANIZATIONS, PUBLIC DEFENDER ORGANIZATIONS, AND NON-PROFIT ORGANIZATIONS IN SUPPORT OF PLAINTIFFS. Document filed by Immigrant Defense Project.(Lawson, Theresa)
November 5, 2019 Filing 29 Amicus Curiae APPEARANCE entered by Theresa Dawn Lawson on behalf of Immigrant Defense Project.(Lawson, Theresa)
November 4, 2019 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/4/2019. (Kotowski, Linda)
October 28, 2019 Filing 28 NOTICE OF APPEARANCE by Morenike Fajana on behalf of State of New York. (Fajana, Morenike)
October 25, 2019 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 10/25/2019. (Kotowski, Linda)
October 23, 2019 Filing 27 DECLARATION of AUSA Tomoko Onozawa in Support re: #25 MOTION to Dismiss .. Document filed by Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Onozawa, Tomoko)
October 23, 2019 Filing 26 MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss . . Document filed by Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Onozawa, Tomoko)
October 23, 2019 Filing 25 MOTION to Dismiss . Document filed by Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. Responses due by 11/5/2019 Return Date set for 11/20/2019 at 04:00 PM.(Onozawa, Tomoko)
October 15, 2019 Filing 24 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/8/19 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)
October 15, 2019 Filing 23 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/8/2019 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/5/2019. Redacted Transcript Deadline set for 11/15/2019. Release of Transcript Restriction set for 1/13/2020.(McGuirk, Kelly)
October 15, 2019 Filing 22 NOTICE OF APPEARANCE by Jill Harris on behalf of Eric Gonzalez. (Harris, Jill)
October 10, 2019 Filing 21 NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Onozawa, Tomoko)
October 8, 2019 Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 10/8/2019, ( Final Pretrial Conference set for 3/19/2020 at 02:00 PM before Judge Jed S. Rakoff., Oral Argument set for 11/20/2019 at 04:00 PM before Judge Jed S. Rakoff.). (Kotowski, Linda)
October 8, 2019 Filing 20 CIVIL CASE MANAGEMENT PLAN: Ready for Trial by 3/8/2020. Motion To Dismiss: Moving - 10/23; Answering - 11/5; Reply - 11/12; Oral Argument set for 11/20/2019 at 04:00 PM before Judge Jed S. Rakoff. Amended Pleadings due by 12/17/2019. Joinder of Parties due by 12/17/2019. Administrative Record to be filed by 12/10/19. Deposition due by 2/14/2020. Discovery due by 2/14/2020. Motions due by 2/24/2020. Responses due by 3/3/2020. Replies due by 3/10/2020. Oral Argument set for 3/19/2020 at 02:00 PM before Judge Jed S. Rakoff. Final Pretrial Conference set for 3/19/2020 at 02:00 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 10/8/2019) (jwh)
October 7, 2019 Filing 19 NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Oestericher, Jeffrey)
October 7, 2019 Filing 18 NOTICE OF APPEARANCE by Rebecca Ruth Friedman on behalf of Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Friedman, Rebecca)
October 3, 2019 ***DELETED DOCUMENT. Deleted document number 17 NOTICE OF COURT CONFERENCE. The document was incorrectly filed in this case. (jwh)
October 3, 2019 Opinion or Order Filing 16 NOTICE OF COURT CONFERENCE: Initial Conference set for 10/8/2019 at 11:30 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff, as further set forth in this order. (Signed by Judge Jed S. Rakoff on 10/3/2019) (jwh)
September 27, 2019 Filing 15 NOTICE OF APPEARANCE by Anjana Malhotra on behalf of State of New York. (Malhotra, Anjana)
September 26, 2019 Filing 14 AFFIDAVIT OF SERVICE. All Defendants. Service was made by Mail. Document filed by State of New York, Eric Gonzalez. (Colangelo, Matthew)
September 26, 2019 Filing 13 NOTICE OF APPEARANCE by Scott Andrew Eisman on behalf of State of New York. (Eisman, Scott)
September 26, 2019 Filing 12 ELECTRONIC SUMMONS ISSUED as to United States Immigration and Customs Enforcement. (jgo)
September 26, 2019 Filing 11 ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security. (jgo)
September 26, 2019 Filing 10 ELECTRONIC SUMMONS ISSUED as to Matthew T. Albence. (jgo)
September 26, 2019 Filing 9 ELECTRONIC SUMMONS ISSUED as to Kevin K. McAleenan. (jgo)
September 26, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo)
September 26, 2019 CASE DECLINED AS NOT RELATED. Case referred as related to 19cv8892 and declined by Judge Alison Nathan and returned to wheel for assignment. (wb)
September 26, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew Colangelo. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:551;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 05:702;. (jgo)
September 26, 2019 Case Designated ECF. (jgo)
September 26, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Matthew Colangelo. The party information for the following party/parties has been modified: State of New York; Eric Gonzalez; United States Immigration and Customs Enforcement; Matthew T. Albence; United States Department of Homeland Security; Kevin K. McAleenan. The information for the party/parties has been modified for the following reason/reasons: party text contained a typographical error; party text was removed. (jgo)
September 26, 2019 NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge Unassigned is no longer assigned to the case. (wb)
September 26, 2019 Magistrate Judge Robert W. Lehrburger 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. (wb)
September 26, 2019 CASE REFERRED TO Judge Alison J. Nathan as possibly related to 19-cv-8892. (jgo)
September 25, 2019 Filing 8 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-8892. Document filed by Eric Gonzalez, State of New York.(Colangelo, Matthew)
September 25, 2019 Filing 7 CIVIL COVER SHEET filed. (Colangelo, Matthew)
September 25, 2019 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Kevin K. McAleenan, in his official capacity as Acting Secretary of Homeland Security, re: #1 Complaint,,. Document filed by Eric Gonzalez, State of New York. (Colangelo, Matthew)
September 25, 2019 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: #1 Complaint,,. Document filed by Eric Gonzalez, State of New York. (Colangelo, Matthew)
September 25, 2019 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Matthew T. Albence, in his official capacity as Acting Director of United States Immigration and Customs Enforcement, re: #1 Complaint,,. Document filed by Eric Gonzalez, State of New York. (Colangelo, Matthew)
September 25, 2019 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, re: #1 Complaint,,. Document filed by Eric Gonzalez, State of New York. (Colangelo, Matthew)
September 25, 2019 Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Colangelo, Matthew) Modified on 9/26/2019 (jgo).
September 25, 2019 Filing 1 COMPLAINT against United States Immigration and Customs Enforcement, Matthew T. Albence, United States Department of Homeland Security, Kevin K. McAleenan. (Filing Fee $ 400.00, Receipt Number ANYSDC-17659362)Document filed by State of New York, Eric Gonzalez. (Attachments: #1 Exhibit 1 (ICE Directive Number 11072.1, "Civil Immigration Enforcement Actions Inside Courthouses"), #2 Exhibit 2 (2017 N.Y. State Unified Court System Policy), #3 Exhibit 3 (2019 N.Y. State Unified Court System Policy))(Colangelo, Matthew)

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 this case: State of New York et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: United States Department of Homeland Security
Represented By: Rebecca Ruth Friedman
Represented By: Tomoko Onozawa
Represented By: Jeffrey Stuart Oestericher
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Kevin K. McAleenan
Represented By: Rebecca Ruth Friedman
Represented By: Tomoko Onozawa
Represented By: Jeffrey Stuart Oestericher
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: United States Immigration and Customs Enforcement
Represented By: Rebecca Ruth Friedman
Represented By: Tomoko Onozawa
Represented By: Jeffrey Stuart Oestericher
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Matthew T. Albence
Represented By: Rebecca Ruth Friedman
Represented By: Tomoko Onozawa
Represented By: Jeffrey Stuart Oestericher
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: State of New York
Represented By: Matthew Colangelo
Represented By: Anjana Malhotra
Represented By: Morenike Fajana
Represented By: Scott Andrew Eisman
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Eric Gonzalez
Represented By: Matthew Colangelo
Represented By: Jill Harris
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Amicus curiae: Immigration Law Scholars
Represented By: Brian Adair Sutherland
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Amicus curiae: Immigrant Defense Project
Represented By: Theresa Dawn Lawson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Amicus curiae: Former Judges
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Amicus curiae: Nikolas Bowie
Represented By: Jennifer Sokoler
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.


Why Is My Information Online?