Center for Popular Democracy Action et al v. Bureau of the Census et al
| Center for Popular Democracy Action and City of Newburgh |
| Wilbur Ross, Bureau of the Census, Department of Commerce, Steven Dillingham and United States Department of Commerce |
| 1:2019cv10917 |
| November 26, 2019 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Civil Rights: Other |
| 05 U.S.C. § 702 |
| None |
Docket Report
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This docket was last retrieved on March 19, 2020. A more recent docket listing may be available from PACER.
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| Filing 36 LETTER addressed to Judge Alvin K. Hellerstein from Emily Bretz dated January 24, 2020 re: Production of Records. Document filed by Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce. (Attachments: #1 Exhibit Index, #2 Exhibit Certification of Records)(Bretz, Emily) |
| Filing 35 LETTER addressed to Judge Alvin K. Hellerstein from Lucas Issacharoff dated 1/17/2020 re: Decisionmakers. Document filed by Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce.(Issacharoff, Lucas) |
Filing 34
ORDER granting #3 Motion to Expedite. Plaintiffs' motion is granted. Production of the administrative record and related briefing shall proceed as follows: 1. On or before January 17, 2020, Defendants shall file a letter in this Court identifying the decisionmakers responsible for each of the five challenged agency actions catalogued in footnote 2, supra. 2. On or before January 24, 2020, Defendants shall produce to Plaintiffs the administrative record underlying the five challenged agency actions. 3. Plaintiffs and Defendants shall file their motions for a preliminary injunction and dismissal, respectively, by January 31, 2020. The parties shall file oppositions to these motions by February 21, 2020. And the parties shall file their replies by March 4, 2020. 4. Oral argument will be held on March 18, 2020, at 2:30 p.m., at which time the parties are to be prepared to address both of the by-then-pending motions for a preliminary injunction and dismissal. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/9/20) (yv)
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| Set/Reset Deadlines: Motions due by 1/31/2020. Responses due by 2/21/2020. Replies due by 3/4/2020. (yv) |
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Filing 33
PLAINTIFFS' MOTION FOR ORDER TO GRANT LEAVE TO APPEAR AS LAW STUDENT INTERNS granting #11 Motion for Leave to Appear. Plaintiffs Center for Popular Democracy Action and City of Newburgh, through their attorneys, move this Court, pursuant to the United States District Court for the Southern District of New York's Plan for Student Practice in Civil Actions, to grant Rachel Brown, Lisa Chen, Daniel Ki, Nikita Lalwani, Geng Ngarmboonanant, Laura Pietrantoni, and Joshua Zoffer leave to appear as law student interns in the above-captioned matter, under the supervision of attorney Michael J. Wishnie. Ms. Brown, Ms. Chen, Mr. Ki, Ms. Lalwani, Mr. Ngarmboonanant, Ms. Pietrantoni, and Mr. Zoffer meet all the eligibility requirements. Plan for Student Practice in Civil Actions 1; see Law Student Intern Appearance Form for Rachel Brown (Ex. A); Law Student Intern Appearance Form for Lisa Chen (Ex. B); Law Student Intern Appearance Form for Daniel Ki (Ex. C); Law Student Intern Appearance Form for Nikita Lalwani (Ex. D); Law Student Intern Appearance Form for Geng Ngarmboonanant (Ex. E); Law Student Intern Appearance Form for Laura Pietrantoni (Ex. F); Law Student Intern Appearance Form for Joshua Zoffer (Ex. G). (As further set forth in this Order.) SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/9/2020) (cf)
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| Filing 32 MEMO ENDORSEMENT on re: #31 Letter Request for Telephonic Access to Conference, filed by Wilbur Ross, United States Department of Commerce, Bureau of the Census, Steven Dillingham. ENDORSEMENT: The request is approved. The Court will, telphonically, communicate to the parties the details of the dial-in. (Signed by Judge Alvin K. Hellerstein on 1/8/20) (yv) |
| Filing 31 JOINT LETTER addressed to Judge Alvin K. Hellerstein from Lucas Issacharoff dated 1/7/2020 re: Request for Telephonic Access to Conference. Document filed by Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce.(Issacharoff, Lucas) |
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Filing 30
ORDER REGULATING PROCEEDINGS: Initial Conference set for 1/9/2020 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein, as further set forth in this order. (Signed by Judge Alvin K. Hellerstein on 1/2/2020) (jwh)
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| Filing 29 REPLY to Response to Motion re: #3 MOTION to Expedite Production of Administrative Record. /Plaintiffs' Reply in Further Support of Motion to Compel Expedited Production of the Administrative Record. Document filed by Center for Popular Democracy Action, City of Newburgh. (Creelan, Jeremy) |
| Filing 28 LETTER addressed to Judge Alvin K. Hellerstein from Jeremy Creelan dated December 23, 2019 re: Request For Rule 16(b) Pre-Trial Conference. Document filed by Center for Popular Democracy Action, City of Newburgh.(Creelan, Jeremy) |
| Filing 27 MEMORANDUM OF LAW in Opposition re: #3 MOTION to Expedite Production of Administrative Record. . Document filed by Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce. (Attachments: #1 Affidavit of Deborah Stempowski)(Issacharoff, Lucas) |
| Filing 26 NOTICE OF APPEARANCE by Lucas Estlund Issacharoff on behalf of Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce. (Issacharoff, Lucas) |
| Filing 25 NOTICE OF APPEARANCE by Emily Elizabeth Bretz on behalf of Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce. (Bretz, Emily) |
| NOTICE OF CASE REASSIGNMENT to Judge Alvin K. Hellerstein. Judge Naomi Reice Buchwald is no longer assigned to the case. (wb) |
| Filing 24 SUMMONS RETURNED EXECUTED Summons and Complaint served. Bureau of the Census served on 12/4/2019, answer due 12/26/2019; Steven Dillingham served on 12/5/2019, answer due 12/26/2019; Wilbur Ross served on 12/5/2019, answer due 12/26/2019; United States Department of Commerce served on 12/5/2019, answer due 12/26/2019. Service was made by Mail (Certified). Document filed by City of Newburgh; Center for Popular Democracy Action. (Alderdice, Jacob) |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to United States Department of Commerce. (sj) |
| Filing 22 ELECTRONIC SUMMONS ISSUED as to Steven Dillingham. (sj) |
| Filing 21 ELECTRONIC SUMMONS ISSUED as to Wilbur Ross. (sj) |
| Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to Wilbur Ross, Secretary of Commerce, re: #1 Complaint. Document filed by Center for Popular Democracy Action, City of Newburgh. (Wishnie, Michael) |
| Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Steven Dillingham, Director, Bureau of the Census, re: #1 Complaint. Document filed by Center for Popular Democracy Action, City of Newburgh. (Wishnie, Michael) |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Commerce, re: #1 Complaint. Document filed by Center for Popular Democracy Action, City of Newburgh. (Wishnie, Michael) |
| Filing 17 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Commerce, re: #1 Complaint. Document filed by Center for Popular Democracy Action, City of Newburgh. (Wishnie, Michael) Modified on 12/5/2019 (sj). |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Bureau of the Census. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Joel Wishnie to RE-FILE Document No. #13 Request for Issuance of Summons, #14 Request for Issuance of Summons, #15 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name in the 'To' field must appear exactly as it does on the pleading caption; do not use abbreviations in party names; any party/entity name that is listed after the name of the defendant must include 'c/o', 'attn', 'via'. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne) |
| CASE DECLINED AS NOT RELATED. Case referred as related to 18CV2921 and declined by Judge Jesse Furman and returned to wheel for assignment. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Naomi Reice Buchwald. Judge Unassigned is no longer assigned to the case. (wb) |
| Magistrate Judge James L. Cott 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
| Filing 15 FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Steven Dillingham, Director of the Bureau of the Census, re: #1 Complaint. Document filed by Center for Popular Democracy Action, City of Newburgh. (Wishnie, Michael) Modified on 12/3/2019 (pne). |
| Filing 14 FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Wilbur Ross, Secretary of Commerce, re: #1 Complaint. Document filed by Center for Popular Democracy Action, City of Newburgh. (Wishnie, Michael) Modified on 12/3/2019 (pne). |
| Filing 13 FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Commerce, re: #1 Complaint. Document filed by Center for Popular Democracy Action, City of Newburgh. (Wishnie, Michael) Modified on 12/3/2019 (pne). |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Bureau of the Census, re: #1 Complaint. Document filed by Center for Popular Democracy Action, City of Newburgh. (Wishnie, Michael) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Joel Wishnie. The party information for the following party/parties has been modified: Steven Dillingham; United States Department of Commerce; Wilbur Ross. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Joel Wishnie. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to Kings. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) |
| Case Designated ECF. (sj) |
| CASE REFERRED TO Judge Jesse M. Furman as possibly related to 1:18cv2921. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Joel Wishnie to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; each summons request should be its own separate docket entry. 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. (sj) |
| Filing 11 MOTION for Leave to Appear as Law Student Interns . Document filed by Center for Popular Democracy Action, City of Newburgh. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Wishnie, Michael) |
| Filing 10 NOTICE OF APPEARANCE by Seth Hugh Agata on behalf of Center for Popular Democracy Action, City of Newburgh. (Agata, Seth) |
| Filing 9 NOTICE OF APPEARANCE by Jacob D. Alderdice on behalf of Center for Popular Democracy Action, City of Newburgh. (Alderdice, Jacob) |
| Filing 8 NOTICE OF APPEARANCE by Jeremy Micah Creelan on behalf of Center for Popular Democracy Action, City of Newburgh. (Creelan, Jeremy) |
| Filing 7 NOTICE OF APPEARANCE by Susan Joan Kohlmann on behalf of Center for Popular Democracy Action, City of Newburgh. (Kohlmann, Susan) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Center for Popular Democracy Action.(Wishnie, Michael) |
| Filing 5 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Bureau of the Census, Steven Dillingham, U.S. Dept. of Commerce, Wilbur Ross, re: #1 Complaint. Document filed by Center for Popular Democracy Action, City of Newburgh. (Wishnie, Michael) Modified on 11/27/2019 (sj). |
| Filing 4 CIVIL COVER SHEET filed. (Wishnie, Michael) |
| Filing 3 MOTION to Expedite Production of Administrative Record. Document filed by Center for Popular Democracy Action, City of Newburgh.(Wishnie, Michael) |
| Filing 2 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:18-cv-02921. Document filed by Center for Popular Democracy Action, City of Newburgh.(Wishnie, Michael) |
| Filing 1 COMPLAINT against Bureau of the Census, Department of Commerce, Steven Dillingham, Wilbur Ross. (Filing Fee $ 400.00, Receipt Number ANYSDC-18147926)Document filed by City of Newburgh, Center for Popular Democracy Action.(Wishnie, Michael) |
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