The New York Immigration Coalition et al v. Trump et al
| ADC Research Institute, CASA, FIEL Houston Inc, American-Arab Anti-Discrimination Committee, Make The Road - New York, The New York Immigration Coalition, Make the Road New York, Casa and New York Immigration Coalition |
| United States Department of Commerce, Stephen Dillingham, United States Bureau of the Census, Wilbur Ross, Donald J. Trump, Wilbur L. Ross, Jr., Bureau of the Census and Steven Dillingham |
| Elizabeth Warren, Attorney General Richard Blumenthal, Martin Heinrich, Mazie K. Hirono, Jeffrey A. Merkley, Sherrod Brown, Brian Schatz and Ron L. Wyden |
| 1:2020cv05781 |
| July 24, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jesse M Furman |
| Civil Rights: Other |
| 28 U.S.C. § 2201 dj |
| None |
Docket Report
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This docket was last retrieved on September 18, 2020. A more recent docket listing may be available from PACER.
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| Filing 67 NOTICE OF APPEAL TO THE SUPREME COURT from (164 in 1:20-cv-05770-JMF) Memorandum & Opinion,,,,,,,,,,,,, (165 in 1:20-cv-05770-JMF, 55 in 1:20-cv-05781-JMF) Judgment,,,,,,,. Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., Donald J. Trump, United States Department of Commerce, Bureau of the Census, Steven Dillingham, Wilbur L. Ross Jr., Donald J. Trump, United States Department of Commerce. Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF.(Mauler, Daniel) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Mauler, Daniel to RE-FILE Document No. (62 in 1:20-cv-05781-JMF, 169 in 1:20-cv-05770-JMF) Corrected Notice of Appeal. The filing is deficient for the following reason(s): the wrong event type was used to file the appeal. Re-file the appeal using the event type Notice of Appeal to the Supreme Court 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. Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF(tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to Supreme Court of the United States re: (174 in 1:20-cv-05770-JMF, 67 in 1:20-cv-05781-JMF) Notice of Appeal to the Supreme Court of the United States. Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF. (tp) |
| Appeal Record Sent to Supreme Court of the United States (Electronic File). Certified Indexed record on Appeal Electronic Files for (174 in 1:20-cv-05770-JMF, 67 in 1:20-cv-05781-JMF) Notice of Appeal to the Supreme Court, filed by Wilbur L. Ross, Jr., United States Department of Commerce, Wilbur L. Ross Jr., Bureau of the Census, Donald J. Trump, Steven Dillingham were transmitted to the Supreme Court of the United States. Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF. (tp) |
Filing 66
ORDER terminating #64 Motion to Stay. Per ECF No. #45 , all filings are to be made in 20-CV-5770 alone. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Mauler, Daniel. Document No. (62 in 1:20-cv-05781-JMF, 169 in 1:20-cv-05770-JMF) Corrected Notice of Appeal,,.. The filing is deficient for the following reason(s): the wrong event type was used to file the appeal. Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF(nd) |
| Filing 65 MEMORANDUM OF LAW in Support re: (64 in 1:20-cv-05781-JMF, 171 in 1:20-cv-05770-JMF) MOTION to Stay re: (165 in 1:20-cv-05770-JMF, 55 in 1:20-cv-05781-JMF) Judgment,,,,,,, (Motion for Stay of Judgment Pending Appeal). . Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., Donald J. Trump, United States Department of Commerce, Bureau of the Census, Steven Dillingham, Wilbur L. Ross Jr., Donald J. Trump, United States Department of Commerce. Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF.(Mauler, Daniel) |
| Filing 64 MOTION to Stay re: (165 in 1:20-cv-05770-JMF, 55 in 1:20-cv-05781-JMF) Judgment,,,,,,, (Motion for Stay of Judgment Pending Appeal). Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., Donald J. Trump, United States Department of Commerce, Bureau of the Census, Steven Dillingham, Wilbur L. Ross Jr., Donald J. Trump, United States Department of Commerce.Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF.(Mauler, Daniel) |
| Filing 63 CORRECTED NOTICE OF APPEAL re: (61 in 1:20-cv-05781-JMF, 168 in 1:20-cv-05770-JMF) Notice of Appeal,, (164 in 1:20-cv-05770-JMF) Memorandum & Opinion,,,,,,,,,,,,, (165 in 1:20-cv-05770-JMF, 55 in 1:20-cv-05781-JMF) Judgment,,,,,,,. Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., Donald J. Trump, United States Department of Commerce, Bureau of the Census, Steven Dillingham, Wilbur L. Ross Jr., Donald J. Trump, United States Department of Commerce. Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF.(Mauler, Daniel) |
| Filing 62 FILING ERROR - DEFICIENT DOCKET ENTRY - CORRECTED NOTICE OF APPEAL re: (167 in 1:20-cv-05770-JMF, 60 in 1:20-cv-05781-JMF) Notice of Appeal,, (164 in 1:20-cv-05770-JMF) Memorandum & Opinion, (165 in 1:20-cv-05770-JMF, 55 in 1:20-cv-05781-JMF) Judgment. Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., Donald J. Trump, United States Department of Commerce, Bureau of the Census, Steven Dillingham, Wilbur L. Ross Jr., Donald J. Trump, United States Department of Commerce. Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF.(Mauler, Daniel) Modified on 9/17/2020 (tp). |
| Filing 61 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., Donald J. Trump, United States Department of Commerce, Bureau of the Census, Steven Dillingham, Wilbur L. Ross Jr., Donald J. Trump, 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: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF.(Mauler, Daniel) Modified on 9/16/2020 (tp). |
| Filing 60 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., Donald J. Trump, United States Department of Commerce, Bureau of the Census, Steven Dillingham, Wilbur L. Ross Jr., Donald J. Trump, 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: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF.(Mauler, Daniel) Modified on 9/16/2020 (tp). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Mauler, Daniel to RE-FILE Document No. (167 in 1:20-cv-05770-JMF, 60 in 1:20-cv-05781-JMF) 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. Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF(tp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Mauler, Daniel to RE-FILE Document No. (61 in 1:20-cv-05781-JMF, 168 in 1:20-cv-05770-JMF) 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. Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF(tp) |
| FILING ERROR - DEFICIENT DOCKET ENTRY - Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (62 in 1:20-cv-05781-JMF, 169 in 1:20-cv-05770-JMF) Corrected Notice of Appeal, filed by Wilbur L. Ross, Jr., United States Department of Commerce, Wilbur L. Ross Jr., Bureau of the Census, Donald J. Trump, Steven Dillingham were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF. (tp) Modified on 9/17/2020 (nd). |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (63 in 1:20-cv-05781-JMF, 170 in 1:20-cv-05770-JMF) Corrected Notice of Appeal, filed by Wilbur L. Ross, Jr., United States Department of Commerce, Wilbur L. Ross Jr., Bureau of the Census, Donald J. Trump, Steven Dillingham were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF. (tp) |
| FILING ERROR - DEFICIENT DOCKET ENTRY - Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (62 in 1:20-cv-05781-JMF, 169 in 1:20-cv-05770-JMF) Corrected Notice of Appeal. Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF. (tp) Modified on 9/17/2020 (nd). |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (63 in 1:20-cv-05781-JMF, 170 in 1:20-cv-05770-JMF) Corrected Notice of Appeal. Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF. (tp) |
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Filing 59
ERRATA ORDER: The Court has substituted a new version of its September 10, 2020 Opinion and Order of at 20-CV-5770, ECF No. 164, to correct the following three typographical errors... (See ORDER.) (Signed by Judges Jesse M. Furman, Richard C. Wesley, and Peter W. Hall on 9/14/2020) Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF (ab)
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Filing 58
ORDER granting #56 Motion for Edgar Saldivar to Appear Pro Hac Vice; granting #57 Motion for Thomas Buser-Clancy to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 57 MOTION for Thomas Buser-Clancy to Appear Pro Hac Vice Filing fee $ 200.00, receipt number NYSDC-21460545. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA, FIEL Houston Inc, Make the Road New York, Casa, New York Immigration Coalition. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order).(Buser-Clancy, Thomas) |
| Filing 56 MOTION for Edgar Saldivar to Appear Pro Hac Vice Filing fee $ 200.00, receipt number NYSDC-21460727. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA, FIEL Houston Inc, Make the Road New York, Casa, New York Immigration Coalition. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order).(Saldivar, Edgar) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #57 MOTION for Thomas Buser-Clancy to Appear Pro Hac Vice Filing fee $ 200.00, receipt number NYSDC-21460545. Motion and supporting papers to be reviewed by Clerk's Office staff., #56 MOTION for Edgar Saldivar to Appear Pro Hac Vice Filing fee $ 200.00, receipt number NYSDC-21460727. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad) |
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Filing 55
FINAL JUDGMENT AND PERMANENT INJUNCTION: Final judgment is entered for Plaintiffs and against Defendants on Plaintiffs' claims arising from an ultra vires violation of 2 U.S.C. 2a and 13 U.S.C. 141 (namely, the Fifth Claim for Relief in the Governmental Plaintiffs' Amended Complaint and Count Two in the NGO Plaintiffs' Amended Complaint). The July 21, 2020 Memorandum on Excluding Illegal Aliens from the Apportionment Base Following the 2020 Census (the "Presidential Memorandum"), announcing that it is the policy of the United States to exclude from the apportionment base aliens who are not in a lawful immigration status, is DECLARED unlawful as an ultra vires violation of Congress's delegation of authority to conduct the decennial census and apportionment calculation pursuant to 2 U.S.C. 2a and 13 U.S.C. 141. The Secretary of Commerce in his official capacity, the Director of the Census Bureau in his official capacity, the U.S. Department of Commerce, and the U.S. Census Bureau, 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 including in the Secretary's report to the President pursuant to Section 141(b) any information permitting the President to exercise the President's discretion to carry out the policy set forth in section 2 of the Presidential Memorandum that is, any information concerning the number of aliens in each State who are not in a lawful immigration status under the Immigration and Nationality Act. SO ORDERED. (Signed by Judge Richard C. Wesley, Judge Peter W. Hall and Judge Jesse M. Furman on 9/10/2020) Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF (kv)
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| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (160 in 1:20-cv-05770-JMF, 53 in 1:20-cv-05781-JMF) MOTION for Thomas Buser-Clancy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-21460545. Motion and supporting papers to be reviewed by Clerk's Office staff., (161 in 1:20-cv-05770-JMF, 54 in 1:20-cv-05781-JMF) MOTION for Edgar Saldivar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-21460727. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the motion to appear pro hac vice was spread to multiple civil cases;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice in the lead case and a separate Motion to Appear Pro Hac Vice in each case and pay the filing fee for each motion - 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.. Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF(bcu) |
| Filing 54 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Edgar Saldivar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-21460727. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA, FIEL Houston Inc, Make the Road New York, Casa, New York Immigration Coalition. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order)Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF.(Saldivar, Edgar) Modified on 9/3/2020 (bcu). |
| Filing 53 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Thomas Buser-Clancy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-21460545. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA, FIEL Houston Inc, Make the Road New York, Casa, New York Immigration Coalition. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order)Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF.(Buser-Clancy, Thomas) Modified on 9/3/2020 (bcu). |
| Filing 52 REPLY MEMORANDUM OF LAW in Support re: (117 in 1:20-cv-05770-JMF) MOTION to Dismiss . (Defendants' Reply in Support of Motion to Dismiss). Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., Donald J. Trump, United States Department of Commerce, Bureau of the Census, Steven Dillingham, Wilbur L. Ross Jr., Donald J. Trump, United States Department of Commerce. Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF.(Mauler, Daniel) |
| Filing 51 NOTICE OF APPEARANCE by Daniel Mauler on behalf of Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., Donald J. Trump, United States Department of Commerce, Bureau of the Census, Steven Dillingham, Wilbur L. Ross Jr., Donald J. Trump, United States Department of Commerce. Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF.(Mauler, Daniel) |
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Filing 50
MEMO ENDORSED ORDER granting (93) Motion for Leave to File Document in case 1:20-cv-05770-JMF; granting (49) Motion for Leave to File Document in case 1:20-cv-05781-JMF. ENDORSEMENT: Application GRANTED. The Court reminds the parties and amici that because 20-CV-5770 and 20-CV-5781 have been consolidated, filings should be made only in 20-CV-5770. The Clerk of Court is directed to terminate 20-CV-5770, ECF No. 93, and 20-CV-5781, ECF No. 49. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/14/20) Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF (yv)
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| Filing 49 CONSENT MOTION for Leave to File Amici Curiae Brief of Members of Congress. Document filed by Brian Schatz, Richard Blumenthal, Sherrod Brown, Martin Heinrich, Mazie K. Hirono, Jeffrey A. Merkley, Elizabeth Warren, Ron L. Wyden. (Attachments: #1 Motion for Leave To File, #2 Exhibit Proposed Amici Curiae Brief, #3 Text of Proposed Order).(Gans, David) |
| Filing 48 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/5/2020 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...Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF.(McGuirk, Kelly) |
| Filing 47 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/5/2020 before Judge Jesse M. Furman. 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 8/31/2020. Redacted Transcript Deadline set for 9/10/2020. Release of Transcript Restriction set for 11/9/2020.Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF.(McGuirk, Kelly) |
| Filing 46 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Richard N. Coglianese to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-21054338. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Columbus. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order Granting Motion)Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF.(Coglianese, Richard) Modified on 8/7/2020 (bcu). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (46 in 1:20-cv-05781-JMF) MOTION for Richard N. Coglianese to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21054338. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the motion to appear pro hac vice was spread to multiple civil cases;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice in the lead case and a separate Motion to Appear Pro Hac Vice in each case and pay the filing fee for each motion - 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.. Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF(bcu) |
| Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held via teleconference on 8/5/2020. Matthew Colangelo (Liaison Counsel), Elena Goldstein (for State of N.Y.), Dale Ho (for N.Y.I.C.) present for Plaintiffs. Allison Rovner (Liaison Counsel) and Jeffrey Oestericher present for Defendants. Court reporter present. -- See transcript. Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF (ab) |
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Filing 45
ORDER re: (42 in 1:20-cv-05781-JMF) Letter, filed by Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Donald J. Trump, Steven Dillingham, (37 in 1:20-cv-05770-JMF) Letter, filed by United States Department of Commerce, Bureau of the Census, Wilbur L. Ross Jr., Steven Dillingham, Donald J. Trump. In their joint later dated August 3, 2020, the parties state that they agree that 20 Civ. 5770 and 20 Civ. 5781 should be consolidated pursuant to Fed. R. Civ. P. 42(a)(2). 20-CV- 5770, ECF No. 37, at 1; 20-CV-5781, ECF No. 42, at 1. 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 20-CV-5770 (JMF). The Clerk of Court is directed to consolidate 20- CV-5770 (JMF) and 20-CV-5781 (JMF) under case number 20-CV-5770 (JMF), and to close 20-CV-5781 (JMF). All future filings should be in 20-CV-5770 (JMF) alone. (Signed by Judge Jesse M. Furman on 8/4/2020) Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF (nb)
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Filing 44
MEMORANDUM OPINION AND ORDER re: #39 MOTION for Order to Show Cause and #38 MOTION to Intervene: For the reasons set forth within, Heghmann's motion to intervene must be and is DENIED. It follows that his request to participate in the conference scheduled for August 5, 2020, is also DENIED. The Clerk of Court is directed to terminate ECF Nos. 38 and 39. (Signed by Judge Jesse M. Furman on 8/4/2020) (ab)
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| CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-05770-JMF. (nb) |
| Filing 43 NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., Donald J. Trump, United States Department of Commerce..(Oestericher, Jeffrey) |
| Filing 42 LETTER addressed to Judge Jesse M. Furman from AUSA Allison Rovner dated August 3, 2020 re: joint submission for initial conference. Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., Donald J. Trump, United States Department of Commerce..(Rovner, Allison) |
| Filing 41 NOTICE OF APPEARANCE by Allison Rovner on behalf of Bureau of the Census, Steven Dillingham, Wilbur L. Ross, Jr., Donald J. Trump, United States Department of Commerce..(Rovner, Allison) |
| Filing 40 MEMORANDUM OF LAW in Support of re: #39 MOTION for Order to Show Cause. (Attachments: #1 Exhibit, #2 Exhibit).Document filed by Robert Heghmann.(sc) |
| Filing 39 MOTION FOR ORDER TO SHOW(Cause), MOTIONS FOR PRELIMINARY & PERMANENT INJUNCTIONS. Document filed by Robert Heghmann. (sc) |
| Filing 38 MOTION TO INTERVENE.. (Attachments: #1 Proposed Intervenor Complaint). Document filed by Robert Heghmann.(sc) |
| Filing 37 ELECTRONIC SUMMONS ISSUED as to Wilbur L. Ross, Jr...(dnh) |
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Filing 36
ORDER: In light of Plaintiffs' joint letter of earlier today, see 20-CV-5770 (JMF), ECF No. 31, the initial pretrial conference in these cases which will be held remotely by telephone is RESCHEDULED for Wednesday, August 5, 2020, at 9:30 a.m. The deadline for the parties' joint letter required by the Court's Order of July 28, 2020, see 20-CV-5770 (JMF), ECF No. 24, is MOVED to Monday, August 3, 2020, at 5:00 p.m... Members of the public and any counsel who will not have a speaking role during the conference may access the conference by calling 888-363-4749 and using access code 5421540#. That line will be on listen-only mode that is, all callers will be muted. (See ORDER.) (Signed by Judge Jesse M. Furman on 7/31/2020) (ab)
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| Filing 35 REQUEST FOR ISSUANCE OF SUMMONS as to Wilbur L. Ross, Jr., re: #1 Complaint,. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA, FIEL Houston Inc, Make the Road New York, Casa, New York Immigration Coalition..(Freedman, John) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Arak Freedman to RE-FILE Document No. #34 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; the party name listed on the summons PDF must appear EXACTLY as it does on the pleading. 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. (dnh) |
| Filing 34 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Wilbur L. Ross, Jr., re: #1 Complaint,. Document filed by CASA, FIEL Houston Inc, Make the Road New York, Casa, New York Immigration Coalition..(Freedman, John) Modified on 7/31/2020 (dnh). |
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Filing 33
ORDER granting #31 Motion for Ceridwen Bonnell Cherry to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 32
ORDER granting #30 Motion for Sophia Lin Lakin to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for Ceridwen Bonnell Cherry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20910782. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 31 MOTION for Ceridwen Bonnell Cherry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20910782. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA, Make the Road New York, Casa, New York Immigration Coalition. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Proposed Order).(Ho, Dale) |
| Filing 30 MOTION for Sophia Lin Lakin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20909509. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA, Make the Road New York, Casa, New York Immigration Coalition. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Proposed Order).(Ho, Dale) |
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Filing 29
ORDER granting #28 Motion for Sarah Elizabeth Brannon to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 28 MOTION for Sarah Elizabeth Brannon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20908596. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA, Make the Road New York, Casa, New York Immigration Coalition. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Proposed Order).(Brannon, Sarah) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Arak Freedman to RE-FILE Document No. #27 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. 'As to' Error; party names in the 'as to' docket entry text must match exactly as they appear on the pleading (Wilbur L. Ross, Jr. ). 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. (dnh) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Sophia Lin Lakin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20909509. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Sarah Elizabeth Brannon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20908596. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 27 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Wilbur Ross, re: #1 Complaint,. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA, FIEL Houston Inc, Make the Road New York, Casa, New York Immigration Coalition..(Freedman, John) Modified on 7/29/2020 (dnh). |
| Filing 26 ELECTRONIC SUMMONS ISSUED as to Bureau of the Census..(dnh) |
| Filing 25 ELECTRONIC SUMMONS ISSUED as to Steven Dillingham..(dnh) |
| Filing 24 ELECTRONIC SUMMONS ISSUED as to United States Department of Commerce..(dnh) |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to Donald J. Trump..(dnh) |
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Filing 22
ORDER: Yesterday, the S.D.N.Y. Assignment Committee determined that, pursuant to Rule 13 of the S.D.N.Y. Rules for the Division of Business Among District Judges, these two cases should be assigned to the undersigned as related to State of New York v. U.S. Department of Commerce, 18-CV-2921 (JMF).... Given the time sensitivities involved with the issues in this case, and the inability to safely convene for an in-person conference in light of the COVID-19 pandemic, the Court will hold an initial pretrial conference with all parties by telephone on Thursday, August 13, 2020, at 2:15 p.m.... (See ORDER.) (Signed by Judge Jesse M. Furman on 7/28/2020) (ab)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Arak Freedman to RE-FILE Document No. #16 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As to' Error; party names in the 'as to' docket entry text must match exactly as they appear on the pleading. 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. (dnh) |
| Filing 21 NOTICE OF APPEARANCE by Jonathan Topaz on behalf of ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA, Make The Road - New York, The New York Immigration Coalition..(Topaz, Jonathan) |
| Filing 20 NOTICE OF APPEARANCE by Adriel Ivan Cepeda Derieux on behalf of ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA, Make The Road - New York, The New York Immigration Coalition..(Cepeda Derieux, Adriel) |
| Filing 19 NOTICE OF APPEARANCE by Perry Grossman on behalf of ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA, FIEL Houston Inc, Make The Road - New York, The New York Immigration Coalition..(Grossman, Perry) |
| Filing 18 NOTICE OF APPEARANCE by Davin Mckay Rosborough on behalf of ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA, Make The Road - New York, The New York Immigration Coalition..(Rosborough, Davin) |
| Filing 17 NOTICE OF APPEARANCE by Dale E. Ho on behalf of ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA, Make The Road - New York, The New York Immigration Coalition..(Ho, Dale) |
| Filing 16 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Wilbur L. Ross, re: #1 Complaint,. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA, FIEL Houston Inc, Make The Road - New York, The New York Immigration Coalition..(Freedman, John) Modified on 7/28/2020 (dnh). |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Bureau of the Census, re: #1 Complaint,. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA, FIEL Houston Inc, Make The Road - New York, The New York Immigration Coalition..(Freedman, John) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Steven Dillingham, re: #1 Complaint,. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA, FIEL Houston Inc, Make The Road - New York, The New York Immigration Coalition..(Freedman, John) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Commerce, re: #1 Complaint,. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA, FIEL Houston Inc, Make The Road - New York, The New York Immigration Coalition..(Freedman, John) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Donald J. Trump, re: #1 Complaint,. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA, FIEL Houston Inc, Make The Road - New York, The New York Immigration Coalition..(Freedman, John) |
| Filing 11 CIVIL COVER SHEET filed..(Freedman, John) |
| Magistrate Judge Barbara C. Moses 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Arak Freedman. The party information for the following party/parties has been modified: Donald J. Trump; Wilbur Ross; United States Bureau of the Census; Stephen Dillingham. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo) |
| Case Designated ECF. (jgo) |
| ***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): similar case number is on the incorrect section of the PDF; Jury Demand code was not selected;. 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 at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
| ***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): party names on the 'as to' docket entry text must match exactly as they appear on the pleading caption; each summons must be filed separately OR one summons request may be filed with a 'rider' attached;. 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) |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Lewis J. Liman is no longer assigned to the case..(wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:18-cv-02921-JMF. Notice of Assignment to follow. (wb) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Immigration Coalition..(Freedman, John) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Make The Road - New York..(Freedman, John) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by FIEL Houston Inc..(Freedman, John) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CASA..(Freedman, John) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American-Arab Anti-Discrimination Committee..(Freedman, John) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ADC Research Institute..(Freedman, John) |
| Filing 4 FILING ERROR - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Donald J. Trump; United States Department of Commerce; Wilbur Ross; United States Bureau of the Census, and Stephen Dillingham, re: #1 Complaint,. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA, FIEL Houston Inc, Make The Road - New York, The New York Immigration Coalition..(Freedman, John) Modified on 7/27/2020 (jgo). |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to Civil case 1:18-cv-02921 (JMF). Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA, FIEL Houston Inc, Make The Road - New York, The New York Immigration Coalition..(Freedman, John) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Freedman, John) Modified on 7/27/2020 (jgo). |
| Filing 1 COMPLAINT against Stephen Dillingham, Wilbur Ross, Donald J. Trump, United States Bureau of the Census, United States Department of Commerce. (Filing Fee $ 400.00, Receipt Number ANYSDC-20842473)Document filed by FIEL Houston Inc, American-Arab Anti-Discrimination Committee, CASA, ADC Research Institute, The New York Immigration Coalition, Make The Road - New York..(Freedman, John) |
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