Case: ACORN v. United States

1:09-cv-04888 | U.S. District Court for the Eastern District of New York

Filed Date: Nov. 12, 2009

Clearinghouse coding complete

Case Summary

On November 12, 2009, The Association of Community Organizations for Reform Now (ACORN), the ACORN Institute, and the New York ACORN Housing Company filed filed a case in the District Court for the Eastern District of New York challenging Congress's defunding of the organization. ACORN is a non-profit Arkansas Corporation headquartered in Brooklyn. It is dedicated to organizing and assisting low-income people through voter registration, home loan and foreclosure counseling, public housing and …

On November 12, 2009, The Association of Community Organizations for Reform Now (ACORN), the ACORN Institute, and the New York ACORN Housing Company filed filed a case in the District Court for the Eastern District of New York challenging Congress's defunding of the organization.

ACORN is a non-profit Arkansas Corporation headquartered in Brooklyn. It is dedicated to organizing and assisting low-income people through voter registration, home loan and foreclosure counseling, public housing and food stamp awareness, and other programs. The ACORN Institute, Inc. a non-profit corporation headquartered in New Orleans, and the New York ACORN Housing Company are not subsidiaries of ACORN but work closely with the nationwide organization. All three organizations collaborate with federal, state, and local governments and other institutions, and receive federal funding.

In September 2009, anti-ACORN activists posed as prostitutes and secretly videotaped ACORN employees. The tapes purportedly showed employees giving the activists tax advice on running illegal businesses including sex trafficking. ACORN's complaint denied the allegations and said it fired the employees. In response to the video, Congress enacted specific prohibitions against funding ACORN in several "continuing resolutions," which Congress enacts when the new fiscal year is about to begin and they have not yet enacted a regular appropriations act.

These temporary acts authorized administrative agencies to distribute grants but contained an express condition forbidding grants to ACORN or any organization related to it. For example, Section 163 read: "None of the funds made available by this joint resolution or any prior Act may be provided to the Association of Community Organizations for Reform Now ("ACORN"), or any of ACORN'S affiliates, subsidiaries, or allied organizations."

The Office of Management and Budget issued a memo on October 7, 2009, warning all agency heads not to appropriate funds to ACORN and its affiliates in 2009 or 2010, even if the agency had already appropriated the funds to ACORN. The Department of Housing and Urban Development, in response, suspended funding to ACORN.

According to the complaint, the cryptic language of the appropriation's acts ("any of ACORN's affiliates, subsidiaries, or allied organizations") made ACORN a pariah. Banks, universities, and other organizations who had partnered with ACORN feared this broad language would bring them under congressional scrutiny as well. State agencies and private parties cancelled contracts. ACORN alleged the acts deprived it of grants and forced it to lay off up to 85 percent of its staff.

Plaintiffs allege that: (1) by singling out ACORN specifically, the appropriation acts were unconstitutional bills of attainder, violating Article I, Section 9 of the U.S. Constitution; (2) the acts violated ACORN's First Amendment rights and those of its past partners because the language "any affiliates, subsidiaries, or allied organizations" was vague and overbroad; and (3) the acts violated the Fifth Amendment because in dealing with ACORN the agencies did not follow due process procedures to withholding grants from criminal or fraudulent enterprises.

On November 13, 2009, the court (Judge Nina Gershon) denied plaintiffs' motion for a temporary restraining order. However, on December 11, 2009, the court granted ACORN a preliminary injunction. Furthermore, on March 10, 2010, the court granted a declaratory judgment and a permanent injunction in favor of the plaintiffs. The court found that the appropriations acts were unconstitutional bills of attainder because the acts functioned as "punishment," which is a function reserved solely to the judicial branch. Deprivation of future funding opportunities, according to the court, was "punishment." The Court held that the remarks of Congress and the fact that there was no investigation of ACORN demonstrated congressional intent to punish.

The court issued a declaratory judgment that the appropriations acts were unconstitutional bills of attainder. The court also found that reputational injury to ACORN alone was enough to warrant a permanent injunction, which enjoined agency personnel from enforcing the conditions in the acts and ordered Director Orszag of the OMB to draft a new memorandum advising agencies that the acts were unenforceable.

The defendants moved to stay the injunction pending appeal, which motion the district court denied on March 31, 2010. However, the U.S. Court of Appeals for the Second Circuit, (Judge Gerald Lynch), approved a temporary administrative stay on April 2, 2010. Then, a three judge panel consisting of Judges Roger Miner, Jose Cabranes, and Richard Wesley issued a stay of the declaratory judgment and the permanent injunction on April 21, 2010.

On August 13, 2010 the 2nd Circuit unanimously reversed the district court's decision on the Bill of Attainder victory. The court found ACORN had standing but no bill of attainder claims. They sent the case back to the District Court to look at First Amendment and Due Process violations.

Due to their struggles with their bankruptcy proceedings, the Plaintiffs agreed to dismissal of the case (with prejudice) on August 1, 2011.

Summary Authors

Joshua Arocho (6/18/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4320085/parties/acorn-v-united-states-of-america/


Judge(s)

Bloom, Lois S. (New York)

Cabranes, José Alberto (Connecticut)

Gershon, Nina (New York)

Lynch, Gerard E. (New York)

Miner, Roger Jeffrey (New York)

Wesley, Richard C. (New York)

Attorneys(s) for Plaintiff

Charney, Darius (New York)

Goodman, William Harry (Michigan)

Hurwitz, Julie H. (Michigan)

Lobel, Jules L. (Pennsylvania)

Judge(s)

Bloom, Lois S. (New York)

Cabranes, José Alberto (Connecticut)

Gershon, Nina (New York)

Lynch, Gerard E. (New York)

Miner, Roger Jeffrey (New York)

Wesley, Richard C. (New York)

Attorneys(s) for Plaintiff

Charney, Darius (New York)

Goodman, William Harry (Michigan)

Hurwitz, Julie H. (Michigan)

Lobel, Jules L. (Pennsylvania)

Quigley, William (New York)

Schwartz, Arthur Z. (New York)

Attorneys(s) for Defendant

Amanat, F. Franklin (New York)

Campbell, Benton J (New York)

Cohen, Bradley H. (District of Columbia)

Gershengorn, Ian Heath (District of Columbia)

Gilbert, Helen L (District of Columbia)

Leary, Peter D (District of Columbia)

Sitcov, Michael (District of Columbia)

West, Tony (District of Columbia)

Documents in the Clearinghouse

Document

Docket - Court of Appeals

U. S. Court of Appeals for the Second Circuit

May 5, 2010 Docket

Docket

Aug. 3, 2011 Docket
1

Complaint

Nov. 11, 2009 Complaint
9

Opinion and Order [Granting Plaintiffs' Motion for Preliminary Injunction]

662 F.Supp.2d 285

Dec. 11, 2009 Order/Opinion
15

Memorandum of Law in Support of Plaintffs' Motion to Modify or Amend the Preliminary Injunction

Dec. 17, 2009 Pleading / Motion / Brief
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First Amended Complaint for Injunctive and Declaratory Relief

Dec. 17, 2009 Complaint
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Federal Defendants' Response to Plaintiffs' Motion to Modify or Amend the Preliminary Injunction

Dec. 18, 2009 Pleading / Motion / Brief
50

Opinion and Order [Granting Plaintiffs a Permanent Injunction and Declaratory Relief]

692 F.Supp.2d 260

March 10, 2010 Order/Opinion

Press Release

No Court

March 10, 2010 Press Release
53

Motion and Supporting Memorandum to Stay Declaratory Judgment and Permanent Injunction Pending Appeal, Or In Alternative, For A Temporary Administrative Stay . . .

U. S. Court of Appeals for the Second Circuit

March 17, 2010 Pleading / Motion / Brief

Resources

Title Description External URL

An Attack on the Rights of the Poor, Working Class: ACORN v. United States of America

Center for Constitutional Rights

In November 2009, the Center for Constitutional Rights (CCR) filed ACORN v. United States of America on behalf of ACORN, ACORN Institute, Inc. and New York ACORN Housing Company, Inc. in the U.S. Dis… March 8, 2011 https://ccrjustice.org/home/get-involved/tools-resources/fact-sheets-and-faqs/attack-rights-poor-working-class-acorn-v

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4320085/acorn-v-united-states-of-america/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
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COMPLAINT against Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America Disclosure Statement on Civil Cover Sheet completed -No,, filed by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Part 1, # 3 Exhibit Part 2, # 4 Exhibit Part 3, # 5 Exhibit Part 4, # 6 Exhibit Part 5, # 7 Exhibit Part 6) (Davis, Kimberly) (Entered: 11/12/2009)

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Nov. 12, 2009 RECAP
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DISCLOSURE of Interested Parties by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc.. (Davis, Kimberly) (Entered: 11/12/2009)

Nov. 12, 2009 RECAP
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Minute Entry for proceedings held before Senior Judge Nina Gershon:Civil Cause for Preliminary Injunction held on 11/13/2009. Counsel for parties present. Plaintiffs' application for a temporary restraining order was denied on the record. The govt's papers shall be served by 1 PM on 12/1/09; Pltf's response shall be served and filed by 1 PM 12/4/09; Hearing set for 12/4/2009 at 11:00 AM in Courtroom 6D South before Senior Judge Nina Gershon. (Fernandez, Erica) (Entered: 11/20/2009)

Nov. 13, 2009 RECAP
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NOTICE of Appearance by Peter D. Leary on behalf of Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America (aty to be noticed) (Leary, Peter) (Entered: 11/16/2009)

Nov. 16, 2009 PACER
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NOTICE of Appearance by F. Franklin Amanat on behalf of Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America (aty to be noticed) (Amanat, F.) (Entered: 11/16/2009)

Nov. 16, 2009 PACER
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NOTICE of Appearance by Bradley H Cohen on behalf of Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America (aty to be noticed) (Cohen, Bradley) (Entered: 11/25/2009)

Nov. 25, 2009 PACER
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MEMORANDUM in Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Leary, Peter) (Entered: 12/01/2009)

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Dec. 1, 2009 RECAP
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REPLY in Support Plaintiffs' Motion for Preliminary Injunction filed by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc.. (Attachments: # 1 Exhibit G-O) (Charney, Darius) (Entered: 12/03/2009)

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Dec. 3, 2009 PACER
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Minute Entry for proceedings held before Senior Judge Nina Gershon:Preliminary Injunction Hearing held on 12/4/2009. Counsel for parties present. The Court's decision is reserved. (Court Reporter Michele Nardone.) (Fernandez, Erica) (Entered: 01/07/2010)

Dec. 4, 2009 PACER
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OPINION and ORDER. The plaintiffs have established a likelihood of success on the merits of their bill of attainder claim. They have also established the likelihood of irreparable harm absent an injunction and that issuance of a preliminary injunction is in the public interest. Therefore the plaintiffs motion for a preliminary injunction is GRANTED. A preliminary injunction in the following form shall issue:Defendants the UNITED STATES OF AMERICA; SHAUN DONOVAN, in his official capacity as Secretary of the Department of Housing and Urban Development; PETER ORSZAG, in his official capacity as Director of the Office of Management and Budget; and TIMOTHY GEITHNER, in his official capacity as Secretary of the Department of Treasury of the United States; and all those acting in concert with them, are herebyENJOINED, during the pendency of this action, from enforcing Section 163 of Division B Continuing Appropriations Resolution, 2010, Pub. L. No. 111-68, § 163, 123 Stat. 2023, 2053 (2009), as renewed by Division B Further Continuing Appropriations Resolution, 2010, Pub. L. No. 111-88, § 101, 123 Stat. 2904, 2972 (2009), which provides that None of the funds made available by this joint resolution or any prior Act may be provided to the Association of Community Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries, or allied organizations. The defendants are hereby furtherENJOINED, during the pendency of this action, from enforcing the Office ofManagement and Budget Memorandum, entitled Memorandum for the Heads ofExecutive Departments and Agencies providing [g]uidance on [S]ection 163 ofthe Continuing Resolution regarding the Association of CommunityOrganizations for Reform Now (ACORN), dated October 7, 2009. Ordered by Senior Judge Nina Gershon on 12/11/2009. (Vaughn, Terry) (Entered: 12/11/2009)

Dec. 11, 2009 RECAP
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PRELIMINARY INJUNCTION. Defendants the UNITED STATES OF AMERICA; SHAUN DONOVAN, in his official capacity as Secretary of the Department of Housing and Urban Development; PETER ORSZAG, in his official capacity as Director of the Office of Management and Budget; and TIMOTHY GEITHNER, in his official capacity as Secretary of the Department of Treasury of the United States; and all those acting in concert with them, are hereby enjoined as directed in this Preliminary Injunction. Ordered by Senior Judge Nina Gershon on 12/11/2009. (Vaughn, Terry) (Entered: 12/11/2009)

Dec. 11, 2009 RECAP
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Letter dated 12/15/09 from Christopher-Earl to Judge Gershon requesting a premotion conference. (see letter for details) (Fernandez, Erica) (Entered: 12/22/2009)

Dec. 16, 2009 PACER
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MOTION for Reconsideration by Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America. (Attachments: # 1 Exhibit) (Leary, Peter) (Entered: 12/16/2009)

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Dec. 16, 2009 RECAP
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NOTICE OF APPEAL by Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America. (Leary, Peter) (Entered: 12/16/2009)

Dec. 16, 2009 RECAP
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NOTICE by Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America (Leary, Peter) (Entered: 12/16/2009)

Dec. 16, 2009 PACER
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AMENDED COMPLAINT against Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America, filed by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc.. (Attachments: # 1 Exhibit G) (Charney, Darius) (Entered: 12/17/2009)

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Dec. 17, 2009 RECAP
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MOTION to Amend/Correct/Supplement 10 Preliminary Injunction,, 9 Memorandum & Opinion,,,,,,, by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc.. (Charney, Darius) (Entered: 12/17/2009)

Dec. 17, 2009 PACER
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Unsigned Order to Show Cause for Preliminary Injunction by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc. (Charney, Darius) (Entered: 12/17/2009)

Dec. 17, 2009 RECAP
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DECLARATION re 16 Unsigned Order to Show Cause Certificate of Compliance by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc. (Charney, Darius) (Entered: 12/17/2009)

Dec. 17, 2009 PACER
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By motion dated December 16, 2009, defendants move for reconsideration of this courts December 11, 2009, opinion and order granting plaintiffs motion for a preliminary injunction. In the alternative, defendants seek amendment of the injunction. Plaintiffs, on December 17, 2009, submitted an amended complaint. Plaintiffs also seek modification of the preliminary injunction. Defendants are directed to file their response to plaintiffs motion by 5:00 PM on December 18, 2009. Plaintiffs are directed to respond to defendants motion by the same date and time. The parties are directed to appear for a hearing on their motions on Tuesday, December 22, 2009, at 2:30 PM, in Courtroom 6D South, 225 Cadman Plaza East, Brooklyn, New York. Ordered by Senior Judge Nina Gershon on 12/17/2009. (Ehrlich, Julie) (Entered: 12/17/2009)

Dec. 17, 2009 RECAP
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AMENDED COMPLAINT CORRECTED against Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America, filed by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc.. (Attachments: # 1 Exhibit G) (Charney, Darius) (Entered: 12/17/2009)

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Dec. 17, 2009 RECAP
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MEMORANDUM in Opposition re 11 MOTION for Reconsideration filed by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Charney, Darius) (Entered: 12/18/2009)

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Dec. 18, 2009 RECAP
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RESPONSE in Opposition re 15 MOTION to Amend/Correct/Supplement 10 Preliminary Injunction,, 9 Memorandum & Opinion,,,,,,, filed by Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Leary, Peter) (Entered: 12/18/2009)

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Dec. 18, 2009 RECAP
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Letter from F. Franklin Amanat, counsel for defendants, to Judge Gershon, in response/opposition to the letter from Christopher Earl Strunk (a pro se non-party to the action) requesting a premotion conference in connection with his planned motion for leave to intervene as a defendant in this action pursuant to Fed. R. Civ. P. 24, by Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America (Amanat, F.) (Entered: 12/21/2009)

Dec. 21, 2009 RECAP
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MEMORANDUM AND ORDER directing that defendants motion for reconsideration is denied. For reasons stated on the record, the alternative application to strike the United States from the preliminary injunction is also denied. Finally, plaintiffs motion to modify or amend the preliminary injunction is denied without prejudice as described on the record. Ordered by Senior Judge Nina Gershon on 12/22/2009. (Fernandez, Erica) (Entered: 12/22/2009)

Dec. 22, 2009 PACER
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Minute Entry for proceedings held before Senior Judge Nina Gershon:Motion Hearing held on 12/22/2009 re 15 MOTION to Amend/Correct/Supplement 10 Preliminary Injunction, and 9 Memorandum & Opinion,filed by New York Acorn Housing Company, Inc., Acorn, Acorn Institute, Inc; 11 MOTION for Reconsideration; Parties agreed to the following motion schedule: The Govt shall file its objection paper two weeks from the date the plaintiffs serves their motion for a preliminary injunction. A reply shall be served and filed a week from that date.(Court Reporter Victoria Butler.) (Fernandez, Erica) (Entered: 01/07/2010)

Dec. 22, 2009 PACER
25

MOTION to Vacate the Court's December 11, 2009 Injunction and Order by Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America. (Attachments: # 1 Exhibit) (Leary, Peter) (Entered: 12/30/2009)

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Dec. 30, 2009 PACER
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MOTION for Permanent Injunction ( Responses due by 2/10/2010), MOTION for Preliminary Injunction, MOTION for Declaratory Judgment ( Responses due by 2/10/2010), MOTION to Amend/Correct/Supplement Complaint by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc.. (Charney, Darius) (Entered: 01/12/2010)

Jan. 12, 2010 PACER
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MEMORANDUM in Support re 28 MOTION for Permanent Injunction MOTION for Preliminary Injunction MOTION for Declaratory Judgment MOTION to Amend/Correct/Supplement Complaint filed by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc.. (Charney, Darius) (Entered: 01/12/2010)

Jan. 12, 2010 PACER
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MEMORANDUM in Opposition re 25 MOTION to Vacate the Court's December 11, 2009 Injunction and Order filed by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc.. (Charney, Darius) (Entered: 01/13/2010)

Jan. 13, 2010 PACER
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REPLY in Support of Defendants' Motion to Vacate the Court's December 11, 2009 Injunction and Order filed by Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America. (Leary, Peter) (Entered: 01/20/2010)

Jan. 20, 2010 PACER
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NOTICE of Motion to Intervene as a Ex-Relator-Intervener-Defendant USA Citizen and State of New York Citizen filed by Christopher Earl (pro se non party to this action) (Fernandez, Erica) (Entered: 01/26/2010)

Jan. 20, 2010 PACER
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ORDER directing that pursuant to FRCP 65(a)(2), Plaintiffs' motion for preliminary injunction is consolidated with their motions for a permanent injunction and declaratory judgment; Ordered that Defendants shall file and serve their response to Plaintiffs' consolidated motion by no later than 6:00 PM on 2/2/2010, and that Plaintiffs shall file and serve their reply papers in support of their consolidated motion by no later than 6:00 PM on 2/9/2010; Ordered that Plaintiffs' motion for leave to file a second amended complaint in this action is GRANTED. Ordered by Senior Judge Nina Gershon on 1/20/2010. (Fernandez, Erica) (Entered: 01/21/2010)

Jan. 21, 2010 PACER
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AMENDED COMPLAINT Second Amended Complaint for Injunctive and Declaratory Relief against Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America, filed by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc.. (Attachments: # 1 Exhibit H) (Charney, Darius) (Entered: 01/25/2010)

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Jan. 25, 2010 PACER
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ORDER directing parties to respond to "Notice of Motion to Intervene" 34 Ordered by Senior Judge Nina Gershon on 1/26/2010. (Mask, Deirdre) (Entered: 01/26/2010)

Jan. 26, 2010 PACER
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Letter Regarding Omitted Exhibit to Plaintiffs' Motion for Declaratory Judgment and Preliminary and Permanent Injunction by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc. (Charney, Darius) (Entered: 01/28/2010)

Jan. 28, 2010 PACER
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ORDER re 36 directing plaintiffs to submit courtesy paper copies of each of its exhibits contained on the CD submitted at the time of filing. Ordered by Senior Judge Nina Gershon on 1/29/2010. (Mask, Deirdre) (Entered: 01/29/2010)

Jan. 29, 2010 PACER
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MEMORANDUM in Opposition to Plaintiffs' Motion and in Support of Defendants' Cross-Motion to Dismiss and for Summary Judgment filed by Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America. (Attachments: # 1 Notice of Motion, # 2 Rule 56.1 Statement, # 3 Exhibit Index of Exhibits, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit) (Leary, Peter) (Entered: 02/02/2010)

2 Notice of Motion

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Feb. 2, 2010 PACER
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Notice of MOTION for Summary Judgment and Cross Motion to Dismiss by Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America. (Attachments: # 1 Proposed Order) (Leary, Peter) (Entered: 02/03/2010)

2 Proposed Order

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Feb. 3, 2010 PACER
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MEMORANDUM in Opposition re 34 Notice (Other) of Motion to Intervene by Pro Se Non Party Christopher Earl Strunk, filed by Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America. (Attachments: # 1 Notice to Pro Se Litigant Pursuant to Local Civil Rule 7.1(c)) (Amanat, F.) (Entered: 02/09/2010)

2 Notice to Pro Se Litigant Pursuant to Local Civil Rule 7.1(c)

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Feb. 9, 2010 PACER
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MEMORANDUM in Opposition re 34 Notice (Other) Motion to Intervene by Non-Party Christopher Strunk filed by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc.. (Charney, Darius) (Entered: 02/09/2010)

Feb. 9, 2010 PACER
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REPLY in Support re 28 MOTION for Permanent Injunction MOTION for Preliminary Injunction MOTION for Declaratory Judgment MOTION to Amend/Correct/Supplement Complaint filed by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc.. (Attachments: # 1 Exhibit List, # 2 Exhibit N, # 3 Exhibit O, # 4 Exhibit P, # 5 Exhibit Q) (Charney, Darius) (Entered: 02/09/2010)

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Feb. 9, 2010 PACER
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RULE 56.1 STATEMENT re 39 Notice of MOTION for Summary Judgment and Cross Motion to Dismiss, 28 MOTION for Permanent Injunction MOTION for Preliminary Injunction MOTION for Declaratory Judgment MOTION to Amend/Correct/Supplement Complaint filed by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc.. (Charney, Darius) (Entered: 02/09/2010)

Feb. 9, 2010 PACER
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MOTION for Extension of Time to File a Local Civil Rule 56.1(b) Response by Timothy Geithner, Peter Orszag, United States of America. (Leary, Peter) (Entered: 02/22/2010)

Feb. 22, 2010 PACER
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MOTION for Leave to File Additional Affadavit in Support of Motion for Declaratory Judgment and Preliminary and Permanent Injunction by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc.. (Attachments: # 1 Affidavit) (Charney, Darius) (Entered: 02/25/2010)

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Feb. 25, 2010 PACER
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AFFIDAVIT/DECLARATION in Support re 28 MOTION for Permanent Injunction MOTION for Preliminary Injunction MOTION for Declaratory Judgment MOTION to Amend/Correct/Supplement Complaint Additional Affidavit of Ismene Speliotis filed by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc.. (Charney, Darius) (Entered: 03/01/2010)

March 1, 2010 PACER
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RULE 56.1 STATEMENT Defendants' 56.1(b) Response to Plaintiffs' Statement of Material Facts filed by Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Leary, Peter) (Entered: 03/01/2010)

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March 1, 2010 PACER
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Letter to Defense Counsel re the Dissolution of Acorn by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc. (Charney, Darius) (Entered: 03/02/2010)

March 2, 2010 PACER
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ORDER re 34 Notice of Motion to Intervene by Christopher Earl Strunk; Therefore, he has not met the requirements for either intervention as of right under Fed.R.Civ.P.24(a) or for permissive intervention under Fed.R.Civ.P.24(b). The motion is denied. Ordered by Senior Judge Nina Gershon on 3/8/2010. (Fernandez, Erica) (Entered: 03/09/2010)

March 9, 2010 RECAP
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OPINION AND ORDER directing that Plaintiffs have prevailed on their bill of attainder claim. They have also established irreparable harm and the need for both declaratory and injunctive relief. Therefore plaintiffs' motion for declaratory relief and a permanent injunction is GRANTED 28 . The government's "cross-motion to dismiss and for summary judgment" is DENIED 39 . The government's motion to vacate ACORN I is DENIED 25 . Ordered by Senior Judge Nina Gershon on 3/10/2010. (Fernandez, Erica) (Entered: 03/10/2010)

March 10, 2010 PACER
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DECLARATORY JUDGMENT AND PERMANENT INJUNCTION. Ordered by Senior Judge Nina Gershon on 3/10/2010. (Fernandez, Erica) (Entered: 03/10/2010)

March 10, 2010 PACER
52

NOTICE OF APPEAL as to 50 Order on Motion to Vacate, Order on Motion for Permanent Injunction, Order on Motion for Preliminary Injunction, Order on Motion for Declaratory Judgment, Order on Motion to Amend/Correct/Supplement, Order on Motion for Summary Judgment,,,,,,,,,,,, 51 Judgment, Permanent Injunction by Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America.No fee. Service done electronically. (Cohen, Bradley) Modified on 3/18/2010 (McGee, Mary Ann). (Entered: 03/17/2010)

March 17, 2010 PACER
53

MOTION to Stay Declaratory Judgment and Permanent Injunction Pending Appeal, or in the Alternative, for a Temporary Administrative Stay by Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America. (Cohen, Bradley) (Entered: 03/17/2010)

March 17, 2010 PACER
54

MEMORANDUM in Opposition re 53 MOTION to Stay Declaratory Judgment and Permanent Injunction Pending Appeal, or in the Alternative, for a Temporary Administrative Stay filed by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Charney, Darius) (Entered: 03/26/2010)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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March 26, 2010 PACER
55

REPLY in Support re 53 MOTION to Stay Declaratory Judgment and Permanent Injunction Pending Appeal, or in the Alternative, for a Temporary Administrative Stay and Response to Plaintiffs' Cross-Motion filed by Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America. (Attachments: # 1 Declaration) (Cohen, Bradley) (Entered: 03/30/2010)

2 Declaration

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March 30, 2010 RECAP
56

ORDER denying 53 Motion to Stay. Ordered by Senior Judge Nina Gershon on 3/31/2010. (Mask, Deirdre) (Entered: 03/31/2010)

March 31, 2010 RECAP
57

ORDER of USCA as to 12 Notice of Appeal filed by Timothy Geithner, Shaun Donovan, Peter Orszag, United States of America, 52 Notice of Appeal, filed by Timothy Geithner, Shaun Donovan, Peter Orszag, United States of America. It is Ordered that the motion of the Government for an administrative stay pending resolution of its motion for further stay pending resolution of its appeal from the Order of the District Court is granted. Appellees are granted until Monday morning 4/5/10 at 10:00 a.m. to file a response to the Government's motion. The motion for a stay pending appeal will be determined by a three-judge motions panel as soon as possible. The parties are directed to confer and present the Court on Monday at 10:00 a.m. with either agreed dates for briefing of an expedited appeal, or competing proposals for such a schedule. Certified: 4/2/10. USCA#10-992. (McGee, Mary Ann) (Entered: 04/02/2010)

April 2, 2010 PACER
58

NOTICE OF APPEAL as to 49 Order. Christopher Earl Strunk, self-represented Petitioner for Intervention as a Defendant, appeals from Order of 3/8/10. No fee paid. Mr. Strunk via telephone notified of filing fee. Also notified that to have an expedited appeal it is necessary to motion the USCA. Service done electronically. (McGee, Mary Ann) (Entered: 04/07/2010)

April 6, 2010 PACER
59

MOTION for Extension of Time to File Attorneys Fees Application by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc.. (Charney, Darius) (Entered: 04/08/2010)

April 8, 2010 PACER
60

MOTION for Leave to Appeal in forma pauperis by Christopher Earl Strunk. (McGee, Mary Ann) (Main Document 60 replaced on 4/20/2010) (Fernandez, Erica). (Entered: 04/19/2010)

April 13, 2010 PACER
61

RESPONSE in Opposition re 60 MOTION for Leave to Appeal in forma pauperis : Letter from AUSA F. Franklin Amanat, on behalf of all defendants, respectfully asking the Court to deny Strunk's application for IFP status and to make a formal finding that any appeal from 49 this Court's March 9, 2010, Order denying intervention would not be taken in good faith, filed by Shaun Donovan, Timothy Geithner, Peter Orszag, United States of America. (Amanat, F.) (Entered: 04/22/2010)

April 22, 2010 RECAP
62

ORDER denying 60 Motion for Leave to Appeal in forma pauperis. Ordered by Senior Judge Nina Gershon on 4/27/2010. (Sica, Michele) (Entered: 04/29/2010)

April 29, 2010 RECAP
63

MANDATE of USCA as to 58 Notice of Appeal filed by Christopher Strunk. A NOA was filed on 4/6/10. The Fee was due on 4/6/10. It is Ordered that the appeal is dismissed effective 5/5/10. Mandate issued on 6/28/10. (Gonzalez, Mary) (Entered: 06/29/2010)

June 28, 2010 PACER
64

MANDATE of USCA as to 52 Notice of Appeal, filed by Timothy Geithner, Shaun Donovan, Peter Orszag, United States of America. It is Ordered that the judgment of the District Court is affirmed in part and vacated in part. Remanded for further proceedings as to the Pltffs' First Amendment and due process claims. Issued as Mandate: 12/17/10. USCA#10-0992-cv. Chambers notified. (McGee, Mary Ann) (Entered: 12/17/2010)

Dec. 17, 2010 PACER
65

Letter Updating the Court on the Status of the Case by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc. (Charney, Darius) (Entered: 04/28/2011)

April 28, 2011 PACER
66

ORDER re 65 ; Plaintiffs request that this Court stay any further proceedings in this case until after the Supreme Court has ruled on Plaintiffs' certiorari petition; Application granted. Ordered by Senior Judge Nina Gershon on 5/2/2011. (Fernandez, Erica) (Entered: 05/09/2011)

May 9, 2011 PACER
67

Letter to the Court Providing Case Status Update by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc. (Charney, Darius) (Entered: 07/06/2011)

July 6, 2011 PACER
68

ORDER re 67 : Plaintiffs request that the Court continue to stay any further proceedings in this case until August 1, 2011. So Ordered by Senior Judge Nina Gershon on 7/8/2011. (Fernandez, Erica) Modified on 7/13/2011 to correct Judge (Fernandez, Erica). (Entered: 07/12/2011)

July 12, 2011 PACER
69

STIPULATION of Dismissal by Acorn, Acorn Institute, Inc., New York Acorn Housing Company, Inc. (Charney, Darius) (Entered: 08/01/2011)

Aug. 1, 2011 RECAP
70

STIPULATION AND ORDER DISMISSING CASE: IT IS HEREBY STIPULATED AND AGREED:Pursuant to Federal Rule of Civil Procedure 41(a)(I)(A)(ii), the parties hereby jointly stipulate to the dismissal of this action with prejudice. The parties will bear their own costs and fees. Ordered by Senior Judge Nina Gershon on 8/1/2011. (Fernandez, Erica) (Entered: 08/03/2011)

Aug. 3, 2011 PACER

State / Territory: New York

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Nov. 12, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Non-profit community organization of low-and moderateincome families

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States of America (Washington), Federal

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted