Case: Citizens for Responsibility and Ethics in Washington (CREW) v. Trump

1:17-cv-00458 | U.S. District Court for the Southern District of New York

Filed Date: Jan. 23, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 23, 2017, the Citizens for Responsibility and Ethics in Washington (CREW) filed a complaint against President Donald J. Trump, arguing that he had violated the Emoluments Clauses of the U.S. Constitution. The suit was filed in the U.S. District Court for the Southern District of New York, and assigned to Judge George B. Daniels.The complaint alleged that because President Trump had refused to step away from his businesses while he was in office, he was receiving benefits from the U.S…

On January 23, 2017, the Citizens for Responsibility and Ethics in Washington (CREW) filed a complaint against President Donald J. Trump, arguing that he had violated the Emoluments Clauses of the U.S. Constitution. The suit was filed in the U.S. District Court for the Southern District of New York, and assigned to Judge George B. Daniels.

The complaint alleged that because President Trump had refused to step away from his businesses while he was in office, he was receiving benefits from the U.S. government and foreign countries through valuable real estate deals at home and abroad, leases of his buildings, and guests and events at his properties. The plaintiff alleged that his acceptance of these benefits violated the Constitution and created doubt about whose interests he was actually representing while negotiating with foreign countries. The plaintiff sought a judgment declaring that this conduct violated the Emoluments Clauses, and injunctive relief to prevent further violations.

The complaint was later amended to include as plaintiffs:

  • a nonprofit organization engaged in the protection of workers in the restaurant market and in managing its own restaurant;
  • an individual who worked in the hotel market and whose compensation was tied to a percentage of the revenue of the events she booked for foreign governments in hotels; and
  • the owner of several hotels, restaurants, bars and event spaces in New York, which attract foreign government clients and U.S. government officials.
On June 9, 2017, the President moved to dismiss, arguing that the plaintiffs had failed to establish a sufficiently concrete injury, and that their alleged injury did not fall within the “zone of interests” of the Emoluments Clauses (which were intended to protect against corruption and foreign influence, not to protect business competitors). In other words, the clauses should only apply to personal compensation, not to transactions involving companies in which the President had financial interest in. Finally, the President claimed that an injunction against him in his official capacity would be unconstitutional.

The district court granted the President’s motion to dismiss on December 21, 2017. 276 F.Supp.3d 174. It found that the plaintiffs had failed to allege a sufficient injury stemming from the President’s actions. Regarding the injury alleged by the plaintiffs with ties to the hotel and restaurant industry, the court found that Donald Trump had already been wealthy and famous before becoming president, and that it was natural that interest in his properties would generally increase after he was elected. The court also held that the plaintiffs’ alleged injury did not fall within the zone of interests of the Emoluments Clauses. The court also concluded that the question of whether the President could continue to receive income from foreign governments through his private businesses without the consent of Congress was a non-justiciable political question.

On February 16, 2018, the plaintiffs filed a notice of appeal (Second Circuit, Docket 18-474). In their brief, filed on April 24, 2018, they argued that the President’s acceptance of emoluments had tilted the marketplace and skewed the incentives of its participants, disadvantaging (and thus injuring) the plaintiffs, who competed with Trump hotels and restaurants for governmental business. The plaintiffs reasoned that the Emoluments Clauses sought to achieve goals of preventing corruption, tempering foreign influence, and respecting federalism, and thereby to protect individuals from the personal harms that result from a violation of these constitutional principles. Therefore, they argued that the complaint fell within the Emoluments Clauses’ zone of interests. The plaintiffs also addressed the argument that the issue was barred by the political question doctrine. First, the Domestic Emoluments Clause did not include any provision about a possible congressional consent. Second, the Foreign Emoluments Clause made it clear that without congressional consent, it was illegal for certain federal officers to accept any foreign emoluments. Additionally, the plaintiffs argued, if the Foreign Emoluments Clause could be enforced only by Congress, as the district court had concluded, it would make little sense—Congress would not need to give “consent” to foreign emoluments in order to validate them. Hence, the plaintiffs asserted that so long as Congress remained silent, the President was breaking the law by accepting emoluments, and injured parties must be able to seek redress in federal court.

The Second Circuit heard oral argument on October 30, 2018, and issued its opinion nearly a year later on September 13, 2019. It vacated the district court’s ruling and sent the case back for further proceedings, finding that the district court had erred in several ways. First, the case was not barred by the political question doctrine. “In the undisputed absence of Congressional consent, the President has violated this provision of the Constitution, if…he has accepted what the Constitution describes as ‘emoluments.’” The definition of emoluments was not something for the political branches to decide, but rather it was the responsibility of the federal courts to find the facts and interpret the Constitution. “The mere possibility that Congress might grant consent does not render the dispute non-justiciable.” Second, the plaintiffs had standing. Third, the Supreme Court’s recent decision in Bank of America Corp. v. City of Miami had made it clear that the zone of interests question did not affect plaintiffs’ standing or courts’ jurisdiction. The district court had therefore erred in dismissing for lack of jurisdiction. The Second Circuit went on to conclude that the plaintiffs’ claims were actually within the zone of interests of the Emoluments Clauses; however, it amended its opinion on March 30, 2020, deleting the zone of interests merits analysis. 953 F.3d 178.

The President petitioned the Second Circuit for rehearing en banc. That petition, submitted October 28, 2019, is still pending as of July 24, 2020.

Summary Authors

Daniele de Oliveira Nunes (10/5/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4571964/parties/citizens-for-responsibility-and-ethics-in-washington-v-trump/


Judge(s)

Daniels, George B. (New York)

Leval, Pierre Nelson (New York)

Attorneys(s) for Plaintiff

Bloomekatz, Rachel (District of Columbia)

Bookbinder, Noah D. (District of Columbia)

Braun, Robert Abraham (New York)

Chemerinsky, Erwin (California)

Eisen, Norman L (District of Columbia)

Farah, George Fuad (New York)

Gupta, Deepak (District of Columbia)

Matz, Joshua (District of Columbia)

Judge(s)

Daniels, George B. (New York)

Leval, Pierre Nelson (New York)

Attorneys(s) for Plaintiff

Bloomekatz, Rachel (District of Columbia)

Bookbinder, Noah D. (District of Columbia)

Braun, Robert Abraham (New York)

Chemerinsky, Erwin (California)

Eisen, Norman L (District of Columbia)

Farah, George Fuad (New York)

Gupta, Deepak (District of Columbia)

Matz, Joshua (District of Columbia)

McPhail, Stuart C. (District of Columbia)

Painter, Richard W (District of Columbia)

Rappaport, Adam J (District of Columbia)

Sellers, Joseph Marc (District of Columbia)

Small, Daniel A. (District of Columbia)

Spurlock, Matthew Douglas (District of Columbia)

Taylor, Jonathan Ellis (District of Columbia)

Teachout, Zephyr (New York)

Townsend, Daniel (District of Columbia)

Tribe, Laurence (Massachusetts)

Webber, Christine E. (District of Columbia)

Attorneys(s) for Defendant

Barbero, Megan (District of Columbia)

Lin, Jean (District of Columbia)

Mooppan, Hashim M. (District of Columbia)

Powers, James R (District of Columbia)

Raab, Michael S. (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Shumate, Brett (District of Columbia)

Other Attorney(s)

Feit, Gregory Phillip (New York)

Freeman, Emma L. (New York)

Gans, David H. (District of Columbia)

Maazel, Ilann M. (New York)

Ray, Robert William (New York)

Singh, Tejinder (District of Columbia)

Walker, Daniel John (Pennsylvania)

Weiss, Andrea Likwornik (New York)

Documents in the Clearinghouse

Document

1:17-cv-00458

1:17-cv-01018

Docket [PACER]

Citizens for Responsibility and Ethics in Washington v. Trump

Sept. 13, 2019

Sept. 13, 2019

Docket
1

1:17-cv-00458

Complaint

Citizens for Responsibility and Ethics in Washington v. Trump

Jan. 23, 2017

Jan. 23, 2017

Complaint
28

1:17-cv-00458

Second Amended Complaint

Citizens for Responsibility and Ethics in Washington v. Trump

May 10, 2017

May 10, 2017

Complaint
103

1:17-cv-00458

Memorandum Decision and Order

Citizens for Responsibility and Ethics in Washington v. Trump

276 F.Supp.3d 174

Dec. 21, 2017

Dec. 21, 2017

Order/Opinion
20

18-00474

Joint Appendix Volume I

CREW v. Trump

U. S. Court of Appeals for the Second Circuit

April 24, 2018

April 24, 2018

Pleading / Motion / Brief
21

18-00474

Brief of Plaintiffs-Appellants R

Citizens for Responsibility and Ethics in Washington v. Trump

U. S. Court of Appeals for the Second Circuit

April 24, 2018

April 24, 2018

Pleading / Motion / Brief
34

18-00474

Brief for Amici Curiae Scholars of Administrative Law. Constitutional Law and Federal Jurisdiction in Support of Appellants and Urging Reversal

Citizens for Responsibility and Ethics in Washington v. Trump

U. S. Court of Appeals for the Second Circuit

May 1, 2018

May 1, 2018

Pleading / Motion / Brief
106

18-00474

Brief for Appellee President Donald J. Trump

Citizens for Responsibility and Ethics in Washington v. Trump

U. S. Court of Appeals for the Second Circuit

May 29, 2018

May 29, 2018

Pleading / Motion / Brief
126

18-00474

Reply Brief of Plaintiffs-Appellants

Citizens for Responsibility and Ethics in Washington v. Trump

U. S. Court of Appeals for the Second Circuit

June 27, 2018

June 27, 2018

Pleading / Motion / Brief

1:17-cv-00458

18-00474

[Opinion]

Citizens for Responsibility and Ethics in Washington v. Trump

U. S. Court of Appeals for the Second Circuit

939 F.3d 131

Sept. 13, 2019

Sept. 13, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4571964/citizens-for-responsibility-and-ethics-in-washington-v-trump/

Last updated Aug. 7, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Donald J. Trump. (Filing Fee $ 400.00, Receipt Number 0208-13224937)Document filed by Citizens for Responsibility and Ethics in Washington.(Spurlock, Matthew) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

RECAP

Case Opening Initial Assignment Notice

Jan. 23, 2017

Jan. 23, 2017

PACER
2

CIVIL COVER SHEET filed. (Spurlock, Matthew) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

RECAP

Case Designation

Jan. 23, 2017

Jan. 23, 2017

PACER
3

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Citizens for Responsibility and Ethics in Washington.(Spurlock, Matthew) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

RECAP

Case Designated ECF

Jan. 23, 2017

Jan. 23, 2017

PACER
4

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - - REQUEST FOR ISSUANCE OF SUMMONS as to Attorney General of the United States, re: 1 Complaint. Document filed by Citizens for Responsibility and Ethics in Washington. (Spurlock, Matthew) Modified on 1/23/2017 (laq). (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

RECAP

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Jan. 23, 2017

Jan. 23, 2017

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. 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 http://nysd.uscourts.gov/ecf_filing.php. (laq)

Jan. 23, 2017

Jan. 23, 2017

PACER

Magistrate Judge James C. Francis IV is so designated. (laq)

Jan. 23, 2017

Jan. 23, 2017

PACER

Case Designated ECF. (laq)

Jan. 23, 2017

Jan. 23, 2017

PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to Donald J. Trump, re: 1 Complaint. Document filed by Citizens for Responsibility and Ethics in Washington. (Spurlock, Matthew) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

RECAP

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the defendant must be named on the summons form to be issued;. 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. (laq)

Jan. 23, 2017

Jan. 23, 2017

PACER
6

ELECTRONIC SUMMONS ISSUED as to Donald J. Trump. (laq) (laq). (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

RECAP
7

ORDER: This case has been assigned to me for all purposes. Within two weeks of service of the Summons and Complaint, the parties shall submit a joint letter advising the Court of any contemplated motions, proposing a briefing schedule with respect thereto, and providing any additional information the parties believe may assist the Court in adjudicating the matter. Plaintiff is ordered to serve Defendant with a copy of this Order and to file an affidavit on the Court's Electronic Case Filing (ECF) system certifying that such service has been effectuated. (Signed by Judge Ronnie Abrams on 1/23/2017) (cf) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

RECAP
8

NOTICE OF APPEARANCE by Jean Lin on behalf of Donald J. Trump. (Lin, Jean) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

RECAP
9

NOTICE OF APPEARANCE by Matthew Douglas Spurlock on behalf of Citizens for Responsibility and Ethics in Washington. (Spurlock, Matthew) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

RECAP
10

MOTION for Joseph M. Sellers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13296555. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Citizens for Responsibility and Ethics in Washington. (Attachments: # 1 Affidavit Declaration of J.Sellers, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Sellers, Joseph) (Entered: 02/09/2017)

1 Affidavit Declaration of J.Sellers

View on RECAP

2 Exhibit Certificate of Good Standing

View on PACER

3 Text of Proposed Order Proposed Order

View on PACER

Feb. 9, 2017

Feb. 9, 2017

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 10 MOTION for Joseph M. Sellers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13296555. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Feb. 10, 2017

Feb. 10, 2017

PACER

Notice Regarding Pro Hac Vice Motion

Feb. 10, 2017

Feb. 10, 2017

PACER
11

ORDER granting 10 Motion for Joseph M. Sellers to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (Abrams, Ronnie) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
12

MOTION for Deepak Gupta to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13313768. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Citizens for Responsibility and Ethics in Washington. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Text of Proposed Order)(Gupta, Deepak) (Entered: 02/14/2017)

1 Affidavit

View on PACER

2 Exhibit

View on PACER

3 Text of Proposed Order

View on PACER

Feb. 14, 2017

Feb. 14, 2017

PACER

Notice Regarding Pro Hac Vice Motion

Feb. 14, 2017

Feb. 14, 2017

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 12 MOTION for Deepak Gupta to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13313768. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Feb. 14, 2017

Feb. 14, 2017

PACER
13

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Robert Abraham Braun on behalf of Citizens for Responsibility and Ethics in Washington (Braun, Robert) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
14

AFFIDAVIT OF SERVICE of Summons and Complaint. Donald J. Trump served on 2/3/2017, answer due 4/4/2017. Service was made by Mail. Document filed by Citizens for Responsibility and Ethics in Washington. (Attachments: # 1 Receipt - US Attorney, # 2 Receipt - Defendant Donald J. Trump, # 3 Receipt - Attorney General)(Spurlock, Matthew) (Entered: 02/14/2017)

1 Receipt - US Attorney

View on PACER

2 Receipt - Defendant Donald J. Trump

View on PACER

3 Receipt - Attorney General

View on PACER

Feb. 14, 2017

Feb. 14, 2017

PACER
15

ORDER granting 12 Motion for Deepak Gupta to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (Abrams, Ronnie) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

PACER
16

MOTION for Daniel A. Small to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13323914. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Citizens for Responsibility and Ethics in Washington. (Attachments: # 1 Supplement Certificate of Good Standing re Motion for Admission PHV for Daniel Small, # 2 Affidavit Affidavit of Daniel Small re Motion to Admit PHV, # 3 Text of Proposed Order Proposed Order re Daniel Small Motion for Admittance PHV)(Small, Daniel) (Entered: 02/16/2017)

1 Supplement Certificate of Good Standing re Motion for Admission PHV for Daniel S

View on PACER

2 Affidavit Affidavit of Daniel Small re Motion to Admit PHV

View on PACER

3 Text of Proposed Order Proposed Order re Daniel Small Motion for Admittance PHV

View on PACER

Feb. 16, 2017

Feb. 16, 2017

PACER

Notice Regarding Pro Hac Vice Motion

Feb. 16, 2017

Feb. 16, 2017

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for Daniel A. Small to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13323914. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Feb. 16, 2017

Feb. 16, 2017

PACER
17

ORDER granting 16 Motion for Daniel A. Small to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (Abrams, Ronnie) (Entered: 02/17/2017)

Feb. 17, 2017

Feb. 17, 2017

PACER
18

JOINT LETTER addressed to Judge Ronnie Abrams from Jean Lin dated February 17, 2017 re: Joint Proposed Schedule. Document filed by Donald J. Trump.(Lin, Jean) (Entered: 02/17/2017)

Feb. 17, 2017

Feb. 17, 2017

RECAP
19

MEMO ENDORSEMENT on re: 18 Letter filed by Donald J. Trump. ENDORSEMENT: SO ORDERED. Donald J. Trump answer due 4/21/2017. (Motions due by 4/21/2017., Responses due by 6/2/2017, Replies due by 6/30/2017.) (Signed by Judge Ronnie Abrams on 2/17/2017) (cf) (Entered: 02/17/2017)

Feb. 17, 2017

Feb. 17, 2017

RECAP
20

BRIEF AMICUS CURIAE OF MARK RICHARDS IN SUPPORT OF DEFENDANT. (sc) (Entered: 02/28/2017)

Feb. 27, 2017

Feb. 27, 2017

RECAP
21

NOTICE OF CHANGE OF ADDRESS by Deepak Gupta on behalf of Citizens for Responsibility and Ethics in Washington. New Address: Gupta Wessler PLLC, 1735 20th Street, NW, Washington, DC, USA 20009, (202) 888-1741. (Gupta, Deepak) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
22

FIRST AMENDED COMPLAINT amending 1 Complaint against Donald J. Trump.Document filed by Citizens for Responsibility and Ethics in Washington, Restaurant Opportunities Centers (ROC) United, Inc., Jill Phaneuf. Related document: 1 Complaint filed by Citizens for Responsibility and Ethics in Washington.(Gupta, Deepak) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

RECAP
23

CONSENT LETTER MOTION for Leave to File First Amended Complaint addressed to Judge Ronnie Abrams from Deepak Gupta dated 04/18/2017. Document filed by Citizens for Responsibility and Ethics in Washington, Jill Phaneuf, Restaurant Opportunities Centers (ROC) United, Inc..(Gupta, Deepak) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER
24

ORDER granting 23 Letter Motion for Leave to File Document. APPLICATION GRANTED. (Signed by Judge Ronnie Abrams on 4/18/2017) (cf) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER
25

JOINT LETTER MOTION for Extension of Time for Briefing of Dispositive Motion addressed to Judge Ronnie Abrams from Jean Lin dated April 19, 2017. Document filed by Donald J. Trump.(Lin, Jean) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

RECAP

Set/Reset Deadlines

April 19, 2017

April 19, 2017

PACER
26

ORDER: granting 25 Letter Motion for Extension of Time. Motions due by 6/2/2017. Response due by 7/14/2017. Reply due by 8/11/2017. (Signed by Judge Ronnie Abrams on 4/19/2017) (ap) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER

Set/Reset Deadlines: Responses due by 7/14/2017. Replies due by 8/11/2017. (ap)

April 19, 2017

April 19, 2017

PACER
27

LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Ronnie Abrams from Joseph M. Sellers and Jean Lin dated 05/10/2017., LETTER MOTION for Extension of Time to File Defendant's Dispositive Motion addressed to Judge Ronnie Abrams from Joseph M. Sellers and Jean Lin dated 05/10/2017. Document filed by Citizens for Responsibility and Ethics in Washington, Jill Phaneuf, Restaurant Opportunities Centers (ROC) United, Inc..(Gupta, Deepak) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER

Set/Reset Deadlines

May 10, 2017

May 10, 2017

PACER
28

SECOND AMENDED COMPLAINT amending 22 Amended Complaint, against Donald J. Trump.Document filed by Jill Phaneuf, Restaurant Opportunities Centers (ROC) United, Inc., Citizens for Responsibility and Ethics in Washington, Eric Goode. Related document: 22 Amended Complaint, filed by Restaurant Opportunities Centers (ROC) United, Inc., Citizens for Responsibility and Ethics in Washington, Jill Phaneuf.(Gupta, Deepak) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

RECAP
29

ORDER granting 27 Letter Motion for Leave to File Document; granting 27 Letter Motion for Extension of Time to File Amended Complaint. APPLICATION GRANTED. (Signed by Judge Ronnie Abrams on 5/10/2017) (cf) (Entered: 05/11/2017)

May 10, 2017

May 10, 2017

RECAP

Set/Reset Deadlines: Motions due by 6/9/2017. Responses due by 7/14/2017 Replies due by 8/11/2017. (cf)

May 10, 2017

May 10, 2017

PACER
30

CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Ronnie Abrams from Jean Lin dated May 31, 2017. Document filed by Donald J. Trump.(Lin, Jean) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

RECAP
31

ORDER granting 30 Letter Motion for Leave to File Excess Pages. Application granted. (Signed by Judge Ronnie Abrams on 5/31/2017) (ras) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

RECAP
32

NOTICE OF APPEARANCE by Jonathan Ellis Taylor on behalf of Citizens for Responsibility and Ethics in Washington, Eric Goode, Jill Phaneuf, Restaurant Opportunities Centers (ROC) United, Inc.. (Taylor, Jonathan) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

RECAP
33

NOTICE OF APPEARANCE by James R. Powers on behalf of Donald J. Trump. (Powers, James) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

PACER
34

MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim. Document filed by Donald J. Trump. Responses due by 7/14/2017(Lin, Jean) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

RECAP
35

MEMORANDUM OF LAW in Support re: 34 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim. . Document filed by Donald J. Trump. (Lin, Jean) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

RECAP
36

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Joshua Michael Blackman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13792657. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Scholar Seth Barrett Tillman. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Ray, Robert) Modified on 6/16/2017 (ma). (Entered: 06/16/2017)

1 Declaration

View on RECAP

2 Certificate of Good Standing

View on RECAP

3 Text of Proposed Order

View on PACER

June 16, 2017

June 16, 2017

RECAP

Notice Regarding Deficient Motion to Appear Pro Hac vice

June 16, 2017

June 16, 2017

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 36 MOTION for Joshua Michael Blackman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13792657. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from VIRGINIA.;. Re-file the motion as a Motion to Appear Pro Hac Vice - 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.. (ma)

June 16, 2017

June 16, 2017

PACER
37

MOTION for Leave to File Amicus Curiae Brief . Document filed by Scholar Seth Barrett Tillman. (Attachments: # 1 Exhibit - Brief for Scholar Seth Barrett Tillman as Amicus Curiae in Support of the Defendant)(Ray, Robert) (Entered: 06/16/2017)

1 Exhibit - Brief for Scholar Seth Barrett Tillman as Amicus Curiae in Support of

View on RECAP

June 16, 2017

June 16, 2017

RECAP
38

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Joshua Michael Blackman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Scholar Seth Barrett Tillman. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Ray, Robert) Modified on 6/27/2017 (wb). (Entered: 06/27/2017)

1 Declaration

View on PACER

2 Certificate of Good Standing

View on PACER

3 Text of Proposed Order

View on PACER

June 27, 2017

June 27, 2017

PACER

Notice Regarding Deficient Motion to Appear Pro Hac vice

June 27, 2017

June 27, 2017

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 38 MOTION for Joshua Michael Blackman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia;. Re-file the motion as a Motion to Appear Pro Hac Vice - 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.. (wb)

June 27, 2017

June 27, 2017

PACER
39

ORDER granting 37 Letter Motion for Leave to File Document. The letter motion seeking leave to file brief of scholar Seth Barrett Tillman as amicus curiae in support of Defendant is granted. (Signed by Judge Ronnie Abrams on 6/28/2017) (cf) (Entered: 06/28/2017)

June 28, 2017

June 28, 2017

PACER
40

JOINT LETTER MOTION for Extension of Time to File Response/Reply to Motion to Dismiss addressed to Judge Ronnie Abrams from Joseph Sellers and Jean Lin dated June 30, 2017., JOINT LETTER MOTION for Leave to File Excess Pages to Response/Reply to Motion to Dismiss addressed to Judge Ronnie Abrams from Joseph Sellers and Jean Lin dated June 30, 2017. Document filed by Citizens for Responsibility and Ethics in Washington, Eric Goode, Jill Phaneuf, Restaurant Opportunities Centers (ROC) United, Inc..(Sellers, Joseph) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

RECAP
41

NOTICE OF CHANGE OF ADDRESS by Deepak Gupta on behalf of Citizens for Responsibility and Ethics in Washington, Eric Goode, Jill Phaneuf, Restaurant Opportunities Centers (ROC) United, Inc.. New Address: Gupta Wessler PLLC, 1900 L Street, NW, Suite 312, Washington, DC, USA 20036, (202) 888-1741. (Gupta, Deepak) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
42

NOTICE OF CHANGE OF ADDRESS by Jonathan Ellis Taylor on behalf of Citizens for Responsibility and Ethics in Washington, Eric Goode, Jill Phaneuf, Restaurant Opportunities Centers (ROC) United, Inc.. New Address: Gupta Wessler PLLC, 1900 L Street, NW, Suite 312, Washington, DC, USA 20036, (202) 888-1741. (Taylor, Jonathan) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
43

MOTION for Joshua Michael Blackman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Scholar Seth Barrett Tillman. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Ray, Robert) (Entered: 07/05/2017)

1 Declaration

View on PACER

2 Certificate of Good Standing

View on PACER

3 Text of Proposed Order

View on PACER

July 5, 2017

July 5, 2017

RECAP

Notice Regarding Pro Hac Vice Motion

July 5, 2017

July 5, 2017

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 43 MOTION for Joshua Michael Blackman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

July 5, 2017

July 5, 2017

PACER
44

ORDER granting in part and denying in part 40 Letter Motion for Extension of Time to File Response/Reply; granting in part and denying in part 40 Letter Motion for Leave to File Excess Pages. The parties' request is granted in part. Plaintiffs' Response to Defendant's Motion to Dismiss is due on August 4, 2017. Defendant's Reply is due on September 11, 2017. No further adjournments will be granted absent good cause. The parties' proposals with respect to page limits are approved. (Responses due by 8/4/2017, Replies due by 9/11/2017.) (Signed by Judge Ronnie Abrams on 7/5/2017) (cf) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

RECAP
45

ORDER granting 43 Motion for Joshua Michael Blackman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (Abrams, Ronnie) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

PACER
46

CONSENT LETTER MOTION for Extension of Time and for Reconsideration of the Court's July 5, 2017 Order addressed to Judge Ronnie Abrams from Jean Lin dated July 6, 2017. Document filed by Donald J. Trump.(Lin, Jean) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

RECAP
47

ORDER granting 46 Letter Motion for Extension of Time. In light of the parties' agreement and the factors noted below, the Government's application is granted. (Signed by Judge Ronnie Abrams on 7/7/2017) (cf) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

RECAP

Set/Reset Deadlines

July 7, 2017

July 7, 2017

PACER

Set/Reset Deadlines: Replies due by 9/22/2017. (cf)

July 7, 2017

July 7, 2017

PACER

Notice Regarding Deleted Document

July 7, 2017

July 7, 2017

PACER

***DELETED DOCUMENT. Deleted document number 48 MEMO ENDORSEMENT. The document was incorrectly filed in this case. (ap)

July 7, 2017

July 7, 2017

PACER

NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Ronnie Abrams is no longer assigned to the case. (ma)

July 11, 2017

July 11, 2017

PACER

Notice of Case Assignment/Reassignment

July 11, 2017

July 11, 2017

PACER
48

DECLARATION of Deepak Gupta in Opposition re: 34 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim.. Document filed by Citizens for Responsibility and Ethics in Washington, Eric Goode, Jill Phaneuf, Restaurant Opportunities Centers (ROC) United, Inc.. (Attachments: # 1 Exhibit Part 1 (Definition of Emolument), # 2 Exhibit Part 2 (Definition of Emolument), # 3 Exhibit Part (Definition of Emolument), # 4 Exhibit Part 4 (Definition of Emolument), # 5 Exhibit Part 5 (Definition of Emolument), # 6 Exhibit Part (Definition of Emolument), # 7 Exhibit Part 7 (Definition of Emolument), # 8 Exhibit Part 8 (Definition of Emolument), # 9 Exhibit Part 9 (Definition of Emolument), # 10 Exhibit Part 10 (Definition of Emolument), # 11 Exhibit Part 11 (Definition of Emolument))(Gupta, Deepak) (Entered: 08/04/2017)

1 Exhibit Part 1 (Definition of Emolument)

View on RECAP

2 Exhibit Part 2 (Definition of Emolument)

View on RECAP

3 Exhibit Part (Definition of Emolument)

View on RECAP

4 Exhibit Part 4 (Definition of Emolument)

View on RECAP

5 Exhibit Part 5 (Definition of Emolument)

View on RECAP

6 Exhibit Part (Definition of Emolument)

View on RECAP

7 Exhibit Part 7 (Definition of Emolument)

View on RECAP

8 Exhibit Part 8 (Definition of Emolument)

View on RECAP

9 Exhibit Part 9 (Definition of Emolument)

View on RECAP

10 Exhibit Part 10 (Definition of Emolument)

View on RECAP

11 Exhibit Part 11 (Definition of Emolument)

View on RECAP

Aug. 4, 2017

Aug. 4, 2017

RECAP
49

DECLARATION of Thomas Colicchio in Opposition re: 34 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim.. Document filed by Citizens for Responsibility and Ethics in Washington, Eric Goode, Jill Phaneuf, Restaurant Opportunities Centers (ROC) United, Inc.. (Gupta, Deepak) (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

RECAP
50

DECLARATION of Saru Jayaraman in Opposition re: 34 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim.. Document filed by Citizens for Responsibility and Ethics in Washington, Eric Goode, Jill Phaneuf, Restaurant Opportunities Centers (ROC) United, Inc.. (Gupta, Deepak) (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

RECAP
51

DECLARATION of James Mallios in Opposition re: 34 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim.. Document filed by Citizens for Responsibility and Ethics in Washington, Eric Goode, Jill Phaneuf, Restaurant Opportunities Centers (ROC) United, Inc.. (Gupta, Deepak) (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

RECAP
52

DECLARATION of Eric Goode in Opposition re: 34 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim.. Document filed by Citizens for Responsibility and Ethics in Washington, Eric Goode, Jill Phaneuf, Restaurant Opportunities Centers (ROC) United, Inc.. (Gupta, Deepak) (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

RECAP
53

DECLARATION of Jill Phaneuf in Opposition re: 34 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim.. Document filed by Citizens for Responsibility and Ethics in Washington, Eric Goode, Jill Phaneuf, Restaurant Opportunities Centers (ROC) United, Inc.. (Gupta, Deepak) (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

RECAP
54

DECLARATION of Christopher C. Muller, Ph.D. in Opposition re: 34 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim.. Document filed by Citizens for Responsibility and Ethics in Washington, Eric Goode, Jill Phaneuf, Restaurant Opportunities Centers (ROC) United, Inc.. (Gupta, Deepak) (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

RECAP
55

FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 58 Declaration) - DECLARATION of Rachel J. Roginsky, ISHC in Opposition re: 34 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim.. Document filed by Citizens for Responsibility and Ethics in Washington, Eric Goode, Jill Phaneuf, Restaurant Opportunities Centers (ROC) United, Inc.. (Gupta, Deepak) Modified on 8/7/2017 (db). (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

PACER
56

FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 57 Declaration) - MEMORANDUM OF LAW in Opposition re: 34 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim. . Document filed by Citizens for Responsibility and Ethics in Washington, Eric Goode, Jill Phaneuf, Restaurant Opportunities Centers (ROC) United, Inc.. (Gupta, Deepak) Modified on 8/7/2017 (db). (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

RECAP
57

MEMORANDUM OF LAW in Opposition re: 34 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim. CORRECTED COPY. Document filed by Citizens for Responsibility and Ethics in Washington, Eric Goode, Jill Phaneuf, Restaurant Opportunities Centers (ROC) United, Inc.. (Gupta, Deepak) (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

RECAP
58

DECLARATION of Rachel J. Roginsky, ISHC in Opposition re: 34 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim.. Document filed by Citizens for Responsibility and Ethics in Washington, Eric Goode, Jill Phaneuf, Restaurant Opportunities Centers (ROC) United, Inc.. (Gupta, Deepak) (Entered: 08/05/2017)

Aug. 5, 2017

Aug. 5, 2017

RECAP
59

ORDER: Oral argument on Defendant's motion to dismiss filed in the above-reference action is scheduled for October 18, 2017 at 10:30 a.m. ( Oral Argument set for 10/18/2017 at 10:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 8/9/2017) (mro) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

RECAP
60

NOTICE OF APPEARANCE by Ilann M. Maazel on behalf of Sarah P Chayes. (Maazel, Ilann) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
61

NOTICE OF APPEARANCE by Emma Lerner Freeman on behalf of Sarah P Chayes. (Freeman, Emma) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
62

MOTION to File Amicus Brief of Amica Curiae Sarah P. Chayes in Support of the Plaintiff. Document filed by Sarah P Chayes. (Attachments: # 1 Exhibit Brief of Amica Curiae Sarah P. Chayes in Support of Plaintiffs)(Maazel, Ilann) (Entered: 08/11/2017)

1 Exhibit Brief of Amica Curiae Sarah P. Chayes in Support of Plaintiffs

View on RECAP

Aug. 11, 2017

Aug. 11, 2017

RECAP
63

MOTION for Leave to File Amicus Brief of Senator Richard Blumenthal and Representative John Conyers, Jr., as Amici Curiae in Support of Plaintiffs. Document filed by Richard Blumenthal, John Conyers, Jr. (Attachments: # 1 Exhibit Brief of Senator Richard Blumenthal and Representative John Conyers, Jr., as Amici Curiae in Support of Plaintiffs)(Gans, David) (Entered: 08/11/2017)

1 Exhibit Brief of Senator Richard Blumenthal and Representative John Conyers, Jr.

View on RECAP

Aug. 11, 2017

Aug. 11, 2017

RECAP
64

LETTER MOTION to File Amicus Brief of Scholars of Administrative Law, Constitutional Law, and Federal Jurisdiction in Support of Plaintiffs addressed to Judge George B. Daniels from Andrea Likwornik Weiss dated August 11, 2017. Document filed by Bruce Ackerman, Matthew D. Adler, Samuel Bagenstos, Cary Coglianese, Zachary D. Clopton, Seth Davis, Michael C. Dorf, Daniel Farber, Martha A. Field, Daniel Hemel, Pamela S. Karlan, Leah Litman, Jenny S. Martinez, Jonathan S. Masur, Jon D. Michaels, Richard Primus, Eli Savit, Peter M. Shane, Scott J. Shapiro, David C. Vladeck, Brian Wolfman. (Attachments: # 1 Exhibit Brief of Amici Curiae)(Weiss, Andrea) (Entered: 08/11/2017)

1 Exhibit Brief of Amici Curiae

View on RECAP

Aug. 11, 2017

Aug. 11, 2017

RECAP
65

NOTICE OF APPEARANCE by Andrea Likwornik Weiss on behalf of Bruce Ackerman, Matthew D. Adler, Samuel Bagenstos, Zachary D. Clopton, Cary Coglianese, Seth Davis, Michael C. Dorf, Daniel Farber, Martha A. Field, Daniel Hemel, Pamela S. Karlan, Leah Litman, Jenny S. Martinez, Jonathan S. Masur, Jon D. Michaels, Richard Primus, Eli Savit, Peter M. Shane, Scott J. Shapiro, David C. Vladeck, Brian Wolfman. (Weiss, Andrea) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
66

NOTICE OF APPEARANCE by Gregory Phillip Feit on behalf of Bruce Ackerman, Matthew D. Adler, Samuel Bagenstos, Zachary D. Clopton, Cary Coglianese, Seth Davis, Michael C. Dorf, Daniel Farber, Martha A. Field, Daniel Hemel, Pamela S. Karlan, Leah Litman, Jenny S. Martinez, Jonathan S. Masur, Jon D. Michaels, Richard Primus, Eli Savit, Peter M. Shane, Scott J. Shapiro, David C. Vladeck, Brian Wolfman. (Feit, Gregory) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
67

NOTICE OF APPEARANCE by Tejinder Singh on behalf of Former Government Ethics Officers. (Singh, Tejinder) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
68

NOTICE OF APPEARANCE by David H. Gans on behalf of Richard Blumenthal, John Conyers, Jr. (Gans, David) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
69

NOTICE OF APPEARANCE by Daniel John Walker on behalf of Legal Historians. (Walker, Daniel) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
70

MOTION for Leave to File Brief of Amicus Curiae By Certain Legal Historians on Behalf of Plaintiffs . Document filed by Legal Historians. (Attachments: # 1 Exhibit A, # 2 Certificate of Service, # 3 Text of Proposed Order)(Walker, Daniel) (Entered: 08/11/2017)

1 Exhibit A

View on RECAP

2 Certificate of Service

View on PACER

3 Text of Proposed Order

View on PACER

Aug. 11, 2017

Aug. 11, 2017

RECAP

Case Details

State / Territory: New York

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 23, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

(i) Citizens for Responsibility and Ethics in Washington - CREW; (ii) a nonprofit organization engaged in the protection of workers in the restaurant industry; (iii) an individual who works in the hotel industry and whose compensation is tied to a percentage of the revenue of the events she books for foreign governments in hotels; and (iv) the owner of several hotels and restaurants in New York, which attract foreign government clients.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public (for-profit) corporation

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Donald J. Trump in his official capacity as President of the United States, None

Case Details

Causes of Action:

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

Constitutional Clause(s):

Emoluments Clauses

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

None yet

Source of Relief:

None yet