Case: State of New York v. Trump

1:17-cv-05228 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 6, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

Sixteen states, led by the State of New York, filed this lawsuit against the federal government on September 6, 2017, in response to a Department of Homeland Security (DHS) memorandum issued on September 5, ending the Deferred Action for Childhood Arrivals (DACA) program. The states argued that ending DACA violated due process and equal protection rights, and also violated the Administrative Procedure Act, and the Regulatory Flexibility Act. The states sought to enjoin the federal government fr…

Sixteen states, led by the State of New York, filed this lawsuit against the federal government on September 6, 2017, in response to a Department of Homeland Security (DHS) memorandum issued on September 5, ending the Deferred Action for Childhood Arrivals (DACA) program. The states argued that ending DACA violated due process and equal protection rights, and also violated the Administrative Procedure Act, and the Regulatory Flexibility Act. The states sought to enjoin the federal government from carrying out portions of the DHS memorandum and from using information about DACA grantees gathered in their applications to enforce immigration policy. The suit was filed in the U.S. District Court for the Eastern District of New York and assigned to Judge Nicholas G. Garaufis.

The complaint asserted that DACA helped its beneficiaries in several ways. First, since its inception in 2012, DACA protected approximately 800,000 young people from deportation. Second, DACA allowed individuals brought to the United States as children who met specific criteria to request deferred action for two years, subject to renewal. Indeed, the states pointed out that many of the grantees have spent most of their lives in the United States. Third, DACA allowed grantees to receive public benefits like social security, to enroll in higher education institutions, and to access other benefits like opening up a bank account and buying a car. And finally, the states noted that the federal government represented that it would not use the information obtained in the DACA application process to enforce immigration policy.

The states argued that these grantees would now lose their protections and be at risk of deportation, especially since they provided the federal government with sensitive information in their applications. In light of the DHS memorandum, the federal government planned to immediately stop accepting new DACA applications. Further, it only issued renewals for grantees whose terms expired before March 5, 2018, provided they apply for renewal by October 5, 2018. The states highlighted that in addition to the losses DACA grantees will suffer, state and local economies, as well as many higher education institutions, have come to rely on the skills and productivity of the grantees and will therefore also suffer. The states pointed out that over half of DACA grantees are of Mexican origin and thus ending DACA "is a culmination of President’s Trump’s oft-stated commitments...to punish and disparage people with Mexican roots." Further, the states argued that the grantees' sensitive information is at risk since President Trump took "affirmative steps to reduce the privacy protections applicable to DACA data" with a January 2017 Executive Order directing all agencies to "exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy Act regarding personally identifiable information" Meanwhile, the states pointed out that the DHS Memorandum did not provide assurance to DACA grantees or direction to USCIS and ICE that this information could not be used for the purpose of immigration policy enforcement.

Originally, the plaintiffs consisted of New York, Massachusetts, Washington, Connecticut, Delaware, District Of Columbia, Hawaii, Illinois, Iowa, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and Virginia. Then Colorado joined as part of an amended complaint filed on October 4, which also claimed that the United States was equitably estopped from using or disclosing DACA beneficiaries’ personal information that it previously promised to keep confidential.

On October 6, the United States filed a partial administrative record in the related case Batalla Vidal v. Nielsen, available here. The record included a series of government documents pertaining to DACA from its inception to the decision to rescind it. The Batalla Vidal plaintiffs then moved to compel the defendants to complete the administrative record, arguing that the defendants had not produced all of the documents leading to the rescission. Specifically, the plaintiffs argued that they omitted documents that Acting Secretary Duke did not directly review. The judge in Batalla Vidal (also Judge Garaufis) granted the motion on October 19 and ordered the defendants to produce the full administrative record in both cases.

The defendants appealed to the Second Circuit, which granted an emergency motion for a stay of discovery and record supplementation in the district court pending consideration by the Second Circuit on October 20.

On October 27, the defendants filed a motion in the district court to dismiss the case for lack of subject matter jurisdiction and failure to state a claim, arguing that the rescission was an enforcement action "presumed immune from judicial review" and that, alternatively, the government provided ample explanation for the rescission.

On November 9, 2017, the district court granted in part and denied in part the defendants' motion to dismiss for lack of subject-matter jurisdiction. The court dismissed the plaintiffs' claims that policy changes in how information provided for DACA applications could be used violated due process and equitable estoppel. The court also dismissed the plaintiffs' claim that the government violated due process by failing to provide individualized notice of the rescission. In both cases, the court determined that the plaintiffs lacked standing. The court found, however, that the plaintiffs had standing to challenge the DACA rescission. The court reserved ruling on the government's motion to dismiss for failure to state a claim and denied all other parts of its motion.

On December 15, the plaintiffs filed a motion for a preliminary injunction, seeking to enjoin the government from rescinding DACA.

Meanwhile, a series of entities filed amicus briefs in support of the plaintiffs: United We Dream, over 100 companies, educational justice organizations, the Fred T. Korematsu Center for Law and Equality, law enforcement leaders, workers' organizations, legal services organizations, New York University, the Mexican government, dozens of religious organizations, immigration nonprofits, various U.S. cities and counties, and civil rights organizations.

On December 27, the Second Circuit lifted the stay on the district court's discovery orders. But the government still did not want to provide additional documents. It also wanted to appeal the district court’s ruling on the motion to dismiss. So, two days later, the government moved to stay further supplementation of the administrative record in the district court pending its appeal on the motion to dismiss. The district court granted the government’s motion to stay on December 30. It then certified the government’s interlocutory appeal on January 8.

On February 13, 2018, the district court granted the plaintiffs' motion for a preliminary injunction, reasoning that the government likely lacked a legally sufficient basis for ending the DACA program. The court found that while the government could end DACA, the question was if they had provided legally adequate reasons for rescission. The court found that the decision to end DACA was based on an erroneous conclusion that DACA was unconstitutional and violated the Administrative Procedure Act and the Immigration and Nationality Act, and that this conclusion in turn relied on the "plainly incorrect factual premise" that courts have found the "somewhat analogous" Deferred Action for Parents of Americans and Lawful Permanent Residents program to have "constitutional defects." The court also found that the purported reason for rescission was contradictory in that the government claimed DACA must end because it was unconstitutional, and yet also provided for a wind-down period in which certain DACA renewal applications would continue to be adjudicated. As a result, the court held that the rescission was arbitrary and capricious and enjoined the government from ending the program on a nationwide basis pending the court's decision on the merits of the case.

The government filed notice on February 20 that it had appealed the district court’s decision to issue a preliminary injunction to the Second Circuit.

On February 21, 2018, the Second Circuit again denied the defendants' request for a stay of the district court's discovery orders.

On March 29, 2018, the district court granted in part and denied in part the government's motion to dismiss for failure to state a claim. The court dismissed the plaintiffs' claim that the rescission violated the Administrative Procedure Act’s requirement for notice-and-comment, finding that the rescission memorandum was a general statement of policy exempt from the notice-and-comment requirement rather than a legislative rule. This finding led the court to further dismiss the plaintiffs' claim regarding Regulatory Flexibility Act violations since an RFA violation is contingent on a notice-and-comment requirement in the first place. The court also dismissed the plaintiffs' claim that the government changed its information-use policy but left the door open to other challenges of that policy. The court sustained the plaintiffs' equal protection claim that the rescission was motivated by racial animus against Latinos, finding that the plaintiffs adequately alleged the rescission created disparate impact. Further, the court found that while the plaintiffs may not have sufficiently alleged that Acting Secretary Duke or the Attorney General had discriminatory intent, they did sufficiently allege that President Trump may have had such intent and that his influence on the rescission could not be ignored.

The government promptly appealed the March 29 district court order denying its motion to dismiss. The Second Circuit decided to hear the government’s appeal in tandem with the appeal of the preliminary injunction and the appeal of the district court’s November 9, 2017, decision on the motion to dismiss for lack of jurisdiction and similar appeals in Batalla Vidal.

On June 28, 2019, the Supreme Court agreed to hear three consolidated DACA cases: Batalla Vidal, Department of Homeland Security v. Regents of the University of California, and Trump v. NAACP (see related cases).

The Supreme Court heard oral argument on November 12, 2019, on the issues of whether DHS's decision to wind down the DACA policy is judicially reviewable and whether DHS’s decision to rescind DACA is lawful.

On June 18, 2020, in an opinion by Chief Justice Roberts, the Court held that DHS's decision to rescind DACA was subject to judicial review under the Administrative Procedure Act and that the rescission was unlawful. 140 S.Ct. 1891. In accordance with the Supreme Court’s decision, the Second Circuit vacated the district court’s order granting preliminary injunction and affirmed in part and reversed in part the district court’s denial of the government’s motion to dismiss.

On July 28, 2020, the Acting DHS Secretary issued a memorandum suspending DACA while DHS reviewed it.

In response, on August 28, 2020, the plaintiffs filed an amended complaint alleging that the Acting DHS Secretary lacked the authority to issue the memorandum because he had not been lawfully appointed to his position. Accordingly, the plaintiffs alleged that the government’s implementation of the memorandum was arbitrary and capricious, contrary to law, and in excess of DHS’ statutory authority, and that it violated the Federal Vacancies Reform Act and the Homeland Security Act, which prohibit agency action by unlawfully serving acting officials from taking effect. The plaintiffs asked the court to declare that the Acting Secretary was unlawfully serving in his position, to invalidate the memorandum, and to enjoin the government from terminating, amending, or interfering with DACA.

The plaintiffs also filed a motion for summary judgment on August 28, 2020. Shortly thereafter, the government filed a cross-motion for partial summary judgment. On November 14, 2020, the court granted the plaintiffs’ motion and denied the government’s cross-motion, finding that the Acting DHS Secretary was not lawfully serving in his position and thus that the government's implementation of the memorandum was arbitrary and capricious. 2020 WL 6695076.

The plaintiffs filed another partial motion for summary judgment on November 24, 2020. The court granted the plaintiffs’ motion on December 4, 2020, vacating the memorandum issued by the Acting Secretary of DHS and ordering DHS to resume processing DACA applications and to notify the public accordingly. 2020 WL 7121849. The order required DHS to accept initial DACA applications, accept advance parole applications, and grant DACA renewals for two-years. On December 7, 2020 USCIS updated their website and indicated that effective that day, USCIS would accept initial applications, extend one-year DACA renewals to two-years, and accept applications for advance parole.

As of December 19, the case is ongoing.

Summary Authors

Virginia Weeks (9/7/2017)

Virginia Weeks (3/30/2018)

Eva Richardson (5/21/2019)

Sam Kulhanek (2/14/2020)

Becca Rogers (12/19/2020)

Related Cases

Batalla Vidal v. Nielsen, Eastern District of New York (2016)

Regents of University of California v. U.S. Department of Homeland Security, Northern District of California (2017)

State of California v. Department of Homeland Security, Northern District of California (2017)

City of San Jose v. Trump, Northern District of California (2017)

Garcia v. United States of America, Northern District of California (2017)

National Association for the Advancement of Colored People v. Trump, District of Columbia (2017)

County of Santa Clara v. Trump, Northern District of California (2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6148384/parties/state-of-new-york-v-donald-trump/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Garaufis, Nicholas (New York)

Kavanaugh, Brett M. (District of Columbia)

Orenstein, James (New York)

Sotomayor, Sonia (District of Columbia)

Thomas, Clarence (District of Columbia)

Attorneys(s) for Plaintiff

Balderas, Hector (New Mexico)

Bass Ehler, Karyn L. (Illinois)

Battles, Benjamin D. (Vermont)

Bender, Robyn R. (District of Columbia)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Garaufis, Nicholas (New York)

Kavanaugh, Brett M. (District of Columbia)

Orenstein, James (New York)

Sotomayor, Sonia (District of Columbia)

Thomas, Clarence (District of Columbia)

Attorneys(s) for Plaintiff

Balderas, Hector (New Mexico)

Bass Ehler, Karyn L. (Illinois)

Battles, Benjamin D. (Vermont)

Bender, Robyn R. (District of Columbia)

Biernoff, Ari (New Mexico)

Blake, Nathanael (Iowa)

Chien, Marsha (Washington)

Chin, Douglas S.G. (Hawaii)

Cohen, Aleine (Delaware)

Colangelo, Matthew (New York)

Connors, Clare E. (Hawaii)

Crane, Anna (Illinois)

De Haan, Brian (Oregon)

Denn, Matthew P. (Delaware)

Donovan, Thomas J. Jr. (Vermont)

Ferguson, Robert W. (Washington)

Field, Michael W. (Rhode Island)

Finkelstein, Alex (New York)

Fischer, Michael J. (Pennsylvania)

Goldman, Jonathan Scott (Pennsylvania)

Goldstein, Aaron R. (Delaware)

Healey, Maura T. (Massachusetts)

Herring, Mark R. (Virginia)

Hickenlooper, John W. (Colorado)

Jennings, Kathleen (Delaware)

Jepsen, George (Connecticut)

Kalama, Donna H. (Hawaii)

Kallen, Michelle S. (Virginia)

Kaplan, Scott J. (Oregon)

Kassab, Vanessa L (Delaware)

Khan, Sania (New York)

Khera, Harpreet (Illinois)

Kilmartin, Peter F. (Rhode Island)

Kohler, Mark F. (Connecticut)

Konopka, Kathleen (District of Columbia)

Lucas, Diane (New York)

Lusk, Jennie (New Mexico)

Madigan, Lisa (Illinois)

Maestas, Tania (New Mexico)

McEllis, Caitlyn (Illinois)

McGuire, Matthew R. (Virginia)

Melmed, Jacki Cooper (Colorado)

Melody, Colleen (Washington)

Miller, Jonathan B. (Massachusetts)

Nadeau, Genevieve (Massachusetts)

Nakatsuji, Robert T (Hawaii)

Nannery, Valerie M (District of Columbia)

Narasimham, Sripriya (North Carolina)

Narasimhan, Sripriya (North Carolina)

Neronha, Peter F. (Rhode Island)

Olson, Eric (Colorado)

Partington, Rebecca Tedford (Rhode Island)

Perry, Joshua (Connecticut)

Racine, Karl A. (Maryland)

Raoul, Kwame (Illinois)

Roach, Adam D. (Rhode Island)

Rosado, Lourdes Maria (New York)

Rosenblum, Ellen F. (Oregon)

Saini, Ajay (New York)

Schneiderman, Eric T. (New York)

Shapiro, Joshua D. (Pennsylvania)

Stein, Joshua H (North Carolina)

Taylor, Abigail B. (Massachusetts)

Thompson, Jeffrey S. (Iowa)

Thomson, Aimee D (Pennsylvania)

Tong, William (Connecticut)

Tucker, Brooke (New York)

Urena, David (Massachusetts)

VanDam, Jeff (Illinois)

Wardenski, Joseph (New York)

Weiser, Philip J. (Colorado)

Weston, Sarah (Oregon)

Wright, Christian Douglas (Delaware)

Attorneys(s) for Defendant

Bailey, Kate (District of Columbia)

Marutollo, Joseph Anthony (New York)

Pezzi, Stephen M. (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Rohde, Bridget M. (New York)

Rosenberg, Brad P. (District of Columbia)

Shumate, Brett (District of Columbia)

Tyler, John Russell (District of Columbia)

Westmoreland, Rachael (District of Columbia)

Other Attorney(s)

Alger, Maureen P. (California)

Badlani, Chirag (Illinois)

Berner, Nicole (District of Columbia)

Bohorquez, Fernando A. (New York)

Brounell, Geoffrey S. (District of Columbia)

Calemine, Jody (District of Columbia)

Carome, Patrick J. (District of Columbia)

Chang, Robert S. (Washington)

Clark, James Patrick (California)

Coston, William D. (District of Columbia)

DeGroote, Jessa (New York)

DiGrande, Melissa (New York)

Dundas, Michael Joseph (California)

Feuer, Michael Nelson (California)

Fiur, Seth D. (New York)

Flores, Valerie L. (California)

Freedman, Alexander (California)

Fresco, Leon (District of Columbia)

Geltzer, Joshua A. (District of Columbia)

Gertner, Leo (District of Columbia)

Goldiner, Judith (New York)

Gray, Danielle C. (New York)

Guerra, Michael Anthony (New York)

Gupta, Deepak (District of Columbia)

Harrell, J. Wells (District of Columbia)

Harris, John Barney (New York)

Holder, Adriene L. (New York)

Holtzblatt, Ari (District of Columbia)

James, Seymour W. Jr. (New York)

Jestin, Katya T. (New York)

Kapur, Leela (California)

Karanjia, Peter (District of Columbia)

Kennelly, Kaitland McCann (New York)

Khandawala, Leena (New York)

Klipper, Erica (New York)

Kolick, Joseph E. (Maryland)

Kolodin, Zachary J. F. (New York)

Kolodner, Jonathan Samuel (New York)

Lederer, Caryn C (Illinois)

Levy, Jennifer (New York)

Li, Joan Renxin (California)

Lin, Karen (New York)

Lopez, Janine Marie (Massachusetts)

Mangi, Adeel Abdullah (New York)

Martinez, Mario (California)

McLaughlin, Matthew T. (New York)

Nolan, Terrance J. (New York)

Obus, Steven E. (New York)

Piers, Matthew J. (Illinois)

Pincus, Andrew J. (District of Columbia)

Rainwater, Shiloh (New York)

Rivlin, Judith (District of Columbia)

Rodriguez, Dariely (District of Columbia)

Saad, Martin L. (District of Columbia)

Sarnoff, Stuart M. (New York)

Scherb, Matthew Alex (California)

Schneider, Rory K. (New York)

Schwartz, William J. (New York)

Shafiqullah, Hasan (New York)

Shebaya, Sirine (District of Columbia)

Sheikh, Sameer Parvez (District of Columbia)

Sherman, Monique R (California)

Silverstein, Thomas S. (District of Columbia)

Smith, Deborah L. (District of Columbia)

Sokol, Howard (New York)

Sokoler, Jennifer B (New York)

Spence, Dorian (District of Columbia)

Star, Wendy Michelle (New York)

Stern, Rikki S. (New York)

Waxman, Seth (District of Columbia)

Welber, Susan (New York)

Wilson, Kara Corinne (New York)

Woo, Tiffany M. (New York)

Zalesin, Steven Alan (New York)

Documents in the Clearinghouse

Document

1:17-cv-05228

Docket [PACER]

State Of New York v. Trump

Dec. 10, 2020

Dec. 10, 2020

Docket
1

1:17-cv-05228

Complaint For Declaratory and Injunctive Relief

State Of New York et al v. Trump

Sept. 6, 2017

Sept. 6, 2017

Complaint
54

1:17-cv-05228

First Amended Complaint for Declaratory and Injunctive Relief

Oct. 4, 2017

Oct. 4, 2017

Complaint
71

1:17-cv-05228

Notice of Motion to Dismiss

Oct. 27, 2017

Oct. 27, 2017

Notice Letter
85

1:17-cv-05228

Memorandum & Order

State Of New York v. Trump

Nov. 9, 2017

Nov. 9, 2017

Order/Opinion
96

1:17-cv-05228

Plaintiff States' Notice of Motion for a Preliminary Injunction

Dec. 15, 2017

Dec. 15, 2017

Pleading / Motion / Brief
120

1:17-cv-05228

Amicus Brief for We Dream in Support of Plaintiffs' Motions for a Preliminary Injunction and in Opposition to Defendants' Motions to Dismiss

Dec. 20, 2017

Dec. 20, 2017

Pleading / Motion / Brief
133

1:17-cv-05228

Amicus Brief of Partnership for Educational Justice, DelawareCan: the Delaware Campaign for Achievement Now, HawaiiKidsCan, NewMexicoKidsCan, and Virginia Excels in Support of Plaintiffs' Motion for a Preliminary Injunction

Dec. 21, 2017

Dec. 21, 2017

Pleading / Motion / Brief
132

1:17-cv-05228

Amicus Brief of 114 Companies in Support of Plaintiffs' Motions for Preliminary Injunction

Dec. 21, 2017

Dec. 21, 2017

Pleading / Motion / Brief
149

1:17-cv-05228

Brief of 40 Historians and the Fred T. Korematsu Center for Law and Equity, as Amici Curiae in Support of Plaintiffs' Motion for Preliminary Injunction

Dec. 21, 2017

Dec. 21, 2017

Pleading / Motion / Brief

Resources

Title Description External URL Date / External URL

New York Dreamer Challenges Trump Administration’s Termination of DACA

National Immigration Law Center

A young immigrant New Yorker and Make the Road New York (MRNY) went to federal court today to challenge the Trump administration’s termination of the Deferred Action for Childhood Arrivals (DACA) pro… Sept. 5, 2017

Sept. 5, 2017

https://www.nilc.org/...

A.G. Schneiderman Files Lawsuit To Protect Dreamers And Preserve DACA

New York State Attorney General

New York Attorney General Eric T. Schneiderman led a coalition of 16 Attorneys General in filing suit to protect Deferred Action for Childhood Arrivals (DACA) grantees. The lawsuit, which was filed t… Sept. 5, 2017

Sept. 5, 2017

https://ag.ny.gov/...

Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA)

Department of Homeland Security

"This memorandum rescinds the June 15, 2012 memorandum entitled 'Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,' which established the prog… Sept. 5, 2017

Sept. 5, 2017

https://www.dhs.gov/...

Re: Implementing the President's Border Security and Immigration Enforcement Improvements Policies (Final, 2/20/2017)

DHS Secretary John Kelly

Feb. 20, 2017

Feb. 20, 2017

https://www.dhs.gov/...

Executive Order 13768: Enhancing Public Safety in the Interior of the United States

President Donald Trump

Jan. 25, 2017

Jan. 25, 2017

https://www.gpo.gov/...

Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017)

DHS Secretary John Kelly

Feb. 20, 2017

Feb. 20, 2017

https://www.dhs.gov/...

Executive Order 13767: Border Security and Immigration Enforcement Improvements

President Donald Trump

Jan. 27, 2017

Jan. 27, 2017

None

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6148384/state-of-new-york-v-donald-trump/

Last updated Aug. 26, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link

Case assigned to Judge Allyne R. Ross and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)

Sept. 6, 2017

Sept. 6, 2017

PACER
1

COMPLAINT State of New York, et al. against All Defendants filing fee $ 400, receipt number 0207-9807840 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by State of North Carolina, State of Hawaii, State of Massachussetts, State Of New York, State of Virginia, State of Pennsylvania, District of Columbia, State of Washington, State of Iowa, State of Oregon, State of Rhode Island, State of Vermont, State of Illinois, State of Connecticut, State of New Mexico, State of Delaware. (Attachments: # 1 Civil Cover Sheet, # 2 Appendix, # 3 Proposed Summons Elaine C. Duke, # 4 Proposed Summons DHS HQ, # 5 Proposed Summons Donald Trump, # 6 Proposed Summons ICE, # 7 Proposed Summons USCIS HQ, # 8 Proposed Summons USCIS NYC, # 9 Proposed Summons USA (DOJ)) (Rosado, Lourdes) (Entered: 09/06/2017)

1 Civil Cover Sheet

View on PACER

2 Appendix

View on RECAP

3 Proposed Summons Elaine C. Duke

View on PACER

4 Proposed Summons DHS HQ

View on PACER

5 Proposed Summons Donald Trump

View on PACER

6 Proposed Summons ICE

View on PACER

7 Proposed Summons USCIS HQ

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8 Proposed Summons USCIS NYC

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9 Proposed Summons USA (DOJ)

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Sept. 6, 2017

Sept. 6, 2017

RECAP
2

Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

RECAP
3

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER
4

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER

ORDER REASSIGNING CASE. Case reassigned to Judge Nicholas G. Garaufis and Magistrate Judge James Orenstein for all further proceedings. Judge Allyne R. Ross, Magistrate Judge Robert M. Levy no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 9/7/2017. (Bowens, Priscilla)

Sept. 7, 2017

Sept. 7, 2017

PACER
5

NOTICE of Appearance by Jonathan B. Miller on behalf of State of Massachussetts (aty to be noticed) (Miller, Jonathan) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

RECAP
6

MOTION for Leave to Appear Pro Hac Vice Colleen Melody Filing fee $ 150, receipt number 0207-9810258. by State of Washington. (Attachments: # 1 Affidavit in Support of Motion to Admit Counsel, # 2 Exhibit Certificate of Good Standing - WA) (Melody, Colleen) (Entered: 09/07/2017)

1 Affidavit in Support of Motion to Admit Counsel

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2 Exhibit Certificate of Good Standing - WA

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Sept. 7, 2017

Sept. 7, 2017

PACER
7

MOTION for Leave to Appear Pro Hac Vice Robert Ferguson Filing fee $ 150, receipt number 0207-9810331. by State of Washington. (Attachments: # 1 Affidavit in Support of Motion to Admit Counsel, # 2 Exhibit Certificate of Good Standing -WA) (Melody, Colleen) (Entered: 09/07/2017)

1 Affidavit in Support of Motion to Admit Counsel

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2 Exhibit Certificate of Good Standing -WA

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Sept. 7, 2017

Sept. 7, 2017

PACER
8

MOTION to Reassign Case requesting reassignment to the Honorable Nicholas G. Garaufis, because it is related to Batalla Vidal et al. v. Baran et al., No. 1:16-cv-4756 by State Of New York, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Massachussetts, State of New Mexico, State of North Carolina, State of Oregon, State of Pennsylvania, State of Rhode Island, State of Vermont, State of Virginia, State of Washington. (Guzzi, Roseann) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

RECAP
9

ORDER granting 6 Motion for Leave to Appear Pro Hac Vice -- Attorney Colleen Melody, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 15, 2017, Ms. Melody shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Melody shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Melody shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/8/2017. (Miao, Tiffany) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
10

ORDER granting 7 Motion for Leave to Appear Pro Hac Vice -- Attorney Robert Ferguson, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 15, 2017, Mr. Ferguson shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Ferguson shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Ferguson shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/8/2017. (Miao, Tiffany) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
11

NOTICE of Appearance by Colleen Melody on behalf of State of Washington (notification declined or already on case) (Melody, Colleen) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
12

EXHIBIT List attaching exhibits 1-105, originally identified in ECF 1-2 by District of Columbia, State Of New York, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Massachusetts, State of New Mexico, State of North Carolina, State of Oregon, State of Pennsylvania, State of Rhode Island, State of Vermont, State of Virginia, State of Washington. Related document: 1 Complaint,,, filed by State of Hawaii, State of Virginia, State of Rhode Island, State Of New York, State of Iowa, State of Vermont, State of Connecticut, State of Oregon, State of Illinois, District of Columbia, State of North Carolina, State of Delaware, State of Massachusetts, State of New Mexico, State of Washington, State of Pennsylvania. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90, # 91 Exhibit 91, # 92 Exhibit 92, # 93 Exhibit 93, # 94 Exhibit 94, # 95 Exhibit 95, # 96 Exhibit 96, # 97 Exhibit 97, # 98 Exhibit 98, # 99 Exhibit 99, # 100 Exhibit 100, # 101 Exhibit 101, # 102 Exhibit 102, # 103 Exhibit 103, # 104 Exhibit 104, # 105 Exhibit 105) (Rosado, Lourdes) (Entered: 09/08/2017)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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19 Exhibit 19

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20 Exhibit 20

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21 Exhibit 21

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22 Exhibit 22

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23 Exhibit 23

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24 Exhibit 24

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25 Exhibit 25

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26 Exhibit 26

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27 Exhibit 27

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28 Exhibit 28

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29 Exhibit 29

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30 Exhibit 30

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32 Exhibit 32

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33 Exhibit 33

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34 Exhibit 34

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35 Exhibit 35

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36 Exhibit 36

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37 Exhibit 37

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38 Exhibit 38

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39 Exhibit 39

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40 Exhibit 40

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41 Exhibit 41

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42 Exhibit 42

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43 Exhibit 43

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44 Exhibit 44

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45 Exhibit 45

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46 Exhibit 46

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47 Exhibit 47

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48 Exhibit 48

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49 Exhibit 49

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50 Exhibit 50

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51 Exhibit 51

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52 Exhibit 52

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53 Exhibit 53

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54 Exhibit 54

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55 Exhibit 55

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56 Exhibit 56

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58 Exhibit 58

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62 Exhibit 62

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63 Exhibit 63

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64 Exhibit 64

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65 Exhibit 65

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66 Exhibit 66

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68 Exhibit 68

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70 Exhibit 70

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72 Exhibit 72

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90 Exhibit 90

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91 Exhibit 91

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92 Exhibit 92

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96 Exhibit 96

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98 Exhibit 98

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100 Exhibit 100

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101 Exhibit 101

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102 Exhibit 102

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103 Exhibit 103

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104 Exhibit 104

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105 Exhibit 105

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Sept. 8, 2017

Sept. 8, 2017

PACER
13

NOTICE of Appearance by Ajay Saini on behalf of State Of New York (aty to be noticed) (Saini, Ajay) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
14

NOTICE of Appearance by Diane Omotayo Lucas on behalf of State Of New York (aty to be noticed) (Lucas, Diane) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
15

NOTICE of Appearance by Sania Waheed Khan on behalf of State Of New York (aty to be noticed) (Khan, Sania) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
16

NOTICE of Appearance by Ari Biernoff on behalf of State of New Mexico (aty to be noticed) (Biernoff, Ari) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
17

NOTICE of Appearance by Robert W. Ferguson on behalf of State of Washington (aty to be noticed) (Ferguson, Robert) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
18

NOTICE of Appearance by Benjamin Daniel Battles on behalf of State of Vermont (aty to be noticed) (Battles, Benjamin) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
19

MOTION for Leave to Appear Pro Hac Vice Marsha J. Chien Filing fee $ 150, receipt number 0207-9820306. by State of Washington. (Attachments: # 1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Exhibit Certificate of Good Standing - State of Washington, # 3 Exhibit Certificate of Good Standing - State of California) (Chien, Marsha) (Entered: 09/11/2017)

1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice

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2 Exhibit Certificate of Good Standing - State of Washington

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3 Exhibit Certificate of Good Standing - State of California

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Sept. 11, 2017

Sept. 11, 2017

PACER
20

NOTICE of Appearance by Marsha Chien on behalf of State of Washington (notification declined or already on case) (Chien, Marsha) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER

ORDER granting 19 Motion for Leave to Appear Pro Hac Vice -- Attorney Marsha Chien, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 19, 2017, Ms. Chien shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Chien shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Chien shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/12/2017. (Miao, Tiffany)

Sept. 12, 2017

Sept. 12, 2017

PACER
21

MOTION for Leave to Appear Pro Hac Vice Matthew R. McGuire Filing fee $ 150, receipt number 0207-9825553. by State of Virginia. (Attachments: # 1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Exhibit Certificate of Good Standing from the Commonwealth of Virginia) (McGuire, Matthew) (Entered: 09/13/2017)

1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice

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2 Exhibit Certificate of Good Standing from the Commonwealth of Virginia

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Sept. 13, 2017

Sept. 13, 2017

PACER
22

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9827403. by State of New Mexico. (Attachments: # 1 Affidavit Affidavit for Pro Hac Vice - Tania Maestas, # 2 Certificate of Good Standing - Tania Maestas) (Maestas, Tania) (Entered: 09/13/2017)

1 Affidavit Affidavit for Pro Hac Vice - Tania Maestas

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2 Certificate of Good Standing - Tania Maestas

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Sept. 13, 2017

Sept. 13, 2017

PACER
23

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9827426. by State of Hawaii. (Attachments: # 1 Notice of Motion to Admit Counsel Pro Hac Vice, # 2 Affidavit of Donna H. Kalama) (Kalama, Donna) (Entered: 09/13/2017)

1 Notice of Motion to Admit Counsel Pro Hac Vice

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2 Affidavit of Donna H. Kalama

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Sept. 13, 2017

Sept. 13, 2017

PACER

ORDER granting 21 Motion for Leave to Appear Pro Hac Vice -- Attorney Matthew McGuire, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 21, 2017, Mr. McGuire shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. McGuire shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. McGuire shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/14/2017. (Miao, Tiffany)

Sept. 14, 2017

Sept. 14, 2017

PACER

ORDER granting 22 Motion for Leave to Appear Pro Hac Vice -- Attorney Tania Maestas, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 21, 2017, Ms. Maestas shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Maestas shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Maestas shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/14/2017. (Miao, Tiffany)

Sept. 14, 2017

Sept. 14, 2017

PACER

ORDER granting 23 Motion for Leave to Appear Pro Hac Vice -- Attorney Donna Kalama, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 21, 2017, Ms. Kalama shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Kalama shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Kalama shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/14/2017. (Miao, Tiffany)

Sept. 14, 2017

Sept. 14, 2017

PACER
24

MOTION for Leave to Appear Pro Hac Vice by Genevieve Nadeau Filing fee $ 150, receipt number 0207-9829035. by State of Massachusetts. (Attachments: # 1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Exhibit Certificates of Good Standing) (Nadeau, Genevieve) (Entered: 09/14/2017)

1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice

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2 Exhibit Certificates of Good Standing

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Sept. 14, 2017

Sept. 14, 2017

PACER
25

SUMMONS Returned Executed by State Of New York. All Defendants. (Lucas, Diane) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

RECAP
26

NOTICE of Appearance by Donna H. Kalama on behalf of State of Hawaii (notification declined or already on case) (Kalama, Donna) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
27

NOTICE of Appearance by Tania Maestas on behalf of State of New Mexico (notification declined or already on case) (Maestas, Tania) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER

ORDER granting 24 Motion for Leave to Appear Pro Hac Vice -- Attorney Genevieve Nadeau, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 21, 2017, Ms. Nadeau shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Nadeau shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Nadeau shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/15/2017. (Miao, Tiffany)

Sept. 15, 2017

Sept. 15, 2017

PACER
28

ORDER: As discussed on the record at the conference in the Batalla Vidal action on September 14, 2017, I respectfully direct the parties to meet and confer about discovery. No later than September 22, 2017, the parties shall report their respective positions on the threshold question of whether discovery should proceed now or await the resolution of the defendants' anticipated motion for dismissal. By the same date, the parties shall submit their respective scheduling proposals in the event discovery is not stayed, as well as a proposed schedule for litigating any specific discovery disputes that the parties have identified as likely to arise. I will expect the parties to be prepared to discuss all matters relating to discovery at the next conference on September 26, 2017. In light of the fact that the parties to the Batalla Vidal action have agreed to the filing of a second amended complaint that will include claims that overlap with those already asserted in State of New York action, I encourage the plaintiffs' counsel in the latter case to participate in the meet-and-confer process in the former. Although issue has not yet been joined in the State of New York action, the participation of counsel from that case in the discovery planning process in the Batalla Vidal action will help to avoid needless burdens on the parties in each case. I therefore invite counsel for the parties in the State of New York action to appear at the conference in the Batalla Vidal action on September 26, 2017, and to participate in the discussion of issues relating to the discovery process. Ordered by Magistrate Judge James Orenstein on 9/15/2017. (Orenstein, James) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
29

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9832264. by State of Connecticut. (Kohler, Mark) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
30

MOTION for Leave to Appear Pro Hac Vice Anna Crane Filing fee $ 150, receipt number 0207-9833040. by State of Illinois. (Attachments: # 1 Affidavit of Anna Crane in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Exhibit Certificate of Good Standing - IL) (Crane, Anna) (Entered: 09/15/2017)

1 Affidavit of Anna Crane in Support of Motion to Admit Counsel Pro Hac Vice

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2 Exhibit Certificate of Good Standing - IL

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Sept. 15, 2017

Sept. 15, 2017

PACER
31

NOTICE of Appearance by Brad Rosenberg on behalf of All Defendants (aty to be noticed) (Rosenberg, Brad) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
32

NOTICE of Appearance by Joseph Anthony Marutollo on behalf of All Defendants (aty to be noticed) (Marutollo, Joseph) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER

ORDER granting 30 Motion for Leave to Appear Pro Hac Vice -- Attorney Anna Crane, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 25, 2017, Ms. Crane shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Crane shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Crane shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/18/2017. (Miao, Tiffany)

Sept. 18, 2017

Sept. 18, 2017

PACER

ORDER granting 29 Motion for Leave to Appear Pro Hac Vice -- Attorney Mark Kohler, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By Septemeber 25, 2017, Mr. Kohler shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Kohler shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Kohler shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/18/2017. (Miao, Tiffany)

Sept. 18, 2017

Sept. 18, 2017

PACER
33

NOTICE of Appearance by Matthew R. McGuire on behalf of State of Virginia (notification declined or already on case) (McGuire, Matthew) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
34

NOTICE of Appearance by Genevieve C. Nadeau on behalf of State of Massachusetts (notification declined or already on case) (Nadeau, Genevieve) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
35

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9835930. by State of Massachusetts. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing) (Taylor, Abigail) (Entered: 09/18/2017)

1 Affidavit

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2 Certificate of Good Standing

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Sept. 18, 2017

Sept. 18, 2017

PACER

ORDER granting 35 Motion for Leave to Appear Pro Hac Vice -- Attorney Abigail Taylor, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 26, 2017, Ms. Taylor shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Taylor shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Taylor shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/19/2017. (Miao, Tiffany)

Sept. 19, 2017

Sept. 19, 2017

PACER
36

NOTICE of Appearance by Anna P. Crane on behalf of State of Illinois (notification declined or already on case) (Crane, Anna) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
37

NOTICE of Appearance by Abigail Taylor on behalf of State of Massachusetts (notification declined or already on case) (Taylor, Abigail) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
38

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9840378. by State of Iowa. (Attachments: # 1 Affidavit, # 2 Certificate in Good Standing) (Blake, Nathanael) (Entered: 09/19/2017)

1 Affidavit

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2 Certificate in Good Standing

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Sept. 19, 2017

Sept. 19, 2017

PACER
39

NOTICE of Appearance by Stephen M. Pezzi on behalf of All Defendants (aty to be noticed) (Pezzi, Stephen) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER

ORDER granting 38 Motion for Leave to Appear Pro Hac Vice -- Attorney Nathanael Blake, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 28, 2017, Mr. Blake shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Blake shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Blake shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/21/2017. (Miao, Tiffany)

Sept. 21, 2017

Sept. 21, 2017

PACER
40

First MOTION for Leave to Appear Pro Hac Vice Michael Field Filing fee $ 150, receipt number 0207-9849298. by State of Rhode Island. (Attachments: # 1 Affidavit - Field, Michael, # 2 Good Standing - Field, Michael) (Roach, Adam) (Entered: 09/22/2017)

1 Affidavit - Field, Michael

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2 Good Standing - Field, Michael

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Sept. 22, 2017

Sept. 22, 2017

PACER
41

First MOTION for Leave to Appear Pro Hac Vice Adam Roach Filing fee $ 150, receipt number 0207-9849337. by State of Rhode Island. (Attachments: # 1 PHV Affidavit - Roach, Adam, # 2 PHV Good Standing - Roach) (Roach, Adam) (Entered: 09/22/2017)

1 PHV Affidavit - Roach, Adam

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2 PHV Good Standing - Roach

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Sept. 22, 2017

Sept. 22, 2017

PACER
42

First MOTION for Leave to Appear Pro Hac Vice Rebecca Partington Filing fee $ 150, receipt number 0207-9849359. by State of Rhode Island. (Attachments: # 1 PHV Affidavit - Partington, # 2 PHV Good Standing - Partington) (Roach, Adam) (Entered: 09/22/2017)

1 PHV Affidavit - Partington

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2 PHV Good Standing - Partington

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Sept. 22, 2017

Sept. 22, 2017

PACER
43

Letter in Response to Sept. 15, 2017 Order Regarding Defendants' Position on Discovery by Donald Trump, Elaine C. Duke, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States of America (Pezzi, Stephen) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

RECAP

ORDER granting 40 Motion for Leave to Appear Pro Hac Vice -- Attorney Michael Field, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By October 2, 2017, Mr. Field shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Field shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Field shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/25/2017. (Miao, Tiffany)

Sept. 25, 2017

Sept. 25, 2017

PACER

ORDER granting 41 Motion for Leave to Appear Pro Hac Vice Attorney Adam Roach, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By October 2, 2017, Mr. Roach shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Roach shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Roach shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/25/2017. (Miao, Tiffany)

Sept. 25, 2017

Sept. 25, 2017

PACER

ORDER granting 42 Motion for Leave to Appear Pro Hac Vice -- Attorney Rebecca Partington, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By October 2, 2017, Ms. Partington shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Partington shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Partington shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/25/2017. (Miao, Tiffany)

Sept. 25, 2017

Sept. 25, 2017

PACER
44

NOTICE of Appearance by Adam Roach on behalf of State of Rhode Island (notification declined or already on case) (Roach, Adam) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER
45

NOTICE of Appearance by Michael Field on behalf of State of Rhode Island (aty to be noticed) (Field, Michael) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
46

SCHEDULING ORDER: Joint proposal for schedule of bi-weekly status conferences to address outstanding discovery disputes due by: September 29, 2017. Deadline for all Rule 26(a)(1) disclosures: October 4, 2017. Deadline for defendants' production of administrative record and privilege log: October 6, 2017. Objections to discovery requests due by: 1 week after service of requests. Responses to discovery requests due by: 2 weeks after service of requests. Deposition errata due by: 1 week after deposition. Joint status report due by: 1 week before each status conference. All expert disclosures due by: November 15, 2017. All discovery to be completed by: December 15, 2017. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 9/27/2017. (Orenstein, James) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

RECAP
47

NOTICE of Appearance by Rebecca Partington on behalf of State of Rhode Island (aty to be noticed) (Partington, Rebecca) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
48

Letter MOTION to Vacate in part Sept. 27, 2017 Case-Management and Scheduling Order by Donald Trump, Elaine C. Duke, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States of America. (Pezzi, Stephen) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

RECAP

ORDER re: Defendants' 48 Motion to Vacate in Part Magistrate Judge James Orenstein's 46 Case Management and Scheduling Order. Plaintiffs are DIRECTED to respond to Defendants' motion by no later than Tuesday, October 3, 2017, at 12 p.m. Ordered by Judge Nicholas G. Garaufis on 9/30/2017. (Scott, Conrad)

Sept. 30, 2017

Sept. 30, 2017

PACER

SCHEDULING ORDER: I respectfully direct the parties to appear before me for a status conference on each of the following dates, at 2:00 p.m. in courtroom 11D South: October 11, October 25, November 8, November 29, and December 13, 2017. I further respectfully direct the parties to submit a joint status report by October 6, 2017, in advance of the first conference scheduled above, and to submit a joint status report no later than one week before each subsequent conference. I will cancel any conference on the parties' unanimous request. Any counsel of record who wishes to listen to a conference by telephone may make arrangements to do so, but any counsel who wishes to be heard at a conference must appear in person. Ordered by Magistrate Judge James Orenstein on 10/2/2017. (Orenstein, James)

Oct. 2, 2017

Oct. 2, 2017

PACER
49

RESPONSE in Opposition re 48 Letter MOTION to Vacate in part Sept. 27, 2017 Case-Management and Scheduling Order filed by All Plaintiffs. (Lucas, Diane) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
50

MOTION for Leave to Appear Pro Hac Vice by Michael Fischer Filing fee $ 150, receipt number 0207-9875850. by State of Pennsylvania. (Attachments: # 1 Affidavit in Support of Motion, # 2 Exhibit Certificate of Good Standing, # 3 Certificate of Good Standing) (Fischer, Michael) (Entered: 10/03/2017)

1 Affidavit in Support of Motion

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2 Exhibit Certificate of Good Standing

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3 Certificate of Good Standing

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Oct. 3, 2017

Oct. 3, 2017

PACER
51

ORDER re Defendants' Motion to Vacate in Part Magistrate Judge James Orenstein's Case Management and Scheduling Order: The Motion is GRANTED in part, as stated in the attached order. Defendants' time to submit a privilege log is extended to October 20, 2017. The court will address Defendants' remaining objections by separate order. Defendants are invited to file a reply, not to exceed five pages, to Plaintiffs' oppositions no later than October 10, 2017. Re (69) Motion to Vacate in Case 16-CV-4756-NGG-JO and (48) Motion to Vacate in Case 17-CV-5228-NGG-JO. Ordered by Judge Nicholas G. Garaufis on 10/3/2017. (Scott, Conrad) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

RECAP

ORDER granting 50 Motion for Leave to Appear Pro Hac Vice -- Attorney Michael Fischer, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By October 11, 2017, Mr. Fischer shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Fischer shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Fischer shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 10/4/2017. (Drake, Shaw)

Oct. 4, 2017

Oct. 4, 2017

PACER
52

NOTICE of Appearance by Michael Fischer on behalf of State of Pennsylvania (notification declined or already on case) (Fischer, Michael) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
53

NOTICE of Appearance by Kate Bailey on behalf of All Defendants (aty to be noticed) (Bailey, Kate) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
54

AMENDED COMPLAINT from Plaintiff States against All Defendants, filed by State of North Carolina, State of Hawaii, State of Massachusetts, State Of New York, State of Virginia, State of Pennsylvania, District of Columbia, State of Washington, State of Iowa, State of Oregon, State of Rhode Island, State of Vermont, State of Illinois, State of Connecticut, State of New Mexico, State of Delaware, State of Colorado. (Attachments: # 1 Appendix Exhibit List) (Khan, Sania) (Entered: 10/04/2017)

1 Appendix Exhibit List

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Oct. 4, 2017

Oct. 4, 2017

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55

Exhibit List to Plaintiff States' First Amended Complaint (ECF 54) by District of Columbia, State Of New York, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Massachusetts, State of New Mexico, State of North Carolina, State of Oregon, State of Pennsylvania, State of Rhode Island, State of Vermont, State of Virginia, State of Washington. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16 Exhibit Exhibit 16, # 17 Exhibit Exhibit 17, # 18 Exhibit Exhibit 18, # 19 Exhibit Exhibit 19, # 20 Exhibit Exhibit 20, # 21 Exhibit Exhibit 21, # 22 Exhibit Exhibit 22, # 23 Exhibit Exhibit 23, # 24 Exhibit Exhibit 24, # 25 Exhibit Exhibit 25, # 26 Exhibit Exhibit 26, # 27 Exhibit Exhibit 27, # 28 Exhibit Exhibit 28, # 29 Exhibit Exhibit 29, # 30 Exhibit Exhibit 30, # 31 Exhibit Exhibit 31, # 32 Exhibit Exhibit 32, # 33 Exhibit Exhibit 33, # 34 Exhibit Exhibit 34, # 35 Exhibit Exhibit 35, # 36 Exhibit Exhibit 36, # 37 Exhibit Exhibit 37, # 38 Exhibit Exhibit 38, # 39 Exhibit Exhibit 39, # 40 Exhibit Exhibit 40, # 41 Exhibit Exhibit 41, # 42 Exhibit Exhibit 42, # 43 Exhibit Exhibit 43, # 44 Exhibit Exhibit 44, # 45 Exhibit Exhibit 45, # 46 Exhibit Exhibit 46, # 47 Exhibit Exhibit 47, # 48 Exhibit Exhibit 48, # 49 Exhibit Exhibit 49, # 50 Exhibit Exhibit 50, # 51 Exhibit Exhibit 51, # 52 Exhibit Exhibit 52, # 53 Exhibit Exhibit 53, # 54 Exhibit Exhibit 54, # 55 Exhibit Exhibit 55, # 56 Exhibit Exhibit 56, # 57 Exhibit Exhibit 57, # 58 Exhibit Exhibit 58, # 59 Exhibit Exhibit 59, # 60 Exhibit Exhibit 60, # 61 Exhibit Exhibit 61, # 62 Exhibit Exhibit 62, # 63 Exhibit Exhibit 63, # 64 Exhibit Exhibit 64, # 65 Exhibit Exhibit 65, # 66 Exhibit Exhibit 66, # 67 Exhibit Exhibit 67, # 68 Exhibit Exhibit 68, # 69 Exhibit Exhibit 69, # 70 Exhibit Exhibit 70, # 71 Exhibit Exhibit 71, # 72 Exhibit Exhibit 72, # 73 Exhibit Exhibit 73, # 74 Exhibit Exhibit 74, # 75 Exhibit Exhibit 75, # 76 Exhibit Exhibit 76, # 77 Exhibit Exhibit 77, # 78 Exhibit Exhibit 78, # 79 Exhibit Exhibit 79, # 80 Exhibit Exhibit 80, # 81 Exhibit Exhibit 81, # 82 Exhibit Exhibit 82, # 83 Exhibit Exhibit 83, # 84 Exhibit Exhibit 84, # 85 Exhibit Exhibit 85, # 86 Exhibit Exhibit 86, # 87 Exhibit Exhibit 87, # 88 Exhibit Exhibit 88, # 89 Exhibit Exhibit 89, # 90 Exhibit Exhibit 90, # 91 Exhibit Exhibit 91, # 92 Exhibit Exhibit 92, # 93 Exhibit Exhibit 93, # 94 Exhibit Exhibit 94, # 95 Exhibit Exhibit 95, # 96 Exhibit Exhibit 96, # 97 Exhibit Exhibit 97, # 98 Exhibit Exhibit 98, # 99 Exhibit Exhibit 99, # 100 Exhibit Exhibit 100, # 101 Exhibit Exhibit 101, # 102 Exhibit Exhibit 102, # 103 Exhibit Exhibit 103, # 104 Exhibit Exhibit 104, # 105 Exhibit Exhibit 105, # 106 Exhibit Exhibit 106, # 107 Exhibit Exhibit 107, # 108 Exhibit Exhibit 108, # 109 Exhibit Exhibit 109, # 110 Exhibit Exhibit 110, # 111 Exhibit Exhibit 111, # 112 Exhibit Exhibit 112, # 113 Exhibit Exhibit 113, # 114 Exhibit Exhibit 114, # 115 Exhibit Exhibit 115, # 116 Exhibit Exhibit 116, # 117 Exhibit Exhibit 117, # 118 Exhibit Exhibit 118, # 119 Exhibit Exhibit 119, # 120 Exhibit Exhibit 120, # 121 Exhibit Exhibit 121, # 122 Exhibit Exhibit 122, # 123 Exhibit Exhibit 123, # 124 Exhibit Exhibit 124, # 125 Exhibit Exhibit 125, # 126 Exhibit Exhibit 126, # 127 Exhibit Exhibit 127, # 128 Exhibit Exhibit 128, # 129 Exhibit Exhibit 129, # 130 Exhibit Exhibit 130, # 131 Exhibit Exhibit 131, # 132 Exhibit Exhibit 132, # 133 Exhibit Exhibit 133, # 134 Exhibit Exhibit 134, # 135 Exhibit Exhibit 135, # 136 Exhibit Exhibit 136, # 137 Exhibit Exhibit 137, # 138 Exhibit Exhibit 138, # 139 Exhibit Exhibit 139, # 140 Exhibit Exhibit 140, # 141 Exhibit Exhibit 141, # 142 Exhibit Exhibit 142, # 143 Exhibit Exhibit 143, # 144 Exhibit Exhibit 144, # 145 Exhibit Exhibit 145, # 146 Exhibit Exhibit 146, # 147 Exhibit Exhibit 147, # 148 Exhibit Exhibit 148, # 149 Exhibit Exhibit 149, # 150 Exhibit Exhibit 150, # 151 Exhibit Exhibit 151, # 152 Exhibit Exhibit 152, # 153 Exhibit Exhibit 153, # 154 Exhibit Exhibit 154, # 155 Exhibit Exhibit 155, # 156 Exhibit Exhibit 156, # 157 Exhibit Exhibit 157, # 158 Exhibit Exhibit 158, # 159 Exhibit Exhibit 159, # 160 Exhibit Exhibit 160, # 161 Exhibit Exhibit 161, # 162 Exhibit Exhibit 162, # 163 Exhibit Exhibit 163, # 164 Exhibit Exhibit 164, # 165 Exhibit Exhibit 165, # 166 Exhibit Exhibit 166, # 167 Exhibit Exhibit 167, # 168 Exhibit Exhibit 168, # 169 Exhibit Exhibit 169, # 170 Exhibit Exhibit 170, # 171 Exhibit Exhibit 171, # 172 Exhibit Exhibit 172, # 173 Exhibit Exhibit 173, # 174 Exhibit Exhibit 174, # 175 Exhibit Exhibit 175, # 176 Exhibit Exhibit 176, # 177 Exhibit Exhibit 177, # 178 Exhibit Exhibit 178, # 179 Exhibit Exhibit 179) (Saini, Ajay) (Entered: 10/04/2017)

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Oct. 4, 2017

Oct. 4, 2017

PACER
56

NOTICE by Donald Trump, Elaine C. Duke, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States of America of Filing of Administrative Record (Attachments: # 1 Ex. 1 - Administrative Record) (Pezzi, Stephen) (Entered: 10/06/2017)

1 Ex. 1 - Administrative Record

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Oct. 6, 2017

Oct. 6, 2017

PACER
57

STATUS REPORT (Joint) by Donald Trump, Elaine C. Duke, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States of America (Bailey, Kate) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER

ORDER re docket entry #78 in CV 16-4756 and docket entry #57 in CV 17-5228 STATUS REPORT (Joint) -- The plaintiffs may file a response to the defendants' objections to discovery by 2:00 p.m. on October 10, 2017. Ordered by Magistrate Judge James Orenstein on 10/9/2017. (Guy, Alicia)

Oct. 9, 2017

Oct. 9, 2017

PACER
58

Letter in Response to Defendants' Objections to Discovery by District of Columbia, State Of New York, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Massachusetts, State of New Mexico, State of North Carolina, State of Oregon, State of Pennsylvania, State of Rhode Island, State of Vermont, State of Virginia, State of Washington (Lucas, Diane) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

RECAP
59

REPLY in Support re 48 Letter MOTION to Vacate in part Sept. 27, 2017 Case-Management and Scheduling Order filed by All Defendants. (Pezzi, Stephen) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

RECAP
60

Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 10/11/2017, ( Status Conference set for 11/30/2017 02:00 PM in Courtroom 11D South before Magistrate Judge James Orenstein.) SCHEDULING: (1) The next status conference will be held on October 25, 2017, at 2:00 p.m. (2) A further status conference will be held on November 8, 2017, at 2:00 p.m. (3) A further status conference will be held on November 30, 2017, at 2:00 p.m. (4) A further status conference will be held on December 13, 2017, at 2:00 p.m. SUMMARY: (1) The conference previously scheduled for November 29, 2017, was adjourned to November 30, 2017, at 2:00 p.m. (2) I provided information to the parties about former colleagues and friends of mine who are involved in the litigation. I see no need to disqualify myself sua sponte, but any party seeking my disqualification on the basis of that information may file a motion by October 18, 2017. (3) As set forth on the record, I overruled the defendants' objections to the depositions of Donald Neufeld and Gene Hamilton. Other discovery disputes were not ripe for resolution today. The plaintiffs shall file a letter motion to compel the defendants to complete their production of the administrative record by October 13, 2017, and the defendants shall respond by October 16, 2017. (Court Reporter Linda Marino.) (Orenstein, James) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
61

SCHEDULING ORDER: At a conference on October 11, 2017, I made certain discovery rulings as to which the parties may seek review. See Fed. R. Civ. P. 72(a). Because the exigencies of this case make it impractical to allow the parties the full 14 days to file objections that would normally be available, I direct any party seeking review of this or any other ruling I make in this case to file objections no later than two business days after the ruling at issue unless otherwise ordered. See, e.g., Hispanic Counseling Ctr., Inc. v. Inc. Vill. of Hempstead, 237 F. Supp. 2d 284, 290 (E.D.N.Y. 2002). Responses to such objections shall be due two business days after the objections are filed unless otherwise ordered. Ordered by Magistrate Judge James Orenstein on 10/11/2017. (Orenstein, James) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

RECAP
62

MOTION for Leave to Appear Pro Hac Vice of Jonathan Scott Goldman Filing fee $ 150, receipt number 0207-9899444. by State of Pennsylvania. (Attachments: # 1 Affidavit in Support) (Goldman, Jonathan) (Entered: 10/12/2017)

1 Affidavit in Support

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Oct. 12, 2017

Oct. 12, 2017

PACER

ORDER granting 62 Motion for Leave to Appear Pro Hac Vice -- Attorney Jonathan S. Goldman, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By October 20, 2017, Mr. Goldman shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Goldman shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Goldman shall also ensure that the $150 admission fee be submitted to the Clerk's Office.. Ordered by Magistrate Judge James Orenstein on 10/13/2017. (Drake, Shaw)

Oct. 13, 2017

Oct. 13, 2017

PACER
63

MEMORANDUM & ORDER, The Court GRANTS in part, DENIES in part and RESERVES RULING in part on Defendants' motion to vacate the Order (Dkt. 69). So Ordered by Judge Nicholas G. Garaufis on 10/17/2017. (Re: (69) Motion to Vacate in case 1:16-cv-04756-NGG-JO; and, (48) Motion to Vacate in case 1:17-cv-05228-NGG-JO) (Lee, Tiffeny) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
64

Letter MOTION to Stay by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States of America. (Attachments: # 1 Supporting Declarations) (Pezzi, Stephen) (Entered: 10/18/2017)

1 Supporting Declarations

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Oct. 18, 2017

Oct. 18, 2017

PACER
65

ORDER granting (84) Motion to Produce in case 1:16-cv-04756-NGG-JO. For the reasons set forth in the attached document, I grant the motion to compel and respectfully direct the defendants to complete production of the administrative record by 3:00 p.m., Eastern Daylight Time, on October 27, 2017. Ordered by Magistrate Judge James Orenstein on 10/19/2017. (Orenstein, James) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
66

ORDER re: Motion to Stay in Case No. 1:16-cv-04756 (Dkt. 87) and Motion to Stay in Case No. 1:17-cv-05228 (Dkt. 64): The motion is denied for the reasons stated in the attached order. Ordered by Judge Nicholas G. Garaufis on 10/19/2017. (Scott, Conrad) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
67

NOTICE of Appearance by Brian Alexander De Haan on behalf of State of Oregon (aty to be noticed) (De Haan, Brian) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
68

USCA ORDER - The Government's emergency motion for a stay of discovery and record supplementation in the proceedings before the District Court is GRANTED pending its consideration by a regular three-judge panel of the Court, it being understood that during the pendency of this emergency motion and the stay hereby granted no rights or claims of rights of any of the parties shall have been waived or forfeited. The stay is contingent upon the Government filing the "full petition for a writ of mandamus", as described in its papers, on October 23, 2017 by 3:00 p.m. EST. It is so ordered. Certified Copy Issued: 10/20/17. USCA #17-3345. See also 16-cv-4756. (McGee, Mary Ann) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER

ORDER granting 69 Motion to Adjourn Conference -- The motion is granted on consent. The conference previously set for October 25, 2017, will be rescheduled immediately upon any resumption of discovery in this case. All other previously scheduled court appearance remain in effect. Ordered by Magistrate Judge James Orenstein on 10/23/2017. (Drake, Shaw)

Oct. 23, 2017

Oct. 23, 2017

PACER

ORDER: In light of the stay issued on October 20, 2017, by the U.S. Court of Appeals for the Second Circuit, the parties' deadline for filing supplemental letter briefs discussing whether the privilege-log requirement should extend to materials considered by second-tier subordinates (Oct. 19, 2017, Order (No. 16-CV-4756, Dkt. 90) at 11) is ADJOURNED, pending further notice. Ordered by Judge Nicholas G. Garaufis on 10/23/2017. (Scott, Conrad)

Oct. 23, 2017

Oct. 23, 2017

PACER
69

MOTION to Adjourn Conference (Unopposed) by Donald Trump, Elaine C. Duke, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States of America. (Pezzi, Stephen) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER

ORDER: In light of the order issued by the U.S. Court of Appeals for the Second Circuit in In re Duke, No. 17-3345, on October 24, 2017 (Dkt. 42), Defendants are DIRECTED to submit, by no later than 12:00 noon on Friday, October 27, 2017, a supplemental brief explaining why the court lacks jurisdiction to consider the claims raised in Batalla Vidal v. Duke, No. 16-4756, and New York v. Trump, No. 17-CV-5228, or why such claims are otherwise non-justiciable. Plaintiffs in each of these cases are DIRECTED to submit supplemental briefs in opposition by no later than 12:00 noon on Wednesday, November 1, 2017. The parties should include all arguments in support of their positions in their briefs; the court will not consider arguments incorporated by reference to other filings in these or any other cases. Ordered by Judge Nicholas G. Garaufis on 10/24/2017. (Scott, Conrad)

Oct. 24, 2017

Oct. 24, 2017

PACER
70

MOTION for Leave to File Excess Pages for Defendants' Brief (Unopposed) by Donald Trump, Elaine C. Duke, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States of America. (Marutollo, Joseph) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER

ORDER re: Defendants' (94) Application for Leave to File Excess Pages in Case No. 16-CV-04756 and (70) Application for Leave to File Excess Pages in Case No. 17-CV-05228: The applications are granted. Ordered by Judge Nicholas G. Garaufis on 10/26/2017. (Scott, Conrad)

Oct. 26, 2017

Oct. 26, 2017

PACER
71

MOTION to Dismiss by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States of America. Responses due by 11/1/2017 (Attachments: # 1 Memorandum in Support) (Pezzi, Stephen). (Entered: 10/27/2017)

1 Memorandum in Support

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Oct. 27, 2017

Oct. 27, 2017

RECAP
72

Notice of MOTION for Leave to Appear Pro Hac Vice Aaron R. Goldstein Filing fee $ 150, receipt number 0207-9937731. by State of Delaware. (Attachments: # 1 Affidavit in Support) (Goldstein, Aaron) (Entered: 10/27/2017)

1 Affidavit in Support

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Oct. 27, 2017

Oct. 27, 2017

PACER
73

Notice of MOTION for Leave to Appear Pro Hac Vice Aleine Cohen Filing fee $ 150, receipt number 0207-9937809. by State of Delaware. (Attachments: # 1 Affidavit in Support) (Cohen, Aleine) (Entered: 10/27/2017)

1 Affidavit in Support

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Oct. 27, 2017

Oct. 27, 2017

RECAP
74

NOTICE by Donald Trump, Elaine C. Duke, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States of America re 71 MOTION to Dismiss - Errata to Memorandum of Law in support of Defendants' Motion to Dismiss (Marutollo, Joseph) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

RECAP
75

ORDER re: Plaintiffs' (96) Motion for Clarification or for Leave to File Excess Pages in No. 16-CV-4756. Plaintiffs in Batalla Vidal v. Duke, No. 16-CV-4756, and New York v. Trump, No. 17-CV-5228, need not address Defendants' arguments, other than those pertaining to issues of jurisdiction and justiciability, in their supplemental briefs due November 1, 2017. See the attached order. Ordered by Judge Nicholas G. Garaufis on 10/27/2017. (Scott, Conrad) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER

ORDER granting 72 Motion for Leave to Appear Pro Hac Vice -- Attorney Aaron R. Goldstein, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By November 6, 2017, Mr. Goldstein shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Goldstein shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Goldstein shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 10/30/2017. (Drake, Shaw)

Oct. 30, 2017

Oct. 30, 2017

PACER

ORDER granting 73 Motion for Leave to Appear Pro Hac Vice -- Attorney Aleine Cohen, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By November 6, 2017, Ms. Cohen shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Cohen shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Cohen shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 10/30/2017. (Drake, Shaw)

Oct. 30, 2017

Oct. 30, 2017

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 6, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Various U.S. states

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

President of the United States, Federal

U.S. Department of Homeland Security, Federal

Secretary, Federal

U.S. Citizenship and Immigration Services, Federal

U.S. Immigration and Customs Enforcement, Federal

Acting Secretary, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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

Constitutional Clause(s):

Equal Protection

Due Process

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Confidentiality

Drivers Licenses

Education

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Youth / Adult separation

Discrimination-basis:

Immigration status

National origin discrimination

Benefit Source:

DACA (Deferred Action for Childhood Arrivals)

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Employment

Family Separation

Legalization/Amnesty

Status/Classification

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation

Work authorization - criteria

Work authorization - procedures

National Origin/Ethnicity:

Hispanic