Case: NAACP v. Bureau of the Census

8:18-cv-00891 | U.S. District Court for the District of Maryland

Filed Date: March 28, 2018

Closed Date: April 16, 2020

Clearinghouse coding complete

Case Summary

On March 28, 2018 the National Association for the Advancement of Colored People (NAACP) and Prince George’s County, Maryland filed this lawsuit in the U.S. District Court for the District of Maryland. The plaintiffs sued the U.S. Census Bureau, the Secretary of Commerce, and the President of the United States for “conspicuous neglect” of their duty to ensure the “actual enumeration” required by Article I of the U.S. Constitution. The case was assigned to Judge Paul W. Grimm.The plaintiffs cla…

On March 28, 2018 the National Association for the Advancement of Colored People (NAACP) and Prince George’s County, Maryland filed this lawsuit in the U.S. District Court for the District of Maryland. The plaintiffs sued the U.S. Census Bureau, the Secretary of Commerce, and the President of the United States for “conspicuous neglect” of their duty to ensure the “actual enumeration” required by Article I of the U.S. Constitution. The case was assigned to Judge Paul W. Grimm.

The plaintiffs claimed that this neglect had led to undercounting in the past, and would lead to higher undercounting in the 2020 Census, particularly affecting disadvantaged and minority populations. Prince George’s County alleged that its population had been undercounted by 1.9% in 2000 and 2.3% in 2010. These undercounts impacted redistricting, distribution of public funds, and apportionment of representation in the U.S. House of Representatives. The plaintiffs claimed that the 2010 Census undercounted African Americans by roughly 1.5 million, while overcounting other demographic groups such as home owners and non-Hispanic whites.

Census design flaws, underfunding, and lack of staff and leadership, together with Prince George’s County’s demographics and history of being undercounted, suggested a likelihood that the detrimental effects of undercounting were likely to be exacerbated for the county in the 2020 Census. For example, whereas the Bureau’s budget has typically grown with each successive Census, it has decreased from $4.2 billion in 2010 to $3.9 billion in 2020. Moreover, the plaintiffs claimed that the plan to administer more of the Census digitally would lead to undercounting for areas with little broadband access, and leave the Census open to cyber attacks.

The plaintiffs asked the court to declare that the government had an obligation to administer a fair and accurate census, and to enjoin the government from violating that duty. Moreover, the plaintiffs requested that the court issue an injunction requiring the government to propose and implement a policy that ensures a hard count subject to court monitoring.

The plaintiffs subsequently filed two amended complaints adding the parties’ addresses. The government moved to dismiss on July 13, 2018, arguing that the plaintiffs lacked standing, the claim was not ripe, the decision constituted a political question beyond judicial review, and that the Enumeration Clause required only that the government conduct a person-by-person headcount of the population. The plaintiffs responded a month later. They argued that they had standing, citing the specific injury of a “severe differential undercount” resulting in vote dilution and loss of federal funding. On ripeness, the plaintiffs claimed to be at imminent risk of harm, and waiting until the census began would leave them without remedy. Against the government’s claim of unreviewable discretion in conducting the census, the plaintiffs cited decades of census-related litigation. In November 2018, the plaintiffs submitted a supplemental notice of Judge George Hazel’s recent ruling in La Unión del Pueblo Entero v. Ross, a similar case in the District of Maryland, rejecting government arguments in a similar motion to dismiss.

The court set a hearing for January 14, 2019. However, the government moved to continue the hearing in light of the government shutdown and resulting lapse in appropriations. The plaintiffs opposed the motion, as the census count would occur in just over a year, and other courts had refused to delay ongoing census litigation for the same reason. They argued that the shutdown would disrupt census preparations, leading to further inaccurate results. The court denied the motion to continue the hearing, finding that the case involved the protection of property, that the shutdown supported the plaintiff’s argument that the government would not be prepared to conduct an accurate census in 2020, and that this type of motion has been denied in similar pending cases.

The court ruled on January 29, 2019, granting in part the motion to dismiss. 382 F. Supp. 3d 349. The court noted this case was unique from other pending census litigation, as this suit did not include a challenge to final agency action under the Administrative Procedure Act. Instead, it challenged the agency’s action before it had finalized the 2020 Census preparations. The court thus denied without prejudice the request for injunctive relief, finding this claim not yet ripe because preparations were ongoing. However, the court recognized the potential for declaratory relief to ensure sufficient funds for census preparations, found that the plaintiffs had standing on this claim, and allowed this claim to proceed.

On February 28, 2019, the court allowed the plaintiffs to amend their complaint, adding a claim under the Administrative Procedure Act, but not allowing a restatement of the Enumeration Clause claim. The government moved to dismiss the amended claims.

The plaintiffs filed a second amended complaint on April 1, 2019. This complaint, among other things, removed President Donald Trump as a defendant. On April 15, 2019, the government filed a motion to dismiss the second amended complaint. This motion to dismiss was granted on August 1, 2019. The court found that “the 2019 Appropriations Act moots the funding claim,” and “the Final Operational Plan is not final agency action” reviewable under the Administrative Procedure Act. 399 F.Supp.3d 406

On August 6, 2019, the plaintiffs appealed. Oral argument was heard on October 30, 2019, and the Fourth Circuit (Judges Roger Gregory, Barbara Keenan, and Julius Richardson) issued its opinion on December 19, 2019. It agreed with the district court that “plaintiffs’ APA claims, as pleaded, do not satisfy the jurisdictional limitations on judicial review set forth in the APA.” It disagreed, however, with the district court’s dismissal of the plaintiffs’ Enumeration Clause claim, “mindful of the Supreme Court’s recent guidance affirming judicial review of ‘both constitutional and statutory challenges to census-related decisionmaking,’ Dept’t of Commerce v. New York.” The Fourth Circuit remanded that portion of the case to the district court. 945 F.3d 183.

The plaintiffs filed a third amended complaint on January 10, 2020. In addition, the plaintiffs sought a preliminary injunction on January 21, 2020, asking the court to compel the government to expend 2020 Census funds in specified ways. On February 11, 2020, the government sought to dismiss the case, and sought summary judgment on the plaintiffs’ motion for a preliminary injunction.

On March 5, 2020, the court denied the plaintiffs’ motion for a preliminary injunction. The court held, among other things, that the plaintiffs had failed to demonstrate that the government had “refused to spend the appropriations from Congress in the specific manner that Congress directed,” and “if the census proceeds as planned, there will be a differential undercount of the magnitude they fear, or that if [the court] were to order the funds spent as they want, the 2020 census would not produce an equal or worse undercount for hard-to-count communities.”

In addition, the court granted the government’s motion to dismiss, on April 16, 2020. The court held that the plaintiffs did not “plausibly allege that the Census Bureau’s plan fails to bear a reasonable relationship to an actual enumeration or that any of the Census Bureau’s actions unreasonably compromise the distributive accuracy of the census.” As such, the court ruled the remaining motions moot, and directed the clerk to close the case. 2020 WL 1890531.

The case is closed.

Summary Authors

Will McCartney (4/5/2018)

Erica Lignell (3/29/2019)

Bogyung Lim (7/10/2020)

Related Cases

California v. Ross, Northern District of California (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6348226/parties/national-association-for-the-advancement-of-colored-people-v-bureau-of-the/

Judge(s)

Grimm, Paul William (Maryland)

Keenan, Barbara Milano (Virginia)

Sullivan, Timothy J. (Maryland)

Attorneys(s) for Plaintiff

Alderdice, Jacob (New York)

Alter, Benjamin Dylan (New York)

Asaka, Anson (Maryland)

Burbank, Renee (Connecticut)

Craine, Khyla Danielle (Maryland)

Creelan, Jeremy (New York)

Diaz, Jonathan (New York)

Judge(s)

Grimm, Paul William (Maryland)

Keenan, Barbara Milano (Virginia)

Sullivan, Timothy J. (Maryland)

Attorneys(s) for Plaintiff

Alderdice, Jacob (New York)

Alter, Benjamin Dylan (New York)

Asaka, Anson (Maryland)

Burbank, Renee (Connecticut)

Craine, Khyla Danielle (Maryland)

Creelan, Jeremy (New York)

Diaz, Jonathan (New York)

Gowdey, Logan J (New York)

Hoffman, Olivia (New York)

Kohlmann, Susan J. (New York)

Ross, Michael W. (New York)

Wishnie, Michael J. (New York)

Attorneys(s) for Defendant

Bailey, Kate (District of Columbia)

Coyle, Garrett Joseph (District of Columbia)

Ehrlich, Stephen (District of Columbia)

Federighi, Carol (District of Columbia)

Lynch, Christopher M (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Document

Docket [PACER]

National Association for the Advancement of Colored People v. Bureau of the Census

April 16, 2020 Docket
1

Complaint

National Association for the Advancement of Colored People v. Bureau of the Census

March 28, 2018 Complaint
38

Amended Complaint

2018 WL 6046270

June 14, 2018 Complaint
43

Defendants' Motion to Dismiss

July 13, 2018 Pleading / Motion / Brief
55

Letter Order Denying Motion to Continue

Jan. 7, 2019 Order/Opinion
64

Memorandum Opinion and Order Dismissing Claims Against Pres. Trump

382 F.Supp.3d 349, 2019 WL 355743

Jan. 29, 2019 Order/Opinion
76

Letter Order Granting Plaintiffs' Motion to Amend in Part

Feb. 28, 2019 Order/Opinion

Opinion

National Association for the Advancement of Colored People v. Bureau of the Census

U. S. Court of Appeals for the Fourth Circuit

945 F.3d 183

Dec. 19, 2019 Order/Opinion
168

Third Amended Complaint

National Association for the Advancement of Colored People v. Bureau of the Census

Jan. 10, 2020 Pleading / Motion / Brief
182

Order

National Association for the Advancement of Colored People v. Bureau of the Census

March 5, 2020 Order/Opinion

Resources

Title Description External URL

Calendar of Upcoming Deadlines and Hearings for Census 2020 Cases

A calendar of upcoming deadlines and hearings in key census citizenship question cases in New York, California and Maryland. March 29, 2019 https://www.brennancenter.org/analysis/calendar-upcoming-deadlines-and-hearings

NAACP v. Bureau of the Census

Brennan Center for Justice

The NAACP has sued the Census Bureau, contending that the Bureau’s inadequate preparations for the 2020 Census will lead to a dramatic undercount of communities of color and a violation of the govern… April 21, 2020 https://www.brennancenter.org/our-work/court-cases/naacp-v-bureau-census

2020 Census Litigation

The Brennan Center collected federal cases related to the 2020 census. The cases challenge attempts to add a citizenship question to the census, and allege insufficient funding budgeted for the Burea… https://www.brennancenter.org/issues/gerrymandering-fair-representation/fair-accurate-census/2020-census-litigation

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6348226/national-association-for-the-advancement-of-colored-people-v-bureau-of-the/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0416-7233608.), filed by Prince George's County Maryland NAACP Branch, PRINCE GEORGE'S COUNTY,MD, National Association for the Advancement of Colored People, Robert E Ross, H. Elizabeth Johnson.(Wishnie, Michael) (Entered: 03/28/2018)

March 28, 2018 RECAP
2

QC NOTICE: 1 Complaint, filed by National Association for the Advancement of Colored People, Prince George's County, Maryland, Robert E Ross, H. Elizabeth Johnson and Prince George's County Maryland NAACP Branch was filed incorrectly. **The following attachments are missing - Civil Cover Sheet and Proposed Summons. To correct this problem, file the Civil Cover Sheet and Proposed Summons using the civil event Notice (Other) and link the Civil Cover Sheet and Proposed Summons to 1 Complaint. (jf3s, Deputy Clerk) (Entered: 03/29/2018)

March 29, 2018 PACER
3

Letter Order Regarding the Filing of Motions. Signed by Judge Paul W. Grimm on 3/28/2018. (jf3s, Deputy Clerk) (Entered: 03/29/2018)

March 29, 2018 PACER
4

NOTICE by H. Elizabeth Johnson, National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, Robert E Ross re 1 Complaint, Civil Cover Sheet (Wishnie, Michael) (Entered: 03/29/2018)

March 29, 2018 PACER
5

NOTICE by H. Elizabeth Johnson, National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, Robert E Ross Proposed Summons (Wishnie, Michael) (Entered: 03/29/2018)

March 29, 2018 PACER
6

NOTICE by National Association for the Advancement of Colored People Rule 7.1 Corporate Disclosure Statement (Wishnie, Michael) (Entered: 03/29/2018)

March 29, 2018 RECAP
7

MOTION to Appear Pro Hac Vice for Susan J. Kohlmann (Filing fee $100, receipt number 0416-7238086.) by H. Elizabeth Johnson, National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, Robert E Ross(Wishnie, Michael) (Entered: 03/29/2018)

March 29, 2018 PACER
8

MOTION to Appear Pro Hac Vice for Jacob D. Alderdice (Filing fee $100, receipt number 0416-7238113.) by H. Elizabeth Johnson, National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, Robert E Ross(Wishnie, Michael) (Entered: 03/29/2018)

March 29, 2018 PACER
9

MOTION to Appear Pro Hac Vice for Jonathan M. Diaz (Filing fee $100, receipt number 0416-7238125.) by H. Elizabeth Johnson, National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, Robert E Ross(Wishnie, Michael) (Entered: 03/29/2018)

March 29, 2018 PACER
10

PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice on behalf of Susan Kohlmann. Directing attorney Susan Kohlmann to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 3/30/2018. (srd, Deputy Clerk) (Entered: 03/30/2018)

March 30, 2018 PACER
11

PAPERLESS ORDER granting 8 Motion to Appear Pro Hac Vice on behalf of Jacob Alderdice. Directing attorney Jacob Alderdice to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 3/30/2018. (srd, Deputy Clerk) (Entered: 03/30/2018)

March 30, 2018 PACER
12

PAPERLESS ORDER granting 9 Motion to Appear Pro Hac Vice on behalf of Jonathan Diaz. Directing attorney Jonathan Diaz to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 3/30/2018. (srd, Deputy Clerk) (Entered: 03/30/2018)

March 30, 2018 PACER
13

NOTICE of Appearance by Khyla Danielle Craine on behalf of National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch (Craine, Khyla) (Entered: 04/02/2018)

April 2, 2018 PACER
14

Summons Issued 60 days as to Bureau of the Census, Ron Jarmin, Wilbur Ross, The United States, Donald J. Trump, U.S. Attorney and U.S. Attorney General(jf3s, Deputy Clerk) (Entered: 04/03/2018)

April 3, 2018 PACER
15

NOTICE of Appearance by Michael J Wishnie on behalf of All Plaintiffs (Attachments: # 1 Exhibit Order Granting Petition for Certification of Law Students)(Wishnie, Michael) (Entered: 04/07/2018)

April 7, 2018 PACER
16

ACKNOWLEDGEMENT OF SERVICE Executed as to 13 Notice of Appearance Acknowledgement filed by H. Elizabeth Johnson, National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, Robert E Ross.(Craine, Khyla) (Entered: 04/09/2018)

April 9, 2018 PACER
17

MOTION to Appear Pro Hac Vice for Jeremy M. Creelan (Filing fee $100, receipt number 0416-7275215.) by H. Elizabeth Johnson, National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, Robert E Ross(Wishnie, Michael) (Entered: 04/17/2018)

April 17, 2018 PACER
18

PAPERLESS ORDER granting 17 Motion to Appear Pro Hac Vice on behalf of Jeremy Creelan. Directing attorney Jeremy Creelan to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/20/2018. (srd, Deputy Clerk) (Entered: 04/20/2018)

April 20, 2018 PACER
19

Request for Conference (Attachments: # 1 Exhibit Local Rule 104.7 Certificate)(Wishnie, Michael) (Entered: 04/26/2018)

1 Exhibit Local Rule 104.7 Certificate

View on PACER

April 26, 2018 PACER
20

NOTICE of Appearance by Stephen Ehrlich on behalf of All Defendants (Ehrlich, Stephen) (Entered: 04/26/2018)

April 26, 2018 PACER
21

PAPERLESS ORDER SCHEDULING PRE-MOTION TELEPHONE CONFERENCE on May 8, 2018 at 4:00PM AND DIRECTING Plaintiff's counsel to initiate the call to chambers or circulate a conference call number to the parties. Signed by Judge Paul W. Grimm on 4/26/2018. (ats, Chambers) (Entered: 04/26/2018)

April 26, 2018 PACER
22

(FILED IN ERROR) AFFIDAVIT of Service for Complaint; Summons; Civil Cover Sheet; Letter Order Regarding the Filing of Motions served on Bureau of the Census; Dr. Ron Jarmin; Wilbur Ross; Donald J. Trump; Jefferson B. Sessions; United States Attorney's Office (D. Md.); Department of Commerce General Counsel's Office on April 4, 2018, filed by H. Elizabeth Johnson, National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, Robert E Ross.(Wishnie, Michael) Modified on 4/27/2018 (jf3s, Deputy Clerk). (Entered: 04/26/2018)

April 26, 2018 PACER
23

QC NOTICE: 22 Affidavit of Service, filed by National Association for the Advancement of Colored People, Prince George's County, Maryland, Robert E Ross, H. Elizabeth Johnson and Prince George's County Maryland NAACP Branch was filed incorrectly. **Please re-file documents by selecting Service of Process Summons Returned Executed. It has been noted as FILED IN ERROR, and the document link has been disabled. (jf3s, Deputy Clerk) (Entered: 04/27/2018)

April 27, 2018 PACER
24

SUMMONS Returned Executed by Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, National Association for the Advancement of Colored People, Robert E Ross, H. Elizabeth Johnson. All Defendants.(Wishnie, Michael) (Entered: 04/27/2018)

April 27, 2018 PACER
25

NOTICE of Appearance by Carol Federighi on behalf of All Defendants (Federighi, Carol) (Entered: 05/03/2018)

May 3, 2018 PACER
26

Telephone Conference held on 5/8/2018 before Judge Paul W. Grimm.(FTR- Hibbs - 4B.) (jmhs, Deputy Clerk) (Entered: 05/08/2018)

May 8, 2018 PACER
27

PAPERLESS ORDER MEMORIALIZING the May 8, 2018 conference call as follows: Defendants' answer or pre-motion conference request is due June 8, 2018. Before then, Plaintiffs shall reach out to the Government and identify the targeted discovery they seek and then inform the Court of the targeted discovery by filing a letter with the Court. A follow-up call is set for Wednesday, June 13, at 1 p.m. Plaintiffs may file an amended complaint to add the parties' addresses to the caption. Signed by Judge Paul W. Grimm on 5/10/18. (Grimm, Paul) (lyb) (Entered: 05/10/2018)

May 10, 2018 PACER
28

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of telephone conference held on 5/8/18, before Judge Paul W. Grimm. Total number of pages filed: 16. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber, 301-344-3104, before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 6/6/2018. Redacted Transcript Deadline set for 6/18/2018. Release of Transcript Restriction set for 8/14/2018.(krcs, Deputy Clerk) (Entered: 05/16/2018)

May 16, 2018 RECAP
29

Correspondence re: June 13, 2018 Teleconference (Ehrlich, Stephen) (Entered: 05/31/2018)

May 31, 2018 PACER
30

PAPERLESS ORDER APPROVING 29 request for agency counsel for Department of Commerce to listen in to June 13, 2018 conference call. Signed by Judge Paul W. Grimm on 6/5/18. (Grimm, Paul)(lyb) (Entered: 06/05/2018)

June 5, 2018 PACER
31

Request for Conference (Ehrlich, Stephen) (Entered: 06/08/2018)

June 8, 2018 PACER
32

LETTER ORDER scheduling a telephone conference call for Wednesday, June 13, 2018 at 1:00 PM. Signed by Judge Paul W. Grimm on 6/11/2018. (ss5s, Deputy Clerk) (Entered: 06/11/2018)

June 11, 2018 PACER
33

LETTER ORDER scheduling a pre-motion telephone conference call for June 13, 2018 at 1:00 p.m. Signed by Judge Paul W. Grimm on 6/11/2018. (aos, Deputy Clerk) (Entered: 06/11/2018)

June 11, 2018 PACER
34

Correspondence re: the Court's instructions during the May 8, 2018 telephone conference and its May 10, 2018 Docket Order (Dkt. No. 27), to summarize the parties' positions and update the Court on Plaintiffs requests in advance of the June 13, 2018 telephone conference (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Craine, Khyla) (Entered: 06/12/2018)

June 12, 2018 PACER
35

(FILED IN ERROR) AMENDED COMPLAINT against Bureau of the Census, Ron Jarmin, Wilbur Ross, The United States, Donald J. Trump, filed by Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, National Association for the Advancement of Colored People, Robert E Ross, H. Elizabeth Johnson.(Wishnie, Michael) Modified on 6/14/2018 (jf3s, Deputy Clerk). (Entered: 06/12/2018)

June 12, 2018 PACER
36

Telephone Conference held on 6/13/2018 before Judge Paul W. Grimm.(FTR-SRS-4B.) (ss5s, Deputy Clerk) (Entered: 06/13/2018)

June 13, 2018 PACER
37

QC NOTICE: 35 Amended Complaint, filed by National Association for the Advancement of Colored People, Prince George's County, Maryland, Robert E Ross, H. Elizabeth Johnson, Prince George's County Maryland NAACP Branch needs to be corrected. It has been noted as FILED IN ERROR, and the document link has been disabled. The following corrective actions are needed regarding missing or incomplete information: **Redline copy has not been filed. Please re-file the clean version of the amended complaint as the main document and the redline version as an attachment to the amended complaint. (jf3s, Deputy Clerk) (Entered: 06/14/2018)

June 14, 2018 PACER
38

AMENDED COMPLAINT against Bureau of the Census, Ron Jarmin, Wilbur Ross, The United States, Donald J. Trump, filed by Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, National Association for the Advancement of Colored People, Robert E Ross, H. Elizabeth Johnson. (Attachments: # 1 Redline Version of the Amended Complaint)(Wishnie, Michael) (Entered: 06/14/2018)

June 14, 2018 PACER
39

Correspondence re: plaintiff's targeted discovery requests (Attachments: # 1 Exhibit A)(Kohlmann, Susan) (Entered: 06/22/2018)

June 22, 2018 PACER
40

Correspondence re: Plaintiffs' Requests for Expedited Materials (Ehrlich, Stephen) (Entered: 06/22/2018)

June 22, 2018 RECAP
41

PAPERLESS ORDER MEMORIALIZING the June 13, 2018 conference call as follows: Defendants shall file their motion to dismiss by July 13, 2018. Plaintiffs shall file their opposition by August 13, 2018. Defendants shall file their reply by September 4, 2018. As for preliminary discovery, I have received the parties' status reports 39, 40, stating their opposing positions on preliminary discovery after having conferred on the matter. I will review these submissions. Signed by Judge Paul W. Grimm on 6/25/18. (Grimm, Paul) (lyb) (Entered: 06/25/2018)

June 25, 2018 PACER
42

LETTER ORDER regarding Submissions at 39 and 40 . Signed by Judge Paul W. Grimm on 7/5/2018. (jf3s, Deputy Clerk) (Entered: 07/05/2018)

July 5, 2018 RECAP
43

MOTION to Dismiss by Bureau of the Census, Ron Jarmin, Wilbur Ross, The United States, Donald J. Trump (Attachments: # 1 Memorandum in Support)(Ehrlich, Stephen) (Entered: 07/13/2018)

1 Memorandum in Support

View on RECAP

July 13, 2018 PACER
44

MOTION to Withdraw as Attorney (Jonathan M. Diaz) by H. Elizabeth Johnson, National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, Robert E Ross (Attachments: # 1 Text of Proposed Order)(Kohlmann, Susan) (Entered: 08/07/2018)

Aug. 7, 2018 PACER
45

PAPERLESS ORDER GRANTING 44 Motion to Withdraw as Attorney. Attorney Jonathan Diaz terminated. Signed by Judge Paul W. Grimm on 8/9/2018. (ats, Chambers) (Entered: 08/09/2018)

Aug. 9, 2018 PACER
46

RESPONSE in Opposition re 43 MOTION to Dismiss filed by H. Elizabeth Johnson, National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, Robert E Ross.(Wishnie, Michael) (Entered: 08/13/2018)

Aug. 13, 2018 RECAP
47

NOTICE by H. Elizabeth Johnson, National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, Robert E Ross re 46 Response in Opposition to Motion, Notice of Supplemental Authority Supporting Plaintiffs' Opposition to Defendants' Motion to Dismiss (Attachments: # 1 Decision on Motions to Dismiss)(Wishnie, Michael) (Entered: 08/20/2018)

Aug. 20, 2018 PACER
48

NOTICE by H. Elizabeth Johnson, National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, Robert E Ross re 46 Response in Opposition to Motion, Notice of Supplemental Authority Supporting Plaintiffs' Opposition to Defendants' Motion to Dismiss (Attachments: # 1 Decision on Motion to Dismiss)(Wishnie, Michael) (Entered: 08/23/2018)

Aug. 23, 2018 PACER
49

REPLY to Response to Motion re 43 MOTION to Dismiss filed by Bureau of the Census, Ron Jarmin, Wilbur Ross, The United States, Donald J. Trump.(Ehrlich, Stephen) (Entered: 09/04/2018)

Sept. 4, 2018 PACER
50

NOTICE by H. Elizabeth Johnson, National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, Robert E Ross re 46 Response in Opposition to Motion, Notice of Supplemental Authority Supporting Plaintiffs' Opposition to Defendants' Motion to Dismiss (Attachments: # 1 Attachment Decision on Motion to Dismiss)(Wishnie, Michael) (Entered: 11/13/2018)

Nov. 13, 2018 PACER
51

NOTICE of Hearing: Motion Hearing set for 1/14/2019 01:00 PM in Courtroom 4B, 6500 Cherrywood Lane, Greenbelt, Maryland 20770, before Judge Paul W. Grimm. (ats, Chambers) (Entered: 12/06/2018)

Dec. 6, 2018 PACER
52

MOTION to Continue Hearing Due to Lapse in Appropriations by Bureau of the Census, Ron Jarmin, Wilbur Ross, The United States, Donald J. Trump(Ehrlich, Stephen) (Entered: 01/02/2019)

Jan. 2, 2019 RECAP
53

PAPERLESS ORDER DIRECTING Plaintiffs to file a letter not to exceed 3 pages by noon on Monday, January 7, 2019 responding to the Government's motion to continue hearing due to a lapse in appropriations, 52 . Signed by Judge Paul W. Grimm on 1/3/19. (lmys, Chambers) (Entered: 01/03/2019)

Jan. 3, 2019 PACER
54

RESPONSE re 52 MOTION to Continue Hearing Due to Lapse in Appropriations filed by H. Elizabeth Johnson, National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, Robert E Ross.(Wishnie, Michael) (Entered: 01/06/2019)

Jan. 6, 2019 PACER
55

ORDER denying 52 Motion to Continue. Signed by Judge Paul W. Grimm on 1/7/2019. (jf3s, Deputy Clerk) (Entered: 01/07/2019)

Jan. 7, 2019 RECAP
56

NOTICE by Bureau of the Census, Ron Jarmin, Wilbur Ross, The United States, Donald J. Trump of Confirmation of Director, U.S. Census Bureau (Ehrlich, Stephen) (Entered: 01/08/2019)

Jan. 8, 2019 PACER
57

Motion Hearing held on 1/14/2019 re 43 MOTION to Dismiss filed by Ron Jarmin, Wilbur Ross, Bureau of the Census, The United States, Donald J. Trump before Judge Paul W. Grimm.(Court Reporter: Renee Ewing-4B) (ss5s, Deputy Clerk) (Entered: 01/14/2019)

Jan. 14, 2019 PACER
58

PAPERLESS ORDER MEMORIALIZING today's hearing as follows: The parties will submit simultaneous briefs of 15 pages or less by Tuesday, February 22, 2019 to address the questions asked in Court today. Defendants will include in their submission the support for the facts they raised in their argument regarding changes in Census preparation that moot portions of Plaintiffs' allegations and that are appropriate for the Court to consider under Rule 12(b)(1) or 12(b)(6). Defendants also will include cases decided in their favor on motions to dismiss and will address the notion of the still uncertain funding for the Bureau beyond February 2019. Plaintiffs will identify cases in which the injury that was the subject of relief did not involve representation in the House but rather monetary consequences and reference any case they rely on that was a successful pre-census challenge to the procedures the Secretary planned to conduct the census. Plaintiffs also will address whether Maryland has lost any representation in the prior three censuses as a result of the undercounts they pleaded. Signed by Judge Paul W. Grimm on 1/14/19. (lmys, Chambers) (Entered: 01/14/2019)

Jan. 14, 2019 PACER
59

PAPERLESS ORDER CLARIFYING that the additional briefing is due January 22, 2019, not February 22, 2019. Signed by Judge Paul W. Grimm on 1/15/19. (lmys, Chambers) (Entered: 01/15/2019)

Jan. 15, 2019 PACER
60

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/14/2019, before Judge Grimm. Court Reporter/Transcriber Renee Ewing, Telephone number 301-344-3227. Total number of pages filed: 113. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 2/7/2019. Redacted Transcript Deadline set for 2/19/2019. Release of Transcript Restriction set for 4/17/2019.(re, Court Reporter) (Entered: 01/17/2019)

Jan. 17, 2019 PACER
61

Memorandum re 43 MOTION to Dismiss filed by Bureau of the Census, Ron Jarmin, Wilbur Ross, The United States, Donald J. Trump. (Attachments: # 1 Declaration of Burton H. Reist)(Ehrlich, Stephen) (Entered: 01/22/2019)

1 Declaration of Burton H. Reist

View on PACER

Jan. 21, 2019 RECAP
62

PAPERLESS ORDER directing Plaintiffs to file their supplemental submission not later than 8:00 PM EST on 1/22/19. The submission shall not exceed 15 pages, exclusive of exhibits. Signed by Judge Paul W. Grimm on 1/22/2019. (sb2, Chambers) (Entered: 01/22/2019)

Jan. 22, 2019 PACER
63

Memorandum re 43 MOTION to Dismiss filed by H. Elizabeth Johnson, National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, Robert E Ross.(Wishnie, Michael) (Entered: 01/22/2019)

Jan. 22, 2019 RECAP
64

MEMORANDUM OPINION AND ORDER granting in part and denying in part 43 MOTION to Dismiss; dismissing by Consent Claims against President Donald J. Trump. Signed by Judge Paul W. Grimm on 1/29/2019. (jf3s, Deputy Clerk) (Entered: 01/29/2019)

Jan. 29, 2019 RECAP
65

PAPERLESS ORDER SCHEDULING TELEPHONE STATUS CONFERENCE on February 6, 2019 at 5:00PM AND DIRECTING Plaintiff's counsel to initiate the call to chambers or circulate a conference call number to the parties. Signed by Judge Paul W. Grimm on 1/30/2019. (ats, Chambers) (Entered: 01/30/2019)

Jan. 30, 2019 PACER
66

PAPERLESS ORDER MEMORIALIZING today's conference call as follows: Plaintiffs will submit a pre-motion letter of three pages or less by February 11, 2019 regarding their proposed motion to amend, and Defendants will file a response of three pages or less by February 18, 2019. Defendants will not file their answer until the issue of amendment has been resolved. The parties will submit a proposed plan for discovery regarding the funding issue in five pages or less by February 19, 2019. Signed by Judge Paul W. Grimm on 2/6/19. (lmys, Chambers) (Entered: 02/06/2019)

Feb. 6, 2019 PACER
67

Status Conference held on 2/6/2019 before Judge Paul W. Grimm. (ats, Chambers) (Entered: 02/08/2019)

Feb. 8, 2019 PACER
68

Correspondence re: Planned Motion for Leave to File Second Amended Complaint (Wishnie, Michael) (Entered: 02/11/2019)

Feb. 11, 2019 RECAP
69

RESPONSE re 68 Miscellaneous Correspondence filed by Bureau of the Census, Steven Dillingham, Wilbur Ross, The United States.(Ehrlich, Stephen) (Entered: 02/18/2019)

Feb. 18, 2019 PACER
70

PAPERLESS ORDER SCHEDULING TELEPHONE STATUS CONFERENCE on March 6, 2019 at 11:30AM AND Plaintiff's counsel is DIRECTED to initiate the call to chambers or circulate a conference call number to the parties. Signed by Judge Paul W. Grimm on 2/19/2019. (ats, Chambers) (Entered: 02/19/2019)

Feb. 19, 2019 PACER
71

PAPERLESS ORDER DIRECTING Plaintiffs to file a letter reply of no more than three single-spaced pages with regard to their proposed letter motion to amend 68 and Defendants' response 69 by February 26, 2019. Signed by Judge Paul W. Grimm on 2/19/19. (lmys, Chambers) (Entered: 02/19/2019)

Feb. 19, 2019 PACER
72

Joint Correspondence re: Discovery (Wishnie, Michael) (Entered: 02/19/2019)

Feb. 19, 2019 RECAP
73

PAPERLESS ORDER NOTIFYING Counsel that I will address the discovery plans 72 during the March 6, 2019 conference call. Signed by Judge Paul W. Grimm on 2/25/19. (lmys, Chambers) (Entered: 02/25/2019)

Feb. 25, 2019 PACER
74

RESPONSE re 69 Response - Plaintiffs' reply regarding their planned motion for leave to file a Second Amended Complaint filed by H. Elizabeth Johnson, National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, Robert E Ross.(Kohlmann, Susan) (Entered: 02/26/2019)

Feb. 26, 2019 PACER
75

Request for Pre-Motion Conference (Ehrlich, Stephen) (Entered: 02/27/2019)

Feb. 27, 2019 PACER
76

ORDER granting in part and denying in part 68 Letter Motion to Amend Complaint; granting Defendants leave to file a Motion to Dismiss Second Amended Complaint. Signed by Judge Paul W. Grimm on 3/28/2019. (jf3s, Deputy Clerk) (Entered: 03/01/2019)

Feb. 28, 2019 PACER
77

MOTION to Appear Pro Hac Vice for Benjamin Alter (Filing fee $100, receipt number 0416-7868401.) by National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch(Craine, Khyla) (Entered: 03/01/2019)

March 1, 2019 PACER
78

CORRECTED MOTION to Appear Pro Hac Vice for Benjamin Alter by National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch. The fee has already been paid.(Craine, Khyla) (Entered: 03/01/2019)

March 1, 2019 PACER
79

PAPERLESS ORDER granting 77 and 78 Motion to Appear Pro Hac Vice on behalf of Benjamin Alter. Directing attorney Benjamin Alter to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 3/4/2019. (srd, Deputy Clerk) (Entered: 03/04/2019)

March 4, 2019 PACER
80

NOTICE of Appearance by Michael J Wishnie on behalf of All Plaintiffs (Attachments: # 1 Order Granting Petition for Certification of Law Students)(Wishnie, Michael) (Entered: 03/04/2019)

March 4, 2019 PACER
81

PAPERLESS ORDER DIRECTING PARTIES to use the following conference call number for the status conference scheduled for March 6, 2019 at 11:30AM: Dial-In Number: (877) 848-7030 Access Code: 9549728 Participant Password: 030619. Signed by Judge Paul W. Grimm on 3/5/2019. (ats, Chambers) (Entered: 03/05/2019)

March 5, 2019 PACER
82

Status Conference held on 3/6/2019 before Judge Paul W. Grimm.(FTR-SRS-4B.) (ss5s, Deputy Clerk) (Entered: 03/06/2019)

March 6, 2019 PACER
83

Status Conference held on 3/6/2019 before Judge Paul W. Grimm. (ats, Chambers) (Entered: 03/06/2019)

March 6, 2019 PACER
84

DISCOVERY ORDER. Signed by Judge Paul W. Grimm on 3/11/2019. (Attachments: # 1 Initial Discovery Protocols)(jf3s, Deputy Clerk) (Entered: 03/11/2019)

1 Initial Discovery Protocols

View on PACER

March 11, 2019 PACER
85

LETTER ORDER memorializing the conference call held March 06, 2019 re 72 Joint Correspondence re discovery. Signed by Judge Paul W. Grimm on 3/11/2019. (jf3s, Deputy Clerk) (Entered: 03/11/2019)

March 11, 2019 RECAP
86

Joint Correspondence re: Scheduling Order (Wishnie, Michael) (Entered: 03/20/2019)

March 20, 2019 RECAP
87

Correspondence re: the Deliberative Process Privilege (Wishnie, Michael) (Entered: 03/20/2019)

March 20, 2019 PACER
88

Correspondence re: Defendants' Deliberative Process Privilege (Ehrlich, Stephen) (Entered: 03/20/2019)

March 20, 2019 PACER
89

SCHEDULING ORDER: Status Report due by 8/28/2019. Signed by Judge Paul W. Grimm on 3/25/2019. (jf3s, Deputy Clerk) (Entered: 03/26/2019)

March 26, 2019 RECAP
90

NOTICE of Appearance by Renee Burbank on behalf of All Plaintiffs (Burbank, Renee) (Entered: 03/28/2019)

March 28, 2019 PACER
91

AMENDED COMPLAINT against Bureau of the Census, Steven Dillingham, Wilbur Ross, The United States, filed by Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, National Association for the Advancement of Colored People, Robert E Ross, H. Elizabeth Johnson. (Attachments: # 1 Redline Second Amended Complaint)(Wishnie, Michael) (Entered: 04/01/2019)

1 Redline Second Amended Complaint

View on PACER

April 1, 2019 RECAP
92

MOTION to Withdraw as Attorney Khyla D. Craine by National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch (Attachments: # 1 Text of Proposed Order)(Craine, Khyla) (Entered: 04/05/2019)

April 5, 2019 PACER
93

ORDER granting 92 Motion to Withdraw as Attorney. Attorney Khyla Danielle Craine terminated. Signed by Judge Paul W. Grimm on 4/8/2019. (jf3s, Deputy Clerk) (Entered: 04/08/2019)

April 8, 2019 PACER
94

NOTICE by H. Elizabeth Johnson, National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, Robert E Ross of Renewed and Amended Law Student Certifications Under Local Rule 702 (Attachments: # 1 Order Renewing Certification of Third-Year Law Students, # 2 Order Amending Certification of Second-Year Law Students)(Wishnie, Michael) (Entered: 04/10/2019)

April 10, 2019 PACER
95

MOTION to Dismiss Plaintiffs' Second Amended Complaint by Bureau of the Census, Steven Dillingham, Wilbur Ross, The United States (Attachments: # 1 Memorandum in Support)(Ehrlich, Stephen) (Entered: 04/15/2019)

April 15, 2019 PACER
96

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on 3/6/19, before Judge Paul W. Grimm. Total number of pages filed: 33. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber, 301-344-3104, before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 5/7/2019. Redacted Transcript Deadline set for 5/17/2019. Release of Transcript Restriction set for 7/15/2019.(krc, Deputy Clerk) (Entered: 04/29/2019)

April 16, 2019 PACER
97

Correspondence re: Document Discovery (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3)(Kohlmann, Susan) (Entered: 04/29/2019)

April 29, 2019 RECAP
98

RESPONSE in Opposition re 95 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by H. Elizabeth Johnson, National Association for the Advancement of Colored People, Prince George's County Maryland NAACP Branch, Prince George's County, Maryland, Robert E Ross.(Kohlmann, Susan) (Entered: 04/29/2019)

April 29, 2019 PACER
99

PAPERLESS ORDER: In their letter 97, Plaintiffs raise concerns about whether Defendants will meet their obligation to respond timely (by May 6, 2019) to some of Plaintiffs' document production requests, as well as concerns that the parties have not agreed to a schedule for rolling production after May 6. Given that May 6 has not passed, Defendants' production is not untimely. Defendants are reminded that the Discovery Order 84 requires more than just compliance with Court deadlines and substantive discovery obligations; it also requires effective communication and cooperation between the parties. Plaintiffs understandably are seeking some information about what they may expect to receive by May 6 and what Defendants expect to provide at a later date. I can think of no reason why it would be disadvantageous for Defendants to give Plaintiffs an indication of what to expect as of May 6. Indeed, doing so would be the hallmark of cooperation. Signed by Judge Paul W. Grimm on 5/2/19. (lmys, Chambers) (Entered: 05/02/2019)

May 2, 2019 PACER
100

STIPULATION Regarding Non-Waiver of Privileges and Protections by Bureau of the Census, Steven Dillingham, Wilbur Ross, The United States (Attachments: # 1 Stipulation and Order)(Ehrlich, Stephen) (Entered: 05/03/2019)

May 3, 2019 PACER

State / Territory: Maryland

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: March 28, 2018

Closing Date: April 16, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

NAACP, Prince George’s County Maryland, and residents of Prince George's County

Plaintiff Type(s):

City/County Plaintiff

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Census Bureau, Federal

President of the United States, 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

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Disparate Impact

Funding

Government Services

Record-keeping

Discrimination-basis:

Race discrimination

Race:

Race, unspecified