Case: State of New York v. U.S. Department of Commerce

1:18-cv-02921 | U.S. District Court for the Southern District of New York

Filed Date: April 3, 2018

Closed Date: Dec. 31, 2020

Clearinghouse coding complete

Case Summary

This was a legal challenge brought by an alliance of states, counties, and municipalities to the Trump Administration’s proposed addition of a question about citizenship status to the 2020 U.S. Census. The plaintiffs filed this lawsuit on April 3, 2018, in the U.S. District Court for the Southern District of New York and sought declaratory and injunctive relief. The plaintiffs alleged that the federal government, by asking census participants about their citizenship status, would deter undocumented immigrants from participating in the census out of fear of possible government reprisal, thus hurting the accuracy of census counts. According to the plaintiffs, this meant that the federal government was both shirking its duty under the Enumeration Clause of the U.S. Constitution (Article I, Sec. 2, Cl. 3) to conduct an “actual enumeration” of the “whole number of persons” and violating the Administrative Procedure Act (APA). The plaintiffs further alleged that were census numbers to be kept artificially low, a number of public benefits would be jeopardized including federal funding for social services and infrastructure, numerically adequate representation in the House of Representatives and public and private resources for immigrant communities.

The Department of Commerce (DOC) moved to dismiss the complaint on May 25, 2018. It primarily argued that: 1) the plaintiffs lacked standing to bring a lawsuit because their alleged injuries were too speculative and failed to allege that they were caused by the proposed citizenship question; 2) the decision over what questions to include in the census questionnaire was solely within the agency’s discretion; 3) the Enumeration Clause does not contain any restrictions on the form of the census questionnaire; and 4) even conceding the previous three arguments, the agency’s decision to include a citizenship question would not violate the APA, the Enumeration Clause, or any other law.

On June 6, 2018, an alliance of immigration advocacy non-profits filed a separate lawsuit, stylized New York Immigration Coalition v. U.S. Department of Commerce and referred to below as NYIC, (also in the Clearinghouse) in the same court (District Judge Jesse M. Furman), making the same legal claims as the plaintiffs in this case, as well as an additional Fifth Amendment equal protection claim. On June 13, 2018, after the parties conferred on a possible consolidation of the two cases, District Judge Furman ordered them coordinated and consolidated for the purposes of case management and discovery, while announcing that the question of whether the cases would be formally consolidated would be addressed in the future as the cases progressed.

On June 26, 2018, pursuant to an order from District Judge Furman, the parties filed an opposing letter brief on whether and to what extent discovery outside of the administrative record would be permitted. The plaintiffs argued that their allegations of bad-faith decision-making and the need to explain the complex subject matter of the case made extra-record discovery appropriate. The Department of Commerce, for its part, rebutted by asserting that discovery would be inappropriate in an action challenging an agency decision. After hearing oral arguments on this issue on July 3, Judge Furman sided with the plaintiffs.

In an opinion issued on July 26, 2018, Judge Furman allowed the plaintiffs’ APA claim to proceed while dismissing the Enumeration Clause claim. He rejected in full the government’s arguments that the court lacked jurisdiction; Judge Furman explained that although the DOC was entitled to deference as to which questions to include on the census, that did not mean that the DOC’s decisions were insulated from judicial review. At the same time, he rejected the plaintiffs' Enumeration Clause claim, concluding that the citizenship question was a permissible (although not mandated) exercise of Congress’s—and, by extension, the DOC’s—broad power under the Clause.

On September 14, 2018, the court ordered formal consolidation of this case with NYIC, the case noted above. The litigants moved forward with their existing claims after consolidation. A week later, on September 21, 2018, the court granted the plaintiffs’ request to depose Secretary of Commerce Wilbur Ross. The court reasoned that because the Secretary’s intent and credibility were directly at issue, the public interest weighed heavily in favor of the deposition of a high-ranking government official. 333 F. Supp. 3d 282.

From the rest of September 2018 to November 2018, there were a series of protracted disputes over discovery; repeated requests by the government for a stay of the proceedings, discovery, and depositions; and multiple filings in the Second Circuit and the Supreme Court for a writ of mandamus. All of these requests were denied. However, the Supreme Court stayed the testimony of Secretary Ross until it could decide on the government’s petition for a writ of mandamus. 202 L.Ed.2d 306. As a result, Secretary Ross was not deposed before the district court held the bench trial.

The district court held a bench trial from November 5 through November 9, 2018, and then held oral arguments on November 26. Judge Furman issued a statement of findings of fact and law, and an order dated January 15, 2019. The court found for the defendants on the constitutional claims and for the plaintiffs on their APA claim. Judge Furman found no constitutional violation because the plaintiffs did not sufficiently show that Secretary Ross's actions were motivated by a discriminatory purpose. However, the court held that Secretary Ross had violated the APA by ignoring the procedures set forth for adding questions to the Census (notifying Congress), acting irrationally in light of the evidence before him indicating problems with his proposed question, and providing a bad-faith or pretextual rationale for the proposed question. The judge held that the stated rationale for adding a citizenship question to the Census—enforcing the Voting Rights Act—was designed to conceal his true purpose. The court, therefore, issued an injunction prohibiting the Department from adding a question concerning citizenship status to the 2020 decennial census questionnaire. The Secretary of Commerce and the Director of the Census were enjoined from adding a citizenship question to the 2020 decennial census questionnaire unless: 1) the Secretary of Commerce had exhausted other options for gathering citizenship data, and, 2) the Secretary of Commerce had first adequately explained his reasoning to Congress. 351 F. Supp. 3d 502

On January 27, 2019, the defendants appealed to the Second Circuit Court of Appeals as well as the Supreme Court. The Supreme Court granted review of the case on February 15, 2019—before judgment by the Second Circuit—and set arguments for April 2019. The expedited review was justified under the pretense that details concerning the census needed to be resolved before July 2019 in order to send the survey out on time. 2019 WL 331100.

The Supreme Court issued its ruling on June 27, 2019. The court held that: 1) the citizenship question was allowed under the Enumeration Clause; 2) the Commerce Secretary's broad authority under the Census Act did not preclude judicial review but that the Act had not been violated; 3) the district court order for extra-record discovery was premature, but ultimately justified; but 4) the Secretary's explanation for including the citizenship question was ultimately pretextual, as the district court had also decided. The High Court remanded the case back to the district court for further proceedings but did not undo the injunction preventing the citizenship question from being placed on the census. 139 S.Ct. 2551.

Upon remand, on July 7, the Department of Justice announced that it was replacing its entire legal team dealing with the citizenship question, but on July 9, Judge Furman rejected the action, stating that reasons had to be given for the withdrawal of each attorney, and noting that the administration had been insisting for months that the question needed to be settled by July 1. Judge Furman issued an order on July 16, 2019, that permanently barred the government from including the citizenship question on the 2020 Census or delay preparations for the Census. 2019 WL 3213840.

The court retained jurisdiction to enforce the terms of this injunction until December 31, 2020, when the census results were due to be processed and sent to the President. Meanwhile, the plaintiffs moved for sanctions against the government. This was denied in-part and affirmed in-part on May 21, 2020. The government was ordered to pay the attorney fees and costs associated with addressing the government's incomplete discovery productions. 2019 WL 3213840. The non-profit plaintiffs filed a notice of settlement for fees, expenses, and costs on June 25, 2020.

	Document
1:18-cv-02921	Docket [PACER]	Aug. 2, 2021	Aug. 2, 2021 Docket
10 1:18-cv-02921	Complaint State Of New York v. United States Department of Commerce	April 4, 2018	April 4, 2018 Complaint
1 1:18-cv-02921	Complaint States v. U.S. Department of Commerce	June 6, 2018	June 6, 2018 Complaint
214 1:18-cv-02921	Second Amended Complaint State Of New York v. United States Department of Commerce	July 25, 2018	July 25, 2018 Complaint
215 1:18-cv-02921	Opinion and Order State Of New York v. United States Department of Commerce	July 26, 2018	July 26, 2018 Order/Opinion
312 1:18-cv-02921	Order State of New York v. United States Department of Commerce U. S. Court of Appeals for the Second Circuit	Sept. 10, 2018	Sept. 10, 2018 Order/Opinion
344 1:18-cv-02921	Opinion and Order	Sept. 21, 2018	Sept. 21, 2018 Order/Opinion
351 1:18-cv-02921	Order State of New York v. The United States Department of Commerce U. S. Court of Appeals for the Second Circuit	Sept. 25, 2018	Sept. 25, 2018 Order/Opinion
362 1:18-cv-02921	Memorandum Order and Opinion State of New York v. The United States Department of Commerce	Sept. 30, 2018	Sept. 30, 2018 Order/Opinion
373 1:18-cv-02921	Order State of New York v. the United States Department of Commerce U. S. Court of Appeals for the Second Circuit	Oct. 9, 2018	Oct. 9, 2018 Order/Opinion

Title	Description		External URL Date / External URL
Department of Commerce v. New York Oyez	Secretary of Commerce Wilbur L. Ross issued a decision to reinstate a citizenship question on the 2020 Census questionnaire. The decision was challenged in federal court by a coalition of states, cit…	June 27, 2019	June 27, 2019 https://www.oyez.org/...
New York v. United States Department of Commerce Brennan Center for Justice	The State of New York led a coalition of states, cities, and mayors in a challenge to the Commerce Department’s decision to add a citizenship question to the 2020 Census. New York argued that the Dep…	Aug. 10, 2020	Aug. 10, 2020 https://www.brennancenter.org/...
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/...
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	March 29, 2019 https://www.brennancenter.org/...

ECF Number	Description	Date	Link Date / Link
1	FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Ron Jarmin, Wilbur Ross, U.S. Census Bureau, United States Department of Commerce. (Filing Fee $ 400.00, Receipt Number 0208-14890795)Document filed by State of New Mexico, City of Philadelphia, State of Maryland, State of Vermont, State Of Connecticut, City of Providence, State Of New York, State of Washington, State of Oregon, Commonwealth of Virginia, City and County of San Francisco, City of Seattle, State of Iowa, State of Delaware, State of Minnesota, State of North Carolina, State of Rhode Island, CITY OF NEW YORK, Commonwealth of Pennsylvania, Commonwealth of Massachusetts, District of Columbia, United States Conference of Mayors, City of Chicago, State of New Jersey, State of Illinois.(Rosado, Lourdes) Modified on 4/4/2018 (pne). (Entered: 04/03/2018)	April 3, 2018	April 3, 2018 Clearinghouse
2	CIVIL COVER SHEET filed. (Rosado, Lourdes) (Entered: 04/03/2018)	April 3, 2018	April 3, 2018 PACER
3	FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Commerce, re: 1 Complaint,,. Document filed by CITY OF NEW YORK, City and County of San Francisco, City of Chicago, City of Philadelphia, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, District of Columbia, State Of Connecticut, State Of New York, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Rosado, Lourdes) Modified on 4/5/2018 (pne). (Entered: 04/03/2018)	April 3, 2018	April 3, 2018 PACER
4	FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Wilbur Ross, in his official capacity as Secretary of Commerce, re: 1 Complaint,,. Document filed by CITY OF NEW YORK, City and County of San Francisco, City of Chicago, City of Philadelphia, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, District of Columbia, State Of Connecticut, State Of New York, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Rosado, Lourdes) Modified on 4/5/2018 (pne). (Entered: 04/03/2018)	April 3, 2018	April 3, 2018 PACER
5	FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to United States Bureau of the Census, re: 1 Complaint,,. Document filed by CITY OF NEW YORK, City and County of San Francisco, City of Chicago, City of Philadelphia, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, District of Columbia, State Of Connecticut, State Of New York, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Rosado, Lourdes) Modified on 4/5/2018 (pne). (Entered: 04/03/2018)	April 3, 2018	April 3, 2018 PACER
6	FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Ron Jarmin, in his official capacity as performing the non-exclusive functions and duties of the Director of the U.S. Census Bureau, re: 1 Complaint,,. Document filed by CITY OF NEW YORK, City and County of San Francisco, City of Chicago, City of Philadelphia, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, District of Columbia, State Of Connecticut, State Of New York, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Rosado, Lourdes) Modified on 4/5/2018 (pne). (Entered: 04/03/2018)	April 3, 2018	April 3, 2018 PACER
7	NOTICE OF APPEARANCE by Lourdes Maria Rosado on behalf of State Of New York. (Rosado, Lourdes) (Entered: 04/03/2018)	April 3, 2018	April 3, 2018 PACER
8	MOTION for Matthew Joseph Martin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14894239. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Illinois. (Attachments: # 1 Affidavit Matthew J. Martin in Support of Motion for Pro Hac Vice, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Admitting Matthew J. Martin Pro Hac Vice)(Martin, Matthew) (Entered: 04/03/2018) 1 Affidavit Matthew J. Martin in Support of Motion for Pro Hac Vice View on PACER 2 Exhibit Certificate of Good Standing View on PACER 3 Text of Proposed Order Admitting Matthew J. Martin Pro Hac Vice View on PACER	April 3, 2018	April 3, 2018 PACER
9	NOTICE OF APPEARANCE by Matthew Colangelo on behalf of State Of New York. (Colangelo, Matthew) (Entered: 04/03/2018)	April 3, 2018	April 3, 2018 PACER
	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 8 MOTION for Matthew Joseph Martin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14894239. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)	April 3, 2018	April 3, 2018 PACER
10	COMPLAINT against Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, Jr., United States Department of Commerce. Document filed by State of New Mexico, City of Philadelphia, State of Maryland, State of Vermont, State Of Connecticut, City of Providence, State Of New York, State of Washington, State of Oregon, Commonwealth of Virginia, City and County of San Francisco, City of Seattle, State of Iowa, State of Delaware, State of Minnesota, State of North Carolina, State of Rhode Island, City Of New York, Commonwealth of Pennsylvania, Commonwealth of Massachusetts, District of Columbia, United States Conference of Mayors, City of Chicago, State of New Jersey, State of Illinois.(Rosado, Lourdes) (Entered: 04/04/2018)	April 4, 2018	April 4, 2018 Clearinghouse
11	NOTICE OF APPEARANCE by Benjamin Daniel Battles on behalf of State of Vermont. (Battles, Benjamin) (Entered: 04/04/2018)	April 4, 2018	April 4, 2018 PACER
12	MOTION for Mollie Mindes Lee to Appear Pro Hac Vice Motion for Admission Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-14901090. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City and County of San Francisco. (Attachments: # 1 Affidavit Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Order for Admission Pro Hac Vice)(Lee, Mollie) (Entered: 04/04/2018) 1 Affidavit Affidavit View on PACER 2 Exhibit Certificate of Good Standing View on PACER 3 Text of Proposed Order Order for Admission Pro Hac Vice View on PACER	April 4, 2018	April 4, 2018 PACER
13	MOTION for Dennis J. Herrera to Appear Pro Hac Vice Motion for Admission Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-14901107. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City and County of San Francisco. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Lee, Mollie) (Entered: 04/04/2018) 1 Affidavit View on PACER 2 Exhibit Certificate of Good Standing View on PACER 3 Text of Proposed Order View on PACER	April 4, 2018	April 4, 2018 PACER
14	ORDER granting 8 Motion for Matthew Joseph Martin to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 04/04/2018)	April 4, 2018	April 4, 2018 PACER
	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lourdes Maria Rosado. The party information for the following parties has been modified: City Of New York, Ron S. Jarmin, Wilbur L. Ross, Jr., Bureau of the Census. The information for the parties has been modified for the following reasons: party name contained a typographical error; party name was entered in all caps; party text was omitted. (pne)	April 4, 2018	April 4, 2018 PACER
	***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Lourdes Maria Rosado to RE-FILE Document No. 1 Complaint,,,. The filing is deficient for the following reasons: party names were modified on CM ECF due to typographical errors; the names of the parties the filing is against are incorrect on the docket entry text. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne)	April 4, 2018	April 4, 2018 PACER
	Case Designated ECF. (pne)	April 4, 2018	April 4, 2018 PACER
	Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (pne)	April 4, 2018	April 4, 2018 PACER
	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (pne)	April 4, 2018	April 4, 2018 PACER
	***NOTICE TO ATTORNEY REGARDING CIVIL.CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lourdes Maria Rosado. The following case opening statistical information was erroneously selected/entered: County code Albany; Fee Status code due (due). The following corrections have been made to your case entry: the County code has been modified to New York; the Fee Status code has been modified to pd (paid). (pne)	April 4, 2018	April 4, 2018 PACER
15	ORDER granting 12 Motion for Mollie Mindes Lee to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 04/05/2018)	April 5, 2018	April 5, 2018 PACER
16	ORDER granting 13 Motion for Dennis J. Herrera to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 04/05/2018)	April 5, 2018	April 5, 2018 PACER
17	NOTICE OF APPEARANCE by Michael Wu-Kung Pfautz on behalf of City of Philadelphia. (Pfautz, Michael) (Entered: 04/05/2018)	April 5, 2018	April 5, 2018 RECAP
18	NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on April 20, 2018 at 2:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, and as further set forth herein. (Initial Conference set for 4/20/2018 at 02:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 4/5/2018) (ras) (Entered: 04/05/2018)	April 5, 2018	April 5, 2018 RECAP
19	REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Commerce, re: 10 Complaint,,. Document filed by City Of New York, City and County of San Francisco, City of Chicago, City of Philadelphia, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, District of Columbia, State Of Connecticut, State Of New York, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Rosado, Lourdes) (Entered: 04/05/2018)	April 5, 2018	April 5, 2018 PACER
20	REQUEST FOR ISSUANCE OF SUMMONS as to Wilbur L. Ross, Jr., re: 10 Complaint,,. Document filed by City Of New York, City and County of San Francisco, City of Chicago, City of Philadelphia, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, District of Columbia, State Of Connecticut, State Of New York, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Rosado, Lourdes) (Entered: 04/05/2018)	April 5, 2018	April 5, 2018 PACER
21	REQUEST FOR ISSUANCE OF SUMMONS as to Bureau of the Census, re: 10 Complaint,,. Document filed by City Of New York, City and County of San Francisco, City of Chicago, City of Philadelphia, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, District of Columbia, State Of Connecticut, State Of New York, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Rosado, Lourdes) (Entered: 04/05/2018)	April 5, 2018	April 5, 2018 PACER
22	REQUEST FOR ISSUANCE OF SUMMONS as to Ron S. Jarmin, re: 10 Complaint,,. Document filed by City Of New York, City and County of San Francisco, City of Chicago, City of Philadelphia, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, District of Columbia, State Of Connecticut, State Of New York, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors. (Rosado, Lourdes) (Entered: 04/05/2018)	April 5, 2018	April 5, 2018 PACER
23	LETTER addressed to Judge Jesse M. Furman from Lourdes M. Rosado dated April 5, 2018 re: State of New York, et al. v. United States Department of Commerce, et al.. Document filed by City Of New York, City and County of San Francisco, City of Chicago, City of Philadelphia, City of Providence, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, District of Columbia, State Of Connecticut, State Of New York, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, United States Conference of Mayors.(Rosado, Lourdes) (Entered: 04/05/2018)	April 5, 2018	April 5, 2018 RECAP
24	NOTICE OF APPEARANCE by Dennis J. Herrera on behalf of City and County of San Francisco. (Herrera, Dennis) (Entered: 04/05/2018)	April 5, 2018	April 5, 2018 PACER
	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 13 MOTION for Dennis J. Herrera to Appear Pro Hac Vice Motion for Admission Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-14901107. Motion and supporting papers to be reviewed by Clerk's Office staff.</FON, 12 MOTION for Mollie Mindes Lee to Appear Pro Hac Vice Motion for Admission Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-14901090. Motion and supporting papers to be reviewed by Clerk's Office staff.</FON. The document has been reviewed and there are no deficiencies. (wb)	April 5, 2018	April 5, 2018 PACER
	***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lourdes Maria Rosado to RE-FILE Document No. 3 Request for Issuance of Summons,,, 4 Request for Issuance of Summons,,, 6 Request for Issuance of Summons,,, 5 Request for Issuance of Summons. The filing is deficient for the following reason: the name of the defendant in the 'To' field must appear exactly as it does on the complaint, as well as on the docket entry text;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)	April 5, 2018	April 5, 2018 PACER
25	FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #26) - NOTICE OF APPEARANCE by Ilona Kirshon on behalf of Bureau of the Census. (Kirshon, Ilona) Modified on 4/9/2018 (ldi). (Entered: 04/06/2018)	April 6, 2018	April 6, 2018 PACER
26	NOTICE OF APPEARANCE by Ilona Kirshon on behalf of State of Delaware. (Kirshon, Ilona) (Entered: 04/06/2018)	April 6, 2018	April 6, 2018 PACER
27	ELECTRONIC SUMMONS ISSUED as to Bureau of the Census. (jgo) (Entered: 04/06/2018)	April 6, 2018	April 6, 2018 RECAP
28	ELECTRONIC SUMMONS ISSUED as to Ron S. Jarmin. (jgo) (Entered: 04/06/2018)	April 6, 2018	April 6, 2018 PACER
29	ELECTRONIC SUMMONS ISSUED as to United States Department of Commerce. (jgo) (Entered: 04/06/2018)	April 6, 2018	April 6, 2018 PACER
30	ELECTRONIC SUMMONS ISSUED as to Wilbur L. Ross, Jr.. (jgo) (Entered: 04/06/2018)	April 6, 2018	April 6, 2018 PACER
31	NOTICE OF APPEARANCE by Sabita Lakshmi Krishnan on behalf of City Of New York. (Krishnan, Sabita) (Entered: 04/09/2018)	April 9, 2018	April 9, 2018 RECAP

Case: State of New York v. U.S. Department of Commerce

1:18-cv-02921 | U.S. District Court for the Southern District of New York

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