Case: New York Immigration Coalition v. U.S. Department of Commerce

1:18-cv-05025 | U.S. District Court for the Southern District of New York

Filed Date: March 26, 2018

Closed Date: Dec. 31, 2020

Clearinghouse coding complete

Case Summary

On March 26, 2018, the Secretary of Commerce ordered that the 2020 Census add a question about citizenship for the first time since 1950. On June 6, 2018, the New York Immigration Coalition, Casa, the American-Arab Anti-Discrimination Committee, the ADC Research Institute, and Make the Road New York—all advocacy and non-profit organizations—filed this action against the Department of Commerce and Bureau of Census in response. Represented by private counsel, the New York Civil Liberties Union, a…

On March 26, 2018, the Secretary of Commerce ordered that the 2020 Census add a question about citizenship for the first time since 1950. On June 6, 2018, the New York Immigration Coalition, Casa, the American-Arab Anti-Discrimination Committee, the ADC Research Institute, and Make the Road New York—all advocacy and non-profit organizations—filed this action against the Department of Commerce and Bureau of Census in response. Represented by private counsel, the New York Civil Liberties Union, and the ACLU, the plaintiffs alleged that the question was a form of intentional discrimination directed at immigrant community of color to deter them from participation in the Census. Such underreporting would subsequently affect the allocation of federal resources to these communities and their political representation in federal and state government. They claimed that the question was motivated by discriminatory animus and the Trump Administration's hostility toward people of color and immigrant communities. The plaintiffs alleged that any rationale stated was blatantly pretextual: the intentional discrimination would violate the Fifth and Fourteenth Amendments equal protection and due process and the arbitrary and unconstitutional federal action would violate the Administrative Procedure Act (APA). The plaintiffs sought declaratory relief, a preliminary and permanent injunction, and attorneys' fees and costs on behalf of their members, as well as for the organizations themselves for the funding they receive as the result of Census data.

The case was assigned to Judge Jesse M. Furman as related to New York v. U.S. Department of Commerce, which was a case filed by state actors and brought all the same claims except for an Equal Protection Clause violation. On June 13, 2018, the cases were informally consolidated and coordinated for purposes of scheduling and case management. The cases were officially consolidated on September 14, 2018.

On June 29, 2018, the Department of Commerce filed a motion to dismiss that the plaintiff organizations lacked standing to sue on behalf of their membership. Moreover, they claimed that the plaintiffs failed to state an Enumeration Clause claim or an Equal Protection claim. On July 26, the court granted in part and denied in part the motion to dismiss. The court held that the Secretary of the Department of Commerce did not have a blanket protection from judicial review; rather, the purpose of the judiciary is exactly to review the conduct of other political branches. The court concluded that under the Enumeration Clause, the question was not whether the Secretary exercised his authority in a discriminatory manner, but whether he had the authority to add a question about citizenship to the Census. Those questions about his authority to exercise executive power were dismissed. However, the court found that the plaintiffs sufficiently alleged a plausible Equal Protection claim under the Due Process clause. The case was allowed to proceed to discovery, though the court noted that the Enumeration Clause and Census Act granted the Secretary of Commerce broad authority over the Census.

The plaintiffs previously sought leave to file an amended complaint in August based on newly acquired discovery and false testimony. They requested to add the Department of Justice, the Attorney General, and the Acting Assistant Attorney General to the complaint. The court denied the plaintiffs’ motion on September 7, finding that the Administrative Procedure Act and Due Process claims against the Department of Justice would fail. The court similarly denied the plaintiffs’ motion to add two organizations that work on behalf of communities in Florida as additional plaintiffs.

From July to September of 2018, the parties engaged in a slew of discovery disputes. The court granted on August 17, 2018, the plaintiffs’ request to depose the Acting Assistant Attorney General for Civil Rights. The court dismissed as frivolous the defendants’ motion to stay discovery altogether on September 7. The court found that the motion to stay deposition of the Acting Assistant Attorney General was a closer question but still dismissed it. Generally, the court found that the "public interest weighs heavily in favor of [deposing Secretary Wilbur Ross and other U.S. officials]." The Second Circuit denied the defendants’ writ of mandamus to halt discovery in the cases, finding the district court did not clearly abuse its discretion in ordering additional discovery and the deposition. 2018 WL 6006904.

The defendants appealed the Second Circuit's refusal to stay discovery to the Supreme Court. On October 23, 2018, the Supreme Court granted the application for stay with respect to Secretary Ross's deposition but denied it with respect to other discovery matters.

On January 15, 2019, following a contentious trial, the district court ruled to vacate the Department of Commerce's decision to include a question about citizenship on the census. While the court reasoned that Commerce did not commit a constitutional harm when adding the question of citizenship to the census, the court found that the question did violate Secretary Ross's statutory limits on power as well as the APA. Thus, the court enjoined the defendants from adding a citizenship question to the census.

Two days later, the defendants appealed to the Second Circuit. Before a judgment could be entered there, the defendants petitioned for a writ of certiorari from the Supreme Court on January 25, 2019. This was justified under the pretense that details concerning the census needed to be resolved prior to July 2019 in order to send the survey out on time.

On June 27, 2019, the Supreme Court announced a decision holding that adding a citizenship question was within the limits of the Secretary's power. However, the Court emphasized that such actions were reviewable under the APA and that agency heads needed to offer "reasoned explanation" and "genuine justifications" for their actions. Here, the Court concluded that Secretary Ross did not genuinely aim to collect citizenship data for the purposes of enforcing the Voting Rights Act; rather, the Court found that explanation to merely be a pretextual justification that thus invalidated the agency action. 139 S. Ct. 2551.

Following the Supreme Court's ruling, the Trump Administration attempted to find other ways to include a citizenship question on the census, even after the deadline date. However, on July 16, 2019, the district court permanently enjoined the administration from including a citizenship question on the census.

Following the permanent injunction, the plaintiffs filed a motion for sanctions, alleging that the defendants deliberately concealed information showing Secretary Ross's ulterior motives for including the citizenship question. As a result, the court granted the motion for sanctions in part on May 21, 2020, and ordered the defendants to reimburse some fees and costs associated with the deliberate obfuscation.

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. The case has now ended.

Summary Authors

Chelsea Rinnig (8/29/2018)

Erica Lignell (3/14/2019)

John Duffield (8/3/2021)

Matthew Feng (8/30/2021)

Related Cases

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

State of New York v. U.S. Department of Commerce, Southern District of New York (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7060986/parties/the-new-york-immigration-coalition-v-united-states-department-of-commerce/


Judge(s)

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

Breyer, Stephen Gerald (District of Columbia)

Furman, Jesse Matthew (New York)

Ginsburg, Ruth Bader (District of Columbia)

Gorsuch, Neil M. (Colorado)

Kagan, Elena (District of Columbia)

Kavanaugh, Brett M. (District of Columbia)

Leval, Pierre Nelson (New York)

Lohier, Raymond Joseph Jr. (New York)

Pauley, William H. III (New York)

Judge(s)

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

Breyer, Stephen Gerald (District of Columbia)

Furman, Jesse Matthew (New York)

Ginsburg, Ruth Bader (District of Columbia)

Gorsuch, Neil M. (Colorado)

Kagan, Elena (District of Columbia)

Kavanaugh, Brett M. (District of Columbia)

Leval, Pierre Nelson (New York)

Lohier, Raymond Joseph Jr. (New York)

Pauley, William H. III (New York)

Pooler, Rosemary S. (New York)

Roberts, John Glover Jr. (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Thomas, Clarence (District of Columbia)

Walker, John Mercer Jr. (New York)

Wesley, Richard C. (New York)

Attorneys(s) for Plaintiff

Abudu, Nancy G (Florida)

Bauer, Andrew B. (New York)

Brannon, Sarah (District of Columbia)

Cherry, Ceridwen (District of Columbia)

Dunn, Christopher (New York)

Eisenberg, Arthur (New York)

Freedman, John A. (District of Columbia)

Gersch, David P. (District of Columbia)

Grossi, Peter Thomas Jr. (District of Columbia)

Grossman, Perry M. (New York)

Hausman, David (New York)

Ho, Dale E. (District of Columbia)

Jacobson, Daniel F. (District of Columbia)

Jones, Robert Stanton (District of Columbia)

Katz, Nicholas (Maryland)

Kelly, Caroline D. (District of Columbia)

Khalaf, Samer E. (District of Columbia)

Lao-Scott, Christine G. (District of Columbia)

Leff, Jay Z. (District of Columbia)

Raines, Chase R, (District of Columbia)

Rosborough, Davin (District of Columbia)

Rubel, Eric A. (District of Columbia)

Theodore, Elisabeth S. (District of Columbia)

Weiner, David J. (District of Columbia)

Wootton, Barbara H. (District of Columbia)

Yong, Dylan Scot (District of Columbia)

Attorneys(s) for Defendant

Bailey, Kate (District of Columbia)

Burnham, James M (District of Columbia)

Coyle, Garrett Joseph (District of Columbia)

Davidson, Peter B (District of Columbia)

Dewhirst, David (District of Columbia)

Ehrlich, Stephen (District of Columbia)

Federighi, Carol (District of Columbia)

Francisco, Noel (District of Columbia)

Gardner, Joshua Edward (District of Columbia)

Griffiths, John R. (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Joshi, Sopan (District of Columbia)

Mooppan, Hashim M. (District of Columbia)

Paltzik, Edward Andrew (New York)

Sinzdak, Gerard (District of Columbia)

Stern, Mark B (District of Columbia)

Tomlinson, Martin (District of Columbia)

Wall, Jeffrey B. (District of Columbia)

Other Attorney(s)

Adams, Rory Edward (District of Columbia)

Bannai, Lorraine K. (Washington)

Cahn, Albert Fox (New York)

Case, Andrew (New York)

Chang, Robert S. (Washington)

Derrick, Geoffrey James (District of Columbia)

Feinberg, Ira M. (New York)

Hsu, Alice (New York)

Libby, John F. (California)

Pees, Robert Hardy (New York)

Petrossian, Emil (California)

Schoenfeld, Alan E. (New York)

Documents in the Clearinghouse

Document

1:18-cv-05025

Docket [PACER]

The New York Immigration Coalition v. United States Department of Commerce

Aug. 2, 2021

Aug. 2, 2021

Docket
1

1:18-cv-05025

Complaint

The New York Immigration Coalition v. United States Department of Commerce

June 6, 2018

June 6, 2018

Complaint
70

1:18-cv-05025

Opinion and Order

The New York Immigration Coalition v. United States Department of Commerce

July 26, 2018

July 26, 2018

Order/Opinion
99

1:18-cv-05025

Memorandum of Law in Support of Plaintiffs' Motion to File an Amended Complaint

The New York Immigration Coalition v. United States Department of Commerce

Aug. 22, 2018

Aug. 22, 2018

Complaint
133

1:18-cv-05025

Memorandum Opinion and Order

2018 WL 4292673

Sept. 7, 2018

Sept. 7, 2018

Order/Opinion
134

1:18-cv-05025

Opinion and Order

339 F.Supp.3d 144, 2018 WL 4279467

Sept. 7, 2018

Sept. 7, 2018

Order/Opinion
150

1:18-cv-05025

18-02921

Order USCA

U. S. Court of Appeals for the Second Circuit

2018 WL 6006904

Sept. 25, 2018

Sept. 25, 2018

Order/Opinion
152

1:18-cv-05025

Memorandum Opinion and Order

2018 WL 4732751

Sept. 30, 2018

Sept. 30, 2018

Order/Opinion
157

1:18-cv-05025

Order of USCA

U. S. Court of Appeals for the Second Circuit

2018 WL 6006885

Oct. 9, 2018

Oct. 9, 2018

Order/Opinion
159

1:18-cv-05025

Opinion

Supreme Court of the United States

139 S.Ct. 16, 202 L.Ed.2d 306

Oct. 22, 2018

Oct. 22, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7060986/the-new-york-immigration-coalition-v-united-states-department-of-commerce/

Last updated May 28, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Filing Fee $ 400.00, Receipt Number 0208-15161122)Document filed by American-Arab Anti-Discrimination Committee, CASA de Maryland, ADC Research Institute, The New York Immigration Coalition, Make the Road-New York.(Freedman, John) (Entered: 06/06/2018)

1

View on RECAP

June 6, 2018

June 6, 2018

RECAP
2

FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Attachments: # 1 Appendix A)(Freedman, John) Modified on 6/7/2018 (jgo). Modified on 6/7/2018 (jgo). (Entered: 06/06/2018)

1 Appendix A

View on PACER

June 6, 2018

June 6, 2018

PACER
3

STATEMENT OF RELATEDNESS re: that this action be filed as related to 18 Civ. 2921 (JMF). Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, The New York Immigration Coalition.(Freedman, John) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
4

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Commerce, Wilbur Ross, United States Bureau of the Census, Ron S. Jarmin, re: 1 Complaint,. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, The New York Immigration Coalition. (Freedman, John) Modified on 6/7/2018 (jgo). (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
5

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Immigration Coalition.(Freedman, John) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
6

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CASA de Maryland.(Freedman, John) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
7

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American-Arab Anti-Discrimination Committee.(Freedman, John) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
8

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ADC Research Institute.(Freedman, John) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
9

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Make the Road-New York.(Freedman, John) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
10

NOTICE OF APPEARANCE by Davin Mckay Rosborough on behalf of ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, The New York Immigration Coalition. (Rosborough, Davin) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
11

NOTICE OF APPEARANCE by Dale E. Ho on behalf of ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, The New York Immigration Coalition. (Ho, Dale) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
12

NOTICE OF CHANGE OF ADDRESS by Dale E. Ho on behalf of ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, The New York Immigration Coalition. New Address: American Civil Liberties Union Foundation, Inc., 125 Broad Street, 18th Floor, New York, NY, USA 10004, (212) 549-2693. (Ho, Dale) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
13

NOTICE OF CHANGE OF ADDRESS by Davin Mckay Rosborough on behalf of ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, The New York Immigration Coalition. New Address: American Civil Liberties Union Foundation, Inc., 915 15th Street NW., Washington, DC, United States 20005-2313, (202) 675-2334. (Rosborough, Davin) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney John Arak Freedman to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): party names must be on pdf case caption. If all parties do not fit, you may add leading party name followed by 'et al';. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located athttp://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)

June 7, 2018

June 7, 2018

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Arak Freedman. The party information for the following party/parties has been modified: New York Immigration Coalition; CASA de Maryland; American-Arab Anti-Discrimination Committee; ADC Research Institute; Make the Road-New York; United States Department of Commerce; Wilbur L. Ross; Bureau of the Census; Ron S. Jarmin. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly;. (jgo)

June 7, 2018

June 7, 2018

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo)

June 7, 2018

June 7, 2018

PACER

Case Designated ECF. (jgo)

June 7, 2018

June 7, 2018

PACER

CASE REFERRED TO Judge Jesse M. Furman as possibly related to 18-cv-2921. (jgo)

June 7, 2018

June 7, 2018

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Arak Freedman to RE-FILE Document No. 4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): pdf case caption does not list all of the parties; request for summons is issued only for parties to the case;. 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. (jgo)

June 7, 2018

June 7, 2018

PACER
14

CIVIL COVER SHEET filed. (Attachments: # 1 Appendix)(Freedman, John) (Entered: 06/07/2018)

1 Appendix

View on PACER

June 7, 2018

June 7, 2018

PACER
15

REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Commerce, Wilbur Ross, United States Bureau of the Census, Ron S. Jarmin, re: 1 Complaint,. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition. (Freedman, John) (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

PACER

CASE ACCEPTED AS RELATED. Create association to 1:18-cv-02921-JMF. Notice of Assignment to follow. (bcu)

June 8, 2018

June 8, 2018

PACER

NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (bcu)

June 8, 2018

June 8, 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. (bcu)

June 8, 2018

June 8, 2018

PACER
16

NOTICE OF APPEARANCE by Christopher T Dunn on behalf of ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition. (Dunn, Christopher) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

PACER
17

ORDER: On June 6, 2018, five organizations filed suit against the United States Department of Commerce, the Bureau of the Census, and related individual defendants. (18-CV-5025, Docket No. 1). Plaintiffs submitted a Related Case Statement (18-CV-5025, Docket No. 7), indicating their view that the case is related to 18-CV-2921, and this Court accepted it as related. Counsel in both cases shall promptly confer and, no later than June 12, 2018, shall submit a joint letter (or, if that is impracticable, competing letters) expressing their views on (1) whether and to what extent the two cases should be consolidated (pursuant to Rule 42 of the Federal Rules of Civil Procedure) or otherwise coordinated; (2) whether Defendants anticipate filing any motions in 18-CV-5025 and, if so, a proposed schedule for such motions (mindful of the schedule in 18-CV-2921); and (3) whether (and, if so, when) the Court should hold a conference to discuss those issues or any others. The Court notes that Plaintiffs in the new case indicate that they "will not seek to alter the existing schedule in the State of New York case." (18-CV-5025, Docket No. 7). For that reason and others, unless and until the Court says otherwise, the deadlines for briefing and oral argument in 18-CV-2921 remain in effect. (Signed by Judge Jesse M. Furman on 6/8/2018) (mro) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

PACER
18

ELECTRONIC SUMMONS ISSUED as to Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (dnh) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

PACER
19

NOTICE OF APPEARANCE by Perry Grossman on behalf of ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition. (Grossman, Perry) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

PACER
20

JOINT LETTER addressed to Judge Jesse M. Furman from John A. Freedman dated June 12, 2018 re: Consolidation and Schedule. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition.(Freedman, John) (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

RECAP
21

ORDER: It is hereby ORDERED that: The Court defers the question of whether the two cases should be formally consolidated pursuant to Federal Rule of Civil Procedure 42(a). For now, the Court finds that the cases should be consolidated or coordinated for purposes of case management with respect to scheduling and discovery (if the Court determines that Plaintiffs are entitled to discovery beyond of the administrative record). The briefing and oral argument schedule with respect to Defendants' Motion to Dismiss in 18-CV-2921 (Docket No. 154) remains in effect. Accordingly, Plaintiffs' opposition is due today and Defendants' reply is due by June 22, 2018. The Court will hear oral argument on that motion on July 3, 2018, at 10 a.m. (See 18-CV-2921, Docket No. 137). The New York Immigration Coalition ("NYIC") Plaintiffs shall submit a five-page single-spaced letter brief by June 26, 2018, concerning whether and to what extent the Court should permit discovery in these matters outside of the administrative record. The NYIC Plaintiffs are also granted leave to participate in the July 3, 2018 hearing to the extent that it concerns the question of discovery. The following briefing schedule shall apply to Defendants' anticipated motion to dismiss in 18-CV-5025: Defendants shall submit any such motion by June 29, 2018; Plaintiffs' opposition shall be filed by July 9, 2018; and Defendants' reply, if any, shall be filed by July 13, 2018. The Court will advise the parties after reviewing their written submissions if it intends to hold oral argument on that motion. (Motions due by 6/29/2018. Responses due by 7/9/2018. Replies due by 7/13/2018.) (Oral Argument set for 7/3/2018 at 10:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 6/13/2018) (ras) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

RECAP
22

ORDER: The Order entered earlier today mistakenly stated that oral argument on July 3, 2018, would begin at 10 a.m. Per the Court's Order of May 9, 2018, in 18-CV-2921 (JMF), the Court will hear oral argument beginning at 9:30 a.m. - NOT 10 a.m. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/13/2018) (Text Only Order)(Furman, Jesse) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
23

AFFIDAVIT OF SERVICE of Summons and Complaint,. Bureau of the Census served on 6/8/2018, answer due 6/29/2018; Ron S. Jarmin served on 6/8/2018, answer due 6/29/2018; Wilbur L. Ross served on 6/8/2018, answer due 6/29/2018; United States Department of Commerce served on 6/8/2018, answer due 6/29/2018. Service was accepted by Haojun Lee, Civil Clerk. Document filed by American-Arab Anti-Discrimination Committee; CASA de Maryland; ADC Research Institute; New York Immigration Coalition; Make the Road-New York. (Freedman, John) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
24

AFFIDAVIT OF SERVICE. United States Department of Commerce served on 6/11/2018, answer due 7/2/2018. Service was accepted by Catherine Grant, Administrative Specialist. Document filed by American-Arab Anti-Discrimination Committee; CASA de Maryland; ADC Research Institute; New York Immigration Coalition; Make the Road-New York. (Freedman, John) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
25

AFFIDAVIT OF SERVICE. Wilbur L. Ross served on 6/11/2018, answer due 7/2/2018. Service was accepted by Catherine Grant, Administrative Specialist. Document filed by American-Arab Anti-Discrimination Committee; CASA de Maryland; ADC Research Institute; New York Immigration Coalition; Make the Road-New York. (Freedman, John) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
26

AFFIDAVIT OF SERVICE. Service was accepted by Catherine Gantt, Administrative Specialist. Document filed by American-Arab Anti-Discrimination Committee, CASA de Maryland, ADC Research Institute, New York Immigration Coalition, Make the Road-New York. (Freedman, John) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

PACER
27

AFFIDAVIT OF SERVICE. Service was accepted by Catherine Gantt, Administrative Specialist. Document filed by American-Arab Anti-Discrimination Committee, CASA de Maryland, ADC Research Institute, New York Immigration Coalition, Make the Road-New York. (Freedman, John) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

PACER
28

MOTION for David Kautsky Hausman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15232617. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Hausman, David) (Entered: 06/21/2018)

1 Affidavit

View on PACER

2 Exhibit Certificate of Good Standing

View on PACER

3 Text of Proposed Order

View on PACER

June 21, 2018

June 21, 2018

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 28 MOTION for David Kautsky Hausman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15232617. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

June 22, 2018

June 22, 2018

PACER
29

ORDER granting 28 Motion for David Kautsky Hausman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
30

LETTER addressed to Judge Jesse M. Furman from John A. Freedman dated June 26, 2018 re: Discovery Beyond the Administrative Record. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Freedman, John) (Entered: 06/26/2018)

1 Exhibit 1

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2 Exhibit 2

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June 26, 2018

June 26, 2018

PACER
31

MEMO ENDORSEMENT on re: (195 in 1:18-cv-02921-JMF) Letter filed by State Of New York. ENDORSEMENT: The Court's Order of May 4, 2018 (Docket No. 117) enabled "counsel who have noticed an appearance on ECF to listen to conferences in this litigation." That Order applies to the conference on July 3, 2018, and all future conferences - in both 18-CV-2921 and 18-CV-5025. The parties are directed to follow the procedures set forth in that Order. The Clerk of Court is directed to docket this letter in both of the above-captioned cases. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/27/2018) (ne) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
32

CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Jesse M. Furman from Defendants dated June 27, 2018. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce.(Ehrlich, Stephen) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
33

ORDER granting 32 Letter Motion for Leave to File Excess Pages. Defendants should NOT be re-briefing "the same complex issues of constitutional and statutory interpretation" that have already been briefed in 18-CV-2921, as the Court's rulings in that case will be applied to this case - unless there is a material distinction between the two cases. At most, Defendants should incorporate their arguments from 18-CV-2921 by reference - and limit their briefing in 18-CV-5025 to issues and arguments that are unique to 18-CV-5025. In light of that, the parties are granted up to 30 pages for their principal briefs, and Defendants are granted up to 15 pages for their reply. (If Plaintiffs in 18-CV-5025 have anything to add in opposition to arguments that Defendants made in 18-CV-2921, they should advise the Court by letter no later than June 29, 2018, and be prepared to file a supplemental brief in short order. Otherwise, the Court will presume that Plaintiffs in 18-CV-5025 are content to rely on the arguments already made by Plaintiffs in 18-CV-2921.) (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER

Magistrate Judge Robert W. Lehrburger is so redesignated. (ma)

June 28, 2018

June 28, 2018

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 36 MOTION for Caroline Kelly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15268358. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)

June 29, 2018

June 29, 2018

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 34 MOTION for Dylan Scot Young to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15266513. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)

June 29, 2018

June 29, 2018

PACER
34

MOTION for Dylan Scot Young to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15266513. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition. (Attachments: # 1 Text of Proposed Order, # 2 DC Bar Certificate of Good Standing, # 3 Declaration in Support of Motion)(Yong, Dylan) (Entered: 06/29/2018)

1 Text of Proposed Order

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2 DC Bar Certificate of Good Standing

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3 Declaration in Support of Motion

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June 29, 2018

June 29, 2018

PACER
35

ORDER granting 34 Motion for Dylan Scot Young to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
36

MOTION for Caroline Kelly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15268358. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition. (Attachments: # 1 Text of Proposed Order, # 2 DC Bar Certificate of Good Standing, # 3 Affidavit)(Kelly, Caroline) (Entered: 06/29/2018)

1 Text of Proposed Order

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2 DC Bar Certificate of Good Standing

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3 Affidavit

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June 29, 2018

June 29, 2018

PACER
37

LETTER addressed to Judge Jesse M. Furman from John A. Freedman dated June 29, 2018 re: Motion to Dismiss Briefing. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition.(Freedman, John) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

RECAP
38

MOTION to Dismiss . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce.(Ehrlich, Stephen) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
39

MEMORANDUM OF LAW in Support re: 38 MOTION to Dismiss . . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Ehrlich, Stephen) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
40

ORDER granting 36 Motion for Caroline Kelly to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 06/30/2018)

June 30, 2018

June 30, 2018

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 45 MOTION for Sarah E. Brannon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15274285. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

July 2, 2018

July 2, 2018

PACER
41

MOTION for Chase R. Raines to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15272330. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition. (Attachments: # 1 Text of Proposed Order, # 2 DC Bar Certificate of Good Standing, # 3 VA Bar Certificate of Good Standing, # 4 Declaration In Support of Motion)(Raines, Chase) (Entered: 07/02/2018)

1 Text of Proposed Order

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2 DC Bar Certificate of Good Standing

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3 VA Bar Certificate of Good Standing

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4 Declaration In Support of Motion

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July 2, 2018

July 2, 2018

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 41 MOTION for Chase R. Raines to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15272330. Motion and supporting papers to be reviewed by Clerk's Office staff., 42 MOTION for Jay Z. Leff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15272555. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

July 2, 2018

July 2, 2018

PACER
42

MOTION for Jay Z. Leff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15272555. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition. (Attachments: # 1 Text of Proposed Order, # 2 DC Bar Certificate of Good Standing, # 3 Affidavit)(Leff, Jay) (Entered: 07/02/2018)

1 Text of Proposed Order

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2 DC Bar Certificate of Good Standing

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3 Affidavit

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July 2, 2018

July 2, 2018

PACER
43

ORDER granting 41 Motion for Chase R. Raines to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
44

ORDER granting 42 Motion for Jay Z. Leff to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
45

MOTION for Sarah E. Brannon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15274285. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Maryland Certificate of Good Standing, # 3 Declaration in Support of Motion)(Brannon, Sarah) (Entered: 07/02/2018)

1 Text of Proposed Order

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2 Exhibit Maryland Certificate of Good Standing

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3 Declaration in Support of Motion

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July 2, 2018

July 2, 2018

PACER
46

ORDER granting 45 Motion for Sarah E. Brannon to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
47

ORDER: Per the Court's Order of May 9, 2018 (18-CV-2921, Docket No. 137), the Court will hear oral argument on Defendants' motion to dismiss in 18-CV-2921 and on the letter motions concerning discovery in both cases tomorrow, July 3, 2018, at 9:30 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. In addition, a live feed of the proceedings will be transmitted to Courtroom 318 in the Thurgood Marshall Courthouse to accommodate additional spectators and those who may want to come and go without intruding on the proceedings. (Signed by Judge Jesse M. Furman on 7/2/2018) (ab) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER

Minute Entry for proceedings held before Judge Jesse M. Furman: Oral Argument held on 7/3/2018 re: (193 in 1:18-cv-02921-JMF) Letter, (154 in 1:18-cv-02921-JMF) MOTION to Dismiss, (194 in 1:18-cv-02921-JMF) Letter. Court reporter present. -- See transcript. (ab)

July 3, 2018

July 3, 2018

PACER
48

ORDER: For the reasons stated on the record at the conference held on July 3, 2018, Plaintiffs request for an order directing Defendants to complete the administrative record and authorizing extra-record discovery is GRANTED. As discussed, the following deadlines shall apply unless and until the Court says otherwise: Fact Discovery due by 10/12/2018. Expert Discovery due by 10/12/2018. Status Conference set for 9/14/2018 at 02:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 7/5/2018) (ne) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

PACER
49

MEMORANDUM OF LAW in Opposition re: 38 MOTION to Dismiss . . Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition. (Attachments: # 1 Ayoub Declaration, # 2 Escobar Declaration, # 3 Valdes Declaration, # 4 Plum Declaration)(Freedman, John) (Entered: 07/09/2018)

1 Ayoub Declaration

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2 Escobar Declaration

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3 Valdes Declaration

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4 Plum Declaration

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July 9, 2018

July 9, 2018

PACER
50

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Council on American-Islamic Relations, New York, Inc..(Pees, Robert) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

PACER
51

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fred T. Korematsu Center for Law and Equality.(Pees, Robert) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

PACER
52

MOTION to File Amicus Brief . Document filed by Council on American-Islamic Relations, New York, Inc., Fred T. Korematsu Center for Law and Equality, Norman Y. Mineta, The Sakamoto Sisters. (Attachments: # 1 Proposed Brief of Amici Curiae, # 2 Certificate of Service)(Pees, Robert) (Entered: 07/10/2018)

1 Proposed Brief of Amici Curiae

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2 Certificate of Service

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July 10, 2018

July 10, 2018

RECAP
53

MEMORANDUM OF LAW in Support re: 52 MOTION to File Amicus Brief . . Document filed by Council on American-Islamic Relations, New York, Inc., Fred T. Korematsu Center for Law and Equality, Norman Y. Mineta, The Sakamoto Sisters. (Pees, Robert) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

PACER
54

NOTICE OF APPEARANCE by Albert Fox Cahn on behalf of Council on American-Islamic Relations, New York, Inc.. (Cahn, Albert) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

RECAP
55

NOTICE OF APPEARANCE by Alan Schoenfeld on behalf of The Leadership Conference on Civil and Human Rights. (Schoenfeld, Alan) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
56

LETTER addressed to Judge Jesse M. Furman from Alan E. Schoenfeld dated July 11, 2018 re: Amicus Brief filed in State of New York v. United States Department of Commerce, No. 18 Civ. 2921. Document filed by The Leadership Conference on Civil and Human Rights.(Schoenfeld, Alan) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

RECAP
57

ORDER granting 52 Letter Motion to File Amicus Brief. Additionally, in connection with 56, the Court will consider the amicus brief previously filed by the Leadership Conference on Civil and Human Rights et al. in connection with this case as well. There is no need to refile. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
58

REPLY MEMORANDUM OF LAW in Support re: 38 MOTION to Dismiss . . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Federighi, Carol) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 60 MOTION for Lorraine K. Bannai to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15338175. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

July 18, 2018

July 18, 2018

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 59 MOTION for Robert Seungchul Chang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15337697. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

July 18, 2018

July 18, 2018

PACER
59

MOTION for Robert Seungchul Chang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15337697. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fred T. Korematsu Center for Law and Equality, Norman Y. Mineta, The Sakamoto Sisters. (Attachments: # 1 Affidavit, # 2 Exhibit Cert of Good Standing, # 3 Text of Proposed Order)(Chang, Robert) (Entered: 07/18/2018)

1 Affidavit

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2 Exhibit Cert of Good Standing

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3 Text of Proposed Order

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July 18, 2018

July 18, 2018

PACER
60

MOTION for Lorraine K. Bannai to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15338175. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fred T. Korematsu Center for Law and Equality, Norman Y. Mineta, The Sakamoto Sisters. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Bannai, Lorraine) (Entered: 07/18/2018)

1 Affidavit

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2 Exhibit Certificate of Good Standing

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3 Text of Proposed Order

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July 18, 2018

July 18, 2018

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 63 MOTION for Ceridwen B. Cherry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15344483. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)

July 19, 2018

July 19, 2018

PACER
61

ORDER granting 59 Motion for Robert Seungchul Chang to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
62

ORDER granting 60 Motion for Lorraine K. Bannai to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
63

MOTION for Ceridwen B. Cherry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15344483. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit MA Bar Certificate of Good Standing, # 3 Exhibit DC Bar Certificate of Good Standing, # 4 Declaration in Support of Motion)(Cherry, Ceridwen) (Entered: 07/19/2018)

1 Text of Proposed Order

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2 Exhibit MA Bar Certificate of Good Standing

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3 Exhibit DC Bar Certificate of Good Standing

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4 Declaration in Support of Motion

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July 19, 2018

July 19, 2018

PACER
64

ORDER granting 63 Motion for Ceridwen B. Cherry to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
65

NOTICE OF APPEARANCE by Kate Bailey on behalf of Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Bailey, Kate) (Entered: 07/23/2018)

July 23, 2018

July 23, 2018

PACER
66

ORDER granting Defendants' Letter Motion in 18-CV-2921 for Extension of Time to Provide Supplemental Material in response to July 3rd order (Unopposed). The deadline to complete production of documents in response to the Court's July 3rd Order is hereby extended to July 26, 2018. No further extensions will be granted. All other deadlines remain in effect. The Court notes that, contrary to Defendants' letter, there IS a pretrial conference scheduled: for September 14, 2018, at 2:00 p.m. (See 18-CV-2921 Docket No. 199, at 2). SO ORDERED. (Signed by Judge Jesse M. Furman on 7/23/2018) (Text Only Order) (Furman, Jesse) (Entered: 07/23/2018)

July 23, 2018

July 23, 2018

PACER
67

NOTICE of Filing Supplemental Materials Pursuant to the Court's July 3, 2018 Order. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Ehrlich, Stephen) (Entered: 07/23/2018)

July 23, 2018

July 23, 2018

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 68 MOTION for Daniel F. Jacobson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15360366. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)

July 24, 2018

July 24, 2018

PACER
68

MOTION for Daniel F. Jacobson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15360366. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Make the Road-New York, New York Immigration Coalition. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit, # 3 NY Bar Certificate of Good Standing, # 4 DC Certificate of Good Standing)(Jacobson, Daniel) (Entered: 07/24/2018)

1 Text of Proposed Order

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2 Affidavit

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3 NY Bar Certificate of Good Standing

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4 DC Certificate of Good Standing

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July 24, 2018

July 24, 2018

PACER
69

ORDER granting 68 Motion for Daniel F. Jacobson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

PACER
70

OPINION AND ORDER re: (38 in 1:18-cv-05025-JMF) MOTION to Dismiss . filed by Wilbur L. Ross, United States Department of Commerce, Bureau of the Census, Ron S. Jarmin, (154 in 1:18-cv-02921-JMF) MOTION to Dismiss . filed by Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Ron S. Jarmin. Defendants' motions to dismiss are GRANTED in part and DENIED in part. First, the Court rejects Defendants' attempts to insulate Secretary Ross's decision to reinstate a question about citizenship on the 2020 census from judicial review. Granted, courts must give proper deference to the Secretary, but that does not mean that they lack authority to entertain claims like those pressed here. To the contrary, courts have a critical role to play in reviewing the conduct of the political branches to ensure that the census is conducted in a manner consistent with the Constitution and applicable law. Second, the Court concludes that Plaintiffs' claims under the Enumeration Clause which turn on whether Secretary Ross had the power to add a question about citizenship to the census and not on whether he exercised that power for impermissible reasons must be dismissed. Third, assuming the truth of their allegations and drawing all reasonable inferences in their favor, the Court finds that NGO Plaintiffs plausibly allege that Secretary Ross's decision to reinstate the citizenship question was motivated at least in part by discriminatory animus and will result in a discriminatory effect. Accordingly, their equal protection claim under the Due Process Clause (and Plaintiffs' APA claims, which Defendants did not substantively challenge) may proceed. None of that is to say that Plaintiffs will ultimately prevail in their challenge to Secretary Ross's decision to reinstate the citizenship question on the 2020 census. As noted, the Enumeration Clause and the Census Act grant him broad authority over the census, and Plaintiffs may not ultimately be able to prove that he exercised that authority in an unlawful manner. Put another way, the question at this stage of the proceedings is not whether the evidence supports Plaintiffs' claims, but rather whether Plaintiffs may proceed with discovery and, ultimately, to summary judgment or trial on their claims. The Court concludes that they may as to their claims under the APA and the Due Process Clause and, to that extent, Defendants' motions are denied. Per the Court's Order entered on July 5, 2018 (Docket No. 199), the deadline for the completion of fact and expert discovery in these cases is October 12, 2018, and the parties shall appear for a pretrial conference on September 14, 2018. The parties are reminded that, no later than the Thursday prior to the pretrial conference, they are to file on ECF a joint letter addressing certain issues. (See id. at 2-3). In that letter, the parties should also give their views with respect to whether the case should resolved by way of summary judgment or trial and whether the two cases should be consolidated for either of those purposes. The Clerk of Court is directed to terminate 18-CV-2921, Docket No. 154; and 18-CV-5025, Docket No. 38. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/26/18) (yv) (Entered: 07/26/2018)

July 26, 2018

July 26, 2018

RECAP
71

NOTICE of Filing Supplemental Materials Pursuant to the Court's July 3, 2018 Order. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Ehrlich, Stephen) (Entered: 07/26/2018)

July 26, 2018

July 26, 2018

RECAP
72

NOTICE of Filing Supplemental Materials Pursuant to the Court's July 3, 2018 Order (Amended). Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Ehrlich, Stephen) (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

RECAP
73

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Compel Defendants to Produce Documents Improperly Withheld addressed to Judge Jesse M. Furman from John A. Freedman dated August 2, 2018. Document filed by ADC Research Institute, American-Arab Anti-Discrimination Committee, CASA de Maryland, Council on American-Islamic Relations, New York, Inc., Make the Road-New York, New York Immigration Coalition. (Attachments: # 1 Exhibit 1 through 7)(Freedman, John) Modified on 8/14/2018 (ldi). (Entered: 08/02/2018)

1 Exhibit 1 through 7

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Aug. 2, 2018

Aug. 2, 2018

PACER
74

NOTICE of of Supplemental Production of Inadvertently Omitted Materials. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Bailey, Kate) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
75

ORDER with respect to 73 Letter Motion to Compel. Per the Court's Order of July 5, 2018, Defendants shall respond to Plaintiffs' letter motion within three business days - namely, by August 7, 2018. To expedite the Court's resolution of the parties' disputes, Defendants shall simultaneously submit - by e-mail - the eight disputed documents withheld based on the work product doctrine for in camera review by the Court. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 08/04/2018)

Aug. 4, 2018

Aug. 4, 2018

PACER
76

ORDER: On August 3, 2018, Plaintiffs filed a letter in 18-CV-2921 (Docket No. 221) regarding proposed coordination procedures with this case and others challenging Defendants' decision to add a citizenship question to the 2020 decennial census. The parties' agreed-upon proposed coordination procedures are acceptable to the Court and hereby adopted. The Court reserves judgment to the extent that there are any disagreements (Items 3 and 4), as those disagreements are academic unless and until discovery is permitted by either Judge Hazel or Judge Seeborg. If or when discovery is authorized by one of those Judges, the Court will consult with the relevant Judge to determine how best to handle those matters. In light of the procedures for raising discovery disputes during depositions (Item 4), counsel in the Maryland and California cases shall promptly file notices of appearance in 18-CV-2921 (and to the extent necessary, motions to appear pro hac vice - for which the Court waives the usual fee). SO ORDERED. (Signed by Judge Jesse M. Furman on 8/4/2018) (Text Only Order)(Furman, Jesse) (Entered: 08/04/2018)

Aug. 4, 2018

Aug. 4, 2018

PACER
77

NOTICE OF APPEARANCE by Martin M Tomlinson on behalf of Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Tomlinson, Martin) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
78

LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Martin M. Tomlinson dated 08/07/2018 re: 73 LETTER MOTION to Compel Defendants to Produce Documents Improperly Withheld addressed to Judge Jesse M. Furman from John A. Freedman dated August 2, 2018. . Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Attachments: # 1 Affidavit)(Tomlinson, Martin) (Entered: 08/07/2018)

1 Affidavit

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Aug. 7, 2018

Aug. 7, 2018

PACER
79

NOTICE of of Filing Corrected Declaration. Document filed by Bureau of the Census, Ron S. Jarmin, Wilbur L. Ross, United States Department of Commerce. (Attachments: # 1 Affidavit Corrected Declaration)(Tomlinson, Martin) (Entered: 08/09/2018)

1 Affidavit Corrected Declaration

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Aug. 9, 2018

Aug. 9, 2018

RECAP
80

NOTICE OF APPEARANCE by Andrew Claude Case on behalf of City Of San Jose, Black Alliance for Just Immigration. (Case, Andrew) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER

Case Details

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: March 26, 2018

Closing Date: Dec. 31, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Public policy organizations that advocate on behalf of immigrant communities of color.

Plaintiff Type(s):

Non-profit NON-religious organization

State Plaintiff

Attorney Organizations:

ACLU National (all projects)

New York Civil Liberties Union (NYCLU)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of Commerce, Federal

Case Details

Causes of Action:

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

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Enumerations Clause

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

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

Attorneys fees

Source of Relief:

Litigation

Order Duration: 2019 - None

Content of Injunction:

Discrimination Prohibition

Issues

General:

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

Discrimination-basis:

Immigration status

National origin discrimination

Race discrimination

Race:

Race, unspecified

Type of Facility:

Government-run

Immigration/Border:

Immigration lawyers

Status/Classification

National Origin/Ethnicity:

Hispanic