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

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

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

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

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

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Second Circuit

Supreme Court of the United States

Oyez

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)

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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

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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)

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)

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

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

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

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

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

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)

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)

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)

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)

***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)

***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)

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

Case Designated ECF. (jgo)

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

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

1 Appendix

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***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)

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)

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

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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2 Exhibit Certificate of Good Standing

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3 Text of Proposed Order

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>>>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)

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)

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)

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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)

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)

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)

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

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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>>>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)

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)

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)

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>>>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)

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)

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)

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)

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)

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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4 Declaration In Support of Motion

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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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>>>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)

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)

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)

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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>>>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)

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)

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)

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)

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)

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)

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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)

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)

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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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)

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

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

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)

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)

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)

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)

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2 Exhibit Cert of Good Standing

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>>>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)

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)

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>>>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)

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)

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)

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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>>>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)

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)

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)

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)

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)

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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>>>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)

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)

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)

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)

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)

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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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)

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)

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)

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)

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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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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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)