Case: City of New York v. Sessions

1:18-cv-06474 | U.S. District Court for the Southern District of New York

Filed Date: July 18, 2018

Closed Date: May 3, 2021

Clearinghouse coding complete

Case Summary

On July 18, 2018, the City of New York filed a complaint against the Attorney General of the U.S. and the Department of the Justice in the U.S. District Court for the Southern District of New York. The City alleged that the defendants imposed new immigration-related conditions on the Edward Byrne Memorial Justice Assistance Grant (JAG) Program in violation of the Administrative Procedure Act (APA), the Spending Clause, the Tenth Amendment, and separation of powers. The City, represented by priv…

On July 18, 2018, the City of New York filed a complaint against the Attorney General of the U.S. and the Department of the Justice in the U.S. District Court for the Southern District of New York. The City alleged that the defendants imposed new immigration-related conditions on the Edward Byrne Memorial Justice Assistance Grant (JAG) Program in violation of the Administrative Procedure Act (APA), the Spending Clause, the Tenth Amendment, and separation of powers. The City, represented by private counsel, sought to enjoin defendants from imposing new conditions on congressionally approved federal funding for the JAG program because these conditions are arbitrary and capricious. The City further sought a declaration that Section 1373 of Title 8 of the United States Code ("Section 1373") is unconstitutional, or, to the extent that Section 1373 lawfully applies to the JAG program, a declaration that the City's laws and policies comply with Section 1373.

A couple of days later, on July 20, 2018, DOJ released the FY 2018 JAG award solicitation and sought to impose new immigration-related conditions on grantees in addition to those imposed on FY 2017 grantees. Any recipient that accepts the FY 2018 award would also need to certify that it would not violate 8 U.S.C. § 1644, a federal statute prohibiting restrictions on sharing information about an individual’s immigration status with federal authorities. In light of this, the City filed an amended complaint on August 6 to seek additional relief.

On August 17, the City filed a motion for partial summary judgment. On September 14, the defendant filed a motion to dismiss or alternatively, motion for partial summary judgment. On November 30, Judge Edgardo Ramos granted the plaintiff’s motion for partial summary judgment and denied the defendants’ motion to dismiss and motion for partial summary judgment. The court held that the conditions were not in accordance with the APA, violated the anticommandeering doctrine of the Tenth Amendment, and violated the constitutional separation of powers. However, the motion for summary judgment with respect to the Spending Clause was denied as moot. The defendants were enjoined from imposing or enforcing the conditions.

On January 28, 2019, the defendants filed an interlocutory appeal to the U.S. Court of Appeals for the Second Circuit. Back in district court, the City again filed a motion for partial summary judgment. These competing motions remained in limbo for nearly a year until, in February 2020, the Second Circuit reversed the district court's initial finding and directed it to enter partial summary judgment in favor of the U.S. Attorney General and the Department of Justice.

However, before the case was concluded, the Biden administration took over and reversed course. The case was stayed on March 19, 2021, and in the following month, on April 30, 2021, the case was voluntarily dismissed by both parties. This case is now closed.

Summary Authors

Sichun Liu (3/8/2019)

Sean Drohan (7/1/2021)

Related Cases

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

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7463192/parties/the-city-of-new-york-v-whitaker/


Judge(s)

Cabranes, José Alberto (Connecticut)

Raggi, Reena (New York)

Ramos, Edgardo (New York)

Winter, Ralph K. Jr. (Connecticut)

Attorneys(s) for Plaintiff

Bernhardt, Doris F. (New York)

Carter, Zachary W. (New York)

Fishbein, Matthew E. (New York)

Hamid, Jyotin R. (New York)

Holt, Meryl (New York)

Jenerette, Tonya (New York)

Judge(s)

Cabranes, José Alberto (Connecticut)

Raggi, Reena (New York)

Ramos, Edgardo (New York)

Winter, Ralph K. Jr. (Connecticut)

Attorneys(s) for Plaintiff

Bernhardt, Doris F. (New York)

Carter, Zachary W. (New York)

Fishbein, Matthew E. (New York)

Hamid, Jyotin R. (New York)

Holt, Meryl (New York)

Jenerette, Tonya (New York)

Johnson, James E. (New York)

Krishnan, Sabita Lakshmi (New York)

Rehnquist, Dana (New York)

Rubin, Gail (New York)

Attorneys(s) for Defendant

Bowen, Brigham J. (District of Columbia)

Boynton, Brian M (District of Columbia)

Gans, David H. (District of Columbia)

Mauler, Daniel (District of Columbia)

Roberts, Charles E.T. (District of Columbia)

Other Attorney(s)

Attie, Jessica (New York)

Trasande, Nancy Milagros (New York)

Documents in the Clearinghouse

Document

1:18-cv-06474

1:18-cv-06471

Docket [PACER]

The City of New York v. Sessions III

May 3, 2021

May 3, 2021

Docket
1

1:18-cv-06474

Complaint for Declaratory, Injunctive, and Mandamus Relief

The City of New York v. Sessions

July 18, 2018

July 18, 2018

Complaint
15

1:18-cv-06474

First Amended Complaint

The City of New York v. Sessions III

Aug. 6, 2018

Aug. 6, 2018

Complaint
81

1:18-cv-06474

1:18-cv-06471

Opinion and Order

City of New York v. Whitaker

343 F.Supp.3d 213

Nov. 30, 2018

Nov. 30, 2018

Order/Opinion
198

1:18-cv-06474

0:19-00267

0:19-00275

[Opinion]

States of New York v. Department of Justice

U. S. Court of Appeals for the Second Circuit

951 F.3d 84

Feb. 26, 2020

Feb. 26, 2020

Order/Opinion
138

1:18-cv-06474

Stipulation of Dismissal

The City of New York v. Garland

April 30, 2021

April 30, 2021

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7463192/the-city-of-new-york-v-whitaker/

Last updated Aug. 5, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
5

REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Justice, re: 1 Complaint. Document filed by CITY OF NEW YORK. (Jenerette, Tonya) (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

PACER
4

REQUEST FOR ISSUANCE OF SUMMONS as to Jefferson B. Sessions, re: 1 Complaint. Document filed by CITY OF NEW YORK. (Jenerette, Tonya) (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

PACER
3

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RELATED CASE AFFIRMATION of Tonya Jenerette re: that this action be filed as related to 18-06471. Document filed by CITY OF NEW YORK.(Jenerette, Tonya) Modified on 7/19/2018 (sj). (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

PACER
2

CIVIL COVER SHEET filed. (Jenerette, Tonya) (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

PACER
1

COMPLAINT against Department Of Justice, Jefferson B. Sessions. (Filing Fee $ 400.00, Receipt Number 0208-15336838)Document filed by CITY OF NEW YORK.(Jenerette, Tonya) (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

RECAP
9

STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-06471. Document filed by The City of New York.(Jenerette, Tonya) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
8

FILING ERROR - DEFICIENT DOCKET ENTRY -STATEMENT OF RELATEDNESS re: that this action be filed as related to 18 cv 06474. Document filed by The City of New York.(Jenerette, Tonya) Modified on 7/19/2018 (pne). (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
7

ELECTRONIC SUMMONS ISSUED as to United States Department of Justice. (sj) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
6

ELECTRONIC SUMMONS ISSUED as to Jefferson B. Sessions, III. (sj) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER

CASE REFERRED TO Judge Edgardo Ramos as possibly related to 1:18cv6471. (sj)

July 19, 2018

July 19, 2018

PACER

Case Designated ECF. (sj)

July 19, 2018

July 19, 2018

PACER

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

July 19, 2018

July 19, 2018

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Tonya Jenerette to RE-FILE Document No. 3 Statement of Relatedness. The filing is deficient for the following reason(s): the wrong event type was used to file the related case statement. Re-file the document using the event type Statement of Relatedness found under the event list Other Documents - select the correct filer - enter the related case number when prompted - and attach the correct PDF. (sj)

July 19, 2018

July 19, 2018

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Tonya Jenerette. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (sj)

July 19, 2018

July 19, 2018

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Tonya Jenerette. The party information for the following party/parties has been modified: The City of New York; Jefferson B. Sessions III; United States Department of Justice. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party role was entered incorrectly. (sj)

July 19, 2018

July 19, 2018

PACER
11

NOTICE OF APPEARANCE by Meryl Holt on behalf of The City of New York. (Holt, Meryl) (Entered: 07/26/2018)

July 26, 2018

July 26, 2018

PACER
10

NOTICE OF APPEARANCE by Matthew E. Fishbein on behalf of The City of New York. (Fishbein, Matthew) (Entered: 07/26/2018)

July 26, 2018

July 26, 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. (ma)

July 26, 2018

July 26, 2018

PACER

NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Unassigned is no longer assigned to the case. (ma)

July 26, 2018

July 26, 2018

PACER

CASE ACCEPTED AS RELATED. Create association to 1:18-cv-06471-ER. Notice of Assignment to follow. (ma)

July 26, 2018

July 26, 2018

PACER
12

ORDER granting [15 in 18-CV-6471] Letter Motion for Conference: A pre-motion conference will be held in this case and the related case, No. 18 Civ. 6474, on August 2, 2018, at 11:30 a.m. Defendants are directed to respond to Plaintiffs' letter by July 31, 2018. (Responses due by 7/31/2018. Pre-Motion Conference set for 8/2/2018 at 11:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 7/27/2018) (jwh) (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
13

NOTICE OF APPEARANCE by Doris F. Bernhardt on behalf of The City of New York. (Bernhardt, Doris) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
14

NOTICE OF APPEARANCE by Daniel Mauler on behalf of Jefferson B. Sessions, III, United States Department of Justice. (Mauler, Daniel) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER

Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 8/3/2018. Plaintiffs' counsel present. Defendants' counsel present. Amended pleading due August 6, 2018. (jar)

Aug. 3, 2018

Aug. 3, 2018

PACER
15

FIRST AMENDED COMPLAINT amending 1 Complaint against Jefferson B. Sessions, III, United States Department of Justice.Document filed by The City of New York. Related document: 1 Complaint.(Fishbein, Matthew) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

RECAP
17

AFFIDAVIT OF SERVICE of Summons and Complaint served. United States Department of Justice served on 7/31/2018, answer due 10/1/2018. Service was made by certified mail. Document filed by The City of New York. (Fishbein, Matthew) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
16

AFFIDAVIT OF SERVICE of Summons and Complaint served. Jefferson B. Sessions, III served on 7/30/2018, answer due 9/28/2018. Service was made by certified mail. Document filed by The City of New York. (Fishbein, Matthew) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
18

MEMO ENDORSEMENT on re: (44 in 1:18-cv-06471-ER) Letter filed by State of New York. ENDORSEMENT: The application is granted. (Motions due by 9/14/2018. Responses due by 9/26/2018. Replies due by 10/8/2018.) (Signed by Judge Edgardo Ramos on 8/14/2018) (jwh) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
19

PROPOSED STIPULATION AND ORDER. Document filed by The City of New York. (Fishbein, Matthew) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
20

STIPULATION: Plaintiff the City of New York ("Plaintiff'), and Defendants Jefferson B. Sessions III and United States Department of Justice ("Defendants"), do HEREBY STIPULATE AND AGREE as follows: 1. This stipulation shall remain in effect for a period of 60 days from the date hereof, i.e., until October 13, 2018. On October 13, 2018, and every 30 days thereafter, this stipulation shall automatically be extended for a 30-day period (the "extension term"), except in the case that Defendants give notice to Plaintiff 14 days in advance of the end of an extension term that Defendants do not agree to renew the stipulation for the next extension term, thus ending the stipulation at the end of the then-operational extension term; 2. For the duration of this stipulation, Defendants shall not disburse, expend, or revert to the Treasury the Fiscal Year ("FY") 2017 Edward Byrne Memorial Justice Assistance Grant ("Byrne JAG") funds allocated to Plaintiff; and 3. This stipulation applies only to the parties that are currently before the Court in this litigation. No party that is not currently named as a party to this litigation shall be entitled to any rights or benefits whatsoever under this stipulation. (Signed by Judge Edgardo Ramos on 8/16/2018) (jwh) (Entered: 08/17/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
33

DECLARATION of Meryl Holt in Support re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1 - SNY DOJ-BJA FY 17 Byrne JAG Award Approval Letter, # 2 Exhibit 2 - SCT DOJ-BJA FY 17 Byrne JAG Award Approval Letter, # 3 Exhibit 3 - SNJ DOJ-BJA FY 17 Byrne JAG Award Approval Letter, # 4 Exhibit 4 - SRI DOJ-BJA FY 17 Byrne JAG Award Approval Letter, # 5 Exhibit 5 - SWA DOJ-BJA FY 17 Byrne JAG Award Approval Letter, # 6 Exhibit 6 - CMA DOJ-BJA FY 17 Byrne JAG Award Approval Letter, # 7 Exhibit 7 - CVA DOJ-BJA FY 17 Byrne JAG Award Approval Letter, # 8 Exhibit 8 - Index to DOJ-BJA Byrne JAG FY 2017 Admin. Record, # 9 Exhibit 9 - AR-00001 to AR-00375 of DOJ-BJA Byrne JAG FY 2017 Admin. Record, # 10 Exhibit 10 - AR-00376 to AR-00452 of DOJ-BJA Byrne JAG FY 2017 Admin. Record, # 11 Exhibit 11 - AR-00453 to AR-00484 of DOJ-BJA Byrne JAG FY 2017 Admin. Record, # 12 Exhibit 12 - AR-00485 to AR-00549 of DOJ-BJA Byrne JAG FY 2017 Admin. Record, # 13 Exhibit 13 - AR-00550 to AR-00593 of DOJ-BJA Byrne JAG FY 2017 Admin. Record, # 14 Exhibit 14 - AR-00594 to AR-00655 of DOJ-BJA Byrne JAG FY 2017 Admin. Record, # 15 Exhibit 15 - AR-00656 to AR-00726 of DOJ-BJA Byrne JAG FY 2017 Admin. Record, # 16 Exhibit 16 - AR-00727 to AR-00964 of DOJ-BJA Byrne JAG FY 2017 Admin. Record, # 17 Exhibit 17 - AR-00965 to AR-01037 of DOJ-BJA Byrne JAG FY 2017 Admin. Record, # 18 Exhibit 18 - Controlling Crime Through More Effective Law Enforcement, # 19 Exhibit 19 - Senate Report No. 90-1097 (1968), # 20 Exhibit 20 - Amendments to Title I (LEAA) of the Omnibus Crime Control and Safe Streets Act, # 21 Exhibit 21 (Part 1 of 4) - LEAA, General Briefing (Feb. 1977), # 22 Exhibit 21 (Part 2 of 4) - LEAA, General Briefing (Feb. 1977), # 23 Exhibit 21 (Part 3 of 4) - LEAA, General Briefing (Feb. 1977), # 24 Exhibit 21 (Part 4 of 4) - LEAA, General Briefing (Feb. 1977), # 25 Exhibit 22 - DOJ, Restructuring the Justice Depart's Program of Assistance to State and Local Govts., # 26 Exhibit 23 - Restructuring the Law Enforcement Assistance Admin., # 27 Exhibit 24 - 42 Fed. Reg. 45625 (Sept. 1977) (Excerpt), # 28 Exhibit 25 - Federal Assistance to State and Local Criminal Justice Agencies, # 29 Exhibit 26 (Part 1 of 3) - Law Enforcement Assistance Admin.: Guideline Manual, # 30 Exhibit 26 (Part 2 of 3) - Law Enforcement Assistance Admin.: Guideline Manual, # 31 Exhibit 26 (Part 3 of 3) - Law Enforcement Assistance Admin.: Guideline Manual, # 32 Exhibit 27 - Law Enforcement Assistance Reform, Hearings, # 33 Exhibit 28 - Office of Representative Peter W. Rodino, Press Release, # 34 Exhibit 29 - Justice System Improvement Act of 1979, # 35 Exhibit 30 - John K. Hudzik et al., Federal Aid to Criminal Justice, # 36 Exhibit 31 - Paul G. Dembling & Malcolm S. Mason, Essentials of Grant Law Practice, # 37 Exhibit 32 - DOC, Justice, and State, the Judiciary, and Related Agencies Appropriations for 2004, # 38 Exhibit 32.1 - 28 CFR 66.12 (2006), # 39 Exhibit 33 - DOJ-BJA Byrne JAG FY 2017 Local Solicitation, # 40 Exhibit 34 - FY 17 Byrne JAG Award Letter Recipients, attaching revised certifications files, # 41 Exhibit 35 - City of Chicago v. Sessions, 17-2991 ECF No. 128, # 42 Exhibit 36 - City of Chicago v. Sessions, 17-2991, ECF No. 134, # 43 Exhibit 37 - City of Chicago, No. 1:17-cv-5770, ECF No. 208, # 44 Exhibit 37.1 - City of Philadelphia v. Sessions, No. 17-cv-3894, ECF No. 121-2, # 45 Exhibit 38 - City of Philadelphia v. Sessions, No. 17-cv-3894, ECF No. 200, # 46 Exhibit 39 - City of Philadelphia v. Sessions, 17-cv-3894, ECF No. 228, # 47 Exhibit 40 - California ex rel. Becerra v. Sessions, No. 17-cv-4701, ECF No. 88, # 48 Exhibit 41 - City of San Francisco v. Sessions, No. 17-cv-4642, ECF No. 78, # 49 Exhibit 42 - United States v. California, No. 18-cv-00490, ECF No. 2-1, # 50 Exhibit 43 - United States v. California, 18-cv-490), ECF No. 193, # 51 Exhibit 44 - City of Evanston, 18-cv-4853 (N.D. Ill. Aug. 9 2018), ECF No. 23)(Holt, Meryl) (Entered: 08/18/2018)

1 Exhibit 1 - SNY DOJ-BJA FY 17 Byrne JAG Award Approval Letter

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2 Exhibit 2 - SCT DOJ-BJA FY 17 Byrne JAG Award Approval Letter

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3 Exhibit 3 - SNJ DOJ-BJA FY 17 Byrne JAG Award Approval Letter

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4 Exhibit 4 - SRI DOJ-BJA FY 17 Byrne JAG Award Approval Letter

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5 Exhibit 5 - SWA DOJ-BJA FY 17 Byrne JAG Award Approval Letter

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6 Exhibit 6 - CMA DOJ-BJA FY 17 Byrne JAG Award Approval Letter

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7 Exhibit 7 - CVA DOJ-BJA FY 17 Byrne JAG Award Approval Letter

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8 Exhibit 8 - Index to DOJ-BJA Byrne JAG FY 2017 Admin. Record

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9 Exhibit 9 - AR-00001 to AR-00375 of DOJ-BJA Byrne JAG FY 2017 Admin. Record

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10 Exhibit 10 - AR-00376 to AR-00452 of DOJ-BJA Byrne JAG FY 2017 Admin. Record

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11 Exhibit 11 - AR-00453 to AR-00484 of DOJ-BJA Byrne JAG FY 2017 Admin. Record

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12 Exhibit 12 - AR-00485 to AR-00549 of DOJ-BJA Byrne JAG FY 2017 Admin. Record

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13 Exhibit 13 - AR-00550 to AR-00593 of DOJ-BJA Byrne JAG FY 2017 Admin. Record

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14 Exhibit 14 - AR-00594 to AR-00655 of DOJ-BJA Byrne JAG FY 2017 Admin. Record

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15 Exhibit 15 - AR-00656 to AR-00726 of DOJ-BJA Byrne JAG FY 2017 Admin. Record

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16 Exhibit 16 - AR-00727 to AR-00964 of DOJ-BJA Byrne JAG FY 2017 Admin. Record

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17 Exhibit 17 - AR-00965 to AR-01037 of DOJ-BJA Byrne JAG FY 2017 Admin. Record

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18 Exhibit 18 - Controlling Crime Through More Effective Law Enforcement

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19 Exhibit 19 - Senate Report No. 90-1097 (1968)

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20 Exhibit 20 - Amendments to Title I (LEAA) of the Omnibus Crime Control and Safe

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21 Exhibit 21 (Part 1 of 4) - LEAA, General Briefing (Feb. 1977)

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22 Exhibit 21 (Part 2 of 4) - LEAA, General Briefing (Feb. 1977)

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23 Exhibit 21 (Part 3 of 4) - LEAA, General Briefing (Feb. 1977)

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24 Exhibit 21 (Part 4 of 4) - LEAA, General Briefing (Feb. 1977)

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25 Exhibit 22 - DOJ, Restructuring the Justice Depart's Program of Assistance

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26 Exhibit 23 - Restructuring the Law Enforcement Assistance Admin.

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27 Exhibit 24 - 42 Fed. Reg. 45625 (Sept. 1977) (Excerpt)

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28 Exhibit 25 - Federal Assistance to State and Local Criminal Justice Agencies

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29 Exhibit 26 (Part 1 of 3) - Law Enforcement Assistance Admin.: Guideline Manual

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30 Exhibit 26 (Part 2 of 3) - Law Enforcement Assistance Admin.: Guideline Manual

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31 Exhibit 26 (Part 3 of 3) - Law Enforcement Assistance Admin.: Guideline Manual

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32 Exhibit 27 - Law Enforcement Assistance Reform, Hearings

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33 Exhibit 28 - Office of Representative Peter W. Rodino, Press Release

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34 Exhibit 29 - Justice System Improvement Act of 1979

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35 Exhibit 30 - John K. Hudzik et al., Federal Aid to Criminal Justice

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36 Exhibit 31 - Paul G. Dembling & Malcolm S. Mason, Essentials of Grant Law Practi

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37 Exhibit 32 - DOC, Justice, and State, the Judiciary, and Related Agencies Approp

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38 Exhibit 32.1 - 28 CFR 66.12 (2006)

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39 Exhibit 33 - DOJ-BJA Byrne JAG FY 2017 Local Solicitation

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40 Exhibit 34 - FY 17 Byrne JAG Award Letter Recipients, attaching revised certific

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41 Exhibit 35 - City of Chicago v. Sessions, 17-2991 ECF No. 128

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42 Exhibit 36 - City of Chicago v. Sessions, 17-2991, ECF No. 134

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43 Exhibit 37 - City of Chicago, No. 1:17-cv-5770, ECF No. 208

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44 Exhibit 37.1 - City of Philadelphia v. Sessions, No. 17-cv-3894, ECF No. 121-2

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45 Exhibit 38 - City of Philadelphia v. Sessions, No. 17-cv-3894, ECF No. 200

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46 Exhibit 39 - City of Philadelphia v. Sessions, 17-cv-3894, ECF No. 228

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47 Exhibit 40 - California ex rel. Becerra v. Sessions, No. 17-cv-4701, ECF No. 88

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48 Exhibit 41 - City of San Francisco v. Sessions, No. 17-cv-4642, ECF No. 78

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49 Exhibit 42 - United States v. California, No. 18-cv-00490, ECF No. 2-1

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50 Exhibit 43 - United States v. California, 18-cv-490), ECF No. 193

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51 Exhibit 44 - City of Evanston, 18-cv-4853 (N.D. Ill. Aug. 9 2018), ECF No. 23

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Aug. 17, 2018

Aug. 17, 2018

PACER
25

DECLARATION of Michael Lawlor in Support re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Fishbein, Matthew) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

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PROPOSED ORDER. Document filed by The City of New York. Related Document Number: 21 . (Fishbein, Matthew) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
23

RULE 56.1 STATEMENT. Document filed by The City of New York. (Fishbein, Matthew) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

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MEMORANDUM OF LAW in Support re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment. / Memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment. Document filed by The City of New York. (Fishbein, Matthew) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
21

MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment. Document filed by The City of New York.(Fishbein, Matthew) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

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DECLARATION of Laura Negron in Support re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: # 1 Exhibit A - Sections 9-131, 14-154, # 2 Exhibit B - Section 4-210, # 3 Exhibit C - Ex. Order No. 124, # 4 Exhibit D - Section 8, # 5 Exhibit E - Section 23-1201-1205, # 6 Exhibit F - Ex. Order No. 34)(Holt, Meryl) (Entered: 08/18/2018)

1 Exhibit A - Sections 9-131, 14-154

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2 Exhibit B - Section 4-210

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3 Exhibit C - Ex. Order No. 124

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4 Exhibit D - Section 8

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5 Exhibit E - Section 23-1201-1205

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6 Exhibit F - Ex. Order No. 34

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Aug. 18, 2018

Aug. 18, 2018

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DECLARATION of Marcos Soler in Support re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: # 1 Exhibit A - 2016 Compliance Validation, # 2 Exhibit B - 10/11/17 Hanson Letter, # 3 Exhibit C - 10/27/17 Carter Response, # 4 Exhibit D - 1/24/18 Adler Letter, # 5 Exhibit E - 2/23/18 Carter Response)(Holt, Meryl) (Entered: 08/18/2018)

1 Exhibit A - 2016 Compliance Validation

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2 Exhibit B - 10/11/17 Hanson Letter

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3 Exhibit C - 10/27/17 Carter Response

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4 Exhibit D - 1/24/18 Adler Letter

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5 Exhibit E - 2/23/18 Carter Response

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Aug. 18, 2018

Aug. 18, 2018

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DECLARATION of Daniel J. Bennett in Support re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Fishbein, Matthew) (Entered: 08/18/2018)

Aug. 18, 2018

Aug. 18, 2018

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DECLARATION of Adrian Diaz in Support re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: # 1 Exhibit A - Complaint)(Holt, Meryl) (Entered: 08/18/2018)

1 Exhibit A - Complaint

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Aug. 18, 2018

Aug. 18, 2018

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DECLARATION of Mary Travis Bassett in Support re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: # 1 Exhibit : Bassett CV)(Fishbein, Matthew) (Entered: 08/18/2018)

1 Exhibit : Bassett CV

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Aug. 18, 2018

Aug. 18, 2018

RECAP
37

DECLARATION of Kim Y. Royster in Support re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Fishbein, Matthew) (Entered: 08/18/2018)

Aug. 18, 2018

Aug. 18, 2018

RECAP
36

DECLARATION of Michael Charles Green in Support re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1 - State NY 2017 Award Letter, # 2 Exhibit 2 - NYS DCJS App.)(Holt, Meryl) (Entered: 08/18/2018)

1 Exhibit 1 - State NY 2017 Award Letter

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2 Exhibit 2 - NYS DCJS App.

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Aug. 18, 2018

Aug. 18, 2018

RECAP
35

DECLARATION of Candice Cho in Support re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: # 1 Exhibit Order No. 34, # 2 Exhibit Order No. 41, # 3 Exhibit Section 10-178)(Fishbein, Matthew) (Entered: 08/18/2018)

1 Exhibit Order No. 34

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2 Exhibit Order No. 41

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3 Exhibit Section 10-178

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Aug. 18, 2018

Aug. 18, 2018

RECAP
34

DECLARATION of Diane Klontz in Support re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: # 1 Exhibit Washington JAG App, # 2 Exhibit Washington JAG Award)(Fishbein, Matthew) (Entered: 08/18/2018)

1 Exhibit Washington JAG App

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2 Exhibit Washington JAG Award

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Aug. 18, 2018

Aug. 18, 2018

PACER
32

DECLARATION of Mayor Lovely A. Warren in Support re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: # 1 Exhibit Rochester Resolution)(Fishbein, Matthew) (Entered: 08/18/2018)

1 Exhibit Rochester Resolution

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Aug. 18, 2018

Aug. 18, 2018

PACER
31

DECLARATION of Chia-Chia Wang in Support re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Fishbein, Matthew) (Entered: 08/18/2018)

Aug. 18, 2018

Aug. 18, 2018

RECAP
30

DECLARATION of Jennifer E. Fradel in Support re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: # 1 Exhibit Middlesex)(Fishbein, Matthew) (Entered: 08/18/2018)

1 Exhibit Middlesex

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Aug. 18, 2018

Aug. 18, 2018

PACER
29

DECLARATION of William G. Kelly, Jr. in Support re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: # 1 Exhibit Albany Executive Order, # 2 Exhibit Hanson Letter, # 3 Exhibit 12/7/17 Sheehan Response, # 4 Exhibit Adler Letter, # 5 Exhibit 5 (A-C) Sheehan Response, # 6 Exhibit 5D- Sheehan Response, # 7 Exhibit 5E- Sheehan Response)(Fishbein, Matthew) (Entered: 08/18/2018)

1 Exhibit Albany Executive Order

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2 Exhibit Hanson Letter

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3 Exhibit 12/7/17 Sheehan Response

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4 Exhibit Adler Letter

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5 Exhibit 5 (A-C) Sheehan Response

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6 Exhibit 5D- Sheehan Response

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7 Exhibit 5E- Sheehan Response

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Aug. 18, 2018

Aug. 18, 2018

PACER
28

DECLARATION of Richard Torrance in Support re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: # 1 Exhibit A- Theodore Article)(Fishbein, Matthew) (Entered: 08/18/2018)

1 Exhibit A- Theodore Article

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Aug. 18, 2018

Aug. 18, 2018

PACER
27

DECLARATION of Shannon Dion in Support re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Fishbein, Matthew) (Entered: 08/18/2018)

Aug. 18, 2018

Aug. 18, 2018

PACER
26

AFFIRMATION of Michael J. Hogan in Support re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Fishbein, Matthew) (Entered: 08/18/2018)

Aug. 18, 2018

Aug. 18, 2018

PACER

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 24 Proposed Order was reviewed and approved as to form. (km)

Aug. 20, 2018

Aug. 20, 2018

PACER
44

AFFIDAVIT OF SERVICE of Summons and Amended Complaint, Complaint served. Service was accepted by Haojun Li. Document filed by The City of New York. (Fishbein, Matthew) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
43

AFFIDAVIT OF SERVICE of Summons and Amended Complaint, Complaint served. Service was accepted by Haojun Li. Document filed by The City of New York. (Fishbein, Matthew) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
45

MOTION for Leave to File Amici Curiae Brief of Members of Congress. Document filed by Jerrold Nadler, Yvette D. Clarke, Joseph Crowley, Eliot L. Engel, Adriano Espaillat, Brian Higgins, Hakeem Jeffries, Nita Lowey, Carolyn Maloney, Sean Patrick Maloney, Gregory W. Meeks, Grace Meng, Kathleen M. Rice, Jose Serrano, Paul D. Tonko, Nydia M. Velazquez. (Attachments: # 1 Motion for Leave To File, # 2 Exhibit Proposed Amici Curiae Brief, # 3 Text of Proposed Order)(Gans, David) (Entered: 08/24/2018)

1 Motion for Leave To File

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2 Exhibit Proposed Amici Curiae Brief

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3 Text of Proposed Order

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Aug. 24, 2018

Aug. 24, 2018

PACER
46

MEMO ENDORSEMENT on re: (78 in 1:18-cv-06471-ER) MOTION for Leave to File Amici Curiae Brief; (45 in 1:18-cv-06474-ER) MOTION for Leave to File Amici Curiae Brief. ENDORSEMENT: Defendants are directed to respond by August 30, 2018. (Set Deadlines/Hearing as to (78 in 1:18-cv-06471-ER) MOTION for Leave to File Amici Curiae Brief; (45 in 1:18-cv-06474-ER) MOTION for Leave to File Amici Curiae Brief: Responses due by 8/30/2018) (Signed by Judge Edgardo Ramos on 8/27/2018) (jwh) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

RECAP
49

MEMO ENDORSEMENT on re: (81 in 1:18-cv-06471-ER) Letter, filed by State of New Jersey, Commonwealth of Massachusetts, Commonwealth of Virginia, State of Rhode Island, State of New York, State Of Connecticut, State of Washington. ENDORSEMENT: The application is granted. ( Brief due by 9/24/2018.) (Signed by Judge Edgardo Ramos on 8/28/2018) (mro) (Entered: 08/29/2018)

Aug. 28, 2018

Aug. 28, 2018

PACER
48

ORDER granting 45 Letter Motion for Leave to File Document. Upon consideration of the motion of members of Congress for leave to file their proposed amici curiae brief in support of plaintiffs, it is hereby ORDERED that the motion is GRANTED. (Signed by Judge Edgardo Ramos on 8/28/2018) (mro) (Entered: 08/29/2018)

Aug. 28, 2018

Aug. 28, 2018

PACER
47

LETTER addressed to Judge Edgardo Ramos from Daniel Mauler dated August 28, 2018 re: Response to ECF No. 45. Document filed by Jefferson B. Sessions, III, United States Department of Justice.(Mauler, Daniel) (Entered: 08/28/2018)

Aug. 28, 2018

Aug. 28, 2018

PACER
53

DECLARATION of Tracey Trautman in Support re: 50 MOTION to Dismiss or alternatively, motion for partial summary judgment.. Document filed by Jefferson B. Sessions, III, United States Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mauler, Daniel) (Entered: 09/14/2018)

1 Exhibit A

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2 Exhibit B

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Sept. 14, 2018

Sept. 14, 2018

PACER
52

DECLARATION of Francisco Madrigal in Support re: 50 MOTION to Dismiss or alternatively, motion for partial summary judgment.. Document filed by Jefferson B. Sessions, III, United States Department of Justice. (Mauler, Daniel) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
51

MEMORANDUM OF LAW in Support re: 50 MOTION to Dismiss or alternatively, motion for partial summary judgment. Memorandum in Opposition to Plaintiff's Motion for Partial Summary Judgment (ECF No. 21). Document filed by Jefferson B. Sessions, III, United States Department of Justice. (Attachments: # 1 Supplement Defendants' Response to Plaintiff LR 56.1 Statement, # 2 Supplement Defendants' LR 56.1 Statement of Undisputed Material Facts, # 3 Text of Proposed Order)(Mauler, Daniel) (Entered: 09/14/2018)

1 Supplement Defendants' Response to Plaintiff LR 56.1 Statement

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2 Supplement Defendants' LR 56.1 Statement of Undisputed Material Facts

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3 Text of Proposed Order

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Sept. 14, 2018

Sept. 14, 2018

PACER
50

MOTION to Dismiss or alternatively, motion for partial summary judgment. Document filed by Jefferson B. Sessions, III, United States Department of Justice.(Mauler, Daniel) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
54

NOTICE OF APPEARANCE by Dana Rehnquist on behalf of The City of New York. (Rehnquist, Dana) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

PACER
58

DECLARATION of Meryl Holt in Support re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment.. Document filed by The City of New York. (Attachments: # 1 Exhibit 45 - Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2018 State Solicitation, # 2 Exhibit 46 - OJJDP FY 2018 Title II Formula Grants Program Solicitation, # 3 Exhibit 47 - Evanston v. Sessions, No. 1:18-cv-04853, ECF 23, Order, # 4 Exhibit 48 - U.S. Conference of Mayors v. Sessions, 18-2734, ECF 13, Order, # 5 Exhibit 49 - City of Los Angeles v. Sessions, No. 2:17-cv-07215-R-JC, ECF 94, Order, # 6 Exhibit 50 - Memorandum from Dep't of Justice to General Counsel (May 18, 1999), # 7 Exhibit 51 - DOJ OJP Part 200 Uniform Requirements, # 8 Exhibit 52 - Spreadsheet drafted by counsel summarizing special conditions)(Holt, Meryl) (Entered: 09/26/2018)

1 Exhibit 45 - Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 201

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2 Exhibit 46 - OJJDP FY 2018 Title II Formula Grants Program Solicitation

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3 Exhibit 47 - Evanston v. Sessions, No. 1:18-cv-04853, ECF 23, Order

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4 Exhibit 48 - U.S. Conference of Mayors v. Sessions, 18-2734, ECF 13, Order

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5 Exhibit 49 - City of Los Angeles v. Sessions, No. 2:17-cv-07215-R-JC, ECF 94, Or

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6 Exhibit 50 - Memorandum from Dep't of Justice to General Counsel (May 18, 1

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7 Exhibit 51 - DOJ OJP Part 200 Uniform Requirements

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8 Exhibit 52 - Spreadsheet drafted by counsel summarizing special conditions

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Sept. 26, 2018

Sept. 26, 2018

PACER
57

RESPONSE re: 51 Memorandum of Law in Support of Motion,, //Plaintiffs' Responses to Defendants' Local Rule 56.1 Statement of Undisputed Material Facts. Document filed by The City of New York. (Fishbein, Matthew) (Entered: 09/26/2018)

Sept. 26, 2018

Sept. 26, 2018

PACER
56

REPLY MEMORANDUM OF LAW in Support re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment. / Plaintiffs' Reply Memorandum in Support of Plaintiffs' Motion for Partial Summary Judgment and in Opposition to Defendants' Motion to Dismiss, or Alternatively, Motion for Summary Judgment. Document filed by The City of New York. (Fishbein, Matthew) (Entered: 09/26/2018)

Sept. 26, 2018

Sept. 26, 2018

PACER
55

PROPOSED STIPULATION AND ORDER. Document filed by The City of New York. (Fishbein, Matthew) (Entered: 09/26/2018)

Sept. 26, 2018

Sept. 26, 2018

PACER
59

CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Edgardo Ramos from Daniel Mauler dated October 3, 2018. Document filed by Jefferson B. Sessions, III, United States Department of Justice.(Mauler, Daniel) (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

PACER
60

ORDER granting 59 Letter Motion for Leave to File Excess Pages. The application is granted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo) (Entered: 10/04/2018)

Oct. 4, 2018

Oct. 4, 2018

PACER
61

NOTICE OF APPEARANCE by Sabita Lakshmi Krishnan on behalf of The City of New York. (Krishnan, Sabita) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

PACER
62

REPLY to Response to Motion re: 50 MOTION to Dismiss or alternatively, motion for partial summary judgment. . Document filed by Jefferson B. Sessions, III, United States Department of Justice. (Mauler, Daniel) (Entered: 10/08/2018)

Oct. 8, 2018

Oct. 8, 2018

PACER
63

NOTICE of supplemental authority. Document filed by The City of New York. (Attachments: # 1 Exhibit A - 10-5-18 San Francisco - California - Byrne - Opinion)(Holt, Meryl) (Entered: 10/10/2018)

1 Exhibit A - 10-5-18 San Francisco - California - Byrne - Opinion

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Oct. 10, 2018

Oct. 10, 2018

PACER
64

ORDER: The Clerk of the Court is unable to copy all of these documents as requested. However, the Court will re-file its own entries and documents so that they appear on the docket of both actions. As to the remaining documents, the parties and amici in No. 18 Civ. 6471 are directed to re-file their respective documents in No. 18 Civ. 6474. (Signed by Judge Edgardo Ramos on 10/15/2018) (jwh) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
66

MEMO ENDORSEMENT on re: 65 Letter filed by The City of New York. ENDORSEMENT: Defendants are directed to respond by the close of business on October 26, 2018. (Signed by Judge Edgardo Ramos on 10/23/2018) (jwh) (Entered: 10/23/2018)

Oct. 23, 2018

Oct. 23, 2018

PACER
65

LETTER addressed to Judge Edgardo Ramos from Matthew E. Fishbein dated October 23, 2018 re: notice of change in facts. Document filed by The City of New York.(Fishbein, Matthew) (Entered: 10/23/2018)

Oct. 23, 2018

Oct. 23, 2018

PACER
71

BRIEF of Amici Curiae. Document filed by ACLU Foundation, et al..(Jadwat, Omar) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

PACER
70

LETTER addressed to Judge Edgardo Ramos from Lourdes Rosado dated 10/24/2018 re: Oral argument. Document filed by State of New York.(Attie, Jessica) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

PACER
69

LETTER addressed to Judge Edgardo Ramos from Jessica Attie dated 8/28/2018 re: Filing of amicus briefs. Document filed by State of New York.(Attie, Jessica) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

PACER
68

LETTER addressed to Judge Edgardo Ramos from Jessica Attie dated 8/10/2018 re: Proposed briefing schedule for motion for summary judgment/motion to dismiss. Document filed by State of New York.(Attie, Jessica) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

PACER
67

LETTER MOTION for Conference addressed to Judge Edgardo Ramos from Jessica Attie dated 07/26/2018. Document filed by State of New York.(Attie, Jessica) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

PACER
73

LETTER addressed to Judge Edgardo Ramos from Daniel Mauler dated July 31, 2018 re: Copy of letter filed in related case (1:18-cv-6471), per Court's Order. Document filed by Jefferson B. Sessions, III, United States Department of Justice.(Mauler, Daniel) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
72

LETTER addressed to Judge Edgardo Ramos from Daniel Mauler dated October 26, 2018 re: Response to ECF No. 65. Document filed by Jefferson B. Sessions, III, United States Department of Justice.(Mauler, Daniel) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
74

LETTER addressed to Judge Edgardo Ramos from Daniel Mauler dated October 31, 2018 re: Update on Available Dates for Oral Argument. Document filed by Jefferson B. Sessions, III, United States Department of Justice.(Mauler, Daniel) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
76

MEMO ENDORSEMENT on re: (107 in 1:18-cv-06471-ER) Letter filed by Jefferson B. Sessions III, United States Department of Justice, (74 in 1:18-cv-06474-ER) Letter filed by United States Department of Justice, Jefferson B. Sessions, III. ENDORSEMENT: Oral Argument will be held on November 16, 2018, at 2:30 p.m. SO ORDERED. (Oral Argument set for 11/16/2018 at 02:30 PM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 11/1/2018) (jca) (Entered: 11/01/2018)

Nov. 1, 2018

Nov. 1, 2018

PACER
75

NOTICE OF APPEARANCE by Nancy Milagros Trasande on behalf of State of New York. (Trasande, Nancy) (Entered: 11/01/2018)

Nov. 1, 2018

Nov. 1, 2018

PACER
78

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/2/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
77

TRANSCRIPT of Proceedings re: conference held on 8/2/2018 before Judge Edgardo Ramos. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/29/2018. Redacted Transcript Deadline set for 12/10/2018. Release of Transcript Restriction set for 2/6/2019.(McGuirk, Kelly) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
79

NOTICE of Withdrawal of Attorney Jessica Attie. Document filed by State of New York. (Trasande, Nancy) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
80

MEMO ENDORSEMENT on re: (111 in 1:18-cv-06471-ER) Letter. ENDORSEMENT: The application is granted. (Signed by Judge Edgardo Ramos on 11/14/2018) (jwh) (Entered: 11/15/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
81

OPINION AND ORDER re: 21 MOTION for Summary Judgment / Notice of Motion for Partial Summary Judgment; 50 MOTION to Dismiss or alternatively, motion for partial summary judgment: Plaintiffs' motion for partial summary judgment is GRANTED, and Defendants' motion for partial summary judgment or in the alternative to dismiss is DENIED. Specifically, the Court hereby ORDERS as follows: 1. The Notice, Access, and Compliance Conditions are ultra vires and not in accordance with law under the APA. Summary judgment is GRANTED to the States on their Counts II and III and to the City on its Count II. 2. 8 U.S.C. § 1373(a)(b), insofar as it applies to states and localities, is facially unconstitutional under the anticommandeering doctrine of the Tenth Amendment. Summary judgment is GRANTED to the States on their Count V and to the City on its Counts V and XI. 3. The Notice, Access, and Compliance Conditions violate the constitutional separation of powers. Summary judgment is GRANTED to the States on their Count I and to the City on its Count I. The motions for summary judgment with respect to the City's Count IV (violation of the Spending Clause) are DENIED as moot. 4. The Notice, Access, and Compliance Conditions are arbitrary and capricious under the APA. Summary judgment is GRANTED to the States on their Count IV and to the City on its Count III. 5. Defendants are MANDATED to reissue the States' FY 2017 Byrne JAG award documents without the Notice, Access, or Compliance Conditions, and upon acceptance, to disburse those awards as they would in the ordinary course without regard to those conditions. 6. Defendants are ENJOINED from imposing or enforcing the Notice, Access, or Compliance Conditions for FY 2017 Byrne JAG funding for the States, the City, or any of their agencies or political subdivisions. The Clerk of the Court is respectfully directed to terminate the motions, Docs. 56 and 88 in No. 18 Civ. 6471, and Docs. 21 and 50 in No. 18 Civ. 6474, and to update the docket as noted in the caption. (Matthew G. Whitaker added. Jefferson B. Sessions, III (in his official capacity as Attorney General of the United States of America) terminated.) (Signed by Judge Edgardo Ramos on 11/30/2018) (jwh) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

RECAP
82

LETTER MOTION for Conference regarding motion for modification of November 30, 2018 Order addressed to Judge Edgardo Ramos from Daniel Mauler dated December 19, 2018. Document filed by United States Department of Justice, Matthew G. Whitaker.(Mauler, Daniel) (Entered: 12/19/2018)

Dec. 19, 2018

Dec. 19, 2018

PACER
83

ORDER entered 82 Motion for Conference. Plaintiff is directed to respond by Friday, December 28, 2018. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER

Order on Motion for Conference

Dec. 20, 2018

Dec. 20, 2018

PACER
85

LETTER addressed to Judge Edgardo Ramos from Dana Rehnquist dated December 28, 2018 re: Enclosed Letter from Lourdes M. Rosado to Judge Ramos on behalf of Plaintiffs and in Response to Defendants' Request for a Pre-Motion Conference Regarding a Motion for Modification of the Court's Order of November 30, 2018. Document filed by The City of New York. (Attachments: # 1 Letter from Lourdes M. Rosado to Judge Ramos in Response to Defendants' Request for a Pre-Motion Conference Regarding a Motion for Modification of the Court's Order of November 30, 2018)(Rehnquist, Dana) (Entered: 12/28/2018)

1 Letter from Lourdes M. Rosado to Judge Ramos in Response to Defendants' Re

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Dec. 28, 2018

Dec. 28, 2018

PACER
84

MEMO ENDORSEMENT on re: (119 in 1:18-cv-06471-ER) Response to Motion, filed by State of New Jersey, Commonwealth of Massachusetts, Commonwealth of Virginia, State of Rhode Island, State of New York, State Of Connecticut, State of Washington. ENDORSEMENT: Defendants are directed to respond by Wednesday, January 2, 2019. SO ORDERED. (Responses due by 1/2/2019) (Signed by Judge Edgardo Ramos on 12/28/2018) (jca) (Entered: 12/28/2018)

Dec. 28, 2018

Dec. 28, 2018

PACER
86

LETTER addressed to Judge Edgardo Ramos from Daniel Mauler dated January 2, 2019 re: Government's Response to ECF No. 85. Document filed by United States Department of Justice, Matthew G. Whitaker.(Mauler, Daniel) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
87

ORDER terminating 82 Letter Motion for Conference. Accordingly, Paragraph 5 of the "Conclusion" section of the Court's Opinion and Order is hereby modified to read as follows: "Defendants are MANDATED to issue the States' FY 2017 Byrne JAG award documents, and upon acceptance by those jurisdictions, to disburse those awards as they would in the ordinary course but without regard to the Notice, Access, or Compliance Conditions. Acceptance of the FY 2017 awards shall not be construed as acceptance of the enjoined conditions." Upon restoration of appropriations to the Department of Justice and Plaintiffs' acceptance of the award documents, Defendants are directed to inform Plaintiffs of the expected timing of the disbursement of their FY 2017 Byrne JAG funds. The Court expects that, upon the occurrence of these events, Defendants will disburse the funds without further delay. The Clerk of Court is respectfully directed to terminate the motions, Doc. 117 in No. 18civ.6471, and Doc. 82 in No. 18Civ6474. SO ORDERED. (Signed by Judge Edgardo Ramos on 1/4/2019) (kv) (Entered: 01/04/2019)

Jan. 4, 2019

Jan. 4, 2019

PACER
89

LETTER addressed to Judge Edgardo Ramos from Matthew Fishbein dated January 9, 2019 re: Request for Withdrawal. Document filed by The City of New York.(Fishbein, Matthew) (Entered: 01/09/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 18, 2018

Closing Date: May 3, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The City of New York

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Justice, Federal

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Issues

General:

Record-keeping

Records Disclosure

Discrimination-basis:

Immigration status

Type of Facility:

Government-run

Immigration/Border:

Deportation - procedure

Detention - procedures

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation