Case: PEN American Center. v. Trump

1:18-cv-09433 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 16, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 16, 2018, PEN America, Inc. brought this lawsuit against President Donald Trump in the U.S. District Court for the Southern District of New York. The plaintiff, an organization representing writers and literary professionals, sued under 28 U.S.C. § 2201(a) alleging that the President used his power against media and press to violate the First Amendment freedom of speech and the press. PEN America was represented by the Media Freedom and Information Access Clinic at Yale Law School an…

On October 16, 2018, PEN America, Inc. brought this lawsuit against President Donald Trump in the U.S. District Court for the Southern District of New York. The plaintiff, an organization representing writers and literary professionals, sued under 28 U.S.C. § 2201(a) alleging that the President used his power against media and press to violate the First Amendment freedom of speech and the press. PEN America was represented by the Media Freedom and Information Access Clinic at Yale Law School and Protect Democracy. The case was assigned to Judge Lorna G. Schofield.

The complaint alleged that President Trump used, or threatened to use, the regulatory and enforcement powers of government to punish the speech of journalists in at least four ways: initiating a government review to raise postal rates to punish the owner of the Washington Post; directing DOJ enforcement actions against media companies, including CNN’s parent company; interfering with press access to the White House; and threatening to revoke broadcast licenses. Further, it alleged that President Trump expressed his animus toward media entities for their coverage of him and then threatened government retaliation. PEN America sought declaratory and injunctive relief.

In its amended complaint of February 6, 2019, PEN America included allegations related to the President’s threatened and actual revocations of security clearances of media commentators and White House press credentials, including those of PEN America member and CNN reporter Jim Acosta.

On April 10, 2019, President Trump sought to dismiss the complaint, claiming that PEN America lacked standing to bring claims on behalf of its members and on its own behalf, and that it failed to state a plausible claim for relief. He also claimed that prospective relief could not be implemented, as “the Supreme Court has repeatedly held that such injunctive relief [i.e. a district court injunction against the President of the United States] would be 'extraordinary' and beyond the power of the federal courts.”

On March 24, 2020, the court granted in part the motion to dismiss for lack of subject matter jurisdiction, and denied the motion to dismiss for failure to state a claim. On the remaining claims, the court granted declaratory relief but found injunctive relief improper. 2020 WL 1434573.

As of June 29, 2020, discovery has been stayed until at least July 6.

Summary Authors

Abigail DeHart (2/12/2019)

Bogyung Lim (6/9/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8033864/parties/pen-american-center-inc-v-trump/


Judge(s)

Schofield, Lorna Gail (New York)

Attorneys(s) for Plaintiff

Bassin, Ian M. (New York)

Florence, Justin (District of Columbia)

Hirsch, Steven (California)

Kelly, Chelsea (New York)

Langford, John (Connecticut)

London, Ronald G (District of Columbia)

Murphy, Allison F. (District of Columbia)

Parker, Kristy (District of Columbia)

Procaccini, Francesca Lina (Connecticut)

Judge(s)

Schofield, Lorna Gail (New York)

Attorneys(s) for Plaintiff

Bassin, Ian M. (New York)

Florence, Justin (District of Columbia)

Hirsch, Steven (California)

Kelly, Chelsea (New York)

Langford, John (Connecticut)

London, Ronald G (District of Columbia)

Murphy, Allison F. (District of Columbia)

Parker, Kristy (District of Columbia)

Procaccini, Francesca Lina (Connecticut)

Revere, Robert Corn (District of Columbia)

Schulz, David A (New York)

Schwartztol, Laurence Michael (New York)

Attorneys(s) for Defendant

Kochevar, Steven J. (New York)

Other Attorney(s)

Carome, Patrick J. (District of Columbia)

Eaton, Mary Jane (New York)

Ebersole, Joshua Timothy (New York)

Powell, Wesley Railey (New York)

Schoenfeld, Alan E. (New York)

Schwed, Richard Franklin (New York)

Simson, Emma (District of Columbia)

Wolfson, Paul Reinherz (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Pen American Center v. Trump

June 2, 2020 Docket
1

Complaint for Declaratory and Injunctive Relief

PEN v. Trump

Oct. 16, 2018 Complaint
22

Friend of the Court/Amicus Brief

PEN v. Trump

Dec. 12, 2018 Pleading / Motion / Brief
38

Amended Complaint for Declaratory and Injunctive Relief

PEN v. Trump

Feb. 6, 2019 Complaint
76

Opinion and Order

Pen American Center v. Trump

448 F.Supp.3d 309, 2020 WL 1434573

March 24, 2020 Order/Opinion

Resources

Title Description External URL

Pen America v. Trump

Jennifer Egan and Suzanne Nossel

Today PEN America, represented by the nonpartisan nonprofit Protect Democracy and the Yale Law School Media Freedom and Information Access Clinic, filed a lawsuit in federal court against the preside… Oct. 16, 2018 https://pen.org/pen-america-v-trump/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8033864/pen-american-center-inc-v-trump/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against Donald J. Trump. (Filing Fee $ 400.00, Receipt Number ANYSDC-15752008)Document filed by Pen American Center, Inc..(Parker, Kristy) (Entered: 10/16/2018)

Oct. 16, 2018 RECAP
2

CIVIL COVER SHEET filed. (Parker, Kristy) (Entered: 10/16/2018)

Oct. 16, 2018 RECAP
3

REQUEST FOR ISSUANCE OF SUMMONS as to Donald J. Trump, re: 1 Complaint. Document filed by Pen American Center, Inc.. (Parker, Kristy) (Entered: 10/16/2018)

Oct. 16, 2018 RECAP
4

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pen American Center, Inc..(Parker, Kristy) (Entered: 10/16/2018)

Oct. 16, 2018 RECAP
5

MOTION for Kristy Parker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15752269. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pen American Center, Inc.. (Attachments: # 1 Declaration in Support of Motion, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Parker, Kristy) (Entered: 10/16/2018)

1 Declaration in Support of Motion

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2 Certificate of Good Standing

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3 Text of Proposed Order

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Oct. 16, 2018 RECAP

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 5 MOTION for Kristy Parker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15752269. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Oct. 16, 2018 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 5 MOTION for Kristy Parker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15752269. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)

Oct. 16, 2018 PACER
6

NOTICE OF APPEARANCE by John Langford on behalf of Pen American Center, Inc.. (Langford, John) (Entered: 10/16/2018)

Oct. 16, 2018 RECAP
7

NOTICE OF APPEARANCE by David A. Schulz on behalf of Pen American Center, Inc.. (Schulz, David) (Entered: 10/16/2018)

Oct. 16, 2018 RECAP

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (pne)

Oct. 17, 2018 PACER

Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (pne)

Oct. 17, 2018 PACER

Case Designated ECF. (pne)

Oct. 17, 2018 PACER
8

ORDER granting 5 Motion for Kristy Parker to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) (Entered: 10/17/2018)

Oct. 17, 2018 PACER

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kristy Parker. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question). The following correction has been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant). (pne)

Oct. 17, 2018 PACER
9

ELECTRONIC SUMMONS ISSUED as to Donald J. Trump. (pne) (Entered: 10/17/2018)

Oct. 17, 2018 RECAP
10

NOTICE OF APPEARANCE by Steven Arthur Hirsch on behalf of Pen American Center, Inc.. (Hirsch, Steven) (Entered: 10/25/2018)

Oct. 25, 2018 RECAP
11

NOTICE OF APPEARANCE by Ian Michael Bassin on behalf of Pen American Center, Inc.. (Bassin, Ian) (Entered: 10/25/2018)

Oct. 25, 2018 RECAP
12

ORDER: Initial Conference set for 12/11/2018 at 10:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 10/25/2018) (cf) (Entered: 10/25/2018)

Oct. 25, 2018 RECAP
13

AFFIDAVIT OF SERVICE of Summons and Complaint served. Donald J. Trump served on 10/23/2018, answer due 12/24/2018. Service was made by Mail. Document filed by Pen American Center, Inc.. (Attachments: # 1 USPS Receipts & Delivery Confirmations)(Parker, Kristy) (Entered: 10/30/2018)

1 USPS Receipts & Delivery Confirmations

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Oct. 30, 2018 RECAP
14

NOTICE OF APPEARANCE by Laurence Michael Schwartztol on behalf of Pen American Center, Inc.. (Schwartztol, Laurence) (Entered: 10/30/2018)

Oct. 30, 2018 RECAP
15

NOTICE OF APPEARANCE by Steven John Kochevar on behalf of Donald J. Trump. (Kochevar, Steven) (Entered: 11/13/2018)

Nov. 13, 2018 RECAP
16

NOTICE of Service of Order re: 12 Order for Initial Pretrial Conference,. Document filed by Pen American Center, Inc.. (Attachments: # 1 USPS Receipts and Delivery Confirmations)(Parker, Kristy) (Entered: 11/20/2018)

1 USPS Receipts and Delivery Confirmations

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Nov. 20, 2018 RECAP
17

CONSENT LETTER MOTION to Adjourn Conference to January 7, 2019 or thereafter addressed to Judge Lorna G. Schofield from Kristy Parker dated November 20, 2018. Document filed by Pen American Center, Inc..(Parker, Kristy) (Entered: 11/20/2018)

Nov. 20, 2018 RECAP
18

MEMO ENDORSEMENT re 17 Motion to Adjourn Conference: Plaintiff shall file a letter by November 27, 2018, stating why the parties seek to adjourn the initial pretrial conference. (Signed by Judge Lorna G. Schofield on 11/20/2018) (jcs) (Entered: 11/20/2018)

Nov. 20, 2018 RECAP
19

ORDER with respect to 17 Letter Motion to Adjourn Conference. By November 27, 2018, Plaintiff shall file a letter stating the reason(s) for the requested adjournment. SO ORDERED. (Signed by Judge Lorna G. Schofield on 11/21/2018) (rj) (Entered: 11/26/2018)

Nov. 21, 2018 RECAP

***DELETED DOCUMENT. Deleted document number 19 Order. The document was incorrectly filed in this case. (jcs)

Nov. 21, 2018 PACER
20

LETTER addressed to Judge Lorna G. Schofield from Kristy Parker dated November 26, 2018 re: Order 19 with respect to 17 Letter Motion to Adjourn Conference. Document filed by Pen American Center, Inc..(Parker, Kristy) (Entered: 11/26/2018)

Nov. 26, 2018 RECAP
21

MEMO ENDORSEMENT on re: 20 Letter filed by Pen American Center, Inc. ENDORSEMENT: Plaintiff's request to adjourn the initial pretrial conference is GRANTED. The initial pretrial conference is adjourned from December 11, 2018, to January 8, 2019, at 10:30 a.m. The parties are reminded to file their joint letter and proposed case management plan at least seven days before the initial pretrial conference. The Clerk of Court is respectfully directed to close the motion at Docket Number 17. (Initial Conference set for 1/8/2019 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 11/27/2018) (jca) (Entered: 11/27/2018)

Nov. 27, 2018 RECAP

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice Document No. 22 belonging to case 17-cv-6335 that was incorrectly filed on 11/30/18 in case 18-cv-9433 and assigned payment receipt number ANYSDC-15984262. The filing is deficient for the following reason(s): the motion was filed in the wrong case. (jc)

Nov. 30, 2018 PACER

***DELETED DOCUMENT. Deleted document number 22 Motion to Appear Pro Hac Vice. The document was incorrectly filed in this case. (db)

Nov. 30, 2018 PACER
22

FRIEND OF THE COURT/AMICUS BRIEF. Document filed byDavid Andrew Christenson, non-party. (sc) (Entered: 12/17/2018)

Dec. 12, 2018 RECAP
23

MEMO ENDORSEMENT on re: 22 Brief. ENDORSEMENT: The Court does not consider documents filed by non-parties without leave of the Court. The Clerk of Court is respectfully directed to mail a copy of this Order to Mr. David Andrew Christenson. SO ORDERED. (Signed by Judge Lorna G. Schofield on 12/19/2018) (ne) Transmission to Docket Assistant Clerk for processing. (Entered: 12/19/2018)

Dec. 19, 2018 RECAP

Mail Order by Certified Mail

Dec. 20, 2018 PACER

Mailed a copy of 22 Brief to David Andrew Christenson Box 9063 Miramar Beach, FL 32550. (vba)

Dec. 20, 2018 PACER
24

LETTER MOTION for Leave to File Motion to Dismiss Under Fed. R. Civ. P. 12(b) addressed to Judge Lorna G. Schofield from Steven J. Kochevar dated 12/20/2018. Document filed by Donald J. Trump.(Kochevar, Steven) (Entered: 12/20/2018)

Dec. 20, 2018 RECAP
25

LETTER MOTION for Conference on Defendant's Unopposed Motion to Stay Discovery addressed to Judge Lorna G. Schofield from Steven J. Kochevar dated 12/20/2018. Document filed by Donald J. Trump.(Kochevar, Steven) (Entered: 12/20/2018)

Dec. 20, 2018 RECAP
26

ORDER terminating 24 Letter Motion for Leave to File Document; terminating 25 Letter Motion for Conference. It is hereby ORDERED that the initial pretrial conference is adjourned from January 8, 2019, to February 12, 2019, at 10:30 a.m. Defendant's unopposed motion to stay discovery will be discussed at the conference. It is further ORDERED that Plaintiff shall file its Amended Complaint, if any, by January 18, 2019. If Defendant intends to move to dismiss the Amended Complaint, then Defendant shall file his pre-motion letter by January 29, 2019, Plaintiff shall file its response by February 5, 2019, and the motion will be discussed at the February 12, 2019, conference. The parties may (but need not) propose a new joint briefing schedule in their pre-motion letters. The Clerk of Court is respectfully directed to close the motions at Docket Numbers 17, 24, and 25. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 12/21/2018) (cf) (Entered: 12/21/2018)

Dec. 21, 2018 RECAP

Set/Reset Deadlines: (Motions due by 1/29/2019., Responses due by 2/5/2019), Set/Reset Hearings: (Initial Conference set for 2/12/2019 at 10:30 AM before Judge Lorna G. Schofield.) (cf)

Dec. 21, 2018 PACER
27

LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Kristy Parker dated December 21, 2018 re: 25 LETTER MOTION for Conference on Defendant's Unopposed Motion to Stay Discovery addressed to Judge Lorna G. Schofield from Steven J. Kochevar dated 12/20/2018. . Document filed by Pen American Center, Inc.. (Parker, Kristy) (Entered: 12/21/2018)

Dec. 21, 2018 RECAP
28

STANDING ORDER M10-468 The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (ks) (Entered: 01/02/2019)

Dec. 27, 2018 RECAP

Case Stayed (rro)

Dec. 27, 2018 PACER
29

LETTER addressed to Judge Lorna G. Schofield from David Christenson, dated 12/21/18 re: Nonparty David Christenson writes that the following (as indicated) is a perfect example of how the Federal Government continually criminally censors him in violation of the Constitution; that it is what this case is about and gives him standing and cause to join the case as CourtListener will not use his name etc. (sc) (Entered: 01/07/2019)

Jan. 2, 2019 RECAP
30

MOTION for Justin Florence to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16181463. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pen American Center, Inc.. (Attachments: # 1 Declaration in Support of Motion, # 2 Massachusetts Certificate of Good Standing, # 3 D.C. Certificate of Good Standing, # 4 Proposed Order)(Florence, Justin) (Entered: 01/12/2019)

1 Declaration in Support of Motion

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2 Massachusetts Certificate of Good Standing

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3 D.C. Certificate of Good Standing

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4 Proposed Order

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Jan. 12, 2019 RECAP

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 30 MOTION for Justin Florence to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16181463. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Jan. 14, 2019 PACER
31

NOTICE OF APPEARANCE by Robert Corn-Revere on behalf of Pen American Center, Inc.. (Corn-Revere, Robert) (Entered: 01/18/2019)

Jan. 18, 2019 PACER
32

NOTICE OF APPEARANCE by Ronald Gary London on behalf of Pen American Center, Inc.. (London, Ronald) (Entered: 01/18/2019)

Jan. 18, 2019 RECAP
33

MOTION FOR LEAVE TO FILE THIS MOTION TO JOIN. (Attachments: # 1 Proposed Motion). Document filed by David Christenson.(sc) (Entered: 01/22/2019)

1 Exhibit

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Jan. 18, 2019 RECAP
34

ORDER denying 33 Motion for Leave to File Document. WHEREAS, Mr. Christenson has submitted a motion to intervene (Dkt. No. 33); it is hereby ORDERED that the motion to intervene is denied because a basis for intervention has not been shown. (Signed by Judge Lorna G. Schofield on 1/28/2019) (cf) (Entered: 01/28/2019)

Jan. 28, 2019 RECAP
35

ORDER granting 17 CONSENT LETTER MOTION to Adjourn Conference to January 7, 2019 or thereafter. It is hereby ORDERED that the parties shall appear for an initial pretrial conference on February 26, 2019, at 11:00 a.m. The parties are reminded to file their joint letter and proposed case management plan at least seven days before the conference. It is further ORDERED that Plaintiff shall file its Amended Complaint, if any, by February 6, 2019. If Defendant intends to move to dismiss the Amended Complaint, then Defendant shall file his pre-motion letter by February 13, 2019, Plaintiff shall file its response by February 19, 2019. The motion will be discussed a February 26, 2019, conference. The parties may (but need not) propose a new joint briefing schedule in their pre-motion letters. The Clerk of Court is respectfully directed to close the motion at Docket Number 17. (Initial Conference set for 2/26/2019 at 11:00 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 1/30/2019) (jca) (Entered: 01/30/2019)

Jan. 30, 2019 RECAP

Set/Reset Deadlines: Amended Pleadings due by 2/6/2019. (jca)

Jan. 30, 2019 PACER
36

ORDER granting 30 Motion for Justin Florence to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) (Entered: 02/01/2019)

Feb. 1, 2019 PACER
37

CONSENT LETTER MOTION to Adjourn Conference to March 7 or March 8, 2019 addressed to Judge Lorna G. Schofield from Kristy Parker dated February 5, 2019. Document filed by Pen American Center, Inc..(Parker, Kristy) (Entered: 02/05/2019)

Feb. 5, 2019 RECAP
38

AMENDED COMPLAINT amending 1 Complaint against Donald J. Trump.Document filed by Pen American Center, Inc.. Related document: 1 Complaint.(Parker, Kristy) (Entered: 02/06/2019)

Feb. 6, 2019 RECAP
39

ORDER granting 37 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference is adjourned from February 26, 2019, to March 12, 2019, at 11:00 a.m. SO ORDERED. Initial Conference set for 3/12/2019 at 11:00 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 2/6/2019) (kv) (Entered: 02/06/2019)

Feb. 6, 2019 RECAP
40

LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Lorna G. Schofield from Steven J. Kochevar dated 02/12/2019. Document filed by Donald J. Trump.(Kochevar, Steven) (Entered: 02/12/2019)

Feb. 12, 2019 RECAP
41

LETTER addressed to Judge Lorna G. Schofield from Robert Corn-Revere dated 2/19/2019 re: opposition to defendant's letter motion for leave to file motion to dismiss. Document filed by Pen American Center, Inc..(Corn-Revere, Robert) (Entered: 02/19/2019)

Feb. 19, 2019 RECAP
42

NOTICE; re: that an Amended Motion to Join will be filed, correcting the defect and showing the basis to join or intervene. Document filed by David A. Christenson. (sc) (Entered: 02/21/2019)

Feb. 21, 2019 RECAP
43

JOINT LETTER addressed to Judge Lorna G. Schofield from Steven J. Kochevar dated 03/05/2019 re: Initial Conference and Proposed Case Management Plan and Scheduling Order. Document filed by Donald J. Trump. (Attachments: # 1 Text of Proposed Order - Proposed Civil Case Management Plan and Scheduling Order)(Kochevar, Steven) (Entered: 03/05/2019)

1 Text of Proposed Order - Proposed Civil Case Management Plan and Scheduling Orde

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March 5, 2019 RECAP
44

ORDER granting 40 Letter Motion for Leave to File Document. It is hereby ORDERED that the March 12, 2019, conference is cancelled. If the parties believe that a conference would nevertheless be useful, they should inform the Court immediately so the conference can be reinstated. It is further ORDERED that the parties' proposed briefing schedule for Defendant's contemplated motion to dismiss the Amended Complaint is adopted. Defendant shall file his motion to dismiss on or before April 11, 2019. Plaintiff shall file its opposition on or before May 10, 2019. Defendant shall file his reply on or before May 24, 2019. The parties are reminded to comply with the Court's Individual Rule III.B. It is further ORDERED that discovery is stayed pending the outcome of Defendant's motion to dismiss. The Clerk of Court is respectfully directed to close the motion at Docket Number 40. (Signed by Judge Lorna G. Schofield on 3/8/2019) (jca) (Entered: 03/08/2019)

March 8, 2019 RECAP

Set/Reset Deadlines: Motions due by 4/11/2019, Responses due by 5/10/2019, Replies due by 5/24/2019. (jca)

March 8, 2019 PACER
45

MOTION to Dismiss Plaintiff's Amended Complaint. Document filed by Donald J. Trump.(Kochevar, Steven) (Entered: 04/10/2019)

April 10, 2019 RECAP
46

MEMORANDUM OF LAW in Support re: 45 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Donald J. Trump. (Kochevar, Steven) (Entered: 04/10/2019)

April 10, 2019 RECAP
47

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY MEMORANDUM OF LAW in Opposition re: 45 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Pen American Center, Inc.. (Corn-Revere, Robert) Modified on 5/10/2019 (ldi). (Entered: 05/10/2019)

May 10, 2019 RECAP
48

MEMORANDUM OF LAW in Opposition re: 45 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Pen American Center, Inc.. (Corn-Revere, Robert) (Entered: 05/10/2019)

May 10, 2019 RECAP
49

Amicus Curiae APPEARANCE entered by Richard Franklin Schwed on behalf of Amici Curiae Tenured Professors.(Schwed, Richard) (Entered: 05/10/2019)

May 10, 2019 RECAP
50

MOTION for Leave to File Amicus Curiae Brief . Document filed by Amici Curiae Tenured Professors.(Schwed, Richard) (Entered: 05/10/2019)

May 10, 2019 RECAP
51

MEMORANDUM OF LAW in Support re: 50 MOTION for Leave to File Amicus Curiae Brief . . Document filed by Amici Curiae Tenured Professors. (Schwed, Richard) (Entered: 05/10/2019)

May 10, 2019 RECAP
52

DECLARATION of Richard Schwed in Support re: 50 MOTION for Leave to File Amicus Curiae Brief .. Document filed by Amici Curiae Tenured Professors. (Attachments: # 1 Exhibit A - Proposed Amicus Brief)(Schwed, Richard) (Entered: 05/10/2019)

1 Exhibit A - Proposed Amicus Brief

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May 10, 2019 RECAP
53

NOTICE OF APPEARANCE by Wesley Railey Powell on behalf of Erwin Chemerinsky, RonNell Andersen Jones, Heidi Kitrosser, Genevieve Lakier, Lyrissa Lidsky, Greg Magarian, Helen Norton, Jonathan Peters, Sonja West. (Powell, Wesley) (Entered: 05/10/2019)

May 10, 2019 RECAP
54

LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Wesley R. Powell dated May 10, 2019. Document filed by RonNell Andersen Jones, Erwin Chemerinsky, Heidi Kitrosser, Genevieve Lakier, Lyrissa Lidsky, Greg Magarian, Helen Norton, Jonathan Peters, Sonja West. (Attachments: # 1 Exhibit : Proposed Brief of Amici Curiae)(Powell, Wesley) (Entered: 05/10/2019)

1 Exhibit : Proposed Brief of Amici Curiae

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May 10, 2019 RECAP
55

NOTICE OF APPEARANCE by Joshua Timothy Ebersole on behalf of Amici Curiae Tenured Professors. (Ebersole, Joshua) (Entered: 05/13/2019)

May 13, 2019 RECAP
56

NOTICE OF APPEARANCE by Mary Jane Eaton on behalf of RonNell Andersen Jones, Erwin Chemerinsky, Heidi Kitrosser, Genevieve Lakier, Lyrissa Lidsky, Greg Magarian, Helen Norton, Jonathan Peters, Sonja West. (Eaton, Mary) (Entered: 05/14/2019)

May 14, 2019 RECAP
57

ORDER granting 50 Letter Motion for Leave to File Document; granting 54 Letter Motion for Conference. It is hereby ORDERED that both motions are GRANTED. The amici briefs at Dkt. Nos. 52-1 and 54-1 are deemed filed as of May 10, 2019. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 50 and 54. (Signed by Judge Lorna G. Schofield on 5/15/2019) (cf) (Entered: 05/15/2019)

May 15, 2019 RECAP

Set/Reset Deadlines: Brief due by 5/10/2019. (cf)

May 15, 2019 PACER
58

LETTER MOTION for Conference (Letter Motion Seeking Pre-Motion Conference for Leave to File Amicus Brief in Support of Plaintiff) addressed to Judge Lorna G. Schofield from Alan E. Schoenfeld dated May 17, 2019. Document filed by Reporters Committee for Freedom of the Press, THE AUTHORS GUILD INC., Freedom to Read Foundation, Inc., NATIONAL COALITION AGAINST CENSORSHIP, National Press Photographers Association, ONLINE NEWS ASSOCIATION, REPORTERS WITHOUT BORDERS, SOCIETY OF PROFESSIONAL JOURNALISTS. (Attachments: # 1 Proposed Amicus Brief)(Schoenfeld, Alan) (Entered: 05/17/2019)

1 Proposed Amicus Brief

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May 17, 2019 RECAP
59

MOTION for Paul RQ Wolfson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16909817. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Freedom to Read Foundation, Inc., NATIONAL COALITION AGAINST CENSORSHIP, National Press Photographers Association, ONLINE NEWS ASSOCIATION, REPORTERS WITHOUT BORDERS, Reporters Committee for Freedom of the Press, SOCIETY OF PROFESSIONAL JOURNALISTS, THE AUTHORS GUILD INC.. (Attachments: # 1 Declaration in Support, # 2 Certificate of Good Standing - DC, # 3 Text of Proposed Order)(Wolfson, Paul) (Entered: 05/17/2019)

1 Declaration in Support

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2 Certificate of Good Standing - DC

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3 Text of Proposed Order

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May 17, 2019 RECAP
60

MOTION for Patrick J. Carome to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16909981. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Freedom to Read Foundation, Inc., NATIONAL COALITION AGAINST CENSORSHIP, National Press Photographers Association, ONLINE NEWS ASSOCIATION, REPORTERS WITHOUT BORDERS, Reporters Committee for Freedom of the Press, SOCIETY OF PROFESSIONAL JOURNALISTS, THE AUTHORS GUILD INC.. (Attachments: # 1 Declaration in Support, # 2 Good Standing Certificate -MA, # 3 Good Standing Certificate -DC, # 4 Proposed Order)(Carome, Patrick) (Entered: 05/17/2019)

1 Declaration in Support

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2 Good Standing Certificate -MA

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3 Good Standing Certificate -DC

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4 Proposed Order

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May 17, 2019 RECAP

Notice Regarding Pro Hac Vice Motion

May 20, 2019 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 60 MOTION for Patrick J. Carome to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16909981. Motion and supporting papers to be reviewed by Clerk's Office staff., 59 MOTION for Paul RQ Wolfson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16909817. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

May 20, 2019 PACER
61

MOTION for Emma P. Simson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16916791. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Freedom to Read Foundation, Inc., NATIONAL COALITION AGAINST CENSORSHIP, National Press Photographers Association, ONLINE NEWS ASSOCIATION, REPORTERS WITHOUT BORDERS, Reporters Committee for Freedom of the Press, SOCIETY OF PROFESSIONAL JOURNALISTS, THE AUTHORS GUILD INC.. (Attachments: # 1 Declaration in Support, # 2 DC - Good Standing Certificate, # 3 Maryland - Good Standing Certificate, # 4 Text of Proposed Order)(Simson, Emma) (Entered: 05/20/2019)

1 Declaration in Support

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2 DC - Good Standing Certificate

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3 Maryland - Good Standing Certificate

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4 Text of Proposed Order

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May 20, 2019 RECAP

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 61 MOTION for Emma P. Simson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16916791. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

May 20, 2019 PACER
62

ORDER granting 58 Letter Motion for Conference. It is hereby ORDERED that the motion is GRANTED. The amici brief at Dkt. No. 58-1 is deemed filed as of May 17, 2019. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 58. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 5/20/2019) (cf) (Entered: 05/20/2019)

May 20, 2019 RECAP
63

ORDER granting 59 Motion for Paul RQ Wolfson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Lewis, Barton) (Entered: 05/23/2019)

May 23, 2019 PACER

Order on Motion to Appear Pro Hac Vice

May 23, 2019 PACER
64

ORDER granting 60 Motion for Patrick J. Carome to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Lewis, Barton) (Entered: 05/23/2019)

May 23, 2019 PACER
65

ORDER granting 61 Motion for Emma P. Simson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Lewis, Barton) (Entered: 05/23/2019)

May 23, 2019 PACER
66

REPLY MEMORANDUM OF LAW in Support re: 45 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Donald J. Trump. (Kochevar, Steven) (Entered: 05/23/2019)

May 23, 2019 RECAP
67

LETTER MOTION for Oral Argument on Defendant's Motion to Dismiss addressed to Judge Lorna G. Schofield from Kristy Parker dated May 23, 2019. Document filed by Pen American Center, Inc..(Parker, Kristy) (Entered: 05/23/2019)

May 23, 2019 RECAP
68

NOTICE of Supplemental Authority re: 48 Memorandum of Law in Opposition to Motion, 45 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by Pen American Center, Inc.. (Corn-Revere, Robert) (Entered: 07/11/2019)

July 11, 2019 RECAP
69

LETTER addressed to Judge Lorna G. Schofield from Steven J. Kochevar dated June 12, 2019 re: Supplemental Authority re: Defendant's Motion to Dismiss. Document filed by Donald J. Trump.(Kochevar, Steven) (Entered: 07/12/2019)

July 12, 2019 RECAP
70

NOTICE of Supplemental Authority re: 48 Memorandum of Law in Opposition to Motion. Document filed by Pen American Center, Inc.. (Corn-Revere, Robert) (Entered: 07/15/2019)

July 15, 2019 RECAP
71

MOTION for Francesca Lina Procaccini to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17419883. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pen American Center, Inc..(Procaccini, Francesca) (Entered: 08/13/2019)

Aug. 13, 2019 RECAP

Notice Regarding Pro Hac Vice Motion

Aug. 13, 2019 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 71 MOTION for Francesca Lina Procaccini to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17419883. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Aug. 13, 2019 PACER
72

NOTICE of Supplemental Authority re: 48 Memorandum of Law in Opposition to Motion. Document filed by Pen American Center, Inc.. (Corn-Revere, Robert) (Entered: 09/04/2019)

Sept. 4, 2019 RECAP
73

LETTER addressed to Judge Lorna G. Schofield from Steven J. Kochevar dated September 6, 2019 re: Supplemental Authority re: Defendant's Motion to Dismiss. Document filed by Donald J. Trump.(Kochevar, Steven) (Entered: 09/06/2019)

Sept. 6, 2019 RECAP

Order on Motion to Appear Pro Hac Vice

Sept. 6, 2019 PACER
74

ORDER granting 71 Motion for Francesca Lina Procaccini to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) (Entered: 09/06/2019)

Sept. 6, 2019 PACER
75

NOTICE of of Supplemental Authority re: 48 Memorandum of Law in Opposition to Motion. Document filed by Pen American Center, Inc.. (Corn-Revere, Robert) (Entered: 09/13/2019)

Sept. 13, 2019 RECAP
76

OPINION & ORDER re: 67 LETTER MOTION for Oral Argument on Defendant's Motion to Dismiss addressed to Judge Lorna G. Schofield from Kristy Parker dated May 23, 2019 filed by Pen American Center, Inc., 45 MOTION to Dismiss Plaintiff's Amended Complaint filed by Donald J. Trump. For the foregoing reasons, the motion to dismiss for lack of subject matter jurisdiction is GRANTED in part and DENIED in part. The motion to dismiss for failure to state of claim is DENIED. Plaintiff's request for oral argument is DENIED as moot. The Clerk of Court is respectfully directed to close Dkt. Nos. 45 and 67. (Signed by Judge Lorna G. Schofield on 3/24/2020) (mro) (Entered: 03/24/2020)

March 24, 2020 RECAP

State / Territory: New York

Case Type(s):

Presidential/Gubernatorial Authority

Key Dates

Filing Date: Oct. 16, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

PEN American Center, an organization representing writers and literary professionals.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

President Donald J. Trump, Federal

Case Details

Causes of Action:

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

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet