1
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COMPLAINT against Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf. (Filing Fee $ 400.00, Receipt Number ANYSDC-18747597)Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy..(Gemmell, Antony) (Entered: 02/10/2020)
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Feb. 10, 2020
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Feb. 10, 2020
RECAP
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2
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CIVIL COVER SHEET filed..(Gemmell, Antony) (Entered: 02/10/2020)
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Feb. 10, 2020
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Feb. 10, 2020
PACER
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3
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STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-cv-1127. Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy..(Gemmell, Antony) (Entered: 02/10/2020)
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Feb. 10, 2020
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Feb. 10, 2020
PACER
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4
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REQUEST FOR ISSUANCE OF SUMMONS as to Chad Wolf, re: 1 Complaint,. Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy..(Gemmell, Antony) (Entered: 02/10/2020)
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Feb. 10, 2020
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Feb. 10, 2020
PACER
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5
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REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Complaint,. Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy..(Gemmell, Antony) (Entered: 02/10/2020)
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Feb. 10, 2020
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Feb. 10, 2020
PACER
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6
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REQUEST FOR ISSUANCE OF SUMMONS as to Mark Morgan, re: 1 Complaint,. Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy..(Gemmell, Antony) (Entered: 02/10/2020)
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Feb. 10, 2020
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Feb. 10, 2020
PACER
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7
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REQUEST FOR ISSUANCE OF SUMMONS as to United States Customs and Border Protection, re: 1 Complaint,. Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy..(Gemmell, Antony) (Entered: 02/10/2020)
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Feb. 10, 2020
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Feb. 10, 2020
PACER
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8
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NOTICE OF APPEARANCE by Jessica Perry on behalf of Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy..(Perry, Jessica) (Entered: 02/11/2020)
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Feb. 11, 2020
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Feb. 11, 2020
PACER
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9
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ELECTRONIC SUMMONS ISSUED as to Chad Wolf..(jgo) (Entered: 02/11/2020)
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Feb. 11, 2020
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Feb. 11, 2020
PACER
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10
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ELECTRONIC SUMMONS ISSUED as to Mark Morgan..(jgo) (Entered: 02/11/2020)
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Feb. 11, 2020
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Feb. 11, 2020
PACER
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11
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ELECTRONIC SUMMONS ISSUED as to United States Customs and Border Protection..(jgo) (Entered: 02/11/2020)
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Feb. 11, 2020
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Feb. 11, 2020
PACER
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12
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ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security..(jgo) (Entered: 02/11/2020)
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Feb. 11, 2020
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Feb. 11, 2020
PACER
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13
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NOTICE OF APPEARANCE by Molly Knopp Biklen on behalf of Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy..(Biklen, Molly) (Entered: 02/11/2020)
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Feb. 11, 2020
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Feb. 11, 2020
PACER
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14
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NOTICE OF APPEARANCE by Christopher T Dunn on behalf of Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy..(Dunn, Christopher) (Entered: 02/11/2020)
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Feb. 11, 2020
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Feb. 11, 2020
PACER
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15
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SUMMONS RETURNED EXECUTED. Mark Morgan served on 2/11/2020, answer due 3/3/2020; United States Customs and Border Protection served on 2/11/2020, answer due 3/3/2020; United States Department of Homeland Security served on 2/11/2020, answer due 3/3/2020; Chad Wolf served on 2/11/2020, answer due 3/3/2020. Service was accepted by Derick Mayers, Civil Clerk. Service was made by Mail. Document filed by Jamil Dakwar; John Harland Giammatteo; R. L'Heureux Lewis-McCoy..(Gemmell, Antony) (Entered: 02/11/2020)
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Feb. 11, 2020
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Feb. 11, 2020
PACER
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Case Designated ECF. (jgo)
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Feb. 11, 2020
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Feb. 11, 2020
PACER
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Antony Philip Falconer Gemmell. The party information for the following party/parties has been modified: R. L'Heureux Lewis-McCoy; Jamil Dakwar; John Harland Giammatteo. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)
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Feb. 11, 2020
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Feb. 11, 2020
PACER
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Notice to Attorney Regarding Party Modification
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Feb. 11, 2020
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Feb. 11, 2020
PACER
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Case Opening Initial Assignment Notice
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Feb. 11, 2020
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Feb. 11, 2020
PACER
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo)
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Feb. 11, 2020
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Feb. 11, 2020
PACER
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CASE REFERRED TO Judge Jesse M. Furman as possibly related to 20-cv-1127. (jgo)
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Feb. 11, 2020
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Feb. 11, 2020
PACER
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CASE ACCEPTED AS RELATED. Create association to 1:20-cv-01127-JMF. Notice of Assignment to follow. (wb)
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Feb. 12, 2020
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Feb. 12, 2020
PACER
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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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb)
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Feb. 12, 2020
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Feb. 12, 2020
PACER
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NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case..(wb)
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Feb. 12, 2020
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Feb. 12, 2020
PACER
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Notice of Case Assignment/Reassignment
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Feb. 12, 2020
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Feb. 12, 2020
PACER
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16
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NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on March 26, 2020, at 4:00 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. As of this order, no motion for consolidation has been filed, but case number 20-CV-1142 has been accepted by the Court as related to case number 20-CV-1127, and the cases appear to involve common questions of law and fact. Thus, the Court is inclined to consolidate the cases pursuant to Rule 42 of the Federal Rules of Civil Procedure for all purposes. Counsel in both cases shall promptly confer and be prepared to discuss at the initial conference whether and to what extent the two cases should be consolidated or otherwise coordinated. And as set forth herein. SO ORDERED. Initial Conference set for 3/26/2020 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 2/24/2020) (ama) (Entered: 02/24/2020)
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Feb. 24, 2020
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Feb. 24, 2020
PACER
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17
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LETTER addressed to Judge Jesse M. Furman from Antony Gemmell dated February 25, 2020 re: Proof of notice to the Defendants of the Courts February 24, 2020 Order. Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy. (Attachments: # 1 Exhibit 1).(Gemmell, Antony) (Entered: 02/25/2020)
1 Exhibit 1
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Feb. 25, 2020
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Feb. 25, 2020
PACER
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18
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NOTICE OF APPEARANCE by Zachary Bannon on behalf of Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf..(Bannon, Zachary) (Entered: 03/19/2020)
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March 19, 2020
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March 19, 2020
PACER
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19
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NOTICE OF APPEARANCE by Elizabeth J. Kim on behalf of Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf..(Kim, Elizabeth) (Entered: 03/19/2020)
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March 19, 2020
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March 19, 2020
PACER
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20
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NOTICE OF APPEARANCE by Christopher Kendrick Connolly on behalf of Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf..(Connolly, Christopher) (Entered: 03/19/2020)
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March 19, 2020
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March 19, 2020
PACER
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21
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JOINT LETTER addressed to Judge Jesse M. Furman from Counsel for All Parties dated March 19, 2020 re: Letter in Anticipation of the Initial Pretrial Conference. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf. (Attachments: # 1 Plaintiffs' Proposed Case Management Plan).(Kim, Elizabeth) (Entered: 03/19/2020)
1 Plaintiffs' Proposed Case Management Plan
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March 19, 2020
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March 19, 2020
PACER
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22
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ORDER: Per the Court's Emergency Individual Rules and Practices, the initial pretrial conference scheduled in this case for March 26, 2020, at 4:00 p.m. will be conducted telephonically. The Court has arranged for the use of CourtCall, an independent conference call company, to enable the parties, counsel, and anyone interested (including members of the press) to attend remotely. Counsel for the parties must call CourtCall's reservation desk at (888) 882-6878, or make a reservation online at www.courtcall.com, no later than 4:00 p.m. Eastern Time one business day prior to the conference date... To ensure public access to the conference, the Court has arranged for CourtCall to provide a toll-free number for members of the public and press to listen to the conference. Members of the public and press should call (855) 855-8556, and enter access code 587-8792, followed by the pound (#) key. There will be no charge for using this line. Anyone using this line will be in "listen-only" mode and will not be able to speak during the proceedings. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 3/23/2020) (ab) (Entered: 03/23/2020)
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March 23, 2020
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March 23, 2020
PACER
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23
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ORDER: Additionally, unless and until the Court orders otherwise, the following deadlines shall apply to proceedings in these cases: By April 1, 2020, Plaintiffs shall file any amended complaints. By April 15, 2020, Defendants shall file any motion to dismiss and, after meeting and conferring with defense counsel, the Lewis-McCoy Plaintiffs shall file any motion for class certification. By April 24, 2020, Defendants shall produce the Administrative Record. By April 29, 2020, Plaintiffs shall file a joint opposition to Defendants' motion to dismiss and Defendants shall file any opposition to any motion for class certification. Unless and until the Court orders otherwise, by May 1, 2020, Defendants shall provide to Plaintiffs a privilege log listing any documents withheld, in whole or in part, from the Administrative Record on the basis of privilege. If Defendants believe that they should not be required to provide a privilege log, they shall file a letter-motion to that effect, not to exceed five pages, by April 8, 2020. Any opposition to such a motion, also by letter not to exceed five pages, shall be filed by April 15, 2020. No reply shall be filed absent leave of Court. By May 6, 2020, Defendants shall file any reply in support of their motion to dismiss and the Lewis-McCoy Plaintiffs shall file any reply in support of any motion for class certification. By May 11, 2020, after meeting and conferring with defense counsel, Plaintiffs shall file any motion, by letter not to exceed five pages, to complete the Administrative Record or compel extra-record discovery. Any opposition to such a motion, also by letter not to exceed five pages, shall be filed by May 18, 2020. No reply shall be filed absent leave of Court. By June 5, 2020, Defendants shall file any motion for summary judgment as to the Administrative Procedure Act claims. Plaintiffs shall file any opposition and any cross-motion (supported by one consolidated memorandum of law) by June 26, 2020. Defendants shall file any reply and opposition to any cross-motion (also supported by one consolidated memorandum of law) by July 10, 2020. If Plaintiffs file a cross-motion, they shall file any reply in support by July 17, 2020. As long as the Court's Emergency Individual Rules and Practices in Light of COVID-19 remain in effect, the parties should not submit paper courtesy copies of any briefing to the Court. SO ORDERED. (Amended Pleadings due by 4/1/2020., Cross Motions due by 6/26/2020., Motions due by 6/5/2020., Responses due by 7/10/2020, Replies due by 7/17/2020.) (Signed by Judge Jesse M. Furman on 4/1/2020) (jca) (Entered: 04/01/2020)
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April 1, 2020
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April 1, 2020
RECAP
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24
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FIRST AMENDED COMPLAINT amending 1 Complaint, against Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf.Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy, S.T., Paul VanDeCarr. Related document: 1 Complaint,..(Gemmell, Antony) (Entered: 04/01/2020)
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April 1, 2020
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April 1, 2020
RECAP
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Notice to Attorney Regarding Deficient Pleading
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April 2, 2020
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April 2, 2020
PACER
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25
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LETTER addressed to Judge Jesse M. Furman from Zachary Bannon dated 4/8/2020 re: Opposition to Production of Privilege Log. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf..(Bannon, Zachary) (Entered: 04/08/2020)
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April 8, 2020
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April 8, 2020
PACER
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26
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LETTER addressed to Judge Jesse M. Furman from Plaintiffs dated April 14, 2020 re: production of a privilege log identifying all materials withheld from the Administrative Record. Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy, S.T., Paul VanDeCarr. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4).(Gemmell, Antony) (Entered: 04/14/2020)
1 Exhibit 1
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2 Exhibit 2
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3 Exhibit 3
View on PACER
4 Exhibit 4
View on PACER
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April 14, 2020
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April 14, 2020
PACER
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27
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FIRST LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Zachary Bannon dated 4/14/2020. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf..(Bannon, Zachary) (Entered: 04/14/2020)
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April 14, 2020
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April 14, 2020
PACER
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28
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ORDER with respect to 27 Letter Motion for Extension of Time: Given tomorrow's motion deadline, Plaintiffs shall file a response to the request for an extension of all deadlines by TODAY at 2 p.m. For now, all dates and deadlines remain in effect. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 04/14/2020)
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April 14, 2020
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April 14, 2020
PACER
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29
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JOINT LETTER addressed to Judge Jesse M. Furman from Plaintiffs dated April 14, 2020 re: Plaintiffs opposition to Defendants request for an extension of time. Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy, S.T., Paul VanDeCarr. (Attachments: # 1 Exhibit Exhibit 1).(Gemmell, Antony) (Entered: 04/14/2020)
1 Exhibit Exhibit 1
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April 14, 2020
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April 14, 2020
PACER
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30
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ORDER denying 27 Letter Motion for Extension of Time. Defendants' request for an extension is DENIED, substantially for the reasons set forth in Footnote 2 of Plaintiffs' letter. Defendants would have been on firmer ground had they not waited until the day before their motion deadline to seek relief or had they seriously engaged with Plaintiffs after the change in state law. The bottom line is that, based on the totality of circumstances, there is no reason to alter the agreed-upon schedule. The Court would be willing to grant a limited extension if the parties confer and agree that there is a good-faith basis to believe that the case could be resolved and that their resources are better spent exploring a resolution that litigating. But absent that, all dates and deadlines remain in effect. The Clerk of Court is directed to terminate the motions filed earlier today in both cases. So Ordered. (Signed by Judge Jesse M. Furman on 4/14/20) (yv) (Entered: 04/14/2020)
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April 14, 2020
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April 14, 2020
PACER
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31
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NOTICE OF APPEARANCE by Jordan Laris Cohen on behalf of Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy, S.T., Paul VanDeCarr..(Cohen, Jordan) (Entered: 04/14/2020)
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April 14, 2020
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April 14, 2020
PACER
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Order on Motion for Extension of Time
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April 14, 2020
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April 14, 2020
PACER
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32
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MOTION to Dismiss Plaintiffs' Constitutional Claims. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf..(Bannon, Zachary) (Entered: 04/15/2020)
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April 15, 2020
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April 15, 2020
PACER
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33
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MEMORANDUM OF LAW in Support re: 32 MOTION to Dismiss Plaintiffs' Constitutional Claims. . Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf..(Bannon, Zachary) (Entered: 04/15/2020)
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April 15, 2020
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April 15, 2020
PACER
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34
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MOTION to Certify Class . Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy, S.T., Paul VanDeCarr..(Gemmell, Antony) (Entered: 04/15/2020)
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April 15, 2020
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April 15, 2020
PACER
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35
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MEMORANDUM OF LAW in Support re: 34 MOTION to Certify Class . . Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy, S.T., Paul VanDeCarr..(Gemmell, Antony) (Entered: 04/15/2020)
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April 15, 2020
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April 15, 2020
PACER
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36
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DECLARATION of Antony P.F. Gemmell in Support re: 34 MOTION to Certify Class .. Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy, S.T., Paul VanDeCarr. (Attachments: # 1 Exhibit Declaration of R. L'Heureux Lews-McCoy, # 2 Exhibit Declaration of Amanda Hughes, # 3 Exhibit Declaration of Paul VanDeCarr, # 4 Exhibit Declaration of Jamil Dakwar, # 5 Exhibit Declaration of John Harland Giammatteo).(Gemmell, Antony) (Entered: 04/15/2020)
1 Exhibit Declaration of R. L'Heureux Lews-McCoy
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2 Exhibit Declaration of Amanda Hughes
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3 Exhibit Declaration of Paul VanDeCarr
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4 Exhibit Declaration of Jamil Dakwar
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5 Exhibit Declaration of John Harland Giammatteo
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April 15, 2020
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April 15, 2020
PACER
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37
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PROPOSED STIPULATION AND ORDER. Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy, S.T., Paul VanDeCarr. (Attachments: # 1 Text of Proposed Order).(Gemmell, Antony) (Entered: 04/15/2020)
1 Text of Proposed Order
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April 15, 2020
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April 15, 2020
PACER
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38
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STIPULATED ORDER CERTIFYING CLASS, THE COURT HEREBY ORDERS THAT: 1. The Plaintiffs' Motion for Class Certification is GRANTED. The Court certifies a Class defined as "All New York State residents whose applications to enroll or re-enroll in Global Entry were pending at the time Acting Secretary of Homeland Security Chad Wolf issued his decision to prohibit the enrollment or re-enrollment of New York residents in U.S. Customs and Border Protections Trusted Traveler Programs or who otherwise intend to enroll or re-enroll in Global Entry." The Court finds Plaintiffs have satisfied the elements of Federal Rule Civil Procedure Rule 23(a) and Rule 23(b)(2), including establishing numerosity, commonality, typicality, adequacy, and Rule 23(b)(2) status. To the extent ascertainability is required for Rule 23(b)(2) class actions, the Court also finds the class is ascertainable. 2. The Plaintiffs' request that the New York Civil Liberties Union Foundation (the "NYCLU") be appointed Class Counsel is GRANTED. The Court finds the NYCLU satisfies the requirements of Federal Rule of Civil Procedure 23(g)(1)(A). 3. The Plaintiffs' request that the named Plaintiffs be appointed Class representatives is GRANTED. The Court finds that named Plaintiffs R. L'Heureux Lewis-McCoy, S.T., by and through her next friend, Amanda Hughes, Paul VanDeCarr, Jamil Dakwar, and John Harland Giammatteo will fairly and adequately represent the interests of the Class. The Clerk of Court is directed to terminate ECF No. 34. IT IS SO ORDERED. Motions terminated: 34 MOTION to Certify Class . filed by Jamil Dakwar, Paul VanDeCarr, S.T., John Harland Giammatteo, R. L'Heureux Lewis-McCoy. (Signed by Judge Jesse M. Furman on 4/17/20) (yv) Modified on 4/22/2020 (yv). (Entered: 04/17/2020)
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April 17, 2020
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April 17, 2020
PACER
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39
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MEMO ENDORSEMENT on re: (23 in 1:20-cv-01127-JMF) Letter, filed by Mark A. Morgan, United States Customs and Border Protection, Chad F. Wolf, United States Department of Homeland Security, (25 in 1:20-cv-01142-JMF) Letter, filed by United States Customs and Border Protection, Mark Morgan, Chad Wolf, United States Department of Homeland Security. ENDORSEMENT: For now, the Court's order requiring production of a privilege log by May 1, 2020, remains in effect. (To that end, Defendants should presumably be taking steps to prepare a log.) That said, the Court will reserve decision on Defendants' request to be relieved of the obligation pending Plaintiffs' review of the Administrative Record to be produced today. No later than April 27, 2020, Plaintiffs shall file a joint letter addressing whether a privilege log should be required in light of their preliminary review of the Administrative Record. Defendants may file a supplemental letter addressing the issue in light of the Administrative Record by the same date. The Clerk of Court is directed to docket this endorsed letter in both 20-CV-1127 and 20-CV-1142. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/24/2020) (ks) (Entered: 04/24/2020)
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April 24, 2020
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April 24, 2020
PACER
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40
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LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Zachary Bannon dated 4/24/2020. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf..(Bannon, Zachary) (Entered: 04/24/2020)
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April 24, 2020
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April 24, 2020
PACER
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41
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ORDER granting in part and denying in part 40 Letter Motion for Extension of Time. Defendants shall produce the Administrative Record today, as previously ordered, except that they are granted an extension until Monday, April 27, 2020, at 10 a.m. to produce the one record still under consideration in the event that it is deemed to be part of the Administrative Record. All other dates and deadlines, including the Monday, April 27, 2020 deadline for letters about the privilege log, remain in effect. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 04/24/2020)
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April 24, 2020
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April 24, 2020
PACER
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42
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LETTER MOTION for Leave to File Redacted Administrative Record addressed to Judge Jesse M. Furman from Zachary Bannon dated 4/24/2020. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf. (Attachments: # 1 Declaration of Robert E. Perez).(Bannon, Zachary) (Entered: 04/24/2020)
1 Declaration of Robert E. Perez
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April 24, 2020
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April 24, 2020
RECAP
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43
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NOTICE of Administrative Record re: 42 LETTER MOTION for Leave to File Redacted Administrative Record addressed to Judge Jesse M. Furman from Zachary Bannon dated 4/24/2020.. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf. (Attachments: # 1 Administrative Record (Public)).(Bannon, Zachary) (Entered: 04/24/2020)
1 Administrative Record (Public)
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April 24, 2020
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April 24, 2020
PACER
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44
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***SELECTED PARTIES***NOTICE of Administrative Record re: 42 LETTER MOTION for Leave to File Redacted Administrative Record addressed to Judge Jesse M. Furman from Zachary Bannon dated 4/24/2020.. Document filed by Mark Morgan, United States Department of Homeland Security, United States Customs and Border Protection, Chad Wolf, Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy, S.T., Paul VanDeCarr. (Attachments: # 1 Administrative Record (Under Seal))Motion or Order to File Under Seal: 42 .(Bannon, Zachary) (Entered: 04/24/2020)
1 Administrative Record (Under Seal)
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April 24, 2020
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April 24, 2020
PACER
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45
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LETTER addressed to Judge Jesse M. Furman from Zachary Bannon dated 4/24/2020 re: Final Administrative Record. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf..(Bannon, Zachary) (Entered: 04/24/2020)
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April 24, 2020
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April 24, 2020
PACER
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Order on Motion for Extension of Time
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April 24, 2020
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April 24, 2020
PACER
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46
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MEMO ENDORSEMENT on re: (36 in 1:20-cv-01127-JMF) LETTER MOTION for Leave to File Redacted Administrative Record addressed to Judge Jesse M. Furman from Zachary Bannon dated 4/24/2020. filed by Mark A. Morgan, United States Customs and Border Protection, Chad F. Wolf, United States Department of Homeland Security, (42 in 1:20-cv-01142-JMF) LETTER MOTION for Leave to File Redacted Administrative Record addressed to Judge Jesse M. Furman from Zachary Bannon dated 4/24/2020. filed by United States Customs and Border Protection, Mark Morgan, Chad Wolf, United States Department of Homeland Security, Set Deadlines/Hearing as to (36 in 1:20-cv-01127-JMF) LETTER MOTION for Leave to File Redacted Administrative Record addressed to Judge Jesse M. Furman from Zachary Bannon dated 4/24/2020., (42 in 1:20-cv-01142-JMF) LETTER MOTION for Leave to File Redacted Administrative Record addressed to Judge Jesse M. Furman from Zachary Bannon dated 4/24/2020. ENDORSEMENT : Plaintiffs shall file any opposition no later than April 29, 2020, at noon. SO ORDERED. (Responses due by 4/29/2020) (Signed by Judge Jesse M. Furman on 4/27/20) (yv) (Entered: 04/27/2020)
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April 27, 2020
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April 27, 2020
RECAP
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47
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SUPPLEMENTAL LETTER addressed to Judge Jesse M. Furman from Antony P.F. Gemmell dated April 27, 2020 re: production of a privilege log identifying materials withheld from the Administrative Record. Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy, S.T., Paul VanDeCarr..(Gemmell, Antony) (Entered: 04/27/2020)
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April 27, 2020
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April 27, 2020
RECAP
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48
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LETTER addressed to Judge Jesse M. Furman from Zachary Bannon dated 4/27/2020 re: Opposition to Production of Privilege Log. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf..(Bannon, Zachary) (Entered: 04/27/2020)
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April 27, 2020
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April 27, 2020
RECAP
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49
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MEMORANDUM OPINION AND ORDER re: (36 in 1:20-cv-01127-JMF) LETTER MOTION for Leave to File Redacted Administrative Record addressed to Judge Jesse M. Furman from Zachary Bannon dated 4/24/2020. filed by Mark A. Morgan, United States Customs and Border Protection, Chad F. Wolf, United States Department of Homeland Security, (42 in 1:20-cv-01142-JMF) LETTER MOTION for Leave to File Redacted Administrative Record addressed to Judge Jesse M. Furman from Zachary Bannon dated 4/24/2020. filed by United States Customs and Border Protection, Mark Morgan, Chad Wolf, United States Department of Homeland Security. The Court adheres to its order mandating that, no later than May 1, 2020, Defendants produce a "log listing any documents withheld, in whole or in part, from the Administrative Record on the basis of privilege." ECF No. 22, at 2. Significantly, the Court does not, at this time, order "the production of any documents over which the Government asserts privilege"; it merely orders a privilege log. In re Nielsen, slip. op. at 5. To the extent that Plaintiffs challenge any of Defendants' assertions in the log, the Court will, of course, "provide the Government with an opportunity to be heard" and ensure "an orderly resolution of any" disputes. Id.; see In re United States, 583 U.S.-, 2017 WL 6505860, at *2 (Dec. 20, 2017) (No. 17-801) ("[T]he District Court may not compel the Government to disclose any document that the Government believes is privileged without first providing the Government with the opportunity to argue the issue."). To that end, if Plaintiffs dispute any of Defendants' privilege assertions, counsel shall meet and confer in good faith in an attempt to resolve the dispute and, absent a resolution, to agree upon procedures to raise the dispute with the Court. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/29/20) (yv) (Entered: 04/29/2020)
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April 29, 2020
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April 29, 2020
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50
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LETTER addressed to Judge Jesse M. Furman from Plaintiffs dated April 29, 2020 re: Defendants' request to file under seal. Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy, S.T., Paul VanDeCarr..(Gemmell, Antony) (Entered: 04/29/2020)
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April 29, 2020
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April 29, 2020
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51
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MEMO ENDORSEMENT on re: (44 in 1:20-cv-01127-JMF) Letter leave to file a redacted Administrative Record filed by State of New York, (50 in 1:20-cv-01142-JMF) Letter leave to file a redacted Administrative Record, filed by Jamil Dakwar, Paul VanDeCarr, S.T., John Harland Giammatteo, R. L'Heureux Lewis-McCoy. ENDORSEMENT: Having reviewed the parties' submissions, the Court GRANTS Defendants' letter-motion for leave to file a redacted Administrative Record as to the email addresses, telephone numbers, and other contact information of the Customs and Border Protection ("CBP") employees at issue, but DENIES the letter-motion as to the names of those employees. Under Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), the Court must balance the presumption in favor of public access to judicial documents such as the Administrative Record against "countervailing factors" such as the CBP employees' privacy interests here. That balance justifies redaction of the employees' contact information, given the risks highlighted by Defendants, and Plaintiffs do not argue otherwise. The risks created by public disclosure of the contact information do not apply, however, to the employees' names, at least not to the same degree. Thus, the balance weighs in favor of not redacting the names. The cases cited by Defendants in which the redaction of employees' names was found appropriate predate Lugosch and, unlike this case, involved the disclosure of sensitive materials, not materials of the nature at issue here. See Kelly v. City of New York, No. 01-CV-8906 (AGS) (DF), 2003 WL 548400, at *5-6 (S.D.N.Y. Feb. 24, 2003) (redacting the names of individuals in light of "potentially sensitive records" containing "personal information" and "allegations that have not been fully investigated, substantiated, or proven"); In re Savitt/Adler Litig., No. 95-CV-1842 (RSP) (DRH), 1997 WL 797511, at *3 (N.D.N.Y. Dec. 23, 1997) (redacting the names of individuals in light of the disclosure of personnel and employment records "traditionally considered private"). No later than May 1, 2020, Defendants shall refile the Administrative Record consistent with the foregoing. The Clerk of Court is directed to docket this Order in both cases. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/29/20) (yv) (Entered: 04/29/2020)
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April 29, 2020
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April 29, 2020
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52
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MEMORANDUM OF LAW in Opposition re: 32 MOTION to Dismiss Plaintiffs' Constitutional Claims. . Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy, S.T., Paul VanDeCarr..(Gemmell, Antony) (Entered: 04/29/2020)
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April 29, 2020
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April 29, 2020
PACER
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53
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NOTICE of Administrative Record. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf. (Attachments: # 1 Administrative Record).(Bannon, Zachary) (Entered: 05/01/2020)
1 Administrative Record
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May 1, 2020
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May 1, 2020
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54
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LETTER addressed to Judge Jesse M. Furman from Zachary Bannon dated 5/1/2020 re: Production of Privilege Log. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf..(Bannon, Zachary) (Entered: 05/01/2020)
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May 1, 2020
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May 1, 2020
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55
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REPLY MEMORANDUM OF LAW in Support re: 32 MOTION to Dismiss Plaintiffs' Constitutional Claims. . Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf..(Bannon, Zachary) (Entered: 05/06/2020)
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May 6, 2020
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May 6, 2020
PACER
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56
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LETTER MOTION to Compel Defendants to Complete the Administrative Record addressed to Judge Jesse M. Furman from Plaintiffs dated May 11, 2020. Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy, S.T., Paul VanDeCarr. (Attachments: # 1 Exhibit 1 - Defendants' Privilege Log).(Gemmell, Antony) (Entered: 05/11/2020)
1 Exhibit 1 - Defendants' Privilege Log
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May 11, 2020
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May 11, 2020
PACER
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57
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ORDER: On May 11, 2020, Plaintiffs in these cases moved to compel Defendants to complete the Administrative Record by producing documents withheld or redacted based upon assertions of privilege. See 20-CV-1127, ECF No. 50; 20-CV-1142, ECF No. 56. Defendants' response is due by May 18, 2020. See 20-CV-1127, ECF No. 22; 20-CV-1142, ECF No. 23. By the same date, Defendants shall submit the documents at issue for the Court's in camera review by filing them under seal on ECF (selecting the ex parte viewing level), in accordance with Section 6 of the S.D.N.Y. Electronic Case Filing Rules & Instructions, available at https://nysd.uscourts.gov/rules/ecf-related-instructions. (Set Deadlines/Hearing as to (50 in 1:20-cv-01127-JMF) LETTER MOTION to Compel Defendants, (56 in 1:20-cv-01142-JMF) LETTER MOTION to Compel Defendants: Responses due by 5/18/2020) (Signed by Judge Jesse M. Furman on 5/12/2020) (jwh) (Entered: 05/12/2020)
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May 12, 2020
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May 12, 2020
RECAP
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58
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LETTER MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion to Complete the Record addressed to Judge Jesse M. Furman from Zachary Bannon dated 5/12/2020. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf..(Bannon, Zachary) (Entered: 05/12/2020)
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May 12, 2020
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May 12, 2020
PACER
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59
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ORDER granting 58 Letter Motion for Extension of Time to File Response/Reply re 56 LETTER MOTION to Compel Defendants to Complete the Administrative Record addressed to Judge Jesse M. Furman from Plaintiffs dated May 11, 2020. Application GRANTED, and the proposed deadline is adopted. The Clerk of Court is directed to terminate 20-CV-1127, ECF No. 52, and 20-CV-1142, ECF No. 58. SO ORDERED. ( Responses due by 5/22/2020.) (Signed by Judge Jesse M. Furman on 5/13/20) (yv) (Entered: 05/13/2020)
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May 13, 2020
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May 13, 2020
PACER
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60
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NOTICE of Administrative Record. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf. (Attachments: # 1 Administrative Record).(Bannon, Zachary) (Entered: 05/22/2020)
1 Administrative Record
View on PACER
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May 22, 2020
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May 22, 2020
PACER
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61
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LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Zachary Bannon dated 5/22/2020 re: 56 LETTER MOTION to Compel Defendants to Complete the Administrative Record addressed to Judge Jesse M. Furman from Plaintiffs dated May 11, 2020. . Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf. (Attachments: # 1 Updated Privilege Log, # 2 Dorey Declaration, # 3 Wagner Declaration, # 4 Allen Declaration, # 5 Cronen Declaration).(Bannon, Zachary) (Entered: 05/22/2020)
1 Updated Privilege Log
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2 Dorey Declaration
View on PACER
3 Wagner Declaration
View on PACER
4 Allen Declaration
View on PACER
5 Cronen Declaration
View on PACER
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May 22, 2020
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May 22, 2020
PACER
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62
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***EX-PARTE***NOTICE of Ex Parte Privileged Documents. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf. (Attachments: # 1 Privileged Documents I, # 2 Privileged Documents II, # 3 Privileged Documents III, # 4 Privileged Documents IV)Motion or Order to File Under Seal: 57 .(Bannon, Zachary) (Entered: 05/22/2020)
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May 22, 2020
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May 22, 2020
PACER
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63
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***EX-PARTE***NOTICE of Ex Parte Privileged Documents. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf. (Attachments: # 1 Privileged Documents V)Motion or Order to File Under Seal: 57 .(Bannon, Zachary) (Entered: 06/01/2020)
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June 1, 2020
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June 1, 2020
PACER
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64
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LETTER MOTION for Extension of Time to File Motion for Summary Judgment addressed to Judge Jesse M. Furman from Zachary Bannon dated 6/1/2020. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf..(Bannon, Zachary) (Entered: 06/01/2020)
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June 1, 2020
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June 1, 2020
PACER
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65
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ORDER. The parties shall meet and confer and submit a joint letter by June 3, 2020, stating their views on whether the briefing schedule should be adjusted in light of the litigation over Defendants' assertions of privilege - and if so, proposing a revised schedule. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/1/20) (yv) (Entered: 06/01/2020)
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June 1, 2020
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June 1, 2020
PACER
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66
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PROPOSED SCHEDULING ORDER. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf..(Bannon, Zachary) (Entered: 06/03/2020)
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June 3, 2020
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June 3, 2020
PACER
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67
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ORDER granting 64 Letter Motion for Extension of Time: The proposed deadlines are adopted. The Clerk of Court is directed to terminate 20-CV-1127, ECF no. 58, and 20-CV-1142, ECF No. 64. (Signed by Judge Jesse M. Furman on 6/3/2020) (jwh) (Entered: 06/03/2020)
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June 3, 2020
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June 3, 2020
PACER
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68
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OPINION AND ORDER re: (56 in 1:20-cv-01142-JMF) LETTER MOTION to Compel Defendants to Complete the Administrative Record addressed to Judge Jesse M. Furman from Plaintiffs dated May 11, 2020. filed by Jamil Dakwar, Paul VanDeCarr, S.T., John Harland Giammatteo, R. L'Heureux Lewis-McCoy, (50 in 1:20-cv-01127-JMF) LETTER MOTION to Compel Defendants to Complete the Administrative Record addressed to Judge Jesse M. Furman from Elena Goldstein dated May 11, 2020. filed by State of New York. Plaintiffs' motion is GRANTED in part and DENIED in part. In particular, no later than June 17, 2020, Defendants shall disclose the following in full: AR page numbers DHSGLL017 to DHSGLL020, DHSGLL052, DHSGLL054 to DHSGLL060, and Document Nos. PRIV_001, PRIV_007, PRIV_032, and PRIV_166. No later than the same date, Defendants shall disclose Document Nos. PRIV_008, PRIV_022, and PRIV_031, and AR page numbers DHSGLL025, DHSGLL038 to DHSGLL039, and DHSGLL061 subject to the redactions approved above. In all instances, Defendants may redact email addresses, telephone numbers, and other contact information, consistent with the Court's Order of April 29, 2020. See ECF No. 45. In addition, by June 15, 2020, the parties shall meet and confer and submit an agreed-upon proposed protective order governing the documents to be disclosed pursuant to this Opinion and Order. The Clerk of Court is directed to terminate 20-CV-1127, ECF No. 50, and 20-CV-1142, ECF No. 56. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/10/20) (yv) (Entered: 06/10/2020)
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June 10, 2020
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June 10, 2020
PACER
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69
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PROPOSED PROTECTIVE ORDER. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf..(Bannon, Zachary) (Entered: 06/15/2020)
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June 15, 2020
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June 15, 2020
PACER
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70
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PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Jesse M. Furman on 6/16/20) (yv) (Entered: 06/17/2020)
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June 17, 2020
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June 17, 2020
PACER
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71
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NOTICE of Administrative Record. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf. (Attachments: # 1 Administrative Record (Public)).(Bannon, Zachary) (Entered: 06/17/2020)
1 Administrative Record (Public)
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June 17, 2020
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June 17, 2020
PACER
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72
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***SELECTED PARTIES***NOTICE of Administrative Record. Document filed by Mark Morgan, United States Department of Homeland Security, United States Customs and Border Protection, Chad Wolf, Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy, S.T., Paul VanDeCarr. (Attachments: # 1 Administrative Record (Sealed))Motion or Order to File Under Seal: 70 .(Bannon, Zachary) (Entered: 06/17/2020)
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June 17, 2020
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June 17, 2020
PACER
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73
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MOTION for Summary Judgment on Plaintiffs' APA claims. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf..(Bannon, Zachary) (Entered: 06/19/2020)
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June 19, 2020
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June 19, 2020
PACER
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74
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MEMORANDUM OF LAW in Support re: 73 MOTION for Summary Judgment on Plaintiffs' APA claims. . Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf. (Attachments: # 1 Acosta Declaration, # 2 Glabe Declaration, # 3 Perez Declaration).(Bannon, Zachary) (Entered: 06/19/2020)
1 Acosta Declaration
View on PACER
2 Glabe Declaration
View on PACER
3 Perez Declaration
View on PACER
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June 19, 2020
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June 19, 2020
PACER
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75
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***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 73 MOTION for Summary Judgment on Plaintiffs' APA claims. . Document filed by Mark Morgan, United States Department of Homeland Security, United States Customs and Border Protection, Chad Wolf. Motion or Order to File Under Seal: 70 .(Bannon, Zachary) (Entered: 06/19/2020)
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June 19, 2020
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June 19, 2020
PACER
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76
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LETTER MOTION for Discovery Plaintiffs' joint letter motion to exclude extra-record evidence or, in the alternative, to permit limited discovery addressed to Judge Jesse M. Furman from Antony P.F. Gemmell dated June 22, 2020. Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy, S.T., Paul VanDeCarr..(Gemmell, Antony) (Entered: 06/22/2020)
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June 22, 2020
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June 22, 2020
PACER
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77
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ORDER, Defendants shall submit any response to Plaintiff's letter-motion by June 24, 2020, at noon. (No reply may be filed absent leave of Court.) Upon review of Defendants' letter, the Court will issue an order if it believes that further action is required or appropriate at this time; in the absence of any such order, Plaintiffs should address these issues in their opposition to the motion for summary judgment. SO ORDERED. Set Deadlines/Hearing as to (70 in 1:20-cv-01127-JMF) LETTER MOTION for Discovery Plaintiffs' joint letter motion to exclude extra-record evidence or, in the alternative, to permit limited discovery addressed to Judge Jesse M. Furman from Matthew Colangelo dated June 22, 2020., (76 in 1:20-cv-01142-JMF) LETTER MOTION for Discovery Plaintiffs' joint letter motion to exclude extra-record evidence or, in the alternative, to permit limited discovery addressed to Judge Jesse M. Furman from Antony P.F. Gemmell dated June 22, 2020. :( Responses due by 6/24/2020) (Signed by Judge Jesse M. Furman on 6/22/20) (yv) (Entered: 06/22/2020)
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June 22, 2020
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June 22, 2020
PACER
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78
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LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Zachary Bannon dated 6/24/2020 re: 76 LETTER MOTION for Discovery Plaintiffs' joint letter motion to exclude extra-record evidence or, in the alternative, to permit limited discovery addressed to Judge Jesse M. Furman from Antony P.F. Gemmell dated June 22, 2020. . Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf..(Bannon, Zachary) (Entered: 06/24/2020)
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June 24, 2020
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June 24, 2020
PACER
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79
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LETTER MOTION to Seal Dkt. No. 72-1 addressed to Judge Jesse M. Furman from Zachary Bannon dated 6/29/2020. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf..(Bannon, Zachary) (Entered: 06/29/2020)
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June 29, 2020
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June 29, 2020
PACER
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80
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ORDER granting 79 Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to place Docket Entry 66-1 in New York v. Chad F. Wolf, et al., No. 20 Civ. 1127 (JMF), and Docket Entry 72-1 in Lewis-McCoy v. Chad Wolf, et al., 20 Civ. 1142 (JMF), under seal - with viewing privileges restricted to the Court only. Plaintiffs shall delete any copies of the relevant unredacted materials. Defendants shall promptly file redacted versions on ECF. The Clerk of Court is directed to terminate Docket Entry 73 in 20 Civ. 1127 (JMF), and Docket Entry 79 in 20 Civ. 1142 (JMF). SO ORDERED. (Signed by Judge Jesse M. Furman on 6/29/20) (yv) (Entered: 06/29/2020)
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June 29, 2020
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June 29, 2020
RECAP
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81
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***SELECTED PARTIES***NOTICE of Administrative Record. Document filed by Mark Morgan, United States Department of Homeland Security, United States Customs and Border Protection, Chad Wolf, Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy, S.T., Paul VanDeCarr. (Attachments: # 1 Corrected Administrative Record (Sealed))Motion or Order to File Under Seal: 70 .(Bannon, Zachary) (Entered: 06/29/2020)
1 Corrected Administrative Record (Sealed)
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June 29, 2020
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June 29, 2020
PACER
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82
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LETTER MOTION for Leave to File Excess Pages and to Forgo Rule 56.1 Statement addressed to Judge Jesse M. Furman from Plaintiffs dated July 8, 2020. Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy, S.T., Paul VanDeCarr..(Gemmell, Antony) (Entered: 07/08/2020)
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July 8, 2020
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July 8, 2020
PACER
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83
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ORDER granting 82 Letter Motion for Leave to File Excess Pages: Application GRANTED. The Clerk of Court is directed to terminate ECF No. 76. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/8/2020) (jwh) (Entered: 07/08/2020)
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July 8, 2020
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July 8, 2020
PACER
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84
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CROSS MOTION for Partial Summary Judgment . Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy, S.T., Paul VanDeCarr..(Gemmell, Antony) (Entered: 07/10/2020)
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July 10, 2020
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July 10, 2020
PACER
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85
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JOINT MEMORANDUM OF LAW in Support re: 84 CROSS MOTION for Partial Summary Judgment . and in Opposition to Defendants' Motion for Partial Summary Judgment. Document filed by Jamil Dakwar, John Harland Giammatteo, R. L'Heureux Lewis-McCoy, S.T., Paul VanDeCarr..(Gemmell, Antony) (Entered: 07/10/2020)
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July 10, 2020
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July 10, 2020
PACER
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86
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ORDER: Earlier today, the Department of Homeland Security announced that it "will lift its ban on the Trusted Traveler Program (TTP) for New York residents." July 23, 2020 Press Release, available at https://www.dhs.gov/news/2020/07/23/new-york-amends-dangerous-green-lightlaw-cooperate-federal-law-enforcement-dmv. No later than July 28, 2020, counsel shall confer and advise the Court what effect that announcement has on these cases, including whether or when they should be dismissed as moot. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/23/2020) (ks) (Entered: 07/23/2020)
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July 23, 2020
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July 23, 2020
PACER
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87
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LETTER addressed to Judge Jesse M. Furman from Zachary Bannon dated 7/23/2020 re: Correction of Record. Document filed by Mark Morgan, United States Customs and Border Protection, United States Department of Homeland Security, Chad Wolf..(Bannon, Zachary) (Entered: 07/23/2020)
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July 23, 2020
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July 23, 2020
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