Case: New York v. Trump

1:20-cv-05770 | U.S. District Court for the Southern District of New York

Filed Date: July 24, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about whether the federal government must include undocumented immigrants in the 2020 Census count. On July 21, 2020, President Trump issued a memo ordering the exclusion of undocumented immigrants from the state-population totals used to calculate the state's apportionments. In response, on July 24, 2020, twenty states, ten cities, four counties, and the District of Columbia filed this lawsuit in the United States District Court for the Southern District of New York. The plainti…

This is a case about whether the federal government must include undocumented immigrants in the 2020 Census count. On July 21, 2020, President Trump issued a memo ordering the exclusion of undocumented immigrants from the state-population totals used to calculate the state's apportionments. In response, on July 24, 2020, twenty states, ten cities, four counties, and the District of Columbia filed this lawsuit in the United States District Court for the Southern District of New York. The plaintiffs, represented by the New York State Office of the Attorney General and other government attorneys sued the President of the United States, the Department of Commerce, the Secretary of Commerce, the Bureau of the Census, and the Director of the United States Census Bureau. The plaintiffs claimed that the “[d]efendants’ decision to exclude undocumented immigrants from the apportionment base following the 2020 Census . . . is unauthorized by and contrary to the Constitution and laws of the United States;” that the decision to do so is “intentionally discriminatory in violation of the equal protection component of the Due Process Clause of the Fifth Amendment[,]” and that the “[d]efendants’ decision and any implementing actions they take are arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law within the meaning of [the Administrative Procedure Act.” The plaintiffs sought declaratory and injunctive relief, writs of mandamus, and reasonable attorneys’ fees, costs, and expenses.

This case was assigned to Judge Jesse M. Furman. The case was related to State of New York v. U.S. Department of Commerce, another 2020 Census case assigned to Judge Furman. That case is in the Clearinghouse, here.

On August 3, 2020, the complaint was amended adding Maine, Wisconsin, the United States Conference of Mayors, and Howard County as plaintiffs. Additionally, the first claim was updated to emphasize the Constitution's use of the phrase “actual Enumeration,” and a new claim was added alleging the Memorandum violated the Census Act which requires the enumeration in the census of the whole number of persons in each State.

Judge Furman ordered this case to be consolidated with New York Immigration Coalition v. Trump on August 4, 2020. That case can be found here in the Clearinghouse. The complaint was updated, on August 6, to reflect this consolidation.

At the plaintiffs' request, on August 7, 2020, Judge Furman requested the Chief Judge of the Second Circuit appoint a three-judge panel because, under 28 U.S.C. §2284, "[a] district court of three judges shall be convened when . . . when an action is filed challenging the constitutionality of the apportionment of congressional districts or the apportionment of any statewide legislative body." Chief Circuit Judge Robert A. Katzmann granted the request on August 10, 2020 and appointed Circuit Judges Richard C. Wesley and Peter W. Hall to join Judge Furman.

The plaintiffs then filed a motion for partial summary judgment on their claims for relief under Article I, the equal protection component of the Due Process Clause, and the Census. In the alternative, they requested a preliminary injunction.

Numerous organizations, including the U.S House of Representatives, businesses, the League of Women Voters, scholars and historians on the census and immigration, and the Immigration Reform Law Institute, filed motions for leave to file amicus briefs, and on August, 17, 2020 and August 21, 2020, Judge Furman issued in orders permitting them to file amicus briefs.

On August 19, 2020, the government filed a motion to dismiss because they claimed that the plaintiffs failed to state a claim, that the court lacked jurisdiction, and that the plaintiffs lacked standing. The government also alleged that the plaintiffs were not entitled to a preliminary or permanent injunction because they could not establish any imminent irreparable harm.

The Court heard oral arguments on the plaintiffs’ motion for summary judgment or, in the alternative, a preliminary injunction and the defendant’s motion to dismiss on September 3, 2020. A week later, on September 10, 2020, Judges Wesley, Hall and Furman granted the plaintiffs’ motion for partial summary judgment and denied the government's motion to dismiss. 2020 WL 5422959. Final Judgement was entered for the plaintiffs after the court found, that the President’s Memo constituted an “ultra vires violation of Congress’s delegation of its constitutional responsibility to count the whole number of persons in each State and to apportion members of the House of Representatives among the States according to their respective numbers under 2 U.S.C. § 2a and 13 U.S.C. § 141.”. The Secretary of Commerce, the Director of the Census Bureau, the US Department of Commerce, and the US Census Bureau are permanently enjoined from “including in the Secretary’s report to the President pursuant to Section 141(b) any information permitting the President to exercise the President’s discretion to carry out the policy set forth in section 2 of the presidential Memorandum.” Section 2 of the President’s memorandum concerned the number of aliens in each State who are not in a lawful immigration status under the Immigration and Nationality Act.

On September 16, 2020, the government filed a motion to stay pending appeal. There was a question about jurisdiction, so the government appealed to both the Second Circuit (case number: 20-2630) and the Supreme Court (case number: 20-0366). The motion to stay pending appeal was denied on September 29, 2020. 2020 WL 5796815.

On September 22, the government filed a motion for the Supreme Court to expedite consideration of the jurisdictional statement. On October 16, it was announced that the question of jurisdiction was postponed to the hearing of the case on the merits. The case is set for argument on Monday, November 30, 2020. As a result, the Second Circuit ordered the case before Circuit Judge Raymond J. Lohier, Jr. to be held in abeyance pending the Supreme Court's resolution.

In early October, appellees, New York filed a motion to affirm, and appellees, New York Immigration Coalition, filed a motion to dismiss or affirm. Additionally, amicus briefs were submitted by Citizens United and the Immigration Reform Law Institute.

Supreme Court are arguments set for Monday, November 30, 2020. This case is ongoing

Summary Authors

Brittany Smith (10/6/2020)

Related Cases

New York Immigration Coalition v. Trump, Southern District of New York (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17380939/parties/state-of-new-york-v-trump/


Judge(s)

Furman, Jesse Matthew (New York)

Hall, Peter W. (Vermont)

Wesley, Richard C. (New York)

Attorneys(s) for Plaintiff

Baker-Morrish, Lara (Ohio)

Balderas, Hector (New Mexico)

Battles, Benjamin D. (Vermont)

Bernal, Jo Anne (Texas)

Blitch, Susan K. (California)

Bloom, Aaron M (New York)

Boland, Patricia Jean (Arizona)

Judge(s)

Furman, Jesse Matthew (New York)

Hall, Peter W. (Vermont)

Wesley, Richard C. (New York)

Attorneys(s) for Plaintiff

Baker-Morrish, Lara (Ohio)

Balderas, Hector (New Mexico)

Battles, Benjamin D. (Vermont)

Bernal, Jo Anne (Texas)

Blitch, Susan K. (California)

Bloom, Aaron M (New York)

Boland, Patricia Jean (Arizona)

Boyer, Jacob (Pennsylvania)

Brannon, Sarah (District of Columbia)

Buser-Clancy, Thomas Paul (Texas)

Campion, Jacob (Minnesota)

Cepeda Derieux, Adriel I. (New York)

Clinton, Laura K. (Washington)

Coglianese, Richard N. (Ohio)

Colangelo, Matthew (New York)

Connors, Clare E. (Hawaii)

Cortes, Diana P. (Pennsylvania)

Cover, Miranda Mercedes (Massachusetts)

Dana, Jeffery (Rhode Island)

de Haan, Brian Alexander (New York)

Donovan, Thomas J. Jr. (Vermont)

Downes, Brendan (District of Columbia)

Eliasberg, Peter J. (California)

Ellison, Keith (Minnesota)

Ewing, Eleanor N. (Pennsylvania)

Fajana, Morenike (New York)

Ferguson, Robert W. (Washington)

Field, Benjamin H. (Pennsylvania)

Fischer, Michael J (Pennsylvania)

Flessner, Mark A. (Illinois)

Flynn, Ronald P. (California)

Ford, Aaron D. (Nevada)

Franklin, Erica Ruth (Washington)

Freedman, John A. (District of Columbia)

Frey, Aaron M (Maine)

Frosh, Brian E. (Maryland)

Girard, Leslie J (California)

Girma, Tsega (Maryland)

Goldstein, Elena Stacy (New York)

Gonick, Peter B. (Washington)

Grewal, Gurbir S. (New Jersey)

Grossi, Christina M. (Michigan)

Grossman, Perry M. (New York)

Gupta, Neha (California)

Haren, Eric R. (New York)

Healey, Maura T. (Massachusetts)

Healey [inactive], Maura (Massachusetts)

Herman, Susan P. (Maine)

Hernandez, Julia Alejandra Gomez (California)

Herrera, Dennis J. (California)

Herring, Mark R. (Virginia)

Hilton, Yvonne (Pennsylvania)

Hirsch, Rebecca (Illinois)

Ho, Dale E. (New York)

Holmes, Peter S. (Washington)

Jackson, Jennifer Marie (Michigan)

Jacobson, Daniel F. (District of Columbia)

James, Letitia (New York)

Jenerette, Tonya (New York)

Jennings, Kathleen (Delaware)

Jerzyk, Matthew T. (Rhode Island)

Johnson, James E. (New York)

Jones, Robert Stanton (District of Columbia)

Kallen, Michelle S. (Virginia)

Kane, Stephen J. (Illinois)

Kaplan, Ian Russell (Texas)

Kassab, Vanessa L (Delaware)

Kaul, Josh (Wisconsin)

Kaye, Fiona Jeannette (New York)

Kennedy, Michael E. (Pennsylvania)

Kilpatrick, Steven Carl (Wisconsin)

Klein, Zachary M (Ohio)

Konopka, Kathleen (District of Columbia)

Kuc, Gary W (Maryland)

Kuka, Erin Lee (California)

Lake, James Graham (District of Columbia)

Litt, William Merrill (California)

Lynch, Ann E. (Massachusetts)

Maestas, Tania (New Mexico)

McLean, Nicholas Matthew (Hawaii)

McNally, Emily C (Pennsylvania)

Mere, Yvonne Rosil (California)

Meyer, Cris (Arizona)

Narasimhan, Sripriya (North Carolina)

Neronha, Peter F. (Rhode Island)

Nessel, Dana M. (Michigan)

Olson, Eric (Colorado)

Pepe, Joseph (New York)

Perry, Joshua (Connecticut)

Pfautz, Michael Wu-Kung (Pennsylvania)

Pratt, Marcel S. (Pennsylvania)

Racine, Karl A. (District of Columbia)

Raines, Chase R, (District of Columbia)

Raoul, Kwame (Illinois)

Reaves, John Daniel (District of Columbia)

Rios, Rolando Leo (Texas)

Rosborough, Davin McKay (New York)

Rosenblum, Ellen F. (Oregon)

Rovner, Allison (New York)

Ruzzi, Louis P (Maryland)

Safstrom, Jennifer (District of Columbia)

Saldivar, Edgar (Texas)

Saxena, Mayur P (New Jersey)

Shapiro, Joshua D. (Pennsylvania)

Sharifi, Ghazal (Washington)

Smith, Jesse C. (California)

Soueid, Marie (New Jersey)

Stein, Joshua H (North Carolina)

Stern, Heidi Parry (Nevada)

Sullivan, Justin J (Rhode Island)

Thompson, Julio A. (Vermont)

Thomson, Aimee D (Pennsylvania)

Tong, William (Connecticut)

Topaz, Jonathan (New York)

Trento, Andrea William (Maryland)

Vale, Judith Naomi (New York)

VanDam, Jeff (Illinois)

Weiser, Philip J. (Colorado)

Wright, Christian Douglas (Delaware)

Wu, Steven C. (New York)

Attorneys(s) for Defendant

Davis, Elliott M. (District of Columbia)

Joshi, Sopan (District of Columbia)

Mauler, Daniel (District of Columbia)

Oestericher, Jeffrey Stuart (New York)

Other Attorney(s)

Acevedo, Ashleigh K (Texas)

Altman, Jennifer G (Florida)

Amler, James B (District of Columbia)

Backer, Jonathan L. (District of Columbia)

Barbero, Megan (District of Columbia)

Chase-Woods, Dustin James (California)

Clary, Richard W, (New York)

Crain, Lee Ross (New York)

D'Andrea, Gina (District of Columbia)

Ganapathy, Tara (District of Columbia)

Gans, David H. (District of Columbia)

Gebremariam, Helam (New York)

Geltzer, Joshua A. (District of Columbia)

Green, Blaine I (California)

Gross, Adam A (District of Columbia)

Havemann, William Ernest (District of Columbia)

Katyal, Neal Kumar (District of Columbia)

Letter, Douglas (District of Columbia)

Marshak, Amy (District of Columbia)

McCord, Mary B. (District of Columbia)

Morse, Josephine T (District of Columbia)

Nelson, Katherine (District of Columbia)

O'Neil, David A. (District of Columbia)

O'Neill, Laura E (District of Columbia)

Owens, Annie L. (District of Columbia)

Rivaux, Shani (Florida)

Ryan, Antony L. (New York)

Schwartz, Jonathan B (District of Columbia)

Sills, Robert L. (New York)

Southwell, Alexander H. (New York)

Tatelman, Todd B. (District of Columbia)

Wesneski, Joshua Morgan (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

State of New York v. Trump

Sept. 23, 2020 Docket
1 & 1-1

Complaint for Declaratory and Injunctive Relief

State of New York v. Trump

July 24, 2020 Complaint
34

Amended Complaint for Declaratory and Injunctive Relief

State of New York v. Trump

Aug. 3, 2020 Complaint
107-1

Brief of the U.S. House of Representatives as Amicus Curiae in Support of Plaintiffs

State of New York v. Trump

Aug. 14, 2020 Pleading / Motion / Brief
164

Opinion and Order

State of New York v. Trump

485 F.Supp.3d 422, 2020 WL 5422959

Sept. 10, 2020 Order/Opinion
165

Final Judgment and Permanent Injunction

State of New York v. Trump

Sept. 10, 2020 Order/Opinion
180

Opinion and Order

State of New York v. Trump

490 F.Supp.3d 736, 2020 WL 5796815

Sept. 29, 2020 Order/Opinion

Resources

Title Description External URL

Trump v. New York

Supreme Court of the United States

SCOTUS Docket Oct. 20, 2020 https://www.supremecourt.gov/...

2020 Census Litigation

The Brennan Center collected federal cases related to the 2020 census. The cases challenge attempts to add a citizenship question to the census, and allege insufficient funding budgeted for the Burea… https://www.brennancenter.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17380939/state-of-new-york-v-trump/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Bureau of the Census, Steven Dillingham, Wilbur L. Ross Jr., Donald J. Trump, United States Department of Commerce. (Filing Fee $ 400.00, Receipt Number ANYSDC-20838691)Document filed by County of El Paso, County of Cameron, State of Washington, State of Illinois, City of Philadelphia, State of Colorado, Commonwealth of Pennsylvania, State of New York, State of Rhode Island, City and County of San Francisco, State of Oregon, City of New York, City of Phoenix, City of Pittsburgh, State of New Mexico, Commonwealth of Virginia, City of Columbus, State of Michigan, City of Seattle, County of Monterey, State of Minnesota, City of Central Falls, City of Chicago, State of New Jersey, City of Providence, State of Hawaii, State of Connecticut, Commonwealth of Massachusetts, State of Nevada, State of North Carolina, State of Maryland, State of Delaware, County of Hidalgo, State of Vermont, District of Columbia. (Attachments: # 1 Exhibit 1 (Presidential Memorandum of July 21, 2020)).(Colangelo, Matthew) (Entered: 07/24/2020)

1 Exhibit 1 (Presidential Memorandum of July 21, 2020)

View on RECAP

July 24, 2020 RECAP
2

NOTICE OF APPEARANCE by Elena Stacy Goldstein on behalf of State of New York..(Goldstein, Elena) (Entered: 07/24/2020)

July 24, 2020 PACER
3

CIVIL COVER SHEET filed..(Goldstein, Elena) (Entered: 07/24/2020)

July 24, 2020 PACER
4

STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-2921 (JMF). Document filed by State of New York..(Goldstein, Elena) (Entered: 07/24/2020)

July 24, 2020 RECAP
5

NOTICE OF APPEARANCE by Nicholas Matthew McLean on behalf of State of Hawaii..(McLean, Nicholas) (Entered: 07/24/2020)

July 24, 2020 RECAP
6

REQUEST FOR ISSUANCE OF SUMMONS as to Bureau of the Census, re: 1 Complaint,,,,. Document filed by State of New York..(Colangelo, Matthew) (Entered: 07/24/2020)

July 24, 2020 PACER
7

REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Commerce, re: 1 Complaint,,,,. Document filed by State of New York..(Colangelo, Matthew) (Entered: 07/24/2020)

July 24, 2020 PACER
8

REQUEST FOR ISSUANCE OF SUMMONS as to Steven Dillingham, in his official capacity as Director of the United States Census Bureau, re: 1 Complaint,,,,. Document filed by State of New York..(Colangelo, Matthew) (Entered: 07/24/2020)

July 24, 2020 PACER
9

REQUEST FOR ISSUANCE OF SUMMONS as to Wilbur L. Ross Jr., in his official capacity as Secretary of Commerce, re: 1 Complaint,,,,. Document filed by State of New York..(Colangelo, Matthew) (Entered: 07/24/2020)

July 24, 2020 PACER
10

REQUEST FOR ISSUANCE OF SUMMONS as to Donald J. Trump, in his official capacity as President of the United States, re: 1 Complaint,,,,. Document filed by State of New York..(Colangelo, Matthew) (Entered: 07/24/2020)

July 24, 2020 PACER

Notice to Attorney Regarding Party Modification

July 27, 2020 PACER

Case Opening Initial Assignment Notice

July 27, 2020 PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Matthew Colangelo. The party information for the following party/parties has been modified: County of El Paso, County of Cameron, State of Washington, State of Illinois, City of Philadelphia, State of Colorado, Commonwealth of Pennsylvania, State of New York, State of Rhode Island, City and County of San Francisco, State of Oregon, City of New York, City of Phoenix, City of Pittsburgh, State of New Mexico, Commonwealth of Virginia, City of Columbus, State of Michigan, City of Seattle, County of Monterey, State of Minnesota, City of Central Falls, City of Chicago, State of New Jersey, City of Providence, State of Hawaii, State of Connecticut, Commonwealth of Massachusetts, State of Nevada, State of North Carolina, State of Maryland, State of Delaware, County of Hidalgo, State of Vermont, District of Columbia,Bureau of the Census, Steven Dillingham, Wilbur L. Ross Jr., Donald J. Trump, United States Department of Commerce. The information for the party/parties has been modified for the following reason/reasons: party text was removed; do not include party names as party text. (pc)

July 27, 2020 PACER

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

July 27, 2020 PACER

Case Designated ECF

July 27, 2020 PACER

Case Designated ECF. (pc)

July 27, 2020 PACER

Case Referred as Possibly Related/Similar

July 27, 2020 PACER

CASE REFERRED TO Judge Jesse M. Furman as possibly related to 18cv2921. (pc)

July 27, 2020 PACER

Notice Regarding Deficient Motion to Appear Pro Hac vice

July 27, 2020 PACER

Case Accepted as Related

July 27, 2020 PACER

Notice of Case Assignment/Reassignment

July 27, 2020 PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 12 MOTION for Dennis J. Herrera to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20863647. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): AFFIDAVIT IS NOT NOTARIZED;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)

July 27, 2020 PACER

Case Designation

July 27, 2020 PACER
11

NOTICE OF APPEARANCE by Michael Wu-Kung Pfautz on behalf of City of Philadelphia..(Pfautz, Michael) (Entered: 07/27/2020)

July 27, 2020 PACER
12

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Dennis J. Herrera to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20863647. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City and County of San Francisco. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order).(Herrera, Dennis) Modified on 7/27/2020 (vba). (Entered: 07/27/2020)

1 Affidavit

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2 Exhibit Certificate of Good Standing

View on PACER

3 Text of Proposed Order

View on PACER

July 27, 2020 PACER
13

ELECTRONIC SUMMONS ISSUED as to Bureau of the Census..(pc) (Entered: 07/27/2020)

July 27, 2020 PACER
14

ELECTRONIC SUMMONS ISSUED as to Donald J. Trump..(pc) (Entered: 07/27/2020)

July 27, 2020 PACER
15

ELECTRONIC SUMMONS ISSUED as to United States Department of Commerce..(pc) (Entered: 07/27/2020)

July 27, 2020 PACER

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

July 27, 2020 PACER
16

ELECTRONIC SUMMONS ISSUED as to Steven Dillingham..(pc) (Entered: 07/27/2020)

July 27, 2020 PACER

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

July 27, 2020 PACER
17

ELECTRONIC SUMMONS ISSUED as to Wilbur L. Ross Jr...(pc) (Entered: 07/27/2020)

July 27, 2020 PACER

Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb)

July 27, 2020 PACER
18

CONSENT LETTER MOTION for Leave to File motion to permit service of the summons and complaint by email addressed to Judge Jesse M. Furman from Matthew Colangelo dated July 27, 2020. Document filed by State of New York..(Colangelo, Matthew) (Entered: 07/27/2020)

July 27, 2020 RECAP
19

NOTICE OF APPEARANCE by Marie Soueid on behalf of State of New Jersey..(Soueid, Marie) (Entered: 07/27/2020)

July 27, 2020 PACER
20

ORDER granting, on consent, 18 Letter Motion for Leave to Serve Summons and Complaint by Email. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/27/2020)

July 27, 2020 PACER
21

AFFIDAVIT OF SERVICE. Bureau of the Census served on 7/27/2020, answer due 9/25/2020; Steven Dillingham served on 7/27/2020, answer due 9/25/2020; Wilbur L. Ross Jr. served on 7/27/2020, answer due 9/25/2020; Donald J. Trump served on 7/27/2020, answer due 9/25/2020; United States Department of Commerce served on 7/27/2020, answer due 9/25/2020. Document filed by State of New York..(Colangelo, Matthew) (Entered: 07/27/2020)

July 27, 2020 RECAP

Notice Regarding Deficient Motion to Appear Pro Hac Vice

July 27, 2020 PACER

Notice Regarding Deficient Motion to Appear Pro Hac vice

July 28, 2020 PACER
22

NOTICE OF APPEARANCE by Joshua Perry on behalf of State of Connecticut..(Perry, Joshua) (Entered: 07/28/2020)

July 28, 2020 PACER
23

NOTICE OF APPEARANCE by Aimee D. Thomson on behalf of Commonwealth of Pennsylvania..(Thomson, Aimee) (Entered: 07/28/2020)

July 28, 2020 PACER
24

ORDER: Yesterday, the S.D.N.Y. Assignment Committee determined that, pursuant to Rule 13 of the S.D.N.Y. Rules for the Division of Business Among District Judges, these two cases should be assigned to the undersigned as related to State of New York v. U.S. Department of Commerce, 18-CV-2921 (JMF).... Given the time sensitivities involved with the issues in this case, and the inability to safely convene for an in-person conference in light of the COVID-19 pandemic, the Court will hold an initial pretrial conference with all parties by telephone on Thursday, August 13, 2020, at 2:15 p.m.... (See ORDER.) (Signed by Judge Jesse M. Furman on 7/28/2020) (ab) (Entered: 07/28/2020)

July 28, 2020 RECAP
25

NOTICE OF APPEARANCE by Matthew Timothy Jerzyk on behalf of City of Central Falls..(Jerzyk, Matthew) (Entered: 07/28/2020)

July 28, 2020 PACER
26

NOTICE OF APPEARANCE by Benjamin Daniel Battles on behalf of State of Vermont..(Battles, Benjamin) (Entered: 07/28/2020)

July 28, 2020 PACER
27

LETTER addressed to Judge Jesse M. Furman from Matthew Colangelo dated July 28, 2020 re: proof of service to Defendants' counsel of the Court's July 28, 2020 Order. Document filed by State of New York. (Attachments: # 1 Exhibit 1).(Colangelo, Matthew) (Entered: 07/28/2020)

1 Exhibit 1

View on PACER

July 28, 2020 RECAP
28

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jacob Campion to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20888526. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Minnesota. (Attachments: # 1 Affidavit, # 2 Exhibit Good Standing).(Campion, Jacob) Modified on 7/28/2020 (vba). (Entered: 07/28/2020)

1 Affidavit

View on PACER

2 Exhibit Good Standing

View on PACER

July 28, 2020 PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 28 MOTION for Jacob Campion to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20888526. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Proposed Order; AFFIDAVIT NOT NOTARIZED;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)

July 28, 2020 PACER
29

NOTICE OF APPEARANCE by Aaron Michael Bloom on behalf of City of New York..(Bloom, Aaron) (Entered: 07/28/2020)

July 28, 2020 PACER

Order on Motion for Leave to File Document

July 28, 2020 PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

July 28, 2020 PACER
30

NOTICE OF APPEARANCE by Fiona Jeannette Kaye on behalf of State of New York..(Kaye, Fiona) (Entered: 07/31/2020)

July 31, 2020 PACER
31

LETTER addressed to Judge Jesse M. Furman from Matthew Colangelo dated July 31, 2020 re: Plaintiffs' joint notice regarding intent to seek relief. Document filed by State of New York..(Colangelo, Matthew) (Entered: 07/31/2020)

July 31, 2020 RECAP
32

ORDER: In light of Plaintiffs' joint letter of earlier today, see 20-CV-5770 (JMF), ECF No. 31, the initial pretrial conference in these cases which will be held remotely by telephone is RESCHEDULED for Wednesday, August 5, 2020, at 9:30 a.m. The deadline for the parties' joint letter required by the Court's Order of July 28, 2020, see 20-CV-5770 (JMF), ECF No. 24, is MOVED to Monday, August 3, 2020, at 5:00 p.m... Members of the public and any counsel who will not have a speaking role during the conference may access the conference by calling 888-363-4749 and using access code 5421540#. That line will be on listen-only mode that is, all callers will be muted. (See ORDER.) (Signed by Judge Jesse M. Furman on 7/31/2020) (ab) (Entered: 07/31/2020)

July 31, 2020 RECAP
33

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Matthew T. Jerzyk to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Central Falls. (Attachments: # 1 Text of Proposed Order).(Jerzyk, Matthew) Modified on 8/3/2020 (bcu). (Entered: 07/31/2020)

1 Text of Proposed Order

View on PACER

July 31, 2020 PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. 33 MOTION for Matthew T. Jerzyk to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the filing fee was not paid; Attorney Affidavit not notarized. PLease rsubmit and make sure your affidavit is notarized.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (bcu)

Aug. 3, 2020 PACER

Notice Regarding Deficient Motion to Appear Pro Hac vice

Aug. 3, 2020 PACER
34

AMENDED COMPLAINT amending 1 Complaint,,,, against Bureau of the Census, Steven Dillingham, Wilbur L. Ross Jr., Donald J. Trump, United States Department of Commerce.Document filed by County of El Paso, County of Cameron, State of Washington, State of Illinois, City of Philadelphia, State of Colorado, Commonwealth of Pennsylvania, State of New York, State of Rhode Island, City and County of San Francisco, State of Oregon, City of New York, City of Phoenix, City of Pittsburgh, State of New Mexico, Commonwealth of Virginia, City of Columbus, State of Michigan, City of Seattle, County of Monterey, State of Minnesota, City of Central Falls, City of Chicago, State of New Jersey, City of Providence, State of Hawaii, State of Connecticut, Commonwealth of Massachusetts, State of Nevada, State of North Carolina, State of Maryland, State of Delaware, County of Hidalgo, State of Vermont, District of Columbia, United States Conference of Mayors, State of Maine, State of Wisconsin, Howard County. Related document: 1 Complaint,,,,. (Attachments: # 1 Exhibit 1 (Presidential Memorandum)).(Goldstein, Elena) (Entered: 08/03/2020)

1 Exhibit 1 (Presidential Memorandum)

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Aug. 3, 2020 RECAP
35

NOTICE OF APPEARANCE by Morenike Fajana on behalf of State of New York..(Fajana, Morenike) (Entered: 08/03/2020)

Aug. 3, 2020 PACER
36

NOTICE OF APPEARANCE by Allison Rovner on behalf of Bureau of the Census, Steven Dillingham, Wilbur L. Ross Jr., Donald J. Trump, United States Department of Commerce..(Rovner, Allison) (Entered: 08/03/2020)

Aug. 3, 2020 PACER
37

LETTER addressed to Judge Jesse M. Furman from AUSA Allison Rovner dated August 3, 2020 re: joint submission for initial conference. Document filed by Bureau of the Census, Steven Dillingham, Wilbur L. Ross Jr., Donald J. Trump, United States Department of Commerce..(Rovner, Allison) (Entered: 08/03/2020)

Aug. 3, 2020 RECAP
38

NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of Bureau of the Census, Steven Dillingham, Wilbur L. Ross Jr., Donald J. Trump, United States Department of Commerce..(Oestericher, Jeffrey) (Entered: 08/03/2020)

Aug. 3, 2020 PACER
39

NOTICE OF APPEARANCE by Heidi Parry Stern on behalf of State of Nevada..(Stern, Heidi) (Entered: 08/03/2020)

Aug. 3, 2020 PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

Aug. 3, 2020 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 40 AMENDED MOTION for Jacob Campion to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., 41 MOTION for Vanessa L. Kassab to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20988981. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Aug. 4, 2020 PACER

Notice Regarding Deficient Motion to Appear Pro Hac vice

Aug. 4, 2020 PACER

Notice Regarding Pro Hac Vice Motion

Aug. 4, 2020 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 42 MOTION for Jeffrey VanDam to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20990169. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Aug. 4, 2020 PACER
40

AMENDED MOTION for Jacob Campion to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Minnesota. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order).(Campion, Jacob) (Entered: 08/04/2020)

1 Affidavit

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2 Text of Proposed Order

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Aug. 4, 2020 PACER
41

MOTION for Vanessa L. Kassab to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20988981. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Delaware..(Kassab, Vanessa) (Entered: 08/04/2020)

Aug. 4, 2020 PACER
42

MOTION for Jeffrey VanDam to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20990169. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Illinois. (Attachments: # 1 Affidavit in Support of Motion for Admission for Pro Hac Vice, # 2 Exhibit 1 - Certificate of Good Standing, # 3 Text of Proposed Order for Admission Pro Hac Vice).(VanDam, Jeffrey) (Entered: 08/04/2020)

1 Affidavit in Support of Motion for Admission for Pro Hac Vice

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2 Exhibit 1 - Certificate of Good Standing

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3 Text of Proposed Order for Admission Pro Hac Vice

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Aug. 4, 2020 PACER
43

ORDER re: (42 in 1:20-cv-05781-JMF) Letter, filed by Wilbur L. Ross, Jr., United States Department of Commerce, Bureau of the Census, Donald J. Trump, Steven Dillingham, (37 in 1:20-cv-05770-JMF) Letter, filed by United States Department of Commerce, Bureau of the Census, Wilbur L. Ross Jr., Steven Dillingham, Donald J. Trump. In their joint later dated August 3, 2020, the parties state that they agree that 20 Civ. 5770 and 20 Civ. 5781 should be consolidated pursuant to Fed. R. Civ. P. 42(a)(2). 20-CV- 5770, ECF No. 37, at 1; 20-CV-5781, ECF No. 42, at 1. In light of that, and because the actions involve common questions of law and fact, it is hereby ORDERED that, pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, the two cases are consolidated under the case number 20-CV-5770 (JMF). The Clerk of Court is directed to consolidate 20- CV-5770 (JMF) and 20-CV-5781 (JMF) under case number 20-CV-5770 (JMF), and to close 20-CV-5781 (JMF). All future filings should be in 20-CV-5770 (JMF) alone. (Signed by Judge Jesse M. Furman on 8/4/2020) Filed In Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF (nb) (Entered: 08/04/2020)

Aug. 4, 2020 RECAP

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 44 MOTION for Matthew T. Jerzyk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20992824. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Aug. 4, 2020 PACER
44

MOTION for Matthew T. Jerzyk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20992824. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Central Falls. (Attachments: # 1 Text of Proposed Order).(Jerzyk, Matthew) (Entered: 08/04/2020)

1 Text of Proposed Order

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Aug. 4, 2020 PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 45 MOTION for Jennifer M. Jackson to Appear Pro Hac Vice for State of Michigan. Filing fee $ 200.00, receipt number ANYSDC-20992753. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Michigan. We do not accept certificates from a state bar registration coming from this state.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)

Aug. 4, 2020 PACER
45

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jennifer M. Jackson to Appear Pro Hac Vice for State of Michigan. Filing fee $ 200.00, receipt number ANYSDC-20992753. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Michigan. (Attachments: # 1 Affidavit Affidavit in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order).(Jackson, Jennifer) Modified on 8/4/2020 (bcu). (Entered: 08/04/2020)

1 Affidavit Affidavit in Support of Motion for Admission Pro Hac Vice

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2 Exhibit Certificate of Good Standing

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3 Text of Proposed Order Proposed Order

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Aug. 4, 2020 PACER
46

NOTICE OF APPEARANCE by Brian Alexander de Haan on behalf of State of Oregon..(de Haan, Brian) (Entered: 08/04/2020)

Aug. 4, 2020 PACER
47

MOTION for Erin L. Kuka to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20993659. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City and County of San Francisco. (Attachments: # 1 DECLARATION OF ERIN L. KUKA IN SUPPORT OF MOTION TO ADMIT COUNSEL PRO HAC VICE, # 2 Exhibit Ceritficat of Good Standing - CA, # 3 Exhibit Certificate of Good Standing - HI, # 4 Text of Proposed Order).(Kuka, Erin) (Entered: 08/04/2020)

1 DECLARATION OF ERIN L. KUKA IN SUPPORT OF MOTION TO ADMIT COUNSEL PRO HAC VICE

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2 Exhibit Ceritficat of Good Standing - CA

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3 Exhibit Certificate of Good Standing - HI

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4 Text of Proposed Order

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Aug. 4, 2020 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 47 MOTION for Erin L. Kuka to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20993659. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Aug. 4, 2020 PACER
48

ORDER granting 40 Motion for Jacob Campion to Appear Pro Hac Vice; granting 41 Motion for Vanessa L. Kassab to Appear Pro Hac Vice; granting 42 Motion for Jeffrey VanDam to Appear Pro Hac Vice; granting 44 Motion for Matthew T. Jerzyk to Appear Pro Hac Vice; granting 47 Motion for Erin L. Kuka to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 08/04/2020)

Aug. 4, 2020 PACER
49

MOTION for Laura K. Clinton to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Washington. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Supplement Certificate of Good Standing).(Clinton, Laura) (Entered: 08/04/2020)

1 Affidavit

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2 Text of Proposed Order

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3 Supplement Certificate of Good Standing

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Aug. 4, 2020 PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

Aug. 4, 2020 PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

Aug. 4, 2020 PACER

Pretrial Conference - Initial

Aug. 5, 2020 PACER

Notice Regarding Pro Hac Vice Motion

Aug. 5, 2020 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 51 MOTION for Dennis J. Herrera to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., 49 MOTION for Laura K. Clinton to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Aug. 5, 2020 PACER

Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held via teleconference on 8/5/2020. Matthew Colangelo (Liaison Counsel), Elena Goldstein (for State of N.Y.), Dale Ho (for N.Y.I.C.) present for Plaintiffs. Allison Rovner (Liaison Counsel) and Jeffrey Oestericher present for Defendants. Court reporter present. -- See transcript. Associated Cases: 1:20-cv-05770-JMF, 1:20-cv-05781-JMF (ab)

Aug. 5, 2020 PACER

Notice Regarding Deficient Motion to Appear Pro Hac vice

Aug. 5, 2020 PACER
50

NOTICE OF APPEARANCE by Ian R. Kaplan on behalf of County of El Paso..(Kaplan, Ian) (Entered: 08/05/2020)

Aug. 5, 2020 PACER
51

MOTION for Dennis J. Herrera to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City and County of San Francisco. (Attachments: # 1 Declaration of Dennis J. Herrera in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order).(Herrera, Dennis) (Entered: 08/05/2020)

1 Declaration of Dennis J. Herrera in Support of Motion to Admit Counsel Pro Hac

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2 Exhibit Certificate of Good Standing

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3 Text of Proposed Order

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Aug. 5, 2020 PACER
52

ORDER granting 49 Motion for Laura K. Clinton to Appear Pro Hac Vice; granting 51 Motion for Dennis J. Herrera to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 08/05/2020)

Aug. 5, 2020 PACER
53

ORDER, As stated on the record during today's telephone conference, the Court adopts the following deadlines: No later than today, August 5, 2020, (1) the NYIC Plaintiffs shall file an amended complaint and (2) Plaintiffs shall file a request for a panel of three judges pursuant to 28 U.S.C. ยง 2284. No later August 6, 2020, Defendants shall file a letter with the Court indicating their position on the request for a three-judge panel. No later than August 7, 2020, Plaintiffs shall file their motion for summary judgment, or in the alternative, for a preliminary injunction. Their memorandum of law may not exceed fifty-five pages. No later than August 17, 2020, Defendants shall file their combined opposition to Plaintiffs' motion(s) and their cross-motion to dismiss. Their memorandum of law may not exceed fifty-five pages. No later than August 24, 2020, Plaintiffs shall file a combined reply in support of their motion(s) and opposition to Defendants' cross-motion. Their memorandum of law may not exceed thirty pages. No later than August 27, 2020, Defendants shall file any reply in support of their cross-motion, which may not exceed ten pages. SO ORDERED. ( Amended Pleadings due by 8/5/2020., Cross Motions due by 8/17/2020., Motions due by 8/7/2020., Responses due by 8/24/2020, Replies due by 8/27/2020.) (Signed by Judge Jesse M. Furman on 8/5/20) (yv) (Entered: 08/05/2020)

Aug. 5, 2020 RECAP
54

MOTION for Steven C. Kilpatrick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21015127. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Wisconsin. (Attachments: # 1 Affidavit Affidavit of Steven C. Kilpatrick In Support of Motion for Admission Pro Hac Vice, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Text of Proposed Order).(Kilpatrick, Steven) (Entered: 08/05/2020)

1 Affidavit Affidavit of Steven C. Kilpatrick In Support of Motion for Admission P

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2 Exhibit Certificate of Good Standing

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3 Text of Proposed Order Text of Proposed Order

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Aug. 5, 2020 PACER
55

MOTION for ERIC R. OLSON to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21015172. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Colorado. Return Date set for 8/5/2020 at 05:00 PM. (Attachments: # 1 Affidavit Affidavit for Admission Pro Hac Vice, # 2 Certificate of Good Standing, # 3 Proposed Order for Admission Pro Hac Vice).(Olson, Eric) (Entered: 08/05/2020)

1 Affidavit Affidavit for Admission Pro Hac Vice

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2 Certificate of Good Standing

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3 Proposed Order for Admission Pro Hac Vice

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Aug. 5, 2020 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 54 MOTION for Steven C. Kilpatrick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21015127. Motion and supporting papers to be reviewed by Clerk's Office staff., 55 MOTION for ERIC R. OLSON to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21015172. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Aug. 5, 2020 PACER
56

MOTION for William M. Litt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21015224. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by County of Monterey. (Attachments: # 1 Exhibit Declaration of William M. Litt, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order).(Litt, William) (Entered: 08/05/2020)

1 Exhibit Declaration of William M. Litt

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2 Exhibit Certificate of Good Standing

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3 Text of Proposed Order

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Aug. 5, 2020 PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 56 MOTION for William M. Litt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21015224. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)

Aug. 5, 2020 PACER
57

FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending 1 Complaint against American-Arab Anti-Discrimination Committee, Make the Road New York, Casa, CASA, ADC Research Institute, New York Immigration Coalition.Document filed by American-Arab Anti-Discrimination Committee, Make the Road New York, Casa, CASA, ADC Research Institute, New York Immigration Coalition. Related document: 1 Complaint.(Ho, Dale) Modified on 8/6/2020 (sj). (Entered: 08/05/2020)

Aug. 5, 2020 RECAP
58

LETTER MOTION for Leave to File Plaintiffs' request for a statutory three-judge court pursuant to 28 U.S.C. 2284 addressed to Judge Jesse M. Furman from Matthew Colangelo dated August 5, 2020. Document filed by State of New York..(Colangelo, Matthew) (Entered: 08/05/2020)

Aug. 5, 2020 RECAP

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

Aug. 5, 2020 PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

Aug. 5, 2020 PACER

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 24, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

State and local governments, and immigration advocacy and nonprofit organizations.

Plaintiff Type(s):

City/County Plaintiff

Non-profit NON-religious organization

State Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

New York Civil Liberties Union (NYCLU)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Bureau of the Census, Federal

Director of the United States Census Bureau, Federal

President of the United States, Federal

Secretary of Commerce, Federal

United States Department of Commerce, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

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

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Enumerations Clause

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General:

Disparate Treatment

Funding

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

Discrimination-basis:

Immigration status

National origin discrimination

Race discrimination

Immigration/Border:

Status/Classification

Undocumented immigrants - rights and duties