Case: Haitian-Americans United v. Trump

1:20-cv-11421 | U.S. District Court for the District of Massachusetts

Filed Date: July 27, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about President Trump’s July 21, 2020 memorandum titled “Excluding Illegal Aliens from the Apportionment Base Following the 2020 Census” to the Secretary of Commerce. This memo instructed the 2020 Census to exclude undocumented immigrants from the population data created for the purposes of congressional apportionment. Many felt this action was taken to deter participation by immigrant communities and communities of color in the 2020 Census, which would in turn deprive these comm…

This is a case about President Trump’s July 21, 2020 memorandum titled “Excluding Illegal Aliens from the Apportionment Base Following the 2020 Census” to the Secretary of Commerce. This memo instructed the 2020 Census to exclude undocumented immigrants from the population data created for the purposes of congressional apportionment. Many felt this action was taken to deter participation by immigrant communities and communities of color in the 2020 Census, which would in turn deprive these communities of the political representation and federal financial resources to which they are entitled, and filed suit as a result.

In response to the memo, Haitian-Americans United, Inc., Brazilian Worker Center, Chelsea Collaborative, Inc. and Centro Presente—all non-profits serving immigrants of color across Massachusetts—filed this lawsuit in the U.S. District Court for the District Of Massachusetts on July 27, 2020. The plaintiffs sued President Trump, the U.S. Department of Commerce, the U.S. Bureau of the Census, Director of the U.S. Census Bureau Steven Dillingham, and Secretary of the Department of Commerce Wilbur Ross under the Administrative Procedure Act and 42 U.S.C. § 1985. Specifically, the plaintiffs alleged that the memo violated Article I, Section 2 of Constitution which specifies that congressional apportionment must be based on a total count of all persons because excluding undocumented residents will not result in the required of an "actual enumermation" of all persons and will chill immigrant participation in the 2020 census. The plaintiffs also alleged that the memo violated the right to equal protection as guaranteed by the Fifth Amendment becuase the memo "is motivated by racial animus towards immigrants of color, non-US citizens, foreign-born individuals, and undocumented individuals. The plaintiffs further argued that the President and the Secretary of Commerce have conspired to violate immigrants' and non-citizens' right to equal protection. Represented by Lawyers for Civil Rights, the plaintiffs sought declaratory relief that the memo was unconstitutional and that any compliance with the memo's instructions to the Census Bureau to produce tabulations of population data excluding undocumented residents for congressional apportionment violated the Administrative Procedure Act, and injunctive relief preventing the defendants from providing information to the President that would permit him to exclude undocumented immigrants from the congressional apportionment base. In addition, the plaintiffs sought costs and reasonable attorneys’ fees. The case was assigned to Judge Douglas P. Woodlock.

On September 4, 2020, the plaintiffs filed an application for a three-judge court because Section 2284(a) requires the appointment of a three-judge court in actions challenging “the constitutionality of the apportionment of congressional districts.” On September 11, 2020 Judge Woodlock granted the plaintiffs’ application. Judge Bruce M. Selya and Judge Patti B. Saris were appointed to the three judge panel alongside Judge Woodlock. As of September 26, 2020, this case is ongoing and the defendants have yet to file an answer.

Summary Authors

Zoe Van Dyke (9/26/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/18428788/parties/haitian-americans-united-inc-v-trump/


Judge(s)

Woodlock, Douglas Preston (Massachusetts)

Attorneys(s) for Plaintiff

Curran, Patrick M. Jr. (Massachusetts)

McKittrick, Neil V. (Massachusetts)

Rao, Anna B. (Massachusetts)

Sampson, Lauren (Massachusetts)

Sellstrom, Oren M (Massachusetts)

Attorneys(s) for Defendant

Davis, Elliott M. (District of Columbia)

Judge(s)

Woodlock, Douglas Preston (Massachusetts)

Attorneys(s) for Plaintiff

Curran, Patrick M. Jr. (Massachusetts)

McKittrick, Neil V. (Massachusetts)

Rao, Anna B. (Massachusetts)

Sampson, Lauren (Massachusetts)

Sellstrom, Oren M (Massachusetts)

Attorneys(s) for Defendant

Davis, Elliott M. (District of Columbia)

Documents in the Clearinghouse

Document

1:20-cv-11421

Docket

Sept. 11, 2020

Sept. 11, 2020

Docket
1

1:20-cv-11421

Complaint for Declaratory and Injunctive Relief

July 27, 2020

July 27, 2020

Complaint
8

1:20-cv-11421

Memorandum in Support of Plaintiffs' Application for the Appointment of a Three-Judge Court

Sept. 4, 2020

Sept. 4, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18428788/haitian-americans-united-inc-v-trump/

Last updated Aug. 28, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-8347289 (Fee Status: Filing Fee paid), filed by Brazilian Worker Center, Centro Presente, Chelsea Collaborative, Inc., Haitian-Americans United, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement Category Form)(Sampson, Lauren) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
2

ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
3

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Coppola, Katelyn) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
4

NOTICE of Appearance by Neil V. McKittrick on behalf of Brazilian Worker Center, Centro Presente, Chelsea Collaborative, Inc., Haitian-Americans United, Inc. (McKittrick, Neil) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
5

NOTICE of Appearance by Patrick M. Curran, Jr on behalf of Brazilian Worker Center, Centro Presente, Chelsea Collaborative, Inc., Haitian-Americans United, Inc. (Curran, Patrick) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
6

NOTICE of Appearance by Anna B. Rao on behalf of Brazilian Worker Center, Centro Presente, Chelsea Collaborative, Inc., Haitian-Americans United, Inc. (Rao, Anna) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
7

MOTION Application for Appointment of a Three-Judge Court by Brazilian Worker Center, Centro Presente, Chelsea Collaborative, Inc., Haitian-Americans United, Inc.. (Attachments: # 1 Exhibit Exhibit A - Proposed Order)(Curran, Patrick) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
8

MEMORANDUM in Support re 7 MOTION Application for Appointment of a Three-Judge Court filed by Brazilian Worker Center, Centro Presente, Chelsea Collaborative, Inc., Haitian-Americans United, Inc.. (Attachments: # 1 Tab 1, # 2 Tab 2)(Curran, Patrick) (Entered: 09/04/2020)

1 Tab 1

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2 Tab 2

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Sept. 4, 2020

Sept. 4, 2020

RECAP
9

NOTICE of Appearance by Elliott M. Davis on behalf of Steven Dillingham, Wilbur Louis Ross, Jr, Donald J. Trump, United States Bureau of the Census, United States Department of Commerce (Davis, Elliott) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
10

Judge Douglas P. Woodlock: ELECTRONIC ORDER granting 7 Plaintiffs' Application for Appointment of a Three-Judge Court. (Beatty, Barbara) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
13

Chief Circuit Judge Jeffrey R. Howard order entered. ORDERED, pursuant to 28 U.S.C. ยง 2284, that the Honorable Bruce M. Selya, Circuit Judge, United States Court of Appeals for the First Circuit, and the Honorable Patti B. Saris, Judge, United States District Court for the District of Massachusetts, are hereby designated to serve with the Honorable Douglas P. Woodlock as members of the court to hear and determine this case. (McDonagh, Christina) (Entered: 09/16/2020)

Sept. 11, 2020

Sept. 11, 2020

RECAP

Order on Motion for Miscellaneous Relief

Sept. 11, 2020

Sept. 11, 2020

PACER
11

NOTICE OF INITIAL SCHEDULING CONFERENCE:This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Scheduling Conference is SCHEDULED for 9/15/2020 at 12:00 p.m. before Judge Douglas P. Woodlock. (Beatty, Barbara) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
12

Clerk's Notes for Initial Scheduling Conference held via Zoom before Judge Douglas P. Woodlock: Court discusses current posture of the case. Counsel to appear before Judge Koh (N.D. of California) on 9/17/2020. Parties to file proposed briefing schedule for this case within two days after the disposition of the interlocutory relief sought before Judge Koh. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Sampson, McKittrick, Curran, Davis, Rosenberg) (Beatty, Barbara) (Entered: 09/16/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
14

ELECTRONIC NOTICE of Assignment of Three Judge Panel Judge Bruce M. Selya and Judge Patti B. Saris added. (McDonagh, Christina) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
15

NOTICE by Steven Dillingham, Wilbur Louis Ross, Jr, Donald J. Trump, United States Bureau of the Census, United States Department of Commerce re 12 Scheduling Conference,, Joint Notice of Proposed Briefing Schedule (Davis, Elliott) (Entered: 09/27/2020)

Sept. 27, 2020

Sept. 27, 2020

PACER
16

Judge Douglas P. Woodlock: ORDER entered. SCHEDULING ORDER: Defendants' motion to dismiss, not to exceed 50 pages, to be filed by 10/7/20. Any amicus briefs in support of defendants, not to exceed 25 pages, to be filed by 10/9/20. Plaintiffs' opposition to motion to dismiss, not to exceed 50 pages, to be filed by 10/21/20. Any amicus briefs in support of plaintiffs, not to exceed 25 pages, to be filed by 10/23/20. Defendants' reply brief in further support of motion to dismiss, not to exceed 25 pages, to be filed by 10/28/20.(Hourihan, Lisa) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER

Scheduling Order

Sept. 28, 2020

Sept. 28, 2020

PACER
17

NOTICE of Appearance by Oren M. Sellstrom on behalf of Brazilian Worker Center, Centro Presente, Chelsea Collaborative, Inc., Haitian-Americans United, Inc. (Sellstrom, Oren) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
18

MOTION to Expedite Discovery by Brazilian Worker Center, Centro Presente, Chelsea Collaborative, Inc., Haitian-Americans United, Inc..(Curran, Patrick) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

RECAP
19

MEMORANDUM in Support re 18 MOTION to Expedite Discovery filed by Brazilian Worker Center, Centro Presente, Chelsea Collaborative, Inc., Haitian-Americans United, Inc.. (Curran, Patrick) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
20

AFFIDAVIT in Support re 18 MOTION to Expedite Discovery . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Curran, Patrick) (Entered: 09/30/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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Sept. 30, 2020

Sept. 30, 2020

PACER
21

EXHIBIT re 18 MOTION to Expedite Discovery by Brazilian Worker Center, Centro Presente, Chelsea Collaborative, Inc., Haitian-Americans United, Inc.. (Curran, Patrick) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
22

EXHIBIT re 18 MOTION to Expedite Discovery by Brazilian Worker Center, Centro Presente, Chelsea Collaborative, Inc., Haitian-Americans United, Inc.. (Curran, Patrick) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
23

EXHIBIT re 19 Memorandum in Support of Motion by Brazilian Worker Center, Centro Presente, Chelsea Collaborative, Inc., Haitian-Americans United, Inc.. (Curran, Patrick) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
24

Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting in part 18 Motion to Expedite Discovery; defendants are directed to file a response on or before 5 p.m. Wednesday, October 7, 2020. (Woodlock, Douglas) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER

Order on Motion to Expedite

Oct. 1, 2020

Oct. 1, 2020

PACER
25

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 10/21/2020) by Steven Dillingham, Wilbur Louis Ross, Jr, Donald J. Trump, United States Bureau of the Census, United States Department of Commerce.(Davis, Elliott) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
26

MEMORANDUM in Support re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Steven Dillingham, Wilbur Louis Ross, Jr, Donald J. Trump, United States Bureau of the Census, United States Department of Commerce. (Davis, Elliott) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
27

MEMORANDUM in Opposition re 18 MOTION to Expedite Discovery filed by Steven Dillingham, Wilbur Louis Ross, Jr, Donald J. Trump, United States Bureau of the Census, United States Department of Commerce. (Attachments: # 1 Exhibit A - Jurisdictional Statement in Trump v. New York (S. Ct. No. 20-366))(Davis, Elliott) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
28

MOTION for Leave to File Reply In Support of Their Motion for Limited Expedited Discovery (UNOPPOSED) by Brazilian Worker Center, Centro Presente, Chelsea Collaborative, Inc., Haitian-Americans United, Inc.. (Attachments: # 1 Exhibit 1)(Curran, Patrick) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
29

Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting 28 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Woodlock, Douglas) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
30

REPLY to Response to 18 MOTION to Expedite Discovery filed by Brazilian Worker Center, Centro Presente, Chelsea Collaborative, Inc., Haitian-Americans United, Inc.. (Curran, Patrick) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER

Order on Motion for Leave to File Document

Oct. 9, 2020

Oct. 9, 2020

PACER
31

NOTICE OF HEARING on 18 Motion for Limited Expedited Discovery. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 10/16/2020 at 3:00 p.m. in Remote Proceeding from Boston before Judge Douglas P. Woodlock. (Beatty, Barbara) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER

Notice Setting or Resetting Hearing on Motion

Oct. 13, 2020

Oct. 13, 2020

PACER
32

Notice of Supplemental Authorities re 18 MOTION to Expedite Discovery, 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Exhibit A - Order in Ross v. National Urban League (S. Ct. Oct. 13, 2020), # 2 Exhibit B - Census Bureau Statement)(Davis, Elliott) (Entered: 10/14/2020)

1 Exhibit A - Order in Ross v. National Urban League (S. Ct. Oct. 13, 2020)

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2 Exhibit B - Census Bureau Statement

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Oct. 14, 2020

Oct. 14, 2020

PACER
33

NOTICE OF MOTION HEARING - Hearing on 25 Defendants' Motion to Dismiss: This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing is SCHEDULED for 11/2/2020 at 11:00 a.m. in Remote Proceeding from Boston before Judge Bruce M. Selya, Judge Douglas P. Woodlock and Judge Patti B. Saris. (Beatty, Barbara) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER

Notice Setting or Resetting Hearing on Motion

Oct. 15, 2020

Oct. 15, 2020

PACER
34

Clerk's Notes for Motion Hearing held via Zoom before Judge Douglas P. Woodlock: Court raises the issue of whether a three judge court is appropriate for this case in light of developed case law most recently considered, for example, in Alabama v. United States Dept of Commerce 2020 WL 5994259 (N.D. Ala. Oct. 9, 2020). Parties are to state their respective positions on the merits, and not as a matter of inclination to contest, this jurisdictional issue as reflected in the currently pending pleadings in this case and shall thoroughly brief this issue in accordance with the following schedule: Defendants no later than 10/23/2020 and Plaintiffs no later than 10/28/2020. Plaintiffs raise prospect they may file an amended complaint next week. Further briefing regarding three judge court treatment of the case under amended pleadings may be anticipated. Court DENIES 18 Plaintiffs' Motion for Limited Expedited Discovery. Hearing on 25 Defendants' Motion to Dismiss remains scheduled for 11/2/2020 pending filing of amended complaint. In the event of an amended complaint is filed, the parties shall file a scheduling proposal no later than 11/2/2020. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Sampson, McKittrick, Sellstrom, Curran, Davis) (Beatty, Barbara) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER

Hearing - Other

Oct. 16, 2020

Oct. 16, 2020

PACER
35

AMENDED COMPLAINT against All Defendants, filed by Brazilian Worker Center, Centro Presente, Chelsea Collaborative, Inc., Haitian-Americans United, Inc., Gladys Vega, Norieliz DeJesus, Roy Avellaneda, Dieufort Fleurissaint, Martha Flores, Jessica Armijo.(Curran, Patrick) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
36

MEMORANDUM OF LAW by Steven Dillingham, Wilbur Louis Ross, Jr, Donald J. Trump, United States Bureau of the Census, United States Department of Commerce to 34 Hearing (Other),,,,,. (Davis, Elliott) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER
37

MEMORANDUM OF LAW by Jessica Armijo, Roy Avellaneda, Brazilian Worker Center, Centro Presente, Chelsea Collaborative, Inc., Norieliz DeJesus, Dieufort Fleurissaint, Martha Flores, Haitian-Americans United, Inc., Gladys Vega. (Curran, Patrick) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
38

NOTICE OF STATUS/SCHEDULING CONFERENCE. In light of the filing of an Amended Complaint, the Hearing on the Motion to Dismiss is CANCELED and instead the Court will conduct a Status/ Scheduling Conference.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Status/Scheduling Conference is SCHEDULED for 11/2/2020 at 11:00 a.m. in Remote Proceeding : Boston before Judge Douglas P. Woodlock. (Beatty, Barbara) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER

Notice of Hearing

Oct. 29, 2020

Oct. 29, 2020

PACER
39

NOTICE OF RESCHEDULING (TIME ONLY) STATUS CONFERENCE - Status Conference is RESCHEDULED, as to time only, until 2:00 p.m. on 11/2/2020 in Remote Proceeding : Boston before Judge Douglas P. Woodlock. (Beatty, Barbara) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER

Notice of Rescheduling

Oct. 30, 2020

Oct. 30, 2020

PACER
40

Joint MOTION to Stay Proceedings by Jessica Armijo, Roy Avellaneda, Brazilian Worker Center, Centro Presente, Chelsea Collaborative, Inc., Norieliz DeJesus, Dieufort Fleurissaint, Martha Flores, Haitian-Americans United, Inc., Gladys Vega. (Attachments: # 1 Text of Proposed Order)(Curran, Patrick) (Entered: 11/02/2020)

1 Text of Proposed Order

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Nov. 2, 2020

Nov. 2, 2020

RECAP
41

Joint MEMORANDUM in Support re 40 Joint MOTION to Stay Proceedings filed by Jessica Armijo, Roy Avellaneda, Brazilian Worker Center, Centro Presente, Chelsea Collaborative, Inc., Norieliz DeJesus, Dieufort Fleurissaint, Martha Flores, Haitian-Americans United, Inc., Gladys Vega. (Curran, Patrick) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

RECAP
42

Clerk Notes from Status Hearing held via Zoom before Judge Douglas P. Woodlock. Court is in receipt of Joint Motion to Stay Proceedings 40 and discusses the procedural status of parallel actions in other jurisdictions. Judge Woodlock orally GRANTS motion to stay and indicates the Court will shortly enter a brief written per curiam stay order setting limits to the term of the stay. Parties to notify the court of any further substantive court actions or substantive submissions of the parties docketed in any of the parallel presidential memoranda and/or census procedure cases. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Sampson, McKitttrick, Curran, Davis) (Beatty, Barbara) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
43

Judge Douglas P. Woodlock: ORDER entered finding as moot 25 Defendant's Motion to Dismiss, in light of the Amended Complaint 35 having been filed. (Beatty, Barbara) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER

Status Conference AND Order on Motion to Stay

Nov. 2, 2020

Nov. 2, 2020

PACER

Order on Motion to Stay AND Status Conference

Nov. 2, 2020

Nov. 2, 2020

PACER

Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion to Dismiss for Failure to State a Claim

Nov. 2, 2020

Nov. 2, 2020

PACER
44

Judge Douglas P. Woodlock: ORDER entered. This case is hereby STAYED, and it is FURTHER ORDERED,That this STAY shall remain in effect pending the earlier of further Order of this Court or the resolution of the appeal in Trump v. New York, (S. Ct. No. 20-366), following which the parties shall submit, within two weeks of the lifting of the Stay, a joint status report regarding future proceedings in this case and proposing a schedule for the pursuit of any such proceedings. (McDonagh, Christina) (Entered: 11/03/2020)

Nov. 3, 2020

Nov. 3, 2020

RECAP
45

Notice of Supplemental Authorities re 40 Joint MOTION to Stay Proceedings (Attachments: # 1 Exhibit A - Memorandum Opinion dated November 6, 2020, in Useche v. Trump, # 2 Exhibit B - Order dated November 6, 2020, in Useche v. Trump, # 3 Exhibit C - Notice of Appeal to the Supreme Court of the United States dated November 6, 2020, in Useche v. Trump, # 4 Exhibit D - Notice of Appeal to the United States Court of Appeals for the Fourth Circuit dated November 6, 2020, in Useche v. Trump)(Davis, Elliott) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER
46

Notice of Supplemental Authorities re 40 Joint MOTION to Stay Proceedings (Attachments: # 1 Exhibit A - Defendants Notice of Motion to Dismiss Plaintiffs Second Amended Complaint and Memorandum in Support, in National Urban League v. Ross, # 2 Exhibit B - Defendants Notice of Motion and Motion for Stay of Proceedings, in National Urban League v. Ross)(Davis, Elliott) (Entered: 11/10/2020)

Nov. 10, 2020

Nov. 10, 2020

PACER
47

Notice of Supplemental Authorities re 40 Joint MOTION to Stay Proceedings (Attachments: # 1 Exhibit A - Jurisdictional Statement in Trump v. Useche, No. 20662 (S. Ct. docketed Nov. 13, 2020), # 2 Exhibit B - Case Management Order in National Urban League v. Ross, No. 5:20cv05799 (N.D. Cal. Nov. 13, 2020))(Davis, Elliott) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
48

Notice of Supplemental Authorities re 40 Joint MOTION to Stay Proceedings (Attachments: # 1 Exhibit A - Brief for Appellees New York Immigration Coalition et al. in Trump v. New York, No. 20366 (S. Ct. Nov. 16, 2020), # 2 Exhibit B - Brief for State of New York and Other Government Appellees in Trump v. New York, No. 20366 (S. Ct. Nov. 16, 2020))(Davis, Elliott) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
49

Notice of Supplemental Authorities re 40 Joint MOTION to Stay Proceedings (Attachments: # 1 Exhibit A - Reply Brief for the Appellants in Trump v. New York, No. 20366 (S. Ct. Nov. 23, 2020))(Davis, Elliott) (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

PACER
50

Notice of Supplemental Authorities re 40 Joint MOTION to Stay Proceedings (Attachments: # 1 Exhibit A - Motion for Expedited Consideration of the Jurisdictional Statement and Waiver of the 14-Day Waiting Period for Distribution in Trump v. San Jose, No. 20561 (S. Ct. Nov. 24, 2020), # 2 Exhibit B - Motion to Affirm for Appellees City of San Jose, et al. in Trump v. San Jose, No. 20 561 (S. Ct. Nov. 25, 2020), # 3 Exhibit C - Motion for Expedited Consideration of the Jurisdictional Statement and Waiver of the 14-Day Waiting Period for Distribution in Trump v. Useche, No. 20662 (S. Ct. Nov. 24, 2020), # 4 Exhibit D - Plaintiffs Opposition to Defendants Motion to Dismiss in National Urban League v. Ross, No. 5:20cv05799LHK (N.D. Cal. Nov. 24, 2020), # 5 Exhibit E - Plaintiffs Opposition to Defendants Motion for Stay of Proceedings in National Urban League v. Ross, No. 5:20cv05799LHK (N.D. Cal. Nov. 24, 2020))(Davis, Elliott) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER
51

Notice of Supplemental Authorities re 40 Joint MOTION to Stay Proceedings (Attachments: # 1 Exhibit A - Memorandum Opinion in Common Cause v. Trump, No. 1:20cv02023 (D.D.C. Nov. 25, 2020), # 2 Exhibit B - Order in Common Cause v. Trump, No. 1:20cv02023 (D.D.C. Nov. 25, 2020), # 3 Exhibit C - Transcript of Proceedings in Trump v. New York, No. 20366 (S. Ct. Nov. 30, 2020))(Davis, Elliott) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER
52

Notice of Supplemental Authorities re 40 Joint MOTION to Stay Proceedings (Attachments: # 1 Exhibit A - Motion to Affirm or Dismiss of the State of California et al. in Trump v. California, No. 20561 (S. Ct. Nov. 30, 2020))(Davis, Elliott) (Entered: 12/01/2020)

Dec. 1, 2020

Dec. 1, 2020

PACER
53

Notice of Supplemental Authorities re 40 Joint MOTION to Stay Proceedings (Attachments: # 1 Exhibit A - Reply Brief for the Appellants in Trump v. San Jose, No. 20561 (S. Ct. Dec. 7, 2020))(Davis, Elliott) (Entered: 12/07/2020)

Dec. 7, 2020

Dec. 7, 2020

PACER
54

Notice of Supplemental Authorities re 40 Joint MOTION to Stay Proceedings (Attachments: # 1 Exhibit A - Appellees Motion to Affirm in Trump v. Useche, No. 20662 (S. Ct. Dec. 14, 2020))(Davis, Elliott) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
55

Notice of Supplemental Authorities re 40 Joint MOTION to Stay Proceedings (Attachments: # 1 Exhibit A - Per curiam opinion and dissenting opinion in Trump v. New York, No. 20366 (S. Ct. Dec. 18, 2020)., # 2 Exhibit B - Order in La Unin del Pueblo Entero v. Trump, No. 8:19cv02710 (D. Md. Dec. 18, 2020).)(Davis, Elliott) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
56

Judge Douglas P. Woodlock: ORDER entered. ORDER LIFTING STAY AND TO SHOW CAUSE(Woodlock, Douglas) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
57

STATUS REPORT (Joint) by Steven Dillingham, Wilbur Louis Ross, Jr, Donald J. Trump, United States Bureau of the Census, United States Department of Commerce. (Davis, Elliott) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

RECAP
58

Notice of Supplemental Authorities re 40 Joint MOTION to Stay Proceedings (Attachments: # 1 Exhibit A - Order Denying Defendants Motion To Dismiss and Motion for Stay of Proceedings in National Urban League v. Ross, No. 20cv5799 (N.D. Cal. Dec. 22, 2020), # 2 Exhibit B - Summary Dispositions in Trump v. San Jose, No. 20561 (S. Ct. Dec. 28, 2020) and Trump v. Useche, No. 20662 (S. Ct. Dec. 28, 2020))(Davis, Elliott) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
59

Notice of Supplemental Authorities re 40 Joint MOTION to Stay Proceedings (Attachments: # 1 Exhibit A - Defendants Request for a Three-Judge Court in National Urban League v. Ross, No. 20cv5799 (N.D. Cal. Dec. 29, 2020)., # 2 Exhibit B - Defendants Answer To Plaintiffs Second Amended Complaint in National Urban League v. Ross, No. 20cv5799 (N.D. Cal. Dec. 30, 2020)., # 3 Exhibit C - Case Management Conference Transcript in National Urban League v. Ross, No. 20 cv5799 (N.D. Cal. Jan. 4, 2021)., # 4 Exhibit D - Case Management Order in National Urban League v. Ross, No. 20cv5799 (N.D. Cal. Jan. 4, 2021)., # 5 Exhibit E - Joint Motion To Extend the Stay of Proceedings in Alabama v. U.S. Department of Commerce, No. 2:18cv00772 (N.D. Ala. Jan. 5, 2021)., # 6 Exhibit F - Joint Status Report in Alabama v. U.S. Department of Commerce, No. 2:18cv00772 (N.D. Ala. Jan. 6, 2021).)(Davis, Elliott) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

PACER
60

NOTICE of Voluntary Dismissal by All Plaintiffs (Curran, Patrick) (Entered: 01/12/2021)

Jan. 12, 2021

Jan. 12, 2021

RECAP
61

ORDER OF DISMISSAL...In accordance with the Plaintiffs Notice of Voluntary Dismissal Without Prejudice [ECF #60] filed on January 12, 2021, it is hereby ORDERED the above-entitled action be, and hereby is, DISMISSED without prejudice.(Beatty, Barbara) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 27, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four non-profits serving immigrants of color across Massachusetts (Haitian-Americans United, Inc., Brazilian Worker Center, Chelsea Collaborative, Inc. and Centro Presente)

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Bureau of the Census, Federal

U.S. Department of Commerce, Federal

President of the United States (Washington, DC), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

42 U.S.C. § 1985

Constitutional Clause(s):

Enumerations Clause

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Disparate Treatment

Funding

Language access/needs

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

Racial profiling

Voting

Discrimination-basis:

Immigration status

National origin discrimination

Race discrimination

Race:

Race, unspecified

Immigration/Border:

Undocumented immigrants - rights and duties