Case: Center for Popular Democracy Action v. Bureau of the Census

1:19-cv-10917 | U.S. District Court for the Southern District of New York

Filed Date: Nov. 26, 2019

Closed Date: April 15, 2020

Clearinghouse coding complete

Case Summary

This is a case challenging the Trump Administration’s oversight of the 2020 census. In the years prior to the census, the government cancelled planned field tests for census operating procedures in 2017 and 2018. The government also cancelled two of three sites for the 2018 End-to-End Census Test, dress rehearsals that serve as the basis for many final decisions about decennial census methods and operations. Additionally, the government truncated the one remaining 2018 End-to-End testing site, …

This is a case challenging the Trump Administration’s oversight of the 2020 census. In the years prior to the census, the government cancelled planned field tests for census operating procedures in 2017 and 2018. The government also cancelled two of three sites for the 2018 End-to-End Census Test, dress rehearsals that serve as the basis for many final decisions about decennial census methods and operations. Additionally, the government truncated the one remaining 2018 End-to-End testing site, removing advertising and partnerships, as well as the coverage measurement operation that helped measure how many residents are missed. The government released its Final Operational Plan in early 2019 which reflected the final design for the 2020 census, according to the Bureau of the Census.

The plaintiffs were the Center for Popular Democracy Action, a non-profit progressive advocacy organization based out of New York City, as well as the City of Newburgh, New York—home to large Hispanic American, African American, and undocumented populations (groups at risk of being underreported in the census). The plaintiffs contended that the government’s plan for making the enumeration of the population included several arbitrary and capricious decisions not allowed under the Administrative Procedure Act (5 U.S.C. Ch. 2) which would lead to an undercount of persons of color, of lower income, and of other “hard-to-count” communities. Specifically, the plaintiffs argued the Final Operational Plan included: (a) a plan to hire an unreasonably small number of enumerators; (b) a drastic reduction in the number of Bureau field offices; (c) a significant reduction in the Bureau’s communications and partnership program, including the elimination of local, physical Questionnaire Assistance Centers; (d) a decision to replace most In-Field Address Canvassing with In-Office Address Canvassing; and (e) a decision to make only limited efforts to count inhabitants of units that appeared vacant or nonexistent based on unreliable administrative records. The plaintiffs filed suit in the U.S. District Court Southern District of New York on November 26, 2019. The plaintiffs requested declaratory relief and an injunction that: (a) restored the Bureau’s 2020 Partnership Program to no less than 2010 levels, adjusted for inflation and population growth; (b) augmented the Bureau’s 2020 Integrated Communications Program to achieve coverage equivalent to the 2010 Census; (c) required opening a number of in-person Questionnaire Assistance Centers commensurate to that used in the 2010 Census; and (d) increased the number of enumerators to no less than 2010 levels, adjusted for population growth.

The case was referred to Judge Jesse Furman as being possibly related to State of New York v. Department of Commerce. Judge Furman declined the case as not related on December 3, 2019, and the parties agreed to proceed with Magistrate Judge James L. Cott on the same day. Finally, the case was again assigned to Judge Alvin Hellerstein on December 11.

The government filed a motion to dismiss the case for failure to state a claim on January 31, 2020. The plaintiffs filed a motion for a preliminary injunction on the same day; there was a filing error with this motion, and the plaintiffs re-filed for a preliminary injunction on February 24. Oral arguments on the motion to dismiss and the motion for preliminary injunction were held on March 17, 2020. The next day, the court granted the government’s motion to dismiss and denied the plaintiff’s motion for a preliminary injunction.

As the plaintiffs never filed an appeal of the March 18 order, the case is closed.

Summary Authors

John Duffield (7/27/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16515310/parties/center-for-popular-democracy-action-v-bureau-of-the-census/


Judge(s)

Hellerstein, Alvin K. (New York)

Attorneys(s) for Plaintiff

Agata, Seth Hugh (New York)

Alderdice, Jacob (New York)

Burbank, Renee (Connecticut)

Creelan, Jeremy (New York)

Kohlmann, Susan Joan (California)

Wishnie, Michael J. (Connecticut)

Attorneys(s) for Defendant

Bretz, Emily Elizabeth (New York)

Issacharoff, Lucas Estlund (New York)

Judge(s)

Hellerstein, Alvin K. (New York)

Attorneys(s) for Plaintiff

Agata, Seth Hugh (New York)

Alderdice, Jacob (New York)

Burbank, Renee (Connecticut)

Creelan, Jeremy (New York)

Kohlmann, Susan Joan (California)

Wishnie, Michael J. (Connecticut)

Attorneys(s) for Defendant

Bretz, Emily Elizabeth (New York)

Issacharoff, Lucas Estlund (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

April 15, 2020 Docket
1

Complaint

Nov. 26, 2019 Complaint

Resources

Title Description External URL

Center for Popular Democracy Action v. Bureau of the Census

Brennan Center

The Center for Popular Democracy Action and the City of Newburgh, New York sued the Census Bureau, contending that the Bureau’s preparations for the 2020 Census were deficient and would lead to a dra… April 21, 2020 https://www.brennancenter.org/our-work/court-cases/center-popular-democracy-action-v-bureau-census

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/issues/gerrymandering-fair-representation/fair-accurate-census/2020-census-litigation

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16515310/center-for-popular-democracy-action-v-bureau-of-the-census/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Bureau of the Census, Department of Commerce, Steven Dillingham, Wilbur Ross. (Filing Fee $ 400.00, Receipt Number ANYSDC-18147926)Document filed by City of Newburgh, Center for Popular Democracy Action.(Wishnie, Michael) (Entered: 11/26/2019)

Nov. 26, 2019 RECAP
2

STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:18-cv-02921. Document filed by Center for Popular Democracy Action, City of Newburgh.(Wishnie, Michael) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
3

MOTION to Expedite Production of Administrative Record. Document filed by Center for Popular Democracy Action, City of Newburgh.(Wishnie, Michael) (Entered: 11/26/2019)

Nov. 26, 2019 RECAP
4

CIVIL COVER SHEET filed. (Wishnie, Michael) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
5

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Bureau of the Census, Steven Dillingham, U.S. Dept. of Commerce, Wilbur Ross, re: 1 Complaint. Document filed by Center for Popular Democracy Action, City of Newburgh. (Wishnie, Michael) Modified on 11/27/2019 (sj). (Entered: 11/26/2019)

Nov. 26, 2019 PACER
6

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Center for Popular Democracy Action.(Wishnie, Michael) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
7

NOTICE OF APPEARANCE by Susan Joan Kohlmann on behalf of Center for Popular Democracy Action, City of Newburgh. (Kohlmann, Susan) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
8

NOTICE OF APPEARANCE by Jeremy Micah Creelan on behalf of Center for Popular Democracy Action, City of Newburgh. (Creelan, Jeremy) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
9

NOTICE OF APPEARANCE by Jacob D. Alderdice on behalf of Center for Popular Democracy Action, City of Newburgh. (Alderdice, Jacob) (Entered: 11/26/2019)

Nov. 26, 2019 RECAP
10

NOTICE OF APPEARANCE by Seth Hugh Agata on behalf of Center for Popular Democracy Action, City of Newburgh. (Agata, Seth) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
11

MOTION for Leave to Appear as Law Student Interns . Document filed by Center for Popular Democracy Action, City of Newburgh. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Wishnie, Michael) (Entered: 11/26/2019)

Nov. 26, 2019 PACER

Notice to Attorney Regarding Party Modification

Nov. 27, 2019 PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Joel Wishnie. The party information for the following party/parties has been modified: Steven Dillingham; United States Department of Commerce; Wilbur Ross. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (sj)

Nov. 27, 2019 PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

Nov. 27, 2019 PACER

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Joel Wishnie. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to Kings. (sj)

Nov. 27, 2019 PACER

Case Opening Initial Assignment Notice

Nov. 27, 2019 PACER

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

Nov. 27, 2019 PACER

Case Designated ECF

Nov. 27, 2019 PACER

Case Designated ECF. (sj)

Nov. 27, 2019 PACER

Case Referred as Possibly Related/Similar

Nov. 27, 2019 PACER

CASE REFERRED TO Judge Jesse M. Furman as possibly related to 1:18cv2921. (sj)

Nov. 27, 2019 PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Nov. 27, 2019 PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Joel Wishnie to RE-FILE Document No. 5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; each summons request should be its own separate docket entry. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)

Nov. 27, 2019 PACER
12

REQUEST FOR ISSUANCE OF SUMMONS as to Bureau of the Census, re: 1 Complaint. Document filed by Center for Popular Democracy Action, City of Newburgh. (Wishnie, Michael) (Entered: 11/27/2019)

Nov. 27, 2019 PACER
13

FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Commerce, re: 1 Complaint. Document filed by Center for Popular Democracy Action, City of Newburgh. (Wishnie, Michael) Modified on 12/3/2019 (pne). (Entered: 11/27/2019)

Nov. 27, 2019 PACER
14

FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Wilbur Ross, Secretary of Commerce, re: 1 Complaint. Document filed by Center for Popular Democracy Action, City of Newburgh. (Wishnie, Michael) Modified on 12/3/2019 (pne). (Entered: 11/27/2019)

Nov. 27, 2019 PACER
15

FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Steven Dillingham, Director of the Bureau of the Census, re: 1 Complaint. Document filed by Center for Popular Democracy Action, City of Newburgh. (Wishnie, Michael) Modified on 12/3/2019 (pne). (Entered: 11/27/2019)

Nov. 27, 2019 PACER
16

ELECTRONIC SUMMONS ISSUED as to Bureau of the Census. (pne) (Entered: 12/03/2019)

Dec. 3, 2019 RECAP

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Dec. 3, 2019 PACER

Case Declined as Not Related

Dec. 3, 2019 PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Joel Wishnie to RE-FILE Document No. 13 Request for Issuance of Summons, 14 Request for Issuance of Summons, 15 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name in the 'To' field must appear exactly as it does on the pleading caption; do not use abbreviations in party names; any party/entity name that is listed after the name of the defendant must include 'c/o', 'attn', 'via'. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)

Dec. 3, 2019 PACER
17

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Commerce, re: 1 Complaint. Document filed by Center for Popular Democracy Action, City of Newburgh. (Wishnie, Michael) Modified on 12/5/2019 (sj). (Entered: 12/03/2019)

Dec. 3, 2019 PACER

Notice of Case Assignment/Reassignment

Dec. 3, 2019 PACER
18

REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Commerce, re: 1 Complaint. Document filed by Center for Popular Democracy Action, City of Newburgh. (Wishnie, Michael) (Entered: 12/03/2019)

Dec. 3, 2019 PACER

Case Designation

Dec. 3, 2019 PACER
19

REQUEST FOR ISSUANCE OF SUMMONS as to Steven Dillingham, Director, Bureau of the Census, re: 1 Complaint. Document filed by Center for Popular Democracy Action, City of Newburgh. (Wishnie, Michael) (Entered: 12/03/2019)

Dec. 3, 2019 PACER
20

REQUEST FOR ISSUANCE OF SUMMONS as to Wilbur Ross, Secretary of Commerce, re: 1 Complaint. Document filed by Center for Popular Democracy Action, City of Newburgh. (Wishnie, Michael) (Entered: 12/03/2019)

Dec. 3, 2019 PACER

CASE DECLINED AS NOT RELATED. Case referred as related to 18CV2921 and declined by Judge Jesse Furman and returned to wheel for assignment. (wb)

Dec. 3, 2019 PACER

NOTICE OF CASE REASSIGNMENT to Judge Naomi Reice Buchwald. Judge Unassigned is no longer assigned to the case. (wb)

Dec. 3, 2019 PACER

Magistrate Judge James L. Cott 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)

Dec. 3, 2019 PACER
21

ELECTRONIC SUMMONS ISSUED as to Wilbur Ross. (sj) (Entered: 12/05/2019)

Dec. 5, 2019 PACER
22

ELECTRONIC SUMMONS ISSUED as to Steven Dillingham. (sj) (Entered: 12/05/2019)

Dec. 5, 2019 PACER
23

ELECTRONIC SUMMONS ISSUED as to United States Department of Commerce. (sj) (Entered: 12/05/2019)

Dec. 5, 2019 PACER
24

SUMMONS RETURNED EXECUTED Summons and Complaint served. Bureau of the Census served on 12/4/2019, answer due 12/26/2019; Steven Dillingham served on 12/5/2019, answer due 12/26/2019; Wilbur Ross served on 12/5/2019, answer due 12/26/2019; United States Department of Commerce served on 12/5/2019, answer due 12/26/2019. Service was made by Mail (Certified). Document filed by City of Newburgh; Center for Popular Democracy Action. (Alderdice, Jacob) (Entered: 12/06/2019)

Dec. 6, 2019 PACER

Notice of Case Assignment/Reassignment

Dec. 11, 2019 PACER

NOTICE OF CASE REASSIGNMENT to Judge Alvin K. Hellerstein. Judge Naomi Reice Buchwald is no longer assigned to the case. (wb)

Dec. 11, 2019 PACER
25

NOTICE OF APPEARANCE by Emily Elizabeth Bretz on behalf of Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce. (Bretz, Emily) (Entered: 12/11/2019)

Dec. 11, 2019 PACER
26

NOTICE OF APPEARANCE by Lucas Estlund Issacharoff on behalf of Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce. (Issacharoff, Lucas) (Entered: 12/11/2019)

Dec. 11, 2019 PACER
27

MEMORANDUM OF LAW in Opposition re: 3 MOTION to Expedite Production of Administrative Record. . Document filed by Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce. (Attachments: # 1 Affidavit of Deborah Stempowski)(Issacharoff, Lucas) (Entered: 12/20/2019)

1 Affidavit of Deborah Stempowski

View on PACER

Dec. 20, 2019 RECAP
28

LETTER addressed to Judge Alvin K. Hellerstein from Jeremy Creelan dated December 23, 2019 re: Request For Rule 16(b) Pre-Trial Conference. Document filed by Center for Popular Democracy Action, City of Newburgh.(Creelan, Jeremy) (Entered: 12/23/2019)

Dec. 23, 2019 PACER
29

REPLY to Response to Motion re: 3 MOTION to Expedite Production of Administrative Record. /Plaintiffs' Reply in Further Support of Motion to Compel Expedited Production of the Administrative Record. Document filed by Center for Popular Democracy Action, City of Newburgh. (Creelan, Jeremy) (Entered: 12/27/2019)

Dec. 27, 2019 RECAP
30

ORDER REGULATING PROCEEDINGS: Initial Conference set for 1/9/2020 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein, as further set forth in this order. (Signed by Judge Alvin K. Hellerstein on 1/2/2020) (jwh) (Entered: 01/02/2020)

Jan. 2, 2020 PACER
31

JOINT LETTER addressed to Judge Alvin K. Hellerstein from Lucas Issacharoff dated 1/7/2020 re: Request for Telephonic Access to Conference. Document filed by Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce.(Issacharoff, Lucas) (Entered: 01/07/2020)

Jan. 7, 2020 PACER
32

MEMO ENDORSEMENT on re: 31 Letter Request for Telephonic Access to Conference, filed by Wilbur Ross, United States Department of Commerce, Bureau of the Census, Steven Dillingham. ENDORSEMENT: The request is approved. The Court will, telphonically, communicate to the parties the details of the dial-in. (Signed by Judge Alvin K. Hellerstein on 1/8/20) (yv) (Entered: 01/08/2020)

Jan. 8, 2020 PACER
33

PLAINTIFFS' MOTION FOR ORDER TO GRANT LEAVE TO APPEAR AS LAW STUDENT INTERNS granting 11 Motion for Leave to Appear. Plaintiffs Center for Popular Democracy Action and City of Newburgh, through their attorneys, move this Court, pursuant to the United States District Court for the Southern District of New York's Plan for Student Practice in Civil Actions, to grant Rachel Brown, Lisa Chen, Daniel Ki, Nikita Lalwani, Geng Ngarmboonanant, Laura Pietrantoni, and Joshua Zoffer leave to appear as law student interns in the above-captioned matter, under the supervision of attorney Michael J. Wishnie. Ms. Brown, Ms. Chen, Mr. Ki, Ms. Lalwani, Mr. Ngarmboonanant, Ms. Pietrantoni, and Mr. Zoffer meet all the eligibility requirements. Plan for Student Practice in Civil Actions 1; see Law Student Intern Appearance Form for Rachel Brown (Ex. A); Law Student Intern Appearance Form for Lisa Chen (Ex. B); Law Student Intern Appearance Form for Daniel Ki (Ex. C); Law Student Intern Appearance Form for Nikita Lalwani (Ex. D); Law Student Intern Appearance Form for Geng Ngarmboonanant (Ex. E); Law Student Intern Appearance Form for Laura Pietrantoni (Ex. F); Law Student Intern Appearance Form for Joshua Zoffer (Ex. G). (As further set forth in this Order.) SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/9/2020) (cf) (Entered: 01/09/2020)

Jan. 9, 2020 RECAP
34

ORDER granting 3 Motion to Expedite. Plaintiffs' motion is granted. Production of the administrative record and related briefing shall proceed as follows: 1. On or before January 17, 2020, Defendants shall file a letter in this Court identifying the decisionmakers responsible for each of the five challenged agency actions catalogued in footnote 2, supra. 2. On or before January 24, 2020, Defendants shall produce to Plaintiffs the administrative record underlying the five challenged agency actions. 3. Plaintiffs and Defendants shall file their motions for a preliminary injunction and dismissal, respectively, by January 31, 2020. The parties shall file oppositions to these motions by February 21, 2020. And the parties shall file their replies by March 4, 2020. 4. Oral argument will be held on March 18, 2020, at 2:30 p.m., at which time the parties are to be prepared to address both of the by-then-pending motions for a preliminary injunction and dismissal. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/9/20) (yv) (Entered: 01/10/2020)

Jan. 9, 2020 RECAP

Set/Reset Deadlines: Motions due by 1/31/2020. Responses due by 2/21/2020. Replies due by 3/4/2020. (yv)

Jan. 9, 2020 PACER

Set/Reset Hearings: Oral Argument set for 3/18/2020 at 02:30 PM before Judge Alvin K. Hellerstein. (yv)

Jan. 10, 2020 PACER
35

LETTER addressed to Judge Alvin K. Hellerstein from Lucas Issacharoff dated 1/17/2020 re: Decisionmakers. Document filed by Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce.(Issacharoff, Lucas) (Entered: 01/17/2020)

Jan. 17, 2020 PACER
36

LETTER addressed to Judge Alvin K. Hellerstein from Emily Bretz dated January 24, 2020 re: Production of Records. Document filed by Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce. (Attachments: # 1 Exhibit Index, # 2 Exhibit Certification of Records)(Bretz, Emily) (Entered: 01/24/2020)

1 Exhibit Index

View on PACER

2 Exhibit Certification of Records

View on PACER

Jan. 24, 2020 PACER
37

MEMO ENDORSEMENT on re: 36 Letter, filed by Wilbur Ross, United States Department of Commerce, Bureau of the Census, Steven Dillingham. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 1/28/2020) (va) (Entered: 01/28/2020)

Jan. 28, 2020 PACER

Remark

Jan. 29, 2020 PACER

As per Judge Hellersteins Order, dated January 28, 2020, Defendants counsel filed a CD ROM with the open records room. (rz)

Jan. 29, 2020 PACER
38

MOTION to Dismiss . Document filed by Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce. Responses due by 2/21/2020.(Issacharoff, Lucas) (Entered: 01/31/2020)

Jan. 31, 2020 PACER
39

MEMORANDUM OF LAW in Support re: 38 MOTION to Dismiss . . Document filed by Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce..(Issacharoff, Lucas) (Entered: 01/31/2020)

Jan. 31, 2020 PACER
40

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Preliminary Injunction . Document filed by Center for Popular Democracy Action, City of Newburgh. (Attachments: # 1 Memorandum of Law, # 2 Declaration of Mark Doms, # 3 Declaration of Alexandra Church, # 4 Declaration of Ana Maria Archila, # 5 Declaration of Michael J. Wishnie, # 6 Exhibits for Declaration of Michael J. Wishnie).(Wishnie, Michael) Modified on 2/24/2020 (ldi). (Entered: 01/31/2020)

1

View on RECAP

Jan. 31, 2020 PACER
41

TRANSCRIPT of Proceedings re: CONFERENCE held on 1/9/2020 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/10/2020. Redacted Transcript Deadline set for 3/20/2020. Release of Transcript Restriction set for 5/18/2020..(McGuirk, Kelly) (Entered: 02/18/2020)

Feb. 18, 2020 RECAP

Notice Regarding Pro Hac Vice Motion

Feb. 18, 2020 PACER
42

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/9/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 02/18/2020)

Feb. 18, 2020 PACER
43

MOTION for Renee Burbank to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18837148. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Center for Popular Democracy Action, City of Newburgh. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit affidavit and certificates of good standing).(Burbank, Renee) (Entered: 02/18/2020)

Feb. 18, 2020 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 43 MOTION for Renee Burbank to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18837148. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Feb. 18, 2020 PACER
44

ORDER FOR ADMISSION PRO HAC VICE granting 43 Motion for Renee Burbank to Appear Pro Hac Vice. The motion of Renee Burbank for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Renee Burbank is admitted to practice Pro Hac Vice in the above captioned cased in the United States District Court for the Southern District of New York. All attorney appearing before this Court are subject to the Local Rules of their Court, including the Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 2/19/20) (yv) (Entered: 02/19/2020)

Feb. 19, 2020 PACER
45

MEMORANDUM OF LAW in Opposition re: 38 MOTION to Dismiss . . Document filed by Center for Popular Democracy Action, City of Newburgh..(Creelan, Jeremy) (Entered: 02/21/2020)

Feb. 21, 2020 PACER
46

MEMORANDUM OF LAW in Opposition re: 40 MOTION for Preliminary Injunction . . Document filed by Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce. (Attachments: # 1 Affidavit of Deborah Stempowski, # 2 Affidavit of Benjamin Taylor, # 3 Affidavit of Patrick Cantwell, # 4 Affidavit of Deirdre Dalpiaz Bishop, # 5 Affidavit of Burton Reist).(Issacharoff, Lucas) (Entered: 02/21/2020)

Feb. 21, 2020 PACER

Notice to Attorney to Re-File Document - Deficient Docket Entry Error

Feb. 24, 2020 PACER

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Michael Joel Wishnie to RE-FILE Document 40 MOTION for Preliminary Injunction . ERROR(S): supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)

Feb. 24, 2020 PACER
47

MOTION for Preliminary Injunction . Document filed by Center for Popular Democracy Action, City of Newburgh..(Wishnie, Michael) (Entered: 02/24/2020)

Feb. 24, 2020 PACER
48

MEMORANDUM OF LAW in Support re: 47 MOTION for Preliminary Injunction . . Document filed by Center for Popular Democracy Action, City of Newburgh..(Wishnie, Michael) (Entered: 02/24/2020)

Feb. 24, 2020 PACER
49

DECLARATION of Mark Doms in Support re: 47 MOTION for Preliminary Injunction .. Document filed by Center for Popular Democracy Action, City of Newburgh..(Wishnie, Michael) (Entered: 02/24/2020)

Feb. 24, 2020 PACER
50

DECLARATION of Alexandra Church in Support re: 47 MOTION for Preliminary Injunction .. Document filed by Center for Popular Democracy Action, City of Newburgh..(Wishnie, Michael) (Entered: 02/24/2020)

Feb. 24, 2020 PACER
51

DECLARATION of Ana Maria Archila in Support re: 47 MOTION for Preliminary Injunction .. Document filed by Center for Popular Democracy Action, City of Newburgh..(Wishnie, Michael) (Entered: 02/24/2020)

Feb. 24, 2020 PACER
52

DECLARATION of Michael Wishnie in Support re: 47 MOTION for Preliminary Injunction .. Document filed by Center for Popular Democracy Action, City of Newburgh. (Attachments: # 1 Exhibit Exhibits for Declaration of Michael J. Wishnie).(Wishnie, Michael) (Entered: 02/24/2020)

Feb. 24, 2020 PACER
53

NOTICE of Supplemental Authority. Document filed by Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce..(Issacharoff, Lucas) (Entered: 03/02/2020)

March 2, 2020 PACER
54

REPLY MEMORANDUM OF LAW in Support re: 38 MOTION to Dismiss . . Document filed by Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce..(Issacharoff, Lucas) (Entered: 03/04/2020)

March 4, 2020 PACER
55

REPLY MEMORANDUM OF LAW in Support re: 47 MOTION for Preliminary Injunction . . Document filed by Center for Popular Democracy Action, City of Newburgh..(Wishnie, Michael) (Entered: 03/04/2020)

March 4, 2020 PACER
56

DECLARATION of Michael J. Wishnie in Support re: 47 MOTION for Preliminary Injunction .. Document filed by Center for Popular Democracy Action, City of Newburgh. (Attachments: # 1 Exhibit).(Wishnie, Michael) (Entered: 03/04/2020)

March 4, 2020 PACER
57

JOINT LETTER addressed to Judge Alvin K. Hellerstein from Lucas Issacharoff dated 3/9/2020 re: Motion to Partially Strike or for Leave to File Sur-Reply. Document filed by Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce..(Issacharoff, Lucas) (Entered: 03/09/2020)

March 9, 2020 PACER
58

ORDER: The Court is in receipt of the parties' letter filed today, March 9, 2020, see ECF No. 57. Defendants' request to strike portions of Plaintiffs' reply brief and accompanying declaration is denied, but Defendants' request to file a sur-reply is granted. Defendants shall so file their sur-reply on or before March 12, 2020. ( Surreplies due by 3/12/2020.) (Signed by Judge Alvin K. Hellerstein on 3/9/2020) (mro) (Entered: 03/09/2020)

March 9, 2020 RECAP
59

JOINT LETTER addressed to Judge Alvin K. Hellerstein from Lucas Issacharoff dated 3/12/2020 re: Request for Telephonic Access to Conference. Document filed by Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce..(Issacharoff, Lucas) (Entered: 03/12/2020)

March 12, 2020 PACER
60

SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Opposition re: 47 MOTION for Preliminary Injunction . . Document filed by Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce. (Attachments: # 1 Affidavit of Deborah Stempowski (Supplemental), # 2 Affidavit of Patrick Cantwell (Supplemental)).(Issacharoff, Lucas) (Entered: 03/12/2020)

March 12, 2020 PACER
61

ORDER REGULATING PROCEEDINGS. In advance of the oral argument scheduled for this coming Wednesday, March 18, at 2:30 p.m., and in light of the considerable volume of the record in this matter, the Court orders the parties to jointly submit, on or before March 17, 2020, a hard-copy appendix containing any documents in the record that the parties anticipate referencing during their arguments. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/13/20) (yv) (Entered: 03/13/2020)

March 13, 2020 RECAP
62

NOTICE of Supplemental Authority. Document filed by Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce. (Attachments: # 1 Exhibit District of Maryland Order).(Issacharoff, Lucas) (Entered: 03/16/2020)

March 16, 2020 PACER
63

NOTICE of Response to Defendants' Notice of Supplemental Authority re: 62 Notice (Other). Document filed by Center for Popular Democracy Action, City of Newburgh..(Wishnie, Michael) (Entered: 03/16/2020)

March 16, 2020 PACER
64

JOINT LETTER addressed to Judge Alvin K. Hellerstein from Lucas Issacharoff dated 3/16/2020 re: Appendix for Oral Argument. Document filed by Bureau of the Census, Steven Dillingham, Wilbur Ross, United States Department of Commerce..(Issacharoff, Lucas) (Entered: 03/16/2020)

March 16, 2020 PACER
65

LETTER addressed to Judge Alvin K. Hellerstein from Michael J. Wishnie dated March 16, 2020 re: Request for Telephonic Hearing. Document filed by Center for Popular Democracy Action, City of Newburgh..(Wishnie, Michael) (Entered: 03/16/2020)

March 16, 2020 PACER
66

MEMO ENDORSEMENT on re: 65 LETTER addressed to Judge Alvin K. Hellerstein from Michael J. Wishnie dated March 16, 2020 re: Request for Telephonic Hearing. Document filed by Center for Popular Democracy Action, City of Newburgh. ENDORSEMENT: So ordered. Both sides shall appear telephonically via the line already circulated to counsel. (Signed by Judge Alvin K. Hellerstein on 3/17/2020) (rjm) (Entered: 03/17/2020)

March 17, 2020 PACER
67

MEMO ENDORSEMENT on re: 64 Letter Appendix for Oral Argument, filed by Wilbur Ross, United States Department of Commerce, Bureau of the Census, Steven Dillingham. ENDORSEMENT: A separate physical appendix for oral argument will not be necessary. (Signed by Judge Alvin K. Hellerstein on 3/17/20) (yv) (Entered: 03/17/2020)

March 17, 2020 PACER
68

ORDER REGULATING PROCEEDINGS: The oral argument scheduled in this case for March 18, 2020, at 2:30 p.m. will be held telephonically. In keeping with the right of open access to judicial proceedings, members of the press and other interested parties may listen via the following dial-in: Call-in number: 888-363-4749 Access code:7518680. To ensure that the hearing proceeds smoothly and to avoid disruption, the Court directs all those calling in ( other than counsel) to mute their telephones. SO ORDERED., ( Telephone Conference set for 3/18/2020 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 3/17/2020) (ama) (Entered: 03/17/2020)

March 17, 2020 RECAP
69

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AND DENYING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION granting 38 Motion to Dismiss; denying 47 Motion for Preliminary Injunction. Now before me are two competing motions: Defendants' motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6); and Plaintiffs' motion seeking a preliminary injunction pursuant to Federal Rule of Civil Procedure 65. See ECF Nos. 38, 47. I held a hearing today on both motions, and for the reasons stated on the record and incorporated in this order, Defendants ' motion to dismiss is granted and Plaintiffs' motion for a preliminary injunction is denied. The Clerk is directed to terminate the open motions (ECF Nos. 38, 47) and mark the case closed. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/18/2020) (ama) Transmission to Orders and Judgments Clerk for processing. (Entered: 03/18/2020)

March 18, 2020 RECAP
70

CLERK'S JUDGMENT re: 69 Order on Motion to Dismiss, Order on Motion for Preliminary Injunction. in favor of Bureau of the Census, United States Department of Commerce, Steven Dillingham, Wilbur Ross against Center for Popular Democracy Action, City of Newburgh. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 18, 2020, Defendants' motion to dismiss is granted and Plaintiffs' motion for preliminary injunction is denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 03/19/2020) (Attachments: # 1 Notice of Right to Appeal) (dt) (Entered: 03/19/2020)

March 19, 2020 RECAP

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Nov. 26, 2019

Closing Date: April 15, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were the Center for Popular Democracy Action, a non-profit progressive advocacy organization based out of New York City, as well as the City of Newburgh, New York--home to large Hispanic American, African American, and undocumented populations (groups at risk of being underreported in the census)

Plaintiff Type(s):

City/County Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Brennan Center for Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Commerce (Washington D.C.), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Enumerations Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Disparate Impact

Government Services

Discrimination-basis:

Immigration status

Race discrimination

Race:

Black

Type of Facility:

Government-run

National Origin/Ethnicity:

Hispanic