Case: New York v. Trump

1:20-cv-02340 | U.S. District Court for the District of Columbia

Filed Date: Aug. 25, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

Louis DeJoy, Postmaster General of the United States, announced an “operational pivot” within the U.S. Postal Service shortly after his tenure began on May 6, 2020. Postal Policy Changes began on June 17, 2020, when the USPS announced the removal of 671 high-speed mail sorting machines nationwide, a reduction of approximately 10%. A second announcement on July 10, 2020 prohibited “late trips” and “extra trips,” meaning that postal drivers were barred from departing for delivery points after the…

Louis DeJoy, Postmaster General of the United States, announced an “operational pivot” within the U.S. Postal Service shortly after his tenure began on May 6, 2020. Postal Policy Changes began on June 17, 2020, when the USPS announced the removal of 671 high-speed mail sorting machines nationwide, a reduction of approximately 10%. A second announcement on July 10, 2020 prohibited “late trips” and “extra trips,” meaning that postal drivers were barred from departing for delivery points after the prescribed time or for non-scheduled delivery trips. In addition to these nation-wide changes, USPS launched the Expedited to Street/Afternoon Sortation initiative in 400 localities on July 25, 2020. The pilot program proscribed mail carriers in select localities from sorting mail in the morning. Instead, carriers were required to depart earlier for deliveries, leaving mail that arrived overnight to be sorted in the afternoon and delivered the following day. According to USPS records, on-time delivery of First-Class Mail started to decline in late June 2020. This trend would continue as the changes took effect.

On or around July 29, 2020, the USPS General Counsel issued a warning and recommendation via letter to 46 states and the District of Columbia: unless states paid First-Class postage for election mail, there was a risk that voters would not receive their ballots in time to return them by mail. This was a change to USPS policy, which historically treated election mail and political mail as marketing mail on an expedited First-Class basis.

On August 18, 2020, Mr. DeJoy suspended operational initiatives in light of the approaching election and the ongoing pandemic, specifying that Post Office retail hours would not change, mail processing equipment and blue collection boxes would not be moved, mail processing facilities will not be closed, and overtime will be approved as needed. Aside from the mail processing equipment, all other Postal Policy Changes remained in place. On August 21, Louis DeJoy testified at the Senate Homeland Security Government Affairs Committee Hearing, stating that the “extra trips” policy would remain and the removed high-speed mail sorting machines would not be returned. Although he stated that states would not need to pay First-Class postage for election mail during the Senate Committee Hearing, he reaffirmed the USPS General Counsel recommendation just three days later. On August 24, 2020, Mr. DeJoy testified before the House Committee that states and election boards should follow the recommendation of the USPS General Counsel to pay First Class postage to ensure ballots are delivered on time.

The following day, August 25, the States of New York, Hawaii, and New Jersey; the City of New York; and the City and County of San Francisco filed this lawsuit against Defendants Donald J. Trump, in his official capacity as President of the United States; Louis DeJoy, in his official capacity as Postmaster General of the United States; and the United States Postal Services. It was filed in the U.S. District Court for the District of Columbia and assigned to Judge Emmet G. Sullivan. The Plaintiffs alleged that USPS Postal Policy Changes, announced and implemented in June and July 2020, violated both federal law and the U.S. Constitution.

Specifically, the Plaintiffs alleged that the U.S. Postal Service acted beyond the agency’s authority under the Postal Accountability and Enhancement Act (PAEA) by failing to seek an advisory opinion from the Postal Regulatory Commission at a reasonable time prior to implementing the Postal Policy Changes in June and July 2020. 39 U.S.C. §1661. In addition, Plaintiffs alleged that the U.S. Postal Service acted beyond the agency’s authority under the Postal Reorganization Act (PRA) by ignoring the requirement to give the highest consideration to the convenience and efficiency of processing, transporting, and delivering important letter mail. 39 U.S.C. §101. The complaint also alleged that the agency acted outside of its legal authority under the PRA by eliminating access to postal services to certain populations, failing to meet the requirement that the U.S. Postal Service provide ready access to postal services to the entire population of the United States. 39 U.S.C. §403.

Furthermore, the State Plaintiffs alleged that government Defendants’ actions will undermine the State’s constitutionally delegated role to regulate congressional elections in violation of the Elections Clause of the Constitution. U.S. Const. art. I, § 4, cl. 1. The power to regulate the procedural mechanisms for congressional elections is left to the States, who exercised that power by establishing mail-in voting procedures to ensure safe and secure voting during the COVID-19 pandemic. The President has voiced his opposition to provide additional resources to the U.S. Postal Service. He consistently expressed his opposition to mail-in voting. The State Plaintiffs alleged that this was done with the intent to impair the delivery of mailed ballots.

On September 2, 2020, the Plaintiffs filed a motion for preliminary injunction regarding their Postal Accountability and Enhancement claim. On September 5, 2020, the court decided not to consolidate the present lawsuit with Richardson v. Trump; NAACP v. U.S. Postal Service; or Vote Forward v. DeJoy. On this same day, the County of Santa Clara, the City of Columbus, and thirty local and tribal governments filed an Amicus Brief in support of the Plaintiffs. Two additional Amicus Briefs in support of the Plaintiffs followed on September 9, 2020 and September 22, 2020 from fourteen Democratic Senators and the United States House of Representatives.

On September 27, 2020, Judge Emmet G. Sullivan granted the plaintiff’s motion for a preliminary injunction due to the U.S. Postal Service’s failure to request an advisory opinion from the PRC before abruptly adopting policies that have nationwide impacts on postal services. 2020 WL 5763775. This case is ongoing.

Summary Authors

Elayna Napoli (9/28/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/18529471/parties/state-of-new-york-v-donald-j-trump/


Judge(s)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Bloom, Aaron M (New York)

Bronstein, Estelle (New Jersey)

Colangelo, Matthew (New York)

Connors, Clare E. (Hawaii)

Fajana, Morenike (New York)

Goldstein, Elena Stacy (New York)

Grewal, Gurbir S. (New Jersey)

Herrera, Dennis J. (California)

James, Letitia (New York)

Judge(s)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Bloom, Aaron M (New York)

Bronstein, Estelle (New Jersey)

Colangelo, Matthew (New York)

Connors, Clare E. (Hawaii)

Fajana, Morenike (New York)

Goldstein, Elena Stacy (New York)

Grewal, Gurbir S. (New Jersey)

Herrera, Dennis J. (California)

James, Letitia (New York)

Jenerette, Tonya (New York)

Johnson, James E. (New York)

McKenzie, Lindsay (New York)

Nogueira, Daniela (New York)

Pepe, Joseph (New York)

Saxena, Mayur P (New Jersey)

Sheehan, Tim (New Jersey)

Tanigawa, Lori N (Hawaii)

Yeh, Kevin (California)

Attorneys(s) for Defendant

Borson, Joseph Evan (District of Columbia)

Cholera, Kuntal (District of Columbia)

Other Attorney(s)

Alvarado, Rafael E Jr. (California)

Anderson, Barrett J (California)

Brown, Farimah Faiz (California)

Columbus , Eric R. (District of Columbia)

Condotti, Anthony P (California)

Doseck, Barbara J. (Ohio)

Feuer, Michael Nelson (California)

Flessner, Mark A. (Illinois)

Friedland, Zoe E (California)

Garth, Andrew W (Ohio)

Gershenson, Adam S (Massachusetts)

Girard, Leslie J (California)

Glowa, Nancy E. (Massachusetts)

Gong, LiJia (California)

Gorod, Brianne J. (District of Columbia)

Grogg, Adam Anderson (District of Columbia)

Haas, Michael (Wisconsin)

Hanna-Weir, Mary Elizabeth (California)

Hansen, Greta Suzanne (California)

Hartnett, Kathleen R (California)

Hickson, Nina R. (Georgia)

Hilton, Yvonne (Pennsylvania)

Holmes, Peter S. (Washington)

Jenkins, Michael (California)

Kim, Elias S (District of Columbia)

Klein, Zachary M (Ohio)

Letter, Douglas (District of Columbia)

Lewis, Ronald C. (Texas)

LoPresti, Tony (California)

Luk, Arthur (District of Columbia)

Miller, Jonathan B (California)

Morgan, Anne L. (Texas)

O'Flaherty, Eugene (Massachusetts)

Olson, Lyndsey M (Minnesota)

Parker, Barbara J (California)

Poffenbarger, Maggie (California)

Pol, Rodney Jr. (Indiana)

Pratt, Marcel S. (Pennsylvania)

Prelogar, Elizabeth B (District of Columbia)

Reeve, Tracy (Oregon)

Ryan, Vince (Texas)

Scheller, Jessica Megan (Illinois)

Schwartz, Jonathan B (District of Columbia)

Shen, Yibin (California)

Sisko, Zachary (Massachusetts)

Spiegel, Julia Blau (California)

Stilwell, Victoria (California)

Tatelman, Todd B. (District of Columbia)

TonNu, Sophia (California)

Trafton, Liz A (Massachusetts)

Trice, Laura Susan (California)

Washington, Brian E. (California)

Wheeler, Angela N. (Michigan)

Wickham, Mary C. (California)

Williams, James Robyzad (California)

Wright, Francis X. Jr. (Massachusetts)

Wydra, Elizabeth B. (District of Columbia)

Zolle, Dayna J (District of Columbia)

Documents in the Clearinghouse

Document

1:20-cv-02340

Docket

State of New York v. Trump

Sept. 28, 2020

Sept. 28, 2020

Docket
1

1:20-cv-02340

Complaint for Declaratory and Injunctive Relief

State of New York v. Trump

Aug. 25, 2020

Aug. 25, 2020

Complaint
22

1:20-cv-02340

[Proposed] Amici Curiae Brief of the County of Santa Clara, the City of Columbus, and Thirty Local and Tribal Governments

State of New York v. Trump

Sept. 4, 2020

Sept. 4, 2020

Pleading / Motion / Brief
36

1:20-cv-02340

Brief of Members of Congress as Amici Curiae in Support of Plaintiffs

State of New York v. Trump

Sept. 8, 2020

Sept. 8, 2020

Pleading / Motion / Brief
48

1:20-cv-02340

Brief of the U.S. House of Representatives as Amicus Curiae in Support of the Plaintiffs' Motion for Preliminary Injunction

State of New York v. Trump

Sept. 22, 2020

Sept. 22, 2020

Pleading / Motion / Brief
52

1:20-cv-02340

Memorandum Opinion

State of New York v. Trump

Sept. 27, 2020

Sept. 27, 2020

Order/Opinion
51

1:20-cv-02340

Order

State of New York v. Trump

Sept. 27, 2020

Sept. 27, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18529471/state-of-new-york-v-donald-j-trump/

Last updated Aug. 6, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-7504757) filed by STATE OF NEW JERSEY, STATE OF HAWAII, CITY OF NEW YORK, STATE OF NEW YORK, CITY AND COUNTY OF SAN FRANCISCO. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Colangelo, Matthew) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
2

NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 20 Civ. 2295. (Colangelo, Matthew) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
3

NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 20 Civ. 2262. (Colangelo, Matthew) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER

Case Assigned to Judge Emmet G. Sullivan. (zsb)

Aug. 25, 2020

Aug. 25, 2020

PACER
4

SUMMONS (3) Issued Electronically as to DONALD J. TRUMP, LOUIS DEJOY, UNITED STATES POSTAL SERVICE. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
5

NOTICE of Appearance by Morenike Fajana on behalf of STATE OF NEW YORK (Fajana, Morenike) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
6

REQUEST FOR SUMMONS TO ISSUE to the U.S. Attorney General filed by STATE OF NEW YORK.(Fajana, Morenike) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
7

REQUEST FOR SUMMONS TO ISSUE to the U.S. Attorney's Office filed by STATE OF NEW YORK.(Fajana, Morenike) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
8

SUMMONS (2) Issued Electronically as to, U.S. Attorney and U.S. Attorney General (zjf) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
9

STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 08/27/20. (Attachment: # 1 Exhibit 1) (mac) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
10

NOTICE of Appearance by Tim Sheehan on behalf of STATE OF NEW JERSEY (Sheehan, Tim) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER

MINUTE ORDER. The Court, sua sponte, directs the Plaintiffs to show cause why this action should not be consolidated as related with National Association for the Advancement of Colored People v. U.S. Postal Service, 20-2295; Richardson v. Trump, 20-2262; and Vote Forward v. DeJoy, 20-2405 by no later than September 4, 2020 at 12:00 PM. See Fed. R. Civ. P. 42(a) (permitting the court to consolidate actions "involv[ing] a common question of law or fact"); Local Civ. R. 40.5(a)(3) (defining related civil actions). Signed by Judge Emmet G. Sullivan on 9/1/2020. (lcegs3)

Sept. 1, 2020

Sept. 1, 2020

PACER

Set/Reset Deadlines: Plaintiffs Show Cause due no later than 12:00PM on 9/4/2020. (mac)

Sept. 2, 2020

Sept. 2, 2020

PACER
11

NOTICE of Appearance by Joseph Evan Borson on behalf of All Defendants (Borson, Joseph) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
12

MOTION for Preliminary Injunction by STATE OF NEW YORK (Attachments: # 1 Memorandum in Support, # 2 Declaration of Morenike Fajana, # 3 Exhibit Index, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30, # 34 Exhibit 31, # 35 Text of Proposed Order, # 36 Certificate of Service)(Fajana, Morenike) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
13

NOTICE of Appearance by Estelle Bronstein on behalf of STATE OF NEW JERSEY (Bronstein, Estelle) (Main Document 13 replaced on 9/2/2020) (zjf). (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER

MINUTE ORDER. The Court, sua sponte, directs the Defendants to show cause why this action should not be consolidated as related with National Association for the Advancement of Colored People v. U.S. Postal Service, 20-2295; Richardson v. Trump, 20-2262; and Vote Forward v. DeJoy, 20-2405 by no later than September 4, 2020 at 12:00 PM. See Fed. R. Civ. P. 42(a) (permitting the court to consolidate actions "involv[ing] a common question of law or fact"); Local Civ. R. 40.5(a)(3) (defining related civil actions). Signed by Judge Emmet G. Sullivan on 9/2/2020. (lcegs3)

Sept. 2, 2020

Sept. 2, 2020

PACER

MINUTE ORDER. In view of 12 plaintiffs' motion for preliminary injunction, the parties shall file a joint status report by no later than September 8, 2020 at 12:00 PM NOON with recommendations for further proceedings, including, inter alia, (1) whether plaintiffs' motion for a preliminary injunction should be consolidated with the merits under Federal Rule of Civil Procedure 65; and (2) recommendations for further proceedings including, if necessary, a briefing schedule for plaintiffs' motion for a preliminary injunction. Signed by Judge Emmet G. Sullivan on 9/2/2020. (lcegs3)

Sept. 2, 2020

Sept. 2, 2020

PACER

Set/Reset Deadlines: Defendants Show Cause due no later than 12:00PM on 9/4/2020. (mac)

Sept. 2, 2020

Sept. 2, 2020

PACER

Set/Reset Deadlines: Joint Status Report due no later than 12:00PM on 9/8/2020. (mac)

Sept. 2, 2020

Sept. 2, 2020

PACER
14

NOTICE of Appearance by Zoe E Friedland on behalf of COUNTY OF SANTA CLARA (Friedland, Zoe) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
15

RESPONSE TO ORDER TO SHOW CAUSE by STATE OF NEW JERSEY, STATE OF HAWAII, CITY OF NEW YORK, STATE OF NEW YORK, CITY AND COUNTY OF SAN FRANCISCO re Order,, Plaintiffs' response to the Court's September 1, 2020 Order to show cause why this action should not be consolidated with 20-cv-2262, 20-cv-2295, and 20-cv-2405 filed by STATE OF NEW JERSEY, STATE OF HAWAII, CITY OF NEW YORK, STATE OF NEW YORK, CITY AND COUNTY OF SAN FRANCISCO. (Colangelo, Matthew) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
16

NOTICE of Appearance by Kuntal Virendra Cholera on behalf of All Defendants (Cholera, Kuntal) (Main Document 16 replaced on 9/4/2020) (zjf). (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
17

RESPONSE TO ORDER TO SHOW CAUSE by DONALD J. TRUMP, LOUIS DEJOY, UNITED STATES POSTAL SERVICE re Order,, filed by DONALD J. TRUMP, LOUIS DEJOY, UNITED STATES POSTAL SERVICE. (Cholera, Kuntal) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
18

Unopposed MOTION for Leave to File Amicus Brief by COUNTY OF SANTA CLARA (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Exhibit List of Amici Curiae, # 3 Text of Proposed Order)(Friedland, Zoe) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
19

Joint MOTION for Protective Order by DONALD J. TRUMP, LOUIS DEJOY, UNITED STATES POSTAL SERVICE (Attachments: # 1 Text of Proposed Order)(Borson, Joseph) (Entered: 09/05/2020)

Sept. 5, 2020

Sept. 5, 2020

PACER

MINUTE ORDER. It is hereby ORDERED that by September 10, 2020, Plaintiffs shall deliver to Chambers three printed courtesy copies of 12 Plaintiffs' motion for preliminary injunction. The parties may deliver their courtesy copies via overnight mail or by hand delivery to the Courthouse loading dock located at the corner of 3rd and C Streets, N.W. The courtesy copies must include the headers added by the Case Management/Electronic Case Files (CM/ECF) System and be submitted in binders, three-hole punched, with single-sided pages. All exhibits shall be tabbed and indexed for ease of reference. The parties shall deliver to Chambers three courtesy copies of any future filing, including exhibits, in connection with 12 motion for preliminary injunction. Signed by Judge Emmet G. Sullivan on 9/5/2020. (lcegs3)

Sept. 5, 2020

Sept. 5, 2020

PACER

MINUTE ORDER. In view of 15 and 17 responses to order to show cause, as well as the responses from parties in Richardson v. Trump, 20-2262; National Association for the Advancement of Colored People v. U.S. Postal Service, 20-2295; and Vote Forward v. DeJoy, 20-2405, the Court shall not consolidate the cases as related pursuant to Federal Rule of Civil Procedure 42(a) and Local Civil Rule 40.5(a)(3). It is ORDERED that the parties shall coordinate schedules for discovery purposes to the extent possible. Signed by Judge Emmet G. Sullivan on 9/5/2020. (lcegs3)

Sept. 5, 2020

Sept. 5, 2020

PACER

MINUTE ORDER granting 18 unopposed motion for leave to file amicus brief by COUNTY OF SANTA CLARA. Signed by Judge Emmet G. Sullivan on 9/5/2020. (lcegs3)

Sept. 5, 2020

Sept. 5, 2020

PACER
22

AMICUS BRIEF by COUNTY OF SANTA CLARA. (Attachments: # 1 Exhibit)(zjf) (Entered: 09/08/2020)

Sept. 5, 2020

Sept. 5, 2020

PACER
20

Joint STATUS REPORT by CITY AND COUNTY OF SAN FRANCISCO, CITY OF NEW YORK, STATE OF HAWAII, STATE OF NEW JERSEY, STATE OF NEW YORK. (Fajana, Morenike) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
21

MOTION for Leave to File Amici Curiae Brief in Support of Plaintiffs by RICHARD BLUMENTHAL, CORY A. BOOKER, SHERROD BROWN, TOM CARPER, MAZIE K. HIRONO, AMY KLOBUCHAR, EDWARD J. MARKEY, Jeffrey A. Merkley, JACK REED, BERNARD SANDERS, JEANNE SHAHEEN, ELIZABETH WARREN, SHELDON WHITEHOUSE, RON WYDEN (Attachments: # 1 Exhibit Proposed Brief of Members of Congress as Amici Curiae in Support of Plaintiffs, # 2 Text of Proposed Order)(Gorod, Brianne) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
23

MOTION for Leave to File Amici Curiae Brief in Support of Plaintiffs' Motion for Preliminary Injunction by BRADY, Team ENOUGH (Attachments: # 1 Proposed Brief of Amici Curiae Brady and Team ENOUGH in Support of Plaintiffs' Motion for Preliminary Injunction, # 2 Text of Proposed Order)(Luk, Arthur) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER

MINUTE ORDER. In view of 20 joint status report, the parties shall adhere to the following briefing schedule on 12 Plaintiffs' motion for preliminary injunction: (1) Defendants shall file their opposition by September 11, 2020 at 12:00 PM; and (2) Plaintiffs shall file their reply by no later than September 16, 2020. It is FURTHER ORDERED that Plaintiffs shall file any request for expedited discovery proceedings in the form of a motion in accordance with paragraph 3(b) of 9 the Court's standing order governing civil cases. Signed by Judge Emmet G. Sullivan on 9/9/2020. (lcegs3)

Sept. 9, 2020

Sept. 9, 2020

PACER
24

MINUTE ORDER granting 19 joint motion for protective order. Signed by Judge Emmet G. Sullivan on 9/9/2020. (lcegs3) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER

MINUTE ORDER granting 21 motion for leave to file amici curiae brief by MEMBERS OF CONGRESS. Signed by Judge Emmet G. Sullivan on 9/9/2020. (lcegs3)

Sept. 9, 2020

Sept. 9, 2020

PACER
36

AMICUS BRIEF by RICHARD BLUMENTHAL, CORY A. BOOKER, SHERROD BROWN, TOM CARPER, MAZIE K. HIRONO, AMY KLOBUCHAR, EDWARD J. MARKEY, JEFFREY A. MERKLEY, JACK REED, BERNARD SANDERS, JEANNE SHAHEEN, ELIZABETH WARREN, SHELDON WHITEHOUSE, RON WYDEN. (zjf) (Entered: 09/13/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER

Set/Reset Deadlines: Defendants Opposition due no later than 12:00PM on 9/11/2020. Plaintiffs Reply due by 9/16/2020. (mac)

Sept. 10, 2020

Sept. 10, 2020

PACER
25

NOTICE of Appearance by Daniela Nogueira on behalf of STATE OF NEW YORK (Nogueira, Daniela) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
26

CERTIFICATE OF SERVICE by STATE OF NEW YORK Complaint, Summonses, and Standing Order served on Defendants on August 31, 2020, by certified mail. (Nogueira, Daniela) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
27

MOTION for Leave to File Amici Curiae Brief in Support of Plaintiffs' Motion for Preliminary Injunction (Corrected) by BRADY, Team ENOUGH (Attachments: # 1 Amici Curiae Brief in Support of Plaintiffs' Motion for Preliminary Injunction, # 2 Text of Proposed Order)(Luk, Arthur) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
28

NOTICE of Appearance by Douglas N. Letter on behalf of UNITED STATES HOUSE OF REPRESENTATIVES (Letter, Douglas) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
29

Unopposed MOTION for Leave to File Amicus Curiae Brief In Support of Plaintiff by UNITED STATES HOUSE OF REPRESENTATIVES (Attachments: # 1 Exhibit Proposed Brief of U.S. House of Representatives as Amicus Curiae in Support of Plaintiff, # 2 Text of Proposed Order)(Letter, Douglas) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
30

Memorandum in opposition to re 12 MOTION for Preliminary Injunction filed by DONALD J. TRUMP, LOUIS DEJOY, UNITED STATES POSTAL SERVICE. (Attachments: # 1 Declaration (Barber, Cintron, and Curtis), # 2 Declaration (Colin, Couch, DeChambeau, Glass, Prokity, and Vo), # 3 Exhibit 1-15, # 4 Text of Proposed Order)(Borson, Joseph) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
31

NOTICE of Appearance by Aaron M. Bloom on behalf of CITY OF NEW YORK (Bloom, Aaron) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
32

NOTICE of Appearance by Dennis Jose Herrera on behalf of CITY AND COUNTY OF SAN FRANCISCO (Herrera, Dennis) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
33

NOTICE of Appearance by Kevin Yeh on behalf of CITY AND COUNTY OF SAN FRANCISCO (Yeh, Kevin) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
34

NOTICE of Appearance by Lori N. Tanigawa on behalf of STATE OF HAWAII (Tanigawa, Lori) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
35

NOTICE of Appearance by Elena Goldstein on behalf of STATE OF NEW YORK (Goldstein, Elena) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
37

NOTICE of Appearance by Joseph Pepe on behalf of CITY OF NEW YORK (Pepe, Joseph) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
38

MOTION for Discovery, MOTION to Expedite Discovery by CITY AND COUNTY OF SAN FRANCISCO, CITY OF NEW YORK, STATE OF HAWAII, STATE OF NEW JERSEY, STATE OF NEW YORK (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit Index, # 4 Exhibit 1 (Notice of Rule 30(b)(6) deposition), # 5 Exhibit 2 (Notice of deposition of Robert Cintron), # 6 Exhibit 3 (Notice of deposition of Angela Curtis), # 7 Exhibit 4 (Notice of deposition of Robert Justin Glass), # 8 Exhibit 5 (Plaintiffs' first set of interrogatories to Defendants), # 9 Exhibit 6 (Plaintiffs' first request for production of documents to Defendants), # 10 Exhibit 7 (Plaintiffs' requests for admission to Defendants))(Colangelo, Matthew) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER

MINUTE ORDER. In view of 38 motion to expedite discovery, Defendants shall file their opposition by no later than September 18, 2020. Plaintiffs shall file their reply by no later than September 23, 2020. Signed by Judge Emmet G. Sullivan on 9/14/2020. (lcegs3)

Sept. 14, 2020

Sept. 14, 2020

PACER

Set/Reset Deadlines: Defendants Opposition due by 9/18/2020. Plaintiffs Reply due by 9/23/2020. (mac)

Sept. 15, 2020

Sept. 15, 2020

PACER
39

Unopposed MOTION for Leave to File Supplemental Declarations by DONALD J. TRUMP, LOUIS DEJOY, UNITED STATES POSTAL SERVICE (Attachments: # 1 Declaration Cintron (Supp.), # 2 Declaration Curtis (Supp.), # 3 Text of Proposed Order)(Borson, Joseph) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER

MINUTE ORDER granting 39 unopposed motion to file supplemental declarations. Signed by Judge Emmet G. Sullivan on 9/16/2020. (lcegs3)

Sept. 16, 2020

Sept. 16, 2020

PACER
40

REPLY to opposition to motion re 12 MOTION for Preliminary Injunction filed by CITY AND COUNTY OF SAN FRANCISCO, CITY OF NEW YORK, STATE OF HAWAII, STATE OF NEW JERSEY, STATE OF NEW YORK. (Attachments: # 1 Supplemental Fajana Declaration, # 2 Exhibit Index, # 3 Exhibit 32, # 4 Exhibit 33, # 5 Exhibit 34, # 6 Exhibit 35, # 7 Exhibit 36, # 8 Exhibit 37, # 9 Exhibit 38)(Nogueira, Daniela) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
47

Supplemental Declarations re 30 Memorandum in opposition re 12 MOTION for Preliminary Injunction by DONALD J. TRUMP, LOUIS DEJOY, UNITED STATES POSTAL SERVICE. (zjf) (Entered: 09/23/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
41

NOTICE of Appearance by Lindsay McKenzie on behalf of STATE OF NEW YORK (McKenzie, Lindsay) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
42

NOTICE OF SUPPLEMENTAL AUTHORITY by CITY AND COUNTY OF SAN FRANCISCO, CITY OF NEW YORK, STATE OF HAWAII, STATE OF NEW JERSEY, STATE OF NEW YORK (Attachments: # 1 Exhibit 1 (Order granting plaintiffs' motion for preliminary injunction in Washington v. Trump (E.D. Wash.)))(Colangelo, Matthew) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
43

RESPONSE re 38 MOTION for Discovery MOTION to Expedite Discovery filed by DONALD J. TRUMP, LOUIS DEJOY, UNITED STATES POSTAL SERVICE. (Attachments: # 1 Exhibit A - E.D. Wash. Order, # 2 Exhibit B - E.D. Wash. 1st Set of Interrogatories and RFP)(Borson, Joseph) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
44

Joint MOTION for Protective Order (FRE 502(d) Order) by DONALD J. TRUMP, LOUIS DEJOY, UNITED STATES POSTAL SERVICE (Attachments: # 1 Text of Proposed Order)(Borson, Joseph) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
45

NOTICE OF SUPPLEMENTAL AUTHORITY by CITY AND COUNTY OF SAN FRANCISCO, CITY OF NEW YORK, STATE OF HAWAII, STATE OF NEW JERSEY, STATE OF NEW YORK (Attachments: # 1 Order granting plaintiffs' motion for preliminary injunction in Jones v. United States Postal Service (S.D.N.Y.))(Fajana, Morenike) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER

MINUTE ORDER granting 29 motion for leave to file amicus curiae brief in support of Plaintiffs by UNITED STATES HOUSE OF REPRESENTATIVES. Signed by Judge Emmet G. Sullivan on 9/22/2020. (lcegs3)

Sept. 22, 2020

Sept. 22, 2020

PACER
46

ORDER granting 44 joint motion for entry of a Federal Rule of Evidence 502(d) Order. Signed by Judge Emmet G. Sullivan on 9/22/2020. (lcegs3) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
48

AMICUS BRIEF by UNITED STATES HOUSE OF REPRESENTATIVES. (zjf) (Entered: 09/23/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
49

REPLY to opposition to motion re 38 MOTION for Discovery MOTION to Expedite Discovery filed by CITY AND COUNTY OF SAN FRANCISCO, CITY OF NEW YORK, STATE OF HAWAII, STATE OF NEW JERSEY, STATE OF NEW YORK. (Nogueira, Daniela) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
50

NOTICE of Supplemental Materials by DONALD J. TRUMP, LOUIS DEJOY, UNITED STATES POSTAL SERVICE (Attachments: # 1 Exhibit A - Clarifying Operational Instructions, # 2 Exhibit B - Stand-Up Talk, # 3 Exhibit C - Additional Election Mail Resources)(Borson, Joseph) (Entered: 09/27/2020)

Sept. 27, 2020

Sept. 27, 2020

PACER

MINUTE ORDER finding as moot 23 motion for leave to file amici curiae brief by BRADY, Team ENOUGH and granting 27 motion for leave to file amici curiae brief (corrected) by BRADY, Team ENOUGH. Signed by Judge Emmet G. Sullivan on 9/27/2020. (lcegs1)

Sept. 27, 2020

Sept. 27, 2020

PACER
51

ORDER granting 12 Motion for Preliminary Injunction. Signed by Judge Emmet G. Sullivan on 9/27/2020. (lcegs1) (Entered: 09/27/2020)

Sept. 27, 2020

Sept. 27, 2020

PACER
52

MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 9/27/2020. (lcegs1) (Entered: 09/27/2020)

Sept. 27, 2020

Sept. 27, 2020

PACER
53

AMICUS BRIEF In Support of Plaintiffs Motion for Preliminary Injunction by BRADY, TEAM ENOUGH. (Luk, Arthur) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER

MINUTE ORDER granting 38 Motion for Discovery, Motion to Expedite Discovery. Federal Rule of Civil Procedure 26 "vests the trial judge with broad discretion to tailor discovery narrowly and to dictate the sequence of discovery." Watts v. SEC, 483 F.3d 501, 507 (D.C. Cir. 2007) (quoting Crawford-El v. Britton 523 U.S. 574, 598 (1998)). Courts typically consider five factors when evaluating a motion for expedited discovery under the good-cause standard: "(1) whether a preliminary injunction is pending; (2) the breadth of the discovery requests; (3) the purpose for requesting the expedited discovery; (4) the burden on the defendants to comply with the requests; and (5) how far in advance of the typical discovery process the request was made." Guttenberg v. Emery, 26 F. Supp. 3d 88, 98 (D.D.C. 2014) (quoting In re Fannie Mae Derivative Litig., 227 F.R.D. 142, 14243 (D.D.C. 2005)). Courts are not limited to these factors, but the factors provide "guidelines for the exercise of the Court's discretion." Id. The Court finds that the good-cause standard is met here. As an initial matter, the Court notes that plaintiffs' motion for preliminary injunction has been granted. See Order, ECF No. 51. Second, the Court has reviewed the discovery requests and has determined that they are narrow and carefully targeted to discover the facts necessary for plaintiffs to establish their claims and rebut anticipated defenses. The Court also notes that the parties state that they have agreed that plaintiffs may rely on discovery provided by the defendants in similar actions, specifically Pennsylvania v. DeJoy, No. 20-cv-4096 (E.D. Pa.) and Washington v. Trump, No. 20-cv-3127 (E.D. Wash.). Third, the purpose for requesting the expedited discovery supports granting plaintiffs' motion given the imminence of the election and that there are two claims for which plaintiffs did not seek a preliminary injunction. Fourth, while defendants contend that it will be burdensome to comply, they mostly contend that the requests are duplicative and overlapping, or potentially overlapping. However, as noted above, the parties have agreed to avoid duplicative discovery and plaintiffs' requests for production specifically excludes documents already provided in the similar actions noted above. Furthermore, the time-frame for plaintiffs' requests is limited to a three month period of time. Fifth, while the discovery requests here are being made in advance of the typical discovery process, plaintiffs state they anticipate seeking expedited resolution of their claims given the imminence of the election. Accordingly, it is HEREBY ORDERED that defendants shall serve any objections to plaintiffs' discovery requests by no later than October 7, 2020; and it is FURTHER ORDERED that defendants shall serve their written responses and shall produce all documents responsive to plaintiffs' discovery requests by no later than October 13, 2020; and it is FURTHER ORDERED that depositions shall be taken by no later than October 16, 2020. The parties shall coordinate with the plaintiffs in Vote Forward v. DeJoy, 20-cv-2405, with regard to the taking of depositions. Signed by Judge Emmet G. Sullivan on 10/2/2020. (lcegs3)

Oct. 2, 2020

Oct. 2, 2020

PACER
54

MOTION to Clarify re 51 Order on Motion for Preliminary Injunction by DONALD J. TRUMP, LOUIS DEJOY, UNITED STATES POSTAL SERVICE (Attachments: # 1 Declaration Suppl. Glass. Dec., # 2 Text of Proposed Order)(Borson, Joseph) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER

MINUTE ORDER. In view of 54 motion to clarify, the parties shall abide by the following briefing schedule: Plaintiffs shall file their opposition by no later than October 12, 2020 at 12:00 PM; and Defendants shall file their reply by no later than October 16, 2020. Signed by Judge Emmet G. Sullivan on 10/7/2020. (lcegs3)

Oct. 7, 2020

Oct. 7, 2020

PACER

Set/Reset Deadlines: Plaintiffs Opposition due no later than 12:00PM on 10/12/2020. Defendants Reply due by 10/16/2020. (mac)

Oct. 7, 2020

Oct. 7, 2020

PACER
55

NOTICE of Appearance by Melissa Lee Medoway on behalf of STATE OF NEW JERSEY (Medoway, Melissa) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
56

Memorandum in opposition to re 54 MOTION to Clarify re 51 Order on Motion for Preliminary Injunction filed by CITY AND COUNTY OF SAN FRANCISCO, CITY OF NEW YORK, STATE OF HAWAII, STATE OF NEW JERSEY, STATE OF NEW YORK. (Attachments: # 1 Exhibit 1 (Weekly service performance update provided by the USPS to Congress on October 8, 2020))(Colangelo, Matthew) (Entered: 10/12/2020)

Oct. 12, 2020

Oct. 12, 2020

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 25, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

States of New York, Hawaii, and New Jersey; the City of New York; and the City and County of San Francisco

Plaintiff Type(s):

City/County Plaintiff

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Postal Service, Federal

Louis DeJoy, Postmaster General, Federal

Donald J. Trump. President, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted