Case: CoreCivic, Inc. v. Murphy

COMPLAINT against PHILLIP D. MURPHY, MATTHEW J. PLATKIN ( Filing and Admin fee $ 402 receipt number ANJDC-14053789), filed by CORECIVIC, INC.. (Attachments: # 1 Civil Cover Sheet)(GOLDSMITH, DAVID) (Entered: 02/17/2023)

1 Civil Cover Sheet

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Add and Terminate Judges

Judge Michael A. Shipp and Magistrate Judge Tonianne J. Bongiovanni added. (kht)

QC - Attorney Case Opening

Add and Terminate Judges

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Jurisdiction should match the information in the civil cover sheet and/or complaint. Do NOT enter address information when entering the Party Information . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (km)

QC - Lack of Diversity Statement

CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1, a disclosure statement is required to be filed by parties and intervenors in diversity actions to identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Such disclosure statements must be filed with the parties, intervenors or proposed intervenors first appearance, pleading, petition, motion, response or other request addressed to the Court. (kht)

SUMMONS ISSUED as to PHILLIP D. MURPHY, MATTHEW J. PLATKIN. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (kht) (Entered: 02/21/2023)

MOTION for Leave to Appear Pro Hac Vice Bradly D. Simon by CORECIVIC, INC.. (Attachments: # 1 Text of Proposed Order, # 2 Declaration, # 3 Declaration)(GOLDSMITH, DAVID) (Entered: 03/09/2023)

MOTION for Leave to Appear Pro Hac Vice Thomas A. Kissane by CORECIVIC, INC.. (Attachments: # 1 Text of Proposed Order, # 2 Declaration, # 3 Declaration)(GOLDSMITH, DAVID) (Entered: 03/09/2023)

Set/Reset Motion and R&R Deadlines/Hearings

Set Deadlines as to 4 MOTION for Leave to Appear Pro Hac Vice Thomas A. Kissane, 3 MOTION for Leave to Appear Pro Hac Vice Bradly D. Simon. Motion set for 4/3/2023 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdg, )

ORDER granting 3 Motion for Leave to Appear Pro Hac Vice as to Bradley D. Simon. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/20/2023. (mg, ) (Entered: 03/20/2023)

ORDER granting 4 Motion for Leave to Appear Pro Hac Vice as to Thomas A. Kissane. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/20/2023. (mg) (Entered: 03/20/2023)

NOTICE of Appearance by NATHANIEL ILAN LEVY on behalf of All Defendants (LEVY, NATHANIEL) (Entered: 04/12/2023)

Application and Proposed Order for Clerk's Order to extend time to answer as to Complaint. Attorney NATHANIEL ILAN LEVY for PHILLIP D. MURPHY,NATHANIEL ILAN LEVY for MATTHEW J. PLATKIN added. (LEVY, NATHANIEL) (Entered: 04/12/2023)

Update Answer Due Deadline

Answer Due Deadline Update - The 8 Application for Clerk's Order Extending Time to Answer submitted by MATTHEW J. PLATKIN and PHILLIP D. MURPHY has been GRANTED. The answer due date has been set for 5/1/2023. (jdg)

Letter from Defendants Philip D. Murphy and Matthew J. Platkin re 1 Complaint. (LEVY, NATHANIEL) (Entered: 04/28/2023)

ORDERED that Defendants' time to answer, move or otherwise respond to the complaint is extended from 5/1/2023 to 5/17/2023. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/28/2023. (jjc) (Entered: 04/29/2023)

TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Robert Kirsch for all further proceedings. Judge Michael A. Shipp no longer assigned to case. So Ordered by Chief Judge Renee Marie Bumb on 5/15/2023. (gxh) (Entered: 05/15/2023)

Order Reassigning Case

First MOTION to Dismiss for Lack of Jurisdiction by All Defendants. Responses due by 6/6/2023. (Attachments: # 1 Brief in support of motion to dismiss under Rule 12(b)(1), # 2 Declaration, # 3 Exhibit, # 4 Text of Proposed Order, # 5 Certificate of Service)(LEVY, NATHANIEL) (Entered: 05/17/2023)

1 Brief in support of motion to dismiss under Rule 12(b)(1)

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2 Declaration

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3 Exhibit

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4 Text of Proposed Order

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5 Certificate of Service

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Set/Reset Motion and R&R Deadlines/Hearings

Set Deadlines as to 12 First MOTION to Dismiss for Lack of Jurisdiction . Motion set for 6/20/2023 before Judge Robert Kirsch. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdg)

Letter from David J. Goldsmith re 12 First MOTION to Dismiss for Lack of Jurisdiction . (GOLDSMITH, DAVID) (Entered: 06/05/2023)

AMENDED COMPLAINT against PHILLIP D. MURPHY, MATTHEW J. PLATKIN, filed by CORECIVIC, INC..(GOLDSMITH, DAVID) (Entered: 06/07/2023)

Letter re 12 First MOTION to Dismiss for Lack of Jurisdiction . (LEVY, NATHANIEL) (Entered: 06/08/2023)

Application and Proposed Order for Clerk's Order to extend time to answer as to Amended Complaint.. (LEVY, NATHANIEL) (Entered: 06/08/2023)

Update Answer Due Deadline

Clerk`s Text Order - The 16 Application for Clerk's Order Extending Time to Answer submitted by MATTHEW J. PLATKIN, PHILLIP D. MURPHY has been GRANTED. The answer due date has been set for 7/5/2023. (jdg)

MOTION for Preliminary Injunction by CORECIVIC, INC.. (Attachments: # 1 Declaration Bradley D. Simon, # 2 Declaration Bart Verhulst, # 3 Exhibit Request for Information, # 4 Brief Memorandum of Law in Support of Application for Preliminary Injunction with Temporary Restraining Order, # 5 Statement Rule 7.1 Statement)(GOLDSMITH, DAVID) (Entered: 06/14/2023)

1 Declaration Bradley D. Simon

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2 Declaration Bart Verhulst

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3 Exhibit Request for Information

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4 Brief Memorandum of Law in Support of Application for Preliminary Injunction wit

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5 Statement Rule 7.1 Statement

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QC - Generic Message

CLERK'S QUALITY CONTROL MESSAGE - A Notice of Motion was not submitted with the Motion for Preliminary Injunction 17 submitted by DAVID J. GOLDSMITH on 6/14/2023. PLEASE SUBMIT THE MISSING DOCUMENT ONLY, using the event *Exhibit to Document* and linking it to the filed Motion. (kht)

Exhibit to 17 Motion for Preliminary Injunction, by CORECIVIC, INC.. (GOLDSMITH, DAVID) (Entered: 06/15/2023)

Letter from Defendants Philip D. Murphy and Matthew J. Platkin re 17 MOTION for Preliminary Injunction . (Attachments: # 1 Text of Proposed Order for Briefing and Amended Pleading Schedule)(LEVY, NATHANIEL) (Entered: 06/15/2023)

Letter from Bradley D. Simon on behalf of Plaintiff CoreCivic Inc. re 19 Letter. (GOLDSMITH, DAVID) (Entered: 06/16/2023)

Order AND ~Util - Set Deadlines/Hearings AND ~Util - Set Hearings

TEXT ORDER: The Court is in receipt of Plaintiff's June 14, 2023 Motion for Preliminary Injunction (ECF No. 17 ) as well as Counsel's letters regarding the same (ECF Nos. 19 & 20 ). The Court will hold a Telephone Conference on Plaintiff's Motion on Tuesday, June 20, 2023 at 10:00 a.m. Plaintiff's counsel is directed to initiate the call to chambers at the scheduled date and time. So Ordered by Judge Robert Kirsch on 6/16/2023. (ijf, ) (Entered: 06/16/2023)

Minute Entry for proceedings held before Judge Robert Kirsch: Telephone Conference held on 6/20/2023 re: 12 Motion to Dismiss filed by Defendants MATTHEW J. PLATKIN and PHILLIP D. MURPHY; and 17 Motion for Preliminary Injunction filed by Plaintiff CORECIVIC. Ordered 12 Motion to Dismiss denied as moot. Ordered 17 Motion for Preliminary Injunction denied in part. Telephone Conference set for 7/5/2023 at 10:00 a.m. with Judge Robert Kirsch. Plaintiffs counsel to initiate the call to chambers. Order to follow. (Court Reporter: Sara Killian (973-776-3885) (ijf, ) (Entered: 06/20/2023)

Order on Motion for Preliminary Injunction AND Order on Motion to Dismiss/Lack of Jurisdiction

TEXT ORDER: This matter comes before the Court upon Plaintiff's motion for a temporary restraining order and preliminary injunction. (ECF No. 17 .) The Court is in receipt of the parties' subsequent correspondence. (ECF Nos. 19, 20 .) Also pending before the Court is Defendants' motion to dismiss. (ECF No. 12 .) The Court will hold a Telephone Conference on Wednesday, July 5, 2023 at 10:00 a.m. Plaintiff's counsel is directed to initiate the call to Chambers at the scheduled date and time. Plaintiff is further ordered to immediately serve the First Amended Complaint on the United States. At the conference, the Court will hear from an attorney for the United States regarding its position on whether the Court join the United States pursuant to Federal Rule of Civil Procedure 19(a). For the reasons stated at the teleconference held on June 20, 2023, Plaintiff's motion for a temporary restraining order (ECF No. 17 ) is DENIED in part. The Court reserves judgment on Plaintiff's pending motion for a preliminary injunction. (ECF No. 17 .) At the July 5, 2023 hearing, the Court will set a briefing schedule and hearing date for argument on the preliminary injunction. Considering Plaintiff's subsequently filed amended complaint (ECF No. 14 ), Defendants' motion to dismiss (ECF No. 12 ) is DENIED as moot. So Ordered by Judge Robert Kirsch on 6/20/2023. (ijf, ) (Entered: 06/20/2023)

NOTICE of Appearance by DAVID CHEN on behalf of All Defendants (CHEN, DAVID) (Entered: 06/23/2023)

Letter from Defendants Philip D. Murphy and Matthew J. Platkin re 23 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,, Order on Motion for Preliminary Injunction,,,,,. (Attachments: # 1 Text of Proposed Order)(CHEN, DAVID) (Entered: 06/23/2023)

Letter from Bradley D. Simon re 25 Letter. (GOLDSMITH, DAVID) (Entered: 06/26/2023)

TEXT ORDER This matter comes before the Court upon the Defendant's correspondence (ECF No. 25 ). Defendant's request to hold in abeyance the filing of an answer or otherwise respond to Plaintiff's First Amended Complaint is GRANTED until further order of the Court. So Ordered by Judge Robert Kirsch on 06/28/2023. (Markey, P) (Entered: 06/28/2023)

Order

Transcript of TELEPHONE CONFERENCE held on 6/20/2023, before Judge Robert Kirsch. Court Reporter/Transcriber Sara Killian (973-776-3885). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter/Transcription Agency due, but not filed, by 7/20/2023. Redacted Transcript Deadline set for 7/31/2023. Release of Transcript Restriction set for 9/27/2023. (kht) (Entered: 06/29/2023)

Text Minute Entry for proceedings held before Judge Robert Kirsch: Telephone Conference held on 7/5/2023. (Markey, P) (Entered: 07/05/2023)

Order

Telephone Conference

TEXT ORDER: Per the Telephone Conference held July 5, 2023, a Telephone Conference is scheduled for 10:00 a.m. on Monday, July 10, 2023. Plaintiff's counsel is to initiate the call to chambers. So Ordered by Judge Robert Kirsch on 07/05/2023. (Markey, P) (Entered: 07/05/2023)

Letter from Bradley D. Simon re 29 Telephone Conference. (GOLDSMITH, DAVID) (Entered: 07/07/2023)

Minute Entry for proceedings held before Judge Robert Kirsch: Telephone Conference held on 7/10/2023. (Court Reporter, Carol Farrell (856-318-6100)) (Markey, P) (Entered: 07/10/2023)

Order

TEXT ORDER: This matter comes before the Court upon Plaintiff's Motion for a Preliminary Injunction (ECF No. 17 ). The Court held a telephonic conference with the parties and an attorney for the United States on July 10, 2023. The attorney for the United States represented that the United States indicated an intent to file a separate lawsuit on the same subject matter by 12:00 p.m. on July 17, 2023, and if so, intends to file for a preliminary injunction by 12:00 p.m. on July 19, 2023. Defendant must file its responsive brief to Plaintiff's motion (ECF No. 17 ) and, if filed, to the United States' Motion for a Preliminary Injunction by 12:00 p.m. on July 26, 2023. Plaintiff CoreCivic and the United States must file any reply brief by 12:00 p.m. on August 2, 2023. The Court will hold an in-person hearing on the preliminary injunction motions with all parties on Monday, August 14, 2023 at 10:00 a.m. in Courtroom 4E at the Clarkson S. Fisher Federal Building & U.S. Courthouse in Trenton before Judge Robert Kirsch. Each party stated that they do not seek witness testimony but rather, will rely on oral argument and their written submissions. So Ordered by Judge Robert Kirsch on 07/10/2023. (Markey, P) (Entered: 07/10/2023)

Letter from Bradley D. Simon re 33 Order,,,,. (GOLDSMITH, DAVID) (Entered: 07/12/2023)

TEXT ORDER: This matter comes before the Court upon Plaintiff's correspondence (ECF No. 34 ) regarding (ECF No. 33 ). The Court advises that the original briefing schedule as set forth in (ECF No. 33 ) is to remain in full force and effect. So Ordered by Judge Robert Kirsch on 07/13/2023. (Markey, P) (Entered: 07/13/2023)

Order

Letter from the United States. (EHRLICH, STEPHEN) (Entered: 07/17/2023)

STATEMENT of Interest by UNITED STATES OF AMERICA. (Attachments: # 1 Declaration of Monica Burke, # 2 Declaration of Robert Guadian)(EHRLICH, STEPHEN) (Entered: 07/19/2023)

1 Declaration of Monica Burke

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2 Declaration of Robert Guadian

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NOTICE of Appearance by STEPHEN EHRLICH on behalf of UNITED STATES OF AMERICA (EHRLICH, STEPHEN) (Entered: 07/19/2023)

Set/Reset Motion and R&R Deadlines/Hearings

Setting in-person Hearing on 17 Motion for Preliminary Injunction for 8/14/2023 at 10:00 AM in Trenton - Courtroom 4E before Judge Robert Kirsch. (Markey, P) Modified on 7/20/2023 (Markey, P).

NOTICE of Appearance by JOHN MICHAEL MIANO on behalf of Immigration Reform Law Institute (MIANO, JOHN) (Entered: 07/24/2023)

MOTION for Leave to Appear Amicus Curiae by Immigration Reform Law Institute. (Attachments: # 1 Exhibit Proposed Brief, # 2 Text of Proposed Order)(MIANO, JOHN) (Entered: 07/24/2023)

Set/Reset Motion and R&R Deadlines/Hearings

Set Deadlines as to 40 MOTION for Leave to Appear Amicus Curiae . Motion set for 8/21/2023 before Judge Robert Kirsch. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (kht)

BRIEF in opposition to 17 MOTION for Preliminary Injunction (Attachments: # 1 Declaration Declaration of Melinda S. Haley)(CHEN, DAVID) (Entered: 07/26/2023)

1 Declaration Declaration of Melinda S. Haley

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Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney DAVID CHEN terminated. (CHEN, DAVID) (Entered: 07/27/2023)

Letter from Thomas A. Kissane re 18 Exhibit (to Document). (GOLDSMITH, DAVID) (Entered: 07/31/2023)

LETTER ORDER granting Plaintiff's request for extension of time to submit reply to Preliminary Injunction until 8/4/2023 at noon. Signed by Judge Robert Kirsch on 8/1/2023. (mlh) (Entered: 08/02/2023)

BRIEF in Reply to Motion for Preliminary Injunction (Dkt. No. 17) (GOLDSMITH, DAVID) (Entered: 08/04/2023)

TEXT ORDER: As the parties are aware, the Court will hear oral argument on Plaintiff's Motion for a Preliminary Injunction (ECF No. 17 ) on Monday, August 14, 2023 at 10:00 a.m. At a previous Telephone Conference, the parties indicated that they would not offer witness testimony at the hearing but rather would rely on oral argument and their written submissions (ECF No. 33 ). The Court is in receipt of the Statement of Interest of the United States (ECF No. 37 ), which requests the Court to consolidate next week's hearing for preliminary relief with a trial on the merits pursuant to Federal Rule of Civil Procedure 65(a)(2). Plaintiff and Defendants in their subsequent filings (ECF Nos. 41 and 45 ) did not address the United Statess request. In the event that the parties consent, the Court is agreeable to advance the full trial of Plaintiffs claims on the merits and consolidate that trial with its hearing on Plaintiffs motion for a preliminary injunction pursuant to Rule 65(a)(2). The Court hereby orders the parties to file on the docket by Thursday, August 10, 2023 at 12:00 p.m. noon a joint letter advising the Court whether the parties consent to the Court entering a final decision on the merits of Plaintiff's Complaint after the hearing on August 14, 2023. So Ordered by Judge Robert Kirsch on 08/08/2023. (pdm) (Entered: 08/08/2023)

Order

Letter from Plaintiff and Defendants. (LEVY, NATHANIEL) (Entered: 08/10/2023)

NOTICE of Appearance by JEREMY FEIGENBAUM on behalf of PHILLIP D. MURPHY, MATTHEW J. PLATKIN (FEIGENBAUM, JEREMY) (Entered: 08/10/2023)

Minute Entry for proceedings held before Judge Robert Kirsch: Motion Hearing held on 8/14/2023 re 40 MOTION for Leave to Appear Amicus Curiae filed by Immigration Reform Law Institute, and 17 MOTION for Preliminary Injunction filed by CORECIVIC, INC. (Court Reporter, Carol Farrell (856-318-6100)) (pdm) (Entered: 08/14/2023)

OPINION filed. Signed by Judge Robert Kirsch on 8/29/2023. (mlh) (Entered: 08/29/2023)

ORDER granting 40 Motion to Appear Amicus Curiae. It is ORDERED that summary judgment is GRANTED to Plaintiff on Counts One and Two of its Amended Complaint (ECF No. 14 ); and it is further ORDERED that Plaintiff's Application for a Preliminary Injunction (ECF No. 17 ) is TERMINATED as moot. Signed by Judge Robert Kirsch on 8/29/2023. (mlh) (Entered: 08/29/2023)

Transcript of PRELIMINARY INJUNCTION HEARING held on 8/14/2023, before Judge Robert Kirsch. Court Reporter/Transcriber Carol Farrell (856-318-6100). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter/Transcription Agency due, but not filed, by 9/19/2023. Redacted Transcript Deadline set for 9/29/2023. Release of Transcript Restriction set for 11/27/2023. (kht) (Entered: 08/29/2023)

NOTICE OF APPEAL by PHILLIP D. MURPHY, MATTHEW J. PLATKIN. Filing fee $ 505, receipt number ANJDC-14620233. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (LEVY, NATHANIEL) (Main Document 53 replaced on 9/1/2023) (mg). (Entered: 08/31/2023)

QC - Fillable PDF

CLERK'S QUALITY CONTROL MESSAGE - The 53 Notice of Appeal filed by Nathaniel Levy on 8/31/2023 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our website under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (mg)

USCA Case Number 23-2598 for 53 Notice of Appeal (USCA), filed by MATTHEW J. PLATKIN, PHILLIP D. MURPHY. USCA Case Manager Alicia (Document Restricted - Court Only) (ca3amr) (Entered: 09/07/2023)

TEXT ORDER: This matter comes before the Court upon a review of its dockets. Pursuant to this Court's Opinion and Order (ECF Nos. 50, 51 ) issued on August 29, 2023, the Clerk of the Court is directed to CLOSE this matter pending appeal. (See ECF No. 53 ). So Ordered by Judge Robert Kirsch on 01/13/2025. (pdm) (Entered: 01/13/2025)

Order of Dismissal