Case: Wolf v. Vidal

1:16-cv-04756 | U.S. District Court for the Eastern District of New York

Filed Date: Aug. 25, 2016

Case Ongoing

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Case Summary

This was the first lawsuit brought to challenge the termination of the Deferred Action for Childhood Arrivals program (“DACA”). The plaintiff, a DACA recipient, came to the United States from Mexico at seven years old. On May 14, 2015, the U.S. Department of Homeland Security (“DHS”) revoked the plaintiff’s three-year employment authorization on the grounds that a nationwide preliminary injunction issued by the Southern District of Texas in Texas v. United States barred the plaintiff from recei…

This was the first lawsuit brought to challenge the termination of the Deferred Action for Childhood Arrivals program (“DACA”). The plaintiff, a DACA recipient, came to the United States from Mexico at seven years old. On May 14, 2015, the U.S. Department of Homeland Security (“DHS”) revoked the plaintiff’s three-year employment authorization on the grounds that a nationwide preliminary injunction issued by the Southern District of Texas in Texas v. United States barred the plaintiff from receiving further employment authorization. Represented by the National Immigration Law Center, Make the Road New York (“MRNY”), and the Worker and Immigrant Rights Advocacy Clinic at Yale Law School, the plaintiff filed a complaint in the U.S. District Court for the Eastern District of New York on August 25, 2016.


The plaintiff sued several officials at United States Citizenship and Immigration Services (“USCIS”) under the Administrative Procedure Act (“APA”), alleging that the Texas court lacked jurisdiction and authority to enter a nationwide preliminary injunction. Specifically, the complaint contended that the defendants’ revocation of the plaintiff’s employment authorization was not in accordance with law, in violation of 5 U.S.C. § 706(2)(a), because it relied on the unlawfully broad preliminary injunction in Texas v. United States. The plaintiff also alleged that the revocation violated 5 U.S.C. § 706(2)(d) because it was not done “for good cause shown” or for any other reason permitted by 8 C.F.R. § 274a.14, and thus occurred “without observance of procedure required by law.” The complaint sought declaratory relief, injunctive relief, and attorneys’ fees and costs. The case was assigned to District Judge Nicholas G. Garaufis and Magistrate Judge James Orenstein.


The plaintiff filed an amended complaint on September 29, 2016, which added MRNY as a plaintiff on behalf of itself and its members.


On September 5, 2017, the new Trump Administration issued the Duke Memo, which announced DHS’s decision to terminate DACA.


In response, the plaintiffs filed a second amended class action complaint on September 19, 2017. The complaint added five individual DACA recipients as plaintiffs and added the Secretary of DHS, the U.S. Attorney General, and the President of the United States as defendants. The plaintiff voluntarily dismissed the USCIS defendants. The amended complaint made five claims: (1) the DACA termination violated 5 U.S.C. § 706(2)(d) because DHS did not follow notice-and-comment rulemaking procedures; (2) the DACA termination constituted arbitrary and capricious agency action in violation of 5 U.S.C. § 706(2)(a) because DHS did not provide a rational basis for the change in policy on which persons had reasonably relied, the DACA rescission was based on a legal error, and DHS failed to consider all relevant factors; (3) DHS violated the Regulatory Flexibility Act (“RFA," 5 U.S.C. §§ 601 et seq.) by failing to conduct regulatory flexibility analysis to determine how terminating DACA would affect small organizations; (4) the government violated the Fifth Amendment’s Due Process Clause by failing to properly notify DACA recipients of the pending termination; and (5) the DACA termination discriminated against Latinos, violating the Fifth Amendment’s equal protection provision. The complaint sought declaratory relief, injunctive relief, and to vacate the DACA termination. 


On October 18, 2017, the government moved to stay discovery and the privilege log requirement until the court ruled on whether the defendants’ administrative record was complete. Judge Garaufis narrowed the scope of the privilege log requirement on October 19, but declined to grant the stay.


The government petitioned for a writ of mandamus in the U.S. Court of Appeals for the Second Circuit on October 19, 2017. The petition requested the Second Circuit to mandate the district court to stay discovery and supplementation of the administrative record, including any privilege log requirements. The Second Circuit granted the stay on October 23, 2017, pending consideration of the petition by a three-judge panel. On December 27, 2017, the Second Circuit denied the petition.


Meanwhile, in the district court, the government moved to dismiss the plaintiffs’ claims for lack of jurisdiction and failure to state a claim on October 27, 2017. The court partially granted the motion to dismiss for lack of subject matter jurisdiction and reserved ruling on the motion to dismiss for failure to state a claim, on November 9, 2017. Judge Garaufis held that the DACA rescission was not “committed to agency discretion by law” under 5 U.S.C. § 701(a)(2) and thus judicial review was appropriate. The court also held that DHS’s decision to terminate DACA did not fall under one of the INA’s 8 U.S.C. § 1252(g) exceptions to judicial review. However, the court dismissed the Fifth Amendment notice claim, holding that DHS’s failure to provide DACA recipients with individualized notice of the renewal deadline did not constitute an injury, and thus the plaintiffs lacked standing. The government appealed the order on January 8, 2018.


The plaintiffs filed a third amended complaint on December 11, 2017. In the amended complaint, MRNY asserted a new claim challenging the government’s processing of renewal requests submitted pursuant to the DACA Rescission Memo, under the Fifth Amendment’s Due Process Clause. The plaintiffs also moved for a preliminary injunction vacating the defendants’ termination of DACA and for class certification on December 15, 2017. The defendants moved to dismiss the third amended complaint on December 26, 2017.


The district court issued a preliminary injunction on February 13, 2018, which enjoined the government from rescinding DACA until the court issued a decision on the merits. Judge Garaufis held that the plaintiffs were likely to succeed on the substantive APA claims because DHS did not offer legally adequate reasons for terminating DACA. The court clarified that the preliminary injunction merely ordered a return to the pre-rescission status quo, and did not issue a final determination on the legality of the DACA rescission. The court also denied the plaintiffs’ motion for class certification as moot, given the preliminary injunction. The government appealed the preliminary injunction on February 20, 2018. 


On March 29, 2018, the court partially granted the government’s December 26 motion to dismiss the third amended complaint. The court dismissed the plaintiffs’ procedural APA and RFA claims, finding that the DACA Rescission Memo was a “general statement of policy,” not a legislative rule, and thus the notice-and-comment requirements of 5 U.S.C. § 553 and the RFA’s requirements did not apply. Judge Garaufis also dismissed MRNY’s Fifth Amendment Due Process claim on behalf of requestors whose applications arrived after October 5 due to postal delays or actually contained minor clerical errors. The equal protection and substantive APA claims (relating to the DACA Rescission Memo) remained intact. The government appealed on May 21, 2018.


On November 19, 2018, the government filed a petition for a writ of certiorari with the Supreme Court of the United States. The petition asked the Court to consider the following issues: 


(1) Whether DHS’s decision to wind down the DACA policy was judicially reviewable.

(2) Whether DHS’s decision to wind down the DACA policy was lawful.


The Court agreed to hear the case on June 28, 2019. This case was consolidated with related cases Trump v. NAACP and DHS v. Regents of the University of California, with future filings appearing on docket No. 18-587.


On June 18, 2020, the Supreme Court vacated the DACA rescission. In an opinion by Chief Justice John G. Roberts, Jr., the Court held that (1) DHS’s rescission was reviewable and (2) DHS’s decision to rescind DACA was arbitrary and capricious, in violation of the APA. The Court remanded the case to DHS to consider the problem anew.


First, the DACA rescission did not fall into the Heckler v. Chaney “non-enforcement decision” exception to judicial review because DACA created a program for conferring affirmative relief. Second, the INA’s jurisdictional provisions (8 U.S.C. §§ 1252(b)(9), (g)) did not bar judicial review because the parties did not challenge any removal proceedings, and the rescission was not a decision to “commence proceedings, adjudicate cases, or execute removal orders.” Third, the DHS Secretary did not explain the real reasons for the DACA rescission, instead offering impermissible “post hoc rationalization.” Fourth, the DACA Rescission Memo failed to consider important aspects of the problem, such as the option to retain deferred action, and whether DACA engendered “legitimate reliance.”


The Court vacated the district court’s February 13, 2018 preliminary injunction. The Court also partially affirmed the district court’s November 9, 2017 and March 29, 2018 orders.


In response to the Supreme Court’s ruling, DHS issued a new memo on June 28, 2020 (the “Wolf Memo”). The Wolf Memo directed DHS personnel to reject all pending and future initial requests for DACA, and to shorten DACA renewals.


On July 29, 2020, the Second Circuit remanded the case back to the district court for further proceedings consistent with the Supreme Court’s opinion.


The plaintiffs filed a fourth amended class action complaint in the district court on August 28, 2020, challenging the Wolf Memo. First, the complaint challenged DHS Acting Secretary Chad Wolf’s authority to issue the Wolf Memo. The plaintiffs contended that (1) Mr. Wolf unlawfully assumed the position, in violation of the Federal Vacancies Reform Act (“FVRA”) and the Homeland Security Act (“HSA”), and (2) President Trump violated the Appointments Clause of the Constitution (art. II, § 2, cl. 2) by holding the DHS Secretary position vacant for an unreasonably long time. Second, the complaint alleged that the Wolf Memo was arbitrary and capricious under the APA because it lacked a reasoned explanation, failed to consider relevant factors, and was issued by an individual who lacked legal authority. Third, the plaintiffs claimed that the government violated the Fifth Amendment’s Procedural Due Process provision by failing to provide notice of DHS’s refusal to adjudicate first-time DACA applications and of changes to the renewal process. 


The complaint sought declaratory relief, vacatur of the Wolf Memo and other actions taken to terminate DACA, injunctive relief, and attorneys’ fees and costs. The plaintiffs also sought certification for the following class and subclass: “All persons who are or will be prima facie eligible for deferred action under the terms of the Napolitano Memorandum,” and “All persons who had an application for deferred action through DACA, whether first-time or renewal, pending at USCIS on any date between June 30, 2020 and July 28, 2020, that have not been or will not be adjudicated in accordance with the Napolitano Memorandum.”


Also on August 28, 2020, the plaintiffs moved for partial summary judgment on the FVRA/HSA and Appointments Clause claims. On September 11, 2020, the government filed a cross-motion for summary judgment.


On November 14, 2020, Judge Garaufis granted summary judgment and class certification for the plaintiffs. The court held that Mr. Wolf did not have statutory authority to serve as Acting Secretary when he issued the Wolf Memo, and thus the memo lacked legal authority. The court also found that because Mr. Wolf was designated Acting Secretary under the HSA and not the FVRA, the FVRA did not apply.


The plaintiffs again moved for summary judgment on November 24, 2020, this time on the APA claims. The court granted summary judgment for the plaintiffs on December 4, 2020. Judge Garaufis vacated the Wolf Memo, ordered DHS to post a public notice that it would accept first-time and renewal DACA applications, and required DHS to produce a status report on the DACA program.


The government issued status reports on December 9, 2020 and January 4, 2021.


On July 16, 2021, the Southern District of Texas issued a permanent injunction in Texas v. United States, enjoining DHS from granting any new DACA applications, but allowing the agency to accept new applications and to grant renewal applications. 549 F. Supp. 3d 572.


On June 6, 2022, the plaintiffs asked the court to modify its December 2020 remedial order to clarify what the government can and cannot do in light of the Texas judge’s injunction in Texas v. United States. Specifically, the plaintiffs asked the court to direct DHS to provide DACA applicants with temporary interim relief, such as an opportunity to work and forbearance from deportation. 


The court denied the motion on August 3, 2022, holding that the plaintiffs’ requested relief exceeded the purposes of the court’s December 2020 remedial order: (1) to remedy the HSA violation by vacating the Wolf Memo and (2) to ensure that DHS would return to administering the previous policy in good faith. The court clarified that its December 2020 order did not intend to prevent DACA from lawfully changing in the future. 


The case is ongoing as of December 20, 2023.

Summary Authors

Sophia Acker (12/22/2023)

Related Cases

United States v. Texas, Southern District of Texas (2014)

Regents of University of California v. U.S. Department of Homeland Security, Northern District of California (2017)

National Association for the Advancement of Colored People v. Trump, District of District of Columbia (2017)

State of Texas v. Nielsen, Southern District of Texas (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4521200/parties/batalla-vidal-v-nielsen/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant
Expert/Monitor/Master/Other

-, Patrick Joseph (New York)

-, Joshua Rosenthal, (New York)

-, Victoria Roeck, (New York)

-, Trudy Rebert, (New York)

-, Mayra Beatriz (New York)

Expert/Monitor/Master/Other

-, Patrick Joseph (New York)

-, Joshua Rosenthal, (New York)

-, Victoria Roeck, (New York)

-, Trudy Rebert, (New York)

-, Mayra Beatriz (New York)

-, Jessica Hanson, (New York)

-, Justin Cox, (New York)

-, Muneer Ahmad, (New York)

-, Benjamin Battles, (New York)

-, Barbara D. (New York)

-, Genevieve Clair (New York)

-, Anisha Dasgupta, (New York)

-, Michael E. (New York)

-, Janine Marie (New York)

-, Ari Holtzblatt, (New York)

-, Lauren R. (New York)

-, Karen Lin, (New York)

-, Andrew John (New York)

-, Abby Christine (New York)

-, Mark B. (New York)

-, Thomas Pulham, (New York)

-, Hashim M. (New York)

-, Emily Villano, (New York)

Attorney, Karen Cassandra (New York)

Attorney, Seth P. (New York)

Bhatti, Upnit K. (New York)

Bohorquez, Fernando A. (New York)

Carter, Margaret L. (New York)

Chang, Robert (New York)

Coston, William D. (New York)

Davies, Mark (New York)

DiGrande, Melissa (New York)

Dundas, Michael (New York)

Ferguson, Ashley C. (New York)

Fiur, Seth D. (New York)

Fresco, Leon (New York)

Friel, Alan L. (New York)

Gans, David H. (New York)

General, Mark Francis (New York)

General, David S. (New York)

Gray, Danielle Carim (New York)

Guerra, Michael Anthony (New York)

Gupta, Deepak (New York)

Harrell, J. Wells (New York)

Harris, John Barney (New York)

Jestin, Katya T (New York)

Karanjia, Peter (New York)

Kennelly, Kaitland McCann (New York)

Kolodner, Jonathan Samuel (New York)

Lederer, Caryn Cecelia (New York)

Levy, Jennifer (New York)

Lin, Karen (New York)

Mangi, Adeel Abdullah (New York)

McLaughlin, Matthew T. (New York)

Obus, Steven E. (New York)

Perez, Pedro J. (New York)

Pincus, Andrew J. (New York)

Rainwater, Shiloh (New York)

Saad, Martin L. (New York)

Sarnoff, Stuart M. (New York)

Schneider, Rory (New York)

Schwartz, William J. (New York)

Shebaya, Sirine (New York)

Sheikh, Sameer P (New York)

Silverstein, Thomas Samuel (New York)

Sokol, Howard (New York)

Sokoler, Jennifer B. (New York)

Star, Wendy Michelle (New York)

Student, Susanna Evarts, (New York)

Student, David Chen, (New York)

Student, Hannah Schoen, (New York)

Student, Healy Ko, (New York)

Suvor, Daniel (New York)

Wilson, Kara C (New York)

Woo, Tiffany (New York)

Zalesin, Steven Alan (New York)

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Documents in the Clearinghouse

Document
1

1:16-cv-04756

Complaint

Vidal v. Baran

Aug. 25, 2016

Aug. 25, 2016

Complaint
29

1:16-cv-04756

Amended Complaint

Make The Road New York v. Baran

Sept. 29, 2016

Sept. 29, 2016

Complaint
60

1:16-cv-04756

Second Amended Complaint

Vidal v. Duke

Sept. 19, 2017

Sept. 19, 2017

Complaint
91

1:16-cv-04756

Order

Duke v. Vidal

U.S. Court of Appeals for the Second Circuit

Oct. 20, 2017

Oct. 20, 2017

Order/Opinion
33

17-03345

Full Petition for a Writ of Mandamus to the United States District Court for the Eastern District of New York

In re Elaine Duke, Acting Secretary of Homeland Security; Jefferson Beauregard Sessions III, Attorney General of the United States; Donald J. Trump, President of the United States; U.S. Citizenship and Immigration Services; U.S. Immigration and Customs Enforcement; and the United States of America, Petitioners.

U.S. Court of Appeals for the Second Circuit

Oct. 23, 2017

Oct. 23, 2017

Pleading / Motion / Brief

2017 WL 2017

104

1:16-cv-04756

Memorandum & Order

Vidal v. Duke

Nov. 9, 2017

Nov. 9, 2017

Order/Opinion

295 F.Supp.3d 295

113

1:16-cv-04756

Third Amended Complaint

Vidal v. Nielsen

Dec. 11, 2017

Dec. 11, 2017

Complaint
210

1:16-cv-04756

Order

In re Kirstjen M. Nielsen, Secretary of Homeland Security

U.S. Court of Appeals for the Second Circuit

Dec. 27, 2017

Dec. 27, 2017

Order/Opinion
171

17-03345

Order

In re Kirstjen M. Nielsen, Secretary of Homeland Security

U.S. Court of Appeals for the Second Circuit

Dec. 27, 2017

Dec. 27, 2017

Order/Opinion
255

1:16-cv-04756

Amended Memorandum & Order & Preliminary Injunction

Vidal, et al. v. Nielsen

Feb. 13, 2018

Feb. 13, 2018

Order/Opinion

279 F.Supp.3d 279

Resources

Title Description External URL Date / External URL

Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA)

Elaine C. Duke

This memorandum rescinds the June 15, 2012 memorandum entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,” which established the progr… Sept. 5, 2017

Sept. 5, 2017

https://www.dhs.gov/...

Memorandum from Secretary Kirstjen M. Nielsen

Kirstjen M. Nielsen

On September 5, 2017, Acting Secretary of Homeland Security Elaine C. Duke issued a memorandum (the "Duke memorandum") rescinding the enforcement policy known as Deferred Action for Childhood Arriv… June 22, 2018

June 22, 2018

None

Reconsideration of the June 15, 2012 Memorandum Entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children”

Chad F. Wolf

On June 15, 2012, Secretary of Homeland Security Janet Napolitano established the policy known as Deferred Action for Childhood Arrivals (DACA) through a memorandum entitled “Exercising Prosecutori… July 28, 2020

July 28, 2020

None

Executive Order 13768: Enhancing Public Safety in the Interior of the United States

President Donald Trump

Jan. 25, 2017

Jan. 25, 2017

https://www.gpo.gov/...

Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017)

DHS Secretary John Kelly

Feb. 20, 2017

Feb. 20, 2017

https://www.dhs.gov/...

Executive Order 13767: Border Security and Immigration Enforcement Improvements

President Donald Trump

Jan. 27, 2017

Jan. 27, 2017

https://www.govinfo.gov/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4521200/batalla-vidal-v-nielsen/

Last updated March 16, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-8866017 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Martin Jonathan Batalla Vidal. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Civil Cover Sheet) (Taylor, Amy) (Entered: 08/25/2016)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Civil Cover Sheet

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Aug. 25, 2016

Aug. 25, 2016

Clearinghouse
2

Civil Cover Sheet.. by Martin Jonathan Batalla Vidal (Taylor, Amy) (Entered: 08/25/2016)

Aug. 25, 2016

Aug. 25, 2016

RECAP

Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge James Orenstein. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly)

Aug. 25, 2016

Aug. 25, 2016

PACER
3

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 08/25/2016)

Aug. 25, 2016

Aug. 25, 2016

RECAP
4

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 08/25/2016)

Aug. 25, 2016

Aug. 25, 2016

RECAP
5

NOTICE of Appearance by Michael J. Wishnie on behalf of All Plaintiffs (aty to be noticed) (Wishnie, Michael) (Entered: 08/26/2016)

Aug. 26, 2016

Aug. 26, 2016

RECAP
6

Proposed Summons. by Martin Jonathan Batalla Vidal (Wishnie, Michael) (Entered: 08/26/2016)

Aug. 26, 2016

Aug. 26, 2016

RECAP
7

Summons Issued as to Kathy A. Baran, Susan M. Curda, Kelvin Medlock, Donald W. Neufeld. (Lee, Tiffeny) (Entered: 08/29/2016)

Aug. 29, 2016

Aug. 29, 2016

RECAP
8

MOTION for Leave to Appear Pro Hac Vice Karen C. Tumlin Filing fee $ 150, receipt number 0207-8875764. by Martin Jonathan Batalla Vidal. (Attachments: # 1 Notice of Motion, # 2 Affidavit in Support) (Tumlin, Karen) (Entered: 08/29/2016)

1 Notice of Motion

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2 Affidavit in Support

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Aug. 29, 2016

Aug. 29, 2016

RECAP

ORDER denying 8 Motion for Leave to Appear Pro Hac Vice -- The motion is denied without prejudice to renewal in conformity with this court's local rules, which require that an application for admission pro hac vice include a certificate from the state court of each state in which the applicant is a member of the bar confirming that the applicant is a member in good standing of the state court's bar. See Loc. Civ. R. 1.3(c). Ordered by Magistrate Judge James Orenstein on 8/30/2016. (Howley, Thomas)

Aug. 30, 2016

Aug. 30, 2016

PACER

Order(Other)

Aug. 30, 2016

Aug. 30, 2016

PACER
9

SUMMONS Returned Executed by Martin Jonathan Batalla Vidal. All Defendants. (Wishnie, Michael) (Entered: 08/30/2016)

Aug. 30, 2016

Aug. 30, 2016

RECAP
10

Letter MOTION for pre motion conference by Martin Jonathan Batalla Vidal. (Wishnie, Michael) (Entered: 08/30/2016)

Aug. 30, 2016

Aug. 30, 2016

RECAP
11

First MOTION for Leave to Appear Pro Hac Vice on behalf of Clement Lee Filing fee $ 150, receipt number 0207-8878570. by Martin Jonathan Batalla Vidal. (Taylor, Amy) (Entered: 08/30/2016)

Aug. 30, 2016

Aug. 30, 2016

RECAP

ORDER granting Plaintiff's 10 application for Pre-Motion Conference. The application is GRANTED. The parties are instructed to confer and contact the court's Deputy at 718-613-2545 to schedule the pre-motion conference. Ordered by Judge Nicholas G. Garaufis on 8/30/2016. (Polaris, Julian)

Aug. 30, 2016

Aug. 30, 2016

PACER
12

ORDER granting 11 Motion for Leave to Appear Pro Hac Vice -- Attorney Clement K. Lee, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 7, 2016, Mr. Lee shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Lee shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Lee shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 8/31/2016. (Howley, Thomas) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

RECAP
13

MOTION for Leave to File Law Student Appearances by Martin Jonathan Batalla Vidal. (Attachments: # 1 Law Student Intern Appearance Form of Willem Bloom, # 2 Law Student Intern Appearance Form of Jordan Laris Cohen, # 3 Law Student Intern Appearance Form of Amit Jain, # 4 Law Student Intern Appearance Form of Aaron Korthuis, # 5 Law Student Intern Appearance Form of Zachary Manfredi) (Wishnie, Michael) (Entered: 08/31/2016)

1 Law Student Intern Appearance Form of Willem Bloom

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2 Law Student Intern Appearance Form of Jordan Laris Cohen

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3 Law Student Intern Appearance Form of Amit Jain

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4 Law Student Intern Appearance Form of Aaron Korthuis

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5 Law Student Intern Appearance Form of Zachary Manfredi

View on RECAP

Aug. 31, 2016

Aug. 31, 2016

RECAP
14

MOTION for Leave to Appear Pro Hac Vice on behalf of Karen C. Tumlin Filing fee $ 150, receipt number 0207-8880437. by Martin Jonathan Batalla Vidal. (Attachments: # 1 Affidavit in Support, # 2 Certificate of Good Standing) (Tumlin, Karen) (Entered: 08/31/2016)

1 Affidavit in Support

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2 Certificate of Good Standing

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Aug. 31, 2016

Aug. 31, 2016

RECAP
15

ORDER granting 14 Motion for Leave to Appear Pro Hac Vice -- Attorney Karen C. Tumlin, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 8, 2016, Ms. Tumlin shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Tumlin shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Tumlin shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/1/2016. (Howley, Thomas) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

RECAP

ORDER granting 13 Motion for Leave to File Law Student Appearances -- The motion is granted. The law students are authorized to appear under the supervision of attorney Michael J. Wishnie. Ordered by Magistrate Judge James Orenstein on 9/1/2016. (Howley, Thomas)

Sept. 1, 2016

Sept. 1, 2016

PACER
16

NOTICE of Appearance by Clement Lee on behalf of Martin Jonathan Batalla Vidal (aty to be noticed) (Lee, Clement) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

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17

NOTICE of Appearance by Scott Dunn on behalf of All Defendants (aty to be noticed) (Dunn, Scott) (Entered: 09/07/2016)

Sept. 7, 2016

Sept. 7, 2016

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18

MOTION for Leave to Appear Pro Hac Vice on behalf of Muneer I. Ahmad Filing fee $ 150, receipt number 0207-8892225. by Martin Jonathan Batalla Vidal. (Ahmad, Muneer) (Entered: 09/07/2016)

Sept. 7, 2016

Sept. 7, 2016

RECAP
19

NOTICE of Appearance by Karen C. Tumlin on behalf of Martin Jonathan Batalla Vidal (notification declined or already on case) (Tumlin, Karen) (Entered: 09/07/2016)

Sept. 7, 2016

Sept. 7, 2016

RECAP
20

ORDER granting 18 Motion for Leave to Appear Pro Hac Vice -- Attorney Muneer I. Ahmad, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 15, 2016, Mr. Ahmad shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Ahmad shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Ahmad shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/8/2016. (Howley, Thomas) (Entered: 09/08/2016)

Sept. 8, 2016

Sept. 8, 2016

RECAP
21

NOTICE of Appearance by Adam Kirschner on behalf of All Defendants (aty to be noticed) (Kirschner, Adam) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

RECAP
22

NOTICE of Appearance by Muneer Ahmad on behalf of Martin Jonathan Batalla Vidal (notification declined or already on case) (Ahmad, Muneer) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

RECAP
23

NOTICE by Kathy A. Baran, Susan M. Curda, Kelvin Medlock, Donald W. Neufeld, Proposed Briefing Schedule (Kirschner, Adam) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

RECAP
24

MOTION for Leave to Appear Pro Hac Vice on behalf of Marisol Orihuela Filing fee $ 150, receipt number 0207-8921984. by Martin Jonathan Batalla Vidal. (Orihuela, Marisol) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

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25

ORDER granting 24 Motion for Leave to Appear Pro Hac Vice -- Attorney Marisol Orihuela, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 27, 2016, Ms. Orihuela shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Orihuela shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Orihuela shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/20/2016. (Howley, Thomas) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

RECAP
26

NOTICE of Appearance by Marisol Orihuela on behalf of Martin Jonathan Batalla Vidal (notification declined or already on case) (Orihuela, Marisol) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

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27

MOTION for Leave to Appear Pro Hac Vice Justin Cox Filing fee $ 150, receipt number 0207-8931610. by Martin Jonathan Batalla Vidal. (Cox, Justin) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

RECAP

Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Pre-Motion Conference held on 9/22/2016. Counsel for both parties present. The court granted leave for Plaintiff to file an amended complaint, and for both parties to file motions for dismissal or summary judgment. The court set the following schedule: Plaintiff shall file his amended complaint by September 29, 2016; Plaintiff shall serve his motion by October 6, 2016; Defendants shall serve their consolidated opposition and cross-motion by November 10, 2016; Plaintiff shall serve his reply, if any, and his consolidated opposition by November 30, 2016; and Defendants shall serve their reply, if any, and file the fully briefed motions by December 28, 2016. Oral argument is scheduled for January 25, 2017, at 2 p.m. The court granted Defendants' oral request to stay Defendants' answer to the anticipated amended complaint until 30 days after the court rules on the parties' dispositive motions. (Court Reporter Anthony Mancuso) (Polaris, Julian)

Sept. 22, 2016

Sept. 22, 2016

PACER

Pre Motion Conference

Sept. 22, 2016

Sept. 22, 2016

PACER
28

ORDER granting 27 Motion for Leave to Appear Pro Hac Vice -- Attorney Justin B. Cox, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 29, 2016, Mr. Cox shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Cox shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Cox shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/22/2016. (Howley, Thomas) (Entered: 09/22/2016)

Sept. 22, 2016

Sept. 22, 2016

RECAP
29

AMENDED COMPLAINT against All Defendants, filed by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Wishnie, Michael) (Entered: 09/29/2016)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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Sept. 29, 2016

Sept. 29, 2016

Clearinghouse
30

Proposed Summons. by Martin Jonathan Batalla Vidal, Make the Road New York (Wishnie, Michael) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

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31

NOTICE of Appearance by Justin B. Cox on behalf of All Plaintiffs (aty to be noticed) (Cox, Justin) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

RECAP
32

Summons Issued as to Leon Rodriguez, U.S. Attorney and U.S. Attorney General. (Lee, Tiffeny) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

RECAP
33

SUMMONS Returned Executed by Make the Road New York, Martin Jonathan Batalla Vidal. Leon Rodriguez served on 10/11/2016, answer due 11/1/2016. (Wishnie, Michael) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

RECAP
34

MOTION for Leave to File Law Student Appearances by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: # 1 Law Student Appearances) (Wishnie, Michael) (Entered: 10/27/2016)

1 Law Student Appearances

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Oct. 27, 2016

Oct. 27, 2016

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35

First MOTION to Stay Briefing Schedule by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: # 1 Proposed Order) (Wishnie, Michael) (Entered: 11/21/2016)

1 Proposed Order

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Nov. 21, 2016

Nov. 21, 2016

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36

ORDER granting 35 Motion to Stay Briefing Schedule. Plaintiffs' response to Defendants' Motion to Dismiss and Motion in Opposition to Plaintiffs' Motion for Summary Judgment is due on February 20,2017. Defendant's reply is due on March 20,2017. The hearing currently scheduled for January 25,2017 will be postponed until briefing is completed. So Ordered by Judge Nicholas G. Garaufis on 11/21/2016. (Lee, Tiffeny) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

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ORDER granting 34 Motion for Leave to File -- The motion is granted. The law students are authorized to appear under the supervision of attorney Michael J. Wishnie. Ordered by Magistrate Judge James Orenstein on 11/28/2016. (Miao, Tiffany)

Nov. 28, 2016

Nov. 28, 2016

PACER
37

Joint MOTION to Stay Briefing Schedule by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: # 1 Proposed Order) (Wishnie, Michael) (Entered: 02/13/2017)

1 Proposed Order

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Feb. 13, 2017

Feb. 13, 2017

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38

ORDER granting Joint 37 Motion to Stay Briefing Schedule. Plaintiffs' response to Defendants' Motion to Dismiss and Motion in Opposition to Plaintiffs' Motion for Summary Judgment is due on April 17, 2017. Defendants' reply is due on May 15, 2017. So Ordered by Judge Nicholas G. Garaufis on 2/14/2017. (Lee, Tiffeny) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

RECAP
39

NOTICE of Appearance by Daniel Halainen on behalf of All Defendants (aty to be noticed) (Halainen, Daniel) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

RECAP
40

Joint MOTION to Stay Briefing Schedule and Schedule Joint Status Report by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: # 1 Proposed Order) (Wishnie, Michael) (Entered: 04/04/2017)

1 Proposed Order

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April 4, 2017

April 4, 2017

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41

ORDER granting 40 Motion to Stay Briefing Schedule. The Court hereby GRANTS Plaintiffs' and Defendants' joint motion to indefinitely stay the briefing schedule. Plaintiffs' and Defendants' joint status report to the Court is due on September 15,2017. So Ordered by Judge Nicholas G. Garaufis on 4/4/2017. (Lee, Tiffeny) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

RECAP
42

NOTICE of Appearance by Joseph Anthony Marutollo on behalf of All Defendants (aty to be noticed) (Marutollo, Joseph) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

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43

NOTICE of Change of Mailing address and telephone number by Justin B. Cox (Cox, Justin) (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

RECAP
44

Notice of MOTION for Leave to Appear Pro Hac Vice of Jessica R. Hanson, Filing fee $ 150, receipt number 02079785605. by Martin Jonathan Batalla Vidal. (Attachments: # 1 Payment Confirmation) (Barrett, C) (Entered: 08/28/2017)

1 Payment Confirmation

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Aug. 28, 2017

Aug. 28, 2017

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45

ORDER denying 44 Motion for Leave to Appear Pro Hac Vice -- The motion is denied without prejudice to renewal in conformity with this court's local rules, which require that an application for admission pro hac vice include a certificate from the state court of each state in which the applicant is a member of the bar confirming that the applicant is a member in good standing of the state court's bar. See Loc. Civ. R. 1.3(c). If and when the applicant seeks renewal, she must file a second motion for leave to appear pro hac vice. If the court grants the motion, counsel may request a refund of the second filing fee with the Clerk of the Court. Ordered by Magistrate Judge James Orenstein on 8/29/2017. (Miao, Tiffany) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

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46

MOTION for pre motion conference by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: # 1 Exhibit A-F) (Wishnie, Michael) (Entered: 09/05/2017)

1 Exhibit A-F

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Sept. 5, 2017

Sept. 5, 2017

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ORDER re Plaintiffs' 46 Application for Pre-Motion Conference: The Application is GRANTED. The parties are instructed to confer and contact the court's Deputy at 718-613-2545 to schedule the pre-motion conference. Ordered by Judge Nicholas G. Garaufis on 9/5/2017. (Scott, Conrad)

Sept. 5, 2017

Sept. 5, 2017

PACER
47

MOTION for Leave to Appear Pro Hac Vice Jessica R. Hanson Filing fee $ 150, receipt number 0207-9804601. by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: # 1 Certificate of Good Standing) (Hanson, Jessica) (Entered: 09/05/2017)

1 Certificate of Good Standing

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Sept. 5, 2017

Sept. 5, 2017

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48

MOTION for Leave to Appear Pro Hac Vice Mayra B. Joachin Filing fee $ 150, receipt number 0207-9805274. by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: # 1 Certificate of Good Standing) (Joachin, Mayra) (Entered: 09/05/2017)

1 Certificate of Good Standing

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Sept. 5, 2017

Sept. 5, 2017

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ORDER granting 47 Motion for Leave to Appear Pro Hac Vice -- Attorney Jessica Hanson, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 13, 2017, Ms. Hanson shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Hanson shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Hanson shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/6/2017. (Miao, Tiffany)

Sept. 6, 2017

Sept. 6, 2017

PACER

ORDER granting 48 Motion for Leave to Appear Pro Hac Vice -- Attorney Mayra Joachin, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 13, 2017, Ms. Joachin shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Joachin shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Joachin shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/6/2017. (Miao, Tiffany)

Sept. 6, 2017

Sept. 6, 2017

PACER
49

NOTICE of Appearance by Jessica Hanson on behalf of All Plaintiffs (notification declined or already on case) (Hanson, Jessica) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

RECAP
50

NOTICE of Appearance by Mayra B. Joachin on behalf of All Plaintiffs (notification declined or already on case) (Joachin, Mayra) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

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51

ORDER re Plaintiffs' 46 Application for Pre-Motion Conference. Plaintiffs are DIRECTED, by no later than Monday, September 11, 2017, to file either their proposed second amended complaint or a letter (1) identifying all claims Plaintiffs wish to assert in a second amended complaint, specifically including any claims for which Plaintiffs intend to seek class treatment; (2) describing the interests in this case of any additional parties Plaintiffs wish to add as plaintiffs in a second amended complaint; and (3) identifying any additional parties Plaintiffs wish to name as defendants and explaining why Plaintiffs intend to name such parties as defendants. The Government is DIRECTED, by no later than Wednesday, September 13, 2017, to file a letter stating, with as much specificity as possible, its position on Plaintiffs' proposal to amend their complaint. The parties should be prepared to discuss these filings at the pre-motion conference currently scheduled for September 14, 2017, at 2:30 p.m. Ordered by Judge Nicholas G. Garaufis on September 7, 2017. (Scott, Conrad) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

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52

Letter by Martin Jonathan Batalla Vidal, Make the Road New York (Wishnie, Michael) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

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53

NOTICE of Appearance by Brett Shumate on behalf of All Defendants (aty to be noticed) (Shumate, Brett) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

RECAP
54

MOTION for Leave to File Law Student Appearances by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: # 1 Law Student Intern Appearance Form of David Chen, # 2 Law Student Intern Appearance Form of Hannah Schoen, # 3 Law Student Intern Appearance Form of Emily Villano) (Wishnie, Michael) (Entered: 09/12/2017)

1 Law Student Intern Appearance Form of David Chen

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2 Law Student Intern Appearance Form of Hannah Schoen

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3 Law Student Intern Appearance Form of Emily Villano

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Sept. 12, 2017

Sept. 12, 2017

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55

NOTICE of Appearance by Brad Rosenberg on behalf of All Defendants (aty to be noticed) (Rosenberg, Brad) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

RECAP
56

Letter in Response to Order (ECF No. 51), Letter (ECF No. 52) by Kathy A. Baran, Susan M. Curda, Kelvin Medlock, Donald W. Neufeld, Leon Rodriguez (Rosenberg, Brad) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

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57

CERTIFICATE OF SERVICE by Martin Jonathan Batalla Vidal, Make the Road New York re 54 MOTION for Leave to File Law Student Appearances Corrected (Wishnie, Michael) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

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ORDER granting 54 Motion for Leave to File -- The motion is granted. Law students David Chen, Hannah Schoen, and Emily Villano are authorized to appear under the supervision of attorney Michael Wishnie. Ordered by Magistrate Judge James Orenstein on 9/14/2017. (Miao, Tiffany)

Sept. 14, 2017

Sept. 14, 2017

PACER

Minute Entry for proceedings held before Judge Nicholas G. Garaufis and Magistrate Judge James Orenstein: Pre-Motion Conference held on 9/14/2017. Counsel for all parties present. The court GRANTED Plaintiffs leave to file a second amended complaint. Plaintiffs shall file their second amended complaint by 9/19/2017. The court GRANTED Defendants leave to file a motion to dismiss and, separately, GRANTED Plaintiffs leave to move for class certification. The court set the following schedule for the anticipated motions: Defendants shall serve their motion to dismiss, and Plaintiffs shall serve their motion for class certification, by 10/20/2017; the parties shall serve their respective responses by 11/17/2017; and the parties shall serve their respective replies and file the fully briefed motions by 12/15/2017. A status conference will be held on 9/26/2017, at 4:00 PM, at which the parties are DIRECTED to appear. Judge Orenstein will address discovery issues in a separate order. (Court Reporter Georgette Betts) (Scott, Conrad)

Sept. 15, 2017

Sept. 15, 2017

PACER
58

ORDER: As discussed on the record at the conference in the Batalla Vidal action on September 14, 2017, I respectfully direct the parties to meet and confer about discovery. No later than September 22, 2017, the parties shall report their respective positions on the threshold question of whether discovery should proceed now or await the resolution of the defendants' anticipated motion for dismissal. By the same date, the parties shall submit their respective scheduling proposals in the event discovery is not stayed, as well as a proposed schedule for litigating any specific discovery disputes that the parties have identified as likely to arise. I will expect the parties to be prepared to discuss all matters relating to discovery at the next conference on September 26, 2017. In light of the fact that the parties to the Batalla Vidal action have agreed to the filing of a second amended complaint that will include claims that overlap with those already asserted in State of New York action, I encourage the plaintiffs' counsel in the latter case to participate in the meet-and-confer process in the former. Although issue has not yet been joined in the State of New York action, the participation of counsel from that case in the discovery planning process in the Batalla Vidal action will help to avoid needless burdens on the parties in each case. I therefore invite counsel for the parties in the State of New York action to appear at the conference in the Batalla Vidal action on September 26, 2017, and to participate in the discussion of issues relating to the discovery process. Ordered by Magistrate Judge James Orenstein on 9/15/2017. (Orenstein, James) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

RECAP
59

MOTION for Leave to Appear Pro Hac Vice on behalf of Joshua A. Rosenthal Filing fee $ 150, receipt number 0207-9840907. by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: # 1 Certificate of Good Standing) (Rosenthal, Joshua) (Entered: 09/19/2017)

1 Certificate of Good Standing

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Sept. 19, 2017

Sept. 19, 2017

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60

AMENDED COMPLAINT Second against Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump, filed by Make the Road New York, Martin Jonathan Batalla Vidal. (Attachments: # 1 Exhibit A-G) (Wishnie, Michael) (Entered: 09/19/2017)

1 Exhibit A-G

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Sept. 19, 2017

Sept. 19, 2017

Clearinghouse
61

NOTICE of Voluntary Dismissal by Martin Jonathan Batalla Vidal, Make the Road New York against Kathy A. Baran, Kelvin Medlock, Susan M. Curda, Donald Neufeld, and Leon Rodriguez (Wishnie, Michael) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

RECAP

ORDER granting 59 Motion for Leave to Appear Pro Hac Vice -- Attorney Joshua Rosenthal, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 27, 2017, Mr. Rosenthal shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Rosenthal shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Rosenthal shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/20/2017. (Miao, Tiffany)

Sept. 20, 2017

Sept. 20, 2017

PACER
62

NOTICE of Appearance by Stephen M. Pezzi on behalf of All Defendants (aty to be noticed) (Pezzi, Stephen) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

RECAP
63

MOTION to Withdraw as Attorney by Kathy A. Baran, Susan M. Curda, Kelvin Medlock, Donald W. Neufeld, Leon Rodriguez. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Proposed Order) (Halainen, Daniel) (Entered: 09/20/2017)

1 Declaration

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2 Declaration

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3 Proposed Order

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Sept. 20, 2017

Sept. 20, 2017

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ORDER granting 63 Motion to Withdraw as Attorney -- The motion is granted; attorney Daniel Halainen and attorney Adam Kirschner terminated. Ordered by Magistrate Judge James Orenstein on 9/21/2017. (Miao, Tiffany)

Sept. 21, 2017

Sept. 21, 2017

PACER
64

NOTICE of Appearance by Joshua Rosenthal on behalf of All Plaintiffs (notification declined or already on case) (Rosenthal, Joshua) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

RECAP
65

Letter in Response to Sept. 15, 2017 Order Regarding Defendants' Position on Discovery by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump (Pezzi, Stephen) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

RECAP
66

Letter in Response to September 15, 2017 Order Regarding Discovery by Martin Jonathan Batalla Vidal (Cox, Justin) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

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67

SCHEDULING ORDER: Joint proposal for schedule of bi-weekly status conferences to address outstanding discovery disputes due by: September 29, 2017. Deadline for all Rule 26(a)(1) disclosures: October 4, 2017. Deadline for defendants' production of administrative record and privilege log: October 6, 2017. Objections to discovery requests due by: 1 week after service of requests. Responses to discovery requests due by: 2 weeks after service of requests. Deposition errata due by: 1 week after deposition. Joint status report due by: 1 week before each status conference. All expert disclosures due by: November 15, 2017. All discovery to be completed by: December 15, 2017. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 9/27/2017. (Orenstein, James) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

RECAP
68

Proposed Scheduling Order Joint Schedule Re: Discovery by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas (Wishnie, Michael) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

RECAP
69

Letter MOTION to Vacate in part Sept. 27, 2017 Case-Management and Scheduling Order by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump. (Pezzi, Stephen) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

RECAP

ORDER re: Defendants' 69 Motion to Vacate in Part Magistrate Judge James Orenstein's 67 Case Management and Scheduling Order. Plaintiffs are DIRECTED to respond to Defendants' motion by no later than Tuesday, October 3, 2017, at 12 p.m. Ordered by Judge Nicholas G. Garaufis on 9/30/2017. (Scott, Conrad)

Sept. 30, 2017

Sept. 30, 2017

PACER

Minute Entry for proceedings held before Judge Nicholas G. Garaufis and Magistrate Judge James Orenstein: Status Conference held on 9/26/2017. Counsel for all parties and for the States of Massachusetts, New York, and Washington present. The court revised the briefing schedule for Defendants' anticipated motion to dismiss and set a briefing schedule for Plaintiffs' anticipated motion for preliminary relief as follows: Defendants shall file their anticipated motion to dismiss, or a motion for summary judgment, and Plaintiffs shall file any motion for preliminary relief, by no later than December 15, 2017; and Plaintiffs shall file their opposition to Defendants' anticipated motion, and Defendants shall file their opposition to any motion for preliminary relief, by January 13, 2018. The parties are directed to disregard Individual Rule III(B), regarding bundling of motion papers, for purposes of these anticipated motions. The court will hear oral argument on the motion or motions on January 18, 2018. (Court Reporters Lisa Schmid and David Roy) (Scott, Conrad)

Oct. 2, 2017

Oct. 2, 2017

PACER

SCHEDULING ORDER: I respectfully direct the parties to appear before me for a status conference on each of the following dates, at 2:00 p.m. in courtroom 11D South: October 11, October 25, November 8, November 29, and December 13, 2017. I further respectfully direct the parties to submit a joint status report by October 6, 2017, in advance of the first conference scheduled above, and to submit a joint status report no later than one week before each subsequent conference. I will cancel any conference on the parties' unanimous request. Any counsel of record who wishes to listen to a conference by telephone may make arrangements to do so, but any counsel who wishes to be heard at a conference must appear in person. Ordered by Magistrate Judge James Orenstein on 10/2/2017. (Orenstein, James)

Oct. 2, 2017

Oct. 2, 2017

PACER
70

RESPONSE in Opposition re 69 Letter MOTION to Vacate in part Sept. 27, 2017 Case-Management and Scheduling Order filed by All Plaintiffs. (Ahmad, Muneer) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

RECAP
71

MOTION for Leave to File Law Student Appearances by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas. (Attachments: # 1 Law Student Appearance Form of Victoria Roeck, # 2 Law Student Appearance Form of Healy Ko) (Wishnie, Michael) (Entered: 10/03/2017)

1 Law Student Appearance Form of Victoria Roeck

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2 Law Student Appearance Form of Healy Ko

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Oct. 3, 2017

Oct. 3, 2017

RECAP
72

ORDER re Defendants' Motion to Vacate in Part Magistrate Judge James Orenstein's Case Management and Scheduling Order: The Motion is GRANTED in part, as stated in the attached order. Defendants' time to submit a privilege log is extended to October 20, 2017. The court will address Defendants' remaining objections by separate order. Defendants are invited to file a reply, not to exceed five pages, to Plaintiffs' oppositions no later than October 10, 2017. Re (69) Motion to Vacate in Case 16-CV-4756-NGG-JO and (48) Motion to Vacate in Case 17-CV-5228-NGG-JO. Ordered by Judge Nicholas G. Garaufis on 10/3/2017. (Scott, Conrad) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

RECAP
73

NOTICE of Appearance by Mary Bailey on behalf of All Defendants (aty to be noticed) (Bailey, Mary) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

RECAP
74

NOTICE of Change of Address by Karen C. Tumlin (Tumlin, Karen) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

RECAP
75

NOTICE of Change of Address by Mayra B. Joachin (Joachin, Mayra) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

RECAP
76

NOTICE of Change of Address by Jessica Hanson (Hanson, Jessica) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

RECAP

ORDER granting 71 Motion for Leave to File -- The motion is granted. Law students Victoria Roeck and Healy Ko are authorized to appear under the supervision of attorney Michael Wishnie. Ordered by Magistrate Judge James Orenstein on 10/6/2017. (Drake, Shaw)

Oct. 6, 2017

Oct. 6, 2017

PACER
77

NOTICE by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump of Filing of Administrative Record (Attachments: # 1 Ex. 1 - Administrative Record) (Pezzi, Stephen) (Entered: 10/06/2017)

1 Ex. 1 - Administrative Record

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Oct. 6, 2017

Oct. 6, 2017

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78

STATUS REPORT (Joint) by Kathy A. Baran, Susan M. Curda, Elaine C. Duke, Kelvin Medlock, Donald W. Neufeld, Leon Rodriguez, Jefferson Beauregard Sessions, Donald J. Trump (Bailey, Kate) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

RECAP

ORDER re docket entry #78 in CV 16-4756 and docket entry #57 in CV 17-5228 STATUS REPORT (Joint) -- The plaintiffs may file a response to the defendants' objections to discovery by 2:00 p.m. on October 10, 2017. Ordered by Magistrate Judge James Orenstein on 10/9/2017. (Guy, Alicia)

Oct. 9, 2017

Oct. 9, 2017

PACER

Order(Other)

Oct. 9, 2017

Oct. 9, 2017

PACER
79

Letter in Response to the Defendants' Objections to Discovery by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas (Rosenthal, Joshua) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

RECAP

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: Aug. 25, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Eight individual DACA recipients on behalf of themselves and all other similarly situated individuals, and immigrant-led nonprofit organization Make the Road New York, on behalf of itself, its members, and its clients.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Homeland Security (- United States (national) -), Federal

U.S. Citizenship and Immigration Services (- United States (national) -), Federal

President of the United States (- United States (national) -), Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

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

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Preliminary relief request withdrawn/mooted

Issues

Discrimination Basis:

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Race, unspecified

Immigration/Border:

DACA (Deferred Action for Childhood Arrivals)

Work authorization - procedures