Case: United States v. State of New York

United States of America v. State of New York

President Donald Trump

COMPLAINT against Kathleen Hochul, Letitia A. James, Mark J.F. Schroeder, and State of New York filed by The United States of America. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet attachment)(ham) (Entered: 02/13/2025)

1 Civil Cover Sheet

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2 Civil Cover Sheet attachment

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Summons Issued as to Kathleen Hochul, Letitia A. James, Mark J.F. Schroeder, and State of New York. (Attachments: # 1 Summons Issued as to Kathleen Hochul, # 2 Summons Issued as to Letitia A. James, # 3 Summons Issued as to Mark J.F. Schroeder)(ham) (Entered: 02/13/2025)

1 Summons Issued as to Kathleen Hochul

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2 Summons Issued as to Letitia A. James

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3 Summons Issued as to Mark J.F. Schroeder

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Docket Annotation

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/14/2025 11:00 AM before Magistrate Judge Mitchell J. Katz. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/7/2025. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ham) (Entered: 02/13/2025)

NOTICE OF ADMISSION REQUIREMENTS as to The United States of America: Attorney August Flentje - Email address is: August.Flentje@usdoj.gov, Phone number is: 202-514-3309; Erez Reuveni - Email address is: Erez.R.Reuveni@usdoj.gov, Phone number is: 202-307-4293; Alexander K. Haas - Email address is: Alex.Haas@usdoj.gov, Phone number is: 202-514-1259; Jacqueline Coleman Snead - Email address is: Jacqueline.Snead@usdoj.gov, Phone number is: 202-514-3418; Elisabeth J. Neylan - Email address is: Elisabeth.J.Neylan@usdoj.gov, Phone number is 202-616-3519. Admissions due by 2/27/2025. (ham) (Entered: 02/13/2025)

Dkt. No. 3 General Order Filing Order Issued and Dkt. No. 4 Notice of Attorney Admission were emailed to Attorney Flentje, Attorney Reuveni, Attorney Haas, Attorney Coleman Snead and Attorney Neylan on 2/13/2025. (hmr)

NOTICE OF APPEARANCE by Linda Fang on behalf of All Defendants (Fang, Linda) (Entered: 02/24/2025)

NOTICE by The United States of America re 4 Notice of Admission Requirement,, (Handley, Cristen) (Entered: 02/24/2025)

Unopposed Letter Motion from Linda Fang for State of New York, Kathleen Hochul, Letitia A. James, Mark J.F. Schroeder requesting extension of defendants' time to respond to complaint submitted to Judge Nardacci . (Fang, Linda) (Entered: 02/27/2025)

TEXT ORDER: Granting the # 7 Letter Request for an extension of time to respond. Defendant State of New York, Kathleen Hochul, Letitia A. James and Mark J.F. Schroeder answers are now due by 3/25/2025. SO ORDERED by Magistrate Judge Mitchell J. Katz on 2/28/2025. (kck) (Entered: 02/28/2025)

Order on Letter Request

NOTICE OF APPEARANCE by Alexander Powhida on behalf of Kathleen Hochul, Letitia A. James, Mark J.F. Schroeder, State of New York (Powhida, Alexander) (Entered: 03/03/2025)

MOTION to Dismiss for Failure to State a Claim filed by Kathleen Hochul, Letitia A. James, Mark J.F. Schroeder, State of New York. Motion returnable before Judge Nardacci Response to Motion due by 4/15/2025. Reply to Response to Motion due by 4/22/2025 (Attachments: # 1 Memorandum of Law) (Fang, Linda) (Entered: 03/25/2025)

1 Memorandum of Law

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TEXT ORDER: The Rule 16 conference set for 5/14/2025 and deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after disposition of the 10 Motion to Dismiss. SO ORDERED by Magistrate Judge Mitchell J. Katz on 3/26/2025. (kck) (Entered: 03/26/2025)

Order

Unopposed Letter Motion from United States re. Briefing Schedule for The United States of America requesting Briefing Schedule for Defendants' Motion to Dismiss submitted to Judge Nardacci . (Handley, Cristen) (Entered: 03/26/2025)

CERTIFICATE OF SERVICE by The United States of America (Attachments: # 1 Exhibit(s) Signed Return Receipt, # 2 Exhibit(s) Proofs of Service)(Handley, Cristen) (Entered: 03/31/2025)

TEXT ORDER granting Plaintiff's 12 Letter Request, filed on consent, seeking an extension of the briefing schedule as to the pending 10 Motion to Dismiss in this matter. Plaintiff shall file a response to the motion by April 25, 2025. Defendants shall file any reply to the response by May 9, 2025. The motion is returnable before the undersigned and will be taken on submission. No oral argument will be heard unless otherwise directed by the Court. SO ORDERED by U.S. District Judge Anne M. Nardacci on 4/1/2025. (mab) (Entered: 04/01/2025)

Order on Letter Request

Amicus Curiae APPEARANCE entered by Kathleen A. Reilly on behalf of Rural and Migrant Ministry Inc., The New York Immigration Coalition, Hispanic Federation, Make the Road New York, LatinoJustice PRLDEF. (Reilly, Kathleen) (Entered: 04/01/2025)

Amicus Curiae APPEARANCE entered by Michael J. Sebba on behalf of Hispanic Federation, LatinoJustice PRLDEF, Make the Road New York, Rural and Migrant Ministry Inc., The New York Immigration Coalition. (Sebba, Michael) (Entered: 04/01/2025)

MOTION to File Amicus Brief in Support of Defendants Motion to Dismiss Plaintiff's Complaint by Kathleen A. Reilly. Response to Motion due by 4/22/2025. Reply to Response to Motion due by 4/29/2025 (Attachments: # 1 Memorandum of Law, # 2 Proposed Amicus Brief, # 3 Proposed Order) Motion returnable before U.S. District Judge Anne M. Nardacci (Reilly, Kathleen) Modified on 4/2/2025 to reflect that the motion will be returnable before U.S. District Judge Anne M. Nardacci (kck). (Entered: 04/01/2025)

1 Memorandum of Law

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2 Proposed Amicus Brief

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3 Proposed Order

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FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Hispanic Federation. (Reilly, Kathleen) (Entered: 04/01/2025)

FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by LatinoJustice PRLDEF. (Reilly, Kathleen) (Entered: 04/01/2025)

FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Make the Road New York. (Reilly, Kathleen) (Entered: 04/01/2025)

FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by The New York Immigration Coalition. (Reilly, Kathleen) (Entered: 04/01/2025)

FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Rural and Migrant Ministry Inc.. (Reilly, Kathleen) (Entered: 04/01/2025)

Amicus Curiae APPEARANCE by Francisca Fajana on behalf of Hispanic Federation, LatinoJustice PRLDEF, Make the Road New York, Rural and Migrant Ministry Inc., The New York Immigration Coalition (Fajana, Francisca) Modified on 4/2/2025 to reflect that is an Amicus Curiae appearance (kck). (Entered: 04/01/2025)

Cross MOTION for Summary Judgment and Response in Opposition to Defendants' Motion to Dismiss filed by The United States of America. Motion returnable before Judge Nardacci. Response to Motion due by 5/16/2025. Reply to Response to Motion due by 5/23/2025 (Attachments: # 1 Memorandum of Law, # 2 Statement of Material Facts, # 3 Declaration of Stephen J. Kurzdorfer, # 4 Declaration of John R. Modlin) (Handley, Cristen) (Entered: 04/25/2025)

1 Memorandum of Law

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2 Statement of Material Facts

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3 Declaration of Stephen J. Kurzdorfer

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4 Declaration of John R. Modlin

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Letter Motion from Linda Fang for Kathleen Hochul, Letitia A. James, Mark J.F. Schroeder, State of New York requesting stay of defendants' time to respond to the cross motion for summary judgment pending the Court's resolution of defendants' dismissal motion, or, in the alternative, for an extension submitted to Judge Nardacci . (Fang, Linda) (Entered: 04/28/2025)

MOTION for Limited Admission Pro Hac Vice of Christopher Joseph Hajec. Filing fee $100, receipt number 27NLOSPL [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] Motions referred to Mitchell J. Katz. (ham) (Entered: 04/30/2025)

TEXT ORDER: The Court has reviewed Defendants' April 28, 2025 letter request (i) to file on May 9, 2025, as previously ordered, Dkt. No. 14, Defendants' reply in support of their pending motion to dismiss, Dkt. No. 10 ("Motion"); and (ii) to adjourn Defendants' deadline to respond to Plaintiff's cross-motion for summary judgment, Dkt. No. 24 ("Cross-Motion"), pending resolution of the earlier Motion. Dkt. No. 25 ("Letter Request"). Plaintiff has not responded to the Letter Request. "Although [Rule 56 of the Federal Rules of Civil Procedure] allows a motion for summary judgment to be filed at the commencement of an action, in many cases the motion will be premature until the nonmovant has had time to file a responsive pleading or other pretrial proceedings have been had." Fed. R. Civ. P. 56 advisory committee's note to 2010 amendment; Helios Intl S.A.R.L. v. Cantamessa USA, Inc., 23 F. Supp. 3d 173, 189 (S.D.N.Y. 2014) (collecting cases); see also Elliott v. Cartagena, 84 F.4th 481, 493 (2d Cir. 2023). Here, Defendants have not filed an answer and their pre-answer Motion is not yet fully submitted. The Letter Request is thus GRANTED. Accordingly, Defendants are directed to file their reply to the Motion on May 9, 2025, and the deadline for Defendants' response to the Cross-Motion is adjourned sine die. SO ORDERED by U.S. District Judge Anne M. Nardacci on 5/1/2025. (mab) (Entered: 05/01/2025)

Order on Letter Request

TEXT ORDER granting the # 26 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST BE FILED IN THIS ACTION or you will not receive electronic notifications in the case. SO ORDERED by U.S. Magistrate Judge Mitchell J. Katz on 5/2/2025. (kck) (Entered: 05/02/2025)

Order on Motion for Limited Admission Pro Hac Vice

MOTION for Leave to File amicus brief filed by Immigration Reform Law Institute. Response to Motion due by 5/23/2025 (Attachments: # 1 amicus brief, # 2 proposed order) Motions referred to Mitchell J. Katz. (Hajec, Christopher) (Entered: 05/02/2025)

REPLY to Response to Motion re 10 Motion to Dismiss for Failure to State a Claim, filed by Kathleen Hochul, Letitia A. James, Mark J.F. Schroeder, State of New York. (Fang, Linda) (Entered: 05/09/2025)

REPLY to Response to Motion re 10 Motion to Dismiss for Failure to State a Claim, filed by Kathleen Hochul, Letitia A. James, Mark J.F. Schroeder, State of New York. (Fang, Linda) (Entered: 05/09/2025)