Case: United States v. The City of Rochester

United States of America v. The City of Rochester

COMPLAINT against All Defendants, filed by United States of America. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Resolution 2017-5, # 3 Exhibit B - General Order 502, # 4 Exhibit C - Training Bulletin P-75-17, # 5 Supplement Summons - City of Rocheser, # 6 Supplement Summons - Evans, # 7 Supplement Summons - Rochester City Council, # 8 Supplement Summons - Melendez)(McTague, Alexandra) (Entered: 04/24/2025)

1 Civil Cover Sheet

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2 Exhibit A - Resolution 2017-5

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3 Exhibit B - General Order 502

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4 Exhibit C - Training Bulletin P-75-17

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5 Supplement Summons - City of Rocheser

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6 Supplement Summons - Evans

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7 Supplement Summons - Rochester City Council

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8 Supplement Summons - Melendez

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Summons Issued as to Malik D. Evans, Miguel A. Melendez, Jr., Rochester City Council, The City of Rochester. (TMK) (Entered: 04/25/2025)

NOTICE of Appearance by Glenn Matthew Girdharry on behalf of The United States of America (Girdharry, Glenn) (Entered: 04/25/2025)

NOTICE of Appearance by Alessandra Faso on behalf of The United States of America (Faso, Alessandra) (Entered: 04/25/2025)

Case Assigned to Hon. Frank P. Geraci, Jr. Notification to Chambers of on-line civil case opening. (TMK)

Case Assigned/Reassigned

AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's ADR webpage and/or contact the Court's ADR Administrator at adrprogram@nywd.uscourts.gov. Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the ADR Plan and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan. (TMK)

Automatic Referral to Mediation

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (TMK)

Notice of Availability of Magistrate Judge

SUMMONS Returned Executed by The United States of America. Malik D. Evans served on 4/30/2025, answer due 5/21/2025; Miguel A. Melendez, Jr served on 4/30/2025, answer due 5/21/2025; Rochester City Council served on 4/30/2025, answer due 5/21/2025; The City of Rochester served on 4/30/2025, answer due 5/21/2025. (JLH) (Entered: 05/05/2025)

ANSWER to 1 Complaint, by The City of Rochester, Malik D. Evans, Rochester City Council, Miguel A. Melendez, Jr. (Attachments: # 1 Exhibit A (1986 City of Sanctuaries Resolution), # 2 Exhibit B (Border Patrol call to City 911 Center), # 3 Exhibit C (Body Camera Video))(Beath, Patrick) (Entered: 05/21/2025)

1 Exhibit A (1986 City of Sanctuaries Resolution)

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2 Exhibit B (Border Patrol call to City 911 Center)

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3 Exhibit C (Body Camera Video)

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TEXT ORDER REFERRING CASE to Hon. Mark W. Pedersen, United States Magistrate Judge, for all pretrial matters excluding dispositive motions. The parties are encouraged to consider consenting to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c). Consent forms are available from the chambers of the Magistrate Judge or the office of the Clerk of Court. The parties may give consent to a Magistrate Judge to conduct all proceedings and enter a final order dispositive of each motion; or such consent may be given for a limited purpose such as the disposition of a particular motion that would otherwise be before the District Judge in the absence of such consent. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 5/21/2025. (MFM)Clerk to Follow up (Entered: 05/21/2025)

MEMORANDUM in Support re 9 MOTION to Intervene filed by Third Presbyterian Church, Ibero-American Action League, Inc., New Hope Free Methodist Church, Western New York Coalition of Farmworker Serving Agencies. (Belsher, Amy) (Entered: 06/04/2025)

DECLARATION re 9 MOTION to Intervene filed by Third Presbyterian Church, Ibero-American Action League, Inc., New Hope Free Methodist Church, Western New York Coalition of Farmworker Serving Agencies Declaration of Amy Belsher in Support of Motion to Intervene filed by Third Presbyterian Church, Ibero-American Action League, Inc., New Hope Free Methodist Church, Western New York Coalition of Farmworker Serving Agencies. (Attachments: # 1 Exhibit 1, Declaration of Angelica Perez Delgado, # 2 Exhibit 2, Declaration of Irene Sanchez, # 3 Exhibit 3, Declaration of Reverend Rebecca Segers, # 4 Exhibit 4, Declaration of Reverend Marissa Mattox Heffernan, # 5 Exhibit 5, Proposed Notice of Motion to Dismiss, # 6 Exhibit 6, Proposed Memorandum of Law in Support of Intervenors-Defendants' Motion to Dismiss)(Belsher, Amy) (Entered: 06/04/2025)

Letter filed by Third Presbyterian Church, Ibero-American Action League, Inc., New Hope Free Methodist Church, Western New York Coalition of Farmworker Serving Agencies concerning opportunities for more junior lawyers. (Belsher, Amy) (Entered: 06/04/2025)

MOTION for Judgment on the Pleadings by The City of Rochester, Malik D. Evans, Rochester City Council, Miguel A. Melendez, Jr. (Attachments: # 1 Memorandum in Support)(Kieburtz, James) (Entered: 06/04/2025)

1 Memorandum in Support

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MOTION to Intervene by Third Presbyterian Church, Ibero-American Action League, Inc., New Hope Free Methodist Church, Western New York Coalition of Farmworker Serving Agencies.(Belsher, Amy) (Entered: 06/04/2025)

NOTICE of Appearance by Gabriella M Larios on behalf of Third Presbyterian Church, Ibero-American Action League, Inc., New Hope Free Methodist Church, Western New York Coalition of Farmworker Serving Agencies (Larios, Gabriella) (Entered: 06/05/2025)

NOTICE of Appearance by Ifeyinwa Chikezie on behalf of Third Presbyterian Church, Ibero-American Action League, Inc., New Hope Free Methodist Church, Western New York Coalition of Farmworker Serving Agencies (Chikezie, Ifeyinwa) (Entered: 06/05/2025)

TEXT ORDER re 8 MOTION for Judgment on the Pleadings. Response due 7/8/2025. Reply due 7/22/2025. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 6/5/2025. (EMC) (Entered: 06/05/2025)

TEXT ORDER re 9 MOTION to Intervene. Response due 7/8/2025. Reply due 7/22/2025. The Court takes the request for oral argument under advisement. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 6/5/2025. (EMC) (Entered: 06/05/2025)

ORDER: Scheduling Conference set for 6/26/2025 at 12:30 PM before Hon. Mark W. Pedersen. A joint proposed discovery plan is due to be filed at least 4 business days prior to the conference. Signed by Hon. Mark W. Pedersen on 6/5/2025. (JB) (Entered: 06/05/2025)

Letter filed by The City of Rochester, Malik D. Evans, Rochester City Council, Miguel A. Melendez, Jr. (Kieburtz, James) (Entered: 06/16/2025)

NOTICE of Appearance by Perry Maxwell Grossman on behalf of Third Presbyterian Church, Ibero-American Action League, Inc., New Hope Free Methodist Church, Western New York Coalition of Farmworker Serving Agencies (Grossman, Perry) (Entered: 06/16/2025)

Joint MOTION to Adjourn Briefing Schedule on 12(c) Motion by The City of Rochester, Malik D. Evans, Rochester City Council, Miguel A. Melendez, Jr.(Kieburtz, James) (Entered: 06/17/2025)

TEXT ORDER re 20 MOTION to Adjourn Briefing Schedule on 12(c) Motion. Plaintiff may respond by July 2, 2025. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 6/18/2025. (EMC) (Entered: 06/18/2025)

TEXT ORDER re 18 Letter filed by The City of Rochester, Miguel A. Melendez, Jr., Rochester City Council, Malik D. Evans: The Rule 16 Scheduling Conference will take place as scheduled on 6/26/2025 at 12:30 PM before Hon. Mark W. Pedersen. The deadline to submit a joint proposed discovery plan is extended to 6/24/2025. Parties who wish to appear by telephone are directed to review page 1 of the order setting this conference for dial-in information (ECF No. 17 ). SO ORDERED. Signed by Hon. Mark W. Pedersen on 6/20/2025. (JB) (Entered: 06/20/2025)

DISCOVERY PLAN by The United States of America.(Faso, Alessandra) (Entered: 06/24/2025)

NOTICE of Appearance by James M. Thompson on behalf of State of New York (Thompson, James) (Entered: 06/26/2025)

MOTION to appear pro hac vice on behalf of Philip J. Levitz ( Filing fee $ 200 receipt number ANYWDC-5517106.) by State of New York. (Attachments: # 1 Petition, # 2 Sponsor's Affidavit, # 3 Attorney's Oath, # 4 WDNY Civility Principles Oath, # 5 E-Filing Registration Form, # 6 Proposed Order)(Thompson, James) (Entered: 06/26/2025)

1 Petition

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2 Sponsor's Affidavit

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3 Attorney's Oath

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4 WDNY Civility Principles Oath

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5 E-Filing Registration Form

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6 Proposed Order

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Minute Entry for proceedings held before Hon. Mark W. Pedersen: Scheduling Conference held on 6/26/2025. Appearances: Alessandra Faso, Esq.; Alexandra McTague, Esq.; Patrick Beath, Esq.; James H. Kieburtz, Esq.; Gabriella M. Larios, Esq.; Ifeyinwa Chikezie, Esq.; Perry Maxwell Grossman, Esq.. Scheduling Order to be issued with dates springing from Judge Geraci's rulings on the MOTION for Judgment (ECF No. 8 ) and MOTION to Intervene (ECF No. 9 ). (Court Reporter FTR Gold.) (JB) (Entered: 07/01/2025)

SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.). Signed by Hon. Mark W. Pedersen on 7/1/2025. (JB) (Entered: 07/01/2025)

TEXT ORDER granting 25 Motion for Pro Hac Vice as to Philip J. Levitz. Signed by Hon. Mark W. Pedersen on 7/1/2025. (JB)Clerk to Follow up (Entered: 07/01/2025)

MEMORANDUM in Opposition re 20 Joint MOTION to Adjourn Briefing Schedule on 12(c) Motion filed by The United States of America. (McTague, Alexandra) (Entered: 07/02/2025)

TEXT ORDER granting 20 Joint MOTION to Adjourn Briefing Schedule on 12(c) Motion insofar as Defendants' reply to their 8 MOTION for Judgment on the Pleadings is adjourned until the Court issues its decision on the 9 MOTION to Intervene. The Court will set a new reply date after its decision on the 9 MOTION to Intervene is issued. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/3/2025. (EMC) (Entered: 07/03/2025)

TEXT ORDER granting 20 Joint MOTION to Adjourn Briefing Schedule on 12(c) Motion insofar as Defendants' reply to their 8 MOTION for Judgment on the Pleadings is adjourned until the Court issues its decision on the 9 MOTION to Intervene. The Court will set a new reply date after its decision on the 9 MOTION to Intervene is issued. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/3/2025. (EMC) (Entered: 07/03/2025)

MEMORANDUM in Opposition re 9 MOTION to Intervene filed by The United States of America. (McTague, Alexandra) (Entered: 07/08/2025)

MEMORANDUM in Opposition re 9 MOTION to Intervene filed by The United States of America. (McTague, Alexandra) (Entered: 07/08/2025)

Cross MOTION for Judgment on the Pleadings by The United States of America. (Attachments: # 1 Memorandum in Support)(Faso, Alessandra) (Entered: 07/08/2025)

1 Memorandum in Support

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MEMORANDUM in Opposition re 8 MOTION for Judgment on the Pleadings filed by The United States of America. (Faso, Alessandra) (Entered: 07/08/2025)

MEMORANDUM in Opposition re 8 MOTION for Judgment on the Pleadings filed by The United States of America. (Faso, Alessandra) (Entered: 07/08/2025)

TEXT ORDER re 32 Cross Motion for Judgment on the Pleadings. Defendants' response/reply is due on or before 7/22/2025. The Government may file a sur-reply on or before 8/5/2025. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/10/2025. (MMG) (Entered: 07/10/2025)

MOTION to Adjourn Briefing Schedule on US 12(c) Cross Motion by The City of Rochester, Malik D. Evans, Rochester City Council, Miguel A. Melendez, Jr.(Kieburtz, James) (Entered: 07/14/2025)

TEXT ORDER re 35 MOTION to Adjourn Briefing Schedule on US 12(c) Cross Motion. The United States' response to the 35 MOTION to Adjourn Briefing Schedule on US 12(c) Cross Motion is due 7/22/2025. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/15/2025. (EMC) (Entered: 07/15/2025)

TEXT ORDER amending the briefing schedule for the 32 Cross MOTION for Judgment on the Pleadings by The United States of America. In light of the pending 35 MOTION to Adjourn Briefing Schedule on US 12(c) Cross Motion, the City of Rochester's response to the 32 Cross MOTION for Judgment on the Pleadings is now due 8/5/2025. The United States' reply is now due 8/19/2025. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/15/2025. (EMC) (Entered: 07/15/2025)

First MOTION for Leave to File Amicus Brief by Immigration Law Reform Institute. (Attachments: # 1 Memorandum in Support Memorandum of Law in Support of Motion for Leave to File Amicus Brief, # 2 Declaration Declaration of Mitchell P. Snyder in Support of Motion for Leave to File Amicus Brief, # 3 Exhibit Proposed Amicus Brief in Support of Plaintiff and in Opposition to Defendants' Motion for Judgment on the Pleadings)(Snyder, Mitchell) (Entered: 07/22/2025)

1 Memorandum in Support Memorandum of Law in Support of Motion for Leave to File A

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2 Declaration Declaration of Mitchell P. Snyder in Support of Motion for Leave to

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3 Exhibit Proposed Amicus Brief in Support of Plaintiff and in Opposition to Defen

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MEMORANDUM in Opposition re 35 MOTION to Adjourn Briefing Schedule on US 12(c) Cross Motion filed by The United States of America. (McTague, Alexandra) (Entered: 07/22/2025)

REPLY to Response to Motion re 9 MOTION to Intervene filed by Third Presbyterian Church, Ibero-American Action League, Inc., New Hope Free Methodist Church, Western New York Coalition of Farmworker Serving Agencies. (Larios, Gabriella) (Entered: 07/22/2025)

Letter filed by The City of Rochester, Malik D. Evans, Rochester City Council, Miguel A. Melendez, Jr taking no position regarding the motion at Docket No. 38. (Kieburtz, James) (Entered: 07/23/2025)

DECISION AND ORDER: The intervenors' motion to intervene (ECF No. 9) is DENIED, except that they are granted leave to appear as amici curiae and file an amicus brief. All of the intervenors' other requests relating to, or premised on, their intervention are DENIED AS MOOT. The motion for leave to file an amicus brief by the Immigration Law Reform Institute (ECF No. 38) is likewise GRANTED. Both amicus briefs shall be filed by July 30, 2025.By August 20, 2025, Defendants shall file their reply to their motion/response to the cross-motion. By September 10, 2025, the United States shall file its sur-reply to Defendants' motion/reply to its cross-motion. The parties' briefing may include responses to any arguments raised by amici. Thereafter, the Court will take the motions under advisement, as well as any requests for oral argument. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/23/2025. (MFM) (Entered: 07/23/2025)

MOTION for Leave to Participate as Amicus Curiae by State of New York.(Levitz, Philip) (Entered: 07/29/2025)

MEMORANDUM/BRIEF of Amicus Curaie Immigration Reform Law Institute in Support of Plaintiff and in Opposition to Defendants' Motion for Judgment on the Pleadings by Immigration Law Reform Institute. (Snyder, Mitchell) (Entered: 07/30/2025)

TEXT ORDER granting 43 MOTION for Leave to Participate as Amicus Curiae by State of New York. New York shall file its amicus brief by July 31, 2025. To the extent the parties need additional pages to address any amicus briefs, they may submit such requests to the Court separately. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/30/2025. (MFM) (Entered: 07/30/2025)

MEMORANDUM/BRIEF for State of New York as Amicus Curiae in Support of Defendants' Motion, and in Opposition to Plaintiff's Cross-Motion, for Judgment on the Pleadings by State of New York. (Levitz, Philip) (Entered: 07/30/2025)

MEMORANDUM/BRIEF (Amicus Curiae) in Support of Defendants' Motion for Judgment on the Pleading by Ibero-American Action League, Inc., New Hope Free Methodist Church, Third Presbyterian Church, Western New York Coalition of Farmworker Serving Agencies. (Belsher, Amy) (Entered: 07/30/2025)

MOTION to appear pro hac vice on behalf of proposed amici curiae cites, coutnies, and elected offiicials ( Filing fee $ 200 receipt number ANYWDC-5557912.) by Evergreen Legal Strategies. (Attachments: # 1 Application of Karianne Jones to become Admitted to Practice as an Attorney, # 2 Text of Proposed Order Proposed Order Granting Karianne Jone Pro Hoc Vice Motion)(Dellinger, Peter) (Entered: 08/20/2025)

MOTION to appear pro hac vice on behalf of proposed amici curiae cites, counties, and elected officials ( Filing fee $ 200 receipt number ANYWDC-5557973.) by Evergreen Legal Strategies. (Attachments: # 1 Application of Grace Leeper to be Admitted to Practice as an Attorney, # 2 Text of Proposed Order Proposed Order Granting Grace Leeper Pro Hoc Vice Motion)(Dellinger, Peter) (Entered: 08/20/2025)

MOTION to appear pro hac vice on behalf of proposed amici curiae cites, counties, and elected offiicials ( Filing fee $ 200 receipt number ANYWDC-5557978.) by Public Rights Project. (Attachments: # 1 Application of Toby Merrill to be Admitted to Practice as an Attorney, # 2 Text of Proposed Order Proposed Order Granting Toby Merrill Pro Hoc Vice Motion)(Dellinger, Peter) (Entered: 08/20/2025)

REPLY/RESPONSE to re 32 Cross MOTION for Judgment on the Pleadings, 8 MOTION for Judgment on the Pleadings filed by Malik D. Evans, Miguel A. Melendez, Jr, Rochester City Council, The City of Rochester. (Kieburtz, James) (Entered: 08/20/2025)

MOTION for Leave to File Amicus Brief by Forty-Nine Cities, Counties, and Elected Officials. (Attachments: # 1 Memorandum in Support, # 2 Exhibit)(Dellinger, Peter) (Entered: 08/21/2025)

1 Memorandum in Support

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2 Exhibit

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TEXT ORDER granting 52 MOTION for Leave to File Amicus Brief by Forty-Nine Cities, Counties, and Elected Officials. The brief shall be filed by August 28, 2025. Because of the recent filing, the Court sua sponte extends the deadline for the United States' sur-reply to September 17, 2025, and grants the United States an additional five pages for its brief, to the extent it wishes to respond to amici. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 8/26/2025. (MFM) (Entered: 08/26/2025)

TEXT ORDER: The applications of Karianne Jones, Grace Leeper, and Toby Merrill to be admitted pro hac vice to this Court (ECF Nos. 48, 49, 50) are GRANTED for the purpose of representing Amici Forty-Nine Cities, Counties, and Elected Officials in this action. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 8/26/2025. (MFM)Clerk to Follow up (Entered: 08/26/2025)

E-Filing Notification: Clerk amended Amicus Party name "Public Rights Project" to "Forty-Nine Cities, Counties, and Elected Officials" per Judge Geraci's chambers. (JHF)

MEMORANDUM/BRIEF OF AMICI CURIAE FORTY-NINE CITIES, COUNTIES, AND ELECTED OFFICIALS IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS by Forty-Nine Cities, Counties, and Elected Officials. (MFM) (Entered: 08/28/2025)

REPLY to Response to Motion re 32 Cross MOTION for Judgment on the Pleadings and Response to Amicus Briefing filed by The United States of America. (Faso, Alessandra) (Entered: 09/17/2025)