In re: United States Departmen

18-2856 | U.S. Court of Appeals, Second Circuit

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Filed Sept. 28, 2018
Terminated July 31, 2019
Original Case 18-cv-02921
Last Updated: 3 years, 5 months ago Show Interactive Timeline
Filing Date # Docket Text
7/31/2019CERTIFIED COPY OF ORDER, dated 07/31/2019, determining the appeal to SDNY, ISSUED.[Mandate][2621365] [18-2856] [Entered: 07/31/2019 02:11 PM]
7/31/2019105CAPTION, in light of Order filed on 07/31/2019, AMENDED.[2621360] [18-2856] [Entered: 07/31/2019 02:07 PM]
7/31/2019APPEAL, pursuant to court order, dated 07/31/2019, DISMISSED.[2621357] [18-2856] [Entered: 07/31/2019 02:03 PM]
7/31/2019
  • Order
ORDER, dated 07/31/2019, vacating this Court's prior order of 10/09/2019 in light of the Supreme Court’s decision in Department of Commerce v. New York, 139 S. Ct. 2551, 2574 (2019). The Clerk is directed to issue the mandate forthwith, by JMW, RJL, W. PAULEY III, FILED.[2621356] [18-2856] [Entered: 07/31/2019 02:00 PM]
7/30/2019
  • Order
ORDER, reinstating appeal, by JMW, RJL, W. PAULEY III, FILED.[2621336] [18-2856] [Entered: 07/31/2019 01:46 PM]
7/30/2019U.S. SUPREME COURT JUDGMENT, dated 06/28/2019, RECEIVED.[2620487] [18-2856] [Entered: 07/30/2019 03:52 PM]
7/1/2019U.S. SUPREME COURT ORDER, dated 06/28/2019, remanding the case to the U.S. Court of Appeals for the Second Circuit, RECEIVED.[2598252] [18-2856] [Entered: 07/01/2019 01:25 PM]
1/14/2019E-CASE, with attached 1, 9, 11, 14, 17, 18, 20, 27, 30, 31, 34, 37, 43, 44, 45, 46, 55, 56, 57, 62, 64, 65, 68, 72, 74, 75, 81, 76, 77, 79, 84, 86, 90, 93, to Supreme Court, TRANSMITTED.[2474856] [18-2856] [Entered: 01/14/2019 04:53 PM]
1/14/2019U.S. SUPREME COURT LETTER, dated 01/11/2019, requesting the ROA, RECEIVED.[2474092] [18-2856] [Entered: 01/14/2019 10:40 AM]
11/21/2018
  • Order
ORDER, dated 11/21/2018, denying Government's motions for stay and denying as moot Government's motion for an immediate administrative stay pending the resolution of its motion to stay proceeding, by JMW, RJL, W. PAULEY, FILED.[2440177] [18-2856] [Entered: 11/21/2018 02:41 PM]
11/21/2018LETTER, on behalf of Respondent City and County of San Francisco, California, City of Central Falls, City of Chicago, Illinois, City of Columbus, City of New York, City of Philadelphia, City of Pittsburgh, City of Providence, City of Seattle, Washington, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and United States Conference of Mayors, advising the Court that the request for a stay filed by Petitioners should be denied, RECEIVED. Service date 11/21/2018 by CM/ECF.[2439731] [18-2856]--[Edited 11/21/2018 by YS]--[Edited 11/21/2018 by YS] [Entered: 11/21/2018 11:52 AM]
11/20/2018LETTER, on behalf of Petitioner Ron S. Jarmin, Wilbur L. Ross, United States Census Bureau and United States Department of Commerce, advising the Court that the District Court denied federal government's request for a stay of further proceedings in light of the Supreme Court’s grant of the government’s petition for a writ of certiorari in In re Department of Commerce, No. 18-557 (U.S.), RECEIVED. Service date 11/20/2018 by CM/ECF.[2438959] [18-2856]--[Edited 11/21/2018 by YS] [Entered: 11/20/2018 05:38 PM]
11/20/2018
  • Motion to StayDenied
MOTION ORDER, denying motion for stay [79] filed by Movants, United States Department of Commerce, United States Census Bureau, Wilbur L. Ross and Ron S. Jarmin, as premature, without prejudice to renewal, by JMW, RJL, W. PAULEY, FILED. [2438569][84] [18-2856] [Entered: 11/20/2018 03:18 PM]
11/19/2018
  • Motion to Stay
MOTION, to stay, on behalf of Petitioner Ron S. Jarmin, Wilbur L. Ross, United States Census Bureau and United States Department of Commerce, FILED. Service date 11/19/2018 by CM/ECF. [2436948] [18-2856] [Entered: 11/19/2018 01:06 PM]
11/2/2018CERTIFIED ORDER, dated 11/02/2018, to SDNY (NEW YORK CITY), ISSUED.[2425431] [18-2856] [Entered: 11/02/2018 05:39 PM]
11/2/2018U.S. SUPREME COURT ORDER, dated 11/02/2018, denying application in re: 18A455, RECEIVED.[2425429] [18-2856] [Entered: 11/02/2018 05:38 PM]
10/30/2018
  • Order
ORDER, dated 10/30/2018, regarding docket Nos.18-2652 & 18-2659, denying motion for a stay of pretrial and trial proceedings in two consolidated district court cases pending resolution of their forthcoming petition for a writ of mandamus or certiorari in the Supreme Court, filed by Movants United States Department of Commerce, United States Census Bureau, Wilbur L. Ross and Ron S. Jarmin, by PNL, RSP, RCW, FILED.[2437437] [18-2856] [Entered: 11/19/2018 05:10 PM]
10/26/2018
  • Motion to StayDenied
MOTION ORDER, denying motion for a stay of pretrial and trial proceedings in two consolidated district court cases pending resolution of their forthcoming petition for a writ of mandamus or certiorari in the Supreme Court [68] filed by Movants United States Department of Commerce, United States Census Bureau, Wilbur L. Ross and Ron S. Jarmin, by JMW, RJL, W. PAULEY, FILED.[2420009] [18-2856] [Entered: 10/26/2018 05:54 PM]
10/26/2018
  • Motion to StayDenied
MOTION ORDER, denying motion for a stay of pretrial and trial proceedings in two consolidated district court cases pending resolution of their forthcoming petition for a writ of mandamus or certiorari in the Supreme Court [68] filed by Petitioner United States Department of Commerce, United States Census Bureau, Wilbur L. Ross and Ron S. Jarmin, by JMW, RJL, W. PAULEY, FILED. [2419989][74] [18-2856] [Entered: 10/26/2018 05:19 PM]
10/26/2018LETTER, on behalf of Respondent City and County of San Francisco, California, City of Central Falls, City of Chicago, Illinois, City of Columbus, City of New York, City of Philadelphia, City of Pittsburgh, City of Providence, City of Seattle, Washington, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and United States Conference of Mayors, will submit an opposition to the motion for stay, RECEIVED. Service date 10/26/2018 by CM/ECF.[2419836] [18-2856]--[Edited 10/26/2018 by RO] [Entered: 10/26/2018 03:52 PM]
10/25/2018
  • Motion to Stay
MOTION, to stay, on behalf of Petitioner Ron S. Jarmin, United States Department of Commerce, Wilbur L. Ross and United States Census Bureau, FILED. Service date 10/25/2018 by CM/ECF. [2418916] [18-2856] [Entered: 10/25/2018 05:14 PM]
10/23/2018CERTIFIED ORDER, dated 10/22/2018, to SDNY (NEW YORK CITY), ISSUED.[2416076] [18-2856] [Entered: 10/23/2018 11:07 AM]
10/23/2018U.S. SUPREME COURT OPINION, dated 10/22/2018, RECEIVED.[2416072] [18-2856] [Entered: 10/23/2018 11:05 AM]
10/23/201863ATTORNEY, Erin L. Kuka for City and County of San Francisco, California, in case 18-2856, [62], ADDED.[2416068] [18-2856] [Entered: 10/23/2018 11:02 AM]
10/10/2018
  • Motion to Appear Pro Hac ViceGranted
MOTION ORDER, granting motion for admission pro hac vice [27] filed by Respondent City and County of San Francisco, California, FILED. [2406252][62] [18-2856] [Entered: 10/10/2018 09:40 AM]
10/10/2018CERTIFIED ORDER, dated 10/09/2018, to SDNY (NEW YORK CITY), ISSUED.[2406156] [18-2856] [Entered: 10/10/2018 08:50 AM]
10/9/2018U.S. SUPREME COURT ORDER, dated 10/09/2018, RECEIVED.[2406130] [18-2856] [Entered: 10/10/2018 08:16 AM]
10/9/2018
  • Order
ORDER, dated 10/09/2018, the request for a stay of documentary discovery is denied and the deposition is temporarily stayed, by PNL, RSP, RCW, FILED.[2406123] [18-2856]--[Edited 10/10/2018 by YL] [Entered: 10/10/2018 07:47 AM]
10/9/2018CERTIFIED ORDER, dated 10/09/2018, to SDNY (NEW YORK CITY), ISSUED.[2405869] [18-2856] [Entered: 10/09/2018 03:55 PM]
10/9/2018
  • OrderDenied
ORDER, denying petition for writ of mandamus, by JMW, RJL, W.H. PAULEY III, FILED.[2405868] [18-2856] [Entered: 10/09/2018 03:54 PM]
10/9/2018NEW CASE MANAGER, Yana Segal, ASSIGNED.[2405853] [18-2856] [Entered: 10/09/2018 03:47 PM]
10/7/2018LETTER, on behalf of Respondent City and County of San Francisco, California, City of Central Falls, City of Chicago, Illinois, City of Columbus, City of New York, City of Philadelphia, City of Pittsburgh, City of Providence, City of Seattle, Washington, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and United States Conference of Mayors, in response to petitioner's letter notifying this Court of Justice Gonsburg's order, RECEIVED. Service date 10/07/2018 by CM/ECF.[2405028] [18-2856]--[Edited 10/09/2018 by RD] [Entered: 10/07/2018 11:27 AM]
10/6/2018LETTER, on behalf of Respondent State of New York, City and County of San Francisco, California, City of Central Falls, City of Chicago, Illinois, City of Columbus, City of New York, City of Philadelphia, City of Pittsburgh, City of Providence, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Rhode Island, State of Vermont, State of Washington and United States Conference of Mayors, regarding depostition of Secretary of Commerce in a related lawsuit, RECEIVED. Service date 10/06/2018 by CM/ECF.[2405025] [18-2856]--[Edited 10/09/2018 by RD] [Entered: 10/06/2018 06:48 PM]
10/5/2018LETTER, on behalf of Petitioner Ron S. Jarmin, Wilbur L. Ross, United States Census Bureau and United States Department of Commerce, regarding order issued by Justice Ginsburg, denying stay, RECEIVED. Service date 10/05/2018 by CM/ECF.[2405015] [18-2856]--[Edited 10/09/2018 by RD] [Entered: 10/05/2018 08:49 PM]
10/5/2018
  • Reply
REPLY BRIEF, on behalf of Petitioner Ron S. Jarmin, Wilbur L. Ross, United States Census Bureau and United States Department of Commerce, FILED. Service date 10/05/2018 by CM/ECF. [2404868] [18-2856] [Entered: 10/05/2018 03:52 PM]
10/4/201838CURED DEFECTIVE OPPOSITION TO WRIT OF MANDAMUS, [36], [37], on behalf of Respondents City and County of San Francisco, California, City of Central Falls, City of Chicago, Illinois, City of Columbus, City of New York, City of Philadelphia, City of Pittsburgh, City of Providence, City of Seattle, Washington, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and United States Conference of Mayors, FILED.[2403840] [18-2856] [Entered: 10/04/2018 03:52 PM]
10/4/2018OPPOSITION TO WRIT, [1], on behalf of Respondent City and County of San Francisco, California, City of Central Falls, City of Chicago, Illinois, City of Columbus, City of New York, City of Philadelphia, City of Pittsburgh, City of Providence, City of Seattle, Washington, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and United States Conference of Mayors, FILED. Service date 10/04/2018 by CM/ECF. [2403752] [18-2856] [Entered: 10/04/2018 02:54 PM]
10/4/2018DEFECTIVE DOCUMENT, Opposition to Petition for Writ of Mandamus, [33], on behalf of Respondent City and County of San Francisco, California, City of Central Falls, City of Chicago, Illinois, City of Columbus, City of New York, City of Philadelphia, City of Pittsburgh, City of Providence, City of Seattle, Washington, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and United States Conference of Mayors, FILED.[2403736] [18-2856]--[Edited 10/04/2018 by RD] [Entered: 10/04/2018 02:39 PM]
10/4/201835ATTORNEY, Steven Wu for City of Philadelphia City and County of San Francisco, California City of Providence State of Maryland County of El Paso State of Delaware State of Minnesota City of Columbus County of Hidalgo State of Illinois City of Pittsburgh State of New Mexico Commonwealth of Virginia State of New Jersey City of Central Falls State of Rhode Island County of Cameron State of Connecticut State of Iowa State of Vermont State of Colorado Commonwealth of Massachusetts City of Chicago, Illinois United States Conference of Mayors District of Columbia Commonwealth of Pennsylvania State of New York City of New York State of Washington State of North Carolina County of Monterey, in case 18-2856 , [34], ADDED.[2403711] [18-2856] [Entered: 10/04/2018 02:25 PM]
10/4/2018NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Respondent State of New York, City and County of San Francisco, California, City of Central Falls, City of Chicago, Illinois, City of Columbus, City of New York, City of Philadelphia, City of Pittsburgh, City of Providence, City of Seattle, Washington, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and United States Conference of Mayors, FILED. Service date 10/04/2018 by CM/ECF. [2403557] [18-2856] [Entered: 10/04/2018 12:21 PM]
10/4/201833BRIEF & APPENDIX, on behalf of Respondent City and County of San Francisco, California, City of Central Falls, City of Chicago, Illinois, City of Columbus, City of New York, City of Philadelphia, City of Pittsburgh, City of Providence, City of Seattle, Washington, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and United States Conference of Mayors, FILED. Service date 10/04/2018 by CM/ECF. [2403513] [18-2856] [Entered: 10/04/2018 12:01 PM]
10/2/2018CERTIFIED ORDER, dated 10/02/2018, to United States District Court for the Southern District of New York, ISSUED.[2401674] [18-2856] [Entered: 10/02/2018 02:45 PM]
10/2/2018
  • Order
ORDER, Petitioners request a stay of discovery in Nos. 18-2652 and 18-2659, including the deposition of Acting Assistant Attorney General Gore, pending review by the Supreme Court. We have considered the relevant factors and conclude that a stay in those cases is not warranted. See U.S. S.E.C. v. Citigroup Glob. Mkts. Inc., 673 F.3d 158, 162 (2d Cir. 2012). Upon due consideration, it is hereby ORDERED that the request for a stay is DENIED. By PNL, RSP, RCW, FILED.[2401657] [18-2856] [Entered: 10/02/2018 02:32 PM]
10/2/2018
  • Motion to Appear Pro Hac Vice
MOTION, for admission pro hac vice of Erin Kuka, on behalf of Respondent City and County of San Francisco, California, FILED. Service date 10/02/2018 by email.[2401568] [18-2856] [Entered: 10/02/2018 01:35 PM]
10/1/2018SUBMITTED NOTICE, to attorneys/parties, TRANSMITTED.[2400450] [18-2856] [Entered: 10/01/2018 12:57 PM]
9/28/2018ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Respondent City and County of San Francisco, California, City of Central Falls, City of Chicago, Illinois, City of Columbus, City of New York, City of Philadelphia, City of Pittsburgh, City of Providence, City of Seattle, Washington, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and United States Conference of Mayors, FILED. Service date 09/28/2018 by CM/ECF.[2399806] [18-2856] [Entered: 09/28/2018 04:19 PM]
9/28/2018CERTIFIED ORDER, dated 09/28/2018, to United States District Court for the Southern District of New York, ISSUED.[2399763] [18-2856] [Entered: 09/28/2018 04:01 PM]
9/28/2018
  • Order
ORDER, As part of its petitions for writ of mandamus, the Government seeks an administrative stay of the depositions of Secretary of Commerce Wilbur Ross and John Gore, the Acting Assistant Attorney General of the Department of Justice’s Civil Rights Division. IT IS HEREBY ORDERED that the deposition of Secretary Ross is stayed pending determination of the petitions. Answers to the petitions must be filed by October 4, 2018 at noon. The petitions, as they pertain to Secretary Ross, are REFERRED to the motions panel sitting on Tuesday, October 9, 2018. To the extent the Government seeks a stay of Acting Attorney General Gore’s deposition, that request is REFERRED to the panel that determined the petitions in docket numbers 18-2652 and 18-2659.dated 09/28/2018, by PWH, FILED.[2399751] [18-2856]--[Edited 09/28/2018 by RD] [Entered: 09/28/2018 03:50 PM]
9/28/201815ATTORNEY, Judith N. Vale, [14], in place of attorney Barbara D. Underwood, SUBSTITUTED.[2399727] [18-2856] [Entered: 09/28/2018 03:36 PM]
9/28/2018NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL, on behalf of Respondent City and County of San Francisco, California, City of Central Falls, City of Chicago, Illinois, City of Columbus, City of New York, City of Philadelphia, City of Pittsburgh, City of Providence, City of Seattle, Washington, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Cameron, County of El Paso, County of Hidalgo, County of Monterey, District of Columbia, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and United States Conference of Mayors, FILED. Service date 09/28/2018 by CM/ECF. [2399695] [18-2856] [Entered: 09/28/2018 03:23 PM]
9/28/2018LETTER, on behalf of Petitioner United States Department of Commerce, informing that the case has noticed the deposition of Commerce Secretary Wilbur Ross for Thursday, October 11, 2018, requesting a decision on the motion for stay by 10/1/18, RECEIVED. Service date 09/28/2018 by CM/ECF.[2399559] [18-2856]--[Edited 09/28/2018 by RD] [Entered: 09/28/2018 02:23 PM]
9/28/201810ATTORNEY, Gerard J Sinzdak for United States Census Bureau Wilbur L. Ross United States Department of Commerce Ron S. Jarmin, in case 18-2856 , [9], ADDED.[2399521] [18-2856] [Entered: 09/28/2018 02:00 PM]
9/28/2018NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Petitioner Ron S. Jarmin, United States Department of Commerce, United States Census Bureau and Wilbur L. Ross, FILED. Service date 09/28/2018 by CM/ECF. [2399420] [18-2856] [Entered: 09/28/2018 12:46 PM]
9/28/2018
  • Motion
PETITION FOR WRIT, SERVED. Service date 08/28/2018 by CM/ECF.[2399310] [18-2856] [Entered: 09/28/2018 11:51 AM]
9/27/2018ORIGINAL PROCEEDING, PETITION FOR WRIT OF MANDAMUS, on behalf of Petitioner Ron S. Jarmin, Wilbur L. Ross, United States Census Bureau and United States Department of Commerce, FILED.[2399277] [18-2856] [Entered: 09/28/2018 11:39 AM]