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Case TitleBRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW v. UNITED STATES DEPARTMENT OF COMMERCE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02674
Date Filed2020-09-21
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffBRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW
Case DescriptionThe Brennan Center for Justice submitted FOIA requests to the Department of Commerce, the Department of Justice, and OMB for records concerning the Trump administration's attempt to include a citizenship question on the 2020 census. The Brennan Center also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests. After hearing nothing further from the agencies, the Brennan Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing - Compelling Need, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF COMMERCE
DefendantUNITED STATES CENSUS BUREAU
DefendantCIVIL RIGHTS DIVISION, U.S. DEPARTMENT OF JUSTICE
DefendantOFFICE OF THE ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE
DefendantOFFICE OF THE ASSOCIATE ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE
DefendantOFFICE OF THE DEPUTY ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE
DefendantOFFICE OF LEGAL COUNSEL, U.S. DEPARTMENT OF JUSTICE
DefendantOFFICE OF LEGAL POLICY, U.S. DEPARTMENT OF JUSTICE
DefendantOFFICE OF MANAGEMENT AND BUDGET
Documents
Docket
Complaint
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Opinion/Order [25]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-211COMPLAINT for Declaratory and Injunctive Relief, against CIVIL RIGHTS DIVISION, U.S. DEPARTMENT OF JUSTICE, OFFICE OF LEGAL COUNSEL, U.S. DEPARTMENT OF JUSTICE, OFFICE OF LEGAL POLICY, U.S. DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF THE ASSOCIATE ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, OFFICE OF THE ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, OFFICE OF THE DEPUTY ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, UNITED STATES CENSUS BUREAU, UNITED STATES DEPARTMENT OF COMMERCE ( Filing fee $ 400 receipt number ADCDC-7618052) filed by BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit AA, # 20 Exhibit BB, # 21 Exhibit CC, # 22 Exhibit DD, # 23 Exhibit EE, # 24 Exhibit FF, # 25 Exhibit GG, # 26 Exhibit HH, # 27 Exhibit II, # 28 Civil Cover Sheet, # 29 Summons re Commerce, # 30 Summons re Census, # 31 Summons re Civil Rights, # 32 Summons re AG, # 33 Summons re AAG, # 34 Summons re DAG, # 35 Summons re Legal Counsel, # 36 Summons re Legal Policy, # 37 Summons re Budget)(Carome, Patrick) (Entered: 09/21/2020)
2020-09-212LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW (Carome, Patrick) (Entered: 09/21/2020)
2020-09-213MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Caitlin W. Monahan, Filing fee $ 100, receipt number ADCDC-7618412. Fee Status: Fee Paid. by BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW (Attachments: # 1 Declaration in Support, # 2 Text of Proposed Order)(Carome, Patrick) (Entered: 09/21/2020)
2020-09-214MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mikayla C. Foster, Filing fee $ 100, receipt number ADCDC-7618424. Fee Status: Fee Paid. by BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW (Attachments: # 1 Declaration in Support, # 2 Text of Proposed Order)(Carome, Patrick) (Entered: 09/21/2020)
2020-09-215MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rieko H. Shepherd, Filing fee $ 100, receipt number ADCDC-7618440. Fee Status: Fee Paid. by BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW (Attachments: # 1 Declaration in Support, # 2 Text of Proposed Order)(Carome, Patrick) (Entered: 09/21/2020)
2020-09-216MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jared V. Grubow, Filing fee $ 100, receipt number ADCDC-7618449. Fee Status: Fee Paid. by BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW (Attachments: # 1 Declaration in Support, # 2 Text of Proposed Order)(Carome, Patrick) (Entered: 09/21/2020)
2020-09-22Case Assigned to Judge Timothy J. Kelly. (adh, ) (Entered: 09/22/2020)
2020-09-23MINUTE ORDER granting 3 4 5 6 Motions for Leave to Appear Pro Hac Vice . Attorneys Caitlin W. Monahan, Mikayla C. Foster, Rieko H. Shepherd, and Jared V. Grubow are hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Timothy J. Kelly on 9/23/ 2020. (lctjk1) (Entered: 09/23/2020)
2020-09-237NOTICE of Appearance by Caitlin W. Monahan on behalf of BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW (Monahan, Caitlin) (Entered: 09/23/2020)
2020-09-238NOTICE of Appearance by Jared Vasconcellos Grubow on behalf of BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW (Grubow, Jared) (Entered: 09/23/2020)
2020-09-239NOTICE of Appearance by Mikayla C. Foster on behalf of BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW (Foster, Mikayla) (Entered: 09/23/2020)
2020-09-2310NOTICE of Appearance by Rieko H. Shepherd on behalf of BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW (Shepherd, Rieko) (Entered: 09/23/2020)
2020-09-2411SUMMONS (9) Issued Electronically as to CIVIL RIGHTS DIVISION, U.S. DEPARTMENT OF JUSTICE, OFFICE OF LEGAL COUNSEL, U.S. DEPARTMENT OF JUSTICE, OFFICE OF LEGAL POLICY, U.S. DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF THE ASSOCIATE ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, OFFICE OF THE ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, OFFICE OF THE DEPUTY ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, UNITED STATES CENSUS BUREAU, UNITED STATES DEPARTMENT OF COMMERCE. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 09/24/2020)
2020-10-0212MOTION for Preliminary Injunction by BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW (Attachments: # 1 Text of Proposed Order)(Carome, Patrick) (Entered: 10/02/2020)
2020-10-0213AFFIDAVIT re 12 MOTION for Preliminary Injunction (Declaration of Jared V. Grubow), by BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW. (Attachments: # 1 Exhibit JJ, # 2 Exhibit KK)(Carome, Patrick) (Entered: 10/02/2020)
2020-10-0214AFFIDAVIT re 12 MOTION for Preliminary Injunction (Declaration of Michael Waldman), by BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW. (Carome, Patrick) (Entered: 10/02/2020)
2020-10-0515RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (Attachments: # 1 Excuted Summons re Census, # 2 Excuted Summons re Civil Rights, # 3 Excuted Summons re Commerce, # 4 Excuted Summons re Deputy AG, # 5 Excuted Summons re Legal Counsel, # 6 Excuted Summons re Legal Policy, # 7 Excuted Summons re Office of AG, # 8 Excuted Summons re Office of Man. and Budget)(Carome, Patrick) (Entered: 10/05/2020)
2020-10-0516RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/30/2020. (Carome, Patrick) (Entered: 10/05/2020)
2020-10-0517RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/2/2020. Answer due for ALL FEDERAL DEFENDANTS by 11/1/2020. (Carome, Patrick) (Entered: 10/05/2020)
2020-10-06MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a telephonic status conference on October 8, 2020 at 2:00 p.m. In advance of the status conference, the parties shall confer about a proposed schedule to resolve Plaintiff's 12 Motion for Preliminary Injunction. The parties shall contact the Courtroom Deputy at (202) 354-3495 at least one business day in advance to make arrangements to appear. Signed by Judge Timothy J. Kelly on 10/6/2020. (lctjk1) (Entered: 10/06/2020)
2020-10-0618NOTICE of Appearance by Stephen McCoy Elliott on behalf of All Defendants (Elliott, Stephen) (Entered: 10/06/2020)
2020-10-07NOTICE OF ERROR re 18 Notice of Appearance; emailed to stephen.elliott@usdoj.gov, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Please contact Attorney Admissions, to complete the Government Certification, at 202-354-3153. (ztd, ) (Entered: 10/07/2020)
2020-10-0719NOTICE of Appearance by Elizabeth J. Shapiro on behalf of All Defendants (Shapiro, Elizabeth) (Entered: 10/07/2020)
2020-10-08Minute Entry for proceedings held before Judge Timothy J. Kelly: Telephonic Status Conference held on 10/8/2020. Scheduling Order to be entered by the court. (Court Reporter: Timothy Miller) (zkh) (Entered: 10/08/2020)
2020-10-08MINUTE ORDER: As discussed at today's status conference, it is hereby ORDERED that Defendants shall file any response to Plaintiff's 12 Motion for Preliminary Injunction by October 13, 2020, and Plaintiff shall file any reply by October 19, 2020. It is further ORDERED that a hearing on the Motion is set for October 23, 2020, at 10:00 a.m. via teleconference. The parties shall contact the Courtroom Deputy at least one business day prior to the hearing at (202) 354-3495 to make arrangements to participate. Signed by Judge Timothy J. Kelly on 10/8/2020. (lctjk1) (Entered: 10/08/2020)
2020-10-08Set/Reset Hearings: Telephonic Preliminary Injunction Hearing set for 10/23/2020 at 10:00 AM before Judge Timothy J. Kelly. (zkh) (Entered: 10/08/2020)
2020-10-1320Memorandum in opposition to re 12 MOTION for Preliminary Injunction filed by CIVIL RIGHTS DIVISION, U.S. DEPARTMENT OF JUSTICE, OFFICE OF LEGAL COUNSEL, U.S. DEPARTMENT OF JUSTICE, OFFICE OF LEGAL POLICY, U.S. DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF THE ASSOCIATE ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, OFFICE OF THE ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, OFFICE OF THE DEPUTY ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, UNITED STATES CENSUS BUREAU, UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Declaration of Vanessa R. Brinkmann, # 2 Declaration of Paul P. Colborn, # 3 Declaration of Vernon E. Curry, # 4 Declaration of Kilian Kagle, # 5 Declaration of Heather V. Walsh, # 6 Text of Proposed Order)(Elliott, Stephen) (Entered: 10/13/2020)
2020-10-1421ERRATA by CIVIL RIGHTS DIVISION, U.S. DEPARTMENT OF JUSTICE, OFFICE OF LEGAL COUNSEL, U.S. DEPARTMENT OF JUSTICE, OFFICE OF LEGAL POLICY, U.S. DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF THE ASSOCIATE ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, OFFICE OF THE ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, OFFICE OF THE DEPUTY ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, UNITED STATES CENSUS BUREAU, UNITED STATES DEPARTMENT OF COMMERCE 20 Memorandum in Opposition,,, filed by OFFICE OF THE ASSOCIATE ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, OFFICE OF LEGAL COUNSEL, U.S. DEPARTMENT OF JUSTICE, OFFICE OF THE DEPUTY ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF COMMERCE, OFFICE OF MANAGEMENT AND BUDGET, CIVIL RIGHTS DIVISION, U.S. DEPARTMENT OF JUSTICE, OFFICE OF THE ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, OFFICE OF LEGAL POLICY, U.S. DEPARTMENT OF JUSTICE, UNITED STATES CENSUS BUREAU. (Attachments: # 1 Declaration of Heather V. Walsh)(Elliott, Stephen) (Entered: 10/14/2020)
2020-10-16MINUTE ORDER: The parties are hereby ORDERED to file a Joint Status Report by October 21, 2020, updating the Court on the status of their negotiations that may resolve the pending 12 Motion for Preliminary Injunction. Signed by Judge Timothy J. Kelly on 10/16/2020. (lctjk1) (Entered: 10/16/2020)
2020-10-1922REPLY to opposition to motion re 12 MOTION for Preliminary Injunction filed by BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW. (Attachments: # 1 Exhibit A)(Carome, Patrick) (Entered: 10/19/2020)
2020-10-2123Joint STATUS REPORT by BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW. (Carome, Patrick) (Entered: 10/21/2020)
2020-10-23Minute Entry for proceedings held before Judge Timothy J. Kelly: Telephonic Preliminary Injunction held on 10/23/2020. Oral argument heard and taken under advisement. (Court Reporter: Timothy Miller) (zkh) (Entered: 10/23/2020)
2020-10-3024ORDER granting in part and denying in part Plaintiff's 12 Motion for Preliminary Injunction. See Order for details. Signed by Judge Timothy J. Kelly on 10/30/2020. (lctjk1) (Entered: 10/30/2020)
2020-10-3025MEMORANDUM AND OPINION in support of 24 Order granting in part and denying in part Plaintiff's 12 Motion for Preliminary Injunction. Signed by Judge Timothy J. Kelly on 10/30/2020. (lctjk1) (Entered: 10/30/2020)
2020-11-0226ANSWER to Complaint by CIVIL RIGHTS DIVISION, U.S. DEPARTMENT OF JUSTICE, OFFICE OF LEGAL COUNSEL, U.S. DEPARTMENT OF JUSTICE, OFFICE OF LEGAL POLICY, U.S. DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF THE ASSOCIATE ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, OFFICE OF THE ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, OFFICE OF THE DEPUTY ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, UNITED STATES CENSUS BUREAU, UNITED STATES DEPARTMENT OF COMMERCE.(Elliott, Stephen) (Entered: 11/02/2020)
2020-11-0927Joint STATUS REPORT by BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW. (Carome, Patrick) (Entered: 11/09/2020)
2020-11-12MINUTE ORDER: It is hereby ORDERED that the parties shall proceed with their agreed-upon production schedule outlined in their 27 Joint Status Report. The parties shall file a further joint status report by December 7, 2020. Signed by Judge Timothy J. Kelly on 11/12/2020. (lctjk1) (Entered: 11/12/2020)
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