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S.D.N.Y.Procedural orderFiled Aug. 12, 2020

State of New York v. Trump

Judge
Jesse Furman
Docket
1:20-cv-05770
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In State of New York v. Trump, Judge Furman’s panel adopted prior orders and authorized Furman to handle motions allowing outside counsel to appear.

Who this affects

The plaintiffs and defendants in the case, the previously entered case-management orders, and attorneys seeking permission to appear in the matter.

What happened

State of New York v. Trump involved a three-judge panel appointed to hear the matter under federal law.

The panel adopted the orders previously entered in the case, including the scheduling and consolidation orders. It also authorized Judge Furman to act for the panel on motions allowing outside counsel to appear.

Judge Jesse M. Furman joined Circuit Judges Richard C. Wesley and Peter W. Hall in signing this procedural order, which did not decide the case’s underlying claims.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
State of New York v. Trump · No. 1:20-cv-05770
Judge
Jesse Furman
Date
Aug. 12, 2020

Background

Chief Circuit Judge Robert A. Katzmann appointed a three-judge panel on August 10, 2020, under 28 U.S.C. § 2284(b)(1). The panel consisted of Circuit Judges Richard C. Wesley and Peter W. Hall and District Judge Jesse M. Furman.

What the Court Did

The panel explained that federal law permits a single judge to conduct most proceedings and enter orders allowed by the civil-procedure rules, but also recognized that the three-judge requirement is jurisdictional. To avoid uncertainty, the panel adopted the orders previously entered in the matter, including the August 5, 2020 scheduling order and the August 4, 2020 consolidation order.

The panel also granted Judge Furman authority to act for the panel on any pro hac vice motions—motions permitting an attorney who is not ordinarily admitted in the court to appear in the case.

Disposition and Effect

This was a procedural order concerning the panel’s authority and management of the case. It did not rule on the underlying claims against the defendants. The order was signed by Richard C. Wesley, Peter W. Hall, and Jesse M. Furman.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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