State of New York v. Mayorkas
- Jesse Furman
- 1:20-cv-01127
- U.S. District Court · Southern District of New York
- 2
In State of New York v. Mayorkas, Judge Furman scheduled a conference about unresolved sealing issues and ordered substitution of the proper defendants.
The plaintiffs, the defendants and their counsel, and members of the public interested in the scheduled conference were affected by the order.
What happened
State of New York v. Mayorkas involves challenges to the Department of Homeland Security’s decision to suspend New York residents’ eligibility for Trusted Traveler Programs. The Department rescinded that decision on July 23, 2020.
The court said motions to seal parts of a defendants’ report, privilege log, declarations, and supplemental declaration remained pending. The court also noted that it had previously granted the plaintiffs’ unopposed motion for summary judgment and denied their motion for a permanent injunction.
Judge Jesse M. Furman scheduled a telephone conference for May 14, 2021, to discuss whether the parties’ positions had changed and whether their remaining disputes could be resolved without further litigation. He also ordered the parties to file a stipulation and proposed order substituting the proper defendants by May 6, 2021.
The detailed version
- State of New York v. Mayorkas · No. 1:20-cv-01127
- Jesse Furman
- May 3, 2021
Background
The two lawsuits challenged the Department of Homeland Security’s decision to suspend all New York residents’ eligibility to enroll or re-enroll in the Trusted Traveler Programs operated by U.S. Customs and Border Protection. The Department rescinded that decision effective July 23, 2020.
The opinion states that the court had previously granted the plaintiffs’ unopposed motion for summary judgment and denied their motion for a permanent injunction. It also notes changes in the federal administration and in the senior leadership of the defendant agencies.
Pending Matters
The remaining matters addressed in this order were motions to seal portions of a defendants’ report identifying and explaining inaccurate and misleading statements in the record, an accompanying privilege log and declarations, and a supplemental declaration concerning further inaccuracies in the report. The order does not decide those sealing motions.
Court’s Order
The court scheduled a telephone conference for May 14, 2021, to discuss whether either side’s position on the pending motions or the broader related issues had changed, and whether the court could help resolve the parties’ remaining disputes without further litigation. Counsel were directed to confer beforehand and provide the court with the names and telephone numbers of those who would speak at the conference. The public and other non-speaking counsel could listen using the court’s conference-call information.
Judge Jesse M. Furman also ordered the parties to file, no later than May 6, 2021, a stipulation and proposed order substituting the proper defendants under Rule 25(d) of the Federal Rules of Civil Procedure. This order is a procedural and case-management order; it does not resolve the pending sealing motions or decide a new underlying legal claim.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.