Intl. Refugee Assistance v. Donald J. Trump

Filing 2

DOCKETING NOTICE issued Re: [1] Case Initial forms due within 14 days. Originating case number: 8:17-cv-00361-TDC. [17-2231] RW [Entered: 10/20/2017 01:26 PM]

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
1100 East Main Street, Suite 501, Richmond, Virginia 23219

www.ca4.uscourts.gov
October 20, 2017
___________________
No. 17-2231
(8:17-cv-00361-TDC)
___________________
INTERNATIONAL REFUGEE ASSISTANCE PROJECT, a project of the Urban
Justice Center, Inc., on behalf of itself and its clients; HIAS, INC., on behalf of
itself and its clients; JOHN DOES #1 & 3; JANE DOE #2; MIDDLE EAST
STUDIES ASSOCIATION OF NORTH AMERICA, INC., on behalf of itself and
its members; MUHAMMED METEAB; PAUL HARRISON; IBRAHIM AHMED
MOHOMED; ARAB AMERICAN ASSOCIATION OF NEW YORK, on behalf
of itself and its clients
Plaintiffs - Appellees
and
ALLAN HAKKY; SAMANEH TAKALOO
Plaintiffs
v.
DONALD J. TRUMP, in his official capacity as President of the United States;
UNITED STATES DEPARTMENT OF HOMELAND SECURITY;
DEPARTMENT OF STATE; OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE; ELAINE C. DUKE, in her official capacity as Acting Secretary
of Homeland Security; REX TILLERSON, in his official capacity as Secretary of
State; DANIEL R. COATS, in his official capacity as Director of National
Intelligence
Defendants - Appellants

___________________________________________
DOCKETING NOTICE--CIVIL/AGENCY CASE
___________________________________________
TO: Counsel
ATTACHMENT(S): Memorandum on Sealed and Confidential Information
DUE DATE: 14 days from this notice
•
•
•
•

•

•

•

This case has been placed on the court's docket under the above-referenced
number, which should be used on all documents filed in this case.
Counsel should review the above caption and promptly bring any necessary
corrections to the case manager's attention.
In consolidated cases, filings should be made using all case numbers to which
the filing applies, beginning with the lead case number.
Electronic filing is mandatory for counsel in all Fourth Circuit cases.
Information on obtaining an electronic filing account is available on the
court's Internet site.
In cases in which more than one attorney represents a party, future notices
will be sent only to attorneys who have entered an appearance as counsel of
record; other attorneys will be removed from the case.
Counsel must remove from documents filed with this court any social
security numbers, juvenile names, dates of birth, financial account numbers,
home addresses in criminal cases, and protected information regarding
unexecuted summonses, jurors, presentence investigations, statements of
reasons in criminal judgments, and substantial assistance agreements. Any
sealed material must be filed in accordance with the enclosed Memorandum
on Sealed and Confidential Material. The court does not seal its docket;
therefore, counsel must use sealed entries for all sealed filings.
Initial forms must be filed as directed in the following table of forms. The
forms, available through the links below or on the court's Internet site, can be
completed on line and saved for filing in electronic form.

Form:

Required From:

Due:

Appearance of
Counsel

Counsel of record for any party to the appeal (If not
admitted to this court, counsel must complete and
submit an application for admission.)

Within 14 days of this
notice

Disclosure
Statement

All parties to a civil or bankruptcy case and all
corporate defendants in a criminal case (not required
from the United States, from indigent parties, or from
state or local governments in pro se cases)

Within 14 days of this
notice

Docketing
Statement

Appellant's counsel

Within 14 days of this
notice

Transcript
Order

Appellant, only if ordering transcript

Attach to docketing
statement

I will be the case manager for this case. Please contact me at the number listed
below if you have any questions regarding your case.
RJ Warren, Deputy Clerk
804-916-2702

SEALED & CONFIDENTIAL MATERIALS
Internet Availability of Docket & Documents
Fourth Circuit case dockets and documents are available on the Internet via the
Judiciary's PACER system (Public Access to Court Electronic Records). The Fourth
Circuit docket is available on the Internet even if the district court docket was
sealed. If a party's name was sealed in the district court, it should be replaced by
"Under Seal" or a pseudonym on appeal.
Due to the electronic availability of court documents, the federal rules prohibit
including certain personal data identifiers in court filings. In addition, parties should
not include any data in their filings that they would not want on the Internet.
Counsel should advise their clients on this subject so that an informed decision can
be made. Responsibility rests with counsel and the parties, not with the clerk.
Documents filed by the parties in immigration and social security cases are not
accessible over the Internet to the public. In immigration and social security cases,
public Internet access is limited to the court's docket, orders, and opinions.
Federal Rules of Procedure
The federal rules of procedure require filers to redact any of the following personal
data identifiers (PDIs) if included in court filings: (1) social security and tax ID
numbers must be limited to last four digits; (2) minor children must be identified by
their initials only; (3) dates of birth must show the year only; (4) financial account
numbers must be limited to the last four digits only; and (5) home addresses in
criminal cases must be limited to city and state only. The federal rules establish
limited exceptions to these redaction requirements. See Fed. R. App. P. 25(a)(5);
Fed. R. Civ. P. 5.2; Fed. R. Crim. P. 49.1; Fed. R. Bankr. P. 9037
Judicial Conference Privacy Policy
In addition, the judiciary's regulation on Privacy Policy for Electronic Case Files
prohibits filers from including any of the following criminal documents in the
public file: (1) unexecuted summonses or warrants; (2) bail or presentence reports;
(3) statement of reasons in judgment of conviction; (4) juvenile records; (5)
identifying information about jurors or potential jurors; (6) CJA financial affidavits;
(7) ex parte requests to authorize CJA services and (8) any sealed documents, such
as motions for downward departure for substantial assistance, plea agreements
indicating cooperation, or victim statements.

Local Rule 25(c)
Local Rule 25(c) limits the sealing of documents by requiring that sealed record
material be separated from unsealed material and placed in a sealed volume of the
appendix and by requiring the filing of both sealed, highlighted versions and public,
redacted versions of briefs and other documents.
Documents that were not sealed before the agency or district court will not be
sealed in this court unless a motion to seal is filed and granted in this court.
Since the ECF events for sealed filings make the documents accessible only to the
court, counsel must serve sealed documents on the other parties in paper form.
Sealed Volume of Appendix
If sealed record material needs to be included in the appendix, it must be placed in a
separate, sealed volume of the appendix and filed with a certificate of
confidentiality. In consolidated criminal cases in which presentence reports are
being filed for multiple defendants, each presentence report must be placed in a
separate, sealed volume served only on Government counsel and counsel for the
defendant who is the subject of the report.
•

•

•

Use ECF event-SEALED APPENDIX to file sealed electronic appendix
volume(s). One sealed paper volume must be sent to the court. If the case is
tentatively calendared for oral argument, 3 additional paper copies of the
sealed appendix must be filed, with additional copies being ordered by the
court if otherwise needed. Cover of sealed appendix volume must be marked
SEALED, and paper copies must be placed in envelopes marked SEALED.
Sealed volume must be served on other parties in paper form.
Use ECF event-Certificate of confidentiality to identify authority for
treating material as sealed and to identify who may have access to sealed
material. A paper copy of the certificate of confidentiality must accompany
the paper copy of the sealed appendix filed with the court.
Use ECF event-APPENDIX to file public electronic appendix volumes(s).
One public paper volume must be sent to the court. If the case is tentatively
calendared for oral argument, 3 additional paper copies of the appendix must
be filed, with additional copies being ordered by the court if otherwise
needed. Paper copies of public volumes of appendix do not need to be served
on other parties if they were served with public appendix in electronic form.

Sealed Version of Brief
If sealed material needs to be referenced in a brief, counsel must file both a sealed,
highlighted version of the brief and a public, redacted version of the brief, as
well as a certificate of confidentiality.
•

•

•

Use ECF event-SEALED BRIEF to file sealed electronic version of brief in
which sealed material has been highlighted. One sealed paper copy must be
sent to the court. If the case is tentatively calendared for oral argument, 3
additional paper copies of sealed brief must be filed, with additional copies
being ordered by the court if otherwise needed. Cover of sealed brief must be
marked SEALED, and paper copies must be placed in envelopes marked
SEALED. Sealed version must be served on other parties in paper form.
Use ECF event-Certificate of confidentiality to identify authority for
treating material as sealed and to identify who may have access to sealed
material. A paper copy of certificate of confidentiality must accompany the
paper copy of the sealed brief filed with the court.
Use ECF event-BRIEF to file public electronic version of brief from which
sealed material has been redacted. One paper copy must be sent to the court.
If the case is tentatively calendared for oral argument, 3 additional paper
copies of the brief must be filed, with additional copies being ordered by the
court if otherwise needed. Paper copies of public brief do not need to be
served on other parties.

Sealed Version of Motions and Other Documents
If sealed material needs to be referenced in a motion or other document, counsel
must file both a sealed, highlighted version and a public, redacted version, as
well as a certificate of confidentiality.
•

•

•

Use ECF event-SEALED DOCUMENT to file sealed electronic version of
document in which sealed material has been highlighted. First page of
document must be marked SEALED. No paper copies need be filed, but
other parties must be served in paper form.
Use ECF event-Certificate of confidentiality to identify authority for
treating material as sealed and to identify who may have access to sealed
material.
Use the appropriate ECF event (e.g., MOTION or RESPONSE/ANSWER)
to file public electronic version of document from which sealed material has
been redacted. No paper copies of public document are needed for filing or
service.

Motions to Seal
Counsel should file a motion to seal if the material was not previously sealed by
virtue of the Privacy Policy for Electronic Case Files, or by statute, rule, regulation,
or order. Counsel should also file a motion to seal if it is necessary to seal the
entire brief or motion and not possible to create a public, redacted version.
The motion to seal must appear on the public docket for five days; therefore,
counsel must file both a sealed, highlighted version of the motion to seal (along
with a certificate of confidentiality) and a public, redacted version of the motion
to seal. The motion to seal must identify the document or portions thereof for
which sealing is requested, the reasons why sealing is necessary, the reasons a less
drastic alternative will not afford adequate protection, and the period of time for
which sealing is required.
For further information on redacting information from filings, please see No. 19,
How do I redact items from pleadings?