State Of New York et al v. Donald Trump et al

Filing 1

COMPLAINT State of New York, et al. against All Defendants filing fee $ 400, receipt number 0207-9807840 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by State of North Carolina, State of Hawaii, State of Massachussetts, State Of New York, State of Virginia, State of Pennsylvania, District of Columbia, State of Washington, State of Iowa, State of Oregon, State of Rhode Island, State of Vermont, State of Illinois, State of Connecticut, State of New Mexico, State of Delaware. (Attachments: #1 Civil Cover Sheet, #2 Appendix, #3 Proposed Summons Elaine C. Duke, #4 Proposed Summons DHS HQ, #5 Proposed Summons Donald Trump, #6 Proposed Summons ICE, #7 Proposed Summons USCIS HQ, #8 Proposed Summons USCIS NYC, #9 Proposed Summons USA (DOJ)) (Rosado, Lourdes)

CIVIL COVER SHEET

JS 44 (Rev. 06/17)

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

New York, et al.

Trump, et al.

(b) County of Residence of First Listed Plaintiff

New York County

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)
NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

See attached.

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
’ 1

U.S. Government
Plaintiff

’ 3

U.S. Government
Defendant

’ 4

(For Diversity Cases Only)
PTF
Citizen of This State
’ 1

Federal Question
(U.S. Government Not a Party)

’ 2

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff

Diversity
(Indicate Citizenship of Parties in Item III)

DEF
’ 1

and One Box for Defendant)
DEF
PTF
Incorporated or Principal Place
’ 4
’ 4
of Business In This State

Citizen of Another State

’ 2

’

2

Incorporated and Principal Place
of Business In Another State

’ 5

’ 5

Citizen or Subject of a
Foreign Country

’ 3

’

3

Foreign Nation

’ 6

’ 6

IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT
’
’
’
’
’
’
’
’
’
’
’
’

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

’
’
’
’
’
’
’
’
’
’

’
’
’
’
’
’

Click here for: Nature of Suit Code Descriptions.

TORTS

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

’
’
’
’
’
’
’

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers’
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
’ 365 Personal Injury Product Liability
’ 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
’ 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
’ 370 Other Fraud
’ 371 Truth in Lending
’ 380 Other Personal
Property Damage
’ 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
’ 463 Alien Detainee
’ 510 Motions to Vacate
Sentence
’ 530 General
’ 535 Death Penalty
Other:
’ 540 Mandamus & Other
’ 550 Civil Rights
’ 555 Prison Condition
’ 560 Civil Detainee Conditions of
Confinement

’ 625 Drug Related Seizure
of Property 21 USC 881
’ 690 Other

LABOR
’ 710 Fair Labor Standards
Act
’ 720 Labor/Management
Relations
’ 740 Railway Labor Act
’ 751 Family and Medical
Leave Act
’ 790 Other Labor Litigation
’ 791 Employee Retirement
Income Security Act

BANKRUPTCY
’ 422 Appeal 28 USC 158
’ 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
’ 820 Copyrights
’ 830 Patent
’ 835 Patent - Abbreviated
New Drug Application
’ 840 Trademark
SOCIAL SECURITY
’ 861 HIA (1395ff)
’ 862 Black Lung (923)
’ 863 DIWC/DIWW (405(g))
’ 864 SSID Title XVI
’ 865 RSI (405(g))

FEDERAL TAX SUITS
’ 870 Taxes (U.S. Plaintiff
or Defendant)
’ 871 IRS—Third Party
26 USC 7609

IMMIGRATION
’ 462 Naturalization Application
’ 465 Other Immigration
Actions

OTHER STATUTES
’ 375 False Claims Act
’ 376 Qui Tam (31 USC
3729(a))
’ 400 State Reapportionment
’ 410 Antitrust
’ 430 Banks and Banking
’ 450 Commerce
’ 460 Deportation
’ 470 Racketeer Influenced and
Corrupt Organizations
’ 480 Consumer Credit
’ 490 Cable/Sat TV
’ 850 Securities/Commodities/
Exchange
’ 890 Other Statutory Actions
’ 891 Agricultural Acts
’ 893 Environmental Matters
’ 895 Freedom of Information
Act
’ 896 Arbitration
’ 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
’ 950 Constitutionality of
State Statutes

V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original
Proceeding

’ 2 Removed from
State Court

’ 3

’ 6 Multidistrict
Litigation Transfer
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Remanded from
Appellate Court

’ 4 Reinstated or
Reopened

’ 5 Transferred from
Another District

’ 8 Multidistrict
Litigation Direct File

5 U.S.C. § 706(2)

VI. CAUSE OF ACTION Brief description of cause:
Rescission of DACA violates the APA, Equal Protection violation, 5th Am DP clause, and Regulatory Flexibility Act
DEMAND $
’ CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See
IF ANY(Local Rule 50.4 letterinstructions): JUDGE Nicholas G. Garaufis
forthcoming)
DATE

CHECK YES only if demanded in complaint:
’ Yes
’ No
JURY DEMAND:
DOCKET NUMBER 16-cv-4756

SIGNATURE OF ATTORNEY OF RECORD

/s Lourdes M. Rosado

09/06/2017
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

Print

APPLYING IFP

Save As...

JUDGE

MAG. JUDGE

Reset

CERTIFICATION OF ARBITRATION ELIGIBILITY

Local Arbitration Rule 83.10 provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000,
exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless a
certification to the contrary is filed.
Lourdes M. Rosado
New York, et al.
I, ______________________, counsel for __________________, do hereby certify that the above captioned civil action is
ineligible for compulsory arbitration for the following reason(s):

monetary damages sought are in excess of $150,000, exclusive of interest and costs,
the complaint seeks injunctive relief,
the matter is otherwise ineligible for the following reason
DISCLOSURE STATEMENT - FEDERAL RULES CIVIL PROCEDURE 7.1
Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:

N/A
RELATED CASE STATEMENT (Section VIII on the Front of this Form)
Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a)
provides that “A civil case is “related” to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or
because the cases arise from the same transactions or events, a substantial saving of judicial resources is likely to result from assigning both cases to the
same judge and magistrate judge.” Rule 50.3.1 (b) provides that “ A civil case shall not be deemed “related” to another civil case merely because the civil
case: (A) involves identical legal issues, or (B) involves the same parties.” Rule 50.3.1 (c) further provides that “Presumptively, and subject to the power
of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be “related” unless both cases are still pending before the
court.”

NY-E DIVISION OF BUSINESS RULE 50.1(d)(2)
1.)

Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk
No
County:_________________________

2.)

If you answered “no” above:
a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk
No
County?_________________________
b) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern
Yes
District?_________________________

If your answer to question 2 (b) is “No,” does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or
Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau
or Suffolk County?______________________
(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).
BAR ADMISSION
I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court.
Yes
No
Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?
Yes
(If yes, please explain)
No

I certify the accuracy of all information provided above.

/s Lourdes M. Rosado
Signature:____________________________________________

Civil Cover Sheet Attachment
Defendants
Donald Trump, in His Official Capacity as President of The United States
U.S. Department of Homeland Security
Elaine C. Duke, in Her Official Capacity
U.S. Citizenship and Immigration Services
U.S. Immigration and Customs Enforcement
The United States of America

ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
Lourdes M. Rosado, Bureau Chief
Sania Khan, Assistant Attorney General
Diane Lucas, Assistant Attorney General
Ajay Saini, Assistant Attorney General
Civil Rights Bureau
Office of the New York State Attorney
General
120 Broadway, 23rd Floor
New York, New York 10271
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Tel. [phone]
Fax [phone]
MAURA HEALEY
Attorney General for the Commonwealth of
Massachusetts
Jonathan B. Miller
(Bar No. JM3508)
Genevieve C. Nadeau*
Abigail B. Taylor*
Assistant Attorneys General
Office of the Attorney General
One Ashburton Place
Boston, MA 02108
[e-mail]
[e-mail]
[e-mail]
Tel. [phone]

BOB FERGUSON
Attorney General of the State Washington
Robert W. Ferguson,* WSBA #26004
Attorney General
Colleen M. Melody,* WSBA #42275
Civil Rights Unit Chief
Marsha Chien,* WSBA #47020
Assistant Attorney General
Office of the Attorney General
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
[e-mail]
[e-mail]
Tel. [phone]

GEORGE JEPSEN
Attorney General of the State of Connecticut
Mark F. Kohler*
Assistant Attorney General
55 Elm Street
Hartford, CT 06106

KARL A. RACINE
Attorney General for the District of Columbia
Robyn R. Bender*
Deputy Attorney General
Public Advocacy Division
441 4th Street, NW
Suite 650 North
Washington, DC 20001
Tel. [phone]
Fax [phone]

DOUGLAS S. CHIN
Attorney General of the State of Hawaii
Donna Kalama*
Deputy Attorney General
State of Hawaii, Department of the
Attorney General
425 Queen Street
Honolulu, HI 96813
Tel: [phone]

LISA MADIGAN
Attorney General of the State of Illinois
Karyn L. Bass Ehler,*
Chief, Civil Rights Bureau
Harpreet Khera,* Deputy Bureau Chief,
Special Litigation Bureau
Anna Crane,* Assistant Attorney General
Caitlyn McEllis,* Assistant Attorney
General
Jeff VanDam,* Assistant Attorney General
Civil Rights Bureau
Office of the Illinois Attorney General
100 W. Randolph Street
Chicago, IL 60601
Tel. [phone]
Fax [phone]

THOMAS J. MILLER
Attorney General of the State of Iowa
Jeffrey S. Thompson*
Solicitor General
Office of the Attorney General of
Iowa
1305 E. Walnut Street
Des Moines, IA 50319
[e-mail]
Tel. [phone]
Fax. [phone]

HECTOR H. BALDERAS
Attorney General of the State of New Mexico
Tania Maestas,*
Deputy Attorney General
Ari Biernoff,*
Assistant Attorney General
Jennie Lusk,*
Assistant Attorney General
New Mexico Office of the Attorney
General
408 Galisteo St.
Santa Fe, NM 87501
Tel. [phone]
Fax [phone]

JOSH STEIN
Attorney General of the State of North
Carolina
Sripriya Narasimhan*
North Carolina Department of
Justice
114 W. Edenton Street
Raleigh, North Carolina 27603
Tel. [phone]
JOSH SHAPIRO
Attorney General of Commonwealth of
Pennsylvania
Jonathan Scott Goldman,*
Executive Deputy Attorney General,
Civil Law Division
Michael J. Fischer,*
Chief Deputy Attorney General,
Impact Litigation Section
Office of Attorney General
16th Floor, Strawberry Square
Harrisburg, PA 17120
Tel. [phone]
MARK R. HERRING
Attorney General of the State of
Virginia
Matthew R. McGuire,*
Acting Deputy Solicitor General
202 North Ninth Street
Richmond, VA 23219
PETER KILMARTIN
Attorney General of the State of Rhode
Island
Peter Kilmartin*
RI Office of the Attorney General
150 South Main Street
Providence, RI 02903

*Pro hac vice motions will be
forthcoming.

ELLEN F. ROSENBLUM
Attorney General of the State of Oregon
Brian De Haan* #4565396
Assistant Attorney General
Trial Attorney
[e-mail]
Tel. [phone]
Fax [phone]
THOMAS J. DONOVAN, JR.
Attorney General of the State of Vermont
Benjamin D. Battles,* Solicitor General
Julio A. Thompson,* Assistant Attorney
General, Civil Rights Unit
Office of the Vermont Attorney General
109 State Street
Montpelier, Vermont 05609
[e-mail]
Tel. [phone]
Fax [phone]

MATTHEW DENN
Attorney General of the State of Delaware
Attorney General Matt Denn*
Delaware Department of Justice
Carvel State Building
820 N. French St.
Wilmington, DE 19801