OK - now in #SDNY, Doe v. ICE case about arrests of non-citizens in courthouses, before Judge Alison Nathan. Inner City Press curtain raiser story last night: innercitypress.com/sdny1doeviceic… Live tweeting it here - thread 
@MatthewLeeICP @nhregister @DavidMcGuireEsq @CatskillDM @bethfertig @ThePortlandTrib @bscottnewskona Judge Nathan: I think there's some difference between the schedule Judge Rakoff has you on than here... And there are different claims in that case.
@MatthewLeeICP @nhregister @DavidMcGuireEsq @CatskillDM @bethfertig @ThePortlandTrib @bscottnewskona Doe's lawyer: We think we have quite a good chance of defeating the motion to dismiss.
Judge Nathan: You have not yet moved for preliminary injunctive relief. Do you intend to?
Doe's lawyer: It depends on the timing. It's mostly a legal issue
Judge Nathan: You have not yet moved for preliminary injunctive relief. Do you intend to?
Doe's lawyer: It depends on the timing. It's mostly a legal issue
@MatthewLeeICP @nhregister @DavidMcGuireEsq @CatskillDM @bethfertig @ThePortlandTrib @bscottnewskona Doe's lawyer: It's really about the courthouse arrest directive. What's happened, it's undisputed: a 17,000 percent increase in courthouse arrests since the directive came down
@MatthewLeeICP @nhregister @DavidMcGuireEsq @CatskillDM @bethfertig @ThePortlandTrib @bscottnewskona Doe's lawyer: Our view of the shape of the case is that discovery would be relatively limited. Document discovery should go forward despite the motion to dismiss.
@MatthewLeeICP @nhregister @DavidMcGuireEsq @CatskillDM @bethfertig @ThePortlandTrib @bscottnewskona AUSA Rebecca R. Friedman: There is no reason for discovery to move forward because if Your Honor rules for us, discovery would be unnecessary. Judge Rakoff --
Judge Nathan: He has indicated a date he will rule by, and a tight schedule after that
Judge Nathan: He has indicated a date he will rule by, and a tight schedule after that
@MatthewLeeICP @nhregister @DavidMcGuireEsq @CatskillDM @bethfertig @ThePortlandTrib @bscottnewskona Judge Nathan: My inclination is to put you on the same schedule as you are in the Judge Rakoff case. What he does may not impact what I do... I haven't even seen the motion to dismiss yet.
@MatthewLeeICP @nhregister @DavidMcGuireEsq @CatskillDM @bethfertig @ThePortlandTrib @bscottnewskona AUSA Friedman: We haven't seen any discovery request yet.
Judge Nathan: If the case moves forward before Judge Rakoff, the government would bear much of the same work on discovery.
AUSA: A delay is not burdensome on plaintiffs (!)
Judge Nathan: If the case moves forward before Judge Rakoff, the government would bear much of the same work on discovery.
AUSA: A delay is not burdensome on plaintiffs (!)
@MatthewLeeICP @nhregister @DavidMcGuireEsq @CatskillDM @bethfertig @ThePortlandTrib @bscottnewskona Judge Nathan: Just because the two cases have been deemed unrelated for one purpose doesn't mean there won't be overlap in factual discovery.
Doe's Lawyer, Mr Blackman: That seems sensible.
Doe's Lawyer, Mr Blackman: That seems sensible.
@MatthewLeeICP @nhregister @DavidMcGuireEsq @CatskillDM @bethfertig @ThePortlandTrib @bscottnewskona Doe's lawyer Blackman: We would be happy with Judge Rakoff's schedule, it would make total sense.
Judge Nathan: The government anticipate moving on standing, right?
AUSA Friedman: That's right.
Judge Nathan: The government anticipate moving on standing, right?
AUSA Friedman: That's right.
@MatthewLeeICP @nhregister @DavidMcGuireEsq @CatskillDM @bethfertig @ThePortlandTrib @bscottnewskona Doe's Lawyer says Doe must have standing: he is afraid to go to Family Court for an order of protection when his partner is threatening to blow the whistle on him to ICE
@MatthewLeeICP @nhregister @DavidMcGuireEsq @CatskillDM @bethfertig @ThePortlandTrib @bscottnewskona Doe's lawyer: If this complaint does not survive in full, it will survive in some form.
AUSA Friedman: one of the claims is being brought only by organizations, not Doe. To the extent there are organizational standing issues, that claim would be [gone]
AUSA Friedman: one of the claims is being brought only by organizations, not Doe. To the extent there are organizational standing issues, that claim would be [gone]
@MatthewLeeICP @nhregister @DavidMcGuireEsq @CatskillDM @bethfertig @ThePortlandTrib @bscottnewskona Doe's lawyer: Judge Rakoff has said he'll decide by December 3. And the government's brief is due that day...
Judge Nathan: Judge Rakoff sometimes gives a bottom line decision, we'll just have to see
Judge Nathan: Judge Rakoff sometimes gives a bottom line decision, we'll just have to see
@MatthewLeeICP @nhregister @DavidMcGuireEsq @CatskillDM @bethfertig @ThePortlandTrib @bscottnewskona And that was it, adjourned. Story with (photo of?) scheduling order in Doe v. ICE soon on InnerCityPress.com
Now rush to 40 Foley Square for US v. Fruman (Giuliani associate) bond hearing
Now rush to 40 Foley Square for US v. Fruman (Giuliani associate) bond hearing
