Second Circuit Grants Trump's Stay in discovery in Pair of DACA Suits

Swim19 · 10-20-2017, 04:31 PM

Quote:

The federal government was awarded an emergency stay in discovery proceedings by the U.S. Court of Appeals for the Second Circuit Friday, as it prepares to file a writ of mandamus in a pair of suits over President Donald Trump’s decision, announced last month in an executive order, to end the Deferred Action for Childhood Arrivals program last month.

The order in In Re: Elaine Duke 17-3345 was issued by Circuit Judge José Cabranes, ahead of a three-judge panel's consideration of the as-of-yet unfiled mandamus request. The government has until Monday afternoon to file papers.

The move by the U.S. Department of Justice is the latest in a series of pushbacks against a pair of lawsuits in the U.S. District Court for the Eastern District of New York. The plaintiffs—a private individual, Martin Jonathan Batalla Vidal in Batalla Vidal v. Baran, 16-cv-04756, and a host of state attorneys general, led by New York AG Eric Schneiderman in State of New York v. Trump, 17-cv-05228—have moved forward with discovery in the parallel suits, overseen by U.S. District Judge Nicholas Garaufis and Magistrate Judge James Orenstein.

Even as the government sought a stay from the appellate court Thursday, Orenstein and Garaufis, in separate orders the same day, pushed discovery forward in the suits.

http://www.newyorklawjournal.com/id=...20170920162733

PhelonOne87 · 10-20-2017, 04:43 PM

English please lol what's this all mean

2MoreYears · 10-20-2017, 05:07 PM

Quote:

Originally Posted by PhelonOne87

English please lol what's this all mean

I have no idea either but doesn't sound good .

Swim19 · 10-20-2017, 05:38 PM

I'm not sure either, and it's not allowing me to read the full article.

complicatedc33 · 10-20-2017, 05:44 PM

A wild guess would be that the judge is letting the DACA termination stand at the moment, and they might be waiting on more evidence from the administration.

Maybe it was an injunctive relief lawsuit, and the are not lifting the DACA termination to provide relief right now?

Demise · 10-20-2017, 08:06 PM

Discovery is the process of getting relevant documentation from the other side. A stay here basically means that they don't have to fork them over, yet.

dreamer__13 · 10-20-2017, 08:35 PM

Quote:

Originally Posted by Demise

Discovery is the process of getting relevant documentation from the other side. A stay here basically means that they don't have to fork them over, yet.

Yea it seems like they won’t have to turn things over by the 27th as originally requested.

Swim19 · 10-20-2017, 08:43 PM

Quote:

Originally Posted by dreamer__13

Yea it seems like they won’t have to turn things over by the 27th as originally requested.

That's what I thought, and this means a delay in the lawsuit unfortunately.

Adrian2145 · 10-20-2017, 10:04 PM

Means the federal court is putting and stay and won’t let the other two courts decide.

Swim19 · 10-21-2017, 08:49 AM

Some more info on this:

Quote:

Judge Jose A. Cabranes of the 2nd U.S. Circuit Court of Appeals in Manhattan on Friday temporarily suspended lower court rulings related to record production
.
A three-judge panel of the appeals court will now get involved in determining how much information the Trump administration has to turn over about how it decided to end the DACA program.

http://www.nydailynews.com/newswires...icle-1.3577518

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Second Circuit Grants Trump's Stay in discovery in Pair of DACA Suits