State of New York v. Trump

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- X : STATE OF NEW YORK, et al., : : Plaintiffs, : 20-CV-5770 (RCW) (PWH) (JMF) : -v- : ORDER : DONALD J. TRUMP, in his official capacity as : President of the United States, et al., : : Defendants. : : ---------------------------------------------------------------------- X Before: RICHARD C. WESLEY, United States Circuit Judge PETER W. HALL, United States Circuit Judge JESSE M. FURMAN, United States District Judge PER CURIAM: On August 10, 2020, Chief Circuit Judge Robert A. Katzmann appointed a three-judge panel to hear this matter pursuant to 28 U.S.C. § 2284(b)(1). See ECF Nos. 82-83. Section 2284(b)(3) provides, in relevant part, that “[a] single judge may conduct all proceedings except the trial,” and — with specified exceptions not yet relevant here — “enter all orders permitted by the rules of civil procedure.” Nevertheless, mindful that “the three-judge requirement in 28 U.S.C. § 2284 is jurisdictional,” Kalson v. Paterson, 542 F.3d 281, 287 (2d Cir. 2008), and for avoidance of any doubt, the Court hereby adopts the orders previously entered in this matter, including but not limited to the scheduling order of August 5, 2020, see ECF No. 53, and the consolidation order of August 4, 2020, see ECF No. 43. Further, the Court grants to Judge Furman authority to act on the Court’s behalf with respect to any pro hac vice motions filed in this matter.

SO ORDERED.

Dated: August 12, 2020 _______________/s/_________________ New York, New York RICHARD C. WESLEY United States Circuit Judge _______________/s/_________________ PETER W. HALL United States Circuit Judge _______________/s/_________________ JESSE M. FURMAN United States District Judge