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American Civil Liberties Union of New Jersey v. County of Hudson

April 26, 2002

AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY, ET AL., PLAINTIFFS- RESPONDENTS/CROSS- APPELLANTS,
v.
COUNTY OF HUDSON, ET AL., DEFENDANTS-APPELLANTS/CROSS- RESPONDENTS, AND THE UNITED STATES OF AMERICA, INTERVENOR-APPELLANT/CROSS- RESPONDENT.



Trial Court Docket No.: HUD-L-463-02 (Hudson County)

Judge(s): Kestin, Steinberg, Alley.

The opinion of the court was delivered by: Howard H. Kestin, J.A.D.

ORDER ON EMERGENT APPLICATION

EMERGENT APPLICATION

CROSS-APPLICATION FILED: April 26, 2002

ORDER

THIS MATTER HAVING BEEN DULY PRESENTED TO THE COURT, IT IS ON THIS 26th DAY OF APRIL, 2002, HEREBY ORDERED AS FOLLOWS:

EMERGENT APPLICATIONS TO RECONSIDER THE ORDER OF

APRIL 19, 2002

GRANTEDDENIEDOTHER

(X) (X) (X)

SUPPLEMENTAL:

This matter first came before us on Thursday, April 18, 2002, on the motion of Intervenor, the United States of America (the government). Having previously filed a notice of appeal from the trial court's judgment granting the relief sought by plaintiffs, the government sought a stay pending appeal of the requirement for disclosure of the names, nationalities, and other pedigree information of persons being detained in two county jails under contracts with the Immigration and Naturalization Service. The government's emergent application also sought an acceleration of the appeal. The latter motion was granted and a brief-filing schedule was established, culminating in oral argument scheduled for May 20, 2002.

Cognizant of the important and fragile interests and rights claimed on both sides of the case (e.g., the government's claims of national security, etc.; and the needs asserted on behalf of the detainees, inter alia, for access to the advice of counsel and the services of consular personnel) this court sought, in a teleconference with counsel on April 19, 2002, to elicit the agreement of the parties to an interim solution which would preserve the status quo, i.e., short of the full disclosure mandated by the trial court, yet, sensibly serving the individual ...


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