JESSE M. FURMAN, District Judge.
On September 17, 2018, Plaintiffs filed a letter motion seeking a discovery conference or a protective order barring Defendants from taking the depositions of various individual members of the Plaintiff non-governmental organizations ("NGOs"). (Docket No. 324 ("Pls.' Letter")). Defendants responded by letter dated September 19, 2018, arguing that the depositions are appropriate to test Plaintiffs' claims of standing. (Docket No. 339 ("Defs.' Letter")).
Defendants' argument that depositions of the NGOs' members are necessary to evaluate their standing is somewhat dubious in light of Carey v. Klutznik, 637 F.2d 834 (2d Cir. 1980). In that case, which is binding on this Court, the Second Circuit held that "citizens who challenge a census undercount" can establish standing merely by showing "that improper enumeration will result in loss of funds to their city." Id. at 838. Nevertheless, mindful that the law governing standing has arguably developed since Carey and that Plaintiffs proffer multiple theories of standing (see Pls.' Letter 2), the Court is not prepared at this stage to rule out the possibility that the NGOs' members' abilities to prove more — in particular, that they actually use services that would be adversely affected by a census undercount (see Defs.' Letter 2-3) — will prove to be critical. Additionally, given the importance and urgency of this litigation, there is a strong interest in ensuring that an adequate record is made in the first instance for both sides to make whatever arguments they want to make. For these reasons, the Court concludes that Defendants should be allowed to proceed with the depositions at issue.
That said, the Court concludes that the depositions and Defendants' use of the depositions should be limited in several respects. First, the depositions shall be limited in scope to where the individual members live and whether they use any services that could be adversely affected by a census undercount.
The Clerk of Court is directed to terminate Docket No. 324.
SO ORDERED.