Case: Lowcountry Immigration Coalition v. Haley

2:11-cv-02779 | U.S. District Court for the District of South Carolina

Filed Date: Oct. 12, 2011

Clearinghouse coding complete

Case Summary

On October 12, 2011, a coalition of immigrant rights groups and individual immigrants filed a class action lawsuit in the U.S. District Court for the District of South Carolina, Charleston Division, against the State of Carolina and Charleston County. The plaintiffs, represented by the ACLU of South Carolina, the national ACLU's Immigrants' Rights Project, the Southern Poverty Law Center, the National Immigration Law Center, the Mexican American Legal Defense and Educational Fund (MALDEF), the …

On October 12, 2011, a coalition of immigrant rights groups and individual immigrants filed a class action lawsuit in the U.S. District Court for the District of South Carolina, Charleston Division, against the State of Carolina and Charleston County. The plaintiffs, represented by the ACLU of South Carolina, the national ACLU's Immigrants' Rights Project, the Southern Poverty Law Center, the National Immigration Law Center, the Mexican American Legal Defense and Educational Fund (MALDEF), the South Carolina Appleseed Legal Justice Center, LatinoJustice PRLDEF, and private counsel, filed their suit under 42 U.S.C. § 1983 and the Declaratory Judgment Act, 28 U.S.C. § 2201, claiming that South Carolina's comprehensive immigration law, Act 69, violated the federal Constitution.

Specifically, the plaintiffs challenged Sections 1, 4, 5, 6 and 7 of the Act, which require state and local law enforcement officers to investigate the immigration status of any individual they stop, detain, or arrest whenever they have a "reasonable suspicion" that the individual lacks immigration status, require them to determine the immigration status of all people being detained in prisons or jails, allow them to arrest individuals solely for failing to carry registration documents, make it a crime to harbor or transport an undocumented immigrant or to be harbored or transported by others if one is an undocumented immigrant, and impose civil liability on the police for failing to enforce its provisions to the maximum extent possible. They claimed that these sections are preempted by federal law and in violation of the Fourth and Fourteenth Amendments, and further claimed that the Act as a whole is preempted. The plaintiffs sought a declaration that the Act violated the Constitution and a peremptory injunction barring its enforcement before it came into effect on January 1, 2012.

(In passing Act 69, South Carolina joined Utah, Indiana, Georgia and Alabama in enacting immigration laws similar to Arizona's Senate Bill 1070. For the case challenging the Arizona law, see United States v. Arizona (IM-AZ-0015); for the case challenging Utah's HB 497, see Utah Coalition of La Raza v. Herbert (IM-UT-0002); for the case challenging Indiana's SEA 590, see Buquer v. City of Indianapolis (IM-IN-0002); for the case challenging Georgia's HB 87, see Georgia Latino Alliance for Human Rights v. Deal (IM-GA-0007); and for cases challenging Alabama's HB 56, see United States v. Alabama (IM-AL-0005), Hispanic Interest Coalition v. Bentley (IM-AL-0006), and Parsley v. Bentley (IM-AL-0007).)

The district court (Judge Richard M. Gergel) originally issued an order directing the parties to brief the issue whether the United States should be joined as a necessary party; the court set the issue aside when the United States filed a related action. See United States v. South Carolina (IM-SC-0002).

After a joint hearing on motions for summary judgment by plaintiffs in this case and by the federal government in United States v. South Carolina (IM-SC-0002), on December 22, 2011, the Court (Judge Richard M. Gergel) issued an order in large part granting both motions. Lowcountry Immigration Coalition v. Haley, No. 2:11-cv-02779, 2011 WL 6973241, 2011 U.S. Dist. LEXIS 151549 (D.S.C. Dec. 19, 2011). It enjoined Sections 4, 5 and 6 of the Act, but declined to enjoin Sections 1 and 7 or the Act as a whole, finding that the plaintiffs did not have standing to challenge them.

Defendants appealed to the Fourth Circuit, but the case was stayed until the Supreme Court issued its decision in United States v. Arizona (IM-AZ-0015), which dealt with a very similar statute in Arizona. That occurred in June 2012, 132 S. Ct. 2492 (2012); the Court struck down much of the Arizona statute, but declined to facially review the "show me your papers" provision. Shortly thereafter, the Court of Appeals issued a "limited remand" in this matter, directing the district court to decide in the first instance if its order should be adjusted in light of the Arizona opinion.

On November 27, 2012, the district court left in place most of its prior preliminary injunction, again the sections of the law that aimed to criminalize unlawful presence and giving a ride or renting an apartment to an undocumented immigrant. But the district court followed the Supreme Court's lead on the "show me your papers" provision. It noted: "This litigation is only at the preliminary injunction stage, and this Court's decision to dissolve the injunction regarding these status-checking provisions does not foreclose a future as-applied challenge based upon subsequent factual and legal developments. In the course of this litigation, the parties will have the opportunity to conduct discovery regarding the actual practices and procedures associated with the implementation of Sections 6(A) and 6(C)(1), and this Court can then address these issues with the benefit of a full record."

On December 7, 2012, the State of South Carolina filed an interlocutory appeal, challenging the district court's November 27 order. On July 13, 2013, the Fourth Circuit, per Judge Davis, upheld the preliminary injunction issued by the lower district court. The order would enjoin enforcement of Sections 4, 5, and 6(B)(2) of the law. Section 4 made it unlawful for a person who was illegally present in the United States to conceal, harbor, and transport herself from detection, and it made it illegal for a third party to assist in that endeavor. Section 5 made it illegal to fail to carry and illegal alien registration card, and 6(B)(2) made it illegal to display false identification.

South Carolina tried to argue that the Plaintiffs did not have a private right of action under the Supremacy Clause. Judge Davis dismissed this argument, pointing out that there is a long history of citizens seeking, and obtaining, injunctive relief against state laws that are preempted by federal laws. South Carolina also argued for Younger abstention, a doctrine which provides that federal courts should not exercise their jurisdiction over a matter if significantly interferes with a state judicial proceeding or prosecution. Judge Davis pointed out that no such proceeding or prosecution was ongoing here. He further argued that injunctive relief is particularly compelling where constitutional rights are at issue as they are here.

On the merits, Judge Davis affirmed the lower court's finding that all three sections were preempted. Judge Dvais noted that there was no presumption against preemption because immigration is regulated heavily by the federal government. Judge Davis then established that each section of the law at issue was preempted.

Section 4 of the Act was preempted because the Supreme Court in Arizona v. United States stated that unlawful presence is not a criminal offense. Section 4 made it illegal for unlawful aliens to shelter, harbor, or conceal oneself. This essentially criminalized unlawful presence. Judge Davis noted that Congress is unwilling to do this; instead; it has established a civil proceedings system that facilitates the removal of unlawful aliens. For the subsections of Section 4 dealing with third parties aiding unlawful residents, Judge Davis agreed with the district court that this area is so heavily regulated by federal law that there is no room left for this state regulation.

Judge Davis also found Section 5 to be preempted. The Supreme Court reviewed a similar statute in Arizona v. United States and there held that there was federal law governing the registration of unlawful aliens. It was thus unnecessary for there to be state law on the same issue. Judge Davis also found Section 6 to be preempted by a host of federal laws governing false and fraudulent identification.

After about 6 more months of litigation, Judge Gergel issued final judgment. Judge Gergel permanently enjoined South Carolina from enforcing Sections 4, 5, and 6(B)(2) of Act 69. Section 7 and the remainder of Section 6 would be enforced according to the guidelines stipulated in a memo by South Carolina's Attorney General. The memo stipulated that, under Section 6, officers could not prolong stops based on a suspicion of a person's immigration status. It also said that, under Section 7, officers could not prolong the detention of an individual to ascertain their immigration status or hold individuals in detention because of a belief about their immigration status. Not even to transfer them to federal custody. The plaintiffs agreed to dismiss their claims against Sections 6 and 7 without prejudice.

On July 7, 2014, Judge Gergel granted a motion to award $98,000 in attorneys' fees to the plaintiffs' lawyers.

Summary Authors

Christopher Schad (11/29/2012)

Salvatore Mancina (4/10/2017)

Related Cases

United States v. South Carolina, District of South Carolina (2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4381492/parties/lowcountry-immigration-coalition-v-haley/


Judge(s)

Davis, Andre Maurice (Maryland)

Gergel, Richard Mark (South Carolina)

Attorneys(s) for Plaintiff

Bauer, Mary C. (Virginia)

Bowie, Courtney (New York)

Brooke, Samuel (Alabama)

Cox, Justin Bryan (Georgia)

Desormeau, Katherine (California)

Dunn, Susan K. (South Carolina)

Gomez, Martha L. (California)

Huerta, Alvaro M. (California)

Judge(s)

Davis, Andre Maurice (Maryland)

Gergel, Richard Mark (South Carolina)

Attorneys(s) for Plaintiff

Bauer, Mary C. (Virginia)

Bowie, Courtney (New York)

Brooke, Samuel (Alabama)

Cox, Justin Bryan (Georgia)

Desormeau, Katherine (California)

Dunn, Susan K. (South Carolina)

Gomez, Martha L. (California)

Huerta, Alvaro M. (California)

Iturralde, Christina (Georgia)

Jadwat, Omar C. (New York)

Joaquin, Linton (California)

Keaney, Melissa S. (California)

Lapointe, Michelle R. (Georgia)

Lloyd, Reginald I (South Carolina)

Maer, Foster (New York)

Paylor, Alice (South Carolina)

Pedersen, Amy (District of Columbia)

Preciado, Nora (California)

Schwarz, Ghita (New York)

Segura, Andre Ivan (New York)

Sen, Diana S. (New York)

Sugarman, Kenneth John (California)

Suggs, Steven (South Carolina)

Tsu, Naomi Ruth (Georgia)

Tumlin, Karen C. (California)

Viramontes, Victor (California)

Wang, Cecillia D (California)

Werner, Daniel (Georgia)

Attorneys(s) for Defendant

Cook, Robert Dewayne (South Carolina)

Jackson, Robin Lilley (South Carolina)

Jowers, Mary Frances G. (South Carolina)

Senn, Sandra Jane (South Carolina)

Smith, James Emory Jr. (South Carolina)

Other Attorney(s)

Adams, Christopher W. (South Carolina)

Benach, Andres C. (District of Columbia)

Bowens, Barbara Murcier (South Carolina)

Carpenter, Russell Higson Jr. (District of Columbia)

Clark, Christopher R. (New York)

Gorniak, Carla (New York)

Kearns, Timothy Scott (District of Columbia)

Keaveny, Amanda Bethea (South Carolina)

Mukherjee, Ranadeb Robert (District of Columbia)

Player, Tucker S. (South Carolina)

Ravanides, Christos (New York)

Schwartz, Dale M. (Georgia)

Simpson, W. Scott (District of Columbia)

Solano, Henry L. (New York)

Sumter, Geraldine (North Carolina)

Tedeschi, Debra Sherman (South Carolina)

Documents in the Clearinghouse

Document

2:11-cv-02779

Docket (PACER)

Dec. 27, 2012

Dec. 27, 2012

Docket
1

2:11-cv-02779

Complaint for Declaratory and Injunctive Relief - Class Action

Oct. 12, 2011

Oct. 12, 2011

Complaint
123

2:11-cv-02779

Order [Granting Plaintiffs' Motion for Preliminary Injunction]

United States v. South Carolina

840 F.Supp.2d 898, 2011 WL 6973241, 2011 U.S.Dist.LEXIS 151549

Dec. 22, 2011

Dec. 22, 2011

Order/Opinion
126

2:11-cv-02779

Order [Staying Case Pending the Supreme Court's Decision in United States v. Arizona]

United States v. South Carolina

Jan. 9, 2012

Jan. 9, 2012

Order/Opinion
118

2:11-cv-02958

Order

United States of America v. South Carolina

906 F.Supp.2d 463, 2012 WL 5897321

Nov. 15, 2012

Nov. 15, 2012

Order/Opinion
177

2:11-cv-02779

Appellate Opinion

United States of America v. State of South Carolina

U. S. Court of Appeals for the Fourth Circuit

720 F.3d 518

July 23, 2013

July 23, 2013

Order/Opinion
201

2:11-cv-02779

Final Judgment

March 4, 2014

March 4, 2014

Order/Opinion
211

2:11-cv-02779

Order

July 7, 2014

July 7, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4381492/lowcountry-immigration-coalition-v-haley/

Last updated Aug. 13, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against James Alton Cannon, Nikki Haley, Alan Wilson, Scarlett A Wilson ( Filing fee $ 350 receipt number 0420-3657886.), filed by Jane Doe(No 1), Nuevos Caminos, South Carolina Hispanic Leadership Council, John McKenzie, Lowcountry Immigration Coalition, South Carolina Victim Assistance Network, Southern Regional Joint Board of Workers United, Service Employees International Union, Mujeres De Triunfo, Sandra Jones, John Doe, Keller Barron, Jane Doe(No 2), Yajaira Benet-Smith. (Attachments: # 1 Exhibit Senate Bill 20)(sshe, ) (Entered: 10/13/2011)

1 Exhibit Senate Bill 20

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Oct. 12, 2011

Oct. 12, 2011

PACER
2

Local Rule 26.01 Answers to Interrogatories by Keller Barron, Yajaira Benet-Smith, Nuevos Caminos, Jane Doe(No 1), Jane Doe(No 2), John Doe, Sandra Jones, Lowcountry Immigration Coalition, John McKenzie, Service Employees International Union, South Carolina Hispanic Leadership Council, South Carolina Victim Assistance Network, Southern Regional Joint Board of Workers United, Mujeres De Triunfo.(sshe, ) (Entered: 10/13/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
4

Summons Issued as to All Defendants. (sshe, ) (Entered: 10/13/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
5

ORDER re 1 Complaint, filed by John McKenzie, John Doe, South Carolina Victim Assistance Network, Keller Barron, Jane Doe, Southern Regional Joint Board of Workers United, Sandra Jones, Lowcountry Immigration Coalition, Service Employees International Union, Yajaira Benet-Smith, Mujeres De Triunfo, Nuevos Caminos, South Carolina Hispanic Leadership Council. Details set forth in Order. Signed by Honorable Richard M Gergel on 10/14/2011. (sshe, ) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
6

***DOCUMENT E-MAILED 5 Order, to USA William Nettles at bnettles@usa.doj.gov. (ltap, ) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
7

MOTION to Appear Pro Hac Vice by Omar Jadwat ( Filing fee $ 250 receipt number 0420-3664046) by Lowcountry Immigration Coalition. Response to Motion due by 10/31/2011 (Attachments: # 1 Exhibit Application, # 2 Exhibit Certificate of Good Standing)No proposed order(Dunn, Susan) (Entered: 10/14/2011)

1 Exhibit Application

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2 Exhibit Certificate of Good Standing

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Oct. 14, 2011

Oct. 14, 2011

PACER
8

MOTION to Appear Pro Hac Vice by Andre Segura ( Filing fee $ 250 receipt number 0420-3664769) by Lowcountry Immigration Coalition. Response to Motion due by 10/31/2011 (Attachments: # 1 Exhibit Application, # 2 Exhibit Certificate of Good Standing)No proposed order(Dunn, Susan) (Entered: 10/14/2011)

1 Exhibit Application

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2 Exhibit Certificate of Good Standing

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Oct. 14, 2011

Oct. 14, 2011

PACER
9

MOTION to Appear Pro Hac Vice by Joaquin Linton ( Filing fee $ 250 receipt number 0420-3664845) by Lowcountry Immigration Coalition. Response to Motion due by 10/31/2011 (Attachments: # 1 Exhibit Application, # 2 Exhibit Certificate of Good Standing)No proposed order(Dunn, Susan) (Entered: 10/14/2011)

1 Exhibit Application

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2 Exhibit Certificate of Good Standing

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Oct. 14, 2011

Oct. 14, 2011

PACER
10

MOTION to Appear Pro Hac Vice by Nora Precaido ( Filing fee $ 250 receipt number 0420-3665342) by Lowcountry Immigration Coalition. Response to Motion due by 10/31/2011 (Attachments: # 1 Exhibit Application, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Attachment 2 replaced on 10/17/2011) (sshe, ). Modified on 10/17/2011 to replace incorrect document with corrected document as provided by filing user per attorney notified Clerk's office that an error occurred in their filing (sshe, ). (Entered: 10/14/2011)

1 Exhibit Application

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2 Exhibit Certificate of Good Standing

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Oct. 14, 2011

Oct. 14, 2011

PACER
11

MOTION Leave to Proceed Under Pseudonyms by Lowcountry Immigration Coalition. Response to Motion due by 10/31/2011 (Attachments: # 1 Memo in Support Memo in Support of Doe Plaintiffs' Motion to Proceed Under Pseudonyms, # 2 Supporting Documents Declaration of Jane Doe #1, # 3 Supporting Documents Declaration of Jane Doe #2, # 4 Supporting Documents Declaration of John Doe #1, # 5 Supporting Documents Declaration of Melissa S. Keaney, # 6 Supporting Documents Declaration of Elaine Cantrell Lacy, # 7 Supporting Documents Declaration of Myriam Torres)Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered: 10/14/2011)

1 Memo in Support Memo in Support of Doe Plaintiffs' Motion to Proceed Under

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2 Supporting Documents Declaration of Jane Doe #1

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3 Supporting Documents Declaration of Jane Doe #2

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4 Supporting Documents Declaration of John Doe #1

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5 Supporting Documents Declaration of Melissa S. Keaney

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6 Supporting Documents Declaration of Elaine Cantrell Lacy

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7 Supporting Documents Declaration of Myriam Torres

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Oct. 14, 2011

Oct. 14, 2011

PACER
12

MOTION to Appear Pro Hac Vice by Melissa S. Keaney ( Filing fee $ 250 receipt number 0420-3665810) by Lowcountry Immigration Coalition. Response to Motion due by 10/31/2011 (Attachments: # 1 Exhibit Application, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered: 10/14/2011)

1 Exhibit Application

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2 Exhibit Certificate of Good Standing

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Oct. 14, 2011

Oct. 14, 2011

PACER
13

MOTION to Appear Pro Hac Vice by Karen Tumlin ( Filing fee $ 250 receipt number 0420-3666978) by Lowcountry Immigration Coalition. Response to Motion due by 11/3/2011 (Attachments: # 1 Exhibit Tumlin Application, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered: 10/17/2011)

1 Exhibit Tumlin Application

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2 Exhibit Certificate of Good Standing

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Oct. 17, 2011

Oct. 17, 2011

PACER
14

MOTION to Appear Pro Hac Vice by Victor Viramontes ( Filing fee $ 250 receipt number 0420-3667083) by Lowcountry Immigration Coalition. Response to Motion due by 11/3/2011 (Attachments: # 1 Exhibit Viramontes Application, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered: 10/17/2011)

1 Exhibit Viramontes Application

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2 Exhibit Certificate of Good Standing

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Oct. 17, 2011

Oct. 17, 2011

PACER
15

MOTION to Appear Pro Hac Vice by Amy R. Pedersen ( Filing fee $ 250 receipt number 0420-3667177) by Lowcountry Immigration Coalition. Response to Motion due by 11/3/2011 (Attachments: # 1 Exhibit Pedersen Application, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered: 10/17/2011)

1 Exhibit Pedersen Application

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2 Exhibit Certificate of Good Standing

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Oct. 17, 2011

Oct. 17, 2011

PACER
16

MOTION to Appear Pro Hac Vice by Michelle Rose Lapointe ( Filing fee $ 250 receipt number 0420-3667942) by Lowcountry Immigration Coalition. Response to Motion due by 11/3/2011 (Attachments: # 1 Exhibit Lapointe Application, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered: 10/17/2011)

1 Exhibit Lapointe Application

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2 Exhibit Certificate of Good Standing

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Oct. 17, 2011

Oct. 17, 2011

PACER
17

MOTION to Appear Pro Hac Vice by Mary Catherine Bauer ( Filing fee $ 250 receipt number 0420-3668094) by Lowcountry Immigration Coalition. Response to Motion due by 11/3/2011 (Attachments: # 1 Exhibit Application, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered: 10/17/2011)

1 Exhibit Application

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2 Exhibit Certificate of Good Standing

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Oct. 17, 2011

Oct. 17, 2011

PACER
18

MOTION to Appear Pro Hac Vice by Samuel Jacob Brooke ( Filing fee $ 250 receipt number 0420-3668233) by Lowcountry Immigration Coalition. Response to Motion due by 11/3/2011 (Attachments: # 1 Exhibit Application, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered: 10/17/2011)

1 Exhibit Application

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2 Exhibit Certificate of Good Standing

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Oct. 17, 2011

Oct. 17, 2011

PACER
19

MOTION to Appear Pro Hac Vice by Naomi Ruth Tsu ( Filing fee $ 250 receipt number 0420-3668336) by Lowcountry Immigration Coalition. Response to Motion due by 11/3/2011 (Attachments: # 1 Exhibit Application, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered: 10/17/2011)

1 Exhibit Application

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2 Exhibit Certificate of Good Standing

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Oct. 17, 2011

Oct. 17, 2011

PACER
20

MOTION to Appear Pro Hac Vice by Daniel Werner ( Filing fee $ 250 receipt number 0420-3668440) by Lowcountry Immigration Coalition. Response to Motion due by 11/3/2011 (Attachments: # 1 Exhibit Application, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered: 10/17/2011)

1 Exhibit Application

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2 Exhibit Certificate of Good Standing

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Oct. 17, 2011

Oct. 17, 2011

PACER
21

MOTION to Appear Pro Hac Vice by Kenneth John Sugarman ( Filing fee $ 250 receipt number 0420-3668481) by Lowcountry Immigration Coalition. Response to Motion due by 11/3/2011 (Attachments: # 1 Exhibit Application, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered: 10/17/2011)

1 Exhibit Application

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2 Exhibit Certificate of Good Standing

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Oct. 17, 2011

Oct. 17, 2011

PACER
22

MOTION to Appear Pro Hac Vice by Katherine Desormeau ( Filing fee $ 250 receipt number 0420-3668548) by Lowcountry Immigration Coalition. Response to Motion due by 11/3/2011 (Attachments: # 1 Exhibit Application, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered: 10/17/2011)

1 Exhibit Application

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2 Exhibit Certificate of Good Standing

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Oct. 17, 2011

Oct. 17, 2011

PACER
23

MOTION to Appear Pro Hac Vice by Cecillia D. Wang ( Filing fee $ 250 receipt number 0420-3669775) by Lowcountry Immigration Coalition. Response to Motion due by 11/4/2011 (Attachments: # 1 Exhibit Application, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered: 10/18/2011)

1 Exhibit Application

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2 Exhibit Certificate of Good Standing

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Oct. 18, 2011

Oct. 18, 2011

PACER
24

ORDER granting 7 Motion to Appear Pro Hac Vice; granting 8 Motion to Appear Pro Hac Vice; granting 9 Motion to Appear Pro Hac Vice; granting 10 Motion to Appear Pro Hac Vice; granting 12 Motion to Appear Pro Hac Vice; granting 13 Motion to Appear Pro Hac Vice; granting 14 Motion to Appear Pro Hac Vice; granting 15 Motion to Appear Pro Hac Vice for Plaintiffs Signed by Honorable Richard M Gergel on 10/18/2011.(sshe, ) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

PACER
25

MOTION for Leave to File Excess Pages for Memo in Support of Plaintiffs' Motion for Preliminary Injunction by Lowcountry Immigration Coalition. Response to Motion due by 11/7/2011 Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered: 10/20/2011)

Oct. 20, 2011

Oct. 20, 2011

PACER
26

ORDER granting 25 Plaintiffs' Motion for Leave to File Excess Pages Signed by Honorable Richard M Gergel on 112779.(sshe, ) (Entered: 10/20/2011)

Oct. 20, 2011

Oct. 20, 2011

PACER
27

ORDER granting 17 Motion to Appear Pro Hac Vice; granting 18 Motion to Appear Pro Hac Vice; granting 19 Motion to Appear Pro Hac Vice; granting 20 Motion to Appear Pro Hac Vice; granting 21 Motion to Appear Pro Hac Vice; granting 22 Motion to Appear Pro Hac Vice; granting 23 Motion to Appear Pro Hac Vice; granting 16 Motion to Appear Pro Hac Vice for Plaintiffs. Signed by Honorable Richard M Gergel on 10/20/2011.(sshe, ) (Entered: 10/20/2011)

Oct. 20, 2011

Oct. 20, 2011

PACER
28

REPLY by Lowcountry Immigration Coalition to 5 Order,. (Attachments: # 1 Exhibit 10/12/11 Letter to Dept. of Justice from US Court of Appeals)(Dunn, Susan) (Entered: 10/21/2011)

1 Exhibit 10/12/11 Letter to Dept. of Justice from US Court of Appeals

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Oct. 21, 2011

Oct. 21, 2011

PACER
29

MOTION for Preliminary Injunction by Lowcountry Immigration Coalition. Response to Motion due by 11/7/2011 (Attachments: # 1 Memo in Support Plaintiffs' Memo in Support of Motion for Preliminary Injunction, # 2 Exhibit List of Exhibits to Memo, # 3 Exhibit State v. Marquez arrest record, # 4 Exhibit Friendly House v. Whiting Brief in Support of Plaintiffs, # 5 Exhibit Motion for Leave to Join Brief of United Mexican States in Support of Plaintiffs, # 6 Exhibit Brief of United Mexican States in Support of Plaintiffs' Complaint for Declaratory and Injunctive Relief, # 7 Exhibit Declaration of Jane Doe #2, # 8 Exhibit Declaration of John Doe #1, # 9 Exhibit Declaration of Yajaira Benet-Smith, # 10 Exhibit Declaration of George Gascon, # 11 Exhibit Guidance on State and Local Governments' Assistance in ImmigrationEnforcement and related matters, # 12 Exhibit Declaration of Eduardo Gonzales, # 13 Exhibit Declaration of George Kanuck, # 14 Exhibit Declaration of Romina McCandless, # 15 Exhibit Declaration of Rich Robinson, # 16 Exhibit Declaration of Veronica Swain Kunz, # 17 Exhibit Declaration of Gregory Torrales, # 18 Exhibit Declaration of Orin Baird, # 19 Exhibit Declaration of Harris Raynor, # 20 Exhibit Declaration of Jane Doe #1, # 21 Exhibit Declaration of John McKenzie, # 22 Exhibit Declaration of Pastor Sandra Jones, # 23 Exhibit Declaration of Kellar Barron, # 24 Exhibit Declaration of Hannah Robbins, # 25 Exhibit Transcript of March 2, 2011 Senate debate on SB20, # 26 Exhibit Transcript of March 8, 2011 Snate debate on SB20, # 27 Exhibit Abraham F. Lowenthal Declaration, # 28 Exhibit Declaration of William J. Burns, # 29 Exhibit Bureau of Justice Services Statistics, # 30 Exhibit Bo Cooper Declaration, # 31 Exhibit Declaration of Lori Scialabba, # 32 Exhibit Declaration of David V. Aguilar, # 33 Exhibit Declaration of James B. Steinberg, # 34 Exhibit Declaration of William M. Griffen, # 35 Exhibit Declaration of Daniel H. Ragsdale, # 36 Exhibit Transcript of May 4, 2011 House Hearing on SB20)Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered: 10/21/2011)

1 Memo in Support Plaintiffs' Memo in Support of Motion for Preliminary Injun

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2 Exhibit List of Exhibits to Memo

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3 Exhibit State v. Marquez arrest record

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4 Exhibit Friendly House v. Whiting Brief in Support of Plaintiffs

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5 Exhibit Motion for Leave to Join Brief of United Mexican States in Support of Pl

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6 Exhibit Brief of United Mexican States in Support of Plaintiffs' Complaint

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7 Exhibit Declaration of Jane Doe #2

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8 Exhibit Declaration of John Doe #1

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9 Exhibit Declaration of Yajaira Benet-Smith

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10 Exhibit Declaration of George Gascon

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11 Exhibit Guidance on State and Local Governments' Assistance in ImmigrationE

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12 Exhibit Declaration of Eduardo Gonzales

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13 Exhibit Declaration of George Kanuck

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14 Exhibit Declaration of Romina McCandless

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15 Exhibit Declaration of Rich Robinson

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16 Exhibit Declaration of Veronica Swain Kunz

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17 Exhibit Declaration of Gregory Torrales

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18 Exhibit Declaration of Orin Baird

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19 Exhibit Declaration of Harris Raynor

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20 Exhibit Declaration of Jane Doe #1

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21 Exhibit Declaration of John McKenzie

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22 Exhibit Declaration of Pastor Sandra Jones

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23 Exhibit Declaration of Kellar Barron

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24 Exhibit Declaration of Hannah Robbins

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25 Exhibit Transcript of March 2, 2011 Senate debate on SB20

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26 Exhibit Transcript of March 8, 2011 Snate debate on SB20

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27 Exhibit Abraham F. Lowenthal Declaration

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28 Exhibit Declaration of William J. Burns

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29 Exhibit Bureau of Justice Services Statistics

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30 Exhibit Bo Cooper Declaration

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31 Exhibit Declaration of Lori Scialabba

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32 Exhibit Declaration of David V. Aguilar

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33 Exhibit Declaration of James B. Steinberg

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34 Exhibit Declaration of William M. Griffen

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35 Exhibit Declaration of Daniel H. Ragsdale

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36 Exhibit Transcript of May 4, 2011 House Hearing on SB20

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Oct. 21, 2011

Oct. 21, 2011

PACER
30

MOTION to Appear Pro Hac Vice by John Foster Symes Maer ( Filing fee $ 250 receipt number 0420-3682144) by Lowcountry Immigration Coalition. Response to Motion due by 11/10/2011 (Attachments: # 1 Exhibit Application, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered: 10/24/2011)

1 Exhibit Application

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2 Exhibit Certificate of Good Standing

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Oct. 24, 2011

Oct. 24, 2011

PACER
31

MOTION to Appear Pro Hac Vice by Diana Sagorika Sen ( Filing fee $ 250 receipt number 0420-3682252) by Lowcountry Immigration Coalition. Response to Motion due by 11/10/2011 (Attachments: # 1 Exhibit Application, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Main Document 31 replaced on 10/24/2011) (sshe, ). (Attachment 1 replaced on 10/24/2011) (sshe, ). (Attachment 2 replaced on 10/24/2011) (sshe, ). Modified on 10/24/2011 to replace incorrect attachments with correct documents as provided by filing user per attorney notified Clerk's office that an error occurred in their filing prior to QA review(sshe, ). (Entered: 10/24/2011)

1 Exhibit Application

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2 Exhibit Certificate of Good Standing

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Oct. 24, 2011

Oct. 24, 2011

PACER
32

MOTION to Appear Pro Hac Vice by Ghita R. Schwarz ( Filing fee $ 250 receipt number 0420-3682331) by Lowcountry Immigration Coalition. Response to Motion due by 11/10/2011 (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Exhibit Application)Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered: 10/24/2011)

1 Exhibit Certificate of Good Standing

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2 Exhibit Application

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Oct. 24, 2011

Oct. 24, 2011

PACER
33

NOTICE of Appearance by Sandra Jane Senn on behalf of James Alton Cannon (Senn, Sandra) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
34

ORDER granting 30 Motion to Appear Pro Hac Vice; granting 31 Motion to Appear Pro Hac Vice; granting 32 Motion to Appear Pro Hac Vice of John Foster Symes Maer, Diana Sagorika Sen, Ghita R Schwarz for Plaintiffs Signed by Honorable Richard M Gergel on 10/26/2011.(sshe, ) (Entered: 10/26/2011)

Oct. 26, 2011

Oct. 26, 2011

PACER
35

NOTICE of Hearing: Telephone Conference set for 11/1/2011 at 11:00 AM before Honorable Richard M Gergel. Attorneys are to initiate conference call and then call into Chambers. Court Staff needed.(ltap, ) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
37

REPLY by Nikki Haley, Alan Wilson, Scarlett A Wilson to 5 Order, Memorandum of Defendants Governor, Attorney General and Solictor Regarding Joinder of USA. (Attachments: # 1 Certificate of Service)(Smith, James) (Entered: 10/31/2011)

1 Certificate of Service

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Oct. 31, 2011

Oct. 31, 2011

PACER
38

REPLY by United States of America to 5 Order,. (Nettles, William) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
39

NOTICE of Appearance by Barbara Murcier Bowens on behalf of United States of America (Bowens, Barbara) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
40

MOTION to Appear Pro Hac Vice by William Scott Simpson by United States of America. Response to Motion due by 11/17/2011 (Attachments: # 1 Application for Pro Hac Admission, # 2 Certificate in Good Standing, # 3 Order responsive to #8 of the application)No proposed order(Bowens, Barbara) (Entered: 10/31/2011)

1 Application for Pro Hac Admission

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2 Certificate in Good Standing

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3 Order responsive to #8 of the application

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Oct. 31, 2011

Oct. 31, 2011

PACER
42

ORDER granting 40 Motion of William Scott Simpson to Appear Pro Hac Vice for United States of America Signed by Honorable Richard M Gergel on 11/1/2011.(sshe, ) (Entered: 11/01/2011)

Nov. 1, 2011

Nov. 1, 2011

PACER
43

Minute Entry. Proceedings held before Honorable Richard M Gergel: Status Conference held on 11/1/2011. Court to issue order. Court Reporter Amy Diaz. (erav, ) (Entered: 11/01/2011)

Nov. 1, 2011

Nov. 1, 2011

PACER
44

TEXT ORDER The parties have jointly requested the following schedule for briefing the motion for preliminary injunction and the filing of the Defendants' time to answer or otherwise plead: (1) Defendants' response to Plaintiffs' motion for preliminary injunction (Dkt. No. 29) due by 11/18/11; (2) Plaintiffs' reply to Defendants' memorandum to motion for preliminary injunction due by 11/30/11; and (3) Defendants' time to answer or otherwise plead extended to 1/17/12. The Court hereby grants the requested schedule as set forth above. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 11/1/2011. (sshe, ) (Entered: 11/01/2011)

Nov. 1, 2011

Nov. 1, 2011

PACER
45

TEXT ORDER Plaintiffs moved for leave of certain plaintiffs to proceed under pseudonyms. (Dkt. No. 11). Defendants advised the Court in the telephone status conference of 11/1/11 that they do not object to the motion. Therefore, the Court hereby grants Plaintiffs' motion to proceed under pseudonyms. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 11/1/2011.(sshe, ) (Entered: 11/01/2011)

Nov. 1, 2011

Nov. 1, 2011

PACER
46

NOTICE of Hearing on Motion 29 MOTION for Preliminary Injunction : Motion Hearing set for 12/19/2011 10:00 AM in Charleston Courtroom 3, U. S. Court House, 81 Meeting St, Charleston before Honorable Richard M Gergel. (sshe, ) (Entered: 11/01/2011)

Nov. 1, 2011

Nov. 1, 2011

PACER
47

TEXT ORDER By order dated 10/14/11, the Court requested the parties to address the issue of whether the United States was a "required party" pursuant to Rule 19 of the Federal Rules of Civil Procedure. (Dkt. No. 5 ). The parties and the United States responded to the Court's inquiry. (Dkt. No. 28, 37 and 38). Subsequently, the United States initiated a related action, United States v. South Carolina (2:11-2958). The parties are advised that the Court does not intend at this time to address this matter further unless a party files a motion pursuant to Rule 19. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 11/1/2011. (sshe, ) (Entered: 11/01/2011)

Nov. 1, 2011

Nov. 1, 2011

PACER
48

NOTICE of Appearance by Robin Lilley Jackson on behalf of James Alton Cannon (Jackson, Robin) (Entered: 11/01/2011)

Nov. 1, 2011

Nov. 1, 2011

PACER
50

MOTION for Leave to File Amicus Brief in Support of Plaintiffs by United Mexican States. Response to Motion due by 11/28/2011 (Attachments: # 1 [Lodged] Amicus Curiae Brief of the United Mexican States, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counselAssociated Cases: 2:11-cv-02779-RMG, 2:11-cv-02958-RMG(Adams, Christopher) (Entered: 11/08/2011)

1 [Lodged] Amicus Curiae Brief of the United Mexican States

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2 Proposed Order

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Nov. 8, 2011

Nov. 8, 2011

PACER
51

MOTION For Leave to Join Amicus Curiae Brief of the United Mexican States in Support of Plaintiffs by Government of Argentina, Government of Bolivia, Government of Brazil, Government of Chile, Government of Colombia, Government of Costa Rica, Government of Dominican Republic, Government of Ecuador, Government of El Salvador, Government of Guatemala, Government of Honduras, Government of Nicaragua, Government of Paraguay, Government of Peru, Government of Uruguay. Response to Motion due by 11/28/2011 (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counselAssociated Cases: 2:11-cv-02779-RMG, 2:11-cv-02958-RMG(Adams, Christopher) (Entered: 11/08/2011)

1 Proposed Order

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Nov. 8, 2011

Nov. 8, 2011

PACER
52

TEXT ORDER: The Court has received a motion from the United Mexican States for leave to file an amicus brief (Dkt. No. 50) and a motion by various Central and South American countries to join that amicus brief (Dkt. No. 51). The time for any parties to respond to these motions is hereby shortened to 11/16/11. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 11/8/11. (ltap, ) (Entered: 11/08/2011)

Nov. 8, 2011

Nov. 8, 2011

PACER
53

MOTION for Leave to File Amicus Brief in Support of Plaintiffs' by American Immigration Lawyers Association. Response to Motion due by 12/1/2011 (Attachments: # 1 Amicus Brief, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counselAssociated Cases: 2:11-cv-02779-RMG, 2:11-cv-02958-RMG(Keaveny, Amanda) (Entered: 11/11/2011)

1 Amicus Brief

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2 Proposed Order

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Nov. 11, 2011

Nov. 11, 2011

PACER
54

MOTION to Appear Pro Hac Vice by Ranadeb Mukherjee ( Filing fee $ 250 receipt number 0420-3722554) by Asian American Justice Center, The. Response to Motion due by 12/1/2011 (Attachments: # 1 Affidavit, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel(Sumter, Geraldine) Modified on 11/14/2011 to correct filer as listed on document(sshe, ). (Entered: 11/11/2011)

1 Affidavit

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2 Proposed Order

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Nov. 11, 2011

Nov. 11, 2011

PACER
55

MOTION Excuse Defendant Cannon From Participation as a County Defendant by James Alton Cannon. Response to Motion due by 12/1/2011 (Attachments: # 1 Memo in Support, # 2 Exhibit Exhibit A: E-mail Correspondence)Proposed order is being emailed to chambers with copy to opposing counsel(Senn, Sandra) (Entered: 11/11/2011)

1 Memo in Support

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2 Exhibit Exhibit A: E-mail Correspondence

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Nov. 11, 2011

Nov. 11, 2011

PACER
56

MOTION to Appear Pro Hac Vice by Russell H. Carpenter, Jr. ( Filing fee $ 250 receipt number 0420-3722563) by Asian American Justice Center, The. Response to Motion due by 12/1/2011 (Attachments: # 1 Affidavit, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel(Sumter, Geraldine) Modified on 11/14/2011 to correct filer as listed on document(sshe, ). (Entered: 11/11/2011)

1 Affidavit

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2 Proposed Order

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Nov. 11, 2011

Nov. 11, 2011

PACER
57

MOTION for Leave to File Unopposed Motion For Leave to Join Amicus Curiae Brief of The Asian American Justice Center And Other Organizations by Asian American Justice Center, The. Response to Motion due by 12/1/2011 (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel(Sumter, Geraldine) Modified on 11/14/2011 to correct party filer as listed on document(sshe, ). (Entered: 11/11/2011)

1 Proposed Order

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Nov. 11, 2011

Nov. 11, 2011

PACER
58

RESPONSE in Support re 29 MOTION for Preliminary Injunction Brief of Asian American Justice Center And Other Amici Curiae In Support of Plaintiffs' Motion for Preliminary Injunction Response filed by Asian American Justice Center, The. (Sumter, Geraldine) Modified on 11/14/2011 to correct docket text re party as filer listed on document(sshe, ). (Entered: 11/11/2011)

Nov. 11, 2011

Nov. 11, 2011

PACER
59

MOTION for Leave to File Amicus Curiae Brief by Legal Momentum. Response to Motion due by 12/1/2011 (Attachments: # 1 Exhibit Proposed Amici Curiae Brief)No proposed order(Tedeschi, Debra) (Entered: 11/11/2011)

1 Exhibit Proposed Amici Curiae Brief

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Nov. 11, 2011

Nov. 11, 2011

PACER
60

TEXT ORDER: The Court has received a motion from the American Immigration Lawyers Association for leave to file an amicus brief (Dkt. No. 53), a motion by the Asian American Justice Center and Other Organizations to join that amicus brief (Dkt. No. 57), and a Motion from Legal Momentum for leave to file an amicus brief (Dkt. No. 59). The time for any parties to respond to these motions is hereby shortened to 11/18/11. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 11/14/11. (ltap, ) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
61

MOTION to Appear Pro Hac Vice by Christopher R. Clark ( Filing fee $ 250 receipt number 0420-3726865) by Government of Argentina, Government of Bolivia, Government of Brazil, Government of Chile, Government of Colombia, Government of Costa Rica, Government of Dominican Republic, Government of Ecuador, Government of El Salvador, Government of Guatemala, Government of Honduras, Government of Nicaragua, Government of Paraguay, Government of Peru, Government of Uruguay, United Mexican States. Response to Motion due by 12/2/2011 (Attachments: # 1 Affidavit/Application for Pro Hac Vice Admission, # 2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Adams, Christopher) (Entered: 11/15/2011)

1 Affidavit/Application for Pro Hac Vice Admission

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2 Certificate of Good Standing

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Nov. 15, 2011

Nov. 15, 2011

PACER
62

MOTION to Appear Pro Hac Vice by Carla Gorniak ( Filing fee $ 250 receipt number 0420-3726905) by Government of Argentina, Government of Bolivia, Government of Brazil, Government of Chile, Government of Colombia, Government of Costa Rica, Government of Dominican Republic, Government of Ecuador, Government of El Salvador, Government of Guatemala, Government of Honduras, Government of Nicaragua, Government of Paraguay, Government of Peru, Government of Uruguay, United Mexican States. Response to Motion due by 12/2/2011 (Attachments: # 1 Affidavit/Application for Pro Hac Vice Admission, # 2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Adams, Christopher) (Entered: 11/15/2011)

1 Affidavit/Application for Pro Hac Vice Admission

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2 Certificate of Good Standing

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Nov. 15, 2011

Nov. 15, 2011

PACER
63

MOTION to Appear Pro Hac Vice by Henry L. Solano ( Filing fee $ 250 receipt number 0420-3726944) by Government of Argentina, Government of Bolivia, Government of Brazil, Government of Chile, Government of Colombia, Government of Costa Rica, Government of Dominican Republic, Government of Ecuador, Government of El Salvador, Government of Guatemala, Government of Honduras, Government of Nicaragua, Government of Paraguay, Government of Peru, Government of Uruguay, United Mexican States. Response to Motion due by 12/2/2011 (Attachments: # 1 Affidavit/Application for Pro Hac Vice Admission, # 2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Adams, Christopher) (Entered: 11/15/2011)

1 Affidavit/Application for Pro Hac Vice Admission

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2 Certificate of Good Standing

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Nov. 15, 2011

Nov. 15, 2011

PACER
64

RESPONSE to Motion re 53 MOTION for Leave to File Amicus Brief in Support of Plaintiffs' Response filed by James Alton Cannon.Reply to Response to Motion due by 11/28/2011 (Senn, Sandra) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
65

RESPONSE to Motion re 59 MOTION for Leave to File Amicus Curiae Brief Response filed by James Alton Cannon.Reply to Response to Motion due by 11/28/2011 (Senn, Sandra) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
66

RESPONSE to Motion re 57 MOTION for Leave to File Unopposed Motion For Leave to Join Amicus Curiae Brief of The Asian American Justice Center And Other Organizations Response filed by James Alton Cannon.Reply to Response to Motion due by 11/28/2011 (Senn, Sandra) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
67

RESPONSE to Motion re 50 MOTION for Leave to File Amicus Brief in Support of Plaintiffs Response filed by James Alton Cannon.Reply to Response to Motion due by 11/28/2011 (Senn, Sandra) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
68

TEXT ORDER: The Court has received a motion from Defendant Canon to be excused from participation as a county defendant (Dkt. No. 55). The time for any parties to respond to this motion is hereby shortened to 11/21/11. AND IT IS ORDERED. Entered at the direction of the Honorable Richard M Gergel on 11/15/11. (ltap, ) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
69

MOTION for Leave to File Excess Pages by Nikki Haley, Alan Wilson, Scarlett A Wilson. Response to Motion due by 12/2/2011 Proposed order is being emailed to chambers with copy to opposing counsel(Smith, James) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
70

RESPONSE to Motion re 51 MOTION For Leave to Join Amicus Curiae Brief of the United Mexican States in Support of Plaintiffs Response filed by James Alton Cannon.Reply to Response to Motion due by 11/28/2011 (Senn, Sandra) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
71

ORDER granting 54 Motion of Ranadeb Mukherjee to Appear Pro Hac Vice; granting 56 Motion of Russell H. Carpenter, Jr to Appear Pro Hac Vice for Asian American Justice Center, The. Signed by Honorable Richard M Gergel on 11/15/2011.(sshe, ) (Entered: 11/16/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
72

MOTION to Appear Pro Hac Vice by Christos Ravanides ( Filing fee $ 250 receipt number 0420-3731408) by Legal Momentum. Response to Motion due by 12/5/2011 (Attachments: # 1 Pro Hac Vice Application)No proposed order(Tedeschi, Debra) (Entered: 11/16/2011)

1 Pro Hac Vice Application

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Nov. 16, 2011

Nov. 16, 2011

PACER
73

MOTION to Appear Pro Hac Vice by Timothy Kearns ( Filing fee $ 250 receipt number 0420-3731484) by Legal Momentum. Response to Motion due by 12/5/2011 (Attachments: # 1 Pro Hac Vice Application Timothy Kearns)No proposed order(Tedeschi, Debra) (Entered: 11/16/2011)

1 Pro Hac Vice Application Timothy Kearns

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Nov. 16, 2011

Nov. 16, 2011

PACER
74

ORDER granting 69 Motion for Leave to File Excess Pages Signed by Honorable Richard M Gergel on 11/17/2011.(sshe, ) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
75

NOTICE of Appearance by Sandra Jane Senn on behalf of Scarlett A Wilson (Senn, Sandra) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
76

ORDER granting (61)Motion to Appear Pro Hac Vice in case 2:11-cv-02779-RMG; granting (33)Motion to Appear Pro Hac Vice in case 2:11-cv-02958-RMG for Christopher R. Clark representing Government of Argentina, Government of Bolivia, Government of Brazil, Government of Chile, Government of Colombia, Government of Costa Rica, Government of Dominican Republic, Government of Ecuador, Government of El Salvador, Government of Guatemala, Government of Honduras, Government of Nicaragua, Government of Paraguay, Government of Peru, Government of Uruguay, United Mexican States. Signed by Honorable Richard M Gergel on 11/17/2011.Associated Cases: 2:11-cv-02779-RMG, 2:11-cv-02958-RMG(sshe, ) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
77

ORDER granting (62)Motion to Appear Pro Hac Vice in case 2:11-cv-02779-RMG; granting (32)Motion to Appear Pro Hac Vice in case 2:11-cv-02958-RMG for Carla Gorniak representing Government of Argentina, Government of Bolivia, Government of Brazil, Government of Chile, Government of Colombia, Government of Costa Rica, Government of Dominican Republic, Government of Ecuador, Government of El Salvador, Government of Guatemala, Government of Honduras, Government of Nicaragua, Government of Paraguay, Government of Peru, Government of Uruguay, United Mexican States. Signed by Honorable Richard M Gergel on 11/17/2011.Associated Cases: 2:11-cv-02779-RMG, 2:11-cv-02958-RMG(sshe, ) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
78

ORDER granting (63)Motion to Appear Pro Hac Vice in case 2:11-cv-02779-RMG; granting (34)Motion to Appear Pro Hac Vice in case 2:11-cv-02958-RMG for Henry L Solano representing Government of Argentina, Government of Bolivia, Government of Brazil, Government of Chile, Government of Colombia, Government of Costa Rica, Government of Dominican Republic, Government of Ecuador, Government of El Salvador, Government of Guatemala, Government of Honduras, Government of Nicaragua, Government of Paraguay, Government of Peru, Government of Uruguay, United Mexican States. Signed by Honorable Richard M Gergel on 11/17/2011.Associated Cases: 2:11-cv-02779-RMG, 2:11-cv-02958-RMG(sshe, ) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
79

ORDER granting 72 Motion of Christos Ravanides to Appear Pro Hac Vice; granting 73 Motion of Timothy Kearns to Appear Pro Hac Vice for Legal Momentum. Signed by Honorable Richard M Gergel on 11/18/2011.(sshe, ) (Entered: 11/18/2011)

Nov. 18, 2011

Nov. 18, 2011

PACER
80

RESPONSE in Opposition re 29 MOTION for Preliminary Injunction Response filed by Nikki Haley, Alan Wilson.Reply to Response to Motion due by 12/1/2011 (Attachments: # 1 Exhibit Ex. 1 - AL HB 56 statute, # 2 Exhibit Ex. 2 - US v. AL NDAL, # 3 Exhibit Ex. 3 - Hispanic Int. decision, # 4 Exhibit Ex. 4 - US v. AL CTA)(Smith, James) Modified on 12/6/2011 to reference 98 Additional Attachments filed 12/5/2011(sshe, ). (Entered: 11/18/2011)

1 Exhibit Ex. 1 - AL HB 56 statute

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2 Exhibit Ex. 2 - US v. AL NDAL

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3 Exhibit Ex. 3 - Hispanic Int. decision

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4 Exhibit Ex. 4 - US v. AL CTA

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Nov. 18, 2011

Nov. 18, 2011

PACER
81

RESPONSE to Motion re 29 MOTION for Preliminary Injunction Response filed by James Alton Cannon, Scarlett A Wilson.Reply to Response to Motion due by 12/1/2011 (Attachments: # 1 Memo in Support)(Senn, Sandra) (Entered: 11/18/2011)

1 Memo in Support

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Nov. 18, 2011

Nov. 18, 2011

PACER
82

MOTION to Excuse or to Stay by Scarlett A Wilson. Response to Motion due by 12/5/2011 Proposed order is being emailed to chambers with copy to opposing counsel(Senn, Sandra) (Entered: 11/18/2011)

Nov. 18, 2011

Nov. 18, 2011

PACER
83

RESPONSE to Motion re 55 MOTION Excuse Defendant Cannon From Participation as a County Defendant Response filed by Nikki Haley, Alan Wilson.Reply to Response to Motion due by 12/1/2011 (Jowers, Mary) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

PACER
84

TEXT ORDER: The Court has received a motion from Defendant Wilson to be excused from participation as a county defendant (Dkt. No. 82). The time for any parties to respond to this motion is hereby shortened to 12/1/11. AND IT IS ORDERED. Entered at the direction of the Honorable Richard M Gergel on 11/21/11. (ltap, ) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

PACER
85

TEXT ORDER: The Court, by text orders issued on 11/8/11 (Dkt. No. 52) and 11/14/11 (Dkt. No. 60), shortened the time for parties to respond to various motions to file amicus briefs or to join amicus briefs. (Dkt. Nos. 50, 51, 53, 57 and 59). No party responded in opposition to these motions. Therefore, the motions at Dkt. Nos. 50, 51, 53, 57 and 59 are hereby granted. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 11/21/11.(ltap, ) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

PACER
86

MOTION to Appear Pro Hac Vice by Courtney Bowie ( Filing fee $ 250 receipt number 0420-3739720) by Lowcountry Immigration Coalition. Response to Motion due by 12/8/2011 (Attachments: # 1 Supporting Documents Application of Courtney Bowie, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered: 11/21/2011)

1 Supporting Documents Application of Courtney Bowie

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2 Exhibit Certificate of Good Standing

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Nov. 21, 2011

Nov. 21, 2011

PACER
87

MOTION to Appear Pro Hac Vice by Alvaro Huerta ( Filing fee $ 250 receipt number 0420-3739800) by Lowcountry Immigration Coalition. Response to Motion due by 12/8/2011 (Attachments: # 1 Supporting Documents Application of Alvaro Huerta, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) Modified on 11/22/2011 to correct docket text spelling or grammar(sshe, ). (Entered: 11/21/2011)

1 Supporting Documents Application of Alvaro Huerto

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2 Exhibit Certificate of Good Standing

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Nov. 21, 2011

Nov. 21, 2011

PACER
88

RESPONSE to Motion re 82 MOTION to Excuse or to Stay Response filed by Nikki Haley, Alan Wilson.Reply to Response to Motion due by 12/2/2011 (Jowers, Mary) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
89

MOTION for Leave to File Excess Pages Reply Memo in Support of Plaintiffs' Motion for Preliminary Injunction by Lowcountry Immigration Coalition. Response to Motion due by 12/12/2011 Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

PACER
90

ORDER granting 87 Motion of Alvaro Huerta to Appear Pro Hac Vice for Plaintiffs Signed by Honorable Richard M Gergel on 11/28/2011.(sshe, ) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

PACER
91

ORDER granting 86 Motion of Courtney A Bowie to Appear Pro Hac Vice for Plaintiffs Signed by Honorable Richard M Gergel on 11/28/2011.(sshe, ) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

PACER
92

ORDER granting 89 Plaintiffs' Motion for Leave to File Excess Pages, a thirty (30) page reply memorandum in support of their Motion for Preliminary Injunction. Signed by Honorable Richard M Gergel on 11/29/2011.(sshe, ) (Entered: 11/29/2011)

Nov. 29, 2011

Nov. 29, 2011

PACER
93

RESPONSE in Support re 29 MOTION for Preliminary Injunction Response filed by Lowcountry Immigration Coalition. (Dunn, Susan) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

PACER
94

MOTION to Appear Pro Hac Vice by Andres C Benach Unopposed ( Filing fee $ 250 receipt number 0420-3757259) by American Immigration Lawyers Association. Response to Motion due by 12/19/2011 (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counselAssociated Cases: 2:11-cv-02779-RMG, 2:11-cv-02958-RMG(Keaveny, Amanda) (Entered: 12/01/2011)

1 Affidavit

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2 Certificate of Good Standing

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Dec. 1, 2011

Dec. 1, 2011

PACER
95

REPLY to Response to Motion re 55 MOTION Excuse Defendant Cannon From Participation as a County Defendant Response filed by James Alton Cannon. (Senn, Sandra) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

PACER
96

REPLY to Response to Motion re 82 MOTION to Excuse or to Stay Response filed by James Alton Cannon, Scarlett A Wilson. (Senn, Sandra) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
98

Additional Attachments to Main Document 80 Response in Opposition to Motion, Clarification to Response in Opposition to PI Motion. (Smith, James) (Entered: 12/05/2011)

Dec. 5, 2011

Dec. 5, 2011

PACER
99

Local Rule 26.01 Answers to Interrogatories by Nikki Haley, Alan Wilson.(Smith, James) (Entered: 12/05/2011)

Dec. 5, 2011

Dec. 5, 2011

PACER
100

MOTION to Appear Pro Hac Vice by Justin B. Cox ( Filing fee $ 250 receipt number 0420-3764382) by Lowcountry Immigration Coalition. Response to Motion due by 12/27/2011 (Attachments: # 1 Exhibit Application, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered: 12/06/2011)

1 Exhibit Application

View on PACER

2 Exhibit Certificate of Good Standing

View on PACER

Dec. 6, 2011

Dec. 6, 2011

PACER
101

TEXT ORDER: The oral argument on the motions for preliminary injunction will be conducted utilizing the following order: (1) Plaintiffs in Civil Action No. 2:11-2779; (2) Plaintiff in the Civil Action No. 2:11-2958; and (3) Defendants in both pending civil actions. Plaintiffs in Civil Action No. 2:11-2779 and Defendants in both pending civil actions should designate one counsel to make oral argument on their behalf. Organizations participating by way of amicus will not be allocated time to participate in oral argument on the motions for preliminary injunction and are not obligated to attend the preliminary injunction hearing. The Court has not yet decided regarding the length of time to be allocated to the parties for oral argument and welcomes the input of the parties on this matter. To that end, the Court directs the parties to confer to determine if a joint request can be presented regarding the length of time that should be allocated to each of the three classes of parties referenced above and to advise the Court of any joint request for a time limitation on oral argument on or before the end of the business day on 12/13/11. The Court will thereafter set a final time schedule for oral argument. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 12/9/11. Associated Cases: 2:11-cv-02779-RMG, 2:11-cv-02958-RMG(ltap, ) (Entered: 12/09/2011)

Dec. 9, 2011

Dec. 9, 2011

PACER
102

TEXT ORDER: Defendants James Alton Cannon, in his official capacity as Sheriff of Charleston County, and Scarlett A. Wilson, in her official capacity as Solicitor of the Ninth Judicial Circuit, have moved to be "excused" from participation in this litigation. (Dkt. Nos. 55, 82). No party has objected to their motions. Both of these defendants have indicated that they intend to obey any order of this Court regardless of whether they are parties to this action. Rule 1 of the Federal Rules of Civil Procedure mandates that the rules of the court "should be construed and administered to secure the just, speedy and inexpensive determination of every action and proceeding." To that end, the Court construes pending motions 55 and 82 as motions to dismiss without prejudice. All parties who wish to respond to these motions as construed by the Court should do so on or before the end of the business day on 12/15/11. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 12/9/11. (ltap, ) (Entered: 12/09/2011)

Dec. 9, 2011

Dec. 9, 2011

PACER
103

ORDER granting 94 Motion of Andres C Benach to Appear Pro Hac Vice for American Immigration Lawyers Association Signed by Honorable Richard M Gergel on 12/12/2011.(sshe, ) (Entered: 12/12/2011)

Dec. 12, 2011

Dec. 12, 2011

PACER
104

ORDER granting 100 Motion of Justin B Cox to Appear Pro Hac Vice for Plaintiffs Signed by Honorable Richard M Gergel on 12/12/2011.(sshe, ) (Entered: 12/12/2011)

Dec. 12, 2011

Dec. 12, 2011

PACER
105

MOTION to Appear Pro Hac Vice by Dale Schwartz ( Filing fee $ 250 receipt number 0420-3777923) by Anti-Defamation League. Response to Motion due by 1/3/2012 Proposed order is being emailed to chambers with copy to opposing counsel(Player, Tucker) (Entered: 12/13/2011)

Dec. 13, 2011

Dec. 13, 2011

PACER

Case Details

State / Territory: South Carolina

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 12, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a coalition of immigrant rights groups and individual immigrants

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

LatinoJustice PRLDEF

MALDEF

National Immigration Law Center

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

The State of South Carolina, State

Charleston County (Charleston), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Unreasonable search and seizure

Equal Protection

Due Process

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Amount Defendant Pays: 98,000

Order Duration: 2011 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Search policies

Discrimination-basis:

National origin discrimination

Race discrimination

Immigration/Border:

Border police

Constitutional rights

Criminal prosecution

Detention - procedures

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation