Case: United States v. South Carolina

2:11-cv-02958 | U.S. District Court for the District of South Carolina

Filed Date: Oct. 31, 2011

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On October 31, 2011, the U.S. Department of Justice filed this lawsuit in the U.S. District Court for the District of South Carolina. The U.S. sued the State of South Carolina under the Supremacy Clause and the Immigration and Nationality Act, seeking an injunction barring the enforcement of South Carolina's recently passed immigration bill, Act 69. Specifically, the federal government challenged Sections 4, 5 and 6 of Act 69. These sections required state and local law enforcement officers to …

On October 31, 2011, the U.S. Department of Justice filed this lawsuit in the U.S. District Court for the District of South Carolina. The U.S. sued the State of South Carolina under the Supremacy Clause and the Immigration and Nationality Act, seeking an injunction barring the enforcement of South Carolina's recently passed immigration bill, Act 69.

Specifically, the federal government challenged Sections 4, 5 and 6 of Act 69. These sections required state and local law enforcement officers to investigate the immigration status of any individual they stopped, detained, or arrested whenever they had a "reasonable suspicion" that the individual lacked immigration status. They further allowed law enforcement officers to arrest individuals solely for failing to carry registration documents and made it a crime to harbor or transport an undocumented immigrant or to be harbored or transported if one is an undocumented immigrant. The government also challenged Section 15, which made it a crime to create or repeatedly use a false identification.

(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).)

After a joint hearing on motions for summary judgment by the Department of Justice and by private plaintiffs in Lowcountry Immigration Coalition v. Haley (IM-SC-0001), on December 22, 2011, United States District Judge Richard M. Gergel issued an order in large part granting both motions. United States v. South Carolina, No. 2:11-cv-02958, 2011 WL 6973241, 2011 U.S. Dist. LEXIS 151549 (D.S.C. Dec. 19, 2011). The court enjoined Sections 4, 5 and 6 of the Act, but declined to enjoin Section 15, as it found that the federal government had not made a clear showing it would suffer irreparable harm if the section were enforced.

The State appealed to the Fourth Circuit, which stayed the case until the Supreme Court issued its decision in United States v. Arizona (IM-AZ-0015), which dealt with a very similar statute in Arizona. In June 2012, the Supreme Court struck down much of the Arizona statute, but declined to facially review the "show me your papers" provision. 132 S.Ct. 2492 (2012). 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 Supreme Court's Arizona opinion.

On November 26, 2012, the district court left in place most of its prior preliminary injunction, against 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 filed an interlocutory appeal of the District Court's preliminary injunction. On July 23, 3013, the United States Court of Appeals for the Fourth Circuit affirmed the District Court's decision.

Litigation then continued at the district court and the parties began settlement discussions. On March 4, 2015, Judge Gergel permanently enjoined the State from implementing Sections 4, 5, 6(B)(2), and 15 of South Carolina's Act 69. He further noted that the Department of Justice had agreed to voluntarily dismiss without prejudice

their remaining claims as to Sections 6 and 7 based on the State's specified interpretations of these sections.

The parties then began litigation over attorney's fees, but no further action has been taken since June 6, 2014. The case appears closed.

Summary Authors

Christopher Schad (11/29/2012)

Gabriela Hybel (3/27/2017)

Related Cases

Lowcountry Immigration Coalition v. Haley, District of South Carolina (2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4381498/parties/united-states-v-south-carolina-state-of/


Judge(s)

Gergel, Richard Mark (South Carolina)

Attorneys(s) for Plaintiff

Bowens, Barbara Murcier (South Carolina)

Goldberg, Arthur Robert (District of Columbia)

Nettles, William N (South Carolina)

Simpson, W. Scott (District of Columbia)

West, Tony (District of Columbia)

Attorneys(s) for Defendant

Cook, Robert Dewayne (South Carolina)

Smith, James Emory Jr. (South Carolina)

Other Attorney(s)

Active

Active

Judge(s)

Gergel, Richard Mark (South Carolina)

Attorneys(s) for Plaintiff

Bowens, Barbara Murcier (South Carolina)

Goldberg, Arthur Robert (District of Columbia)

Nettles, William N (South Carolina)

Simpson, W. Scott (District of Columbia)

West, Tony (District of Columbia)

Attorneys(s) for Defendant

Cook, Robert Dewayne (South Carolina)

Smith, James Emory Jr. (South Carolina)

Other Attorney(s)

Adams, Christopher W. (South Carolina)

Clark, Christopher R. (New York)

Gorniak, Carla (New York)

Keaveny, Amanda Bethea (South Carolina)

Solano, Henry L. (New York)

Documents in the Clearinghouse

Document

2:11-cv-02958

Docket [PACER]

June 6, 2014

June 6, 2014

Docket
1

2:11-cv-02958

Complaint for Declaratory and Injunctive Relief

Oct. 31, 2011

Oct. 31, 2011

Complaint
64

2:11-cv-02958

Order [Granting Plaintiff's Motion for Preliminary Injunction]

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

Dec. 22, 2011

Dec. 22, 2011

Order/Opinion
68

2:11-cv-02958

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

Jan. 9, 2012

Jan. 9, 2012

Order/Opinion
118

2:11-cv-02958

Order

United States of America v. State of South Carolina

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

Nov. 15, 2012

Nov. 15, 2012

Order/Opinion
153

2:11-cv-02958

Final Judgment

March 4, 2014

March 4, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4381498/united-states-v-south-carolina-state-of/

Last updated Aug. 2, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Nikki R Haley, South Carolina, State of, filed by United States of America.(sshe, ) (Entered: 11/01/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
2

Local Rule 26.01 Answers to Interrogatories by United States of America.(sshe, ) (Entered: 11/01/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
4

Summons Issued as to Nikki R Haley, South Carolina, State of. (sshe, ) (Entered: 11/01/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
5

NOTICE of Hearing: Telephone Conference set for 11/1/2011 11:00 AM before Honorable Richard M Gergel. Attorneys are to initiate conference call and then call into Chambers. Court Staff needed.(sshe, ) (Entered: 11/01/2011)

Nov. 1, 2011

Nov. 1, 2011

PACER
6

MOTION to Appear Pro Hac Vice by William Scott Simpson by United States of America. Response to Motion due by 11/18/2011 (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(Bowens, Barbara) (Entered: 11/01/2011)

1 Affidavit/Application for Pro Hac Vice Admission

View on PACER

2 Certificate of Good Standing

View on PACER

Nov. 1, 2011

Nov. 1, 2011

PACER
7

TEXT ORDER The parties have jointly requested the following schedule regarding the Plaintiff's preliminary injunction motion: (1) Plaintiff will move for a preliminary injunction by 11/7/11; (2) Defendants will respond to Plaintiff's motion for preliminary injunction by 11/22/11; (3) Plaintiff will file a reply to Defendants' memorandum regarding the motion for preliminary injunction by 12/5/11; (4) Defendants' time to answer or otherwise plead is extended to 1/17/12; and (5) Oral argument on the motion for preliminary injunction is 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. The Court hereby sets 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, ) Modified on 11/4/2011 to edit docket text per Chambers re (3) reply due by 12/5/11(sshe, ). (Entered: 11/01/2011)

Nov. 1, 2011

Nov. 1, 2011

PACER
8

MOTION to Intervene by Dr Marie Assa'ad-Faltas. Response to Motion due by 11/18/2011 (Attachments: # 1 Supporting Documents Exhibits 1-3, # 2 Supporting Documents Exhibit 4)No proposed order(sshe, ) Modified on 11/2/2011 to reference 11 Additional Attachments filed 11/2/2011(sshe, ). (Main Document 8, Attachment 1, Attachment 2 replaced on 11/4/2011) Modified on 11/4/2011 Clerk reattached same original documents to correct ECF error message re 'Unable to Combine PDF'(sshe, ). (Entered: 11/02/2011)

1 Supporting Documents Exhibits 1-3

View on PACER

2 Supporting Documents Exhibit 4

View on PACER

Nov. 1, 2011

Nov. 1, 2011

PACER
10

ORDER granting 6 Motion of William Scott Simpson to Appear Pro Hac Vice for United States of America Signed by Honorable Richard M Gergel on 11/2/2011.(sshe, ) (Entered: 11/02/2011)

Nov. 2, 2011

Nov. 2, 2011

PACER
11

Additional Attachments captioned "Proposed Intervenor Complaint" to Main Document 8 MOTION to Intervene. (Attachments: # 1 Supporting Documents)(sshe, ) (Main Document 11, Attachment 1 replaced on 11/4/2011) (sshe, ). Modified on 11/4/2011 Clerk reattached same original documents to correct ECF error message re 'Unable to Combine PDF'(sshe, ). (Entered: 11/02/2011)

1 Supporting Documents

View on PACER

Nov. 2, 2011

Nov. 2, 2011

PACER
12

Proposed Intervenor Assa'ad-Faltas' MOTION for Temporary Restraining Order and Preliminary Injunction ( Response to Motion due by 11/21/2011) by Marie Assa'ad-Faltas. No proposed order(sshe, ) (Entered: 11/07/2011)

Nov. 4, 2011

Nov. 4, 2011

PACER
13

ORDER denying 8 Dr. Faltas' Motion to Intervene Signed by Honorable Richard M Gergel on 11/7/2011.(sshe, ) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
14

***DOCUMENT MAILED 13 Order on Motion to Intervene placed in U.S. Mail to Dr Marie Assa'ad-Faltas (sshe, ) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
15

MOTION for Leave to File Excess Pages (Unopposed) by United States of America. Response to Motion due by 11/28/2011 Proposed order is being emailed to chambers with copy to opposing counsel(Nettles, William) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
16

MOTION for Preliminary Injunction by United States of America. Response to Motion due by 11/28/2011 (Attachments: # 1 Memo in Support, # 2 Attachment 1, Declaration of William J. Burns, # 3 Attachment 2, Declaration of Lori Scialabba, # 4 Attachment 3, Declaration of Daniel H. Ragsdale, # 5 Attachment 4, Guidance on Immigration Enforcement, # 6 Attachment 5, Civil Immigration Enforcement, # 7 Attachment 6, Declaration of William M. Griffen, # 8 Attachment 7, Declaration of David V. Aguilar, # 9 Attachment 8, Declaration of Leon Lott, # 10 Attachment 9, Declaration of Wendell Davis, # 11 Attachment 10, Declaration of Dominic Gentile)Proposed order is being emailed to chambers with copy to opposing counsel(Nettles, William) Modified on 11/10/2011 to reference 26 Additional Attachments Declaration of John Zumalt filed 11/9/2011(sshe, ). (Entered: 11/07/2011)

1 Memo in Support

View on PACER

2 Attachment 1, Declaration of William J. Burns

View on PACER

3 Attachment 2, Declaration of Lori Scialabba

View on PACER

4 Attachment 3, Declaration of Daniel H. Ragsdale

View on PACER

5 Attachment 4, Guidance on Immigration Enforcement

View on PACER

6 Attachment 5, Civil Immigration Enforcement

View on PACER

7 Attachment 6, Declaration of William M. Griffen

View on PACER

8 Attachment 7, Declaration of David V. Aguilar

View on PACER

9 Attachment 8, Declaration of Leon Lott

View on PACER

10 Attachment 9, Declaration of Wendell Davis

View on PACER

11 Attachment 10, Declaration of Dominic Gentile

View on PACER

Nov. 7, 2011

Nov. 7, 2011

PACER
19

ORDER granting 15 Motion for Leave to File Excess Pages Signed by Honorable Richard M Gergel on 11/8/2011.(sshe, ) (Entered: 11/08/2011)

Nov. 8, 2011

Nov. 8, 2011

PACER
27

MOTION for Reconsideration re 13 Order on Motion to Intervene by Marie Assa'ad-Faltas. Response to Motion due by 11/28/2011 No proposed order(sshe, ) (Entered: 11/10/2011)

Nov. 8, 2011

Nov. 8, 2011

PACER
20

CERTIFICATE OF SERVICE by United States of America re 16 MOTION for Preliminary Injunction, 13 Order on Motion to Intervene, 15 MOTION for Leave to File Excess Pages (Unopposed) (Bowens, Barbara) (Entered: 11/08/2011)

Nov. 8, 2011

Nov. 8, 2011

PACER
21

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)

Nov. 8, 2011

Nov. 8, 2011

PACER
22

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)

Nov. 8, 2011

Nov. 8, 2011

PACER
23

TEXT ORDER: The Court has received a motion from the United Mexican States for leave to file an amicus brief (Dkt. No. 21) and a motion by various Central and South American countries to join that amicus brief (Dkt. No. 22). 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
24

SUMMONS Returned Executed by United States of America. Nikki R Haley served on 11/2/2011, answer due 11/23/2011; South Carolina, State of served on 11/2/2011, answer due 11/23/2011. (Attachments: # 1 Return Receipt for Nikki Haley, # 2 Return Receipt for The State of South Carolina)(Bowens, Barbara) Modified on 11/9/2011 to correct answer due dates per ECF error(sshe, ). (Entered: 11/09/2011)

1 Return Receipt for Nikki Haley

View on PACER

2 Return Receipt for The State of South Carolina

View on PACER

Nov. 9, 2011

Nov. 9, 2011

PACER
26

Additional Attachments to Main Document 16 MOTION for Preliminary Injunction. (Attachments: # 1 Declaration of John Zumalt)(Nettles, William) (Entered: 11/09/2011)

1 Declaration of John Zumalt

View on PACER

Nov. 9, 2011

Nov. 9, 2011

PACER
28

ORDER denying 27 Dr. Faltas' Motion for Reconsideration Signed by Honorable Richard M Gergel on 11/10/2011.(sshe, ) (Entered: 11/10/2011)

Nov. 10, 2011

Nov. 10, 2011

PACER
29

***DOCUMENT MAILED 28 Order on Motion for Reconsideration placed in U.S. Mail to Marie Assa'ad-Faltas (sshe, ) (Entered: 11/10/2011)

Nov. 10, 2011

Nov. 10, 2011

PACER
30

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

View on PACER

2 Proposed Order

View on PACER

Nov. 11, 2011

Nov. 11, 2011

PACER
31

TEXT ORDER: The Court has received a motion from the American Immigration Lawyers Association for leave to file an amicus brief (Dkt. No. 30). The time for any parties to respond to this motion 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
32

MOTION to Appear Pro Hac Vice by Carla Gorniak ( Filing fee $ 250 receipt number 0420-3725824) 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 12/1/2011 (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: 11/14/2011)

1 Affidavit/Application for Pro Hac Vice Admission

View on PACER

2 Certificate of Good Standing

View on PACER

Nov. 14, 2011

Nov. 14, 2011

PACER
33

MOTION to Appear Pro Hac Vice by Christopher R. Clark ( Filing fee $ 250 receipt number 0420-3725873) 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 12/1/2011 (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: 11/14/2011)

1 Affidavit/Application for Pro Hac Vice Admission

View on PACER

2 Certificate of Good Standing

View on PACER

Nov. 14, 2011

Nov. 14, 2011

PACER
34

MOTION to Appear Pro Hac Vice by Henry L. Solano ( Filing fee $ 250 receipt number 0420-3725900) 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 12/1/2011 (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: 11/14/2011)

1 Affidavit/Application for Pro Hac Vice Admission

View on PACER

2 Certificate of Good Standing

View on PACER

Nov. 14, 2011

Nov. 14, 2011

PACER
35

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
36

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
37

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
38

MOTION for Leave to File Excess Pages by Nikki R Haley, South Carolina, State of. Response to Motion due by 12/8/2011 Proposed order is being emailed to chambers with copy to opposing counsel(Smith, James) (Entered: 11/20/2011)

Nov. 20, 2011

Nov. 20, 2011

PACER
39

MOTION to Appear Pro Hac Vice by Arthur R. Goldberg by United States of America. Response to Motion due by 12/8/2011 (Attachments: # 1 Application for Pro Hac Admission, # 2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Bowens, Barbara) (Entered: 11/21/2011)

1 Application for Pro Hac Admission

View on PACER

2 Certificate of Good Standing

View on PACER

Nov. 21, 2011

Nov. 21, 2011

PACER
40

TEXT ORDER: The Court, by text orders issued on 11/8/2011 (Dkt. No. 23) and 11/14/2011 (Dkt. No. 31), shortened the time for parties to respond to various motions to file amicus briefs or to join amicus briefs. (Dkt. Nos. 21, 22 and 30). No party responded in opposition to these motions. Therefore the motions at Dkt. Nos. 21, 22 and 30 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
41

ORDER granting 39 Motion of Arthur R Goldberg to Appear Pro Hac Vice for United States of America Signed by Honorable Richard M Gergel on 11/22/2011.(sshe, ) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
42

ORDER granting 38 Motion for Leave to File Excess Pages Signed by Honorable Richard M Gergel on 11/21/2011.(sshe, ) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
43

RESPONSE in Opposition re 16 MOTION for Preliminary Injunction Response filed by Nikki R Haley, South Carolina, State of.Reply to Response to Motion due by 12/2/2011 (Attachments: # 1 Exhibit SC Act 69, # 2 Exhibit AL HB 56, # 3 Exhibit US v. ALA DCT, # 4 Exhibit Hisp. Int. Coa. DCT, # 5 Exhibit US v AL 11th Cir)(Smith, James) (Entered: 11/22/2011)

1 Exhibit SC Act 69

View on PACER

2 Exhibit AL HB 56

View on PACER

3 Exhibit US v. ALA DCT

View on PACER

4 Exhibit Hisp. Int. Coa. DCT

View on PACER

5 Exhibit US v AL 11th Cir

View on PACER

Nov. 22, 2011

Nov. 22, 2011

PACER
44

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)

Dec. 1, 2011

Dec. 1, 2011

PACER
45

MOTION for Extension of Time by United States of America. Response to Motion due by 12/19/2011 Proposed order is being emailed to chambers with copy to opposing counsel(Bowens, Barbara) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
46

ORDER granting 45 Motion for Extension of Time. Reply in Support of Plaintiff's Motion for Preliminary Injunction shall be filed by 12/6/2011. Signed by Honorable Richard M Gergel on 12/2/2011.(sshe, ) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
47

Local Rule 26.01 Answers to Interrogatories by Nikki R Haley, South Carolina, State of.(Smith, James) (Entered: 12/05/2011)

Dec. 5, 2011

Dec. 5, 2011

PACER
48

MOTION for Leave to File Excess Pages (Unopposed) by United States of America. Response to Motion due by 12/27/2011 Proposed order is being emailed to chambers with copy to opposing counsel(Nettles, William) (Entered: 12/06/2011)

Dec. 6, 2011

Dec. 6, 2011

PACER
49

REPLY to Response to Motion re 16 MOTION for Preliminary Injunction Response filed by United States of America. (Nettles, William) (Entered: 12/06/2011)

Dec. 6, 2011

Dec. 6, 2011

PACER
51

TEXT ORDER granting 48 Motion for Leave to File Excess Pages. Entered at the direction of the Honorable Richard M Gergel on 12/7/11.(ltap, ) (Entered: 12/07/2011)

Dec. 7, 2011

Dec. 7, 2011

PACER
52

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
53

REPLY by United States of America to (101 in 2:11-cv-02779-RMG, 52 in 2:11-cv-02958-RMG) Order,,,,, Report of Attorney Conference. Associated Cases: 2:11-cv-02958-RMG, 2:11-cv-02779-RMG(Nettles, William) (Entered: 12/13/2011)

Dec. 13, 2011

Dec. 13, 2011

PACER
55

MOTION to Reopen Motion to Intervene, Allow to offer evidence into record of scheduled hearing, Allow to Suggest Alternate Disposition by Marie Assa'ad-Faltas. Response to Motion due by 1/3/2012 No proposed orderAssociated Cases: 2:11-cv-02958-RMG, 2:11-cv-02779-RMG(sshe, ) (Entered: 12/14/2011)

Dec. 13, 2011

Dec. 13, 2011

PACER
54

TEXT ORDER : The Court hereby adopts the oral argument schedule set forth in the Report of Attorney Conference (Dkt. No. 53 in 2:11-cv-02958-RMG, 107 in 2:11-cv-02779-RMG). AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 12/14/11. Associated Cases: 2:11-cv-02779-RMG, 2:11-cv-02958-RMG(ltap, ) (Entered: 12/14/2011)

Dec. 14, 2011

Dec. 14, 2011

PACER
56

TEXT ORDER: The Court has reviewed and considered the Motions filed by Dr. Assa'ad-Faltas (Docket #110 filed in case 2:11-cv-02779-RMG and Docket #55 filed in case 2:11-cv-02958-RMG). The Court finds that these motions have no legal merit and hereby DENIES the motions. IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 12/14/11.Associated Cases: 2:11-cv-02779-RMG, 2:11-cv-02958-RMG(ltap, ) (Entered: 12/14/2011)

Dec. 14, 2011

Dec. 14, 2011

PACER
57

MOTION for Leave to File to Cite Supplemental Authority by Nikki R Haley, South Carolina, State of. Response to Motion due by 1/3/2012 No proposed order(Smith, James) (Entered: 12/14/2011)

Dec. 14, 2011

Dec. 14, 2011

PACER
58

TEXT ORDER: Defendants' motions for leave to cite supplemental authority (Dkt. No. 57 in 2:11-2958 and Dkt. No. 115 in 2:11-2779) are hereby granted. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 12/15/11. (ltap, ) (Entered: 12/15/2011)

Dec. 15, 2011

Dec. 15, 2011

PACER
59

MOTION to Stay Suit and Allow Act 69 to Take Effect by Nikki R Haley, South Carolina, State of. Response to Motion due by 1/3/2012 (Attachments: # 1 Exhibit Hickey v. Baxter, 833 F.2d 1005 (4th Cir. 1987)(Table))No proposed order(Smith, James) (Entered: 12/15/2011)

1 Exhibit Hickey v. Baxter, 833 F.2d 1005 (4th Cir. 1987)(Table)

View on PACER

Dec. 15, 2011

Dec. 15, 2011

PACER
60

TEXT ORDER: Defendants have moved to stay these actions and allow Act 69 to go into effect on the basis of the United States Supreme Court's recent grant of certiorari in Douglas v. Independent Living Center and State of Arizona v. US. (Dkt. No. 116 in 2:11-2779 and Dkt. No. 59 in 2:11-2958). The time for parties to respond to these motions is hereby shortened to 12/16/11. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 12/15/11. Associated Cases: 2:11-cv-02779-RMG, 2:11-cv-02958-RMG(ltap, ) (Entered: 12/15/2011)

Dec. 15, 2011

Dec. 15, 2011

PACER
61

***DOCUMENT Entry MAILED (112 in 2:11-cv-02779-RMG) (56 in 2:11-cv-02958-RMG) Text Order on Motion for Miscellaneous Relief, placed in U.S. Mail to Dr Marie Assa'ad-Faltas Associated Cases: 2:11-cv-02779-RMG, 2:11-cv-02958-RMG(sshe, ) (Entered: 12/15/2011)

Dec. 15, 2011

Dec. 15, 2011

PACER
62

RESPONSE in Opposition re 59 MOTION to Stay Suit and Allow Act 69 to Take Effect Response filed by United States of America.Reply to Response to Motion due by 1/3/2012 (Bowens, Barbara) (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
63

Minute Entry. Proceedings held before Honorable Richard M Gergel: denying 59 Motion to Stay; taking under advisement 16 Motion for Preliminary Injunction; Motion Hearing held on 12/19/2011. Court to issue written order. Court Reporter Debbie Potocki. (erav, ) (Entered: 12/19/2011)

Dec. 19, 2011

Dec. 19, 2011

PACER
64

ORDER granting 29 Motion for Preliminary Injunction in case 2:11-cv-02779-RMG and 16 Motion for Preliminary Injunction in case 2:11-cv-02958-RMG regarding Sections 4,5 and 6 of Act 69, and S.C. Code Section 16-9-460, until further order of this Court. Signed by Honorable Richard M Gergel on 12/22/2011. Associated Cases: 2:11-cv-02958-RMG, 2:11-cv-02779-RMG (erav, ) (Entered: 12/22/2011)

Dec. 22, 2011

Dec. 22, 2011

PACER
66

TEXT ORDER: In light of the grant of preliminary injunctive relief today to plaintiffs and the recent grant of certiorari in Arizona v. United States, the Court would like the parties to respond within 15 days of this Order to whether the Court should stay discovery until the United States Supreme Court rules in the Arizona case. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 12/22/11. Associated Cases: 2:11-cv-02779-RMG, 2:11-cv-02958-RMG(ltap, ) (Entered: 12/22/2011)

Dec. 22, 2011

Dec. 22, 2011

PACER
67

REPLY by United States of America to (66 in 2:11-cv-02958-RMG, 66 in 2:11-cv-02958-RMG, 124 in 2:11-cv-02779-RMG, 124 in 2:11-cv-02779-RMG) Order, Set Deadlines,,,,. Associated Cases: 2:11-cv-02958-RMG, 2:11-cv-02779-RMG(Nettles, William) (Entered: 01/06/2012)

Jan. 6, 2012

Jan. 6, 2012

PACER
68

ORDER STAYING CASE. Signed by Honorable Richard M Gergel on 1/9/2012. Associated Cases: 2:11-cv-02958-RMG, 2:11-cv-02779-RMG(sshe, ) (Entered: 01/09/2012)

Jan. 9, 2012

Jan. 9, 2012

PACER
69

NOTICE OF INTERLOCUTORY APPEAL re 64 Order on Motion for Preliminary Injunction,,, - Filing fee $ 455, receipt number 0420-3840952. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Smith, James) Modified docket text event description on 1/19/2012 (sshe, ). (Entered: 01/18/2012)

Jan. 18, 2012

Jan. 18, 2012

PACER
70

Transmittal Sheet for Notice of Appeal to USCA re 69 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (sshe, ) (Entered: 01/19/2012)

Jan. 19, 2012

Jan. 19, 2012

PACER
72

ORDER of USCA consolidating Case No. 12-1096 and 12-1099 as to (69 in 2:11-cv-02958-RMG) Notice of Appeal No. 12-1096(L), filed by South Carolina, State of, Nikki R Haley, (127 in 2:11-cv-02779-RMG) Notice of Appeal No. 12-1099, filed by Nikki Haley, Alan Wilson (sshe, ) (Entered: 01/25/2012)

Jan. 25, 2012

Jan. 25, 2012

PACER
73

NOTICE OF INTERLOCUTORY APPEAL as to 13 Order on Motion to Intervene, 28 Order on Motion for Reconsideration by Marie Assa'ad-Faltas. The Docketing Statement form, Transcript Order form, and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov. No fee paid. (sshe, ) (Entered: 02/21/2012)

Feb. 17, 2012

Feb. 17, 2012

PACER
74

MOTION for Leave to Proceed in forma pauperis on Appeal (Restricted Access) by Marie Assa'ad-Faltas. (sshe, ) (Entered: 02/21/2012)

Feb. 17, 2012

Feb. 17, 2012

PACER
75

MOTION TO APPEAL IN FORMA PAUPERIS TRANSFERRED TO CIRCUIT COURT re 73 Notice of Interlocutory Appeal (sshe, ) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

PACER
76

Transmittal Sheet for Notice of Appeal to USCA re 73 Notice of Interlocutory Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (sshe, ) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

PACER
77

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of motions hearing for date of 12-19-11, before Judge Richard M. Gergel, re (69 in 2:11-cv-02958-RMG) Notice of Appeal, (73 in 2:11-cv-02958-RMG) Notice of Interlocutory Appeal, (127 in 2:11-cv-02779-RMG) Notice of Appeal, Court Reporter/Transcriber Debra Potocki, Telephone number/e-mail 843-723-2208/potockidebra@bellsouth.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Does this satisfy all appellate orders for this reporter? Y Redaction Request due 3/13/2012. Redacted Transcript Deadline set for 3/23/2012. Release of Transcript Restriction set for 5/21/2012. (dpotocki, ) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

PACER
79

ASSEMBLED INITIAL ELECTRONIC RECORD TRANSMITTED TO FOURTH CIRCUIT COURT OF APPEALS re 73 Notice of Interlocutory Appeal, Electronic record successfully transmitted. (sshe, ) (Entered: 02/22/2012)

Feb. 22, 2012

Feb. 22, 2012

PACER
81

ORDER of USCA as to (73 in 2:11-cv-02958-RMG) Notice of Interlocutory Appeal, filed by Marie Assa'ad-Faltas. 4CCA consolidates No 12-1243 (re 2:11-cv-02779-RMG) with No 12-1233(L), lead case no. (sshe, ) (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

PACER
82

Letter from Ken Sugarman. Associated Cases: 2:11-cv-02779-RMG, 2:11-cv-02958-RMG(Dunn, Susan) (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

PACER
83

MOTION Timely Rule 60(b) Motion to Reverse Denial of Intervention and Reopen for the Creation of a Factual Record re 13 Order on Motion to Intervene, 28 Order on Motion for Reconsideration, 56 Order on Motion for Miscellaneous Relief, by Marie Assa'ad-Faltas. Response to Motion due by 7/12/2012 No proposed order(sshe, ) (Entered: 06/27/2012)

June 25, 2012

June 25, 2012

PACER
84

TEXT ORDER The Court has reviewed the Motion Pursuant to Rule 60(b) (Dkt. No. 83 ). The motion is hereby DENIED. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 6/27/2012.(sshe, ) (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

PACER
85

***DOCUMENT MAILED 84 Order on Motion for Miscellaneous Relief placed in U.S. Mail to Dr Marie Assa'ad-Faltas (sshe, ) (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

PACER
86

NOTICE of Hearing: Telephone Status Conference set for 7/9/2012 at 10:00 AM before Honorable Richard M Gergel. Attorneys are to initiate conference call and then call into chambers or provide chambers a number to call into for the conference. Court staff needed.Associated Cases: 2:11-cv-02779-RMG, 2:11-cv-02958-RMG(ltap, ) (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

PACER
87

ORDER re (137 in 2:11-cv-02779-RMG) Notice of Hearing status conference 7/9/2012. Details set forth in Order Signed by Honorable Richard M Gergel on 6/28/2012. Associated Cases: 2:11-cv-02958-RMG, 2:11-cv-02779-RMG(sshe, ) (Entered: 06/28/2012)

June 28, 2012

June 28, 2012

PACER
88

NOTICE OF INTERLOCUTORY APPEAL as to 84 Order on Motion for Miscellaneous Relief by Marie Assa'ad-Faltas. The Docketing Statement form, Transcript Order form, and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov. No fee paid. (sshe, ) (Entered: 07/02/2012)

July 2, 2012

July 2, 2012

PACER
89

Transmittal Sheet for Notice of Appeal to USCA re 88 Notice of Interlocutory Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (sshe, ) (Entered: 07/02/2012)

July 2, 2012

July 2, 2012

PACER
90

Amended Transmittal Sheet for Notice of Appeal to USCA re 88 Notice of Interlocutory Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (sshe, ) (Entered: 07/03/2012)

July 3, 2012

July 3, 2012

PACER
91

STATUS REPORT filed in Court of Appeals by United States of America. (Attachments: # 1 Main Document Status Report)(Bowens, Barbara) (Entered: 07/05/2012)

1 Main Document Status Report

View on PACER

July 5, 2012

July 5, 2012

PACER
92

ORDER In light of the Court's Order herein, Plaintiffs in Civil Action No. 2:11-2779 are directed, pursuant to FRCP 62.1(b), to advise the Clerk of the Fourth Circuit of the District Court's decision in this matter. Signed by Honorable Richard M Gergel on 7/9/2012. Associated Cases: 2:11-cv-02779-RMG, 2:11-cv-02958-RMG(sshe, ) (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

PACER
93

TEXT ORDER: The parties have moved before the Court for a continuation of the stay previously entered while the appeal is pending before the Fourth Circuit. The motion is granted and the case is stayed until further order of the Court. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 7/9/12. Associated Cases: 2:11-cv-02958-RMG, 2:11-cv-02779-RMG(ltap, ) (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

PACER
94

TEXT ORDER: Pursuant to Section 17(E) of Act 69, the Chief of the South Carolina Law Enforcement Division is directed to negotiate a memorandum of agreement with United States Immigration and Customs Enforcement pursuant to Section 287(g) of the Immigration and Nationality Act "as soon as possible after the effective date of the Act." The State Defendants are directed to file a report with the Court within 10 days of this Order regarding all negotiations or planned negotiations in which the Chief of SLED or his designees have had with the federal immigration authorities and copy of any 287(g) agreement which may have been reached. The State Defendants are further directed to supplement this filing in the future should there be subsequent developments in this area. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 7/9/12. Associated Cases: 2:11-cv-02958-RMG, 2:11-cv-02779-RMG(ltap, ) (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

PACER
95

Minute Entry. Proceedings held before Honorable Richard M Gergel: Telephone Conference held on 7/9/2012. Court to issue order. Court Reporter Virginia Druce, CS. (erav, ) (Entered: 07/10/2012)

July 9, 2012

July 9, 2012

PACER
97

STATUS REPORT Report pursuant to text order of July 9, 2012 by Nikki Haley, Alan Wilson, Nikki R Haley, South Carolina, State of. Associated Cases: 2:11-cv-02958-RMG, 2:11-cv-02779-RMG(Smith, James) (Entered: 07/18/2012)

July 18, 2012

July 18, 2012

PACER
98

ORDER of USCA as to (69 in 2:11-cv-02958-RMG) Notice of Appeal, filed by South Carolina, State of, Nikki R Haley, (127 in 2:11-cv-02779-RMG) Notice of Appeal, filed by Nikki Haley, Alan Wilson. The Court remands the case to the district court to afford that court an opportunity to reexamine its opinion in light of the decision of the US Supreme Court in Arizona v. United States,____ U.S. ____, 132 S. Ct. 2492. Details in order. (jbry, ) (Entered: 08/16/2012)

Aug. 16, 2012

Aug. 16, 2012

PACER
100

ORDER and NOTICE of Hearing: Oral Argument set for 11/30/2012 10:00 AM in Charleston Courtroom TBD, U. S. Court House, Meeting St at Broad, Charleston before Honorable Richard M Gergel. Other details and deadlines set forth in Order. Associated Cases: 2:11-cv-02958-RMG, 2:11-cv-02779-RMG(sshe, ) (Entered: 08/17/2012)

Aug. 17, 2012

Aug. 17, 2012

PACER
101

MOTION to Amend/Correct (146 in 2:11-cv-02779-RMG) Notice of Hearing, Motion to Amend Scheduling Order by Nikki Haley, Alan Wilson, Nikki R Haley, South Carolina, State of. Response to Motion due by 9/10/2012. No proposed order.Associated Cases: 2:11-cv-02958-RMG, 2:11-cv-02779-RMG(Smith, James) (Entered: 08/22/2012)

Aug. 22, 2012

Aug. 22, 2012

PACER
102

ORDER and Notice of Rescheduled Hearing granting in part (101 in 2:11-cv-02958-RMG, 147 in 2:11-cv-02779-RMG) MOTION to Amend/Correct Motion to Amend Scheduling Order (146 in 2:11-cv-02779-RMG) Order and Notice of Hearing: Oral Argument rescheduled/set for 11/13/2012 10:00 AM in Charleston Courtroom, U. S. Court House, Meeting St at Broad, Charleston before Honorable Richard M Gergel. Revised deadlines and details set forth in Order Signed by Honorable Richard M Gergel on 8/22/2012. Associated Cases: 2:11-cv-02958-RMG, 2:11-cv-02779-RMG(sshe, ) (Entered: 08/22/2012)

Aug. 22, 2012

Aug. 22, 2012

PACER
103

USCA OPINION for 4CCA No 12-1233(L) and 12-1243 (73 in 2:11-cv-02958-RMG) Notice of Interlocutory Appeal, filed by Marie Assa'ad-Faltas, (88 in 2:11-cv-02958-RMG) Notice of Interlocutory Appeal, filed by Marie Assa'ad-Faltas. Appeal Dismissed. (sshe, ) (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

PACER
105

REPLY by Nikki Haley, Alan Wilson, Nikki R Haley, South Carolina, State of to (146 in 2:11-cv-02779-RMG) Notice of Hearing, (148 in 2:11-cv-02779-RMG) Order Setting Hearing on Motion,, Memorandum of Defendants on Limited Remand. (Attachments: # 1 Exhibit Copy of Valle del Sol decision)Associated Cases: 2:11-cv-02958-RMG, 2:11-cv-02779-RMG(Smith, James) (Entered: 09/11/2012)

Sept. 11, 2012

Sept. 11, 2012

PACER
106

REPLY by Lowcountry Immigration Coalition Memo on Supplemental Authority Pursuant to Limited Remand. Associated Cases: 2:11-cv-02779-RMG, 2:11-cv-02958-RMG(Dunn, Susan) Modified on 9/12/2012 to correct filer(s) listed on document per filing user(sshe, ). (Entered: 09/11/2012)

Sept. 11, 2012

Sept. 11, 2012

PACER
107

SUPPLEMENT by United States of America to 100 Notice of Hearing, 102 Order Setting Hearing on Motion,, in Support of Motion for Preliminary Injunction. (Attachments: # 1 Press Release, dated December 15, 2011)(Nettles, William) Modified on 10/1/2012 to reference filing of 109 Supplement, "Errata" re supplemental memorandum by United States of America(sshe, ). (Entered: 09/11/2012)

1 Press Release, dated December 15, 2011

View on PACER

Sept. 11, 2012

Sept. 11, 2012

PACER
109

SUPPLEMENT by United States of America to 107 Supplement . (Nettles, William) (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

RECAP
110

REPLY by Nikki Haley, Alan Wilson, Nikki R Haley, South Carolina, State of to (106 in 2:11-cv-02958-RMG, 152 in 2:11-cv-02779-RMG) Reply, (146 in 2:11-cv-02779-RMG, 100 in 2:11-cv-02958-RMG) Notice of Hearing, (109 in 2:11-cv-02958-RMG) Supplement, (107 in 2:11-cv-02958-RMG) Supplement, (148 in 2:11-cv-02779-RMG, 102 in 2:11-cv-02958-RMG) Order Setting Hearing on Motion,, Response to Memoranda of Plaintiffs on Limited Remand. Associated Cases: 2:11-cv-02958-RMG, 2:11-cv-02779-RMG(Smith, James) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

PACER
111

REPLY by United States of America to 105 Reply, Response by United States of America to Memorandum of Defendants on Limited Remand. (Nettles, William) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

RECAP
112

ASSEMBLED SUPPLEMENTAL ELECTRONIC RECORD TRANSMITTED TO FOURTH CIRCUIT COURT OF APPEALS re 73 Notice of Interlocutory Appeal, 88 Notice of Interlocutory Appeal, Electronic record successfully transmitted. (sshe, ) (Entered: 10/24/2012)

Oct. 24, 2012

Oct. 24, 2012

PACER
113

REPLY by Nikki Haley, Alan Wilson, Nikki R Haley, South Carolina, State of to (144 in 2:11-cv-02779-RMG, 98 in 2:11-cv-02958-RMG) USCA Order, (111 in 2:11-cv-02958-RMG) Reply, (106 in 2:11-cv-02958-RMG, 152 in 2:11-cv-02779-RMG) Reply, (146 in 2:11-cv-02779-RMG, 100 in 2:11-cv-02958-RMG) Notice of Hearing, (151 in 2:11-cv-02779-RMG, 105 in 2:11-cv-02958-RMG) Reply, (109 in 2:11-cv-02958-RMG) Supplement, (107 in 2:11-cv-02958-RMG) Supplement, (154 in 2:11-cv-02779-RMG) Reply, (110 in 2:11-cv-02958-RMG, 153 in 2:11-cv-02779-RMG) Reply,, (148 in 2:11-cv-02779-RMG, 102 in 2:11-cv-02958-RMG) Order Setting Hearing on Motion,, Reply to Responses of Plaintiffs. Associated Cases: 2:11-cv-02958-RMG, 2:11-cv-02779-RMG(Smith, James) (Entered: 10/24/2012)

Oct. 24, 2012

Oct. 24, 2012

PACER
117

Minute Entry. Proceedings held before Honorable Richard M Gergel: Oral Argument Hearing held on 11/13/2012. Court to issue an order. Court Reporter Amy Diaz. (erav, ) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

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. 31, 2011

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The United States

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The State of South Carolina, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

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

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

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

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2015 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Disparate Treatment

Over/Unlawful Detention

Placement in detention facilities

Racial profiling

Discrimination-basis:

Immigration status

National origin discrimination

Immigration/Border:

Border police

Undocumented immigrants - state and local regulation

National Origin/Ethnicity:

Hispanic