Case: United States v. South Carolina

United States of America v. State of South Carolina

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

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

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

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)

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

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2 Certificate of Good Standing

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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)

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

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2 Supporting Documents Exhibit 4

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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)

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

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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)

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

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

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)

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

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2 Attachment 1, Declaration of William J. Burns

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3 Attachment 2, Declaration of Lori Scialabba

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4 Attachment 3, Declaration of Daniel H. Ragsdale

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5 Attachment 4, Guidance on Immigration Enforcement

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6 Attachment 5, Civil Immigration Enforcement

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7 Attachment 6, Declaration of William M. Griffen

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8 Attachment 7, Declaration of David V. Aguilar

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9 Attachment 8, Declaration of Leon Lott

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10 Attachment 9, Declaration of Wendell Davis

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11 Attachment 10, Declaration of Dominic Gentile

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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)

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)

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)

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)

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)

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)

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

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2 Return Receipt for The State of South Carolina

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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

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

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

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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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)

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

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2 Certificate of Good Standing

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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

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2 Certificate of Good Standing

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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

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2 Certificate of Good Standing

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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)

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)

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)

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)

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

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2 Certificate of Good Standing

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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)

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)

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)

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

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2 Exhibit AL HB 56

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3 Exhibit US v. ALA DCT

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4 Exhibit Hisp. Int. Coa. DCT

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5 Exhibit US v AL 11th Cir

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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)

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)

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)

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

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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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)

***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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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

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)

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)

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)

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)

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

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)

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)

***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)

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)

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)

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)

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)

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)

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

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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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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

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)

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)

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)

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)

TEXT ORDER: The State Defendants have offered to submit an affidavit from the South Carolina Department of Public Safety regarding its interpretation of Act 69 § 6(D)(4) and whether state or local law enforcement officials can lawfully deliver a person suspected of being unlawfully present in the United States to a federal facility without express federal authorization. (Dkt. No. 113 at 4 n.3). State Defendants are directed to submit the offered affidavit within five days of this order. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 10/29/12. Associated Cases: 2:11-cv-02958-RMG, 2:11-cv-02779-RMG(ltap, ) (Entered: 10/29/2012)