Case: United States v. Utah

2:11-cv-01072 | U.S. District Court for the District of Utah

Filed Date: Nov. 22, 2011

Closed Date: Sept. 15, 2015

Clearinghouse coding complete

Case Summary

The Department of Justice filed this suit against the State of Utah on November 22, 2011, in the U.S. District Court for the District of Utah, Central Division, challenging Utah's recently passed immigration bill, HB 497. It claimed that Sections 3, 10 and 11 of the law were preempted under the Supremacy Clause as an intrusion into the exclusively federal sphere of immigration, and preempted specifically by the Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq., and sought declaratory and injunctive relief.

This case was immediately consolidated on November 28, 2011 with a challenge brought earlier in the month by private plaintiffs, Utah Coalition of La Raza v. Herbert [IM-UT-0002]. See the entry on that case for all subsequent developments.

Summary Authors

Christopher Schad (6/21/2012)

Emma Himes (11/7/2019)

Related Cases

Utah Coalition of La Raza v. Herbert, District of Utah (2011)

People


Judge(s)

Waddoups, Clark (Utah)

Attorneys(s) for Plaintiff

Barlow, David Bruce (Utah)

Chilakamarri, Varu (District of Columbia)

Goldberg, Arthur Robert (District of Columbia)

Price, Daniel D. (Utah)

West, Tony (District of Columbia)

Wilkenfeld, Joshua (District of Columbia)

Judge(s)

Waddoups, Clark (Utah)

Attorneys(s) for Plaintiff

Barlow, David Bruce (Utah)

Chilakamarri, Varu (District of Columbia)

Goldberg, Arthur Robert (District of Columbia)

Price, Daniel D. (Utah)

West, Tony (District of Columbia)

Wilkenfeld, Joshua (District of Columbia)

Documents in the Clearinghouse

Document

2:11-cv-01072

Docket (PACER)

Nov. 28, 2011

Nov. 28, 2011

Docket
2

2:11-cv-01072

Complaint

Nov. 22, 2011

Nov. 22, 2011

Complaint
11

2:11-cv-01072

2:11-cv-00401

Order [Consolidating the Case with Utah Coalition of La Raza v. Herbert]

Utah Coalition of La Raza v. Herbert

Nov. 28, 2011

Nov. 28, 2011

Order/Opinion

Resources

Docket

Last updated Aug. 4, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

Case has been indexed and assigned to Magistrate Judge Samuel Alba. Plaintiff USA is directed to E−File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) by the end of the business day. Filing Fee waived (USA)NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (jds) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

2

COMPLAINT against Gary R. Herbert, State of Utah No Filing Fee, filed by USA. (Attachments: # 1 Civil Cover Sheet) Assigned to Magistrate Judge Samuel Alba (Price, Daniel) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

3

NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Arthur R. Goldberg, Joshus Wilkenfeld, Varu Chilakamarri, for Plaintiff USA (jds) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

4

NOTICE OF FILING of Motion filed by Plaintiff USA. (Attachments: # 1 Exhibit 1 − Motion to Transfer)(Price, Daniel) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

5

MOTION for Admission Pro Hac Vice of Joshua Wilkenfeld (no registration fee required) filed by Plaintiff USA. (Attachments: # 1 Exhibit A − Application for Admission, # 2 Exhibit B − ECF Registration Form, # 3 Text of Proposed Order)(Price, Daniel) (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

6

MOTION for Admission Pro Hac Vice of Varu Chilakamarri (no registration fee required) filed by Plaintiff USA. (Attachments: # 1 Exhibit A − Application for Admission, # 2 Exhibit B − ECF Registration Form, # 3 Text of Proposed Order)(Price, Daniel) (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

7

MOTION for Admission Pro Hac Vice of Arthur R. Goldberg (no registration fee required) filed by Plaintiff USA. (Attachments: # 1 Exhibit A − Application for Admission, # 2 Exhibit B − ECF Registration Form, # 3 Text of Proposed Order)(Price, Daniel) (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

8

**RESTRICTED DOCUMENT** Summons Issued Electronically as to Gary R. Herbert.Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (jds) (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

9

**RESTRICTED DOCUMENT** Summons Issued Electronically as to State of Utah.Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (jds) (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

10

ORDER granting 5 6 and 7 Motion for Admission Pro Hac Vice of Arthur R. Goldberg,Varu Chilakamarri,Joshua Wilkenfeld for USA. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov . Signed by Magistrate Judge Samuel Alba on 11/28/11. (alp) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

11

ORDER−IT IS ORDERED that the United States case shall be transferred to the undersigned for all further proceedings and consolidated with Case No. 2:11−cv−401. Signed by Judge Clark Waddoups on 11/28/11. (jmr) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

Case Details

State / Territory: Utah

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 22, 2011

Closing Date: Sept. 15, 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 Utah, 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)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Immigration/Border:

Undocumented immigrants - state and local regulation