Case: "People of the U.S. and State of California" v. Trump

3:17-cv-00451 | U.S. District Court for the Northern District of California

Filed Date: Jan. 28, 2017

Closed Date: Dec. 7, 2017

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Case Summary

On January 28, 2017, a lawyer filed this action in the U.S. District Court for the Northern District of California. Proceeding under California "Private Attorney General" statutes, the action purported to be by the "People of the United States of America and the State of California" "for the protection of all persons in the United States in their civil rights and for their vindication pursuant to 42 U.S.C. § 1988." The lawsuit challenged President Trump’s January 27, 2017 Executive Order (EO-1) banning nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen from entering the United States. The complaint contended that EO-1 violated the separation of powers doctrine without statutory exception and that it violated the First Amendment Establishment Clause. The complaint additionally alleged that §217(a)(12) of the Immigration and Nationality Act (INA), referenced by the Order, "[did] not appear to exist." The case was filed as a civil complaint and sought to immediately enjoin the implementation of EO-1 "until its validity and constitutionality [were] adjudicated." On January 30, the case was assigned to District Judge James Donato.

Several procedural updates occurred next. On January 31, the plaintiff moved for leave to proceed in forma pauperis (IFP). On February 1, Judge Donato dismissed the complaint for failing to establish that the court has subject matter jurisdiction over the case and subsequently denied the IFP as moot. Judge Donato's order gave the plaintiff an opportunity to amend the complaint by February 15. On February 4, the plaintiff filed an ex parte motion for reconsideration, which the court denied two days later. On February 13, the plaintiff filed a motion to extend the deadline for reconsideration until March 10 in order to file an amended complaint in the event that President Trump re-drafted the ban. The court granted this motion on February 14, noting that no further extensions would be granted and reminding the filing attorney that any amended complaint must conform to the Court's dismissal order.

The plaintiff filed statements of support for the repeal and recession of EO-1 from seven of the individuals represented in the lawsuit on February 19.

On March 6, 2017, the President rescinded EO-1 and replaced it with a narrower one, Executive Order 13780 (EO-2).

The plaintiff responded on March 10 with an amended complaint. In it, the plaintiff noted that President Trump did a "commendable job" in revising the ban. The plaintiff narrowed his challenge to just §3 of the revised order.

On April 4, the defendants filed a motion to dismiss. On May 1, the court concluded that the defendants’ motion to dismiss could be decided without oral arguments and vacated a hearing that had been set for May 11. On December 7, Judge Donato granted the defendants’ motion to dismiss with prejudice citing the plaintiff’s lack of standing. The case is now closed.

	Document
3:17-cv-00451	Docket [PACER] People of the United States of America and the State of California v. Trump	Dec. 7, 2017	Dec. 7, 2017 Docket
1 3:17-cv-00451	Complaint for Injunction and Repeal of Presidential Executive Order Dated January 27, 2017 Suspending Visas and Immigration Benefits Without Congressional Approval People of the United States of America and the State of California v. Trump	Jan. 28, 2017	Jan. 28, 2017 Complaint
11 3:17-cv-00451	Order Dismissing Complaint People of the United States of America and the State of California v. Trump	Feb. 1, 2017	Feb. 1, 2017 Order/Opinion
21 3:17-cv-00451	First Amended Complaint for Injunction and Repeal of Unconstitutional Segments of the Presidential Executive Order Dated March 6, 2017 Suspending Entry of Target Persons into the United States People of the United States of America and the State of California v. Trump	March 10, 2017	March 10, 2017 Complaint
12 3:17-cv-00451	Notice of Motion and Motion to Dismiss and Memorandum in Support People of the United States of America and the State of California v. Trump	April 3, 2017	April 3, 2017 Pleading / Motion / Brief
26 3:17-cv-00451	Opposition to Motion to Dismiss People of the United States of America and the State of California v. Trump	April 17, 2017	April 17, 2017 Pleading / Motion / Brief
27 3:17-cv-00451	Defendants' Reply in Support of Motion to Dismiss People of the United States of America v. Trump	April 24, 2017	April 24, 2017 Pleading / Motion / Brief
29 3:17-cv-00451	Order of Dismissal with Prejudice People of the United States of America v. Trump	Dec. 7, 2017	Dec. 7, 2017 Order/Opinion

Title	Description		External URL Date / External URL
Presidential Executive Order (13815) on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities United States	Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities	Oct. 24, 2017	Oct. 24, 2017 https://www.federalregister.gov/...
Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats President Donald Trump		Sept. 24, 2017	Sept. 24, 2017 https://www.federalregister.gov/...
Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence Donald Trump	This memorandum provides guidance for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence in light of two preliminary injunctio…	June 14, 2017	June 14, 2017 https://trumpwhitehouse.archives.gov/...
Executive Order 13780: Protecting The Nation From Foreign Terrorist Entry Into The United States President Donald Trump	In light of the Ninth Circuit's observation that the political branches are better suited to determine the appropriate scope of any suspensions than are the courts, and in order to avoid spending add…	March 6, 2017	March 6, 2017 https://www.federalregister.gov/...
Executive Order 13769: Protecting the Nation from Foreign Terrorist Entry into the United States President Donald Trump	This Executive Order restricted travel, immigration, and visas for people from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen, and put the U.S. refugee program on hold for 120 days.	Jan. 27, 2017	Jan. 27, 2017 https://www.gpo.gov/...

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Donald J. Trump, United States of America. Filed byPeople of the United States of America and the State of California. (Attachments: # (1) Exhibit A)(Shalaby, Andrew) (Filed on 1/28/2017) 1 Exhibit A View on PACER	Jan. 28, 2017	Jan. 28, 2017 RECAP
2	Civil Cover Sheet by People of the United States of America and the State of California . (Shalaby, Andrew) (Filed on 1/28/2017)	Jan. 28, 2017	Jan. 28, 2017 RECAP
	Electronic Filing Error	Jan. 30, 2017	Jan. 30, 2017 PACER
3	*FILED IN ERROR PLEASE DISREGARD AND SEE DOCUMENT NO. 4 PER PHONE CONVERSATION WITH THE ATTORNEY THE DOCUMENTS WILL BE FILED UNDER THE CORRECT EVENT**** Ex Parte Application re [1] Complaint for waiver of filing fees and costs filed by People of the United States of America and the State of California. (Shalaby, Andrew) (Filed on 1/30/2017) Modified on 1/30/2017 (sv, COURT STAFF).	Jan. 30, 2017	Jan. 30, 2017 RECAP
4	MOTION for Leave to Appeal in forma pauperis filed by People of the United States of America and the State of California. (Shalaby, Andrew) (Filed on 1/30/2017)	Jan. 30, 2017	Jan. 30, 2017 PACER
5	Case assigned to Hon. James Donato. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (cjlS, COURT STAFF) (Filed on 1/30/2017)	Jan. 30, 2017	Jan. 30, 2017 PACER
6	Initial Case Management Scheduling Order with ADR Deadlines: This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras Case Management Statement due by 4/27/2017. Case Management Conference set for 5/4/2017 10:00 AM. (Attachments: # (1) Notice of Eligibility for Video Recording)(hdjS, COURT STAFF) (Filed on 1/30/2017) 1 Notice of Eligibility for Video Recording View on PACER	Jan. 30, 2017	Jan. 30, 2017 PACER
	Electronic Filing Error	Jan. 31, 2017	Jan. 31, 2017 PACER
7	Proposed Summons. (Shalaby, Andrew) (Filed on 1/31/2017)	Jan. 31, 2017	Jan. 31, 2017 PACER
8	MOTION for Leave to Proceed in forma pauperis filed by People of the United States of America, State of California. (Shalaby, Andrew) (Filed on 1/31/2017)	Jan. 31, 2017	Jan. 31, 2017 PACER
9	FEE PAID (Filing fee$400,receipt number 0971-11122555). (Shalaby, Andrew) (Filed on 2/1/2017)	Feb. 1, 2017	Feb. 1, 2017 PACER
10	Summons Issued as to Donald J. Trump, U.S. Attorney General (hdjS, COURT STAFF) (Filed on 2/1/2017)	Feb. 1, 2017	Feb. 1, 2017 PACER
11	ORDER DISMISSING COMPLAINT. Signed by Judge James Donato on 2/1/2017. (jdlc2S, COURT STAFF) (Filed on 2/1/2017)	Feb. 1, 2017	Feb. 1, 2017 RECAP
12	Ex Parte MOTION for Reconsideration re [11] Order, Terminate Motions filed by People of the United States of America, State of California. (Attachments: # (1) Exhibit A)(Shalaby, Andrew) (Filed on 2/4/2017) 1 Exhibit A View on PACER	Feb. 4, 2017	Feb. 4, 2017 PACER
13	Order denying [12] Motion for Reconsideration entered by Hon. James Donato. Leave to file a motion for reconsideration is denied. Plaintiff has not met the standards required under Civil Local Rule 7-9. The recent TRO issued in State of Washington et al. v. Trump, Case No. C17-0141JLR (W.D. Wash. Feb. 3, 2017) is inapposite. The plaintiffs there are specific states found to be threatened with concrete injuries. That is not the situation in this action. (This is a text-only entry generated by the court. There is no document associated with this entry.)	Feb. 6, 2017	Feb. 6, 2017 PACER
	Order on Motion for Reconsideration	Feb. 6, 2017	Feb. 6, 2017 PACER
14	Summons Returned Executed as to USA	Feb. 10, 2017	Feb. 10, 2017 PACER
15	Summons Returned Executed	Feb. 10, 2017	Feb. 10, 2017 PACER
16	Request for Judicial Notice 1 Signature Page (Declarations/Stipulations) Andermann, T. View on PACER 2 Signature Page (Declarations/Stipulations) Blumenfeld, B. View on PACER 3 Signature Page (Declarations/Stipulations) Chen, v. View on PACER 4 Signature Page (Declarations/Stipulations) Dimario, J. View on PACER 5 Signature Page (Declarations/Stipulations) Duran, G. View on PACER 6 Signature Page (Declarations/Stipulations) Frank, M. View on PACER 7 Signature Page (Declarations/Stipulations) Friedman, L. View on PACER 8 Signature Page (Declarations/Stipulations) Gansel, S. View on PACER 9 Signature Page (Declarations/Stipulations) Girmsheid, L. View on PACER 10 Signature Page (Declarations/Stipulations) Gonzalez-Shalaby, C. View on PACER 11 Signature Page (Declarations/Stipulations) Hazelwood, P. View on PACER 12 Signature Page (Declarations/Stipulations) Juntilla, M. View on PACER 13 Signature Page (Declarations/Stipulations) Lai, S. View on PACER 14 Signature Page (Declarations/Stipulations) Lazzarechi, G. View on PACER 15 Signature Page (Declarations/Stipulations) Lipscomb, L. View on PACER 16 Signature Page (Declarations/Stipulations) McClure, R. View on PACER 17 Signature Page (Declarations/Stipulations) McPherson, L. View on PACER 18 Signature Page (Declarations/Stipulations) Moss, E. View on PACER 19 Signature Page (Declarations/Stipulations) Roake, C. View on PACER 20 Signature Page (Declarations/Stipulations) Ross, D. View on PACER 21 Signature Page (Declarations/Stipulations) Shalaby, J. View on PACER 22 Signature Page (Declarations/Stipulations) Tarbet, S. View on PACER 23 Signature Page (Declarations/Stipulations) Todd, D. View on PACER 24 Signature Page (Declarations/Stipulations) Tsain, C. View on PACER 25 Signature Page (Declarations/Stipulations) Wang, L. View on PACER 26 Signature Page (Declarations/Stipulations) Yuan, P. View on PACER	Feb. 10, 2017	Feb. 10, 2017 PACER
17	Motion for Extension of Time to Amend	Feb. 13, 2017	Feb. 13, 2017 PACER
18	Proposed Order	Feb. 13, 2017	Feb. 13, 2017 PACER
19	Order on Motion for Extension of Time to Amend	Feb. 14, 2017	Feb. 14, 2017 PACER
	Order on Motion for Extension of Time to Amend	Feb. 14, 2017	Feb. 14, 2017 PACER
20	Request for Judicial Notice 1 Signature Page (Declarations/Stipulations) Choi, J View on PACER 2 Signature Page (Declarations/Stipulations) Fagan, J View on PACER 3 Signature Page (Declarations/Stipulations) Irvine, B View on PACER 4 Signature Page (Declarations/Stipulations) Kasson, C View on PACER 5 Signature Page (Declarations/Stipulations) Lai, K View on PACER 6 Signature Page (Declarations/Stipulations) Lai, A View on PACER 7 Signature Page (Declarations/Stipulations) Posz, T View on PACER 8 Signature Page (Declarations/Stipulations) Sacks, M View on PACER	Feb. 19, 2017	Feb. 19, 2017 PACER
21	Amended Complaint	March 10, 2017	March 10, 2017 PACER
22	Motion to Dismiss 1 Proposed Order View on PACER	April 3, 2017	April 3, 2017 PACER
23	Notice of Appearance	April 3, 2017	April 3, 2017 PACER
24	Motion to Continue 1 Proposed Order View on PACER	April 6, 2017	April 6, 2017 PACER
25	Order	April 12, 2017	April 12, 2017 PACER
	1 - Terminate Hearings AND ~Util - Terminate Motions AND Order	April 12, 2017	April 12, 2017 PACER
26	Opposition/Response to Motion	April 17, 2017	April 17, 2017 PACER
27	Reply to Opposition/Response	April 24, 2017	April 24, 2017 PACER
28	Order	May 1, 2017	May 1, 2017 PACER
	1 - Terminate Hearings AND Order	May 1, 2017	May 1, 2017 PACER
29	Order on Motion to Dismiss	Dec. 7, 2017	Dec. 7, 2017 RECAP
30	Judgment	Dec. 7, 2017	Dec. 7, 2017 PACER

Case: "People of the U.S. and State of California" v. Trump

3:17-cv-00451 | U.S. District Court for the Northern District of California

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