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

Clearinghouse coding complete

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)…

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.

Summary Authors

Julie Aust (2/18/2017)

Jamie Kessler (1/7/2018)

Virginia Weeks (4/24/2017)

Taylor Brook (3/21/2018)

Evan Gamza (5/21/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4576141/parties/people-of-the-united-states-of-america-v-trump/


Judge(s)

Donato, James (California)

Attorneys(s) for Plaintiff

Shalaby, Andrew W. (California)

Attorneys(s) for Defendant

Readler, Chad Andrew (District of Columbia)

Robinson, Stuart Justin (California)

Tyler, John Russell (District of Columbia)

Judge(s)

Donato, James (California)

Attorneys(s) for Plaintiff

Shalaby, Andrew W. (California)

Attorneys(s) for Defendant

Readler, Chad Andrew (District of Columbia)

Robinson, Stuart Justin (California)

Tyler, John Russell (District of Columbia)

Documents in the Clearinghouse

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

Resources

Title Description External URL Date / External URL

Presidential Executive Order 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 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: 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/...

Memorandum to the Acting Secretary of State, the Acting Attorney General, and the Secretary of Homeland Security

Donald F. McGahn II, Counsel to the President

This memo states that the Executive Order on refugees etc. does not apply to Legal Permanent Residents. Feb. 1, 2017

Feb. 1, 2017

http://www.politico.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4576141/people-of-the-united-states-of-america-v-trump/

Last updated June 1, 2022, 3:04 a.m.

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
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.

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2 Signature Page (Declarations/Stipulations) Blumenfeld, B.

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3 Signature Page (Declarations/Stipulations) Chen, v.

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4 Signature Page (Declarations/Stipulations) Dimario, J.

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5 Signature Page (Declarations/Stipulations) Duran, G.

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6 Signature Page (Declarations/Stipulations) Frank, M.

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7 Signature Page (Declarations/Stipulations) Friedman, L.

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8 Signature Page (Declarations/Stipulations) Gansel, S.

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9 Signature Page (Declarations/Stipulations) Girmsheid, L.

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10 Signature Page (Declarations/Stipulations) Gonzalez-Shalaby, C.

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11 Signature Page (Declarations/Stipulations) Hazelwood, P.

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12 Signature Page (Declarations/Stipulations) Juntilla, M.

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13 Signature Page (Declarations/Stipulations) Lai, S.

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14 Signature Page (Declarations/Stipulations) Lazzarechi, G.

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15 Signature Page (Declarations/Stipulations) Lipscomb, L.

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16 Signature Page (Declarations/Stipulations) McClure, R.

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17 Signature Page (Declarations/Stipulations) McPherson, L.

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18 Signature Page (Declarations/Stipulations) Moss, E.

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19 Signature Page (Declarations/Stipulations) Roake, C.

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20 Signature Page (Declarations/Stipulations) Ross, D.

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21 Signature Page (Declarations/Stipulations) Shalaby, J.

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22 Signature Page (Declarations/Stipulations) Tarbet, S.

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23 Signature Page (Declarations/Stipulations) Todd, D.

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24 Signature Page (Declarations/Stipulations) Tsain, C.

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25 Signature Page (Declarations/Stipulations) Wang, L.

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26 Signature Page (Declarations/Stipulations) Yuan, P.

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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
20

Request for Judicial Notice

1 Signature Page (Declarations/Stipulations) Choi, J

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2 Signature Page (Declarations/Stipulations) Fagan, J

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3 Signature Page (Declarations/Stipulations) Irvine, B

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4 Signature Page (Declarations/Stipulations) Kasson, C

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5 Signature Page (Declarations/Stipulations) Lai, K

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6 Signature Page (Declarations/Stipulations) Lai, A

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7 Signature Page (Declarations/Stipulations) Posz, T

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8 Signature Page (Declarations/Stipulations) Sacks, M

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Feb. 19, 2017

Feb. 19, 2017

PACER
21

Amended Complaint

March 10, 2017

March 10, 2017

PACER
22

Motion to Dismiss

1 Proposed Order

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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
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
29

Order on Motion to Dismiss

Dec. 7, 2017

Dec. 7, 2017

RECAP
30

Judgment

Dec. 7, 2017

Dec. 7, 2017

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Key Dates

Filing Date: Jan. 28, 2017

Closing Date: Dec. 7, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Attorney Andrew Shelby filing on behalf of "the people of the United States of America"

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex Parte Young (Federal) or Bivens

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Religious programs / policies

Terrorism/Post 9-11 issues

Discrimination-basis:

National origin discrimination

Religion discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Status/Classification

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern