Case: City of Richmond v. Trump

3:17-cv-01535 | U.S. District Court for the Northern District of California

Filed Date: March 21, 2017

Closed Date: Aug. 21, 2017

Clearinghouse coding complete

Case Summary

On Mar. 21, 2017 the city of Richmond, California filed this action seeking declaratory and injunctive relief in the U.S. District Court for the Northern District of California, challenging President Trump’s Jan. 25, 2017 Executive Order 13768, which dealt with immigration enforcement. The Order threatened to withhold federal funds from "sanctuary jurisdictions" and take enforcement action against any locality that impeded the federal government's enforcement of immigration law. Plaintiff, repr…

On Mar. 21, 2017 the city of Richmond, California filed this action seeking declaratory and injunctive relief in the U.S. District Court for the Northern District of California, challenging President Trump’s Jan. 25, 2017 Executive Order 13768, which dealt with immigration enforcement. The Order threatened to withhold federal funds from "sanctuary jurisdictions" and take enforcement action against any locality that impeded the federal government's enforcement of immigration law. Plaintiff, represented by its own counsel and the law firm Cotchett, Pitre & McCarthy, asserted that the U.S. had begun to designate certain cities as "sanctuary jurisdictions" and that Richmond stood to be designated as such, putting it in financial and legal jeopardy.

Specifically, Richmond asked for a declaration that it had complied with 8 U.S.C. § 1373, and that the Executive Order violated the Tenth Amendment and the Due Process Clause of the Fifth Amendment, would require the plaintiff to violate the Fourth Amendment, and violated the Separation of Powers and Spending Clauses. The plaintiff alleged that the Executive Order violated the Separation of Powers and Spending Clauses by usurping Congress' spending power, as well as by imposing new and unrelated conditions on existing funding. The plaintiff also maintained that the Executive Order violated the Tenth Amendment by coercing cities to choose between losing federal funding and losing control of their municipal self-governance. The Executive Order and subsequent administrative Memoranda provide an unconstitutionally vague definition of what it means to be a "sanctuary" jurisdiction, apart from referencing 8 U.S.C. § 1373, which provides that a local government entity cannot prohibit or restrict communication between government entities or officials and federal immigration authorities. The plaintiff alleged its own compliance with § 1373, noting that ICE had not requested information or detainers from the plaintiff.

Since 1990, Richmond had maintained a policy requiring approval of the city manager or police chief before any city employee may inform, cooperate with, or assist Immigration and Customs Enforcement (ICE). The State of California had also enacted legislation restricting the information that local law enforcement could provide to federal immigration enforcement. Due to these local and state policies, Richmond feared being designated as a "sanctuary jurisdiction" under the Executive Order and thus losing federal grants. As a small city with a large Latino immigrant population, Richmond feared the implications of such a loss of key funding for its municipal budget, including for public services that have nothing to do with immigration. Richmond alleged it had already suffered costs since the issuance of the Executive Order, because it was forced to expend resources in planning for the loss of federal funding for critical services, and because immigrant residents were discouraged from contacting the police. Finally, Richmond alleged that the Executive Order would compel the city to detain people who would otherwise be released, thus exposing Richmond to liability for violating the Fourth Amendment.

The case was at first assigned to Magistrate Judge Sallie Kim, but on Mar. 24, 2017, it was reassigned to Judge William H. Orrick after he issued an order relating this case to one already assigned to him, County of Santa Clara v. Trump (IM-CA-0089 in this Clearinghouse).

On Apr. 4, 2017, Richmond filed a motion for preliminary injunction, alleging that it was likely to succeed on the merits of its claims that the Executive Order was unconstitutional and would expose the plaintiff and its critical municipal services to irreparable financial harm. On Apr. 18, 2017, the defendants opposed Richmond's motion for preliminary injunction. The defendants argued that Richmond could not show irreparable harm because no immediate, concrete federal action against plaintiff yet existed. Defendants also argued that plaintiff was unlikely to succeed on the merits because the plaintiff lacked standing and its claim lacked ripeness. The defendants also maintained that the President had broad discretion in the enforcement of immigration law and that no injunction should issue against the president to avoid separation-of-powers concerns. In the alternative, defendants argued that if any preliminary injunction did issue, it should be limited to plaintiff and should not apply nationwide.

On Apr. 25, 2017, Judge Orrick entered a nationwide preliminary injunction suspending operation of the Executive Order at issue in the related San Francisco/Santa Clara litigation. On May 22, Judge Orrick denied Richmond's Apr. 12 motion for preliminary injunction as moot in light of the nationwide injunction. 2017 WL 6945397.

On June 8, 2017 the defendants filed a motion to dismiss. They argued that Richmond lacked standing, that its claim was not ripe, and that it failed to state a claim regarding the Order (which defendants claimed was an internal directive not affecting plaintiff), regarding the AG Memorandum, and regarding its own compliance with § 1373. On June 16, the states of West Virginia, Louisiana, Alabama, Arkansas, Michigan, Nevada, Ohio, Oklahoma, South Carolina, and Texas moved for leave to file an amicus brief in support of defendants' motion to dismiss. On July 6, plaintiff Santa Clara (followed by joinders from San Francisco and Richmond on July 7) moved for leave to file a surreply in opposition to the motion to dismiss. Plaintiffs argued that recent statements by President Trump and Department of Homeland Security officials contradicted assertions in defendants' reply brief.

On July 12, 2017 Judge Orrick held a hearing (in all three related cases) on defendants' motions to dismiss and motion for reconsideration. Although on July 20 he denied defendants' motions regarding Santa Clara and San Francisco, and on Aug. 21 he granted defendants' motion regarding Richmond. In the latter order, Judge Orrick contrasted the other plaintiffs, which the federal government had clearly identified and targeted as sanctuary jurisdictions, with Richmond, which the federal government had apparently not targeted at all. He held that Richmond had established neither pre-enforcement standing (as it had demonstrated no well-founded fear of enforcement against it), nor a viable claim for declaratory relief (as it had demonstrated no actual controversy with the federal government about its compliance with § 1373). 2017 WL 3605216. Judge Orrick noted that if the federal government does target Richmond as a sanctuary jurisdiction in the future, Richmond may then litigate its claims by filing an amended complaint.

On Aug. 25, Judge Orrick found State of California v. Sessions to be a related case. That case also challenges DOJ's immigration-related conditions on law enforcement funding. On Sept. 25, Richmond filed a notice that it would not file an Amended Complaint. It added:

Richmond will accept the Court’s invitation to continue as an amicus curiae in this important case and if Defendants’ position against Richmond changes, Richmond will litigate the issues. . . . Richmond will continue to support its immigrant community and all residents of Richmond.
In the absence of an amended complaint, this case appears to be closed in light of the July 12 dismissal.

Summary Authors

Ava Morgenstern (2/10/2018)

Olivia Wheeling (10/18/2019)

Related Cases

City and County of San Francisco v. Trump, Northern District of California (2017)

County of Santa Clara v. Trump, Northern District of California (2017)

State of California v. Sessions, Northern District of California (2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4620713/parties/city-of-richmond-v-trump/


Judge(s)

Orrick, William Horsley Jr. (California)

Attorneys(s) for Plaintiff

Artiga-Purcell, Jose Camilo (California)

Cotchett, Joseph W. (California)

Danitz, Brian (California)

Fineman, Nancy L. (California)

Goodmiller, Bruce Reed (California)

Sommovilla, Rachel Hanna (California)

Summer, Alexandra P. (California)

Attorneys(s) for Defendant

Readler, Chad Andrew (District of Columbia)

Simpson, W. Scott (District of Columbia)

Judge(s)

Orrick, William Horsley Jr. (California)

Attorneys(s) for Plaintiff

Artiga-Purcell, Jose Camilo (California)

Cotchett, Joseph W. (California)

Danitz, Brian (California)

Fineman, Nancy L. (California)

Goodmiller, Bruce Reed (California)

Sommovilla, Rachel Hanna (California)

Summer, Alexandra P. (California)

Attorneys(s) for Defendant

Readler, Chad Andrew (District of Columbia)

Simpson, W. Scott (District of Columbia)

Stretch, Brian (District of Columbia)

Tyler, John Russell (District of Columbia)

Other Attorney(s)

Ehrlich, Lisa Catherine (California)

Johnson, Thomas Michael Jr. (West Virginia)

Perrin, Robert Ward (California)

Documents in the Clearinghouse

Document

3:17-cv-01535

Docket [PACER]

Sept. 25, 2017

Sept. 25, 2017

Docket
1

3:17-cv-01535

Complaint for Injunctive and Declaratory Relief Concerning Federal Executive Order 13768, for 1. Violation of the Tenth Amendment; 2. Violation of the Separation of Powers and Spending Clauses; 3. Violation of the Fourth Amendment [...]

March 21, 2017

March 21, 2017

Complaint
6

3:17-cv-01535

Related Case Order

March 24, 2017

March 24, 2017

Order/Opinion
12

3:17-cv-01535

City of Richmond's Notice of Motion and Motion for Preliminary Injunction

April 4, 2017

April 4, 2017

Pleading / Motion / Brief
15

3:17-cv-01535

Order Denying Motion to Shorten Time

April 6, 2017

April 6, 2017

Order/Opinion
16

3:17-cv-01535

Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction

April 18, 2017

April 18, 2017

Pleading / Motion / Brief
20

3:17-cv-01535

City of Richmond's Reply in Support of Motion for Preliminary Injunction

April 25, 2017

April 25, 2017

Pleading / Motion / Brief
25

3:17-cv-01535

Order Denying Motion for Preliminary Injunction as Moot

2017 WL 6945397

May 22, 2017

May 22, 2017

Order/Opinion
26

3:17-cv-01535

Defendants' Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities

June 8, 2017

June 8, 2017

Pleading / Motion / Brief
29

3:17-cv-01535

City of Richmond's Opposition to Defendants' Motion to Dismiss

June 22, 2017

June 22, 2017

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4620713/city-of-richmond-v-trump/

Last updated Aug. 6, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-11250869.). Filed byCity of Richmond. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Civil Cover Sheet, # 8 Certificate of Interested Entities or Persons)(Cotchett, Joseph) (Filed on 3/21/2017) (Entered: 03/21/2017)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Civil Cover Sheet

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8 Certificate of Interested Entities or Persons

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March 21, 2017

March 21, 2017

RECAP
2

Proposed Summons. (Cotchett, Joseph) (Filed on 3/21/2017) (Entered: 03/21/2017)

March 21, 2017

March 21, 2017

PACER
4

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/19/2017. Case Management Conference set for 6/26/2017 01:30 PM in Courtroom A, 15th Floor, San Francisco. (ysS, COURT STAFF) (Filed on 3/21/2017) (Entered: 03/22/2017)

March 21, 2017

March 21, 2017

PACER
3

Case assigned to Magistrate Judge Sallie Kim. 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. Consent/Declination due by 4/5/2017. (haS, COURT STAFF) (Filed on 3/22/2017) (Entered: 03/22/2017)

March 22, 2017

March 22, 2017

PACER
5

Summons Issued as to John F. Kelly, Jefferson B. Sessions, Donald J. Trump, United States of America. (ysS, COURT STAFF) (Filed on 3/22/2017) (Entered: 03/22/2017)

March 22, 2017

March 22, 2017

PACER
6

ORDER RELATING CASE. Signed by Judge William H. Orrick on 03/24/2017. (jmdS, COURT STAFF) (Filed on 3/24/2017) (Entered: 03/24/2017)

March 24, 2017

March 24, 2017

PACER
7

Case Reassigned to Judge Hon. William H. Orrick. Magistrate Judge Sallie Kim no longer assigned to the case. 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 (as, COURT STAFF) (Filed on 3/24/2017) (Entered: 03/24/2017)

March 24, 2017

March 24, 2017

PACER
8

CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 5/2/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Case Management Statement due by 4/25/2017. Signed by Judge William H. Orrick on 03/24/2017. (jmdS, COURT STAFF) (Filed on 3/24/2017) (Entered: 03/24/2017)

March 24, 2017

March 24, 2017

PACER
9

CERTIFICATE OF SERVICE by City of Richmond re 2 Proposed Summons, 1 Complaint, Via Certified Mail of Summons, Complaint and Related Documents on President Donald J. Trump, Attorney General Jefferson B. Sessions; Secretary of the United States Homeland Security John F. Kelly and the United States (Fineman, Nancy) (Filed on 3/29/2017) (Entered: 03/29/2017)

March 29, 2017

March 29, 2017

PACER
10

CERTIFICATE OF SERVICE by City of Richmond re 2 Proposed Summons, 1 Complaint, Via Personal Service on the United States of America (Fineman, Nancy) (Filed on 3/29/2017) (Entered: 03/29/2017)

March 29, 2017

March 29, 2017

PACER
11

NOTICE of Appearance by Brian Danitz (Danitz, Brian) (Filed on 4/4/2017) (Entered: 04/04/2017)

April 4, 2017

April 4, 2017

PACER
12

MOTION for Preliminary Injunction filed by City of Richmond. Motion Hearing set for 5/10/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 4/18/2017. Replies due by 4/25/2017. (Attachments: # 1 Declaration OF ALLWYN BROWN IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION, # 2 Exhibit 1 TO DECLARATION OF ALLWYN BROWN IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION, # 3 Exhibit 2 TO DECLARATION OF ALLWYN BROWN IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION, # 4 Declaration OF WILLIAM LINDSAY IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION, # 5 Exhibit 1 TO DECLARATION OF WILLIAM LINDSAY IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION, # 6 Exhibit 2 TO DECLARATION OF WILLIAM LINDSAY IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION, # 7 Declaration OF GAYLE MCLAUGHLIN IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION, # 8 Declaration OF ADRIAN SHEPPARD IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION, # 9 Declaration OF TOM BUTT IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION, # 10 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF CITY OF RICHMONDS MOTION FOR PRELIMINARY INJUNCTION, # 11 Exhibit 1 TO REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF CITY OF RICHMONDS MOTION FOR PRELIMINARY INJUNCTION, # 12 Exhibit 2 TO REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF CITY OF RICHMONDS MOTION FOR PRELIMINARY INJUNCTION, # 13 Exhibit 3 TO REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF CITY OF RICHMONDS MOTION FOR PRELIMINARY INJUNCTION, # 14 Proposed Order GRANTING CITY OF RICHMONDS MOTION FOR PRELIMINARY INJUNCTION, # 15 Certificate/Proof of Service VIA E-MAIL BY AGREEMENT OF PARTIES)(Fineman, Nancy) (Filed on 4/4/2017) (Entered: 04/04/2017)

1 Declaration OF ALLWYN BROWN IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION

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2 Exhibit 1 TO DECLARATION OF ALLWYN BROWN IN SUPPORT OF MOTION FOR PRELIMINARY IN

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3 Exhibit 2 TO DECLARATION OF ALLWYN BROWN IN SUPPORT OF MOTION FOR PRELIMINARY I

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4 Declaration OF WILLIAM LINDSAY IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION

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5 Exhibit 1 TO DECLARATION OF WILLIAM LINDSAY IN SUPPORT OF MOTION FOR PRELIMINARY

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6 Exhibit 2 TO DECLARATION OF WILLIAM LINDSAY IN SUPPORT OF MOTION FOR PRELIMINARY

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7 Declaration OF GAYLE MCLAUGHLIN IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION

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8 Declaration OF ADRIAN SHEPPARD IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION

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9 Declaration OF TOM BUTT IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION

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10 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF CITY OF RICHMONDS MOTION FOR PRELIMIN

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11 Exhibit 1 TO REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF CITY OF RICHMONDS MOTION

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12 Exhibit 2 TO REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF CITY OF RICHMONDS MOTION

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13 Exhibit 3 TO REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF CITY OF RICHMONDS MOTION

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14 Proposed Order GRANTING CITY OF RICHMONDS MOTION FOR PRELIMINARY INJUNCTION

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15 Certificate/Proof of Service VIA E-MAIL BY AGREEMENT OF PARTIES

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April 4, 2017

April 4, 2017

RECAP
13

MOTION to Shorten Time filed by City of Richmond. (Attachments: # 1 Declaration OF BRIAN DANITZ IN SUPPORT OF PLAINTIFF CITY OF RICHMONDS MOTION TO SHORTEN TIME FOR HEARING ON MOTION FOR PRELIMINARY INJUNCTION [Civ. L.R. 6-3], # 2 Proposed Order GRANTING PLAINTIFF CITY OF RICHMONDS MOTION TO SHORTEN TIME FOR HEARING ON MOTION FOR PRELIMINARY INJUNCTION [Civ. L.R. 6-3], # 3 Certificate/Proof of Service VIA E-MAIL BY AGREEMENT OF PARTIES)(Danitz, Brian) (Filed on 4/5/2017) (Entered: 04/05/2017)

1 Declaration OF BRIAN DANITZ IN SUPPORT OF PLAINTIFF CITY OF RICHMONDS MOTION TO

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2 Proposed Order GRANTING PLAINTIFF CITY OF RICHMONDS MOTION TO SHORTEN TIME FOR H

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3 Certificate/Proof of Service VIA E-MAIL BY AGREEMENT OF PARTIES

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April 5, 2017

April 5, 2017

PACER
14

OPPOSITION/RESPONSE (re 13 MOTION to Shorten Time ) filed byJohn F. Kelly, Jefferson B. Sessions, Donald J. Trump, United States of America. (Attachments: # 1 Declaration of W. Scott Simpson)(Simpson, W.) (Filed on 4/5/2017) (Entered: 04/05/2017)

1 Declaration of W. Scott Simpson

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April 5, 2017

April 5, 2017

PACER
15

ORDER DENYING 13 MOTION TO SHORTEN TIME by Hon. William H. Orrick. (jmdS, COURT STAFF) (Filed on 4/6/2017) (Entered: 04/06/2017)

April 6, 2017

April 6, 2017

PACER
16

OPPOSITION/RESPONSE (re 12 MOTION for Preliminary Injunction ) filed byJohn F. Kelly, Jefferson B. Sessions, Donald J. Trump, United States of America. (Attachments: # 1 Letter from Samuel R. Ramer, Acting AAG, Office of Legis. Affairs)(Simpson, W.) (Filed on 4/18/2017) (Entered: 04/18/2017)

1 Letter from Samuel R. Ramer, Acting AAG, Office of Legis. Affairs

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April 18, 2017

April 18, 2017

PACER
17

CLERK'S NOTICE - The start time of the Case Management Conference set for 5/2/2017 is advanced to 01:30 PM in Courtroom 2, 17th Floor, San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 4/25/2017) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

PACER
18

JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by City of Richmond. (Fineman, Nancy) (Filed on 4/25/2017) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

PACER
19

REPLY (re 12 MOTION for Preliminary Injunction ) filed byCity of Richmond. (Attachments: # 1 SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF CITY OF RICHMONDS REPLY TO MOTION FOR PRELIMINARY INJUNCTION, # 2 Exhibit 1 TO SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF CITY OF RICHMONDS REPLY TO MOTION FOR PRELIMINARY INJUNCTION)(Fineman, Nancy) (Filed on 4/25/2017) (Entered: 04/25/2017)

1 SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF CITY OF RICHMONDS REPLY

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2 Exhibit 1 TO SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF CITY OF RICH

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April 25, 2017

April 25, 2017

PACER
20

Minute Entry for proceedings held before Hon. William H. Orrick: Case Management Conference held on 5/2/2017. The hearing set for May 9, 2017 on the City of Richmond's Motion for Preliminary Injunction is VACATED. Close of Fact Discovery: 10/31/2017. Dispositive Motions to be heard by 1/10/2018. Pretrial Conference set for 4/2/2018 02:00 PM and Bench Trial set for 4/23/2018 08:00 AM before Hon. William H. Orrick, both in Courtroom 2, 17th Floor, San Francisco. FTR Time 1:32-2:01. (jmdS, COURT STAFF) (Date Filed: 5/2/2017) Modified on 5/3/2017: Matter transcribed by Leo Mankiewicz. (rjdS, COURT STAFF). (Entered: 05/03/2017)

May 2, 2017

May 2, 2017

RECAP
21

MOTION to File Amicus Curiae Brief Motion for Leave to File Brief of Amicus Curiae Anti-Defamation League in Support of Plaintiff's Motion for Preliminary Injunction filed by Anti-Defamation League. Responses due by 5/17/2017. (Attachments: # 1 Brief of Amicus Curiae, # 2 Proposed Order)(Perrin, Robert) (Filed on 5/3/2017) (Entered: 05/03/2017)

1 Brief of Amicus Curiae

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2 Proposed Order

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May 3, 2017

May 3, 2017

PACER
22

STIPULATION WITH PROPOSED ORDER re 1 Complaint, filed by John F. Kelly, Jefferson B. Sessions, Donald J. Trump, United States of America. (Simpson, W.) (Filed on 5/5/2017) (Entered: 05/05/2017)

May 5, 2017

May 5, 2017

PACER
23

Transcript of Proceedings held on 05/02/2017, before Judge William H. Orrick. Court Reporter/Transcriber Leo T. Mankiewicz, CSR, RMR, CRR, telephone number (415) 722-7045; leomank@gmail.com. FTR 1:32 p.m. - 2:02 p.m. = 30 minutes. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (103 in 3:17-cv-00574-WHO) Transcript Order ) Redaction Request due 5/30/2017. Redacted Transcript Deadline set for 6/8/2017. Release of Transcript Restriction set for 8/7/2017. (Mankiewicz, Leo) (Filed on 5/8/2017) (Entered: 05/08/2017)

May 8, 2017

May 8, 2017

PACER
24

STIPULATION AND ORDER. Signed by Judge William H. Orrick on 05/09/2017. (jmdS, COURT STAFF) (Filed on 5/9/2017) (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

PACER
25

ORDER DENYING 12 MOTION FOR PRELIMINARY INJUNCTION AS MOOT by Judge William H. Orrick. 21 Motion to File Amicus Curiae Brief is also denied as moot. (jmdS, COURT STAFF) (Filed on 5/22/2017) (Entered: 05/22/2017)

May 22, 2017

May 22, 2017

PACER
26

MOTION to Dismiss filed by John F. Kelly, Jefferson B. Sessions, Donald J. Trump, United States of America. Motion Hearing set for 7/19/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 6/22/2017. Replies due by 6/29/2017. (Attachments: # 1 Mem. from Atty Gen. for All Dept Grant-Making Components (May 22, 2017), # 2 Proposed Order)(Simpson, W.) (Filed on 6/8/2017) (Entered: 06/08/2017)

1 Mem. from Atty Gen. for All Dept Grant-Making Components (May 22, 2017)

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2 Proposed Order

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June 8, 2017

June 8, 2017

PACER
27

CLERK'S NOTICE - Motion Hearing reset for 7/12/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick (to comply with 102 minute order). Re: 115 Motion to Dismiss in 3:17-cv-00574-WHO, 111 Motion to Dismiss in 3:17-cv-00485-WHO, and 26 MOTION to Dismiss in 3:17-cv-01535-WHO. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 6/9/2017) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

PACER
28

Joint MOTION to File Amicus Curiae Brief In Support of United States' Motion to Dismiss filed by States of West Virginia, Louisiana, et al.. Responses due by 6/30/2017. Replies due by 7/7/2017. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Johnson, Thomas) (Filed on 6/16/2017) (Entered: 06/16/2017)

1 Exhibit

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2 Proposed Order

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June 16, 2017

June 16, 2017

PACER
29

OPPOSITION/RESPONSE (re 26 MOTION to Dismiss ) filed byCity of Richmond. (Fineman, Nancy) (Filed on 6/22/2017) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
30

STIPULATION WITH PROPOSED ORDER re 29 Opposition/Response to Motion filed by John F. Kelly, Jefferson B. Sessions, Donald J. Trump, United States of America. (Simpson, W.) (Filed on 6/23/2017) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
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ORDER continuing reply deadline re: Motions to Dismiss. Replies due by 6/29/2017. Signed by Judge William H. Orrick on 06/26/2017. (jmdS, COURT STAFF) (Filed on 6/26/2017) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

RECAP
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MOTION to File Amicus Curiae Brief Motion for Leave to File Statement of Amicus Curiae Anti-Defamation League in Support of Plaintiffs' Opposition to Defendants'Motion to Dismiss filed by Anti-Defamation League. Responses due by 7/12/2017. Replies due by 7/19/2017. (Attachments: # 1 Proposed Statement, # 2 Proposed Order)(Perrin, Robert) (Filed on 6/28/2017) (Entered: 06/28/2017)

1 Proposed Statement

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2 Proposed Order

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June 28, 2017

June 28, 2017

PACER
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ADMINISTRATIVE MOTION Administrative Motion By California, Connecticut, Delaware, District Of Columbia, Illinois, Maryland, Massachusetts, New Mexico, New York, Oregon, And Washington For Leave To File An Amicus Curiae Brief In Support Of Plaintiffs Oppositions To Defendants Motions To Dismiss filed by State of California. Responses due by 7/3/2017. (Attachments: # 1 Exhibit Multi-state Amicus Curiae Brief of California et al., # 2 Proposed Order)(Ehrlich, Lisa) (Filed on 6/28/2017) (Entered: 06/28/2017)

1 Exhibit Multi-state Amicus Curiae Brief of California et al.

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2 Proposed Order

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June 28, 2017

June 28, 2017

PACER
34

REPLY (re 26 MOTION to Dismiss ) filed byJohn F. Kelly, Jefferson B. Sessions, Donald J. Trump, United States of America. (Simpson, W.) (Filed on 6/29/2017) (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

PACER
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STIPULATION WITH PROPOSED ORDER re 27 Clerk's Notice,, Set Motion and Deadlines/Hearings, filed by John F. Kelly, Jefferson B. Sessions, Donald J. Trump, United States of America. (Simpson, W.) (Filed on 7/3/2017) (Entered: 07/03/2017)

July 3, 2017

July 3, 2017

PACER
36

Joinder AND JOINDER IN PLAINTIFF COUNTY OF SANTA CLARAS (1) MOTION FOR LEAVE TO FILE A SURREPLY AND (2) SURREPLY IN OPPOSITION TO DEFENDANTS 26 MOTION TO DISMISS AND PLAINTIFF RICHMONDS JOINDER IN CITY AND COUNTY OF SAN FRANCISCOS SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO DEFENDANTS MOTION TO DISMISS by City of Richmond. (Attachments: # 1 Proposed Order GRANTING PLAINTIFF CITY OF RICHMONDS NOTICE OF JOINDER AND JOINDER IN PLAINTIFF COUNTY OF SANTA CLARAS (1) MOTION FOR LEAVE TO FILE A SURREPLY AND (2) SURREPLY IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS AND PLAINTIFF RICHMONDS JOINDER IN CITY AND COUNTY OF SAN FRANCISCOS SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO DEFENDANTS MOTION TO DISMISS)(Fineman, Nancy) (Filed on 7/7/2017) Modified on 7/10/2017 (aaaS, COURT STAFF). (Entered: 07/07/2017)

1 Proposed Order GRANTING PLAINTIFF CITY OF RICHMONDS NOTICE OF JOINDER AND JOINDE

View on PACER

July 7, 2017

July 7, 2017

PACER
37

NOTICE of Appearance by W. Scott Simpson Additional Counsel for Defendants (Simpson, W.) (Filed on 7/7/2017) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

PACER
38

TRANSCRIPT ORDER for proceedings held on 7/12/2017 before Hon. William H. Orrick by John F. Kelly, Jefferson B. Sessions, Donald J. Trump, United States of America, for Court Reporter Katherine Sullivan. (Simpson, W.) (Filed on 7/12/2017) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
39

Minute Entry for proceedings held before Hon. William H. Orrick: Motion Hearing held on 7/12/2017 re (26 in 3:17-cv-01535-WHO) MOTION to Dismiss, (115 in 3:17-cv-00574-WHO) MOTION to Dismiss, (107 in 3:17-cv-00485-WHO) MOTION for Reconsideration (111 in 3:17-cv-00485-WHO). Motions taken under submission; written order(s) to follow. Total Time in Court 34 minutes. Court Reporter Name Katherine Sullivan. (jmdS, COURT STAFF) (Date Filed: 7/12/2017) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
40

Transcript of Proceedings held on 7/12/17, before Judge William H. Orrick. Court Reporter/Transcriber Katherine Powell Sullivan, telephone number 415-794-6659. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (38 in 3:17-cv-01535-WHO) Transcript Order, (141 in 3:17-cv-00485-WHO) Transcript Order, (141 in 3:17-cv-00574-WHO) Transcript Order, (140 in 3:17-cv-00485-WHO) Transcript Order ) Redaction Request due 8/4/2017. Redacted Transcript Deadline set for 8/14/2017. Release of Transcript Restriction set for 10/12/2017. (Sullivan, Katherine) (Filed on 7/14/2017) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
41

TRANSCRIPT ORDER for proceedings held on July 12, 2017 before Hon. William H. Orrick by City of Richmond, for Court Reporter Katherine Sullivan. (Fineman, Nancy) (Filed on 7/19/2017) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
42

ORDER GRANTING MOTION TO DISMISS by Judge William H. Orrick 32 ; 33 ; granting 26 Motion to Dismiss; 28 . The government's motion to dismiss claims re: sanctuary policies and enforcement under the Executive Order is GRANTED. The government's motion to dismiss Richmond's declaratory relief claim is GRANTED. Richmond's clams are dismissed without prejudice. Amended Complaint due by 9/11/2017.. (tlS, COURT STAFF) (Filed on 8/21/2017) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

RECAP
43

RELATED CASE ORDER. Case No. 3:17cv4701 will be reassigned and related. Signed by Judge William H. Orrick on 08/25/2017. (jmdS, COURT STAFF) (Filed on 8/25/2017) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
44

STIPULATION WITH PROPOSED ORDER REGARDING DEADLINE TO FILE AMENDED COMPLAINT filed by City of Richmond. (Fineman, Nancy) (Filed on 9/5/2017) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
45

Order Regarding Deadline to File Amended Complaint by Hon. William H. Orrick granting 44 Stipulation. Plaintiff's Amended Complaint, if any, shall be filed no later than September 25, 2017. (jmdS, COURT STAFF) (Filed on 9/5/2017) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
46

NOTICE by City of Richmond re 45 Order on Stipulation, 42 Order on Motion to File Amicus Curiae Brief,, Order on Administrative Motion per Civil Local Rule 7-11,, Order on Motion to Dismiss,,, City of Richmond's Response to Order re Filing of Amended Complaint (Fineman, Nancy) (Filed on 9/25/2017) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: March 21, 2017

Closing Date: Aug. 21, 2017

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Plaintiff is the city of Richmond, CA, which fears the loss of federal funding in response to its policies to promote cooperation between local law enforcement and immigrant residents, under the January 25, 2017 Executive Order 13768, "Enhancing Public Safety in the Interior of the United States."

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

President (Washington, DC), Federal

Secretary of Homeland Security (Washington, DC), Federal

Attorney General (Washington, DC), Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Federalism (including 10th Amendment)

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

General:

Funding

Government Services

Over/Unlawful Detention

Placement in detention facilities

Public assistance grants

Immigration/Border:

Border police

Constitutional rights

Criminal prosecution

Deportation - criteria

Deportation - procedure

Detention - criteria

Detention - procedures

ICE/DHS/INS raid

Sanctuary city/state

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation