Case: Public Citizen, Inc. v. Trump

PUBLIC CITIZEN, INC. v. TRUMP

Public Citizen

U.S. Chamber Litigation Center

Public Citizen

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0090-4834458) filed by NATURAL RESOURCES DEFENSE COUNCIL, INC., PUBLIC CITIZEN, INC., COMMUNICATION WORKERS OF AMERICA, AFL-CIO. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Civil Cover Sheet, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons)(Zieve, Allison) (Entered: 02/08/2017)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Civil Cover Sheet

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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12 Summons

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13 Summons

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14 Summons

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15 Summons

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16 Summons

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17 Summons

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18 Summons

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19 Summons

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20 Summons

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LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests of Public Citizen, Inc. by PUBLIC CITIZEN, INC. (Zieve, Allison) (Entered: 02/08/2017)

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATURAL RESOURCES DEFENSE COUNCIL, INC. (Zieve, Allison) (Entered: 02/08/2017)

Case Assigned to Judge Gladys Kessler. (jd)

SUMMONS (17) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 02/08/2017)

1 Consent Forms

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Case randomly reassigned to Judge Randolph D. Moss. Judge Gladys Kessler is no longer assigned to the case. (ztnr)

STANDING ORDER: The parties are hereby ORDERED to comply with the directives set out in the attached Standing Order. Signed by Judge Randolph D. Moss on 2/24/2017. (lcrdm1, ) (Entered: 02/24/2017)

NOTICE of Appearance by Patti A. Goldman on behalf of COMMUNICATION WORKERS OF AMERICA, AFL-CIO, NATURAL RESOURCES DEFENSE COUNCIL, INC., PUBLIC CITIZEN, INC. (Goldman, Patti) (Entered: 03/09/2017)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/8/2017. Answer due for ALL FEDERAL DEFENDANTS by 4/9/2017. (Zieve, Allison) (Entered: 03/10/2017)

NOTICE of Appearance by Scott Lawrence Nelson on behalf of All Plaintiffs (Nelson, Scott) (Entered: 04/10/2017)

MOTION to Dismiss by GRACE BOCHENEK, ELAINE CHAO, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA, PATRICK WARREN (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Text of Proposed Order)(Bensing, Daniel) (Entered: 04/10/2017)

1 Memorandum in Support

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2 Exhibit

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3 Text of Proposed Order

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NOTICE of Appearance by Michael Leon Drezner on behalf of All Defendants (Drezner, Michael) (Entered: 04/11/2017)

ENTERED IN ERROR.....MEMORANDUM by STATE OF WEST VIRGINIA. (Lin, Elbert) Modified on 4/18/2017 (jf). (Entered: 04/17/2017)

AMICUS BRIEF by STATE OF ALABAMA, STATE OF ARIZONA, STATE OF ARKANSAS, STATE OF GEORGIA, STATE OF KANSAS, STATE OF LOUISIANA, STATE OF MICHIGAN, STATE OF NEVADA, STATE OF OKLAHOMA, STATE OF SOUTH CAROLINA, STATE OF TEXAS, STATE OF WEST VIRGINIA, STATE OF WISCONSIN, STATE OF WYOMING. (jf) (Entered: 04/18/2017)

NOTICE of Filing by GRACE BOCHENEK, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA, PATRICK WARREN (Attachments: # 1 Errata Corrected Memo, # 2 Errata Corrected Memo Redline)(Bensing, Daniel) (Entered: 04/19/2017)

1 Errata Corrected Memo

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2 Errata Corrected Memo Redline

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AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants filed by NATURAL RESOURCES DEFENSE COUNCIL, INC., PUBLIC CITIZEN, INC., COMMUNICATION WORKERS OF AMERICA, AFL-CIO. (Attachments: # 1 Redline comparison, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Zieve, Allison) (Entered: 04/21/2017)

1 Redline comparison

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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MINUTE ORDER: In light of the filing of Plaintiffs' Amended Complaint 14, Defendants' Motion to Dismiss 9 is hereby DENIED as moot. See Barnes v. District of Columbia, 42 F. Supp. 3d 111, 117 (D.D.C. 2014) ("When a plaintiff files an amended complaint as of right within 21 days after the filing of the motion to dismiss under Rule 12(b),... the amended complaint becomes the operative pleading... and any pending motion to dismiss becomes moot."). This disposition is without prejudice, and Defendants may reassert any or all of the arguments previously raised in a renewed motion to dismiss directed at the now-operative complaint. Defendants are hereby ORDERED to answer or otherwise respond to Plaintiffs' amended complaint on or before May 12, 2017. Signed by Judge Randolph D. Moss on 4/25/2017. (lcrdm1, )

.Order

Set/Reset Deadlines: Defendants are to answer or otherwise respond to Plaintiffs' amended complaint on or before 5/12/2017. (kt)

MOTION to Dismiss First Amended Complaint by GRACE BOCHENEK, ELAINE CHAO, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA, PATRICK WARREN (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Drezner, Michael) (Entered: 05/12/2017)

1 Memorandum in Support

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2 Text of Proposed Order

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MOTION for Summary Judgment by COMMUNICATION WORKERS OF AMERICA, AFL-CIO, NATURAL RESOURCES DEFENSE COUNCIL, INC., PUBLIC CITIZEN, INC. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of David LeGrande, # 3 Declaration of Robert Weissman, # 4 Declaration of Andrew Wetzler, # 5 Declaration of Denise Abbott, # 6 Declaration of James Bauer, Sr., # 7 Declaration of Amanda Fleming, # 8 Declaration of Anthony So, # 9 Declaration of Jonathan Soverow, # 10 Declaration of Terri Weissman, # 11 Declaration of James Coward, # 12 Declaration of Eileen Quigley, # 13 Declaration of Gerald Winegrad, # 14 Declaration of David Hayes, # 15 Declaration of James Jones, # 16 Declaration of David Michaels, # 17 Declaration of Gregory Wagner, # 18 Declaration of Dan Reicher)(Zieve, Allison) (Entered: 05/15/2017)

1 Text of Proposed Order

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2 Declaration of David LeGrande

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3 Declaration of Robert Weissman

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4 Declaration of Andrew Wetzler

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5 Declaration of Denise Abbott

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6 Declaration of James Bauer, Sr.

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7 Declaration of Amanda Fleming

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8 Declaration of Anthony So

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9 Declaration of Jonathan Soverow

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10 Declaration of Terri Weissman

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11 Declaration of James Coward

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12 Declaration of Eileen Quigley

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13 Declaration of Gerald Winegrad

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14 Declaration of David Hayes

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15 Declaration of James Jones

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16 Declaration of David Michaels

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17 Declaration of Gregory Wagner

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18 Declaration of Dan Reicher

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.Order

MINUTE ORDER: The parties are hereby ORDERED to appear for a scheduling conference on May 23, 2017, at 11:00 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 5/15/2017. (lcrdm1, )

NOTICE of Appearance by Sean M. Sherman on behalf of All Plaintiffs (Sherman, Sean) (Entered: 05/15/2017)

Set/Reset Hearings: Initial Scheduling Conference set for 5/23/2017, at 11:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt)

NOTICE of Appearance by Erica Nicole Peterson on behalf of STATE OF WEST VIRGINIA (Peterson, Erica) (Entered: 05/16/2017)

BRIEF OF AMICI CURIAE by STATE OF WEST VIRGINIA, WISCONSIN, AND 12 OTHER STATES. (Lin, Elbert) Modified on 5/22/2017 (jf). (Entered: 05/19/2017)

MOTION for Leave to File Amicus Brief by Public Health Law Center, AMERICAN ACADEMY OF PEDIATRICS, Big Cities Health Coalition, CAMPAIGN FOR TOBACCO-FREE KIDS, CENTER FOR SCIENCE IN THE PUBLIC INTEREST, ChangeLab Solutions, Collaboration for Research Integrity and Transparency, National Association of County and City Health Officials, National Women's Health Network, PUBLIC GOOD LAW CENTER, Public Health Advocacy Institute, Public Health and Tobacco Policy Center, TRUTH INITIATIVE (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order)(Gupta, Deepak) (Entered: 05/22/2017)

1 Proposed Amicus Brief

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2 Text of Proposed Order

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MOTION to Stay Proceedings on Plaintiffs' Motion for Summary Judgment by GRACE BOCHENEK, ELAINE CHAO, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, PATRICK WARREN (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support)(Drezner, Michael) (Entered: 05/22/2017)

1 Text of Proposed Order

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2 Memorandum in Support

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Minute Entry for proceedings held before Judge Randolph D. Moss: Initial Scheduling Conference held on 5/23/2017. Scheduling Order forthcoming. The 20 Motion for Leave to File Amicus Brief is GRANTED. (Court Reporter: Jeff Hook.) (kt)

SCHEDULING ORDER: (1) Defendants' Motion to Stay Proceedings on Plaintiffs' Motion for Summary Judgment, Dkt. 21, is DENIED; (2) Plaintiffs shall file their opposition to Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint, Dkt. 15, on or before June 26, 2017; (3) Defendants shall file their opposition to Plaintiffs' Motion for Summary Judgment, Dkt. 16, on or before June 26, 2017; (4) Defendants shall file their reply in support of their Motion to Dismiss Plaintiffs' First Amended Complaint on or before July 21, 2017; (5) Plaintiffs shall file their reply in support of their Motion for Summary Judgment on or before July 21, 2017; (6) Any further amici who seek to file briefs in support of Plaintiffs or Defendants shall file a motion seeking leave to file, accompanied by a proposed amicus brief, on or before June 12, 2017. See document for details. Signed by Judge Randolph D. Moss on 5/23/2017. (lcrdm1, ) (Entered: 05/23/2017)

Set/Reset Deadlines: Plaintiffs opposition to Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint, due on or before 6/26/2017; Defendants opposition to Plaintiffs' Motion for Summary Judgment, due on or before 6/26/2017; Defendants reply in support of their Motion to Dismiss Plaintiffs' First Amended Complaint due on or before 7/21/2017; Plaintiffs reply in support of their Motion for Summary Judgment due on or before 7/21/2017; Leave to file Amicus briefs due on or before 6/12/2017. (kt)

AMICUS BRIEF by PUBLIC HEALTH LAW CENTER, AMERICAN ACADEMY OF PEDIATRICS, BIG CITIES HEALTH COALITION, CAMPAIGN FOR TOBACCOFREE KIDS, CENTER FOR SCIENCE IN THE PUBLIC INTEREST, CHANGELAB SOLUTIONS, COLLABORATION FOR RESEARCH INTEGRITY AND TRANSPARENCY, NATIONAL ASSOCIATION OF COUNTY AND CITY HEALTH OFFICIALS, NATIONAL WOMENS HEALTH NETWORK, PUBLIC GOOD LAW CENTER, PUBLIC HEALTH ADVOCACY INSTITUTE, PUBLIC HEALTH AND TOBACCO POLICY CENTER, AND TRUTH INITIATIVE. (td) Modified on 6/21/2017 (zrdj). (Entered: 05/24/2017)

NOTICE of Appearance by Katherine A. Meyer on behalf of VICTOR B. FLATT, Alyson Flournoy, Robert L. Glicksman, Thomas O. McGarity, Sidney Shapiro, Amy Sinden, Karen Sokol, Rena Steinzor, Joseph P. Tomain, Robert R.M. Verchick (Meyer, Katherine) (Entered: 05/24/2017)

MINUTE ORDER: Upon consideration of the Motion of Law Professors for Leave to File a Brief as Amici Curiae 24, the motion is hereby GRANTED. The amicus brief, Dkt. 24-3, is deemed FILED. Signed by Judge Randolph D. Moss on 5/24/2017. (lcrdm1, )

MOTION for Leave to File a Brief as Amici Curiae in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss and in Support of Plaintiffs' Motion for Summary Judgment by VICTOR B. FLATT, Alyson Flournoy, Robert L. Glicksman, Thomas O. McGarity, Sidney Shapiro, Amy Sinden, Karen Sokol, Rena Steinzor, Joseph P. Tomain, Robert R.M. Verchick (Attachments: # 1 Exhibit, # 2 Text of Proposed Order, # 3 Exhibit Amicus Brief in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss and in Support of Plaintiffs' Motion for Summary Judgment)(Meyer, Katherine) (Entered: 05/24/2017)

MINUTE ORDER: Upon consideration of the Motion of Law Professors for Leave to File a Brief as Amici Curiae 24, the motion is hereby GRANTED. The amicus brief, Dkt. 24 -3, is deemed FILED. Signed by Judge Randolph D. Moss on 5/24/2017. (lcrdm1, )

AMICUS BRIEF by VICTOR B. FLATT, ALYSON FLOURNOY, ROBERT L. GLICKSMAN, THOMAS O. MCGARITY, SIDNEY SHAPIRO, AMY SINDEN, KAREN SOKOL, RENA STEINZOR, JOSEPH P. TOMAIN, ROBERT R.M. VERCHICK. (td) (Entered: 05/24/2017)

NOTICE of Appearance by Clara E. Brillembourg on behalf of UNION OF CONCERNED SCIENTISTS (Brillembourg, Clara) (Entered: 06/05/2017)

MINUTE ORDER: Upon consideration of the Unopposed Motion of the Union of Concerned Scientists for Leave to File Amicus Curiae Brief 28, the motion is hereby GRANTED. The amicus brief, Dkt. 28-1, is deemed FILED. Signed by Judge Randolph D. Moss on 6/5/2017. (lcrdm1, )

Unopposed MOTION for Leave to File Amicus Curiae Brief by UNION OF CONCERNED SCIENTISTS (Attachments: # 1 Exhibit Proposed Amicus Brief of Union of Concerned Scientists, # 2 Exhibit Proposed Order)(Brillembourg, Clara) (Entered: 06/05/2017)

1 Exhibit Proposed Amicus Brief of Union of Concerned Scientists

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2 Exhibit Proposed Order

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Seth Jaffe, :Firm- Foley Hoag LLP, :Address- 155 Seaport Boulevard Boston, MA 02210. Phone No. - 617-832-1203. Fax No. - 617-832-7000 Filing fee $ 100, receipt number 0090-4976673. Fee Status: Fee Paid. by UNION OF CONCERNED SCIENTISTS (Attachments: # 1 Exhibit Jaffe Declaration, # 2 Exhibit Proposed Order)(Brillembourg, Clara) (Entered: 06/05/2017)

1 Exhibit Jaffe Declaration

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2 Exhibit Proposed Order

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Cicely Parseghian, :Firm- Foley Hoag LLP, :Address- 155 Seaport Boulevard, Boston, MA 02210. Phone No. - 617-832-3038. Fax No. - 617-832-7000 Filing fee $ 100, receipt number 0090-4976686. Fee Status: Fee Paid. by UNION OF CONCERNED SCIENTISTS (Attachments: # 1 Exhibit Parseghian Declaration, # 2 Exhibit Proposed Order)(Brillembourg, Clara) (Entered: 06/05/2017)

1 Exhibit Parseghian Declaration

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2 Exhibit Proposed Order

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MINUTE ORDER: Upon consideration of the Unopposed Motion of the Union of Concerned Scientists for Leave to File Amicus Curiae Brief 28, the motion is hereby GRANTED. The amicus brief, Dkt. 28 -1, is deemed FILED. Signed by Judge Randolph D. Moss on 6/5/2017. (lcrdm1, )

MINUTE ORDER: Upon consideration of the Motion for Admission Pro Hac Vice 29, it is hereby ORDERED that the motion is GRANTED. Seth D. Jaffe is hereby granted leave to appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 6/5/2017. (lcrdm1, )

MINUTE ORDER: Upon consideration of the Motion for Admission Pro Hac Vice 30, it is hereby ORDERED that the motion is GRANTED. Cicely O. Parseghian is hereby granted leave to appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 6/5/2017. (lcrdm1, )

AMICUS BRIEF by UNION OF CONCERNED SCIENTISTS. (jf) (Entered: 06/05/2017)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Danielle L. Goldstein, :Firm- Office of the County Counsel, :Address- 70 West Hedding St. East Wing, 9th Floor, San Jose, California 95110. Phone No. - (408) 599-5900. Fax No. - (408) 292-7240 Filing fee $ 100, receipt number 0090-4987883. Fee Status: Fee Paid. by COUNTY OF SANTA CLARA, CALIFORNIA (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Serrano, Lawrence) Modified on 6/13/2017 (zrdj). (Entered: 06/12/2017)

1 Declaration

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- James R. Williams, :Firm- Office of the County Counsel, :Address- 70 West Hedding St. East Wing, 9th Floor, San Jose, California 95110. Phone No. - (408) 299-5900. Fax No. - (408) 292-7240 Filing fee $ 100, receipt number 0090-4987891. Fee Status: Fee Paid. by COUNTY OF SANTA CLARA, CALIFORNIA (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Serrano, Lawrence) Modified on 6/13/2017 (zrdj). (Entered: 06/12/2017)

1 Declaration

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2 Text of Proposed Order

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Greta S. Hansen, :Firm- Office of the County Counsel, :Address- 70 West Hedding St., East Wing, 9th Floor. Phone No. - (408) 299-5900. Fax No. - (408) 292-7240 Filing fee $ 100, receipt number 0090-4987893. Fee Status: Fee Paid. by COUNTY OF SANTA CLARA, CALIFORNIA (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Serrano, Lawrence) Modified on 6/13/2017 (zrdj). (Entered: 06/12/2017)

1 Declaration

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2 Text of Proposed Order

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Unopposed MOTION for Leave to File A Brief as Amicus Curiae in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss by COUNTY OF SANTA CLARA, CALIFORNIA . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Serrano, Lawrence) Modified on 6/13/2017 (zrdj). (Entered: 06/12/2017)

1 Exhibit A

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2 Exhibit B

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NOTICE of Appearance by Ryan C. Morris on behalf of CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS, AMERICAN PETROLEUM INSTITUTE, ASSOCIATION OF AMERICAN RAILROADS, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL FEDERATION OF INDEPENDENT BUSINESS (Morris, Ryan) (Entered: 06/12/2017)

Unopposed MOTION for Leave to File Amici Curiae Brief in Support of Defendants' Motion to Dismiss Amended Complaint by AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS, AMERICAN PETROLEUM INSTITUTE, ASSOCIATION OF AMERICAN RAILROADS, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL FEDERATION OF INDEPENDENT BUSINESS (Attachments: # 1 Exhibit A - Proposed Amici Brief, # 2 Exhibit B - Text of Proposed Order, # 3 Certificate of Service)(Morris, Ryan) (Entered: 06/12/2017)

1 Exhibit A - Proposed Amici Brief

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2 Exhibit B - Text of Proposed Order

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3 Certificate of Service

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Samuel B. Boxerman, :Firm- Sidley Austin LLP, :Address- 1501 K Street, NW, Washington, DC 20005. Phone No. - (202) 736-8000. Fax No. - (202) 736-8711 Filing fee $ 100, receipt number 0090-4987923. Fee Status: Fee Paid. by AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS, AMERICAN PETROLEUM INSTITUTE, ASSOCIATION OF AMERICAN RAILROADS, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL FEDERATION OF INDEPENDENT BUSINESS (Attachments: # 1 Declaration of Samuel B. Boxerman, # 2 Text of Proposed Order)(Morris, Ryan) (Entered: 06/12/2017)

1 Declaration of Samuel B. Boxerman

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2 Text of Proposed Order

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MINUTE ORDER: Upon consideration of the Motions for Admission Pro Hac Vice 32, 33, 34, it is hereby ORDERED that the motions are GRANTED. Danielle L. Goldstein, James R. Williams, and Greta S. Hansen are hereby granted leave to appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 6/13/2017. (lcrdm1, )

.Order

MINUTE ORDER: To the extent Samuel B. Boxerman merely seeks leave to have his name appear on a brief signed by a member of the bar of this Court, that motion, Dkt. 38, is GRANTED. To the extent Mr. Boxerman seeks leave to sign filings or otherwise to participate in this matter, he is referred to Local Civil Rule 83.2, which states that "[a]n attorney who engages in the practice of law from an office located in the District of Columbia must be a member of the District of Columbia Bar AND the Bar of this Court to file papers in this Court" (emphasis added). Signed by Judge Randolph D. Moss on 6/13/2017. (lcrdm1, )

MINUTE ORDER: Upon consideration of the Unopposed Motion of the Chamber of Commerce of the United States of America, et al., for Leave to File an Amicus Curiae Brief 37, the motion is hereby GRANTED. The amicus brief, Dkt. 37 -1, is deemed FILED. Signed by Judge Randolph D. Moss on 6/13/2017. (lcrdm1, )

MINUTE ORDER: Upon consideration of the Unopposed Motion of the County of Santa Clara for Leave to File a Brief as Amicus Curiae 35, the motion is hereby GRANTED. The amicus brief, Dkt. 35-1, is deemed FILED. Signed by Judge Randolph D. Moss on 6/13/2017. (lcrdm1, )

MINUTE ORDER: Upon consideration of the Unopposed Motion of the County of Santa Clara for Leave to File a Brief as Amicus Curiae 35, the motion is hereby GRANTED. The amicus brief, Dkt. 35 -1, is deemed FILED. Signed by Judge Randolph D. Moss on 6/13/2017. (lcrdm1, )

AMICUS BRIEF by AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS, AMERICAN PETROLEUM INSTITUTE, ASSOCIATION OF AMERICAN RAILROADS, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL FEDERATION OF INDEPENDENT BUSINESS. (zrdj) (Main Document 39 replaced on 6/26/2017) (ztnr). (Entered: 06/13/2017)

AMICUS BRIEF by COUNTY OF SANTA CLARA, CALIFORNIA. (zrdj) (Entered: 06/13/2017)

NOTICE of Appearance by C. Frederick Beckner, III on behalf of AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS, AMERICAN PETROLEUM INSTITUTE, ASSOCIATION OF AMERICAN RAILROADS, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL FEDERATION OF INDEPENDENT BUSINESS (Beckner, C.) (Entered: 06/14/2017)

ERRATA by AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS, AMERICAN PETROLEUM INSTITUTE, ASSOCIATION OF AMERICAN RAILROADS, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL FEDERATION OF INDEPENDENT BUSINESS 39 Amicus Brief, filed by CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, NATIONAL FEDERATION OF INDEPENDENT BUSINESS, AMERICAN PETROLEUM INSTITUTE, NATIONAL ASSOCIATION OF MANUFACTURERS, ASSOCIATION OF AMERICAN RAILROADS, AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS. (Morris, Ryan) (Entered: 06/15/2017)

MINUTE ORDER: The parties are hereby ORDERED to appear for oral argument on Defendants' motion to dismiss 15 and Plaintiffs' motion for summary judgment 16 on August 10, 2017, at 10:00 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 6/21/2017. (lcrdm1, )

.Order

Set/Reset Hearings: A Motion Hearing is set for 8/10/2017, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt)

Consent MOTION for Leave to File Excess Pages by GRACE BOCHENEK, ELAINE L. CHAO, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA, PATRICK WARREN (Attachments: # 1 Text of Proposed Order)(Bensing, Daniel) (Entered: 06/23/2017)

1 Text of Proposed Order

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MINUTE ORDER: Upon consideration of the Consent Motion for Leave to Exceed Page Limits 43, the motion is hereby GRANTED. Defendants' opposition to Plaintiffs' motion for summary judgment is not to exceed fifty (50) pages, and Plaintiffs' reply brief in support of their motion for summary judgment is not to exceed thirty (30) pages. Signed by Judge Randolph D. Moss on 6/23/2017. (lcrdm1, )

MINUTE ORDER: Under this Court's Standing Order, "[a]ll electronically filed documents" are to "be submitted in text-searchable PDF files." Dkt. 5 at 2. On or before June 28, 2017, the Union of Concerned Scientists and the Chamber of Commerce, et al., are hereby ORDERED to resubmit their amicus briefs (31 and 39) to conform to this requirement. Signed by Judge Randolph D. Moss on 6/26/2017. (lcrdm1, )

MINUTE ORDER: Under this Court's Standing Order, "[a]ll electronically filed documents" are to "be submitted in text-searchable PDF files." Dkt. 5 at 2. On or before June 28, 2017, the Union of Concerned Scientists and the Chamber of Commerce, et al., are hereby ORDERED to resubmit their amicus briefs ( 31 and 39 ) to conform to this requirement. Signed by Judge Randolph D. Moss on 6/26/2017. (lcrdm1, )

.Order

Set/Reset Deadlines: Union of Concerned Scientists and the Chamber of Commerce, et al., resubmission of amicus briefs due by 6/28/2017. (kt)

RESPONSE TO ORDER OF THE COURT re Order, Amicus Brief filed by UNION OF CONCERNED SCIENTISTS. (Brillembourg, Clara) (Entered: 06/26/2017)

RESPONSE TO ORDER OF THE COURT re Order, Amicus Brief filed by AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS, AMERICAN PETROLEUM INSTITUTE, ASSOCIATION OF AMERICAN RAILROADS, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL FEDERATION OF INDEPENDENT BUSINESS. (Morris, Ryan) (Entered: 06/26/2017)

RESPONSE re 16 MOTION for Summary Judgment filed by GRACE BOCHENEK, ELAINE L. CHAO, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA, PATRICK WARREN. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Text of Proposed Order)(Drezner, Michael) (Entered: 06/26/2017)

1 Statement of Facts

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2 Declaration

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3 Text of Proposed Order

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Memorandum in opposition to re 9 MOTION to Dismiss filed by COMMUNICATION WORKERS OF AMERICA, AFL-CIO, NATURAL RESOURCES DEFENSE COUNCIL, INC., PUBLIC CITIZEN, INC.. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Allison Zieve, # 3 Declaration Michale Heimbinder)(Zieve, Allison) (Entered: 06/26/2017)

1 Text of Proposed Order

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2 Declaration of Allison Zieve

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3 Declaration Michale Heimbinder

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TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on May 23, 2017; Page Numbers: 1 - 28. Date of Issuance: June 30, 2017. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/21/2017. Redacted Transcript Deadline set for 7/31/2017. Release of Transcript Restriction set for 9/28/2017.(Hook, Jeff) (Entered: 06/30/2017)

Unopposed MOTION for Leave to File Excess Pages by GRACE BOCHENEK, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA, PATRICK WARREN (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 07/19/2017)

1 Text of Proposed Order

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MINUTE ORDER: Upon consideration of Defendants' Unopposed Motion for Leave to Exceed Page Limits 49, the motion is hereby GRANTED. Defendants' reply brief in support of their motion to dismiss is not to exceed thirty (30) pages. Signed by Judge Randolph D. Moss on 7/19/2017. (lcrdm1, )

REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by COMMUNICATION WORKERS OF AMERICA, AFL-CIO, NATURAL RESOURCES DEFENSE COUNCIL, INC., PUBLIC CITIZEN, INC.. (Zieve, Allison) (Entered: 07/21/2017)

REPLY to opposition to motion re 15 MOTION to Dismiss First Amended Complaint filed by GRACE BOCHENEK, ELAINE L. CHAO, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA. (Bensing, Daniel) (Entered: 07/21/2017)

NOTICE of Appearance by Brett A. Shumate by GRACE BOCHENEK, ELAINE L. CHAO, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA, PATRICK WARREN (Drezner, Michael) (Entered: 08/01/2017)

NOTICE OF ERROR re 52 Notice (Other); emailed to Michael.L.Drezner@usdoj.gov, cc'd 38 associated attorneys -- The PDF file you docketed contained errors: 1. In future, appearing attorney must electronically file own Notice of Appearance. (znmw, )

Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 8/10/2017 re: 15 MOTION to Dismiss First Amended Complaint filed by SAMUEL D. RAUCH, III, GRACE BOCHENEK, DONALD J. TRUMP, UNITED STATES OF AMERICA, JIM KURTH, ELAINE L. CHAO, MARK SANDY, PATRICK WARREN, DAPHNE Y. JEFFERSON, JACK DANIELSON, HOWARD MCMILLAN, DOROTHY DOUGHERTY, EDWARD HUGLER, PATRICIA W. SILVEY, CATHERINE MCCABE, KEVIN HAUGRUD; and 16 MOTION for Summary Judgment filed by COMMUNICATION WORKERS OF AMERICA, AFL-CIO, PUBLIC CITIZEN, INC., NATURAL RESOURCES DEFENSE COUNCIL, INC. Matters taken under advisement. (Court Reporter: Lisa Moreira.) (kt)

MOTION for Leave to File Supplemental Memorandum by COMMUNICATION WORKERS OF AMERICA, AFL-CIO, NATURAL RESOURCES DEFENSE COUNCIL, INC., PUBLIC CITIZEN, INC. (Attachments: # 1 Exhibit Supplemental memorandum, # 2 Text of Proposed Order)(Zieve, Allison) (Entered: 08/15/2017)

1 Exhibit Supplemental memorandum

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2 Text of Proposed Order

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RESPONSE re 53 MOTION for Leave to File Supplemental Memorandum filed by ELAINE L. CHAO, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA, PATRICK WARREN. (Drezner, Michael) (Entered: 08/17/2017)

MINUTE ORDER: Plaintiffs seek leave to file a supplemental memorandum addressing a precedent raised for the first time by Defendants at oral argument. See Dkt. 53. The U.S. Department of Justice, in turn, does not dispute that counsel raised the precedent for the first time at oral argument, but, surprisingly, nonetheless opposes Plaintiffs' request for an opportunity to address that late-raised authority. See Dkt. 54. In order to ensure that the parties' respective arguments are fully aired, the Court hereby GRANTS Plaintiffs' motion for leave to file a supplemental memorandum and GRANTS Defendants' request for leave to file a response of similar length on or before August 31, 2017. Plaintiffs' Supplemental Memorandum, Dkt. 53-1, is deemed FILED. Signed by Judge Randolph D. Moss on 8/21/2017. (lcrdm1, )

MINUTE ORDER: Plaintiffs seek leave to file a supplemental memorandum addressing a precedent raised for the first time by Defendants at oral argument. See Dkt. 53 . The U.S. Department of Justice, in turn, does not dispute that counsel raised the precedent for the first time at oral argument, but, surprisingly, nonetheless opposes Plaintiffs' request for an opportunity to address that late-raised authority. See Dkt. 54 . In order to ensure that the parties' respective arguments are fully aired, the Court hereby GRANTS Plaintiffs' motion for leave to file a supplemental memorandum and GRANTS Defendants' request for leave to file a response of similar length on or before August 31, 2017. Plaintiffs' Supplemental Memorandum, Dkt. 53-1, is deemed FILED. Signed by Judge Randolph D. Moss on 8/21/2017. (lcrdm1, )

Set/Reset Deadlines: Defendant's Response due by 8/31/2017. (kt)

SUPPLEMENTAL MEMORANDUM to re 16 MOTION for Summary Judgment filed by COMMUNICATION WORKERS OF AMERICA, AFL-CIO, NATURAL RESOURCES DEFENSE COUNCIL, INC., PUBLIC CITIZEN, INC.. (znmw) (Entered: 08/22/2017)

TRANSCRIPT OF MOTION HEARING before Judge Randolph D. Moss held on August 10, 2017; Page Numbers: 1-98. Date of Issuance:August 23, 2017. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number 202-354-3187, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 9/13/2017. Redacted Transcript Deadline set for 9/23/2017. Release of Transcript Restriction set for 11/21/2017.(Moreira, Lisa) (Entered: 08/23/2017)

NOTICE of Appearance by Thomas M Johnson on behalf of STATE OF WEST VIRGINIA (Johnson, Thomas) (Entered: 08/24/2017)

NOTICE OF WITHDRAWAL OF APPEARANCE as to STATE OF WEST VIRGINIA. Attorney Elbert Lin terminated. (Lin, Elbert) (Entered: 08/24/2017)

RESPONSE re 55 Supplemental Memorandum filed by GRACE BOCHENEK, ELAINE L. CHAO, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA, PATRICK WARREN. (Drezner, Michael) Modified to add link on 9/1/2017 (znmw). (Entered: 08/31/2017)

NOTICE OF WITHDRAWAL OF APPEARANCE as to STATE OF WEST VIRGINIA. Thomas M. Johnson terminated. (Peterson, Erica) Modified event title on 10/30/2017 (znmw). (Entered: 10/27/2017)

MINUTE ORDER: Upon consideration of Thomas Johnson, Jr.'s motion to withdraw as counsel for the State of West Virginia 60, the motion is hereby GRANTED. Thomas Johnson, Jr. may withdraw as counsel in this action. Signed by Judge Randolph D. Moss on 10/27/2017. (lcrdm2, )

NOTICE OF SUPPLEMENTAL AUTHORITY by COMMUNICATION WORKERS OF AMERICA, AFL-CIO, NATURAL RESOURCES DEFENSE COUNCIL, INC., PUBLIC CITIZEN, INC. (Zieve, Allison) (Entered: 12/22/2017)

RESPONSE re 61 to Plaintiffs' Notice of Supplemental Authority filed by GRACE BOCHENEK, ELAINE L. CHAO, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA, PATRICK WARREN. (Drezner, Michael) Modified to add link on 1/5/2018 (znmw). (Entered: 01/04/2018)

MEMORANDUM OPINION AND ORDER: Defendants' motion to dismiss, Dkt. 15 , is hereby GRANTED for lack of jurisdiction, and Plaintiffs' motion for summary judgment, Dkt. 16 , is hereby DENIED. It is hereby ORDERED that the parties shall appear before the Court on March 1, 2018, at 10:30 a.m. in Courtroom 19 to address appropriate next steps, including whether the Court should enter final judgment. See document for details. Signed by Judge Randolph D. Moss on 2/26/2018. (lcrdm2, )