Case: City of Philadelphia v. Sessions

2:17-cv-03894 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Aug. 30, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit, filed by the city of Philadelphia, Pennsylvania, on Aug. 30, 2017, challenged U.S. Attorney General Sessions' imposition of immigration-related conditions on federal funding to the city. Philadelphia, represented by private counsel, filed its complaint in the U.S. District Court for the Eastern District of Pennsylvania. The case was assigned to Judge Michael M. Baylson.In its complaint, Philadelphia alleged that the Department of Justice (DOJ) was pursuing the federal government's…

This lawsuit, filed by the city of Philadelphia, Pennsylvania, on Aug. 30, 2017, challenged U.S. Attorney General Sessions' imposition of immigration-related conditions on federal funding to the city. Philadelphia, represented by private counsel, filed its complaint in the U.S. District Court for the Eastern District of Pennsylvania. The case was assigned to Judge Michael M. Baylson.

In its complaint, Philadelphia alleged that the Department of Justice (DOJ) was pursuing the federal government's anti-"sanctuary city" policy by new but still unlawful means. Since the narrowing (in Santa Clara) of President Trump’s Jan. 25, 2017 Executive Order 13768, the President's ability to place new immigration-related conditions on federal funds was now more limited. Subsequently, DOJ threatened to withhold critical federal law enforcement funding, the Byrne JAG Program, from cities, including Philadelphia, that would not certify compliance with 8 U.S.C. § 1373 (this provision provided that a local government entity could not prohibit or restrict communication between government entities or officials and federal immigration authorities.)

Philadelphia alleged its own compliance with § 1373, explaining that its agents did not collect immigration status information in the first place, and as a result, the city was in no position to share or restrict the sharing of information. However, Philadelphia's policies allowed local law enforcement to cooperate with federal authorities and to share identifying information about criminal suspects in the city. Philadelphia further noted that its policies sought to foster trust between the city's vibrant immigrant population and the city's officials and employees. Philadelphia contended that it had, for years, prohibited its officers from asking individuals about their immigration status, and that its community policing and safe city standards functioned best "without the city's active involvement in the enforcement of federal immigration law." Philadelphia further noted that it relied upon the funding supplied by the Byrne JAG program to support critical criminal justice programming in the city, including funding the Philadelphia Police Department, District Attorney's Office, and local court system.

Philadelphia contended that in DOJ's July 25, 2017 press release, as Philadelphia interpreted it, DOJ placed three conditions upon the receipt of any Byrne JAG funds in FY 2017: Philadelphia must 1) certify that the City complied with § 1373 (the "certification condition"); 2) permit Department of Homeland Security (DHS) officials to access "any detention facility" in Philadelphia in order to meet with any persons of interest to DHS (the "access condition"); and 3) provide at least 48 hours' advance notice to DHS regarding the "scheduled release date and time" of an inmate for whom DHS requests such advance notice (the "notice condition").

Philadelphia alleged that DOJ lacked constitutional or statutory authority to place the above conditions on the Byrne JAG program. Statutorily, Philadelphia argued that the Byrnes JAG statute did not grant DOJ the authority to impose these conditions. Constitutionally, Philadelphia argued that DOJ was usurping the authority both of Congress to spend funds, and of state and local governments to administer their own law enforcement.

The complaint sought declaratory and injunctive relief. Specifically, Philadelphia asked for a declaration that it complied with § 1373 and that DOJ's immigration-related conditions on Byrne JAG funding were unconstitutional. Philadelphia sought an injunction enjoining DOJ from imposing these conditions.

On Sept. 28, Philadelphia moved for a preliminary injunction. Philadelphia sought a declaration that DOJ's imposition of the new conditions on Byrne JAG funding was unlawful, that the action was contrary to the federal statute and to the Constitution's separation of powers, that Congress would have violated the Spending Clause in permitting the AG's action, and that Philadelphia was in full compliance with § 1373 (to the extent that compliance could be made an applicable condition to the receipt of Byrne JAG funds). Philadelphia also requested that the Court permanently enjoin DOJ from imposing the aforementioned three conditions in conjunction with the Byrne JAG application, as well as any future grants under the Byrne JAG program.

On Oct. 12, DOJ filed its opposition to the preliminary injunction motion. DOJ argued that Philadelphia's policies were frustrating the federal government's ability to remove immigrants with criminal records from the country. DOJ also maintained that it had long imposed conditions on federal grant funds to aid law enforcement, including on the Byrne JAG program, and that Philadelphia's position would allow the City, not DOJ, to determine the conditions associated with a federal grant that Congress had authorized the DOJ to award.

On Oct. 19, a number of cities, legal scholars, and social/legal service organizations filed amicus briefs in support of the city's preliminary injunction motion.

On Nov. 15, 2017, the Court found that Philadelphia had demonstrated a likelihood of success on its claim that it substantially complied with § 1373, and enjoined the DOJ from rejecting Philadelphia's FY 2017 application for Byrne JAG funding. 2017 WL 5489476 (E.D. Pa. Nov. 15, 2017).

On Jan. 8, 2018, Philadelphia filed an amended complaint. Noting the Nov. 15 preliminary injunction order, the city alleged that DOJ had still failed to disburse the City's FY 2017 Byrne JAG grant, and sought a writ of mandamus to compel it to do so.

DOJ, however, appealed the District Court's preliminary injunction order to the Third Circuit Court of Appeals on Jan. 16 (docket no. 18-1103). DOJ argued that the District Court erred in evaluating Philadelphia's compliance with § 1373 in advance of any final agency action supported by the record. Further, according to DOJ, the District Court did not explain how Philadelphia was in substantial compliance with § 1373, over DOJ's objection that Philadelphia deliberately refused to comply.

In the District Court, DOJ moved to dismiss Philadelphia's amended complaint on Feb. 1, 2018, arguing that the challenged conditions were not unlawful under the Immigration and Nationality Act (INA), Administrative Procedure Act (APA), or Constitution. On Feb. 22, fifteen states and the District of Columbia filed an amicus brief supporting Philadelphia.

On Mar. 13, Judge Baylson denied DOJ's motion to dismiss. First, he held that Philadelphia's claims were ripe as challenges to final agency action under the APA. Next, Judge Baylson held that Philadelphia had advanced plausible arguments that the Byrne JAG statute did not authorize DOJ to impose the challenged conditions, and that DOJ had violated the APA, separation of powers doctrine, Spending Clause, and/or Tenth Amendment. Additionally, Philadelphia had made out a proper claim for a declaratory judgment that it complied with § 1373.

The parties filed summary judgment motions on Apr. 13. Judge Baylson held a three-day bench trial from Apr. 30 to May 2. Meanwhile, a series of cities and scholars filed amicus briefs in support of Philadelphia.

On June 6, 2018, Judge Baylson granted the city equitable relief, holding it was entitled to receive its JAG funding. 309 F. Supp. 3d 289. The court found that Philadelphia generally had "no knowledge whether a person is or is not a citizen." Because the government presented little evidence that Immigration and Customs Enforcement (ICE) could discern this information either, the court held that the Byrne JAG funding conditions were not useful. The court found that Philadelphia's policies were adopted in good faith and so as to protect individual civil rights. Indeed, the court found that "[t]he City assumes great risk if it violates individuals’ civil rights, which would, inter alia, subject the City to endless litigation and very expensive damage claims for violating civil rights of prisoners." Thus the court found that even if the funding conditions were valid, Philadelphia was in compliance or substantial compliance with the conditions.

On June 28, 2018, the court issued an additional memorandum to explain a portion of its June 6 decision providing that if a government agency "has probable cause to assert that an individual in the custody of the City of Philadelphia is a criminal alien...and seeks transfer to federal custody of such individual within a city facility, it shall secure an order from a judicial officer of the United States for further detention, as allowed by law." The court stated that this provision was necessary to ensure both the individual's rights by avoiding the use of immigration detainers, as well as the safety of the public since without the provision, the City would have to release individuals entitled to release. The court found that immigration detainers are not court orders and do not have legal effect.

The government appealed the decision to the Third Circuit (docket no. 18-2648).

On Feb. 15, 2019, the Third Circuit affirmed in part and vacated in part. First, the Court held that the challenged conditions were unlawfully imposed because Congress did not grant the Attorney General the authority to impose them. Thus, the Court affirmed the District Court's order to the extent it enjoined enforcement of the conditions against the plaintiff. Next, the Court held that the portion of the District Court's judgment establishing that a judicial warrant is necessary to transfer a criminal noncitizen to federal custody exceeded the scope of equitable relief required in the case. Accordingly, the Court vacated that part of the order. 916 F.3d 276.

The government filed a petition for rehearing, but the Third Circuit denied the request on June 24, 2019.

The government indicated an intention to seek a writ of certiorari from the U.S. Supreme Court, but as of Mar. 25, 2020, there has been no further action in the case. The case is ongoing.

Summary Authors

Ava Morgenstern (5/5/2018)

Virginia Weeks (7/25/2018)

Sam Kulhanek (3/25/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6145673/parties/the-city-of-philadelphia-v-sessions/


Judge(s)

Baylson, Michael M. (Pennsylvania)

Rendell, Marjorie O. (Pennsylvania)

Strawbridge, David R. (Pennsylvania)

Attorneys(s) for Plaintiff

Ahuja, Jasmeet K. (Pennsylvania)

Bowerman, Alexander B. (Pennsylvania)

Datla, Kirti (District of Columbia)

Gibson, Virginia A. (District of Columbia)

Heim, Robert C. (Pennsylvania)

Katyal, Neal Kumar (District of Columbia)

Leone, Judy Lee (Pennsylvania)

Judge(s)

Baylson, Michael M. (Pennsylvania)

Rendell, Marjorie O. (Pennsylvania)

Strawbridge, David R. (Pennsylvania)

Attorneys(s) for Plaintiff

Ahuja, Jasmeet K. (Pennsylvania)

Bowerman, Alexander B. (Pennsylvania)

Datla, Kirti (District of Columbia)

Gibson, Virginia A. (District of Columbia)

Heim, Robert C. (Pennsylvania)

Katyal, Neal Kumar (District of Columbia)

Leone, Judy Lee (Pennsylvania)

Pratt, Marcel S. (Pennsylvania)

Rosman, Lewis (Pennsylvania)

Sachse, Will W. (Pennsylvania)

Schuker, Daniel J.T. (District of Columbia)

Solow, Sara (Pennsylvania)

Swanson, Reedy C. (District of Columbia)

Tulante, Sozi Pedro (Pennsylvania)

Attorneys(s) for Defendant

Garg, Arjun (District of Columbia)

Hinshelwood, Brad (District of Columbia)

Lappen, Louis D. (District of Columbia)

McSwain, William M. (District of Columbia)

Percival, James H. II (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Rosenberg, Brad P. (District of Columbia)

Schwei, Daniel (District of Columbia)

Stern, Marc (District of Columbia)

St. Joseph, Anthony (Pennsylvania)

Tenny, Daniel (District of Columbia)

Tyler, John Russell (District of Columbia)

Westmoreland, Rachael (District of Columbia)

Westmoreland [inactive], Rachel Lynn (District of Columbia)

Other Attorney(s)

Amdur, Spencer (New York)

Balderas, Hector (New Mexico)

Becerra, Xavier (California)

Carter, Zachary W. (New York)

Davies, Jamison (New York)

Dearing, Richard (New York)

Denn, Matthew P. (Delaware)

Donovan, Thomas J. Jr. (Vermont)

Eisenstein, Ilana H. (Pennsylvania)

Ferguson, Robert W. (Washington)

Fleming, Mark (Illinois)

Frosh, Brian E. (Maryland)

Grewal, Gurbir (New York)

Grugan, John C. (Pennsylvania)

Healey, Maura T. (Massachusetts)

Jepsen, George (Connecticut)

Kasten, Mark A. (Pennsylvania)

Kramer, Gilda L. (Pennsylvania)

Leckerman, Jason A. (Pennsylvania)

Madigan, Lisa (Illinois)

McKee Vassallo, Emilia L. (Pennsylvania)

Melloy Goettel, Katherine E. (District of Columbia)

Miller, Thomas J. (Iowa)

Mills, Janet T. (Maine)

Narayan, Kavita Kandala (California)

Neff, Kristina (Pennsylvania)

Olsen, Caroline A. (New York)

Racine, Karl A. (District of Columbia)

Richards, Ira N. (Pennsylvania)

Rosenblum, Ellen F. (Oregon)

Sandick, Harry (New York)

Schwartz, Michael D. (New York)

Suzuki, Russell A. (Hawaii)

Tack-Hooper, Molly M. (Pennsylvania)

Trice, Laura Susan (California)

Walther, James T. (Pennsylvania)

Wofsy, Cody H. (California)

Documents in the Clearinghouse

Document

2:17-cv-03894

Docket [PACER]

The City of Philadelphia v. Sessions

July 2, 2019

July 2, 2019

Docket
1

2:17-cv-03894

Complaint For Declaratory and Injunctive Relief

Aug. 30, 2017

Aug. 30, 2017

Complaint
21

2:17-cv-03894

Plaintiff's Motion For Preliminary Injunction

Sept. 28, 2017

Sept. 28, 2017

Pleading / Motion / Brief
28

2:17-cv-03894

Memorandum In Opposition to Plaintiff's Motion For Preliminary Injunction

Oct. 12, 2017

Oct. 12, 2017

Pleading / Motion / Brief
50

2:17-cv-03894

Motion of Administrative Law, Constitutional Law, and Immigration Law Scholars for Leave to File an Amici Curiae Brief IN SUPPORT OF PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION

The City of Philadelphia v. Session

Oct. 19, 2017

Oct. 19, 2017

Pleading / Motion / Brief
46

2:17-cv-03894

Reply in Support of Motion for Preliminary Injunction

The City of Philadelphia v. Sessions

Oct. 19, 2017

Oct. 19, 2017

Pleading / Motion / Brief
49

2:17-cv-03894

Brief of Philadelphia Social and Legal Services Organizations as Amici Curiae in Support of Plaintiff's Motion for Preliminary Injunction

The City of Philadelphia v. Sessions

Oct. 19, 2017

Oct. 19, 2017

Pleading / Motion / Brief
61-1

2:17-cv-03894

Exhibit Attachment Letter

Oct. 27, 2017

Oct. 27, 2017

Correspondence
65

2:17-cv-03894

Plaintiff's Proposed Findings of Fact In Support of Motion For Preliminary Injunction

Nov. 1, 2017

Nov. 1, 2017

Pleading / Motion / Brief
70

2:17-cv-03894

Defendant's Supplemental Brief in Opposition to Plaintiff's Motion For Preliminary Injunction

Nov. 9, 2017

Nov. 9, 2017

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6145673/the-city-of-philadelphia-v-sessions/

Last updated June 2, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
4

NOTICE of Appearance by ALEXANDER B. BOWERMAN on behalf of THE CITY OF PHILADELPHIA with Certificate of Service(BOWERMAN, ALEXANDER) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER

Summons Issued as to USA

Aug. 30, 2017

Aug. 30, 2017

PACER
3

NOTICE of Appearance by SARA A. SOLOW on behalf of THE CITY OF PHILADELPHIA with Certificate of Service(SOLOW, SARA) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER
2

NOTICE of Appearance by JASMEET AHUJA on behalf of THE CITY OF PHILADELPHIA with Certificate of Service(AHUJA, JASMEET) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER

Summons 3 Issued as to JEFFERSON BEAUREGARD SESSIONS, III, 1- U.S. Attorney and 1-U.S. Attorney General Forwarded To: Counsel on 8/30/17 (tj, )

Aug. 30, 2017

Aug. 30, 2017

PACER
1

COMPLAINT against JEFFERSON BEAUREGARD SESSIONS, III ( Filing fee $ 400 receipt number 164834.), filed by THE CITY OF PHILADELPHIA. (Attachments: # 1 Ex 1, # 2 Ex 2, # 3 Ex 3, # 4 Ex 4, # 5 Ex 5, # 6 Ex 6, # 7 Ex 7, # 8 Ex 8, # 9 Ex 9, # 10 Ex 10, # 11 Ex 11, # 12 Ex 12, # 13 Ex 13, # 14 Ex 14, # 15 Ex 15, # 16 Ex 16, # 17 Civil Cover Sheets)(tj, ) (Entered: 08/30/2017)

1 Ex 1

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2 Ex 2

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3 Ex 3

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4 Ex 4

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5 Ex 5

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6 Ex 6

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7 Ex 7

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8 Ex 8

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9 Ex 9

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10 Ex 10

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11 Ex 11

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12 Ex 12

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13 Ex 13

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14 Ex 14

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15 Ex 15

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16 Ex 16

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17 Civil Cover Sheets

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Aug. 30, 2017

Aug. 30, 2017

PACER
5

Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (amas) (Entered: 09/01/2017)

Aug. 31, 2017

Aug. 31, 2017

PACER
9

ORDER THAT A PRETRIAL CONFERENCE TO DISCUSS CASE MANAGEMENT ISSUES ON 9/12/17 AT 1:30 P.M.; ETC.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 9/5/17. 9/5/17 ENTERED AND E-MAILED.(jl, ) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
8

NOTICE of Appearance by JUDY LEE LEONE on behalf of THE CITY OF PHILADELPHIA with Certificate of Service (Attachments: # 1 Certificate of Service)(LEONE, JUDY) (Entered: 09/05/2017)

1 Certificate of Service

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Sept. 5, 2017

Sept. 5, 2017

PACER
7

NOTICE of Appearance by ROBERT C. HEIM on behalf of THE CITY OF PHILADELPHIA with Certificate of Service (Attachments: # 1 Certificate of Service)(HEIM, ROBERT) (Entered: 09/05/2017)

1 Certificate of Service

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Sept. 5, 2017

Sept. 5, 2017

PACER
6

NOTICE of Appearance by WILL W. SACHSE on behalf of THE CITY OF PHILADELPHIA with Certificate of Service (Attachments: # 1 Certificate of Service)(SACHSE, WILL) (Entered: 09/05/2017)

1 Certificate of Service

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Sept. 5, 2017

Sept. 5, 2017

PACER
10

AFFIDAVIT re Summons Issued as to USA by THE CITY OF PHILADELPHIA. (GIBSON, VIRGINIA) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER
13

AFFIDAVIT re Summons Issued as to USA U.S. Attorney of Eastern District of Pennsylvania by THE CITY OF PHILADELPHIA. (GIBSON, VIRGINIA) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
12

ORDER THAT THE APPLICATION OF NEAL KATYAL, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 9/7/17.9/7/17 ENTERED AND ECF APPLICATION & COPIES MAILED, MAILED TO UNREP AND E-MAILED.(ti, ) Modified on 9/7/2017 (ti, ). (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
11

MOTION for Pro Hac Vice of Neal Katyal ( Filing fee $ 40 receipt number 0313-12308632.) filed by THE CITY OF PHILADELPHIA.Certificate of Service.(GIBSON, VIRGINIA) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
14

NOTICE of Appearance by ARJUN GARG on behalf of JEFFERSON BEAUREGARD SESSIONS, III with Certificate of Service(GARG, ARJUN) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
17

ORDER THAT THE DEFENDANT SHALL ANSWER, PLEAD OR OTHERWISE MOVE IN RESPONSE TO COMPLAINT NO LATER THAN 10/13/2017. IF A RULE 12 MOTION IS FILED, PLAINTIFF SHALL FILE ITS RESPONSE BY 10/27/2017 AND THE DEFENDANT MAY FILE A REPLY BRIEF BY 11/3/2017. ORAL ARGUMENT IS SET FOR 11/9/2017, AT 10:00 AM IN COURTROOM 3A, ETC. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 9/12/17. 9/12/17 ENTERED AND COPIES E-MAILED.(ti, ) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

PACER
16

NOTICE of Appearance by LEWIS ROSMAN on behalf of THE CITY OF PHILADELPHIA with Certificate of Service(ROSMAN, LEWIS) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

PACER
15

NOTICE of Appearance by MARCEL S. PRATT on behalf of THE CITY OF PHILADELPHIA with Certificate of Service(PRATT, MARCEL) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

PACER
18

Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON Pretrial Conference held on 9/12/17 Court Reporter: ESR. (ti, ) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
19

MOTION for Pro Hac Vice of Daniel J.T. Schuker ( Filing fee $ 40 receipt number 0313-12354770.) filed by THE CITY OF PHILADELPHIA.Certificate of Service.(SOLOW, SARA) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
24

NOTICE of Appearance by ANTHONY ST. JOSEPH on behalf of JEFFERSON BEAUREGARD SESSIONS, III with Certificate of Service(ST. JOSEPH, ANTHONY) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
23

AMENDED (time now stated) NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 9/29/2017 11:00 AM BEFORE HONORABLE MICHAEL M. BAYLSON. COUNSEL FOR PLAINTIFF SHALL INITIATE THIS TELEPHONE CONFERENCE AND WHEN ALL COUNSEL ARE ON THE LINE, CALL CHAMBERS AT 267-299-7520.(lds, ) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
22

NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 9/29/2017 11:00 AM BEFORE HONORABLE MICHAEL M. BAYLSON. COUNSEL FOR PLAINTIFF SHALL INITIATE THIS TELEPHONE CONFERENCE AND ONCE ALL COUNSEL ARE ON THE LINE, CALL CHAMBERS AT 267-299-7520.(lds, ) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
21

MOTION for Preliminary Injunction filed by THE CITY OF PHILADELPHIA.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E-1, # 8 Exhibit E-2, # 9 Exhibit E-3, # 10 Exhibit E-4, # 11 Exhibit F)(GIBSON, VIRGINIA) (Entered: 09/28/2017)

1 Memorandum

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2 Text of Proposed Order

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E-1

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8 Exhibit E-2

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9 Exhibit E-3

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10 Exhibit E-4

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11 Exhibit F

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Sept. 28, 2017

Sept. 28, 2017

PACER
20

ORDER THAT THE APPLICATION OF DANIEL J.T. SCHUKER, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 9/27/17.9/28/17 ENTERED AND ECF APPLICATION & COPIES MAILED, E-MAILED.(ti, ) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
26

SCHEDULING ORDER NO. 2 THAT THE DATES SET FORTH IN THE COURT'S ORDER OF 9/12/2017, FOR RESPONSES TO THE COMPLAINT WILL BE STAYED. DEFENDANT WILL FILE A RESPONSE TO THE MOTION FOR PRELIMINARY INJUNCTION, TOGETHER WITH ANY DECLARATIONS AND/OR SUPPORTING EXHIBITS BY 10/12/2017. ORAL ARGUMENT WILL TAKE PLACE ON 10/26/2017, AT 10:00 AM IN COURTROOM 3A. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 9/29/17. 9/29/17 ENTERED AND COPIES MAILED, E-MAILED.(ti, ) Modified on 9/29/2017 (ti, ). (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

RECAP
25

Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON Telephone Conference held on 9/29/17 (ti, ) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
27

ORDER THAT ANY AMICUS BRIEF ON THE PENDING 21 MOTION FOR PRELIMINARY INJUNCTION SHALL BE FILED NO LATER THAN 10/19/2017. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/6/17. 10/6/17 ENTERED AND COPIES E-MAILED.(ti, ) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

RECAP
28

MEMORANDUM in Opposition re 21 MOTION for Preliminary Injunction filed by JEFFERSON BEAUREGARD SESSIONS, III. Certificate of Service. (Attachments: # 1 Declaration of Alan R. Hanson, # 2 Declaration of Jim Brown, # 3 Text of Proposed Order)(GARG, ARJUN) Modified on 10/13/2017 (lisad, ). (Entered: 10/12/2017)

1 Declaration of Alan R. Hanson

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2 Declaration of Jim Brown

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3 Text of Proposed Order

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Oct. 12, 2017

Oct. 12, 2017

RECAP
29

NOTICE of Appearance by SOZI PEDRO TULANTE on behalf of THE CITY OF PHILADELPHIA (TULANTE, SOZI) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
33

Letter Response dated 10/17/2017 from Virginia A. Gibson (ti, ) (Entered: 10/18/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
32

Letter Request dated 10/16/2017 from Arjun Garg re: Witness Testimony (ti, ) (Entered: 10/18/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
31

Letter Request dated 10/13/2017 from Virginia A. Gibson re: Testimonial Evidence in Support of Motion for Preliminary Injunction (ti, ) (Entered: 10/18/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
30

ORDER THATTHE COURT WILL GRANT THE REQUEST OF PLAINTIFF TO PRESENT LIVE TESTIMONY AT THE HEARING ON 10/26/2017. THE HEARING ON 10/26/2017, WILL START AT 9:15 AM THROUGH 3:30 PM. FRIDAY, 10/27/2017, WILL BE AVAILABLE, IF NECESSARY. THE COURT WILL SCHEDULE ORAL ARGUMENT ON ISSUES RELEVANT ON THE CITY'S MOTION FOR PRELIMINARY INJUNCTION ON 11/2/2017, AT 10:00 AM IN COURTROOM 3A, ETC. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/17/17. 10/17/17 ENTERED AND COPIES E-MAILED.(ti, ) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
39

MOTION for Pro Hac Vice for Kavita Narayan, MOTION for Pro Hac Vice for Kavita Narayan ( Filing fee $ 40 receipt number 0313-12399758.) filed by COUNTY OF SANTA CLARA.Certificate of Service.(MCKEE VASSALLO, EMILIA) Modified on 10/20/2017 (lisad, ). (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
38

MOTION for Pro Hac Vice for Laura S. Trice ( Filing fee $ 40 receipt number 0313-12399720.) filed by COUNTY OF SANTA CLARA..(MCKEE VASSALLO, EMILIA) Modified on 10/20/2017 (lisad, ). (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
37

MOTION for Pro Hac Vice of Laura S. Trice filed by COUNTY OF SANTA CLARA.Certificate of Service.(MCKEE VASSALLO, EMILIA) *SEE DOC. 38 FOR RE-FILED MOTION* Modified on 10/19/2017 (lisad, ). Modified on 10/20/2017 (lisad, ). (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
36

NOTICE of Appearance by EMILIA L. MCKEE VASSALLO on behalf of COUNTY OF SANTA CLARA with Certificate of Service(MCKEE VASSALLO, EMILIA) Modified on 10/20/2017 (lisad, ). (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
35

NOTICE of Appearance by JOHN C. GRUGAN on behalf of COUNTY OF SANTA CLARA with Certificate of Service(GRUGAN, JOHN) Modified on 10/20/2017 (lisad, ). (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
34

NOTICE of Appearance by JASON A. LECKERMAN on behalf of COUNTY OF SANTA CLARA with Certificate of Service(LECKERMAN, JASON) Modified on 10/20/2017 (lisad, ). (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
52

NOTICE OF APPEARANCE, MOTION FOR LEAVE TO FILE BRIEF AS AMICI CURIAE IN SUPPORT OF PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION together with Certificate of Service filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION OF PENNSYLVANIA, ASIAN-AMERICANS ADVANCING JUSTICE - ASIAN LAW CAUCUS, NATIONAL IMMIGRANT JUSTICE CENTER, NORTHWEST IMMIGRANT RIGHTS PROJECT. (Attachments: # 1 Brief of Amici Curiae)(ti, ) (Attachment 1 replaced on 10/20/2017) (ti, ). Modified on 10/23/2017 (lisad, ). (Entered: 10/20/2017)

1 Brief of Amici Curiae

View on PACER

Oct. 19, 2017

Oct. 19, 2017

PACER
51

NOTICE of Appearance by ILANA H. EISENSTEIN on behalf of SOCIAL AND LEGAL SERVICES ORGANIZATIONS with Certificate of Service(ti, ) (Main Document 51 replaced on 10/20/2017) (ti, ). (Entered: 10/20/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
50

MOTION to File Amicus Brief filed by ADMINISTRATIVE LAW, CONSTITUTIONAL LAW, AND IMMIGRATION LAW SCHOLARS.Certificate of Service. (Attachments: # 1 Memorandum, # 2 Exhibit Proposed Brief, # 3 Text of Proposed Order)(RICHARDS, IRA) Modified on 10/20/2017 (lisad, ). (Entered: 10/19/2017)

1 Memorandum

View on PACER

2 Exhibit Proposed Brief

View on PACER

3 Text of Proposed Order

View on RECAP

Oct. 19, 2017

Oct. 19, 2017

RECAP
49

BRIEF in Support re 21 MOTION for Preliminary Injunction filed by SOCIAL AND LEGAL SERVICES ORGANIZATIONS. Certificate of Service.(KASTEN, MARK) Modified on 10/20/2017 (lisad, ). (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

RECAP
48

NOTICE of Appearance by KRISTINA NEFF on behalf of SOCIAL AND LEGAL SERVICES ORGANIZATIONS with Certificate of Service (Attachments: # 1 Certificate of Service)(NEFF, KRISTINA) (Entered: 10/19/2017)

1 Certificate of Service

View on PACER

Oct. 19, 2017

Oct. 19, 2017

PACER
47

NOTICE of Appearance by MARK ALLEN KASTEN on behalf of SOCIAL AND LEGAL SERVICES ORGANIZATIONS with Certificate of Service (Attachments: # 1 Certificate of Service)(KASTEN, MARK) (Entered: 10/19/2017)

1 Certificate of Service

View on PACER

Oct. 19, 2017

Oct. 19, 2017

PACER
46

REPLY in Support re 21 MOTION for Preliminary Injunction filed by THE CITY OF PHILADELPHIA. Certificate of Service. (GIBSON, VIRGINIA) Modified on 10/20/2017 (lisad, ). (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
45

BRIEF in Support 21 MOTION for Preliminary Injunction by COUNTY OF SANTA CLARA, THE CITY OF AUSTIN, TEXAS, THE CITY OF CAMBRIDGE, MASSACHUSETTS, THE CITY OF CHELSEA, MASSACHUSETTS, THE CITY OF CHICAGO, ILLINOIS, COOK COUNTY, ILLINOIS, THE CITY AND COUNTY OF DENVER, COLORADO, THE DISTRICT OF COLUMBIA, THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION, THE INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION, THE CITY OF IOWA CITY, IOWA, KING COUNTY, WASHINGTON, THE CITY OF LOS ANGELES, CALIFORNIA, THE CITY OF MADISON, WISCONSIN, THE METROPOLITAN AREA PLANNING COUNCIL, THE NATIONAL LEAGUE OF CITIES, THE CITY OF NEW YORK, NEW YORK, THE CITY OF OAKLAND, CALIFORNIA, THE CITY OF PITTSBURGH, PENNSYLVANIA, THE CITY OF PORTLAND, OREGON, THE CITY OF PROVIDENCE, RHODE ISLAND, THE CITY OF ROCHESTER, NEW YORK, THE CITY OF SACRAMENTO, CALIFORNIA, THE CITY AND COUNTY OF SAN FRANCISCO, CALIFORNIA, THE COUNTY OF SANTA CRUZ, CALIFORNIA, THE CITY OF SEATTLE, WASHINGTON, THE CITY OF SOMERVILLE, MASSACHUSETTS, THE UNITED STATES CONFERENCE OF MAYORS and THE CITY OF WEST HOLLYWOOD, CALIFORNIA, THE CITY OF NEW YORK, NEW YORK, THE CITY OF MADISON, WISCONSIN, THE CITY OF SOMERVILLE, MASSACHUSETTS, THE CITY AND COUNTY OF SAN FRANCISCO, CALIFORNIA, THE CITY OF CHICAGO, ILLINOIS, THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION, THE CITY OF SEATTLE, WASHINGTON, THE CITY OF OAKLAND, CALIFORNIA, THE COUNTY OF SANTA CRUZ, CALIFORNIA, THE UNITED STATES CONFERENCE OF MAYORS, THE CITY OF SACRAMENTO, CALIFORNIA, THE CITY OF AUSTIN, TEXAS, THE CITY OF ROCHESTER, NEW YORK, THE CITY OF CAMBRIDGE, MASSACHUSETTS, THE CITY OF WEST HOLLYWOOD, CALIFORNIA, THE NATIONAL LEAGUE OF CITIES, THE CITY OF PORTLAND, OREGON, THE METROPOLITAN AREA PLANNING COUNCIL, THE CITY OF PITTSBURGH, PENNSYLVANIA, KING COUNTY, WASHINGTON, COOK COUNTY, ILLINOIS, THE CITY OF CHELSEA, MASSACHUSETTS, THE CITY OF IOWA CITY, IOWA, THE INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION, THE CITY OF LOS ANGELES, CALIFORNIA, THE CITY OF PROVIDENCE, RHODE ISLAND, THE DISTRICT OF COLUMBIA, THE CITY AND COUNTY OF DENVER, COLORADO. (GRUGAN, JOHN) Modified on 10/19/2017 (amas). Modified on 10/20/2017 (lisad, ). (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

RECAP
44

MOTION for Pro Hac Vice Michael Schwartz ( Filing fee $ 40 receipt number 0313-12402799.) filed by ADMINISTRATIVE LAW, CONSTITUTIONAL LAW, AND IMMIGRATION LAW SCHOLARS .Certificate of Service.(RICHARDS, IRA) Modified on 10/19/2017 (nd, ). Modified on 10/20/2017 (lisad, ). (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
43

MOTION for Pro Hac Vice Jamison Davies ( Filing fee $ 40 receipt number 0313-12402757.) filed by ADMINISTRATIVE LAW, CONSTITUTIONAL LAW, AND IMMIGRATION LAW SCHOLARS, Certificate of Service.(RICHARDS, IRA) Modified on 10/19/2017 (nd, ). Modified on 10/20/2017 (lisad, ). (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
42

MOTION for Pro Hac Vice ( Filing fee $ 40 receipt number 0313-12402610.) filed by ADMINISTRATIVE LAW, CONSTITUTIONAL LAW, AND IMMIGRATION LAW SCHOLARS, Certificate of Service.(RICHARDS, IRA) Modified on 10/19/2017 (nd, ). Modified on 10/20/2017 (lisad, ). (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
41

ORDER THAT THE APPLICATION OF LAURA S. TRICE, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/19/17.10/19/17 ENTERED AND ECF APPLICATION & COPIES MAILED, E-MAILED.(ti, ) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
40

ORDER THAT THE APPLICATION OF KAVITA NARAYAN, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/19/17. 10/19/17 ENTERED AND COPIES E-MAILED.(ti, ) Modified on 10/20/2017 (lisad, ). (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
58

NOTICE in Response by THE CITY OF PHILADELPHIA re 30 Order,, Set Motion and R&R Deadlines/Hearings, . Certificate of Service. (GIBSON, VIRGINIA) Modified on 10/23/2017 (lisad, ). (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
57

Notice of Filing of Official Transcript with Certificate of Service re 56 Transcript - PDF,, 10/20/17 Entered and Copies Emailed and Mailed. (ti, ) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
56

TRANSCRIPT of Pretrial Conference held on September 12, 2017, before Judge Michael M. Baylson. Court Reporter/Transcriber Lawrence Court Transcription. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/13/2017. Redacted Transcript Deadline set for 11/20/2017. Release of Transcript Restriction set for 1/18/2018. (ti, ) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

RECAP
55

ORDER THAT THE APPLICATION OF MICHAEL D. SCHWARTZ, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/19/17.10/20/17 ENTERED AND ECF APPLICATION & COPIES MAILED, E-MAILED.(ti, ) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
54

ORDER THAT THE APPLICATION OF HARRY SANDICK, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/19/17.10/20/17 ENTERED AND ECF APPLICATION & COPIES MAILED, E-MAILED.(ti, ) (Main Document 54 replaced on 10/20/2017) (ti, ). (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
53

ORDER THAT THE APPLICATION OF JAMISON DAVIES, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/19/17. 10/20/17 ENTERED AND ECF APPLICATION & COPIES MAILED AND E-MAILED.(ti, ) (Main Document 53 replaced on 10/20/2017) (ti, ). (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
59

NOTICE by JEFFERSON BEAUREGARD SESSIONS, III Regarding October 26, 2017 Hearing (GARG, ARJUN) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
62

Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON: Evidentiary Hearing held on 10/26/2017 re 21 MOTION for Preliminary Injunction filed by THE CITY OF PHILADELPHIA; Court Reporter: ESR. (aeg) (Entered: 10/27/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER
60

NOTICE of Hearing on Motion 21 MOTION for Preliminary Injunction :MOTION HEARING SET FOR 11/2/2017 09:30 AM IN COURTROOM 3A BEFORE HONORABLE MICHAEL M. BAYLSON.ALSO, PLEASE NOTE, PROPOSED FINDINGS OF FACT ON THE SECTION 1373 ISSUE ARE DUE FOR FILING NO LATER THAN 11/1/2017 12:00 NOON.(lds, ) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER
61

NOTICE by THE CITY OF PHILADELPHIA of Response to Department of Justice (Attachments: # 1 Exhibit Letter Attachment)(GIBSON, VIRGINIA) (Entered: 10/27/2017)

1 Exhibit Letter Attachment

View on PACER

Oct. 27, 2017

Oct. 27, 2017

PACER
63

NOTICE of Appearance by CHAD A. READLER on behalf of JEFFERSON BEAUREGARD SESSIONS, III (READLER, CHAD) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
65

Proposed Findings of Fact in Support re 21 MOTION for Preliminary Injunction by THE CITY OF PHILADELPHIA. Certificate of Service (Attachments: # 1 Exhibit Transcript Attachment)(GIBSON, VIRGINIA) Modified on 11/2/2017 (lisad, ). (Entered: 11/01/2017)

1 Exhibit Transcript Attachment

View on PACER

Nov. 1, 2017

Nov. 1, 2017

RECAP
64

Proposed Findings of Fact Regarding Section 1373 Issue by JEFFERSON BEAUREGARD SESSIONS, III. Certificate of Service (GARG, ARJUN) Modified on 11/2/2017 (lisad, ). (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
66

Audio File 9:15 10/26/2017, regarding HEARING held on 10/26/2017, before HONORABLE MICHAEL M. BAYLSON (pk, ) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
67

Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON Oral Argument held on 11/2/17 Court Reporter: ESR. (ti, ) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
69

Notice of Filing of Official Transcript with Certificate of Service re 68 Transcript - PDF,, 11/6/17 Entered and Copies Emailed and Mailed. (ti, ) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
68

TRANSCRIPT of Evidentiary Hearing held on 10/26/17, before Judge Michael M. Baylson. Court Reporter/Transcriber AEQUUM Legal Transcription. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/27/2017. Redacted Transcript Deadline set for 12/7/2017. Release of Transcript Restriction set for 2/4/2018. (ti, ) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

RECAP
71

Supplemental BRIEF in Support re 21 MOTION for Preliminary Injunction filed by THE CITY OF PHILADELPHIA. Certificate of Service. (GIBSON, VIRGINIA) Modified on 11/13/2017 (lisad, ). (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
70

Supplemental BRIEF in Opposition re 21 MOTION for Preliminary Injunction filed by JEFFERSON BEAUREGARD SESSIONS, III. Certificate of Service. (GARG, ARJUN) Modified on 11/13/2017 (lisad, ). (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

RECAP
73

Notice of Filing of Official Transcript with Certificate of Service re 72 Transcript - PDF,, 11/13/2017 Entered and Copies Emailed. (sg, ) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
72

TRANSCRIPT of ORAL ARGUMENT held on 11/2/2017, before Judge MICHAEL M. BAYLSON. Court Reporter/Transcriber AEQUUM LEGAL TRANSCRIPTION SERVICES. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 12/4/2017. Redacted Transcript Deadline set for 12/14/2017. Release of Transcript Restriction set for 2/11/2018. (sg, ) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
78

Brief of Amici Curiae in Support of Plaintiff's MOTION for Preliminary Injunction, together with Certificate of Service filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION OF PENNSYLVANIA, ASIAN-AMERICANS ADVANCING JUSTICE - ASIAN LAW CAUCUS, NATIONAL IMMIGRANT JUSTICE CENTER, NORTHWEST IMMIGRANT RIGHTS PROJECT. (ti, ) (Entered: 11/16/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
77

Brief Amici Curiae in Support of Plaintiff's MOTION for a Preliminary Injunction, together with Certificate of Service filed by ADMINISTRATIVE LAW, CONSTITUTIONAL LAW, AND IMMIGRATION LAW SCHOLARS. (ti, ) (Entered: 11/16/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
76

ORDER THAT THE COURT GRANTS THE MOTIONS FOR LEAVE TO FILE AMICUS BRIEFS ECF 50, ECF 52 . SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/15/17.11/16/17 ENTERED AND COPIES E-MAILED.(ti, ) (Entered: 11/16/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
75

ORDER THAT UPON CONSIDERATION OF THE MOTION FOR PRELIMINARY INJUNCTION FILED BY PLAINTIFF CITY OF PHILADELPHIA, IT IS HEREBY ORDERED THAT PHILADELPHIA'S MOTION IS GRANTED. IT IS ORDERED THAT DEFENDANT AND HIS ASSISTANTS, DEPUTIES, AGENTS, DESIGNEES, AND SUBORDINATES, AS WELL AS ANY PERSON ACTING IN CONCERT OR PARTICIPATION WITH THEM, ARE ENJOINED FROM REJECTING PHILADELPHIA'S FY 2017 APPLICATION FOR BYRNE JAG FUNDING OR WITHHOLDING ANY FY 2017 BYRNE JAG FUNDING FROM PHILADELPHIA BASED ON PHILADELPHIA'S CERTIFICATION OF COMPLIANCE WITH 8 U.S.C. 1373, ETC. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/15/17. 11/15/17 ENTERED AND COPIES E-MAILED.(ti, ) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

RECAP
74

MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/15/17. 11/15/17 ENTERED AND COPIES E-MAILED.(ti, ) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

RECAP
79

ORDER THAT PRETRIAL CONFERENCE SET FOR 12/13/2017 10:00 AM IN JUDGE CHAMBERS BEFORE HONORABLE MICHAEL M. BAYLSON. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/21/17. 11/21/17 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, ) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

RECAP
80

NOTICE of Hearing (NEW DATE): RULE 16 PRETRIAL CONFERENCE SET FOR 12/20/2017 10:00 AM IN COURTROOM 3A BEFORE HONORABLE MICHAEL M. BAYLSON. *DATE CHANGED FROM 12/13/17 (SEE PRETRIAL ORDER DATED 11/21/17).*(lds, ) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

PACER
81

Proposed Case Management Plan by JEFFERSON BEAUREGARD SESSIONS, III. (GARG, ARJUN) (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER
82

Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON RULE 16 HEARING held on 12/20/17. Court Reporter: ESR. (jl, ) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
83

SCHEDULING ORDER THAT THE COURT WILL HOLD A PRETRIAL CONFERENCE IN THIS CASE ON 1/24/2018 AT 10:00 AM TO DISCUSS DISCOVERY AND ANY OTHER PRETRIAL MATTERS. THE CITY SHALL FILE AN AMENDED COMPLAINT AS OF 1/5/2018, ETC. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/21/17. 12/22/17 ENTERED AND COPIES E-MAILED.(ti, ) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

RECAP
84

AMENDED COMPLAINT FOR DECLARATORY, INJUNCTIVE, AND MANDAMUS RELIEF against JEFFERSON BEAUREGARD SESSIONS, III, filed by THE CITY OF PHILADELPHIA.(ti, ) (Entered: 01/09/2018)

Jan. 8, 2018

Jan. 8, 2018

RECAP
85

MOTION to Withdraw the Appearance of Daniel J.T. Schuker as Counsel filed by THE CITY OF PHILADELPHIA..(GIBSON, VIRGINIA) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
86

NOTICE OF APPEAL as to 75 Order (Memorandum and/or Opinion),, 74 Memorandum and/or Opinion by JEFFERSON BEAUREGARD SESSIONS, III. NO FILING FEE REQUIRED. Copies to Judge, Clerk USCA, Appeals Clerk. Certificate of Service. (GARG, ARJUN) Modified on 1/16/2018 (lisad, ). (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

RECAP
90

NOTICE of Docketing Record on Appeal from USCA re 86 Notice of Appeal, filed by JEFFERSON BEAUREGARD SESSIONS, III. USCA Case Number 18-1103 (dmc, ) (Entered: 01/19/2018)

Jan. 18, 2018

Jan. 18, 2018

PACER
88

ORDER THAT THE COURT HAVING ADVISED THE PARTIES OF THE INTENTION TO APPOINT A MASTER, AND COUNSEL FOR DEFENDANTS HAVING PROPOSED MAGISTRATE JUDGE DAVID R. STRAWBRIDGE FOR THIS POSITION, AND THE COURT HAVING ASCERTAINED THAT JUDGE STRAWBRIDGE IS AVAILABLE, THE COURT APPOINTS THE HONORABLE DAVID R. STRAWBRIDGE AS MASTER IN THIS CASE AS OUTLINED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 1/18/18. Motions referred to DAVID R. STRAWBRIDGE. 1/18/18 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, ) (Entered: 01/18/2018)

Jan. 18, 2018

Jan. 18, 2018

PACER
87

AFFIDAVIT OF HONORABLE DAVID R. STRAWBRIDGE. SIGNED BY MAGISTRATE JUDGE DAVID R. STRAWBRIDGE ON 1/18/18. 1/18/18 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, ) (Entered: 01/18/2018)

Jan. 18, 2018

Jan. 18, 2018

PACER
93

NOTICE by JEFFERSON BEAUREGARD SESSIONS, III re 88 Order Referring Case to Magistrate Judge - Special Master, (GARG, ARJUN) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

RECAP
92

MOTION for Extension of Time to File Answer re 84 Amended Complaint (Unopposed) filed by JEFFERSON BEAUREGARD SESSIONS, III.Certificate of Counsel and Certificate of Service. (Attachments: # 1 Text of Proposed Order)(GARG, ARJUN) (Entered: 01/19/2018)

1 Text of Proposed Order

View on PACER

Jan. 19, 2018

Jan. 19, 2018

PACER
91

AMENDED NOTICE of Hearing: TELEPHONE STATUS CONFERENCE SET FOR 1/22/2018 AT 09:30 AM BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE. (va, ) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
89

NOTICE of Hearing: STATUS CONFERENCE VIA TELEPHONE SET FOR 1/22/2018 09:30 AM BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE. COUNSEL FOR PLAINTIFF IS DIRECTED TO INITIATE THE CALL. (CHAMBERS PH. 267-299-7790)(dp, ) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
96

Minute Entry for proceedings held before MAGISTRATE JUDGE DAVID R. STRAWBRIDGE Status Conference held on 1/22/18. (jaa, ) Modified on 1/23/2018 (jaa, ). Court Reporter: ESR. (Entered: 01/23/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
95

ORDER THAT THE 92 MOTION FOR EXTENSION OF TIME TO ANSWER THE COMPLAINT IS GRANTED. DEFENDANT SHALL RESPOND TO THE AMENDED COMPLAINT BY 2/2/2018.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 1/22/2018.1/22/2018 ENTERED AND COPIES E-MAILED.(kp, ) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
94

MOTION to Stay Imminent Deadlines in Light of Lapse of Appropriations (Unopposed) filed by JEFFERSON BEAUREGARD SESSIONS, III.Certificate of Counsel and Certificate of Service. (Attachments: # 1 Text of Proposed Order)(GARG, ARJUN) (Entered: 01/22/2018)

1 Text of Proposed Order

View on PACER

Jan. 22, 2018

Jan. 22, 2018

RECAP
97

NOTICE by JEFFERSON BEAUREGARD SESSIONS, III re 94 MOTION to Stay Imminent Deadlines in Light of Lapse of Appropriations (Unopposed) Withdrawal of Motion (GARG, ARJUN) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER
99

Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON Pretrial Conference held on 1/24/18. COURT REPORTER: ESR. (jaa, ) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: Aug. 30, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The City of Philadelphia

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Attorney General , Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Funding

Immigration/Border:

Sanctuary city/state

Undocumented immigrants - state and local regulation