Case: City of San Jose v. Trump

3:17-cv-05329 | U.S. District Court for the Northern District of California

Filed Date: Sept. 14, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This suit, brought on September 14, 2017, challenged President Trump's revocation of Deferred Action for Childhood Arrivals (DACA). The plaintiff was the City of San Jose, and it argued that the rescission violated the due process clause of the Fifth Amendment and the Administrative Procedure Act (APA). The City sought a declaration that rescinding DACA was unlawful, and an injunction to halt the rescission and any steps to deport DACA recipients. The background leading up to this case was leng…

This suit, brought on September 14, 2017, challenged President Trump's revocation of Deferred Action for Childhood Arrivals (DACA). The plaintiff was the City of San Jose, and it argued that the rescission violated the due process clause of the Fifth Amendment and the Administrative Procedure Act (APA). The City sought a declaration that rescinding DACA was unlawful, and an injunction to halt the rescission and any steps to deport DACA recipients.

The background leading up to this case was lengthy. In 2012, the Obama administration created the DACA program via DHS policy statements. The program offered work permits and temporary protection from deportation to undocumented immigrants who had been brought to the United States as children, as long as they met certain criteria. As of 2017, there were an estimated 800,000 DACA recipients. On September 5, 2017, President Trump announced that he was ending the program in March unless Congress acted within the next six months. As the complaint highlighted, the Obama administration made key promises to immigrants: that any information they provided in the application process would not be used for immigration enforcement, and that barring criminal activity or fraud in their DACA applications, DACA recipients would be able to renew their status and keep their benefits.

In the complaint, San Jose noted that over a quarter of DACA recipients lived in California. The complaint emphasized that San Jose, the tenth-largest city in America, "has always been a place for immigrants[,] with almost 40% of its current population having been born in another country." San Jose further noted that the city employed many DACA recipients, and that the federal government's actions would cause San Jose to experience a significant loss of tax revenue and loss of experienced employees. San Jose alleged that DACA rescission violated Fifth Amendment Due Process rights by targeting individuals for discriminatory treatment based on their national origin without lawful justification. It also alleged that defendants had violated the APA by carrying out government action without first going through notice and comment.

The case was initially assigned to Magistrate Judge Susan van Keulen on Sept. 14, and reassigned to Judge William Alsup on Sept. 21 after the case was related to Regents of the University of California v. Department of Homeland Security (No. 17-cv-05211), Garcia v. USA (No. 17-cv-5380), and State of California v. DHS (No. 17-cv-5235). The case was later related to County of Santa Clara v. Trump (No. 17-cv-05813).

On Oct. 6, in a related challenge led by Regents of University of California before this judge, the government filed the administrative record, available here, which included a series of government documents pertaining to DACA from its inception to the decision to rescind it. On Oct. 17, after the University in the related case moved to compel the defendants to complete the administrative record, the court ordered them to do so in all related cases, including this one.

The court ultimately found that the defendants did not produce all documents leading to the rescission, specifically related documents that Acting Secretary Duke did not directly review. The defendants moved to stay further proceedings at this court on Oct. 18 in light of their intent to appeal this ruling to the Ninth Circuit. The court denied staying proceedings on Oct. 19, and the defendants appealed the next day by filing a petition for a writ of mandamus and an emergency motion for stay. On Oct. 23, the district court replied to the Ninth Circuit's invitation to answer the government's petition stating it would not stay proceedings in light of the narrow window of time until the DACA ended on March 5, 2018.

On Nov. 16, the Ninth Circuit denied defendants' motion for a writ of mandamus, and the District Court immediately ordered the federal government to file an augmented administrative record by Nov 22. On Nov. 17, the federal government filed an emergency motion noting that it intended to file an application for mandamus with the Supreme Court no later than Nov. 20, and requesting that the Ninth Circuit stay its order pending the Supreme Court's resolution of the forthcoming petition. On Nov. 21, the Ninth Circuit dismissed the federal government's motion, holding that jurisdiction lied with the District Court and instructing the federal government that further relief must be sought in a new petition for mandamus.

Meanwhile, in the District Court, Judge Alsup on Nov. 20 agreed to stay all discovery until Dec. 22, at which point the augmented administrative record would be due.

On Dec. 1, 2017, the government filed notice that they appealed the Ninth's Circuit denial of mandamus relief and applied for a stay to the Supreme Court. On Dec. 21 in a per curiam opinion, the Supreme Court vacated the Ninth Circuit's denial and remanded the case. The Court held that the district court should have stayed the order compelling the government to complete the administrative record. The Supreme Court stated that the lower court should have "first resolved the Government's threshold arguments (that the Acting Secretary's determination to rescind DACA was unreviewable because it was "committed to agency discretion," 5 U. S. C. §701(a)(2), and that the Immigration and Nationality Act deprived the District Court of jurisdiction). Either of those arguments, if accepted, likely would eliminate the need for the District Court to examine a complete administrative record." 583 U.S. ____ (2017). The same day, the district court stayed the order compelling the government to complete the administrative record.

On Jan. 9, 2018, the district court denied the government's Nov. 1, 2017 motion to dismiss for lack of jurisdiction, and provided provisional relief to the plaintiffs. The order indicated the court would separately deny the government's motion to dismiss for failure to state a claim upon which relief could be granted. The court ordered a nationwide preliminary injunction, ordering that DACA remain in effect on the same terms and conditions that existed prior to the rescission. However, the government did not need to process new applications from individuals who never before received deferred action. The court then granted in part and denied in part the government's motion to dismiss on Jan. 12, dismissing the plaintiffs' Regulatory Flexibility Act and equitable estoppel claims as well the individual plaintiffs' declaratory relief claims. The court sustained the plaintiffs' APA, due process, and equal protection claims (with a few exceptions from the various complaints of the related cases).

The government appealed to the Ninth Circuit on Jan. 16, 2018, and also sought certiorari from the Supreme Court on Jan. 18 while the Ninth Circuit appeal was pending, arguing that the Supreme Court's immediate review was warranted because of how long the appeal would take in the Ninth Circuit and how time-sensitive the issue was. The Supreme Court denied certiorari without prejudice on Feb. 26, 2018, indicating the assumption of the justices "that the Court of Appeals will proceed expeditiously to decide this case."

The related cases were consolidated in the Ninth Circuit for the purposes of appeal. UC Regents, et al v. USA, et al, Case Number 18-80037 USCA 9th Circuit March 19, 2018. In February and March 2018, the parties and amici filed their briefs, which can be found here.

The Ninth Circuit (Judges Kim McLane Wardlaw, Jacqueline H. Nguyen, and John B. Owens) affirmed the district court's rulings on Nov. 8, 2018. The panel held that "DACA was a permissible exercise of executive discretion" and the government's belief that DACA was illegal was wrong. 2018 WL 5833232. Thus, the panel concluded that the plaintiffs were likely to succeed on the merits in showing that the rescission was arbitrary and capricious under the APA. The panel also held that a nationwide injunction was appropriate because it "promotes uniformity in immigration enforcement, and is necessary to provide the plaintiffs here with complete redress." Id.

The defendants petitioned the Supreme Court of the U.S. for a writ of certiorari on Nov. 5, 2018.

On June 28, 2019, the Supreme Court granted writs of certiorari in three DACA cases: Regents of University of California v. U.S. Department of Homeland Security, Batalla Vidal v. Nielsen, and NAACP v. Trump, all of which were pending before different circuit courts of appeal. The Court consolidated the three cases (No. 18-587).

The Supreme Court heard oral argument on November 12, 2019, on the issues of whether DHS's decision to wind down the DACA policy is judicially reviewable and whether DHS’s decision to rescind DACA is lawful. On June 18, 2020, in an opinion by Chief Justice Roberts (joined by Justices Ginsburg, Breyer, Kagan, and Sotomayor), the Court held that the DACA rescission was subject to judicial review under the APA, that the DHS secretary had offered insufficient justification to rescind the program, and that the rescission was unlawful, arbitrary, and capricious in violation fo the APA. 140 S. Ct. 1891.

Following the Supreme Court's decision, in another case challenging the DACA recession, Casa De Maryland v. U.S. Department of Homeland Security, the Fourth Circuit issued a mandate to reinstate DACA and set aside the recession memo on a nationwide basis on June 30, 2020. On July 17, 2020, the District Court of Maryland ordered DHS to reinstate DACA as it existed before the issuance of the recession memo and ordered DHS to resume accepting initial DACA applications.

However, Acting Secretary of Homeland Security Chad Wolf instead issued a memorandum entitled "Reconsideration of the June 15, 2012 Memorandum Entitled 'Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children" on July 28, 2020 ("Wolf Memorandum"). In this memo, Acting Secretary Wolf stated that he would reconsider DACA's future in light of the Supreme Court's decision. In the interim, the memo instructed USCIS to reject all initial requests for DACA, to only grant advance parole to current DACA beneficiaries in exceptional circumstances, and grant DACA renewals for only one-year, rather than two-year, periods. Later in August, Deputy Director for Policy for USCIS Joseph Edlow issued a memorandum implementing the Wolf Memorandum.

On August 4, 2020, the Ninth Circuit remanded the case to the district court for further action consistent with the opinion of the Supreme Court.

In response to the Wolf Memorandum, the plaintiffs filed an amended complaint on November 3, 2020. In the amended complaint, the plaintiffs substituted some of the defendants to reflect new individuals occupying the relevant roles and to add additional responsible officials, including Deputy Director for Policy Edlow. The amended complaint argued that Acting Secretary Wolf's actions were invalid under the Federal Vacancies Reform Action, Homeland Security Act, and the Appointments Clause of the Constitution because he lacked proper authority to issue the Wolf Memorandum. In addition, the plaintiffs argued that the Wolf Memorandum and Edlow Memorandum violated the APA because Wolf and Edlow acted in an arbitrary and capricious manner. The plaintiffs sought declaratory relief and an injunction preventing the defendants from altering or limiting DACA program and vacating the Wolf and Edlow Memoranda.

Before any additional activity on the amended complaint in this case, on December 4, the court in another case challenging the Wolf Memorandum,Batalla Vidal v. Nielsen and State of New York v. Trump, ordered DHS to fully reinstate DACA as it existed prior to the attempted recession in September 2017 after it found that Acting Secretary Wolf was not lawfully serving as Acting Secretary. The order required DHS to accept initial DACA applications, accept advance parole applications, and grant DACA renewals for two-years. On December 7, 2020 USCIS updated their website and indicated that effective that day, USCIS would accept initial applications, extend one-year DACA renewals to two-years, and accept applications for advance parole.

Then, in early 2021, President Biden took office. On the day of his inauguration (January 20, 2021), President Biden signed a memorandum directing DHS and the Attorney General “to preserve and fortify DACA.” In light of potential additional agency action to implement the memorandum, the parties filed a joint stipulation to stay further proceedings and vacate pending deadlines on March 22, 2021. They agreed to provide the court with status updates every 60 days. The first is due May 24, 2021. This case is ongoing.

Summary Authors

Julie Aust (11/21/2017)

Virginia Weeks (11/8/2018)

Sam Kulhanek (2/17/2019)

Eva Richardson (5/18/2019)

Sam Kulhanek (2/14/2020)

Emily Kempa (5/14/2021)

Related Cases

State of New York v. Trump, Eastern District of New York (2017)

Regents of University of California v. U.S. Department of Homeland Security, Northern District of California (2017)

State of California v. Department of Homeland Security, Northern District of California (2017)

Garcia v. United States of America, Northern District of California (2017)

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

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6152435/parties/city-of-san-jose-v-trump/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Alsup, William Haskell (California)

Gorsuch, Neil M. (District of Columbia)

Gould, Ronald Murray (Washington)

Kavanaugh, Brett M. (District of Columbia)

Kim, Sallie (California)

Roberts, John Glover Jr. (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Thomas, Clarence (District of Columbia)

Wardlaw, Kim McLane (California)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Alsup, William Haskell (California)

Gorsuch, Neil M. (District of Columbia)

Gould, Ronald Murray (Washington)

Kavanaugh, Brett M. (District of Columbia)

Kim, Sallie (California)

Roberts, John Glover Jr. (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Thomas, Clarence (District of Columbia)

Wardlaw, Kim McLane (California)

Watford, Paul Jeffrey (California)

Attorneys(s) for Plaintiff

Becerra, Xavier (California)

Berengaut, Alexander A. (District of Columbia)

Berger, Justin Theodore (California)

Breuer, Lanny A. (District of Columbia)

Carter-Oberstone, Max (California)

Chuang, Christine (California)

Cotchett, Joseph W. (California)

Crowley, Megan Anne (District of Columbia)

Danitz, Brian (California)

Davidson, Jeffrey Michael (California)

Doyle, Richard (California)

DuMont, Edward C. (District of Columbia)

Ellison, Keith (Minnesota)

Fineman, Nancy L. (California)

Fretz, Rebekah A (California)

Fretz [inactive], Rebekah A. (California)

Frey, Aaron M (Maine)

Frimann, Nora Valerie (California)

Frosh, Brian E. (Maryland)

Hansen, Greta Suzanne (California)

Herman, Susan P. (Maine)

Kieschnick, Hannah (California)

Lee, Ronald H. (California)

Leyton, Stacey M. (California)

Lynch, Mark H. (District of Columbia)

Mongan, Michael J. (California)

Newman, Michael L. (California)

Passe, Julianna F. (Minnesota)

Patwardhan, Kimberly L (Maine)

Prevost, Tamarah P. (California)

Quinones, Marcelo (California)

Radez, Kathleen Vermazen (California)

Richards, Janill L. (California)

Rodriquez, Matthew (California)

Rosenbaum, Mark Dale (California)

Shivpuri, Shubhra (California)

Sullivan, Steven M. (Maryland)

Trice, Laura Susan (California)

Williams, James R. (Georgia)

Zahradka, James F. II (California)

Attorneys(s) for Defendant

Bailey, Kate (District of Columbia)

Boynton, Brian M (District of Columbia)

Leheny, Emma (District of Columbia)

Mooppan, Hashim M. (District of Columbia)

Pezzi, Stephen M. (District of Columbia)

Pulham, Thomas (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Rosenberg, Brad P. (District of Columbia)

Shumate, Brett (District of Columbia)

Stern, Marc (District of Columbia)

Stretch, Brian (District of Columbia)

Tse, Alex G. (California)

Wright, Abby C. (District of Columbia)

Other Attorney(s)

Chopra, Apalla U (California)

Dettmer, Ethan D. (California)

Gray, Danielle C. (New York)

Karanjia, Peter (District of Columbia)

Sokoler, Jennifer B (New York)

Wall, Michael Edwin (California)

Documents in the Clearinghouse

Document

3:17-cv-05329

15-35845

Docket [PACER]

April 11, 2019

April 11, 2019

Docket
1

3:17-cv-05329

Complaint For (1) Violation of Fifth Amendment Equal Protection and (2) Violation of 5 U.S.C. §§ 553 & 706(2)(D)

Sept. 14, 2017

Sept. 14, 2017

Complaint
30

3:17-cv-05329

Order Re Motion to Complete Administrative Record

City Of San Jose v. Trump

Oct. 17, 2017

Oct. 17, 2017

Order/Opinion
31

3:17-cv-05329

Order to Compile Supplement Forthwith

Regents of the University of California v. Trump

Oct. 18, 2017

Oct. 18, 2017

Order/Opinion
33

3:17-cv-05329

Order Re Motion to Stay Proceedings

Regents of the University of California v. U.S. Department of Homeland Security

Oct. 19, 2017

Oct. 19, 2017

Order/Opinion
34

3:17-cv-05329

Notice of Filing of Petition for Writ of Mandamus

Oct. 20, 2017

Oct. 20, 2017

Notice Letter
10640486

17-72917

Brief Amicus Curiae of Natural Resources Defense Council in Support of Real Parties in Interest-Plaintiffs

In re: United States of America v. United States District Court for the Northern District of California

U. S. Court of Appeals for the Ninth Circuit

Nov. 1, 2017

Nov. 1, 2017

Pleading / Motion / Brief

17-72917

Notice of Joining Amicus Curiae Brief for United We Dream in Support of the Opposition to the Petition for a Writ of Mandamus and Motion for Stay

In re: United States of America v. United States District Court for the District of Northern California

Nov. 1, 2017

Nov. 1, 2017

Pleading / Motion / Brief
10657551

17-72917

Order

In re: United States, et al. v. U.S. District Court for the Northern District of California, San Francisco

U. S. Court of Appeals for the Ninth Circuit

Nov. 16, 2017

Nov. 16, 2017

Order/Opinion
BL-36

17-72917

Emergency Motion for Stay

In re: United States, et al. v. U.S. District Court for the Northern District of California, San Francisco

U. S. Court of Appeals for the Ninth Circuit

Nov. 17, 2017

Nov. 17, 2017

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6152435/city-of-san-jose-v-trump/

Last updated Aug. 4, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Elaine C. Duke, Donald J. Trump, UNITED STATES OF AMERICA ( Filing fee $ 400, receipt number 0971-11714888.). Filed byCity Of San Jose. (Attachments: # 1 Civil Cover Sheet, # 2 CERTIFICATE OF INTERESTED ENTITIES OR PERSONS)(Fineman, Nancy) (Filed on 9/14/2017) (Entered: 09/14/2017)

1 Civil Cover Sheet

View on PACER

2 CERTIFICATE OF INTERESTED ENTITIES OR PERSONS

View on PACER

Sept. 14, 2017

Sept. 14, 2017

RECAP
2

Proposed Summons. (Fineman, Nancy) (Filed on 9/14/2017) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
3

Case assigned to Magistrate Judge Susan van Keulen. 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 9/28/2017. (haS, COURT STAFF) (Filed on 9/14/2017) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
4

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/12/2017. Initial Case Management Conference set for 12/19/2017 09:30 AM in Courtroom 6, 4th Floor, San Jose. (cv, COURT STAFF) (Filed on 9/14/2017) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

RECAP
5

Summons Issued as to Elaine C. Duke, Donald J. Trump, United States of America, (cv, COURT STAFF) (Filed on 9/14/2017) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
6

ORDER OF RECUSAL. This Court recuses itself from hearing this matter. The Clerk of Court shall reassign this matter forthwith to another judge. Signed by Magistrate Judge Susan van Keulen on 9/15/2017. (ofr, COURT STAFF) (Filed on 9/15/2017) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
7

ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Howard R. Lloyd for all further proceedings pursuant to Order of Recusal. Magistrate Judge Susan van Keulen no longer assigned to the case. (bwS, COURT STAFF) (Filed on 9/15/2017) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
8

NOTICE RE SEPTEMBER 21 CASE MANAGEMENT CONFERENCE Signed by Judge Alsup on 9/18/2017. (whalc1, COURT STAFF) (Filed on 9/18/2017) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

RECAP

Set/Reset Hearing re 8 Order Initial Case Management Conference set for 9/21/2017 10:30 AM in Courtroom 8, 19th Floor, San Francisco. (tlS, COURT STAFF) (Filed on 9/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
9

***INCORRECT EVENT SELECTED WHEN POSTING DOCUMENT*** CERTIFICATE OF SERVICE by City Of San Jose of the Complaint (Fineman, Nancy) (Filed on 9/18/2017) Modified text on 9/19/2017 (dhmS, COURT STAFF). (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER

Electronic filing error. Incorrect event used. [err101]Please re-file in its entirety using correct event Summons Returned Executed. Re: 9 Certificate of Service filed by City Of San Jose (dhmS, COURT STAFF) (Filed on 9/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
10

SUMMONS Returned Executed by City Of San Jose. Elaine C. Duke served on 9/18/2017, answer due 10/10/2017; Donald J. Trump served on 9/18/2017, answer due 10/10/2017; United States of America served on 9/18/2017, answer due 10/10/2017. (Fineman, Nancy) (Filed on 9/19/2017) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
11

NOTICE of Appearance by Brad Prescott Rosenberg (Rosenberg, Brad) (Filed on 9/20/2017) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
12

NOTICE of Appearance by Brett A. Shumate (Shumate, Brett) (Filed on 9/20/2017) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
13

ORDER RELATING CASES Signed by Judge Alsup on 9/20/2017. (whalc1, COURT STAFF) (Filed on 9/20/2017) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

RECAP

Related cases: Create association to 3:17-cv-05211-WHA. (sxbS, COURT STAFF) (Filed on 9/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER

Related cases: Create association to 3:17-cv-05235-WHA. (sxbS, COURT STAFF) (Filed on 9/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER

Related cases: Create association to 3:17-cv-05380-WHA. (sxbS, COURT STAFF) (Filed on 9/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
14

ORDER REASSIGNING CASE. Case reassigned to Hon. William Alsup for all further proceedings pursuant to Order Relating Cases. Magistrate Judge Howard R. Lloyd 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. (Attachments: # 1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 9/22/2017) (Entered: 09/22/2017)

1 Notice of Eligibility for Video Recording

View on PACER

Sept. 22, 2017

Sept. 22, 2017

PACER
15

CASE MANAGEMENT SCHEDULING ORDER FOR ALL DACA ACTIONS IN THIS DISTRICT: Bench Trial set for 2/5/2018 07:30 AM before Hon. William Alsup. Motion Hearing set for 12/20/2017 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Pretrial Conference set for 1/24/2018 02:00 PM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.. Signed by Judge Alsup on 9/22/2017. (whalc1, COURT STAFF) (Filed on 9/22/2017) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER

Set/Reset Hearing Tutorial Hearing set for 10/3/2017 08:00 AM in Courtroom 8, 19th Floor, San Francisco. (whasec, COURT STAFF) (Filed on 9/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
16

CERTIFICATE OF SERVICE by City Of San Jose re 15 Case Management Scheduling Order, (Fineman, Nancy) (Filed on 9/22/2017) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
17

Transcript of Proceedings held on 9/21/17, before Judge William H. Alsup. Court Reporter Jo Ann Bryce, telephone number 510-910-5888, joann_bryce@cand.uscourts.gov. 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 until the deadline for the Release of Transcript Restriction after 90 days. 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 (45 in 3:17-cv-05211-WHA) Transcript Order ) Release of Transcript Restriction set for 12/21/2017. (jabS, COURTSTAFF) (Filed on 9/22/2017) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
18

FURTHER NOTICE RE TUTORIAL re (12 in 3:17-cv-05380-WHA) Case Management Scheduling Order, Signed by Judge Alsup on 9/25/2017. (whalc1, COURT STAFF) (Filed on 9/25/2017) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

PACER
19

NOTICE OF REFERRAL FOR DISCOVERY. Signed by Magistrate Judge Sallie Kim on 9/25/2017. (Attachments: # 1 Magistrate Judge Kim's Standing Order)(mklS, COURT STAFF) (Filed on 9/25/2017) (Entered: 09/25/2017)

1 Standing Order

View on PACER

Sept. 25, 2017

Sept. 25, 2017

PACER
20

Minute Entry for proceedings held before William Alsup: Initial Case Management Conference held on 9/21/2017. Motion(s) hearing set for 12/20/2017 at 8:00 AM. Tutorial set for 10/3/2017 at 8:00 AM. Final Pretrial Conference set for 1/24/2018 at 2:00 PM. Bench Trial set for 2/5/2018 at 7:30 AM. Case referred to Magistrate Sallie Kim for Discovery.Total Time in Court: 1:22. Court Reporter: Jo Ann Bryce. Plaintiff Attorney: Jeffrey Davidson; Alexander Berengaut; Alex Covington; Mark Lynch; James Zahradka; Nancy Fineman; Mark Rosenbaum; Ethan Dettmer. Defendant Attorney: Brad Rosenberg; Sara Winslow; Brett Shumate. Attachment: Civil Minutes. (tlS, COURT STAFF) (Date Filed: 9/25/2017) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

PACER

CASE REFERRED to Magistrate Judge Sallie Kim for Discovery (ahm, COURT STAFF) (Filed on 9/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER
21

STIPULATION WITH PROPOSED ORDER re 15 Case Management Scheduling Order, filed by Elaine C. Duke, Donald J. Trump, United States of America. (Rosenberg, Brad) (Filed on 9/29/2017) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
22

ORDER GRANTING STIPULATION REGARDING CASE MANAGEMENT ORDER by Judge William Alsup granting (57) Stipulation in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA(whalc1, COURT STAFF) (Filed on 9/29/2017) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
23

Minute Entry for proceedings held before Judge William Alsup: Tutorial Hearing held on 10/3/2017.Total Time in Court: 2 Hours, 15 Minutes. Court Reporter: Belle Ball. Plaintiffs' Attorneys: Regents: Jeffrey Davidson, Mark Lynch, Monica Almadani; Garcia: Mark Rosenbaum, Kelsey Helland, Ethan Dettmer, Luis Romero; City of San Jose: Nancy Fineman; State of CA: James Zahradka, Ronald Lee. Defendant's Attorneys: Brad Rosenberg, Jeffrey Robins.Also Present via Videoconference: District Judge Nicholas Garaufis (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Date Filed: 10/3/2017) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
24

TRANSCRIPT ORDER for proceedings held on October 3, 2017 before Judge William Alsup by City Of San Jose, for Court Reporter Belle Ball. (Fineman, Nancy) (Filed on 10/4/2017) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
25

Transcript of Proceedings held on October 3, 2017, before Judge William H. Alsup. Court Reporter Belle Ball, CSR, CRR, RDR, telephone number (415)373-2529, belle_ball@cand.uscourts.gov. 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 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 (62 in 3:17-cv-05211-WHA) Transcript Order, (24 in 3:17-cv-05329-WHA) Transcript Order ) Release of Transcript Restriction set for 1/3/2018. (ballbb15S, COURT STAFF) (Filed on 10/5/2017) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

PACER
26

ORDER SHORTENING TIME FOR BRIEFING ON MOTION TO COMPLETE ADMINISTRATIVE RECORD by Judge William Alsup re 66 Motion to Shorten Time in case 3:17-cv-05211-WHA. Motion Hearing set for 10/16/2017 11:00 AM in Courtroom 8, 19th Floor, San Francisco before Judge William Alsup.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA(whalc1, COURT STAFF) (Filed on 10/10/2017) Modified on 10/10/2017 (afmS, COURT STAFF). (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

RECAP
27

Minute Entry for proceedings held before Judge William Alsup: Motion Hearing held on 10/16/2017 re (65 in 3:17-cv-05211-WHA) MOTION for an Order Directing Defendants to Complete the Administrative Record filed by UC Regents, Janet Napolitano. Written Order to issue. Total Time in Court: 1:15. Court Reporter: Pamela Batalo. Plaintiff Attorney: Jeffery Davidson (Regents)Plaintiff Attorney: James Zahradka (State of CA)Plaintiff Attorney: Nancy Fineman (City of San Jose)Plaintiff Attorney: Kevin Yea (Garcia) Defendant Attorney: Brad Rosenberg (all defendants). (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Date Filed: 10/16/2017) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
28

ORDER RELATING CASE by Judge William Alsup granting (69) Motion to Relate Case in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA(whalc1, COURT STAFF) (Filed on 10/16/2017) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
29

Transcript of Proceedings held on 10/16/17, before Judge Alsup. Court Reporter Pamela A. Batalo, telephone number pamela_batalo@cand.uscourts.gov. 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 (74 in 3:17-cv-05211-WHA) Transcript Order ) Redaction Request due 11/7/2017. Redacted Transcript Deadline set for 11/17/2017. Release of Transcript Restriction set for 1/16/2018. (Batalo, Pam) (Filed on 10/17/2017) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
30

ORDER RE MOTION TO COMPLETE ADMINISTRATIVE RECORD by Judge William Alsup granting in part and denying in part (65) Motion Complete Administrative Record in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA, 3:17-cv-05813-WHA(whalc1, COURT STAFF) (Filed on 10/17/2017) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
31

ORDER TO COMPILE SUPPLEMENT FORTHWITH re (12 in 3:17-cv-05813-WHA) Order on Motion for Miscellaneous Relief, Signed by Judge Alsup on 10/18/2017. (whalc1, COURT STAFF) (Filed on 10/18/2017) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
32

ORDER ADOPTING STIPULATED BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO STAY ALL PROCEEDINGS by Judge William Alsup granting (82) Stipulation in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA, 3:17-cv-05813-WHA(whalc1, COURT STAFF) (Filed on 10/19/2017) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER

Terminate Hearing re (15 in 3:17-cv-05813-WHA) Order on Stipulation, (whalc1, COURT STAFF) (Filed on 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
33

ORDER RE MOTION TO STAY PROCEEDINGS by Judge William Alsup denying (81) Motion to Stay in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA, 3:17-cv-05813-WHA(whalc1, COURT STAFF) (Filed on 10/19/2017) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
34

NOTICE by Elaine C. Duke, Donald J. Trump, United States of America of Filing of Petition for Writ of Mandamus (Attachments: # 1 Petition for Writ of Mandamus)(Rosenberg, Brad) (Filed on 10/20/2017) (Entered: 10/20/2017)

1 Petition for Writ of Mandamus

View on PACER

Oct. 20, 2017

Oct. 20, 2017

PACER
38

USCA Case Number 17-72917 USCA 9th Circuit re Petition for Writ of Mandamus (sxbS, COURT STAFF) (Filed on 10/20/2017) (Entered: 10/24/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
39

ORDER of USCA re Petition for Writ of Mandamus (sxbS, COURT STAFF) (Filed on 10/20/2017) (Entered: 10/24/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
35

ANSWER BY DISTRICT COURT TO PETITION FOR WRIT OF MANDAMUS Signed by Judge Alsup on 10/23/2017. (whalc1, COURT STAFF) (Filed on 10/23/2017) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
36

ORDER by Magistrate Judge Sallie Kim granting (91) Unopposed Administrative Motion for Additional Pages for Joint Discovery Letter Brief in case 3:17-cv-05211-WHA. (mklS, COURT STAFF) (Filed on 10/24/2017) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
37

ORDER RE: DEPOSITION OF ACTING SECRETARY OF HOMELAND SECURITY DUKE by Magistrate Judge Sallie Kim (Re: (88) Discovery Letter Brief in case 3:17-cv-05211-WHA). (mklS, COURT STAFF) (Filed on 10/24/2017) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
40

FURTHER CASE MANAGEMENT ORDER RE MOTION SCHEDULE Signed by Judge Alsup on 10/25/2017. (whalc1, COURT STAFF) (Filed on 10/25/2017) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
41

ORDER GRANTING STIPULATION REGARDING AMICUS BRIEFING AS MODIFIED by Judge William Alsup granting as modified (101) Stipulation in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA, 3:17-cv-05813-WHA(whalc1, COURT STAFF) (Filed on 10/25/2017) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
46

ORDER of USCA regarding oral arguments and amicus briefs as to (21 in 3:17-cv-05813-WHA, 38 in 3:17-cv-05329-WHA, 95 in 317-cv-05211-WHA, 47 in 3:17-cv-05235-WHA, 34 in 3:17-cv-05380-WHA) (sxbS, COURT STAFF) (Filed on 10/26/2017) (Entered: 11/03/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER
42

ORDER GRANTING PLAINTIFFS' UNOPPOSED ADMINISTRATIVE MOTION TO AMEND PAGE LIMITS IN CONNECTION WITH MOTION FOR PROVISIONAL RELIEF by Judge William Alsup granting (103) Administrative Motion to alter page limits in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA, 3:17-cv-05813-WHA(whalc1, COURT STAFF) (Filed on 10/27/2017) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
47

ORDER of USCA regarding amicus briefs as to (21 in 3:17-cv-05813-WHA, 38 in 3:17-cv-05329-WHA, 95 in 3:17-cv-05211-WHA, 47 in 3:17-cv-05235-WHA, 34 in 3:17-cv-05380-WHA) (sxbS, COURT STAFF) (Filed on 10/31/2017) (Entered: 11/03/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
43

PROTECTIVE ORDER by Judge William Alsup granting (115) Motion for Protective Order in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA, 3:17-cv-05813-WHA(whalc1, COURT STAFF) (Filed on 11/1/2017) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
44

ADMINISTRATIVE MOTION Leave to File Amicus Brief filed by National Education Association Of The United States, Association of California School Administrators, Berkeley Unified School District, Moreno Valley Unified School District, an Diego Unified, San Diego Unified School District, West Contra Costa Unified School District, California Faculty Association, California Federation of Teachers, California School Boards Association, California Teachers Association, Los Angeles County Superintendent of Schools, Los Angeles County Board of Education, Los Angeles Unified School District, Oakland Unified School District, Sacramento City Unified School District. Responses due by 11/6/2017. (Attachments: # 1 Exhibit Amicus Curiae Brief)(Leheny, Emma) (Filed on 11/1/2017) (Entered: 11/01/2017)

1 Exhibit Amicus Curiae Brief

View on PACER

Nov. 1, 2017

Nov. 1, 2017

PACER
45

ORDER GRANTING MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF DEFENDANTS by Judge William Alsup granting (110) Administrative Motion leave to file amicus curiae brief in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA, 3:17-cv-05813-WHA(whalc1, COURT STAFF) (Filed on 11/1/2017) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
48

ORDER RE MOTION TO MAINTAIN ANONYMITY by Judge Alsup granting in part and denying in part (125) Administrative Motion maintain anonymity; granting in part and denying in part (126) Administrative Motion to File Under Seal in case 3:17-cv-05211-WHA. (whalc1, COURT STAFF) (Filed on 11/8/2017) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
49

ORDER TO FILE COMPLETED ADMINISTRATIVE RECORD AND PROPOSE SCHEDULE Signed by Judge Alsup on 11/16/2017. (whalc1, COURT STAFF) (Filed on 11/16/2017) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER
50

TENTATIVE ORDER RE MOTIONS TO STAY DISCOVERY AND COMPLETION OF THE ADMINISTRATIVE RECORD Signed by Judge Alsup on 11/20/2017. (Attachments: # 1 Tentative Order)(whalc1, COURT STAFF) (Filed on 11/20/2017) (Entered: 11/20/2017)

1 Tentative Order

View on PACER

Nov. 20, 2017

Nov. 20, 2017

PACER
51

NOTICE of Appearance by Justin Theodore Berger (Berger, Justin) (Filed on 11/20/2017) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
52

ONE-MONTH CONTINUANCE OF DUE DATE FOR AUGMENTED ADMINISTRATIVE RECORD AND TEMPORARY STAY OF DISCOVERY by Judge Alsup re (190) Motion to Stay; re (191) Motion to Stay; re (192) Stipulation in case 3:17-cv-05211-WHA. (whalc1, COURT STAFF) (Filed on 11/20/2017) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
53

ORDER of USCA denying petition (sxbS, COURT STAFF) (Filed on 11/21/2017) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
54

ORDER of USCA Dismissing Motion for Stay filed by government. (sxbS, COURT STAFF) (Filed on 11/21/2017) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
55

ORDER of USCA regarding Motion for Stay. (sxbS, COURT STAFF) (Filed on 11/21/2017) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
56

Memorandum of USCA regarding Administrative Record. (sxbS, COURT STAFF) (Filed on 11/21/2017) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
57

ORDER of USCA denying Petition for Writ of Mandamus (sxbS, COURT STAFF) (Filed on 11/22/2017) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER
58

NOTICE by City Of San Jose of Withdrawal of Counsel (Berger, Justin) (Filed on 11/29/2017) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER
59

NOTICE by Elaine C. Duke, Donald J. Trump, United States of America of Filing of Petition for Writ of Mandamus and Application for a Stay in the United States Supreme Court (Attachments: # 1 Petition for a Writ of Mandamus, # 2 Application for a Stay)(Rosenberg, Brad) (Filed on 12/1/2017) (Entered: 12/01/2017)

1 Petition for a Writ of Mandamus

View on PACER

2 Application for a Stay

View on PACER

Dec. 1, 2017

Dec. 1, 2017

RECAP
60

NOTICE OF FILING OF STATEMENT OF DISTRICT COURT IN RESPONSE TO APPLICATION FOR A STAY Signed by Judge Alsup on 12/6/2017. (whalc1, COURT STAFF) (Filed on 12/6/2017) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER
61

Minute Entry for proceedings held before Judge William Alsup: Motion Hearing held on 12/20/2017 re 114 MOTION to Dismiss All N.D. Cal. DACA Cases and Memorandum in Support filed by Elaine Duke, United States Department of Homeland Security; 111 MOTION for Preliminary Injunction -- Plaintiffs' Motion for Provisional Relie filed by UC Regents, Janet Napolitano. Motions are submitted. Total Time in Court: 3 Hours; 40 Minutes. Court Reporter: Lydia Zinn. Plaintiff Attorneys: Jeffrey Davidson, Megan Crowley, Alexander Berengaut, Mark Lynch, Lanny Breuer, James Zahradka, Brian Danitz, Mark Rosenbaum, Ethan Dettmer, Eric Brown. Defendant Attorneys: Brad Rosenberg, Kate Bailey, Brett Shumate. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Date Filed: 12/20/2017) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
62

Transcript of Proceedings held on 12/20/2017, before Judge William Alsup. Court Reporter/Transcriber Lydia Zinn, telephone number (415) 531-6587. 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 (222 in 3:17-cv-05211-WHA) Transcript Order, (220 in 3:17-cv-05211-WHA) Transcript Order ) Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/21/2018. (Zinn, Lydia) (Filed on 12/21/2017) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
63

PER CURIAM of Supreme Court of the United States on Petition for Writ of Mandamus vacating judgment of USCA and remanding case. (sxbS, COURT STAFF) (Filed on 12/21/2017) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
64

STAY OF NOVEMBER 20 ORDER 197 . Signed by Judge Alsup on 12/21/2017. (whalc1, COURT STAFF) (Filed on 12/21/2017) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
65

ORDER of USCA regarding Government's threshold arguments and certification for appeal (sxbS, COURT STAFF) (Filed on 12/27/2017) (Entered: 12/27/2017)

Dec. 27, 2017

Dec. 27, 2017

PACER
66

ORDER DENYING 114 FRCP 12(b)(1) DISMISSAL AND GRANTING 111 PROVISIONAL RELIEF (granting 227 ) by Judge William Alsup. (whalc1, COURT STAFF) (Filed on 1/9/2018) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

PACER
67

CLERK'S NOTICE: Discovery Hearing set for 1/10/2018 10:30 AM in Courtroom A, 15th Floor, San Francisco before Magistrate Judge Sallie Kim. Personal appearances are preferred, but given the short notice counsel may appear by telephone. Only one attorney per party to speak if appearing by telephone, although other attorneys for the same party may listen to the hearing. Attorneys wishing to participate by telephone shall contact the Court by email to SKCRD@cand.uscourts.gov to request the dial-in information. In the email, counsel shall identify which party they represent and the name(s) of the attorney(s) that will be appearing. The Court will issue a follow up order with specific topics to be addressed during the hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Filed on 1/10/2018) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
68

CLERK'S NOTICE Correcting Date/Time of Discovery Hearing: Discovery Hearing set for 1/11/2018 10:30 AM in Courtroom A, 15th Floor, San Francisco before Magistrate Judge Sallie Kim. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Filed on 1/10/2018) Modified on 1/10/2018 (mklS, COURT STAFF). (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
69

ORDER REGARDING DISCOVERY HEARING ON 1/11/2018. Signed by Magistrate Judge Sallie Kim on 1/10/2018. (mklS, COURT STAFF) (Filed on 1/10/2018) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
70

Minute Entry for proceedings held before Magistrate Judge Sallie Kim: Discovery Hearing held on 1/11/2018. The Court and parties discuss the status of discovery. Further Discovery Hearing set for 1/30/2018 09:30 AM in Courtroom A, 15th Floor, San Francisco before Magistrate Judge Sallie Kim. Defense counsel may appear by telephone. (FTR Time: 10:32-10:41.) Plaintiff Attorney: Jeffrey Davidson; James Zahradka; Eric Brown; Justin Berger; Kelsey Helland. Defendant Attorney: Brad Rosenberg (by telephone). (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Date Filed: 1/11/2018) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
71

ORDER GRANTING IN PART 114 DEFENDANTS' MOTION TO DISMISS UNDER FRCP 12(b)(6) by Judge William Alsup. (whalc1, COURT STAFF) (Filed on 1/12/2018) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
72

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Kirstjen Nielson, Donald J. Trump, United States of America. Appeal of Order on Motion for Preliminary Injunction 66, Order on Motion to Dismiss 71 (Appeal fee FEE WAIVED.) (Rosenberg, Brad) (Filed on 1/16/2018) (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

PACER
73

CLERK'S NOTICE: The Discovery Hearing currently set for 1/30/2018 at 9:30 AM before Magistrate Judge Sallie Kim is vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Filed on 1/22/2018) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
74

ORDER GRANTING (246) STIPULATION RE EXTENSION OF TIME TO RESPOND TO COMPLAINTS AND TO SEEK LEAVE TO FILE AMENDED COMPLAINTS by Judge William Alsup.(whalc1, COURT STAFF) (Filed on 1/23/2018) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER
75

USCA Acknowledgment of Receipt of Permission to Appeal 18-80004 USCA 9th Circuit for (89 in 3:17-cv-05235-WHA) Notice of Appeal, filed by Kirstjen Nielson, United States of America, United States Department of Homeland Security, (241 in 3:17-cv-05211-WHA) Notice of Appeal, filed by Kirstjen Nielson, United States Department of Homeland Security, (72 in 3:17-cv-05329-WHA) Notice of Appeal, filed by Kirstjen Nielson, United States of America, Donald J. Trump, (66 in 3:17-cv-05380-WHA) Notice of Appeal, filed by U.S. Department of Homeland Security, Kirstjen Nielson, United States of America, Donald J. Trump, (54 in 3:17-cv-05813-WHA) Notice of Appeal, filed by U.S. Department of Homeland Security, Kirstjen Nielson, Jefferson Beauregard Sessions, Donald J. Trump. (sxbS, COURT STAFF) (Filed on 1/26/2018) (Entered: 01/26/2018)

Jan. 26, 2018

Jan. 26, 2018

PACER
76

USCA Case Number 18-15070 USCA 9th Circuit for 72 Notice of Appeal, filed by Kirstjen Nielson, United States of America, Donald J. Trump. (sxbS, COURT STAFF) (Filed on 1/29/2018) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
77

Judgment of Supreme Court of United States Washington DC re Writ of Mandamus (sxbS, COURT STAFF) (Filed on 1/31/2018) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
78

USCA Case Number 18-80007 USCA 9th Circuit for Acknowledgment of Receipt for Permission to Appeal. (sxbS, COURT STAFF) (Filed on 1/31/2018) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
79

USCA Case Number 18-80008 USCA 9th Circuit acknowledgment receipt of Petition for Permission to Appeal. (sxbS, COURT STAFF) (Filed on 1/31/2018) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
80

ORDER of USCA granting petition for permission to appeal as to (92 in 3:17-cv-05235-WHA, 251 in 3:17-cv-05211-WHA, 75 in 3:17-cv-05329-WHA, 69 in 3:17-cv-05380-WHA, 57 in 3:17-cv-05813-WHA) USCA Case Number 18-80004 (sxbS, COURT STAFF) (Filed on 2/1/2018) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
81

ORDER of USCA granting petition for permission to appeal as to (253 in 3:17-cv-05211-WHA, 73 in 3:17-cv-05380-WHA, 60 in 3:17-cv-05813-WHA, 95 in 3:17-cv-05235-WHA, 78 in 3:17-cv-05329-WHA) USCA Case Number 18-80007 (sxbS, COURT STAFF) (Filed on 2/1/2018) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
82

ORDER of USCA granting petition for permission to appeal as to (79 in 3:17-cv-05329-WHA, 96 in 3:17-cv-05235-WHA, 61 in 3:17-cv-05813-WHA, 74 in 3:17-cv-05380-WHA, 254 in 3:17-cv-05211-WHA) USCA Case Number 18-80008 (sxbS, COURT STAFF) (Filed on 2/1/2018) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
83

USCA Case Number 18-15128 USCA 9th Circuit and Time Schedule Order (sxbS, COURT STAFF) (Filed on 2/1/2018) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
84

USCA Case Number 18-15133 USCA 9th Circuit and Time Schedule Order (sxbS, COURT STAFF) (Filed on 2/1/2018) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
85

USCA Case Number 18-15134 USCA 9th Circuit and Time Schedule Order (sxbS, COURT STAFF) (Filed on 2/1/2018) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
86

ORDER of Supreme Court of U.S. Washington DC re filing of petition for writ of certiorari as to (92 in 3:17-cv-05235-WHA, 251 in 3:17-cv-05211-WHA, 75 in 3:17-cv-05329-WHA, 69 in 3:17-cv-05380-WHA, 57 in 3:17-cv-05813-WHA) USCA Case Number,,, (62 in 3:17-cv-05813-WHA, 97 in 3:17-cv-05235-WHA, 75 in 3:17-cv-05380-WHA, 255 in 3:17-cv-05211-WHA, 80 in 3:17-cv-05329-WHA) USCA Order, (sxbS, COURT STAFF) (Filed on 2/1/2018) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
87

U.S. Supreme Court Receipt acknowledging Petition for Writ of Certiorari filed on 1/18/18 as No. 17-1003. (sxbS, COURT STAFF) (Filed on 2/22/2018) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
88

ORDER RE DEADLINE FOR PLAINTIFFS TO MOVE FOR LEAVE TO FILE AMENDED COMPLAINTS. Signed by Judge Alsup on 3/8/2018. (whalc1, COURT STAFF) (Filed on 3/8/2018) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
89

ORDER of USCA re motion and panel of Ninth Circuit Judges. (sxbS, COURT STAFF) (Filed on 3/19/2018) (Entered: 03/19/2018)

March 19, 2018

March 19, 2018

PACER
90

USCA Acknowledgment of Receipt for Permission to Appeal: Case Number 18-80037 USCA 9th Circuit (sxbS, COURT STAFF) (Filed on 3/22/2018) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER
91

ORDER OF RECUSAL. Signed by Magistrate Judge Sallie Kim on 4/4/2018. (mklS, COURT STAFF) (Filed on 4/4/2018) (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER
92

ORDER REFERRING CASE TO MAGISTRATE JUDGE SALLIE KIM FOR DISCOVERY PURPOSES. Signed by Judge Alsup on 6/26/2018. (whalc1, COURT STAFF) (Filed on 6/26/2018) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 14, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The City of San Jose, on behalf of itself and on behalf of its DACA-recipient employees.

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 of the United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Disparate Impact

Disparate Treatment

Discrimination-basis:

Immigration status

National origin discrimination

Benefit Source:

DACA (Deferred Action for Childhood Arrivals)

Immigration/Border:

Admission - criteria

Admission - procedure

Constitutional rights

Employment

Legalization/Amnesty

Status/Classification

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation

Work authorization - criteria

Work authorization - procedures