Case: State of California v. U.S. Department of Justice

3:18-cv-00805 | U.S. District Court for the Northern District of California

Filed Date: Feb. 7, 2018

Closed Date: Aug. 13, 2019

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Case Summary

The State of California filed this suit on February 7, 2018, seeking to compel the U.S. Department of Justice (DOJ) to produce records under the Freedom of Information Act (FOIA). The State sought records related to DOJ's recent decision to impose certain immigration enforcement related conditions that local jurisdictions must meet to receive federal funding. In requesting these records, the State argued that it sought to better understand how the new conditions related to Congressional intent behind the funding program, as well as the authority under which they were imposed. The State argued that the conditions could risk public safety in some local jurisdictions by undermining trust and cooperation between residents and law enforcement. The suit was brought in the U.S. District Court for the Northern District of California.

The complaint stated that the State had requested records from the DOJ's Office of Justice Programs (OJP) records concerning: (1) OJP's process in adding conditions and certification requirements related to immigration enforcement for the Edward Byrne Memorial Justice Assistance Grant Program (JAG); and (2) OJP’s decision to require the California Board of State and Community Corrections (BSCC) to submit a legal opinion verifying compliance with 8 U.S.C. § 1373 (Section 1373), which prohibited restrictions on sharing information related to immigration or citizenship status. Specifically, the State sought records related to the following conditions that OJP had recently added to the JAG program that must be met for a state to receive JAG funding: (1) a state must have statute, policy, or practice to ensure that federal agents have access to any state correctional facilities in order to determine if detainees are immigrants with a right to be in the U.S.; (2) a state must provide notice to DHS of a scheduled release date of a detainee who is also an immigrant if DHS requests such notice; and (3) a state must certify compliance with Section 1373.

The complaint noted that all three of these conditions were separately challenged in State of California v. Sessions, No. 17-cv-4701, found here .

The case was assigned to Magistrate Judge Joseph C. Spero on Feb. 7, 2018. Over the next year-and-a-half, it appears the parties engaged in settlement negotiations.

On August 13, 2019, the Magistrate Judge Spero issued an order approving the settlement agreement between the parties. In the agreement, the defendants agreed to pay $22,500 to satisfy plaintiff's claims for attorney's fees, costs, and litigation expenses under the FOIA at issue within 60 days, and the plaintiff agreed to release and discharge the defendants from any and all claims and causes of action that the plaintiff asserted. The case is now closed.

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Summary Authors

Virginia Weeks (2/11/2018)

Caitlin Kierum (11/13/2019)

Community Legal Services in East Palo Alto v. U.S. Department of Homeland Security, Northern District of California (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6298101/parties/state-of-california-v-united-states-department-of-justice/

Judge(s)

Attorney for Plaintiff

Becerra, Xavier (California)

Belton, Sarah (California)

Ehrlich, Lisa Catherine (California)

Attorney for Defendant

Lo, Michelle (California)

Robinson, Kimberly Anne (California)

Judge(s)

Spero, Joseph C. (California)

Attorney for Plaintiff

Becerra, Xavier (California)

Belton, Sarah (California)

Ehrlich, Lisa Catherine (California)

Sherman, Lee Isaac (California)

Yanai, Satoshi (California)

Attorney for Defendant

Lo, Michelle (California)

Robinson, Kimberly Anne (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:18-cv-00805	Docket [PACER] State of California v. Department of Justice	Aug. 13, 2019	Aug. 13, 2019 Docket
1 3:18-cv-00805	Complaint for Declaratory and Injunctive Relief State of California v. Department of Justice	Feb. 7, 2018	Feb. 7, 2018 Complaint
35 3:18-cv-00805	Stipulation and Order Re: Settlement and Dismissal with Prejudice	Aug. 13, 2019	Aug. 13, 2019 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6298101/state-of-california-v-united-states-department-of-justice/

Last updated April 20, 2025, 4:15 p.m.

ECF Number	Description	Date	Link Date / Link
3	Case assigned to Magistrate Judge Joseph C. Spero. 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 2/21/2018. (as, COURT STAFF) (Filed on 2/7/2018) (Entered: 02/07/2018)	Feb. 7, 2018	Feb. 7, 2018 PACER
	~Util - Case Assigned by Intake	Feb. 7, 2018	Feb. 7, 2018 PACER
2	Proposed Summons. (Ehrlich, Lisa) (Filed on 2/7/2018) (Entered: 02/07/2018)	Feb. 7, 2018	Feb. 7, 2018 PACER
1	COMPLAINT for Declaratory and Injunctive Relief against Office of Justice Programs, United States Department of Justice (Filing fee $ 400.00, receipt number 0971-12090897.). Filed by State of California. (Attachments: # 1 Civil Cover Sheet) (Ehrlich, Lisa) (Filed on 2/7/2018) Modified on 2/12/2018 (gbaS, COURT STAFF). (Entered: 02/07/2018) 1 Civil Cover Sheet View on PACER	Feb. 7, 2018	Feb. 7, 2018 RECAP
5	Summons Issued as to Office of Justice Programs, United States Department of Justice. (gbaS, COURT STAFF) (Filed on 2/12/2018) (Entered: 02/12/2018)	Feb. 12, 2018	Feb. 12, 2018 PACER
4	Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/4/2018. Initial Case Management Conference set for 5/11/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor. (gbaS, COURT STAFF) (Filed on 2/12/2018) (Entered: 02/12/2018)	Feb. 12, 2018	Feb. 12, 2018 PACER
7	CERTIFICATE OF SERVICE by State of California re 4 Initial Case Management Scheduling Order with ADR Deadlines, 3 Case Assigned by Intake,,, 1 Complaint, 5 Summons Issued as to USA (Ehrlich, Lisa) (Filed on 2/26/2018) (Entered: 02/26/2018)	Feb. 26, 2018	Feb. 26, 2018 PACER
6	CERTIFICATE OF SERVICE by State of California re 4 Initial Case Management Scheduling Order with ADR Deadlines, 3 Case Assigned by Intake,,, 1 Complaint, 5 Summons Issued as to USA (Ehrlich, Lisa) (Filed on 2/26/2018) (Entered: 02/26/2018)	Feb. 26, 2018	Feb. 26, 2018 PACER
9	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by State of California.. (Ehrlich, Lisa) (Filed on 2/27/2018) (Entered: 02/27/2018)	Feb. 27, 2018	Feb. 27, 2018 PACER
8	CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 3/13/2018. (klhS, COURT STAFF) (Filed on 2/27/2018) (Entered: 02/27/2018)	Feb. 27, 2018	Feb. 27, 2018 PACER
10	STIPULATION Joint Stipulation to Enlarge Defendants' Time to Respond to Complaint filed by Office of Justice Programs, United States Department of Justice. (Lo, Michelle) (Filed on 3/13/2018) (Entered: 03/13/2018)	March 13, 2018	March 13, 2018 PACER
11	CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 3/29/2018. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 3/15/2018) (Entered: 03/15/2018)	March 15, 2018	March 15, 2018 PACER
12	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Office of Justice Programs, United States Department of Justice.. (Lo, Michelle) (Filed on 3/16/2018) (Entered: 03/16/2018)	March 16, 2018	March 16, 2018 RECAP
13	ANSWER to Complaint byOffice of Justice Programs, United States Department of Justice. (Lo, Michelle) (Filed on 4/6/2018) (Entered: 04/06/2018)	April 6, 2018	April 6, 2018 PACER
14	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel (Lo, Michelle) (Filed on 4/20/2018) (Entered: 04/20/2018)	April 20, 2018	April 20, 2018 PACER
15	STIPULATION WITH PROPOSED ORDER Joint Stipulation to Continue Initial Case Management Conference and [Proposed] Order filed by Office of Justice Programs, United States Department of Justice. (Lo, Michelle) (Filed on 4/23/2018) (Entered: 04/23/2018)	April 23, 2018	April 23, 2018 PACER
16	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Ehrlich, Lisa) (Filed on 4/24/2018) (Entered: 04/24/2018)	April 24, 2018	April 24, 2018 PACER
17	Order, signed 4/25/18, by Chief Magistrate Judge Joseph C. Spero granting 15 Stipulation to Continue Initial Case Management Conference. Case Management Statement due by 7/6/2018. Case Management Conference set for 7/13/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor.(klhS, COURT STAFF) (Filed on 4/25/2018) (Entered: 04/25/2018)	April 25, 2018	April 25, 2018 PACER
18	STIPULATION WITH PROPOSED ORDER Joint Stipulation to Continue Initial Case Management Conference and [Proposed] Order filed by Office of Justice Programs, United States Department of Justice. (Lo, Michelle) (Filed on 6/29/2018) (Entered: 06/29/2018)	June 29, 2018	June 29, 2018 PACER
19	Order, signed 7/2/18, by Chief Magistrate Judge Joseph C. Spero granting 18 Stipulation to Continue Initial Case Management Conference. Case Management Statement due by 8/10/2018. Initial Case Management Conference re-set for 8/17/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor.(klhS, COURT STAFF) (Filed on 7/2/2018) (Entered: 07/02/2018)	July 2, 2018	July 2, 2018 PACER
20	JOINT CASE MANAGEMENT STATEMENT filed by Office of Justice Programs, United States Department of Justice. (Lo, Michelle) (Filed on 8/8/2018) (Entered: 08/08/2018)	Aug. 8, 2018	Aug. 8, 2018 RECAP
21	CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by 11/9/2018. Initial Case Management Conference set for 8/17/18 at 2:00 PM, has been continued to 11/16/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor before Chief Magistrate Judge Joseph C. Spero. Any party seeking a continuance shall e-file a stipulation and proposed order.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Filed on 8/14/2018) (Entered: 08/14/2018)	Aug. 14, 2018	Aug. 14, 2018 PACER
22	NOTICE of Appearance by Sarah Elizabeth Belton for Plaintiff State of California (Belton, Sarah) (Filed on 8/20/2018) (Entered: 08/20/2018)	Aug. 20, 2018	Aug. 20, 2018 PACER
23	CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by Office of Justice Programs, United States Department of Justice. (Lo, Michelle) (Filed on 11/9/2018) (Entered: 11/09/2018)	Nov. 9, 2018	Nov. 9, 2018 RECAP
24	CLERK'S NOTICE CONTINUING FURTHER CASE MANAGEMENT CONFERENCE. (This is a text-only entry generated by the court. There is no document associated with this entry.) Case Management Statement due by 2/8/2019. Further Case Management Conference re-set for 2/15/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor. (klhS, COURT STAFF) (Filed on 11/13/2018) (Entered: 11/13/2018)	Nov. 13, 2018	Nov. 13, 2018 PACER
25	STIPULATION WITH PROPOSED ORDER re 24 Clerk's Notice, Joint filed by Office of Justice Programs, United States Department of Justice. (Attachments: # 1 Proposed Order)(Robinson, Kimberly) (Filed on 2/7/2019) (Entered: 02/07/2019) 1 Proposed Order View on PACER	Feb. 7, 2019	Feb. 7, 2019 PACER
27	CASE MANAGEMENT STATEMENT Joint filed by Office of Justice Programs, United States Department of Justice. (Robinson, Kimberly) (Filed on 2/8/2019) (Entered: 02/08/2019)	Feb. 8, 2019	Feb. 8, 2019 PACER
26	NOTICE of Substitution of Counsel by Kimberly Anne Robinson (Robinson, Kimberly) (Filed on 2/8/2019) (Entered: 02/08/2019)	Feb. 8, 2019	Feb. 8, 2019 PACER
28	Order, signed 2/12/19, by Chief Magistrate Judge Joseph C. Spero granting 25 Stipulation to Continue Initial Case Management Conference. Case Management Statement due by 2/22/2019. Initial Case Management Conference set for 3/1/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor.(klhS, COURT STAFF) (Filed on 2/12/2019) (Entered: 02/12/2019)	Feb. 12, 2019	Feb. 12, 2019 PACER
29	Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Initial Case Management Conference held on 3/1/2019. the final OJP response shall be completed by 5/15/19. Case Management Statement due by 5/24/2019. Further Case Management Conference set for 5/31/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor.FTR Time: Not Reported. Attorney for Plaintiff: Sarah Belton Attorney for Defendant: Kimberly Robinson (klhS, COURT STAFF) (Date Filed: 3/1/2019) (Entered: 03/01/2019)	March 1, 2019	March 1, 2019 PACER
30	JOINT CASE MANAGEMENT STATEMENT and Joint Request For Continuance of Case Management Conference filed by Office of Justice Programs, United States Department of Justice. (Robinson, Kimberly) (Filed on 5/24/2019) (Entered: 05/24/2019)	May 24, 2019	May 24, 2019 PACER
31	CLERK'S NOTICE. (This is a text-only entry generated by the court. There is no document associated with this entry.) Pursuant to the joint request of the parties in the joint case management statement, the Further Case Management Conference has been continued to 6/28/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor. Case Management Statement due by 6/21/2019.(klhS, COURT STAFF) (Filed on 5/28/2019) (Entered: 05/28/2019)	May 28, 2019	May 28, 2019 PACER
	Clerk's Notice	May 28, 2019	May 28, 2019 PACER
32	Case Management Statement	June 21, 2019	June 21, 2019 PACER
	Clerk's Notice	June 24, 2019	June 24, 2019 PACER
34	Stipulation and Proposed Order	Aug. 12, 2019	Aug. 12, 2019 PACER
35	ORDER RE: SETTLEMENT AND DISMISSAL WITH PREJUDICE. Signed by the Honorable Joseph C. Spero on 08/13/2019. (jmdS, COURT STAFF) (Filed on 8/13/2019) (Entered: 08/13/2019)	Aug. 13, 2019	Aug. 13, 2019 RECAP