Case: California v. Ross

3:18-cv-01865 | U.S. District Court for the Northern District of California

Filed Date: March 26, 2018

Closed Date: Dec. 31, 2020

Clearinghouse coding complete

Case Summary

On March 26, 2018, the State of California filed this claim against the Secretary of Commerce and the U.S. Census Bureau in the U.S. District Court of Northern California. It challenged the defendants' plans to add a citizenship question to the 2020 U.S. Census. California alleged that this question will undermine the defendants' duty to collect an "actual enumeration" of the U.S. population mandated by the Enumeration Clause, Article I of the Constitution. In addition, California claims that t…

On March 26, 2018, the State of California filed this claim against the Secretary of Commerce and the U.S. Census Bureau in the U.S. District Court of Northern California. It challenged the defendants' plans to add a citizenship question to the 2020 U.S. Census. California alleged that this question will undermine the defendants' duty to collect an "actual enumeration" of the U.S. population mandated by the Enumeration Clause, Article I of the Constitution. In addition, California claims that the decision to include a citizenship question on the Census violates the Administrative Procedure Act (APA) 5 U.S.C. §706 by being arbitrary and capricious and otherwise not in accordance with the law. California sought declaratory and injunctive relief.

California requested a declaratory judgment in addition to a preliminary and permanent injunction preventing the inclusion of the citizenship question on the 2020 Census, as well as all expenses and attorney fees the court deems appropriate.

California alleged that the citizenship question directly undermined the defendants' duty to capture an actual enumeration of the United States by discouraging non-citizens and citizens who related to non-citizens from participating in the 2020 Census. California also argued the decision was arbitrary and capricious under the APA. Finally, California alleged the agency failed to make the changes in accord with its own guidelines and deadlines, including under the Information Quality Act. California alleged that the state could lose representation in Congress and in the Electoral College as a result of this policy as California has the most foreign born and non-citizen residents of any other state. Moreover, California stated that it stood to lose billions of dollars of federal funding from an undercount in the U.S. Census.

The claim was initially assigned to Magistrate Judge Sallie Kim, but as California declined magistrate judge jurisdiction, the case was reassigned to U.S. District Judge Richard Seeborg. California filed an amended complaint on May 4, 2018, adding several cities in California as additional plaintiffs.

In response to a motion by the City of San Jose and the Black Alliance for Just Immigration, Judge Seeborg ordered that the case of City of San Jose v. Ross be reassigned to his docket and the discovery schedules consolidated.

After choosing to forgo alternative dispute resolution, the parties filed their initial briefs in the summer of 2018. The government filed a lengthy administrative record on June 8, arguing this was sufficient to avoid further discovery before a decision on the June 21 motion to dismiss.

The court accepted amicus curiae briefs from several advocacy organizations and a bipartisan group of members of Congress. On July 6, the Los Angeles Unified School District filed a motion to intervene in the case.

The court denied the Commerce Department’s motion to dismiss on August 17 after an in-person hearing. 2018 WL 7142099. The court found standing, as California had plausibly alleged that its population contained a sufficiently large number of immigrants and non-citizens to result in an “appreciable undercount of those particular subgroups” were the census to include the citizenship question. On the issue of causation, the court reasoned that the Commerce Department was arguing for too high a standard for the purposes of a motion to dismiss. Alleging that the question would discourage its population from participating, was sufficient for California to plead the government would cause the injury. The court also recognized standing for the Black Alliance, as underrepresentation of immigrant communities on the census would frustrate the organization’s mission of fostering racial, economic, and social equality for these communities.

Having found the claims justiciable, the court addressed the Commerce Department’s substantive arguments on the Enumeration Clause claim. The department claimed California’s theory would call into question the use of other demographic questions, threatening the federal statistical system. However, the court determined that California was not seeking a determination on the constitutionality of census citizenship questions generally, but only under these particular facts.

The Commerce Department filed a motion for summary judgment on November 2, 2018, to which California responded on November 16. That same day, the Los Angeles Unified School District filed its notice of joinder and brief in opposition to the summary judgment motion. The parties filed a series of reply briefs throughout the month of November.

The court denied the motion on December 14, 2018. 2018 WL 7142097. On the issue of standing, the court found that California’s experts provided sufficient evidence to establish a future injury. San Jose had the additional potential injury of loss of federal funding based on under-representative census data. On the substantive Enumeration Clause claim, the court noted that it had already rejected the government's theory that the clause required only a person-by-person headcount and found California’s evidence sufficient to establish a material dispute of fact. On the merits of the APA claim, the court found that on the administrative record alone, neither party was entitled to summary judgment on this issue. It was too early to determine whether the decision was pretextual, and the court found a material dispute as to whether the Secretary considered relevant data in making his decision. Additionally, the court recognized that assessing the credibility of Census Bureau’s analysis was an issue for trial.

California also argued that the decision exceeded the Secretary’s statutory authority under the APA. The San Jose plaintiffs sought summary judgment with respect to a specific provision of the statute. The first provision provided that the Secretary could make changes to the proposed census questions only if he or she found “new circumstances” made the changes necessary. The court found the issue required resolving credibility determinations and making inferences that could not be made at the summary judgment stage. The provision that San Jose cited required the Secretary rely on administrative records rather than direct inquiries to the maximum extent possible when collecting data on behalf of other agencies. San Jose argued the Secretary violated this by including the citizenship question rather than obtaining that information from existing records. The court denied both parties’ motions for summary judgment on this provision, as the issue required a factual examination.

The bench trial began on January 7, 2019. Throughout the bench trial, groups continued to offer amicus briefs. The same day as closing arguments, February 15, the Supreme Court granted certiorari in the related case, State of New York v. Department of Commerce. 2019 WL 331100. Given that this case would be controlling on the court here, the defendants recommended the court defer its ruling until the Supreme Court proceedings had finished. The plaintiffs opposed staying the case, and the court agreed.

On March 6, 2019, the court held that the decision to add a citizenship question violated the APA and the Enumeration Clause. 2019 WL 1052434. Under the APA, the court found the decision to have been arbitrary and capricious, an abuse of discretion, and otherwise not in accordance with law. Notwithstanding the discretion given to the Secretary, the court found that the addition of the citizenship question would result in a significant undercount. The court recognized the standing of all plaintiffs involved. Accordingly, in its March 13 order, the court entered judgment for the plaintiffs on the Enumeration, Fourteenth Amendment, and APA claims. The court entered judgment for the defendants on San Jose’s claim under the Apportionment Clause, finding the city failed to establish standing, as it could not demonstrate that it would be particularly harmed even if California lost congressional representation. The court vacated the Secretary’s decision and remanded to the Department of Commerce. Per the decision on the APA claim, the court issued a permanent injunction against including a citizenship question unless (1) the defendants establish that the question would be a necessary substitute where the administrative records would not suffice, (2) identify new circumstances to make the question necessary, and (3) the Secretary considers all relevant factors and evidence and explains his decision. The defendants appealed the decision to the Ninth Circuit Court of Appeals. The Supreme Court issued its opinion in New York before the Ninth Circuit could rule on the matter.

The Supreme Court ruled in Department of Commerce v. New York on June 27, 2019, that the addition of the citizenship question was permitted, but that the agency action was reviewable under the APA. The Court held that since there was a disconnect between the evidence available to the agency when it made the decision and the explanation offered, the explanation appeared pretextual. The Court allowed the injunction to stand and remanded the case back to the district court for further inquiry. 588 U.S.__(2019).

Once the Supreme Court issued its ruling, California moved for a permanent injunction to enter final judgement after remand on July 30, 2019. Judge Seeborg granted this order on August 1. California and the Los Angeles Unified School District each sought attorney fees on August 15. California filed a notice that attorney fees and costs had been settled on November 1st.

As the census has concluded, so too has this case.

Summary Authors

Will McCartney (4/5/2018)

Erica Lignell (3/20/2019)

John Duffield (8/3/2021)

Related Cases

New York Immigration Coalition v. U.S. Department of Commerce, Southern District of New York (2018)

NAACP v. Bureau of the Census, District of Maryland (2018)

State of New York v. U.S. Department of Commerce, Southern District of New York (2018)

Kravitz v. United States Department of Commerce, District of Maryland (2018)

San Jose v. Ross, Northern District of California (2018)

La Unión Del Pueblo Entero v. Ross, District of Maryland (2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6346583/parties/state-of-california-v-ross/


Judge(s)

Seeborg, Richard G. (California)

Attorneys(s) for Plaintiff

Bee, Maria (California)

Bernstein, Erin Brianna (California)

Boutin, Gabrielle Downey (California)

Carter, Margaret L. (California)

Coleman, Charles Lagrange III (California)

Ferrari, Anna Theresa (California)

Flores, Valerie L. (California)

Grabarsky, Todd (California)

Holtzman, David Ilan (California)

Judge(s)

Seeborg, Richard G. (California)

Attorneys(s) for Plaintiff

Bee, Maria (California)

Bernstein, Erin Brianna (California)

Boutin, Gabrielle Downey (California)

Carter, Margaret L. (California)

Coleman, Charles Lagrange III (California)

Ferrari, Anna Theresa (California)

Flores, Valerie L. (California)

Grabarsky, Todd (California)

Holtzman, David Ilan (California)

Kenealy, Kathleen Alice (California)

Levine, Harvey (California)

Luebberke, John Michael (California)

Mais, Michael John (California)

McPherson, Malia (California)

Skelly, Noreen Patricia (California)

Suvor, Daniel R (California)

Wise, R Matthew (California)

Attorneys(s) for Defendant

Bailey, Kate (District of Columbia)

Ehrlich, Stephen (District of Columbia)

Federighi, Carol (District of Columbia)

Shumate, Brett (District of Columbia)

Tomlinson, Martin (District of Columbia)

Wells, Carlotta (District of Columbia)

Wydra, Elizabeth B. (District of Columbia)

Other Attorney(s)

Delery, Stuart F. (District of Columbia)

Dixon, Megan (California)

Espiritu, Nicholas David (California)

Evans, Sue Ann Salmon (California)

Holmquist, David (California)

Johansen, Robin B. (California)

Johansen [inactive], Robin Bradle (California)

Kleinbrodt, Julian Wolfe (California)

Kozina, Vladimir F. (California)

Mugmon, Michael A. (California)

Southwell, Alexander H. (New York)

Weir, Bryan K. (Virginia)

Yeomans, Keith Alexander (California)

Documents in the Clearinghouse

Document

3:18-cv-01865

Docket [PACER]

State of California v. Ross

Aug. 3, 2021

Aug. 3, 2021

Docket
1

3:18-cv-01865

Complaint for Declaratory and Injunctive Relief

State of California v. Ross

March 26, 2018

March 26, 2018

Complaint
12

3:18-cv-01865

First Amended Complaint for Declaratory and Injunctive Relief

May 4, 2018

May 4, 2018

Complaint
75

3:18-cv-01865

Order Dismissing Motions to Dismiss

Aug. 17, 2018

Aug. 17, 2018

Order/Opinion
114

3:18-cv-01865

Order Denying Motions for Summary Judgment and for Partial Summary Judgment

Dec. 14, 2018

Dec. 14, 2018

Order/Opinion
150

3:18-cv-01865

Order Granting in Part and Denying in Part Motion in Limine

Jan. 4, 2019

Jan. 4, 2019

Order/Opinion
185

3:18-cv-01865

Order Re Plaintiffs' Requests for Judicial Notice

Jan. 17, 2019

Jan. 17, 2019

Order/Opinion
205

3:18-cv-01865

Findings of Fact and Conclusions of Law

March 6, 2019

March 6, 2019

Order/Opinion
207

3:18-cv-01865

Final Judgment, Order of Vacatur, and Permanent Injunction

March 13, 2019

March 13, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6346583/state-of-california-v-ross/

Last updated Aug. 4, 2022, 3:25 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants (Filing fee $ 400.00, receipt number 0971-12221221.). Filed by State of California. (Attachments: # 1 Civil Cover Sheet) (Boutin, Gabrielle) (Filed on 3/26/2018) Modified on 4/2/2018 (gbaS, COURT STAFF). (Entered: 03/26/2018)

1 Civil Cover Sheet

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March 26, 2018

March 26, 2018

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2

Proposed Summons. (Boutin, Gabrielle) (Filed on 3/26/2018) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

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3

Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/10/2018. (haS, COURT STAFF) (Filed on 3/27/2018) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

PACER
4

NOTICE of Appearance by R Matthew Wise (Wise, R) (Filed on 3/27/2018) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

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5

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by State of California.. (Boutin, Gabrielle) (Filed on 3/27/2018) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

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6

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 3/28/2018) (Entered: 03/28/2018)

March 28, 2018

March 28, 2018

PACER
7

ORDER REASSIGNING CASE. Case reassigned to Judge Richard Seeborg for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by the Executive Committee on 3/28/18. (Attachments: # 1 Notice of Eligibility for Video Recording)(srnS, COURT STAFF) (Filed on 3/28/2018) (Entered: 03/28/2018)

1 Notice of Eligibility for Video Recording

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March 28, 2018

March 28, 2018

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8

Initial Case Management Scheduling Order with ADR Deadlines: 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 Case Management Statement due by 6/21/2018. Initial Case Management Conference set for 6/28/2018 10:00 PM in San Francisco, Courtroom 03, 17th Floor. (Attachments: # 1 Notice of Eligibility for Video Recording) (gbaS, COURT STAFF) (Filed on 4/2/2018) (Entered: 04/02/2018)

1 Notice of Eligibility for Video Recording

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April 2, 2018

April 2, 2018

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9

Summons Issued as to Ron Jarmin, Wilbur Ross, Jr, U.S. Census Bureau, U.S. Department of Commerce. (gbaS, COURT STAFF) (Filed on 4/2/2018) (Entered: 04/02/2018)

April 2, 2018

April 2, 2018

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10

CLERK'S NOTICE SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by 6/21/2018. Initial Case Management Conference set for 6/28/2018 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 4/13/2018) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER
11

MOTION to Relate Case filed by City Of San Jose, Black Alliance For Just Immigration. (Attachments: # 1 Proposed Order, # 2 Declaration of John F. Libby, # 3 Exhibit 1, # 4 Exhibit 2)(Guardado, Ana) (Filed on 4/17/2018) (Entered: 04/17/2018)

1 Proposed Order

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2 Declaration of John F. Libby

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3 Exhibit 1

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4 Exhibit 2

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April 17, 2018

April 17, 2018

PACER
12

FIRST AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants. Filed by State of California. (Boutin, Gabrielle) (Filed on 5/4/2018) Modified on 5/31/2018 (gbaS, COURT STAFF). (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

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13

CERTIFICATE OF SERVICE by Black Alliance For Just Immigration, City Of San Jose re 11 MOTION to Relate Case (Guardado, Ana) (Filed on 5/15/2018) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

RECAP
14

RELATED CASE ORDER by Judge Richard Seeborg granting 11 Motion to Relate Case(s) C-18-1865 RS and C-18-2279 HRL.(tlS, COURT STAFF) (Filed on 5/22/2018) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

RECAP
15

NOTICE of Appearance by Carol Federighi (Federighi, Carol) (Filed on 5/23/2018) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

RECAP
16

NOTICE of Appearance by Stephen Ehrlich on behalf of Defendants (Ehrlich, Stephen) (Filed on 5/24/2018) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

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17

STIPULATION WITH PROPOSED ORDER for Hearing and Briefing Deadlines re: Discovery Outside the Administrative Record filed by State of California. (Boutin, Gabrielle) (Filed on 6/5/2018) (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

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18

STIPULATION AND ORDER for Hearing and Briefing Deadlines re: Discovery Outside the Administrative Record. Status Conference set for 6/28/2018 at 02:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 6/6/18. (cl, COURT STAFF) (Filed on 6/6/2018) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

RECAP
19

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Ehrlich, Stephen) (Filed on 6/7/2018) (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

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20

STIPULATION WITH PROPOSED ORDER re Joint Request for Relief from Automatic Referral to ADR Multi-Option Program filed by State of California. (Wise, R.) (Filed on 6/7/2018) (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

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21

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Parties and Counsel (Wise, R.) (Filed on 6/7/2018) (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

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22

Clerk's Notice of Video Recording Request. Video Camera hearing set for 6/28/2018 at 02:30 PM. Objections to Video Recording due 6/15/2018. (cl, COURT STAFF) (Filed on 6/8/2018) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

RECAP
23

NOTICE by Ron Jarmin, Wilbur Ross, Jr, U.S. Census Bureau, U.S. Department of Commerce of Filing Administrative Record (Attachments: # 1 Certification of Administrative Record, # 2 Index of Administrative Record, # 3 Administrative Record Part I, # 4 Administrative Record Part II, # 5 Administrative Record Part III)(Ehrlich, Stephen) (Filed on 6/8/2018) (Entered: 06/08/2018)

1 Certification of Administrative Record

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2 Index of Administrative Record

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3 Administrative Record Part I

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4 Administrative Record Part II

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5 Administrative Record Part III

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June 8, 2018

June 8, 2018

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24

ORDER by Judge Richard Seeborg granting 20 relief from automatic referral to ADR Multi-Option Program. (cl, COURT STAFF) (Filed on 6/11/2018) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

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25

*** FILED IN ERROR. PLEASE SEE DOCKET # 26 . *** Clerk's Notice DECLINING Video Recording re: 22 Clerk's Notice of Video Recording Request. (cl, COURT STAFF) (Filed on 6/11/2018) Modified on 6/11/2018 (cl, COURT STAFF). (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

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26

Clerk's Notice DECLINING Video Recording re: 22 Clerk's Notice of Video Recording Request. (cl, COURT STAFF) (Filed on 6/11/2018) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

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27

Brief Opening Brief re: Right to Take Discovery filed byState of California. (Wise, R.) (Filed on 6/14/2018) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

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28

Brief in Support of Review on the Administrative Record filed byRon Jarmin, Wilbur Ross, Jr, U.S. Census Bureau, U.S. Department of Commerce. (Ehrlich, Stephen) (Filed on 6/14/2018) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

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29

STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule and Excess Pages filed by Ron Jarmin, Wilbur Ross, Jr, U.S. Census Bureau, U.S. Department of Commerce. (Bailey, Kate) (Filed on 6/18/2018) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

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30

ORDER by Judge Richard Seeborg granting 29 Stipulation regarding briefing schedule and excess pages for Defendants' motion to dismiss. (cl, COURT STAFF) (Filed on 6/18/2018) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

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31

SUMMONS Returned Executed by State of California. Ron Jarmin served on 4/11/2018, answer due 6/11/2018; Wilbur Ross, Jr served on 4/11/2018, answer due 6/11/2018; U.S. Census Bureau served on 4/11/2018, answer due 6/11/2018; U.S. Department of Commerce served on 4/11/2018, answer due 6/11/2018. (Attachments: # 1 Certificate/Proof of Service re Ross, # 2 Certificate/Proof of Service re Jarmin, # 3 Certificate/Proof of Service re DOJ, # 4 Certificate/Proof of Service re Commerce, # 5 Certificate/Proof of Service re Census)(Boutin, Gabrielle) (Filed on 6/19/2018) (Entered: 06/19/2018)

1 Certificate/Proof of Service re Ross

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2 Certificate/Proof of Service re Jarmin

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3 Certificate/Proof of Service re DOJ

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4 Certificate/Proof of Service re Commerce

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5 Certificate/Proof of Service re Census

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June 19, 2018

June 19, 2018

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32

CERTIFICATE OF SERVICE by State of California of First Amended Complaint, SUMMONS Returned Executed by State of California. Ron Jarmin served on 5/9/2018, answer due 7/9/2018; Wilbur Ross, Jr served on 5/9/2018, answer due 7/9/2018; U.S. Census Bureau served on 5/9/2018, answer due 7/9/2018; U.S. Department of Commerce served on 5/9/2018, answer due 7/9/2018. (Attachments: # 1 Certificate/Proof of Service re Census, # 2 Certificate/Proof of Service re Jarmin, # 3 Certificate/Proof of Service re Ross)(Boutin, Gabrielle) (Filed on 6/19/2018) (Entered: 06/19/2018)

1 Certificate/Proof of Service re Census

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2 Certificate/Proof of Service re Jarmin

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3 Certificate/Proof of Service re Ross

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June 19, 2018

June 19, 2018

PACER
33

NOTICE by Ron Jarmin, Wilbur Ross, Jr, U.S. Census Bureau, U.S. Department of Commerce of Filing Supplement to Administrative Record (Attachments: # 1 Supplement)(Ehrlich, Stephen) (Filed on 6/21/2018) (Entered: 06/21/2018)

1 Supplement

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June 21, 2018

June 21, 2018

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34

CASE MANAGEMENT STATEMENT Joint Case Management Statement & [Proposed] Order filed by State of California. (Boutin, Gabrielle) (Filed on 6/21/2018) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

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35

Brief Plaintiff's Responsive Brief re: Right to Take Discovery filed byState of California. (Wise, R.) (Filed on 6/21/2018) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

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36

Brief in Further Support of Review on the Admin Record filed byRon Jarmin, Wilbur Ross, Jr, U.S. Census Bureau, U.S. Department of Commerce. (Bailey, Kate) (Filed on 6/21/2018) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

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37

MOTION to Dismiss filed by Ron Jarmin, Wilbur Ross, Jr, U.S. Census Bureau, U.S. Department of Commerce. Motion Hearing set for 8/9/2018 01:30 PM before Judge Richard Seeborg. Responses due by 7/17/2018. Replies due by 7/26/2018. (Attachments: # 1 Proposed Order)(Bailey, Kate) (Filed on 6/21/2018) (Entered: 06/21/2018)

1 Proposed Order

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June 21, 2018

June 21, 2018

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38

Transcript of Proceedings held on 6/28/2018, before Judge Richard Seeborg. 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 (59 in 3:18-cv-02279-RS) Transcript Order ) Redacted Transcript Deadline set for 7/30/2018. Release of Transcript Restriction set for 9/26/2018. (zinnlr62S, COURT STAFF) (Filed on 6/28/2018) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
39

Minute Entry for proceedings held before Judge Richard Seeborg: Status Conference held on 6/28/2018. Parties shall meet and confer regarding proposed scheduling issues and specific suggestions as to the scope of discovery by 8/10/2018. Motion Hearing set for 8/10/2018 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg.Total Time in Court: 1 hour 13 minutes. Court Reporter: Lydia Zinn. Plaintiff Attorney: Gabrielle Boutin, R. Matthew Wise, Mark Beckington for State of California; Emil Petrossian, Ezra Rosenberg, John F. Libby for City of San Jose; Maria Bee for City of Oakland. Defendant Attorney: Kate Bailey, Carol Federighi. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Date Filed: 6/28/2018) Modified on 6/29/2018 (tlhS, COURT STAFF). (Entered: 06/29/2018)

June 28, 2018

June 28, 2018

PACER
40

NOTICE of Appearance by Vladimir Frank Kozina (Kozina, Vladimir) (Filed on 6/29/2018) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

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41

MOTION for Leave to File Memorandum of Law as Amicus Curiae filed by American Center for Law and Justice. (Attachments: # 1 Memorandum of Law of Amicus Curiae, # 2 Proposed Order)(Kozina, Vladimir) (Filed on 6/29/2018) (Entered: 06/29/2018)

1 Memorandum of Law of Amicus Curiae

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2 Proposed Order

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June 29, 2018

June 29, 2018

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42

NOTICE of Appearance by Bryan Kipp Weir (Weir, Bryan) (Filed on 7/2/2018) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

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43

MOTION for Leave to File Brief Amicus Curiae filed by Project on Fair Representation. (Attachments: # 1 Brief Amicus Curiae, # 2 Proposed Order)(Weir, Bryan) (Filed on 7/2/2018) (Entered: 07/02/2018)

1 Brief Amicus Curiae

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2 Proposed Order

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July 2, 2018

July 2, 2018

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44

ORDER by Judge Richard Seeborg granting 41 Motion for Leave to File. (cl, COURT STAFF) (Filed on 7/3/2018) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

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45

ORDER by Judge Richard Seeborg granting (43) Motion for Leave to File in case 3:18-cv-01865-RS; granting (63) Motion for Leave to File in case 3:18-cv-02279-RS. (cl, COURT STAFF) (Filed on 7/3/2018) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

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46

TRANSCRIPT ORDER for proceedings held on 6/28/2018 before Judge Richard Seeborg for Court Reporter Lydia Zinn. (rjdS, COURT STAFF) (Filed on 7/5/2018) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

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47

MOTION to Intervene filed by Los Angeles Unified School District. Motion Hearing set for 8/10/2018 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 7/20/2018. Replies due by 7/27/2018. (Attachments: # 1 Exhibit A - Proposed Complaint in Intervention, # 2 Proposed Order)(Salmon Evans, Sue) (Filed on 7/6/2018) (Entered: 07/06/2018)

1 Exhibit A - Proposed Complaint in Intervention

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2 Proposed Order

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July 6, 2018

July 6, 2018

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48

Certificate of Interested Entities by Los Angeles Unified School District re 47 MOTION to Intervene (Salmon Evans, Sue) (Filed on 7/6/2018) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

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49

NOTICE of Appearance by Keith Alexander Yeomans as additional counsel for Proposed Plaintiff-Intervenor Los Angeles Unified School District (Yeomans, Keith) (Filed on 7/9/2018) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
50

NOTICE by State of California Notice of Ruling in State of New York v. US Dept of Commerce (Wise, R.) (Filed on 7/10/2018) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

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51

Clerk's Notice of Video Recording Request. Video Camera hearing set for 8/10/2018 at 10:00 AM. Objections to Video Recording due 7/18/2018. (cl, COURT STAFF) (Filed on 7/11/2018) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
52

NOTICE of Appearance by David Robert Holmquist, Myles as additional counsel for Proposed Plaintiff-Intervenor Los Angeles Unified School District (Holmquist, David) (Filed on 7/12/2018) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

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53

OPPOSITION/RESPONSE (re 37 MOTION to Dismiss ) Plaintiffs' Opposition to Motion to Dismiss filed byState of California. (Boutin, Gabrielle) (Filed on 7/17/2018) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

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MOTION for Leave to File Amici Curiae Brief of Current Members of Congress and Bipartisan Former Members of Congress filed by Brian Schatz, Michael F. Bennet, Richard Blumenthal, Cory A. Booker, Ben Cardin, Tammy Duckworth, Richard Durbin, Kamala D. Harris, Mazie Hirono, Bill Nelson, Ron Wyden, Carolyn Maloney, Nanette Diaz Barragan, Howard Berman, Donald S. Beyer, Jr, Earl Blumenauer, Anthony G. Brown, Michael Capuano, Salud O. Carbajal, Tony Cardenas, Andre Carson, Judy Chu, David N. Cicilline, Yvette D. Clarke, Wm. Lacy Clay, Emanuel Cleaver, II, James Clyburn, Steve Cohen, Gerrold Connolly, J. Luis Correa, Joe Courtney, Joe Crowley, Henry Cuellar, Elijah E. Cummings, Danny K. Davis, Diana DeGette, John K. Delaney, Rosa L. DeLauro, Mark DeSaulnier, Ted Deutch, Debbie Dingell, Keith Ellison, Eliot L. Engel, Adriano Espaillat, Elizabeth Esty, Bill Foster, Lois Frankel, Marcia L. Fudge, Ruben Gallego, Jimmy Gomez, Gene Green, Raul M. Grijalva, Luis V. Gutierrez, Colleen Hanabusa, Alcee L. Hastings, Steny Hoyer, Sheila Jackson Lee, Pramila Jayapal, Hakeem Jeffries, Henry C. "Hank" Johnson, Jr, Ro Khanna, Ruben J. Kihuen, Daniel T. Kildee, John B. Larson, Brenda L. Lawrence, Barbara Lee, John Lewis, Zoe Lofgren, Alan Lowenthal, Nita Lowey, Michelle Lujan Grisham, Stephen F. Lynch, Doris Matsui, Betty McCollum, A. Donald McEachin, James P. McGovern, Jerry McNerney, Gregory W. Meeks, Grace Meng, Constance Morella, Gwen Moore, Jerrold Nadler, Grace F. Napolitano, Rick Nolan, Donald Norcross, Eleanor Holmes Norton, Frank Pallone, Jr, Jimmy Panetta, Bill Pascrell, Jr, Nancy Pelosi, Ed Perlmutter, Chellie Pingree, Mark Pocan, Jared Polis, John Porter, David E. Price, Mike Quigley, Jamie Raskin, Kathleen M. Rice, Jacky Rosen, Lucille Roybal-Allard, Bobby L. Rush, Linda T. Sanchez, John Sarbanes, Janice D. Schakowsky, Claudine Schneider, Jose Serrano, Brad Sherman, Albio Sires, David Skaggs, Adam Smith, Peter Smith, Darren Soto, Jackie Speier, Mark Takano, Bennie G. Thompson, Mike Thompson, Dina Titus, Norma J. Torres, Juan Vargas, Filemon Vela, Nydia M. Velazquez, Tim Walz, Debbie Wasserman Schultz, Bonnie Watson Coleman, Henry A. Waxman, Peter Welch, John Yarmuth. (Attachments: # 1 Exhibit Proposed Amici Curiae Brief, # 2 Proposed Order)(Wydra, Elizabeth) (Filed on 7/19/2018) (Entered: 07/19/2018)

1 Exhibit Proposed Amici Curiae Brief

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2 Proposed Order

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July 19, 2018

July 19, 2018

PACER
55

ORDER by Judge Richard Seeborg granting (54) Motion for Leave to File.(cl, COURT STAFF) (Filed on 7/19/2018) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
56

Clerk's Notice CONSENTING TO Video Recording re: 51 Clerk's Notice of Video Recording Request. (Related documents(s) 51 )(cl, COURT STAFF) (Filed on 7/19/2018) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

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57

OPPOSITION/RESPONSE (re 47 MOTION to Intervene ) Plaintiff's Response to Los Angeles Unified School District's Motion for Leave to Intervene filed byState of California. (Wise, R.) (Filed on 7/20/2018) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

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OPPOSITION/RESPONSE (re 47 MOTION to Intervene ) filed byRon Jarmin, Wilbur Ross, Jr, U.S. Census Bureau, U.S. Department of Commerce. (Federighi, Carol) (Filed on 7/20/2018) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
59

NOTICE of Appearance by Michael A Mugmon (Mugmon, Michael) (Filed on 7/24/2018) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

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60

MOTION for Leave to File Amicus Brief filed by Muslim Advocates, NALEO Educational Fund, National Coalition on Black Civic Participation, The Brennan Center for Justice at N.Y.U. School of Law, The Leadership Conference Education Fund, The Leadership Conference on Civil and Human Rights. (Attachments: # 1 Brief of Amicus Curiae, # 2 Proposed Order)(Mugmon, Michael) (Filed on 7/24/2018) (Entered: 07/24/2018)

1 Brief of Amicus Curiae

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2 Proposed Order

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July 24, 2018

July 24, 2018

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61

Consent MOTION for Extension of Time to File Response/Reply as to 36 Brief, 37 MOTION to Dismiss filed by Ron Jarmin, Wilbur Ross, Jr, U.S. Census Bureau, U.S. Department of Commerce. (Attachments: # 1 Declaration Bailey Declaration in Support of Unopposed Motion)(Bailey, Kate) (Filed on 7/25/2018) (Entered: 07/25/2018)

1 Declaration Bailey Declaration in Support of Unopposed Motion

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July 25, 2018

July 25, 2018

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62

ORDER by Judge Richard Seeborg granting (61) Motion for Extension of Time to File Response/Reply in case 3:18-cv-01865-RS; granting (74) Motion for Extension of Time to File Response/Reply in case 3:18-cv-02279-RS. (cl, COURT STAFF) (Filed on 7/25/2018) (Entered: 07/25/2018)

July 25, 2018

July 25, 2018

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63

ORDER by Judge Richard Seeborg granting 60 Motion for Leave to File. (cl, COURT STAFF) (Filed on 7/27/2018) (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
64

REPLY (re 47 MOTION to Intervene ) filed byLos Angeles Unified School District. (Salmon Evans, Sue) (Filed on 7/27/2018) (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
65

REPLY (re 37 MOTION to Dismiss ) filed byRon Jarmin, Wilbur Ross, Jr, U.S. Census Bureau, U.S. Department of Commerce. (Bailey, Kate) (Filed on 7/31/2018) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

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66

MOTION for Leave to File Supplemental Brief and Declaration in Support of Their Right to Take Discovery filed by State of California. (Attachments: # 1 Declaration of Gabrielle D, Boutin in Support, # 2 Proposed Order)(Boutin, Gabrielle) (Filed on 8/3/2018) (Entered: 08/03/2018)

1 Declaration of Gabrielle D, Boutin in Support

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2 Proposed Order

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Aug. 3, 2018

Aug. 3, 2018

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67

NOTICE of Substitution of Counsel by Daniel R. Suvor / Substituting Holland & Knight LLP In Place of OMelveny & Myers LLP As Counsel for Plaintiff Los Angeles County and [Proposed] Order (Suvor, Daniel) (Filed on 8/6/2018) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
68

ORDER re 67 Substitution of Counsel for Plaintiff County of Los Angeles. Signed by Judge Richard Seeborg on 8/7/18. (cl, COURT STAFF) (Filed on 8/7/2018) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

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NOTICE of Appearance by Charles Lagrange Coleman, III ON BEHALF OF PLAINTIFF COUNTY OF LOS ANGELES (Coleman, Charles) (Filed on 8/7/2018) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
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Statement Joint Report on Coordination of Discovery by State of California. (Boutin, Gabrielle) (Filed on 8/9/2018) (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

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Minute Entry for proceedings held before Judge Richard Seeborg: Motion Hearing held on 8/10/2018. Bench Trial set for 1/7/2019 at 09:00 AM before Judge Richard Seeborg. Motion Hearing set for 12/7/2018 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Parties shall submit proposed scheduling order. Motions taken under submission; Court to issue an order.Total Time in Court: 2 hours 30 minutes.Court Reporter: Jo Ann Bryce.Plaintiff Attorney: State of California - R. Matthew Wise, David Holtzman, Gabrielle Boutin, Malia McPherson, Charles Coleman, Harvey Levine, Intervenor - Sue Ann Salmon Evans City of San Jose - Ezra Rosenberg, Ana Guardado, Emil Petrossian.Defendant Attorney: Kate Bailey, M. Andrew Zee. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Date Filed: 8/10/2018) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

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Transcript of Proceedings held on 8/10/18, before Judge Richard Seeborg. Court Reporter Jo Ann Bryce, telephone number 510-910-5888, email: 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 (82 in 3:18-cv-02279-RS) Transcript Order ) Release of Transcript Restriction set for 11/9/2018. (jabS, COURTSTAFF) (Filed on 8/11/2018) (Entered: 08/11/2018)

Aug. 11, 2018

Aug. 11, 2018

PACER
73

TRANSCRIPT ORDER for proceedings held on 8/10/2018 before Judge Richard Seeborg for Court Reporter Jo Ann Bryce. (rjdS, COURT STAFF) (Filed on 8/13/2018) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

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74

TRANSCRIPT ORDER for proceedings held on 8/10/2018 before Judge Richard Seeborg by Los Angeles Unified School District, for Court Reporter Jo Ann Bryce. (Salmon Evans, Sue) (Filed on 8/14/2018) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
75

ORDER by Judge Richard Seeborg denying (37) Motion to Dismiss in case 3:18-cv-01865-RS; denying (55) Motion to Dismiss in case 3:18-cv-02279-RS. (cl, COURT STAFF) (Filed on 8/17/2018) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

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ORDER GRANTING REQUEST TO CONDUCT DISCOVERY OUTSIDE THE ADMINISTRATIVE RECORD. Signed by Judge Richard Seeborg on 8/17/18. (cl, COURT STAFF) (Filed on 8/17/2018) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

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77

TRANSCRIPT ORDER for proceedings held on 8/10/18 before Judge Richard Seeborg by State of California, for Court Reporter Jo Ann Bryce. (Wise, R.) (Filed on 8/22/2018) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

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78

STIPULATION WITH PROPOSED ORDER to Case Schedule filed by State of California. (Wise, R.) (Filed on 8/29/2018) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

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79

STIPULATION AND ORDER RE 78 TO CASE SCHEDULE AS MODIFIED BY THE COURT. Bench Trial set for 1/7/2019 at 09:00 AM before Judge Richard Seeborg. Pretrial Conference set for 1/2/2019 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 8/30/18. (cl, COURT STAFF) (Filed on 8/30/2018) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

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80

ANSWER to Amended Complaint byRon Jarmin, Wilbur Ross, Jr, U.S. Census Bureau, U.S. Department of Commerce. (Federighi, Carol) (Filed on 8/31/2018) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

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81

Joint ADMINISTRATIVE MOTION For Entry of FRE 502(d) Order filed by Ron Jarmin, Wilbur Ross, Jr, U.S. Census Bureau, U.S. Department of Commerce. Responses due by 9/11/2018. (Attachments: # 1 Proposed Order Proposed FRE 502(d) Order)(Federighi, Carol) (Filed on 9/7/2018) (Entered: 09/07/2018)

1 Proposed Order Proposed FRE 502(d) Order

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Sept. 7, 2018

Sept. 7, 2018

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82

ORDER by Judge Richard Seeborg granting 81 Administrative Motion. (cl, COURT STAFF) (Filed on 9/7/2018) (Entered: 09/07/2018)

Sept. 7, 2018

Sept. 7, 2018

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83

TRANSCRIPT ORDER for proceedings held on 08/10/2018 before Judge Richard Seeborg by Ron Jarmin, Wilbur Ross, Jr, U.S. Census Bureau, U.S. Department of Commerce, for Court Reporter Jo Ann Bryce. (Bailey, Kate) (Filed on 9/10/2018) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

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84

NOTICE of Appearance by Maria Bee Notice of Appearance of Maria Bee as Co-Counsel for Plaintiff City of Oakland (Bee, Maria) (Filed on 9/25/2018) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

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85

STIPULATION WITH PROPOSED ORDER to Modify Case Schedule to Extend Expert Discovery filed by State of California. (Boutin, Gabrielle) (Filed on 10/9/2018) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

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86

ORDER by Judge Richard Seeborg granting 85 Stipulation to modify case schedule to extend expert discovery. (cl, COURT STAFF) (Filed on 10/9/2018) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

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87

NOTICE by Ron Jarmin, Wilbur Ross, Jr, U.S. Census Bureau, U.S. Department of Commerce of Stay Issued by Supreme Court (Federighi, Carol) (Filed on 10/10/2018) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

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88

NOTICE by State of California re 87 Notice (Other) (Wise, R.) (Filed on 10/12/2018) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

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89

MOTION for Summary Judgment filed by U.S. Census Bureau, U.S. Department of Commerce. Motion Hearing set for 12/7/2018 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 11/16/2018. Replies due by 11/23/2018. (Attachments: # 1 Exhibit Abowd Expert Report, # 2 Exhibit Gurrea Expert Report, # 3 Proposed Order Proposed Order Granting Summary Judgment)(Bailey, Kate) (Filed on 11/2/2018) (Entered: 11/02/2018)

1 Exhibit Abowd Expert Report

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2 Exhibit Gurrea Expert Report

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3 Proposed Order Proposed Order Granting Summary Judgment

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Nov. 2, 2018

Nov. 2, 2018

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90

ORDER GRANTING STIPULATION TO EXTEND DEADLINE FOR REPLY BRIEFING AS MODIFIED BY THE COURT. Signed by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 11/14/2018) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

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91

OPPOSITION/RESPONSE (re 89 MOTION for Summary Judgment ) filed byState of California. (Attachments: # 1 Supplement, # 2 Exhibit, # 3 Declaration, # 4 Exhibit, # 5 Declaration, # 6 Exhibit, # 7 Declaration, # 8 Declaration, # 9 Declaration, # 10 Declaration, # 11 Declaration, # 12 Declaration, # 13 Declaration, # 14 Declaration)(Boutin, Gabrielle) (Filed on 11/16/2018) (Entered: 11/16/2018)

1 Supplement

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2 Exhibit

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3 Declaration

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4 Exhibit

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5 Declaration

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6 Exhibit

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7 Declaration

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8 Declaration

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9 Declaration

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10 Declaration

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11 Declaration

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12 Declaration

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13 Declaration

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14 Declaration

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Nov. 16, 2018

Nov. 16, 2018

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92

OPPOSITION/RESPONSE (re 89 MOTION for Summary Judgment ) and Notice of Joinder and Joinder filed byLos Angeles Unified School District. (Attachments: # 1 Declaration of Sue Ann Evans and Exhibits A-D, # 2 Declaration of Karen Ryback, # 3 Declaration of Pia Escudero)(Salmon Evans, Sue) (Filed on 11/16/2018) (Entered: 11/16/2018)

1 Declaration of Sue Ann Evans and Exhibits A-D

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2 Declaration of Karen Ryback

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3 Declaration of Pia Escudero

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Nov. 16, 2018

Nov. 16, 2018

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93

MOTION for Leave to File Brief Amicus Curiae filed by Legislature of the State of California. (Attachments: # 1 [Proposed] Brief Amicus Curiae of the Legislature of the State of California, # 2 Request for Judicial Notice; Declaration of Michael Narciso, # 3 Proposed Order Granting the Legislature of the State of California's Motion for Leave to File Brief Amicus Curiae)(Johansen, Robin) (Filed on 11/20/2018) (Entered: 11/20/2018)

1 [Proposed] Brief Amicus Curiae of the Legislature of the State of California

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2 Request for Judicial Notice; Declaration of Michael Narciso

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3 Proposed Order Granting the Legislature of the State of California's Motion

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Nov. 20, 2018

Nov. 20, 2018

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94

ORDER by Judge Richard Seeborg granting 93 Motion for Leave to File. (cl, COURT STAFF) (Filed on 11/21/2018) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

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95

REPLY (re 89 MOTION for Summary Judgment ) filed byRon Jarmin, Wilbur Ross, Jr, U.S. Census Bureau, U.S. Department of Commerce. (Attachments: # 1 Declaration)(Federighi, Carol) (Filed on 11/26/2018) (Entered: 11/26/2018)

1 Declaration

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Nov. 26, 2018

Nov. 26, 2018

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96

Joint ADMINISTRATIVE MOTION for Administrative Relief re: 1) Exhibit and Witness Disclosure Deadline, 2) Length of Trial Days, and 3) Direct Testimony at Trial by Declaration filed by State of California. Responses due by 12/3/2018. (Attachments: # 1 Proposed Order)(Boutin, Gabrielle) (Filed on 11/28/2018) (Entered: 11/28/2018)

1 Proposed Order

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Nov. 28, 2018

Nov. 28, 2018

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97

OBJECTIONS to Defendants' Reply in Support of Their Motion for Summary Judgment by State of California. (Boutin, Gabrielle) (Filed on 11/30/2018) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

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98

NOTICE of Appearance by Martin Tomlinson for Defendants (Tomlinson, Martin) (Filed on 12/1/2018) (Entered: 12/01/2018)

Dec. 1, 2018

Dec. 1, 2018

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99

ORDER by Judge Richard Seeborg granting (96) Administrative Motion. (cl, COURT STAFF) (Filed on 12/3/2018) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

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100

NOTICE of Appearance by Anna Theresa Ferrari, Anthony R. Hakl and Todd Grabarsky (Ferrari, Anna) (Filed on 12/3/2018) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

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Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: March 26, 2018

Closing Date: Dec. 31, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State of California, City of San Jose, the Black Alliance for Just Immigration, and the Los Angeles Unified School District.

Plaintiff Type(s):

State Plaintiff

Attorney Organizations:

Brennan Center for Justice

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Census Bureau, Federal

Department of Commerce, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Enumerations Clause

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Immigration status

National origin discrimination

Race discrimination

National Origin/Ethnicity:

Hispanic