Case: San Jose v. Ross

3:18-cv-02279 | U.S. District Court for the Northern District of California

Filed Date: April 17, 2018

Closed Date: Dec. 31, 2020

Clearinghouse coding complete

Case Summary

The U.S. Census Bureau, a division of the U.S. Department of Commerce, conducts a census every ten years. The census surveys the number of persons in each household and, in the process, gathers certain demographic information about those persons. The Bureau’s stated goal in administering the census “is to count every person living in the United States once, only once and in the right place.” In 2018, the Department of Commerce announced the final list of questions for the 2020 decennial census …

The U.S. Census Bureau, a division of the U.S. Department of Commerce, conducts a census every ten years. The census surveys the number of persons in each household and, in the process, gathers certain demographic information about those persons. The Bureau’s stated goal in administering the census “is to count every person living in the United States once, only once and in the right place.” In 2018, the Department of Commerce announced the final list of questions for the 2020 decennial census that it will submit to Congress. This would include a question asking the citizenship status of every person in every household in the US, which has not been done since 1950. The citizenship question asked, “Is this person a citizen of the United States?” and required the respondent to select one of the following responses:

1) “Yes, born in the United States”;

(2) “Yes, born in Puerto Rico, Guam, the U.S. Virgin Islands, or Northern Marianas”;

(3) “Yes, born abroad of U.S. citizen parent or parents”;

(4) “Yes, citizen by naturalization – Print year of naturalization”; or

(5) “No, not a U.S. citizen

On April 17, 2018, the city of San Jose and the Black Alliance for Just Immigration (BAJI) filed a complaint against Wilbur Ross, in his official capacity as Secretary of the U.S. Department of Commerce; the U.S. Department of Commerce; Ron Jarmin, in his official capacity as Acting Director of the U.S. Census Bureau; and the U.S. Census Bureau. The plaintiffs sought a declaration that including the citizenship question on the 2020 Census violated the Constitution’s “actual Enumeration” mandate and the Administrative Procedure Act (APA) prohibition against “arbitrary and capricious” agency action. Further, to avoid irreparable harm, the plaintiffs sought an injunction prohibiting the Bureau from including the citizenship question on the 2020 Census.

The plaintiffs claimed that that fewer people would respond to the 2020 Census if it included a citizenship question. The inaccurate data would in turn result in funding allocations that would disadvantage San Jose and its residents. The data from the 2020 Census would be used not only to allocate congressional seats but also to determine funding for public health, education, transportation and neighborhood improvements, all of which are determined based on the population as determined by the Census. An increase in the undercount of persons living in San Jose, and specifically an increased undercount of minority populations, would lead to San Jose and its residents suffering harm through both lost representation in the United States House of Representatives and millions of dollars of foregone federal funding. BAJI claimed it would also be harmed due to the diversion of essential and limited resources—including time and money—from other important matters that it ordinarily would have been addressing through dialogues, presentations, workshops, publications, technical assistance and trainings to build alliances between African American and immigrant communities, in order to educate its diverse constituents regarding issues related to the census citizenship questions. Like the residents in San Jose, the minority and immigrant communities BAJI serves would also be deterred from responding to the 2020 Census because of the citizenship question.

The complaint was filed in the US District Court of California (Northern District – San Jose Division). The case was originally assigned to Magistrate Judge Howard R. Lloyd, but San Jose did not consent to a US Magistrate Judge’s jurisdiction, and the case was randomly reassigned to U.S. District Judge Lucy H. Koh. On May 22, 2018, Judge Richard Seeborg signed an order relating this case to an earlier case assigned to him. In that case, State of California v Ross, the plaintiffs also claimed that the inclusion of a citizenship question operated by design to depress an accurate count of certain immigrant communities residing in the United States, in violation of the Constitution and the APA. Thus, San Jose v. Ross was reassigned to Judge Seeborg for all further proceedings.

The defendants moved to dismiss all claims asserted against them on June 21, but the judge rejected the motion, finding that the plaintiffs had standing to challenge the decision to add a citizenship question to the 2020 Census and that the plaintiffs had properly stated claims for relief under both the Enumeration Clause of the Constitution and the APA. On November 2, 2018, the plaintiffs filed a motion for partial summary judgment, and the defendants filed a motion for summary judgment. The court found that there was a material dispute of fact regarding whether, and to what extent, the addition of the citizenship question would impact the final enumeration of the public. The judge also concluded that there were material disputes regarding whether Secretary Ross failed to “consider an important aspect of the problem” before making his decision. The judge accordingly denied both parties’ motions for summary judgment on December 14, 2018. 362 F.Supp.3d 749.

After the case survived summary judgment, the parties prepared for trial. The bench trial began on January 7, 2019. On February 15, 2019, the same day as closing arguments, the Supreme Court granted certiorari in a related case regarding the census, State of New York v. Department of Commerce. The defendants recommended the court defer its ruling until the Supreme Court had finished its proceedings. 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 Administrative Procedure Act and the Enumeration Clause. 358 F.Supp.3d 965. The court held that the decision to include the citizenship question was arbitrary and capricious, was an abuse of discretion, and was not otherwise in accordance with the law. Notwithstanding the discretion given to the Secretary, the court found that the addition of the citizenship question would result in an undercount. Accordingly, on March 13, 2019, Judge Seeborg issued an order entering judgment for the plaintiffs on their APA claims, vacating Secretary Ross's decision to include the citizenship question on the 2020 Census, and permanently enjoining the defendants from including the citizenship question on the 2020 Census. On the same day, the defendants appealed to the Ninth Circuit. The case was docketed as No. 19-15457.

On March 18, 2019, the defendants filed a petition for writ of certiorari before judgment in the Supreme Court. The Supreme Court issued its opinion in Department of Commerce v. New York, and affirmed the district court’s judgment that the decision to add a citizenship question violates the APA. Following its decision, the Supreme Court granted the defendants’ petition for writ of certiorari, docket No. 18-1214. The judgment was vacated and the case was remanded to the Ninth Circuit for further consideration in light of Department of Commerce v. New York. The Ninth Circuit subsequent remanded the action the district court.

The plaintiffs filed an unopposed motion to enter final judgment on July 30, 2019. On August 1, 2019, Judge Seeborg granted the motion, vacated the prior judgment, and entered final judgment in favor of the plaintiffs on the APA claims and the defendants on the claims under the Enumeration Clause. The defendants were permanently enjoined from including a citizenship question or asking about citizenship on the 2020 census. The court was to retain jurisdiction to enforce the terms of the order until the 2020 Census results are processed and sent to the President by December 31, 2020. Since that date has passed, the case is closed.

Summary Authors

Esther Vinarov (2/9/2019)

Caitlin Kierum (11/23/2019)

Clearinghouse (6/24/2021)

Related Cases

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

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

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6703080/parties/city-of-san-jose-v-ross/


Judge(s)
Attorney for Plaintiff

Cardona, Mario (California)

Case, Andrew Claude (California)

Attorney for Defendant

Bates, Christopher A. (California)

Edney, Marsha S. (California)

Expert/Monitor/Master/Other

Delery, Stuart F. (California)

Documents in the Clearinghouse

Documents in this case

3:18-cv-02279

Docket

Nov. 18, 2019

Nov. 18, 2019

Docket
1

3:18-cv-02279

Complaint

April 17, 2018

April 17, 2018

Complaint
33

3:18-cv-02279

Related Case Order

May 22, 2018

May 22, 2018

Order/Opinion
86

3:18-cv-02279

Order Denying Motions to Dismiss

Aug. 17, 2018

Aug. 17, 2018

Order/Opinion
119

3:18-cv-02279

Order Denying Motions for Summary Judgment and for Partial Summary Judgment

Dec. 14, 2018

Dec. 14, 2018

Order/Opinion

362 F.Supp.3d 749

196

3:18-cv-02279

Findings of Fact and Conclusions of Law

March 6, 2019

March 6, 2019

Order/Opinion

358 F.Supp.3d 965

197

3:18-cv-02279

Final Judgment, Order of Vacatur, and Permanent Injunction

March 13, 2019

March 13, 2019

Order/Opinion
14

3:18-cv-02279

19-15457

Petition for Writ of Certiorari

U.S. Court of Appeals for the Ninth Circuit

March 14, 2019

March 14, 2019

Pleading / Motion / Brief

18-01214

Appendix

March 18, 2019

March 18, 2019

18-01214

Petition

March 18, 2019

March 18, 2019

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6703080/city-of-san-jose-v-ross/

Last updated Aug. 23, 2026, 4:34 a.m.

Docket for: City Of San Jose v. Ross
ECF Number Date Description Link
1 April 17, 2018

COMPLAINT against Ron Jarmin, Wilbur L. Ross, United States Census Bureau, United States Department of Commerce ( Filing fee $ 400, receipt number 0971-12276478.). Filed byCity Of San Jose, Black Alliance For Just Immigration. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(Guardado, Ana) (Filed on 4/17/2018) (Entered: 04/17/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Civil Cover Sheet

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Clearinghouse
2 April 17, 2018

Certificate of Interested Entities by Black Alliance For Just Immigration, City Of San Jose (Guardado, Ana) (Filed on 4/17/2018) (Entered: 04/17/2018)

RECAP
3 April 17, 2018

NOTICE of Appearance by Jon Greenbaum on behalf of plaintiffs (Greenbaum, Jon) (Filed on 4/17/2018) (Entered: 04/17/2018)

RECAP
4 April 17, 2018

Proposed Summons. (Guardado, Ana) (Filed on 4/17/2018) (Entered: 04/17/2018)

RECAP
5 April 17, 2018

Case assigned to Magistrate Judge Howard R. Lloyd. 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 5/1/2018. (srnS, COURT STAFF) (Filed on 4/17/2018) (Entered: 04/17/2018)

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6 April 17, 2018

NOTICE of Appearance by John Frederick Libby on behalf of plaintiffs (Libby, John) (Filed on 4/17/2018) (Entered: 04/17/2018)

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7 April 17, 2018

NOTICE of Appearance by John William McGuinness on behalf of plaintiffs (McGuinness, John) (Filed on 4/17/2018) (Entered: 04/17/2018)

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8 April 17, 2018

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/10/2018. Initial Case Management Conference set for 7/17/2018 01:30 PM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Howard R Lloyd. (dhmS, COURT STAFF) (Filed on 4/17/2018) (Entered: 04/18/2018)

RECAP
April 17, 2018

~Util - Case Assigned by Intake

9 April 18, 2018

Summons Issued as to Wilbur L. Ross, U.S. Attorney and U.S. Attorney General (dhmS, COURT STAFF) (Filed on 4/18/2018) (Entered: 04/18/2018)

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10 April 18, 2018

Summons Issued as to United States Department of Commerce, U.S. Attorney and U.S. Attorney General (dhmS, COURT STAFF) (Filed on 4/18/2018) (Entered: 04/18/2018)

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11 April 18, 2018

Summons Issued as to Ron Jarmin, U.S. Attorney and U.S. Attorney General (dhmS, COURT STAFF) (Filed on 4/18/2018) (Entered: 04/18/2018)

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12 April 18, 2018

Summons Issued as to United States Census Bureau, U.S. Attorney and U.S. Attorney General (dhmS, COURT STAFF) (Filed on 4/18/2018) (Entered: 04/18/2018)

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13 April 20, 2018

NOTICE of Appearance by Emil Petrossian on behalf of plaintiffs (Petrossian, Emil) (Filed on 4/20/2018) (Entered: 04/20/2018)

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14 April 25, 2018

***INCORRECT EVENT SELECTED WHEN POSTING DOCUMENT*** CERTIFICATE OF SERVICE by City Of San Jose re 1 Complaint, Wilbur L. Ross, Jr., in his Official Capacity as Secretary of the U.S. Department of Commerce (Guardado, Ana) (Filed on 4/25/2018) Modified text on 4/26/2018 (dhmS, COURT STAFF). (Entered: 04/25/2018)

Clearinghouse
15 April 25, 2018

***INCORRECT EVENT SELECTED WHEN POSTING DOCUMENT*** CERTIFICATE OF SERVICE by City Of San Jose re 1 Complaint, Ron Jarmin, in his Official Capacity as Acting Director of The U.S. Census Bureau (Guardado, Ana) (Filed on 4/25/2018) Modified text on 4/26/2018 (dhmS, COURT STAFF). (Entered: 04/25/2018)

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16 April 25, 2018

***INCORRECT EVENT SELECTED WHEN POSTING DOCUMENT*** CERTIFICATE OF SERVICE by City Of San Jose re 1 Complaint, U.S. Census Bureau (Guardado, Ana) (Filed on 4/25/2018) Modified text on 4/26/2018 (dhmS, COURT STAFF). (Entered: 04/25/2018)

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17 April 25, 2018

***INCORRECT EVENT SELECTED WHEN POSTING DOCUMENT*** CERTIFICATE OF SERVICE by City Of San Jose re 1 Complaint, U.S. Department of Commerce (Guardado, Ana) (Filed on 4/25/2018) Modified text on 4/26/2018 (dhmS, COURT STAFF). (Entered: 04/25/2018)

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18 April 26, 2018

SUMMONS Returned Executed by City Of San Jose. Wilbur L. Ross served on 4/18/2018, answer due 5/9/2018. Wilbur L. Ross, Jr., in His Official Capacity as Secretary of the U.S. Department of Commerce (Guardado, Ana) (Filed on 4/26/2018) (Entered: 04/26/2018)

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19 April 26, 2018

SUMMONS Returned Executed by City Of San Jose. United States Department of Commerce served on 4/18/2018, answer due 5/9/2018. U.S. Department of Commerce (Guardado, Ana) (Filed on 4/26/2018) (Entered: 04/26/2018)

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20 April 26, 2018

SUMMONS Returned Executed by City Of San Jose. Ron Jarmin served on 4/18/2018, answer due 5/9/2018. Ron Jarmin in His Official Capacity as Acting Director of the U.S. Census Bureau (Guardado, Ana) (Filed on 4/26/2018) (Entered: 04/26/2018)

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21 April 26, 2018

SUMMONS Returned Executed by City Of San Jose. United States Census Bureau served on 4/18/2018, answer due 5/9/2018. U.S. Census Bureau (Guardado, Ana) (Filed on 4/26/2018) (Entered: 04/26/2018)

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22 April 26, 2018

First MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12305435.) filed by Black Alliance For Just Immigration, City Of San Jose. (Attachments: # 1 Exhibit)(Rosenberg, Ezra) (Filed on 4/26/2018) (Entered: 04/26/2018)

1 Exhibit

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April 26, 2018

Electronic filing error. Incorrect event used. [err101]Please re-file in its entirety using correct event Summons Returned Executed. Re: 14 Certificate of Service filed by City Of San Jose, 16 Certificate of Service filed by City Of San Jose, 15 Certificate of Service filed by City Of San Jose, 17 Certificate of Service filed by City Of San Jose (dhmS, COURT STAFF) (Filed on 4/26/2018)

April 26, 2018

Electronic Filing Error

23 April 27, 2018

Order granting 22 Motion for Pro Hac Vice. Signed by Magistrate Judge Howard R. Lloyd on 4/27/2018. (hrllc3S, COURT STAFF) (Filed on 4/27/2018) (Entered: 04/27/2018)

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24 April 30, 2018

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12311932.) filed by Black Alliance For Just Immigration, City Of San Jose. (Attachments: # 1 Attachment)(Spence, Dorian) (Filed on 4/30/2018) (Entered: 04/30/2018)

1 Attachment

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25 April 30, 2018

Application for Refund, Receipt Number 0971-12311786 by Black Alliance For Just Immigration, City Of San Jose. (Spence, Dorian) (Filed on 4/30/2018) (Entered: 04/30/2018)

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26 April 30, 2018

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City Of San Jose.. (Libby, John) (Filed on 4/30/2018) (Entered: 04/30/2018)

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27 April 30, 2018

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. (pmc, COURT STAFF) (Filed on 4/30/2018) (Entered: 04/30/2018)

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28 May 1, 2018

ORDER REASSIGNING CASE. Case reassigned to Judge Lucy H. Koh and Magistrate Judge Howard R. Lloyd remains as the referral judge for all further proceedings. 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 Judge Executive Committee on 5/1/18. (Attachments: # 1 Notice of Eligibility for Video Recording)(cfeS, COURT STAFF) (Filed on 5/1/2018) (Entered: 05/01/2018)

1 Notice of Eligibility for Video Recording

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29 May 1, 2018

**CLERK'S NOTICE FOLLOWING CASE REASSIGNMENT TO THE HONORABLE LUCY H. KOH** Following the case reassignment to Hon. Lucy H. Koh, an Initial Case Management Conference is set for 7/25/2018 at 2:00 PM in Courtroom 8, 4th floor, in San Jose, California. A Joint Case Management Conference Statement is due 7-days before the scheduled conference date. See Civil L.R. 16-9 and Civil L.R. 16-10(a). The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. The parties shall familiarize themselves with the Scheduling Notes and Standing Orders for the Hon. Lucy H. Koh: http://cand.uscourts.gov/lhk. (This is a text only docket entry, there is no document associated with this notice.) (iym, COURT STAFF) (Filed on 5/1/2018) (Entered: 05/01/2018)

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30 May 3, 2018

NOTICE of Appearance by Carol Federighi for Defendants (Federighi, Carol) (Filed on 5/3/2018) (Entered: 05/03/2018)

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31 May 3, 2018

NOTICE of Appearance by Stephen Ehrlich (Ehrlich, Stephen) (Filed on 5/3/2018) (Entered: 05/03/2018)

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32 May 15, 2018

CERTIFICATE OF SERVICE by Black Alliance For Just Immigration, City Of San Jose Re Administrative Motion to Consider Whether Cases Should be Related in Case No. 3:18-cv-01865 (Guardado, Ana) (Filed on 5/15/2018) (Entered: 05/15/2018)

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33 May 22, 2018

ORDER RELATING CASE(S): C-18-1865 RS and C-18-2279 HRL.. Signed by Judge Richard Seeborg on 5/22/2018. (tlS, COURT STAFF) (Filed on 5/22/2018) (Entered: 05/22/2018)

Clearinghouse
34 May 22, 2018

ORDER REASSIGNING CASE. Case reassigned to Judge Richard Seeborg for all further proceedings. pursuant to Order Relating Cases. 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. Judge Lucy H. Koh no longer assigned to the case. (Attachments: # 1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 5/22/2018) (Entered: 05/22/2018)

1 Notice of Eligibility for Video Recording

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RECAP
35 May 23, 2018

CLERK'S NOTICE RE: REASSIGNED CASE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Richard Seeborg upon reassignment. For a copy of Judge Seeborg's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Parties or counsel may appear personally at 10:00 a.m. or file a request to appear by telephone at 11:00 a.m. If any party files such a request to appear by telephone, the Case Management Conference shall be moved to 11:00 a.m. to be held telephonically. All parties shall appear telephonically and must contact Court Conference at 866/582-6878 at least one week prior to the Conference.Joint Case Management Statement due by 6/21/2018. Initial Case Management Conference set for 6/28/2018 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.) (tlS, COURT STAFF) (Filed on 5/23/2018) (Entered: 05/23/2018)

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36 May 24, 2018

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE by Judge Richard Seeborg granting 24 Motion for Pro Hac Vice for attorney Dorian Lawrence Spence.(tlS, COURT STAFF) (Filed on 5/24/2018) (Entered: 05/24/2018)

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37 June 8, 2018

NOTICE of Appearance by Salvador E Perez on behalf of plaintiffs (Perez, Salvador) (Filed on 6/8/2018) (Entered: 06/08/2018)

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38 June 8, 2018

NOTICE by Ron Jarmin, Wilbur L. Ross, United States Census Bureau, United States Department of Commerce of Filing Administrative Record (Attachments: # 1 Certification of Administrative Record, # 2 Administrative Record Index, # 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 Administrative Record Index

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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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39 June 11, 2018

CLERK'S NOTICE CHANGING THE TIME ON INITIAL CASE MANAGEMENT CONFERENCE. Initial Case Management Conference previously set 10:00 am has been continued to 02:30 PM on 6/28/2018 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 6/11/2018) (Entered: 06/11/2018)

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40 June 11, 2018

ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 6/11/2018) (Entered: 06/11/2018)

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41 June 11, 2018

NOTICE of Appearance by Olufunmilayo O Showole (Showole, Olufunmilayo) (Filed on 6/11/2018) (Entered: 06/11/2018)

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42 June 11, 2018

STIPULATION WITH PROPOSED ORDER -- Joint Request for Relief from Automatic Referral to ADR Multi-Option Program filed by Black Alliance For Just Immigration, City Of San Jose. (Showole, Olufunmilayo) (Filed on 6/11/2018) (Entered: 06/11/2018)

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43 June 11, 2018

STIPULATION WITH PROPOSED ORDER -- Stipulation for Hearing and Briefing Deadlines Re: Discovery Outside the Administrative Record filed by Black Alliance For Just Immigration, City Of San Jose. (Showole, Olufunmilayo) (Filed on 6/11/2018) (Entered: 06/11/2018)

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44 June 11, 2018

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Federighi, Carol) (Filed on 6/11/2018) (Entered: 06/11/2018)

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45 June 12, 2018

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Showole, Olufunmilayo) (Filed on 6/12/2018) (Entered: 06/12/2018)

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46 June 12, 2018

ORDER by Judge Richard Seeborg granting 42 Stipulation. (cl, COURT STAFF) (Filed on 6/12/2018) (Entered: 06/12/2018)

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47 June 12, 2018

ORDER by Judge Richard Seeborg granting 43 Stipulation for hearing and briefing deadlines re: discovery outside the administrative record. (cl, COURT STAFF) (Filed on 6/12/2018) (Entered: 06/12/2018)

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48 June 14, 2018

MOTION to Expand Discovery Beyond the Administrative Record filed by Black Alliance For Just Immigration, City Of San Jose. Responses due by 6/21/2018. (Attachments: # 1 Declaration of John F. Libby in Support of Motion, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Libby, John) (Filed on 6/14/2018) (Entered: 06/14/2018)

1 Declaration of John F. Libby in Support of Motion

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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49 June 14, 2018

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

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50 June 18, 2018

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

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51 June 18, 2018

ORDER by Judge Richard Seeborg granting 50 briefing schedule and excess pages for defendants' motion to dismiss. (cl, COURT STAFF) (Filed on 6/18/2018) (Entered: 06/19/2018)

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52 June 21, 2018

NOTICE by Ron Jarmin, Wilbur L. Ross, United States Census Bureau, United States 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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53 June 21, 2018

RESPONSE to re 49 Brief -- Opposition to Defendants' Memorandum in Support of Review on the Administrative Record by Black Alliance For Just Immigration, City Of San Jose. (Libby, John) (Filed on 6/21/2018) (Entered: 06/21/2018)

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54 June 21, 2018

REPORT of Rule 26(f) Planning Meeting -- Joint Rule 26(f) Report and Initial Case Management Conference Statement. (Libby, John) (Filed on 6/21/2018) (Entered: 06/21/2018)

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55 June 21, 2018

MOTION to Dismiss filed by Ron Jarmin, Wilbur L. Ross, United States Census Bureau, United States Department of Commerce. Responses due by 7/17/2018. Replies due by 7/26/2018. (Attachments: # 1 Proposed Order)(Ehrlich, Stephen) (Filed on 6/21/2018) (Entered: 06/21/2018)

1 Proposed Order

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56 June 21, 2018

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

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57 June 26, 2018

NOTICE by Black Alliance For Just Immigration, City Of San Jose re 52 Notice (Other) (Attachments: # 1 Declaration of John Libby in Support of Notice, # 2 Exhibit A)(Libby, John) (Filed on 6/26/2018) (Entered: 06/26/2018)

1 Declaration of John Libby in Support of Notice

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2 Exhibit A

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58 June 27, 2018

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byBlack Alliance For Just Immigration, City Of San Jose. (Attachments: # 1 Order in Sierra Club v. Zinke No. 17-cv-07187-WHO)(Libby, John) (Filed on 6/27/2018) (Entered: 06/27/2018)

1 Order in Sierra Club v. Zinke No. 17-cv-07187-WHO

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59 June 28, 2018

TRANSCRIPT ORDER for proceedings held on 6/28/2018 before Judge Richard Seeborg by Black Alliance For Just Immigration, City Of San Jose, for Court Reporter Lydia Zinn. (Guardado, Ana) (Filed on 6/28/2018) (Entered: 06/28/2018)

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60 June 28, 2018

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)

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61 June 28, 2018

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)

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62 July 2, 2018

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

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63 July 2, 2018

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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64 July 3, 2018

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)

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65 July 5, 2018

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)

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66 July 10, 2018

NOTICE by Black Alliance For Just Immigration, City Of San Jose // Notice of Ruling (Attachments: # 1 Exhibit 1)(Showole, Olufunmilayo) (Filed on 7/10/2018) (Entered: 07/10/2018)

1 Exhibit 1

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67 July 16, 2018

NOTICE of Appearance by Ana G. Guardado (Guardado, Ana) (Filed on 7/16/2018) (Entered: 07/16/2018)

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68 July 17, 2018

OPPOSITION/RESPONSE (re 55 MOTION to Dismiss ) filed byBlack Alliance For Just Immigration, City Of San Jose. (Libby, John) (Filed on 7/17/2018) (Entered: 07/17/2018)

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69 July 19, 2018

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

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70 July 19, 2018

MOTION for Leave to File Amici Curie 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, 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 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, Gwen Moore, Constance Morella, 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 Appendix Proposed Amici Curiae Brief, # 2 Proposed Order)(Wydra, Elizabeth) (Filed on 7/19/2018) (Entered: 07/19/2018)

1 Appendix Proposed Amici Curiae Brief

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2 Proposed Order

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71 July 19, 2018

ORDER by Judge Richard Seeborg granting 70 Motion for Leave to File. (cl, COURT STAFF) (Filed on 7/19/2018) (Entered: 07/19/2018)

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72 July 24, 2018

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

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73 July 24, 2018

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

1 Amicus Brief

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2 Proposed Order

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74 July 25, 2018

Consent MOTION for Extension of Time to File Response/Reply as to 55 MOTION to Dismiss, 56 Brief filed by Ron Jarmin, Wilbur L. Ross, United States Census Bureau, United States 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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75 July 25, 2018

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)

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76 July 27, 2018

ORDER by Judge Richard Seeborg granting 73 Motion for Leave to File. (cl, COURT STAFF) (Filed on 7/27/2018) (Entered: 07/27/2018)

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77 July 31, 2018

REPLY (re 55 MOTION to Dismiss ) filed byRon Jarmin, Wilbur L. Ross, United States Census Bureau, United States Department of Commerce. (Bailey, Kate) (Filed on 7/31/2018) (Entered: 07/31/2018)

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78 Aug. 6, 2018

ADMINISTRATIVE MOTION for Leave to File Supplemental Brief (Civ. L.R. 7-11) re 48 MOTION to Expand Discovery Beyond the Administrative Record filed by Black Alliance For Just Immigration, City Of San Jose. Responses due by 8/9/2018. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Libby, John) (Filed on 8/6/2018) (Entered: 08/06/2018)

1 Exhibit A

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2 Proposed Order

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79 Aug. 8, 2018

STATUS REPORT -- Joint Report on Coordination of Discovery by Black Alliance For Just Immigration, City Of San Jose. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Libby, John) (Filed on 8/8/2018) (Entered: 08/08/2018)

1 Exhibit A

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2 Exhibit B

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80 Aug. 10, 2018

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)

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81 Aug. 10, 2018

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12586100.) filed by Black Alliance For Just Immigration, City Of San Jose. (Attachments: # 1 Certificate of Good Standing)(Case, Andrew) (Filed on 8/10/2018) (Entered: 08/10/2018)

1 Certificate of Good Standing

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82 Aug. 10, 2018

TRANSCRIPT ORDER for proceedings held on August 10, 2018 before Judge Richard Seeborg by Black Alliance For Just Immigration, City Of San Jose, for Court Reporter Jo Ann Bryce. (Guardado, Ana) (Filed on 8/10/2018) (Entered: 08/10/2018)

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83 Aug. 10, 2018

ORDER by Judge Richard Seeborg granting 81 Motion for Pro Hac Vice as to Andrew Case. (cl, COURT STAFF) (Filed on 8/10/2018) (Entered: 08/10/2018)

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84 Aug. 11, 2018

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)

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85 Aug. 13, 2018

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)

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86 Aug. 17, 2018

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)

Clearinghouse
87 Aug. 17, 2018

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)

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88 Aug. 29, 2018

STIPULATION WITH PROPOSED ORDER -- Stipulation to Case Schedule filed by Black Alliance For Just Immigration, City Of San Jose. (Libby, John) (Filed on 8/29/2018) (Entered: 08/29/2018)

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89 Aug. 30, 2018

STIPULATION AND ORDER RE 88 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)

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90 Aug. 31, 2018

ANSWER to Complaint byRon Jarmin, Wilbur L. Ross, United States Census Bureau, United States Department of Commerce. (Federighi, Carol) (Filed on 8/31/2018) (Entered: 08/31/2018)

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91 Sept. 4, 2018

Joint ADMINISTRATIVE MOTION For Entry of FRE 502(d) Order filed by Ron Jarmin, Wilbur L. Ross, United States Census Bureau, United States Department of Commerce. Responses due by 9/10/2018. (Attachments: # 1 Proposed Order Proposed FRE 502(d) Order)(Federighi, Carol) (Filed on 9/4/2018) (Entered: 09/04/2018)

1 Proposed Order Proposed FRE 502(d) Order

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92 Sept. 6, 2018

ORDER by Judge Richard Seeborg granting 91 Administrative Motion. (cl, COURT STAFF) (Filed on 9/6/2018) (Entered: 09/06/2018)

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93 Oct. 9, 2018

STIPULATION WITH PROPOSED ORDER -- Joint Stipulation and [Proposed] Order Extending Deadline To Complete Discovery filed by Black Alliance For Just Immigration, City Of San Jose. (Case, Andrew) (Filed on 10/9/2018) (Entered: 10/09/2018)

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94 Oct. 9, 2018

ORDER by Judge Richard Seeborg granting 93 Stipulation extending deadline to complete discovery. (cl, COURT STAFF) (Filed on 10/9/2018) (Entered: 10/09/2018)

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95 Oct. 10, 2018

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

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96 Oct. 11, 2018

NOTICE by Black Alliance For Just Immigration, City Of San Jose re 95 Notice (Other) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Case, Andrew) (Filed on 10/11/2018) (Entered: 10/11/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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97 Nov. 1, 2018

STIPULATION WITH PROPOSED ORDER to Enlarge Page Limitations filed by Black Alliance For Just Immigration, City Of San Jose. (Case, Andrew) (Filed on 11/1/2018) (Entered: 11/01/2018)

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Case Details

State / Territory:

California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Trump Administration 1.0: Challenges to the Government

Key Dates

Filing Date: April 17, 2018

Closing Date: Dec. 31, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

City of San Jose and the Black Alliance for Just Immigration (BAJI), a California nonprofit corporation that educates and engages African Americans and Black immigrants to organize and advocate for equality and justice in laws and in their communities

Plaintiff Type(s):

City/County Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Counsel

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Acting Director

Secretary

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Other Dockets:

Northern District of California 3:18-cv-02279

U.S. Court of Appeals for the Ninth Circuit 19-15457

Supreme Court of the United States 18-1214

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

National / Universal injunction

Order Duration: 2019 - 2020

Issues

General/Misc.:

Funding

Public assistance grants

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

Record-keeping

Discrimination Basis:

Immigration status

Immigration/Border:

Status/Classification

U.S. citizenship - losing

Recommended Citation