Case: City of Evanston v. Sessions

1:18-cv-04853 | U.S. District Court for the Northern District of Illinois

Filed Date: July 16, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 16, 2018, the City of Evanston, Illinois, along with the U.S. Conference of Mayors, filed this lawsuit against the United States Department of Justice. The plaintiffs sought to enjoin the DOJ from imposing three new conditions on the Edward Byrne Memorial Justice Assistance Grant Program (Byrne JAG program), a federal grant program that provides crucial support for law enforcement in hundreds of cities nationwide. These three conditions would require that cities (1) give the Department…

On July 16, 2018, the City of Evanston, Illinois, along with the U.S. Conference of Mayors, filed this lawsuit against the United States Department of Justice. The plaintiffs sought to enjoin the DOJ from imposing three new conditions on the Edward Byrne Memorial Justice Assistance Grant Program (Byrne JAG program), a federal grant program that provides crucial support for law enforcement in hundreds of cities nationwide. These three conditions would require that cities (1) give the Department of Homeland Security and U.S. Immigration and Customs Enforcement 48 hours’ notice (or at least as much notice as practicable) prior to releasing any alien from custody (the “notice condition”); (2) give DHS officials unlimited access to local law enforcement facilities to interrogate any suspected noncitizen held there (the “access condition”); and (3) certify compliance with 8 U.S.C. §§ 1373 and 1644, which bar local governments from withholding immigration status information from the federal government (the “compliance condition”).

The plaintiffs sued the DOJ under the Administrative Procedure Act and the Declaratory Judgment Act, arguing that the DOJ lacked statutory authority to condition Byrne JAG funds on the notice, access, and compliance conditions, and that the conditions were arbitrary and capricious. Additionally, they argued that the three conditions amounted to improper usurpation of Congress’s spending power by the executive branch, thus violating separation of powers. Even if there were no separation-of-powers violation, the plaintiffs argued that Congress could not have authorized the three conditions because they did not satisfy Spending Clause requirements. The conditions also violated the Tenth Amendment’s anti-commandeering principle. The plaintiffs sought a declaration that the DOJ’s requirements were unlawful, and sought an injunction preventing the DOJ from imposing the conditions. The case was originally assigned to Judge Charles R. Norgle, but was shortly thereafter reassigned to Judge Harry D. Leinenweber.

On July 20, 2018 the plaintiffs filed a motion for a temporary restraining order and a preliminary injunction. On August 9, 2018, the court held that the plaintiffs had standing and issued a preliminary injunction enjoining the DOJ from attaching the three challenged conditions to grants awarded to the City of Evanston or to any member of the Conference of Mayors. However, given a pending Seventh Circuit ruling on a nationwide injunction in a parallel case (City of Chicago v. Sessions), the court stayed its injunction as applied to the Conference. The plaintiffs appealed the stay, which was lifted by the Seventh Circuit on August 29, 2018.

On October 5, 2018, the DOJ appealed the grant of the preliminary injunction to the Seventh Circuit. However, the parties filed a joint motion to hold appellate proceedings in abeyance, which was granted on October 15.

On December 10, 2018, the plaintiffs filed an amended complaint challenging two additional conditions on Byrne JAG program funding: (1) the “questionnaire condition,” which required a city to answer questions about whether it had any policies about how employees may communicate with DHS or ICE and (2) the “harboring condition,” requiring cities to agree not to violate 8 U.S.C. § 1324(a) (a prohibition on hiding or harboring undocumented immigrants).

On February 11, 2019, the plaintiffs filed a motion for partial summary judgment. The court held a hearing on the plaintiffs’ motion on April 9, 2019. The DOJ then filed a motion to dismiss for failure to state a claim and for lack of jurisdiction, and in the alternative, for summary judgment.

The court denied the DOJ’s motion to dismiss on September 26, 2019. On the same day, the court granted the plaintiffs’ motion for summary judgment with respect to the notice, access, compliance, and harboring conditions, as well as an additional certification requirement. It granted a declaration that 8 U.S.C. §§1373 and 1644 violated the anti-commandeering doctrine, declaring that “the Attorney General cannot require compliance with these statutes as a condition” of funding. The court also issued a permanent injunction prohibiting the Attorney General from imposing any of the challenged conditions in future grant years. 412 F.Supp.3d 873. The DOJ appealed.

While the appeal was pending, the court granted a plaintiff motion for attorneys’ fees and expenses on April 23, 2020. It awarded $97,546.43 in attorneys’ fees and $283.75 in costs and expenses. On July 2, 2020, the court granted the plaintiffs an additional $21,953.38 in supplemental fees.

As of July 2020, the appeal is currently pending.

Summary Authors

Eva Richardson (5/27/2019)

Bogyung Lim (7/13/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7446796/parties/city-of-evanston-v-william-p-barr/


Judge(s)

Leinenweber, Harry Daniel (Illinois)

Attorneys(s) for Plaintiff

Bauer, Amie Marie (Illinois)

Cooper, Kyle Alexander (Illinois)

Fitzgerald, John Matthew (Illinois)

Gaal, Melody L (Illinois)

Haussmann, Brian C. (Illinois)

Masoncup, Michelle Lee (Illinois)

O'Brien, Katherine M. (Illinois)

Attorneys(s) for Defendant

Mauler, Daniel (District of Columbia)

Roberts, Charles E.T. (District of Columbia)

Judge(s)

Leinenweber, Harry Daniel (Illinois)

Attorneys(s) for Plaintiff

Bauer, Amie Marie (Illinois)

Cooper, Kyle Alexander (Illinois)

Fitzgerald, John Matthew (Illinois)

Gaal, Melody L (Illinois)

Haussmann, Brian C. (Illinois)

Masoncup, Michelle Lee (Illinois)

O'Brien, Katherine M. (Illinois)

Attorneys(s) for Defendant

Mauler, Daniel (District of Columbia)

Roberts, Charles E.T. (District of Columbia)

Rosenberg, Brad P. (District of Columbia)

Other Attorney(s)

Enoch, Craig T. (Texas)

Hacker, David J. (Texas)

Documents in the Clearinghouse

Document

1:18-cv-04853

Docket

City of Evanston v. Barr

July 6, 2020

July 6, 2020

Docket
1

1:18-cv-04853

Complaint for Injunctive and Declaratory Relief

July 16, 2018

July 16, 2018

Complaint
23

1:18-cv-04853

Order

Aug. 9, 2018

Aug. 9, 2018

Order/Opinion
46

1:18-cv-04853

Amended Complaint for Injunctive and Declaratory Relief

Dec. 10, 2018

Dec. 10, 2018

Complaint
93

1:18-cv-04853

Memorandum Opinion and Order

City of Evanston v. Barr

412 F.Supp.3d 873

Sept. 26, 2019

Sept. 26, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7446796/city-of-evanston-v-william-p-barr/

Last updated Aug. 4, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
6

ATTORNEY Appearance for Plaintiff The United States Conference of Mayors by John Matthew Fitzgerald (Fitzgerald, John) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
5

NOTICE by All Plaintiffs of Claims of Unconstitutionality (O'Brien, Katherine) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
4

ATTORNEY Appearance for Plaintiff The United States Conference of Mayors by Katherine M. O'Brien (O'Brien, Katherine) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
3

ATTORNEY Appearance for Plaintiff The United States Conference of Mayors by Brian C Haussmann (Haussmann, Brian) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
2

CIVIL Cover Sheet (Haussmann, Brian) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
1

COMPLAINT filed by City of Evanston, The United States Conference of Mayors; Filing fee $ 400, receipt number 0752-14704723. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G)(Haussmann, Brian) (Entered: 07/16/2018)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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5 Exhibit Exhibit E

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6 Exhibit Exhibit F

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7 Exhibit Exhibit G

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July 16, 2018

July 16, 2018

RECAP
8

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The United States Conference of Mayors (O'Brien, Katherine) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER
7

ATTORNEY Appearance for Plaintiff City of Evanston by Michelle Lee Masoncup (Masoncup, Michelle) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER

CASE ASSIGNED to the Honorable Charles R. Norgle, Sr. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. (kb, )

July 17, 2018

July 17, 2018

PACER

SUMMONS Issued as to Defendant Jefferson Beauregard Sessions III (yt)

July 18, 2018

July 18, 2018

PACER
9

SUMMONS Returned Executed by The United States Conference of Mayors as to Jefferson Beauregard Sessions III on 7/18/2018, answer due 8/8/2018. (Haussmann, Brian) Modified on 7/20/2018 (kp, ). (Docket Text Modified by Clerk's Office) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
10

MOTION by Plaintiffs City of Evanston, The United States Conference of Mayors for temporary restraining order, MOTION by Plaintiffs City of Evanston, The United States Conference of Mayors for preliminary injunction (Attachments: # 1 Declaration Declaration of Tom Cochran, # 2 Exhibit Exhibits 1-9 to Cochran Declaration, # 3 Declaration Declaration of Louis Gergits, # 4 Exhibit Exhibits 1-3 to Gergits Declaration)(Haussmann, Brian) (Entered: 07/20/2018)

1 Declaration Declaration of Tom Cochran

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2 Exhibit Exhibits 1-9 to Cochran Declaration

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3 Declaration Declaration of Louis Gergits

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4 Exhibit Exhibits 1-3 to Gergits Declaration

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July 20, 2018

July 20, 2018

RECAP
12

ATTORNEY Appearance for Defendant Jefferson Beauregard Sessions III by Brad P. Rosenberg (Rosenberg, Brad) (Entered: 07/23/2018)

July 23, 2018

July 23, 2018

PACER
11

ATTORNEY Appearance for Plaintiff The United States Conference of Mayors by Kyle Alexander Cooper (Cooper, Kyle) (Entered: 07/23/2018)

July 23, 2018

July 23, 2018

PACER
14

MINUTE entry before the Honorable Harry D. Leinenweber: Motion hearing held on 7/24/2018. The Government shall file its response to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction on or before 8/3/2018. Plaintiffs shall file their reply on or before 8/6/2018. Oral argument on the motion set for 8/8/2018 at 9:00 a.m. Oral ruling set on 8/9/2018 at 9:00 a.m. Mailed notice (maf) (Entered: 07/26/2018)

July 24, 2018

July 24, 2018

PACER
13

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Harry D. Leinenweber for all further proceedings. Honorable Charles R. Norgle, Sr no longer assigned to the case. Signed by Executive Committee on 7/25/18. (kp, ) (Entered: 07/26/2018)

July 25, 2018

July 25, 2018

PACER
15

MEMORANDUM by Jefferson Beauregard Sessions III in Opposition to motion for temporary restraining order,, motion for preliminary injunction, 10 (Attachments: # 1 Exhibit A: Declaration of Tracey Trautman & Exhibits 1 & 2 Attached Thereto, # 2 Exhibit B: San Francisco v. Sessions Decision)(Rosenberg, Brad) (Entered: 08/03/2018)

1 Exhibit A: Declaration of Tracey Trautman & Exhibits 1 & 2 Attached Thereto

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2 Exhibit B: San Francisco v. Sessions Decision

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Aug. 3, 2018

Aug. 3, 2018

RECAP
19

REPLY by City of Evanston, The United States Conference of Mayors to memorandum in opposition to motion, 15, MOTION by Plaintiffs City of Evanston, The United States Conference of Mayors for temporary restraining order MOTION by Plaintiffs City of Evanston, The United States Conference of Mayors for preliminary injunction 10 (Haussmann, Brian) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
18

Amici Brief by Mayors of the Cities of Allen, Celina, College Station, Farmers Branch, Mason, and Midland, Texas; Pensacola, Florida, and the Former Mayor of Little Elm, Texas (Enoch, Craig) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
17

MOTION by Amicus Mayors of the Cities of Allen, Celina, College Station, Farmers Branch, Mason, and Midland, Texas; Pensacola, Florida, and the Former Mayor of Little Elm, Texas for leave to file Amici Brief (Attachments: # 1 Exhibit to Motion for Leave to File Amici Brief)(Enoch, Craig) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
16

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14785089. (Enoch, Craig) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
21

MOTION by Amicus State of Texas for leave to file a Brief as Amicus Curiae (Attachments: # 1 Exhibit A (Proposed Brief of Amicus Curiae))(Hacker, David) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
20

ATTORNEY Appearance for Amicus State of Texas by David Jonathan Hacker (Hacker, David) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
22

MINUTE entry before the Honorable Harry D. Leinenweber: Oral argument held on 8/8/2018. Oral ruling set for 8/9/2018 is vacated. Ruling by mail by 8/9/2018. Mailed notice (maf) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
25

DOCKETING Statement by The United States Conference of Mayors regarding notice of appeal 24 (Haussmann, Brian) (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

RECAP
24

NOTICE of appeal by The United States Conference of Mayors regarding orders 23 Filing fee $ 505, receipt number 0752-14807075. Receipt number: n (Haussmann, Brian) (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

RECAP
23

ORDER: See attached order re: plaintiffs' motion for a temporary restraining order and preliminary injunction 10 . Signed by the Honorable Harry D. Leinenweber on 8/9/2018:Mailed notice(maf) (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

RECAP
28

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 24 ; USCA Case No. 18-2734 (ek, ) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
27

TRANSMITTED to the 7th Circuit the short record on notice of appeal 24 . Notified counsel (ek, ) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
26

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 24 (ek, ) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
29

ORDER: Pro hac vice motion is granted 16 . Motions for leave to file amicus briefs are denied [ 17, 21 ]. Signed by the Honorable Harry D. Leinenweber on 8/13/2018. Mailed notice. (kp, ) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
30

SEVENTH CIRCUIT transcript information sheet by The United States Conference of Mayors (Cooper, Kyle) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
31

SEVENTH CIRCUIT transcript information sheet by The United States Conference of Mayors (Cooper, Kyle) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

PACER
32

TRANSCRIPT OF PROCEEDINGS held on 08/08/2018 before the Honorable Harry D. Leinenweber. Order Number: 31957. Court Reporter Contact Information: Judith A. Walsh, CSR, RDR, F/CRR. Official Court Reporter. judith_walsh@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 9/18/2018. Redacted Transcript Deadline set for 9/28/2018. Release of Transcript Restriction set for 11/26/2018. (Walsh, Judy) (Entered: 08/28/2018)

Aug. 28, 2018

Aug. 28, 2018

RECAP
33

CERTIFIED copy of order dated 8/29/2018 from the 7th Circuit regarding notice of appeal 24 ; Appellate case no. : 18-2734; IT IS ORDERED that the emergency motion to lift the stay of preliminary injunction is GRANTED. The district court's stay is LIFTED, and the preliminary injunction shall be in effect as originally ordered by the district court. The State of Texas has submitted a brief as amicus curiae in support of the appellee, which we CONSTRUE as containing an implied request for leave to file the brief. IT IS FURTHER ORDERED that leave to file the brief in support of the motions matter is DENIED. (jh, ) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

RECAP
34

ANSWER to Complaint by Jefferson Beauregard Sessions III(Rosenberg, Brad) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

RECAP
36

CERTIFIED copy of order dated 9/25/2018 from the 7th Circuit regarding notice of appeal 24 ; Appellate case no. : 18-2734; Because the issues in this appeal have been resolved, the appellant moves to voluntarily dismiss its appeal. This appeal is DISMISSED pursuant to Federal Rule of Appellate Procedure 42(b). This court's order dated August 29, 2018, remains in effect, and each party shall bear its own costs. (jh, ) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

PACER
35

MANDATE of USCA dated 9/25/2018 regarding notice of appeal 24 ; USCA No.18-2734; No record to be returned. (jh, ) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

PACER
37

NOTICE of appeal by Jefferson Beauregard Sessions III regarding orders 23 Receipt number: y (Rosenberg, Brad) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

RECAP
41

TRANSMITTED to the 7th Circuit the short record on notice of appeal 37 . Notified counsel (gcy, ) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
40

NOTICE of Correction 38 . (gcy, ) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
39

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 37 (gcy, ) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
38

ENTERED IN ERROR (gcy, ) Modified on 10/11/2018 (gcy, ). (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
42

ORDER dated 10/15/2018 from the 7th Circuit regarding notice of appeal 37 ; Appellate case no. : 18-3178; IT IS ORDERED that the joint motion to hold appeal in abeyance is GRANTED. The parties shall file status reports regarding the proceedings in the district court by January 14, 2019. (ew, ) (Entered: 10/16/2018)

Oct. 15, 2018

Oct. 15, 2018

RECAP
44

NOTICE of Motion by Brian C Haussmann for presentment of motion for leave to file 43 before Honorable Harry D. Leinenweber on 12/11/2018 at 09:30 AM. (Haussmann, Brian) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
43

MOTION by Plaintiff The United States Conference of Mayors for leave to file Amended Complaint (Attachments: # 1 Exhibit Exhibit 1)(Haussmann, Brian) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
46

AMENDED complaint by City of Evanston, The United States Conference of Mayors against Jefferson Beauregard Sessions III (Attachments: # 1 Exhibit)(Haussmann, Brian) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER
45

MINUTE entry before the Honorable Harry D. Leinenweber: Unopposed motion for leave to file an amended complaint 43 is granted. Mailed notice(maf) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER
47

MINUTE entry before the Honorable Harry D. Leinenweber: The Court will stay the deadline for the defendant to answer or otherwise plead to the amended complaint until further order of the Court. Mailed notice(maf) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
48

GENERAL ORDER 18-0028 dated 12/26/18: IT IS HEREBY ORDERED, effective December 26, 2018, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 12/26/2018: Mailed notice. (sm, ) (Entered: 12/30/2018)

Dec. 26, 2018

Dec. 26, 2018

PACER
49

AMENDED GENERAL ORDER 18-0028 dated 01/08/2019: On December 26, 2018, General Order 18-0028 was entered. It appearing that the lapse of congressional appropriations funding the federal government continues, therefore General Order 18-0028 is now amended. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/8/2019: Mailed notice. (sm, ) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
50

GENERAL ORDER 19-0004: RESETTING OF DEADLINES IN CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY. IT APPEARING THAT as a result of the partial federal government shutdown, this Court amended General Order 18-0028 suspending as of December 21, 2018, all civil litigation in which the United States of America, its agencies, its officers, or employees were parties, with the stated intention of clarifying schedules in such cases upon the expiration of the lapse in appropriations; and IT FURTHER APPEARING THAT appropriations having been restored to fund the Department of Justice and other Executive Branch agencies, with employees beginning to report for work beginning on January 28, 2019; accordingly IT IS THEREFORE ORDERED that the stay entered by General Order 18-0028 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement.), including but not limited to any scheduled discovery and pleading dates, are extended by 42 days. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/28/2019: Mailed notice. (mgw, ) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

RECAP
51

ATTORNEY Appearance for Plaintiff The United States Conference of Mayors by Melody L Gaal (Gaal, Melody) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER
62

Plaintiffs' Request for Judicial Notice In Support of Motion for Partial Summary Judgment by City of Evanston, The United States Conference of Mayors (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Haussmann, Brian) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
61

DECLARATION of Jeannie K. Springer regarding motion for partial summary judgment 52 (Attachments: # 1 Exhibit 1)(Haussmann, Brian) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
60

DECLARATION of Sarita Nair regarding motion for partial summary judgment 52 (Attachments: # 1 Exhibit 1 - Exhibit 4, # 2 Exhibit 5 - Exhibit 7)(Haussmann, Brian) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
59

DECLARATION of Louis Gergits regarding motion for partial summary judgment 52 (Attachments: # 1 Exhibit 1 - Exhibit 4)(Haussmann, Brian) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
58

DECLARATION of Tom Cochran regarding motion for partial summary judgment 52 (Attachments: # 1 Exhibit 1 - Exhibit 9)(Haussmann, Brian) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
57

RULE 56 (c)(1) Statement by City of Evanston, The United States Conference of Mayors regarding motion for partial summary judgment 52 (Haussmann, Brian) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
56

MEMORANDUM by City of Evanston, The United States Conference of Mayors in support of motion for partial summary judgment 52 (Haussmann, Brian) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
55

NOTICE of Motion by Brian C Haussmann for presentment of motion for leave to file excess pages 54 before Honorable Harry D. Leinenweber on 2/14/2019 at 09:30 AM. (Haussmann, Brian) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
54

MOTION by Plaintiffs City of Evanston, The United States Conference of Mayors for leave to file excess pages in support of motion for partial summary judgment instanter (Unopposed) (Haussmann, Brian) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
53

NOTICE of Motion by Brian C Haussmann for presentment of motion for partial summary judgment 52 before Honorable Harry D. Leinenweber on 2/14/2019 at 09:30 AM. (Haussmann, Brian) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
52

MOTION by Plaintiffs The United States Conference of Mayors, City of Evanston for partial summary judgment (Haussmann, Brian) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
63

MINUTE entry before the Honorable Harry D. Leinenweber: In court hearing and ruling on motion hearing held. Motion for leave to file excess pages 54 is granted. MOTION for partial summary judgment 52 is entered and continued to 3/6/19 at 9:00 a.m. Mailed notice(maf) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
64

MINUTE entry before the Honorable Harry D. Leinenweber: MOTION for partial summary judgment #52 set for 3/6/19 is re-set to 3/21/19 at 9:00 a.m. Mailed notice(maf) (Entered: 02/26/2019)

Feb. 26, 2019

Feb. 26, 2019

PACER
65

ATTORNEY Appearance for Defendants Jefferson Beauregard Sessions III, Matthew G Whitaker by Daniel Duane Mauler (Mauler, Daniel) (Entered: 03/14/2019)

March 14, 2019

March 14, 2019

PACER
66

TRANSCRIPT OF PROCEEDINGS held on 02/14/2019 before the Honorable Harry D. Leinenweber. Order Number: 34045. Court Reporter Contact Information: Judith A. Walsh, CSR, RDR, F/CRR. Official Court Reporter. judith_walsh@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 4/8/2019. Redacted Transcript Deadline set for 4/17/2019. Release of Transcript Restriction set for 6/17/2019. (Walsh, Judy) (Entered: 03/17/2019)

March 17, 2019

March 17, 2019

PACER
67

MINUTE entry before the Honorable Harry D. Leinenweber: By agreement, status hearing and motion for partial summary judgment #52 set for 3/21/19 is re-set to 4/9/19 at 9:00 a.m. Mailed notice(maf) (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

PACER
69

NOTICE of Motion by Brian C Haussmann for presentment of motion for leave to file 68 before Honorable Harry D. Leinenweber on 4/9/2019 at 09:00 AM. (Haussmann, Brian) (Entered: 03/29/2019)

March 29, 2019

March 29, 2019

PACER
68

MOTION by Plaintiffs City of Evanston, The United States Conference of Mayors for leave to file Supplemental Authority (Attachments: # 1 Exhibit)(Haussmann, Brian) (Entered: 03/29/2019)

March 29, 2019

March 29, 2019

PACER
71

Plaintiffs Supplemental Authority In Support of Their Motion For Partial Summary Judgment by City of Evanston, The United States Conference of Mayors (Haussmann, Brian) (Entered: 04/02/2019)

April 2, 2019

April 2, 2019

PACER
70

MINUTE entry before the Honorable Harry D. Leinenweber: Plaintiffs' motion 68 is granted. Plaintiffs may file the supplemental authority discussed in motion 68 . Status hearing on 4/9/19 at 9:00 a.m. shall stand. Mailed notice(maf) (Entered: 04/02/2019)

April 2, 2019

April 2, 2019

PACER
73

NOTICE of Motion by Melody L Gaal for presentment of motion to withdraw as attorney 72 before Honorable Harry D. Leinenweber on 4/9/2019 at 09:00 AM. (Gaal, Melody) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

PACER
72

MOTION by Attorney Melody L. Gaal to withdraw as attorney for City of Evanston, The United States Conference of Mayors. No party information provided (Gaal, Melody) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

PACER
74

STATUS Report Joint by The United States Conference of Mayors (Attachments: # 1 Exhibit)(Haussmann, Brian) (Entered: 04/05/2019)

April 5, 2019

April 5, 2019

PACER
75

MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing and ruling on motion hearing held. Motion to withdraw as attorney 72 is granted. Defendant shall respond to Plaintiff's motion for summary judgment 52 and file any cross-motion on or before 5/9/19. Plaintiffs shall file a combined reply in support of their motion for partial summary judgment and response to any cross-motion by 6/6/19. Defendant shall file any reply by 6/20/19. The parties may file oversized briefs in the page limits described in the joint status report 74 . Status hearing/ruling date set for 8/1/19 at 9:00 a.m. Mailed notice(maf) (Entered: 04/10/2019)

April 9, 2019

April 9, 2019

PACER
80

RULE 56 Response to Plaintiff's LR 56.1 Statement Statement by Jefferson Beauregard Sessions III, Matthew G Whitaker regarding motion for partial summary judgment 52 (Mauler, Daniel) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

PACER
79

RULE 56 Statement by Jefferson Beauregard Sessions III, Matthew G Whitaker regarding motion to dismiss 77 or in the alternative, motion for summary judgment (Mauler, Daniel) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

PACER
78

MEMORANDUM by Jefferson Beauregard Sessions III, Matthew G Whitaker in support of motion to dismiss 77 or in the alternative, motion for summary judgment, and Opposition to Plaintiffs' Motion for Partial Summary Judgment (ECF No. 52) (Attachments: # 1 Defendant's Request for Judicial Notice)(Mauler, Daniel) (Entered: 05/09/2019)

1 Defendant's Request for Judicial Notice

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May 9, 2019

May 9, 2019

RECAP
77

MOTION by Defendants Jefferson Beauregard Sessions III, Matthew G Whitaker to dismiss for failure to state a claim and for lack of jurisdiction, or in the alternative, motion for summary judgment (Mauler, Daniel) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

RECAP
76

CERTIFIED COPY OF ADMINISTRATIVE RECORD by Defendants Jefferson Beauregard Sessions III, Matthew G Whitaker (Attachments: # 1 Administrative Record, Part 1, # 2 Administrative Record, Part 2, # 3 Administrative Record, Part 3, # 4 Administrative Record, Part 4, # 5 Administrative Record, Part 5, # 6 Administrative Record, Part 6)(Mauler, Daniel) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

PACER
82

MINUTE entry before the Honorable Harry D. Leinenweber: Docket entry #81 is amended as follows: response by 6/14/19, reply by 6/28/19. Status hearing/ruling set for 8/22/19 at 9:00 a.m. Mailed notice(maf) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
81

MINUTE entry before the Honorable Harry D. Leinenweber: Agreed oral motion by the parties to extend the briefing schedule is granted as follows: June 6, 2019: Plaintiffs shall file a combined reply in support of their motion for partial summary judgment and response to Defendant's cross-motion;June 20, 2019: Defendant shall file any reply; Status hearing/ruling date set for August 1, 2019, is re-set to August 22, 2019 at 9:00 a.m. Mailed notice(maf ) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
83

MINUTE entry before the Honorable Harry D. Leinenweber: Parties have agreed orally to amend the current briefing schedule regarding the pending matters as follows: On 6/21/19, Plaintiffs shall file a combined reply in support of their motion for partial summary judgment and response to Defendant's cross-motion. On 7/12/19, Defendant shall file any reply. Status hearing/ruling set for 8/22/19 at 9:00 a.m. to stand. Mailed notice(maf) (Entered: 06/13/2019)

June 13, 2019

June 13, 2019

PACER
85

RESPONSE by Plaintiffs City of Evanston, The United States Conference of Mayors to Rule 56 statement 79 (Haussmann, Brian) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

PACER
84

REPLY by Plaintiffs City of Evanston, The United States Conference of Mayors to motion for partial summary judgment 52 (Haussmann, Brian) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

RECAP
86

ATTORNEY Appearance for Plaintiff The United States Conference of Mayors by Amie Marie Bauer (Bauer, Amie) (Entered: 06/26/2019)

June 26, 2019

June 26, 2019

PACER
87

REPLY by Defendants Jefferson Beauregard Sessions III, Matthew G Whitaker to reply 84 (Reply in Support of Defendant's Motion to Dismiss, or in the Alternative, Motion for Summary Judgment (ECF No. 77)) (Mauler, Daniel) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

RECAP
88

MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing/ruling set for 8/22/19 is vacated and no appearance is needed. The Court will rule by mail. Mailed notice(maf) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER
90

NOTICE of Motion by Brian C Haussmann for presentment of motion for miscellaneous relief, 89 before Honorable Harry D. Leinenweber on 8/21/2019 at 09:30 AM. (Haussmann, Brian) (Entered: 08/14/2019)

Aug. 14, 2019

Aug. 14, 2019

PACER
89

MOTION by Plaintiff City of Evanston, The United States Conference of Mayors Leave to File Supplemental Authority (Attachments: # 1 Exhibit, # 2 Exhibit)(Haussmann, Brian) Docket Text Modified by Clerk's Office on 8/14/2019 (ph, ). (Entered: 08/14/2019)

1 Exhibit

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2 Exhibit

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Aug. 14, 2019

Aug. 14, 2019

RECAP
92

Plaintiffs Supplemental Authority In Support of Their Motion For Partial Summary Judgment by City of Evanston, The United States Conference of Mayors (Haussmann, Brian) (Entered: 08/19/2019)

Aug. 19, 2019

Aug. 19, 2019

PACER
91

MINUTE entry before the Honorable Harry D. Leinenweber: Plaintiffs' motion 89 is granted. Plaintiffs may file the supplemental authority discussed in motion 89 in support of their motion for summary judgment. Presentment on 8/21/19 is stricken as moot. Mailed notice(maf) (Entered: 08/19/2019)

Aug. 19, 2019

Aug. 19, 2019

RECAP
95

MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing set for 10/1/2019 at 09:00 AM.Mailed notice(maf) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
94

Enter Final Judgement and Order. For the reasons stated herein, The Court has granted summary judgment in Plaintiffs' favor on Counts I, II, and IV of the Amended Complaint (Dkt. No. 46), and dismissed Counts III and V. There being no Counts remaining to be decided on the merits, the Court now enters final judgment in this case. Plaintiffs may still seek reasonable attorneys' fees and costs in this matter. See 28 U.S.C. ยง 2412. The AttorneyGeneral is entitled to object to or oppose any attempt by Plaintiffs to recover the same. Signed by the Honorable Harry D. Leinenweber on 9/26/2019:Mailed notice (maf) (Main Document 94 replaced on 9/27/2019) (maf, ). (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

RECAP
93

MEMORANDUM Opinion and Order. For the reasons stated herein, Defendant's Motion to Dismiss 77 is denied. Plaintiffs' Motion for Summary Judgment 52 is granted in part and denied in part. The Court grants summary judgment for Plaintiffs on Counts I and II with respect to all challenged conditions, and on Count IV insofar as Plaintiffs are entitled to a declaration that Sections 1373 and 1644 violate the anticommandeering doctrine and the Attorney General cannot require compliance with these statutes as a condition of Byrne JAG funds. The Court dismisses Counts III and V as moot. Signed by the Honorable Harry D. Leinenweber on 9/26/2019: Mailed notice (maf) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

RECAP
96

MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing held. Plaintiffs shall file their fee petition and bill of costs on or before 10/29/19. Defendant shall respond on or before 11/12/19. Reply, if any, due 11/19/19. The Court will rule by mail. Mailed notice(maf) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
98

CERTIFIED copy of order dated 10/23/2019 from the 7th Circuit regarding notice of appeal 37 ; Appellate case no.: 18-3178: Upon consideration of the JOINT STIPULATION OF DISMISSAL, filed on October 23, 2019, by Attorney Daniel Tenny, IT IS ORDERED that this appeal is voluntarily DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b). (ph, ) (Entered: 10/24/2019)

Oct. 23, 2019

Oct. 23, 2019

RECAP
97

MANDATE of USCA dated 10/23/2019 regarding notice of appeal 37 ; USCA No.18-3178; No record to be returned. (ph, ) (Entered: 10/24/2019)

Oct. 23, 2019

Oct. 23, 2019

RECAP

Case Details

State / Territory: Illinois

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: July 16, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The City of Evanston, Illinois and the U.S. Conference of Mayors.

Plaintiff Type(s):

City/County Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Justice, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Federalism (including 10th Amendment)

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:

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Amount Defendant Pays: 119,499.81

Order Duration: 2018 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Funding

Immigration/Border:

Sanctuary city/state

Undocumented immigrants - state and local regulation