Case: City and County of San Francisco v. Sessions III

3:18-cv-05146 | U.S. District Court for the Northern District of California

Filed Date: Aug. 22, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is another response to efforts by the Trump Administration to strip certain law enforcement funding from "sanctuary" cities and states unless their governments agree to participate in federal immigration enforcement. The city and county of San Francisco previously sued the Department of Justice (DOJ) over immigration conditions imposed on the Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) program twice in 2017, details of those cases can be found here and here.On August 2…

This case is another response to efforts by the Trump Administration to strip certain law enforcement funding from "sanctuary" cities and states unless their governments agree to participate in federal immigration enforcement. The city and county of San Francisco previously sued the Department of Justice (DOJ) over immigration conditions imposed on the Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) program twice in 2017, details of those cases can be found here and here.

On August 22, 2018, the city and county of San Francisco filed this lawsuit in the Northern District of California. San Francisco, represented by the city attorney, sued Attorney General Jeff Sessions, the Acting Assistant Attorney General, the United States Department Justice (DOJ), and dozens of unnamed defendants also allegedly responsible for unconstitutionally conditioning grants of federal funding. San Francisco claimed that this violated the Spending Clause, separation of powers, and the Tenth Amendment to the U.S. Constitution, and sought declaratory and injunctive relief. The case was assigned to Judge William Orrick. It was related to a similar case brought by the state of California on Sept. 10, 2018; that case can be found here.

San Francisco alleged that the defendants were again imposing unlawful immigration-related conditions on Byrne JAG grants (federal funds that go to a number of criminal justice programs in San Francisco) for fiscal year 2018. The plaintiff stated that several of these conditions were essentially the same as those imposed on FY2017 grants, but that the defendants had additionally imposed two new conditions. Those additional conditions require Byrne JAG recipients: (1) not to publicly disclose sensitive federal law enforcement information in attempts to harbor or shield fugitives from justice or aliens in violation of federal immigration law; and (2) to provide information about the applicant’s laws and policies for purposes of assessing compliance with 8 U.S.C. § 1373 (which bars local governments from restricting their employees from sharing citizenship and immigration status information with federal immigration authorities). These conditions are referred to as the “nondisclosure” and “information” conditions, respectively. Failure to cooperate with these conditions would deny the plaintiff up to $1.4 million in Byrne JAG funds for FY2018. The plaintiff claimed that compliance conflicted with existing state and county laws.

On December 21, 2018, the City and County of San Francisco moved for summary judgment. Oral argument on that motion was scheduled for February 13, 2019.

On March 4, 2019, Judge Orrick granted the plaintiff's motion for summary judgment and denied the defendants' motion for partial dismissal or partial summary judgment. Judge Orrick found that the challenged conditions were ultra vires and violated the separation of powers; that 8 U.S.C. § 1373 was unconstitutional; that the Attorney General exceeded the Spending Clause by imposing ambiguous conditions on Byrne JAG grants in FY2018; that the conditions were arbitrary and capricious in violation of the Administrative Procedure Act; that California was entitled to the mandamus relief it was seeking in its related case; and that a nationwide injunction was warranted but stayed.

Judge Orrick focused his analysis on the two new conditions imposed for FY2018, incorporating by reference the arguments related to the duplicate conditions from FY2017. The DOJ relied on three statutory provisions to support its conclusion that Congress had delegated authority to the Assistant Attorney General to exercise discretion over formula grants, but Judge Orrick concluded that these provisions did not grant such an independent authority to impose the FY2018 conditions on Byrne JAG grants.

On March 26, 2019, Judge Orrick issued his permanent injunction, enjoining the defendants from using the FY2018 Byrne JAG funding conditions for any California state entity, San Francisco, any California political subdivision, or any jurisdiction in the United States. The judge then stayed the nationwide aspect of the permanent injunction until further rulings from the Ninth Circuit (which had expressed concerns over the nationwide nature of the relief during the 2017 litigation over Byrne JAG funding conditions).

On May 3, 2019, the defendants appealed to the Ninth Circuit (Docket No. 19-15947). The parties subsequently entered mediation conferences. In November 2019, the Ninth Circuit stayed the appeals. The case is ongoing.

Summary Authors

Cianan Lesley (1/31/2019)

Sam Kulhanek (4/8/2019)

Alec Richards (9/29/2019)

Aaron Gurley (2/15/2020)

Related Cases

City and County of San Francisco v. Trump, Northern District of California (2017)

City and County of San Francisco v. Sessions, Northern District of California (2017)

State of California v. Sessions, Northern District of California (2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7722500/parties/city-and-county-of-san-francisco-v-sessions/


Judge(s)

Orrick, William Horsley III (California)

Spero, Joseph C. (California)

Attorneys(s) for Plaintiff

Eisenberg, Sara J. (California)

Flynn, Ronald P. (California)

Herrera, Dennis J. (California)

McGrath, Aileen M. (California)

Mere, Yvonne Rosil (California)

Smith, Jesse C. (California)

Steeley, Tara M. (California)

Attorneys(s) for Defendant

Mauler, Daniel (District of Columbia)

Judge(s)

Orrick, William Horsley III (California)

Spero, Joseph C. (California)

Attorneys(s) for Plaintiff

Eisenberg, Sara J. (California)

Flynn, Ronald P. (California)

Herrera, Dennis J. (California)

McGrath, Aileen M. (California)

Mere, Yvonne Rosil (California)

Smith, Jesse C. (California)

Steeley, Tara M. (California)

Attorneys(s) for Defendant

Mauler, Daniel (District of Columbia)

Simpson, W. Scott (District of Columbia)

Other Attorney(s)

Lundstrom, Tara Carina (California)

Documents in the Clearinghouse

Document

3:18-cv-05146

Docket [PACER]

March 26, 2019

March 26, 2019

Docket
1

3:18-cv-05146

Complaint

City and County of San Francisco v. Sessions, III

Aug. 22, 2018

Aug. 22, 2018

Complaint
22

3:18-cv-05146

Amended Complaint

Nov. 1, 2018

Nov. 1, 2018

Complaint
60

3:18-cv-05146

Order Granting Plaintiff's Motion for Summary Judgment and Denying Defendants' Motion for Partial Summary Judgment

March 4, 2019

March 4, 2019

Order/Opinion
63

3:18-cv-05146

Judgment and Order Granting Plaintiff's Motion for Summary Judgment

March 26, 2019

March 26, 2019

Order/Opinion
65

3:18-cv-05146

Defendants' Notice of Appeal

May 3, 2019

May 3, 2019

Notice Letter

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7722500/city-and-county-of-san-francisco-v-sessions/

Last updated Aug. 28, 2022, 3:16 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 0971-12617782.). Filed by City and County of San Francisco. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet) (Herrera, Dennis) (Filed on 8/22/2018) Modified on 8/22/2018 (gbaS, COURT STAFF). (Entered: 08/22/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Civil Cover Sheet

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Aug. 22, 2018

Aug. 22, 2018

PACER
2

Proposed Summons. (Herrera, Dennis) (Filed on 8/22/2018) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
3

Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/5/2018. (as, COURT STAFF) (Filed on 8/22/2018) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
4

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/23/2018. Initial Case Management Conference set for 11/30/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor. (gbaS, COURT STAFF) (Filed on 8/22/2018) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
5

Summons Issued as to Laura L. Rogers, Jefferson B. Sessions, III, United States Department of Justice. (gbaS, COURT STAFF) (Filed on 8/22/2018) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
6

NOTICE of Appearance by Ronald P. Flynn Notice of Appearance of Counsel (Flynn, Ronald) (Filed on 8/23/2018) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
7

NOTICE of Appearance by Yvonne Rosil Mere Notice of Appearance of Counsel (Mere, Yvonne) (Filed on 8/23/2018) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
8

NOTICE of Appearance by Sara Jennifer Eisenberg Notice of Appearance of Counsel (Eisenberg, Sara) (Filed on 8/23/2018) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
9

NOTICE of Appearance by Tara M. Steeley Notice of Appearance of Counsel (Steeley, Tara) (Filed on 8/23/2018) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
10

CERTIFICATE OF SERVICE by City and County of San Francisco Proof of Service (Eisenberg, Sara) (Filed on 8/24/2018) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
11

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City and County of San Francisco.. (Eisenberg, Sara) (Filed on 9/5/2018) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

PACER
12

ORDER RELATING CASE - This matter is found to be related to 3:17cv485-WHO. Signed by Judge William H. Orrick on 09/10/2018. (jmdS, COURT STAFF) (Filed on 9/10/2018) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

PACER
13

Case reassigned to Judge William H. Orrick. Magistrate Judge Joseph C. Spero 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 (srnS, COURT STAFF) (Filed on 9/11/2018) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER
14

CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 11/27/2018 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Case Management Statement due by 11/20/2018. Signed by Judge William H. Orrick on 09/11/2018. (jmdS, COURT STAFF) (Filed on 9/11/2018) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER
15

CERTIFICATE OF SERVICE by City and County of San Francisco Proof of Service (Eisenberg, Sara) (Filed on 9/13/2018) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

PACER
16

CERTIFICATE OF SERVICE by City and County of San Francisco Updated Proof of Service (Eisenberg, Sara) (Filed on 9/27/2018) (Entered: 09/27/2018)

Sept. 27, 2018

Sept. 27, 2018

PACER
17

MOTION for Extension of Time to File Response/Reply as to 1 Complaint, filed by Jefferson B. Sessions, III, United States Department of Justice, Matt M. Dummermuth. (Attachments: # 1 Declaration of W. Scott Simpson, # 2 Proposed Order)(Simpson, W.) (Filed on 10/12/2018) (Entered: 10/12/2018)

1 Declaration of W. Scott Simpson

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2 Proposed Order

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Oct. 12, 2018

Oct. 12, 2018

PACER
18

STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order on Amendment of Complaints and Defendants' Responses to Amended Complaints filed by City and County of San Francisco. (Eisenberg, Sara) (Filed on 10/16/2018) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
19

ORDER by Judge William H. Orrick granting (18) Stipulation in case 3:18-cv-05146-WHO and (15) Stipulation in case 3:18-cv-05169-WHO. Plaintiffs shall have until November 1, 2018 to file an amended complaint in this action. Defendants' responses to the complaints shall be due on December 3, 2018. (jmdS, COURT STAFF) (Filed on 10/16/2018) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
20

Joint ADMINISTRATIVE MOTION Automatic Referral to the ADR Multi-Option Program Joint Administrative Motion for Relief from Automatic Referral to the ADR Multi-Option Program filed by City and County of San Francisco. Responses due by 11/5/2018. (Eisenberg, Sara) (Filed on 11/1/2018) (Entered: 11/01/2018)

Nov. 1, 2018

Nov. 1, 2018

PACER
21

Proposed Order re 20 Joint ADMINISTRATIVE MOTION Automatic Referral to the ADR Multi-Option Program Joint Administrative Motion for Relief from Automatic Referral to the ADR Multi-Option Program [Proposed] Order on Joint Administrative Motion for Relief from Automatic Referral to the ADR Multi-Option Program by City and County of San Francisco. (Eisenberg, Sara) (Filed on 11/1/2018) (Entered: 11/01/2018)

Nov. 1, 2018

Nov. 1, 2018

PACER
22

FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELEIF; against City and County of San Francisco. Filed byCity and County of San Francisco. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Herrera, Dennis) (Filed on 11/1/2018) Modified on 11/2/2018 (aaaS, COURT STAFF). (Entered: 11/01/2018)

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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Nov. 1, 2018

Nov. 1, 2018

PACER
23

ORDER ON JOINT ADMINISTRATIVE MOTION FOR RELIEF FROM AUTOMATIC REFERRAL TO THE ADR MULTI-OPTION PROGRAM by Judge William H. Orrick granting (20) Administrative Motion in case 3:18-cv-05146-WHO. Associated Cases: 3:18-cv-05146-WHO, 3:18-cv-05169-WHO (jmdS, COURT STAFF) (Filed on 11/1/2018) (Entered: 11/01/2018)

Nov. 1, 2018

Nov. 1, 2018

PACER
24

CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by City and County of San Francisco. (Eisenberg, Sara) (Filed on 11/20/2018) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
25

Minute Entry for proceedings held before Judge William H. Orrick: Case Management Conference held on 11/27/2018. Briefing schedule set and Motion Hearing on anticipated motion to enforce judgment scheduled for 12/21/2018 10:00 AM. Briefing schedule set and Motion Hearing on competing dispositive motions scheduled for 2/13/2019 02:00 PM. (Both hearings to be conducted in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick.) FTR Time: 2:09-2:32. (jmdS, COURT STAFF) (Date Filed: 11/27/2018) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
26

NOTICE by Matt M. Dummermuth, United States Department of Justice, Matthew G. Whitaker of Filing of Administrative Record (Attachments: # 1 Admin. Record Part 1, # 2 Admin. Record Part 2, # 3 Admin. Record Part 3, # 4 Admin. Record Part 4)(Simpson, W.) (Filed on 12/3/2018) (Entered: 12/03/2018)

1 Admin. Record Part 1

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2 Admin. Record Part 2

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3 Admin. Record Part 3

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4 Admin. Record Part 4

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Dec. 3, 2018

Dec. 3, 2018

PACER
27

MOTION to Dismiss (Partial), MOTION for Summary Judgment (Partial) filed by Matt M. Dummermuth, United States Department of Justice, Matthew G. Whitaker. Motion Hearing set for 2/13/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 12/21/2018. Replies due by 1/14/2019. (Attachments: # 1 Defendants' Request for Judicial Notice, # 2 Proposed Order)(Simpson, W.) (Filed on 12/3/2018) (Entered: 12/03/2018)

1 Defendants' Request for Judicial Notice

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2 Proposed Order

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Dec. 3, 2018

Dec. 3, 2018

RECAP
28

Clerk's Notice of Video Recording Request. Video Camera hearings set for 12/21/2018 10:00 AM and 2/13/2019 02:00 PM. Objections to Video Recording due 12/11/2018. (jmdS, COURT STAFF) (Filed on 12/4/2018) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
29

Clerk's Notice CONSENTING TO Video Recording of hearing re: 155 Motion to Enforce in Case No. 17-cv-4701-WHO. (jmdS, COURT STAFF) (Filed on 12/19/2018) (Entered: 12/19/2018)

Dec. 19, 2018

Dec. 19, 2018

PACER
30

MOTION for Summary Judgment CITY AND COUNTY OF SAN FRANCISCOS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL DISMISSAL OR PARTIAL SUMMARY JUDGMENT filed by City and County of San Francisco. Motion Hearing set for 2/13/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 1/4/2019. Replies due by 1/11/2019. (Eisenberg, Sara) (Filed on 12/21/2018) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
31

Request for Judicial Notice re 30 MOTION for Summary Judgment CITY AND COUNTY OF SAN FRANCISCOS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL DISMISSAL OR PARTIAL SUMMARY JUDGMENT filed byCity and County of San Francisco. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 30 ) (Eisenberg, Sara) (Filed on 12/21/2018) (Entered: 12/21/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Dec. 21, 2018

Dec. 21, 2018

PACER
32

Declaration of LEO CHYI in Support of 30 MOTION for Summary Judgment CITY AND COUNTY OF SAN FRANCISCOS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL DISMISSAL OR PARTIAL SUMMARY JUDGMENT filed byCity and County of San Francisco. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 30 ) (Eisenberg, Sara) (Filed on 12/21/2018) (Entered: 12/21/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Dec. 21, 2018

Dec. 21, 2018

PACER
33

Declaration of SHERIFF VICKI HENNESSY in Support of 30 MOTION for Summary Judgment CITY AND COUNTY OF SAN FRANCISCOS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL DISMISSAL OR PARTIAL SUMMARY JUDGMENT filed byCity and County of San Francisco. (Related document(s) 30 ) (Eisenberg, Sara) (Filed on 12/21/2018) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
34

Declaration of SARA J. EISENBERG in Support of 30 MOTION for Summary Judgment CITY AND COUNTY OF SAN FRANCISCOS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL DISMISSAL OR PARTIAL SUMMARY JUDGMENT filed byCity and County of San Francisco. (Related document(s) 30 ) (Eisenberg, Sara) (Filed on 12/21/2018) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
35

Declaration of MATTHEW JERZYK in Support of 30 MOTION for Summary Judgment CITY AND COUNTY OF SAN FRANCISCOS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL DISMISSAL OR PARTIAL SUMMARY JUDGMENT filed byCity and County of San Francisco. (Related document(s) 30 ) (Eisenberg, Sara) (Filed on 12/21/2018) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
36

Declaration of FRANCIS X. WRIGHT, JR. in Support of 30 MOTION for Summary Judgment CITY AND COUNTY OF SAN FRANCISCOS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL DISMISSAL OR PARTIAL SUMMARY JUDGMENT filed byCity and County of San Francisco. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 30 ) (Eisenberg, Sara) (Filed on 12/21/2018) (Entered: 12/21/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Dec. 21, 2018

Dec. 21, 2018

PACER
37

Declaration of TRACY REEVE in Support of 30 MOTION for Summary Judgment CITY AND COUNTY OF SAN FRANCISCOS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL DISMISSAL OR PARTIAL SUMMARY JUDGMENT filed byCity and County of San Francisco. (Related document(s) 30 ) (Eisenberg, Sara) (Filed on 12/21/2018) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
38

Declaration of JEANNIE SPRINGER in Support of 30 MOTION for Summary Judgment CITY AND COUNTY OF SAN FRANCISCOS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL DISMISSAL OR PARTIAL SUMMARY JUDGMENT filed byCity and County of San Francisco. (Related document(s) 30 ) (Eisenberg, Sara) (Filed on 12/21/2018) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
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Declaration of KENNY F. PITTMAN in Support of 30 MOTION for Summary Judgment CITY AND COUNTY OF SAN FRANCISCOS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL DISMISSAL OR PARTIAL SUMMARY JUDGMENT filed byCity and County of San Francisco. (Related document(s) 30 ) (Eisenberg, Sara) (Filed on 12/21/2018) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
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Declaration of CITY OF MINNEAPOLIS in Support of 30 MOTION for Summary Judgment CITY AND COUNTY OF SAN FRANCISCOS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL DISMISSAL OR PARTIAL SUMMARY JUDGMENT filed byCity and County of San Francisco. (Related document(s) 30 ) (Eisenberg, Sara) (Filed on 12/21/2018) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
41

Declaration of DELIA ROLLINS MUHAMMAD in Support of 30 MOTION for Summary Judgment CITY AND COUNTY OF SAN FRANCISCOS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL DISMISSAL OR PARTIAL SUMMARY JUDGMENT filed byCity and County of San Francisco. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 30 ) (Eisenberg, Sara) (Filed on 12/21/2018) (Entered: 12/21/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Dec. 21, 2018

Dec. 21, 2018

PACER
42

Declaration of SARITA NAIR in Support of 30 MOTION for Summary Judgment CITY AND COUNTY OF SAN FRANCISCOS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL DISMISSAL OR PARTIAL SUMMARY JUDGMENT filed byCity and County of San Francisco. (Related document(s) 30 ) (Eisenberg, Sara) (Filed on 12/21/2018) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
43

Proposed Order re 30 MOTION for Summary Judgment CITY AND COUNTY OF SAN FRANCISCOS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL DISMISSAL OR PARTIAL SUMMARY JUDGMENT by City and County of San Francisco. (Eisenberg, Sara) (Filed on 12/21/2018) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
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NOTICE by Matt M. Dummermuth, United States Department of Justice, Matthew G. Whitaker re 26 Notice (Other), Notice of Lodging (Simpson, W.) (Filed on 12/21/2018) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
45

Clerk's Notice CONSENTING TO Video Recording of Motion Hearing set for 2/13/2019 in Cases 3:18-cv-05169-WHO and 3:18-cv-05146-WHO. (jmdS, COURT STAFF) (Filed on 12/27/2018) (Entered: 12/27/2018)

Dec. 27, 2018

Dec. 27, 2018

PACER
46

MOTION to Stay Proceedings in Light of Lapse of Appropriations filed by Matt M. Dummermuth, United States Department of Justice, Matthew G. Whitaker. Responses due by 1/10/2019. Replies due by 1/17/2019. (Attachments: # 1 Declaration of W. Scott Simpson, # 2 Proposed Order)(Simpson, W.) (Filed on 12/27/2018) (Entered: 12/27/2018)

1 Declaration of W. Scott Simpson

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2 Proposed Order

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Dec. 27, 2018

Dec. 27, 2018

PACER
47

ORDER REGARDING AMICUS BRIEFING. Signed by Judge William H. Orrick on 12/28/2018. (jmdS, COURT STAFF) (Filed on 12/28/2018) (Entered: 12/28/2018)

Dec. 28, 2018

Dec. 28, 2018

PACER
48

ORDER by Judge William H. Orrick denying (46) Motion to Stay in case 3:18-cv-05146-WHO; denying (33) Motion to Stay in case 3:18-cv-05169-WHO. (jmdS, COURT STAFF) (Filed on 1/2/2019) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
49

STIPULATION WITH PROPOSED ORDER re 24 Case Management Statement filed by Matt M. Dummermuth, United States Department of Justice, Mathew Whitaker. (Simpson, W.) (Filed on 1/8/2019) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
50

ORDER granting 49 Stipulation extending briefing schedule re 30 MOTION for Summary Judgment. Response due by 1/16/2019. Reply due by 1/30/2019.Signed by Judge William H. Orrick on 1/8/2019. (jmdS, COURT STAFF) (Filed on 1/8/2019) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

RECAP
51

OPPOSITION/RESPONSE (re 30 MOTION for Summary Judgment CITY AND COUNTY OF SAN FRANCISCOS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL DISMISSAL OR PARTIAL SUMMARY JUDGMENT ) filed byMatt M. Dummermuth, United States Department of Justice, Mathew Whitaker. (Simpson, W.) (Filed on 1/16/2019) (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

RECAP
52

REPLY (re 27 MOTION to Dismiss (Partial) MOTION for Summary Judgment (Partial) ) filed byMatt M. Dummermuth, United States Department of Justice, Mathew Whitaker. (Simpson, W.) (Filed on 1/16/2019) (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

RECAP
53

REPLY (re 30 MOTION for Summary Judgment CITY AND COUNTY OF SAN FRANCISCOS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL DISMISSAL OR PARTIAL SUMMARY JUDGMENT ) City and County of San Francisco's Reply in Support of Motion for Summary Judgment filed byCity and County of San Francisco. (Eisenberg, Sara) (Filed on 1/30/2019) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER
54

MOTION for Leave to File Brief of Amici Curiae filed by County of Santa Clara. (Attachments: # 1 Exhibit)(Lundstrom, Tara) (Filed on 1/30/2019) (Entered: 01/30/2019)

1 Exhibit

View on PACER

Jan. 30, 2019

Jan. 30, 2019

PACER
56

Minute Entry for proceedings held before Judge William H. Orrick: Motion Hearing held on 2/13/2019. Multiple motions heard. Motions taken under submission; written order to follow. Total Time in Court: 49 minutes. Court Reporter: Debra Pas. (jmdS, COURT STAFF) (Date Filed: 2/13/2019) (Entered: 02/18/2019)

Feb. 13, 2019

Feb. 13, 2019

PACER
55

TRANSCRIPT ORDER for proceedings held on 02/13/2019 before Judge William H. Orrick by City and County of San Francisco, for Court Reporter Debra Pas. (Eisenberg, Sara) (Filed on 2/14/2019) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
57

Request for Judicial Notice Joint Supplemental Request for Judicial Notice re: Plaintiff's Motion for Summary Judgment and Defendants' Motions to Dismiss and for Partial Summary Judgment filed byCity and County of San Francisco. (Eisenberg, Sara) (Filed on 2/19/2019) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
58

NOTICE of Appearance by Aileen Marie McGrath Notice of Appearance of Counsel (McGrath, Aileen) (Filed on 2/19/2019) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
59

Transcript of Proceedings held on 2-13-2019, before Judge William H. Orrick. Court Reporter/Transcriber Debra L. Pas, CRR, telephone number (415) 431-1477/Email: Debra_Pas@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (55 in 3:18-cv-05146-WHO) Transcript Order, (43 in 3:18-cv-05169-WHO) Transcript Order ) Release of Transcript Restriction set for 5/30/2019. (pasdl50S, COURT STAFF) (Filed on 3/1/2019) (Entered: 03/01/2019)

March 1, 2019

March 1, 2019

PACER
60

ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION FOR PARTIAL DISMISSAL OR PARTIAL SUMMARY JUDGMENT. Signed by Judge William H. Orrick on 3/4/3019. (jmdS, COURT STAFF) (Filed on 3/4/2019) (Entered: 03/04/2019)

March 4, 2019

March 4, 2019

RECAP
61

STIPULATION WITH PROPOSED ORDER re 60 Order Dismissing Case filed by Matt M. Dummermuth, United States Department of Justice, William P. Barr. (Simpson, W.) (Filed on 3/14/2019) (Entered: 03/14/2019)

March 14, 2019

March 14, 2019

RECAP
62

Order by Judge William H. Orrick granting (61) Stipulation in case 3:18-cv-05146-WHO and associated case 3:18-cv-05169-WHO. The deadline to submit either a stipulated form or judgment or competing judgments is extended by one week to March 25, 2019. (jmdS, COURT STAFF) (Filed on 3/22/2019) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
63

JUDGMENT AND ORDER GRANTING PLAINTIFFS' MOTIONS FOR SUMMARY JUDGMENT by Judge William H. Orrick in case 3:18-cv-05146-WHO; granting (50) Stipulation in case 3:18-cv-05169-WHO. Associated Cases: 3:18-cv-05169-WHO, 3:18-cv-05146-WHO(jmdS, COURT STAFF) (Filed on 3/26/2019) (Entered: 03/26/2019)

March 26, 2019

March 26, 2019

RECAP
64

NOTICE of Substitution of Counsel by Daniel D. Mauler and withdrawal of W. Scott Simpson as counsel for Defendants (Mauler, Daniel) (Filed on 4/30/2019) (Entered: 04/30/2019)

April 30, 2019

April 30, 2019

PACER
65

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by William P. Barr, Matt M. Dummermuth, Laura L. Rogers, Jefferson B. Sessions, III, United States Department of Justice, Mathew Whitaker. Appeal of Order on Stipulation, 63 (Appeal fee FEE WAIVED.) (Mauler, Daniel) (Filed on 5/3/2019) USCA Number 19-15947 (Entered: 05/03/2019)

May 3, 2019

May 3, 2019

PACER
66

USCA Case Number 19-15947 9th Circuit for 65 Notice of Appeal, filed by United States Department of Justice, Matt M. Dummermuth, Mathew Whitaker, Laura L. Rogers, Jefferson B. Sessions, III, William P. Barr. (amgS, COURT STAFF) (Filed on 5/3/2019) (Entered: 05/10/2019)

May 3, 2019

May 3, 2019

PACER
67

ORDER of USCA These appeals remained stayed pending further order of this court. FOR THE COURT; as to 65 Notice of Appeal, filed by United States Department of Justice, Matt M. Dummermuth, Mathew Whitaker, Laura L. Rogers, Jefferson B. Sessions, III, William P. Barr (aaaS, COURT STAFF) (Filed on 11/8/2019) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER
68

AMENDED 67 ORDER of USCA These appeals remained stayed pending further order of this court, Counsel should contact the undersigned by email within 10 days after the court's decision in City & County of San Francisco v. Barr, Appeal Nos. 18-17308, 18-17311. FOR THE COURT; as to 65 Notice of Appeal, filed by United States Department of Justice, Matt M. Dummermuth, Mathew Whitaker, Laura L. Rogers, Jefferson B. Sessions, III, William P. Barr (aaaS, COURT STAFF) (Filed on 11/12/2019) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER
69

USCA Order

Aug. 5, 2020

Aug. 5, 2020

PACER
70

USCA Memorandum

July 29, 2022

July 29, 2022

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 22, 2018

Closing Date: 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The City and County of San Francisco

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The Attorney General of the United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Immigration/Border:

Sanctuary city/state

Undocumented immigrants - state and local regulation