Case: State of California v. Sessions

3:18-cv-05169 | U.S. District Court for the Northern District of California

Filed Date: Aug. 23, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is another response to efforts by the Trump Administration to strip law enforcement funding from states and certain local jurisdictions unless their governments agree to participate in federal immigration enforcement. On August 23, 2018, the State of California filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiff, represented by its attorney general, sued the Department of Justice (DOJ) and the Attorney General under the Administrative P…

This case is another response to efforts by the Trump Administration to strip law enforcement funding from states and certain local jurisdictions unless their governments agree to participate in federal immigration enforcement.

On August 23, 2018, the State of California filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiff, represented by its attorney general, sued the Department of Justice (DOJ) and the Attorney General under the Administrative Procedure Act (APA), the Declaratory Judgment Act, and the Mandamus Statute. The plaintiff claimed that by unlawfully imposing immigration-related conditions on federal funding to the State, the government violated the spending clause and the APA. The plaintiffs requested a declaratory judgment that the JAG certification requirements were unconstitutional, injunctive relief barring their use, and mandamus compelling the defendants to issue and disperse FY2018 funds, as well as attorneys' fees and costs.

California had been receiving federal funding through the Edward Byrne Memorial Justice Assistance Grant (JAG) program, a criminal justice grant administered by the DOJ and the Office of Justice Programs (OJP). The plaintiff alleged that in 2017 the DOJ imposed unprecedented immigration enforcement conditions on recipients of JAG funding and that courts across the country had since struck those conditions as unconstitutional. The plaintiff also alleged that rather than change these conditions, the DOJ maintained a requirement for FY2018 grants that the chief law officer of the jurisdiction applying for the grant certify compliance with 8 U.S.C. § 1373, which prohibits local government entities from imposing restrictions on the exchange of information regarding an individual’s immigration or citizenship status, among other statutes.

The case was assigned to Magistrate Judge Kandis A. Westmore, but was later reassigned to Judge William Orrick after it was related to another case challenging the FY2018 funding conditions; that case can be found here. On November 1, the plaintiffs filed an amended complaint.

On December 3, 2018, the defendants moved to dismiss for failure to state a claim and for partial summary judgment. They made the same arguments as the appeal pending in the Ninth Circuit regarding FY2017 conditions: basically, that the conditions were lawfully authorized by statute. The plaintiffs cross-filed for summary judgment in their response three weeks later.

On March 4, 2019, Judge Orrick granted summary judgment to the plaintiffs. 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 APA; that California was entitled to mandamus relief; and that a nationwide injunction was warranted but stayed.

On March 26, Judge Orrick issued a 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. 19-15950). The parties subsequently entered mediation conferences. In November 2019, the Ninth Circuit stayed the appeals. The case is ongoing.

Summary Authors

Sam Kulhanek (4/8/2019)

Chelsea Rinnig (1/12/2020)

Related Cases

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

City and County of San Francisco v. Sessions III, Northern District of California (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7730164/parties/state-of-california-v-sessions/


Judge(s)

Orrick, William Horsley III (California)

Westmore, Kandis Arianne (California)

Attorneys(s) for Plaintiff

Becerra, Xavier (California)

Belton, Sarah (California)

Lindsey, Garrett Murlan (California)

Melton, Cherokee Dawn−Marie (California)

Newman, Michael L. (California)

Sherman, Lee Isaac (California)

Yanai, Satoshi (California)

Attorneys(s) for Defendant

Mauler, Daniel (District of Columbia)

Judge(s)

Orrick, William Horsley III (California)

Westmore, Kandis Arianne (California)

Attorneys(s) for Plaintiff

Becerra, Xavier (California)

Belton, Sarah (California)

Lindsey, Garrett Murlan (California)

Melton, Cherokee Dawn−Marie (California)

Newman, Michael L. (California)

Sherman, Lee Isaac (California)

Yanai, Satoshi (California)

Attorneys(s) for Defendant

Mauler, Daniel (District of Columbia)

Simpson, W. Scott (District of Columbia)

Other Attorney(s)

Evans, Sue Ann Salmon (California)

Holmquist, David (California)

Navera, Devora Montoya (California)

Park, Bryan Justin (California)

Documents in the Clearinghouse

Document

3:18-cv-05169

Docket [PACER]

Nov. 12, 2019

Nov. 12, 2019

Docket
1

3:18-cv-05169

Complaint

Aug. 23, 2018

Aug. 23, 2018

Complaint
20

3:18-cv-05169

First Amended Complaint

Nov. 1, 2018

Nov. 1, 2018

Complaint
47

3:18-cv-05169

Order Granting Plaintiff’s Motion For Summary Judgment And Denying Defendants’ Motion For Partial Dismissal Or Partial Summary Judgment

372 F.Supp.3d 928

March 4, 2019

March 4, 2019

Order/Opinion
51

3:18-cv-05169

Judgment and Order Granting Plaintiffs' Motions for Summary Judgment

State of California v. Barr

March 26, 2019

March 26, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7730164/state-of-california-v-sessions/

Last updated May 28, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
5

Case assigned to Magistrate Judge Kandis A. Westmore. 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 9/6/2018. (as, COURT STAFF) (Filed on 8/23/2018) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
4

Proposed Summons. (Sherman, Lee) (Filed on 8/23/2018) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
3

Proposed Summons. (Sherman, Lee) (Filed on 8/23/2018) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
2

Proposed Summons. (Sherman, Lee) (Filed on 8/23/2018) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
1

COMPLAINT FY 2018 JAG against All Defendants ( Filing fee $ 400, receipt number 0971-12619589.). Filed byState of California. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Sherman, Lee) (Filed on 8/23/2018) (Entered: 08/23/2018)

1 Civil Cover Sheet Civil Cover Sheet

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Aug. 23, 2018

Aug. 23, 2018

PACER
7

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/20/2018. Initial Case Management Conference set for 11/27/2018 01:30 PM. (jmlS, COURT STAFF) (Filed on 8/24/2018) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
6

Summons Issued as to Laura L. Rogers, Jefferson Beauregard Sessions, III, United States Department of Justice, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons)(jmlS, COURT STAFF) (Filed on 8/24/2018) (Entered: 08/24/2018)

1 Summons

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2 Summons

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Aug. 24, 2018

Aug. 24, 2018

PACER
8

CERTIFICATE OF SERVICE by State of California (Sherman, Lee) (Filed on 8/31/2018) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
9

ORDER RELATING CASE - This matter is found to be related to Case No. 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
12

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
11

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by State of California.. (Sherman, Lee) (Filed on 9/11/2018) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER
10

Case Reassigned to Judge William H. Orrick. Magistrate Judge Kandis A. Westmore 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. (jmlS, COURT STAFF) (Filed on 9/11/2018) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER
13

NOTICE of Appearance by Sarah Elizabeth Belton for Plaintiff State of California (Belton, Sarah) (Filed on 9/12/2018) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

PACER
14

MOTION for Extension of Time to File Response/Reply as to 1 Complaint filed by Jefferson Beauregard 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
16

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

RECAP
15

STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order on Amendment of Complaints and Defendants' Responses to Amended Complaints filed by State of California. (Sherman, Lee) (Filed on 10/16/2018) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
17

NOTICE of Appearance by Cherokee Dawn-Marie Melton for Plaintiff State of California (Melton, Cherokee) (Filed on 10/31/2018) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
20

FIRST AMENDED COMPLAINT FOR DECLARATORY, INJUNCTIVE, AND MANDAMUS RELIEF; against Matt M. Dummermuth, Jefferson Beauregard Sessions, III, United States Department of Justice. Filed byState of California. (Attachments: # 1 Exhibit A-D)(Sherman, Lee) (Filed on 11/1/2018) Modified on 11/2/2018 (aaaS, COURT STAFF). (Entered: 11/01/2018)

1 Exhibit A-D

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Nov. 1, 2018

Nov. 1, 2018

PACER
19

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
18

Joint ADMINISTRATIVE MOTION Automatic Referral to the ADR Multi-Option Program filed by State of California. Responses due by 11/5/2018. (Attachments: # 1 Proposed Order)(Sherman, Lee) (Filed on 11/1/2018) (Entered: 11/01/2018)

1 Proposed Order

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Nov. 1, 2018

Nov. 1, 2018

PACER
21

NOTICE of Appearance by Garrett Murlan Lindsey (Lindsey, Garrett) (Filed on 11/9/2018) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER
22

JOINT CASE MANAGEMENT STATEMENT ; [PROPOSED] Order filed by State of California. (Sherman, Lee) (Filed on 11/20/2018) Modified on 11/21/2018 (mclS, COURT STAFF). (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
23

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
25

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 1/16/2019. (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
24

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
26

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
27

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
31

Appendix re 29 MOTION for Summary Judgment and Opposition to Defendants' Partial Motions to Dismiss and for Summary Judgment (Part 2) filed byState of California. (Related document(s) 29 ) (Melton, Cherokee) (Filed on 12/21/2018) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
30

Appendix re 29 MOTION for Summary Judgment and Opposition to Defendants' Partial Motions to Dismiss and for Summary Judgment (Part 1) filed byState of California. (Related document(s) 29 ) (Melton, Cherokee) (Filed on 12/21/2018) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
29

MOTION for Summary Judgment and Opposition to Defendants' Partial Motions to Dismiss and for Summary Judgment filed by State of California. 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 1/16/2019. Replies due by 1/30/2019. (Attachments: # 1 Proposed Order, # 2 Request for Judicial Notice in Support of Plaintiff's Motion for Summary Judgment and Opposition to Defendants' Partial Motions to Dismiss and for Summary Judgment, # 3 Declaration of Lee I. Sherman in Support of Plaintiff's Motion for Summary Judgment and Opposition to Defendants' Partial Motions to Dismiss and for Summary Judgment)(Melton, Cherokee) (Filed on 12/21/2018) (Entered: 12/21/2018)

1 Proposed Order

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2 Request for Judicial Notice in Support of Plaintiff's Motion for Summary J

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3 Declaration of Lee I. Sherman in Support of Plaintiff's Motion for Summary

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Dec. 21, 2018

Dec. 21, 2018

PACER
28

NOTICE by Matt M. Dummermuth, United States Department of Justice, Matthew G. Whitaker re 24 Notice (Other), Notice of Lodging (Simpson, W.) (Filed on 12/21/2018) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
33

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
32

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
34

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
35

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
37

REPLY (re 25 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
36

OPPOSITION/RESPONSE (re 29 MOTION for Summary Judgment and Opposition to Defendants' Partial Motions to Dismiss and for 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

PACER
40

NOTICE of Appearance by Bryan Justin Park for Amicus Curiae Los Angeles Unified School District (Park, Bryan) (Filed on 1/29/2019) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
39

NOTICE of Appearance by Sue Ann Salmon Evans for Amicus Curiae Los Angeles Unified School District (Salmon Evans, Sue) (Filed on 1/29/2019) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
38

Brief Motion for Leave to File Amicus Curiae Brief filed byLos Angeles Unified School District. (Attachments: # 1 Exhibit A - Proposed Amicus Curiae Brief)(Navera, Devora) (Filed on 1/29/2019) (Entered: 01/29/2019)

1 Exhibit A - Proposed Amicus Curiae Brief

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Jan. 29, 2019

Jan. 29, 2019

PACER
42

ERRATA re Electronic Filing Error,, 38 Brief, 39 Notice of Appearance, 40 Notice of Appearance by Los Angeles Unified School District. (Navera, Devora) (Filed on 1/30/2019) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER

Electronic Filing Error

Jan. 30, 2019

Jan. 30, 2019

PACER
41

REPLY (re 29 MOTION for Summary Judgment and Opposition to Defendants' Partial Motions to Dismiss and for Summary Judgment ) filed byState of California. (Attachments: # 1 Supplemental Request for Judicial Notice & Exs. A-B)(Sherman, Lee) (Filed on 1/30/2019) (Entered: 01/30/2019)

1 Supplemental Request for Judicial Notice & Exs. A-B

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Jan. 30, 2019

Jan. 30, 2019

PACER

Electronic filing error. Re: 39 Notice of Appearance filed by Los Angeles Unified School District, 40 Notice of Appearance filed by Los Angeles Unified School District Attorney Devora Montoya Navera Reed Must Contact Attorneys' Admissions for the Northern District of California and Correct Their Name. After, Counsel is Instructed to E-file a Notice Regarding Change in Counsel's Name. Informing the Judge of this Correction. (aaaS, COURT STAFF) (Filed on 1/30/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER
43

TRANSCRIPT ORDER for proceedings held on 2/13/2019 before Judge William H. Orrick by Matt M. Dummermuth, United States Department of Justice, Mathew Whitaker, for Court Reporter Debra Pas. (Simpson, W.) (Filed on 2/13/2019) (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

RECAP
44

TRANSCRIPT ORDER for proceedings held on 2/13/2019 before Judge William H. Orrick by State of California, for Court Reporter Debra Pas. (Sherman, Lee) (Filed on 2/14/2019) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
45

Request for Judicial Notice re 29 MOTION for Summary Judgment and Opposition to Defendants' Partial Motions to Dismiss and for Summary Judgment and Exhibit A filed byState of California. (Related document(s) 29 ) (Sherman, Lee) (Filed on 2/19/2019) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
46

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
47

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

PACER
48

STIPULATION WITH PROPOSED ORDER re 47 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

PACER
49

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
50

STIPULATION WITH PROPOSED ORDER filed by State of California. (Attachments: # 1 Exhibit A - Proposed Judgment and Order)(Sherman, Lee) (Filed on 3/25/2019) (Entered: 03/25/2019)

1 Exhibit A - Proposed Judgment and Order

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March 25, 2019

March 25, 2019

PACER
51

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

PACER
52

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
54

USCA Case Number 19-15950 9th Circuit for 53 Notice of Appeal, filed by Jefferson Beauregard Sessions, III, United States Department of Justice, Matt M. Dummermuth, Mathew Whitaker, Laura L. Rogers, William P. Barr. (amgS, COURT STAFF) (Filed on 5/3/2019) (Entered: 05/10/2019)

May 3, 2019

May 3, 2019

PACER
53

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by William P. Barr, Matt M. Dummermuth, Laura L. Rogers, Jefferson Beauregard Sessions, III, United States Department of Justice, Mathew Whitaker. Appeal of Order on Stipulation, 51 (Appeal fee FEE WAIVED.) (Mauler, Daniel) (Filed on 5/3/2019) Modified on 11/8/2019 (aaaS, COURT STAFF). USCA NUMBER: 19-15950 (Entered: 05/03/2019)

May 3, 2019

May 3, 2019

RECAP
55

ORDER of USCA These appeals remained stayed pending further order of the court. FOR THE COURT; as to 53 Notice of Appeal, filed by Jefferson Beauregard Sessions, III, United States Department of Justice, Matt M. Dummermuth, Mathew Whitaker, Laura L. Rogers, William P. Barr (aaaS, COURT STAFF) (Filed on 11/8/2019) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

RECAP
56

AMENDED 55 ORDER of USCA These appeals remained stayed pending order of this court. Counsel should contact the undersigned by email within 10 days after this court's decision in City & County of San Francisco v. Barr, Appeals Nos. 18-17308, 18-17311. FOR THE COURT; as to 53 Notice of Appeal, filed by Jefferson Beauregard Sessions, III, United States Department of Justice, Matt M. Dummermuth, Mathew Whitaker, Laura L. Rogers, William P. Barr (aaaS, COURT STAFF) (Filed on 11/12/2019) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

RECAP

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: Aug. 23, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The State of California

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

US Department of Justice (Washington, D.C.), Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

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

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

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Funding

Immigration/Border:

Sanctuary city/state

Undocumented immigrants - state and local regulation