Case: Alabama v. United States Dep't of Commerce

2:18-cv-00772 | U.S. District Court for the Northern District of Alabama

Filed Date: May 21, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 21, 2018, Alabama and a representative from its Fifth Congressional District filed this lawsuit in the U.S. District Court for the Northern District of Alabama. The case was assigned to District Judge R. David Proctor. The plaintiffs sued the United States Department of Commerce and the United States Census Bureau under the Actual Enumeration Clause of Article I Section 2 of the Constitution, the Congressional Apportionment and Electoral College Apportionment Clauses of the Fourteenth Am…

On May 21, 2018, Alabama and a representative from its Fifth Congressional District filed this lawsuit in the U.S. District Court for the Northern District of Alabama. The case was assigned to District Judge R. David Proctor. The plaintiffs sued the United States Department of Commerce and the United States Census Bureau under the Actual Enumeration Clause of Article I Section 2 of the Constitution, the Congressional Apportionment and Electoral College Apportionment Clauses of the Fourteenth Amendment, the Administrative Procedure Act, and the Declaratory Judgments Act. Represented by the Alabama Attorney General, the plaintiffs sought injunctive and declaratory relief, alleging that the Census Bureau’s policy of including all U.S. residents in the census count totals used for apportioning congressional seats and electoral votes, regardless of residents' citizenship status, was unconstitutional. They specifically alleged that including undocumented individuals in the population count deprived Alabama of its “rightful share of political representation,” because it had fewer undocumented immigrants relative to other states. The state also alleged that counting undocumented individuals violated the Constitution’s provisions governing congressional apportionment and the electoral college, as well as the federal government’s constitutional duty to conduct an “actual enumeration” of the population. The plaintiff claimed that it was harmed when it received less federal funding than other states because of its relatively low level of undocumented immigrants, and further argued that the Bureau’s policy of counting undocumented individuals was “arbitrary and capricious” and “contrary to law” under the Administrative Procedure Act (APA).

Over three dozen entities intervened as defendants, including 15 states, 6 counties, 9 cities, 2 organizations, 6 individuals, and the District of Columbia.

The Census Bureau moved to dismiss for lack of standing. The court, concluding that Alabama had adequately alleged Article III standing, dismissed the Bureau’s motion on June 5, 2019. 396 F.Supp.3d 1044.

On September 10, 2019, the plaintiffs filed an amended complaint, omitting its original claim that “the defendant’s decision to include illegal aliens in the census enumeration will likely cause the State of Alabama to lose federal and private funding.” On October 1, intervenor defendant Chicanos Por La Causa and six individuals filed a cross-claim against the federal government defendants, seeking a declaration that it would be unconstitutional for the Census Bureau to omit undocumented immigrants in the population totals it reports to the President and Congress for purposes of apportionment; an injunction barring the Census Bureau from reporting a tabulation omitting undocumented immigrants; and attorneys’ fees and costs.

As of June 23, 2020, dispositive motions are due by October 21, 2020.

Summary Authors

Michael Beech (2/9/2019)

Bogyung Lim (6/15/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7041384/parties/alabama-state-of-v-united-states-department-of-commerce/


Judge(s)

Proctor, R. David (Alabama)

Attorneys(s) for Plaintiff

Brooks, Morris J. Jr. (Alabama)

Chynoweth, Brad A. (Alabama)

Davis, James William (Alabama)

Lacour, Edward Gerard (Alabama)

Marshall, Steven T. (Alabama)

Palmer, Eric Michael (Alabama)

Sinclair, Winfield J. (Alabama)

Smith, Brenton Merrill (Alabama)

Attorneys(s) for Defendant

Rosenberg, Brad P. (District of Columbia)

Judge(s)

Proctor, R. David (Alabama)

Attorneys(s) for Plaintiff

Brooks, Morris J. Jr. (Alabama)

Chynoweth, Brad A. (Alabama)

Davis, James William (Alabama)

Lacour, Edward Gerard (Alabama)

Marshall, Steven T. (Alabama)

Palmer, Eric Michael (Alabama)

Sinclair, Winfield J. (Alabama)

Smith, Brenton Merrill (Alabama)

Attorneys(s) for Defendant

Rosenberg, Brad P. (District of Columbia)

Sverdlov, Alexander V. (District of Columbia)

Other Attorney(s)

Blacksher, James U. (Alabama)

Boutin, Gabrielle Downey (California)

Colangelo, Matthew (New York)

Cover, Miranda Mercedes (Massachusetts)

DeFever, Jeanne Nicole (Oregon)

Dolecki, Lauren M. (New York)

Goldstein, Dax Luce (California)

Gomez Hernandez, Julia Alejandra (California)

Hajec, Christopher J. (District of Columbia)

Hamid, Jyotin R. (New York)

Hethmon, Michael M. (District of Columbia)

Hulett, Denise M. (California)

Kusmin, Ryan M. (District of Columbia)

Lynch, Ann E. (Massachusetts)

Meyer, Amanda (New York)

Morgan, Elizabeth (New York)

Mujumdar, Anil A. (Alabama)

Perales, Nina (Texas)

Quinones, Marcelo (California)

Ragsdale, Barry A. (Alabama)

Rajendra, Raphael N (California)

Rand, Paul Hartmann (Alabama)

Saenz, Thomas A. (California)

Saini, Ajay (New York)

Segall, Robert D. (Alabama)

Senteno, Andrea E. (District of Columbia)

Spence, Dorian (District of Columbia)

Still, W Edward (Alabama)

Thurston, Robin Frances (District of Columbia)

Vance, Robert S. Jr. (Alabama)

Wardenski, Joseph (New York)

Weissglass, Jonathan (California)

Williams, Stephen W. (Alabama)

Wise, R Matthew (California)

Yang, Ming Ming (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

State of Alabama v. United States Department of Commerce

June 11, 2020 Docket
1

Complaint

State of Alabama v. United States Department of Commerce

May 21, 2018 Complaint
53

Memorandum Order Granting Motion to Intervene

State of Alabama v. United States Department of Commerce

Dec. 13, 2018 Order/Opinion
84

Memorandum Opinion

State of Alabama v. United States Department of Commerce

396 F.Supp.3d 1044

June 5, 2019 Order/Opinion

Resources

Title Description External URL

Alabama v. United States Dep’t of Commerce

Case analysis by the Brennan Center, includes case filing documents. Feb. 11, 2019 http://www.brennancenter.org/legal-work/alabama-v-united-states-dept-commerce

2020 Census Litigation

The Brennan Center collected federal cases related to the 2020 census. The cases challenge attempts to add a citizenship question to the census, and allege insufficient funding budgeted for the Burea… https://www.brennancenter.org/issues/gerrymandering-fair-representation/fair-accurate-census/2020-census-litigation

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7041384/alabama-state-of-v-united-states-department-of-commerce/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT against Bureau of the Census, Ron S Jarmin, Wilbur L Ross, United States Department of Commerce (Filing fee $ 400. 5/22/2018 B4601089151), filed by Alabama, State of.(KAM) (Entered: 05/23/2018)

May 21, 2018 RECAP
2

Summons Issued as to Bureau of the Census, Ron S Jarmin, Wilbur L Ross, United States Department of Commerce, U.S. Attorney and U.S. Attorney General delivered to plaintiff for service (KAM) (Entered: 05/23/2018)

May 21, 2018 PACER
3

NOTICE by Alabama, State of re 1 Complaint (correction to signature page) (Attachments: # 1 Exhibit 1 - Corrected Signature Page)(Sinclair, Winfield) (Entered: 05/23/2018)

1 Exhibit 1 - Corrected Signature Page

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May 23, 2018 PACER
4

Summons Issued as to United States Department of Commerce, U.S. Attorney and U.S. Attorney General del to plaitniff (KAM, ) (Entered: 05/24/2018)

May 24, 2018 PACER
5

SUMMONS Returned Executed by State of Alabama and Morris J Brooks, Jr. Wilbur L Ross served on 6/4/2018. (JLC) Modified on 6/15/2018 (SAC ). (Entered: 06/15/2018)

June 15, 2018 PACER
6

MOTION to Intervene by Diana Martinez, Raisa Sequeira, Saulo Corona, Irving Medina, Joey Cardenas, Florinda P. Chavez, Chicanos Por La Causa. (Attachments: # 1 Affidavit re notice to parties, # 2 Exhibit Memo in Support, # 3 Exhibit Proposed Answer, # 4 Text of Proposed Order Proposed Order)(Still, W) (Entered: 07/12/2018)

1 Affidavit re notice to parties

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2 Exhibit Memo in Support

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3 Exhibit Proposed Answer

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4 Text of Proposed Order Proposed Order

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July 12, 2018 PACER
7

ORDER this matter is before the court on the Motion for Leave to Intervene 6, The parties SHALL brief the issues raised by the Motion in accordance with Exhibit B, attached hereto and made a part of this order as if fully set out herein. Signed by Judge R David Proctor on 7/12/20158. (KAM) (Entered: 07/12/2018)

July 12, 2018 PACER
8

NOTICE of Appearance by Brad P. Rosenberg on behalf of All Defendants (Rosenberg, Brad) (Entered: 07/17/2018)

July 17, 2018 PACER
9

MOTION to Intervene by City of San Jose and King County. (Attachments: # 1 Exhibit A: Proposed Answer, # 2 Exhibit B: Declaration of Dorian Spence, # 3 Exhibit C: Declaration of Danielle Goldstein, # 4 Exhibit D: Declaration of Miguel Marquez, # 5 Exhibit E: Declaration of Dwight Dively, # 6 Exhibit F: Declaration of David Sykes, # 7 Exhibit G: Proposed Order)(Mujumdar, Anil) (Entered: 07/17/2018)

1 Exhibit A: Proposed Answer

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2 Exhibit B: Declaration of Dorian Spence

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3 Exhibit C: Declaration of Danielle Goldstein

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4 Exhibit D: Declaration of Miguel Marquez

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5 Exhibit E: Declaration of Dwight Dively

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6 Exhibit F: Declaration of David Sykes

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7 Exhibit G: Proposed Order

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July 17, 2018 RECAP
10

MOTION for Limited Admission by Joey Cardenas, Florinda P. Chavez, Chicanos Por La Causa, Saulo Corona, Diana Martinez, Irving Medina, Raisa Sequeira. (Attachments: # 1 Exhibit Blacksher declaration, # 2 Exhibit Still declaration, # 3 Exhibit Gomez declaration, # 4 Exhibit Hulett declaration, # 5 Exhibit Saenz declaration, # 6 Exhibit Senteno declaration, # 7 Text of Proposed Order Proposed order)(Still, W) (Entered: 07/17/2018)

1 Exhibit Blacksher declaration

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2 Exhibit Still declaration

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3 Exhibit Gomez declaration

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4 Exhibit Hulett declaration

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5 Exhibit Saenz declaration

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6 Exhibit Senteno declaration

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7 Text of Proposed Order Proposed order

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July 17, 2018 PACER
11

TEXT ORDER This case is before the court on the Opposed Motion to Intervene 9 filed by County of Santa Clara, California, King County, Washington, and the City of San Jose, California. Interested parties are REMINDED to brief the Motion 9 in accordance with the deadlines set in Exhibit B 7 . Signed by Judge R David Proctor on 7/18/2018. (KAM) (Entered: 07/18/2018)

July 18, 2018 PACER
12

CERTIFICATE of Counsel re 6 MOTION to Intervene by James Uriah Blacksher on behalf of Joey Cardenas, Florinda P. Chavez, Chicanos Por La Causa, Saulo Corona, Diana Martinez, Irving Medina, Raisa Sequeira (Blacksher, James) (Entered: 07/19/2018)

July 19, 2018 PACER
13

MOTION for Extension of Time to Respond to Complaint (Unopposed) by Bureau of the Census, Ron S Jarmin, Wilbur L Ross, United States Department of Commerce. (Attachments: # 1 Text of Proposed Order)(Rosenberg, Brad) (Entered: 07/19/2018)

1 Text of Proposed Order

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July 19, 2018 RECAP
14

TEXT ORDER-This case is before the court on Defendants' Unopposed Motion for Extension of Time to Respond to Complaint. 13 For good cause shown, and in light of Plaintiffs' consent to the extension, Defendants' Motion 13 is GRANTED. Defendants SHALL answer or otherwise respond to Plaintiffs' Complaint on or before September 13, 2018 Signed by Judge R David Proctor on 7/19/2018. (KAM) (Entered: 07/19/2018)

July 19, 2018 PACER
15

RESPONSE to Motion re 6 MOTION to Intervene, 9 MOTION to Intervene filed by Bureau of the Census, Ron S Jarmin, Wilbur L Ross, United States Department of Commerce. (Rosenberg, Brad) (Entered: 07/20/2018)

July 20, 2018 PACER
16

Opposition to re 6, 9 Motions to Intervene filed by Alabama, State of. (Sinclair, Winfield) (Entered: 07/20/2018)

July 20, 2018 PACER

PHV Fee paid: $ 50, receipt number 1126-3137529. (Spence, Dorian)

July 23, 2018 PACER

PHV Fee paid: $200, receipt number B4601090751 (KAM)

July 23, 2018 PACER

PHV Fee paid: $ 50, receipt number 1126-3139281. (Frimann, Nora)

July 25, 2018 PACER
17

REPLY to Response to Motion re 9 MOTION to Intervene filed by City of San Jose and King County. (Mujumdar, Anil) (Entered: 07/25/2018)

July 25, 2018 PACER
18

REPLY Brief filed by Intervenor Defendants Joey Cardenas, Florinda P. Chavez, Chicanos Por La Causa, Saulo Corona, Diana Martinez, Irving Medina, Raisa Sequeira re: 16 Opposition (other) filed by Joey Cardenas, Florinda P. Chavez, Chicanos Por La Causa, Saulo Corona, Diana Martinez, Irving Medina, Raisa Sequeira. (Still, W) (Entered: 07/25/2018)

July 25, 2018 PACER

PHV Fee paid: $ 50, receipt number 1126-3140087 (ALND B4601090822). (Doyle, J) Modified on 7/26/2018 (KEK).

July 26, 2018 PACER

PHV Fee paid: $ 50, receipt number 1126-3141865. (Mujumdar, Anil)

July 27, 2018 PACER

PHV Fee paid: $ 50, receipt number 1126-3141873. (Mujumdar, Anil)

July 27, 2018 PACER

PHV Fee paid: $ 50, receipt number 1126-3141906. (Mujumdar, Anil)

July 27, 2018 PACER

PHV Fee paid: $ 50, receipt number 1126-3141911. (Mujumdar, Anil)

July 27, 2018 PACER

PHV Fee paid: $ 50, receipt number 1126-3141915. (Mujumdar, Anil)

July 27, 2018 PACER

PHV Fee paid: $ 50, receipt number 1126-3141924. (Mujumdar, Anil)

July 27, 2018 PACER

PHV Fee paid: $ 50, receipt number 1126-3141919. (Mujumdar, Anil)

July 27, 2018 PACER
19

NOTICE of Appearance by Robert D Segall on behalf of Santa Clara, California, County of (Segall, Robert) (Entered: 07/27/2018)

July 27, 2018 PACER

PHV Fee paid: $ 50, receipt number 1126-3141922. (Mujumdar, Anil)

July 27, 2018 PACER
20

MOTION for Leave to Appear Pro Hac Vice by King County, Washington, San Jose' California, City of. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Affidavit A. Mujumdar Declaration, # 3 Affidavit J. Hamid, # 4 Affidavit R. Kusmin Declaration, # 5 Affidavit L. Dolecki, # 6 Affidavit M. Yang Declaration, # 7 Affidavit E. Rosenberg Declaration, # 8 Affidavit D. Spence Declaration, # 9 Affidavit J. R. Doyle Declaration, # 10 Affidavit N. Frimann Declaration, # 11 Affidavit J. Guzman, # 12 Affidavit R. Thurston Declaration, # 13 Affidavit J. Lewis)(Mujumdar, Anil) (Entered: 07/27/2018)

1 Text of Proposed Order Proposed Order

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2 Affidavit A. Mujumdar Declaration

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3 Affidavit J. Hamid

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4 Affidavit R. Kusmin Declaration

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5 Affidavit L. Dolecki

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6 Affidavit M. Yang Declaration

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7 Affidavit E. Rosenberg Declaration

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8 Affidavit D. Spence Declaration

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9 Affidavit J. R. Doyle Declaration

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10 Affidavit N. Frimann Declaration

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11 Affidavit J. Guzman

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12 Affidavit R. Thurston Declaration

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13 Affidavit J. Lewis

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July 27, 2018 PACER
21

MOTION for Limited Admission Pro Hac Vice by Santa Clara, California, County of. (Attachments: # 1 Affidavit Declaration of Robert D. Segall, # 2 Exhibit Declaration of Danielle Goldstein, # 3 Exhibit Declaration of Greta Hansen, # 4 Exhibit Declaration of James Williams, # 5 Exhibit Declaration of Jonathan Weissglass, # 6 Exhibit Declaration of Laura Trice, # 7 Exhibit Declaration of Marcelo Quinones)(Segall, Robert) (Entered: 07/27/2018)

1 Affidavit Declaration of Robert D. Segall

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2 Exhibit Declaration of Danielle Goldstein

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3 Exhibit Declaration of Greta Hansen

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4 Exhibit Declaration of James Williams

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5 Exhibit Declaration of Jonathan Weissglass

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6 Exhibit Declaration of Laura Trice

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7 Exhibit Declaration of Marcelo Quinones

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July 27, 2018 RECAP

PHV Fee paid: $ 50, receipt number 1126-3142274. (Segall, Robert)

July 30, 2018 PACER

PHV Fee paid: $ 50, receipt number 1126-3142280. (Segall, Robert)

July 30, 2018 PACER

PHV Fee paid: $ 50, receipt number 1126-3142299. (Segall, Robert)

July 30, 2018 PACER

PHV Fee paid: $ 50, receipt number 1126-3142334. (Segall, Robert)

July 30, 2018 PACER

PHV Fee paid: $ 50, receipt number 1126-3142302. (Segall, Robert)

July 30, 2018 PACER
22

TEXT ORDER-This matter is before the court on the Motion for Admission of Attorneys Pro Hac Vice filed on behalf of attorneys Thomas A. Saenz, Denise M. Hulett, Andrea Senteno, and Julia A. Gomez. 10 The Motion 10 is GRANTED. Signed by Judge R David Proctor on /30/2018. (KAM) (Entered: 07/30/2018)

July 30, 2018 PACER

PHV Fee paid: $ 50, receipt number 1126-3142304. (Segall, Robert)

July 30, 2018 PACER
23

TEXT ORDER-This matter is before the court on the Motion for Admission of Attorneys Pro Hac Vice filed on behalf of attorneys Jyotin Hamid, Ryan M. Kusmin, Lauren M. Dolecki, Ming Ming Yang, Ezra D. Rosenberg, Dorian L. Spence, Richard Doyle, Nora Frimann, Javier M. Guzman, Robin F. Thurston, and John T, Lewis. 20 The Motion 20 is GRANTED. Signed by Judge R David Proctor on 7/30/2018. (KAM) (Entered: 07/30/2018)

July 30, 2018 PACER
24

TEXT ORDER This matter is before the court on the Motion for Admission of Attorneys Pro Hac Vice filed on behalf of attorneys James R. Williams, Greta S. Hansen, Danielle L. Goldstein, Marcelo Quinones, Laura S. Trice, and Jonathan Weisglass. 21 The Motion 21 is GRANTED.Signed by Judge R David Proctor on 7/30/2018. (KAM) (Entered: 07/30/2018)

July 30, 2018 PACER
25

NOTICE of Appearance by Jonathan Weissglass on behalf of Santa Clara, California, County of (Weissglass, Jonathan) (Entered: 07/31/2018)

July 31, 2018 PACER
26

NOTICE of Appearance by Denise Marie Hulett on behalf of Diana Martinez (Hulett, Denise) (Entered: 07/31/2018)

July 31, 2018 PACER
27

NOTICE by Santa Clara, California, County of Submission of New Decision in Support of Applicants' Opposed Motion to Intervene (Segall, Robert) (Entered: 07/31/2018)

July 31, 2018 PACER
28

NOTICE of Appearance by Robert D Segall on behalf of Santa Clara, California, County of (Segall, Robert) (Entered: 07/31/2018)

July 31, 2018 PACER
29

NOTICE of Appearance by Danielle Luce Goldstein on behalf of Santa Clara, California, County of (Goldstein, Danielle) (Entered: 08/01/2018)

Aug. 1, 2018 PACER
30

NOTICE of Appearance by Marcelo Quinones on behalf of Santa Clara, California, County of (Quinones, Marcelo) (Entered: 08/01/2018)

Aug. 1, 2018 PACER
31

TEXT ORDER This case is before the court on the pending Motions to Intervene 6 9 . The court intends to set these motions for oral argument, but will not do so until after the federal Defendants file their response to the Complaint. The response from the federal Defendants is currently due on September 13, 2018. Signed by Judge R David Proctor on 8/3/2018. (KAM) (Entered: 08/03/2018)

Aug. 3, 2018 PACER
32

NOTICE of Appearance by Julia A. Gomez on behalf of Joey Cardenas, Florinda P. Chavez, Chicanos Por La Causa, Saulo Corona, Diana Martinez, Irving Medina, Raisa Sequeira (Gomez, Julia) (Entered: 08/03/2018)

Aug. 3, 2018 PACER
33

NOTICE of Appearance by Ming Ming Yang on behalf of San Jose' California, City of (Yang, Ming Ming) (Entered: 08/07/2018)

Aug. 7, 2018 PACER
34

NOTICE of Appearance by Lauren M Dolecki on behalf of San Jose' California, City of (Dolecki, Lauren) (Entered: 08/07/2018)

Aug. 7, 2018 PACER
35

NOTICE of Appearance by Ryan M Kusmin on behalf of San Jose' California, City of (Kusmin, Ryan) (Entered: 08/07/2018)

Aug. 7, 2018 PACER
36

NOTICE of Appearance by Jyotin Hamid on behalf of San Jose' California, City of (Hamid, Jyotin) (Entered: 08/07/2018)

Aug. 7, 2018 PACER
37

NOTICE of Appearance by Andrea E. Senteno on behalf of Joey Cardenas, Florinda P. Chavez, Chicanos Por La Causa, Saulo Corona, Diana Martinez, Irving Medina, Raisa Sequeira (Senteno, Andrea) (Entered: 08/08/2018)

Aug. 8, 2018 PACER
38

MOTION to Withdraw as Attorney by Alabama, State of. (Palmer, Eric) (Entered: 08/10/2018)

Aug. 10, 2018 PACER
39

TEXT ORDER-This case is before the court on the Motion to Withdraw 38 filed by attorney Eric Palmer. The motion to withdraw 38 is GRANTED. The Clerk of the Court is directed to terminate attorney Palmer.Signed by Judge R David Proctor on 8/15/2018. (KAM) (Entered: 08/15/2018)

Aug. 15, 2018 PACER
40

Second MOTION for Extension of Time to Respond to Complaint (Unopposed) by Bureau of the Census, Ron S Jarmin, Wilbur L Ross, United States Department of Commerce. (Attachments: # 1 Text of Proposed Order)(Rosenberg, Brad) (Entered: 09/12/2018)

1 Text of Proposed Order

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Sept. 12, 2018 RECAP
41

TEXT ORDER-This case is before the court on Defendants' Second Unopposed Motion for an Extension of Time to Respond to the Complaint. 40 . For good cause shown, the Motion 40 is GRANTED. Defendants SHALL file a response to the Complaint on or before November 13, 2018. Signed by Judge R David Proctor on 9/12/208. (KAM) (Entered: 09/12/2018)

Sept. 12, 2018 PACER
42

TEXT ORDER; "This case is before the court on two pending Motions to Intervene. [6, 9]. This matter is SET for a hearing on Monday, November 19, 2018 at 11:30 a.m. in Courtroom 7A of the Hugo L. Black United States Courthouse, 1729 5th Avenue North, Birmingham, Alabama 35203. Additionally, on or before November 13, 2018, the parties SHALL file a joint report addressing other relevant pending litigation and the status of those actions." Signed by Judge R David Proctor on 11/1/2018. (JLC) (Entered: 11/01/2018)

Nov. 1, 2018 PACER
43

MOTION to Continue (State by Alabama, State of. (Sinclair, Winfield) (Entered: 11/02/2018)

Nov. 2, 2018 PACER
44

TEXT ORDER This case is before the court on the State of Alabama's Unopposed Motion to Continue Intervention Hearing. 43 . For good cause shown, the Motion 43 is GRANTED. The hearing originally scheduled for November 19, 2018 is RESCHEDULED for Tuesday, December 4, 2018 at 3:30 p.m. in Courtroom 7A of the Hugo L. Black United States Courthouse, 1729 5th Avenue North, Birmingham, Alabama 35203. Accordingly, on November 27, 2018, the parties SHALL file a joint report addressing other relevant pending litigation and the status of those actions. Signed by Judge R David Proctor on 11/5/2018. (KAM) (Entered: 11/05/2018)

Nov. 5, 2018 PACER
45

MOTION to Dismiss for Lack of Jurisdiction by Bureau of the Census, Ron S Jarmin, Wilbur L Ross, United States Department of Commerce. (Attachments: # 1 Exhibit Memorandum of Law in Support of Motion to Dismiss, # 2 Text of Proposed Order)(Rosenberg, Brad) (Entered: 11/13/2018)

1 Exhibit Memorandum of Law in Support of Motion to Dismiss

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2 Text of Proposed Order

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Nov. 13, 2018 PACER
46

NOTICE of Appearance by Thomas A Saenz on behalf of Joey Cardenas, Florinda P. Chavez, Chicanos Por La Causa, Saulo Corona, Diana Martinez, Irving Medina, Raisa Sequeira (Saenz, Thomas) (Entered: 11/16/2018)

Nov. 16, 2018 PACER
47

MOTION for Extension of Time to File Response/Reply as to 45 MOTION to Dismiss for Lack of Jurisdiction by Alabama, State of. (Sinclair, Winfield) (Entered: 11/20/2018)

Nov. 20, 2018 PACER
48

TEXT ORDER This matter is before the court on the State's Motion for Additional Time. 47 The Motion requests an extension of time for (1) Plaintiffs to respond to the pending Motion to Dismiss 45, and (2) Defendants to file a reply. The Motion 47 is GRANTED. Plaintiffs SHALL respond to the Motion to Dismiss 45 on or before January 25, 2019. Defendants may reply on or before February 25, 2019. Signed by Judge R David Proctor on 11/21/2018. (KAM) (Entered: 11/21/2018)

Nov. 21, 2018 PACER
49

TEXT ORDER-The upcoming hearing on the pending Motions to Intervene [6,9], currently scheduled for December 4, 2018, is CONTINUED generally and will be reset at a later date. Signed by Judge R David Proctor on 11/27/2018. (KAM) (Entered: 11/27/2018)

Nov. 27, 2018 PACER
50

STATUS REPORT re: Other Pending Litigation and the Status of Those Actions by Bureau of the Census, Ron S Jarmin, Wilbur L Ross, United States Department of Commerce. filed by Bureau of the Census, Ron S Jarmin, Wilbur L Ross, United States Department of Commerce (Rosenberg, Brad) (Entered: 11/27/2018)

Nov. 27, 2018 RECAP
51

MOTION for Limited Admission of Nina Perales by Joey Cardenas, Florinda P. Chavez, Chicanos Por La Causa, Saulo Corona, Diana Martinez, Irving Medina, Raisa Sequeira. (Attachments: # 1 Exhibit A - Blacksher decl, # 2 Exhibit B - Still decl, # 3 Exhibit C - Perales decl, # 4 Exhibit D - Cert of good standing, # 5 Text of Proposed Order)(Still, W) (Entered: 11/28/2018)

1 Exhibit A - Blacksher decl

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2 Exhibit B - Still decl

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3 Exhibit C - Perales decl

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4 Exhibit D - Cert of good standing

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5 Text of Proposed Order

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Nov. 28, 2018 PACER
52

TEXT ORDER This case is before the court on Attorney Nina Perales' Motion for Limited Admission. 51 . The Motion 51 is CONDITIONALLY GRANTED. On or before December 3, 2018, Attorney Perales must pay the PHV fee. Failure to do so will result in a vacatur of the conditional grant of the Motion. Signed by Judge R David Proctor on 11/28/2018. (KAM) (Entered: 11/28/2018)

Nov. 28, 2018 PACER

PHV Fee paid: $ 50, receipt number 1126-3227160. (Senteno, Andrea)

Nov. 29, 2018 PACER
53

MEMORANDUM OPINION. Signed by Judge R David Proctor on 12/13/2018. (KAM) (Entered: 12/13/2018)

Dec. 13, 2018 RECAP
54

ORDER for the reasons explained in the accompanying Memorandum Opinion, granting 6 Motion to Intervene; granting 9 Motion to Intervene. Signed by Judge R David Proctor on 12/13/2018. (KAM) (Entered: 12/13/2018)

Dec. 13, 2018 PACER
55

ORDER On or before January 4, 2019, Defendants, the Martinez Intervenors, and the Local Government Intervenors SHALL each file an additional brief, not to exceed 10 pages, addressing the following issues: Whether Plaintiffs claimed representational injury is likely to be redressed by the requested relief in light of Franklin v. Massachusetts, 505 U.S. 788, 801-804, 824-29 (1992) AND Whether Plaintiffs have Article III standing based on their claimed financial injury; Plaintiffs SHALL respond to the supplemental briefs on or before January 25, 2019, and Defendants and the Intervenors MAY reply on or before February 1, 2019. Signed by Judge R David Proctor on 12/13/2018. (KAM) (Entered: 12/13/2018)

Dec. 13, 2018 PACER
56

MOTION to Stay re 55 Order,, re Obligation to File Supplemental Brief Due to Lapse in Appropriations by Bureau of the Census, Ron S Jarmin, Wilbur L Ross, United States Department of Commerce. (Rosenberg, Brad) (Entered: 12/26/2018)

Dec. 26, 2018 PACER
57

TEXT ORDER This case is before the court on Defendants' Motion for a Stay of Obligation to File Supplemental Brief. 56 . The Motion 56 is GRANTED. Accordingly, the court STAYS Defendants' obligation to file a supplemental brief until counsel is permitted to resume their usual civil litigation functions. An updated briefing schedule will be set by later order. Signed by Judge R David Proctor on 12/27/2018. (KAM) (Entered: 12/27/2018)

Dec. 27, 2018 PACER
58

TEXT ORDER-This case is before the court on an informal request for clarification of the court's prior order staying the Defendants' obligation to file supplemental briefing. 57 . The Defendant Intervenors SHALL adhere to the current briefing deadline and file their supplemental briefs by January 4, 2019. Signed by Judge R David Proctor on 1/2/2019. (KAM) (Entered: 01/02/2019)

Jan. 2, 2019 PACER
59

Brief re 58 Order, Local Government Intervenors' Supplemental Memorandum. (Mujumdar, Anil) (Entered: 01/04/2019)

Jan. 4, 2019 PACER
60

Brief re 55 Order, Martinez Intervenors' Supplemental Memorandum. (Senteno, Andrea) (Entered: 01/04/2019)

Jan. 4, 2019 RECAP
61

CERTIFICATE OF SERVICE by Joey Cardenas, Florinda P. Chavez, Chicanos Por La Causa, Saulo Corona, Diana Martinez, Irving Medina, Raisa Sequeira re 60 Martinez Defendant-Intervenors' Supplemental Memorandum (Senteno, Andrea) (Entered: 01/05/2019)

Jan. 5, 2019 PACER
62

CERTIFICATE OF SERVICE by San Jose' California, City of re 59 Brief (Mujumdar, Anil) (Entered: 01/08/2019)

Jan. 8, 2019 PACER
63

NOTICE of Appearance by Anil A Mujumdar on behalf of King County, Washington, San Jose' California, City of (Mujumdar, Anil) (Entered: 01/22/2019)

Jan. 22, 2019 PACER
64

NOTICE of Appearance by Ezra Rosenberg on behalf of San Jose' California, City of (Rosenberg, Ezra) Modified on 1/24/2019 (KAM, ). (Entered: 01/23/2019)

Jan. 23, 2019 PACER
65

RESPONSE to re 55 (Opponent's Responsive Submission in Response to Exhibit B of the Court's Order Submitted in Response to Defendants' Motion to Dismiss and Martinez Defendant-Intervenors' Supplemental Memorandum filed by Alabama, State of. (Sinclair, Winfield) (Entered: 01/25/2019)

Jan. 25, 2019 PACER
66

NOTICE of Appearance by Dorian Lawrence Spence on behalf of King County, Washington, San Jose' California, City of (Spence, Dorian) (Entered: 01/29/2019)

Jan. 29, 2019 PACER
67

NOTICE by Bureau of the Census, Ron S Jarmin, Wilbur L Ross, United States Department of Commerce of Restoration of Appropriations (Rosenberg, Brad) (Entered: 01/29/2019)

Jan. 29, 2019 PACER
68

TEXT ORDER This case is before the court on Defendants' Notice requesting the court for the opportunity to meet and confer with Plaintiffs' and Intervenor-Defendants to discuss an updated proposed briefing schedule. 67 . Accordingly, on or before February 1, 2019, the parties SHALL file a joint report proposing an updated briefing schedule that takes into account the duration of the lapse in appropriations. Signed by Judge R David Proctor on 1/30/2019. (KAM) (Entered: 01/30/2019)

Jan. 30, 2019 PACER
69

STATUS REPORT Regarding Proposed Further Briefing Schedule by Bureau of the Census, Ron S Jarmin, Wilbur L Ross, United States Department of Commerce. filed by Bureau of the Census, Ron S Jarmin, Wilbur L Ross, United States Department of Commerce (Attachments: # 1 Text of Proposed Order)(Rosenberg, Brad) (Entered: 02/01/2019)

1 Text of Proposed Order

View on PACER

Feb. 1, 2019 RECAP
70

REPLY to re 55 (Martinez Defendant-Intervenors' Reply in Support of Supplemental Memorandum) filed by Joey Cardenas, Florinda P. Chavez, Chicanos Por La Causa, Saulo Corona, Diana Martinez, Irving Medina, Raisa Sequeira. (Gomez, Julia) (Entered: 02/01/2019)

Feb. 1, 2019 PACER
71

ORDER This case is before the court on the parties Status Report Regarding Proposed Further Briefing Schedule 69 ; The Martinez Intervenor-Defendants MAY file a reply supplemental brief by its current due date of February 1, 2019; Defendants SHALL file a consolidated reply in support of their Motion to Dismiss by its current due date of February 25, 2019. Signed by Judge R David Proctor on 2/1/2019. (KAM) (Entered: 02/04/2019)

Feb. 4, 2019 PACER
72

NOTICE of Appearance by Edmund Gerard LaCour on behalf of Alabama, State of (LaCour, Edmund) (Entered: 02/06/2019)

Feb. 6, 2019 PACER
73

First MOTION for Leave to Appear pro hac vice for amicus by Immigration Reform Law Institute. (Attachments: # 1 Exhibit certificates of good standing (2), # 2 Text of Proposed Order proposed order granting phv appearance)(Williams, Stephen) (Entered: 02/14/2019)

1 Exhibit certificates of good standing (2)

View on PACER

2 Text of Proposed Order proposed order granting phv appearance

View on PACER

Feb. 14, 2019 PACER
74

TEXT ORDER-This case is before the court on the Motion for Leave to Appear Pro Hac Vice filed on behalf of Attorneys Christopher J. Hajec and Michael M. Hethmon. 73 . The Motion 73 is CONDITIONALLY GRANTED. On or before February 20, 2019 Attorneys Hajec and Hethmon must pay the PHV fee. Failure to do so will result in a vacatur of the conditional grant of the Motion. Signed by Judge R David Proctor on 2/15/2019. (KEK) (Entered: 02/15/2019)

Feb. 15, 2019 PACER

PHV Fee paid: $ 50, receipt number 1126-3281476. (Hajec, Christopher)

Feb. 19, 2019 PACER

PHV Fee paid: $ 50, receipt number 1126-3281777. (Hethmon, Michael)

Feb. 19, 2019 PACER
75

First MOTION for Leave to File amicus brief by Immigration Reform Law Institute. (Attachments: # 1 Supplement brief)(Williams, Stephen) (Entered: 02/19/2019)

1 Supplement brief

View on PACER

Feb. 19, 2019 PACER
76

TEXT ORDER-This case is before the court on the Immigration Reform Law Institute's Unopposed Motion for Leave to File Amicus Brief in Support of Plaintiffs. 75 . The Motion 75 is GRANTED. On or before February 22, 2019, the IRLI SHALL file its brief on the court docket. Signed by Judge R David Proctor on 2/21/2019. (KAM) (Entered: 02/21/2019)

Feb. 21, 2019 PACER
77

Brief by Amicus, Immigration Reform Law Institute, in support of Plaintiffs and opposing Motion to Dismiss. (Williams, Stephen) (Entered: 02/22/2019)

Feb. 22, 2019 RECAP
78

REPLY to Response to Motion re 45 MOTION to Dismiss for Lack of Jurisdiction filed by Bureau of the Census, Ron S Jarmin, Wilbur L Ross, United States Department of Commerce. (Rosenberg, Brad) (Entered: 02/25/2019)

Feb. 25, 2019 PACER
79

NOTICE of Change of Address by Jonathan Weissglass (Weissglass, Jonathan) (Entered: 04/08/2019)

April 8, 2019 PACER

State / Territory: Alabama

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: May 21, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The State of Alabama and one of its representatives in Congress.

Plaintiff Type(s):

State Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Census Bureau, Federal

Chicanos Por La Causa, Non-profit or advocacy

15 States, State

6 Counties, County

9 Cities, City

District of Columbia, State

United States Conference of Mayors, Private Entity/Person

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination-basis:

Immigration status