Case: State of California v. Trump

4:19-cv-00872 | U.S. District Court for the Northern District of California

Filed Date: Feb. 18, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

In 2018, President Donald Trump asked Congress to appropriate $5.7 billion for construction of a wall on the U.S.-Mexico border. On February 14, 2019, Congress denied that request and instead appropriated only $1.375 billion. Although President Trump signed this appropriations bill, he simultaneously declared a national emergency under the National Emergencies Act, and directed the Departments of Defense, Homeland Security, and the Treasury to reallocate military and other funds in order to b…

In 2018, President Donald Trump asked Congress to appropriate $5.7 billion for construction of a wall on the U.S.-Mexico border. On February 14, 2019, Congress denied that request and instead appropriated only $1.375 billion. Although President Trump signed this appropriations bill, he simultaneously declared a national emergency under the National Emergencies Act, and directed the Departments of Defense, Homeland Security, and the Treasury to reallocate military and other funds in order to build the border wall.

Five days later, the Sierra Club and the Southern Border Communities Coalition responded by filing this lawsuit in the U.S. District Court for the Northern District of California, seeking to prevent construction of the wall. They sued the president, the Department of Defense, the Department of Homeland Security, and the Department of the Treasury under the National Environmental Policy Act (42 U.S.C. §4332), the Administrative Procedure Act (5 U.S.C. §§701–706), the All Writs Act (28 U.S.C. §1651), and the Declaratory Judgments Act (28 U.S.C. §2201), seeking declaratory and injunctive relief.

The plaintiffs, represented by the ACLU, ACLU of Northern California, and ACLU of Texas, argued that the president’s attempt to fund the wall using the National Emergencies Act was a constitutional violation. The Constitution grants Congress exclusive authority to control appropriations. Although Congress has given the president some authority under the National Emergencies Act, the plaintiffs argued that the Act was never intended to allow the president to circumvent explicit appropriations decisions of Congress. His actions were therefore a violation of the constitutional principle of separation of powers.

Statutorily, the plaintiffs argued that funding the wall was an inappropriate use of the National Emergencies Act because (a) there was no national emergency, (b) the border wall was not a military construction project, as required by the Act, and (c) the border wall was not “necessary to support…the armed forces.”

Finally, they alleged that the president and the defendant departments were in violation of the National Environmental Policy Act, because they had failed to review the environmental impacts of the border wall construction project.

The case was assigned to Judge Haywood S. Gilliam, Jr., who ordered it related to Sierra Club v. Trump on March 6, 2019.

The plaintiffs filed an amended complaint on March 18, 2019. On April 4, they moved for a preliminary injunction, seeking to prevent construction along certain stretches of the border (Yuma Sector Projects 1 and 2, and El Paso Sector Project 1). The United States House of Representatives filed an amicus brief in support of the plaintiffs, and was permitted to present arguments at the Preliminary Injunction Hearing held on May 17, 2019. On May 24, 2019, the court granted a preliminary injunction prohibiting the Departments of Defense, Homeland Security, and the Treasury from taking any action to build the wall using certain reallocated military funds. The injunction applied only to two of the three sectors requested by the plaintiffs (Yuma Sector Project 1 and El Paso Sector Project 1). 379 F. Supp. 3d 883.

On May 29, 2019, the government appealed the preliminary injunction to the Ninth Circuit, and moved for the district court to stay the injunction pending appeal (a motion that the district court denied the following day). Also on May 29, the plaintiffs moved for a supplemental preliminary injunction, seeking to prevent construction along four additional stretches of the border (El Centro Project 1 and Tucson Sector Projects 1, 2, and 3).

In June 2019, both parties moved for partial summary judgment. On June 28, the court denied the government’s motion for summary judgment, and partially granted the plaintiffs’. It declared that the government’s use of certain military funds to build the wall in the disputed sectors was unlawful, and issued a permanent injunction prohibiting the government from using those funds to build in those sectors. The court certified its judgment for immediate appeal, but declined to stay the injunction pending appeal. 2019 WL 2715422. The following week, on July 3, the Ninth Circuit similarly denied the government’s motion for stay. 929 F.3d 670.

Later that month, on July 26, 2019, the Supreme Court of the United States overruled the district court and the Ninth Circuit, granting a stay of the injunction pending completion of the appeal in the Ninth Circuit. 140 S.Ct. 1.

The plaintiffs sought summary judgment on some issues on October 11, 2019. Like the June 28, 2019 ruling, the issues in dispute here regarded the legality of reallocating funds for wall construction; however, this motion dealt with a different source of funds, and covered more segments of the border. The government similarly moved for summary judgment on October 25, 2019. The House of Representatives again filed a brief in support of the plaintiffs, and was again allowed to present argument. A hearing on summary judgment took place on November 20, 2019, after which the court granted partial summary judgment to the plaintiffs on December 11, 2019, denying the government’s motion. Like on June 28, 2019, it ruled that it was unlawful for the government to use certain reallocated funds for construction on the disputed border segments, and issued a permanent injunction. However, unlike in June, the district court immediately stayed its injunction pending appeal, citing the Supreme Court’s July 26 ruling.

On December 30, 2019, the Ninth Circuit denied the plaintiffs’ motion to lift the stay, also citing the Supreme Court’s ruling. It further explained that since the Western District of Texas had issued a nationwide injunction on December 10, which covered the sections of wall at issue in this case, lifting the stay would have no practical effect.

On February 5, 2020, the plaintiffs dismissed their claims regarding border wall funding reallocated from yet another source (the Treasury Forfeiture Fund). In light of this dismissal, the court sought to close the case, since all of the plaintiffs’ claims had been resolved by summary judgment or voluntary dismissal. The parties jointly requested that the case remain open: although the claims regarding fiscal year 2019’s appropriations had been resolved, they expected that similar disputes would arise regarding fiscal year 2020’s budget. The fiscal year 2020 dispute, however, was assigned to another case, Sierra v. Trump, filed by the plaintiffs on February 28, 2020 (docket number 4:20-cv-01494). The two cases were ordered related on March 2, 2020.

On June 26, 2020, the Ninth Circuit upheld the district court’s June 28, 2019 ruling, including the permanent injunction. However, due to the Supreme Court’s July 26, 2019 order, the injunction remains stayed until the government’s appeal to the Supreme Court is either decided or rejected.

Summary Authors

Mackenzie Walz (3/17/2019)

Gregory Marsh (7/10/2020)

Rebecca Fisher (11/18/2020)

Related Cases

Sierra Club v. Trump, Northern District of California (2019)

Sierra Club v. Trump, Northern District of California (2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/14557409/parties/state-of-california-v-biden/


Judge(s)

Gilliam, Haywood Stirling Jr. (California)

Attorneys(s) for Plaintiff

Campion, Jacob (Minnesota)

Cayaban, Michael P. (California)

Chuang, Christine (California)

Colangelo, Matthew B. (District of Columbia)

DeFever, Jeanne Nicole (Oregon)

Donatti, David A. (Texas)

Dunlap, Jeffery Paul (Maryland)

Feigenbaum, Jeremy (New Jersey)

Garcia, Matthew L. (New Mexico)

Judge(s)

Gilliam, Haywood Stirling Jr. (California)

Attorneys(s) for Plaintiff

Campion, Jacob (Minnesota)

Cayaban, Michael P. (California)

Chuang, Christine (California)

Colangelo, Matthew B. (District of Columbia)

DeFever, Jeanne Nicole (Oregon)

Donatti, David A. (Texas)

Dunlap, Jeffery Paul (Maryland)

Feigenbaum, Jeremy (New Jersey)

Garcia, Matthew L. (New Mexico)

Hafetz, Jonathan L (New Jersey)

Herman, Susan P. (Maine)

Jadwat, Omar C. (New York)

Jones, Brittany Marie (Virginia)

Kallen, Michelle S. (Virginia)

Kantor, Henry (Oregon)

Ladin, Dror (New York)

Lee, Mollie M. (California)

Leslie, Heather Colleen (California)

Lyons, David J. (Delaware)

Maestas, Tania (New Mexico)

McCabe, Gavin Geraghty (California)

Meyer, Amanda (New York)

Narayan, Sanjay (California)

Ochoa, Edward Henry (California)

Olson, Eric (Colorado)

Restuccia, B. Eric (Michigan)

Rush, Caleb Andrew (Illinois)

Segura, Andre (Texas)

Shamsi, Hina (New York)

Sherman, Lee Isaac (California)

Smith, Janelle M. (California)

Stern, Heidi Parry (Nevada)

Sun [inactive], Christine Patricia (California)

Talla, Vasudha (California)

Wadsworth, Clyde James (Hawaii)

Zafar, Noor (New York)

Zahradka, James F. II (California)

Attorneys(s) for Defendant

Burnham, James M (District of Columbia)

Grant, Eric (District of Columbia)

Warden, Andrew Irwin (District of Columbia)

Westmoreland, Rachael (District of Columbia)

Other Attorney(s)

Adams, Matthew Gordon (California)

Badat, Mohammed A (New York)

Barbero, Megan (District of Columbia)

Bernstein, Richard D. (District of Columbia)

Boyle, Joseph Andrew (District of Columbia)

Chun, Brian H (California)

Conrad, Mark R. (California)

Daughety, Samuel Franklin (District of Columbia)

Dollan, Matthew R. (New York)

Duggan, Jessica L (California)

Espiritu, Nicholas David (California)

Evans, David W (California)

Garfield, Howard Michael (California)

Goitein, Elizabeth (District of Columbia)

Hartnett, Kathleen R (California)

Hussein, Shaimaa M. (New York)

Joseph, Lawrence J (District of Columbia)

Koh, Harold H. (Connecticut)

Kolodin, Zachary J. F. (New York)

Lafayette, Gary T (California)

Letter, Douglas (District of Columbia)

Mancino, Richard (New York)

Mangi, Adeel Abdullah (New York)

Rees, Joshua Owen (Arizona)

Rodman, Lindsay Lyon (New York)

Schaeffer, Suzanne Rebecca (District of Columbia)

Singh, David Ramraj (California)

Spector, Phillip Michael (Maryland)

Wang, Cecillia D (California)

Winthrop, Douglas Andrew (California)

Wydra, Elizabeth B. (District of Columbia)

Young, Michaele Nicole Turnage (District of Columbia)

Zalesin, Steven Alan (New York)

Expert/Monitor/Master

Sun, Christine Patricia (California)

Documents in the Clearinghouse

Document

4:19-cv-00872

20-cv-01494

4:19-cv-00892

Docket [PACER]

April 29, 2020

April 29, 2020

Docket

20-cv-01494

4:19-cv-00892

Docket [PACER]

Sierra Club v. Trump

June 5, 2020

June 5, 2020

Docket

4:19-cv-00872

20-cv-01494

4:19-cv-00892

0:19-16102

0:19-17501

0:19-16300

0:19-00060

0:20-00138

Docket [PACER]

Sierra Club v. Trump et al

Oct. 26, 2020

Oct. 26, 2020

Docket
1

4:19-cv-00872

Complaint

Feb. 18, 2019

Feb. 18, 2019

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14557409/state-of-california-v-biden/

Last updated Aug. 9, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
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COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF; against All Defendants ( Filing fee $ 400, receipt number 0971-13100729.). Filed byState of New York, State of Minnesota, State of Colorado, State of California, Dana Nessel, State of Illinois, State of Maine, State of Maryland, State of Connecticut, State of New Mexico, State of Oregon, State of New Jersey, State of Delaware, State of Nevada, State of Hawaii, Commonwealth of Virginia. (Attachments: # 1 Civil Cover Sheet)(Sherman, Lee) (Filed on 2/18/2019) Modified on 2/19/2019 (aaaS, COURT STAFF). Modified on 2/19/2019 (aaaS, COURT STAFF). (Entered: 02/18/2019)

1 Civil Cover Sheet

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Feb. 18, 2019

Feb. 18, 2019

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Proposed Summons. (Sherman, Lee) (Filed on 2/18/2019) (Entered: 02/18/2019)

Feb. 18, 2019

Feb. 18, 2019

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Electronic Filing Error

Feb. 18, 2019

Feb. 18, 2019

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Electronic filing error. Corrected by Clerk's Office. No further action is necessary. Re: 1 Complaint, filed by State of Delaware, State of Maine, State of Hawaii, D ana Nessel, State of Minnesota, State of Nevada, State of California, State of New Jersey, State of Connecticut, State of Illinois, State of Oregon, State of Maryland, State of New Mexico, State of New York, State of Colorado Not a Civil Miscellaneous Case (aaaS, COURT STAFF) (Filed on 2/18/2019)

Feb. 18, 2019

Feb. 18, 2019

PACER

Electronic filing error. Corrected by Clerk's Office. No further action is necessary. Re: 1 Complaint, filed by State of Delaware, State of Maine, State of Hawaii, D ana Nessel, State of Minnesota, State of Nevada, State of California, State of New Jersey, State of Connecticut, State of Illinois, State of Oregon, State of Maryland, State of New Mexico, State of New York, State of Colorado Attorney Lee Isaac Sherman does not represent all plaintiffs just the State of California Only. (aaaS, COURT STAFF) (Filed on 2/18/2019)

Feb. 18, 2019

Feb. 18, 2019

PACER
3

Case assigned to Magistrate Judge Elizabeth D. Laporte. 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 3/5/2019. (jmlS, COURT STAFF) (Filed on 2/19/2019) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

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MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13101792.) filed by State of New Mexico. (Attachments: # 1 Certificate of Good Standing)(Maestas, Tania) (Filed on 2/19/2019) Modified on 2/20/2019 (aaaS, COURT STAFF). (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

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Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/14/2019. Initial Case Management Conference set for 5/21/2019 10:00 AM. Signed by Magistrate Judge Elizabeth D. Laporte on 2/19/19. (aaaS, COURT STAFF) (Filed on 2/19/2019) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

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Summons Issued as to Department of Defense, David Bernhardt, Mark T. Esper, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson, U.S. Department of Justice, Civil Process Clerk U.S. Attorney's Office. (aaaS, COURT STAFF) (Filed on 2/19/2019) (Entered: 02/19/2019)

Feb. 19, 2019

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MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13102243.) filed by State of Maine. (Herman, Susan) (Filed on 2/19/2019) Modified on 2/20/2019 (aaaS, COURT STAFF). (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

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ORDER Granting Application for Admission of Attorney Pro Hac Vice signed by Magistrate Judge Elizabeth D. Laporte: granting 4 Application. (shyS, COURT STAFF) (Filed on 2/19/2019) (Entered: 02/19/2019)

Feb. 19, 2019

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MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13102823.) filed by State of Minnesota. (Campion, Jacob) (Filed on 2/19/2019) Modified on 2/20/2019 (aaaS, COURT STAFF). (Entered: 02/19/2019)

Feb. 19, 2019

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NOTICE of Appearance by Gavin Geraghty McCabe (McCabe, Gavin) (Filed on 2/19/2019) (Entered: 02/19/2019)

Feb. 19, 2019

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Application for Refund, Receipt Number 26FGOHCE by Commonwealth of Virginia, Dana Nessel, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon. (Sherman, Lee) (Filed on 2/19/2019) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

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MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13103252.) filed by State of Colorado. (Attachments: # 1 Certificate of Good Standing)(Olson, Eric) (Filed on 2/19/2019) (Entered: 02/19/2019)

1 Certificate of Good Standing

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Feb. 19, 2019

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NOTICE of Appearance by Michael Phillip Cayaban (Cayaban, Michael) (Filed on 2/19/2019) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

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ORDER Granting Application for Admission of Attorney Pro Hac Vice signed by Magistrate Judge Elizabeth D. Laporte: granting 7 Application. (shyS, COURT STAFF) (Filed on 2/19/2019) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

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ORDER Granting Application for Admission of Attorney Pro Hac Vice signed by Magistrate Judge Elizabeth D. Laporte: granting 9 Application. (shyS, COURT STAFF) (Filed on 2/19/2019) (Entered: 02/19/2019)

Feb. 19, 2019

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ORDER Granting Application for Admission of Attorney Pro Hac Vice signed by Magistrate Judge Elizabeth D. Laporte: granting 12 Application. (shyS, COURT STAFF) (Filed on 2/19/2019) (Entered: 02/19/2019)

Feb. 19, 2019

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NOTICE of Appearance by Caleb Andrew Rush (Rush, Caleb) (Filed on 2/19/2019) (Entered: 02/19/2019)

Feb. 19, 2019

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CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by State of California.. (Sherman, Lee) (Filed on 2/20/2019) (Entered: 02/20/2019)

Feb. 20, 2019

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CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (shyS, COURT STAFF) (Filed on 2/20/2019) (Entered: 02/20/2019)

Feb. 20, 2019

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NOTICE of Appearance by Christine Chuang on behalf of Plaintiff State of California (Chuang, Christine) (Filed on 2/20/2019) (Entered: 02/20/2019)

Feb. 20, 2019

Feb. 20, 2019

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ORDER, Case reassigned to Judge Haywood S Gilliam, Jr. Magistrate Judge Elizabeth D. Laporte no longer assigned to the case.. Signed by Executive Committee on 2/20/19. (haS, COURT STAFF) (Filed on 2/20/2019) (Entered: 02/20/2019)

Feb. 20, 2019

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NOTICE of Appearance by Edward Henry Ochoa as Counsel for Plaintiff State of California (Ochoa, Edward) (Filed on 2/20/2019) (Entered: 02/20/2019)

Feb. 20, 2019

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MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13107289.) filed by State of New York. (Attachments: # 1 Exhibit Certificate of Good Standing)(Colangelo, Matthew) (Filed on 2/20/2019) (Entered: 02/20/2019)

Feb. 20, 2019

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MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13110536.) filed by State of New York. (Attachments: # 1 Certificate of Good Standing)(Meyer, Amanda) (Filed on 2/21/2019) (Entered: 02/21/2019)

Feb. 21, 2019

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MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13110771.) filed by State of Delaware. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Lyons, David) (Filed on 2/21/2019) (Entered: 02/21/2019)

Feb. 21, 2019

Feb. 21, 2019

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MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13111002.) filed by State of Nevada. (Attachments: # 1 Certificate of Good Standing)(Stern, Heidi) (Filed on 2/21/2019) (Entered: 02/21/2019)

Feb. 21, 2019

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Refund Status re 11 Application for Refund, APPROVED. (rghS, COURT STAFF) (Filed on 2/21/2019) (Entered: 02/21/2019)

Feb. 21, 2019

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NOTICE of Appearance by James F. Zahradka, II on behalf of Plaintiff State of California (Zahradka, James) (Filed on 2/21/2019) (Entered: 02/21/2019)

Feb. 21, 2019

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MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13113196.) filed by Commonwealth of Virginia. (Attachments: # 1 Good Standing Certificate)(Jones, Brittany) (Filed on 2/22/2019) (Entered: 02/22/2019)

1 Good Standing Certificate

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Feb. 22, 2019

Feb. 22, 2019

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Electronic Filing Error

Feb. 22, 2019

Feb. 22, 2019

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Electronic filing error. REMINDER TO COUNSEL: In the future, please be sure that the case number is correctly reflected on your documents as 4:19-cv-00872- HSG . Re: 28 Notice of Appearance filed by State of California (jjbS, COURT STAFF) (Filed on 2/22/2019) Modified on 2/22/2019 (jjbS, COURT STAFF).

Feb. 22, 2019

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ORDER by Judge Haywood S. Gilliam, Jr. Granting 23 Motion for Pro Hac Vice as to Colangelo, Matthew.(ndrS, COURT STAFF) (Filed on 2/22/2019) (Entered: 02/22/2019)

Feb. 22, 2019

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ORDER by Judge Haywood S. Gilliam, Jr. Granting 24 Motion for Pro Hac Vice as to Meyer, Amanda. (ndrS, COURT STAFF) (Filed on 2/22/2019) (Entered: 02/22/2019)

Feb. 22, 2019

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ORDER by Judge Haywood S. Gilliam, Jr. Granting 25 Motion for Pro Hac Vice as to Lyons, David. (ndrS, COURT STAFF) (Filed on 2/22/2019) (Entered: 02/22/2019)

Feb. 22, 2019

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ORDER by Judge Haywood S. Gilliam, Jr. Granting 26 Motion for Pro Hac Vice as to Stern, Heidi. (ndrS, COURT STAFF) (Filed on 2/22/2019) (Entered: 02/22/2019)

Feb. 22, 2019

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CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for May 21, 2019, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by May 14, 2019. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:19-cv-00872-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 2/22/2019) (Entered: 02/22/2019)

Feb. 22, 2019

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ORDER by Judge Haywood S. Gilliam, Jr. Granting 29 Motion for Pro Hac Vice as to Jones, Brittany.(ndrS, COURT STAFF) (Filed on 2/22/2019) (Entered: 02/22/2019)

Feb. 22, 2019

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NOTICE of Appearance by Janelle M. Smith on behalf of Plaintiff State of California (Smith, Janelle) (Filed on 2/22/2019) (Entered: 02/22/2019)

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RE-FILED AT DOCKET NO. 39 ** MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13120842.) filed by State of Oregon. (DeFever, Jeanne) (Filed on 2/25/2019) Modified on 2/27/2019 (jjbS, COURT STAFF). (Entered: 02/25/2019)

Feb. 25, 2019

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MOTION to Relate Case Pursuant to N.D. Cal. Civ. L.R. 3-12(b) filed by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Declaration of Cecillia D. Wang, # 2 Exhibit A to Declaration of Cecillia D. Wang, # 3 Exhibit B to Declaration of Cecillia D. Wang, # 4 Proposed Order, # 5 Certificate/Proof of Service)(Wang, Cecillia) (Filed on 2/26/2019) (Entered: 02/26/2019)

1 Declaration of Cecillia D. Wang

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2 Exhibit A to Declaration of Cecillia D. Wang

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3 Exhibit B to Declaration of Cecillia D. Wang

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4 Proposed Order

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5 Certificate/Proof of Service

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Feb. 26, 2019

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MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13120842.) Filing fee previously paid on 02/25/2019 filed by State of Oregon. (Attachments: # 1 Certificate of Good Standing)(Kantor, Henry) (Filed on 2/26/2019) (Entered: 02/26/2019)

Feb. 26, 2019

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MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13134628.) filed by State of Maryland. (Attachments: # 1 Certificate of Good Standing)(Dunlap, Jeffrey) (Filed on 3/1/2019) (Entered: 03/01/2019)

March 1, 2019

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NOTICE of Appearance by Heather Colleen Leslie as Counsel for Plaintiffs (Leslie, Heather) (Filed on 3/1/2019) (Entered: 03/01/2019)

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ORDER by Judge Haywood S. Gilliam, Jr. Granting 39 Motion for Pro Hac Vice as to Kantor, Henry. (ndrS, COURT STAFF) (Filed on 3/4/2019) (Entered: 03/04/2019)

March 4, 2019

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ORDER by Judge Haywood S. Gilliam, Jr. Granting 40 Motion for Pro Hac Vice as to Jeffrey Paul Dunlap. (ndrS, COURT STAFF) (Filed on 3/4/2019) (Entered: 03/04/2019)

March 4, 2019

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MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13144599.) filed by Dana Nessel. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Restuccia, B. Eric) (Filed on 3/5/2019) (Entered: 03/05/2019)

March 5, 2019

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ORDER by Judge Haywood S. Gilliam, Jr. Granting 38 Motion to Relate Case Pursuant to N.D. Cal. Civ. L.R. 3-12(b) Re Case No. 19-cv-0892-KAW. (ndrS, COURT STAFF) (Filed on 3/6/2019) (Entered: 03/06/2019)

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46

ORDER by Judge Haywood S. Gilliam, Jr. Granting 44 Motion for Pro Hac Vice as to Restuccia, B. Eric. (ndrS, COURT STAFF) (Filed on 3/6/2019) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

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47

AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants. Filed byState of Minnesota, State of Colorado, State of California, State of Illinois, State of Maryland, State of Nevada, State of New York, Commonwealth of Virginia, Dana Nessel, State of Maine, State of Connecticut, State of New Mexico, State of Oregon, State of New Jersey, State of Delaware, State of Hawaii, State of Wisconsin, Commonwealth of Massachusetts, State of Vermont, State of Rhode Island. (Zahradka, James) (Filed on 3/13/2019) (Entered: 03/13/2019)

March 13, 2019

March 13, 2019

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48

Proposed Summons. (Zahradka, James) (Filed on 3/13/2019) (Entered: 03/13/2019)

March 13, 2019

March 13, 2019

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49

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13170489.) filed by State of Wisconsin. (Johnson-Karp, Gabe) (Filed on 3/14/2019) (Entered: 03/14/2019)

March 14, 2019

March 14, 2019

PACER

Electronic Filing Error

March 14, 2019

March 14, 2019

PACER

Electronic filing error. The 48 Proposed Summons will not be issued as to the same Defendants listed on the summons issued at docket number 6, unless those summons' are returned unexecuted. Also, the Clerk's Office will issue a maximum of 3 summons'. Either list all defendants on three summons' or list any additional defendants as an attachment to the proposed summons. (jjbS, COURT STAFF) (Filed on 3/14/2019)

March 14, 2019

March 14, 2019

PACER
50

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13174333.) filed by State of Rhode Island. (Attachments: # 1 Exhibit Letters of Good Standing)(Sullivan, Justin) (Filed on 3/15/2019) (Entered: 03/15/2019)

March 15, 2019

March 15, 2019

PACER
51

ORDER by Judge Haywood S. Gilliam, Jr. Granting 49 Motion for Pro Hac Vice as to Johnson-Karp, Gabe. (ndrS, COURT STAFF) (Filed on 3/18/2019) (Entered: 03/18/2019)

March 18, 2019

March 18, 2019

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52

ORDER by Judge Haywood S. Gilliam, Jr. Granting 50 Motion for Pro Hac Vice as to Sullivan, Justin. (ndrS, COURT STAFF) (Filed on 3/18/2019) (Entered: 03/18/2019)

March 18, 2019

March 18, 2019

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53

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13182042.) filed by State of Vermont. (Attachments: # 1 Certificate of Good Standing)(Battles, Benjamin) (Filed on 3/19/2019) (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

PACER
54

AFFIDAVIT by State of California. (Zahradka, James) (Filed on 3/28/2019) (Entered: 03/28/2019)

March 28, 2019

March 28, 2019

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55

ORDER by Judge Haywood S. Gilliam, Jr. Granting 53 Motion for Pro Hac Vice as to Battles, Benjamin. (ndrS, COURT STAFF) (Filed on 4/2/2019) (Entered: 04/02/2019)

April 2, 2019

April 2, 2019

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56

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13233071.) filed by Commonwealth of Massachusetts. (Attachments: # 1 Certificate of Good Standing)(Taylor, Abigail) (Filed on 4/4/2019) (Entered: 04/04/2019)

April 4, 2019

April 4, 2019

PACER
57

ADMINISTRATIVE MOTION To enlarge page limits in support of motion for injunctive relief filed by State of California. Responses due by 4/18/2019. (Attachments: # 1 Proposed Order, # 2 Declaration of Lee Sherman, # 3 Notice of Motion & Motion for Preliminary Injunction, # 4 Proposed Order, # 5 Appendix of Declarations re: TFF, # 6 Appendix of Declarations re: Environmental, # 7 Request for Judicial Notice, # 8 Certificate/Proof of Service)(Sherman, Lee) (Filed on 4/4/2019) (Entered: 04/04/2019)

1

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2

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3

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4

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7

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8

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April 4, 2019

April 4, 2019

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58

ORDER by Judge Haywood S. Gilliam, Jr. Granting 57 ADMINISTRATIVE MOTION To enlarge page limits in support of motion for injunctive relief. Plaintiff States shall immediately file a Motion for Preliminary Injunction up to 35 pages in length on the docket. (ndrS, COURT STAFF) (Filed on 4/8/2019) (Entered: 04/08/2019)

April 8, 2019

April 8, 2019

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59

MOTION for Preliminary Injunction filed by Commonwealth of Massachusetts, Commonwealth of Virginia, Dana Nessel, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Wisconsin. Motion Hearing set for 5/9/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 4/18/2019. Replies due by 4/25/2019. (Attachments: # 1 Proposed Order, # 2 Appendix re Environmental Harms, # 3 Appendix re TFF Harms, # 4 Request for Judicial Notice and Exhibits 1-50, # 5 Certificate/Proof of Service)(Sherman, Lee) (Filed on 4/8/2019) (Entered: 04/08/2019)

April 8, 2019

April 8, 2019

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60

MOTION to Shorten Time to Hear Plaintiff States' Motion for Preliminary Injunction filed by State of California. (Attachments: # 1 Proposed Order, # 2 Declaration of Lee I. Sherman, # 3 Certificate/Proof of Service)(Sherman, Lee) (Filed on 4/8/2019) (Entered: 04/08/2019)

1 Proposed Order

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2 Declaration of Lee I. Sherman

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3 Certificate/Proof of Service

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April 8, 2019

April 8, 2019

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61

CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re- file the 59 motion for preliminary injunction. Hearing date of May 9, 2019, is vacated. Response is due April 22nd and reply is due April 29th. Counsel is directed to check the Court's scheduling notes before re-noticing the motion for a new hearing date. May 9th was not the Court's next available hearing date when this motion was e-filed. If the motion to shorten time is granted, the Court will advance the briefing and/or the hearing date. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 4/9/2019) (Entered: 04/09/2019)

April 9, 2019

April 9, 2019

PACER

~Util - Set Motion and Deadlines/Hearings

April 9, 2019

April 9, 2019

PACER

Clerk's Notice

April 9, 2019

April 9, 2019

PACER

Set Motion and Deadlines/Hearings

April 9, 2019

April 9, 2019

PACER
62

ORDER by Judge Haywood S. Gilliam, Jr. Granting 56 Motion for Pro Hac Vice as to Taylor, Abigail. (ndrS, COURT STAFF) (Filed on 4/9/2019) (Entered: 04/09/2019)

April 9, 2019

April 9, 2019

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63

ORDER by Hon Haywood S. Gilliam, Jr. SETTING the following briefing and hearing schedule for Plaintiffs' 59 Motion for Preliminary Injunction: responses are due by April 25, 2019; replies are due by May 2, 2019; a hearing is scheduled for May 17, 2019 at 10:00 a.m. Plaintiffs' 60 Motion to Shorten Time is DENIED AS MOOT in light of this order. Plaintiffs' counsel is directed to serve Defendants with this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 4/9/2019) (Entered: 04/09/2019)

April 9, 2019

April 9, 2019

PACER

Set Deadlines/Hearing as to 59 MOTION for Preliminary Injunction, See Docket No. 63 : Responses due by 4/25/2019; Replies due by 5/2/2019; and Motion Hearing set for 5/17/2019 10:00 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 4/9/2019)

April 9, 2019

April 9, 2019

PACER
64

CERTIFICATE OF SERVICE by State of California re [ECF Doc. 63] (Ochoa, Edward) (Filed on 4/10/2019) Modified on 4/11/2019 (jjbS, COURT STAFF). (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

RECAP

Order on Motion to Shorten Time

April 10, 2019

April 10, 2019

PACER

Set Motion and Deadlines/Hearings

April 10, 2019

April 10, 2019

PACER
65

CERTIFICATE OF SERVICE by State of California re 47 Amended Complaint,, (Zahradka, James) (Filed on 4/10/2019) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

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66

NOTICE of Appearance by Andrew Irwin Warden on behalf of Defendants (Warden, Andrew) (Filed on 4/10/2019) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

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67

STIPULATION WITH PROPOSED ORDER For Order Extending Page Limits For Preliminary Injunction Briefs, Staying Defendants' Response to the Amended Complaints, and Staying Initial Case Management Activity filed by Department of Defense, David Bernhardt, Mark T. Esper, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson, and all Plaintiffs. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 4/10/2019) Modified on 4/11/2019 (jjbS, COURT STAFF). (Entered: 04/10/2019)

1 Proposed Order

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April 10, 2019

April 10, 2019

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68

ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 67 in case 4:19-cv-00872-HSG and 42 in case 4:19-cv-00892-HSG) Stipulation For Order Extending Page Limits For Preliminary Injunction Briefs, Staying Defendants' Response to the Amended Complaints, and Staying Initial Case Management Activity. (ndrS, COURT STAFF) (Filed on 4/11/2019) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

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69

First MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13252197.) filed by State of New Jersey. (Attachments: # 1 Appendix Certificate of Good Standing)(Feigenbaum, Jeremy) (Filed on 4/11/2019) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
70

NOTICE of Appearance by Douglas N. Letter (Letter, Douglas) (Filed on 4/12/2019) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER
71

Consent MOTION to File Amicus Curiae Brief filed by United States House of Representatives. Responses due by 4/26/2019. Replies due by 5/3/2019. (Attachments: # 1 Proposed Order, # 2 Exhibit Amicus Brief)(Letter, Douglas) (Filed on 4/12/2019) (Entered: 04/12/2019)

1 Proposed Order

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2 Exhibit Amicus Brief

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April 12, 2019

April 12, 2019

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72

ORDER by Judge Haywood S. Gilliam, Jr. Granting 71 Consent Motion to File Amicus Curiae Brief. Houses counsel is directed to file the amicus curiae brief on the docket in this matter. (ndrS, COURT STAFF) (Filed on 4/15/2019) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

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73

Brief of Amicus Curiae filed byUnited States House of Representatives. (Letter, Douglas) (Filed on 4/15/2019) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

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74

Joint ADMINISTRATIVE MOTION for Relief from Automatic Referral to the ADR Multi-Option Program re 5 Initial Case Management Scheduling Order with ADR Deadlines, filed by State of California and all Defendants. Responses due by 4/23/2019. (Attachments: # 1 Proposed Order)(Sherman, Lee) (Filed on 4/19/2019) Modified on 4/22/2019 (jjbS, COURT STAFF). (Entered: 04/19/2019)

April 19, 2019

April 19, 2019

PACER

Electronic Filing Error

April 22, 2019

April 22, 2019

PACER

Electronic filing error. NOTICE TO COUNSEL: Document also listed case number 4:19-cv-892-HSG. If it is intended to be applied to the other case number, please e-file in that case also. If the document is not applicable to that case, DO NOT include that case number on the document. [err102] Re: 74 Joint ADMINISTRATIVE MOTION RELIEF FROM AUTOMATIC REFERRAL TO THE ADR MULTI-OPTION PROGRAM re 5 Initial Case Management Scheduling Order with ADR Deadlines, filed by State of California (jjbS, COURT STAFF) (Filed on 4/22/2019)

April 22, 2019

April 22, 2019

PACER
75

ORDER by Judge Haywood S. Gilliam, Jr. Granting 69 Motion for Pro Hac Vice as to Feigenbaum, Jeremy. (ndrS, COURT STAFF) (Filed on 4/22/2019) (Entered: 04/22/2019)

April 22, 2019

April 22, 2019

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76

ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 74 in case 4:19-cv-00872-HSG and 48 in case 4:19-cv-00892-HSG) Joint Administrative Motion for Relief from Automatic Referral to the ADR Multi-Option Program. (ndrS, COURT STAFF) (Filed on 4/22/2019) (Entered: 04/22/2019)

April 22, 2019

April 22, 2019

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77

NOTICE of Appearance by David W. Evans (Evans, David) (Filed on 4/23/2019) Modified on 4/24/2019 (jjbS, COURT STAFF). (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

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78

**RE-FILED AS DOCKET NO. 85 ** Amicus Curiae APPEARANCE entered by David W. Evans on behalf of John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Evans, David) (Filed on 4/23/2019) Modified on 4/26/2019 (jjbS, COURT STAFF). (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER
79

**RE-FILED AS DOCKET NO. 86 ** Amicus Curiae APPEARANCE entered by David W. Evans on behalf of John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Evans, David) (Filed on 4/23/2019) Modified on 4/26/2019 (jjbS, COURT STAFF). (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER
80

**RE-FILED AS DOCKET NO. 88 ** Amicus Curiae APPEARANCE entered by David W. Evans on behalf of John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Evans, David) (Filed on 4/23/2019) Modified on 4/26/2019 (jjbS, COURT STAFF). (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER
81

***DISREGARD, RE-FILED AS DOCKET NO. 84 *** MOTION for Preliminary Injunction Consent Motion For Leave filed by John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. Motion Hearing set for 5/17/2019 10:00 AM before Judge Haywood S Gilliam Jr.. Responses due by 5/7/2019. Replies due by 5/14/2019. (Evans, David) (Filed on 4/23/2019) Modified on 4/24/2019 (jjbS, COURT STAFF). (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER
82

**DISREGARD, RE-FILED AS DOCKET NO. 84 *** EXHIBITS re 81 MOTION for Preliminary Injunction Consent Motion For Leave Amicus Memorandum In Support of Plaintiffs' Motion for Prelimary Injunction filed byJohn Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Related document(s) 81 ) (Evans, David) (Filed on 4/23/2019) Modified on 4/24/2019 (jjbS, COURT STAFF). (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

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83

***DISREGARD, RE-FILED AS DOCKET NO. 84 *** Proposed Order re 81 MOTION for Preliminary Injunction Consent Motion For Leave Proposed Order Granting Consent Motion for Leave to File Memorandum of Christopher Shays, et al. by John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Evans, David) (Filed on 4/23/2019) Modified on 4/24/2019 (jjbS, COURT STAFF). (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

RECAP

Electronic filing error. Incorrect event used. [err101]. Correct Event is "Motion for Leave to Appear Pro Hac Vice." Event can be found under Civil Events > Motions a nd Related Filings > Motions - General > Pro Hac Vice. The attorney requesting to appear pro hac vice must also file their own Motion using their own ECF login .Please re-file in its entirety. Re: 78 Amicus Curiae Appearance filed by Stanley Twardy, Carter Phillips, Peter Keisler, Christine Todd Whitman, Richard Bernstein, Christopher Shays, John Bellinger, III, 80 Amicus Curiae Appearance filed by Stanley Twardy, Carter Phillips, Peter Keisler, Christine Todd Whitman, Richard Bernstein, Christopher Shays, John Bellinger, III, 79 Amicus Curiae Appearance filed by Stanley Twardy, Carter Phillips, Peter Keisler, Christine Todd Whitman, Richard Bernstein, Christopher Shays, John Bellinger, III. (jjbS, COURT STAFF) (Filed on 4/24/2019)

April 24, 2019

April 24, 2019

PACER

Electronic Filing Error

April 24, 2019

April 24, 2019

PACER

Case Details