Case: Center for Biological Diversity v. Trump

1:19-cv-00408 | U.S. District Court for the District of Columbia

Filed Date: Feb. 16, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This case addresses the expansion of the southern border wall, a major controversy during the Trump presidency.On February 16, 2019, three non-profit organizations that defend wildlife and habitats along the southern border—the Center for Biological Diversity, Defenders of Wildlife, and the Animal Legal Defense Fund—filed this lawsuit in the U.S. District Court for the District of Columbia. The case was assigned to Judge Trevor N. McFadden. The plaintiffs, represented by their internal counsel,…

This case addresses the expansion of the southern border wall, a major controversy during the Trump presidency.

On February 16, 2019, three non-profit organizations that defend wildlife and habitats along the southern border—the Center for Biological Diversity, Defenders of Wildlife, and the Animal Legal Defense Fund—filed this lawsuit in the U.S. District Court for the District of Columbia. The case was assigned to Judge Trevor N. McFadden. The plaintiffs, represented by their internal counsel, sued President Trump, the Secretaries of Defense, Homeland Security, the Interior, and the Treasury, and the Chief of Engineers of the U.S. Army Corps of Engineers, under the Declaratory Judgment Act. The plaintiffs sought a declaratory judgment stating that the Emergency Proclamation issued by the President on February 15, 2019 was unlawful, and an injunction preventing the reallocation of funds to construct a border wall.

As relevant background, from December 21, 2018 to January 25, 2019, the federal government was shut down. The shutdown was the result of months of disagreement between the President and Congress over the administration’s $5.7 billion demand for a border wall. Several times during the shutdown and several times after the shutdown ended, the President publicly mentioned that he might declare a national emergency if the administration could not reach an agreement with Congress about border wall funding, describing the declaration as something he had an “absolute right” to do under the National Emergencies Act.

When the President issued the Emergency Proclamation declaring a national emergency at the southern border on February 15, he said at a press conference that same day, “I could do the wall over a longer period of time—I didn’t need to do this—but I would rather do it much faster….I just want to get it done faster, that’s all.” The President then directed the reallocation of up to $601 million from the Treasury Forfeiture Fund, $3.6 billion in unspent funds appropriated for military construction projects, and up to $2.5 billion in unspent funds appropriated for support for counter-drug activity support, towards border wall construction.

The plaintiffs claimed that the President’s issuance of this Emergency Proclamation violated several federal laws. First, they alleged that the President exceeded the scope of his authority under:

  1. The National Emergencies Act, because the President’s own statements and the totality of surrounding circumstances showed that the proclamation was made as a political negotiating tactic, not a valid “emergency” as Congress intended under the NEA;
  2. 10 U.S.C. §2808 (Construction authority in the event of a declaration of war or national emergency), because the statute did not provide for the transfer of emergency funds from military construction to border wall construction;
  3. 10 U.S.C. §284 (Support for counterdrug activities and activities to counter transnational organized crime), because this statute was intended to authorize non-emergency military support to domestic law enforcement and does not provide for emergency funding for border wall construction; and
  4. 31 U.S.C. §9705 (Department of the Treasury forfeiture fund), because the specific categories of funding for which the Secretary of Treasury has discretion to allocate funds did not cover border wall construction.
Additionally, the plaintiffs claimed that the President had violated the Appropriations Clause of the Constitution by unlawfully reallocating money without Congressional approval, and had violated the Take Care Clause of the Constitution by failing to comply with the requirements and limitations of federal law.

On April 2, 2019, the President moved to dismiss the case, arguing either that the court lacked jurisdiction or, alternatively, that the plaintiffs had failed to state a claim. The plaintiffs filed an amended complaint on April 15, 2019. This complaint added new claims for relief, such as failure to properly create environmental impact statements in violation of the National Environmental Policy Act (40 C.F.R. § 1501.5 and § 1501.6); and unlawful transfer of appropriated funds from counter-drug appropriations in violation the 2019 Consolidated Appropriations Act.

In an April 2, 2020 ruling, the court partially granted the President’s motion to dismiss. Regarding jurisdiction, the court held that all plaintiffs, except for Green Latinos and the Labor Council for Latin American Advancement, had “plausibly alleged standing;” those two groups were dismissed as plaintiffs. The court dismissed some APA claims but allowed others to proceed. It also held that it had no jurisdiction over the challenge to the lawfulness of the President’s emergency declaration, because it was a non-justiciable political question. President Trump was dismissed as a defendant. 453 F. Supp. 3d 11.

On May 29, 2020, the plaintiffs sought summary judgment. The government filed a cross-motion for summary judgment on June 26, 2020. As of July 23, 2020, the court has not ruled on these motions; the case is ongoing.

Summary Authors

Sara Stearns (4/6/2019)

Bogyung Lim (7/23/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/14556456/parties/center-for-biological-diversity-v-trump/


Judge(s)

McFadden, Trevor Neil (District of Columbia)

Attorneys(s) for Plaintiff

Eliseuson, Anthony Thomas (Illinois)

Fink, Marc D (Minnesota)

Rylander, Jason C (District of Columbia)

Sanerib, Tanya (Washington)

Segee, Brian P. (California)

Senatore, Michael P (District of Columbia)

Su, Anchun Jean (California)

Attorneys(s) for Defendant

Burnham, James M (District of Columbia)

Vigen, Leslie Cooper (District of Columbia)

Judge(s)

McFadden, Trevor Neil (District of Columbia)

Attorneys(s) for Plaintiff

Eliseuson, Anthony Thomas (Illinois)

Fink, Marc D (Minnesota)

Rylander, Jason C (District of Columbia)

Sanerib, Tanya (Washington)

Segee, Brian P. (California)

Senatore, Michael P (District of Columbia)

Su, Anchun Jean (California)

Attorneys(s) for Defendant

Burnham, James M (District of Columbia)

Vigen, Leslie Cooper (District of Columbia)

Warden, Andrew Irwin (District of Columbia)

Other Attorney(s)

Boyle, Joseph Andrew (District of Columbia)

Goitein, Elizabeth (District of Columbia)

Joseph, Lawrence J (District of Columbia)

Documents in the Clearinghouse

Document

1:19-cv-00408

Docket [PACER]

July 17, 2020

July 17, 2020

Docket
1

1:19-cv-00408

Complaint

Feb. 16, 2019

Feb. 16, 2019

Complaint
16

1:19-cv-00408

First Amended Complaint for Declaratory and Injunctive Relief

April 15, 2019

April 15, 2019

Complaint
54

1:19-cv-00408

1:19-cv-00720

Memorandum Opinion

453 F.Supp.3d 11, 2020 WL 1643657

April 2, 2020

April 2, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14556456/center-for-biological-diversity-v-trump/

Last updated Aug. 6, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0090-5952405), CIVIL COVER SHEET by CENTER FOR BIOLOGICAL DIVERSITY, ANIMAL LEGAL DEFENSE FUND, DEFENDERS OF WILDLIFE, REQUEST FOR SUMMONS TO ISSUE filed by CENTER FOR BIOLOGICAL DIVERSITY, ANIMAL LEGAL DEFENSE FUND, DEFENDERS OF WILDLIFE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Notice of Designation of Related Cases)(Sanerib, Tanya) (Entered: 02/16/2019)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Notice of Designation of Related Cases

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Feb. 16, 2019

Feb. 16, 2019

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2

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ANIMAL LEGAL DEFENSE FUND, CENTER FOR BIOLOGICAL DIVERSITY, DEFENDERS OF WILDLIFE (Sanerib, Tanya) (Entered: 02/16/2019)

Feb. 16, 2019

Feb. 16, 2019

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brian Segee, :Firm- Center for Biological Diversity, :Address- 660 S. Figueroa Street, Suite 1000, Los Angeles, CA 90017. Phone No. - (805) 750-8852. Filing fee $ 100, receipt number 0090-5952419. Fee Status: Fee Paid. by ANIMAL LEGAL DEFENSE FUND, CENTER FOR BIOLOGICAL DIVERSITY, DEFENDERS OF WILDLIFE (Attachments: # 1 Declaration)(Sanerib, Tanya) (Entered: 02/16/2019)

1 Declaration

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Feb. 16, 2019

Feb. 16, 2019

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4

NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 19-cv-404 and 19-cv-405. (zsb) (Entered: 02/19/2019)

Feb. 16, 2019

Feb. 16, 2019

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Case Assigned to Judge Trevor N. McFadden. (zsb)

Feb. 19, 2019

Feb. 19, 2019

PACER
5

SUMMONS (7) Issued Electronically as to DAVID BERNHARDT, STEVEN MNUCHIN, KIRSTJEN M. NIELSEN, PATRICK M. SHANAHAN, DONALD J. TRUMP, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 02/19/2019)

1 Notice and Consent

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Feb. 19, 2019

Feb. 19, 2019

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STANDING ORDER establishing procedures for cases before Judge Trevor N. McFadden. The parties are ORDERED to read and strictly comply with the directives in the attached order. Signed by Judge Trevor N. McFadden on 2/19/2019. (lctnm3) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

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ORDER granting the 3 Motion for Leave to Appear Pro Hac Vice. Attorney Brian Segee shall promptly register for this Court's CM/ECF system. Signed by Judge Trevor N. McFadden on 2/19/2019. (lctnm3)

Feb. 19, 2019

Feb. 19, 2019

PACER
7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Anthony T. Eliseuson, :Firm- Animal Legal Defense Fund, :Address- 150 South Wacker Drive, Suite 2400; Chicago, Illinois 60606. Phone No. - (707) 795-2533. Filing fee $ 100, receipt number 0090-5956275. Fee Status: Fee Paid. by ANIMAL LEGAL DEFENSE FUND, CENTER FOR BIOLOGICAL DIVERSITY, DEFENDERS OF WILDLIFE (Attachments: # 1 Declaration)(Sanerib, Tanya) (Entered: 02/20/2019)

1 Declaration

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Feb. 20, 2019

Feb. 20, 2019

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MINUTE ORDER granting the 7 Motion for Leave to Appear Pro Hac Vice. Attorney Anthony T. Eliseuson shall promptly register for this Court's CM/ECF system. Signed by Judge Trevor N. McFadden on 2/21/2019. (lctnm3) Modified on 2/21/2019 to edit event title (hmc).

Feb. 21, 2019

Feb. 21, 2019

PACER
8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/27/2019. Answer due for ALL FEDERAL DEFENDANTS by 4/28/2019. (Segee, Brian) (Entered: 02/28/2019)

Feb. 28, 2019

Feb. 28, 2019

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/27/2019. (Segee, Brian) (Entered: 02/28/2019)

Feb. 28, 2019

Feb. 28, 2019

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DAVID BERNHARDT served on 2/26/2019; STEVEN MNUCHIN served on 2/27/2019; KIRSTJEN M. NIELSEN served on 2/26/2019; PATRICK M. SHANAHAN served on 2/26/2019; DONALD J. TRUMP served on 2/27/2019 (Segee, Brian) (Entered: 02/28/2019)

Feb. 28, 2019

Feb. 28, 2019

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11

NOTICE of Appearance by Anchun Jean Su on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Su, Anchun) (Entered: 03/01/2019)

March 1, 2019

March 1, 2019

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12

MOTION to Dismiss by DAVID BERNHARDT, STEVEN MNUCHIN, KIRSTJEN M. NIELSEN, PATRICK M. SHANAHAN, DONALD J. TRUMP (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Vigen, Leslie) (Entered: 04/02/2019)

1 Exhibit

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2 Text of Proposed Order

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April 2, 2019

April 2, 2019

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13

NOTICE of Appearance by Andrew I. Warden on behalf of DAVID BERNHARDT, STEVEN MNUCHIN, KIRSTJEN M. NIELSEN, PATRICK M. SHANAHAN, DONALD J. TRUMP (Warden, Andrew) (Entered: 04/02/2019)

April 2, 2019

April 2, 2019

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14

NOTICE of Appearance by Leslie Cooper Vigen on behalf of All Defendants (Vigen, Leslie) (Entered: 04/02/2019)

April 2, 2019

April 2, 2019

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15

MOTION for Leave to File Amicus Memo of Law by Andy Barr (Attachments: # 1 Memorandum in Support Proposed Amicus Brief, # 2 Text of Proposed Order Proposed Order)(Joseph, Lawrence) (Entered: 04/09/2019)

1 Memorandum in Support Proposed Amicus Brief

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2 Text of Proposed Order Proposed Order

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April 9, 2019

April 9, 2019

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16

AMENDED COMPLAINT (First) against DAVID BERNHARDT, KIRSTJEN M. NIELSEN, PATRICK M. SHANAHAN, DONALD J. TRUMP, TODD T. SEMONITE filed by ANIMAL LEGAL DEFENSE FUND, DEFENDERS OF WILDLIFE, CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 redline comparision with original complaint)(Segee, Brian) (Entered: 04/15/2019)

1 redline comparision with original complaint

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April 15, 2019

April 15, 2019

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REQUEST FOR SUMMONS TO ISSUE Lieutenant General Todd T. Semonite, in his official capacity as Commander and Chief Engineer, U.S. Army Corps of Engineers re 16 Amended Complaint, filed by ANIMAL LEGAL DEFENSE FUND, DEFENDERS OF WILDLIFE, CENTER FOR BIOLOGICAL DIVERSITY. Related document: 16 Amended Complaint, filed by DEFENDERS OF WILDLIFE, ANIMAL LEGAL DEFENSE FUND, CENTER FOR BIOLOGICAL DIVERSITY.(Segee, Brian) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

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SUMMONS (1) Issued Electronically as to TODD T. SEMONITE. (Attachment: # 1 Notice and Consent) (tth) (Entered: 04/17/2019)

1 Notice and Consent

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April 17, 2019

April 17, 2019

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MINUTE ORDER denying the Defendants' 12 Motion to Dismiss as moot. The Plaintiffs have file an Amended Complaint (16) as permitted by Federal Rule of Civil Procedure 15. Signed by Judge Trevor N. McFadden on 4/18/2019. (lctnm3)

April 18, 2019

April 18, 2019

PACER

MINUTE ORDER denying the Defendants' 12 Motion to Dismiss as moot. The Plaintiffs have file an Amended Complaint ( 16 ) as permitted by Federal Rule of Civil Procedure 15. Signed by Judge Trevor N. McFadden on 4/18/2019. (lctnm3)

April 18, 2019

April 18, 2019

PACER
19

Consent MOTION for Briefing Schedule and to Stay Discovery and Initial Case Management Obligations by DAVID BERNHARDT, KEVIN MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP (Attachments: # 1 Text of Proposed Order)(Vigen, Leslie). Added MOTION to Stay on 4/26/2019 (tth). (Entered: 04/23/2019)

1 Text of Proposed Order

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April 23, 2019

April 23, 2019

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MINUTE ORDER: Upon consideration of the Defendants' 19 Consent Motion, the following briefing schedule is hereby ordered: the Defendants shall file a renewed Motion to Dismiss on or before May 10, 2019. The Plaintiffs shall file their Opposition on or before May 31, 2019. The Defendants shall file their Reply on or before June 12, 2019. It is further ordered that the parties' discovery and initial case management obligations, including the requirements of Local Civil Rule 16.3 and Federal Rules of Civil Procedure 16 and 26 shall be stayed during the pendency of the Defendants' Motion to Dismiss. Signed by Judge Trevor N. McFadden on 4/23/2019. (lctnm3)

April 23, 2019

April 23, 2019

PACER

Set/Reset Deadlines: Defendants' renewed Motion to Dismiss due by 5/10/2019. Plaintiffs' Opposition due by 5/31/2019. Defendants' reply due by 6/12/2019. (hmc)

April 23, 2019

April 23, 2019

PACER

MINUTE ORDER granting the 15 Motion for Leave to File. Signed by Judge Trevor N. McFadden on 4/24/2019. (lctnm3)

April 24, 2019

April 24, 2019

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20

AMICUS BRIEF by ANDY BARR. (ztd) (Entered: 04/25/2019)

April 24, 2019

April 24, 2019

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21

Unopposed MOTION for Leave to File Excess Pages by DAVID BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP (Attachments: # 1 Text of Proposed Order)(Vigen, Leslie) (Entered: 05/07/2019)

1 Text of Proposed Order

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May 7, 2019

May 7, 2019

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MINUTE ORDER: Upon consideration of the Defendants' 21 Unopposed Motion for Leave to File Excess Pages, it is hereby ORDERED that the Defendants may file a motion to dismiss up to, but not exceeding, 55 pages in length. The Plaintiffs may file an opposition to this motion up to, but not exceeding, 55 pages in length. Signed by Judge Trevor N. McFadden on 5/7/2019. (lctnm3)

May 7, 2019

May 7, 2019

PACER
22

MOTION to Dismiss Plaintiffs' Amended Complaint by DAVID BERNHARDT, KEVIN K. MCALEENAN, STEVEN MNUCHIN, KIRSTJEN M. NIELSEN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Warden, Andrew) (Entered: 05/10/2019)

1 Exhibit

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2 Text of Proposed Order

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May 10, 2019

May 10, 2019

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23

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elizabeth Goitein, :Firm- Brennan Center for Justice, :Address- 1140 Connecticut Ave. NW, Ste. 1150, Washington, D.C. 20036. Phone No. - 202-249-7192. Fax No. - 202-223-2683 Filing fee $ 100, receipt number 0090-6122342. Fee Status: Fee Paid. by BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW (Attachments: # 1 Declaration of Elizabeth Goitein in Support of Pro Hac Vice Motion, # 2 Text of Proposed Order)(Weiner, Daniel) (Entered: 05/14/2019)

1 Declaration of Elizabeth Goitein in Support of Pro Hac Vice Motion

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2 Text of Proposed Order

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May 14, 2019

May 14, 2019

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- J. Andrew Boyle, :Firm- Brennan Center for Justice, :Address- 1140 Connecticut Ave. NW, Ste. 1150, Washington, D.C. 20036. Phone No. - 202-753-5909. Fax No. - 202-223-2683 Filing fee $ 100, receipt number 0090-6122458. Fee Status: Fee Paid. by BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW (Attachments: # 1 Declaration of J. Andrew Boyle in Support of Motion for Admission Pro Hac Vice, # 2 Text of Proposed Order)(Weiner, Daniel) (Entered: 05/14/2019)

1 Declaration of J. Andrew Boyle in Support of Motion for Admission Pro Hac Vice

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2 Text of Proposed Order

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May 14, 2019

May 14, 2019

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MINUTE ORDER granting the 23 and 24 Motions for Leave to Appear Pro Hac Vice. Attorneys Elizabeth Goitein and J. Andrew Boyle shall promptly register for this Court's CM/ECF system. Signed by Judge Trevor N. McFadden on 5/14/2019. (lctnm3)

May 14, 2019

May 14, 2019

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25

NOTICE of Filing of Second Declaration of Kenneth Rapuano by DAVID BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP (Attachments: # 1 Declaration Second Declaration of Kenneth Rapuano)(Vigen, Leslie) (Entered: 05/16/2019)

1 Declaration Second Declaration of Kenneth Rapuano

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May 16, 2019

May 16, 2019

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NOTICE of Filing of Statement by DAVID BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP (Attachments: # 1 Exhibit May 13, 2019 Order, # 2 Exhibit Response to May 13, 2019 Order)(Vigen, Leslie) (Entered: 05/16/2019)

1 Exhibit May 13, 2019 Order

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2 Exhibit Response to May 13, 2019 Order

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May 16, 2019

May 16, 2019

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27

Unopposed MOTION for Leave to File Memorandum of Law in Support of Defendants as Amicus Curiae by ANDY BARR (Attachments: # 1 Exhibit Proposed Amicus Memo of Law, # 2 Text of Proposed Order proposed order)(Joseph, Lawrence) (Entered: 05/23/2019)

1 Exhibit Proposed Amicus Memo of Law

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2 Text of Proposed Order proposed order

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May 23, 2019

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MINUTE ORDER granting the 27 Unopposed Motion for Leave to File an Amicus Brief. Signed by Judge Trevor N. McFadden on 5/23/2019. (lctnm3)

May 23, 2019

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AMICUS BRIEF by ANDY BARR. (tth) (Entered: 05/24/2019)

May 23, 2019

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MOTION for Leave to File Amicus Brief by BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW (Attachments: # 1 Amicus Brief, # 2 Text of Proposed Order)(Goitein, Elizabeth) (Entered: 05/28/2019)

1 Amicus Brief

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May 28, 2019

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MINUTE ORDER granting the 29 Motion for Leave to File an Amicus Brief. The Clerk of the Court shall extract the Brief, ECF No. 29-1, and file it on the docket. Signed by Judge Trevor N. McFadden on 5/29/2019. (lctnm3)

May 29, 2019

May 29, 2019

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AMICUS BRIEF by BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW. (tth) (Entered: 05/30/2019)

May 29, 2019

May 29, 2019

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Memorandum in opposition to re 22 MOTION to Dismiss Plaintiffs' Amended Complaint filed by ANIMAL LEGAL DEFENSE FUND, CENTER FOR BIOLOGICAL DIVERSITY, DEFENDERS OF WILDLIFE. (Attachments: # 1 Declaration of Brian Segee, # 2 Declaration of Kara Clauser (with map attachments), # 3 Declaration Standing Declarations)(Segee, Brian) (Entered: 05/31/2019)

1 Declaration of Brian Segee

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2 Declaration of Kara Clauser (with map attachments)

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3 Declaration Standing Declarations

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May 31, 2019

May 31, 2019

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Unopposed MOTION for Extension of Time to File Response/Reply as to 22 MOTION to Dismiss Plaintiffs' Amended Complaint by DAVID BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP (Attachments: # 1 Text of Proposed Order)(Vigen, Leslie) (Entered: 06/06/2019)

1 Text of Proposed Order

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June 6, 2019

June 6, 2019

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MINUTE ORDER: Upon consideration of the Defendants' 32 Unopposed Motion, it is hereby ORDERED that the Defendants shall file any Reply in support of their Motion to Dismiss on or before June 17, 2019. Signed by Judge Trevor N. McFadden on 6/6/2019. (lctnm3)

June 6, 2019

June 6, 2019

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Set/Reset Deadlines: Defendants' reply in support of their Motion to Dismiss due by 6/17/2019. (hmc)

June 7, 2019

June 7, 2019

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REPLY to opposition to motion re 22 MOTION to Dismiss Plaintiffs' Amended Complaint filed by DAVID BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP. (Vigen, Leslie) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

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Joint STATUS REPORT by DAVID BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP. (Vigen, Leslie) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

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NOTICE OF RELATED CASE by DAVID BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP. Case related to Case No. 19cv2085. (Warden, Andrew) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

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NOTICE Of Decision by the Department of Defense to Authorize Additional Border Barrier Projects Pursuant to 10 U.S.C. § 284 by DAVID BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP (Attachments: # 1 Exhibit, # 2 Exhibit)(Warden, Andrew) (Entered: 08/27/2019)

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Aug. 27, 2019

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NOTICE of Decision by the Department of Defense to Authorize Border Barrier Projects Pursuant to 10 U.S.C. § 2808 by DAVID BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Warden, Andrew) (Entered: 09/03/2019)

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Sept. 3, 2019

Sept. 3, 2019

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NOTICE Supplement to Notice of Decision by the Department of Defense to Authorize Border Barrier Projects Pursuant to 10 U.S.C. § 2808 by DAVID BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP re 37 Notice (Other), (Attachments: # 1 Exhibit)(Warden, Andrew) (Entered: 09/05/2019)

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Sept. 5, 2019

Sept. 5, 2019

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Joint MOTION for Briefing Schedule to Address 10 U.S.C. 2808 by DAVID BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP (Attachments: # 1 Text of Proposed Order)(Vigen, Leslie) (Entered: 09/10/2019)

1 Text of Proposed Order

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Sept. 10, 2019

Sept. 10, 2019

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MINUTE ORDER granting 39 Motion for Briefing Schedule. The parties shall file supplemental briefs to address whether or how the Secretary of Defenses decision to authorize certain border barrier projects pursuant to 10 U.S.C. § 2808 affects the parties' arguments made in support of or in opposition to Defendants' Motion to Dismiss Plaintiffs' Amended Complaint. It is furthered ORDERED that the parties shall adhere to the following briefing schedule and page limitations: Defendants' Supplemental Brief, not to exceed 10 pages, shall be filed on or before September 18, 2019. Plaintiffs' response to Defendants' Supplemental Brief, not to exceed 10 pages, shall be filed on or before October 2, 2019. Defendants' Reply, not to exceed 5 pages, shall be filed on or before October 9, 2019. Signed by Judge Trevor N. McFadden on 9/10/19. (lctnm1) Modified on 9/12/2019 to edit event title (hmc).

Sept. 10, 2019

Sept. 10, 2019

PACER

MINUTE ORDER granting 39 Motion for Briefing Schedule. The parties shall file supplemental briefs to address whether or how the Secretary of Defenses decision to authorize certain border barrier projects pursuant to 10 U.S.C. ยง 2808 affects the parties' arguments made in support of or in opposition to Defendants' Motion to Dismiss Plaintiffs' Amended Complaint. It is furthered ORDERED that the parties shall adhere to the following briefing schedule and page limitations: Defendants' Supplemental Brief, not to exceed 10 pages, shall be filed on or before September 18, 2019. Plaintiffs' response to Defendants' Supplemental Brief, not to exceed 10 pages, shall be filed on or before October 2, 2019. Defendants' Reply, not to exceed 5 pages, shall be filed on or before October 9, 2019. Signed by Judge Trevor N. McFadden on 9/10/19. (lctnm1) Modified on 9/12/2019 to edit event title (hmc).

Sept. 10, 2019

Sept. 10, 2019

PACER

Set/Reset Deadlines: Defendants' Supplemental Brief due by 9/18/2019. Plaintiffs' response to Defendants' Supplemental Brief due by 10/2/2019. Defendants' Reply due by 10/9/2019. (hmc)

Sept. 10, 2019

Sept. 10, 2019

PACER
40

NOTICE Supplemental Notice Regarding Decision by the Department of Defense to Authorize Additional Border Barrier Projects Pursuant to 10 U.S.C. § 284 by DAVID BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP re 36 Notice (Other), (Attachments: # 1 Exhibit)(Warden, Andrew) (Entered: 09/16/2019)

1 Exhibit

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Sept. 16, 2019

Sept. 16, 2019

RECAP
41

SUPPLEMENTAL MEMORANDUM to re 22 MOTION to Dismiss Plaintiffs' Amended Complaint to Address 10 U.S.C. 2808 filed by DAVID BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP. (Vigen, Leslie) (Entered: 09/18/2019)

Sept. 18, 2019

Sept. 18, 2019

RECAP
42

NOTICE OF SUPPLEMENTAL AUTHORITY by DAVID BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP (Attachments: # 1 Exhibit U.S. Government Accountability Office Opinion B-330862)(Vigen, Leslie) (Entered: 09/18/2019)

1 Exhibit U.S. Government Accountability Office Opinion B-330862

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Sept. 18, 2019

Sept. 18, 2019

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43

NOTICE Regarding Funding of Border Barrier Projects Pursuant to 10 U.S.C. § 284 in Fiscal Year 2020 by DAVID BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP (Attachments: # 1 Exhibit)(Warden, Andrew) (Entered: 09/30/2019)

1 Exhibit

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Sept. 30, 2019

Sept. 30, 2019

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44

SUPPLEMENTAL MEMORANDUM to re 22 MOTION to Dismiss Plaintiffs' Amended Complaint filed by ANIMAL LEGAL DEFENSE FUND, CENTER FOR BIOLOGICAL DIVERSITY, DEFENDERS OF WILDLIFE. (Attachments: # 1 Declaration (Holslin standing declaration))(Segee, Brian) (Entered: 10/02/2019)

1 Declaration (Holslin standing declaration)

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Oct. 2, 2019

Oct. 2, 2019

RECAP
45

REPLY re 41 Supplemental Memorandum, to Address 10 U.S.C. 2808 filed by DAVID BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP. (Vigen, Leslie) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

RECAP

MINUTE ORDER. It is hereby ORDERED that the parties shall appear for a joint hearing with Rio Grande International et al. v. Trump et al. (19-cv-00720) on the Defendants' 22 Motion to Dismiss on December 16, 2019, at 10:00 a.m. in Courtroom 2, before Judge Trevor N. McFadden. Signed by Judge Trevor N. McFadden on 11/4/2019. (lctnm1)

Nov. 4, 2019

Nov. 4, 2019

PACER

Set/Reset Hearings: Motion Hearing set for 12/16/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc)

Nov. 4, 2019

Nov. 4, 2019

PACER
46

NOTICE of Recent Decisions by DAVID BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP (Warden, Andrew) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

RECAP
47

NOTICE of Appearance by James Mahoney Burnham on behalf of All Defendants (Burnham, James) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

RECAP

~Util - Set/Reset Deadlines

Dec. 16, 2019

Dec. 16, 2019

PACER

Minute Entry for proceedings held before Judge Trevor N. McFadden: Motion Hearing held on 12/16/2019 re 22 MOTION to Dismiss Plaintiffs' Amended Complaint. Matter taken under advisement. Government's Supplemental Briefing due by 1/6/2020. Plaintiff's Opposition due by 1/20/2020. Government's Reply due by 1/27/2020. (Court Reporter: Crystal Pilgrim.) (hmc)

Dec. 16, 2019

Dec. 16, 2019

PACER
48

SUPPLEMENTAL MEMORANDUM to re 22 MOTION to Dismiss Plaintiffs' Amended Complaint Addressing Zone of Interests filed by DAVID BERNHARDT, KEVIN K. MCALEENAN, STEVEN T. MNUCHIN, KIRSTJEN M. NIELSEN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP. (Warden, Andrew) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

RECAP
49

SUPPLEMENTAL MEMORANDUM to re 22 MOTION to Dismiss Plaintiffs' Amended Complaint Addressing Zone of Interests filed by ANIMAL LEGAL DEFENSE FUND, CENTER FOR BIOLOGICAL DIVERSITY, DEFENDERS OF WILDLIFE. (Segee, Brian) (Entered: 01/20/2020)

Jan. 20, 2020

Jan. 20, 2020

RECAP
50

NOTICE Regarding Section 2808 Construction by DAVID BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP (Attachments: # 1 Exhibit Second Declaration of Brigadier General Glenn A. Goddard)(Vigen, Leslie) (Entered: 01/22/2020)

1 Exhibit Second Declaration of Brigadier General Glenn A. Goddard

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Jan. 22, 2020

Jan. 22, 2020

RECAP
51

REPLY in Support of Defendants' Supplemental Memorandum Addressing Zone of Interests filed by DAVID BERNHARDT, KEVIN K. MCALEENAN, STEVEN T. MNUCHIN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP. (Warden, Andrew) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

RECAP
52

MOTION to Withdraw as Attorney by DAVID BERNHARDT, KEVIN K. MCALEENAN, STEVEN T. MNUCHIN, KIRSTJEN M. NIELSEN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP (Burnham, James) (Entered: 02/04/2020)

Feb. 4, 2020

Feb. 4, 2020

PACER

MINUTE ORDER granting the 52 Motion to Withdraw as Attorney. James Burnham is hereby granted leave to withdraw as counsel for Defendants. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/4/2020. (lctnm1)

Feb. 4, 2020

Feb. 4, 2020

PACER
53

NOTICE Regarding Authorization of Additional Border Barrier Projects Pursuant to 10 U.S.C. § 284 by DAVID BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN, DONALD J. TRUMP (Attachments: # 1 Declaration Seventh Rapuano Declaration, # 2 Declaration Second Stiglich Declaration)(Warden, Andrew) (Entered: 02/13/2020)

1 Declaration Seventh Rapuano Declaration

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2 Declaration Second Stiglich Declaration

View on PACER

Feb. 13, 2020

Feb. 13, 2020

RECAP
54

MEMORANDUM OPINION re Defendants' 22 Motion to Dismiss. Signed by Judge Trevor N. McFadden on 4/2/2020. (lctnm1) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

RECAP

.Order

April 2, 2020

April 2, 2020

PACER
55

ORDER. For the reasons stated in 54 Memorandum Opinion, the Defendants' 22 Motion to Dismiss is GRANTED in part and DENIED in part. See attached Order for details. Signed by Judge Trevor N. McFadden on 4/2/2020. (lctnm1) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

RECAP

MINUTE ORDER. In light of the Court's 55 Order granting in part and denying in part Defendants' 22 Motion to Dismiss, Defendants are ORDERED to file an Answer to Plaintiffs' First Amended Complaint on or before April 16, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/2/2020. (lctnm1)

April 2, 2020

April 2, 2020

PACER

VACATED PURSUANT TO MINUTE ORDER ENTERED ON 4/10/2020.....MINUTE ORDER. In light of the Court's 55 Order granting in part and denying in part Defendants' 22 Motion to Dismiss, Defendants are ORDERED to file an Answer to Plaintiffs' First Amended Complaint on or before April 16, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/2/2020. (lctnm1) Modified on 4/13/2020 (hmc).

April 2, 2020

April 2, 2020

PACER

Set/Reset Deadlines: Defendants' Answer to Plaintiffs' First Amended Complaint due by 4/16/2020. (zhmc)

April 3, 2020

April 3, 2020

PACER
56

NOTICE of Appearance by Jason C. Rylander on behalf of ANIMAL LEGAL DEFENSE FUND, CENTER FOR BIOLOGICAL DIVERSITY, DEFENDERS OF WILDLIFE (Rylander, Jason) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

RECAP
57

Joint MOTION for Briefing Schedule for Motions For Summary Judgment by DAVID L. BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN (Attachments: # 1 Text of Proposed Order)(Warden, Andrew) (Entered: 04/10/2020)

1 Text of Proposed Order

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April 10, 2020

April 10, 2020

RECAP

MINUTE ORDER. Upon consideration of the parties' 57 Joint Motion for Briefing Schedule for Motions for Summary Judgment, it is hereby ORDERED that the briefing schedule for Cross-Motions for Summary Judgment shall be as follows: Defendants shall file the Administrative Record on or before April 16, 2020; Plaintiffs' Motion for Summary Judgment shall be filed on or before May 29, 2020; Defendants' Opposition and Cross-Motion for Summary Judgment shall be filed on or before June 26, 2020; Plaintiffs' Reply in Support of their Motion and Opposition to Defendants Cross-Motion shall be filed on or before July 17, 2020; Defendants' Reply in Support of their Cross-Motion shall be filed on or before August 7, 2020. It is further ORDERED that the Court's April 2, 2020 Minute Order is VACATED and Defendants are not required to answer Plaintiffs' amended complaint. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/10/2020. (lctnm1)

April 10, 2020

April 10, 2020

PACER

Set/Reset Deadlines: Defendant's Administrative Record due by 4/16/2020. Plaintiffs' Motion for Summary Judgment due by 5/29/2020. Defendants' Opposition and Cross-Motion due by 6/26/2020. Plaintiffs' Reply and Opposition due by 7/17/2020. Defendants' Reply due by 8/7/2020. (hmc)

April 13, 2020

April 13, 2020

PACER
58

ADMINISTRATIVE RECORD for Fiscal Year 2019 Border Barrier Projects Undertaken Pursuant to 10 U.S.C. § 284 and 10 U.S.C § 2808 by DAVID L. BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN. (Attachments: # 1 Exhibit, # 2 Exhibit)(Warden, Andrew) (Entered: 04/16/2020)

1 Exhibit

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2 Exhibit

View on PACER

April 16, 2020

April 16, 2020

RECAP
59

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Marc D. Fink, Center for Biological Diversity Filing fee $ 100, receipt number ADCDC-7063542. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Declaration of Marc D. Fink in Support of Pro Hac Vice Motion)(Su, Anchun) (Entered: 04/27/2020)

1 Declaration of Marc D. Fink in Support of Pro Hac Vice Motion

View on PACER

April 27, 2020

April 27, 2020

PACER

MINUTE ORDER granting 59 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Trevor N. McFadden on 4/27/2020. (lctnm1)

April 27, 2020

April 27, 2020

PACER
60

ENTERED IN ERROR.....NOTICE OF SUBSTITUTION OF COUNSEL by Brian Paul Segee on behalf of All Plaintiffs Substituting for attorney Tanya Sanerib (Segee, Brian) Modified on 4/29/2020 (zeg). (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER

NOTICE OF CORRECTED DOCKET ENTRY: re 60 Substitution of Counsel was entered in error and counsel was instructed to refile with correct attorney on said pleading. (eg)

April 29, 2020

April 29, 2020

PACER
61

NOTICE OF SUBSTITUTION OF COUNSEL by Marc D. Fink on behalf of ANIMAL LEGAL DEFENSE FUND, CENTER FOR BIOLOGICAL DIVERSITY, DEFENDERS OF WILDLIFE Substituting for attorney Tanya Sanerib (Fink, Marc) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
62

NOTICE of Changes In Funding For Border Barrier Projects Undertaken Pursuant to 10 U.S.C. § 2808 in Fiscal Year 2019 by DAVID L. BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN (Attachments: # 1 Exhibit)(Warden, Andrew) (Attachment 1 replaced on 5/1/2020) (zeg). (Entered: 04/29/2020)

1 Exhibit

View on PACER

April 29, 2020

April 29, 2020

PACER
63

MOTION for Summary Judgment by ANIMAL LEGAL DEFENSE FUND, CENTER FOR BIOLOGICAL DIVERSITY, DEFENDERS OF WILDLIFE (Attachments: # 1 Text of Proposed Order, # 2 Declaration, # 3 Exhibit 1)(Segee, Brian) (Entered: 05/29/2020)

1 Text of Proposed Order

View on PACER

2 Declaration

View on PACER

3 Exhibit 1

View on PACER

May 29, 2020

May 29, 2020

PACER
64

Joint MOTION to Bifurcate Merits and Remedy Briefing by DAVID L. BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN (Attachments: # 1 Text of Proposed Order)(Warden, Andrew) (Entered: 06/05/2020)

1 Text of Proposed Order

View on PACER

June 5, 2020

June 5, 2020

RECAP
65

TRANSCRIPT OF PROCEEDINGS before Judge Trevor N. McFadden held on 12/16/2019; Page Numbers: 1-129. Date of Issuance:06/05/2020. Court Reporter/Transcriber Crystal M. Pilgrim, Telephone number 202.354.3127, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referen ced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/26/2020. Redacted Transcript Deadline set for 7/6/2020. Release of Transcript Restriction set for 9/3/2020.(Pilgrim, Crystal) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER

MINUTE ORDER. It is hereby ORDERED that the parties shall appear for joint hearing with Rio Grande International et al. v. Trump et al. (19-cv-00720) on the parties' 64 Joint Motion to Bifurcate Merits and Remedy Briefing on June 11, 2020, at 10:00 a.m. The hearing will take place by telephone. Dial-in information will be emailed to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/10/2020. (lctnm1)

June 10, 2020

June 10, 2020

PACER

Set/Reset Hearings: Telephonic Motion Hearing set for 6/11/2020 at 10:00 AM before Judge Trevor N. McFadden. (hmc)

June 10, 2020

June 10, 2020

PACER

.Order

June 10, 2020

June 10, 2020

PACER

Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Motion Hearing held on 6/11/2020. 64 Joint Motion to Bifurcate Merits and Remedy Briefing, DENIED without prejudice. The parties are directed to file, within one week, a subsequent motion for a revised scheduling order. (Court Reporter: Crystal Pilgrim.) (hmc)

June 11, 2020

June 11, 2020

PACER
66

Joint MOTION for Briefing Schedule Adjustment to Address Merits and Remedy Issues by DAVID L. BERNHARDT, KEVIN K. MCALEENAN, TODD T. SEMONITE, PATRICK M. SHANAHAN (Attachments: # 1 Text of Proposed Order)(Warden, Andrew) (Entered: 06/17/2020)

1 Text of Proposed Order

View on PACER

June 17, 2020

June 17, 2020

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Key Dates

Filing Date: Feb. 16, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three non-profit organizations—Center for Biological Diversity, Defenders of Wildlife, and Animal Legal Defense Fund—who defend wildlife and habitats along the southern border.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

President Donald Trump, Federal

Secretary of the Interior, Federal

Secretary of the Department of Homeland Security, Federal

Secretary of Defense, Federal

Secretary of the Department of Treasury, Federal

Chief Engineer of the U.S. Army Corps of Engineers, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Ex parte Young (federal or state officials)

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

Immigration/Border:

Border wall