Case: U.S. House of Representatives v. Mnuchin

1:19-cv-00969 | U.S. District Court for the District of Columbia

Filed Date: April 5, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 5, 2019, the United States House of Representatives, represented by their general counsel, filed this lawsuit against the Secretary of the Treasury, the Department of the Treasury, the Acting Secretary of the Department of Defense, the Secretary of Homeland Security, the Department of Homeland Security, the Secretary of the Department of the Interior, and the Department of the Interior. The House claimed that the defendants violated the Department of Defense Appropriations Act, Article…

On April 5, 2019, the United States House of Representatives, represented by their general counsel, filed this lawsuit against the Secretary of the Treasury, the Department of the Treasury, the Acting Secretary of the Department of Defense, the Secretary of Homeland Security, the Department of Homeland Security, the Secretary of the Department of the Interior, and the Department of the Interior. The House claimed that the defendants violated the Department of Defense Appropriations Act, Article 1, § 9, clause 7 of the Constitution, and the Administrative Procedure Act, for allocating $8.1 billion to build the border wall dividing the United States and Mexico when Congress had only approved $1.375 billion for barrier construction. The plaintiffs sought declaratory and injunctive relief to stop the Trump Administration from transferring non-Congressionally approved funds to fund the border wall. The suit was filed in the District Court for the District of Columbia and was presided over by Judge Trevor McFadden.

On April 23, 2019, the plaintiffs moved for a preliminary injunction, but the court denied their motion on June 3, 2019, for lack of subject-matter jurisdiction. 379 F.Supp.3d 8. The plaintiffs appealed to the District of Columbia Circuit Court on June 10, 2019. Subsequently, the defendants provided notice to the plaintiffs and the court that they would be authorizing the funds necessary to continue the construction of the border wall.

The case remains active in the D.C. Circuit Court under docket number 19-5176. The docket was last updated on November 8, 2019.

Summary Authors

Christiana Johnson (11/22/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/14886708/parties/united-states-house-of-representatives-v-mnuchin/


Judge(s)

McFadden, Trevor Neil (District of Columbia)

Attorneys(s) for Plaintiff

Barbero, Megan (District of Columbia)

Clouse, Sarah E (District of Columbia)

Hanner, Brooks Mckinly (District of Columbia)

Letter, Douglas (District of Columbia)

Morse, Josephine T (District of Columbia)

Shapiro, Kristin A (District of Columbia)

Tatelman, Todd B. (District of Columbia)

Attorneys(s) for Defendant

Burnham, James M (District of Columbia)

Davis, Kathryn Celia (District of Columbia)

Judge(s)

McFadden, Trevor Neil (District of Columbia)

Attorneys(s) for Plaintiff

Barbero, Megan (District of Columbia)

Clouse, Sarah E (District of Columbia)

Hanner, Brooks Mckinly (District of Columbia)

Letter, Douglas (District of Columbia)

Morse, Josephine T (District of Columbia)

Shapiro, Kristin A (District of Columbia)

Tatelman, Todd B. (District of Columbia)

Attorneys(s) for Defendant

Burnham, James M (District of Columbia)

Davis, Kathryn Celia (District of Columbia)

Warden, Andrew Irwin (District of Columbia)

Other Attorney(s)

Boyle, Joseph Andrew (District of Columbia)

Callahan, Samuel Francis (District of Columbia)

Goitein, Elizabeth (District of Columbia)

Joseph, Lawrence J (District of Columbia)

Robbins, Lawrence Saul (District of Columbia)

Sisney, Benjamin P. (District of Columbia)

Smith, David Hunter (District of Columbia)

Untereiner, Alan (District of Columbia)

Weiner, Daniel I. (District of Columbia)

Wolson, Max (District of Columbia)

Documents in the Clearinghouse

Document

1:19-cv-00969

Docket

Sept. 16, 2019

Sept. 16, 2019

Docket
1

1:19-cv-00969

Complaint

April 5, 2019

April 5, 2019

Complaint
63

1:19-cv-00969

Complaint

June 17, 2019

June 17, 2019

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14886708/united-states-house-of-representatives-v-mnuchin/

Last updated Aug. 29, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Fee Status:Filing Fee Waived) filed by UNITED STATES HOUSE OF REPRESENTATIVES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons)(Letter, Douglas) (Entered: 04/05/2019)

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 Summons

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10 Summons

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11 Summons

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April 5, 2019

April 5, 2019

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2

NOTICE OF RELATED CASE by UNITED STATES HOUSE OF REPRESENTATIVES. Case related to Case No. 1:19-cv-404. (Letter, Douglas) (Entered: 04/05/2019)

April 5, 2019

April 5, 2019

PACER

Case Assigned/Reassigned

April 8, 2019

April 8, 2019

PACER

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

April 8, 2019

April 8, 2019

PACER
3

SUMMONS (10) Issued Electronically as to DAVID BERNHARDT, STEVEN T. MNUCHIN, KIRSTJEN M. NIELSEN, PATRICK M. SHANAHAN, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES DEPARTMENT OF THE TREASURY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 04/08/2019)

April 8, 2019

April 8, 2019

PACER
4

STANDING ORDER establishing procedures for cases before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and strictly comply with the directives in the attached Order. Signed by Judge Trevor N. McFadden on 4/8/2019. (lctnm1) (Entered: 04/08/2019)

April 8, 2019

April 8, 2019

PACER
5

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/8/2019. Answer due for ALL FEDERAL DEFENDANTS by 6/7/2019. (Letter, Douglas) (Entered: 04/08/2019)

April 8, 2019

April 8, 2019

PACER
6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/12/2019. (Letter, Douglas) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DAVID BERNHARDT served on 4/11/2019 (Letter, Douglas) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER
8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 4/11/2019 (Letter, Douglas) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER
9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF DEFENSE served on 4/11/2019 (Letter, Douglas) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER
10

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF THE INTERIOR served on 4/11/2019 (Letter, Douglas) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER
11

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. STEVEN T. MNUCHIN served on 4/12/2019 (Letter, Douglas) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER
12

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KIRSTJEN M. NIELSEN served on 4/11/2019 (Letter, Douglas) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PATRICK M. SHANAHAN served on 4/11/2019 (Letter, Douglas) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF THE TREASURY served on 4/12/2019 (Letter, Douglas) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

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15

NOTICE of Appearance by Andrew I. Warden on behalf of All Defendants (Warden, Andrew) (Entered: 04/22/2019)

April 22, 2019

April 22, 2019

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16

NOTICE of Appearance by Douglas N. Letter on behalf of UNITED STATES HOUSE OF REPRESENTATIVES (Letter, Douglas) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER
17

MOTION for Preliminary Injunction by UNITED STATES HOUSE OF REPRESENTATIVES (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Letter, Douglas) (Entered: 04/23/2019)

1 Exhibit

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2 Text of Proposed Order

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April 23, 2019

April 23, 2019

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18

Joint MOTION for Briefing Schedule by UNITED STATES HOUSE OF REPRESENTATIVES (Attachments: # 1 Text of Proposed Order)(Letter, Douglas) (Entered: 04/24/2019)

1 Text of Proposed Order

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April 24, 2019

April 24, 2019

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.Order

April 25, 2019

April 25, 2019

PACER

MINUTE ORDER: A scheduling conference call is hereby set for April 25, 2019 at 11 a.m. in Chambers before Judge Trevor N. McFadden. Signed by Judge Trevor N. McFadden on 4/25/2019. (lctnm3) Modified on 4/25/2019 (hmc).

April 25, 2019

April 25, 2019

PACER

Order

April 25, 2019

April 25, 2019

PACER

~Util - Set/Reset Deadlines/Hearings

April 25, 2019

April 25, 2019

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MINUTE ORDER establishing the following schedule: the Defendants shall file an Opposition to the Plaintiff's 17 Motion for Preliminary Injunction on or before May 8, 2019. The Plaintiff shall file any Reply on or before May 15, 2019. A Preliminary Injunction Hearing is scheduled for May 24, 2019 at 10 a.m. in Courtroom 2 before Judge Trevor N. McFadden. Signed by Judge Trevor N. McFadden on 4/25/2019. (lctnm3)

April 25, 2019

April 25, 2019

PACER

Order on Motion for Briefing Schedule

April 25, 2019

April 25, 2019

PACER

Telephone Conference

April 25, 2019

April 25, 2019

PACER

Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephone Scheduling Conference held on 4/25/2019. Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction due by 5/8/2019. Plaintiff's Reply due by 5/15/2019. Preliminary Injunction Hearing set for 5/24/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (Court Reporter: Elizabeth Saint-Loth.) (hmc)

April 25, 2019

April 25, 2019

PACER
19

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. Filing fee $ 100, receipt number 0090-6082405. Fee Status: Fee Paid. by BRENNAN CENTER FOR JUSTICE (Attachments: # 1 Declaration of Attorney Elizabeth Goitein in Support of Motion for Admission Pro Hac Vice, # 2 Text of Proposed Order Granting Motion for Admission of Attorney Elizabeth Goitein Pro Hac Vice)(Weiner, Daniel) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER

Order on Motion for Leave to Appear Pro Hac Vice

April 25, 2019

April 25, 2019

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20

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. Filing fee $ 100, receipt number 0090-6082459. Fee Status: Fee Paid. by BRENNAN CENTER FOR JUSTICE (Attachments: # 1 Declaration of Attorney J. Andrew Boyle in Support of Motion for Admission Pro Hac Vice, # 2 Text of Proposed Order Granting Motion for Admission of Attorney J. Andrew Boyle Pro Hac Vice)(Weiner, Daniel) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER

MINUTE ORDER granting the 19 and 20 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 4/25/2019. (lctnm3)

April 25, 2019

April 25, 2019

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21

TRANSCRIPT OF PROCEEDINGS before Judge Trevor N. McFadden held on 04-25-2019; Page Numbers: 1 - 13. Date of Issuance: 04-26-2019. Court Reporter/Transcriber Elizabeth SaintLoth, Telephone number 202-354-3242, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For 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 referenced 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.<P>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.<P></P> Redaction Request due 5/17/2019. Redacted Transcript Deadline set for 5/27/2019. Release of Transcript Restriction set for 7/25/2019.(Saint-Loth, Elizabeth) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

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22

MOTION for Leave to File Amicus Brief by BRENNAN CENTER FOR JUSTICE (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order)(Boyle, Joseph) (Entered: 04/30/2019)

April 30, 2019

April 30, 2019

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Order on Motion for Leave to File

May 1, 2019

May 1, 2019

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MINUTE ORDER granting the 22 Motion for Leave to File Amicus Brief. Signed by Judge Trevor N. McFadden on 5/1/2019. (lctnm3)

May 1, 2019

May 1, 2019

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23

NOTICE of Appearance by Todd Barry Tatelman on behalf of UNITED STATES HOUSE OF REPRESENTATIVES (Tatelman, Todd) (Entered: 05/01/2019)

May 1, 2019

May 1, 2019

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24

NOTICE of Appearance by Kristin A. Shapiro on behalf of UNITED STATES HOUSE OF REPRESENTATIVES (Shapiro, Kristin) (Entered: 05/01/2019)

May 1, 2019

May 1, 2019

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25

NOTICE of Appearance by Megan Barbero on behalf of UNITED STATES HOUSE OF REPRESENTATIVES (Barbero, Megan) (Entered: 05/01/2019)

May 1, 2019

May 1, 2019

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26

AMICUS BRIEF by BRENNAN CENTER FOR JUSTICE. (tth) (Entered: 05/03/2019)

May 1, 2019

May 1, 2019

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27

MOTION for Leave to File Amicus Brief NATIONAL IMMIGRATION LAW CENTER, ASIAN AMERICANS ADVANCING JUSTICE-AAJC, ASIAN AMERICANS ADVANCING JUSTICE-LOS ANGELES, AALDEF, BLACK ALLIANCE FOR JUST IMMIGRATION AND LATINOJUSTICE PRLDEF. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Wolson, Max); Modified text on 5/6/2019 (tth). (Entered: 05/03/2019)

May 3, 2019

May 3, 2019

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Order on Motion for Leave to File

May 3, 2019

May 3, 2019

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28

Unopposed MOTION for Leave to File Excess Pages With Respect to Defendants' Opposition to Plaintiff's Motion For Preliminary Injunction by DAVID BERNHARDT, STEVEN T. MNUCHIN, KIRSTJEN M. NIELSEN, PATRICK M. SHANAHAN, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Warden, Andrew) (Entered: 05/03/2019)

May 3, 2019

May 3, 2019

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Order on Motion for Leave to File Excess Pages

May 3, 2019

May 3, 2019

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MINUTE ORDER granting the 27 Motion for Leave to File Amicus Brief. Signed by Judge Trevor N. McFadden on 5/3/2019. (lctnm3)

May 3, 2019

May 3, 2019

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MINUTE ORDER: Upon consideration of the Defendants' 28 Motion, it is hereby ORDERED that the Defendants may file an opposition brief that is up to, but not more than, 55 pages in length. The Plaintiff may file a reply brief that is up to, but not more than, 35 pages in length. Signed by Judge Trevor N. McFadden on 5/3/2019. (lctnm3)

May 3, 2019

May 3, 2019

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29

AMICUS BRIEF by ASIAN AMERICAN ADVANCING JUSTICE-LOS ANGELES, AALDEF, ASIAN AMERICANS ADVANCING JUSTICE-AAJC, BLACK ALLIANCE FOR JUST IMMIGRATION, LATINOJUSTICE PRLDEF, NATIONAL IMMIGRATION LAW CENTER. (tth) (Entered: 05/06/2019)

May 3, 2019

May 3, 2019

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30

NOTICE of Appearance by Lawrence Saul Robbins on behalf of William Pittard, Kerry W. Kircher, IRVIN B. NATHAN, Geraldine R. Gennet, CHARLES TIEFER, Thomas J. Spulak, STEVEN R. ROSS, Stanley Brand (Robbins, Lawrence) (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

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31

NOTICE of Appearance by Alan Untereiner on behalf of Stanley Brand, Geraldine R. Gennet, Kerry W. Kircher, IRVIN B. NATHAN, William Pittard, STEVEN R. ROSS, Thomas J. Spulak, CHARLES TIEFER (Untereiner, Alan) (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

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NOTICE of Appearance by David Hunter Smith on behalf of Stanley Brand, Geraldine R. Gennet, Kerry W. Kircher, IRVIN B. NATHAN, William Pittard, STEVEN R. ROSS, Thomas J. Spulak, CHARLES TIEFER (Smith, David) (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

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MOTION for Leave to File Amicus Brief by Stanley Brand, Geraldine R. Gennet, Kerry W. Kircher, IRVIN B. NATHAN, William Pittard, STEVEN R. ROSS, Thomas J. Spulak, CHARLES TIEFER (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order)(Robbins, Lawrence) (Entered: 05/06/2019)

1 Proposed Amicus Brief

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2 Text of Proposed Order

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May 6, 2019

May 6, 2019

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Order on Motion for Leave to File

May 7, 2019

May 7, 2019

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MINUTE ORDER granting the 33 Motion for Leave to File Amicus Brief. Signed by Judge Trevor N. McFadden on 5/7/2019. (lctnm3)

May 7, 2019

May 7, 2019

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34

Consent MOTION for Leave to File Amicus Brief by FORMER MEMBERS OF CONGRESS (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order)(Callahan, Samuel) (Entered: 05/07/2019)

May 7, 2019

May 7, 2019

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AMICUS BRIEF by STANLEY BRAND, GERALDINE R. GENNET, KERRY W. KIRCHER, IRVIN B. NATHAN, WILLIAM PITTARD, STEVEN R. ROSS, THOMAS J. SPULAK, CHARLES TIEFER. (tth) (Entered: 05/08/2019)

May 7, 2019

May 7, 2019

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Order on Motion for Leave to File

May 8, 2019

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MINUTE ORDER granting the 34 Motion for Leave to File an Amicus Brief. Signed by Judge Trevor N. McFadden on 5/8/2019. (lctnm3)

May 8, 2019

May 8, 2019

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36

Memorandum in opposition to re 17 MOTION for Preliminary Injunction filed by DAVID BERNHARDT, STEVEN T. MNUCHIN, KIRSTJEN M. NIELSEN, PATRICK M. SHANAHAN, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Text of Proposed Order)(Warden, Andrew) (Entered: 05/08/2019)

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3 Exhibit

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5 Exhibit

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6 Exhibit

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11 Exhibit

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12 Exhibit

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13 Text of Proposed Order

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May 8, 2019

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37

AMICUS BRIEF by FORMER MEMBERS OF CONGRESS. (tth) (Entered: 05/09/2019)

May 8, 2019

May 8, 2019

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MINUTE ORDER: The Preliminary Injunction Hearing currently set for May 24, 2019 is hereby rescheduled to May 23, 2019 at 10:00 a.m. in Courtroom 2 before Judge Trevor N. McFadden. Signed by Judge Trevor N. McFadden on 5/10/2019. (lctnm3)

May 10, 2019

May 10, 2019

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.Order

May 10, 2019

May 10, 2019

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Order

May 10, 2019

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Set/Reset Hearings: Preliminary Injunction Hearing rescheduled to 5/23/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc)

May 10, 2019

May 10, 2019

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Set/Reset Hearings

May 10, 2019

May 10, 2019

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39

STRICKEN PURSUANT TO MINUTE ORDER ENTERED ON 5/22/2019.....MOTION to Intervene by ROBERT A. HEGHMANN. (Attachments: # 1 Memorandum in Support, # 2 Exhibits A - G, # 3 Exhibit - Motion to Appoint Special Master, # 4 Exhibit - Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction) (tth) Modified on 5/24/2019 (hmc). (Entered: 05/14/2019)

1 Memorandum in Support

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2 Exhibit A - G

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3 Exhibit Motion to Appoint Special Master

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4 Exhibit Memorandum in Opposition to Plaintiff's Motion for Preliminary Inju

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May 10, 2019

May 10, 2019

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38

NOTICE of filing of Second Declaration of Kenneth Rapuano by DAVID BERNHARDT, STEVEN T. MNUCHIN, KIRSTJEN M. NIELSEN, PATRICK M. SHANAHAN, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES DEPARTMENT OF THE TREASURY re 36 Memorandum in Opposition,, (Attachments: # 1 Exhibit Second Declaration of Kenneth Rapuano (dated May 13, 2019))(Warden, Andrew) (Entered: 05/13/2019)

May 13, 2019

May 13, 2019

PACER
40

Consent MOTION for Leave to File Memorandum of Law in Support of Defendants as Amicus Curiae by Andy Barr (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Proposed Amicus Memo of Law)(Joseph, Lawrence) (Entered: 05/14/2019)

May 14, 2019

May 14, 2019

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Order on Motion for Leave to File

May 14, 2019

May 14, 2019

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MINUTE ORDER granting the 40 Consent Motion for Leave to file Amicus Brief. Signed by Judge Trevor N. McFadden on 5/14/2019. (lctnm3)

May 14, 2019

May 14, 2019

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41

AMICUS BRIEF by ANDY BARR. (tth) (Entered: 05/15/2019)

May 14, 2019

May 14, 2019

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42

NOTICE of Appearance by Josephine T. Morse on behalf of UNITED STATES HOUSE OF REPRESENTATIVES (Morse, Josephine) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

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43

Consent MOTION for Leave to File Amicus Curiae Brief in support of Defendants by AMERICAN CENTER FOR LAW AND JUSTICE (Attachments: # 1 Exhibit proposed Amicus Curiae Brief, # 2 Text of Proposed Order)(Sisney, Benjamin) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

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44

MOTION for Leave to File Supplemental Declaration by UNITED STATES HOUSE OF REPRESENTATIVES (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Letter, Douglas) (Entered: 05/15/2019)

1 Declaration

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2 Text of Proposed Order

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May 15, 2019

May 15, 2019

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45

REPLY to opposition to motion re 17 MOTION for Preliminary Injunction filed by UNITED STATES HOUSE OF REPRESENTATIVES. (Letter, Douglas) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

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MINUTE ORDER granting the 43 Motion for Leave to File an Amicus Brief. Signed by Judge Trevor N. McFadden on 5/16/2019. (lctnm3)

May 16, 2019

May 16, 2019

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Order on Motion for Leave to File

May 16, 2019

May 16, 2019

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MINUTE ORDER granting the 44 Motion for Leave to File a Supplemental Declaration. Signed by Judge Trevor N. McFadden on 5/16/2019. (lctnm3)

May 16, 2019

May 16, 2019

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46

AMICUS BRIEF by AMERICAN CENTER FOR LAW AND JUSTICE. (ztd) (Entered: 05/17/2019)

May 16, 2019

May 16, 2019

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47

AFFIDAVIT re 17 MOTION for Preliminary Injunction by UNITED STATES HOUSE OF REPRESENTATIVES. (ztd) (Entered: 05/17/2019)

May 16, 2019

May 16, 2019

PACER
48

NOTICE of Filing of Statement Submitted in Related Litigation by DAVID BERNHARDT, STEVEN T. MNUCHIN, KIRSTJEN M. NIELSEN, PATRICK M. SHANAHAN, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Exhibit, # 2 Exhibit)(Warden, Andrew) (Entered: 05/17/2019)

May 17, 2019

May 17, 2019

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49

NOTICE of Appearance by James Mahoney Burnham on behalf of All Defendants (Burnham, James) (Entered: 05/19/2019)

May 19, 2019

May 19, 2019

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50

Memorandum in opposition to re 39 MOTION to Intervene filed by DAVID BERNHARDT, STEVEN T. MNUCHIN, KIRSTJEN M. NIELSEN, PATRICK M. SHANAHAN, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Davis, Kathryn) (Entered: 05/22/2019)

May 22, 2019

May 22, 2019

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Order on Motion to Intervene

May 22, 2019

May 22, 2019

PACER

MINUTE ORDER striking the 39 Motion to Intervene for failure to comply with Local Civil Rule 7(m), which requires the movant to certify, "[b]efore filing any nondispositive motion in a civil action," that he discussed the anticipated motion with opposing counsel "in a good-faith effort to determine whether there is any opposition to the relief sought and, if there is, to narrow the areas of disagreement." Because of this failure to comply, the Court need not address the substantive arguments raised in the Defendants' 50 Memorandum in Opposition. Signed by Judge Trevor N. McFadden on 5/22/2019. (lctnm3)

May 22, 2019

May 22, 2019

PACER

Minute Entry for proceedings held before Judge Trevor N. McFadden: Preliminary Injunction held on 5/23/2019. Matter taken under advisement. (Court Reporter: Patricia Kaneshiro-Miller.) (hmc)

May 23, 2019

May 23, 2019

PACER

Preliminary Injunction

May 23, 2019

May 23, 2019

PACER
51

NOTICE OF SUPPLEMENTAL AUTHORITY by UNITED STATES HOUSE OF REPRESENTATIVES (Attachments: # 1 Exhibit Sierra Club v. Trump Order, # 2 Exhibit California v. Trump Order)(Letter, Douglas) (Entered: 05/25/2019)

May 25, 2019

May 25, 2019

PACER
52

TRANSCRIPT OF PROCEEDINGS before Judge Trevor N. McFadden held on May 23, 2019; Page Numbers: 1-137. Date of Issuance:May 28, 2019. Court Reporter/Transcriber Pat Kaneshiro-Miller, Telephone number 202-354-3243, Tape Number: Patricia_Kaneshiro-MIller@dcd.uscourts.gov. Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For 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 referenced 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.<P>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.<P></P> Redaction Request due 6/18/2019. Redacted Transcript Deadline set for 6/28/2019. Release of Transcript Restriction set for 8/26/2019.(pk) (Entered: 05/28/2019)

May 28, 2019

May 28, 2019

PACER
53

Unopposed MOTION to Stay Defendants' Response to Plaintiff's Complaint Pending a Ruling on Plaintiff's Motion for Preliminary Injunction by DAVID BERNHARDT, STEVEN T. MNUCHIN, KIRSTJEN M. NIELSEN, PATRICK M. SHANAHAN, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Warden, Andrew) (Entered: 06/03/2019)

1 Text of Proposed Order

View on PACER

June 3, 2019

June 3, 2019

RECAP
54

MEMORANDUM OPINION re Plaintiff's 17 Motion for Preliminary Injunction. Signed by Judge Trevor N. McFadden on 6/3/2019. (lctnm3) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

RECAP
55

ORDER: For the reasons set forth in the accompanying 54 Memorandum Opinion, the Plaintiff's 17 Motion for a Preliminary Injunction is DENIED for lack of subject matter jurisdiction. See attached Order for details. Signed by Judge Trevor N. McFadden on 6/3/2019. (lctnm3) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

RECAP

Order on Motion to Stay

June 4, 2019

June 4, 2019

PACER

MINUTE ORDER: Upon consideration of the Defendants' 53 Unopposed Motion, it is hereby ORDERED that the deadline for the Defendants' Answer or responsive pleading is STAYED. The parties shall file a Joint Status Report on or before June 10, 2019. This Report shall propose a schedule for further proceedings. Signed by Judge Trevor N. McFadden on 6/4/2019. (lctnm3)

June 4, 2019

June 4, 2019

PACER

Set/Reset Deadlines

June 4, 2019

June 4, 2019

PACER

Set/Reset Deadlines: Joint Status Report due by 6/10/2019. (hmc)

June 4, 2019

June 4, 2019

PACER
56

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 54 Memorandum & Opinion, 55 Order on Motion for Preliminary Injunction, by UNITED STATES HOUSE OF REPRESENTATIVES. Fee Status: No Fee Paid. Parties have been notified. (Letter, Douglas) (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
57

Joint STATUS REPORT Addressing Further Proceedings by DAVID BERNHARDT, STEVEN T. MNUCHIN, KIRSTJEN M. NIELSEN, PATRICK M. SHANAHAN, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Warden, Andrew) (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

RECAP
58

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 56 Notice of Appeal to DC Circuit Court. (tth) (Entered: 06/12/2019)

June 12, 2019

June 12, 2019

RECAP

USCA Case Number

June 14, 2019

June 14, 2019

PACER

USCA Case Number 19-5176 for 56 Notice of Appeal to DC Circuit Court filed by UNITED STATES HOUSE OF REPRESENTATIVES. (zrdj)

June 14, 2019

June 14, 2019

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 5, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

U.S. House of Representatives (government).

Plaintiff Type(s):

Non-DOJ federal government plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of the Treasury, Federal

Department of Defense, Federal

Department of Homeland Security, Federal

Department of the Interior, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

Discrimination-basis:

Race discrimination