Case: Nightingale v. U.S. Citizenship and Immigration Services

Nightingale v. U.S. Citizenship and Immigration

Nightingale et al. v. U.S. Citizenship and Immigration Services et al.

American Immigration Council

COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-13449903.). Filed byZachary Nightingale, Pao Lopa, Cheryl David, Courtney McDermed, Maribel Carandang. (Realmuto, Trina) (Filed on 6/19/2019) (Entered: 06/19/2019)

Civil Cover Sheet by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale . (Realmuto, Trina) (Filed on 6/19/2019) (Entered: 06/19/2019)

Proposed Summons. (Realmuto, Trina) (Filed on 6/19/2019) (Entered: 06/19/2019)

Proposed Summons. (Realmuto, Trina) (Filed on 6/19/2019) (Entered: 06/19/2019)

Proposed Summons. (Realmuto, Trina) (Filed on 6/19/2019) (Entered: 06/19/2019)

Proposed Summons. (Realmuto, Trina) (Filed on 6/19/2019) (Entered: 06/19/2019)

Proposed Summons. (Realmuto, Trina) (Filed on 6/19/2019) (Entered: 06/19/2019)

NOTICE of Appearance by Stacy Eva Tolchin as co-counsel (Tolchin, Stacy) (Filed on 6/19/2019) (Entered: 06/19/2019)

Case assigned to Magistrate Judge Laurel Beeler. 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 7/3/2019. (ajsS, COURT STAFF) (Filed on 6/19/2019) (Entered: 06/19/2019)

~Util - Case Assigned by Intake

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/12/2019. Initial Case Management Conference set for 9/19/2019 11:00 AM in San Francisco, Courtroom B, 15th Floor. (fabS, COURT STAFF) (Filed on 6/20/2019) (Entered: 06/20/2019)

Summons Issued as to U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(fabS, COURT STAFF) (Filed on 6/20/2019) (Entered: 06/20/2019)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Initial Case Management Conference previously set for 9/19/2019 is reset to 10/10/2019 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 10/3/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 6/28/2019) (Entered: 06/28/2019)

Clerk's Notice

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale.. (Realmuto, Trina) (Filed on 7/1/2019) (Entered: 07/01/2019)

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. 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. (ejkS, COURT STAFF) (Filed on 7/1/2019) (Entered: 07/01/2019)

Clerk's Notice of Impending Reassignment - Text Only

CLERK'S NOTICE Re: Motion to Relate Cases (lrcS, COURT STAFF) (Filed on 7/2/2019) (Entered: 07/02/2019)

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 7/2/19. (Attachments: # 1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 7/2/2019) (Entered: 07/02/2019)

1 Notice of Eligibility for Video Recording

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AFFIDAVIT of Service for Summons, Complaint, and case initiating documents served on Defendants, Attorney General William Barr, and US Attorney's Office for the Northern District of California on June 25, 2019, filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Realmuto, Trina) (Filed on 7/3/2019) (Entered: 07/03/2019)

CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 9/10/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Case Management Statement due by 9/3/2019. Signed by Judge William H. Orrick on 07/08/2019. (jmdS, COURT STAFF) (Filed on 7/8/2019) (Entered: 07/08/2019)

CERTIFICATE OF SERVICE by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale of Case Management Conference Order and Judge Orrick's Standing Order for Civil Cases (Realmuto, Trina) (Filed on 7/8/2019) (Entered: 07/08/2019)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13543976.) filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Kang, Leila) (Filed on 7/23/2019) (Entered: 07/23/2019)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13545417.) filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Adams, Matthew) (Filed on 7/23/2019) (Entered: 07/23/2019)

Order by Judge William H. Orrick granting 20 Motion for Pro Hac Vice by Leila Kang. (jmdS, COURT STAFF) (Filed on 7/29/2019) (Entered: 07/29/2019)

Order by Judge William H. Orrick granting 21 Motion for Pro Hac Vice by Matt Adams. (jmdS, COURT STAFF) (Filed on 7/29/2019) (Entered: 07/29/2019)

NOTICE of Appearance by Cristen Cori Handley (Handley, Cristen) (Filed on 7/30/2019) (Entered: 07/30/2019)

ANSWER to Complaint by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Handley, Cristen) (Filed on 7/31/2019) Modified on 8/1/2019 (amgS, COURT STAFF). (Entered: 07/31/2019)

MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13575738.) filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Kenney, Mary) (Filed on 8/2/2019) Modified on 8/6/2019 (aaa, COURT STAFF). (Entered: 08/02/2019)

MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13581757.) filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Attachments: # 1 Certificate of Good Standing)(Creighton, Emily) (Filed on 8/5/2019) Modified on 8/6/2019 (aaa, COURT STAFF). (Entered: 08/05/2019)

1 Certificate of Good Standing

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MOTION to Certify Class filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. Motion Hearing set for 10/2/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 8/22/2019. Replies due by 8/29/2019. (Attachments: # 1 Index of Exhibits, # 2 Declaration First Realmuto Dec., # 3 Declaration Nightingale Dec. and attachment, # 4 Declaration David Dec., # 5 Declaration McDermed Dec., # 6 Declaration Abrutyn Dec., # 7 Declaration Cleveland Dec., # 8 Declaration Hall Dec., # 9 Declaration Asch Dec., # 10 Declaration Taurel Dec. and attachment, # 11 Declaration Ellison Dec., # 12 Declaration Hansen Dec., # 13 Declaration Lee Dec., # 14 Declaration Falgout Dec., # 15 Declaration Dobrin Dec. and attachments, # 16 Declaration Phelps Dec., # 17 Declaration Second Realmuto Dec., # 18 Declaration Kenney Dec., # 19 Declaration Adams Dec., # 20 Declaration Tolchin Dec., # 21 Exhibit Lopa FOIA Status Check, # 22 Exhibit Carandang FOIA Status Check, # 23 Proposed Order)(Realmuto, Trina) (Filed on 8/8/2019) (Entered: 08/08/2019)

1 Index of Exhibits

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2 Declaration First Realmuto Dec.

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3 Declaration Nightingale Dec. and attachment

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4 Declaration David Dec.

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5 Declaration McDermed Dec.

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6 Declaration Abrutyn Dec.

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7 Declaration Cleveland Dec.

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8 Declaration Hall Dec.

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9 Declaration Asch Dec.

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10 Declaration Taurel Dec. and attachment

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11 Declaration Ellison Dec.

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12 Declaration Hansen Dec.

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13 Declaration Lee Dec.

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14 Declaration Falgout Dec.

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15 Declaration Dobrin Dec. and attachments

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16 Declaration Phelps Dec.

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17 Declaration Second Realmuto Dec.

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18 Declaration Kenney Dec.

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19 Declaration Adams Dec.

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20 Declaration Tolchin Dec.

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21 Exhibit Lopa FOIA Status Check

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22 Exhibit Carandang FOIA Status Check

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23 Proposed Order

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MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13613235.) filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Attachments: # 1 Certificate of Good Standing)(Valenzuela, Claudia) (Filed on 8/15/2019) Modified on 8/16/2019 (aaaS, COURT STAFF). (Entered: 08/15/2019)

1 Certificate of Good Standing

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MOTION to Continue Defendants' Deadline to Respond to Plaintiffs' Motion for Class Certification filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration, # 2 Proposed Order)(Handley, Cristen) (Filed on 8/15/2019) (Entered: 08/15/2019)

1 Declaration

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2 Proposed Order

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OPPOSITION/RESPONSE (re 30 MOTION to Continue Defendants' Deadline to Respond to Plaintiffs' Motion for Class Certification ) filed byMaribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Attachments: # 1 Declaration Third Realmuto Dec.)(Realmuto, Trina) (Filed on 8/19/2019) (Entered: 08/19/2019)

1 Declaration Third Realmuto Dec.

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ORDER GRANTING 30 MOTION TO CONTINUE DEFENDANTS' DEADLINE TO RESPOND TO PLAINTIFFS' 28 MOTION FOR CLASS CERTIFICATION - Response due by 9/5/2019. Signed by Judge William H. Orrick on 08/22/2019. (jmdS, COURT STAFF) (Filed on 8/22/2019) (Entered: 08/22/2019)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Realmuto, Trina) (Filed on 8/29/2019) (Entered: 08/29/2019)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Handley, Cristen) (Filed on 8/29/2019) (Entered: 08/29/2019)

JOINT CASE MANAGEMENT STATEMENT & [PROPOSED] ORDER ; filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Realmuto, Trina) (Filed on 9/3/2019) Modified on 9/4/2019 (aaaS, COURT STAFF). (Entered: 09/03/2019)

OPPOSITION/RESPONSE (re 28 MOTION to Certify Class ) filed byU.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Jill A. Eggleston, # 2 Declaration of Toni Fuentes)(Handley, Cristen) (Filed on 9/5/2019) (Entered: 09/05/2019)

1 Declaration of Jill A. Eggleston

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2 Declaration of Toni Fuentes

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CLERK'S NOTICE - Case Management Conference continued to 10/2/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor (to coincide with motion hearing). (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 9/6/2019) (Entered: 09/06/2019)

Clerk's Notice

Order by Judge William H. Orrick granting 27 Motion for Pro Hac Vice by Emily J. Creighton. (jmdS, COURT STAFF) (Filed on 9/9/2019) (Entered: 09/09/2019)

Order by Judge William H. Orrick granting 29 Motion for Pro Hac Vice by Claudia Valenzuela. (jmdS, COURT STAFF) (Filed on 9/9/2019) (Entered: 09/09/2019)

Order by Judge William H. Orrick granting 26 Motion for Pro Hac Vice by Mary Kenney. (jmdS, COURT STAFF) (Filed on 9/9/2019) (Entered: 09/09/2019)

CLERK'S NOTICE ADVANCING HEARING - Hearing as to 28 MOTION to Certify Class and Initial Case Management Conference reset for 10/1/2019 03:00 PM in San Francisco, Courtroom 02, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 9/11/2019) (Entered: 09/11/2019)

REPLY (re 28 MOTION to Certify Class ) filed byMaribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Realmuto, Trina) (Filed on 9/12/2019) (Entered: 09/12/2019)

~Util - Set Motion and Deadlines/Hearings

Clerk's Notice

Minute Entry for proceedings held before Judge William H. Orrick: Motion Hearing held on 10/1/2019 re 28 MOTION to Certify Class. Motion taken under submission; written order to follow. Further Case Management Conference set for 1/21/2020 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Case Management Statement due by 1/14/2020. Total Time in Court: 36 minutes. Court Reporter: Ruth Levine Ekhaus. (jmdS, COURT STAFF) (Date Filed: 10/1/2019) (Entered: 10/03/2019)

TRANSCRIPT ORDER for proceedings held on 10/1/2019 before Judge William H. Orrick by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale, for Court Reporter Ruth Ekhaus. (Kang, Leila) (Filed on 10/7/2019) (Entered: 10/07/2019)

TRANSCRIPT ORDER for proceedings held on 10/01/2019 before Judge William H. Orrick by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, for Court Reporter Ruth Ekhaus. (Handley, Cristen) (Filed on 10/9/2019) (Entered: 10/09/2019)

Transcript of Proceedings held on 10/01/19, before Judge William H. Orrick. Court Reporter Ruth Levine Ekhaus, RDR, FCRR, CSR No. 12219, telephone number (415)336-5223/ruth_ekhaus@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 45 Transcript Order, ) Release of Transcript Restriction set for 1/9/2020. (Related documents(s) 45 ) (rreS, COURT STAFF) (Filed on 10/11/2019) (Entered: 10/11/2019)

ORDER GRANTING CLASS CERTIFICATION by Judge William H. Orrick granting 28 Motion to Certify Class. (jmdS, COURT STAFF) (Filed on 10/15/2019) (Entered: 10/15/2019)

CORRECTED Transcript of Proceedings held on 10/1/19, before Judge William H. Orrick. Court Reporter Ruth Levine Ekhaus, RDR, FCRR, CSR No. 12219, telephone number (415)336-5223/ruth_ekhaus@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 45 Transcript Order, 44 Transcript Order ) Release of Transcript Restriction set for 1/15/2020. (Related documents(s) 45, 44 ) (rreS, COURT STAFF) (Filed on 10/17/2019) (Entered: 10/17/2019)

MOTION to Withdraw as Attorney for Plaintiffs filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. Motion Hearing set for 1/21/2020 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 12/24/2019. Replies due by 12/31/2019. (Attachments: # 1 Proposed Order)(Kang, Leila) (Filed on 12/10/2019) (Entered: 12/10/2019)

1 Proposed Order

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Order by Judge William H. Orrick granting 49 Motion to Withdraw as Attorney by Leila Kang. (jmdS, COURT STAFF) (Filed on 1/13/2020) (Entered: 01/13/2020)

CASE MANAGEMENT STATEMENT (Joint) filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Attachments: # 1 Exhibit Defs' Response to Pls First Set of ROGs, # 2 Exhibit Defs' Response to Pls First Set of RFPs)(Realmuto, Trina) (Filed on 1/14/2020) (Entered: 01/14/2020)

1 Exhibit Defs' Response to Pls First Set of ROGs

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2 Exhibit Defs' Response to Pls First Set of RFPs

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NOTICE of Appearance by Marsha S. Edney (Edney, Marsha) (Filed on 1/15/2020) (Entered: 01/15/2020)

Minute Entry for proceedings held before Judge William H. Orrick: Case Management Conference held on 1/21/2020. Motion Hearing set for 12/9/2020 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. FTR Time: 2:15-2:22. (jmdS, COURT STAFF) (Date Filed: 1/21/2020) Modified on 5/15/2020: Matter transcribed by Marla Knox. (rjdS, COURT STAFF). (Entered: 01/21/2020)

Joint MOTION for Protective Order filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Responses due by 3/5/2020. Replies due by 3/12/2020. (Attachments: # 1 Proposed Agreed Protective Order)(Handley, Cristen) (Filed on 2/20/2020) (Entered: 02/20/2020)

1 Proposed Agreed Protective Order

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ORDER RE: CHANGES TO 54 AGREED PROTECTIVE ORDER. Signed by Judge William H. Orrick on 03/06/2020. (Attachments: # 1 Exhibit A) (jmdS, COURT STAFF) (Filed on 3/6/2020) (Entered: 03/06/2020)

1 Exhibit A

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PROTECTIVE ORDER by Judge William H. Orrick granting 54 Motion for Protective Order. (jmdS, COURT STAFF) (Filed on 3/18/2020) (Entered: 03/18/2020)

Consent MOTION for Extension of Time to Complete Discovery filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration, # 2 Proposed Order)(Handley, Cristen) (Filed on 4/30/2020) (Entered: 04/30/2020)

1 Declaration

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2 Proposed Order

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Order by Judge William H. Orrick granting 57 Motion for Extension of Time to Complete Discovery. (jmdS, COURT STAFF) (Filed on 5/5/2020) (Entered: 05/05/2020)

NOTICE of Change of Address by Trina Ann Realmuto (Realmuto, Trina) (Filed on 5/5/2020) (Entered: 05/05/2020)

TRANSCRIPT ORDER for proceedings held on 1/21/2020 before Judge William H. Orrick by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, for Court Reporter FTR - San Francisco. (Handley, Cristen) (Filed on 5/15/2020) (Entered: 05/15/2020)

Transcript of Electronic Proceedings held on January 21, 2020, before Judge William H. Orrick. Court Reporter, Marla F. Knox, RPR, CRR, RMR, telephone number (602) 391-6990. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 60 Transcript Order, ) Release of Transcript Restriction set for 8/20/2020. (Related documents(s) 60 ) (mfk, COURT STAFF) (Filed on 5/22/2020) (Entered: 05/22/2020)

NOTICE of Change of Address by Mary A Kenney (Kenney, Mary) (Filed on 6/2/2020) (Entered: 06/02/2020)

STIPULATION WITH PROPOSED ORDER for Entry of Stipulated Deposition Protocol filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Realmuto, Trina) (Filed on 8/7/2020) (Entered: 08/07/2020)

Order for Entry of Stipulated Deposition Protocol by Judge William H. Orrick re: 63 Stipulation. (jmdS, COURT STAFF) (Filed on 8/10/2020) (Entered: 08/10/2020)

NOTICE of Substitution of Counsel by Matthew Charles Skurnik (Skurnik, Matthew) (Filed on 8/18/2020) (Entered: 08/18/2020)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14958153.) filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Attachments: # 1 Certificate of Good Standing - WA State, # 2 Certificate of Admission to U.S. District Court, S.D. Texas)(Lieu, Tiffany) (Filed on 9/18/2020) (Entered: 09/18/2020)

1 Certificate of Good Standing - WA State

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2 Certificate of Admission to U.S. District Court, S.D. Texas

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Order by Judge William H. Orrick granting 66 Motion for Pro Hac Vice by Tiffany Lieu. (jmdS, COURT STAFF) (Filed on 9/27/2020) (Entered: 09/27/2020)

Administrative Motion to File Under Seal filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Attachments: # 1 Unredacted Version of Administrative Motion to Seal, # 2 Declaration, # 3 Proposed Order (Redacted), # 4 Proposed Order (Unredacted), # 5 Redacted Version of Plaintiffs' Motion for Summary Judgment, # 6 Unredacted Version of Plaintiffs' Motion for Summary Judgment, # 7 Redacted Version of Index of Exhibits in Support of Plaintiffs' Motion for Summary Judgment, # 8 Unredacted Version of Index of Exhibits in Support of Plaintiffs' Motion for Summary Judgment)(Realmuto, Trina) (Filed on 9/30/2020) (Entered: 09/30/2020)

1 Unredacted Version of Administrative Motion to Seal

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2 Declaration

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3 Proposed Order (Redacted)

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4 Proposed Order (Unredacted)

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5 Redacted Version of Plaintiffs' Motion for Summary Judgment

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6 Unredacted Version of Plaintiffs' Motion for Summary Judgment

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7 Redacted Version of Index of Exhibits in Support of Plaintiffs' Motion for

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8 Unredacted Version of Index of Exhibits in Support of Plaintiffs' Motion f

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EXHIBITS re 68 Administrative Motion to File Under Seal filed byMaribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Attachments: # 1 Exhibit D, # 2 Exhibit L, # 3 Exhibit M, # 4 Exhibit O, # 5 Exhibit Q, # 6 Exhibit R, # 7 Exhibit S, # 8 Exhibit V, # 9 Exhibit W, # 10 Exhibit X, # 11 Exhibit AA, # 12 Exhibit BB, # 13 Exhibit FF, # 14 Exhibit GG)(Related document(s) 68 ) (Realmuto, Trina) (Filed on 9/30/2020) (Entered: 09/30/2020)

1 Attachments to an Administrative Motion to File Under Seal

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2

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4

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11

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MOTION for Summary Judgment filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. Motion Hearing set for 12/9/2020 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 10/21/2020. Replies due by 11/4/2020. (Attachments: # 1 Redacted Index of Exhibits in Support of Plaintiffs' Motion for Summary Judgment, # 2 Proposed Order)(Realmuto, Trina) (Filed on 9/30/2020) (Entered: 09/30/2020)

1 Redacted Index of Exhibits in Support of Plaintiffs' Motion for Summary Ju

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2 Proposed Order

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Declaration of Trina Realmuto in Support of 70 MOTION for Summary Judgment, 69 Exhibits to an Administrative Motion to File Under Seal, filed byMaribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Attachments: # 1 Declaration Zachary Nightingale (Supplemental), # 2 Declaration Matthew Hoppock, # 3 Declaration Laura St. John, # 4 Declaration Andrea Saenz, # 5 Declaration Sabrina Damast, # 6 Declaration Hans Meyer, # 7 Exhibit B - OGIS Compliance Review, # 8 Exhibit C - Ltr. from Semo, # 9 Exhibit D (filed under seal), # 10 Exhibit E - DHS Backlog Reduction Plan 2020-23, # 11 Exhibit F - Holzer Deposition Excerpts, # 12 Exhibit G - Keenan Deposition Excerpts, # 13 Exhibit H - Meckley Deposition Excerpts, # 14 Exhibit I1 - FOIA Report FY2012, # 15 Exhibit I2 - FOIA Report FY2013, # 16 Exhibit I3 - FOIA Report FY2014, # 17 Exhibit I4 - FOIA Report FY2015, # 18 Exhibit I5 - FOIA Report FY2016, # 19 Exhibit I6 - FOIA Report FY2017, # 20 Exhibit I7 - FOIA Report FY2018, # 21 Exhibit I8 - FOIA Report FY2019, # 22 Exhibit J - Defs.' Resp. to ROG 16, # 23 Exhibit K - Defs.' Resp. to ROGs 21-24, # 24 Exhibit L (filed under seal), # 25 Exhibit M (filed under seal), # 26 Exhibit N - Defs.' Resp. to RFA 11, # 27 Exhibit O (filed under seal), # 28 Exhibit P - USCIS FOIA Backlog Reduction Plan (July 2020), # 29 Exhibit Q (filed under seal), # 30 Exhibit R (filed under seal), # 31 Exhibit S (filed under seal), # 32 Exhibit T - OGIS Compliance Review of ICE, # 33 Exhibit U - Defs.' Resp. to ROGs 4-5, # 34 Exhibit V (filed under seal), # 35 Exhibit W (filed under seal), # 36 Exhibit X (filed under seal), # 37 Exhibit Y - Stmt. of Holzer before Subcommittee, # 38 Exhibit Z - Talking Points (June 2019), # 39 Exhibit AA (filed under seal), # 40 Exhibit BB (filed under seal), # 41 Exhibit CC - USCIS FOIA Backlog Reduction Project (Apr. 2020), # 42 Exhibit DD - USCIS FOIA Backlog Reduction Project (Feb. 2020), # 43 Exhibit EE - USCIS FOIA Backlog Reduction Project (July 2020), # 44 Exhibit FF (filed under seal), # 45 Exhibit GG (filed under seal))(Related document(s) 70, 69 ) (Realmuto, Trina) (Filed on 9/30/2020) (Entered: 09/30/2020)

10 Declaration in Support

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31

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CERTIFICATE OF SERVICE by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale re 69 Exhibits to an Administrative Motion to File Under Seal, 68 Administrative Motion to File Under Seal (Realmuto, Trina) (Filed on 9/30/2020) (Entered: 09/30/2020)

Application for Refund, Receipt Number 0971-14957916 by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Lieu, Tiffany) (Filed on 10/13/2020) (Entered: 10/13/2020)

Refund Status re 73 Application for Refund Approved. (rghS, COURT STAFF) (Filed on 10/16/2020) (Entered: 10/16/2020)

Cross MOTION for Summary Judgment and Opposition to 70 Plaintiffs' Motion for Summary Judgment filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Motion Hearing set for 12/9/2020 02:00 PM in To Be Determined before Judge William H. Orrick. Responses due by 11/4/2020. Replies due by 11/18/2020. (Attachments: # 1 Declaration of Cristen C. Handley, # 2 Exhibit Ex. 1 - Declaration of Tammy Meckley, # 3 Exhibit 2 - DHS Deposition Excerpts, # 4 Exhibit 3 - USCIS Deposition Excerpts, # 5 Exhibit 4 - Declaration of Fernando Pineiro, # 6 Exhibit 5 - ICE Deposition Excerpt, # 7 Exhibit 6 - Expert Declaration of Lindsay Steel, # 8 Exhibit 7 - Declaration of James Holzer, # 9 Proposed Order )(Handley, Cristen) (Filed on 10/21/2020) Modified on 10/22/2020 (mclS, COURT STAFF). (Entered: 10/21/2020)

1 Declaration Declaration of Cristen C. Handley

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2 Exhibit Ex. 1 - Declaration of Tammy Meckley

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3 Exhibit Ex. 2 - DHS Deposition Excerpts

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4 Exhibit Ex. 3 - USCIS Deposition Excerpts

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5 Exhibit Ex. 4 - Declaration of Fernando Pineiro

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6 Exhibit Ex. 5 - ICE Deposition Excerpt

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7 Exhibit Ex. 6 - Expert Declaration of Lindsay Steel

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8 Exhibit Ex. 7 - Declaration of James Holzer

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9 Proposed Order Proposed Order

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Consent MOTION for Leave to File Declarations in Support of Plaintiffs' Administrative Motion to Seal filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Cristen C. Handley, # 2 Exhibit 1 - Declaration of Fernando Pineiro, # 3 Exhibit 2 - Redacted Version of Pls.' Ex. M, # 4 Exhibit 3 - Redacted Version of Pls.' Ex. Q, # 5 Exhibit 4 - Redacted Version of Pls.' Ex. R, # 6 Exhibit 5 - Redacted Version of Pls. Ex. S, # 7 Exhibit 6 - Redacted Version of Pls.' Ex. V, # 8 Exhibit 7 - Redacted Version of Pls.' Ex. W, # 9 Exhibit 8 - Redacted Version of Pls.' Ex. X, # 10 Exhibit 9 - Redacted Version of Pls.' Ex. BB, # 11 Exhibit 10 - Redacted Version of Pls.' Ex. FF, # 12 Exhibit 11 - Redacted Version of Pls.' Ex. GG, # 13 Proposed Order)(Handley, Cristen) (Filed on 10/27/2020) Modified on 10/28/2020 (slhS, COURT STAFF). (Entered: 10/27/2020)

1 Declaration of Cristen C. Handley

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2 Exhibit 1 - Declaration of Fernando Pineiro

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3 Exhibit 2 - Redacted Version of Pls.' Ex. M

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4 Exhibit 3 - Redacted Version of Pls.' Ex. Q

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5 Exhibit 4 - Redacted Version of Pls.' Ex. R

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6 Exhibit 5 - Redacted Version of Pls. Ex. S

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7 Exhibit 6 - Redacted Version of Pls.' Ex. V

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8 Exhibit 7 - Redacted Version of Pls.' Ex. W

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9 Exhibit 8 - Redacted Version of Pls.' Ex. X

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10 Exhibit 9 - Redacted Version of Pls.' Ex. BB

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11 Exhibit 10 - Redacted Version of Pls.' Ex. FF

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12 Exhibit 11 - Redacted Version of Pls.' Ex. GG

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13 Proposed Order

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ORDER GRANTING UNOPPOSED 76 MOTION FOR LEAVE TO FILE DECLARATIONS IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION TO SEAL by Judge William H. Orrick. (jmdS, COURT STAFF) (Filed on 10/28/2020) (Entered: 10/28/2020)

Second Administrative Motion to File Under Seal filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Plaintiffs' Opposition and Reply - Redacted, # 4 Plaintiffs' Opposition and Reply - Unredacted)(Realmuto, Trina) (Filed on 11/4/2020) (Entered: 11/04/2020)

1 Declaration

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2 Proposed Order

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3 Plaintiffs' Opposition and Reply - Redacted

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4 Plaintiffs' Opposition and Reply - Unredacted

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OPPOSITION/RESPONSE (re 70 MOTION for Summary Judgment, 75 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment ) and Reply in Support of Plaintiffs' Motion for Summary Judgment filed byMaribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Realmuto, Trina) (Filed on 11/4/2020) (Entered: 11/04/2020)

CERTIFICATE OF SERVICE by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale re 79 Opposition/Response to Motion, 78 Second Administrative Motion to File Under Seal (Realmuto, Trina) (Filed on 11/4/2020) (Entered: 11/04/2020)

OPPOSITION/RESPONSE (re 78 Second Administrative Motion to File Under Seal ) filed byU.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Handley, Cristen) (Filed on 11/9/2020) (Entered: 11/09/2020)

REPLY in Support (re 75 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment ) filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration Declaration of Cristen C. Handley, # 2 Declaration Ex. 8 - Second Declaration of Fernando Pineiro, # 3 Declaration Ex. 9 - Second Declaration of Tammy Meckley, # 4 Exhibit Ex. 10 - ICE 30(b)(6) Deposition Excerpts, # 5 Exhibit Ex. 11 - USCIS 30(b)(6) Deposition Excerpt)(Handley, Cristen) (Filed on 11/18/2020) (Entered: 11/18/2020)

1 Declaration Declaration of Cristen C. Handley

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2 Declaration Ex. 8 - Second Declaration of Fernando Pineiro

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3 Declaration Ex. 9 - Second Declaration of Tammy Meckley

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4 Exhibit Ex. 10 - ICE 30(b)(6) Deposition Excerpts

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5 Exhibit Ex. 11 - USCIS 30(b)(6) Deposition Excerpt

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Consent ADMINISTRATIVE MOTION to Divide Time Between DOJ Counsel During MSJ Hearing filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Responses due by 12/7/2020. (Attachments: # 1 Declaration Declaration of Cristen C. Handley, # 2 Proposed Order Proposed Order)(Handley, Cristen) (Filed on 12/3/2020) (Entered: 12/03/2020)

1 Declaration Declaration of Cristen C. Handley

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2 Proposed Order Proposed Order

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ORDER ON DEFENDANTS UNOPPOSED MOTION REGARDING HEARING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT by Judge William H. Orrick granting 83 Administrative Motion. (jmdS, COURT STAFF) (Filed on 12/3/2020) (Entered: 12/03/2020)

CLERKS NOTICE SETTING ZOOM HEARING. Today's Motion Hearing set for 02:00 PM will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcast ing of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 12/9/2020) (Entered: 12/09/2020)

Minute Entry for proceedings held before Judge William H. Orrick: Motion Hearing held on 12/9/2020. Motions taken under submission; written order to follow. Total Time in Court: 1 hour, 5 minutes. Court Reporter: Ana Dub. (jmdS, COURT STAFF) (Date Filed: 12/9/2020) (Entered: 12/09/2020)

Clerk's Notice Setting Zoom Hearing

TRANSCRIPT ORDER for proceedings held on 12/9/2020 before Judge William H. Orrick by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, for Court Reporter Ana Dub. (Skurnik, Matthew) (Filed on 12/11/2020) (Entered: 12/11/2020)

TRANSCRIPT ORDER for proceedings held on 12/09/2020 before Judge William H. Orrick by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale, for Court Reporter Ana Dub. (Adams, Matthew) (Filed on 12/14/2020) (Entered: 12/14/2020)

ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF PLAINTIFFS FOR DECLARATORY AND INJUNCTIVE RELIEF; GRANTING MOTIONS TO SEAL by Judge William H. Orrick. Case Management Statement due by 3/30/2021. Further Case Management Conference set for 4/6/2021 02:00 PM in San Francisco, Courtroom 02, 17th Floor. (jmdS, COURT STAFF) (Filed on 12/17/2020) (Entered: 12/17/2020)

JUDGMENT. Signed by Judge William H. Orrick on 12/17/2020. (jmdS, COURT STAFF) (Filed on 12/17/2020) (Entered: 12/17/2020)

STIPULATION WITH PROPOSED ORDER to Extend the Deadline Under Rule 54(d) for Plaintiffs' Submission of Attorneys' Fees Motion filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Realmuto, Trina) (Filed on 12/21/2020) (Entered: 12/21/2020)

Order to Extend the Deadline by Judge William H. Orrick granting 91 Stipulation. (jmdS, COURT STAFF) (Filed on 12/21/2020) (Entered: 12/21/2020)

Transcript of Remote Zoom Video Conference Proceedings held on 12/9/2020, before Judge William H. Orrick, III. Court Reporter Ana M. Dub, CSR 7445, RDR, CRR, telephone number 415-290-1651; ana_dub@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 87 Transcript Order, ) Release of Transcript Restriction set for 3/22/2021. (Related documents(s) 87 ) (rjdS, COURT STAFF) (Filed on 12/21/2020) (Entered: 01/08/2021)