Case: State of California v. U.S. Department of Homeland Security

4:19-cv-04975 | U.S. District Court for the Northern District of California

Filed Date: Aug. 16, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is one of several brought nationwide by States, counties, and nonprofit organizations challenging the Trump administration's revised, final public charge rule, which expands the types of programs that the federal government will consider in public charge determinations to now also include previously excluded health, nutrition, and housing programs. In the fall of 2019, district court judges from across the countries granted preliminary injunctions enjoining the government from impleme…

This case is one of several brought nationwide by States, counties, and nonprofit organizations challenging the Trump administration's revised, final public charge rule, which expands the types of programs that the federal government will consider in public charge determinations to now also include previously excluded health, nutrition, and housing programs. In the fall of 2019, district court judges from across the countries granted preliminary injunctions enjoining the government from implementing the public charge rule. But after multiple Circuit Courts and the Supreme Court issued stays of these injunctions, the public charge rule was implemented by the government on February 24, 2020. The District Court in this case issued a preliminary injunction enjoining implementation of the public charge rule and the Ninth Circuit affirmed the injunction. However, the order affirming the injunction is currently stayed pending the Supreme Court's disposition on petitions for review from cases in the Second and Seventh Circuits. On February 2, 2021, President Biden issued an Executive Order calling for DHS to review agency actions related to the implementation of the public charge rule. A little over a month later on March 9, 2021, DHS officially abandoned the rule and the petitions for certiorari were voluntarily dismissed by the government.

California, Maine, Oregon, Pennsylvania and D.C. Sue Over the Public Charge Rule

On August 16, 2019, the states of California, Maine, Oregon, and Pennsylvania along with the District of Columbia filed this suit in the United States District Court for the Northern District of California. The plaintiffs sued the Department of Homeland Security (DHS) and its acting secretary, in his official capacity, and United States Citizenship and Immigration Services (USCIS) and its acting secretary, in his official capacity, under the Administrative Procedure Act (APA). The plaintiffs sought relief to declare the Department of Homeland Security’s Final Rule (the Rule) vacated due to violations of the APA and the Equal Protection Clause of the Fifth Amendment. The plaintiffs sought injunctive relief enjoining the defendants from implementing the Rule. The case was initially assigned to Magistrate Judge Jacqueline Scott Corley.

On August 14, 2019, the DHS published a revised, final public charge rule, which defines personal circumstances that affect the ability of individuals and their families to successfully enter the U.S. or acquire legal permanent resident status (i.e., get a green card). The final rule increases the types of programs that the federal government will consider in public charge determinations to now also include previously excluded health, nutrition, and housing programs. The Immigration and Nationality Act provides that if an immigration officer finds that a person seeking a visa is likely to become a public charge, that person is “inadmissible.” Thus, an immigrant who uses non-cash benefits such as food stamps or Medicaid, or is deemed likely to receive them in the future, may be found more likely to be a public charge and inadmissible for purposes of a visa or green card application. According to a New York Times article, the new standards would directly affect about 1.2 million applicants annually, primarily immigrants from Africa and Latin America. The rule was initially set to be implemented on October 15, 2019.

The plaintiffs claimed that the Rule is unlawful because it was enacted contrary to the meaning of statutory terms in the Immigration and Nationality Act (INA), the Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA), the Rehabilitation Act, and the plaintiffs' statutory option to provide healthcare and nutrition benefits to the affected immigrants. The plaintiffs also asserted that the Rule is arbitrary and capricious because defendants "relied on factors that Congress did not intend, failed to consider important aspects of the problem the agency is addressing, and has offered no explanation for the Rule that is consistent with the evidence that is before the agency." Finally, the plaintiffs contended that the Rule violates the Equal Protection Clause of the Fifth Amendment because it was "motivated by improper discriminatory intent and bias against non-White immigrants" and because defendants "adopted it to harm a politically unpopular group and advance unconstitutional animus."

The plaintiffs further contended that the Rule will cause plaintiffs to lose federal funds as immigrants disenroll from affected programs. They also asserted that the Rule, by causing confusion and fear in immigrant communities, will impose significant administrative costs and disrupt health and social services systems. Lastly, the plaintiffs proclaimed that the negative health outcomes that will result from the Rule will ultimately be paid for by the plaintiffs.

The Plaintiffs Seek A Nationwide Injunction

On August 26, 2019, the plaintiffs filed a motion for preliminary injunction, seeking a nationwide injunction, or, alternatively, an injunction limited to the five plaintiff states and the District of Columbia, enjoining the defendants from implementing and enforcing the Rule. The plaintiffs argued that a preliminary injunction was appropriate because of their likely success on the merits and that absent an injunction, the plaintiffs will suffer irreparable harm. The plaintiffs also asserted that a nationwide injunction was necessary, as a "five-state injunction would compound confusion (and concomitant harms) for any immigrant who moves back and forth between Plaintiff States and other jurisdictions."

The court issued an order on August 27, 2019, relating the current case with City and County of San Francisco v. U.S. Citizenship and Immigration Services (IM-CA-0156), another case challenging the validity of the Rule under the APA. The case was reassigned to District Court Judge Phyllis J. Hamilton.

In their opposition to the plaintiffs' motion for preliminary injunction filed on September 13, 2019, the defendants argued that the plaintiffs have "no basis for turning their abstract policy disagreement with the Executive Branch into a nationwide injunction." The defendants asserted that, in speculating that the Rule will result in economic harms, the plaintiffs have not met their burden in establishing standing. Furthermore, the defendants contended that the Rule is not unlawful, as it "reflects Congress’s delegation of broad authority to the Executive Branch concerning the meaning of 'public charge'" and was "the product of a well-reasoned process that considered the plain text of the statute, legislative intent, statistical evidence, and the substance of hundreds of thousands of comments submitted by the public."

The District Court Grants a Preliminary Injunction

Following a hearing on October 2, 2019, on October 11, 2019, Judge Hamilton issued an order granting the plaintiffs' motion for preliminary injunction. 408 F.Supp.3d 1057. Judge Hamilton concluded that a preliminary injunction was appropriate because the plaintiffs were likely to succeed on the merits and would be irreparably harmed absent an injunction. However, Judge Hamilton did not grant the plaintiffs' request to enjoin the implementation of the Rule nationwide. Because the plaintiffs did not establish "the necessity of such relief," the scope of the injunction was limited to California, Oregon, the District of Columbia, Maine, and Pennsylvania.

The defendants filed a motion for stay of injunction pending appeal to the Ninth Circuit on October 25, 2019. Defendants argued that they are likely to succeed on appeal because the plaintiffs lacked standing and did not fall within the zone of interests of the relevant statute. Defendants also contended that, because they would be "forced to grant lawful permanent residence (“LPR”) status to aliens likely to become public charges at any time under the Rule," they would suffer irreparable harm in the absence of a stay as their interest in "ensuring that 'aliens be self-reliant'" would be affected.

On October 30, 2019, the defendants filed an appeal of the order for preliminary injunction to the Ninth Circuit. The appeal was docketed the next day (Docket No. 19-17214).

In the Ninth Circuit, on November 15, 2019, the defendants filed an emergency motion for a stay pending appeal. The defendants' arguments before the Ninth Circuit mirrored the arguments they put forth in their motion to stay in the district court.

The Ninth Circuit Stays the Preliminary Injunction

On December 5, 2019, a Ninth Circuit panel (Circuit Judges Jay Bybee, Sandra Ikuta, and John Owens) issued an order and opinion granting the defendants' emergency motion to stay the district court's injunction. 944 F.3d 773. The panel also granted a stay of a nationwide injunction enjoining the defendants from implementing the Rule that was issued by the United States District Court for the Eastern District of Washington (State of Washington v. U.S. Department of Homeland Security). The panel first concluded that the plaintiffs had standing and that the motion was not moot, despite nationwide injunctions put in place by district courts in Maryland and New York. Next, the panel found that the defendants demonstrated a strong likelihood of success on the merits of their claims that the Rule's definition of public charge was consistent with the relevant statutes and not arbitrary or capricious. Finally, the panel determined that the defendants had adequately explained the reasons for the Rule, that they would suffer irreparable harm absent a stay, and that, despite potential harms to the plaintiffs, these factors weighed in favor of granting a stay.

Judge Bybee concurred, and wrote a separate opinion to note that "no one should mistake the court’s judgments for its policy preferences" and that it was time for Congress to weigh in on recent immigration debates instead of leaving them for the courts to decide.

Judge Owens concurred with the majority's jurisdiction analysis but would have denied the defendants' motions to stay, in light of: "(1) government’s heavy burden due to the standard of review, (2) opaqueness of the legal questions before the court, (3) lack of irreparable harm to the government at this early stage, (4) likelihood of substantial injury to the plaintiffs, and (5) equities involved."

In light of the Ninth Circuit's order, Judge Hamilton terminated the defendants' district court motion to stay the injunction on December 6, 2019.

On December 19, 2019, the plaintiffs filed a motion for reconsideration of the Ninth Circuit's order granting stay of the preliminary injunction.

The Supreme Court Stays All Nationwide Injunctions Enjoining Implementation of the Public Charge Rule

On January 27, 2020, the Supreme Court, in State of New York, issued a stay on all nationwide injunctions enjoining the defendants from implementing the Rule. 140 S.Ct. 599. Following this decision, the defendants indicated that the Rule would be implemented and enforced starting February 24, 2020.

The Plaintiffs Seek the Administrative Record

Two days later the plaintiffs filed a motion in the district court seeking to compel the defendants to complete the administrative record (AR) and requesting leave to take discovery in support of their Equal Protection claims. The plaintiffs alleged that the AR provided by the defendants was inadequate, lacking key documents "critical to the Court’s evaluation of how the Rule departs from prior policy and practice."

On February 18, 2020, the Ninth Circuit panel voted to deny the plaintiffs' motion for reconsideration. Judge Bybee and Judge Ikuta voted to deny the motion and Judge Owens voted to grant the motion.

On April 1, 2020, Judge Hamilton granted in part and denied in part the plaintiffs' motion to complete the AR and compel discovery on their equal protection claim. 2020 WL 1557424. Judge Hamilton concluded that plaintiffs had rebutted the presumption of a complete AR and were thus entitled to documents concerning "inter-agency communications providing comments to DHS" about the Rule. Moreover, Judge Hamilton found that plaintiffs' constitutional claim existed outside of their APA claim, and thus discovery on the claim was appropriate.

District Court Grants in Part, Denies in Part Motion to Dismiss

On April 22, 2020, the defendants filed a motion to dismiss the complaint for failure to state a plausible claim. Defendants asserted that the complaint should be dismissed in light of the Ninth Circuit's ruling that "the Rule falls well within the Executive Branch’s discretion to interpret and implement the public charge inadmissibility provision in the INA and is not arbitrary or capricious," because the plaintiffs lack jurisdiction, and because the complaint included "no well-pled allegation that DHS issued the Rule based on any improper discriminatory motive."

On August 3, 2020 the district court granted in part and denied in part defendants' motion to dismiss. 476 F. Supp. 3d 994. Judge Hamilton denied that plaintiffs lacked jurisdiction, but granted dismissal of the claims relating to the Rehabilitation Act, state healthcare discretion, and Fifth Amendment Equal Protection. The first and fourth claims of the complaint, relating to violation of the INA and allegations of being arbitrary and capricious, were deferred pending the ruling on the preliminary injunction in the Ninth Circuit.

Ninth Circuit Affirms the Preliminary Injunction, But the Order is Stayed

On September 15, 2020, the Ninth Circuit heard arguments for the district court's stayed preliminary injunction with a new panel of judges (Circuit Judges Mary Schroeder, William Fletcher, and Lawrence VanDyke). On December 2, 2020, citing recent other circuit court decisions, it issued an order and a 2-1 opinion affirming the injunction, but vacated the nationwide application of the State of Washington v. U.S. Department of Homeland Security injunction. 981 F.3d 742. Writing for the majority, Judge Schroeder first concluded that the plaintiffs had standing because they were suffering financial harm from immigrants shifting to state and local aid. Next, she found that the plaintiffs demonstrated a high likelihood of success on the merits of their claims that the Rule's definition of public charge was inconsistent with a reasonable interpretation of the statute and was arbitrary and capricious. She also found that the remaining preliminary injunction factors favored the plaintiffs. Finally, she determined that the nationwide injunction was not appropriate because identical injunctions had been and were still being litigated in other federal district and circuit courts.

Judge VanDyke dissented from the majority's analysis for the same reasons as the December 5, 2019 decision, citing the Supreme Court's stays from January, a dissenting opinion from a similar ruling in the Seventh Circuit (962 F.3d 208), and a contrary ruling from the Fourth Circuit (971 F.3d 220).

On December 16, 2020, DHS requested a stay of the Ninth Circuit's affirming order pending the Supreme Court's disposition on petitions for review from the Second and Seventh Circuits. Since the other parties did not dispute it, Judge Hamilton granted the request on December 17, as did the Ninth Circuit panel on January 20, 2021. The new public charge rule was to remain in effect until the Supreme Court ruled on the petitions.

The Rule is Officially Abandoned and Vacated

On February 2, 2021, President Biden issued an Executive Order calling for DHS to review agency actions related to the implementation of the public charge rule.

On March 9, 2021, DHS formally abandoned the rule. The government voluntarily dismissed its appeal to the Seventh Circuit, lifting the stay of the Northern District of Illinois' November 2, 2020 decision vacating the Public Charge Final Rule nationwide from (Cook County v. Wolf). That same day, at all parties' requests, the Supreme Court dismissed the pending petition for Cook County, as well as similar petitions for the Ninth (City and County of San Francisco v. USCIS) and Second (New York v. DHS) Circuits.

On March 10, eleven state attorneys general, led by Ken Paxton of Texas, moved to intervene as defendants in the Ninth Circuit. They filed similar motions in the Seventh and Fourth Circuits, and a day later on March 11, they filed an emergency application to the Supreme Court to intervene on behalf of the government and stay the judgment from Cook County.

On April 9, 2021 the Ninth Circuit ruled 2-1 to deny the motion to intervene without an opinion. 2021 WL 1310846. However, Judge Vandyke wrote a lengthy dissent, arguing that the Biden administration was now colluding with the plaintiffs in the Public Charge lawsuits, making their interests at odds with the interests of the states who were seeking to intervene. He explained that this case was clearly still worth pursuing, since it had sufficient merit to warrant Supreme Court review and the government was circumventing APA requirements. Moreover, even though the Rule had been vacated, there was still a chance the Supreme Court may reverse that decision, making this lawsuit not yet moot.

As of April 15, 2021, the Public Charge Final Rule has been abandoned and vacated nationwide. The parties are currently conferring on how this will impact litigation. The case is ongoing.

Summary Authors

Aaron Gurley (3/8/2020)

Jack Kanarek (4/15/2021)

Related Cases

City and County of San Francisco v. U.S. Citizenship and Immigration Services, Northern District of California (2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16068770/parties/state-of-california-v-us-department-of-homeland-security/


Judge(s)

Bybee, Jay S. (Nevada)

Fletcher, William A. (California)

Hamilton, Phyllis Jean (California)

Ikuta, Sandra Segal (California)

Owens, John Byron (California)

Schroeder, Mary Murphy (Arizona)

VanDyke, Lawrence James Christopher (Nevada)

Attorneys(s) for Plaintiff

Alikhan, Loren L. (District of Columbia)

Becerra, Xavier (California)

Bonilla, Jennifer C (California)

Judge(s)

Bybee, Jay S. (Nevada)

Fletcher, William A. (California)

Hamilton, Phyllis Jean (California)

Ikuta, Sandra Segal (California)

Owens, John Byron (California)

Schroeder, Mary Murphy (Arizona)

VanDyke, Lawrence James Christopher (Nevada)

Attorneys(s) for Plaintiff

Alikhan, Loren L. (District of Columbia)

Becerra, Xavier (California)

Bonilla, Jennifer C (California)

Cisneros, Lisa Janine (California)

Davis, Ethan P. (District of Columbia)

DeFever, Jeanne Nicole (Oregon)

Downer, William H. (California)

Fischer, Michael J. (Pennsylvania)

Fretz, Rebekah A (California)

Fretz [inactive], Rebekah A. (California)

Frey, Aaron M (Maine)

Gutman, Benjamin N. (Oregon)

Herman, Susan P. (Maine)

Kolsky, Joshua (District of Columbia)

Kron, Michael (Oregon)

Lehe, Katherine M (California)

Malouff, Marissa (California)

Mass, Julia Harumi (California)

Mass [inactive], Julia Harumi (California)

Melton, Cherokee Dawn−Marie (California)

Nannery, Valerie M (District of Columbia)

Nevitt, Alacoque Hinga (District of Columbia)

Newman, Michael L. (California)

Racine, Karl A. (District of Columbia)

Rich, Anna Margaret (California)

Rincon, Patricia Garcia (Oregon)

Rock, Jimmy (District of Columbia)

Rosenblum, Ellen F. (Oregon)

Shapiro, Joshua D. (Pennsylvania)

Thomson, Aimee D (Pennsylvania)

Velasco, Anita Garcia (California)

Verduzco, Brenda Ayon (California)

Zamora, R. Erandi (District of Columbia)

Attorneys(s) for Defendant

Dos Santos, Joshua (District of Columbia)

Sinzdak, Gerard (District of Columbia)

Soskin, Eric J. (District of Columbia)

Tenny, Daniel (District of Columbia)

Other Attorney(s)

Arora, Priyamvada (California)

Assi, Christina Maria (California)

Bailey, Regan (District of Columbia)

Bernstein, Erin Brianna (California)

Cadena, Christopher (California)

Carter, Margaret L. (California)

Chan, Denny W. (California)

Cohen, Andrew Paul (Massachusetts)

DeFilipp, Kristyn (Massachusetts)

Dennehy, Johanna S. (District of Columbia)

Dermody, Kelly M. (California)

Doi, Kathryn Ellen (California)

Escoriaza, Phillip A. (District of Columbia)

Espiritu, Nicholas David (California)

Evans, Sue Ann Salmon (California)

Frisina, Christopher J (District of Columbia)

Gardner, Debra (Maryland)

Goldstein, Dax Luce (California)

Goldstein [inactive], Danielle L (California)

Gonzales, Michelle Roberts (California)

Hirschhorn, Russell L. (New York)

Hughes, Paul W. (District of Columbia)

Huseny, Sadik Harry (California)

Kasdan, Diana (New York)

Kean, Natalie Elise (District of Columbia)

Krumplitsch, Susan Marie (California)

Kuwahara, Emily Tomoko (California)

Lauridsen, Robert Adam (California)

Letter, Douglas (District of Columbia)

Levin-Gesundheit, Michael (California)

London, Andrew M. (Massachusetts)

Lowe, Justin Jonathan (Massachusetts)

Marotta, Sean (District of Columbia)

Masters, Owen (District of Columbia)

Nash, Emily Joanne (Massachusetts)

Nelson, Ariel (Massachusetts)

Parmet, Wendy Ellen (Massachusetts)

Pervine, Amanda (District of Columbia)

Peterson, Alanna E. (Washington)

Ray, Sarah M. (California)

Reider, Nicholas A. (California)

Revesz, Richard L. (New York)

Springer, Christian (District of Columbia)

Stameshkin, Elizabeth L. (California)

Sutta, Austin Joan (California)

Thacher, Frances Cheston (California)

Waters, Edward T. (District of Columbia)

Wydra, Elizabeth B. (District of Columbia)

Documents in the Clearinghouse

Document

Docket

Feb. 3, 2021 Docket
1

Complaint for Declaratory and Injunctive Relief

Aug. 16, 2019 Complaint
120

Preliminary Injunction

408 F.Supp.3d 1057

Oct. 11, 2019 Order/Opinion
39

Order

U. S. Court of Appeals for the Ninth Circuit

944 F.3d 773

Dec. 5, 2019 Order/Opinion
159

Order Granting in Part and Denying in Part Motions to Complete the Record and Granting Motions to Compel Discovery

2020 WL 1557424

April 1, 2020 Order/Opinion
180

Order Granting in Part, Denying in Part, and Deferring Ruling in Part on Motion to Dismiss

476 F.Supp.3d 994

Aug. 3, 2020 Order/Opinion
137

Opinion

City and County of San Francisco v. United States Citizenship and Immigration Services

U. S. Court of Appeals for the Ninth Circuit

981 F.3d 742

Dec. 2, 2020 Order/Opinion
139

Order

City and County of San Francisco v. United States Citizenship and Immigration Services

U. S. Court of Appeals for the Ninth Circuit

Jan. 20, 2021 Order/Opinion

Resources

Title Description External URL

Executive Order 13768: Enhancing Public Safety in the Interior of the United States

President Donald Trump

Jan. 25, 2017 https://www.gpo.gov/fdsys/pkg/FR-2017-01-30/pdf/2017-02102.pdf

Executive Order 14012: Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans

President Joseph Biden

Feb. 5, 2021 https://www.govinfo.gov/content/pkg/FR-2021-02-05/pdf/2021-02563.pdf

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16068770/state-of-california-v-us-department-of-homeland-security/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT For Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400, receipt number 0971-13617881.). Filed byState of California. (Rich, Anna) (Filed on 8/16/2019) (Entered: 08/16/2019)

Aug. 16, 2019 RECAP

~Util - Case Assigned by Intake

Aug. 16, 2019 PACER
2

Civil Cover Sheet by State of California . (Rich, Anna) (Filed on 8/16/2019) (Entered: 08/16/2019)

Aug. 16, 2019 PACER
3

Case assigned to Magistrate Judge Jacqueline Scott Corley. 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 8/30/2019. (as, COURT STAFF) (Filed on 8/16/2019) (Entered: 08/16/2019)

Aug. 16, 2019 PACER
4

Proposed Summons. (Rich, Anna) (Filed on 8/16/2019) (Entered: 08/16/2019)

Aug. 16, 2019 PACER
5

NOTICE of Appearance by Valerie Maria Nannery (Nannery, Valerie) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019 RECAP
6

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/7/2019. Initial Case Management Conference set for 11/14/2019 01:30 PM in San Francisco, Courtroom F, 15th Floor. (msrS, COURT STAFF) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019 RECAP
7

Summons Issued as to Kevin McAleenan. (msrS, COURT STAFF) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019 RECAP
8

Summons Issued as to U.S. Citizenship and Immigration Services. (msrS, COURT STAFF) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019 RECAP
9

Summons Issued as to U.S. Department of Homeland Security. (msrS, COURT STAFF) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019 RECAP
10

Summons Issued as to Kenneth T. Cuccinelli. (msrS, COURT STAFF) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019 RECAP
11

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13624677.) filed by Commonwealth of Pennsylvania. (Thomson, Aimee) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019 RECAP
12

NOTICE of Appearance by Brenda Ayon Verduzco (Ayon Verduzco, Brenda) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019 RECAP
13

NOTICE of Appearance by Lisa Janine Cisneros FOR THE STATE OF CALIFORNIA (Cisneros, Lisa) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019 RECAP
14

NOTICE of Appearance by Jeanne Nicole DeFever on behalf of State of Oregon (DeFever, Jeanne) (Filed on 8/20/2019) (Entered: 08/20/2019)

Aug. 20, 2019 RECAP
15

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13629711.) filed by State of Maine. (Herman, Susan) (Filed on 8/20/2019) (Entered: 08/20/2019)

Aug. 20, 2019 RECAP
16

NOTICE of Appearance by William Hawthorne Downer (Downer, William) (Filed on 8/21/2019) (Entered: 08/21/2019)

Aug. 21, 2019 RECAP
17

MOTION for Preliminary Injunction filed by State of California. Motion Hearing set for 10/3/2019 09:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 9/9/2019. Replies due by 9/16/2019. (Attachments: # 1 Proposed Order)(Rich, Anna) (Filed on 8/26/2019) (Entered: 08/26/2019)

1 Proposed Order

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Aug. 26, 2019 PACER
18

Appendix re 17 MOTION for Preliminary Injunction filed byState of California. (Attachments: # 1 Declaration Declaration of Jennifer Van Hook, Declaration of Ninez Ponce, Declaration of Laurel Lucia, and Declaration of Tom K. Wong, # 2 Declaration Declarations of Sarah Neville-Morgan, Susan Fanelli, Charity Dean, Doug McKeever, Kevin Kish, Mari Cantwell, Alexis Carmen Fernandez, Debbi Thomson, M. Marcela Ruiz, Sasha R. Kergan, Jennifer Hernandez, John D. Stobo, # 3 Declaration Declarations of Wilma Chan, Colleen Chawla, Carmela Coyle, David H. Aizuss, Antonia Jimenez, Barbara Ferrer, Pia Escudero, Lori Medina, Gary Gray, and Jodi Hicks, # 4 Declaration Declarations of Cathy Buhrig, Colt Gill, Fariborz Pakseresht, Margaret Solle Salazar, Patrick Allen, Michelle Probert, Anthony Pelotte, Mila Kofman, Melisa Byrd, and Lindsey Palmer)(Related document(s) 17 ) (Rich, Anna) (Filed on 8/26/2019) (Entered: 08/26/2019)

1 Declaration Declaration of Jennifer Van Hook, Declaration of Ninez Ponce, Declar

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2 Declaration Declarations of Sarah Neville-Morgan, Susan Fanelli, Charity Dean, D

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3 Declaration Declarations of Wilma Chan, Colleen Chawla, Carmela Coyle, David H.

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4 Declaration Declarations of Cathy Buhrig, Colt Gill, Fariborz Pakseresht, Margar

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Aug. 26, 2019 RECAP
19

ADMINISTRATIVE MOTION Administrative Motion to Exceed Applicable Page Limits re 17 MOTION for Preliminary Injunction filed by State of California. Responses due by 8/30/2019. (Attachments: # 1 Declaration, # 2 Proposed Order)(Rich, Anna) (Filed on 8/26/2019) (Entered: 08/26/2019)

1 Declaration

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2 Proposed Order

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Aug. 26, 2019 RECAP
20

Declaration of Lisa Cisneros in Support of 17 MOTION for Preliminary Injunction filed byState of California. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB)(Related document(s) 17 ) (Cisneros, Lisa) (Filed on 8/27/2019) (Entered: 08/27/2019)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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23 Exhibit W

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24 Exhibit X

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25 Exhibit Y

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26 Exhibit Z

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27 Exhibit AA

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28 Exhibit BB

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Aug. 27, 2019 PACER

Clerk's Notice of Impending Reassignment - Text Only

Aug. 27, 2019 PACER
21

CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge by 9/10/2019. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. ((ahm, COURT STAFF) (Filed on 8/27/2019) (Entered: 08/27/2019)

Aug. 27, 2019 RECAP
22

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by State of California.. (Rich, Anna) (Filed on 8/27/2019) (Entered: 08/27/2019)

Aug. 27, 2019 RECAP
23

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. (ahm, COURT STAFF) (Filed on 8/27/2019) (Entered: 08/27/2019)

Aug. 27, 2019 PACER
24

ORDER RELATING CASE. Case C-19-4975 is related to case C-19-4717-PJH. Case reassigned to Judge Phyllis J. Hamilton for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to the case. Signed by Judge Phyllis J. Hamilton on 8/27/19. (kcS, COURT STAFF) (Filed on 8/27/2019) (Entered: 08/27/2019)

Aug. 27, 2019 RECAP
25

MOTION for leave to appear in Pro Hac Vice re: Michael Kron ( Filing fee $ 310, receipt number 0971-13653724.) filed by State of Oregon. (DeFever, Jeanne) (Filed on 8/27/2019) Modified on 8/28/2019 (ajsS, COURT STAFF). (Entered: 08/27/2019)

Aug. 27, 2019 PACER
26

CERTIFICATE OF SERVICE by State of California re 1 Complaint (Rich, Anna) (Filed on 8/27/2019) (Entered: 08/27/2019)

Aug. 27, 2019 PACER
27

ORDER by Judge Phyllis J. Hamilton granting 11 Motion for Pro Hac Vice as to Aimee Diane Thomson. (kcS, COURT STAFF) (Filed on 8/28/2019) (Entered: 08/28/2019)

Aug. 28, 2019 PACER

Electronic Filing Error

Aug. 28, 2019 PACER
28

ORDER by Judge Phyllis J. Hamilton granting 15 Motion for Pro Hac Vice Susan P. Herman. (kcS, COURT STAFF) (Filed on 8/28/2019) (Entered: 08/28/2019)

Aug. 28, 2019 PACER

Electronic filing error. First page requires case number regarding 26 Certificate of Service filed by State of California. Please review Local Rule 3-4 for first page require ments. The document does not been to be refiled, but counsel should comply for all future filings. No further action is necessary. (ajsS, COURT STAFF) (Filed on 8/28/2019)

Aug. 28, 2019 PACER
29

NOTICE by State of California re 17 MOTION for Preliminary Injunction (Rich, Anna) (Filed on 8/28/2019) (Entered: 08/28/2019)

Aug. 28, 2019 RECAP
30

CERTIFICATE OF SERVICE by State of California re 17 MOTION for Preliminary Injunction (Rich, Anna) (Filed on 8/28/2019) (Entered: 08/28/2019)

Aug. 28, 2019 PACER
31

NOTICE of Appearance by Cherokee Dawn-Marie Melton for Plaintiff State of California (Melton, Cherokee) (Filed on 8/28/2019) (Entered: 08/28/2019)

Aug. 28, 2019 PACER

Set/Reset Deadlines as to 17 MOTION for Preliminary Injunction. Motion Hearing set for 10/2/2019 at 09:00 AM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. (kcS, COURT STAFF) (Filed on 8/28/2019)

Aug. 28, 2019 PACER
32

ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 11/7/2019. Initial Case Management Conference set for 11/14/2019 at 02:00 PM in Oakland, Courtroom 3, 3rd Floor. Signed by Judge Phyllis J. Hamilton on 8/29/19. (kcS, COURT STAFF) (Filed on 8/29/2019) (Entered: 08/29/2019)

Aug. 29, 2019 RECAP

Set Motion and Deadlines/Hearings

Aug. 29, 2019 PACER
33

RESPONSE in Support of Judicial Referral for Purpose of Determining Relationship of Cases by La Clinica De La Raza, California Primary Care Association, Maternal and Child Health Access, Farmworker Justice, Council on American Islamic Relations-California, AFRICAN COMMUNITIES TOGETHER, Legal Aid Society of San Mateo County, Central American Resource Center, Korean Resource Center. (Attachments: # 1 Exhibit Referral for Purpose of Determining Relationship, # 2 Exhibit Order Directing Parties to File Response, # 3 Exhibit As filed Response iso Judicial Referral for Purposes of Determ Relationship of Cases)(Espiritu, Nicholas) (Filed on 8/29/2019) (Entered: 08/29/2019)

1 Exhibit Referral for Purpose of Determining Relationship

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2 Exhibit Order Directing Parties to File Response

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3 Exhibit As filed Response iso Judicial Referral for Purposes of Determ Relations

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Aug. 29, 2019 PACER
34

Notice of Withdrawal of Motion For Leave to Appear Pro Hac Vice (DeFever, Jeanne) (Filed on 8/30/2019) (Entered: 08/30/2019)

Aug. 30, 2019 PACER
35

Application for Refund, Receipt Number 26JPGHUO for Pro Hac Vice Application Fee by State of Oregon. (DeFever, Jeanne) (Filed on 8/30/2019) (Entered: 08/30/2019)

Aug. 30, 2019 PACER
36

ORDER GRANTING PLAINTIFF STATES' ADMINSTRATIVE MOTION TO EXCEED APPLICABLE PAGE LIMITS FOR PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION by Judge Phyllis J. Hamilton granting 19 Administrative Motion. (kcS, COURT STAFF) (Filed on 8/30/2019) (Entered: 08/30/2019)

Aug. 30, 2019 PACER
37

NOTICE of Appearance by Julia Harumi Mass (Mass, Julia) (Filed on 9/3/2019) (Entered: 09/03/2019)

Sept. 3, 2019 PACER
38

NOTICE of Appearance by Joshua Michael Kolsky (Kolsky, Joshua) (Filed on 9/4/2019) (Entered: 09/04/2019)

Sept. 4, 2019 PACER

Set Motion and Deadlines/Hearings

Sept. 4, 2019 PACER
39

STIPULATION WITH PROPOSED ORDER for Order Setting Briefing Schedule) filed by Kenneth T. Cuccinelli, Kevin McAleenan, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, La Clinica De La Raza, California Primary Care Association, Maternal and Child Health Access, Farmworker Justice, Council on American Islamic Relations-California, AFRICAN COMMUNITIES TOGETHER, Legal Aid Society of San Mateo County, Central American Resource Center, Korean Resource Center, Commonwelath of Pennsylvania, District of Columbia, Stae of California, State of Maine, State of Oregon. (Attachments: # 1 Declaration, # 2 Proposed Order)(Kolsky, Joshua) (Filed on 9/4/2019) Modified on 9/5/2019 (ajsS, COURT STAFF). (Entered: 09/04/2019)

1 Declaration

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2 Proposed Order

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Sept. 4, 2019 PACER
40

ORDER SETTING BRIEFING SCHEDULE.(pjhlc1S, COURT STAFF) (Filed on 9/4/2019) (Entered: 09/04/2019)

Sept. 4, 2019 RECAP

Reset Deadlines as to 17 MOTION for Preliminary Injunction. Opposition due by 9/13/2019. Reply due by 9/20/2019. (kcS, COURT STAFF) (Filed on 9/4/2019)

Sept. 4, 2019 PACER
41

Refund Status re 35 Application for Refund APPROVED. (rghS, COURT STAFF) (Filed on 9/9/2019) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
42

NOTICE of Appearance by Christina Maria Assi (Assi, Christina) (Filed on 9/9/2019) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
43

MOTION for leave to appear in Pro Hac Vice by Russell Hirschhorn ( Filing fee $ 310, receipt number 0971-13686855.) filed by American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, Justice in Aging, MAZON, National Council on Aging, National Hispanic Council on Aging, PHI, The National Asian Pacific Center on Aging. (Hirschhorn, Russell) (Filed on 9/9/2019) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
44

MOTION for leave to appear in Pro Hac Vice by Owen Masters ( Filing fee $ 310, receipt number 0971-13687036.) filed by American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, Justice in Aging, MAZON, National Council on Aging, National Hispanic Council on Aging, PHI, The National Asian Pacific Center on Aging. (Masters, Owen) (Filed on 9/9/2019) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
45

MOTION for leave to appear in Pro Hac Vice by Denny Chan ( Filing fee $ 310, receipt number 0971-13687329.) filed by American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, Justice in Aging, MAZON, National Council on Aging, National Hispanic Council on Aging, PHI, The National Asian Pacific Center on Aging. (Chan, Denny) (Filed on 9/9/2019) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
46

MOTION for leave to appear in Pro Hac Vice by Regan Bailey ( Filing fee $ 310, receipt number 0971-13687524.) filed by American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, Justice in Aging, MAZON, National Council on Aging, National Hispanic Council on Aging, PHI, The National Asian Pacific Center on Aging. (Bailey, Regan) (Filed on 9/9/2019) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
47

MOTION for leave to appear in Pro Hac Vice by Natalie Kean ( Filing fee $ 310, receipt number 0971-13687676.) filed by American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, Justice in Aging, MAZON, National Council on Aging, National Hispanic Council on Aging, PHI, The National Asian Pacific Center on Aging. (Kean, Natalie) (Filed on 9/9/2019) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
48

MOTION for Leave to File Brief of Amici Curiae filed by American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, Justice in Aging, MAZON, National Council on Aging, National Hispanic Council on Aging, PHI, The National Asian Pacific Center on Aging. (Attachments: # 1 Proposed Order, # 2 Proposed Amicus Curiae Brief)(Assi, Christina) (Filed on 9/9/2019) (Entered: 09/09/2019)

1 Proposed Order

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2 Proposed Amicus Curiae Brief

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Sept. 9, 2019 PACER
49

ORDER by Judge Phyllis J. Hamilton granting 43 Motion for Pro Hac Vice as to Russell L. Hirshhorn. (kcS, COURT STAFF) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
50

ORDER by Judge Phyllis J. Hamilton granting 44 Motion for Pro Hac Vice as to Owen T. Masters. (kcS, COURT STAFF) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
51

ORDER by Judge Phyllis J. Hamilton granting 45 Motion for Pro Hac Vice as to Denny Chan. (kcS, COURT STAFF) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
52

ORDER by Judge Phyllis J. Hamilton granting 46 Motion for Pro Hac Vice as to Regan Bailey. (kcS, COURT STAFF) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
53

ORDER by Judge Phyllis J. Hamilton granting 47 Motion for Pro Hac Vice as to Natalie Kean. (kcS, COURT STAFF) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
54

Amicus Curiae APPEARANCE entered by Emily Tomoko Kuwahara on behalf of Asian Americans Advancing Justice | AAJC, Asian American Legal Defense and Education Fund, and National Womens Law Center, and 58 other amici curiae. (Kuwahara, Emily) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019 RECAP
55

Amicus Curiae APPEARANCE entered by Christopher Cadena on behalf of Asian Americans Advancing Justice | AAJC, Asian American Legal Defense and Education Fund, and National Womens Law Center, and 58 other amici curiae. (Cadena, Christopher) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019 RECAP
56

Amicus Curiae APPEARANCE entered by Austin Joan Sutta on behalf of Asian Americans Advancing Justice | AAJC, Asian American Legal Defense and Education Fund, and National Womens Law Center, and 58 other amici curiae. (Sutta, Austin) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019 RECAP
57

Unopposed MOTION for Leave to File Brief of Amici Curiae filed by Asian Americans Advancing Justice | AAJC, Asian American Legal Defense and Education Fund, and National Womens Law Center, and 58 other amici curiae. (Attachments: # 1 Exhibit A - Memorandum of Law of Amici Curiae Asian Americans Advancing Justice | AAJC, Asian American Legal Defense and Education Fund, and National Womens Law Center, and 58 other amici ISO Plaintiffs' Motion for Preliminary Injunction, # 2 Proposed Order)(Kuwahara, Emily) (Filed on 9/10/2019) Modified on 9/11/2019 (kcS, COURT STAFF). (Entered: 09/10/2019)

1 Exhibit A - Memorandum of Law of Amici Curiae Asian Americans Advancing Justice

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2 Proposed Order

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Sept. 10, 2019 RECAP
58

MOTION for Leave to File Brief of Amici Curiae filed by Members of the Congressional Black Caucus CBC (Rep. Karen Bass, Rep. Yvette D. Clarke, Rep. Emanuel Cleaver, Rep. Bonnie Watson Coleman, Rep. Danny K. Davis, Rep. Val Demings, Rep. Steven Horsford, Rep. Henry C. Hank Johnson, Jr., Rep. Eleanor Holmes Norton, Rep. Lisa Blunt Rochester, Rep. Robert C. Bobby Scott, Rep. Bennie Thompson) Members of the Congressional Hispanic Caucus - CHC (Rep. Nanette Diaz Barragn, Rep. Salud O. Carbajal, Rep. Joaquin Castro, Rep. J. Luis Correa, Rep. Veronica Escobar, Rep. Adriano Espaillat, Rep. Ruben Gallego, Rep. Jess G. Chuy Garca, Rep. Jimmy Gomez, Rep. Sylvia R. Garcia, Rep. Ral M. Grijalva, Rep. Debbie Mucarsel-Powell, Rep. Grace F. Napolitano, Rep. Alexandria Ocasio-Cortez, Rep. Lucille Roybal-Allard, Rep. Gregorio Kilili Camacho Sablan, Rep. Linda T. Snchez, Rep. Jos E. Serrano, Rep. Albio Sires, Rep. Darren Soto, Rep. Norma J. Torres, Rep. Juan Vargas, Rep. Nydia M. Velzquez), Members of the Congressional Asian Pacific American Caucus - CAPAC (Rep. Judy Chu, Rep. Bonnie Watson Coleman, Rep. TJ Cox, Rep. Anna G. Eshoo, Rep. Al Green, Rep. Deb Haaland, Rep. Pramila Jayapal, Rep. Barbara Lee, Rep. Ted W. Lieu, Rep. Grace Meng, Rep. Grace F. Napolitano, Rep. Gregorio Kilili Camacho Sablan, Rep. Mark Takano, Rep. Juan Vargas, Rep. Linda T. Sanchez, Rep. Nydia M. Velzquez). (Attachments: # 1 Proposed Order, # 2 Proposed Amicus Curiae Brief)(Reider, Nicholas) (Filed on 9/10/2019) Modified on 9/26/2019 (kcS, COURT STAFF). (Entered: 09/10/2019)

1 Proposed Order

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2 Proposed Amicus Curiae Brief

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Sept. 10, 2019 PACER
59

ORDER GRANTING MOTIONS FOR LEAVE TO FILE AMICI BRIEFS. (pjhlc1S, COURT STAFF) (Filed on 9/11/2019) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
60

NOTICE of Appearance by Kelly M. Dermody (Dermody, Kelly) (Filed on 9/11/2019) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
61

NOTICE of Appearance by Michael Ian Levin-Gesundheit (Levin-Gesundheit, Michael) (Filed on 9/11/2019) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
62

STIPULATION WITH PROPOSED ORDER Re: Extension of Page Limits filed by Kenneth T. Cuccinelli, Kevin McAleenan, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security and the State of Califnoria(Attachments: # 1 Proposed Order)(Kolsky, Joshua) (Filed on 9/11/2019) Modified on 9/12/2019 (ajsS, COURT STAFF). (Entered: 09/11/2019)

1 Proposed Order

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Sept. 11, 2019 PACER
63

NOTICE of Appearance by Justin Jonathan Lowe (Lowe, Justin) (Filed on 9/11/2019) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
64

MOTION to File Amicus Curiae Brief filed by American Hospital Association, America's Essential Hospitals, Association of American Medical Colleges, Catholic Health Association of the United States, The Children's Hospital Association, The Federation of American Hospitals. Responses due by 9/25/2019. Replies due by 10/2/2019. (Attachments: # 1 [Proposed] Amici Curiae Brief, # 2 [Proposed] Order)(Gonzales, Michelle) (Filed on 9/11/2019) (Entered: 09/11/2019)

1 [Proposed] Amici Curiae Brief

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2 [Proposed] Order

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Sept. 11, 2019 PACER
65

MOTION for leave to appear in Pro Hac Vice Sean Marotta ( Filing fee $ 310, receipt number 0971-13695201.) filed by America's Essential Hospitals, American Hospital Association, Association of American Medical Colleges, Catholic Health Association of the United States, The Children's Hospital Association, The Federation of American Hospitals. (Marotta, Sean) (Filed on 9/11/2019) Modified on 9/12/2019 (ajsS, COURT STAFF). (Entered: 09/11/2019)

Sept. 11, 2019 PACER
66

MOTION for leave to appear in Pro Hac Vice of Wendy Parmet ( Filing fee $ 310, receipt number 0971-13695329.) filed by Arab Community Center for Economic and Social Services, California Immigrant Policy Center, California Pan-Ethnic Health Network, Charlotte Center for Legal Advocacy, Community Catalyst, Community Healthcare Network, Families USA, Florida Health Justice Project, Health Care For All, Health Law Advocates, Inc., Health in Justice Action Lab, Kentucky Equal Justice Center, Korean Community Center of the East Bay, Latino Coalition for a Healthy California, Maine Immigrant Rights Coalition, Massachusetts Law Reform Institute, Michigan Immigrant Rights Center, New York Immigration Coalition, Northeastern University Center for Health Policy and Law, Northwest Health Law Advocates, Public Health Law Watch, Treatment Action Group, UMass Memorial Health Care, Inc., Welcome Project. (Lowe, Justin) (Filed on 9/11/2019) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
67

MOTION for leave to appear in Pro Hac Vice of Andrew Cohen ( Filing fee $ 310, receipt number 0971-13695367.) filed by Arab Community Center for Economic and Social Services, California Immigrant Policy Center, California Pan-Ethnic Health Network, Charlotte Center for Legal Advocacy, Community Catalyst, Community Healthcare Network, Families USA, Florida Health Justice Project, Health Care For All, Health Law Advocates, Inc., Health in Justice Action Lab, Kentucky Equal Justice Center, Korean Community Center of the East Bay, Latino Coalition for a Healthy California, Maine Immigrant Rights Coalition, Massachusetts Law Reform Institute, Michigan Immigrant Rights Center, New York Immigration Coalition, Northeastern University Center for Health Policy and Law, Northwest Health Law Advocates, Public Health Law Watch, Treatment Action Group, UMass Memorial Health Care, Inc., Welcome Project. (Lowe, Justin) (Filed on 9/11/2019) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
68

MOTION for leave to appear in Pro Hac Vice re: Christian Springer ( Filing fee $ 310, receipt number 0971-13696213.) filed by Health Law Advocates, Inc.. (Springer, Christian) (Filed on 9/11/2019) Modified on 9/12/2019 (ajsS, COURT STAFF). (Entered: 09/11/2019)

Sept. 11, 2019 PACER
69

MOTION for leave to appear in Pro Hac Vice Kristyn DeFilipp ( Filing fee $ 310, receipt number 0971-13696272.) filed by Arab Community Center for Economic and Social Services, California Immigrant Policy Center, California Pan-Ethnic Health Network, Charlotte Center for Legal Advocacy, Community Catalyst, Community Healthcare Network, Families USA, Florida Health Justice Project, Health Care For All, Health Law Advocates, Inc., Health in Justice Action Lab, Kentucky Equal Justice Center, Korean Community Center of the East Bay, Latino Coalition for a Healthy California, Maine Immigrant Rights Coalition, Massachusetts Law Reform Institute, Michigan Immigrant Rights Center, New York Immigration Coalition, Northeastern University Center for Health Policy and Law, Northwest Health Law Advocates, Public Health Law Watch, Treatment Action Group, UMass Memorial Health Care, Inc., Welcome Project. (DeFilipp, Kristyn) (Filed on 9/11/2019) Modified on 9/12/2019 (ajsS, COURT STAFF). (Entered: 09/11/2019)

Sept. 11, 2019 PACER
70

MOTION for Leave to File Brief of Amici Curiae Health Law Advocates, Inc. and 23 Other Organizations Interested in Public Health in Support of Plaintiffs' Motion for Preliminary Injunction filed by Arab Community Center for Economic and Social Services, California Immigrant Policy Center, California Pan-Ethnic Health Network, Charlotte Center for Legal Advocacy, Community Catalyst, Community Healthcare Network, Families USA, Florida Health Justice Project, Health Care For All, Health Law Advocates, Inc., Health in Justice Action Lab, Kentucky Equal Justice Center, Korean Community Center of the East Bay, Latino Coalition for a Healthy California, Maine Immigrant Rights Coalition, Massachusetts Law Reform Institute, Michigan Immigrant Rights Center, New York Immigration Coalition, Northeastern University Center for Health Policy and Law, Northwest Health Law Advocates, Public Health Law Watch, Treatment Action Group, UMass Memorial Health Care, Inc., Welcome Project. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Lowe, Justin) (Filed on 9/11/2019) (Entered: 09/11/2019)

1 Exhibit 1

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2 Proposed Order

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Sept. 11, 2019 PACER
71

ADMINISTRATIVE MOTION for Leave to File as Amici Curiae in Support of Plaintiffs' Motion for Preliminary Injunction filed by American Civil Liberties Union, Center for Public Representation, American Association of People with Disabilities, Association of University Centers on Disabilities, Autistic Self Advocacy Network, Civil Rights Education and Enforcement Center, Coelho Center for Disability Law, Policy and Innovation, Disability Rights Advocates, Disability Rights Education and Defense Fund, Disability Rights California, Judge David L. Bazelon Center for Mental Health Law, Little Lobbyists, Mental Health America, National Association of Councils on Developmental Disabilities, National Council on Independent Living, National Disability Rights Network, National Federation of the Blind, The Arc of the United States, United Spinal Association. Responses due by 9/16/2019. (Attachments: # 1 Declaration of Sarah M. Ray, # 2 Proposed Brief of Amici Curiae, # 3 Proposed Order)(Ray, Sarah) (Filed on 9/11/2019) (Entered: 09/11/2019)

1 Declaration of Sarah M. Ray

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2 Proposed Brief of Amici Curiae

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3 Proposed Order

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Sept. 11, 2019 PACER
72

MOTION for leave to appear in Pro Hac Vice re: Andrew London ( Filing fee $ 310, receipt number 0971-13696641.) filed by Arab Community Center for Economic and Social Services, California Immigrant Policy Center, California Pan-Ethnic Health Network, Charlotte Center for Legal Advocacy, Community Catalyst, Community Healthcare Network, Families USA, Florida Health Justice Project, Health Care For All, Health Law Advocates, Inc., Health in Justice Action Lab, Kentucky Equal Justice Center, Korean Community Center of the East Bay, Latino Coalition for a Healthy California, Maine Immigrant Rights Coalition, Massachusetts Law Reform Institute, Michigan Immigrant Rights Center, New York Immigration Coalition, Northeastern University Center for Health Policy and Law, Northwest Health Law Advocates, Public Health Law Watch, Treatment Action Group, UMass Memorial Health Care, Inc., Welcome Project. (London, Andrew) (Filed on 9/12/2019) Modified on 9/13/2019 (ajsS, COURT STAFF). (Entered: 09/12/2019)

Sept. 12, 2019 PACER

Notice of Additional Parties

Sept. 12, 2019 PACER
73

MOTION for leave to appear in Pro Hac Vice re: Emily Nash ( Filing fee $ 310, receipt number 0971-13696656.) filed by Arab Community Center for Economic and Social Services, California Immigrant Policy Center, California Pan-Ethnic Health Network, Charlotte Center for Legal Advocacy, Community Catalyst, Community Healthcare Network, Families USA, Florida Health Justice Project, Health Care For All, Health Law Advocates, Inc., Health in Justice Action Lab, Kentucky Equal Justice Center, Korean Community Center of the East Bay, Latino Coalition for a Healthy California, Maine Immigrant Rights Coalition, Massachusetts Law Reform Institute, Michigan Immigrant Rights Center, New York Immigration Coalition, Northeastern University Center for Health Policy and Law, Northwest Health Law Advocates, Public Health Law Watch, Treatment Action Group, UMass Memorial Health Care, Inc., Welcome Project. (Nash, Emily) (Filed on 9/12/2019) Modified on 9/13/2019 (ajsS, COURT STAFF). (Entered: 09/12/2019)

Sept. 12, 2019 PACER
74

ORDER EXTENDING PAGE LIMITATION APPLICABLE TO DEFENDANTS OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION by Judge Phyllis J. Hamilton granting 62 Stipulation. (kcS, COURT STAFF) (Filed on 9/12/2019) (Entered: 09/12/2019)

Sept. 12, 2019 RECAP
75

NOTICE of Appearance by Christopher John Frisina for Kathryn E. Doi (Frisina, Christopher) (Filed on 9/12/2019) (Entered: 09/12/2019)

Sept. 12, 2019 PACER
76

MOTION for leave to appear in Pro Hac Vice re: Christopher J. Frisina ( Filing fee $ 310, receipt number 0971-13687023.) Filing fee previously paid on 9/9/2019 filed by American Academy of Nursing, American Public Health Association, Deans, Chairs, and Scholars. (Frisina, Christopher) (Filed on 9/12/2019) Modified on 9/13/2019 (ajsS, COURT STAFF). (Entered: 09/12/2019)

Sept. 12, 2019 PACER
77

MOTION for leave to appear in Pro Hac Vice re: Phillip A. Escoriaza ( Filing fee $ 310, receipt number 0971-13687099.) Filing fee previously paid on 9/9/2019 filed by American Academy of Nursing, American Public Health Association, Deans, Chairs, and Scholars. (Escoriaza, Phillip) (Filed on 9/12/2019) Modified on 9/13/2019 (ajsS, COURT STAFF). (Entered: 09/12/2019)

Sept. 12, 2019 PACER
78

MOTION for leave to appear in Pro Hac Vice re: Edward T. Waters ( Filing fee $ 310, receipt number 0971-13687118.) Filing fee previously paid on 9/9/2019 filed by American Academy of Nursing, American Public Health Association, Deans, Chairs, and Scholars. (Waters, Edward) (Filed on 9/12/2019) Modified on 9/13/2019 (ajsS, COURT STAFF). (Entered: 09/12/2019)

Sept. 12, 2019 PACER
79

Certificate of Interested Entities by American Academy of Nursing, American Public Health Association, Deans, Chairs, and Scholars (Waters, Edward) (Filed on 9/12/2019) (Entered: 09/12/2019)

Sept. 12, 2019 PACER
80

MOTION to File Amicus Curiae Brief filed by American Academy of Nursing, American Public Health Association, Deans - Ayman El-Mohandes, MBBCh, MD, MPH, Barbara K. Rimer, DrPH, MPH, Boris Lushniak, MD, MPH, David B. Allison, PhD, Edith A. Parker, MPH, DrPH, G. Thomas Chandler, MS, PhD, Hilary Godwin, PhD, Karen Drenkard, PhD, RN, NEA-BC, FAAN, Laura A. Siminoff, PhD, Linda P. Fried, MD, MPH, Lynn R. Goldman, MD, MPH, MS, Mark A. Schuster, MD, PhD, Michael C. Lu, MD, MS, MPH, Pamela R. Jeffries, PhD, RN, FAAN, ANEF, FSSH, Paula Lantz, PhD, Sandro Galea, MD, DrPH, Sherry Glied, PhD, MA, Sten H. Vermund, MD, PhD, Thomas E. Burroughs, PhD, MS, MA; Chairs - Alan G. Wasserman, MD, MACP, Becky Slifkin, PhD, Claire D. Brindis, DrPH, David M. Keepnews, PhD, JD, RN, NEA-BC, FAAN, Jane Thorpe, JD, Karen A. McDonnell, PhD; Scholars - Alan B. Cohen, Sc.D., Allison K. Hoffman, JD, Amita N. Vyas, PhD, MHS, Andy Schneider, JD, Benjamin D. Sommers, MD, PhD, Colleen M. Grogan, PhD, Daniel Skinner, PhD, David M. Frankford, JD, David Michaels, PhD, MPH, Diana J. Mason, RN, PhD, FAAN, Dora L. Hughes, MD, MPH, Harold Pollark, PhD, Janet Heinrich, DrPH, RN, FAAN, Jeffrey Levi, PhD, Jillian Catalanotti, MD, MPH, FACP, Joan Alker, Jonathan Oberlander, PhD, Julia Zoe Beckerman, JD, MPH, Katherine Horton, RN, MPH, JD, Katherine Swartz, PhD, Krista M. Perreira, PhD, Lynn A. Blewett, PhD, MA, Mark A. Peterson, PhD, Maureen Byrnes, MPA, Melissa M. Goldstein, JD, Michael K. Gusmano, PhD, Naomi Seiler, JD, Neal Halfon, MD, MPH, Nicole Huberfeld, JD, Pam Silberman, JD, DrPH, Rand E. Rosenblatt, JD, Sara Rosenbaum, JD, Sylvia A. Law, JD, Timothy Stoltzfus Jost, JD, Timothy M. Westmoreland, JD, Wendy K. Mariner, JD, LLM, MPH, William B. Borden, MD, FACC, FAHA. Responses due by 9/26/2019. Replies due by 10/3/2019. (Attachments: # 1 Exhibit Proposed Amici Brief, # 2 Proposed Order)(Waters, Edward) (Filed on 9/12/2019) Modified on 9/26/2019 (kcS, COURT STAFF). (Entered: 09/12/2019)

1 Exhibit Proposed Amici Brief

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2 Proposed Order

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Sept. 12, 2019 PACER
81

Notice of Additional Parties: the following parties are listed on 57 Unopposed MOTION for Leave to File Brief of Amici Curiae and have been added to this case: Asian Pacific Development Center, Association of Asian Pacific Community Health Organizations, 9to5, National Association of Working Women, Anti-Defamation League, Apna Ghar, Inc., Asian American Advancing Justice - Asian Law Caucus, Asian Americans Advancing Justice-Atlanta, Asian & Latino Solidarity Alliance of Central Virginia, Asian Law Alliance, Asian Pacific American Legal Resource Center, Asian Pacific Community in Action, Asian Pacific Development Center and Association of Asian Pacific Community Health Organizations. (This is a text-only entry.) (Kuwahara, Emily) (Filed on 9/12/2019) Modified on 9/13/2019 (kcS, COURT STAFF). (Entered: 09/12/2019)

Sept. 12, 2019 PACER
82

Notice of Additional Parties: the following parties are listed on 57 Unopposed MOTION for Leave to File Brief of Amici Curiae and have been added to this case: California Asian Pacific Islander Legislative Caucus, Center on Reproductive Rights and Justice at Berkeley School of Law, Chicago Alliance Against Sexual Exploitation, Chinese-American Planning Council, Chinese for Affirmative Action, Coalition on Human Needs, Colorado Organization for Latina Opportunity and Reproductive Rights (COLOR), Connecticut Women's Education and Legal Fund, EMBARC, End Rape on Campus, Equal Rights Advocates, Fred T. Korematsu Center for Law and Equality, Girls Inc. and GLBTQ Legal Advocates & Defenders (GLAD). (This is a text-only entry.) (Kuwahara, Emily) (Filed on 9/12/2019) Modified on 9/13/2019 (kcS, COURT STAFF). (Entered: 09/12/2019)

Sept. 12, 2019 PACER
83

Notice of Additional Parties: the following parties are listed on 57 Unopposed MOTION for Leave to File Brief of Amici Curiae and have been added to this case: If When How: Lawyering for Reproductive Justice, In Our Own Voice: National Black Womens Reproductive Justice Agenda, In the Public Interest, Japanese American Citizens League (JACL), KWH Law Center for Social Justice and Change, LatinoJustice PRLDEF, MinKwon Center for Community Action, National Advocates for Pregnant Women, National Korean American Service & Education Consortium (NAKASEC), National Asian Pacific American Women's Forum (NAPAWF), National Coalition for Asian Pacific American Community Development (National CAPACD), National Crittenton, National Immigrant Justice Center, National Immigrant Women's Advocacy Project and National Partnership for Women & Families. (This is a text-only entry.) (Kuwahara, Emily) (Filed on 9/12/2019) Modified on 9/13/2019 (kcS, COURT STAFF). (Entered: 09/12/2019)

Sept. 12, 2019 PACER
84

Notice of Additional Parties: the following parties are listed on 57 Unopposed MOTION for Leave to File Brief of Amici Curiae and have been added to this case: Oasis Legal Services, OCA - Asian Pacific American Advocates, Oklahoma Call for Reproductive Justice, OneAmerica, Planned Parenthood Federation of America, Population Connection, Reproductive Health Access Project, Services, Immigrant Rights & Education Network (SIREN), Sexuality Information and Education Council of the United States (SIECUS) and Sikh American Legal Defense and Education Fund (SALDEF). (This is a text-only entry.) (Kuwahara, Emily) (Filed on 9/12/2019) Modified on 9/13/2019 (kcS, COURT STAFF). (Entered: 09/12/2019)

Sept. 12, 2019 PACER
85

Notice of Additional Parties: the following parties are listed on 57 Unopposed MOTION for Leave to File Brief of Amici Curiae and have been added to this case: South Asian Americans Leading Together (SAALT), Southeast Asia Resource Action Center (SEARAC), Transgender Law Center, Union for Reform Judaism, Central Conference of American Rabbis, Women of Reform Judaism, and Men of Reform Judaism, Washington Lawyers' Committee for Civil Rights and Urban Affairs, Women's Bar Association of the State of New York, Women's Law Center of Maryland and Women Lawyers on Guard Inc.. (This is a text-only entry.) (Kuwahara, Emily) (Filed on 9/12/2019) Modified on 9/13/2019 (kcS, COURT STAFF). (Entered: 09/12/2019)

Sept. 12, 2019 PACER
86

MOTION to File Amicus Curiae Brief filed by NHLP; FRAC; CLASP, California Food Policy Advocates, California League of United Latin American Citizens, Center for the Study of Social Policy, Childrens Defense Fund-New York, Childrens HealthWatch, The Childrens Partnership, Citizens Committee for Children of New York, Comunidades Unidas, First Focus on Children, Kansas Appleseed Center for Law and Justice, Inc., Los Angeles Regional Food Bank, Michigan Immigrant Rights Center, Mississippi Center for Justice, National Law Center on Homelessness & Poverty, National Low Income Housing Coalition, National WIC Association, Oregon Food Bank, Prevention Institute, Sant La, Haitian Neighborhood Center, Inc., South Carolina Appleseed Legal Justice Center, Utahns Against Hunger, Virginia Poverty Law Center. Responses due by 9/26/2019. Replies due by 10/3/2019. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Thacher, Frances Cheston) (Filed on 9/12/2019) Modified on 9/26/2019 (kcS, COURT STAFF). (Entered: 09/12/2019)

1 Amicus Brief

View on PACER

2 Proposed Order

View on PACER

Sept. 12, 2019 PACER
87

ORDER by Judge Phyllis J. Hamilton granting 65 Motion for Pro Hac Vice as to Sean Marotta. (kcS, COURT STAFF) (Filed on 9/13/2019) (Entered: 09/13/2019)

Sept. 13, 2019 PACER

Notice of Additional Parties

Sept. 13, 2019 PACER
88

ORDER by Judge Phyllis J. Hamilton granting 66 Motion for Pro Hac Vice as to Wendy Parmet. (kcS, COURT STAFF) (Filed on 9/13/2019) (Entered: 09/13/2019)

Sept. 13, 2019 PACER
89

ORDER by Judge Phyllis J. Hamilton granting 67 Motion for Pro Hac Vice as to Andrew Cohen. (kcS, COURT STAFF) (Filed on 9/13/2019) (Entered: 09/13/2019)

Sept. 13, 2019 PACER
90

ORDER by Judge Phyllis J. Hamilton granting 68 Motion for Pro Hac Vice as to Christian Springer. (kcS, COURT STAFF) (Filed on 9/13/2019) (Entered: 09/13/2019)

Sept. 13, 2019 PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: Aug. 16, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

States of California, Maine, Oregon, and Pennsylvania, and the District of Columbia.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Homeland Security, Federal

U.S. Citizenship and Immigration Services, Federal

Case Details

Causes of Action:

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2019 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Race discrimination

Benefit Source:

Food stamps

Medicaid

Immigration/Border:

Visas - criteria

Visas - procedures