Case: City of San Jose v. Trump

5:20-cv-05167 | U.S. District Court for the Northern District of California

Filed Date: July 27, 2020

Closed Date: Jan. 13, 2021

Clearinghouse coding complete

Case Summary

This is a case about the U.S. Census Bureau’s decision, at the prompting of the President, to exclude undocumented immigrants from the 2020 census’s apportionment base. On July 27, 2020, the City of San Jose, California and other parties filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued President Trump, as well as the Department of Commerce, the Census Bureau, and their respective directors under 28 U.S.C. § 2201. The plaintiffs asserted …

This is a case about the U.S. Census Bureau’s decision, at the prompting of the President, to exclude undocumented immigrants from the 2020 census’s apportionment base. On July 27, 2020, the City of San Jose, California and other parties filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued President Trump, as well as the Department of Commerce, the Census Bureau, and their respective directors under 28 U.S.C. § 2201. The plaintiffs asserted that the federal government’s practice of excluding illegal aliens, as well as the use of statistical sampling for apportionment, violated the Fourteenth Amendment’s Apportionment Clause, Due Process Clause, and Equal Protection Clause, as well as the Census Act of 1954. The City of San Jose’s suit was related to State of California v. Trump, as both suits sought similar relief for the President’s actions relating to the Apportionment Exclusion Order (“the Order”). Represented by private counsel, the Attorney General for the State of California, and civil rights attorneys, the plaintiffs sought injunctive and declaratory relief invalidating the Order in order to avoid injuries to individuals, organizations, and government entities that would be sustained if the census was used to exclude illegal aliens from apportionment calculations. This lawsuit was filed in the District Court for the Northern District of California under 28 U.S.C. § 1331, and 28 U.S.C. § 1391(b)(2), among other statutes.

The case was originally assigned to Magistrate Judge Nathaniel Cousins; however, due to a failure to gain consent from all parties, the case was reassigned to District Court Judge Lucy Koh. On August 18, 2020, the plaintiffs requested, via 28 U.S.C. § 2284, that a three-judge panel be convened due to the nature of the claim challenging the constitutionality of apportionment. The three-judge court consisted of Judge Lucy Koh, Judge Edward Chen, and Circuit Court Judge Richard Clifton.

On August 27, 2020, the plaintiffs moved for partial summary judgment on the claims alleging that the Order violated the Fourteenth Amendment’s Apportionment and Enumeration Clauses, the Census Act, the Reapportionment Act, and the separation of powers. On September 10, 2020 the defendants filed a motion to dismiss for lack of jurisdiction, or, alternatively, a motion for summary judgment. On October 22, 2020, the court granted the plaintiff’s motion for partial summary judgment, denying the defendants’ motion to dismiss. The court held that the actions indicated by the President’s memorandum violated the Constitution, the Census Act of 1954, and the Reapportionment Act of 1929. The court also found that declaratory relief was warranted to prevent implementation due to the Order’s potential to deprive individuals of their fair representation in Congress, produce a chilling effect on compliance with the 2020 census, and to inhibit governmental functions by limiting funding, forcing state and local redistricting, and unjustly reducing Congressional presence. Based on these holdings, the court entered final judgment enjoining the government from carrying out or assisting President Trump’s efforts to carry out the Apportionment Exclusion Order.

On October 23, 2020, the defendants appealed the district court’s partial granting of partial summary judgment to the Ninth Circuit Court of Appeals and the Supreme Court of the United States. The Supreme Court granted certiorari directly from the district court.

On January 4, 2021, the Supreme Court vacated the judgment of the district court. The Supreme Court remanded the case to the district court, instructing the district court to dismiss the case for lack of jurisdiction. The Supreme Court cited its opinion in Trump v. New York, decided on December 18, 2020, which also united several plaintiffs in opposition to President Trump’s Apportionment Exclusion Order. The reasoning in Trump v. New York relied on the grounds that the claim was not ripe due to an inability to determine the practical impact of the memorandum.

On January 7, 2021, the district court dismissed the case for lack of jurisdiction. Similarly, on January 13, 2021, the defendants moved to voluntarily dismiss their appeal pending in the Court of Appeals because it had been resolved by the Supreme Court, which was granted. The case is now closed.

Summary Authors

Matthew Weiner (10/7/2021)

Related Cases

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

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17386799/parties/city-of-san-jose-california-v-trump/


Judge(s)

Chen, Edward Milton (California)

Clifton, Richard R. (Hawaii)

Cousins, Nathanael M. (California)

Koh, Lucy Haeran (California)

Attorneys(s) for Plaintiff

Bauer, Steven (California)

Bress, Richard P. (District of Columbia)

Clarke, Kristen M. (District of Columbia)

Greenbaum, Jon M. (District of Columbia)

Guan, Cindy (California)

Huseny, Sadik Harry (California)

Judge(s)

Chen, Edward Milton (California)

Clifton, Richard R. (Hawaii)

Cousins, Nathanael M. (California)

Koh, Lucy Haeran (California)

Attorneys(s) for Plaintiff

Bauer, Steven (California)

Bress, Richard P. (District of Columbia)

Clarke, Kristen M. (District of Columbia)

Greenbaum, Jon M. (District of Columbia)

Guan, Cindy (California)

Huseny, Sadik Harry (California)

Jordan, Maryum (District of Columbia)

Lankenau, Shannon D. (California)

Makker, Amit (California)

Rosenbaum, Mark Dale (California)

Rosenberg, Ezra D (District of Columbia)

Saini, Ajay (New York)

Spence, Dorian (District of Columbia)

Wise, R Matthew (California)

Attorneys(s) for Defendant

Chase-Woods, Dustin James (California)

Clark, Jeffrey Bossert (District of Columbia)

Coghlan, John V (District of Columbia)

Green, Blaine I (California)

Haas, Alexander K (District of Columbia)

Joshi, Sopan (District of Columbia)

Kelleher, Diane (District of Columbia)

Mauler, Daniel (District of Columbia)

Robinson, John (District of Columbia)

Other Attorney(s)

Altman, Jennifer G (Florida)

Clary, Richard W, (New York)

Devitt, Tamara Irene (California)

Joseph, Lawrence J (District of Columbia)

Letter, Douglas (District of Columbia)

Pisko, Michael John (New York)

Trachtenberg, Mark R (Texas)

Wydra, Elizabeth B. (District of Columbia)

Documents in the Clearinghouse

Document

5:20-cv-05167

5:20-cv-05169

5:20-cv-05799

0:20-17104

0:20-00561

Docket [PACER]

City of San Jose, California v. Trump

Jan. 13, 2021

Jan. 13, 2021

Docket
1

5:20-cv-05167

Complaint for Declaratory and Injunctive Relief

City of San Jose, California v. Trump

July 27, 2020

July 27, 2020

Complaint
46

5:20-cv-05167

First Amended Complaint for Declaratory and Injunctive Relief (Three-Judge Court Requested Pursuant to 28 U.S.C. § 2284)

City of San Jose, California v. Trump

Aug. 18, 2020

Aug. 18, 2020

Complaint
101

5:20-cv-05167

5:20-cv-05169

Order Granting Plaintiffs' Motion for Partial Summary Judgment and Denying Defendants' Motion to Dismiss

City of San Jose, California v. Trump

497 F.Supp.3d 680, 2020 WL 6253433

Oct. 22, 2020

Oct. 22, 2020

Order/Opinion

5:20-cv-05167

5:20-cv-05169

0:20-00561

[Opinion of the Court]

Trump v. City of San Jose, California

Supreme Court of the United States

141 S.Ct. 1231

Dec. 28, 2020

Dec. 28, 2020

Order/Opinion
94

5:20-cv-05167

5:20-cv-05169

Order Dismissing Cases for Lack of Jurisdiction

City of San Jose, California v. Trump

Jan. 7, 2021

Jan. 7, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17386799/city-of-san-jose-california-v-trump/

Last updated June 6, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against Steven Dillingham, Cheryl L Johnson, Wilbur L. Ross, Donald J. Trump, U.S. Census Bureau, U.S. Department of Commerce ( Filing fee $ 400, receipt number 0971-14741535.). Filed byZerihoun Yilma, Arlington County, Virginia, Lovette Kargbo-Thompson, King County, Washington, Black Alliance For Just Immigration, City of San Jose, California, Sam Liccardo. (Attachments: # 1 Attachment 1, # 2 Civil Cover Sheet)(Huseny, Sadik) (Filed on 7/27/2020) (Entered: 07/27/2020)

1 Attachment 1

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2 Civil Cover Sheet

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July 27, 2020

July 27, 2020

RECAP
2

Proposed Summons. (Huseny, Sadik) (Filed on 7/27/2020) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
3

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14741547.) filed by Arlington County, Virginia, Black Alliance For Just Immigration, City of San Jose, California, Lovette Kargbo-Thompson, King County, Washington, Sam Liccardo, Zerihoun Yilma. (Attachments: # 1 Certificate of Good Standing)(Bress, Richard) (Filed on 7/27/2020) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
4

NOTICE of Appearance by Jon Greenbaum (Greenbaum, Jon) (Filed on 7/28/2020) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
5

Case assigned to Judge Nathanael M. Cousins. 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 8/11/2020. (haS, COURT STAFF) (Filed on 7/28/2020) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
6

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/21/2020. Initial Case Management Conference set for 10/28/2020 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 7/28/2020) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
7

Summons Issued as to Steven Dillingham, Cheryl L Johnson, Wilbur L. Ross, Donald J. Trump, U.S. Census Bureau, U.S. Department of Commerce, U.S. Attorney and U.S. Attorney General (sfbS, COURT STAFF) (Filed on 7/28/2020) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
8

ORDER GRANTING 3 APPLICATION for Admission of Attorney Richard P. Bress Pro Hac Vice representing Plaintiffs. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 7/28/2020) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
9

CLERK'S NOTICE REGARDING Consent or Declination: All parties are requested to file a consent or declination to proceed before a magistrate judge by 8/11/2020. 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. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 7/28/2020) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
10

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Arlington County, Virginia, Black Alliance For Just Immigration, City of San Jose, California, Lovette Kargbo-Thompson, King County, Washington, Sam Liccardo, Zerihoun Yilma.. (Huseny, Sadik) (Filed on 7/28/2020) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
11

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 a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 7/28/2020) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER

~Util - Case Assigned by Intake

July 28, 2020

July 28, 2020

PACER

Clerk's Notice re: Consent or Declination

July 28, 2020

July 28, 2020

PACER

Clerk's Notice of Impending Reassignment - Text Only

July 28, 2020

July 28, 2020

PACER
12

MOTION to Relate Case 3:20-cv-05169 State of California, et al v. Donald J. Trump, et al filed by State of California, Xavier Becerra. (Wise, R.) (Filed on 7/29/2020) Modified on 8/21/2020 (kedS, COURT STAFF). (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER
13

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Lucy H. Koh for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Judge Nathanael M. Cousins remains as referral judge assigned to case. Reassignment Order signed by Clerk on 7/30/2020. (Attachments: # 1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 7/30/2020) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
14

NOTICE of Appearance by Steven Mark Bauer on behalf of Plaintiffs City of San Jose, California; King County, Washington; Arlington County, Virginia; Black Alliance for Just Immigration; Sam Liccardo; Zerihoun Yilma; and Lovette Kargbo-Thompson (Bauer, Steven) (Filed on 7/30/2020) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
15

NOTICE of Appearance by Amit Makker on behalf of Plaintiffs City of San Jose, California; King County, Washington; Arlington County, Virginia; Black Alliance for Just Immigration; Sam Liccardo; Zerihoun Yilma; and Lovette Kargbo-Thompson (Makker, Amit) (Filed on 7/30/2020) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
16

NOTICE of Appearance by Shannon Danielle Lankenau on behalf of Plaintiffs City of San Jose, California; King County, Washington; Arlington County, Virginia; Black Alliance for Just Immigration; Sam Liccardo; Zerihoun Yilma; and Lovette Kargbo-Thompson (Lankenau, Shannon) (Filed on 7/30/2020) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
17

NOTICE of Appearance by Cindy Guan on behalf of Plaintiffs City of San Jose, California; King County, Washington; Arlington County, Virginia; Black Alliance for Just Immigration; Sam Liccardo; Zerihoun Yilma; and Lovette Kargbo-Thompson (Guan, Cindy) (Filed on 7/30/2020) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
18

**CLERK'S NOTICE FOLLOWING CASE REASSIGNMENT TO THE HONORABLE LUCY H. KOH** Following the case reassignment to the Honorable Lucy H. Koh, an Initial Case Management Conference is set for October 28, 2020 at 2:00 PM in Courtroom 8, 4th floor, in San Jose, California. The Joint Case Management Statement is due seven days prior to the Initial Case Management Conference. See Civil L.R. 16-9 and Civil L.R. 16-10(a). The parties shall familiarize themselves with the Scheduling Notes and Standing Orders for the Hon. Lucy H. Koh: http://cand.uscourts.gov/lhk. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 7/30/2020) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
19

Certificate of Interested Entities by Black Alliance For Just Immigration, Lovette Kargbo-Thompson, Sam Liccardo, Zerihoun Yilma and Corporate Disclosure Statement by Black Alliance For Just Immigration (Huseny, Sadik) (Filed on 7/30/2020) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER

Clerk's Notice

July 30, 2020

July 30, 2020

PACER
20

OPPOSITION/RESPONSE (re 12 MOTION to Relate Case 3:20-cv-05169 State of California, et al v. Donald J. Trump, et al ) filed byArlington County, Virginia, Black Alliance For Just Immigration, City of San Jose, California, Lovette Kargbo-Thompson, King County, Washington, Sam Liccardo, Zerihoun Yilma. (Huseny, Sadik) (Filed on 7/31/2020) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
21

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14768639.) filed by Black Alliance For Just Immigration, City of San Jose, California, Lovette Kargbo-Thompson, King County, Washington, Sam Liccardo, Zerihoun Yilma. (Attachments: # 1 Certificate of Good Standing)(Rosenberg, Ezra) (Filed on 8/3/2020) (Entered: 08/03/2020)

1 Certificate of Good Standing

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Aug. 3, 2020

Aug. 3, 2020

PACER
22

NOTICE of Voluntary Dismissal Without Prejudice as to Defendant Cheryl L. Johnson, in her Official Capacity as the Clerk of the United States House of Representatives, Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i) by Arlington County, Virginia, Black Alliance For Just Immigration, City of San Jose, California, Lovette Kargbo-Thompson, King County, Washington, Sam Liccardo, Zerihoun Yilma (Huseny, Sadik) (Filed on 8/3/2020) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
23

SUMMONS Returned Executed by Zerihoun Yilma, Arlington County, Virginia, Lovette Kargbo-Thompson, King County, Washington, Black Alliance For Just Immigration, City of San Jose, California, Sam Liccardo. Donald J. Trump served on 7/31/2020, answer due 9/29/2020. (Huseny, Sadik) (Filed on 8/4/2020) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
24

SUMMONS Returned Executed by Zerihoun Yilma, Arlington County, Virginia, Lovette Kargbo-Thompson, King County, Washington, Black Alliance For Just Immigration, City of San Jose, California, Sam Liccardo. Wilbur L. Ross served on 7/31/2020, answer due 9/29/2020. (Huseny, Sadik) (Filed on 8/4/2020) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
25

SUMMONS Returned Executed by Zerihoun Yilma, Arlington County, Virginia, Lovette Kargbo-Thompson, King County, Washington, Black Alliance For Just Immigration, City of San Jose, California, Sam Liccardo. U.S. Department of Commerce served on 7/31/2020, answer due 9/29/2020. (Huseny, Sadik) (Filed on 8/4/2020) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
26

SUMMONS Returned Executed by Zerihoun Yilma, Arlington County, Virginia, Lovette Kargbo-Thompson, King County, Washington, Black Alliance For Just Immigration, City of San Jose, California, Sam Liccardo. Steven Dillingham served on 7/31/2020, answer due 9/29/2020. (Huseny, Sadik) (Filed on 8/4/2020) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
27

SUMMONS Returned Executed by Zerihoun Yilma, Arlington County, Virginia, Lovette Kargbo-Thompson, King County, Washington, Black Alliance For Just Immigration, City of San Jose, California, Sam Liccardo. U.S. Census Bureau served on 7/31/2020, answer due 9/29/2020. (Huseny, Sadik) (Filed on 8/4/2020) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
28

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14785510.) filed by Black Alliance For Just Immigration, City of San Jose, California, Lovette Kargbo-Thompson, King County, Washington, Sam Liccardo, Zerihoun Yilma. (Attachments: # 1 Certificate of Good Standing)(Saini, Ajay) (Filed on 8/6/2020) (Entered: 08/06/2020)

1 Certificate of Good Standing

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Aug. 6, 2020

Aug. 6, 2020

PACER
29

First MOTION for leave to appear in Pro Hac Vice Dorian Spence ( Filing fee $ 310, receipt number 0971-14786846.) filed by Arlington County, Virginia, Black Alliance For Just Immigration, City of San Jose, California, King County, Washington. (Attachments: # 1 Exhibit Certificate of Good Standing)(Spence, Dorian) (Filed on 8/7/2020) (Entered: 08/07/2020)

1 Exhibit Certificate of Good Standing

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Aug. 7, 2020

Aug. 7, 2020

PACER
30

Order by Judge Lucy H. Koh Granting 21 Motion for Pro Hac Vice.(lhklc4, COURT STAFF) (Filed on 8/7/2020) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
31

Order by Judge Lucy H. Koh Granting 28 Motion for Pro Hac Vice.(lhklc4, COURT STAFF) (Filed on 8/7/2020) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
32

Order by Judge Lucy H. Koh Granting 29 Motion for Pro Hac Vice.(lhklc4, COURT STAFF) (Filed on 8/7/2020) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
33

MOTION to Shorten Time for Initial Case Management Conference filed by Arlington County, Virginia, Black Alliance For Just Immigration, City of San Jose, California, Lovette Kargbo-Thompson, King County, Washington, Sam Liccardo, Zerihoun Yilma. (Attachments: # 1 Declaration of Sadik Huseny, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Proposed Order, # 10 Proof of Service)(Huseny, Sadik) (Filed on 8/7/2020) (Entered: 08/07/2020)

1 Declaration of Sadik Huseny

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Proposed Order

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10 Proof of Service

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Aug. 7, 2020

Aug. 7, 2020

PACER
34

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14794415.) filed by Black Alliance For Just Immigration, City of San Jose, California, Lovette Kargbo-Thompson, King County, Washington, Sam Liccardo, Zerihoun Yilma. (Attachments: # 1 Certificate of Good Standing)(Jordan, Maryum) (Filed on 8/10/2020) (Entered: 08/10/2020)

1 Certificate of Good Standing

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Aug. 10, 2020

Aug. 10, 2020

PACER
35

Order Requiring Appearance. Signed by Judge Lucy H. Koh on 8/10/2020. (lhklc4, COURT STAFF) (Filed on 8/10/2020) Modified on 8/11/2020 (kedS, COURT STAFF). (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
36

OPPOSITION/RESPONSE (re 33 MOTION to Shorten Time for Initial Case Management Conference ) filed bySteven Dillingham, Wilbur L. Ross, Donald J. Trump, U.S. Census Bureau, U.S. Department of Commerce. (Rosenberg, Brad) (Filed on 8/11/2020) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
37

REPLY (re 33 MOTION to Shorten Time for Initial Case Management Conference ) filed byArlington County, Virginia, Black Alliance For Just Immigration, City of San Jose, California, Lovette Kargbo-Thompson, King County, Washington, Sam Liccardo, Zerihoun Yilma. (Attachments: # 1 Declaration of Amit Makker, # 2 Exhibit A)(Bauer, Steven) (Filed on 8/11/2020) (Entered: 08/11/2020)

1 Declaration of Amit Makker

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2 Exhibit A

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Aug. 11, 2020

Aug. 11, 2020

PACER
38

Order by Judge Lucy H. Koh Advancing Case Management Conference and Setting Deadline for Government Response to Motion to Relate.(lhklc4, COURT STAFF) (Filed on 8/12/2020) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
39

**CLERK'S NOTICE SETTING ZOOM HEARING** The Initial Case Management Conference is set for August 18, 2020 at 10:30 AM before the Hon. Lucy H. Koh via ZOOM Webinar video. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL IS REQUIRED and must be done by emailing a list of names and emails of counsel who will be participating in the hearing to LHKcrd@cand.uscourts.gov by no later than 8/17/2020 at 12:00 pm PST. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1618399532?pwd=aklxUFF6TFFpYm10WHppUnZqUUo1dz09Meeting ID: 161 839 9532Password: 919880Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 8/13/2020) Modified on 8/17/2020 (kedS, COURT STAFF). (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
40

NOTICE of Appearance by Daniel D. Mauler on behalf of Federal Defendants (Mauler, Daniel) (Filed on 8/13/2020) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
41

Order by Judge Lucy H. Koh Granting 34 Motion for Pro Hac Vice.(lhklc4, COURT STAFF) (Filed on 8/13/2020) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice Setting Zoom Hearing

Aug. 13, 2020

Aug. 13, 2020

PACER
42

OPPOSITION/RESPONSE (re 12 MOTION to Relate Case 3:20-cv-05169 State of California, et al v. Donald J. Trump, et al ) filed bySteven Dillingham, Wilbur L. Ross, Donald J. Trump, U.S. Census Bureau, U.S. Department of Commerce. (Mauler, Daniel) (Filed on 8/14/2020) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
43

Order Relating Cases and Requiring Parties to File Consolidated Joint Case Management Statement. Signed by Judge Lucy H. Koh on 8/14/2020. (lhklc3, COURT STAFF) (Filed on 8/14/2020) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
44

JOINT CASE MANAGEMENT STATEMENT filed by Arlington County, Virginia, Black Alliance For Just Immigration, City of San Jose, California, Lovette Kargbo-Thompson, King County, Washington, Sam Liccardo, Zerihoun Yilma. (Huseny, Sadik) (Filed on 8/17/2020) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

RECAP
45

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14828131.) filed by Xavier Becerra, Black Alliance For Just Immigration, City of San Jose, California, Lovette Kargbo-Thompson, King County, Washington, Sam Liccardo, State of California, Zerihoun Yilma. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Clarke, Kristen) (Filed on 8/18/2020) (Entered: 08/18/2020)

1 Certificate/Proof of Service Certificate of Good Standing

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Aug. 18, 2020

Aug. 18, 2020

PACER
46

AMENDED COMPLAINT for Declaratory and Injunctive Relief against Steven Dillingham, Wilbur L. Ross, Donald J. Trump, U.S. Census Bureau, U.S. Department of Commerce. Filed byLovette Kargbo-Thompson, King County, Washington, City of San Jose, California, Zerihoun Yilma, Arlington County, Virginia, Black Alliance For Just Immigration, Sam Liccardo, Santcha Etienne, Harris County, Texas, Rodney Ellis. (Huseny, Sadik) (Filed on 8/18/2020) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

RECAP
47

SUA SPONTE Judicial Referral for Purpose of Determining Relationship of Case 5:20-cv-05799 NC with 5:20-cv-05167 LHK and 5:20-cv-05169 LHK. Signed by Judge Nathanael Cousins on 8/18/2020. (lmh, COURT STAFF) (Filed on 8/18/2020) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

RECAP
48

Order by Judge Lucy H. Koh granting 45 Motion for Pro Hac Vice. (lhklc3, COURT STAFF) (Filed on 8/18/2020) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
49

Request to the Chief Judge of the U.S. Court of Appeals for the Ninth Circuit to Convene a Three-Judge Court Under 28 U.S.C. ยง 2284. Signed by Judge Lucy H. Koh on 8/18/2020. (lhklc3, COURT STAFF) (Filed on 8/18/2020) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
50

Case Management Order. Signed by Judge Lucy H. Koh on 8/18/2020. (lhklc3, COURT STAFF) (Filed on 8/18/2020) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

RECAP
51

Minute Entry for proceedings held before Judge Lucy H. Koh: Initial Case Management Conference held on 8/18/2020 from 10:37 AM - 11:37 AM (1 hour). The August 18, 2020 Case Management Order memorializes all relevant information and deadlines from the Conference. Total Time in Court: 1 hour. Court Reporter: Lee-Anne Shortridge. For Plaintiffs: Richard Bress; Sadik Huseny; Steven Bauer; Amit Makker; Shannon D. Lankenau; Ezra Rosenberg; Matthew Wise; Gabrielle Downey Boutin; Maria Bee; and Keith A. Yeomans. For Defendants: Brad Rosenberg and Dan Mauler. For transcript orders, please visit https://cand.uscourts.gov/transcripts (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Date Filed: 8/18/2020) (Entered: 08/19/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
52

STIPULATION WITH PROPOSED ORDER Regarding Topics for Early Dispositive Briefings and Responsive Pleading Deadlines (Joint) filed by Arlington County, Virginia, Black Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Santcha Etienne, Harris County, Texas, Lovette Kargbo-Thompson, King County, Washington, Sam Liccardo, Zerihoun Yilma. (Attachments: # 1 Declaration of Sadik Huseny, # 2 Proposed Order)(Huseny, Sadik) (Filed on 8/19/2020) (Entered: 08/19/2020)

1 Declaration of Sadik Huseny

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2 Proposed Order

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Aug. 19, 2020

Aug. 19, 2020

PACER
53

TRANSCRIPT ORDER for proceedings held on August 18, 2020 before Judge Lucy H. Koh by Arlington County, Virginia, Black Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Santcha Etienne, Harris County, Texas, Lovette Kargbo-Thompson, King County, Washington, Sam Liccardo, Zerihoun Yilma, for Court Reporter Lee-Anne Shortridge. (Lankenau, Shannon) (Filed on 8/19/2020) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
54

TRANSCRIPT ORDER for proceedings held on 8/18/2020 before Judge Lucy H. Koh by Steven Dillingham, Wilbur L. Ross, Donald J. Trump, U.S. Census Bureau, U.S. Department of Commerce, for Court Reporter Lee-Anne Shortridge. (Mauler, Daniel) (Filed on 8/19/2020) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
55

***FILED IN ERROR - See ECF 56 for Correction*** ORDER designating United States District Court composed of three judges pursuant to Section 2284, Title 28 United States Code. Effective 8/19/2020, the Honorable Richard R. Clifton, United States Circuit Judge for the Ninth Circuit Court of Appeals, and the Honorable Edward M. Chen, United States District Judge for the Northern District of California, to sit with the Honorable Lucy H. Koh. Signed by Chief Judge Sidney R. Thomas, United States Court of Appeals for the Ninth Circuit. (sp, COURT STAFF) (Filed on 8/19/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified on 8/20/2020 (sp, COURT STAFF). (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER

Case Management Conference - Initial AND ~Util - Set Hearings

Aug. 19, 2020

Aug. 19, 2020

PACER

~Util - Set Hearings AND Case Management Conference - Initial

Aug. 19, 2020

Aug. 19, 2020

PACER
56

CORRECTED ORDER designating United States District Court composed of three judges pursuant to Section 2284, Title 28 United States Code. Effective 8/19/2020, the Honorable Richard R. Clifton, United States Circuit Judge for the Ninth Circuit Court of Appeals, and the Honorable Edward M. Chen, United States District Judge for the Northern District of California, to sit with the Honorable Lucy H. Koh. Signed by Chief Judge Sidney R. Thomas, United States Court of Appeals for the Ninth Circuit.. (sp, COURT STAFF) (Filed on 8/20/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
57

ORDER RELATING CASES by Judge Lucy H. Koh. The Court RELATES Case No. 5:20-cv-05799-NC, National Urban League et al v. Ross et al, to Case Nos. 5:20-cv-05167-LHK, City of San Jose, et al v. Donald J. Trump, et al, and 5:20-cv-05169 LHK, State of California, et al v. Donald J. Trump, et al. The Clerk shall reassign National Urban League et al v. Ross et al to Judge Lucy H. Koh. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 8/21/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
58

Order Regarding Joint Stipulation Regarding Topics for Early Dispositive Briefings and Responsive Pleading Deadlines by Judge Lucy H. Koh granting (52) Stipulation in case 5:20-cv-05167-LHK. Associated Cases: 5:20-cv-05167-LHK, 5:20-cv-05169-LHK(lhklc3, COURT STAFF) (Filed on 8/21/2020) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
59

Order Adopting Previous Orders and Delegating Pro Hac Vice Motions. Signed by Judge Lucy H. Koh on 8/21/2020. (lhklc3, COURT STAFF) (Filed on 8/21/2020) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER

Order

Aug. 21, 2020

Aug. 21, 2020

PACER
60

Transcript of Proceedings held on 8-18-20, before Judge Lucy H. Koh. Court Reporter Lee-Anne Shortridge, telephone number e-mail: lee-anne_shortridge@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 (53 in 5:20-cv-05167-LHK-RRC-EMC) Transcript Order, ) Release of Transcript Restriction set for 11/24/2020. (lasS, COURT STAFF) (Filed on 8/26/2020) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
61

STIPULATION to Permit Filing of Amicus Briefs (Joint) filed by Arlington County, Virginia, Black Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Santcha Etienne, Harris County, Texas, Lovette Kargbo-Thompson, King County, Washington, Sam Liccardo, Zerihoun Yilma. (Bress, Richard) (Filed on 8/27/2020) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
62

Order Granting Stipulation to Permit Filing of Amicus Briefs. Signed by Judge Lucy H. Koh on 8/27/2020. (lhklc3, COURT STAFF) (Filed on 8/27/2020) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
63

MOTION for Partial Summary Judgment filed by Arlington County, Virginia, Black Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Santcha Etienne, Harris County, Texas, Lovette Kargbo-Thompson, King County, Washington, Sam Liccardo, Zerihoun Yilma. Motion Hearing set for 10/8/2020 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 9/10/2020. Replies due by 9/21/2020. (Attachments: # 1 Proposed Order, # 2 Declaration of Ruth Gilgenbach, Ph.D., # 3 Declaration of Matthew A. Barreto, Ph.D, # 4 Declaration of Nana Gyamfi, # 5 Declaration of Sam Liccardo, # 6 Declaration of Zerihoun Yilma, # 7 Declaration of Rodney Ellis)(Bress, Richard) (Filed on 8/27/2020) (Entered: 08/27/2020)

1 Proposed Order

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2 Declaration of Ruth Gilgenbach, Ph.D.

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3 Declaration of Matthew A. Barreto, Ph.D

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4 Declaration of Nana Gyamfi

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5 Declaration of Sam Liccardo

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6 Declaration of Zerihoun Yilma

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7 Declaration of Rodney Ellis

View on PACER

Aug. 27, 2020

Aug. 27, 2020

RECAP
64

Declaration of Shannon D. Lankenau in Support of 63 Plaintiffs' Motion for Partial Summary Judgment filed byArlington County, Virginia, Black Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Santcha Etienne, Harris County, Texas, Lovette Kargbo-Thompson, King County, Washington, Sam Liccardo, Zerihoun Yilma. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35)(Lankenau, Shannon) (Filed on 8/27/2020) (Entered: 08/27/2020)

34

View on RECAP

Aug. 27, 2020

Aug. 27, 2020

PACER
65

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14879975.) filed by The League of Women Voters. (Attachments: # 1 Certificate/Proof of Service, # 2 Certificate/Proof of Service)(Rivaux, Shani) (Filed on 8/31/2020) Modified on 9/1/2020 (lhklc3, COURT STAFF). (Entered: 08/31/2020)

1 Certificate/Proof of Service

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2 Certificate/Proof of Service

View on PACER

Aug. 31, 2020

Aug. 31, 2020

PACER
66

Order by Judge Lucy H. Koh granting (40) Motion for Pro Hac Vice in cases 5:20-cv-05169-LHK-RRC-EMC and 5:20-cv-05167-LHK-RRC-EMC. Associated Cases: 5:20-cv-05169-LHK-RRC-EMC, 5:20-cv-05167-LHK-RRC-EMC(lhklc3, COURT STAFF) (Filed on 8/31/2020) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
67

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14881515.) filed by The League of Women Voters. (Attachments: # 1 Certificate/Proof of Service, # 2 Certificate/Proof of Service)(Altman, Jennifer) (Filed on 8/31/2020) (Entered: 08/31/2020)

1 Certificate/Proof of Service

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2 Certificate/Proof of Service

View on PACER

Aug. 31, 2020

Aug. 31, 2020

PACER
68

Order by Judge Lucy H. Koh granting 67 Motion for Pro Hac Vice. (lhklc3, COURT STAFF) (Filed on 8/31/2020) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
69

Brief / Brief as Amicus Curiae in Support of Plaintiffs filed byU.S. House of Representatives. (Letter, Douglas) (Filed on 8/31/2020) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
70

NOTICE of Appearance by Douglas N. Letter on behalf of U.S. House of Representatives as Amicus Curiae (Letter, Douglas) (Filed on 8/31/2020) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
71

NOTICE of Appearance by Douglas N. Letter / [Corrected] Notice of Appearance by Douglas N. Letter on behalf of U.S. House of Representatives as Amicus Curiae (Letter, Douglas) (Filed on 8/31/2020) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
72

Brief Amici Curiae of Members of Congress filed byBrian Schatz, Richard Blumenthal, Cory A. Booker, Sherrod Brown, Dianne Feinstein, Mazie K. Hirono, Jeffrey A. Merkley, Elizabeth Warren, Ron Wyden. (Wydra, Elizabeth) (Filed on 9/1/2020) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
73

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14888633.) Filing fee previously paid on 09/01/2020 filed by Margo Anderson, Andrew Beveridge, Rachel Buff, Libby Garland, J. Morgan Kousser, Erika Lee, Natalia Molina, Steven Ruggles. (Attachments: # 1 Certificate of Good Standing (Texas))(Trachtenberg, Mark) (Filed on 9/1/2020) (Entered: 09/01/2020)

1 Certificate of Good Standing (Texas)

View on PACER

Sept. 1, 2020

Sept. 1, 2020

PACER
74

Order by Judge Lucy H. Koh granting 73 Motion for Pro Hac Vice. (lhklc3, COURT STAFF) (Filed on 9/1/2020) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
75

NOTICE of Appearance by Richard W. Clary (Clary, Richard) (Filed on 9/1/2020) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
76

NOTICE of Appearance by Tamara Irene Devitt (Devitt, Tamara) (Filed on 9/1/2020) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
77

Certificate of Interested Entities by Margo Anderson, Andrew Beveridge, Rachel Buff, Libby Garland, J. Morgan Kousser, Erika Lee, Natalia Molina, Steven Ruggles (Clary, Richard) (Filed on 9/1/2020) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
78

Brief ("Brief of Amici Curiae Historians in Support of Plaintiffs' Motion for Partial Summary Judgment") filed byMargo Anderson, Andrew Beveridge, Rachel Buff, Libby Garland, J. Morgan Kousser, Erika Lee, Natalia Molina, Steven Ruggles. (Clary, Richard) (Filed on 9/1/2020) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
79

Brief re 63 MOTION for Partial Summary Judgment Amicus Brief in Support of Plaintiffs' Motion for Partial Summary Judgment filed byThe League of Women Voters. (Related document(s) 63 ) (Green, Blaine) (Filed on 9/1/2020) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
80

NOTICE of Appearance by Blaine I. Green (Green, Blaine) (Filed on 9/2/2020) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
81

MOTION for leave to appear in Pro Hac Vice for Michael J. Pisko ( Filing fee $ 310, receipt number 0971-14893916.) filed by The League of Women Voters. (Attachments: # 1 Ex A Certificate of Good Standing)(Pisko, Michael) (Filed on 9/2/2020) (Entered: 09/02/2020)

1 Ex A Certificate of Good Standing

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Sept. 2, 2020

Sept. 2, 2020

PACER
82

NOTICE of Appearance by Blaine I. Green of Dustin Chase-Woods (Green, Blaine) (Filed on 9/2/2020) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
83

Order by Judge Lucy H. Koh granting 81 Motion for Pro Hac Vice. (lhklc3, COURT STAFF) (Filed on 9/6/2020) (Entered: 09/06/2020)

Sept. 6, 2020

Sept. 6, 2020

PACER
84

MOTION to Dismiss, MOTION for Partial Summary Judgment, and Opposition to Plaintiffs' Motion for Partial Summary Judgment (ECF No. 63) filed by Steven Dillingham, Wilbur L. Ross, Donald J. Trump, U.S. Census Bureau, U.S. Department of Commerce. Motion Hearing set for 10/8/2020 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 9/21/2020. Replies due by 9/28/2020. (Attachments: # 1 Declaration Declaration of John M. Abowd, # 2 Declaration Declaration of Albert E. Fontenot)(Mauler, Daniel) (Filed on 9/10/2020) (Entered: 09/10/2020)

1 Declaration Declaration of John M. Abowd

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2 Declaration Declaration of Albert E. Fontenot

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Sept. 10, 2020

Sept. 10, 2020

RECAP
85

Brief re 84 MOTION to Dismiss MOTION for Partial Summary Judgment, and Opposition to Plaintiffs' Motion for Partial Summary Judgment (ECF No. 63), 63 MOTION for Partial Summary Judgment Amicus Brief in Support of Defs filed byImmigration Reform Law Institute. (Related document(s) 84, 63 ) (Joseph, Lawrence) (Filed on 9/15/2020) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
86

REPLY (re 63 MOTION for Partial Summary Judgment ) and in Opposition to Defendants' 84 Motion to Dismiss, or in the Alternative, Motion for Partial Summary Judgment filed byArlington County, Virginia, Black Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Santcha Etienne, Harris County, Texas, Lovette Kargbo-Thompson, King County, Washington, Sam Liccardo, Zerihoun Yilma. (Attachments: # 1 Expert Declaration of Andrew Reamer, Ph.D., # 2 Declaration of Dwight Dively, # 3 Declaration of Michelle Ramsey, # 4 Declaration of Umair A. Shah, M.D., M.P.H., # 5 Supplemental Declaration of Rodney Ellis, # 6 Declaration of Gabrielle D. Boutin)(Bress, Richard) (Filed on 9/21/2020) (Entered: 09/21/2020)

1 Expert Declaration of Andrew Reamer, Ph.D.

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2 Declaration of Dwight Dively

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3 Declaration of Michelle Ramsey

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4 Declaration of Umair A. Shah, M.D., M.P.H.

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5 Supplemental Declaration of Rodney Ellis

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6 Declaration of Gabrielle D. Boutin

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Sept. 21, 2020

Sept. 21, 2020

PACER
87

Declaration of Shannon D. Lankenau in Support of 86 Reply to Opposition/Response,, filed byArlington County, Virginia, Black Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Santcha Etienne, Harris County, Texas, Lovette Kargbo-Thompson, King County, Washington, Sam Liccardo, Zerihoun Yilma. (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)(Related document(s) 86 ) (Lankenau, Shannon) (Filed on 9/21/2020) (Entered: 09/21/2020)

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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Sept. 21, 2020

Sept. 21, 2020

PACER
88

REPLY (re 84 MOTION to Dismiss MOTION for Partial Summary Judgment, and Opposition to Plaintiffs' Motion for Partial Summary Judgment (ECF No. 63) ) filed bySteven Dillingham, Wilbur L. Ross, Donald J. Trump, U.S. Census Bureau, U.S. Department of Commerce. (Mauler, Daniel) (Filed on 9/28/2020) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
89

NOTICE of Appearance by Sopan Joshi (Joshi, Sopan) (Filed on 10/5/2020) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
90

NOTICE by Steven Dillingham, Wilbur L. Ross, Donald J. Trump, U.S. Census Bureau, U.S. Department of Commerce (Notice of Supplemental Authority) (Attachments: # 1 Exhibit Appellants' Supreme Court Supplemental Brief)(Mauler, Daniel) (Filed on 10/6/2020) (Entered: 10/06/2020)

1 Exhibit Appellants' Supreme Court Supplemental Brief

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Oct. 6, 2020

Oct. 6, 2020

PACER
91

CLERK'S NOTICE CONFIRMING OCTOBER 8, 2020 HEARING VIA ZOOM. The motion hearing remains as set on Thursday, October 8, 2020 at 1:30 PM. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lhk General Order 58. Persons granted access to court proceedings held by telephon e or videoconference are reminded that photographing, recording, and rebroadcasting 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.) (kedS, COURT STAFF) (Filed on 10/6/2020) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER

Clerk's Notice Setting Zoom Hearing

Oct. 6, 2020

Oct. 6, 2020

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 27, 2020

Closing Date: Jan. 13, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of city, county, and state governments that anticipated an adverse impact due to the Apportionment Exclusion Order to their governmental functions and to the interests of their residents.

Plaintiff Type(s):

City/County Plaintiff

State Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

President Donald Trump, Federal

Secretary Wilbur Ross, Federal

Steven Dillingham, Federal

U.S. Department of Commerce, Federal

U.S. Census Bureau, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Impact

Discrimination-basis:

Immigration status

Immigration/Border:

Undocumented immigrants - state and local regulation