Case: Sierra Club v. Trump

4:20-cv-01494 | U.S. District Court for the Northern District of California

Filed Date: Feb. 28, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 15, 2019, President Trump issued an executive order, Proclamation 9844, declaring a national emergency concerning the southern border of the United States. Following Proclamation 9844, Sierra Club and Southern Border Communities Coalition filed this suit on February 28, 2020 against President Trump and his administration on its own behalf and on behalf of its 825,000 members in the U.S. District Court for the Northern District of California. Sierra Club is a national nonprofit organ…

On February 15, 2019, President Trump issued an executive order, Proclamation 9844, declaring a national emergency concerning the southern border of the United States. Following Proclamation 9844, Sierra Club and Southern Border Communities Coalition filed this suit on February 28, 2020 against President Trump and his administration on its own behalf and on behalf of its 825,000 members in the U.S. District Court for the Northern District of California. Sierra Club is a national nonprofit organization that advocates for environmental education and wildlife protection. Southern Border Communities Coalition is a nonprofit public benefit corporation that brings together 60 organizations from California, Arizona, New Mexico, and Texas to promote policies and solutions that improve the quality of life in border communities. Represented by the ACLU, ACLU of Northern California, ACLU of Texas, and the Sierra Club Environmental Law Program, the plaintiffs alleged that President Trump’s administration sought to unlawfully divert billions of dollars appropriated for the military towards the border wall project, despite Congress having appropriated only $1.375 billion on any border barrier construction in fiscal year 2020, per Congress’s Consolidated Appropriations Act, 2020.

The plaintiffs sued the President, the U.S. Secretary of Defense, and the acting U.S. Secretary of Homeland Security under the National Environmental Policy Act (42 U.S.C. §4332), the Administrative Procedure Act (5 U.S.C. §§701–706), the All Writs Act (28 U.S.C. §1651), and the Declaratory Judgments Act (28 U.S.C. §2201), seeking declaratory and injunctive relief. The plaintiffs argued that the President unlawfully declared a national emergency in an attempt to circumvent Congress’s exclusive control over appropriation, following Congress’s consideration and rejection of the President’s requests for billions of dollars in wall funding with the passing of the Consolidated Appropriations Act of 2020. In doing so, the plaintiffs argued that the President violated the separation of powers, given that the Constitution vests all powers of appropriations exclusively in Congress. Furthermore, the plaintiffs alleged that the defendants violated the National Environmental Policy Act, because they failed to review the environmental impacts of the border wall construction project, per the regulations required and outlined in NEPA. Finally, the plaintiffs alleged that defendants' decisions to transfer military funds to wall construction constitute a violation of the Administrative Procedures Act because it was contrary to the Constitution and in excess of statutory authority.

The case was initially assigned to Magistrate Judge Laurel Beele, but quickly reassigned to Judge Haywood S. Gilliam. Jr. Judge Gilliam ordered the case related to

Sierra Club v. Trump, a similar case challenging 2019 appropriations.

On April 13, 2020, the Sierra Club and Southern Border Communities Coalition filed a partial motion for summary judgment, arguing that the Trump administration's use of 10 U.S.C. § 284 to divert military funding to the construction of the border wall was unlawful. The motion detailed that, similar to the court's holding in Sierra Club v. Trumpi, 379 F. Supp. 3d 883 (N.D. Cal. 2019), the President's administration could not use transfer authorities to fund a border wall that Congress considered and rejected. The defendants responded with a partial motion for summary judgment in opposition to the Sierra Club and Southern Border Communities Coalition, arguing that the plaintiffs' recreational and aesthetic interests fall outside the zone of interests of §8005 of the Consolidated Appropriations Act. Furthermore, the defendants' motion argued that §8005 authorized the transfer of funds by the Department of Defense and that the administration's use of 10 U.S.C. § 284 to divert funding for Counter-Drug purposes was lawful.

Meanwhile, on April 16, 2020, the U.S. House of Representatives submitted an amicus brief outlining their compelling interest in this case. The brief was filed in support of the plaintiffs' motion for partial summary judgment and requested that the court enjoin the President's administration from spending billions more than Congress appropriated for border wall construction.

While the cross-motions for summary judgment were still pending, the nation elected a new President in November 2020. Upon taking office on January 20, 2021, President Biden issued an executive order, Proclamation 10142, terminating the national emergency declared by Proclamation 9844. President Biden’s order further directed that officials pause work on the construction of the southern border wall and develop a plan to redirect funds and repurpose contracts.

In light of Proclamation 10142, on January 21, 2021, Judge Haywood S. Gilliam, Jr. directed both parties in this suit to file a joint status report regarding the effect President Biden's executive order has on the case and the pending motions for summary judgment. The joint status report was due February 16, 2021. As of February 5, 2021, the case is pending further updates.

Summary Authors

Dina Akhmetshina (2/5/2021)

Related Cases

State of California v. Trump, Northern District of California (2019)

Sierra Club v. Trump, Northern District of California (2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16904615/parties/sierra-club-v-biden/


Judge(s)

Gilliam, Haywood Stirling Jr. (California)

Attorneys(s) for Plaintiff

Donatti, David A. (Texas)

Hafetz, Jonathan L. (New York)

Jadwat, Omar C. (New York)

Ladin, Dror (New York)

Lee, Mollie M. (California)

Narayan, Sanjay (California)

Segura, Andre (Texas)

Shamsi, Hina (New York)

Smith, Gloria D. (California)

Judge(s)

Gilliam, Haywood Stirling Jr. (California)

Attorneys(s) for Plaintiff

Donatti, David A. (Texas)

Hafetz, Jonathan L. (New York)

Jadwat, Omar C. (New York)

Ladin, Dror (New York)

Lee, Mollie M. (California)

Narayan, Sanjay (California)

Segura, Andre (Texas)

Shamsi, Hina (New York)

Smith, Gloria D. (California)

Talla, Vasudha (California)

Wang, Cecillia D (California)

Zafar, Noor (New York)

Attorneys(s) for Defendant

Warden, Andrew Irwin (District of Columbia)

Other Attorney(s)

Letter, Douglas (District of Columbia)

Documents in the Clearinghouse

Document

4:20-cv-01494

4:19-00892

Docket [PACER]

Feb. 17, 2021

Feb. 17, 2021

Docket
1

4:20-cv-01494

Complaint for Declaratory and Injunctive Relief

Feb. 28, 2020

Feb. 28, 2020

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16904615/sierra-club-v-biden/

Last updated Aug. 5, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-14228708.). Filed bySierra Club, Southern Border Communities Coalition. (Attachments: # 1 Civil Cover Sheet)(Wang, Cecillia) (Filed on 2/28/2020) (Entered: 02/28/2020)

1 Civil Cover Sheet

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Feb. 28, 2020

Feb. 28, 2020

RECAP

Electronic Filing Error

Feb. 28, 2020

Feb. 28, 2020

PACER

~Util - Case Assigned by Intake

Feb. 28, 2020

Feb. 28, 2020

PACER
2

Proposed Summons. (Wang, Cecillia) (Filed on 2/28/2020) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
3

Certificate of Interested Entities by Sierra Club, Southern Border Communities Coalition (Wang, Cecillia) (Filed on 2/28/2020) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER

Electronic Filing Error. Incorrect CCS (Rev. 06/17). The Civil Cover Sheet's latest Rev. is (Rev 07/19). Please E-file an amended CCS ONLY. Event is from > Other Filings > Other Documents > Civil Cover Sheet. Re: 1 The Complaint's Civil Cover Sheet filed by Sierra Club, Southern Border Communities Coalition (cfeS, COURT STAFF) (Filed on 2/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
4

Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/13/2020. (cfeS, COURT STAFF) (Filed on 2/28/2020) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
5

Civil Cover Sheet by Sierra Club, Southern Border Communities Coalition . (Wang, Cecillia) (Filed on 2/28/2020) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
6

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/21/2020. Initial Case Management Conference set for 5/28/2020 11:00 AM. (mclS, COURT STAFF) (Filed on 2/28/2020) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

RECAP
7

Summons Issued as to Mark T. Esper, Donald J. Trump, Chad F. Wolf. (mclS, COURT STAFF) (Filed on 2/28/2020) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
8

ORDER RELATING CASE TO Docket No. 19-cv-00892-HSG. Signed by Judge Haywood S. Gilliam, Jr. on 3/2/2020. (ndrS, COURT STAFF) (Filed on 3/2/2020) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

PACER
9

ORDER REASSIGNING CASE. Case reassigned to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case. Signed by the Clerk on 03/03/2020. (ajsS, COURT STAFF) (Filed on 3/3/2020) (Entered: 03/03/2020)

March 3, 2020

March 3, 2020

PACER
10

CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for May 26, 2020, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by May 19, 2020. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:20-cv-01494-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 3/5/2020) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER

Clerk's Notice

March 5, 2020

March 5, 2020

PACER
11

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14249678.) filed by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Certificate of Good Standing)(Ladin, Dror) (Filed on 3/5/2020) (Entered: 03/05/2020)

1 Certificate of Good Standing

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March 5, 2020

March 5, 2020

PACER
12

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14249769.) filed by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Certificate of Good Standing)(Zafar, Noor) (Filed on 3/5/2020) (Entered: 03/05/2020)

1 Certificate of Good Standing

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March 5, 2020

March 5, 2020

PACER
13

NOTICE of Appearance by Andrew Irwin Warden (Warden, Andrew) (Filed on 3/5/2020) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
14

STIPULATION WITH PROPOSED ORDER to Establish Briefing Schedule and Procedures to Litigate Fiscal Year 2020 Border Barrier Projects filed by Mark T. Esper, Donald J. Trump, Chad F. Wolf, Southern Border Communities Coalition, and Sierra Club (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 3/5/2020) Modified on 3/6/2020 (jjbS, COURT STAFF). Modified on 3/6/2020 (jjbS, COURT STAFF). (Entered: 03/05/2020)

1 Proposed Order

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March 5, 2020

March 5, 2020

PACER
15

ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 14 in case 4:20-cv-01494-HSG and 15 in case 4:20-cv-01563-HSG) Stipulation to Establish Briefing Schedule and Procedures to Litigate Fiscal Year 2020 Border Barrier Projects.(ndrS, COURT STAFF) (Filed on 3/6/2020) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

RECAP

Set Deadlines/Hearings

March 6, 2020

March 6, 2020

PACER

Electronic Filing Error

March 6, 2020

March 6, 2020

PACER

Reset Deadlines, See Docket Nos. 15 in case 4:20-cv-01494-HSG and 21 in case 4:20-cv-01563-HSG: Motions due by 3/30/2020; Opposition and Cross Motions due by 4/17/2020; Replies and Responses due by 4/24/2020 and Replies due by 4/29/2020. (ndrS, COURT STAFF) (Filed on 3/6/2020)

March 6, 2020

March 6, 2020

PACER

Electronic filing error. REMINDER TO COUNSEL: Counsel is instructed that all future filings shall bear the initials HSG immediately after the case number. Re: 11 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14249678.) filed by Sierra Club, Southern Border Communities Coalition, 12 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14249769.) filed by Sierra Club, Southern Border Communities Coalition (jjbS, COURT STAFF) (Filed on 3/6/2020)

March 6, 2020

March 6, 2020

PACER
16

ORDER by Judge Haywood S. Gilliam, Jr. Granting 11 Motion for Pro Hac Vice as to Dror Ladin. (ndrS, COURT STAFF) (Filed on 3/6/2020) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

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17

ORDER by Judge Haywood S. Gilliam, Jr. Granting 12 Motion for Pro Hac Vice as to Zafar, Noor. (ndrS, COURT STAFF) (Filed on 3/6/2020) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

RECAP
18

***SEE DOCKET ENTRY 19 FOR CORRECTED DOCUMENT*** NOTICE of Filing of Administrative Record for Fiscal Year 2020 Border Barrier Projects Undertaken Pursuant to 10 U.S.C. ยง 284 by Mark T. Esper, Donald J. Trump, Chad F. Wolf. (Attachments: # 1 Exhibit Administrative Record for FY20 Section 284 Projects, # 2 Exhibit Certification of Administrative Record)(Warden, Andrew) (Filed on 3/6/2020) Modified on 3/9/2020 (cjlS, COURT STAFF). Modified on 3/10/2020 (cjlS, COURT STAFF). (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER

Electronic Filing Error

March 9, 2020

March 9, 2020

PACER

Electronic filing error. Incorrect Case numbers on the Notice. [err201] This filing will not be processed by the clerks office. Please re-file in its entirety Re: 18 Notice of Filing of Administrative Record for Fiscal Year 2020 Border Barrier Projects Undertaken Pursuant to 10 U.S.C. ยง 284 filed by Chad F. Wolf, Mark T. Esper, Donald J. Trump. (cjlS, COURT STAFF) (Filed on 3/9/2020)

March 9, 2020

March 9, 2020

PACER
19

NOTICE of Filing of Administrative Record for Fiscal Year 2020 Border Barrier Projects Undertaken Pursuant to 10 U.S.C. ยง 284 (corrected case numbers) by Mark T. Esper, Donald J. Trump, Chad F. Wolf. (Attachments: # 1 Exhibit Administrative Record for FY20 Section 284 Projects, # 2 Exhibit Certification of Administrative Record)(Warden, Andrew) (Filed on 3/9/2020) Modified on 3/10/2020 (cjlS, COURT STAFF). (Entered: 03/09/2020)

March 9, 2020

March 9, 2020

PACER
20

CERTIFICATE OF SERVICE by Sierra Club, Southern Border Communities Coalition (Ladin, Dror) (Filed on 3/19/2020) (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

PACER

Electronic Filing Error

March 20, 2020

March 20, 2020

PACER

Electronic filing error. REMINDER: No title Page. Certificate of Service e-filed separately and not as an attachment, require a title page. Please refer to Civil Local Rules 3-4 r e first page requirement. [err201] No further action is necessary Re: 20 Certificate of Service filed by Sierra Club, Southern Border Communities Coalition. (cjlS, COURT STAFF) (Filed on 3/20/2020)

March 20, 2020

March 20, 2020

PACER
21

STIPULATION WITH [PROPOSED] ORDER Requesting Order Changing Time filed by Sierra Club, Southern Border Communities Coalition, Mark T. Esper, Donald J. Trump, Chad F. Wolf. (Attachments: # 1 Declaration of Dror Ladin, # 2 Proposed Order)(Ladin, Dror) (Filed on 3/27/2020) Modified on 3/30/2020 (cjlS, COURT STAFF). (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
22

ORDER by Judge Haywood S. Gilliam, Jr. Granting 21 Stipulation Requesting Order Changing Time. Motions due by 4/13/2020; Responses/Cross Motions due by 5/1/2020; Replies/Responses due by 5/8/2020 and Replies due by 5/13/2020. (ndrS, COURT STAFF) (Filed on 3/30/2020) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

RECAP
23

MOTION for Partial Summary Judgment Regarding Section 284 Projects filed by Sierra Club, Southern Border Communities Coalition. Motion Hearing set for 5/28/2020 02:00 PM before Judge Haywood S Gilliam Jr.. Responses due by 5/1/2020. Replies due by 5/8/2020. (Attachments: # 1 Appendix of Declarations, # 2 Request for Judicial Notice, # 3 Proposed Order)(Ladin, Dror) (Filed on 4/13/2020) (Entered: 04/13/2020)

1 Appendix of Declarations

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2 Request for Judicial Notice

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3 Proposed Order

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April 13, 2020

April 13, 2020

RECAP
24

NOTICE of Appearance by Douglas N. Letter (Letter, Douglas) (Filed on 4/16/2020) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
25

Consent MOTION for leave to File Amicus Curiae Brief filed by U.S. House of Representatives. Responses due by 4/30/2020. Replies due by 5/7/2020. (Attachments: # 1 Exhibit (Amicus Brief), # 2 Proposed Order)(Letter, Douglas) (Filed on 4/16/2020) Modified on 4/17/2020 (cjlS, COURT STAFF). (Entered: 04/16/2020)

1 Exhibit (Amicus Brief)

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2 Proposed Order

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April 16, 2020

April 16, 2020

PACER
26

ORDER (as modified) by Judge Haywood S. Gilliam, Jr. Granting (docket nos. 25 in case 4:20-cv-01494-HSG and 60 in case 4:20-cv-01563-HSG) Consent MOTION to File Amicus Curiae Brief. Counsel is directed to file the Houses amicus brief on the docket in this matter.(ndrS, COURT STAFF) (Filed on 4/17/2020) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP
27

NOTICE of Errata re 23 MOTION for Partial Summary Judgment Regarding Section 284 Projects by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 [Corrected] Appendix of Declarations in Support Of Plaintiffs Motion For Partial Summary Judgment)(Ladin, Dror) (Filed on 4/21/2020) Modified on 4/22/2020 (cjlS, COURT STAFF). (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
28

CLERK'S NOTICE. Notice is hereby given that the hearing on the 23 motion for partial summary judgment,previously set for May 28th is vacated. See Docket No. 15 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 4/22/2020) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER

Clerk's Notice

April 22, 2020

April 22, 2020

PACER
29

MOTION for leave to appear in Pro Hac Vice Re: David Donatti (Filing fee $310, receipt number 0971-14412163) filed by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Donatti, David) (Filed on 4/27/2020) Modified on 4/28/2020 (cjlS, COURT STAFF). (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
30

MOTION for Partial Summary Judgment Regarding Fiscal Year 2020 Border Barrier Projects Pursuant to 10 U.S.C. 284 and Opposition to Plaintiffs' Motion for Partial Summary Judgment (ECF No. 23) filed by Mark T. Esper, Donald J. Trump, Chad F. Wolf. Responses due by 5/8/2020. Replies due by 5/13/2020. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Declaration, # 5 Proposed Order)(Warden, Andrew) (Filed on 5/1/2020) (Entered: 05/01/2020)

1 Declaration

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2 Exhibit

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3 Exhibit

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4 Declaration

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5 Proposed Order

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May 1, 2020

May 1, 2020

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31

ORDER by Judge Haywood S. Gilliam, Jr. Granting 29 Motion for Pro Hac Vice as to Donatti, David. (ndrS, COURT STAFF) (Filed on 5/7/2020) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

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REPLY (re 30 MOTION for Partial Summary Judgment Regarding Fiscal Year 2020 Border Barrier Projects Pursuant to 10 U.S.C. 284 and Opposition to 23 Plaintiffs' Motion for Partial Summary Judgment Regarding Section 284 Projects) filed by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Appendix of Declarations in Support Of Plaintiffs Reply)(Ladin, Dror) (Filed on 5/8/2020) Modified on 5/11/2020 (cjlS, COURT STAFF). (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
33

REPLY (re 30 MOTION for Partial Summary Judgment) filed by Mark T. Esper, Donald J. Trump, Chad F. Wolf. (Attachments: # 1 Declaration Second Enriquez Decl.)(Warden, Andrew) (Filed on 5/13/2020) Modified on 5/14/2020 (jlmS, COURT STAFF). (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
34

CLERK'S NOTICE. Notice is hereby given that the case management conference, previously set for May 26th, will be held on that date as a telephonic case management conference before Judge Haywood S. Gilliam, Jr. at 2:00 p.m. All counsel shall use the following dial-in information to access the call:Dial-In: 888-808-6929/Passcode: 6064255. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 5/18/2020) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER

Clerk's Notice

May 18, 2020

May 18, 2020

PACER
35

STIPULATION WITH [PROPOSED] ORDER To Vacate Case Management Conference Scheduled for May 26, 2020 filed by Mark T. Esper, Donald J. Trump, Chad F. Wolf, Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 5/19/2020) Modified on 5/20/2020 (cjlS, COURT STAFF). (Entered: 05/19/2020)

1 Proposed Order

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May 19, 2020

May 19, 2020

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ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 35 in case 4:20-cv-01494-HSG and 68 in case 4:20-cv-01563-HSG) Stipulation To Vacate Case Management Conference Scheduled for May 26, 2020. (ndrS, COURT STAFF) (Filed on 5/20/2020) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

RECAP
37

NOTICE of Modification to Fiscal Year 2020 Border Barrier Projects Undertaken Pursuant to 10 U.S.C. ยง 284 by Mark T. Esper, Donald J. Trump, Chad F. Wolf. (Attachments: # 1 Declaration)(Warden, Andrew) (Filed on 5/20/2020) Modified on 5/21/2020 (cjlS, COURT STAFF). (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
38

NOTICE of Updated Information Regarding Obligation of Funds for Fiscal Year 2020 Border Barrier Projects Undertaken Pursuant to 10 U.S.C. ยง 284 by Mark T. Esper, Donald J. Trump, Chad F. Wolf. (Attachments: # 1 Declaration)(Warden, Andrew) (Filed on 5/29/2020) Modified on 6/1/2020 (cjlS, COURT STAFF). (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
39

***DISREGARD ENTRY, DOCUMENT FILED IN THE WRONG CASE*** NOTICE of Substitution of Counsel by Vasudha Talla (Talla, Vasudha) (Filed on 6/5/2020) Modified on 6/8/2020 (cjlS, COURT STAFF). (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
40

NOTICE of Substitution of Counsel by Vasudha Talla (Talla, Vasudha) (Filed on 6/5/2020) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
41

ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to file a joint status report regarding what effect President Biden's January 20, 2021 Executive Order terminating the national emergency declared by Proclamation 9844 and pausing work on the construction projects on the southern border wall has on these cases and the pending motions for summary judgment. The parties shall file their joint status report by February 16, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 1/21/2021) (Entered: 01/21/2021)

Jan. 21, 2021

Jan. 21, 2021

PACER

Order

Jan. 21, 2021

Jan. 21, 2021

PACER

Set Deadline: See Docket No. 41 Status Report due by 2/16/2021. (amgS, COURT STAFF) (Filed on 1/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER

Set Deadlines/Hearings

Jan. 22, 2021

Jan. 22, 2021

PACER
42

STATUS REPORT by Mark T. Esper, Donald J. Trump, Chad F. Wolf. (Attachments: # 1 Exhibit)(Warden, Andrew) (Filed on 2/16/2021) (Entered: 02/16/2021)

1 Exhibit

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Feb. 16, 2021

Feb. 16, 2021

PACER
43

ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to file a further joint status report regarding what effect President Biden's January 20, 2021 Executive Order terminating the national emergency declared by Proclamation 9844 and pausing work on the construction projects on the southern border wall has on these cases and the pending motions for summary judgment. The parties shall file their joint status report by April 15, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 2/17/2021) (Entered: 02/17/2021)

Feb. 17, 2021

Feb. 17, 2021

PACER

Order

Feb. 17, 2021

Feb. 17, 2021

PACER
44

JOINT STATUS REPORT by Mark T. Esper, Donald J. Trump, Chad F. Wolf, and Sierra Club. (Warden, Andrew) (Filed on 4/15/2021) Modified on 4/16/2021 (bnsS, COURT STAFF). (Entered: 04/15/2021)

April 15, 2021

April 15, 2021

RECAP
45

ORDER by Hon. Haywood S. Gilliam, Jr. STAYING these cases in light of the parties' agreement and President Biden's January 20, 2021 Executive Order terminating the national emergency declared by Proclamation 9844 and pausing work on the construction projects on the southern border wall. The parties are DIRECTED to file a joint status report addressing further proceedings in these cases within 14 days of the Executive Branch's final decision regarding the challenged projects and redirection of funds, or by no later than May 17, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 4/21/2021) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

PACER

Case Stayed. (ndrS, COURT STAFF) (Filed on 4/21/2021)

April 21, 2021

April 21, 2021

PACER

Order

April 21, 2021

April 21, 2021

PACER

Case Stayed

April 22, 2021

April 22, 2021

PACER
46

NOTICE of Decision by the Department of Defense to Cancel All Border Wall Projects Undertaken Pursuant to 10 U.S.C. 284 and 10 U.S.C. 2808 by Mark T. Esper, Donald J. Trump, Chad F. Wolf (Attachments: # 1 Exhibit DoD Action Memo & Tabs)(Warden, Andrew) (Filed on 4/30/2021) Modified on 5/3/2021 (bnsS, COURT STAFF). (Entered: 04/30/2021)

1 Exhibit DoD Action Memo & Tabs

View on PACER

April 30, 2021

April 30, 2021

PACER
47

JOINT STATUS REPORT, by Mark T. Esper, Joseph R. Biden, Chad F. Wolf, Sierra Club. (Warden, Andrew) (Filed on 5/14/2021) Modified on 5/17/2021 (jlmS, COURT STAFF). (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER
48

ORDER by Hon. Haywood S. Gilliam, Jr. continuing to stay these cases in light of the parties' agreement and President Biden's January 20, 2021 Executive Order terminating the national emergency declared by Proclamation 9844 and pausing work on the construction projects on the southern border wall. The parties are DIRECTED to file a joint status report by June 17, 2021, addressing the plan as directed by the Proclamation and its impact on these cases. The Court further SETS a telephonic case management conference on June 22, 2021, at 2:00 p.m. All counsel, members of the public, and press please use the following dial-in information below to access the conference line: Dial-In: 888-808-6929 Passcode: 6064255.The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.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.Signed by Haywood S. Gilliam, Jr. on 5/17/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 5/17/2021) (Entered: 05/17/2021)

May 17, 2021

May 17, 2021

PACER

Set Deadlines/Hearings, see docket nos. 294 in 19-cv-00872-hsg; 309 in case no. 19-cv-00892-hsg; 48 in case no. 20-cv-01494-hsg; and 92 in case no. 20-cv-01563-hsg; Status Report due by 6/17/2021 and Telephonic Further Case Management Conference set for 6/22/2021 02:00 PM This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.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. (ndrS, COURT STAFF) (Filed on 5/17/2021)

May 17, 2021

May 17, 2021

PACER

~Util - Telephonic Hearing (AT&T) AND Order

May 17, 2021

May 17, 2021

PACER

Order AND ~Util - Telephonic Hearing (AT&T)

May 17, 2021

May 17, 2021

PACER

~Util - Telephonic Hearing (AT&T) AND Set Deadlines/Hearings

May 18, 2021

May 18, 2021

PACER
49

NOTICE of Completion of Border Wall Plans by the Departments of Defense and Homeland Security by Joseph R. Biden(in his official capacity as President of the United States of America ), Mark T. Esper, Chad F. Wolf (Attachments: # 1 Exhibit DoD Border Wall Plan, # 2 Exhibit DoD Funding Plan, # 3 Exhibit DHS Border Wall Plan)(Warden, Andrew) (Filed on 6/11/2021) Modified on 6/14/2021 (bnsS, COURT STAFF). (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
50

STATUS REPORT by Joseph R. Biden(in his official capacity as President of the United States of America ), Mark T. Esper, Chad F. Wolf. (Warden, Andrew) (Filed on 6/16/2021) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
51

NOTICE by Sierra Club, Southern Border Communities Coalition Re. Response to Defendants Motion in the Supreme Court (Attachments: # 1 Exhibit A: Respondents' Opposition to Motion to Vacate and Remand)(Wang, Cecillia) (Filed on 6/22/2021) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

PACER
52

Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Further Case Management Conference held on 6/2/2021. Total Time in Court: 16 minutes. Not Reported. Plaintiff Attorney: Christine Chuang; Janelle Smith; Dror Ladin; and Cecillia Wang. Defendant Attorney: Andrew Warden. Following remand, Parties are directed to meet and confer and e-file a stipulation and proposed order that 1) withdraws the pending motions for summary judgment without prejudice to renewal at a later date and 2) proposes a briefing schedule for any anticipated renewed motions for summary judgment. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 6/22/2021) (Entered: 06/23/2021)

June 22, 2021

June 22, 2021

PACER

Case Management Conference - Further

June 23, 2021

June 23, 2021

PACER
53

STIPULATION WITH PROPOSED ORDER filed by Joseph R. Biden(in his official capacity as President of the United States of America ), Mark T. Esper, Donald J. Trump, Chad F. Wolf. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 9/13/2021) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
54

ORDER (as modified) GRANTING (Docket Nos. 305 in 4:19-cv-00872-HSG; 320 in 4:19-cv-00892-HSG ; 53 in 4:20-cv-01494-HSG; and 99 in 4:20-cv-01563-HSG ) WITHDRAWING PENDING CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT, REFERRING CASES TO MAGISTRATE JUDGE TO FACILITATE SETTLEMENT DISCUSSIONS, AND STAYING PROCEEDINGS. Signed by Judge Haywood S. Gilliam, Jr. on 9/13/2021. This order terminates docket nos. 23 in 4:20-cv-01494-HSG ;30 in 4:20-cv-01494-HSG ;55 in 4:20-cv-01563-HSG; and 62 in 4:20-cv-01563-HSG. ORDER REFERRING CASE to Magistrate Judge Ryu for Settlement. Status Report due by 12/12/2021.(ndrS, COURT STAFF) (Filed on 9/13/2021) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER

CASE REFERRED to Magistrate Judge Donna M. Ryu for Settlement (ahm, COURT STAFF) (Filed on 9/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
55

CLERK'S NOTICE: Notice is hereby given to all parties that Magistrate Judge Donna M. Ryu will convene a pre-settlement conference call to discuss timing and preparation for a settlement conference. Judge Ryu anticipates that the phone call will last approximately 20-30 minutes. The conference call shall take place on 10/13/2021 09:30 AM in Oakland, - Telephonic Only. Lead Counsel for all parties shall participate. Counsel will receive the call-in information via e-mail from Judge Ryu's courtroom deputy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 9/16/2021) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER

Clerk's Notice

Sept. 16, 2021

Sept. 16, 2021

PACER
56

Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Planning call held in advance of 11/19/2021 Zoom settlement conference which will start at 10:30 AM Pacific Time. Results: Counsel may contact Judge Ryu at DMRsettlement@cand.uscourts.gov if they require further assistance in identifying the appropriate attendees in order to comply with the settlement conference scheduling order.Liberty Recording Time: Not Recorded For State Plaintiffs: Janelle Smith; Michael Cayaban; James Zahradka; and James RichardsonFor Sierra Club and SBCC: Dror Ladin; David Donatti and Cecillia WangFor Federal Defendants: Andrew Warden (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Date Filed: 10/13/2021) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER
57

NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 11/19/2021 10:30 AM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu.Judge Ryu will conduct the settlement conference in her designated non-public Zoom Meeting "room." The non-public Zoom Meeting link is available on Judge Ryu's webpage, by going to: https://www.cand.uscourts.gov/dmr, or Join ZoomGov Meeting by clicking the link or using the information below: https://cand-uscourts.zoomgov.com/j/1619494731?pwd=cnZyVXVqWExEZzcxcDBBdzRuLzVldz09 Meeting ID: 161 949 4731 Passcode: 030361 Signed by Magistrate Judge Donna M. Ryu on 10/13/2021. (ig, COURT STAFF) (Filed on 10/13/2021) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER

Settlement Conference AND 1 - Terminate Hearings

Oct. 14, 2021

Oct. 14, 2021

PACER
58

Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Settlement Conference held on 11/19/2021.Total Time: 5 hours. (amg, COURT STAFF) (Date Filed: 11/19/2021) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
59

Amended Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Settlement Conference held on 11/19/2021.Total Time: 5 hours. Court Reporter: Not Reported. (amg, COURT STAFF) (Date Filed: 11/19/2021) (Entered: 12/02/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
60

STATUS REPORT by Joseph R. Biden(in his official capacity as President of the United States of America ), Mark T. Esper, Donald J. Trump, Chad F. Wolf. (Warden, Andrew) (Filed on 12/13/2021) (Entered: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

PACER
61

ORDER by Hon. Haywood S. Gilliam, Jr. The Court understands from the parties' status report that they continue to engage in productive settlement discussions to resolve these cases. The Court therefore DIRECTS the parties to file by March 14, 2022, a joint status report addressing the status of the parties' settlement discussions and, if necessary, any further proceedings in these cases. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1, COURT STAFF) (Filed on 12/13/2021)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: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

PACER

Order

Dec. 13, 2021

Dec. 13, 2021

PACER
62

Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Telephonic Pre-Settlement Conference held on 12/17/2021.(ndr, COURT STAFF) (Date Filed: 12/17/2021) (Entered: 12/20/2021)

Dec. 17, 2021

Dec. 17, 2021

PACER
63

CLERK'S NOTICE: Judge Ryu will convene a one-hour settlement status and planning session via Zoom with counsel only on 3/15/2022 01:00 PM Pacific Time. To prepare for the session, by 3/8/22 each party shall communicate proposed next steps for the settlement process and shall copy Judge Ryu at DMRsettlement@cand.uscourts.gov. Judge Ryu will conduct the settlement status and planning session in her designated non-public Zoom Meeting "room." The non-public Zoom Meeting link is available on Judge Ryu's webpage, by going to: https://www.cand.uscourts.gov/dmr, or Join ZoomGov Meeting by clicking the link or using the information below: https://cand-uscourts.zoomgov.com/j/1619494731?pwd=cnZyVXVqWExEZzcxcDBBdzRuLzVldz09 Meeting ID: 161 949 4731 Passcode: 030361 (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 2/8/2022)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: 02/08/2022)

Feb. 8, 2022

Feb. 8, 2022

PACER

Clerk's Notice

Feb. 8, 2022

Feb. 8, 2022

PACER
64

STATUS REPORT by Joseph R. Biden(in his official capacity as President of the United States of America ), Mark T. Esper, Chad F. Wolf. (Warden, Andrew) (Filed on 3/14/2022) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

RECAP
65

ORDER by Hon. Haywood S. Gilliam, Jr. The Court understands from the parties' status report that they continue to engage in productive settlement discussions to resolve these cases. The Court therefore DIRECTS the parties to file by June 13, 2022, a joint status report addressing the status of the parties' settlement discussions and, if necessary, any further proceedings in these cases. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1, COURT STAFF) (Filed on 3/15/2022)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: 03/15/2022)

March 15, 2022

March 15, 2022

PACER
66

Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further settlement discussions held on 3/15/2022 via Zoom. Results: Judge Ryu excused Plaintiff State of Wisconsin from participation in settlement discussions. By 4/13/2022, Defendants shall send a confidential letter that (1) identifies the total dollar amount that will be spent on remediation, and (2) using the 2/4/2022 confidential settlement letter as a guide but adding the Bootheel of New Mexico and Hidalgo County, New Mexico, identifies which projects can or will be completed with that funding, and identifies which if any projects are not likely to be completed. Defendants shall include best estimates (even if rough) of amounts that will be spent on each project or within each Border Patrol Sector. By 5/13/2022, the Organizational Plaintiffs, California, and New Mexico shall each send a confidential letter that makes a settlement demand by identifying specific remediation projects. All letters shall be copied to Judge Ryu at DMRsettlement@cand.uscourts.gov. Judge Ryu will determine next steps after reviewing the parties' submissions. Digital Recording Time: Zoom Webinar - Not Recorded For Organizational Plaintiffs: Dror LadinFor State Plaintiffs: Janelle Smith; Michael Cayaban; James Richardson; James Zahradka; Jenny Lusk; Nicholas Sydow; Marie Soueid; and Gabe Johnson-KarpFor Defendants: Andrew Warden (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Date Filed: 3/15/2022) (Entered: 03/17/2022)

March 15, 2022

March 15, 2022

PACER

Order

March 15, 2022

March 15, 2022

PACER

Settlement Conference AND 1 - Terminate Hearings

March 17, 2022

March 17, 2022

PACER

1 - Terminate Hearings AND Settlement Conference

March 17, 2022

March 17, 2022

PACER

Case Details

State / Territory: California

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 28, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Sierra Club and the Southwest Border Communities Coalition

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

President of the United States, Federal

Secretary of Defense, Federal

Secretary of Homeland Security, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Mandamus, 28 U.S.C. § 1361

All Writs Act, 28 U.S.C. § 1651

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Border wall