Case: California v. Trump

5:20-cv-05169 | U.S. District Court for the Northern District of California

Filed Date: July 28, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

In March 2018, Secretary Ross and the Department of Commerce announced that a citizenship question would be added to the 2020 Census, because of a request from the Department of Justice for data to enforce the Voting Rights Act. A number of lawsuits followed, culminating in the Supreme Court affirming that the asserted reason for including the citizenship question — to aid in Voting Rights Act enforcement — was pretextual. Subsequently, President Trump, in a continued effort to attempt to exclu…

In March 2018, Secretary Ross and the Department of Commerce announced that a citizenship question would be added to the 2020 Census, because of a request from the Department of Justice for data to enforce the Voting Rights Act. A number of lawsuits followed, culminating in the Supreme Court affirming that the asserted reason for including the citizenship question — to aid in Voting Rights Act enforcement — was pretextual. Subsequently, President Trump, in a continued effort to attempt to exclude immigrants from the 2020 Census count, issued a Presidential Memorandum on July 21, 2020 entitled “Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census." This memorandum essentially sought to accomplish the same ends as the 2018 action by the Department of Commerce. Although no citizenship question appeared in the 2020 Census, the President asserted plans to exclude "aliens who are not in a lawful immigration status under the Immigration and Nationality Act" for the reapportionment following the Census.

On July 28, 2020 the State of California, the City of Los Angeles, the City of Long Beach, the City of Oakland, and the Los Angeles Unified School District filed this lawsuit for declaratory and injunction relief in the Northern District of California. Specifically, the plaintiffs sought declaratory and injunctive relief to prevent its implementation under the Administrative Procedure Act. The plaintiffs alleged that President Trump’s July 21 Memorandum violates the constitutional mandates for the census (actual enumeration and apportionment) and the separation of powers under U.S. Const. art. I § 1 and U.S. Const. art. II § 3, as well as violating the Census Act. In addition, the plaintiffs alleged that the defendants would not be able to accurately exclude undocumented immigrants from the apportionment count given the "'lack of accurate estimates of the resident undocumented population' on a state-by-state basis."

The case was initially assigned to Magistrate Judge Jacqueline Scott Corley, but was reassigned twice – first to Edward M. Chen, then to Lucy H. Koh. Per the request of Judge Koh, on August 20, 2020, Chief Judge Sidney R. Thomas of the Ninth Circuit Court of Appeals issued an order designating a three-judge court pursuant to 28 U.S.C. § 2284, a federal statute that requires convening a three-judge court in cases that challenge the constitutionality of the apportionment of congressional districts. Following this order, Judge Richard R. Clifton of the Ninth Circuit Court of Appeals and Judge Edward M. Chen of the Northern District of California were assigned to this case along with Judge Koh.

On August 21, 2020, Judge Lucy Koh issued an order relating this case with National Urban League v. Ross, and City of San Jose v. Trump.

On August 24, 2020, the plaintiffs filed an amended complaint. The complaint added the County of Los Angeles as a plaintiff and added an allegation of an additional violation of the Census Act.

On September 10, the defendants filed a motion to dismiss and for partial summary judgment.

The case is ongoing as of October 9, 2020.

Summary Authors

Rachel Kreager (9/28/2020)

Related Cases

City of San Jose v. Trump, Northern District of California (2020)

National Urban League v. Ross, Northern District of California (2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17388018/parties/state-of-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

Becerra, Xavier (California)

Bee, Maria (California)

Boutin, Gabrielle Downey (California)

Dundas, Michael Joseph (California)

Evans, Sue Ann Salmon (California)

Feuer, Michael Nelson (California)

Judge(s)

Chen, Edward Milton (California)

Clifton, Richard R. (Hawaii)

Cousins, Nathanael M. (California)

Koh, Lucy Haeran (California)

Attorneys(s) for Plaintiff

Becerra, Xavier (California)

Bee, Maria (California)

Boutin, Gabrielle Downey (California)

Dundas, Michael Joseph (California)

Evans, Sue Ann Salmon (California)

Feuer, Michael Nelson (California)

Flores, Valerie L. (California)

Green, Blaine I (California)

Hakl, Anthony R. III (California)

Harvey, Jaqueline N (California)

Holtzman, David Ilan (California)

Kappes, Daniel P (California)

Kenealy, Kathleen Alice (California)

Kilaita, Monica J (California)

McPherson, Malia (California)

Parker, Barbara J (California)

Parkin, Charles (California)

Patterson, Thomas S. (California)

Wise, R Matthew (California)

Yeomans, Keith Alexander (California)

Attorneys(s) for Defendant

Mauler, Daniel (District of Columbia)

Rosenberg, Brad P. (District of Columbia)

Other Attorney(s)

Altman, Jennifer G (Florida)

Chase-Woods, Dustin James (California)

Clary, Richard W, (New York)

Devitt, Tamara Irene (California)

Letter, Douglas (District of Columbia)

Pisko, Michael John (New York)

Rivaux, Shani (Florida)

Trachtenberg, Mark R (Texas)

Wydra, Elizabeth B. (District of Columbia)

Documents in the Clearinghouse

Document

5:20-cv-05169

5:20-cv-05167

Docket [PACER]

State of California v. Trump

Sept. 10, 2020

Sept. 10, 2020

Docket
1

5:20-cv-05169

Complaint for Declaratory and Injunctive Relief

State of California v. Trump

July 28, 2020

July 28, 2020

Complaint
28

5:20-cv-05169

First Amended Complaint for Declaratory and Injunctive Relief

State of California v. Trump

Aug. 24, 2020

Aug. 24, 2020

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17388018/state-of-california-v-trump/

Last updated Sept. 2, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against Steven Dillingham, Wilbur L. Ross, Donald J. Trump, U.S. Census Bureau, U.S. Department of Commerce ( Filing fee $ 400, receipt number 0971-14742550.). Filed byXavier Becerra, State of California. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet)(Wise, R.) (Filed on 7/28/2020) (Entered: 07/28/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Civil Cover Sheet

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July 28, 2020

July 28, 2020

RECAP
2

Proposed Summons. (Wise, R.) (Filed on 7/28/2020) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
3

Case assigned to Magistrate Judge Jacqueline Scott Corley. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (haS, COURT STAFF) (Filed on 7/28/2020) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
4

NOTICE of Appearance by Gabrielle Downey Boutin (Boutin, Gabrielle) (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
5

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Xavier Becerra, State of California.. (Wise, R.) (Filed on 7/29/2020) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER
6

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/22/2020. Initial Case Management Conference set for 10/29/2020 01:30 PM in San Francisco, Courtroom E, 15th Floor. (Attachments: # 1 Standing Order)(msrS, COURT STAFF) (Filed on 7/29/2020)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: 07/29/2020)

1 Standing Order

View on RECAP

July 29, 2020

July 29, 2020

RECAP
7

Summons Issued as to Steven Dillingham, Wilbur L. Ross, Donald J. Trump, U.S. Census Bureau, U.S. Department of Commerce. (msrS, COURT STAFF) (Filed on 7/29/2020) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER
8

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ahm, COURT STAFF) (Filed on 7/29/2020)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: 07/29/2020)

July 29, 2020

July 29, 2020

PACER
9

ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward M. Chen for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 7/29/20. (Attachments: # 1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 7/29/2020)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: 07/29/2020)

1 Notice of Eligibility for Video Recording

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July 29, 2020

July 29, 2020

PACER

Clerk's Notice of Impending Reassignment - Text Only

July 29, 2020

July 29, 2020

PACER
10

CASE MANAGEMENT CONFERENCE ORDER IN REASSIGNED CASE: Initial Case Management Conference set for 10/15/2020 09:30 AM in San Francisco. Joint Case Management Statement due by 10/8/2020. Signed by Judge Edward M. Chen on 8/3/2020. (afmS, COURT STAFF) (Filed on 8/3/2020) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
11

CERTIFICATE OF SERVICE by Xavier Becerra, State of California (Wise, R.) (Filed on 8/6/2020) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
12

ORDER REASSIGNING CASE. Case reassigned to Judge Lucy H. Koh for all further proceedings re Docket Entry 43 filed in Case 20-5167] Relating Cases. 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 Edward M. Chen no longer assigned to case. (Attachments: # 1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 8/14/2020)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 8/14/2020 (bwS, COURT STAFF). (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
13

**CLERK'S NOTICE SETTING ZOOM HEARING** Following the case reassignment to the Honorable Lucy H. Koh, an Initial Case Management Conference is set for August 18, 2020 at 10:30 AM via Zoom Webinar. 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. (Counsel who have already pre-registered for the Initial Case Management Conference in the related case, 5:20-cv-05167-LHK, need not register a second time.) 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.) (kedS, COURT STAFF) (Filed on 8/17/2020) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
14

NOTICE of Appearance by Daniel D. Mauler on behalf of Federal Defendants (Mauler, Daniel) (Filed on 8/17/2020) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
15

CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by Xavier Becerra, State of California. (Boutin, Gabrielle) (Filed on 8/17/2020) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

RECAP

Clerk's Notice Setting Zoom Hearing

Aug. 17, 2020

Aug. 17, 2020

PACER
16

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

PACER
17

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

RECAP
18

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

PACER
19

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
20

STIPULATION Regarding Topics for Early Dispositive Briefings and Responsive Pleading Deadlines filed by Xavier Becerra, State of California. (Attachments: # 1 Declaration, # 2 Proposed Order)(Boutin, Gabrielle) (Filed on 8/19/2020) (Entered: 08/19/2020)

1 Declaration

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2 Proposed Order

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Aug. 19, 2020

Aug. 19, 2020

PACER
21

***FILED IN ERROR - See ECF 22 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

~Util - Set Hearings AND Case Management Conference - Initial

Aug. 19, 2020

Aug. 19, 2020

PACER

Case Management Conference - Initial AND ~Util - Set Hearings

Aug. 19, 2020

Aug. 19, 2020

PACER
22

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
23

NOTICE of Appearance by Sue Ann Salmon Evans as Lead Counsel for Plaintiff Los Angeles Unified School District (Salmon Evans, Sue) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
24

NOTICE of Appearance by Keith Alexander Yeomans for Plaintiff Los Angeles Unified School District (Yeomans, Keith) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
25

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
26

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
27

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

RECAP

Order

Aug. 21, 2020

Aug. 21, 2020

PACER
28

FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF by Xavier Becerra, State of California. (Wise, R.) (Filed on 8/24/2020) Modified on 8/25/2020 . Incorrect event selected when posting document (dhmS, COURT STAFF). (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

RECAP

Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: 28 Amended Document filed by State of California, Xavier Becerra (dhmS, COURT STAFF) (Filed on 8/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
29

NOTICE of Appearance by Kathleen Alice Kenealy for Plaintiff City of Los Angeles (Kenealy, Kathleen) (Filed on 8/25/2020) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
30

NOTICE of Appearance by Michael Joseph Dundas for Plaintiff City of Los Angeles (Dundas, Michael) (Filed on 8/25/2020) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
31

NOTICE of Appearance by David Ilan Holtzman Daniel P. Kappes and Jacqueline N. Harvey (Holtzman, David) (Filed on 8/25/2020) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER

Electronic Filing Error

Aug. 25, 2020

Aug. 25, 2020

PACER
32

TRANSCRIPT ORDER for proceedings held on 8/18/2020 before Judge Lucy H. Koh for Court Reporter Lee-Anne Shortridge. (sp, COURT STAFF) (Filed on 8/26/2020) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
33

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
34

NOTICE of Appearance by Valerie Louise Flores as Lead Counsel for Plaintiff City of Los Angeles (Flores, Valerie) (Filed on 8/26/2020) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
35

STIPULATION Joint Stipulation to Permit Filings of Amicus Briefs filed by Xavier Becerra, State of California. (Boutin, Gabrielle) (Filed on 8/27/2020) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
36

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
37

MOTION for Partial Summary Judgment filed by Xavier Becerra, State of California. 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 Declaration of Gilgenbach, # 2 Declaration of Lankenau, # 3 Proposed Order)(Boutin, Gabrielle) (Filed on 8/27/2020) Modified Replies due date to 9/21/2020 on 9/1/2020 (dhmS, COURT STAFF). (Entered: 08/28/2020)

1 Declaration of Gilgenbach

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2 Declaration of Lankenau

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3 Proposed Order

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Aug. 27, 2020

Aug. 27, 2020

PACER
38

EXHIBITS re 37 MOTION for Partial Summary Judgment filed byXavier Becerra, State of California. (Attachments: # 1 Exhibit 2 to Declaration of Lankenau, # 2 Exhibit 3 to Declaration of Lankenau, # 3 Exhibit 4 to Declaration of Lankenau, # 4 Exhibit 5 to Declaration of Lankenau, # 5 Exhibit 6 to Declaration of Lankenau, # 6 Exhibit 7 to Declaration of Lankenau, # 7 Exhibit 8 to Declaration of Lankenau, # 8 Exhibit 9 to Declaration of Lankenau, # 9 Exhibit 10 to Declaration of Lankenau, # 10 Exhibit 11 to Declaration of Lankenau, # 11 Exhibit 12 to Declaration of Lankenau, # 12 Exhibit 13 to Declaration of Lankenau, # 13 Exhibit 14 to Declaration of Lankenau, # 14 Exhibit 15 to Declaration of Lankenau, # 15 Exhibit 16 to Declaration of Lankenau, # 16 Exhibit 17 to Declaration of Lankenau, # 17 Exhibit 18 to Declaration of Lankenau, # 18 Exhibit 19 to Declaration of Lankenau, # 19 Exhibit 20 to Declaration of Lankenau, # 20 Exhibit 21 to Declaration of Lankenau, # 21 Exhibit 22 to Declaration of Lankenau, # 22 Exhibit 23 to Declaration of Lankenau, # 23 Exhibit 24 to Declaration of Lankenau, # 24 Exhibit 25 to Declaration of Lankenau, # 25 Exhibit 26 to Declaration of Lankenau, # 26 Exhibit 27 to Declaration of Lankenau, # 27 Exhibit 28 to Declaration of Lankenau, # 28 Exhibit 29 to Declaration of Lankenau, # 29 Exhibit 30 to Declaration of Lankenau, # 30 Exhibit 31 to Declaration of Lankenau, # 31 Exhibit 32 to Declaration of Lankenau, # 32 Exhibit 33 to Declaration of Lankenau, # 33 Exhibit 34 to Declaration of Lankenau, # 34 Exhibit 35 to Declaration of Lankenau)(Related document(s) 37 ) (Boutin, Gabrielle) (Filed on 8/28/2020) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
39

NOTICE by Xavier Becerra, State of California of Errata to Declaration of Ruth Gilgenbach, PH.D in Support of Plaintiffs' Motion for Partial Summary Judgment (Wise, R.) (Filed on 8/28/2020) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
40

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14879899.) 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) (Entered: 08/31/2020)

1 Certificate/Proof of Service

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2 Certificate/Proof of Service

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Aug. 31, 2020

Aug. 31, 2020

PACER
41

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
42

NOTICE of Appearance by Monica J. Kilaita for City of Long Beach (Kilaita, Monica) (Filed on 8/31/2020) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
43

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14881247.) 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

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Aug. 31, 2020

Aug. 31, 2020

PACER
44

Order by Judge Lucy H. Koh granting 43 Motion for Pro Hac Vice. (lhklc3, COURT STAFF) (Filed on 8/31/2020) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
45

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
46

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
47

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
48

NOTICE of Appearance by Maria Bee (Bee, Maria) (Filed on 9/1/2020) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
49

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14888763.) 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
50

Order by Judge Lucy H. Koh granting 49 Motion for Pro Hac Vice. (lhklc3, COURT STAFF) (Filed on 9/1/2020) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
51

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
52

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
53

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
54

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
55

Brief re 37 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) 37 ) (Green, Blaine) (Filed on 9/1/2020) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
56

MOTION for leave to appear in Pro Hac Vice for Michael J. Pisko ( Filing fee $ 310, receipt number 0971-14893829.) 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
57

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
58

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
59

NOTICE of Appearance by Brad Prescott Rosenberg (Rosenberg, Brad) (Filed on 9/4/2020) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
60

Order by Judge Lucy H. Koh granting 56 Motion for Pro Hac Vice. (lhklc3, COURT STAFF) (Filed on 9/6/2020) (Entered: 09/06/2020)

Sept. 6, 2020

Sept. 6, 2020

PACER
61

MOTION to Dismiss, MOTION for Partial Summary Judgment, and Opposition to Plaintiffs' Motion for Partial Summary Judgment (ECF No. 37) 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

PACER
62

REPLY (re 37 MOTION for Partial Summary Judgment, 61 MOTION to Dismiss MOTION for Partial Summary Judgment, and Opposition to Plaintiffs' Motion for Partial Summary Judgment (ECF No. 37) ) filed byXavier Becerra, State of California. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Declaration, # 7 Declaration)(Boutin, Gabrielle) (Filed on 9/21/2020) (Entered: 09/21/2020)

1 Declaration

View on PACER

2 Declaration

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3 Declaration

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4 Declaration

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5 Declaration

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6 Declaration

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7 Declaration

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Sept. 21, 2020

Sept. 21, 2020

PACER
63

REPLY in Support of ( 61 MOTION to Dismiss, MOTION for Partial Summary Judgment, and Opposition to 37 Plaintiffs' Motion for Partial Summary Judgment filed by Steven Dillingham, Wilbur L. Ross, Donald J. Trump, U.S. Census Bureau, U.S. Department of Commerce. (Mauler, Daniel) (Filed on 9/28/2020) Modified on 9/29/2020 linking entry to document #37 (dhmS, COURT STAFF). (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER

Electronic filing error. Document not properly linked. [err102]Corrected by Clerk's Office. No further action is necessary. Re: 63 Reply to Opposition/Response, filed by U.S. Census Bureau, Wilbur L. Ross, U.S. Department of Commerce, Steven Dillingham, Donald J. Trump (dhmS, COURT STAFF) (Filed on 9/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER

Electronic Filing Error

Sept. 29, 2020

Sept. 29, 2020

PACER
64

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

Oct. 5, 2020

Oct. 5, 2020

PACER
65

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
66

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
67

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Plaintiff, City of Los Angeles) (Flores, Valerie) (Filed on 10/8/2020) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
68

CERTIFICATE of Counsel ADR CERTIFICATION BY PARTIES AND COUNSEL by Gabrielle Downey Boutin on behalf of Xavier Becerra, State of California (Boutin, Gabrielle) (Filed on 10/8/2020) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
69

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Los Angeles Unified School District (Salmon Evans, Sue) (Filed on 10/8/2020) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
70

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for City of Long Beach (Kilaita, Monica) (Filed on 10/8/2020) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
71

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Attachments: # 1 Certificate/Proof of Service)(Holtzman, David) (Filed on 10/8/2020) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
72

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Bee, Maria) (Filed on 10/8/2020) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
73

NOTICE of Appearance by John Robinson (Robinson, John) (Filed on 10/8/2020) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
74

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Robinson, John) (Filed on 10/8/2020) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
75

Minute Entry for proceedings held before Judge Richard R. Clifton, Judge Edward M. Chen, and Judge Lucy H. Koh: Hearing on Motion for Partial Summary Judgment and Motion to Dismiss held on October 8, 2020 from 1:31 PM - 2:40 PM (1 hour, 9 minutes). Total Time in Court: 1 hour, 9 minutes. Court Reporter: Summer Fisher. For Plaintiffs: Richard Bress and Matthew Wise. For Defendants: Sopan Joshi. 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: 10/8/2020) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
76

TRANSCRIPT ORDER for proceedings held on 10/8/2020 before Judge Richard R. Clifton by Xavier Becerra, State of California, for Court Reporter Summer Fisher. (Boutin, Gabrielle) (Filed on 10/9/2020) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
77

TRANSCRIPT ORDER for proceedings held on 10/8/2020 before Judge Richard R. Clifton, Judge Edward M. Chen, and Judge Lucy H. Koh for Court Reporter Summer Fisher. (sp, COURT STAFF) (Filed on 10/9/2020) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
78

Transcript of Proceedings held on 10/08/2020, before Judge Lucy H. Koh. Court Reporter/Transcriber Summer Fisher, telephone number summer_fisher@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/Transcriber 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 (77 in 5:20-cv-05169-LHK-RRC-EMC) Transcript Order ) Redaction Request due 10/30/2020. Redacted Transcript Deadline set for 11/9/2020. Release of Transcript Restriction set for 1/7/2021. (Fisher, Summer) (Filed on 10/9/2020) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER

~Util - Set Deadlines/Hearings AND Motion Hearing

Oct. 9, 2020

Oct. 9, 2020

PACER

Motion Hearing AND ~Util - Set Deadlines/Hearings

Oct. 9, 2020

Oct. 9, 2020

PACER
79

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 A - Supreme Court stay order, # 2 Exhibit B - Census Bureau Statement)(Robinson, John) (Filed on 10/14/2020) (Entered: 10/14/2020)

1 Exhibit A - Supreme Court stay order

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2 Exhibit B - Census Bureau Statement

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Oct. 14, 2020

Oct. 14, 2020

PACER
80

ADMINISTRATIVE MOTION Leave to File Statement of Recent Development Pursuant to Civil Local Rule 7-3(d) filed by Xavier Becerra, State of California. Responses due by 10/19/2020. (Attachments: # 1 Statement, # 2 Declaration, # 3 Proposed Order, # 4 Certificate/Proof of Service)(Boutin, Gabrielle) (Filed on 10/14/2020) (Entered: 10/14/2020)

1 Statement

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2 Declaration

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3 Proposed Order

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4 Certificate/Proof of Service

View on PACER

Oct. 14, 2020

Oct. 14, 2020

PACER
81

ADMINISTRATIVE MOTION Leave to File Response to Defendants' Notice of Supplemental Authority filed by Xavier Becerra, State of California. Responses due by 10/20/2020. (Attachments: # 1 Response to Notice of Supplemental Authority, # 2 Proposed Order, # 3 Certificate/Proof of Service)(Boutin, Gabrielle) (Filed on 10/16/2020) (Entered: 10/16/2020)

1 Response to Notice of Supplemental Authority

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2 Proposed Order

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3 Certificate/Proof of Service

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Oct. 16, 2020

Oct. 16, 2020

PACER
82

Order granting (63) Plaintiffs' Motion for Partial Summary Judgment and Denying Defendants' Motion to Dismiss, or in the Alternative, Motion for Partial Summary Judgment. Associated Cases: 5:20-cv-05167-LHK-RRC-EMC, 5:20-cv-05169-LHK-RRC-EMC(lhklc3, COURT STAFF) (Filed on 10/22/2020) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

RECAP
83

Final Judgment and Permanent Injunction. Signed by Judge Lucy H. Koh on 10/22/2020. (lhklc3, COURT STAFF) (Filed on 10/22/2020) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

RECAP
84

NOTICE OF APPEAL to the Supreme Court of the United States filed by Steven Dillingham, Wilbur L. Ross, Donald J. Trump, U.S. Census Bureau, U.S. Department of Commerce. Appeal of Order on Motion for Partial Summary Judgment, 82, Order 83 (Appeal fee FEE WAIVED.) (Robinson, John) (Filed on 10/23/2020) Modified text on 10/23/2020 (cv, COURT STAFF). (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER
85

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Steven Dillingham, Wilbur L. Ross, Donald J. Trump, U.S. Census Bureau, U.S. Department of Commerce. Appeal of Order on Motion for Partial Summary Judgment, 82, Order 83 (Appeal fee FEE WAIVED.) Notice of Appeal to the 9th Circuit (Robinson, John) (Filed on 10/23/2020) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER

Copy of Notice of Appeal e-mailed to Supreme Court. (cv, COURT STAFF) (Filed on 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER
86

USCA Case Number 20-17105 9th Circuit Court of Appeals for 85 Notice of Appeal, filed by U.S. Census Bureau, Wilbur L. Ross, U.S. Department of Commerce, Steven Dillingham, Donald J. Trump. (cv, COURT STAFF) (Filed on 10/23/2020) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 28, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

State of California, City of Los Angeles, City of Long Beach, City of Oakland, Los Angeles Unified School District

Plaintiff Type(s):

City/County Plaintiff

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Donald J. Trump, Federal

U.S. Department of Commerce, Federal

U.S. Census Bureau, Federal

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Enumerations Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Discrimination Prohibition

Issues

General:

Voting

Discrimination-basis:

National origin discrimination