Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Thank you!

DONATE

Case: National Urban League v. Ross

5:20-cv-05799 | U.S. District Court for the Northern District of California

Filed Date: Aug. 18, 2020

Closed Date: April 22, 2021

Clearinghouse coding complete

Case Summary

On August 18, 2020, a coalition of cities, counties, Indian tribes, advocacy organizations, and individuals represented by the Lawyers’ Committee for Civil Rights, the Brennan Center for Justice, and the law firm Latham & Watkins LLP sued the U.S. Department of Commerce (“Department”), the Department Secretary, the U.S. Census Bureau (“Bureau”), and the Bureau Director in the U.S. District Court for the Northern District of California. The plaintiffs alleged that the defendants violated the U.S…

On August 18, 2020, a coalition of cities, counties, Indian tribes, advocacy organizations, and individuals represented by the Lawyers’ Committee for Civil Rights, the Brennan Center for Justice, and the law firm Latham & Watkins LLP sued the U.S. Department of Commerce (“Department”), the Department Secretary, the U.S. Census Bureau (“Bureau”), and the Bureau Director in the U.S. District Court for the Northern District of California. The plaintiffs alleged that the defendants violated the U.S. Constitution and the Administrative Procedure Act (APA) by abandoning the Bureau’s COVID-19 plans and pursuing a “rush plan” that would truncate 2020 Census timelines, undercount communities of color, and produce inaccurate census results. The plaintiffs asked the Court to declare the rush plan unconstitutional under the Enumeration Clause and unlawful under the APA; to vacate the rush plan and reinstate the Covid-19 Plan; and to enjoin the defendants from implementing the rush plan or otherwise interfering with the Covid-19 plan. The case was assigned to Judge Lucy H. Koh.

This case was brought amidst the COVID-19 pandemic, which severely disrupted the 2020 Census by suspending operations and creating significant delays in counting processes. In response, the Bureau implemented a COVID-19 plan delaying operations timelines to give the Bureau enough time to ensure the quality and accuracy of 2020 Census data. The COVID-19 plan extended the deadline for reporting state population totals to the President from December 31, 2020 to April 30, 2021, and the deadline for reporting redistricting numbers to the states from March 31, 2020 to July 31, 2021.

Then, on August 3, 2020, the Secretary of Commerce and the Census Bureau Director abruptly reversed course and announced that the Bureau would abandon the COVID-19 plan and adopt a rush plan. The rush plan required states to comply with the original 2020 Census deadlines, forcing them to complete 7.5 months of data collection and processing work in roughly half the time. The Bureau’s about-face was criticized by census experts, who concluded that the rush plan would significantly undermine the quality of the 2020 Census by undercounting communities of color, especially undocumented immigrants.

In their complaint, plaintiffs alleged that (1) the Bureau violated its duty under the Enumeration Clause to make census-related decisions that “bear a reasonable relationship to the accomplishment of an actual enumeration of the population,” and (2) the Bureau’s decision to abandon its COVID-19 plans and pursue the rush plan was arbitrary and capricious under the APA because the Bureau did not adequately explain its decision, and (3) the explanation the Bureau provided was pretextual. In sum, the plaintiffs argued that the Bureau abandoned the COVID-19 plan and pursued the rush plan in a thinly veiled attempt to exclude undocumented people from the state population totals used to apportion the U.S. House of Representatives, which would result in a more favorable post-Census apportionment for the Republican Party.

On September 5, 2020, the Court granted the plaintiffs’ motion for a temporary restraining order, enjoining the Bureau from implementing the rush plan until the court conducted a hearing on the plaintiffs’ motion for a preliminary injunction. 2020 WL 5291452. On September 17, 2020, the Court extended the order up to seven days or until the Court ruled on the plaintiffs’ motion, whichever came first, in part because the defendants failed to produce the administrative record pursuant to a court order. 2020 WL 5578931. In the meantime, Louisiana and Mississippi moved to intervene in the case, arguing that the states had significant protectable interests in the matter that were not adequately represented by the parties. The states also warned that the plaintiffs aimed to “pad the census count in certain jurisdictions.” The plaintiffs opposed the states’ motion to intervene on October 7, 2020.

In a 78-page ruling on September 24, 2020, the Court granted the plaintiffs’ motion for a preliminary injunction, holding that the rush plan was likely arbitrary and capricious; that plaintiffs would suffer irreparable harm without an injunction; that the balance of hardships tipped sharply in plaintiffs’ favor; and that a preliminary injunction was in the public interest. 489 F. Supp. 3d 939. The injunction order stayed the rush plan deadlines for completing data collection and for reporting total state population totals and enjoined the defendants from implementing them.

The next day, September 25, 2020, the Court denied the federal government’s motion to stay the Court’s order pending appeal in the Ninth Circuit Court of Appeals. The government appealed to the Ninth Circuit, requesting an immediate administrative stay and filing an emergency motion to stay the preliminary injunction pending appeal. On September 30, 2020, in a partial ruling on the government’s appeal, the Ninth Circuit denied the government’s request for an immediate administrative stay because it would have “upended, rather than preserved” the status quo. 2020 WL 5815054.

While the parties awaited the Ninth Circuit’s decision on the government’s emergency motion to stay, the district court issued a clarifying order addressing numerous allegations of defendants’ noncompliance with the original temporary restraining order and the preliminary injunction. 491 F. Supp. 3d 572. In the October 1, 2020, order, the Court specified the scope of the injunction and ordered tailored relief to ensure defendants complied with it. This relief included direct text messages from the Bureau Director to all Bureau employees informing them of the injunction and the new census deadlines, as well as a sworn affidavit from the Bureau Director declaring that the Bureau was complying with the injunction order. Finally, the Court denied as moot plaintiffs’ September 30, 2020, motion to compel and for sanctions for defendants’ noncompliance with court orders, and plaintiffs’ September 30, 2020, motion for a temporary restraining order pending the Court’s ruling on plaintiff’s motion to compel and for sanctions.

One week later, on October 7, 2020, the Ninth Circuit granted in part and denied in part the government’s emergency motion to stay the preliminary injunction pending appeal, holding that the government was entitled to a stay to the extent that the district court enjoined it from abiding by existing statutory deadlines but was not entitled to a stay regarding the implementation of the rush plan. 977 F.3d 770. Under this order, the census count had to continue until October 31, 2020.

The government appealed to the Supreme Court, which stayed the injunction on October 13, 2020, pending the disposition of the government’s Ninth Circuit appeal and the government’s petition for writ of certiorari. 141 S. Ct. 18. This stay allowed the Census Bureau to cease its counting operations in accordance with the rush plan.

The defendants generally concluded field operations for the census on October 15, 2020.

The plaintiffs filed a second amended complaint on October 27, 2020. The amended complaint was filed to in an effort to show why the recent litigation developments required expedited resolution on the merits. Because the new census plan cut in half the amount of time for conducting the decennial census, the plaintiffs argued that only expedited permanent relief could ensure a fair, accurate, and complete 2020 census.

President Joe Biden was elected President of the United States in November 2020. On January 15, 2021, the parties filed a joint case management statement, in which the parties requested a 21-day state of the case in order to let the Biden Administration assess the case. The parties subsequently requested additional stays as they worked toward resolution of the case, and the court granted these requests.

On April 22, 2021, the court granted a proposed stipulation order for dismissal. The order stated that the census would not include any information on citizenship or immigration status. It also provided that the Census Bureau would continue its data processing with an anticipated end-date of April 30, 2021. The Census Bureau also agreed to provide metrics to gauge the reliability of the census data that had been collected. Finally, the defendants agreed to pay $1,500,000 in attorneys' fees and $150,000 in costs.

With the order of dismissal, the case is now closed.

Summary Authors

Becca Rogers (10/26/2020)

Justin Hill (9/11/2021)

Related Cases

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

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17454475/parties/national-urban-league-v-ross/


Judge(s)

Berzon, Marsha Siegel (California)

Bumatay, Patrick Joseph None (Missouri)

Christen, Morgan (Alaska)

Cousins, Nathanael M. (California)

Fletcher, William A. (California)

Graber, Susan (Oregon)

Kagan, Elena (District of Columbia)

Koh, Lucy Haeran (California)

Rawlinson, Johnnie B. (Nevada)

Sotomayor, Sonia (District of Columbia)

Judge(s)

Berzon, Marsha Siegel (California)

Bumatay, Patrick Joseph None (Missouri)

Christen, Morgan (Alaska)

Cousins, Nathanael M. (California)

Fletcher, William A. (California)

Graber, Susan (Oregon)

Kagan, Elena (District of Columbia)

Koh, Lucy Haeran (California)

Rawlinson, Johnnie B. (Nevada)

Sotomayor, Sonia (District of Columbia)

Attorneys(s) for Plaintiff

Balabanian, Rafey S. (California)

Bauer, Steven (California)

Boynton, Brian M (District of Columbia)

Bress, Richard P. (District of Columbia)

Callihan, Christopher A. (California)

Chaudhuri, Pooja (District of Columbia)

Clarke, Kristen M. (District of Columbia)

Donofrio, Gemma (District of Columbia)

Dundas, Michael Joseph (California)

Feuer, Michael Nelson (California)

Flessner, Mark A. (Illinois)

Frommer, Dario (California)

Goldstein, Dax Luce (California)

Goldstein [inactive], Danielle L (California)

Greenbaum, Jon M. (District of Columbia)

Harvey, Jaqueline N (California)

Hirsch, Rebecca (Illinois)

Hoffman, Genevieve P. (District of Columbia)

Holtzman, David Ilan (California)

Hough, Lily E. (California)

Huseny, Sadik Harry (California)

Jordan, Maryum (District of Columbia)

Kane, Stephen J. (Illinois)

Kappes, Daniel P (California)

Kenealy, Kathleen Alice (California)

Lankenau, Shannon D. (California)

Makker, Amit (California)

Mutalipassi, Michael (California)

Percival, Kelly M. (District of Columbia)

Pongrace, Donald R (District of Columbia)

Robinson, Anne Wylde (District of Columbia)

Rosenbaum, Mark Dale (California)

Rosenberg, Ezra D (District of Columbia)

Saini, Ajay (New York)

Sherry, Melissa A. (District of Columbia)

Spence, Dorian (District of Columbia)

Walters, Tyce R. (District of Columbia)

Weiser, Wendy R. (New York)

Wolf, Thomas P. (New York)

Attorneys(s) for Defendant

Avallone, Zachary Anthony (District of Columbia)

Berman, Keri L. (District of Columbia)

Clark, Jeffrey Bossert (District of Columbia)

Davis, Ethan P. (District of Columbia)

Ehrlich, Stephen (District of Columbia)

Flentje, August E. (District of Columbia)

Haas, Alexander K (District of Columbia)

Kelleher, Diane (District of Columbia)

Mauler, Daniel (District of Columbia)

Morrell, David Michael (District of Columbia)

St. John, Joseph S (Louisiana)

Sverdlov, Alexander V. (District of Columbia)

Von Bokern, Jordan L (District of Columbia)

Zee, Michael Andrew (California)

Other Attorney(s)

Benbrook, Bradley A. (California)

Duvernay, Stephen M. (California)

Fitch, Lynn (Mississippi)

Kleinbrodt, Julian Wolfe (California)

Landry, Jeff (Louisiana)

McCabe, Gavin Geraghty (California)

McPaul, Doreen (Arizona)

Nobile, Krissy Casey (Mississippi)

Rajendra, Raphael N (California)

Searle, Jason (Arizona)

Southwell, Alexander H. (New York)

Documents in the Clearinghouse

Document

5:20-cv-05799

Docket [PACER]

April 28, 2021

April 28, 2021

Docket
1

5:20-cv-05799

Complaint for Declaratory and Injunctive Relief

Aug. 18, 2020

Aug. 18, 2020

Complaint
61

5:20-cv-05799

First Amended Complaint for Declaratory and Injunctive Relief

Sept. 1, 2020

Sept. 1, 2020

Complaint
84

5:20-cv-05799

Order Granting Motion for Temporary Restraining Order

Sept. 5, 2020

Sept. 5, 2020

Order/Opinion
142

5:20-cv-05799

Order Extending Temporary Restraining Order for Defendants' Partial Production of the Administrative Record

Sept. 17, 2020

Sept. 17, 2020

Order/Opinion
204

5:20-cv-05799

Notice of Motion and Motion to Intervene by States of Louisiana and Mississippi

Sept. 23, 2020

Sept. 23, 2020

Pleading / Motion / Brief
208

5:20-cv-05799

Order Granting Plaintiffs' Motion for Stay and Preliminary Injunction

Sept. 24, 2020

Sept. 24, 2020

Order/Opinion
212

5:20-cv-05799

Order Denying Motion to Stay Pending Appeal

Sept. 25, 2020

Sept. 25, 2020

Order/Opinion
27

20-16868

Order

U. S. Court of Appeals for the Ninth Circuit

Sept. 30, 2020

Sept. 30, 2020

Order/Opinion
288

5:20-cv-05799

Order Re: Clarification of Stay and Preliminary Injunction

Oct. 1, 2020

Oct. 1, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17454475/national-urban-league-v-ross/

Last updated Nov. 28, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief (Filing fee $400, receipt number 0971-14828740) against Steven Dillingham, Wilbur L. Ross, U.S. Census Bureau, U.S. Department of Commerce. Filed byCity of Los Angeles, California, Black Alliance For Just Immigration, City of Salinas, California, Rodney Ellis, League of Women Voters, City of San Jose, California, Harris County, Texas, National Urban League, Adrian Garcia, King County, Washington. (Attachments: # 1 Civil Cover Sheet)(Huseny, Sadik) (Filed on 8/18/2020) (Entered: 08/18/2020)

1 Civil Cover Sheet

View on PACER

Aug. 18, 2020

Aug. 18, 2020

RECAP
2

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14829876.) filed by Black Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Adrian Garcia, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League. (Attachments: # 1 Exhibit Certificate of Good Standing)(Wolf, Thomas) (Filed on 8/18/2020) (Entered: 08/18/2020)

1 Exhibit Certificate of Good Standing

View on PACER

Aug. 18, 2020

Aug. 18, 2020

PACER
3

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 9/1/2020. (mbcS, COURT STAFF) (Filed on 8/18/2020) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
4

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14830168.) filed by Black Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Adrian Garcia, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League. (Attachments: # 1 Exhibit Certificate of Good Standing)(Percival, Kelly) (Filed on 8/18/2020) (Entered: 08/18/2020)

1 Exhibit Certificate of Good Standing

View on PACER

Aug. 18, 2020

Aug. 18, 2020

PACER
5

First MOTION for leave to appear in Pro Hac Vice Wendy Weiser ( Filing fee $ 310, receipt number 0971-14830320.) filed by Black Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Adrian Garcia, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League. (Attachments: # 1 Certificate/Proof of Service certificate of good standing)(Weiser, Wendy) (Filed on 8/18/2020) (Entered: 08/18/2020)

1 Certificate/Proof of Service certificate of good standing

View on PACER

Aug. 18, 2020

Aug. 18, 2020

PACER
6

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
7

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/11/2020. Initial Case Management Conference set for 11/18/2020 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 8/18/2020) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
8

Proposed Summons. (Huseny, Sadik) (Filed on 8/18/2020) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
9

NOTICE of Appearance by Steven Mark Bauer on behalf of Plaintiffs National Urban League; League of Women Voters; Black Alliance for Just Immigration; Harris County, Texas; King County, Washington; City of San Jose, California; Rodney Ellis and Adrian Garcia (Bauer, Steven) (Filed on 8/18/2020) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

RECAP
10

MOTION for leave to appear in Pro Hac Vice for Richard P. Bress ( Filing fee $ 310, receipt number 0971-14832247.) filed by Black Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Adrian Garcia, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League. (Attachments: # 1 Certificate of Good Standing)(Bress, Richard) (Filed on 8/18/2020) (Entered: 08/18/2020)

1 Certificate of Good Standing

View on PACER

Aug. 18, 2020

Aug. 18, 2020

PACER
11

MOTION for leave to appear in Pro Hac Vice for Melissa Arbus Sherry ( Filing fee $ 310, receipt number 0971-14832288.) filed by Black Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Adrian Garcia, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League. (Attachments: # 1 Certificate of Good Standing)(Sherry, Melissa) (Filed on 8/18/2020) (Entered: 08/18/2020)

1 Certificate of Good Standing

View on PACER

Aug. 18, 2020

Aug. 18, 2020

PACER
12

MOTION for leave to appear in Pro Hac Vice for Anne W. Robinson ( Filing fee $ 310, receipt number 0971-14832323.) filed by Black Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Adrian Garcia, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League. (Attachments: # 1 Certificate of Good Standing)(Robinson, Anne) (Filed on 8/18/2020) (Entered: 08/18/2020)

1 Certificate of Good Standing

View on PACER

Aug. 18, 2020

Aug. 18, 2020

PACER
13

NOTICE of Appearance by Shannon Danielle Lankenau on behalf of Plaintiffs National Urban League; League of Women Voters; Black Alliance for Just Immigration; Harris County, Texas; King County, Washington; City of San Jose, California; Rodney Ellis and Adrian Garcia (Lankenau, Shannon) (Filed on 8/18/2020) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
14

MOTION for leave to appear in Pro Hac Vice for Tyce R. Walters ( Filing fee $ 310, receipt number 0971-14832361.) filed by Black Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Adrian Garcia, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League. (Attachments: # 1 Certificate of Good Standing)(Walters, Tyce) (Filed on 8/18/2020) (Entered: 08/18/2020)

1 Certificate of Good Standing

View on PACER

Aug. 18, 2020

Aug. 18, 2020

PACER
15

MOTION for leave to appear in Pro Hac Vice for Genevieve P. Hoffman ( Filing fee $ 310, receipt number 0971-14832370.) filed by Black Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Adrian Garcia, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League. (Attachments: # 1 Certificate of Good Standing)(Hoffman, Genevieve) (Filed on 8/18/2020) (Entered: 08/18/2020)

1 Certificate of Good Standing

View on PACER

Aug. 18, 2020

Aug. 18, 2020

PACER
16

MOTION for leave to appear in Pro Hac Vice for Gemma Donofrio ( Filing fee $ 310, receipt number 0971-14832380.) filed by Black Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Adrian Garcia, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League. (Attachments: # 1 Certificate of Good Standing)(Donofrio, Gemma) (Filed on 8/18/2020) (Entered: 08/18/2020)

1 Certificate of Good Standing

View on PACER

Aug. 18, 2020

Aug. 18, 2020

PACER

~Util - Case Assigned by Intake

Aug. 18, 2020

Aug. 18, 2020

PACER
17

NOTICE of Appearance by Jon Greenbaum (Greenbaum, Jon) (Filed on 8/19/2020) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
18

Summons Issued as to Steven Dillingham, Wilbur L. Ross, U.S. Census Bureau, U.S. Department of Commerce, U.S. Attorney and U.S. Attorney General (sfbS, COURT STAFF) (Filed on 8/19/2020) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
19

ORDER GRANTING 2 APPLICATION for Admission of Attorney Thomas P. Wolf Pro Hac Vice representing Plaintiffs. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 8/19/2020). (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
20

ORDER GRANTING 4 APPLICATION for Admission of Attorney Kelly M. Percival Pro Hac Vice representing Plaintiffs. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 8/19/2020) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
21

ORDER GRANTING 5 APPLICATION for Admission of Attorney Wendy Weiser Pro Hac Vice representing Plaintiffs. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 8/19/2020) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
22

ORDER GRANTING 10 APPLICATION for Admission of Attorney Richard P. Bress representing Plaintiffs. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 8/19/2020) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
23

ORDER GRANTING 11 APPLICATION for Admission of Attorney Melissa Arbus Sherry Pro Hac Vice representing Plaintiffs. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 8/19/2020) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
24

ORDER GRANTING 12 APPLICATION for Admission of Attorney Anne W. Robinson Pro Hac Vice representing Plaintiffs. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 8/19/2020) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
25

ORDER GRANTING 14 APPLICATION for Admission of Attorney Tyce R. Walters Pro Hac Vice representing Plaintiffs. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 8/19/2020) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
26

ORDER GRANTING 15 APPLICATION for Admission of Attorney Genevieve P. Hoffman Pro Hac Vice representing Plaintiffs. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 8/19/2020) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
27

ORDER GRANTING 16 APPLICATION of Attorney Gemma Donofrio Pro Hac Vice representing Plaintiffs. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 8/19/2020) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
28

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) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
29

ORDER REASSIGNING CASE. Case reassigned to Judge Lucy H. Koh for all further proceedings. Magistrate Judge Nathanael M. Cousins no longer assigned to case Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 8/21/2020. (Attachments: # 1 Notice of Eligibility for Video Recording)(sfbS, COURT STAFF) (Filed on 8/21/2020) (Entered: 08/21/2020)

1 Notice of Eligibility for Video Recording

View on PACER

Aug. 21, 2020

Aug. 21, 2020

PACER
30

SUMMONS Returned Executed by City of Los Angeles, California, Black Alliance For Just Immigration, City of Salinas, California, Rodney Ellis, League of Women Voters, City of San Jose, California, Harris County, Texas, National Urban League, Adrian Garcia, King County, Washington. Steven Dillingham served on 8/20/2020, answer due 10/19/2020; Wilbur L. Ross served on 8/20/2020, answer due 10/19/2020; U.S. Census Bureau served on 8/20/2020, answer due 10/19/2020; U.S. Department of Commerce served on 8/20/2020, answer due 10/19/2020. (Bauer, Steven) (Filed on 8/21/2020) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
31

Order Requiring Appearance and Setting Case Management Conference. 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
32

CLERK'S NOTICE SETTING ZOOM INITIAL CASE MANAGEMENT CONFERENCE. Per 31 Order, an Initial Case Management Conference is SET for 8/26/2020 at 2:00 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 Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at lhkcrd@cand.uscourts.gov no later than 8/25/2020 at 12:00pm noon PST.General Order 58. 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.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 8/24/2020) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
33

NOTICE of Appearance by Daniel D. Mauler on behalf of Defendants (Mauler, Daniel) (Filed on 8/24/2020) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER

Clerk's Notice Setting Zoom Hearing

Aug. 24, 2020

Aug. 24, 2020

PACER
34

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14856733.) filed by Black Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Adrian Garcia, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League. (Attachments: # 1 Exhibit Certificate of Good Standing)(Rosenberg, Ezra) (Filed on 8/25/2020) (Entered: 08/25/2020)

1 Exhibit Certificate of Good Standing

View on PACER

Aug. 25, 2020

Aug. 25, 2020

PACER
35

STIPULATION WITH PROPOSED ORDER Regarding Preliminary Injunction Briefing Schedule, Page Counts, and Defendants' Response to Complaint filed by Black Alliance For Just Immigration, City of Los Angeles, California, City of Salinas, California, City of San Jose, California, Rodney Ellis, Adrian Garcia, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League. (Attachments: # 1 Declaration of Sadik Huseny, # 2 Proposed Order)(Huseny, Sadik) (Filed on 8/25/2020) (Entered: 08/25/2020)

1 Declaration of Sadik Huseny

View on PACER

2 Proposed Order

View on PACER

Aug. 25, 2020

Aug. 25, 2020

PACER
36

MOTION to Stay and, MOTION for Preliminary Injunction filed by Black Alliance For Just Immigration, City of Los Angeles, California, City of Salinas, California, City of San Jose, California, Rodney Ellis, Adrian Garcia, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League. Motion Hearing set for 9/17/2020 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 9/8/2020. Replies due by 9/15/2020. (Attachments: # 1 Proposed Order, # 2 Declaration of John Thompson, # 3 Declaration of D. Sunshine Hillygus, Ph.D., # 4 Declaration of Dr. Thomas A. Louis, # 5 Declaration of Andrew J. Westall, # 6 Declaration of Maria de la Luz Garcia, # 7 Declaration of Umair A. Shah, # 8 Declaration of Adrian Garcia, # 9 Declaration of Jared R. Briggs, # 10 Declaration of Paul Wilden, # 11 Declaration of Elizabeth Soto, # 12 Declaration of Monica Gurmilan, # 13 Declaration of Dwight Dively, # 14 Declaration of Nana Gyamfi, # 15 Declaration of Celina Stewart, # 16 Declaration of Jeri Green, # 17 Declaration of Rodney Ellis)(Huseny, Sadik) (Filed on 8/25/2020) Modified on 10/5/2020 (lhklc3, COURT STAFF). (Entered: 08/25/2020)

1 Proposed Order

View on PACER

2 Declaration of John Thompson

View on RECAP

3 Declaration of D. Sunshine Hillygus, Ph.D.

View on RECAP

4 Declaration of Dr. Thomas A. Louis

View on RECAP

5 Declaration of Andrew J. Westall

View on PACER

6 Declaration of Maria de la Luz Garcia

View on PACER

7 Declaration of Umair A. Shah

View on PACER

8 Declaration of Adrian Garcia

View on PACER

9 Declaration of Jared R. Briggs

View on PACER

10 Declaration of Paul Wilden

View on PACER

11 Declaration of Elizabeth Soto

View on PACER

12 Declaration of Monica Gurmilan

View on PACER

13 Declaration of Dwight Dively

View on PACER

14 Declaration of Nana Gyamfi

View on PACER

15 Declaration of Celina Stewart

View on PACER

16 Declaration of Jeri Green

View on PACER

17 Declaration of Rodney Ellis

View on PACER

Aug. 25, 2020

Aug. 25, 2020

RECAP
37

Declaration of Sadik Huseny in Support of 36 MOTION to Stay and MOTION for Preliminary Injunction filed byBlack Alliance For Just Immigration, City of Los Angeles, California, City of Salinas, California, City of San Jose, California, Rodney Ellis, Adrian Garcia, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League. (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)(Related document(s) 36 ) (Huseny, Sadik) (Filed on 8/25/2020) (Entered: 08/25/2020)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

9 Exhibit 9

View on PACER

10 Exhibit 10

View on PACER

11 Exhibit 11

View on RECAP

12 Exhibit 12

View on PACER

13 Exhibit 13

View on PACER

14 Exhibit 14

View on PACER

15 Exhibit 15

View on PACER

Aug. 25, 2020

Aug. 25, 2020

PACER
38

Order by Judge Lucy H. Koh granting 34 Motion for Pro Hac Vice. (lhklc3, COURT STAFF) (Filed on 8/25/2020) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
39

NOTICE of Appearance by Michael Joseph Dundas (Dundas, Michael) (Filed on 8/25/2020) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
40

NOTICE of Appearance by Kathleen Alice Kenealy (Kenealy, Kathleen) (Filed on 8/25/2020) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
41

JOINT CASE MANAGEMENT STATEMENT filed by Black Alliance For Just Immigration, City of Los Angeles, California, City of Salinas, California, City of San Jose, California, Rodney Ellis, Adrian Garcia, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League. (Huseny, Sadik) (Filed on 8/25/2020) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
42

NOTICE of Appearance by Amit Makker on behalf of Plaintiffs National Urban League; League of Women Voters; Black Alliance for Just Immigration; Harris County, Texas; King County, Washington; City of San Jose, California; Rodney Ellis and Adrian Garcia (Makker, Amit) (Filed on 8/25/2020) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
43

Order by Judge Lucy H. Koh granting 35 Stipulation Regarding Preliminary Injunction Briefing, Page Counts, and Defendants' Response to Complaint. (lhklc3, COURT STAFF) (Filed on 8/25/2020) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

RECAP
44

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14860453.) filed by Black Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Adrian Garcia, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League. (Attachments: # 1 Certificate of Good Standing)(Saini, Ajay) (Filed on 8/25/2020) (Entered: 08/25/2020)

1 Certificate of Good Standing

View on PACER

Aug. 25, 2020

Aug. 25, 2020

PACER
45

Case Management Order. Signed by Judge Lucy H. Koh on 8/26/2020. (lhklc3, COURT STAFF) (Filed on 8/26/2020) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

RECAP
46

Order by Judge Lucy H. Koh granting 44 Motion for Pro Hac Vice. (lhklc3, COURT STAFF) (Filed on 8/26/2020) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
48

Minute Entry for proceedings held before Judge Lucy H. Koh: Initial Case Management Conference held on 8/26/2020 from 2:02 PM - 3:24 PM (1 hour, 22 minutes). 45 Case Management Order memorializes all relevant information, deadlines, and rulings from the Conference. Further Case Management Conference SET for Monday, September 14, 2020 at 2:00 PM. The parties shall file their joint case management statement by September 11, 2020 at 5:00 PM. Total Time in Court: 1 hour, 22 minutes. Court Reporter: Lee-Anne Shortridge. Attorneys for Plaintiffs National Urban League; League of Women Voters; Black Alliance for Just Immigration; Harris County, Texas; King County, Washington; City of San Jose, California; Rodney Ellis; and Adrian Garcia: Melissa Sherry, Richard Bress, Ezra Rosenberg, Thomas Wolf, Ajay Saini, and Kelly Percival. Attorney for Plaintiff City of Los Angeles, California: Danielle Goldstein. Attorney for Plaintiff City of Salinas, California: Michael Mutalipassi. Attorneys for Defendants: Daniel Mauler and Brad Rosenberg. 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: 8/26/2020) (Entered: 08/27/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
47

TRANSCRIPT ORDER for proceedings held on 8/26/2020 before Judge Lucy H. Koh by Steven Dillingham, Wilbur L. Ross, U.S. Census Bureau, U.S. Department of Commerce, for Court Reporter Lee-Anne Shortridge. (Mauler, Daniel) (Filed on 8/27/2020) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER

~Util - Set Deadlines/Hearings AND Case Management Conference - Initial

Aug. 27, 2020

Aug. 27, 2020

PACER
49

NOTICE of Appearance by Julian Wolfe Kleinbrodt (Kleinbrodt, Julian) (Filed on 8/31/2020) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
50

Brief re 36 MOTION to Stay and MOTION for Preliminary Injunction of Amicus Curiae 12 Businesses and Business Organizations filed byCummins Inc., General Assembly Space, Inc., Knotel, Inc., Levi Strauss & Co., LivHOME, Inc., Lush Cosmetics LLC, Mara Hoffman Inc., Minneapolis Regional Chamber of Commerce, Postmates Inc., Univision Communications Inc., Workplace Options, LLC, Zendesk Inc.. (Related document(s) 36 ) (Kleinbrodt, Julian) (Filed on 8/31/2020) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
51

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14882496.) filed by Cummins Inc., General Assembly Space, Inc., Knotel, Inc., Levi Strauss & Co., LivHOME, Inc., Lush Cosmetics LLC, Mara Hoffman Inc., Minneapolis Regional Chamber of Commerce, Postmates Inc., Univision Communications Inc., Workplace Options, LLC, Zendesk Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Southwell, Alexander) (Filed on 8/31/2020) (Entered: 08/31/2020)

1 Exhibit Certificate of Good Standing

View on PACER

Aug. 31, 2020

Aug. 31, 2020

PACER
52

Order by Judge Lucy H. Koh granting 51 Motion for Pro Hac Vice. (lhklc3, COURT STAFF) (Filed on 8/31/2020) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
53

NOTICE of Appearance by Raphael N. Rajendra on behalf of the County of Santa Clara, California and 19 Additional Local Governments and Officials (Rajendra, Raphael) (Filed on 8/31/2020) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
54

Brief of Amici Curiae County of Santa Clara and 19 Additional Local Governments and Officials in Support of Plaintiffs' Motion for Preliminary Injunction filed byCounty of Santa Clara. (Rajendra, Raphael) (Filed on 8/31/2020) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
55

NOTICE of Appearance by Gavin Geraghty McCabe (McCabe, Gavin) (Filed on 8/31/2020) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
56

Amicus Curiae APPEARANCE entered by Gavin Geraghty McCabe on behalf of State of New York. (McCabe, Gavin) (Filed on 8/31/2020) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
57

Brief re 36 MOTION to Stay and MOTION for Preliminary Injunction Amicus Brief in Support of Plaintiffs' Motion to Stay and for Preliminary Injunction on behalf of coalition of 32 States, Counties, Cities and U.S. Conference of Mayors filed byState of New York. (Related document(s) 36 ) (McCabe, Gavin) (Filed on 8/31/2020) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
58

Brief re 57 Brief, Corrected version of Amicus Brief in Support of Plaintiffs' Motion to Stay and for Preliminary Injunction on behalf of coalition of 32 States, Counties, Cities and U.S. Conference of Mayors filed byState of New York. (Related document(s) 57 ) (McCabe, Gavin) (Filed on 8/31/2020) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
59

TRANSCRIPT ORDER for proceedings held on 08/26/2020 before Judge Lucy H. Koh by Black Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Adrian Garcia, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League, for Court Reporter Lee-Anne Shortridge. (Lankenau, Shannon) (Filed on 9/1/2020) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
60

STIPULATION Regarding Plaintiffs' First Amended Complaint filed by Black Alliance For Just Immigration, City of Los Angeles, California, City of Salinas, California, City of San Jose, California, Rodney Ellis, Adrian Garcia, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League. (Huseny, Sadik) (Filed on 9/1/2020) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
61

AMENDED COMPLAINT against Steven Dillingham, Wilbur L. Ross, U.S. Census Bureau, U.S. Department of Commerce. Filed byCity of Salinas, California, League of Women Voters, National Urban League, Adrian Garcia, City of Los Angeles, California, Black Alliance For Just Immigration, Rodney Ellis, City of San Jose, California, Harris County, Texas, King County, Washington, Navajo Nation, The National Association for the Advancement of Colored People, City of Chicago, Illinois, County of Los Angeles, California, Gila River Indian Community. (Huseny, Sadik) (Filed on 9/1/2020) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

RECAP
62

NOTICE of Appearance by David Ilan Holtzman on Behalf of the County of Los Angeles (Holtzman, David) (Filed on 9/2/2020) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
63

STATUS REPORT (Defendants' Statement on Status of Field Operations) by Steven Dillingham, Wilbur L. Ross, U.S. Census Bureau, U.S. Department of Commerce. (Mauler, Daniel) (Filed on 9/2/2020) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

RECAP
64

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14896569.) filed by Gila River Indian Community. (Attachments: # 1 Exhibit Certificate of Good Standing)(Pongrace, Donald) (Filed on 9/3/2020) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
65

Transcript of Proceedings held on 8-26-20, 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 47 Transcript Order ) Release of Transcript Restriction set for 12/2/2020. (Related documents(s) 47 ) (lasS, COURT STAFF) (Filed on 9/3/2020) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
66

MOTION for Temporary Restraining Order filed by Black Alliance For Just Immigration, City of Chicago, Illinois, City of Los Angeles, California, City of Salinas, California, City of San Jose, California, County of Los Angeles, California, Rodney Ellis, Adrian Garcia, Gila River Indian Community, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League, Navajo Nation, The National Association for the Advancement of Colored People. (Attachments: # 1 Proposed Order, # 2 Declaration of Amit Makker, # 3 Exhibits A-D to Makker Decl., # 4 Copy of First Amended Complaint [Dkt. 61], # 5 Copy of Motion for Stay and Preliminary Injunction and Expert and Fact Decl. [Dkt. 36], # 6 Copy of Huseny Decl. in support of Mot. for Stay and PI [Dkt. 37])(Sherry, Melissa) (Filed on 9/3/2020) (Entered: 09/03/2020)

1 Proposed Order

View on PACER

2 Declaration of Amit Makker

View on PACER

3 Exhibits A-D to Makker Decl.

View on RECAP

4 Copy of First Amended Complaint [Dkt. 61]

View on PACER

5 Copy of Motion for Stay and Preliminary Injunction and Expert and Fact Decl. [D

View on PACER

6 Copy of Huseny Decl. in support of Mot. for Stay and PI [Dkt. 37]

View on PACER

Sept. 3, 2020

Sept. 3, 2020

RECAP
67

NOTICE by Steven Dillingham, Wilbur L. Ross, U.S. Census Bureau, U.S. Department of Commerce re 66 MOTION for Temporary Restraining Order (Defendants' Notice of Intent to Respond Today to Plaintiffs' Motion for TRO) (Mauler, Daniel) (Filed on 9/4/2020) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

RECAP
68

Order re: Communications with the Court. Signed by Judge Lucy H. Koh on 9/4/2020. (lhklc3, COURT STAFF) (Filed on 9/4/2020) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

RECAP
69

**CLERK'S NOTICE SETTING HEARING ON 66 MOTION FOR TEMPORARY RESTRAINING ORDER** Pursuant to this notice, a hearing on 66 MOTION for Temporary Restraining Order is SET for today, September 4, 2020, at 3:00 PM before Judge Lucy H. Koh. 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 http s://www.cand.uscourts.gov/lhk General Order 58. 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.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry g enerated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 9/4/2020) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
70

NOTICE of Appearance by Alexander Sverdlov for all Defendants (Sverdlov, Alexander) (Filed on 9/4/2020) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
71

NOTICE of Appearance by Lily E. Hough on behalf of Plaintiff City of Chicago (Hough, Lily) (Filed on 9/4/2020) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
72

NOTICE of Appearance by Rafey Sarkis Balabanian on behalf of Plaintiff City of Chicago (Balabanian, Rafey) (Filed on 9/4/2020) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
73

NOTICE of Appearance by Michael Andrew Zee (Zee, Michael) (Filed on 9/4/2020) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
74

OPPOSITION/RESPONSE (re 66 MOTION for Temporary Restraining Order ) filed byU.S. Department of Commerce. (Sverdlov, Alexander) (Filed on 9/4/2020) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

RECAP
75

Minute Entry for proceedings held before Judge Lucy H. Koh: Hearing on 66 MOTION for Temporary Restraining Order held on 9/4/2020 via Zoom Videoconference. The Court SET a Case Management Conference on Tuesday, September 8, 2020 at 10:00 AM. The Further Case Management Conference will be held via Zoom Videoconference; details will be included in a Clerk's Notice on the docket. Total Time in Court: 51 minutes. Court Reporter: Summer Fisher. Attorneys for Plaintiffs National Urban League; League of Women Voters; Black Alliance for Just Immigration; Harris County, Texas; King County, Washington; City of San Jose, California; Rodney Ellis; and Adrian Garcia: Melissa Sherry, Richard Bress, Ezra Rosenberg, Thomas Wolf, Steven Bauer, and Sadik Huseny. Attorney for Plaintiff City of Los Angeles, California: Danielle Goldstein. Attorney for Plaintiff City of Salinas, California: Michael Mutalipassi. Attorney for Plaintiff City of Chicago, Illinois: Lily Hough.Attorney for Plaintiff Gila River Indian Community: Donald Pongrace. Attorneys for Defendants: Alexander Sverdlov and Andrew Zee. 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: 9/4/2020) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
76

NOTICE of Appearance by Michael David Mutalipassi for plaintiff City of Salinas (Mutalipassi, Michael) (Filed on 9/4/2020) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
77

**CLERK'S NOTICE SETTING ZOOM CASE MANAGEMENT CONFERENCE** During the September 4, 2020 hearing on Plaintiffs' motion for temporary restraining order, the Court set a Further Case Management Conference for Tuesday, September 8, 2020 at 10:00 AM in San Jose, Courtroom 8, 4th Floor. 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 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.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/.< /p> (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 9/4/2020) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
78

TRANSCRIPT ORDER for proceedings held on 09/04/2020 before Judge Lucy H. Koh by Black Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Adrian Garcia, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League, The National Association for the Advancement of Colored People, for Court Reporter Summer Fisher. (Makker, Amit) (Filed on 9/4/2020) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
79

TRANSCRIPT ORDER for proceedings held on 9/4/2020 before Judge Lucy H. Koh by Steven Dillingham, Wilbur L. Ross, U.S. Census Bureau, U.S. Department of Commerce, for Court Reporter Summer Fisher. (Mauler, Daniel) (Filed on 9/4/2020) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
80

Order re: Reply. Signed by Judge Lucy H. Koh on 9/4/2020. (lhklc3, COURT STAFF) (Filed on 9/4/2020) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

RECAP
81

OPPOSITION/RESPONSE (re 36 MOTION to Stay and MOTION for Preliminary Injunction ) filed bySteven Dillingham, Wilbur L. Ross, U.S. Census Bureau, U.S. Department of Commerce. (Attachments: # 1 Declaration of Albert E. Fontenot, Jr.)(Zee, Michael) (Filed on 9/4/2020) (Entered: 09/04/2020)

1 Declaration of Albert E. Fontenot, Jr.

View on RECAP

Sept. 4, 2020

Sept. 4, 2020

RECAP

Motion Hearing

Sept. 4, 2020

Sept. 4, 2020

PACER

Clerk's Notice Setting Zoom Hearing

Sept. 4, 2020

Sept. 4, 2020

PACER
82

Transcript of Proceedings held on 09/04/2020, 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 78 Transcript Order, ) Redaction Request due 9/28/2020. Redacted Transcript Deadline set for 10/6/2020. Release of Transcript Restriction set for 12/4/2020. (Related documents(s) 78 ) (Fisher, Summer) (Filed on 9/5/2020) (Entered: 09/05/2020)

Sept. 5, 2020

Sept. 5, 2020

PACER
83

REPLY (re 66 MOTION for Temporary Restraining Order ) filed byBlack Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Adrian Garcia, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League, The National Association for the Advancement of Colored People. (Huseny, Sadik) (Filed on 9/5/2020) (Entered: 09/05/2020)

Sept. 5, 2020

Sept. 5, 2020

RECAP
84

Order by Judge Lucy H. Koh granting 66 Motion for Temporary Restraining Order. (lhklc3, COURT STAFF) (Filed on 9/5/2020) (Entered: 09/05/2020)

Sept. 5, 2020

Sept. 5, 2020

RECAP
85

Order by Judge Lucy H. Koh granting 64 Motion for Pro Hac Vice. (lhklc3, COURT STAFF) (Filed on 9/6/2020) (Entered: 09/06/2020)

Sept. 6, 2020

Sept. 6, 2020

PACER
86

NOTICE by U.S. Department of Commerce re 84 Order on Motion for TRO Defendants' Notice Regarding Compliance (Sverdlov, Alexander) (Filed on 9/8/2020) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

RECAP
87

TRANSCRIPT ORDER for proceedings held on 9/8/2020 before Judge Lucy H. Koh by Black Alliance For Just Immigration, City of San Jose, California, Rodney Ellis, Adrian Garcia, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League, The National Association for the Advancement of Colored People, for Court Reporter Ana Dub. (Makker, Amit) (Filed on 9/8/2020) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
88

Brief in Response to Court's Request at Conference filed byU.S. Department of Commerce. (Attachments: # 1 Declaration of Brian DiGiacomo)(Sverdlov, Alexander) (Filed on 9/8/2020) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
89

Brief Plaintiffs Submission Regarding Administrative Record filed byBlack Alliance For Just Immigration, City of Chicago, Illinois, City of San Jose, California, County of Los Angeles, California, Rodney Ellis, Adrian Garcia, Gila River Indian Community, Harris County, Texas, King County, Washington, National Urban League, Navajo Nation, The National Association for the Advancement of Colored People. (Huseny, Sadik) (Filed on 9/8/2020) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
90

TRANSCRIPT ORDER for proceedings held on 9/8/2020 before Judge Lucy H. Koh by U.S. Department of Commerce, for Court Reporter Ana Dub. (Sverdlov, Alexander) (Filed on 9/8/2020) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
91

Order to Respond to Defendants' Objections as to the Scope of the Administrative Record. Signed by Judge Lucy H. Koh on 9/8/2020. (lhklc3S, COURT STAFF) (Filed on 9/8/2020) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

RECAP
94

Minute Entry for proceedings held before Judge Lucy H. Koh: Further Case Management Conference held on 9/8/2020 from 10:03 AM - 10:14 AM; 10:18 AM - 11:13 AM; 11:30 AM - 12:00 PM (1 hour, 36 minutes). Total Time in Court: 1 hour, 36 minutes. Court Reporter: Ana Dub. For Plaintiffs National Urban League; League of Women Voters; Black Alliance for Just Immigration; Harris County, TX; King County, Washington; City of San Jose, California; Rodney Ellis; Adrian Garcia; and NAACP: Melissa Sherry, Richard Bress, Steven Bauer, Ezra Rosenberg, Ajay Saini, Thomas Wolf, and Sadik Huseny. For Plaintiff Navajo Nation: Ezra Rosenberg and Thomas Wolf. For Plaintiff City of Los Angeles: Michael Dundas. For Plaintiff County of Los Angeles: David Holtzman. For Plaintiff City of Salinas: Michael Mutalipassi. For Plaintiff City of Chicago: Lily Hough. For Plaintiff Gila River Indian Community: Donald Pongrace. For Defendants: Alexander Sverdlov and Brad Rosenberg. 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: 9/8/2020) Modified on 9/9/2020 (kedS, COURT STAFF). (Entered: 09/09/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
92

Statement re 88 Brief, 91 Order (Plaintiffs' Submission Regarding Scope of Administrative Record) by Black Alliance For Just Immigration, City of Chicago, Illinois, City of Los Angeles, California, City of Salinas, California, City of San Jose, California, County of Los Angeles, California, Rodney Ellis, Adrian Garcia, Gila River Indian Community, Harris County, Texas, King County, Washington, League of Women Voters, National Urban League, Navajo Nation, The National Association for the Advancement of Colored People. (Huseny, Sadik) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

RECAP
93

Order re: Communications with the Court. Signed by Judge Lucy H. Koh on 9/9/2020. (lhklc3, COURT STAFF) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

RECAP

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 18, 2020

Closing Date: April 22, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A coalition of counties, cities, Indian tribes, advocacy organizations, and individuals.

Plaintiff Type(s):

City/County Plaintiff

American Indian Tribe

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Brennan Center for Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Commerce, Federal

Secretary of the U.S. Department of Commerce, Federal

U.S. Census Bureau, Federal

Director of the U.S. Census Bureau, 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

Constitutional Clause(s):

Enumerations Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1650000

Order Duration: 2020 - 2020

Content of Injunction:

Preliminary relief granted

Issues

General:

Government services

Record-keeping