Case: Portland v. Barr

3:20-cv-07184 | U.S. District Court for the Northern District of California

Filed Date: Oct. 14, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 26, 2020, in the midst of widespread racial justice protests challenging police conduct, President Trump signed Executive order 13933, entitled Protecting American Monuments, Memorials, and Statues and Combating Recent Criminal Violence. Days later, Acting Security of Homeland Security Chad Wolf began implementing this Executive Order by deploying federal law enforcement agents – including agents from Immigration and Customs Enforcement, the U.S. Marshals Service, and U.S. Customs and B…

On June 26, 2020, in the midst of widespread racial justice protests challenging police conduct, President Trump signed Executive order 13933, entitled Protecting American Monuments, Memorials, and Statues and Combating Recent Criminal Violence. Days later, Acting Security of Homeland Security Chad Wolf began implementing this Executive Order by deploying federal law enforcement agents – including agents from Immigration and Customs Enforcement, the U.S. Marshals Service, and U.S. Customs and Border Protection – to Portland as part of “Operation Diligent Valor.” The city of Portland did not invite or consent to the presence of federal law enforcement.

The cities of Portland, OR and Oakland, CA brought this lawsuit against the U.S. Department of Justice and Department of Homeland Security on October 14, 2020, challenging the federal government’s new policy that expanded the jurisdiction of federal law enforcement. Plaintiffs asserted that the federal agents deployed during “Operation Diligent Valor” acted beyond the purpose of protecting federal persons or property. The cities, represented by their respective city attorneys and Public Rights Project, brought the suit under the Administrative Procedure Act, alleging that the actions taken by the defendants were not in accordance with the law, were arbitrary and capricious, and were in excess of federal authority. In addition, the plaintiffs alleged that Chad Wolf was not legally authorized to hold the position of Acting Secretary of Homeland Security under the Federal Vacancies Reform Act and the Homeland Security Act and therefore any actions he took to enact, enforce, or contribute to the policy must be held unlawful and set aside. Finally, plaintiffs alleged that the federal government acted in violation of the Tenth Amendment by commandeering the Portland Police Bureau and interfering with Portland’s police powers as designated to it by the State of Oregon.

The case was initially assigned to Magistrate Judge Sallie Kim on October 14, 2020. Plaintiffs declined to proceed before a Magistrate Judge and the case was reassigned to Judge Edward M. Chen. Defendants filed a motion to dismiss for lack of jurisdiction or in the alternative to transfer venue on December 21, 2020. The Court has yet to decide the motion. Plaintiffs filed an amended complaint on January 21, 20201 that, for the most part, maintained the core aspects of the original. As of March 7, 2021, the case remains pending before the District Court with the Initial Case Management Conference set for October 7, 2021.

Summary Authors

Rachel Harrington (3/7/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18538696/parties/city-of-portland-v-garland/


Judge(s)

Chen, Edward Milton (California)

Attorneys(s) for Plaintiff

Bee, Maria (California)

Gong, LiJia (California)

Habig, Jill Ellen (California)

McPherson, Malia (California)

Miller, Jonathan B (California)

Parker, Barbara J (California)

Reeve, Tracy (Oregon)

Savitsky, Zoe Meryl (California)

Sheffield, Naomi (Oregon)

Judge(s)

Chen, Edward Milton (California)

Attorneys(s) for Plaintiff

Bee, Maria (California)

Gong, LiJia (California)

Habig, Jill Ellen (California)

McPherson, Malia (California)

Miller, Jonathan B (California)

Parker, Barbara J (California)

Reeve, Tracy (Oregon)

Savitsky, Zoe Meryl (California)

Sheffield, Naomi (Oregon)

Stilwell, Victoria (California)

Taylor, Robert L (California)

Vannier, Denis M. (Oregon)

Attorneys(s) for Defendant

Clendenen, Michael Patrick (District of Columbia)

Lynch, Jason C. (District of Columbia)

Documents in the Clearinghouse

Document

Docket

City Of Portland v. Barr

Feb. 23, 2021 Docket
1

Complaint for Declaratory and Injunctive Relief

The City of Portland and the City of Oakland v. Barr

Oct. 14, 2020 Complaint
42

First Amended Complaint for Declaratory and Injunctive Relief

The City of Portland and the City of Oakland v. Wilkinson

Jan. 21, 2021 Complaint
53

Status Report

Sept. 15, 2021 None
57

Stipulation and Proposed Order

Oct. 15, 2021 None
58

Order on Stipulation

Oct. 16, 2021 None

Resources

Title Description External URL

Portland and Oakland Sue Trump Administration for Unlawful Deployment of Federal Agents and Unconstitutional Interference with Local Control

Public Rights Project

The cities of Portland and Oakland, represented by co-counsel at Public Rights Project, filed a lawsuit challenging the Trump Administration’s new policy and practice of unlawfully deploying federal … Oct. 15, 2020 https://www.publicrightsproject.org/press/portland-and-oakland-sue-trump-administration-for-unlawful-deployment-of-federal-agents-and-unconstitutional-interference-with-local-control

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18538696/city-of-portland-v-garland/

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

ECF Number Description Date Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400, receipt number 0971-15065507.). Filed byCity Of Oakland. (Attachments: # 1 Civil Cover Sheet)(McPherson, Malia) (Filed on 10/14/2020) (Entered: 10/14/2020)

1 Civil Cover Sheet

View on PACER

Oct. 14, 2020 Clearinghouse
2

Case assigned to Magistrate Judge Sallie Kim. 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 10/28/2020. (bwS, COURT STAFF) (Filed on 10/14/2020) (Entered: 10/15/2020)

Oct. 14, 2020 PACER
3

Proposed Summons. (Gong, LiJia) (Filed on 10/15/2020) (Entered: 10/15/2020)

Oct. 15, 2020 PACER
4

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/18/2021. Initial Case Management Conference set for 1/25/2021 01:30 PM in San Francisco, Courtroom C, 15th Floor. (elyS, COURT STAFF) (Filed on 10/15/2020) (Entered: 10/15/2020)

Oct. 15, 2020 PACER
5

Summons Issued as to William P. Barr, United States Department of Homeland Security, United States Department of Justice, Chad F. Wolf, U.S. Attorney, and U.S. Attorney General (elyS, COURT STAFF) (Filed on 10/15/2020) (Entered: 10/15/2020)

Oct. 15, 2020 PACER

~Util - Case Assigned by Intake

Oct. 15, 2020 PACER
6

NOTICE of Appearance by Victoria Stilwell (Stilwell, Victoria) (Filed on 10/16/2020) (Entered: 10/16/2020)

Oct. 16, 2020 PACER
7

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15090208.) filed by City of Portland. (Attachments: # 1 Certificate/Proof of Service)(Taylor, Robert) (Filed on 10/20/2020) (Entered: 10/20/2020)

Oct. 20, 2020 PACER
8

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15090259.) filed by City of Portland. (Attachments: # 1 Certificate/Proof of Service)(Reeve, Tracy) (Filed on 10/20/2020) (Entered: 10/20/2020)

Oct. 20, 2020 PACER
9

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15090302.) filed by City of Portland. (Attachments: # 1 Certificate/Proof of Service)(Vannier, Denis) (Filed on 10/20/2020) (Entered: 10/20/2020)

Oct. 20, 2020 PACER
10

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15090320.) filed by City of Portland. (Attachments: # 1 Certificate/Proof of Service)(Sheffield, Naomi) (Filed on 10/20/2020) (Entered: 10/20/2020)

Oct. 20, 2020 PACER
11

ORDER by Magistrate Judge Sallie Kim granting 7 Motion for Pro Hac Vice. (sklc2S, COURT STAFF) (Filed on 10/21/2020) (Entered: 10/21/2020)

Oct. 21, 2020 PACER
12

ORDER by Magistrate Judge Sallie Kim granting 9 Motion for Pro Hac Vice. (sklc2S, COURT STAFF) (Filed on 10/21/2020) (Entered: 10/21/2020)

Oct. 21, 2020 PACER
13

ORDER by Magistrate Judge Sallie Kim granting 10 Motion for Pro Hac Vice. (sklc2S, COURT STAFF) (Filed on 10/21/2020) (Entered: 10/21/2020)

Oct. 21, 2020 PACER
14

Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15090259.) Filing fee previously paid on 10/20/20 filed by City of Portland. (Attachments: # 1 Certificate/Proof of Service)(Reeve, Tracy) (Filed on 10/21/2020) (Entered: 10/21/2020)

Oct. 21, 2020 PACER
15

ORDER Granting Application for Admission Pro Hac Vice signed by Magistrate Judge Sallie Kim: granting 14 Application. (shyS, COURT STAFF) (Filed on 10/22/2020) (Entered: 10/22/2020)

Oct. 22, 2020 PACER
16

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City Of Oakland, City of Portland.. (Stilwell, Victoria) (Filed on 10/28/2020) (Entered: 10/28/2020)

Oct. 28, 2020 PACER
17

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15126821.) filed by City Of Oakland, City of Portland. (Attachments: # 1 Certificate of Good Standing)(Miller, Jonathan) (Filed on 10/28/2020) (Entered: 10/28/2020)

Oct. 28, 2020 PACER
18

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED 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. (shyS, COURT STAFF) (Filed on 10/29/2020) (Entered: 10/29/2020)

Oct. 29, 2020 PACER

Clerk's Notice of Impending Reassignment - Text Only

Oct. 29, 2020 PACER
19

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 Sallie Kim 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 10/30/20. (Attachments: # 1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 10/30/2020) (Entered: 10/30/2020)

Oct. 30, 2020 PACER
20

Order by Judge Edward M. Chen granting 17 Motion for Pro Hac Vice.(afmS, COURT STAFF) (Filed on 11/6/2020) (Entered: 11/08/2020)

Nov. 6, 2020 PACER
21

CERTIFICATE OF SERVICE by City Of Oakland, City of Portland re 1 Complaint (Miller, Jonathan) (Filed on 11/9/2020) (Entered: 11/09/2020)

Nov. 9, 2020 PACER
22

NOTICE of Appearance by Jill Ellen Habig (Habig, Jill) (Filed on 11/12/2020) (Entered: 11/12/2020)

Nov. 12, 2020 PACER
23

CASE MANAGEMENT CONFERENCE ORDER IN REASSIGNED CASE: Initial Case Management Conference set for 2/11/2021 09:30 AM in San Francisco, Courtroom 05, 17th Floor. Joint Case Management Statement due by 2/4/2021. Signed by Judge Edward M. Chen on 11/16/2020. (afmS, COURT STAFF) (Filed on 11/16/2020) (Entered: 11/16/2020)

Nov. 16, 2020 PACER
24

CERTIFICATE OF SERVICE by City Of Oakland, City of Portland re 20 Order on Motion for Pro Hac Vice, 12 Order on Motion for Pro Hac Vice, 16 Consent/Declination to Proceed Before a US Magistrate Judge, 19 Order,,, Case Assigned/Reassigned,, 18 Clerk's Notice of Impending Reassignment - Text Only,, 13 Order on Motion for Pro Hac Vice, 15 Order on Motion for Pro Hac Vice, 11 Order on Motion for Pro Hac Vice, 21 Certificate of Service (Miller, Jonathan) (Filed on 12/4/2020) (Entered: 12/04/2020)

Dec. 4, 2020 PACER
25

NOTICE of Appearance by Jason Lynch on Behalf of All Defendants (Lynch, Jason) (Filed on 12/9/2020) (Entered: 12/09/2020)

Dec. 9, 2020 PACER
26

NOTICE of Appearance by Michael Patrick Clendenen (Clendenen, Michael) (Filed on 12/11/2020) (Entered: 12/11/2020)

Dec. 11, 2020 PACER
27

STIPULATION WITH PROPOSED ORDER to Extend Page Limitations on Defendants' Motion to Dismiss filed by William P. Barr, United States Department of Homeland Security, United States Department of Justice, Chad F. Wolf. (Lynch, Jason) (Filed on 12/16/2020) (Entered: 12/16/2020)

Dec. 16, 2020 RECAP
28

MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss filed by City Of Oakland, City of Portland. (Attachments: # 1 Proposed Order)(Miller, Jonathan) (Filed on 12/16/2020) (Entered: 12/16/2020)

Dec. 16, 2020 PACER
29

Order by Judge Edward M. Chen granting 27 Stipulation to Extend Page Limitations on Defendants' Motion to Dismiss. Defendants may file a motion to dismiss of up to 40 pages and a reply of up to 25 pages. (afmS, COURT STAFF) (Filed on 12/17/2020) (Entered: 12/17/2020)

Dec. 17, 2020 PACER
30

MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer Venue filed by William P. Barr, United States Department of Homeland Security, United States Department of Justice, Chad F. Wolf. Motion Hearing set for 1/28/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. Responses due by 1/4/2021. Replies due by 1/11/2021. (Attachments: # 1 Declaration of Juliana Blackwell, # 2 Declaration of Neal J. Swartz)(Clendenen, Michael) (Filed on 12/21/2020) (Entered: 12/21/2020)

1 Declaration of Juliana Blackwell

View on RECAP

2 Declaration of Neal J. Swartz

View on PACER

Dec. 21, 2020 PACER
31

NOTICE of Change In Counsel by Victoria Stilwell (Stilwell, Victoria) (Filed on 12/23/2020) (Entered: 12/23/2020)

Dec. 23, 2020 PACER
32

(DISREGARD. SEE [34) Order by Judge Edward M. Chen granting 28 Motion for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss. Due 1/25/2021.(afmS, COURT STAFF) (Filed on 12/23/2020) Modified on 12/23/2020 (afmS, COURT STAFF). (Entered: 12/23/2020)

Dec. 23, 2020 PACER
33

CLERK'S NOTICE CONTINUING MOTION HEARING RE: 30 MOTION TO DISMISS FROM 1/28/2021 TO 2/11/2021: 30 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer Venue. Motion Hearing set for 1/28/2021 is vacated and rescheduled for 2/11/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. 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/emcGeneral 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/. Motion Hearing set for 2/11/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 12/23/2020) (Entered: 12/23/2020)

Dec. 23, 2020 PACER
34

AMENDED ORDER granting 28 MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss filed by City Of Oakland, City of Portland. Opposition due 12/21/2020. Signed by Judge Edward M. Chen on 12/23/2020. (afmS, COURT STAFF) (Filed on 12/23/2020) (Entered: 12/23/2020)

Dec. 23, 2020 PACER
35

CLERK'S NOTICE SETTING BRIEFING DEADLINES RE: 30 MOTION TO DISMISS: Briefing deadlines are as follows: Responses due by 1/21/2021. Replies due by 1/28/2021. Hearing set 2/11/2021 at 1:30PM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 12/23/2020) (Entered: 12/23/2020)

Dec. 23, 2020 PACER
36

NOTICE of Change In Counsel by Tracy Pool Reeve (Reeve, Tracy) (Filed on 12/23/2020) (Entered: 12/23/2020)

Dec. 23, 2020 PACER

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

Dec. 23, 2020 PACER

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

Dec. 23, 2020 PACER

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

Dec. 23, 2020 PACER

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

Dec. 24, 2020 PACER
37

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Miller, Jonathan) (Filed on 1/5/2021) (Entered: 01/05/2021)

Jan. 5, 2021 PACER
38

ADMINISTRATIVE MOTION for Extension of Time to Amend Under FRCP 15(a) filed by City Of Oakland, City of Portland. (Attachments: # 1 Declaration, # 2 Proposed Order)(Gong, LiJia) (Filed on 1/11/2021) Modified on 1/12/2021 (afmS, COURT STAFF). (Entered: 01/11/2021)

Jan. 11, 2021 PACER
39

CLERK'S NOTICE: The Government has until Friday, 1/15/2021, 5PM (PST) to respond to 38 ADMINISTRATIVE MOTION for Extension of Time to Amend Under FRCP 15(a). (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 1/12/2021) (Entered: 01/12/2021)

Jan. 12, 2021 PACER

Clerk's Notice

Jan. 13, 2021 PACER
40

OPPOSITION/RESPONSE (re 38 ADMINISTRATIVE MOTION ) filed byWilliam P. Barr, United States Department of Homeland Security, United States Department of Justice, Chad F. Wolf. (Lynch, Jason) (Filed on 1/15/2021) (Entered: 01/15/2021)

Jan. 15, 2021 PACER
41

ORDER GRANTING 38 Administrative Motion for Extension of Time to Amend Under FRCP 15(a). Plaintiffs may file an amended complaint on or before 1/21/2021. Defendants motion to dismiss, Docket No. 30, is dismissed as moot in light of the forthcoming amended complaint. Signed by Judge Edward M. Chen on 1/18/2021. (afmS, COURT STAFF) (Filed on 1/18/2021) (Entered: 01/18/2021)

Jan. 18, 2021 PACER
42

AMENDED COMPLAINT against All Defendants. Filed byCity of Portland, City Of Oakland. (Miller, Jonathan) (Filed on 1/21/2021) (Entered: 01/21/2021)

Jan. 21, 2021 Clearinghouse
43

STIPULATION WITH PROPOSED ORDER to Extend Deadlines and Page Limits filed by David P. Pekoske, United States Department of Homeland Security, United States Department of Justice, Robert M Wilkinson. (Lynch, Jason) (Filed on 1/27/2021) (Entered: 01/27/2021)

Jan. 27, 2021 PACER
44

Order as Modified by Judge Edward M. Chen granting 43 Stipulation to Extend Deadlines and Page Limits. Response and/or Motion due 3/5/2021. Page limits: 35 pages for the motion and opposition and 20 pages for the reply. Initial Case Management Conference reset for 4/1/2021 09:30 AM in San Francisco, - Videoconference Only. Joint Case Management Statement due by 3/25/2021.(afmS, COURT STAFF) (Filed on 1/28/2021) (Entered: 01/28/2021)

Jan. 28, 2021 RECAP
45

STIPULATION WITH PROPOSED ORDER filed by City Of Oakland, City of Portland. (Attachments: # 1 Declaration)(Miller, Jonathan) (Filed on 2/22/2021) (Entered: 02/22/2021)

1 Declaration

View on PACER

Feb. 22, 2021 RECAP
46

Order by Judge Edward M. Chen granting 45 Stipulation. Parties to file with the Court a joint status report every 60 days. The joint status reports shall be filed on or before: 4/15/2021; 6/15/2021; 8/16/2021. Joint Case Management Statement due by 9/30/2021. Initial Case Management Conference set for 4/1/2021 is vacated and rescheduled for 10/7/2021 09:30 AM in San Francisco, Courtroom 05, 17th Floor.(afmS, COURT STAFF) (Filed on 2/23/2021) (Entered: 02/23/2021)

Feb. 23, 2021 PACER
47

JOINT STATUS REPORT filed by David P. Pekoske, United States Department of Homeland Security, United States Department of Justice, Robert M Wilkinson. (Lynch, Jason) (Filed on 4/15/2021) (Entered: 04/15/2021)

April 15, 2021 PACER
48

ORDER approving 47 Status Report filed by Robert M Wilkinson, David P. Pekoske, United States Department of Justice, United States Department of Homeland Security. Further report due 6/15/2021. Signed by Judge Edward M. Chen on 4/15/2021. (afmS, COURT STAFF) (Filed on 4/16/2021) (Entered: 04/18/2021)

April 16, 2021 PACER
49

STATUS REPORT (Joint) by David P. Pekoske, United States Department of Homeland Security, United States Department of Justice, Robert M Wilkinson. (Clendenen, Michael) (Filed on 6/15/2021) (Entered: 06/15/2021)

June 15, 2021 PACER
50

ORDER Approving 49 Joint Status Report filed by Robert M Wilkinson, David P. Pekoske, United States Department of Justice, United States Department of Homeland Security. Signed by Judge Edward M. Chen on 06/15/2021. (bxs, COURT STAFF) (Filed on 6/15/2021) (Entered: 06/15/2021)

June 15, 2021 RECAP
51

STATUS REPORT (Joint) Proposing another Joint Status Report by September 15, 2021, by United States Department of Homeland Security, United States Department of Justice. (Lynch, Jason) (Filed on 8/16/2021) (Entered: 08/16/2021)

Aug. 16, 2021 PACER
52

ORDER approving 51 Status Report filed by United States Department of Justice, United States Department of Homeland Security. Signed by Judge Edward M. Chen on 8/16/2021. (afmS, COURT STAFF) (Filed on 8/16/2021) (Entered: 08/16/2021)

Aug. 16, 2021 PACER
53

STATUS REPORT (Joint) by Merrick Garland, David P. Pekoske, United States Department of Homeland Security, United States Department of Justice, Robert M Wilkinson. (Lynch, Jason) (Filed on 9/15/2021) (Entered: 09/15/2021)

Sept. 15, 2021 RECAP
54

NOTICE of Change In Counsel by LiJia Gong (Gong, LiJia) (Filed on 9/15/2021) (Entered: 09/15/2021)

Sept. 15, 2021 PACER
55

ORDER approving 53 Status Report filed by Merrick Garland, Robert M Wilkinson, David P. Pekoske, United States Department of Justice, United States Department of Homeland Security. Status Report due 10/15/2021. Signed by Judge Edward M. Chen on 9/15/2021. (afmS, COURT STAFF) (Filed on 9/15/2021) (Entered: 09/15/2021)

Sept. 15, 2021 PACER
56

STATUS REPORT (Joint) by Merrick Garland, David P. Pekoske, United States Department of Homeland Security, United States Department of Justice, Robert M Wilkinson. (Lynch, Jason) (Filed on 10/15/2021) (Entered: 10/15/2021)

Oct. 15, 2021 PACER
57

STIPULATION WITH PROPOSED ORDER to Dismiss Case Under Fed. R. Civ. P. 41(a) filed by Merrick Garland, David P. Pekoske, United States Department of Homeland Security, United States Department of Justice, Robert M Wilkinson. (Lynch, Jason) (Filed on 10/15/2021) (Entered: 10/15/2021)

Oct. 15, 2021 Clearinghouse
58

ORDER GRANTING 57 STIPULATION OF DISMISSAL OF FIRST AMENDED COMPLAINT WITHOUT PREJUDICE. Signed by Judge Edward M. Chen on 10/15/2021. (afmS, COURT STAFF) (Filed on 10/16/2021) (Entered: 10/16/2021)

Oct. 16, 2021 Clearinghouse
58

ORDER GRANTING 57 STIPULATION OF DISMISSAL OF FIRST AMENDED COMPLAINT WITHOUT PREJUDICE. Signed by Judge Edward M. Chen on 10/15/2021. (afmS, COURT STAFF) (Filed on 10/16/2021) (Entered: 10/16/2021)

Oct. 16, 2021 RECAP

State / Territory: California

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Litigation Against Federal Police (2020)

Key Dates

Filing Date: Oct. 14, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

City of Portland, OR and City of Oakland, CA.

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Homeland Security, Federal

Department of Justice, 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):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Pattern or Practice