Case: Brnovich v. Biden

2:21-cv-01568 | U.S. District Court for the District of Arizona

Filed Date: Sept. 14, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a case brought by Arizona's Attorney General challenging the Biden administration's planned vaccine mandate as unconstitutional under the Equal Protection clause of the Fourteenth Amendment. On September 9, 2021, President Biden announced a broad plan to increase vaccination rates nationwide. The plan would require all employers with 100 or more employees to ensure their workforces were fully vaccinated or tested weekly. In addition, it would require federal contracto…

COVID-19 Summary: This is a case brought by Arizona's Attorney General challenging the Biden administration's planned vaccine mandate as unconstitutional under the Equal Protection clause of the Fourteenth Amendment.


On September 9, 2021, President Biden announced a broad plan to increase vaccination rates nationwide. The plan would require all employers with 100 or more employees to ensure their workforces were fully vaccinated or tested weekly. In addition, it would require federal contractors and subcontractors, workers in most healthcare settings that receive Medicare or Medicaid reimbursement, all executive branch federal employees and contractors, and educators in the federally-paid Head Start program to be vaccinated. The following day, during a press conference, White House Press Secretary Jen Psaki confirmed that COVID-19 vaccinations were not required for unauthorized aliens at the border.

Five days after President Biden's announcement, the Attorney General of Arizona filed a complaint in the U.S. District Court for the District of Arizona alleging that the vaccine mandate was unconstitutional because it presented a preference for unauthorized non-citizens over U.S. citizens and seeking declaratory and injunctive relief. The complaint asserted that the imposition of a vaccine mandate by the federal government on U.S. citizens and lawfully employed non-citizens, but not on unauthorized non-citizens, violated the Equal Protection Clause of the Fourteenth Amendment by treating similarly situated persons differently on the basis of alienage. The case was assigned to Judge Michael T. Liburdi.

After the scope of the federal vaccine mandates became clear, plaintiffs filed a much broader First Amended Complaint on October 22, 2021. In addition to the equal protection claim, the amended complaint contained claims for alleged violations of the Procurement Act (40 U.S.C. §§ 101 and 121), the Procurement Policy Act (41 U.S.C. § 1707(a)), the Emergency Use Authorization Statute (21 U.S.C. § 360bbb-3), the right to due process under the Fifth Amendment, federalism under the Tenth Amendment, the Administrative Procedure Act (5 U.S.C. § 706), and the Immigration and Nationality Act (unspecified sections). The amended complaint asked for declaratory and injunctive relief, as well as attorney’s fees. Overall, the new arguments challenged the vaccine mandates as well as decades-long practices by which asylum seekers were released from detention while their claims were being adjudicated. That same day, plaintiffs also filed a motion for a temporary restraining order and preliminary injunction, as well as a motion to proceed pseudonymously by an unnamed plaintiff who had newly joined the litigation in the amended complaint. 

On November 10, 2021, the court held oral argument on the motion for temporary restraining order and preliminary injunction. During oral argument, the court denied the motion without prejudice and allowed plaintiffs to refile in light of revised Office of Management and Budget (OMB) guidance and determinations that would promote economy and efficiency in federal contracting. Plaintiffs subsequently filed a second amended complaint taking into account the new OMB guidance. They also re-filed their motion for a preliminary injunction and moved to bifurcate claims and consolidate trial on the merits. Plaintiffs sought to bifurcate the counts relating to the vaccine mandate from the immigration-related counts. Defendants did not oppose this argument. 

Judge Liburdi held a status conference with the parties in early December 2021 discussing, among other issues, the motion to proceed pseudonymously and the motion to bifurcate claims and consolidate trial. On December 15, 2021, the court denied the unnamed plaintiff’s motion to proceed pseudonymously. 2021 WL 7630109. The unnamed plaintiff had argued that disclosure of his identity would risk negative consequences for his future ability to work for the federal government. The court disagreed as to the seriousness of the retaliation risk, finding that this particular plaintiff did not establish any greater threat of retaliation than any other federal employee who did not wish to be vaccinated, or any other plaintiff challenging the vaccine mandate. The court directed plaintiffs to file another amended complaint providing this plaintiff’s full name, or else the unnamed plaintiff would be dismissed from the case. The plaintiffs thus filed a third amended complaint with the plaintiff’s full name on December 21, 2022. 

The court granted plaintiffs’ unopposed motion to bifurcate the vaccine mandate-related claims and the immigration-related claims and consolidate for trial on January 27, 2022. 2022 WL 252396. In the same order, the court also granted in part and denied in part plaintiffs’ motion for a preliminary injunction. First, the court held that the previously-unnamed employee’s claims were constitutionally and prudentially unripe because they depended on “contingent future events that may not occur as anticipated, or indeed may not occur at all.” However, the court held that the state defendants had standing to bring suit because they had shown the state was likely to suffer direct injury as a result of the vaccine mandate, since the state and its agencies were federal contractors subject to the mandate. Thus, the preliminary injunction only applied to federal contractors and subcontractors in the State of Arizona. 

On the merits, the court held that the executive order mandating vaccination for employees of federal contractors and subcontractors exceeded the President’s authority under the Procurement Act. However, the mandate was rationally related to a legitimate governmental interest and thus did not violate substantive due process. In sum, the court found that the state was likely to suffer irreparable harm without a preliminary injunction, and the balance of equities and public interest supported it. 

After reviewing plaintiffs’ proposed form of injunction and defendants’ objections to the proposed form, the court issued a permanent injunction on February 10, 2022. The order stated that all defendants except the City of Phoenix and President Biden were enjoined from including a clause implementing the vaccination requirement in any federal contract or subcontract to be performed in or involving parties domiciled in the State of Arizona, including the state itself or any of its agencies or political subdivisions. The court maintained its previous distinction between federal contractors and employees, dismissing the vaccine-mandate challenge by federal employees as nonjusticiable. Defendants appealed the permanent injunction to the U.S. Court of Appeals for the Ninth Circuit on April 8, 2022, and the appeal remains pending. 

Meanwhile, defendants filed a motion to dismiss the immigration-related claims in the district court on January 3, 2022. On March 15, 2022, before the court ruled on the motion to dismiss, defendants also filed a motion to stay the immigration-related claims in the district court pending the U.S. Supreme Court’s decision in Texas v. Biden, a case challenging the termination of the “Remain in Mexico” policy for asylum-seekers. Judge Liburdi denied the motion to stay on April 20, 2022, holding that although that decision may have some bearing on the claims at issue in this case, there was no guarantee that the U.S. Supreme Court would address these particular issues. 2022 WL 1166403. 

This case is ongoing. 

Summary Authors

Rachel Harrington (9/15/2021)

Zoe Goldstein (4/30/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/47042018/parties/brnovich-v-biden/


Judge(s)

Liburdi, Michael Thomas None (Arizona)

Attorneys(s) for Plaintiff

Ensign, Drew Curtis (Arizona)

Kanefield, Joseph Andrew (Arizona)

Rogers, James Kenneth (Arizona)

Roysden, Brunn Wall III (Arizona)

Judge(s)

Liburdi, Michael Thomas None (Arizona)

Attorneys(s) for Plaintiff

Ensign, Drew Curtis (Arizona)

Kanefield, Joseph Andrew (Arizona)

Rogers, James Kenneth (Arizona)

Roysden, Brunn Wall III (Arizona)

Documents in the Clearinghouse

Document

2:21-cv-01568

Docket [PACER]

Sept. 14, 2021

Sept. 14, 2021

Docket
1

2:21-cv-01568

Complaint for Declaratory Relief

Sept. 14, 2021

Sept. 14, 2021

Complaint
14

2:21-cv-01568

First Amended Complaint for Declaratory and Injunctive Relief

Oct. 22, 2021

Oct. 22, 2021

Complaint
64

2:21-cv-01568

Minutes from Motion Hearing & Order

Nov. 10, 2021

Nov. 10, 2021

Order/Opinion
70

2:21-cv-01568

Second Amended Complaint

Nov. 19, 2021

Nov. 19, 2021

Complaint
122

2:21-cv-01568

Order

2021 WL 7630109

Dec. 15, 2021

Dec. 15, 2021

Order/Opinion
134

2:21-cv-01568

Third Amended Complaint for Declaratory and Injunctive Relief

Dec. 20, 2021

Dec. 20, 2021

Complaint
156

2:21-cv-01568

Order

562 F.Supp.3d 123

Jan. 27, 2022

Jan. 27, 2022

Order/Opinion
165

2:21-cv-01568

Permanent Injunction

Feb. 10, 2022

Feb. 10, 2022

Order/Opinion
190

2:21-cv-01568

Order

2022 WL 1166403

April 20, 2022

April 20, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/47042018/brnovich-v-biden/

Last updated Aug. 11, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19860462 filed by Arizona, State of, Mark Brnovich.(Rogers, James) (Attachments: # 1 Civil Cover Sheet)(REM) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

Clearinghouse
2

Filing fee paid, receipt number 0970-19860462. This case has been assigned to the Honorable Michael T. Liburdi. All future pleadings or documents should bear the correct case number: CV-21-01568-PHX-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REM) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

PACER
3

Additional Attachments to Main Document re: 1 Complaint Summons in a Civil Action Joseph R. Biden by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
4

Additional Attachments to Main Document re: 1 Complaint Summons in a Civil Action Alejandro Mayorkas by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
5

Additional Attachments to Main Document re: 1 Complaint Summons in a Civil Action Tae Johnson by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
6

Additional Attachments to Main Document re: 1 Complaint Summons in a Civil Action Troy Miller by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
7

Additional Attachments to Main Document re: 1 Complaint Summons in a Civil Action United States Department of Homeland Security by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
8

SUMMONS Submitted by Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
9

SUMMONS Submitted by Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
10

SUMMONS Submitted by Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
11

SUMMONS Submitted by Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
12

SUMMONS Submitted by Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
13

Summons Issued as to Joseph R Biden, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER

NOTICE of request for e-notices by James Christian. (Christian, James)

Oct. 12, 2021

Oct. 12, 2021

PACER
14

AMENDED COMPLAINT against All Defendants filed by Arizona, State of, Mark Brnovich. (Attachments: # 1 Exhibit, # 2 Exhibit)(Rogers, James) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

Clearinghouse
15

MOTION for Leave to File Excess Pages for Motion for a Temporary Restraining Order and Preliminary Injunction by Arizona, State of, Mark Brnovich. (Attachments: # 1 Proposed Order Proposed Order for Motion to Exceed Page Limits, # 2 Exhibit Proposed Motion for a Temporary Restraining Order and Preliminary Injunction, # 3 Exhibit Proposed Motion for a Temporary Restraining Order and Preliminary Injunction - Declaration and Exhibits (1 of 2), # 4 Exhibit Proposed Motion for a Temporary Restraining Order and Preliminary Injunction - Declaration and Exhibits (2 of 2), # 5 Proposed Order Proposed Order for Motion for a Temporary Restraining Order and Preliminary Injunction)(Rogers, James) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
16

MOTION To Proceed Pseudonymously by John Doe. (Attachments: # 1 Proposed Order)(Rogers, James) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
17

*MOTION to Expedite Briefing schedule of Plaintiffs' Proposed TRO and PI Motion by Arizona, State of, Mark Brnovich. (Attachments: # 1 Proposed Order)(Rogers, James) *Modified to remove incorrect filer on 10/25/2021 (SST). (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
18

SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
19

SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
20

SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
21

SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
22

SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
23

SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
24

SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
25

SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
26

SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
27

SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
28

SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
29

SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
30

SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
31

SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
32

ORDER granting 15 Plaintiff's Motion for Leave to File Excess Pages. Plaintiffs shall be permitted to file the Proposed Motion for Temporary Restraining Order and Preliminary Injunction. Plaintiffs are ordered to file the motion within 24 hours of this Order. FURTHER ORDERED that Defendants may file a consolidated 34-page response. Plaintiffs may file a reply not exceeding 20 pages. FURTHER ORDERED denying 17 Motion to Expedite, without prejudice. Plaintiffs may refile this motion after filing the Notice described in the Order. FINALLY ORDERED that Plaintiff's Motion for Leave to Proceed Pseudonymously (Doc. 16 ) remains pending. Signed by Judge Michael T Liburdi on 10/22/21. (SJF) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
33

*NOTICE re: Notice in Compliance with Court's 10/22/21 Order by Mark Brnovich, Arizona, State of . (Rogers, James) *Modified to add additional filer on 10/25/2021 (SST). (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
34

*Second MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Mark Brnovich, Arizona, State of. (Attachments: # 1 Exhibit, # 2 Exhibit)(Rogers, James). *Modified to add motion part and additional filer; attorney noticed on 10/25/2021 (SST). (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
35

*NOTICE OF ATTORNEY APPEARANCE: Joseph John DeMott appearing for Joseph R Biden, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. (DeMott, Joseph) *Modified to reflect correct event; attorney noticed on 10/26/2021 (SST). (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
36

*Second MOTION to Expedite Briefing Schedule for Plaintiffs Renewed Motion for Preliminary Injunction by Arizona, State of, Mark Brnovich. (Attachments: # 1 Proposed Order)(Rogers, James) *Modified to correct filers on 10/26/2021 (SST). (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
37

*NOTICE OF ATTORNEY APPEARANCE: Christopher M Lynch for Joseph R Biden, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. (Lynch, Christopher) *Modified to reflect correct event; attorney noticed on 10/26/2021 (SST). (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
38

RESPONSE in Opposition re: 36 Second MOTION to Expedite Briefing Schedule for Plaintiffs Renewed Motion for Preliminary Injunction filed by Joseph R Biden, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. (DeMott, Joseph) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
39

REPLY to Response to Motion re: 36 Second MOTION to Expedite Briefing Schedule for Plaintiffs Renewed Motion for Preliminary Injunction filed by Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
40

ORDER: IT IS ORDERED setting a Status Conference for Tuesday, 10/26/2021 at 10:00 AM, in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T. Liburdi. Counsel may appear in person or telephonically. Call-in instructions will be sent via email. Ordered by Judge Michael T. Liburdi on 10/22/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
41

Summons Issued as to Kiran Ahuja, Robin Carnahan, General Services Administration, Ur M Jaddou, Office of Management and Budget, Safer Federal Workforce Task Force, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

PACER
42

AFFIDAVIT of Service by Certified Mail by Plaintiffs Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

PACER
43

REPLY to Response to Motion re: 36 Second MOTION to Expedite Briefing Schedule for Plaintiffs Renewed Motion for Preliminary Injunction, 34 Second MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by John Doe. (Wilenchik, John) (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

PACER
44

MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Status Conference held on 10/26/2021. IT IS ORDERED granting Plaintiffs' Motion for expedited briefing schedule, (Doc. 36 ), to the extent that Defendants' responsive brief is due by 11/2/2021. Plaintiffs' reply is due by 11/5/2021. IT IS FURTHER ORDERED setting oral argument on the Renewed Motion for a Temporary Restraining Order and Preliminary Injunction, (Doc. 34 ), for Wednesday, 11/10/2021 at 08:30 AM, in Courtroom 504.See the attached pdf for complete details. (Court Reporter Barbara Stockford) Hearing held 10:03 AM to 10:39 AM. (RMW) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

PACER
45

TRANSCRIPT REQUEST by Arizona, State of, Mark Brnovich for proceedings held on 10/26/2021, Judge Michael T Liburdi hearing judge(s). (Roysden, Brunn) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

PACER
46

TRANSCRIPT REQUEST by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients for proceedings held on 10/26/2021, Judge Michael T Liburdi hearing judge(s). (DeMott, Joseph) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

PACER
47

*NOTICE of Appearance by Davis P. Bauer on behalf of John Doe. Within Firm. (Wilenchik, Dennis) *Modified to reflect correct event; attorney noticed on 10/28/2021 (SST). (Entered: 10/27/2021)

Oct. 27, 2021

Oct. 27, 2021

PACER
54

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS HEARING proceedings held on 10/26/2021, before Judge MICHAEL T. LIBURDI. [Court Reporter: Barbara H. Stockford, RMR, CRR, CRC, Telephone number (602) 322-7247]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/26/2021. Redacted Transcript Deadline set for 12/6/2021. Release of Transcript Restriction set for 2/3/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 11/5/2021 (RAP). (Entered: 11/05/2021)

Oct. 28, 2021

Oct. 28, 2021

PACER
48

NOTICE re: OF ADDITIONAL LEGAL AND FACTUAL DEVELOPMENTS by Arizona, State of, Mark Brnovich . (Attachments: # 1 Exhibit Church v. Biden DDC Court Order, Oct 29, 2021, # 2 Affidavit Second Declaration of James K. Rogers and Exhibits, # 3 Affidavit Declaration of Rebekah Browder, and Exhibits, # 4 Affidavit Declaration of Dawn Northup, and Exhibits)(Rogers, James) (Entered: 10/29/2021)

Oct. 29, 2021

Oct. 29, 2021

PACER
49

MOTION for Extension of Time to File Response/Reply as to 34 Second MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, MOTION for Leave to File Excess Pages for Response to Second MOTION for Preliminary Injunction by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. (Attachments: # 1 Proposed Order)(DeMott, Joseph) (Entered: 10/30/2021)

Oct. 30, 2021

Oct. 30, 2021

PACER
50

ORDER granting Defendants' unopposed Motion for Extension of Time and Enlargement of Page Limit (Doc. 49). Defendants' opposition to Plaintiffs' pending Motion for Temporary Restraining Order and Preliminary Injunction (Doc. 34) shall be due on Thursday, November 4, 2021. Defendants' opposition shall not exceed 41 pages. Plaintiffs' reply brief shall be due on Monday, November 8, 2021. Oral argument on Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction remains set for Wednesday, November 10, 2021, at 8:30 AM in Courtroom 504. ORDERED by Judge Michael T. Liburdi on this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 11/01/2021)

Nov. 1, 2021

Nov. 1, 2021

PACER
51

NOTICE OF ATTORNEY APPEARANCE: Kevin Wynosky appearing for Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. . (Wynosky, Kevin) (Entered: 11/04/2021)

Nov. 4, 2021

Nov. 4, 2021

PACER
52

RESPONSE in Opposition re: 34 Second MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. (Attachments: # 1 Exhibit Marks Decl., # 2 Exhibit Hawes Decl.)(DeMott, Joseph) (Entered: 11/04/2021)

Nov. 4, 2021

Nov. 4, 2021

PACER
53

RESPONSE in Opposition re: 16 MOTION To Proceed Pseudonymously filed by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. (DeMott, Joseph) (Entered: 11/05/2021)

Nov. 5, 2021

Nov. 5, 2021

PACER
55

NOTICE re: Supplemental Authority by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients . (Attachments: # 1 Opinion Denying Mot. for PI/TRO, Church v. Biden, No. 1:21-cv-2815 (D.D.C.))(DeMott, Joseph) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

PACER
56

MOTION for Leave to File Excess Pages by Arizona, State of, Mark Brnovich, John Doe. (Attachments: # 1 Proposed Order, # 2 Attachment, # 3 Exhibit)(Rogers, James) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

PACER
57

ORDER: The Court has been generous with page extensions. Indeed, in its October 22, 2021 Order granting Plaintiffs' leave to file an overlength opening brief, the Court, despite Plaintiffs not asking for one at the time, anticipated the need for an overlength reply brief. That order preemptively granted Plaintiffs leave to file a 20-page reply. (See Doc. 32.) Now, on the day that the reply brief was due, and well into the evening, Plaintiffs filed a motion requesting leave to file a 33-page reply. (Doc. 56.) The motion does not cite the Court's prior order. Instead, it references the 11-page limit established by local rule. This suggests that Plaintiffs' counsel did not read the prior order carefully. Accordingly, the Motion for leave to file an overlength reply (Doc. 56) is denied. It is ordered that Plaintiffs shall file a reply brief not exceeding 20 pages no later than 11:00 am today, November 9, 2021. ORDERED by Judge Michael T. Liburdi this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER
58

REPLY to Response to Motion re: 34 Second MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Arizona, State of, Mark Brnovich, John Doe. (Attachments: # 1 Exhibit)(Rogers, James) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER
59

NOTICE of Appearance by Robert Charles Merritt on behalf of Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. (Merritt, Robert) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER
60

NOTICE re: of Supplemental Authority by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients . (Attachments: # 1 Exhibit Smith decision, # 2 Exhibit Altschuld decision)(Merritt, Robert) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER
61

*SERVICE EXECUTED by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) *Modified to correct event on 11/10/2021 (WLP). (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER
62

NOTICE re: of Additional Factual Development by Arizona, State of, Mark Brnovich . (Attachments: # 1 Exhibit)(Rogers, James) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER
63

TRANSCRIPT REQUEST by Arizona, State of, Mark Brnovich for proceedings held on 11-10-21, Judge Michael T Liburdi hearing judge(s). (Roysden, Brunn) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
64

MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Motion Hearing held on 11/10/2021. IT IS ORDERED that Plaintiffs shall file their amended complaint and motion for preliminary relief by Friday, 11/19/2021. Defendants shall file their response by no later than 5:00 PM EST, on Friday, 12/3/2021. Plaintiffs' reply is due by Wednesday, 12/8/2021. IT IS FURTHER ORDERED that Plaintiffs' Renewed Motion for a Temporary Restraining Order and Preliminary Injunction, (Doc. 34 ), is denied without prejudice to refiling as directed on the record. (Court Reporter Barbara Stockford) See the attached pdf for complete details. Hearing held 8:34 AM to 11:49 AM. (RMW) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

Clearinghouse
65

NOTICE re: DETERMINATION OF THE ACTING OMB DIRECTOR by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients . (Attachments: # 1 Exhibit)(DeMott, Joseph) (Entered: 11/11/2021)

Nov. 11, 2021

Nov. 11, 2021

PACER
66

TRANSCRIPT REQUEST by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients for proceedings held on 11/10/2021, Judge Michael T Liburdi hearing judge(s). (DeMott, Joseph) (Entered: 11/11/2021)

Nov. 11, 2021

Nov. 11, 2021

PACER
68

**(AMENDED TRANSCRIPT FILED AT DOC. 69 ) - NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING proceedings held on 11/10/2021, before Judge MICHAEL T. LIBURDI. [Court Reporter: Barbara H. Stockford, RMR, CRR, CRC, Telephone number (602) 322-7247]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/6/2021. Redacted Transcript Deadline set for 12/16/2021. Release of Transcript Restriction set for 2/14/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 11/15/2021 (RAP). **Modified to reference amended version and create docket entry relationship on 11/15/2021 (RAP). (Entered: 11/15/2021)

Nov. 11, 2021

Nov. 11, 2021

PACER
69

NOTICE OF FILING OF OFFICIAL AMENDED TRANSCRIPT of MOTION HEARING proceedings held on 11/10/2021, before Judge MICHAEL T. LIBURDI. [Court Reporter: Barbara H. Stockford, RMR, CRR, CRC, Telephone number (602) 322-7247]. Amended to remove 'Telephonic' notation on page 2, the appearance page. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/6/2021. Redacted Transcript Deadline set for 12/16/2021. Release of Transcript Restriction set for 2/14/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 11/15/2021 (RAP). (Entered: 11/15/2021)

Nov. 11, 2021

Nov. 11, 2021

PACER
67

REPLY to Response to Motion re: 16 MOTION To Proceed Pseudonymously filed by John Doe. (Wilenchik, John) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
70

AMENDED COMPLAINT Second against All Defendants filed by Mark Brnovich, John Doe, Arizona, State of. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Rogers, James) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

Clearinghouse
71

NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Arizona, State of, Mark Brnovich . (Attachments: # 1 Exhibit)(Rogers, James) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
72

Third MOTION for Preliminary Injunction by Arizona, State of, Mark Brnovich, John Doe. (Attachments: # 1 Proposed Order)(Rogers, James) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
73

MOTION to Bifurcate Claims and Consolidate Trial on the Merits Under Rule 65(a)(2) by Arizona, State of, Mark Brnovich, John Doe. (Attachments: # 1 Proposed Order)(Rogers, James) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
74

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
75

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
76

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
77

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
78

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
79

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
80

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
81

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
82

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
83

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
84

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
85

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
86

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
87

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
88

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
89

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
90

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
91

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
92

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
93

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
94

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
95

SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
96

NOTICE of Appearance by Michael Napier on behalf of Phoenix Law Enforcement Association, United Phoenix Firefighters Association Local 493. (Napier, Michael) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
97

Summons Issued as to Mathew C Blum, Centers for Disease Control and Prevention, Deanne Criswell, Federal Acquisition Regulatory Council, Lesley A Field, Karla S Jackson, Jeffrey A Koses, James M Murray, L Eric Patterson, Phoenix, City of, John M Tenaglia, United States of America, Rochelle Walensky. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER
98

*AFFIDAVIT of Service by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) *Modified to remove incorrect party as a filer on 12/1/2021 (SST). (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

PACER
99

*NOTICE re: Additional Notification Provided to the City of Phoenix by Arizona, State of, Mark Brnovich. (Rogers, James) *Modified to remove incorrect party as a filer on 12/1/2021 (SST). (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Sept. 14, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Attorney General for the State of Arizona

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, 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):

Equal Protection

Due Process: Substantive Due Process

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Discrimination-basis:

National origin discrimination

Immigration/Border:

Admission - procedure

Asylum - procedure