State of Arizona v. Biden

State of Arizona v. Biden

State of Arizona v. Biden

State of Arizona v. Biden

State of Arizona v. Biden

State of Arizona v. Biden

U. S. Court of Appeals for the Sixth Circuit

U. S. Court of Appeals for the Sixth Circuit

COMPLAINT against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-8599591), filed by State of Ohio, State of Montana, State of Arizona. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Summons Form Attorney General, # 4 Summons Form US Attorney, # 5 Summons Form Civil Process Clerk, # 6 Summons Form Biden, # 7 Summons Form Biden, # 8 Summons Form Department of Homeland Security, # 9 Summons Form Mayorkas, # 10 Summons Form Miller, # 11 Summons Form Johnson, # 12 Summons Form Jaddou) (Flowers, Benjamin) (Entered: 11/18/2021)

1 Exhibit A

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2 Civil Cover Sheet

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3 Summons Form Attorney General

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4 Summons Form US Attorney

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5 Summons Form Civil Process Clerk

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6 Summons Form Biden

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7 Summons Form Biden

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8 Summons Form Department of Homeland Security

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9 Summons Form Mayorkas

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10 Summons Form Miller

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11 Summons Form Johnson

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12 Summons Form Jaddou

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Summons Issued as to All Defendants. (srb) (Entered: 11/19/2021)

CERTIFICATE of Mailing by the Clerk: A copy of the complaint and issued summons were sent to the named defendants via certified mail. (daf) (Entered: 11/23/2021)

MOTION for Preliminary Injunction by Plaintiffs State of Arizona, State of Montana, State of Ohio. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S) (Flowers, Benjamin) (Entered: 11/23/2021)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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NOTICE OF HEARING: An informal conference on Plaintiffs' motion for a preliminary injunction, under S.D. Ohio Civ. R. 65.1(a), is set for 11/29/2021 at 4:00 p.m. ET before Judge Michael J. Newman by telephone. Judge Newman's courtroom deputy will provide counsel of record with call-in information. (jak) (Entered: 11/23/2021)

NOTICE of Appearance by Adam Kirschner for Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America (Kirschner, Adam) (Entered: 11/23/2021)

MOTION to Change Venue to the District of Arizona by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Attachments: # 1 Text of Proposed Order) (Kirschner, Adam) (Entered: 11/23/2021)

1 Text of Proposed Order

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Order

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number Waived) of Sylvia May Davis by Plaintiff State of Ohio. (Attachments: # 1 Certificate of Good Standing) (Flowers, Benjamin) (Entered: 11/24/2021)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8608715) of Christian B. Corrigan by Plaintiff State of Ohio. (Attachments: # 1 Certificate of Good Standing) (Flowers, Benjamin) (Entered: 11/24/2021)

RESPONSE to Motion re 7 MOTION to Change Venue to the District of Arizona filed by Plaintiffs State of Arizona, State of Montana, State of Ohio. (Flowers, Benjamin) (Entered: 11/26/2021)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8608715) of Christian B. Corrigan by Plaintiff State of Ohio. (Attachments: # 1 Certificate of Good Standing) (Flowers, Benjamin) (Entered: 11/29/2021)

REPLY to Response to Motion re 7 MOTION to Change Venue to the District of Arizona filed by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Kirschner, Adam) (Entered: 11/29/2021)

ORDER granting 11 Motion for Leave to Appear Pro Hac Vice of Christian B. Corrigan as counsel or co-counsel in this case for Plaintiff, State of Montana. Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Michael J. Newman on 11/29/2021. (bjr) (Entered: 11/29/2021)

NOTATION ORDER re: 9 Motion for Leave to Appear Pro Hac Vice of Christian B. Corrigan is DENIED WITHOUT PREJUDICE for Counsel's failure to submit a Certificate of Good Standing from the State of Montana, as stated in its motion. Counsel may re-file such a motion that contains the appropriate affirmative statement of Mr. Corrigan's state of licensure to correspond with his Certificate of Good Standing. Signed by Magistrate Judge Peter B. Silvain, Jr. on 11/29/2021. (del)

Order on Motion for Leave to Appear Pro Hac Vice

ORDER granting 8 Motion for Leave to Appear Pro Hac Vice of Sylvia May Davis as counsel or co-counsel in this case for Plaintiff, State of Ohio. Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Michael J. Newman on 11/30/2021. (bjr) (Entered: 11/30/2021)

Minute entry for informal conference held under S.D. Ohio Civ. R. 65.1 before Judge Michael J. Newman on 11/29/2021. Benjamin M. Flowers and Anthony R. Napolitano appeared and participated on behalf of Plaintiffs. Adam Kirschner appeared and participated on behalf of Defendants. The Court recognized that Defendants' motion to transfer (Doc. No. 7 ) is ripe and has taken the matter under advisement. Defendants orally moved to stay briefing on Plaintiffs' motion for a preliminary injunction until the Court issues a decision on the motion to transfer. Should a briefing schedule on Plaintiffs' motion for a preliminary injunction be necessary, the parties agreed to the default timeline set forth in S.D. Ohio Civ. R. 7.2(a)(2). No party anticipates discovery issues, and Defendants intend to compile and promptly produce the administrative record to Plaintiffs. (Court Reporter: Julie Renee Hohenstein) (jak) (Entered: 11/30/2021)

NOTATION ORDER granting Defendants' oral motion to stay briefing on Plaintiffs' motion for a preliminary injunction pending disposition of Defendants' motion to transfer (Doc. No. 7 ). Should the Court deny Defendants' motion to transfer, a simultaneous briefing schedule order shall issue. IT IS SO ORDERED. Signed by Judge Michael J. Newman on 11/30/2021. (jak) (Entered: 11/30/2021)

Order on Motion for Leave to Appear Pro Hac Vice

Status Conference

Order

ORDER: (1) DENYING DEFENDANTS' MOTION TO TRANSFER (DOC. NO. 7 ); (2) LIFTING THE STAY ON BRIEFING OF PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION; AND (3) SETTING A BRIEFING SCHEDULE ON PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION. The Court DENIES DHS's motion to transfer. 7 The Court hereby LIFTS the stay on the briefing schedule for Plaintiffs' motion for a preliminary injunction. Doc. No. 16 . DHS shall file an opposition memorandum in response to Plaintiffs' preliminary injunction request on or before December 27, 2021. Plaintiffs shall file a reply brief 14 days from the filing of DHS's opposition memorandum.The Court intends to schedule an in-person oral argument on Plaintiffs' motion for a preliminary injunction. An order setting a status conference to discuss the date and time of oral argument will issue by separate entry. Signed by Judge Michael J. Newman on 12/6/2021. (bjr) (Entered: 12/06/2021)

NOTICE of Appearance by Michael F Knapp for Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America (Knapp, Michael) (Entered: 12/07/2021)

NOTICE OF HEARING: Status conference set for 12/15/21 at 4:00 p.m. ET before Judge Michael J. Newman by telephone. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (jak) (Entered: 12/07/2021)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8625714) of Anthony R. Napolitano by Plaintiff State of Ohio. (Attachments: # 1 Certificate of Good Standing) (Flowers, Benjamin) (Entered: 12/07/2021)

~Util - Set Hearings AND Order

NOTICE by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America of Administrative Record (Attachments: # 1 Exhibit AR Certification, # 2 Exhibit AR Index) (Kirschner, Adam) (Entered: 12/08/2021)

Order on Motion for Leave to Appear Pro Hac Vice

NOTATION ORDER granting 20 Motion for Leave to Appear Pro Hac Vice of Anthony R. Napolitano,as Counsel or Co-Counsel in this case for Plaintiff, for the State of Arizona. Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Michael J. Newman on 12-8-2021. (bjr)

NOTICE of Appearance by Brian C. Rosen-Shaud for Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America (Rosen-Shaud, Brian) (Entered: 12/10/2021)

SUMMONS Returned Executed as to Defendant, Joseph R. Biden. Card marked Received Mail Operation. Tracking No. 7014 3490 0000 7920 1805. Joseph R. Biden served on 12/14/2021; Answer due 1/4/2022. (bjr) (Entered: 12/14/2021)

Minute entry for status conference held on 12/15/2021 before Judge Michael J. Newman. Benjamin D. Flowers and Sylvia May Davis appeared and participated on behalf of Plaintiffs. Brian C. Rosen-Shaud and Michael F. Knapp appeared and participated on behalf of Defendants. Defendants intend to file a motion to dismiss simultaneous to their opposition memorandum in response to Plaintiffs' motion for a preliminary injunction. Upon agreement of the parties, the Court set an oral argument on Plaintiffs' motion for a preliminary injunction and Defendants' forthcoming motion to dismiss on 02/16/2022. The Court modified the briefing schedule as follows: Defendants' opposition memorandum in response to Plaintiffs' motion for a preliminary injunction and motion to dismiss is due on or before 12/27/2021; Plaintiffs shall file an omnibus opposition memorandum in response to Defendants' motion to dismiss and reply in support of their motion for a preliminary injunction 21 days thereafter; and Defendants' reply brief in support of their motion to dismiss is due 14 days from the filing of Plaintiffs' omnibus brief. (Court Reporter: Julie Renee Hohenstein) (jak) (Entered: 12/16/2021)

Status Conference

NOTICE OF ORAL ARGUMENT - Upon agreement of the parties, oral argument on Plaintiffs motion for a preliminary injunction and Defendants motion to dismiss is set on February 16, 2022 at 10:00 a.m. ET in the Walter H. Rice Federal Building & U.S. Courthouse, Courtroom 1. Signed by Judge Michael J. Newman on 12/17/21. (pb) (Entered: 12/17/2021)

Set/Reset Deadlines as to 4 MOTION for Preliminary Injunction. Defendants' opposition memorandum in response to Plaintiffs' motion for a preliminary injunction and motion to dismiss is due on or before 12/27/2021; Plaintiffs shall file an omnibus opposition memorandum in response to Defendants' motion to dismiss and reply in support of their motion for a preliminary injunction 21 days thereafter; and Defendants' reply brief in support of their motion to dismiss is due 14 days from the filing of Plaintiffs' omnibus brief. (bjr)

Set Motion and R&R Deadlines/Hearings

SUMMONS Returned Executed as to 1 Complaint executed upon Merrick Garland, Attorney General, US Dept. Justice, 950 Pennsylvania Ave NW, Washington DC 20530; Tracking No. 7014 3490 0000 7920 1799. Answer due 1/29/2022. (bjr) Modified on 12/22/2021 to correct clerical error (bjr). (Entered: 12/22/2021)

Set/Reset Deadlines

Set/Reset Scheduling Order Deadlines AND Set Motion and R&R Deadlines/Hearings AND Set/Reset Deadlines

Set Motion and R&R Deadlines/Hearings AND Set/Reset Deadlines AND Set/Reset Scheduling Order Deadlines

Set Motion and R&R Deadlines/Hearings AND Set/Reset Scheduling Order Deadlines AND Set/Reset Deadlines

Set/Reset Deadlines: United States Department of Homeland Security answer due 1/31/2022. (pb)

ADMINISTRATIVE RECORD by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Attachments: # 1 Exhibit Corrected AR Index, # 2 Exhibit Considerations Memo, # 3 Exhibit Bernsen 1976 Memo, # 4 Exhibit Meissner 2000 Memo, # 5 Exhibit Morton 2010 Memo, # 6 Exhibit Morton 2011 Memo, # 7 Exhibit J Johnson 2014 Memo, # 8 Exhibit Kelly 2017 Memo, # 9 Exhibit Pekoske 2021 Memo, # 10 Exhibit ICE 2021 Interim Guidance, # 11 Exhibit Stakeholder Outreach Summary Memo, # 12 Exhibit ICE Listening Sessions Memo, # 13 Exhibit Outreach April 6-April 9, # 14 Exhibit Outreach April 14-May 20, # 15 Exhibit AART Data Memo, # 16 Exhibit OPLA PD Memo, # 17 Exhibit Reps Comer and Jordan Ltr, # 18 Exhibit Rep Bishop Ltr, # 19 Exhibit Ill AG Raoul Ltr, # 20 Exhibit Rep Biggs Ltr, # 21 Exhibit Fla Gov DeSantis Ltr, # 22 Exhibit Rep Fallon Ltr, # 23 Exhibit Rep Thompson Ltr, # 24 Exhibit Sen Scott Ltr, # 25 Exhibit Sheriff Rambosk Ltr, # 26 Exhibit Rep Ocasio-Cortez Ltr, # 27 Exhibit Sen Booker Ltr, # 28 Exhibit EO 13993, # 29 Exhibit Light Article, # 30 Exhibit Decker Decl, # 31 Exhibit Berg Decl, # 32 Exhibit Burke Decl) (Knapp, Michael) (Entered: 12/27/2021)

RESPONSE in Opposition re 4 MOTION for Preliminary Injunction filed by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Knapp, Michael) (Entered: 12/27/2021)

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION for Judgment as a Matter of Law ( Responses due by 1/18/2022) by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Attachments: # 1 Text of Proposed Order) (Knapp, Michael) (Entered: 12/27/2021)

1 Text of Proposed Order

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UNOPPOSED MOTION TO FILE BRIEF AS AMICI CURIAE OF THE AMERICAN CIVIL LIBERTIES UNION, ACLU OF OHIO, AND ACLU OF ARIZONA (Attachments: # 1 Proposed Amici Curiae, # 2 Affidavit Declaration of David K. Hausman) (Carey, David) Modified on 12/28/2021 to correct text (pb). (Entered: 12/28/2021)

NOTATION ORDER granting 30 motion for leave of Court to file brief as amici curiae. The Clerk is directed to separately file Amici's proposed brief ([30-1]) and affidavit ([30-2]). Should the parties wish to respond, they shall do so on or before 01/18/2022. IT IS SO ORDERED. Signed by Judge Michael J. Newman on 12/28/2021. (jak) (Entered: 12/28/2021)

BRIEF OF AMICI CURIAE THE AMERICAN CIVIL LIBERTIES UNION, ACLU OF OHIO, AND ACLU OF ARIZONA re 29 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for Judgment as a Matter of Law by Amicus David J. Carey. (Attachments: # 1 Declaration of David Hausman) (pb) (Entered: 12/28/2021)

Order on Motion for Leave to File

REPLY to Response to Motion re 4 MOTION for Preliminary Injunction filed by Plaintiffs State of Arizona, State of Montana, State of Ohio. (Attachments: # 1 Exhibit T) (Flowers, Benjamin) (Entered: 01/18/2022)

RESPONSE to Motion re 29 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for Judgment as a Matter of Law filed by Plaintiffs State of Arizona, State of Montana, State of Ohio. (Attachments: # 1 Exhibit T) (Flowers, Benjamin) (Entered: 01/18/2022)

Unopposed MOTION for Leave to File Brief as Amicus Curiae of the Immigration Reform Law Institute by Amicus Immigration Reform Law Institute. (Attachments: # 1 Amicus Curiae Brief) (Hurley, Brian) (Entered: 01/21/2022)

NOTATION ORDER granting 35 motion for leave of Court to file brief as amici curiae. The Clerk is directed to separately file [35-1] Amici's proposed brief. Should the parties wish to respond, they shall do so on or before 02/11/2022. IT IS SO ORDERED. Signed by Judge Michael J. Newman on 01/21/2022. (jak) (Entered: 01/21/2022)

Order on Motion for Leave to File

NOTICE: The 02/16/2022 oral argument will now be held via GoToMeeting video conference software at 10:00 a.m. ET before Judge Michael J. Newman. Call-in information for interested parties, the media, or the general public is: +1 (786) 535-3211, access code: 730-143-365. Information for the GoToMeeting video conference will be supplied to counsel of record prior to the hearing. Pursuant to S.D. Ohio Civ. R. 83.2, publication or broadcast of this proceeding is PROHIBITED. (jak) (Entered: 01/26/2022)

Order

REPLY to Response to Motion re 29 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for Judgment as a Matter of Law filed by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Knapp, Michael) (Entered: 02/01/2022)

MOTION to Supplement Evidence by Plaintiffs State of Arizona, State of Montana, State of Ohio. (Attachments: # 1 Exhibit U) (Flowers, Benjamin) (Entered: 02/09/2022)

RESPONSE to Motion re 39 MOTION to Supplement Evidence filed by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Knapp, Michael) (Entered: 02/09/2022)

NOTATION ORDER granting 39 Plaintiffs' unopposed motion to supplement evidence. [39-1] Exhibit U will be considered as appended to 4 Plaintiffs' motion for a preliminary injunction. Signed by Judge Michael J. Newman on 2/10/2022. (bjs) (Entered: 02/10/2022)

Order on Motion for Miscellaneous Relief

Minute entry for oral argument on 4 motion for a preliminary injunction and 29 motion to dismiss or alternatively for judgment on the administrative record held on 02/16/2022 before Judge Michael J. Newman. Counsel for all parties appeared and participated. The Court took the motions under advisement at the conclusion of the proceeding. (Court Reporter: Julie Renee Hoenstein) (jak) (Entered: 02/16/2022)

Motion Hearing

Transcript of Proceedings held on February 16, 2022, before Judge Michael J. Newman. Court Reporter/Transcriber Julie Hohenstein, RPR, CRR, RMR, Telephone number 937-512-1639. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 3/16/2022. Redacted Transcript Deadline set for 3/28/2022. Release of Transcript Restriction set for 5/24/2022. (jrh) (Entered: 02/23/2022)

ORDER: (1) DENYING DEFENDANTS MOTION TO DISMISS (DOC. NO. 29 ); (2) GRANTING THE STATES MOTION FOR A PRELIMINARY INJUNCTION (DOC.NO. 4 ); AND (3) ENJOINING ENFORCEMENT OF THE PERMANENT GUIDANCE (DOC. NO. 4 -1) AS DESCRIBED HEREIN. Signed by Judge Michael J. Newman on 3/22/22. (pb) (Entered: 03/22/2022)

Emergency MOTION to Stay re 44 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for Judgment as a Matter of Law,, Order on Motion for Preliminary Injunction, by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Knapp, Michael) (Entered: 03/22/2022)

RESPONSE in Opposition re 45 Emergency MOTION to Stay re 44 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for Judgment as a Matter of Law,, Order on Motion for Preliminary Injunction, filed by Plaintiffs State of Arizona, State of Montana, State of Ohio. (Flowers, Benjamin) (Entered: 03/22/2022)

ORDER DENYING DEFENDANT'S EMERGENCY MOTION FOR AN ADMINISTRATIVE STAY (DOC. NO. 45). Signed by Judge Michael J. Newman on 3/23/2022. (srb) (Entered: 03/23/2022)

NOTICE OF APPEAL re 44 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for Judgment as a Matter of Law,, Order on Motion for Preliminary Injunction, (ifp status requested) by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Knapp, Michael) (Entered: 03/28/2022)

MOTION to Stay re 44 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for Judgment as a Matter of Law,, Order on Motion for Preliminary Injunction, by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Attachments: # 1 Affidavit of Daniel Bible) (Knapp, Michael) (Entered: 03/28/2022)

MOTION to Stay re 44 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for Judgment as a Matter of Law,, Order on Motion for Preliminary Injunction, (Administrative Stay) by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Knapp, Michael) (Entered: 03/28/2022)

ORDER FOR EXPEDITED BRIEFING - Before the Court is Defendants motion for a stay pending appeal and a renewed motion for an administrative stay of the Court's March 22, 2022 Order. Doc. Nos. 49, 50 . The Court ORDERS that responsive briefing be submitted on or before March 30, 2022, at 12:00 p.m. A reply brief, if any, shall be filed on or before March 31, 2022, at 12:00 p.m. Signed by Judge Michael J. Newman on 3/29/22. (pb) (Entered: 03/29/2022)

USCA Case Number 22-3272 for 48 Notice of Appeal, filed by Alejandro Mayorkas, Joseph R. Biden, Ur Jaddou, Tae Johnson, Troy Miller, United States of America, United States Department of Homeland Security. (pb) (Entered: 03/30/2022)

RESPONSE in Opposition re 50 MOTION to Stay re 44 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for Judgment as a Matter of Law,, Order on Motion for Preliminary Injunction, (Administrative St, 49 MOTION to Stay re 44 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for Judgment as a Matter of Law,, Order on Motion for Preliminary Injunction, filed by Plaintiffs State of Arizona, State of Montana, State of Ohio. (Flowers, Benjamin) (Entered: 03/30/2022)

REPLY to Response to Motion re 50 MOTION to Stay re 44 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for Judgment as a Matter of Law,, Order on Motion for Preliminary Injunction, (Administrative St, 49 MOTION to Stay re 44 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for Judgment as a Matter of Law,, Order on Motion for Preliminary Injunction, filed by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Knapp, Michael) (Entered: 03/31/2022)

ORDER: (1) DENYING DEFENDANTS MOTION FOR A STAY PENDING APPEAL (DOC. NO. 49 ); AND (2) DENYING DEFENDANTS MOTION FOR AN ADMINISTRATIVE STAY (DOC. NO. 50 ). Signed by Judge Michael J. Newman on 3/31/22. (pb) (Entered: 03/31/2022)

Consent MOTION for Extension of Time to File Answer re 1 Complaint,, New date requested 4/26/2022. by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Attachments: # 1 Text of Proposed Order) (Knapp, Michael) (Entered: 04/01/2022)

NOTATION ORDER granting 56 Defendants' consent motion to extend answer deadline. Defendants' answer due on or before 04/26/2022. IT IS SO ORDERED. Signed by Judge Michael J. Newman on 04/01/2022. (jak) (Entered: 04/01/2022)

Order on Motion for Extension of Time to Answer

Consent MOTION for Extension of Time to File Answer re 1 Complaint,, New date requested 4/26/2022. by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Attachments: # 1 Text of Proposed Order) (Knapp, Michael) (Entered: 04/01/2022)

NOTATION ORDER granting 56 Defendants' consent motion to extend answer deadline. Defendants' answer due on or before 04/26/2022. IT IS SO ORDERED. Signed by Judge Michael J. Newman on 04/01/2022. (jak) (Entered: 04/01/2022)

Order on Motion for Extension of Time to Answer

ORDER of USCA as to 48 Notice of Appeal filed by Alejandro Mayorkas, Joseph R. Biden, Ur Jaddou, Tae Johnson, Troy Miller, United States of America & United States Department of Homeland Security: The Sixth Circuit grants the National Government's stay pending appeal. Note: No Mandate details noted. (er) (Entered: 04/13/2022)

SUMMONS Returned Executed as to Defendant, Tae Johnson. Tae Johnson served on 4/13/2022, Answer due 5/4/2022. (bjr) (Entered: 04/18/2022)

Unopposed MOTION to Stay Proceedings by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Attachments: # 1 Text of Proposed Order) (Knapp, Michael) (Entered: 04/20/2022)

1 Text of Proposed Order

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ORDER: (1) GRANTING DEFENDANTS UNOPPOSED MOTION TO STAY PROCEEDINGS (DOC. NO. 60 ); AND (2) STAYING FURTHER PROCEEDINGS IN THIS COURT PENDING COMPLETION OF APPELLATE REVIEW. Signed by Judge Michael J. Newman on 4/20/22. (pb)

ORDER of USCA It is ORDERED that the district courts grant of preliminaryinjunctive relief is REVERSED and REMANDED for further proceedings consistent with the opinion ofthis court. as to 48 Notice of Appeal, filed by Alejandro Mayorkas, Joseph R. Biden, Ur Jaddou, Tae Johnson, Troy Miller, United States of America, United States Department of Homeland Security Note: Mandate to issue. (Note attached judgement document was received without the signature of the Sixth Circuit Clerk Deborah S. Hunt (pb) (Entered: 07/06/2022)

MOTION to Stay District Court Proceedings Pending the Supreme Courts Resolution of United States v. Texas, No. 22-58 (2022) by Plaintiffs State of Arizona, State of Montana, State of Ohio. (Flowers, Benjamin) (Entered: 07/27/2022)

MANDATE of USCA as to 48 Notice of Appeal filed by Alejandro Mayorkas, Joseph R. Biden, Ur Jaddou, Tae Johnson, Troy Miller, United States of America & United States Department of Homeland Security: No costs taxed. (er) (Entered: 08/31/2022)

ORDER: (1) GRANTING PLAINTIFFS' UNOPPOSED MOTION TO CONTINUE STAY OF PROCEEDINGS (DOC. NO. 63 ); AND (2) STAYING FURTHER PROCEEDINGS IN THIS COURT PENDING THE SUPREME COURT'S RESOLUTION OF UNITED STATES v. TEXAS, NO. 22-58-(2022). Signed by Judge Michael J. Newman on 8/31/2022. (srb) (Entered: 08/31/2022)

NOTICE of Appearance by Anthony Roman Napolitano for Plaintiff State of Arizona (Napolitano, Anthony) (Entered: 12/30/2022)

Withdraw as Attorney

Order on Motion to Withdraw as Attorney