Case: United States v. Newsom

3:19-cv-02491 | U.S. District Court for the Southern District of California

Filed Date: Dec. 30, 2019

Case Ongoing

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Case Summary

This case involves two consolidated lawsuits against California over the state's ban on private prisons and immigration detention centers. Pre-Consolidation The first lawsuit was filed on December 30, 2019 by the GEO Group, a private prison operator. Represented by private counsel, GEO sued the Governor and Attorney General of California in the U.S. District Court for the Southern District of California. GEO challenged California's Assembly Bill 32 (AB-32), effective January 1, 2020, which bann…

This case involves two consolidated lawsuits against California over the state's ban on private prisons and immigration detention centers.

Pre-Consolidation

The first lawsuit was filed on December 30, 2019 by the GEO Group, a private prison operator. Represented by private counsel, GEO sued the Governor and Attorney General of California in the U.S. District Court for the Southern District of California. GEO challenged California's Assembly Bill 32 (AB-32), effective January 1, 2020, which banned many private prisons and detention facilities in the state. GEO alleged that this law would cause it harm, as the group operated seven federal private detention centers in California, including U.S. Marshals Service (USMS) facilities and Immigration and Customs Enforcement (ICE) facilities. GEO alleged that AB-32 violated the U.S. Constitution's Supremacy Clause because it 1) was preempted by federal law and 2) violated the principle of intergovernmental immunity. As to the latter, GEO alleged that the law unconstitutionally regulated the federal government and discriminated against the federal government by including exceptions for facilities that contracted with the state of California. Further, GEO argued that several of its contracts for private detention centers were still valid because they fell under exceptions within AB-32. GEO sought declaratory and injunctive relief and attorneys’ fees. The case was assigned to Judge Janis Lynn Sammartino.

GEO soon after sought a preliminary injunction on January 7, 2020. California moved to dismiss on March 5, 2020. The Immigrant Legal Resource Center, Human Rights Watch, and Freedom for Immigrants, among others, filed a joint amicus brief in support of California on March 13, 2020. 

The United States separately filed a lawsuit in the same court against California on January 24, 2020. The US largely raised the same claims as GEO, alleging that AB-32 violated the Supremacy Clause because it was preempted by federal law and regulated and discriminated against the federal government. The complaint noted that the federal government had already contracted for federal prisoner and detainee housing in the state through various programs run by USMS, the Bureau of Prisons (BOP), and ICE. The United States sought declaratory and injunctive relief, as well as costs. The case was originally assigned to Judge Michael M. Anello, but was soon re-assigned to Judge Sammartino because it was related to GEO's lawsuit.

On February 5, 2020, the United States moved for both preliminary and permanent injunctions. A month later, on March 5, California moved for judgment on the pleadings. 

The two separate cases were consolidated on July 20, 2020.

Consolidated Case

In the consolidated case, the court issued an opinion on October 8, 2020 in which it dismissed some of the claims and partially granted the requests for a preliminary injunction. 493 F.Supp.3d 905.

The court dismissed the US’s claims regarding its BOP facilities due to lack of standing, as the only BOP prison was ceasing operations and the other facilities were Residential Reentry Centers, which California had said AB-32 did not apply to. On the preemption issue, the court found that the plaintiffs had not shown AB-32 was preempted regarding contracts with ICE, but had shown it was preempted regarding contracts with USMS because Congress had clearly authorized USMS to use private detention facilities. As to the intergovernmental immunity issue, the court held that the plaintiffs had not shown AB-32 directly regulated the federal government because they had not demonstrated that the contractors operating the private detention centers were "instrumentalities of the United States." Further, the court held that the plaintiffs had not established that AB-32 discriminated against the federal government and its contractors in favor of California—largely because the US and California were not similarly situated with regard to the relevant provisions—or that AB-32's alleged discrimination would cause them harm.

As to the motions for a preliminary injunction, the court held that both plaintiffs would likely win their claim that AB-32 was preempted regarding contracts with USMS, and enjoined its enforcement as to those contracts. However, the court held that GEO was unlikely to win its claim that its existing contracts fell under exemptions to AB-32, so it declined to issue an injunction on that claim.

GEO appealed the decision to the U.S. Court of Appeals for the Ninth Circuit on November 6, 2020, and the United States followed suit the next month. The appeals were consolidated on December 23, 2020. The American Civil Liberties Union joined the appeal as an amicus.

On Appeal

A three-judge panel of the Ninth Circuit issued an opinion on October 5, 2021 and partially reversed the district court's decision. The panel held that AB-32 violated the Supremacy Clause because it conflicted with the Secretary of Homeland Security’s power to designate appropriate places of detention. The panel also found that AB-32 discriminated against the federal government, in violation of the intergovernmental immunity doctrine, because it required the federal government to close all private detention facilities in California but did not require the State of California to do the same. Therefore, the panel reversed the district court's dismissal of the ICE preemption claim and the intergovernmental immunity claims and its partial denial of the preliminary injunction. 15 F.4th 919.

However, this decision was vacated on April 26, 2022, when the Ninth Circuit ordered the case to be reheard en banc. The full Ninth Circuit issued an opinion on September 26, 2022 that largely agreed with the panel's decision. The Ninth Circuit found that AB-32 was unconstitutional under the Supremacy Clause. First, it violated intergovernmental immunity because it prohibited the federal government from exercising its discretion to arrange for immigration detention in the privately run facilities it deemed appropriate. Second, it was preempted because it was in direct contention with Congress’s objectives of detention management. Therefore, the Ninth Circuit vacated the district court's denial of preliminary injunctive relief and remanded for implementation. 50 F.4th 745.

Back in the District Court

While the case was on appeal, the district court docket had been transferred between judges several times. In January 2022, it was transferred to Judge Jinsook Ohta; in June 2022, it was transferred to Judge Robert S. Huie.

At the request of both parties, the district court entered a final judgment on May 23, 2023. The court declared that AB-32 was unconstitutional as applied to ICE and USMS and entered an injunction against its enforcement. The Court denied the plaintiffs' request for attorneys’ fees and costs. As of April 2024, there have been no further developments.

Summary Authors

Samantha Houghton (4/7/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16639384/parties/the-geo-group-inc-v-newsom/


Judge(s)
Attorney for Plaintiff

Alicea, Jose Joel (California)

AT, McKaye Lea

Attorney, Daniel Tenny,

Attorney for Defendant
Expert/Monitor/Master/Other

Alexander, Sarah Pascal

Attorney, Eunice Hyunhye

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Documents in the Clearinghouse

Document
1

3:19-cv-02491

Complaint

The Geo Group Inc v. Newsom

Dec. 30, 2019

Dec. 30, 2019

Complaint
1

3:20-cv-00154

Complaint for Declaratory and Injunctive Relief

Jan. 24, 2020

Jan. 24, 2020

Complaint
53

3:19-cv-02491

Order (1) Granting in Part and Denying in Part Plaintiffs' Motions for Preliminary Injunction, and (2) Granting in Part and Denying in Part Defendants' Motions to Dismiss and for Judgment on the Pleadings

The GEO Group v. Newsom

Oct. 8, 2020

Oct. 8, 2020

Order/Opinion

493 F.Supp.3d 905

20-56304

20-56172

Opinion

GEO Group, Inc. v. Newsom

U.S. Court of Appeals for the Ninth Circuit

Oct. 5, 2021

Oct. 5, 2021

Order/Opinion

15 F.4th 919

20-56304

20-56172

Opinion

GEO Group, Inc. v. Newsom

U.S. Court of Appeals for the Ninth Circuit

Sept. 26, 2022

Sept. 26, 2022

Order/Opinion

50 F.4th 745

87

3:19-cv-02491

Final Judgment and Permanent Injunction

The GEO Group v. Newsom

May 23, 2023

May 23, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16639384/the-geo-group-inc-v-newsom/

Last updated Aug. 10, 2025, 1:35 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Against Gavin C. Newsom, Xavier Becerra. (Filing fee $ 400 receipt number 0974-13315990.), filed by The Geo Group, Inc. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:19-cv-02491-JLS-WVG. Judge Janis L. Sammartino and Magistrate Judge William V. Gallo are assigned to the case. (McClellan, Michael)(sxa)(jrd) (Entered: 12/30/2019)

1 Civil Cover Sheet

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Dec. 30, 2019

Dec. 30, 2019

Clearinghouse
2

NOTICE of Party With Financial Interest by The Geo Group, Inc. re 1 Complaint. Identifying Other Affiliate The Vanguard Group, Inc., Other Affiliate BlackRock Fund Advisors for The Geo Group, Inc. (sxa)(jrd) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
3

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (sxa)(jrd) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
4

Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-13317682.)(Application to be reviewed by Clerk.)(Cooper, Charles)(jrd) (Entered: 12/31/2019)

Dec. 31, 2019

Dec. 31, 2019

PACER

Pro Hac Vice Approved - Clerk

Dec. 31, 2019

Dec. 31, 2019

PACER
5

Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-13317686.)(Application to be reviewed by Clerk.)(Kirk, Michael)(jrd) (Entered: 12/31/2019)

Dec. 31, 2019

Dec. 31, 2019

PACER
6

Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-13317694.)(Application to be reviewed by Clerk.)(Alicea, Jose)(jrd) (Entered: 12/31/2019)

Dec. 31, 2019

Dec. 31, 2019

PACER
7

Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-13317703.)(Application to be reviewed by Clerk.)(Lindsay, Steven)(jrd) (Entered: 12/31/2019)

Dec. 31, 2019

Dec. 31, 2019

PACER
8

PRO HAC APPROVED: Charles Justin Cooper appearing for Plaintiff The Geo Group, Inc. (no document attached) (jrd) (Entered: 12/31/2019)

Dec. 31, 2019

Dec. 31, 2019

PACER
9

PRO HAC APPROVED: Michael W. Kirk appearing for Plaintiff The Geo Group, Inc. (no document attached) (jrd) (Entered: 12/31/2019)

Dec. 31, 2019

Dec. 31, 2019

PACER
10

PRO HAC APPROVED: Jose Joel Alicea appearing for Plaintiff The Geo Group, Inc. (no document attached) (jrd) (Entered: 12/31/2019)

Dec. 31, 2019

Dec. 31, 2019

PACER
11

PRO HAC APPROVED: Steven John Lindsay appearing for Plaintiff The Geo Group, Inc. (no document attached) (jrd) (Entered: 12/31/2019)

Dec. 31, 2019

Dec. 31, 2019

PACER
12

NOTICE of Appearance of Counsel by Chanmaly Kendie Schlecht on behalf of The Geo Group, Inc. (Schlecht, Chanmaly)Attorney Chanmaly Kendie Schlecht added to party The Geo Group, Inc.(pty:pla) (sjm). (Entered: 12/31/2019)

Dec. 31, 2019

Dec. 31, 2019

PACER
13

Ex Parte MOTION for Leave to File Its Memorandum in Support of Its Motion for Preliminary Injunction in Excess of the Page Limit and for Approval of the Proposed Hearing Date by The Geo Group, Inc.. (Attachments: # 1 Declaration of C. Kendie Schlecht, # 2 Exhibit A to Schlecht Declaration, # 3 Exhibit B to Schlecht Declaration, # 4 Exhibit C to Schlecht Declaration, # 5 Exhibit D to Schlecht Declaration, # 6 Exhibit E to Schlecht Declaration, # 7 Exhibit F to Schlecht Declaration)(McClellan, Michael) (sjm). (Entered: 12/31/2019)

1 Declaration of C. Kendie Schlecht

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2 Exhibit A to Schlecht Declaration

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3 Exhibit B to Schlecht Declaration

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4 Exhibit C to Schlecht Declaration

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5 Exhibit D to Schlecht Declaration

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6 Exhibit E to Schlecht Declaration

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7 Exhibit F to Schlecht Declaration

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Dec. 31, 2019

Dec. 31, 2019

PACER
14

ORDER: (1) GRANTING PLAINTIFFS EX PARTE APPLICATION FOR LEAVE TO FILE ITS MEMORANDUM IN SUPPORT OF ITS MOTION FOR PRELIMINARY INJUNCTION IN EXCESS OF THE PAGE LIMIT, AND (2) SETTING HEARING DATE AND BRIEFING SCHEDULE re 13 Ex Parte MOTION for Leave to File Its Memorandum in Support of Its Motion for Preliminary Injunction in Excess of the Page Limit and for Approval of the Proposed Hearing Date by The Geo Group, Inc. Defendants SHALL FILE an opposition on or before March 5, 2020, and Plaintiff MAY FILE a reply on or before March 26, 2020. Motion Hearing set for 4/16/2020 01:30 PM in Courtroom 4D before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 1/7/2020. (sjm) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

PACER
15

MOTION for Preliminary Injunction by The Geo Group, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of C. Kendie Schlecht, # 3 Declaration of Amber Martin, # 4 Appendix, # 5 Exhibit A-E to Appendix (pp 5-100), # 6 Exhibit F-L to Appendix (pp 101-155), # 7 Exhibit M-U to Appendix (pp 156-214))(McClellan, Michael) (jpp). (Entered: 01/07/2020)

1 Memo of Points and Authorities

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2 Declaration of C. Kendie Schlecht

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3 Declaration of Amber Martin

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4 Appendix

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5 Exhibit A-E to Appendix (pp 5-100)

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6 Exhibit F-L to Appendix (pp 101-155)

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7 Exhibit M-U to Appendix (pp 156-214)

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Jan. 7, 2020

Jan. 7, 2020

PACER
16

SUMMONS Returned Executed by The Geo Group, Inc.. Xavier Becerra, Gavin C. Newsom served. (Attachments: # 1 Proof of Service)(McClellan, Michael) (jpp). (Entered: 01/08/2020)

Jan. 8, 2020

Jan. 8, 2020

PACER
17

Joint MOTION for Hearing and Briefing Dates for Motion Preliminary Injunction and Motion to Dismiss by Xavier Becerra, Gavin C. Newsom. (Boutin, Gabrielle)Attorney Gabrielle D. Boutin added to party Xavier Becerra(pty:dft), Attorney Gabrielle D. Boutin added to party Gavin C. Newsom(pty:dft) (jpp). (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

PACER
18

ORDER granting 17 Joint Motion re: hearing and briefing dates for Motion for Preliminary Injunction and Motion to Dismiss. Signed by Judge Janis L. Sammartino on 1/17/2020. (jpp) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

RECAP
19

RESPONSE in Opposition re 15 MOTION for Preliminary Injunction filed by Xavier Becerra, Gavin C. Newsom. (Boutin, Gabrielle) (jpp). (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
20

MOTION to Dismiss Complaint by Xavier Becerra, Gavin C. Newsom. (Attachments: # 1 Request for Judicial Notice)(Boutin, Gabrielle) (jpp). (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
21

RESPONSE in Opposition re 15 MOTION for Preliminary Injunction filed by Xavier Becerra, Gavin C. Newsom. (Boutin, Gabrielle) (jpp). (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

RECAP
22

MOTION to Dismiss Complaint Memorandum of Points and Authorities by Xavier Becerra, Gavin C. Newsom. (Boutin, Gabrielle) (jpp). (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

RECAP
23

RESPONSE in Opposition re 15 MOTION for Preliminary Injunction Request for Judicial Notice filed by Xavier Becerra, Gavin C. Newsom. (Boutin, Gabrielle) (jpp). (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
24

Amicus Curiae Appearance entered by Eric R. Havian on behalf of Human Rights Watch, Immigrant Legal Resource Center, Freedom For Immigrants. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Havian, Eric) (jpp). (Entered: 03/12/2020)

March 12, 2020

March 12, 2020

PACER
25

ORDER granting 24 unopposed motion by amici curiae to file brief in support of Defendants' opposition to motion for preliminary injunction and Defendants' motion to dismiss. Signed by Judge Janis L. Sammartino on 3/13/2020.(jpp) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
26

BRIEFING of Amici Curiae Immigrant Legal Resource Center, Human Rights Watch, and Freedom for Immigrants in support of Defendants' opposition to motion for preliminary injunction and Defendants' motion to dismiss. (jpp) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

RECAP
27

Joint MOTION to Continue Hearing Date and Briefing Deadlines and to Clarify Page Limit by Xavier Becerra, Gavin C. Newsom. (Boutin, Gabrielle) (jpp). (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
28

Amicus Curiae Appearance entered by Siobhan Marie Waldron on behalf of Immigrant Defense Advocates, Immigrant Legal Defense. (Attachments: # 1 Proposed amicus brief, # 2 Proposed order)(Waldron, Siobhan) (jpp). (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
29

ORDER granting 27 Joint Motion to reset hearing date and briefing deadlines and clarify page limit. The Court continues the hearing on Plaintiffs Motion for Preliminary Injunction (ECF No. 15) and Defendants Motion to Dismiss (ECF Nos. 20, 22) to May 7, 2020 at 1:30 p.m. in Courtroom 4D and vacates the previously-ordered briefing schedule (ECF. No. 18). Plaintiff shall file its combined brief, not to exceed thirty-five (35) pages, both in reply in support of its Motion for Preliminary Injunction and in opposition to Defendants Motion to Dismiss on or before April 9, 2020, and Defendants may file their reply in support of their Motion to Dismiss, if any, on or before April 23, 2020.. Signed by Judge Janis L. Sammartino on 3/27/2020. (jpp) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
30

RESPONSE to Motion re 15 MOTION for Preliminary Injunction, 20 MOTION to Dismiss Complaint filed by The Geo Group, Inc.. (McClellan, Michael) (jpp). (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

RECAP
31

REPLY - Other re 22 MOTION to Dismiss Complaint Memorandum of Points and Authorities filed by Xavier Becerra, Gavin C. Newsom. (Boutin, Gabrielle) (jpp). (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
32

ORDER continuing hearing (ECF Nos. 29) - The Court continues the hearing on Plaintiffs Motion for Preliminary Injunction (ECF No. 15) and Defendants Motion to Dismiss (ECF No. 22) to June 18, 2020 at 1:30 p.m. in Courtroom 4D. Signed by Judge Janis L. Sammartino on 4/29/2020.(jpp) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
33

Joint MOTION to Continue Hearing Date on Motion for Preliminary Injunction and Motion to Dismiss by The Geo Group, Inc.. (Schlecht, Chanmaly) (jpp). (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
34

ORDER continuing hearing. To coordinate its schedule, the Court continues the hearing on Plaintiffs Motion for Preliminary Injunction (ECF No. 15) and Defendants Motion to Dismiss (ECF No. 22) to July 16, 2020 at 1:30 p.m. in Courtroom 4D. Signed by Judge Janis L. Sammartino on 4/30/2020. (jpp) (dlg). (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
35

ORDER OF TRANSFER. Magistrate Judge William V. Gallo is no longer assigned. Case reassigned to Magistrate Judge Daniel E. Butcher for all further proceedings. The new case number is 19CV2491-JLS(DEB). Signed by Magistrate Judge William V. Gallo on 6/17/2020.(jpp) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
36

MINUTE ORDER OF TRANSFER. Magistrate Judge Daniel E. Butcher is no longer assigned. Case reassigned back to Magistrate Judge William V. Gallo for all further proceedings. The new case number is 19cv2491 JLS (WVG).(no document attached) (jcj) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER

Order of Judge Transfer

June 17, 2020

June 17, 2020

PACER
37

ORDER regarding July 16, 2020 Hearing (ECF Nos. 15, 20, 22 ). Signed by Judge Janis L. Sammartino on 7/06/2020.(jpp) (dlg). (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
38

NOTICE OF CHANGE OF HEARING TIME: Hearing on Motion for Preliminary Injunction 15 and Motion to Dismiss 20 and 22 reset from 1:30 PM to 9:00 AM, Thursday, 7/16/2020 before Judge Janis L. Sammartino (no document attached) (acr) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER

Notice of Hearing on Motion

July 8, 2020

July 8, 2020

PACER
39

ORDER granting 28 unopposed motion by amici curiae brief in support of Defendants' Motion to Dismiss. (Amici curiae brief attached to the Motion at ECF No. 28-1 filed). Any response to the amici curiae brief shall be filed on or before 7/13/2020. Signed by Judge Janis L. Sammartino on 7/09/2020.(jpp) (dlg). (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
40

BRIEF OF AMICI CURIAE by Amici Curiae Parties Immigrant Legal Defense and Immigrant Defense Advocates in support of Defendant's Motion to Dismiss. (jpp) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
41

NOTICE of Appearance by Jaclyn Marie Gonzalez on behalf of Immigrant Defense Advocates (Gonzalez, Jaclyn)Attorney Jaclyn Marie Gonzalez added to party Immigrant Defense Advocates(pty:am) (jpp). (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
42

NOTICE TO COUNSEL AND THE GENERAL PUBLIC: Motion Hearing currently set for Thursday, July 16,2020 at 9:00 AM before Judge Janis L. Sammartino. The general public may listen to the proceedings by calling the toll-free number 877-336-1831, access code 8343883. Counsel making video oral arguments shall email the Courtroom Deputy by 11:00 AM, Wednesday, July 15, 2020, alex_ramos@casd.uscourts.gov for video access information (no document attached) (acr) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER

Notice (Other)

July 14, 2020

July 14, 2020

PACER
43

Minute Order for proceedings held before Judge Janis L. Sammartino: Hearing on Motion for Preliminary Injunction 15, Motion to Dismiss Complaint 20 22 held and taken under submission. Court orders that 19CV2491 and 20CV0154 be consolidated; Court to issue written order (Court Reporter/ECR Frank Rangus / CRD A Ramos / Plaintiff Attorney Charles Justin Cooper, Michael W. Kirk and Michael W. Battin / Defendant Attorney Gabrielle D. Boutin / Amicus Jaclyn Marie Gonzalez) (no document attached) (acr) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

PACER

Motion Hearing AND Order on Motion to Dismiss AND Order on Motion for Preliminary Injunction AND Order on Motion to Dismiss

July 16, 2020

July 16, 2020

PACER

Order on Motion to Dismiss AND Motion Hearing AND Order on Motion to Dismiss AND Order on Motion for Preliminary Injunction

July 16, 2020

July 16, 2020

PACER

Motion Hearing AND Order on Motion for Preliminary Injunction AND Order on Motion to Dismiss AND Order on Motion to Dismiss

July 16, 2020

July 16, 2020

PACER
44

ORDER CONSOLIDATING CASES. Cases Consolidated. All future docketing will be done in the lead case 19cv2491-JLS(WVG). Signed by Judge Janis L. Sammartino on 7/20/2020.(jpp) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
45

ORDER requesting additional briefing. Plaintiffs GEO and the United States of America each may file an additional brief, not to exceed ten (10) pages, addressing the above-enumerated issues on or before July 28, 2020; Defendants may file a response, not to exceed ten (10) pages, on or before August 4, 2020. Signed by Judge Janis L. Sammartino on 7/21/2020.(jpp) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

RECAP
46

Joint MOTION for Extension of Time to File Additional Briefing by The Geo Group, Inc.. (Schlecht, Chanmaly) (jpp). (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
47

ORDER granting 46 Joint Motion to extend additional briefing schedule. Signed by Judge Janis L. Sammartino on 7/23/2020. (jpp) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
48

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 7/16/2020 before Judge Janis L. Sammartino. Court Reporter/Transcriber: Frank J. Rangus. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/20/2020. Redacted Transcript Deadline set for 8/31/2020. Release of Transcript Restriction set for 10/28/2020. (akr) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
49

SUPPLEMENTAL BRIEFING by Plaintiff The Geo Group, Inc. re 47 Order on Motion for Extension of Time to File, 45 Order, re July 16, 2020 Hearing. (McClellan, Michael) (jpp). (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

RECAP
50

SUPPLEMENTAL BRIEFING by Plaintiff United States of America re 45 Order, . (Ehrlich, Stephen) (jpp). (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

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51

SUPPLEMENTAL BRIEFING by Defendants Xavier Becerra, Gavin C. Newsom re 45 Order, . (Boutin, Gabrielle) (jpp). (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

RECAP
52

ORDER requesting electronic submission of unexcerpted contracts. Signed by Judge Janis L. Sammartino on 9/25/2020.(jpp) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

RECAP
53

ORDER (1) Granting in Part and Denying in Part 15 Plaintiff's Motions for Preliminary Injunction, and (2) Granting in Part and Denying in Part Defendants' Motions to Dismiss and for Judgment on the Pleadings. The Court GRANTS IN PART AND DENIES IN PART Plaintiffs' Motions for Preliminary Injunction. Accordingly, the Court PRELIMINARILY ENJOINS Defendants from enforcing A.B. 32 against the USMS's privately contracted detention facilities within the State of California. Plaintiffs' Motions are otherwise DENIED. The Court GRANTS IN PART AND DENIES IN PART Defendants' Motions to Dismiss (GEO ECF Nos. 20, 22 ) and for Judgment on the Pleadings (U.S. ECF No. 13 ), as set forth above. See supra pages 68-69. Plaintiffs MAY FILE amended complaints within twenty-one (21) days of the electronic docketing of this Order. Should Plaintiffs elect not to file amended complaints, this action will proceed on their surviving causes of action.The Court also GRANTS IN PART AND DENIES IN PART GEO's and the United States' Motions for Preliminary Injunction (GEO ECF No. 15 and U.S. ECF No. 7, respectively), as set forth above, see supra page 74, and PRELIMINARILY ENJOINS Defendants from enforcing A.B. 32 against the USMS's privately contracted detention facilities within the State of California. Signed by Judge Janis L. Sammartino on 10/8/2020. (tcf) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

Clearinghouse
54

NOTICE OF APPEAL to the 9th Circuit by The Geo Group, Inc., as to 53 Order. (Filing fee $ 505 receipt number ACASDC-14824400.) (Notice of Appeal electronically transmitted to the US Court of Appeals.) (Attachments: # 1 Representation Statement)(McClellan, Michael). (Modified on 11/6/2020: Edited docket text re linked Order.) (akr). (Entered: 11/06/2020)

1 Representation Statement

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Nov. 6, 2020

Nov. 6, 2020

PACER
55

USCA Case Number 20-56172 for 54 Notice of Appeal to the 9th Circuit filed by The Geo Group, Inc. (akr) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
56

ORDER of USCA as to 54 Notice of Appeal to the 9th Circuit filed by The Geo Group, Inc. The appeal filed November 6, 2020 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. Time schedule issued. No streamlined extensions of time will be approved. Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. (akr) (Entered: 11/10/2020)

Nov. 10, 2020

Nov. 10, 2020

PACER
57

NOTICE OF APPEAL to the 9th Circuit as to 53 Order by United States of America. Fee Waived. (Notice of Appeal electronically transmitted to the US Court of Appeals.) (Ehrlich, Stephen). (Modified on 12/7/2020: Edited docket text re linked Order.) (akr). (Entered: 12/07/2020)

Dec. 7, 2020

Dec. 7, 2020

PACER
58

USCA Case Number 20-56304 for 57 Notice of Appeal to the 9th Circuit filed by United States of America. (akr) (Entered: 12/08/2020)

Dec. 7, 2020

Dec. 7, 2020

PACER
59

ORDER of USCA as to 57 Notice of Appeal to the 9th Circuit filed by United States of America. The appeal filed December 7, 2020, is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. Time schedule issued. No streamlined extensions of time will be approved. Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. (akr) (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER
60

ORDER of USCA as to 57 Notice of Appeal to the 9th Circuit filed by United States of America, 54 Notice of Appeal to the 9th Circuit filed by The Geo Group, Inc. The motions to consolidate are granted. Nos. 20-56172 and 20-56304 are consolidated. Briefing schedule issued. (akr) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
61

Joint MOTION for Order Joint Motion for Stay Pending Appeal by Xavier Becerra, Gavin C. Newsom, The State of California. (Attachments: # 1 Proposed Order Granting Joint Motion for Stay, # 2 Proof of Service)(Boutin, Gabrielle) QC Mailer, Re: proposed order(jmr). (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER
62

ORDER granting 61 Joint Motion for Stay Pending Appeal. Signed by Judge Janis L. Sammartino on 1/14/2021. (jmr) (jms). (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

PACER
63

NOTICE of Withdrawal of Counsel (Steven J. Lindsay) by The Geo Group, Inc. (Schlecht, Chanmaly) (tcf). (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER
64

Notice of Disclosure of Conflict.(ekb) (jms). (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

RECAP
65

RESPONSE re 64 Notice (Other) by the Parties filed by United States of America. (Ehrlich, Stephen) (tcf). (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

RECAP
66

ORDER of USCA as to 57 Notice of Appeal to the 9th Circuit filed by United States of America, 54 Notice of Appeal to the 9th Circuit filed by The Geo Group, Inc. The GEO Group, Inc. and the United States of America are directed to file a response to the Petition for Rehearing En Banc filed with the USCA on November 17, 2021. Instructions issued. (akr) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
67

ORDER of USCA as to 57 Notice of Appeal to the 9th Circuit filed by United States of America, 54 Notice of Appeal to the 9th Circuit filed by The Geo Group, Inc. Appellants' Motion to Extend Deadline to File Response to Petition for Panel Rehearing/Rehearing En Banc is granted. (akr) (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

PACER
68

ORDER OF TRANSFER: This case is transferred from the calendar of the Honorable Janis L. Sammartino to the calendar of the Honorable Jinsook Ohta. All dates currently set before Judge Sammartino are vacated and will be reset by Judge Ohta. Dates before the Magistrate Judge are unaffected by this Order. The new case number is 19cv2491 JO (WVG). Signed by Judge Janis L. Sammartino on 01/04/2022.(jcj) (Entered: 01/05/2022)

Jan. 4, 2022

Jan. 4, 2022

PACER
69

ORDER of USCA as to 57 Notice of Appeal to the 9th Circuit filed by United States of America, 54 Notice of Appeal to the 9th Circuit filed by The Geo Group, Inc. Upon the vote of a majority of nonrecused active judges, it is ordered that these cases be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion is vacated. (akr) (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

PACER
70

ORDER of USCA as to 57 Notice of Appeal to the 9th Circuit filed by United States of America, 54 Notice of Appeal to the 9th Circuit filed by The Geo Group, Inc. En banc oral argument will take place during the week of June 21, 2022, in Pasadena, California. The date and time will be determined by separate order. Instructions issued. (akr) (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

PACER
71

ORDER of USCA as to 57 Notice of Appeal to the 9th Circuit filed by United States of America, 54 Notice of Appeal to 9th Circuit filed by The Geo Group, Inc. Oral argument in these en banc cases will be held at 3:00 p.m. on Tuesday, June 21, 2022, in Courtroom Three of the Richard H. Chambers Courthouse, located at 125 South Grand Avenue in Pasadena, California 91105. (akr) (Entered: 05/10/2022)

May 10, 2022

May 10, 2022

PACER
72

Minute Order: This case is related to case number 20-cv-0154-RSH-WVG. Accordingly, this related case is transferred from the calendar of the Honorable Jinsook Ohta to the calendar of the Honorable Robert S. Huie. The new case number is 19-cv-2491-RSH-WVG. All hearing dates, if any, currently set before Judge Ohta are vacated and will be reset by Judge Huie. All hearing dates, if any, before the Magistrate Judge remain unaffected. (no document attached) (smy) (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

PACER

Order of Judge Transfer

June 29, 2022

June 29, 2022

PACER
73

ORDER OF TRANSFER. Magistrate Judge William V. Gallo is no longer assigned. Case reassigned to Magistrate Judge Lupe Rodriguez, Jr for all further proceedings. The new case number is 19cv2491-RSH-LR. Signed by Magistrate Judge William V. Gallo on 10/3/2022.(exs) (Entered: 10/03/2022)

Oct. 3, 2022

Oct. 3, 2022

RECAP
74

MANDATE of USCA as to 57 Notice of Appeal to 9th Circuit, filed by United States of America, 54 Notice of Appeal to 9th Circuit, filed by The Geo Group, Inc. (smy1)(jrd) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

PACER
75

STATUS REPORT JOINT by The Geo Group, Inc.. (Schlecht, Chanmaly) (alns). (Entered: 12/09/2022)

Dec. 9, 2022

Dec. 9, 2022

PACER
76

MINUTE ORDER by District Judge Robert S. Huie: In light of the reasons discussed in the Parties' Joint Status Report 75, the Court GRANTS the Parties' request to file a further joint status report by no later than December 16, 2022. (no document attached) (lao) (Entered: 12/12/2022)

Dec. 12, 2022

Dec. 12, 2022

PACER

Order

Dec. 12, 2022

Dec. 12, 2022

PACER
77

STATUS REPORT Joint Status Report by Xavier Becerra, Gavin C. Newsom, The State of California. (Boutin, Gabrielle) (alns). (Entered: 12/16/2022)

Dec. 16, 2022

Dec. 16, 2022

PACER
78

MINUTE ORDER by District Judge Robert S. Huie: In light of the reasons discussed in the Parties Joint Status Report 77, the Court GRANTS the Parties request to file a further joint status report by no later than February 16, 2023. (no document attached) (rlw) (Entered: 12/19/2022)

Dec. 19, 2022

Dec. 19, 2022

PACER

~Util - Set Deadlines/Hearings AND Order

Dec. 19, 2022

Dec. 19, 2022

PACER
79

STATUS REPORT Joint Statuts Report by Xavier Becerra, Gavin C. Newsom. (Boutin, Gabrielle) (alns). (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
80

MINUTE ORDER by District Judge Robert S. Huie: In light of the reasons discussed in the Parties' Joint Status Report 79, the Court GRANTS the Parties' request to file a further joint status report by no later than March 17, 2023. (no document attached) (lao) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER

Order

Feb. 17, 2023

Feb. 17, 2023

PACER
81

STATUS REPORT Joint Status Report by Xavier Becerra, Gavin C. Newsom, The State of California. (Boutin, Gabrielle) (alns). (Entered: 03/17/2023)

March 17, 2023

March 17, 2023

PACER
82

MINUTE ORDER by District Judge Robert S. Huie: In light of the reasons discussed in the Parties Joint Status Report 81, the Court GRANTS the Parties' request to file a further joint status report by no later than April 17, 2023.(no document attached) (lao) (Entered: 03/20/2023)

March 20, 2023

March 20, 2023

PACER

Order

March 20, 2023

March 20, 2023

PACER
83

STATUS REPORT Joint Status Report by Xavier Becerra, Gavin C. Newsom, The State of California. (Boutin, Gabrielle) (alns). (Entered: 04/17/2023)

April 17, 2023

April 17, 2023

PACER
84

MINUTE ORDER by District Judge Robert S. Huie: In light of the reasons discussed in the Parties Joint Status Report 83, the Court GRANTS the Parties' request to file a further joint status report by no later than May 17, 2023.(no document attached) (lao) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER

Order

April 18, 2023

April 18, 2023

PACER
85

STATUS REPORT JOINT STATUS REPORT by Xavier Becerra, Gavin C. Newsom. (Boutin, Gabrielle) (alns). (Entered: 05/17/2023)

May 17, 2023

May 17, 2023

PACER
86

MOTION Stipulation for Entry of Final Judgment and Permanent Injunction by Xavier Becerra, Gavin C. Newsom. (Boutin, Gabrielle) (alns). (Entered: 05/17/2023)

May 17, 2023

May 17, 2023

PACER
87

FINAL Judgment And Permanent Injunction. Signed by District Judge Robert S. Huie on 5/23/2023.(alns) (Entered: 05/23/2023)

May 23, 2023

May 23, 2023

RECAP

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Prison Conditions

Key Dates

Filing Date: Dec. 30, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States and GEO Group, a private prison operator.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public (for-profit) corporation

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of California, State

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

State Statute Struck Down

Order Duration: 2023 - None