Case: United States v. Abbott

1:23-cv-00853 | U.S. District Court for the Western District of Texas

Filed Date: July 24, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 24, 2023, the United States Department of Justice filed a complaint against Greg Abbott in his capacity as governor as well as the state of Texas in the United States District Court for the Western District of Texas. The complaint is predicated on agents of the state of Texas installing a 1000 ft long floating barrier in the Rio Grande river on July 10, 2023. The DOJ alleges that the installation of the barrier is in breach of the Rivers and Harbors Act, and is seeking an injunction by …

On July 24, 2023, the United States Department of Justice filed a complaint against Greg Abbott in his capacity as governor as well as the state of Texas in the United States District Court for the Western District of Texas. The complaint is predicated on agents of the state of Texas installing a 1000 ft long floating barrier in the Rio Grande river on July 10, 2023. The DOJ alleges that the installation of the barrier is in breach of the Rivers and Harbors Act, and is seeking an injunction by the court to stop construction on the floating barrier and take down existing structures.

Defendants issued a motion for expedited discovery on July 31, 2023. Defendants want the ability to depose six federal employees for five hours per witness ahead of the August 9 deadline for a response to plaintiffs' complaint. On August 1, 2023, the case was transferred Judge David A. Ezra in the Western District of Texas, and on August 3, 2023, the judge issued an order granting in part and denying in part defendants' motion for expedited discovery. While the judge agreed with the basic demand for discovery, he said that the request was far too broad; a great deal of the information needed is publicly available, so deposing federal employees for five hours is unnecessary. As such, defendants were granted the ability to depose three of the six witnesses for three hours each.

On August 9, 2023, defendants put out a response to plaintiffs' motion for a preliminary injunction. The government duly replied with its own response to the motion on August 16, 2023.

On August 18, 2023, plaintiffs issued a notice alerting the court that, according to observers, defendants had started new construction projects within the river

Judge Ezra granted the plaintiffs' motion for a preliminary injunction on September 6, 2023. The judge's decision to grant the motion was predicated on a few reasons: first, the judge determined that the barrier is an obstruction to the navigable capacity of the Rio Grande. Because it is such a barrier, its construction would have required permission from the Army Corps of Engineers. The judge did not find Texas's argument of the barrier being a form of self-defense convincing, saying that whether or not the actions constitute self-defense is a nonjusticiable political question. Finally, the judge made the point that the remaining equitable factors favor a preliminary injunction. As such, the judge ordered that defendants reposition the barrier to the bank of the Texas side of the river, out of the water. Defendants immediately appealed the order to the United States Court of Appeals for the Fifth Circuit.

The Fifth Circuit court granted the appeal on September 7, 2023, and concurrently ordered an administrative stay of the preliminary injunction.

On October 5, Judges King, Willett, and Douglas of the Fifth Circuit heard an oral argument before the Fifth Circuit.

The case is ongoing as of November 15, 2023.

 

 

Summary Authors

Carlos Hurtado-Esteve (11/16/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67630985/parties/united-states-v-abbott/


Judge(s)

Austin, Andrew W. (Texas)

Attorney for Plaintiff

Attorney, Brian H. (Texas)

Attorney for Defendant

Al-Fuhaid, Munera (Texas)

Attorney, Ryan Daniel (Texas)

Berg, Zachary (Texas)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case
1

1:23-cv-00853

Complaint

United States of America v. Abbott

July 24, 2023

July 24, 2023

Complaint
11

1:23-cv-00853

Defendants' Motion To Conduct Limited Expedited Discovery

July 31, 2023

July 31, 2023

Pleading / Motion / Brief
12

1:23-cv-00853

Order

Aug. 1, 2023

Aug. 1, 2023

Order/Opinion
19

1:23-cv-00853

Order Granting In Part And Denying In Part Defendants' Motion For Expedited Discovery

Aug. 3, 2023

Aug. 3, 2023

Order/Opinion
24

1:23-cv-00853

Brief of United States Representatives Jodey C. Arrington, et al as Amici Curiae in Opposition to Plaintiff United States' Opposed Motion for Preliminary Injunction

Aug. 9, 2023

Aug. 9, 2023

Pleading / Motion / Brief
26

1:23-cv-00853

Defendants' Memorandum In Opposition To Plaintiff United States' Motion For Preliminary Injunction

Aug. 9, 2023

Aug. 9, 2023

Pleading / Motion / Brief
37

1:23-cv-00853

Plaintiff United States' Reply In Support Of Motion For Preliminary Injunction

Aug. 16, 2023

Aug. 16, 2023

Pleading / Motion / Brief
39

1:23-cv-00853

Plaintiff United States Notice Of New Facts

Aug. 18, 2023

Aug. 18, 2023

Pleading / Motion / Brief
50

1:23-cv-00853

Order Granting Plaintiff's Motion for Preliminary Injunction

Sept. 6, 2023

Sept. 6, 2023

Order/Opinion

2023 WL 5740596

51

1:23-cv-00853

Defendants' Notice Of Appeal

Sept. 6, 2023

Sept. 6, 2023

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67630985/united-states-v-abbott/

Last updated July 28, 2026, 8:25 p.m.

ECF Number Date Description Link
1 July 24, 2023

COMPLAINT (Filing fee $ 402.), filed by UNITED STATES OF AMERICA. (Attachments: # (1) Exhibit U.S Army Corps of Engineers Navigable Waters List, # (2) Exhibit U.S. Coast Guard Navigability Determination, # (3) Exhibit U.S. Coast Guard Authentication Declaration, # (4) Exhibit U.S. Customs and Border Patrol Photo-Authentication Declaration, # (5) Civil Cover Sheet)(Dingivan, James)

1 Exhibit U.S Army Corps of Engineers Navigable Waters List

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2 Exhibit U.S. Coast Guard Navigability Determination

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3 Exhibit U.S. Coast Guard Authentication Declaration

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4 Exhibit U.S. Customs and Border Patrol Photo-Authentication Declaration

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5 Civil Cover Sheet

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2 July 24, 2023

REQUEST FOR ISSUANCE OF SUMMONS by UNITED STATES OF AMERICA. (Dingivan, James)

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3 July 24, 2023

SUPPLEMENT to [1] Complaint, by United States of America.. (Attachments: # (1) Exhibit Letter from Governor)(Dingivan, James)

1 Exhibit Letter from Governor

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4 July 24, 2023

Summons Issued as to Greg Abbott and The State of Texas. (so)

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July 24, 2023

Case assigned to Judge Docket II - Austin. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (so)

July 24, 2023

To be Referred to AU Mag Judge

July 24, 2023

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Dustin M. Howell (so)

5 July 26, 2023

Opposed MOTION for Preliminary Injunction by United States of America.. (Attachments: # (1) Attachment 1: Declaration of Abraham Garcia with exhibits, # (2) Attachment 2: Declaration of Mario Gomez, # (3) Attachment 3: Declaration of Jason D. Owens, # (4) Attachment 4: Declaration of Capt. Brandy Parker, # (5) Attachment 5: Declaration of Jennifer T. Pena, # (6) Attachment 6: Declaration of Capt. Justin Peters, # (7) Attachment 7: Declaration of Hillary Quam, # (8) Attachment 8: Declaration of Joseph L. Shelnutt, # (9) Attachment 9: USDOJ Pre-filing Notice Letter to Texas dated July 20, 2023, # (10) Attachment 10: Letter from Governor Abbott to President Biden dated July 24, 2023, # (11) Proposed Order)(Lynk, Brian)

1 Attachment 1: Declaration of Abraham Garcia with exhibits

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2 Attachment 2: Declaration of Mario Gomez

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3 Attachment 3: Declaration of Jason D. Owens

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4 Attachment 4: Declaration of Capt. Brandy Parker

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5 Attachment 5: Declaration of Jennifer T. Pena

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6 Attachment 6: Declaration of Capt. Justin Peters

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7 Attachment 7: Declaration of Hillary Quam

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8 Attachment 8: Declaration of Joseph L. Shelnutt

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9 Attachment 9: USDOJ Pre-filing Notice Letter to Texas dated July 20, 2023

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10 Attachment 10: Letter from Governor Abbott to President Biden dated July 24, 20

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11 Proposed Order

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6 July 27, 2023

NOTICE of Attorney Appearance by Munera Al-Fuhaid on behalf of Greg Abbott, The State of Texas . Attorney Munera Al-Fuhaid added to party Greg Abbott(pty:dft), Attorney Munera Al-Fuhaid added to party The State of Texas (pty:dft) (Al-Fuhaid, Munera)

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7 July 27, 2023

Pro Hac Vice Letter directed to Andrew Knudsen. (jv2)

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8 July 27, 2023

NOTICE of Attorney Appearance by Monroe David Bryant, Jr on behalf of Greg Abbott, The State of Texas . Attorney Monroe David Bryant, Jr added to party Greg Abbott(pty:dft), Attorney Monroe David Bryant, Jr added to party The State of Texas (pty:dft) (Bryant, Monroe)

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9 July 29, 2023

MOTION to Appear Pro Hac Vice by Brian H. Lynk for Andrew Knudsen (Fee waived) by on behalf of United States of America.. (Lynk, Brian) Modified on 7/31/2023 (jv2).

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10 July 31, 2023

ORDER GRANTING [9] Motion to Appear Pro Hac Vice for Attorney Andrew D. Knudsen for United States of America. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge Robert Pitman. (jv2)

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11 July 31, 2023

Opposed MOTION for Discovery on an Expedited Basis by Greg Abbott, The State of Texas. (Attachments: # (1) Proposed Order)(Bryant, Monroe)

1 Proposed Order

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12 Aug. 1, 2023

ORDER that this action is TRANSFERRED to Judge David A. Ezra for all proceedings. Signed by Judge Robert Pitman. (jv2)

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13 Aug. 1, 2023

ORDER re [11] Opposed MOTION for Expedited Discovery filed by The State of Texas. Plaintiff is ORDERED to file a response, if any, on or before 12:00 p.m. on 08/03/2023. Signed by Judge David A. Ezra. (jv2)

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14 Aug. 2, 2023

Memorandum in Opposition to Motion, filed by United States of America., re [11] Opposed MOTION for Discovery on an Expedited Basis filed by Defendant The State of Texas, Defendant Greg Abbott (Attachments: # (1) Attachment 1: Pre-filing correspondence of counsel)(Lynk, Brian)

1 Attachment 1: Pre-filing correspondence of counsel

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15 Aug. 2, 2023

NOTICE of Attorney Appearance by Patrick K. Sweeten on behalf of Greg Abbott, The State of Texas . Attorney Patrick K. Sweeten added to party Greg Abbott(pty:dft), Attorney Patrick K. Sweeten added to party The State of Texas (pty:dft) (Sweeten, Patrick)

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16 Aug. 2, 2023

NOTICE of Motion to Consolidate in Related Case by Greg Abbott, The State of Texas (Attachments: # (1) Exhibit)(Bryant, Monroe)

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17 Aug. 3, 2023

NOTICE of Attorney Appearance by Ryan Daniel Walters on behalf of Greg Abbott, The State of Texas . Attorney Ryan Daniel Walters added to party Greg Abbott(pty:dft), Attorney Ryan Daniel Walters added to party The State of Texas (pty:dft) (Walters, Ryan)

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18 Aug. 3, 2023

ORDER FOR BRIEFING AND SETTING HEARING re: [5] Opposed MOTION for Preliminary Injunction : for 8/22/2023 at 09:00 AM before Judge David A. Ezra. Signed by Judge David A. Ezra. (cc3)

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19 Aug. 3, 2023

ORDER GRANTING IN PART AND DENYING IN PART [11] Opposed MOTION for Discovery on an Expedited Basis. Signed by Judge David A. Ezra. (cc3)

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20 Aug. 4, 2023

NOTICE of Attorney Appearance by Landon Allen Wade on behalf of United States of America.. Attorney Landon Allen Wade added to party United States of America.(pty:pla) (Wade, Landon)

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21 Aug. 4, 2023

MOTION for Admission Pro Hac Vice (fee waived) by United States of America.. (Attachments: # (1) Exhibit)(Kimball, Kimere)

1 Exhibit

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22 Aug. 7, 2023

ORDER GRANTING [21] MOTION for Admission Pro Hac Vice as to KIMERE J. KIMBALL. Signed by Judge David A. Ezra. (cc3)

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23 Aug. 9, 2023

MOTION for Leave to File Amicus Brief by Chance Weldon. by Jodey Arrington, Brian Babin, Andy Biggs, Vern Buchanan, Michael C. Burgess, Katherine Kat Cammack, John Carter, Michael Cloud, Jeff Duncan, Jake Ellzey, Lance Gooden, Sam Graves, Clay Higgins, Ronny L Jackson, Nathaniel Moran, August Pfluger, David Rouzer, Chip Roy, Keith Self, Pete Sessions, Beth Van Duyne, Roger Williams. (Attachments: # (1) Exhibit 1, # (2) Proposed Order)(Weldon, Chance)

1 Exhibit 1

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2 Proposed Order

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24 Aug. 9, 2023

BRIEF of United States Representatives Jodey C. Arringon, et al. as Amici Curiae in Opposition to Plaintiff United States' Opposed Motion for Preliminary Injunction. (jv2)

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25 Aug. 9, 2023

Unopposed MOTION for Leave to Exceed Page Limitation by Greg Abbott, The State of Texas. (Attachments: # (1) Proposed Order)(Sweeten, Patrick)

1 Proposed Order

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26 Aug. 9, 2023

Response in Opposition to Motion, filed by Greg Abbott, The State of Texas, re [5] Opposed MOTION for Preliminary Injunction filed by Plaintiff United States of America. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit, # (10) Exhibit, # (11) Exhibit, # (12) Exhibit, # (13) Exhibit, # (14) Exhibit, # (15) Exhibit)(Sweeten, Patrick)

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Aug. 9, 2023

Text Order GRANTING 23 Motion for Leave to File Amicus Brief. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.)

27 Aug. 10, 2023

Unopposed MOTION to Stay Defendants' Deadline to Respond to the Complaint by Greg Abbott, The State of Texas. (Attachments: # (1) Proposed Order)(Walters, Ryan)

1 Proposed Order

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Aug. 10, 2023

Text Order GRANTING 25 Defendants' Unopposed Motion for Leave to File Excess Pages. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (arlc)

28 Aug. 14, 2023

ORDER GRANTING [27] Defendants' Unopposed Motion for a Stay of Their Deadline to Respond to the Complaint. Signed by Judge David A. Ezra. (jv2)

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29 Aug. 14, 2023

MOTION to Appear Pro Hac Vice by Matt A. Crapo in opposition to Plaintiff's motion for preliminary injunction ( Filing fee $ 100 receipt number ATXWDC-17767707) by on behalf of Immigration Reform Law Institute. (Crapo, Matt)

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30 Aug. 14, 2023

NOTICE of Attorney Appearance by Paul M. Davis on behalf of Immigration Reform Law Institute, Immigration Reform Law Institute. Attorney Paul M. Davis added to party Immigration Reform Law Institute(pty:am) (Davis, Paul)

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31 Aug. 14, 2023

Unopposed MOTION for Leave to File Amicus Briefin opposition to Plaintiff's motion for preliminary injunction by Matt A. Crapo. by Immigration Reform Law Institute. (Attachments: # (1) Brief of Immigration Reform Law Institute as Amicus Curiae in Opposition to Plaintiff's motion for preliminary injunction, # (2) Proposed Order)(Crapo, Matt)

1 Brief of Immigration Reform Law Institute as Amicus Curiae in Opposition to Plai

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2 Proposed Order

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32 Aug. 15, 2023

NOTICE of Survey by the International Boundary and Water Commission by United States of America. (Attachments: # (1) Exhibit Supplemental Declaration of Jennifer T. Pena)(Knudsen, Andrew)

1 Exhibit Supplemental Declaration of Jennifer T. Pena

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33 Aug. 15, 2023

Memorandum of Law in Opposition to Motion, filed by Immigration Reform Law Institute as Amicus Curiae, re [5] MOTION for Preliminary Injunction filed by Plaintiff United States of America. (jv2)

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34 Aug. 15, 2023

ORDER GRANTING [29] Motion to Appear Pro Hac Vice for Attorney Matt A. Crapo for Immigration Reform Law Institute. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge David A. Ezra. (jv2)

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35 Aug. 15, 2023

Unopposed MOTION for Leave to Exceed Page Limitation by United States of America.. (Attachments: # (1) Proposed Order)(Kimball, Kimere)

1 Proposed Order

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Aug. 15, 2023

Text Order GRANTING 31 Unopposed Motion for Leave to File Amicus Brief. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (arlc)

36 Aug. 16, 2023

NOTICE of Attorney Appearance by Ari Cuenin on behalf of Greg Abbott, The State of Texas . Attorney Ari Cuenin added to party Greg Abbott(pty:dft), Attorney Ari Cuenin added to party The State of Texas (pty:dft) (Cuenin, Ari)

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37 Aug. 16, 2023

REPLY to Response to Motion, filed by United States of America., re [5] Opposed MOTION for Preliminary Injunction filed by Plaintiff United States of America. (Attachments: # (1) Attachment 11, # (2) Attachment 12, # (3) Attachment 13, # (4) Attachment 14, # (5) Attachment 15: Shelnutt Decl & Exhibits, # (6) Attachment 16, # (7) Attachment 17, # (8) Attachment 18, # (9) Attachment 19: Quam Decl & Exhibit)(Lynk, Brian)

1 Attachment 11

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2 Attachment 12

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4 Attachment 14

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5 Attachment 15: Shelnutt Decl & Exhibits

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6 Attachment 16

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7 Attachment 17

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8 Attachment 18

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9 Attachment 19: Quam Decl & Exhibit

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Aug. 16, 2023

Text Order GRANTING 35 Unopposed Motion for Leave to File Excess Pages. Plaintiff, the United States, may file a reply in support of its motion for a preliminary injunction up to and including 13 pages. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (arlc)

38 Aug. 18, 2023

ORDER RESETTING PRELIMINARY INJUNCTION HEARING. Hearing RESET for 8/22/2023 at 09:00 AM before Judge David A. Ezra. Signed by Judge David A. Ezra. (jv2)

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39 Aug. 18, 2023

NOTICE of New Facts by United States of America. (Attachments: # (1) Declaration of Evelio Siller)(Lynk, Brian)

1 Declaration of Evelio Siller

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40 Aug. 19, 2023

Unopposed MOTION for Leave to File Surreply by Greg Abbott, The State of Texas. (Attachments: # (1) Brief Surreply, # (2) Proposed Order)(Al-Fuhaid, Munera)

1 Brief Surreply

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2 Proposed Order

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41 Aug. 20, 2023

Sur-reply to Motion, filed by Greg Abbott, The State of Texas, re [5] Opposed MOTION for Preliminary Injunction filed by Plaintiff United States of America. (jv2)

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Aug. 20, 2023

Text Order GRANTING 40 Defendants' Unopposed Motion for Leave to File Surreply. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.)

42 Aug. 21, 2023

NOTICE of Filing Witness & Exhibit List by United States of America. (Attachments: # (1) Exhibit Witness List, # (2) Exhibit Exhibit List)(Kimball, Kimere)

1 Exhibit Witness List

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2 Exhibit Exhibit List

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43 Aug. 21, 2023

NOTICE of Filing Notice of Filing Witness List and Exhibit List by Greg Abbott, The State of Texas (Attachments: # (1) Exhibit Witness List, # (2) Exhibit Exhibit List)(Al-Fuhaid, Munera)

1 Exhibit Witness List

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44 Aug. 22, 2023

NOTICE of Attorney Appearance by Mary F. Kruger on behalf of United States of America.. Attorney Mary F. Kruger added to party United States of America.(pty:pla) (Kruger, Mary)

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47 Aug. 22, 2023

Minute Entry for proceedings held before Judge David A. Ezra: Hearing held on 8/22/2023 re [5] Opposed MOTION for Preliminary Injunction filed by United States of America. Motion taken under advisement. Written order forthcoming. (Minute entry documents are not available electronically.). (Court Reporter Angela Hailey.)(jv2)

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49 Aug. 22, 2023

EXHIBITS for Preliminary Injunction Hearing held 08/22/2023 before Judge David A. Ezra. (Attachments: # (1) Plaintiff's Exhibits, # (2) Defendants' Exhibits)(jv2) Modified on 9/3/2023 (Defts' Audio/Video Exhibit 18 is unable to be uploaded to CM and has been preserved in the courts archive.) (klw).

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45 Aug. 25, 2023

BRIEF Closing Argument regarding [5] Opposed MOTION for Preliminary Injunction by United States of America.. (Lynk, Brian)

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46 Aug. 25, 2023

BRIEF Motion for Preliminary Injunction Hearing Closing Argument by Greg Abbott, The State of Texas. (Al-Fuhaid, Munera)

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48 Aug. 30, 2023

Witness List for Preliminary Injunction held 08/22/2023 before Judge David A. Ezra. (jv2)

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50 Sept. 6, 2023

VACATED PURSUANT TO [224] USCA ORDER, dated 09/23/2024 and [226] ORDER, dated 09/26/2024 GRANTING [5] Plaintiff's Motion for Preliminary Injunction. Signed by Judge David A. Ezra. (jv2) Modified docket text pursuant to USCA's and District Court's Orders on 9/26/2024 (pg).

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51 Sept. 6, 2023

Appeal of Order entered by District Judge [50] by Greg Abbott, The State of Texas. No filing fee submitted (Cuenin, Ari)

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52 Sept. 6, 2023

Payment of USCA Appeal Fee received $ 505 receipt number ATXWDC-17851480 (Cuenin, Ari)

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Sept. 6, 2023

NOTICE OF INTERLOCUTORY APPEAL as to 50 Order Granting Motion for Preliminary Injunction by Greg Abbott, The State of Texas. Filing fee $ 505 NOT PAID. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (jv2)

Sept. 6, 2023

Payment of USCA Appeal Fee

53 Sept. 7, 2023

ORDER of USCA that Appellants motion for administrative stay of the order of the Western District of Texas, Austin Division dated September 6, 2023, is GRANTED pending further order of the Court.(klw)

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55 Sept. 11, 2023

ORDER of USCA (certified copy) that Appellants opposed emergency motion tostay the district courts preliminary injunction pending appeal is CARRIEDWITH THE CASE. The case is EXPEDITED to the next available oral argument calendar. The stay entered by this Court on September 7, 2023, will remain in effect and preserve the status quo pending further order of the oral argument panel. (klw)

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54 Sept. 12, 2023

TRANSCRIPT REQUEST by Greg Abbott, The State of Texas for dates of 8/22/23. Proceedings Transcribed: Preliminary Injunction Hearing. Court Reporter: Angela Hailey.. (Walters, Ryan)

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Sept. 12, 2023

Certification of the Electronic Record on Appeal has been accepted by the 5th Circuit re Notice of Appeal - Interlocutory. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions here (klw)

56 Sept. 19, 2023

Transcript filed of Proceedings held on 8/22/23, Proceedings Transcribed: Preliminary Injunction Hearing. Court Reporter/Transcriber: Angela Hailey, Telephone number: 210.244.5048. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/10/2023, Redacted Transcript Deadline set for 10/20/2023, Release of Transcript Restriction set for 12/18/2023, Appeal Record due by 10/4/2023, (Hailey, Angela)

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57 Sept. 19, 2023

NOTICE of Second Survey by the International Boundary and Water Commission by United States of America. (Attachments: # (1) Exhibit Declaration of Jennifer T. Pena)(Knudsen, Andrew)

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58 Sept. 28, 2023

Consent MOTION for Leave to File Amended Complaint by United States of America.. (Attachments: # (1) Exhibit First Amended Complaint, # (2) Exhibit Redline of First Amended Complaint, # (3) Proposed Order)(Knudsen, Andrew)

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2 Exhibit Redline of First Amended Complaint

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3 Proposed Order

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59 Oct. 23, 2023

ORDER GRANTING [58] Plaintiffs' Consent Motion for Leave to Amend Complaint. Signed by Judge David A. Ezra. (jv2)

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60 Oct. 23, 2023

FIRST AMENDED COMPLAINT against Greg Abbott, The State of Texas, filed by United States of America..(jv2)

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61 Dec. 4, 2023

NOTICE of Attorney Appearance by Jacob Edward Przada on behalf of The State of Texas . Attorney Jacob Edward Przada added to party The State of Texas (pty:dft) (Przada, Jacob)

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62 Dec. 6, 2023

Motion to Dismiss for Failure to State a Claim in the First Amended Complaint by Greg Abbott, The State of Texas. (Attachments: # (1) Proposed Order)(Walters, Ryan)

1 Proposed Order

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63 Dec. 20, 2023

Memorandum in Opposition to Motion, filed by United States of America., re [62] Motion to Dismiss for Failure to State a Claim in the First Amended Complaint filed by Defendant The State of Texas, Defendant Greg Abbott (Lynk, Brian)

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64 Dec. 21, 2023

Unopposed MOTION for Extension of Time to File Response/Reply as to [62] Motion to Dismiss for Failure to State a Claim in the First Amended Complaint by Greg Abbott, The State of Texas. (Attachments: # (1) Proposed Order Granting Extension)(Bryant, Monroe)

1 Proposed Order Granting Extension

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Dec. 27, 2023

Text Order GRANTING 64 Unopposed Motion for Extension of Time to File. (Dkt. 64.) Defendants Reply in Support of their Motion to Dismiss is due on or before January 10, 2024. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kj)

Dec. 27, 2023

Text Order GRANTING 64 Unopposed Motion for Extension of Time to File. (Dkt. # 64.) Defendants Reply in Support of their Motion to Dismiss is due on or before January 10, 2024. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kj)

65 Jan. 10, 2024

REPLY to Response to Motion, filed by Greg Abbott, The State of Texas, re [62] Motion to Dismiss for Failure to State a Claim in the First Amended Complaint filed by Defendant The State of Texas, Defendant Greg Abbott (Walters, Ryan)

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66 Jan. 17, 2024

***DOCUMENT HAS BEEN WITHDRAWN/STRICKEN PURSUANT TO GAVEL ORDER DATED 1/23/2024*** MOTION to Set New Deadline for Compliance with Paragraph 2 of Preliminary Injunction re [50] Order on Motion for Preliminary Injunction by United States of America.. (Attachments: # (1) Attachment 1, # (2) Proposed Order)(Lynk, Brian) Modified on 2/1/2024 (jv2).

1 Attachment 1

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2 Proposed Order

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67 Jan. 18, 2024

ORDER setting Status Conference for 1/19/2024 11:00 AM before Judge David A. Ezra. All local counsel is ordered to appear in person. Counsel out of state is encouraged to attend in person. However, may appear via telephone. Signed by Judge David A. Ezra. (klw)

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68 Jan. 18, 2024

MOTION to Withdraw as Attorney by United States of America.. (Attachments: # (1) Proposed Order Withdraw as Counsel)(Wade, Landon)

1 Proposed Order Withdraw as Counsel

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72 Jan. 19, 2024

Minute Entry for proceedings held before Judge David A. Ezra: Status Conference held on 1/19/2024 (Minute entry documents are not available electronically.) (Court Reporter Angela Hailey.)(jv2)

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73 Jan. 19, 2024

ORDER SETTING BENCH TRIAL AND RELATED DEADLINES. Bench Trial set for 3/19/2024 at 09:00 AM before Judge David A. Ezra. Signed by Judge David A. Ezra. (jv2)

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69 Jan. 21, 2024

Transcript filed of Proceedings held on 1/19/24, Proceedings Transcribed: Status Conference. Court Reporter/Transcriber: Angela Hailey, Telephone number: 210.244.5048. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 2/12/2024, Redacted Transcript Deadline set for 2/21/2024, Release of Transcript Restriction set for 4/22/2024, Appeal Record due by 2/5/2024, (Hailey, Angela)

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70 Jan. 22, 2024

NOTICE of Withdrawal of Motion by United States of America. re [66] MOTION to Set New Deadline for Compliance with Paragraph 2 of Preliminary Injunction re [50] Order on Motion for Preliminary Injunction (Attachments: # (1) Attachment 1: 5th Circuit en banc order)(Lynk, Brian)

1 Attachment 1: 5th Circuit en banc order

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71 Jan. 22, 2024

Opposed MOTION to Stay Proceedings by Greg Abbott, The State of Texas. (Attachments: # (1) Proposed Order)(Walters, Ryan)

1 Proposed Order

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74 Jan. 23, 2024

Memorandum in Opposition to Motion, filed by United States of America., re [71] Opposed MOTION to Stay Proceedings filed by Defendant The State of Texas, Defendant Greg Abbott (Attachments: # (1) Attachment 1: Jan. 19, 2024 Transcript Excerpt)(Lynk, Brian)

1 Attachment 1: Jan. 19, 2024 Transcript Excerpt

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75 Jan. 23, 2024

ORDER. Signed by Judge David A. Ezra. (jv2)

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Jan. 23, 2024

Text Order GRANTING 68 Motion to Withdraw as Attorney. (Dkt. 68.) Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kj)

Jan. 23, 2024

Text Order WITHDRAWING 66 Motion to Set a New Deadline (Dkt. 66.) in light of 70 Notice of Withdrawal of Motion to Set a New Deadline (Dkt. 70.). Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kj)

Jan. 23, 2024

Text Order GRANTING 68 Motion to Withdraw as Attorney. (Dkt. # 68.) Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kj)

Jan. 23, 2024

Text Order WITHDRAWING 66 Motion to Set a New Deadline (Dkt. #66.) in light of 70 Notice of Withdrawal of Motion to Set a New Deadline (Dkt. # 70.). Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kj)

76 Jan. 24, 2024

ORDER DENYING Defendants' Opposed [71] Motion to Stay. Signed by Judge David A. Ezra. (klw)

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77 Jan. 25, 2024

SUPPLEMENTAL ORDER REGARDING DEFENDANTS' OPPOSED MOTION TO STAY. Signed by Judge David A. Ezra. (jv2)

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Jan. 25, 2024

Order

79 Jan. 27, 2024

ORDER of USCA that Appellants opposed motion for a temporary administrative stay is GRANTED. (klw)

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78 Jan. 29, 2024

NOTICE of Attorney Appearance by Ryan G. Kercher on behalf of Greg Abbott, The State of Texas . Attorney Ryan G. Kercher added to party Greg Abbott(pty:dft), Attorney Ryan G. Kercher added to party The State of Texas (pty:dft) (Kercher, Ryan)

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80 Jan. 29, 2024

Unopposed MOTION to Withdraw as Attorney Ari Cuenin by Greg Abbott, The State of Texas. (Walters, Ryan)

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81 Jan. 29, 2024

Unopposed MOTION to Withdraw as Attorney Patrick Sweeten by Greg Abbott, The State of Texas. (Walters, Ryan)

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82 Jan. 29, 2024

ORDER of USCA GRANTING Appellants opposed motion for a stay of the district courts preliminary injunction pending Notice of Appeal - Interlocutory. ORDER that the Fifth Circuit's administrative stay previously issued on September 7, 2023, is VACATED. (klw)

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Case Details

State / Territory:

Texas

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 24, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

US Department of Justice

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Texas

Defendant Type(s):

Jurisdiction-wide

Case Details

Other Dockets:

Western District of Texas 1:23-cv-00853

U.S. Court of Appeals for the Fifth Circuit 23-50632

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Border police

Recommended Citation