Case: Kuang v. United States Department of Defense

4:18-cv-03698 | U.S. District Court for the Northern District of California

Filed Date: June 21, 2018

Closed Date: May 3, 2021

Clearinghouse coding complete

Case Summary

On June 21, 2018, plaintiffs—lawful permanent residents ("LPRs")—filed a class action complaint against the U.S. Department of Defense (“DOD”) in the Northern District of California. Represented by private counsel as well as the ACLU Foundations of Northern and Southern California, the plaintiffs alleged that a new DOD policy—promulgated via a memo on October 13—unfairly targeted LPRs and unlawfully prevented them from serving in the nation’s military. The DOD policy noted that LPRs could not b…

On June 21, 2018, plaintiffs—lawful permanent residents ("LPRs")—filed a class action complaint against the U.S. Department of Defense (“DOD”) in the Northern District of California. Represented by private counsel as well as the ACLU Foundations of Northern and Southern California, the plaintiffs alleged that a new DOD policy—promulgated via a memo on October 13—unfairly targeted LPRs and unlawfully prevented them from serving in the nation’s military. The DOD policy noted that LPRs could not be shipped to basic training, and thus serve in the military, until certain background investigations and related determinations about their suitability to serve were completed. Prior to the memorandum, both citizens and LPRs generally were eligible to begin active-duty service before their background screenings were completed as long as they had satisfied certain other screening requirements. Plaintiffs filed this suit on behalf of the following proposed class: 

“All individuals who: (i) are LPRs; (ii) have signed an enlistment contract with the U.S. military; and  (iii) pursuant to [new DOD policy], have not been permitted to enter into Active, Reserve or Guard Service pending the completion of their MSSD and NSD.”

First, the complaint alleged that the DOD policy facially discriminated against LPRs based on their alienage and thus violated plaintiffs’ right to equal protection under the Fifth Amendment. The complaint went on to allege that the policy violated substantive due process under the Fifth Amendment. Plaintiffs further alleged that the policy violated the Administrative Procedure Act (“APA”) for numerous reasons, including (a) the DOD’s failure to act by way of unlawfully withholding and/or unreasonably delaying the plaintiffs’ military service, (b) failure to undergo proper notice-and-comment rulemaking in promulgating the policy, and (c) violation of the clear intent and language of the Enlistment Statute that allow LPRs to enlist along with U.S. citizens. They, thus, sought declaratory, preliminary, and permanent injunctive relief to enjoin DOD from implementing the policy change, thereby permitting LPRs to be shipped to basic training on the same terms as U.S. citizen recruits. The case was assigned to Judge Jon S. Tigar. 

On July 19, 2018, the plaintiffs filed a motion for preliminary injunction, and subsequently filed a motion to certify the proposed class on August 1, 2018. In response, the defendants filed a motion to dismiss and opposition to the preliminary injunction on September 6, 2018. 

On November 16, the court denied the motion to dismiss and granted both the motion for class certification and preliminary injunction based on their APA arbitrary and capricious claim. 340 F.Supp.3d 873. In doing so, the defendants were enjoined from implementing the new DOD policy and were ordered to revert to their prior practice of “accessing” LPRs into the military on equal footing with their citizen counterparts. The court also certified the following class: 

“All persons who (i) are lawful permanent residents of the United States; (ii) have signed an enlistment contract with the U.S. military; and (iii) pursuant to Defendants’ October 13 memo, have not been permitted to begin initial entry training, commonly referred to as “boot camp,” pending completion of their MSSDs and NSDs.” 

In light of the court’s order, the defendants sought for the preliminary injunction to be stayed pending an appeal to the Ninth Circuit (USCA Case Number 18-17381). The district court ordered the motion to be held in abeyance on December 28 pending decision by the Ninth Circuit of a similar motion. On appeal, the Ninth Circuit denied DOD’s request for a stay on February 1, 2019. Thus, on February 20, 2019, the motion to stay the preliminary injunction was denied at the district court as well. 2019 WL 718632. 

Alongside this dispute to stay the preliminary injunction, the district court was also resolving a discovery dispute among the parties. On October 19, 2018, DOD initially produced the administrative record. However, the parties soon began to contest whether the plaintiffs were entitled to fact discovery beyond the administrative record. The plaintiffs argued that they were entitled to discovery on the merits of their constitutional claims as well as the equitable elements of a permanent injunction. On January 23, 2019, the court denied the request for extra discovery on the constitutional claims due to an insufficient basis for this request, but granted the request for discovery on the equitable elements of a permanent injunction due to the parties’ likelihood of advocating for a remedy that departed from the standard remedy of vacatur. 2019 WL 293379. 

In March of 2019, the defendants then filed a motion in district court to stay proceedings pending resolution of the appeal. This motion was granted on April 15. 2019 WL 1597495. 

Meanwhile, the appeal regarding the preliminary injunction order remained ongoing. Following briefings on the matter, oral arguments were held in June 2019. The Ninth Circuit then entered judgment in favor of DOD, reversing the district court’s order on July 2, 2019. The Appellate Court noted that the administrative record revealed at least two factual underpinnings for DOD’s decision to adjust the accession timeline for LPR recruits, and therefore was likely not arbitrary nor capricious. Thus, the Ninth Circuit vacated the preliminary injunction. The court further remanded the case with instructions to dismiss the arbitrary and capricious claim on grounds that internal military regulations are not amenable to judicial review without some preliminary scrutiny, a threshold which this policy did not surpass under the so-called Mindes doctrine. 778 Fed.Appx. 418.

Considering the appellate court’s judgment, the plaintiffs filed a petition for rehearing en banc, citing that the court’s application of Mindes would immunize from judicial review any form of discrimination by the military. Thus, the plaintiffs requested a rehearing on grounds that the court misapplied Mindes. However, the plaintiffs’ petition for rehearing was denied in November 2019, as no judge on the Ninth Circuit requested a vote on the matter. 

Shortly after the Ninth Circuit panel’s decision was issued, DOD issued a new policy in July 2019, the Expedited Screening Protocol (ESP), which implemented “uniform and consistent standards” for screening all enlistees regarding “allegiance, foreign preference, or foreign influence concerns.” DOD, thus, decided to  hold their October 13 policy “in abeyance” pending the results of a six-month review of the ESP. Thus, at the district court level, the parties requested that the case be stayed until February 14, 2020, at which time the parties proposed to submit a joint status report concerning the status of the ESP and the October 13 Policy. The district court granted this stipulation on December 6, 2019. 

In light of the denied rehearing on appeal, though, the petitioners soon sought to file a petition for writ of certiorari with the U.S. Supreme Court. After requesting an extension to file their petition in January 2020, the plaintiffs filed their petition on March 30, 2020. 

Given the pending Supreme Court decision on the petition and the new ESP policy, on May 8, 2020, the parties requested the district court to extend the stay of proceedings as it would avoid needless litigation. The court granted the extension on May 11. The case’s stay was subsequently extended again in August, October, and December of 2020, as well as February of 2021. 

On February 9, 2021, DOD informed the plaintiffs that it had completed its review of the ESP and determined that the ESP was effective and efficient for the security processing of military accessions, and formally rescinded the October 13 Policy. As the case was thus rendered moot by these developments, certiorari was also denied by the Supreme Court on April 26, 2021. 141 S.Ct. 2565.

Ultimately, in the Northern District of California, the parties then entered a stipulation to dismiss the case with prejudice in May of 2021. The case is now considered closed. 

 

Summary Authors

Kavitha Babu (3/15/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7242256/parties/kuang-v-united-states-department-of-defense/


Judge(s)
Attorney for Plaintiff

Ahmed, Sameer (California)

Attorney, Jennifer Lee

Attorney, Vasudha Talla,

Catalano, Matthew C (California)

Attorney for Defendant

Attorney, Thomas G.

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

4:18-cv-03698

Class Action Complaint and Prayer for Declaratory, Preliminary, and Permanent Injunctive, and Administrative Procedure Act Relief

Jiahao v. United States Department of Defense

June 21, 2018

June 21, 2018

Complaint
68

4:18-cv-03698

Order Granting Class Certification, Denying Motion to Dismiss, and Granting Preliminary Injunction

Nov. 16, 2018

Nov. 16, 2018

Order/Opinion

340 F.Supp.3d 873

21

18-17381

Order

U.S. Court of Appeals for the Ninth Circuit

Feb. 1, 2019

Feb. 1, 2019

Order/Opinion
42-1

18-17381

Memorandum

U.S. Court of Appeals for the Ninth Circuit

July 2, 2019

July 2, 2019

Order/Opinion

778 Fed.Appx. 418

145

4:18-cv-03698

Stipulation of Dismissal

May 3, 2021

May 3, 2021

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7242256/kuang-v-united-states-department-of-defense/

Last updated April 21, 2025, 11:26 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT and Prayer for Declaratory, Preliminary and Permanent Injunctive, and Administrative Procedure Act Relief against James Mattis & United States Department of Defense, (Filing Fee: $400.00, receipt number 0971-12453884). Filed by Jiahao Kuang & Deron Cooke. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Civil Cover Sheet)(Wald, Peter) (Filed on 6/21/2018) (Entered: 06/21/2018)

1 Exhibit A

View on RECAP

2 Exhibit B

View on PACER

3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

8 Civil Cover Sheet

View on PACER

June 21, 2018

June 21, 2018

Clearinghouse
2

NOTICE of Appearance by Peter Allen Wald on behalf of Plaintiffs Jiahao Kuang and Deron Cooke (Wald, Peter) (Filed on 6/21/2018) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
3

NOTICE of Appearance by Colleen Carlton Smith on behalf of Plaintiffs Jiahao Kuang and Deron Cooke (Smith, Colleen) (Filed on 6/21/2018) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
4

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12454039.) filed by Deron Cooke, Jiahao Kuang. (Fitzpatrick, Megan) (Filed on 6/21/2018) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
5

Certificate of Interested Entities by Deron Cooke, Jiahao Kuang (Wald, Peter) (Filed on 6/21/2018) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
6

Proposed Summons. (Wald, Peter) (Filed on 6/21/2018) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
7

Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/5/2018. (haS, COURT STAFF) (Filed on 6/21/2018) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
8

Order by Magistrate Judge Laurel Beeler granting 4 Motion for Pro Hac Vice. Attorney Megan C. Fitzpatrick representing Plaintiffs. (ejkS, COURT STAFF) (Filed on 6/22/2018) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
9

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/13/2018. Initial Case Management Conference set for 9/20/2018 11:00 AM in San Francisco, Courtroom C, 15th Floor. (fabS, COURT STAFF) (Filed on 6/22/2018) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
10

Summons Issued as to James Mattis, United States Department of Defense, U.S. Attorney and U.S. Attorney General (fabS, COURT STAFF) (Filed on 6/22/2018) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
11

NOTICE of Appearance by Sameer Ahmed on behalf of Plaintiffs Jiahao Kuang and Deron Cooke (Ahmed, Sameer) (Filed on 6/27/2018) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
12

NOTICE of Appearance by Michael Bryan Kaufman on behalf of Plaintiffs Jiahao Kuang and Deron Cooke (Kaufman, Michael) (Filed on 6/27/2018) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
13

NOTICE of Appearance by Jennifer Lee Pasquarella on behalf of Plaintiffs Jiahao Kuang and Deron Cooke (Pasquarella, Jennifer) (Filed on 6/27/2018) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
14

NOTICE of Appearance by Christine Patricia Sun on behalf of Plaintiffs Jiahao Kuang and Deron Cooke (Sun, Christine) (Filed on 6/27/2018) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
15

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Deron Cooke, Jiahao Kuang.. (Fitzpatrick, Megan) (Filed on 6/28/2018) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
16

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejkS, COURT STAFF) (Filed on 6/29/2018) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
17

ORDER REASSIGNING CASE. Case Reassigned to Judge Jon S. Tigar. Magistrate Judge Laurel Beeler no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 7/2/18. (Attachments: # 1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 7/2/2018) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
18

CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 10/15/2018. Initial Case Management Conference set for 10/24/2018 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor. (Attachments: # 1 Standing Order, # 2 Standing Order for All Judges of the Northern District) (wsn, COURT STAFF) (Filed on 7/3/2018) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
19

SUMMONS Returned Executed by Jiahao Kuang, Deron Cooke. United States Department of Defense served on 6/25/2018, answer due 8/24/2018. (Wald, Peter) (Filed on 7/3/2018) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
20

SUMMONS Returned Executed by Jiahao Kuang, Deron Cooke. James Mattis served on 6/25/2018, answer due 8/24/2018. (Wald, Peter) (Filed on 7/3/2018) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
21

NOTICE OF MOTION & MOTION for Preliminary Injunction; Memorandum of Points & Authorities in Support Thereof filed by Deron Cooke, Jiahao Kuang. Motion Hearing set for 10/25/2018 02:00 PM in San Francisco, Courtroom 09, 19th Floor before Judge Jon S. Tigar. Responses due by 8/2/2018. Replies due by 8/9/2018. (Attachments: # 1 Proposed Order)(Wald, Peter) (Filed on 7/19/2018) (Entered: 07/19/2018)

1 Proposed Order

View on PACER

July 19, 2018

July 19, 2018

RECAP
22

Declaration of Peter A. Wald in Support of 21 MOTION for Preliminary Injunction filed by Deron Cooke, Jiahao Kuang. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Related document(s) 21 ) (Wald, Peter) (Filed on 7/19/2018) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
23

Declaration of Eric K. Fanning in Support of 21 MOTION for Preliminary Injunction filed by Deron Cooke, Jiahao Kuang. (Related document(s) 21 ) (Wald, Peter) (Filed on 7/19/2018) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
24

Declaration of Jiahao Kuang in Support of 21 MOTION for Preliminary Injunction filed byDeron Cooke, Jiahao Kuang. (Attachments: # 1 Exhibit(Related document(s)(21) (Wald, Peter) (Filed on 7/19/2018).Modified on 7/24/2018 (tnS, COURT STAFF). (Attachment 1 replaced on 8/3/2018) (fff, COURT STAFF). (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
25

Declaration of Deron Cooke in Support of 21 MOTION for Preliminary Injunction filed byDeron Cooke, Jiahao Kuang. (Attachments: #(1) Exhibit 1, #(2) Exhibit 2)(Related document(s) 21 ) (Wald, Peter) (Filed on 7/19/2018)..Modified on 7/24/2018 (tnS, COURT STAFF). (Attachment 1 replaced on 8/3/2018) (fff, COURT STAFF). (Attachment 2 replaced on 8/3/2018) (fff, COURT STAFF). (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
26

Declaration of Mark Berkman in Support of 21 MOTION for Preliminary Injunction filed byDeron Cooke, Jiahao Kuang. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Related document(s) 21 ) (Wald, Peter) (Filed on 7/19/2018) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
27

EXHIBITS re 24 Declaration in Support (Exhibit 1 to Declaration of Jiahao Kuang in Support of Plaintiffs' Motion for Preliminary Injunction - [Corrected]) filed by Deron Cooke, Jiahao Kuang. (Attachments: #(1) Exhibit 1 [Corrected])(Related document(s) 24 ) (Wald, Peter) (Filed on 7/20/2018) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
28

EXHIBITS re 25 Declaration in Support (Exhibits 1 and 2 to the Declaration of Deron Cooke in Support of Plaintiffs' Motion for Preliminary Injunction - [Corrected]) filed by Deron Cooke, Jiahao Kuang. (Attachments: #(1) Exhibit 1 [Corrected], #(2) Exhibit 2 [Corrected])(Related document(s) 25 ) (Wald, Peter) (Filed on 7/20/2018) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
29

NOTICE of Appearance by Stuart Justin Robinson (Robinson, Stuart) (Filed on 7/23/2018) (Entered: 07/23/2018)

July 23, 2018

July 23, 2018

PACER
30

ADMINISTRATIVE MOTION to Remove Exhibit 1 to the 24 Declaration of Jiahao Kuang and Exhibits 1 and 2 to the 25 Declaration of Deron Cooke from the Docket filed by Deron Cooke, Jiahao Kuang. Responses due by 7/30/2018. (Attachments: # 1 Declaration of Peter A. Wald, # 2 Proposed Order)(Wald, Peter) (Filed on 7/26/2018) (Entered: 07/26/2018)

July 26, 2018

July 26, 2018

PACER
31

NOTICE OF MOTION & MOTION for Class Certification and Appointment of Class Counsel; Memorandum of Points & Authorities in Support Thereof filed by Deron Cooke, Jiahao Kuang. Motion Hearing set for 10/25/2018 02:00 PM in San Francisco, Courtroom 09, 19th Floor before Judge Jon S. Tigar. Responses due by 8/15/2018. Replies due by 8/22/2018. (Attachments: #(1) [Proposed] Order)(Wald, Peter) (Filed on 8/1/2018) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
32

Declaration of Peter A. Wald in Support of 31 MOTION for Class Certification and for Appointment of Class Counsel filed by Deron Cooke, Jiahao Kuang. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Related document(s) 31 ) (Wald, Peter) (Filed on 8/1/2018) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
33

Declaration of Sameer Ahmed in Support of 31 MOTION for Class Certification and for Appointment of Class Counsel filed by Deron Cooke, Jiahao Kuang. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Related document(s) 31 ) (Wald, Peter) (Filed on 8/1/2018) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
34

STIPULATION AND [PROPOSED] ORDER to Change Time and Amend Page Limits filed by Deron Cooke, Jiahao Kuang. (Attachments: # 1 Declaration of Peter A. Wald)(Wald, Peter) (Filed on 8/1/2018) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
35

ORDER by Judge Jon S. Tigar granting 30 Administrative Motion Remove Exhibit 1 to the 24 Declaration of Jiahao Kuang and Exhibits 1 and 2 to the 25 Declaration of Deron Cooke. (wsn, COURT STAFF) (Filed on 8/2/2018) (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

PACER
36

STIPULATION AND ORDER to Change Time and Amend Page limits signed by Judge Jon S. Tigar re 34 Stipulation: Motion to Dismiss due by 9/6/2018. Replies due by 10/2/2018. Responses due by 9/6/2018. Motions Hearing set for 11/8/2018 at 2:00 PM in San Francisco, Courtroom 09, 19th Floor before Judge Jon S. Tigar. (tnS, COURT STAFF) (Filed on 8/6/2018) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER

Set/Reset Deadlines as to 21 MOTION for Preliminary Injunction. Responses due by 9/6/2018. Replies due by 10/2/2018. Motion Hearing set for 11/8/2018 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor before Judge Jon S. Tigar. (wsn, COURT STAFF) (Filed on 8/6/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
37

CLERK'S NOTICE Continuing Motion Hearing as to 31 MOTION to Certify Class and Appoint Class Counsel. The Motion Hearing previously set for 10/25/2018 is continued to 11/8/2018 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor before Judge Jon S. Tigar. The briefing schedule is unchanged. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wsn, COURT STAFF) (Filed on 8/6/2018) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
38

CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 10/24/2018 is continued to 1/16/2019 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor. A Joint Case Management Statement is due 1/7/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wsn, COURT STAFF) (Filed on 8/10/2018) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
39

NOTICE of Appearance by Nathan M Swinton (Swinton, Nathan) (Filed on 8/16/2018) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
40

STIPULATION WITH [PROPOSED] ORDER Requesting Extension of Time, Nunc Pro Tunc, for Defendants to Respond to Plaintiffs' Motion for Class Certification filed by James Mattis, United States Department of Defense. (Attachments: # 1 Exhibit Notice of Defendants' Non-Opposition to Plaintiffs' Motion for Class Certification)(Swinton, Nathan) (Filed on 8/16/2018) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
41

STIPULATION AND ORDER re 40 STIPULATION WITH [PROPOSED] ORDER Requesting Extension of Time, Nunc Pro Tunc, for Defendants to Respond to Plaintiffs' Motion for Class Certification filed by James Mattis, United States Department of Defense. Signed by Judge Jon S. Tigar on August 20, 2018. (wsn, COURT STAFF) (Filed on 8/20/2018) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

RECAP
42

MOTION to Dismiss and Opposition to Plaintiffs Motion for Preliminary Injunction filed by James Mattis, United States Department of Defense. Motion Hearing set for 11/8/2018 02:00 PM in San Francisco, Courtroom 09, 19th Floor before Judge Jon S. Tigar. Responses due by 10/2/2018. Replies due by 10/11/2018. (Attachments: # 1 Exhibit A - Declaration of Roger A. Smith, # 2 Proposed Order)(Robinson, Stuart) (Filed on 9/6/2018) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

PACER
43

FILED IN ERROR. SEE DKT. NO. 46 OPPOSITION/RESPONSE (re 42 MOTION to Dismiss and Opposition to Plaintiffs Motion for Preliminary Injunction ) and Reply in Support of 21 Plaintiffs' Motion for Preliminary Injunction filed byDeron Cooke, Jiahao Kuang. (Wald, Peter) (Filed on 10/2/2018) Modified on 10/3/2018 (wsn, COURT STAFF). (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

PACER
44

Joint Discovery Letter Brief - (Joint Statement Regarding Discovery) filed by Deron Cooke, Jiahao Kuang. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Wald, Peter) (Filed on 10/2/2018) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

PACER
45

SEE CORRECTED FILING AT DKT. NO. 46 OPPOSITION/RESPONSE (re 42 MOTION to Dismiss and Opposition to Plaintiffs Motion for Preliminary Injunction ) and Reply in Support of 21 Plaintiffs' Motion for Preliminary Injunction (Corrected re 43 Plaintiffs' Opposition to Defendants' Motion to Dismiss and Reply in Support of Plaintiffs' Motion for Preliminary Injunction) filed byDeron Cooke, Jiahao Kuang. (Wald, Peter) (Filed on 10/2/2018) Modified on 10/3/2018 (wsn, COURT STAFF). (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

PACER
46

OPPOSITION/RESPONSE to (re 42 MOTION to Dismiss, and Opposition to Plaintiffs' Motion for Preliminary Injunction), and Reply in Support of 21 Plaintiffs' Motion for Preliminary Injunction (Corrected Table of Contents) filed by Deron Cooke, Jiahao Kuang. (Wald, Peter) (Filed on 10/3/2018)Correction of Dkt. No. 45. Modified on 10/3/2018 (wsn, COURT STAFF). (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

PACER
47

CLERK'S NOTICE SETTING TELEPHONIC CASE MANAGEMENT CONFERENCE. The Court will conduct a Telephone Conference 10/12/2018 at 4:00 PM. Not less than 24 hours before the conference, the parties are to email to the Courtroom Deputy Clerk (jstcrd@cand.uscourts.gov) one telephone number where all attorneys appearing can be reached. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wsn, COURT STAFF) (Filed on 10/10/2018) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

PACER
48

CLERK'S NOTICE REGARDING TELEPHONIC CONFERENCE. At the hearing set for 10/12/2018 at 4:00 PM, the Court will conduct a hearing regarding the parties' 44 Joint Discovery Letter Brief - (Joint Statement Regarding Discovery). (This is a text-only entry generated by the court. There is no document associated with this entry.) (wsn, COURT STAFF) (Filed on 10/10/2018) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

PACER
49

MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12754173.) filed by Deron Cooke, Jiahao Kuang. (Attachments: # 1 Certificate of Good Standing)(Dahl, Caitlin) (Filed on 10/11/2018) Modified on 10/12/2018 (aaaS, COURT STAFF). (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
50

STIPULATION WITH PROPOSED ORDER to Reschedule Telephonic Case Management Conference Hearing filed by Deron Cooke, Jiahao Kuang. (Wald, Peter) (Filed on 10/11/2018) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
51

STIPULATION AND ORDER re 50 STIPULATION WITH PROPOSED ORDER to Reschedule Telephonic Case Management Conference Hearing filed by Jiahao Kuang, Deron Cooke. Telephone Conference set for 10/15/2018 at 2:30 PM before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on October 11, 2018. (wsn, COURT STAFF) (Filed on 10/11/2018) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

RECAP
52

REPLY (re 42 MOTION to Dismiss and Opposition to Plaintiffs Motion for Preliminary Injunction ) filed byJames Mattis, United States Department of Defense. (Robinson, Stuart) (Filed on 10/11/2018) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
53

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY CAITLIN E. DAHL PRO HAC VICE by Judge Jon S. Tigar; granting 49 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 10/12/2018) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
54

Minute Entry for proceedings held before Judge Jon S. Tigar: Telephone Conference re 44 Joint Discovery Letter Brief held on 10/15/2018. Total Time in Court: 24 minutes. Court Reporter: Jo Ann Bryce. (wsn, COURT STAFF) (Date Filed: 10/15/2018) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
55

JOINT STIPULATION WITH [PROPOSED] ORDER on Production Deadline, Briefing Schedule, and [Proposed] Hearing Date filed by Deron Cooke, Jiahao Kuang. (Wald, Peter) (Filed on 10/16/2018) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
56

STIPULATION AND ORDER re 55 STIPULATION WITH [PROPOSED] ORDER on Production Deadline, Briefing Schedule, and [Proposed] Hearing Date filed by Jiahao Kuang, Deron Cooke. Signed by Judge Jon S. Tigar on October 17, 2018. Deadline for Defendants to produce the administrative record: 10/19/2018. Plaintiffs' supplemental brief due 10/26/2018. Defendants' response due 11/2/2018. (wsn, COURT STAFF) (Filed on 10/17/2018) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

RECAP

Set/Reset Deadlines as to 31 MOTION to Certify Class and Appoint Class Counsel, 42 MOTION to Dismiss and Opposition to Plaintiffs Motion for Preliminary Injunction, 21 MOTION for Preliminary Injunction . Motion Hearing set for 11/15/2018 at 9:30 AM in San Francisco, Courtroom 9, 19th Floor before Judge Jon S. Tigar. (wsn, COURT STAFF) (Filed on 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
57

NOTICE filed by James Mattis, United States Department of Defense of ADMINISTRATIVE RECORD (Robinson, Stuart) (Filed on 10/19/2018) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER
58

TRANSCRIPT ORDER for proceedings held on 10/15/2018 before Judge Jon S. Tigar by Deron Cooke, Jiahao Kuang, for Court Reporter Jo Ann Bryce. (Wald, Peter) (Filed on 10/22/2018) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

PACER
59

MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-12786851) filed by Deron Cooke, Jiahao Kuang. (Attachments: #(1) Certificate of Good Standing)(Mendez, Sophia) (Filed on 10/23/2018) (Entered: 10/23/2018)

Oct. 23, 2018

Oct. 23, 2018

PACER
60

MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-12786882) filed by Deron Cooke, Jiahao Kuang. (Attachments: #(1) Certificate of Good Standing)(Catalano, Matthew) (Filed on 10/23/2018) (Entered: 10/23/2018)

Oct. 23, 2018

Oct. 23, 2018

PACER
61

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY SOPHIA L. MENDEZ PRO HAC VICE by Judge Jon S. Tigar; granting 59 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 10/24/2018) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

PACER
62

Transcript of Proceedings held on 10/15/18, before Judge Jon S. Tigar. Court Reporter Jo Ann Bryce, telephone number 510-910-5888, joann_bryce@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction after 90 days. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 58 Transcript Order ) Release of Transcript Restriction set for 1/22/2019. (Related documents(s) 58 ) (jabS, COURTSTAFF) (Filed on 10/24/2018) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

PACER
63

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY MATTHEW C. CATALANO PRO HAC VICE by Judge Jon S. Tigar; granting 60 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 10/24/2018) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

PACER
64

Supplemental Brief Regarding 57 Notice of Administrative Record, 44 Joint Discovery Letter Brief, and 21 Motion for Preliminary Injunction filed by Deron Cooke, Jiahao Kuang. (Wald, Peter) (Filed on 10/26/2018) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
65

RESPONSE to re 64 Plaintiffs' Supplemental Brief filed by James Mattis, United States Department of Defense. (Robinson, Stuart) (Filed on 11/2/2018) (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

PACER
66

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byDeron Cooke, Jiahao Kuang. (Attachments: # 1 Exhibit A)(Wald, Peter) (Filed on 11/12/2018) (Entered: 11/12/2018)

Nov. 12, 2018

Nov. 12, 2018

PACER
67

Minute Entry for proceedings held before Judge Jon S. Tigar: Motion Hearing held on 11/15/2018 re 21 MOTION for Preliminary Injunction filed by Jiahao Kuang, Deron Cooke, 31 MOTION to Certify Class and Appoint Class Counsel filed by Jiahao Kuang, Deron Cooke, 42 MOTION to Dismiss and Opposition to Plaintiffs Motion for Preliminary Injunction filed by James Mattis, United States Department of Defense. Total Time in Court: 1 hour, 45 minutes. Court Reporter: Katherine Sullivan. (wsn, COURT STAFF) (Date Filed: 11/15/2018) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
68

ORDER GRANTING CLASS CERTIFICATION, DENYING MOTION TO DISMISS, AND GRANTING PRELIMINARY INJUNCTION by Judge Jon S. Tigar denying 42 Motion to Dismiss; granting 21 Motion for Preliminary Injunction; granting 31 Motion to Certify Class. (wsn, COURT STAFF) (Filed on 11/16/2018) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

Clearinghouse
69

ANSWER to Plaintiffs' Complaint filed by James Mattis, United States Department of Defense. (Robinson, Stuart) (Filed on 11/30/2018) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER
70

ORDER by Judge Jon S. Tigar denying 44 Discovery Letter Brief. For the reasons stated in the Court's prior order, ECF No. 68 at 47-48, Plaintiffs' motion to strike is denied. The Court considers the Smith Declaration for the limited purpose set forth in the order. See id. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jstlc1S, COURT STAFF) (Filed on 12/3/2018) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
71

MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-12906454) filed by Deron Cooke, Jiahao Kuang. (Attachments: #(1) Certificate of Good Standing)(Swibel, Eric) (Filed on 12/6/2018) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
72

ORDER by Judge Jon S. Tigar granting 71 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 12/7/2018) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
73

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by James Mattis, United States Department of Defense - (Appeal Fee: FEE WAIVED) (Robinson, Stuart) (Filed on 12/14/2018) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
74

NOTICE OF MOTION AND MOTION to Stay Preliminary Injunction Pending Appeal and MOTION for Clarification, and Memorandum in Support filed by James Mattis, United States Department of Defense. Motion Hearing set for 1/24/2019 02:00 PM in San Francisco, Courtroom 09, 19th Floor before Judge Jon S. Tigar. Responses due by 12/28/2018. Replies due by 1/4/2019. (Attachments: #(1) Declaration of Stephanie P. Miller, #(2) [Proposed] Order)(Robinson, Stuart) (Filed on 12/14/2018) STAFF). (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
75

MOTION to Shorten Time re 74 MOTION to Stay Preliminary Injunction Pending Appeal filed by James Mattis, United States Department of Defense. (Attachments: # 1 Declaration of Stuart J. Robinson, #(2) [Proposed] Order)(Robinson, Stuart) (Filed on 12/17/2018) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

PACER
76

ORDER RE: MOTION TO SHORTEN TIME re 75 MOTION to Shorten Time filed by James Mattis, United States Department of Defense. Signed by Judge Jon S. Tigar on December 18, 2018. (wsn, COURT STAFF) (Filed on 12/18/2018) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER

Set/Reset Deadlines as to 75 MOTION to Shorten Time. Responses due by 12/19/2018. (wsn, COURT STAFF) (Filed on 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER
77

OPPOSITION/RESPONSE to (re 75 MOTION to Shorten Time) filed by Deron Cooke, Jiahao Kuang. (Attachments: #(1) Declaration of Peter A. Wald)(Wald, Peter) (Filed on 12/19/2018) (Entered: 12/19/2018)

Dec. 19, 2018

Dec. 19, 2018

PACER
78

TRANSCRIPT ORDER for proceedings held on 11/15/2018 before Judge Jon S. Tigar by Deron Cooke, Jiahao Kuang, for Court Reporter Katherine Sullivan. (Mendez, Sophia) (Filed on 12/19/2018) (Entered: 12/19/2018)

Dec. 19, 2018

Dec. 19, 2018

PACER
79

ORDER GRANTING IN PART MOTION TO SHORTEN TIME by Judge Jon S. Tigar; granting in part 75 Motion to Shorten Time. (wsn, COURT STAFF) (Filed on 12/20/2018) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER

Set/Reset Deadlines as to 74 MOTION to Stay Preliminary Injunction Pending Appeal and MOTION for Clarification. Responses due by 1/4/2019. (wsn, COURT STAFF) (Filed on 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
80

TRANSCRIPT ORDER for proceedings held on 10/15/2018 before Judge Jon S. Tigar by James Mattis, United States Department of Defense, for Court Reporter Jo Ann Bryce. (Robinson, Stuart) (Filed on 12/20/2018) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
81

TRANSCRIPT ORDER for proceedings held on 11/15/2018 before Judge Jon S. Tigar by James Mattis, United States Department of Defense, for Court Reporter Katherine Sullivan. (Robinson, Stuart) (Filed on 12/20/2018) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
82

*** DISREGARD - ENTERED IN ERROR (SEE DOCKET # 83) *** Transcript Designation Form for proceedings held on 10/15/2018, 11/15/2018 before Judge Jon S. Tigar, (Robinson, Stuart) (Filed on 12/20/2018) Modified on 12/20/2018 (rjdS, COURT STAFF). (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
83

Transcript Designation Form for proceedings held on 10/15/2018, 11/15/2018 before Judge Jon S. Tigar, (Robinson, Stuart) (Filed on 12/20/2018) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
84

Transcript of Proceedings held on 11/15/18, before Judge Jon S. Tigar. Court Reporter Katherine Sullivan, Katherine_Sullivan@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 81 Transcript Order, 78 Transcript Order ) Redaction Request due 1/11/2019. Redacted Transcript Deadline set for 1/22/2019. Release of Transcript Restriction set for 3/21/2019. (Related documents(s) 81, 78 ) (Sullivan, Katherine) (Filed on 12/21/2018) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
85

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Dahl, Caitlin) (Filed on 12/21/2018) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
86

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Robinson, Stuart) (Filed on 12/21/2018) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
87

Joint Discovery Letter Brief - (Second Joint Statement Regarding Discovery) filed by Deron Cooke, Jiahao Kuang. (Wald, Peter) (Filed on 12/24/2018) (Entered: 12/24/2018)

Dec. 24, 2018

Dec. 24, 2018

PACER
88

Declaration of Eric R. Swibel in Support of 87 Joint Discovery Letter Brief - (Second Joint Statement Regarding Discovery) filed by Deron Cooke, Jiahao Kuang. (Attachments: #(1) Exhibit 1)(Related document(s) 87 ) (Swibel, Eric) (Filed on 12/24/2018) (Entered: 12/24/2018)

Dec. 24, 2018

Dec. 24, 2018

PACER
89

USCA Case Number 18-17381 for 73 Notice of Appeal filed by James Mattis, United States Department of Defense. (tnS, COURT STAFF) (Filed on 12/24/2018) (Entered: 12/24/2018)

Dec. 24, 2018

Dec. 24, 2018

PACER
90

ORDER of USCA as to 73 Notice of Appeal filed by James Mattis, United States Department of Defense. (tnS, COURT STAFF) (Filed on 12/27/2018) (Entered: 12/27/2018)

Dec. 27, 2018

Dec. 27, 2018

PACER
91

ORDER HOLDING MOTION FOR STAY PENDING APPEAL IN ABEYANCE re 74 MOTION to Stay Preliminary Injunction Pending Appeal and MOTION for Clarification filed by James Mattis, United States Department of Defense. Signed by Judge Jon S. Tigar on December 28, 2018. (wsn, COURT STAFF) (Filed on 12/28/2018) (Entered: 12/28/2018)

Dec. 28, 2018

Dec. 28, 2018

PACER
92

Joint Case Management Statement filed by Deron Cooke, Jiahao Kuang. (Attachments: #(1) Appendix A)(Wald, Peter) (Filed on 1/7/2019) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
93

Minute Entry for proceedings held before Judge Jon S. Tigar: Initial Case Management Conference held on 1/16/2019. Total Time in Court: 27 minutes. Court Reporter: Debra Pas. (wsn, COURT STAFF) (Date Filed: 1/16/2019) (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

PACER
94

ORDER RE: DISCOVERY JOINT LETTER BRIEF re 87 Joint Discovery Letter Brief. Signed by Judge Jon S. Tigar on January 23, 2019. (wsn, COURT STAFF) (Filed on 1/23/2019) (Entered: 01/23/2019)

Jan. 23, 2019

Jan. 23, 2019

RECAP
95

NOTICE of Substitution of Counsel filed by Michael Fraser Knapp (Knapp, Michael) (Filed on 1/30/2019) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER
96

JOINT STIPULATION AND [PROPOSED] ORDER to Set Case Management Schedule filed by Deron Cooke, Jiahao Kuang. (Wald, Peter) (Filed on 1/30/2019) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Key Dates

Filing Date: June 21, 2018

Closing Date: May 3, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Lawful permanent residents on behalf of all persons who (i) are lawful permanent residents of the United States; (ii) have signed an enlistment contract with the U.S. military; and (iii) were not been permitted to begin initial entry training due to an October 2017 Department of Defense policy

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Department of Defense (- United States (national) -), Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2018 - 2019

Issues

Discrimination Area:

Training

Discrimination Basis:

Immigration status

Immigration/Border:

Constitutional rights