Case: National Association of Manufacturers v. United States Department of Homeland Security

4:20-cv-04887 | U.S. District Court for the Northern District of California

Filed Date: July 21, 2020

Closed Date: April 9, 2021

Clearinghouse coding complete

Case Summary

This is a case challenging Presidential Proclamation 10052, Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak (June 22, 2020) and its implementation by federal agencies. The proclamation barred hundreds of thousands of temporary workers and their dependents from entering the country via the H-1B, H-2B, J, and L nonimmigrant visa programs between June 24, 2020 and Dec…

This is a case challenging Presidential Proclamation 10052, Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak (June 22, 2020) and its implementation by federal agencies. The proclamation barred hundreds of thousands of temporary workers and their dependents from entering the country via the H-1B, H-2B, J, and L nonimmigrant visa programs between June 24, 2020 and December 31, 2020 because of the “risk of displacing and disadvantaging United States workers during the [pandemic] recovery.” 

On July 21, 2020, several companies and trade organizations, as well as the U.S. Chamber of Commerce, filed this lawsuit in the U.S. District Court for the Northern District of California against the Department of Homeland Security, Department of State, Acting Secretary of Homeland Security in his official capacity, and the Acting Secretary of State in his official capacity. Plaintiffs represented their members and employees. They alleged that the Presidential Proclamation exceeded the President's authority under sections 212(f) and 215(a) of the Immigration and Nationality Act (INA) because it nullified the labor-market predictions Congress had calibrated into visa categories by legislation. Additionally, they alleged that it was a violation of the INA because it responded to a domestic economic problem. Further, plaintiffs alleged that the agencies’ implementation of the proclamation was arbitrary and capricious under the Administrative Procedure Act, because the policy was overbroad (by excluding dependents, who were ineligible to work), impacted individuals whose jobs did not match the sectors where pandemic unemployment was concentrated, and disregarded substantial reliance interests. Plaintiffs sought declaratory relief, an injunction, vacatur, and attorneys’ fees. The case was assigned to District Judge Jeffrey S. White.

The plaintiffs moved for a preliminary injunction on July 31, 2020. Following oral arguments, on October 1, 2020, the court granted the motion. 2020 WL 5847503. The court held that the association plaintiffs had standing based on declarations detailing specific harms to them and their members, and that the plaintiffs were likely to succeed because there was a significant mismatch between the unemployment the pandemic had caused and types of jobs that the individuals being barred from receiving immigration visas often worked in. For instance, unemployment was concentrated in service occupations, while many vacancies existed in high-skilled technology and computer-related occupations. Yet those jobs were not being filled, though nonimmigrants on visas might have been able to. The court also found the plaintiffs’ claims that the Proclamation exceeded the President’s authority under the INA because it involved a purely domestic, rather than foreign affairs and national security-related, economic issue, likely to succeed. The Proclamation was likely an unlawful nullification of portions of the INA because it effectively eliminated entire visa categories that Congress had legislated, the court said. The court granted an injunction as to the plaintiffs and their members, but not nationwide. 

Days after the injunction was issued, DHS and the Department of Labor published two interim final rules restricting the same visa programs at issue in this case. The rules were: Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, 85 Fed. Reg. 63,872 (Oct. 8, 2020) by the DOH, and Strengthening the H-1B Nonimmigrant Visa Classification Program, 85 Fed. Reg. 63,918 (Oct. 8, 2020) by DHS. Several of the same plaintiffs, along with several universities and other organizations, challenged the rulemaking as a violation of the APA in a related case before the same judge in the Northern District of California. Chamber of Commerce v. Department of Homeland Security, No. 4:20-cv-07331. In that case, the interim final rules (one of which was reissued as a final rule) and another, later rule referred to as the “Lottery Rule” (which sought to replace the random H-1B cap lottery process with a wage-ranked priority system) were both vacated by December 2021. Additional details of the challenge to rulemaking after policies under the Presidential Proclamation were enjoined can be found in the Clearinghouse's summary of the Chamber of Commerce v. Department of Homeland Security case. 

The government appealed preliminary injunction in this lawsuit to the U.S. Court of Appeals for the Ninth Circuit on October 29, 2020. The Presidential Proclamation was extended through March 31, 2021, and then lapsed. On April 8, 2021, the government moved to dismiss the appeal as moot without prejudice; the court granted that motion on April 8, 2021. 

The next day, Judge White ordered the dismissal of the case. As of April 2021, the case was closed.  

 

Summary Authors

Amanda Gao (8/16/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17369379/parties/national-association-of-manufacturers-v-united-states-department-of/

Judge(s)
Attorney for Plaintiff

Gaede, William G. (California)

Attorney for Defendant

Girdharry, Glenn M. (California)

Expert/Monitor/Master/Other

Delery, Stuart F. (California)

Dettmer, Ethan D. (California)

Dowlatshahi, Camron (California)

Documents in the Clearinghouse
1

4:20-cv-04887

Complaint

July 21, 2020

July 21, 2020

31

4:20-cv-04887

Motion for Preliminary Injunction

July 31, 2020

July 31, 2020

87

4:20-cv-04887

Order on Motion for Preliminary Injunction

Oct. 1, 2020

Oct. 1, 2020

109

4:20-cv-04887

Order on Motion for Miscellaneous Relief

Nov. 18, 2020

Nov. 18, 2020

116

4:20-cv-04887

USCA Order

April 8, 2021

April 8, 2021

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17369379/national-association-of-manufacturers-v-united-states-department-of/

Last updated Aug. 18, 2026, 11:13 a.m.

Docket for: National Association of Manufacturers v. United States Department of Homeland Security
ECF Number Date Description Link
1 July 21, 2020

COMPLAINT for Declaratory and Injunctive Relief [Filing Receipt # 0971-14717573] against All Defendants. Filed byNational Retail Federation, Chamber of Commerce of the United States of America, National Association of Manufacturers, Technet, Intrax, Inc.. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Gaede, William) (Filed on 7/21/2020) (Entered: 07/21/2020)

1 Exhibit A

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2 Civil Cover Sheet

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Clearinghouse
2 July 21, 2020

Proposed Summons. (Gaede, William) (Filed on 7/21/2020) (Entered: 07/21/2020)

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3 July 21, 2020

NOTICE of Appearance by William G. Gaede, III (Gaede, William) (Filed on 7/21/2020) (Entered: 07/21/2020)

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4 July 21, 2020

Corporate Disclosure Statement by National Association of Manufacturers (Gaede, William) (Filed on 7/21/2020) (Entered: 07/21/2020)

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5 July 21, 2020

Corporate Disclosure Statement by Technet (Gaede, William) (Filed on 7/21/2020) (Entered: 07/21/2020)

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6 July 21, 2020

Corporate Disclosure Statement by National Retail Federation (Gaede, William) (Filed on 7/21/2020) (Entered: 07/21/2020)

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7 July 21, 2020

Corporate Disclosure Statement by Intrax, Inc. (Gaede, William) (Filed on 7/21/2020) (Entered: 07/21/2020)

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8 July 21, 2020

Corporate Disclosure Statement by Chamber of Commerce of the United States of America (Gaede, William) (Filed on 7/21/2020) (Entered: 07/21/2020)

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9 July 21, 2020

Certificate of Interested Entities by Chamber of Commerce of the United States of America, Intrax, Inc., National Association of Manufacturers, National Retail Federation, Technet (Gaede, William) (Filed on 7/21/2020) (Entered: 07/21/2020)

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10 July 21, 2020

MOTION for leave to appear in Pro Hac Vice re: Paul Hughes ( Filing fee $ 310, receipt number 0971-14719350.) filed by Chamber of Commerce of the United States of America, Intrax, Inc., National Association of Manufacturers, National Retail Federation, Technet. (Attachments: # 1 Exhibit A - Certificate of Good Standing, # 2 Proposed Order)(Hughes, Paul) (Filed on 7/21/2020) Modified on 7/23/2020 (ajsS, COURT STAFF). (Entered: 07/21/2020)

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11 July 22, 2020

Case assigned to Magistrate Judge Kandis A. Westmore. 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 8/5/2020. (mbcS, COURT STAFF) (Filed on 7/22/2020) (Entered: 07/22/2020)

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July 22, 2020

~Util - Case Assigned by Intake

12 July 23, 2020

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/13/2020. Initial Case Management Conference set for 10/20/2020 01:30 PM. (ajsS, COURT STAFF) (Filed on 7/23/2020) (Entered: 07/23/2020)

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13 July 23, 2020

Summons Issued as to Michael R. Pompeo, United States Department of Homeland Security, United States Department of State, Chad F. Wolf. (ajsS, COURT STAFF) (Filed on 7/23/2020) (Entered: 07/23/2020)

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14 July 23, 2020

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Chamber of Commerce of the United States of America, Intrax, Inc., National Association of Manufacturers, National Retail Federation, Technet.. (Gaede, William) (Filed on 7/23/2020) (Entered: 07/23/2020)

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15 July 23, 2020

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. (dtmS, COURT STAFF) (Filed on 7/23/2020) (Entered: 07/23/2020)

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July 23, 2020

Clerk's Notice of Impending Reassignment - Text Only

16 July 24, 2020

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Saundra Brown Armstrong for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case, Signed by the Clerk on 7/24/2020. (anjS, COURT STAFF) (Filed on 7/24/2020) (Entered: 07/24/2020)

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17 July 24, 2020

SUMMONS Returned Executed by National Retail Federation, Chamber of Commerce of the United States of America, National Association of Manufacturers, Technet, Intrax, Inc.. United States Department of Homeland Security served on 7/24/2020, answer due 9/22/2020. (Gaede, William) (Filed on 7/24/2020) (Entered: 07/24/2020)

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18 July 24, 2020

SUMMONS Returned Executed by National Retail Federation, Chamber of Commerce of the United States of America, National Association of Manufacturers, Technet, Intrax, Inc.. United States Department of State served on 7/24/2020, answer due 9/22/2020. (Gaede, William) (Filed on 7/24/2020) (Entered: 07/24/2020)

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19 July 24, 2020

SUMMONS Returned Executed by National Retail Federation, Chamber of Commerce of the United States of America, National Association of Manufacturers, Technet, Intrax, Inc.. Michael R. Pompeo served on 7/24/2020, answer due 9/22/2020. (Gaede, William) (Filed on 7/24/2020) (Entered: 07/24/2020)

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20 July 24, 2020

SUMMONS Returned Executed by National Retail Federation, Chamber of Commerce of the United States of America, National Association of Manufacturers, Technet, Intrax, Inc.. Chad F. Wolf served on 7/24/2020, answer due 9/22/2020. (Gaede, William) (Filed on 7/24/2020) (Entered: 07/24/2020)

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21 July 27, 2020

ORDER OF RECUSAL. Signed by Judge Saundra Brown Armstrong on 7/27/2020. (amgS, COURT STAFF) (Filed on 7/27/2020) (Entered: 07/27/2020)

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22 July 27, 2020

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Judge Saundra Brown Armstrong no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 7-27-2020. (Attachments: # 1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 7/27/2020) (Entered: 07/27/2020)

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23 July 27, 2020

ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge Jeffrey S. White on 7/27/20. Joint Case Management Statement due by 10/16/2020. Initial Case Management Conference set for 10/23/2020 11:00 AM. (jjoS, COURT STAFF) (Filed on 7/27/2020) (Entered: 07/27/2020)

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24 July 28, 2020

ORDER by Judge Jeffrey S. White granting 10 Motion for Pro Hac Vice re: Paul Hughes. (jjoS, COURT STAFF) (Filed on 7/28/2020) (Entered: 07/28/2020)

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25 July 29, 2020

ADMINISTRATIVE MOTION to Exceed Page Limitation and Notice a Hearing filed by Chamber of Commerce of the United States of America, Intrax, Inc., National Association of Manufacturers, National Retail Federation, Technet. Responses due by 8/3/2020. (Attachments: # 1 Declaration of Paul W. Hughes, # 2 Proposed Order)(Hughes, Paul) (Filed on 7/29/2020) (Entered: 07/29/2020)

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26 July 29, 2020

ORDER by Judge Jeffrey S. White granting 25 Administrative Motion to Exceed Page Limitation and Notice a Hearing. Motion Hearing set for 9/11/2020 09:00 AM before Judge Jeffrey S. White. (jjoS, COURT STAFF) (Filed on 7/29/2020) (Entered: 07/29/2020)

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27 July 29, 2020

CERTIFICATE OF SERVICE by Chamber of Commerce of the United States of America, Intrax, Inc., National Association of Manufacturers, National Retail Federation, Technet re 23 Order,, Set Deadlines/Hearings, 22 Order Reassigning Case,,, Case Assigned/Reassigned,, (Gaede, William) (Filed on 7/29/2020) (Entered: 07/29/2020)

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28 July 29, 2020

CERTIFICATE OF SERVICE by Chamber of Commerce of the United States of America, Intrax, Inc., National Association of Manufacturers, National Retail Federation, Technet re Administrative Motion to Exceed Page Limit and to Set Hearing (Gaede, William) (Filed on 7/29/2020) (Entered: 07/29/2020)

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29 July 29, 2020

CERTIFICATE OF SERVICE by Chamber of Commerce of the United States of America, Intrax, Inc., National Association of Manufacturers, National Retail Federation, Technet re 26 Order on Administrative Motion per Civil Local Rule 7-11 (Gaede, William) (Filed on 7/29/2020) (Entered: 07/29/2020)

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30 July 31, 2020

MOTION for leave to appear in Pro Hac Vice Re: Michael B. Kimberly ( Filing fee $ 310, receipt number 0971-14761826.) filed by Chamber of Commerce of the United States of America, Intrax, Inc., National Association of Manufacturers, National Retail Federation, Technet. (Attachments: # 1 Exhibit A - Certificate of Good Standing, # 2 Proposed Order)(Kimberly, Michael) (Filed on 7/31/2020) Modified on 8/3/2020 (cjlS, COURT STAFF). (Entered: 07/31/2020)

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31 July 31, 2020

MOTION for Preliminary Injunction filed by Chamber of Commerce of the United States of America, Intrax, Inc., National Association of Manufacturers, National Retail Federation, Technet. Motion Hearing set for 9/11/2020 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 8/14/2020. Replies due by 8/21/2020. (Attachments: # 1 Declaration of Paul W. Hughes, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Declaration of Jonathan Baselice, # 37 Declaration of James Bell, # 38 Declaration of Zane Brown, # 39 Declaration of Nicholas Brummel, # 40 Declaration of Jack Chen, # 41 Declaration of Scott Corley, # 42 Declaration of Stephanie Hall, # 43 Declaration of Mike Leman, # 44 Declaration of Tom O'Gorman, # 45 Declaration of Marcie Schneider, # 46 Proposed Order)(Hughes, Paul) (Filed on 7/31/2020) (Entered: 07/31/2020)

1 Declaration of Paul W. Hughes

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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18 Exhibit 17

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19 Exhibit 18

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20 Exhibit 19

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21 Exhibit 20

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22 Exhibit 21

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24 Exhibit 23

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27 Exhibit 26

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29 Exhibit 28

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30 Exhibit 29

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31 Exhibit 30

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32 Exhibit 31

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33 Exhibit 32

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34 Exhibit 33

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35 Exhibit 34

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36 Declaration of Jonathan Baselice

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37 Declaration of James Bell

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38 Declaration of Zane Brown

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39 Declaration of Nicholas Brummel

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40 Declaration of Jack Chen

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41 Declaration of Scott Corley

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42 Declaration of Stephanie Hall

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43 Declaration of Mike Leman

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44 Declaration of Tom O'Gorman

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45 Declaration of Marcie Schneider

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46 Proposed Order

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Clearinghouse
32 Aug. 3, 2020

CERTIFICATE OF SERVICE by Chamber of Commerce of the United States of America, Intrax, Inc., National Association of Manufacturers, National Retail Federation, Technet re 31 MOTION for Preliminary Injunction and Declarations and Exhibits in Support thereof (Hughes, Paul) (Filed on 8/3/2020) (Entered: 08/03/2020)

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33 Aug. 3, 2020

ORDER by Judge Jeffrey S. White granting 30 Motion for Pro Hac Vice re: Re: Michael B. Kimberly. (jjoS, COURT STAFF) (Filed on 8/3/2020) (Entered: 08/03/2020)

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34 Aug. 6, 2020

NOTICE of Appearance by Joshua Samuel Press (Press, Joshua) (Filed on 8/6/2020) (Entered: 08/06/2020)

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35 Aug. 6, 2020

NOTICE of Appearance by Glenn M. Girdharry on behalf of all Defendants (Girdharry, Glenn) (Filed on 8/6/2020) (Entered: 08/06/2020)

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36 Aug. 7, 2020

NOTICE of Appearance by Camron Dowlatshahi (Dowlatshahi, Camron) (Filed on 8/7/2020) (Entered: 08/07/2020)

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37 Aug. 7, 2020

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14788283.) filed by Amicus Curiae Immigration Law Professors. (Attachments: # 1 Exhibit Proposed Order, # 2 Exhibit Certificate of Good Standing)(Nandi, Neil) (Filed on 8/7/2020) (Entered: 08/07/2020)

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38 Aug. 7, 2020

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14788437.) filed by Amicus Curiae Immigration Law Professors. (Attachments: # 1 Exhibit Proposed Order, # 2 Exhibit Certificate of Good Standing)(Margulies, Peter) (Filed on 8/7/2020) (Entered: 08/07/2020)

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39 Aug. 7, 2020

DEFENDANTS UNOPPOSED MOTION AND [PROPOSED] ORDER FOR EXTENSION OF BRIEFING SCHEDUL re 31 MOTION for Preliminary Injunction filed by Michael R. Pompeo, United States Department of Homeland Security, United States Department of State, Chad F. Wolf. Responses due by 8/11/2020. (Attachments: # 1 Proposed Order)(Press, Joshua) (Filed on 8/7/2020) Modified on 8/10/2020 (cjlS, COURT STAFF). (Entered: 08/07/2020)

1 Proposed Order

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40 Aug. 7, 2020

UNOPPOSED ADMINISTRATIVE MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION filed by Amicus Curiae Immigration Law Professors. Responses due by 8/11/2020. (Attachments: # 1 Exhibit Amicus Curiae Brief In Support of Plaintiffs Motion for Preliminary Injunction, # 2 Exhibit Declaration, # 3 Exhibit Proposed Order Granting Unopposed Motion For Leave to File Amicus Curiae Brief)(Dowlatshahi, Camron) (Filed on 8/7/2020) Modified on 8/10/2020 (cjlS, COURT STAFF). (Entered: 08/07/2020)

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41 Aug. 7, 2020

ORDER by Judge Jeffrey S. White granting AS MODIFIED 39 Administrative Motion For Adjustment to Briefing Schedule. (jjoS, COURT STAFF) (Filed on 8/7/2020) (Entered: 08/07/2020)

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42 Aug. 7, 2020

ORDER by Judge Jeffrey S. White granting 37 Motion for Pro Hac Vice re Neil Nandi. (jjoS, COURT STAFF) (Filed on 8/7/2020) (Entered: 08/07/2020)

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43 Aug. 7, 2020

ORDER by Judge Jeffrey S. White granting 38 Motion for Pro Hac Vice re Peter Margulies. (jjoS, COURT STAFF) (Filed on 8/7/2020) (Entered: 08/07/2020)

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44 Aug. 7, 2020

ORDER by Judge Jeffrey S. White granting 40 Administrative Motion for Leave to File Amicus Curiae Brief.. (jjoS, COURT STAFF) (Filed on 8/7/2020) (Entered: 08/07/2020)

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Aug. 7, 2020

Set Motion and Deadlines/Hearings

Aug. 7, 2020

Set/Reset Deadlines as to 31 MOTION for Preliminary Injunction . Responses due by 8/19/2020. Replies due by 8/28/2020. (jjoS, COURT STAFF) (Filed on 8/7/2020)

45 Aug. 10, 2020

UNOPPOSED ADMINISTRATIVE MOTION for Leave to File an Amicus Brief in Support of Plaintiffs' Motion for Preliminary Injunction filed by Amici Curiae Leading Companies and Business Organizations. Responses due by 8/14/2020. (Attachments: # 1 Amicus Brief of Leading Companies and Business Organizations, # 2 Declaration of Ethan D. Dettmer, # 3 Proposed Order)(Dettmer, Ethan) (Filed on 8/10/2020) Modified on 8/11/2020 (cjlS, COURT STAFF). (Entered: 08/10/2020)

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46 Aug. 10, 2020

MOTION for leave to appear in Pro Hac Vice for Stuart F. Delery ( Filing fee $ 310, receipt number 0971-14792507.) filed by Amici Curiae Leading Companies and Business Organizations. (Attachments: # 1 Certificate of Good Standing)(Dettmer, Ethan) (Filed on 8/10/2020) Modified on 8/11/2020 (cjlS, COURT STAFF). (Entered: 08/10/2020)

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47 Aug. 10, 2020

MOTION for leave to appear in Pro Hac Vice for David A. Schnitzer ( Filing fee $ 310, receipt number 0971-14792574.) filed by Amici Curiae Leading Companies and Business Organizations. (Attachments: # 1 Certificate of Good Standing)(Dettmer, Ethan) (Filed on 8/10/2020) Modified on 8/11/2020 (cjlS, COURT STAFF). (Entered: 08/10/2020)

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48 Aug. 10, 2020

UNOPPOSED ADMINISTRATIVE MOTION leave to join brief of amici curiae re 45 ADMINISTRATIVE MOTION for Leave to File an Amicus Brief in Support of Plaintiffs' Motion for Preliminary Injunction filed by Amici Curiae Additional Companies. Responses due by 9/11/2020. (Attachments: # 1 Proposed Order)(Salaheldin, Waleed) (Filed on 8/10/2020) Modified on 8/11/2020 (cjlS, COURT STAFF). (Entered: 08/10/2020)

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49 Aug. 10, 2020

ORDER by Judge Jeffrey S. White granting 46 Motion for Pro Hac Vice for Stuart F. Delery. (jjoS, COURT STAFF) (Filed on 8/10/2020) (Entered: 08/10/2020)

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50 Aug. 10, 2020

ORDER by Judge Jeffrey S. White granting 47 Motion for Pro Hac Vice for David A. Schnitzer. (jjoS, COURT STAFF) (Filed on 8/10/2020) (Entered: 08/10/2020)

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51 Aug. 10, 2020

ORDER by Judge Jeffrey S. White granting 48 Administrative Motion For Leave to Join Brief of Amici Curiae. (jjoS, COURT STAFF) (Filed on 8/10/2020) (Entered: 08/10/2020)

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52 Aug. 10, 2020

MOTION for leave to appear in Pro Hac Vice for Daniel Pierce ( Filing fee $ 310, receipt number 0971-14794707.) filed by Amici Curiae Additional Companies. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit)(Pierce, Daniel) (Filed on 8/10/2020) Modified on 8/11/2020 (cjlS, COURT STAFF). (Entered: 08/10/2020)

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53 Aug. 10, 2020

ORDER by Judge Jeffrey S. White granting 45 Administrative Motion for Leave to File an Amicus Brief. (jjoS, COURT STAFF) (Filed on 8/10/2020) (Entered: 08/10/2020)

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54 Aug. 10, 2020

ORDER by Judge Jeffrey S. White granting 52 Motion for Pro Hac Vice for Daniel Pierce. (jjoS, COURT STAFF) (Filed on 8/10/2020) (Entered: 08/10/2020)

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55 Aug. 10, 2020

ORDER re 31 MOTION for Preliminary Injunction filed by National Retail Federation, National Association of Manufacturers, Intrax, Inc., Chamber of Commerce of the United States of America, Technet. Signed by Judge Jeffrey S. White on August 10, 2020. (jswlc2S, COURT STAFF) (Filed on 8/10/2020) (Entered: 08/10/2020)

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56 Aug. 11, 2020

UNOPPOSED MOTION FOR LEAVE TO FILE AMICUS CURAIE BRIEF IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION filed by SOCIETY FOR HUMAN RESOURCE MANAGEMENT. (Attachments: # 1 Proposed Order, # 2 Certificate/Proof of Service, # 3 Exhibit Amicus Brief)(Malm, Steven) (Filed on 8/11/2020) Modified on 8/12/2020 (cjlS, COURT STAFF). (Entered: 08/11/2020)

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57 Aug. 11, 2020

MOTION for leave to appear in Pro Hac Vice for Carl Hampe ( Filing fee $ 310, receipt number 0971-14802563.) filed by Amici Curiae Additional Companies. (Attachments: # 1 Proposed Order, # 2 Exhibit)(Hampe, Carl) (Filed on 8/11/2020) Modified on 8/12/2020 (cjlS, COURT STAFF). (Entered: 08/11/2020)

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58 Aug. 12, 2020

ORDER by Judge Jeffrey S. White granting 57 Motion for Pro Hac Vice for Carl Hampe. (jjoS, COURT STAFF) (Filed on 8/12/2020) (Entered: 08/12/2020)

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59 Aug. 12, 2020

MOTION for leave to appear in Pro Hac Vice Re: Sarah P. Hogarth Chamber of Commerce of the United States of America, Intrax, Inc., National Association of Manufacturers, National Retail Federation, Technet. (Attachments: # 1 Exhibit A - Certificate of Good Standing, # 2 Proposed Order)(Hogarth, Sarah) (Filed on 8/12/2020) Modified on 8/13/2020 (cjlS, COURT STAFF). (Entered: 08/12/2020)

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60 Aug. 13, 2020

ORDER by Judge Jeffrey S. White granting 59 Motion for Pro Hac Vice re Sarah P. Hogarth. (jjoS, COURT STAFF) (Filed on 8/13/2020) (Entered: 08/13/2020)

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61 Aug. 13, 2020

CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE: Joint Case Management Statement due by 10/30/2020. Initial Case Management Conference set for 11/6/2020 11:00 AM. (jjoS, COURT STAFF) (Filed on 8/13/2020) (Entered: 08/13/2020)

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62 Aug. 14, 2020

AMENDED CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE (to correct date on document):Joint Case Management Statement due by 10/30/2020. Initial Case Management Conference set for 11/6/2020 11:00 AM. (jjoS, COURT STAFF) (Filed on 8/14/2020) (Entered: 08/14/2020)

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63 Aug. 14, 2020

MOTION for leave to appear in Pro Hac Vice Re: Leon Rodriguez (Filing fee $ 310, receipt number 0971-14816346) filed by Society for Human Resource Management . (Attachments: # 1 Certificate of Good Standing, # 2 Certificate/Proof of Service)(Rodriguez, Leon) (Filed on 8/14/2020) Modified on 8/17/2020 (cjlS, COURT STAFF). (Entered: 08/14/2020)

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64 Aug. 17, 2020

ORDER by Judge Jeffrey S. White granting 63 Motion for Pro Hac Vice Re: Leon Rodriguez. (jjoS, COURT STAFF) (Filed on 8/17/2020) (Entered: 08/17/2020)

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65 Aug. 17, 2020

ORDER by Judge Jeffrey S. White granting 56 MOTION FOR LEAVE TO FILE AMICUS CURAIE BRIEF IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION. (jjoS, COURT STAFF) (Filed on 8/17/2020) (Entered: 08/17/2020)

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66 Aug. 19, 2020

OPPOSITION/RESPONSE (re 31 MOTION for Preliminary Injunction ) filed byMichael R. Pompeo, United States Department of Homeland Security, United States Department of State, Chad F. Wolf. (Press, Joshua) (Filed on 8/19/2020) (Entered: 08/19/2020)

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67 Aug. 25, 2020

Motion for Leave to File Amicus Curiae Brief by U.S. Tech Workers. Responses due by 9/8/2020. Replies due by 9/15/2020. (Attachments: # 1 Exhibit Proposed Amicus Memo of Law, # 2 Proposed Order proposed order)(Joseph, Lawrence) (Filed on 8/25/2020) Modified on 8/26/2020 (cjlS, COURT STAFF). (Entered: 08/25/2020)

1 Exhibit Proposed Amicus Memo of Law

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2 Proposed Order proposed order

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68 Aug. 28, 2020

MOTION for leave to appear in Pro Hac Vice Re: Shoba Sivaprasad Wadhia (Filing fee $ 310, receipt number 0971-14875738) filed by Amicus Curiae Immigration Law Professors. (Attachments: # 1 Exhibit 1 Certificate of Good Standing, # 2 Exhibit 2 Certificate of Good Standing, # 3 Proposed Order)(Wadhia, Shoba) (Filed on 8/28/2020) Modified on 8/31/2020 (cjlS, COURT STAFF). (Entered: 08/28/2020)

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69 Aug. 28, 2020

REPLY (re 31 MOTION for Preliminary Injunction ) filed byChamber of Commerce of the United States of America, Intrax, Inc., National Association of Manufacturers, National Retail Federation, Technet. (Attachments: # 1 Second Declaration of Paul W. Hughes, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Declaration of William Gustafson, # 7 Second Declaration of Marcie Schneider)(Hughes, Paul) (Filed on 8/28/2020) (Entered: 08/28/2020)

1 Second Declaration of Paul W. Hughes

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Declaration of William Gustafson

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7 Second Declaration of Marcie Schneider

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70 Aug. 28, 2020

ORDER REQUIRING Delivery of Chambers Copies re 69 Reply to Opposition/Response. Signed by Judge Jeffrey S. White on August 28, 2020. (jswlc2S, COURT STAFF) (Filed on 8/28/2020) (Entered: 08/28/2020)

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71 Aug. 31, 2020

MOTION for leave to appear in Pro Hac Vice Re: Laura McNally (Filing fee $ 310, receipt number 0971-14879038) filed by Amicus Curiae Immigration Law Professors. (Attachments: # 1 Exhibit 1 Certificate of Good Standing, # 2 Proposed Order)(McNally, Laura) (Filed on 8/31/2020) Modified on 9/1/2020 (cjlS, COURT STAFF). (Entered: 08/31/2020)

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72 Aug. 31, 2020

ORDER by Judge Jeffrey S. White granting 67 Motion to File Amicus Curiae Brief. (jjoS, COURT STAFF) (Filed on 8/31/2020) (Entered: 08/31/2020)

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73 Aug. 31, 2020

ORDER by Judge Jeffrey S. White granting 71 Motion for Pro Hac Vice re Laura McNally. (jjoS, COURT STAFF) (Filed on 8/31/2020) (Entered: 08/31/2020)

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74 Sept. 1, 2020

NOTICE of Appearance by Aaron Steven Goldsmith (Goldsmith, Aaron) (Filed on 9/1/2020) (Entered: 09/01/2020)

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75 Sept. 2, 2020

Amicus Brief in Support of Federal Defendants in Opposition to Interim Relief filed by U.S. Tech Workers. Filed Per Order of the Court at Docket Entry 72 . (Related document(s) 72 ) (Joseph, Lawrence) (Filed on 9/2/2020) Modified on 9/2/2020 (cjlS, COURT STAFF). (Entered: 09/02/2020)

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76 Sept. 3, 2020

CLERKS NOTICE SETTING ZOOM HEARING as to 31 Preliminary Injunction Hearing set for 9/11/2020 09:00 AM before Judge Jeffrey S. White. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jsw Court Appearances: Advanced notice is required of counsel who will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at jswcrd@cand.uscourts.gov no later than September 8, 2020 at 12:00 pm PT.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jjoS, COURT STAFF) (Filed on 9/3/2020) (Entered: 09/03/2020)

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Sept. 3, 2020

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice Setting Zoom Hearing

77 Sept. 4, 2020

MOTION for Leave to File Amicus Curiae Brief filed by WORLDWIDE EMPLOYEE RELOCATION COUNCIL. (Attachments: # 1 Exhibit, # 2 Declaration, # 3 Proposed Order)(Salaheldin, Waleed) (Filed on 9/4/2020) (Entered: 09/04/2020)

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78 Sept. 4, 2020

ORDER by Judge Jeffrey S. White granting 77 Motion for Leave to File Amicus Curiae Brief by WORLDWIDE EMPLOYEE RELOCATION COUNCIL. (jjoS, COURT STAFF) (Filed on 9/4/2020) (Entered: 09/04/2020)

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79 Sept. 9, 2020

NOTICE OF QUESTIONS FOR HEARING ON 31 MOTION FOR PRELIMINARY INJUNCTION. Signed by Judge Jeffrey S. White on 9/9/20. (jjoS, COURT STAFF) (Filed on 9/9/2020) (Entered: 09/09/2020)

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80 Sept. 10, 2020

NOTICE of Supplemental Authorities re 79 Order filed by Michael R. Pompeo, United States Department of Homeland Security, United States Department of State, Chad F. Wolf. (Press, Joshua) (Filed on 9/10/2020) Modified on 9/10/2020 (cjlS, COURT STAFF). (Entered: 09/10/2020)

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81 Sept. 10, 2020

NOTICE of Additional Authority for Hearing on Motion for Preliminary Injunction re 79 Order by Chamber of Commerce of the United States of America, Intrax, Inc., National Association of Manufacturers, National Retail Federation, TechNet. (Attachments: # 1 Exhibit NFAP, Updated Analysis of Employment Data, # 2 Exhibit Gomez v. Trump)(Hughes, Paul) (Filed on 9/10/2020) Modified on 9/10/2020 (cjlS, COURT STAFF). (Entered: 09/10/2020)

1 Exhibit NFAP, Updated Analysis of Employment Data

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2 Exhibit Gomez v. Trump

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82 Sept. 11, 2020

Minute Entry for proceedings held before Judge Jeffrey S. White: Motion Hearing held on 9/11/2020 re 31 MOTION for Preliminary Injunction Total Time in Court: 1 hour 52 minutes. Court Reporter: Diane Skillman. Plaintiff Attorney: Paul W. Hughes. Defendant Attorney: Joshua S. Press. Attachment: Minutes. (jjoS, COURT STAFF) (Date Filed: 9/11/2020) Modified on 9/11/2020 (jjoS, COURT STAFF). (Entered: 09/11/2020)

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83 Sept. 16, 2020

ORDER by Judge Jeffrey S. White granting 68 Motion for Pro Hac Vice Re: Shoba Sivaprasad Wadhia. (jjoS, COURT STAFF) (Filed on 9/16/2020) (Entered: 09/16/2020)

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84 Sept. 17, 2020

NOTICE of Supplemental Authority re 66 Opposition/Response to Motion by Michael R. Pompeo, United States Department of Homeland Security, United States Department of State, Chad F. Wolf. (Press, Joshua) (Filed on 9/17/2020) Modified on 9/18/2020 (cjlS, COURT STAFF). (Entered: 09/17/2020)

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85 Sept. 19, 2020

Consent MOTION for Extension of Time to File Answer re 1 Complaint, filed by Michael R. Pompeo, United States Department of Homeland Security, United States Department of State, Chad F. Wolf. (Attachments: # 1 Proposed Order)(Press, Joshua) (Filed on 9/19/2020) (Entered: 09/19/2020)

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86 Sept. 21, 2020

ORDER by Judge Jeffrey S. White granting 85 Motion for Extension of Time to Answer. (jjoS, COURT STAFF) (Filed on 9/21/2020) (Entered: 09/21/2020)

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87 Oct. 1, 2020

ORDER by Judge Jeffrey S. White GRANTING 31 Motion for Preliminary Injunction. (jswlc2S, COURT STAFF) (Filed on 10/1/2020) (Entered: 10/01/2020)

Clearinghouse
88 Oct. 14, 2020

Consent MOTION for Extension of Time to File Answer re 86 Order on Motion for Extension of Time to Answer or Otherwise Respond filed by Michael R. Pompeo, United States Department of Homeland Security, United States Department of State, Chad F. Wolf. (Attachments: # 1 Proposed Order)(Press, Joshua) (Filed on 10/14/2020) (Entered: 10/14/2020)

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89 Oct. 15, 2020

ORDER by Judge Jeffrey S. White GRANTING 88 Stipulated Motion for Extension of Time to Answer. (jswlc2S, COURT STAFF) (Filed on 10/15/2020) (Entered: 10/15/2020)

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90 Oct. 16, 2020

Judicial Referral for Purpose of Determining Relationship of Cases re 4:20-cv-7183-EMC. Signed by Judge Edward M. Chen on 10/16/2020. (afmS, COURT STAFF) (Filed on 10/16/2020) (Entered: 10/16/2020)

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91 Oct. 22, 2020

Consent MOTION for Extension of Time to File Answer re 89 Order on Motion for Extension of Time to Answer, 1 Complaint, filed by Michael R. Pompeo, United States Department of Homeland Security, United States Department of State, Chad F. Wolf. (Attachments: # 1 Proposed Order)(Press, Joshua) (Filed on 10/22/2020) (Entered: 10/22/2020)

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92 Oct. 23, 2020

ORDER GRANTING 91 Consent MOTION for Extension of Time to File Answer. Signed by Judge Jeffrey S. White on October 23, 2020. (jswlc2S, COURT STAFF) (Filed on 10/23/2020) (Entered: 10/23/2020)

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93 Oct. 29, 2020

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Michael R. Pompeo, United States Department of Homeland Security, United States Department of State, Chad F. Wolf. Appeal of Order on Motion for Preliminary Injunction 87 (Appeal fee FEE WAIVED.) (Press, Joshua) (Filed on 10/29/2020) (Entered: 10/29/2020)

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94 Oct. 29, 2020

USCA Case Number 20-17132 filed by Chad F. Wolf, Michael R. Pompeo, United States Department of State, United States Department of Homeland Security. (jmlS, COURT STAFF) (Filed on 10/29/2020) (Entered: 10/29/2020)

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95 Oct. 29, 2020

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, 92 Order filed by Michael R. Pompeo, United States Department of Homeland Security, United States Department of State, Chad F. Wolf. (Attachments: # 1 Proposed Order)(Press, Joshua) (Filed on 10/29/2020) Modified on 10/30/2020 (cjlS, COURT STAFF). (Entered: 10/29/2020)

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Case Details

State / Territory:

California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 21, 2020

Closing Date: April 9, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Several companies and trade organizations

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Department of Homeland Security

U.S. Department of State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Other Dockets:

Northern District of California 4:20-cv-04887

Northern District of California 4:20-cv-07331

U.S. Court of Appeals for the Ninth Circuit 20-17132

U.S. Court of Appeals for the Ninth Circuit 21-16912

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2020 - 2021

Issues

Immigration/Border:

Visas - criteria

Visas - procedures

Recommended Citation