Case: Portland v. Barr

3:20-cv-07184 | U.S. District Court for the Northern District of California

Filed Date: Oct. 14, 2020

Closed Date: Oct. 15, 2021

Clearinghouse coding complete

Case Summary

On June 26, 2020, in the midst of widespread racial justice protests challenging police conduct, President Trump signed Executive Order 13933, entitled Protecting American Monuments, Memorials, and Statues and Combating Recent Criminal Violence. Days later, Acting Security of Homeland Security Chad Wolf began implementing this Executive Order by deploying federal law enforcement agents — including agents from Immigration and Customs Enforcement, the U.S. Marshals Service, and U.S. Customs and B…

On June 26, 2020, in the midst of widespread racial justice protests challenging police conduct, President Trump signed Executive Order 13933, entitled Protecting American Monuments, Memorials, and Statues and Combating Recent Criminal Violence. Days later, Acting Security of Homeland Security Chad Wolf began implementing this Executive Order by deploying federal law enforcement agents — including agents from Immigration and Customs Enforcement, the U.S. Marshals Service, and U.S. Customs and Border Protection — to Portland as part of “Operation Diligent Valor.” The city of Portland did not invite or consent to the presence of federal law enforcement.

The cities of Portland, OR and Oakland, CA brought this lawsuit against the U.S. Department of Justice and Department of Homeland Security in the U.S. District Court for the Northern District of California on October 14, 2020, challenging the federal government’s new policy that expanded the jurisdiction of federal law enforcement. Plaintiffs asserted that the federal agents deployed during “Operation Diligent Valor” acted beyond the purpose of protecting federal persons or property. The cities, represented by their respective city attorneys and Public Rights Project, brought the suit under the Administrative Procedure Act, alleging that the actions taken by the defendants were not in accordance with the law, were arbitrary and capricious, and were in excess of federal authority. In addition, the plaintiffs alleged that Chad Wolf was not legally authorized to hold the position of Acting Secretary of Homeland Security under the Federal Vacancies Reform Act and the Homeland Security Act and therefore any actions he took to enact, enforce, or contribute to the policy must be held unlawful and set aside. Finally, plaintiffs alleged that the federal government acted in violation of the Tenth Amendment by commandeering the Portland Police Bureau and interfering with Portland’s police powers as designated to it by the State of Oregon.

The case was initially assigned to Magistrate Judge Sallie Kim on October 14, 2020. Plaintiffs declined to proceed before a Magistrate Judge and the case was reassigned to Judge Edward M. Chen. Defendants filed a motion to dismiss for lack of jurisdiction or in the alternative to transfer venue on December 21, 2020. In light of the amended complaint, which Plaintiffs filed on January 21, 2021, the court dismissed the defendants' motion to dismiss as moot. The amended complaint added allegations that the defendants’ actions targeted progressive cities and included facts that contrasted the government’s actions in these cities against the government’s nonresponse to gatherings on monuments during the January 6 Capitol riots and encouragement of protests at state capitols against Covid-19 quarantine measures. Shortly after the amended complaint was filed and prompted by the change in leadership at the Department of Homeland Security and the Department of Justice, the parties began discussing whether they could resolve the case without further litigation. On May 14, 2021, President Biden revoked Executive Order 13933. On October 15, 2021, the parties filed a stipulation to dismiss the matter without prejudice. As a result, the case was closed.

Summary Authors

Rachel Harrington (3/7/2021)

Brillian Bao (9/27/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18538696/parties/city-of-portland-v-garland/


Judge(s)

Chen, Edward Milton (California)

Attorney for Plaintiff

Bee, Maria (California)

Gong, LiJia (California)

Habig, Jill Ellen (California)

Attorney for Defendant

Clendenen, Michael Patrick (District of Columbia)

show all people

Documents in the Clearinghouse

Document
1

3:20-cv-07184

Complaint for Declaratory and Injunctive Relief

The City of Portland and the City of Oakland v. Barr

Oct. 14, 2020

Oct. 14, 2020

Complaint
42

3:20-cv-07184

First Amended Complaint for Declaratory and Injunctive Relief

The City of Portland and the City of Oakland v. Wilkinson

Jan. 21, 2021

Jan. 21, 2021

Complaint
53

3:20-cv-07184

Joint Status Report

Sept. 15, 2021

Sept. 15, 2021

Findings Letter/Report
57

3:20-cv-07184

Stipulation of Dismissal of First Amended Complaint

Oct. 15, 2021

Oct. 15, 2021

Pleading / Motion / Brief
58

3:20-cv-07184

Order Dismissing First Amended Complaint Without Prejudice Without Prejudice

Oct. 16, 2021

Oct. 16, 2021

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18538696/city-of-portland-v-garland/

Last updated Feb. 20, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400, receipt number 0971-15065507.). Filed byCity Of Oakland. (Attachments: # 1 Civil Cover Sheet)(McPherson, Malia) (Filed on 10/14/2020) (Entered: 10/14/2020)

1 Civil Cover Sheet

View on PACER

Oct. 14, 2020

Oct. 14, 2020

Clearinghouse
2

Case assigned to Magistrate Judge Sallie Kim. 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 10/28/2020. (bwS, COURT STAFF) (Filed on 10/14/2020) (Entered: 10/15/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
3

Proposed Summons. (Gong, LiJia) (Filed on 10/15/2020) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER
4

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/18/2021. Initial Case Management Conference set for 1/25/2021 01:30 PM in San Francisco, Courtroom C, 15th Floor. (elyS, COURT STAFF) (Filed on 10/15/2020) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER
5

Summons Issued as to William P. Barr, United States Department of Homeland Security, United States Department of Justice, Chad F. Wolf, U.S. Attorney, and U.S. Attorney General (elyS, COURT STAFF) (Filed on 10/15/2020) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER

~Util - Case Assigned by Intake

Oct. 15, 2020

Oct. 15, 2020

PACER
6

NOTICE of Appearance by Victoria Stilwell (Stilwell, Victoria) (Filed on 10/16/2020) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
7

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15090208.) filed by City of Portland. (Attachments: # 1 Certificate/Proof of Service)(Taylor, Robert) (Filed on 10/20/2020) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER
8

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15090259.) filed by City of Portland. (Attachments: # 1 Certificate/Proof of Service)(Reeve, Tracy) (Filed on 10/20/2020) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER
9

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15090302.) filed by City of Portland. (Attachments: # 1 Certificate/Proof of Service)(Vannier, Denis) (Filed on 10/20/2020) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER
10

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15090320.) filed by City of Portland. (Attachments: # 1 Certificate/Proof of Service)(Sheffield, Naomi) (Filed on 10/20/2020) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER
11

ORDER by Magistrate Judge Sallie Kim granting 7 Motion for Pro Hac Vice. (sklc2S, COURT STAFF) (Filed on 10/21/2020) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
12

ORDER by Magistrate Judge Sallie Kim granting 9 Motion for Pro Hac Vice. (sklc2S, COURT STAFF) (Filed on 10/21/2020) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
13

ORDER by Magistrate Judge Sallie Kim granting 10 Motion for Pro Hac Vice. (sklc2S, COURT STAFF) (Filed on 10/21/2020) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
14

Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15090259.) Filing fee previously paid on 10/20/20 filed by City of Portland. (Attachments: # 1 Certificate/Proof of Service)(Reeve, Tracy) (Filed on 10/21/2020) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
15

ORDER Granting Application for Admission Pro Hac Vice signed by Magistrate Judge Sallie Kim: granting 14 Application. (shyS, COURT STAFF) (Filed on 10/22/2020) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

PACER
16

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City Of Oakland, City of Portland.. (Stilwell, Victoria) (Filed on 10/28/2020) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
17

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15126821.) filed by City Of Oakland, City of Portland. (Attachments: # 1 Certificate of Good Standing)(Miller, Jonathan) (Filed on 10/28/2020) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
18

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. 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. (shyS, COURT STAFF) (Filed on 10/29/2020) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER

Clerk's Notice of Impending Reassignment - Text Only

Oct. 29, 2020

Oct. 29, 2020

PACER
19

ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward M. Chen for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the 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 10/30/20. (Attachments: # 1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 10/30/2020) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
20

Order by Judge Edward M. Chen granting 17 Motion for Pro Hac Vice.(afmS, COURT STAFF) (Filed on 11/6/2020) (Entered: 11/08/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
21

CERTIFICATE OF SERVICE by City Of Oakland, City of Portland re 1 Complaint (Miller, Jonathan) (Filed on 11/9/2020) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER
22

NOTICE of Appearance by Jill Ellen Habig (Habig, Jill) (Filed on 11/12/2020) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER
23

CASE MANAGEMENT CONFERENCE ORDER IN REASSIGNED CASE: Initial Case Management Conference set for 2/11/2021 09:30 AM in San Francisco, Courtroom 05, 17th Floor. Joint Case Management Statement due by 2/4/2021. Signed by Judge Edward M. Chen on 11/16/2020. (afmS, COURT STAFF) (Filed on 11/16/2020) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
24

CERTIFICATE OF SERVICE by City Of Oakland, City of Portland re 20 Order on Motion for Pro Hac Vice, 12 Order on Motion for Pro Hac Vice, 16 Consent/Declination to Proceed Before a US Magistrate Judge, 19 Order,,, Case Assigned/Reassigned,, 18 Clerk's Notice of Impending Reassignment - Text Only,, 13 Order on Motion for Pro Hac Vice, 15 Order on Motion for Pro Hac Vice, 11 Order on Motion for Pro Hac Vice, 21 Certificate of Service (Miller, Jonathan) (Filed on 12/4/2020) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
25

NOTICE of Appearance by Jason Lynch on Behalf of All Defendants (Lynch, Jason) (Filed on 12/9/2020) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER
26

NOTICE of Appearance by Michael Patrick Clendenen (Clendenen, Michael) (Filed on 12/11/2020) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER
27

STIPULATION WITH PROPOSED ORDER to Extend Page Limitations on Defendants' Motion to Dismiss filed by William P. Barr, United States Department of Homeland Security, United States Department of Justice, Chad F. Wolf. (Lynch, Jason) (Filed on 12/16/2020) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

RECAP
28

MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss filed by City Of Oakland, City of Portland. (Attachments: # 1 Proposed Order)(Miller, Jonathan) (Filed on 12/16/2020) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
29

Order by Judge Edward M. Chen granting 27 Stipulation to Extend Page Limitations on Defendants' Motion to Dismiss. Defendants may file a motion to dismiss of up to 40 pages and a reply of up to 25 pages. (afmS, COURT STAFF) (Filed on 12/17/2020) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
30

MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer Venue filed by William P. Barr, United States Department of Homeland Security, United States Department of Justice, Chad F. Wolf. Motion Hearing set for 1/28/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. Responses due by 1/4/2021. Replies due by 1/11/2021. (Attachments: # 1 Declaration of Juliana Blackwell, # 2 Declaration of Neal J. Swartz)(Clendenen, Michael) (Filed on 12/21/2020) (Entered: 12/21/2020)

1 Declaration of Juliana Blackwell

View on RECAP

2 Declaration of Neal J. Swartz

View on PACER

Dec. 21, 2020

Dec. 21, 2020

PACER
31

NOTICE of Change In Counsel by Victoria Stilwell (Stilwell, Victoria) (Filed on 12/23/2020) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
32

(DISREGARD. SEE [34) Order by Judge Edward M. Chen granting 28 Motion for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss. Due 1/25/2021.(afmS, COURT STAFF) (Filed on 12/23/2020) Modified on 12/23/2020 (afmS, COURT STAFF). (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
33

CLERK'S NOTICE CONTINUING MOTION HEARING RE: 30 MOTION TO DISMISS FROM 1/28/2021 TO 2/11/2021: 30 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer Venue. Motion Hearing set for 1/28/2021 is vacated and rescheduled for 2/11/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. 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/emcGeneral 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/. Motion Hearing set for 2/11/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 12/23/2020) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
34

AMENDED ORDER granting 28 MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss filed by City Of Oakland, City of Portland. Opposition due 12/21/2020. Signed by Judge Edward M. Chen on 12/23/2020. (afmS, COURT STAFF) (Filed on 12/23/2020) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
35

CLERK'S NOTICE SETTING BRIEFING DEADLINES RE: 30 MOTION TO DISMISS: Briefing deadlines are as follows: Responses due by 1/21/2021. Replies due by 1/28/2021. Hearing set 2/11/2021 at 1:30PM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 12/23/2020) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
36

NOTICE of Change In Counsel by Tracy Pool Reeve (Reeve, Tracy) (Filed on 12/23/2020) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER

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

Dec. 23, 2020

Dec. 23, 2020

PACER

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

Dec. 23, 2020

Dec. 23, 2020

PACER

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

Dec. 23, 2020

Dec. 23, 2020

PACER

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

Dec. 24, 2020

Dec. 24, 2020

PACER
37

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Miller, Jonathan) (Filed on 1/5/2021) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
38

ADMINISTRATIVE MOTION for Extension of Time to Amend Under FRCP 15(a) filed by City Of Oakland, City of Portland. (Attachments: # 1 Declaration, # 2 Proposed Order)(Gong, LiJia) (Filed on 1/11/2021) Modified on 1/12/2021 (afmS, COURT STAFF). (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
39

CLERK'S NOTICE: The Government has until Friday, 1/15/2021, 5PM (PST) to respond to 38 ADMINISTRATIVE MOTION for Extension of Time to Amend Under FRCP 15(a). (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 1/12/2021) (Entered: 01/12/2021)

Jan. 12, 2021

Jan. 12, 2021

PACER

Clerk's Notice

Jan. 13, 2021

Jan. 13, 2021

PACER
40

OPPOSITION/RESPONSE (re 38 ADMINISTRATIVE MOTION ) filed byWilliam P. Barr, United States Department of Homeland Security, United States Department of Justice, Chad F. Wolf. (Lynch, Jason) (Filed on 1/15/2021) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER
41

ORDER GRANTING 38 Administrative Motion for Extension of Time to Amend Under FRCP 15(a). Plaintiffs may file an amended complaint on or before 1/21/2021. Defendants motion to dismiss, Docket No. 30, is dismissed as moot in light of the forthcoming amended complaint. Signed by Judge Edward M. Chen on 1/18/2021. (afmS, COURT STAFF) (Filed on 1/18/2021) (Entered: 01/18/2021)

Jan. 18, 2021

Jan. 18, 2021

PACER
42

AMENDED COMPLAINT against All Defendants. Filed byCity of Portland, City Of Oakland. (Miller, Jonathan) (Filed on 1/21/2021) (Entered: 01/21/2021)

Jan. 21, 2021

Jan. 21, 2021

Clearinghouse
43

STIPULATION WITH PROPOSED ORDER to Extend Deadlines and Page Limits filed by David P. Pekoske, United States Department of Homeland Security, United States Department of Justice, Robert M Wilkinson. (Lynch, Jason) (Filed on 1/27/2021) (Entered: 01/27/2021)

Jan. 27, 2021

Jan. 27, 2021

PACER
44

Order as Modified by Judge Edward M. Chen granting 43 Stipulation to Extend Deadlines and Page Limits. Response and/or Motion due 3/5/2021. Page limits: 35 pages for the motion and opposition and 20 pages for the reply. Initial Case Management Conference reset for 4/1/2021 09:30 AM in San Francisco, - Videoconference Only. Joint Case Management Statement due by 3/25/2021.(afmS, COURT STAFF) (Filed on 1/28/2021) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

RECAP
45

STIPULATION WITH PROPOSED ORDER filed by City Of Oakland, City of Portland. (Attachments: # 1 Declaration)(Miller, Jonathan) (Filed on 2/22/2021) (Entered: 02/22/2021)

1 Declaration

View on PACER

Feb. 22, 2021

Feb. 22, 2021

RECAP
46

Order by Judge Edward M. Chen granting 45 Stipulation. Parties to file with the Court a joint status report every 60 days. The joint status reports shall be filed on or before: 4/15/2021; 6/15/2021; 8/16/2021. Joint Case Management Statement due by 9/30/2021. Initial Case Management Conference set for 4/1/2021 is vacated and rescheduled for 10/7/2021 09:30 AM in San Francisco, Courtroom 05, 17th Floor.(afmS, COURT STAFF) (Filed on 2/23/2021) (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

PACER
47

JOINT STATUS REPORT filed by David P. Pekoske, United States Department of Homeland Security, United States Department of Justice, Robert M Wilkinson. (Lynch, Jason) (Filed on 4/15/2021) (Entered: 04/15/2021)

April 15, 2021

April 15, 2021

PACER
48

ORDER approving 47 Status Report filed by Robert M Wilkinson, David P. Pekoske, United States Department of Justice, United States Department of Homeland Security. Further report due 6/15/2021. Signed by Judge Edward M. Chen on 4/15/2021. (afmS, COURT STAFF) (Filed on 4/16/2021) (Entered: 04/18/2021)

April 16, 2021

April 16, 2021

PACER
49

STATUS REPORT (Joint) by David P. Pekoske, United States Department of Homeland Security, United States Department of Justice, Robert M Wilkinson. (Clendenen, Michael) (Filed on 6/15/2021) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
50

ORDER Approving 49 Joint Status Report filed by Robert M Wilkinson, David P. Pekoske, United States Department of Justice, United States Department of Homeland Security. Signed by Judge Edward M. Chen on 06/15/2021. (bxs, COURT STAFF) (Filed on 6/15/2021) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

RECAP
51

STATUS REPORT (Joint) Proposing another Joint Status Report by September 15, 2021, by United States Department of Homeland Security, United States Department of Justice. (Lynch, Jason) (Filed on 8/16/2021) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
52

ORDER approving 51 Status Report filed by United States Department of Justice, United States Department of Homeland Security. Signed by Judge Edward M. Chen on 8/16/2021. (afmS, COURT STAFF) (Filed on 8/16/2021) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
53

STATUS REPORT (Joint) by Merrick Garland, David P. Pekoske, United States Department of Homeland Security, United States Department of Justice, Robert M Wilkinson. (Lynch, Jason) (Filed on 9/15/2021) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

Clearinghouse
54

NOTICE of Change In Counsel by LiJia Gong (Gong, LiJia) (Filed on 9/15/2021) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
55

ORDER approving 53 Status Report filed by Merrick Garland, Robert M Wilkinson, David P. Pekoske, United States Department of Justice, United States Department of Homeland Security. Status Report due 10/15/2021. Signed by Judge Edward M. Chen on 9/15/2021. (afmS, COURT STAFF) (Filed on 9/15/2021) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
56

STATUS REPORT (Joint) by Merrick Garland, David P. Pekoske, United States Department of Homeland Security, United States Department of Justice, Robert M Wilkinson. (Lynch, Jason) (Filed on 10/15/2021) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
57

STIPULATION WITH PROPOSED ORDER to Dismiss Case Under Fed. R. Civ. P. 41(a) filed by Merrick Garland, David P. Pekoske, United States Department of Homeland Security, United States Department of Justice, Robert M Wilkinson. (Lynch, Jason) (Filed on 10/15/2021) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

Clearinghouse
58

ORDER GRANTING 57 STIPULATION OF DISMISSAL OF FIRST AMENDED COMPLAINT WITHOUT PREJUDICE. Signed by Judge Edward M. Chen on 10/15/2021. (afmS, COURT STAFF) (Filed on 10/16/2021) (Entered: 10/16/2021)

Oct. 16, 2021

Oct. 16, 2021

RECAP

Case Details

State / Territory: California

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Litigation Against Federal Police (2020)

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 14, 2020

Closing Date: Oct. 15, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

City of Portland, OR and City of Oakland, CA.

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Justice (- United States (national) -), Federal

Department of Homeland Security (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Federalism (including 10th Amendment)

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Pattern or Practice