Case: City and County of San Francisco v. Sessions

3:17-cv-04642 | U.S. District Court for the Northern District of California

Filed Date: Aug. 11, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

The City and County of San Francisco filed this lawsuit against the U.S. Department of Justice (DOJ) on Aug. 11, 2017, in the U.S. District Court for the Northern District of California. The plaintiff explained that following a series of Trump Administration efforts to target so-called "sanctuary cities," the Administration released a new such policy on July 25, 2017. It imposed two new conditions on recipients of federal funding for policing (such as San Francisco) including: "to (1) provide f…

The City and County of San Francisco filed this lawsuit against the U.S. Department of Justice (DOJ) on Aug. 11, 2017, in the U.S. District Court for the Northern District of California. The plaintiff explained that following a series of Trump Administration efforts to target so-called "sanctuary cities," the Administration released a new such policy on July 25, 2017. It imposed two new conditions on recipients of federal funding for policing (such as San Francisco) including: "to (1) provide federal immigration officials access to local detention facilities to interrogate any suspected aliens held there ('Access Requirement'); and (2) provide the Department of Homeland Security ('DHS') with 48 hours’ notice before releasing an individual, where the federal government has requested notice in order to take that individual into custody for immigration reasons ('Notice Requirement') (together, the 'Notice and Access Requirements')." San Francisco argued that the Notice and Access Requirements could compel city officials "to unlawfully hold inmates longer than they otherwise would to ensure that DHS receives the required 48 hours of advance notice" and would force the plaintiff to ignore its own laws. As such, the plaintiff argued that the Notice and Access Requirements violated the U.S. Constitution's separation of powers and spending clauses. The plaintiff sought declaratory and injunctive relief to ensure it retains federal funding while preventing the defendant from enforcing its newest policy.

San Francisco's "sanctuary city laws" prohibit city employees from using city resources to enforce federal immigration laws unless legally required to do so. Specifically, local law enforcement officers are prohibited from cooperating with U.S. Immigration and Customs Enforcement (ICE) voluntary detainer requests, and are also limited in when they may provide the federal government advance notice of a person’s release from jail. The plaintiff's complaint states that the city enacted these laws "based on robust evidence showing that San Francisco is a safer, healthier, and stronger city when its officials do not enforce federal immigration laws."

San Francisco's complaint stated that the funding at risk comes from the Edward Byrne Memorial Justice Assistance Grant Program (Byrne JAG). By imposing new conditions on this funding, the plaintiff alleged, the Notice and Access Requirements threatened the implementation of the plaintiff's sanctuary city laws while also threatening a critical source of municipal funding.

The case was assigned to Judge Saundra Brown Armstrong on Aug. 15, and reassigned to Judge William H. Orrick on Aug. 24.

On Aug. 17, the State of California moved to relate this case to its own case, State of California v. Sessions, also challenging the Byrne JAG funding conditions. On Aug. 23, the U.S. consented to relate the case but reserved the right to make objections. Judge Orrick then related the two cases on Aug. 25.

The City of Los Angeles moved to intervene on Aug. 22; DOJ opposed this motion on Aug. 29 and Los Angeles replied the next day. Judge Orrick denied the motion on Sept. 11.

DOJ requested an extension of time to answer the complaint. San Francisco objected, noting that the government had recently moved to stay the nationwide injunction in Chicago v. Sessions. Judge Orrick nevertheless granted DOJ's request.

DOJ moved for summary judgment on Oct. 31. It argued that statutory language (in the INA and Byrne JAG statute) authorized DOJ to impose the immigration-related conditions on the grants, without violating the Separation of Powers or Spending Clause principles.

San Francisco filed an amended complaint on Dec. 12, noting that DOJ's grant conditions included San Francisco's compliance with 8 U.S.C. § 1373, which provides that a local government entity cannot prohibit or restrict communication between government entities or officials and federal immigration authorities. San Francisco requested a declaration that it complies with § 1373.

Judge Orrick held a motion hearing on summary judgment on Dec. 13.

On Jan. 19, 2018, DOJ moved to dismiss the case. DOJ argued that the challenged conditions were not unlawful under any statutes, the Separation of Powers Clause, the Spending Clause, or any independent constitutional bar. DOJ also maintained that San Francisco was not entitled to a declaration of its compliance with § 1373 due to lack of standing and ripeness. San Francisco responded on Feb. 2, and DOJ replied on Feb. 14.

After a Feb. 28 motion hearing, on Mar. 5, Judge Orrick denied DOJ's motion to dismiss. First, Judge Orrick held that San Francisco had standing because it had a well-founded fear of enforcement, injury-in-fact, and ripe claims (because DOJ would not provide a Byrne JAG grant to San Francisco due to its sanctuary city laws), similar to how the plaintiffs in Judge Orrick's other cases County of Santa Clara v. Trump and State of California v. Sessions established standing. Next, Judge Orrick held that San Francisco had stated legally sufficient claims for relief with respect to the notice and access conditions, following the reasoning in City of Chicago v. Sessions and City of Philadelphia v. Sessions which found the conditions to exceed DOJ's statutory and constitutional authority.

On Sept. 10, 2018, the court related this case to two additional cases: City and County of San Francisco v. Sessions III and State of California v. Sessions.

On October 5, 2018, Judge Orrick granted summary judgment for San Francisco. 2018 WL 4859528. The court held that the challenged conditions violated the separation of powers and that the DOJ exceeded its Spending Power and therefore violated the Constitution. The court reasoned that Congress inappropriately delegated its spending power to the executive, and that even if validly delegated, the conditions were too ambiguous and unrelated to their goal for the DOJ to validly exercise the delegated power. The court also held that the conditions were arbitrary and capricious under the APA, because the DOJ did not give adequate reasons for imposing the conditions and it did not consider important problems with its conditions. Finally, the court held that California and San Francisco's laws comply with the federal conditions anyway under the court's interpretation of Section 1373 "limiting it to information relevant to citizenship or immigration status not including release date information" and not requiring "state and local governments to share contact information and release status information with federal immigration officials." The court thus issued a nationwide injunction.

On November 20, 2018 the court amended the judgment, at the government's request, so that it would not preclude the DOJ from bringing preemption claims under other federal statutes. The amended judgment retained the prohibition on the government from relying on § 1373 as an independent federal ground for placing conditions on other programs.

The DOJ appealed to the Ninth Circuit (docket #18-17308). The Ninth Circuit finally heard oral argument on December 2, 2019. On July 20, 2002, the Ninth Circuit ( Circuit Judges Richard R. Clifton, William A. Fletcher, and Eric D. Miller) affirmed in part, and vacated in part, the district court’s grant of summary judgment. 965 F.3d 753. The Ninth Circuit upheld the injunction barring DOJ from using Access and Notice Conditions as Byrne funding requirements for any California state entity and the injunction barring DOJ from denying funds based on plaintiffs’ alleged non-compliance with § 1373. However, the Court limited the reach of the injunction to California’s borders, finding that the district court abused its discretion in granting a nationwide injunction. Though San Francisco offered evidence of other locations across the country that may like an injunction against the funding requirements, the Court found that nothing in the record suggested that such broad relief was needed to fully protect the plaintiffs.

On November 13, 2020, the government filed a petition for a writ of certiorari with the Supreme Court (docket #20-666). In response to the petition, on January 13, 2021, California suggested that the Supreme Court defer action on the petition until President Joseph Biden took office and it could understand the incoming administration’s stance on these issues. After President Biden took office, the government filed a letter on January 27, 2021, agreeing with California, and recommended the Court hold the petition in abeyance. In addition, the government recommended that the petition in this case be consolidated with similar petitions filed in New York v. Department of Justice and City of New York v. Whitake. The parties filed a joint stipulation to dismiss the cert petition on March 4, 2021. The case is ongoing.

Summary Authors

Virginia Weeks (8/29/2017)

Ava Morgenstern (4/21/2018)

Virginia Weeks (12/4/2018)

Sam Kulhanek (4/19/2020)

Emily Kempa (5/14/2021)

Related Cases

City and County of San Francisco v. Trump, Northern District of California (2017)

State of California v. Sessions, Northern District of California (2017)

City and County of San Francisco v. Sessions III, Northern District of California (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6137358/parties/city-and-county-of-san-francisco-v-sessions/


Judge(s)

Armstrong, Saundra Brown (California)

Clifton, Richard R. (Hawaii)

Attorney for Plaintiff
Attorney for Defendant
Expert/Monitor/Master/Other

Almadani, Monica Marie-Ramirez (California)

Amdur, Spencer E. W. (California)

Clark, James Patrick (California)

show all people

Documents in the Clearinghouse

Document

3:17-cv-04642

3:17-00485

0:18-17308

Docket [PACER]

Nov. 18, 2020

Nov. 18, 2020

Docket
1

3:17-cv-04642

Complaint for Declaratory and Injunctive Relief

Aug. 11, 2017

Aug. 11, 2017

Complaint
46

3:17-cv-04642

Defendants' Notice of Motion and Motion For Summary Judgment; Memorandum of Points and Authorities

Oct. 31, 2017

Oct. 31, 2017

Pleading / Motion / Brief
61

3:17-cv-04642

First Amended Complaint for Declaratory and Injunctive Relief

Dec. 12, 2017

Dec. 12, 2017

Complaint
66

3:17-cv-04642

Defendants' Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities

Jan. 19, 2018

Jan. 19, 2018

Pleading / Motion / Brief
67

3:17-cv-04642

Plaintiff City and County of San Francisco's Opposition to Defendants' Notice of Motion and Motion to Dismiss

Feb. 2, 2018

Feb. 2, 2018

Pleading / Motion / Brief
72

3:17-cv-04642

Reply in Support of Defendants' Motion to Dismiss

Feb. 14, 2018

Feb. 14, 2018

Pleading / Motion / Brief
78

3:17-cv-04642

Order Denying Motion to Dismiss

March 5, 2018

March 5, 2018

Order/Opinion

2018 WL 2018

145

3:17-cv-04642

Order Regarding Motions for Summary Judgment

Oct. 5, 2018

Oct. 5, 2018

Order/Opinion

349 F.Supp.3d 349

91

3:17-cv-04642

0:18-17308

0:18-17311

3:17-04701

Opinion

City and County of San Francisco v. Barr

U.S. Court of Appeals for the Ninth Circuit

July 13, 2020

July 13, 2020

Order/Opinion

965 F.3d 965

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6137358/city-and-county-of-san-francisco-v-sessions/

Last updated Jan. 27, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Complaint for Declaratory and Injunctive Relief against Department of Justice, Alan R Hanson, Jefferson Beauregard Sessions, III ( Filing fee $ 400, receipt number 0971-11624195.). Filed byCity and County of San Francisco. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(Herrera, Dennis) (Filed on 8/11/2017) (Entered: 08/11/2017)

1 Exhibit A

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2 Exhibit B

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3 Civil Cover Sheet

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Aug. 11, 2017

Aug. 11, 2017

RECAP
2

Proposed Summons. (Herrera, Dennis) (Filed on 8/11/2017) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

RECAP
3

Case assigned to Magistrate Judge Maria-Elena James. 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 8/25/2017. (jmlS, COURT STAFF) (Filed on 8/11/2017) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
4

NOTICE of Appearance by Mollie M Lee Notice of Appearance of Counsel (Lee, Mollie) (Filed on 8/11/2017) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
5

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City and County of San Francisco.. (Lee, Mollie) (Filed on 8/11/2017) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
6

NOTICE of Appearance by Aileen Marie McGrath Notice of Appearance of Counsel (McGrath, Aileen) (Filed on 8/11/2017) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
7

NOTICE of Appearance by Christine Van Aken Notice of Appearance of Counsel (Van Aken, Christine) (Filed on 8/11/2017) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
8

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. (rmm2S, COURT STAFF) (Filed on 8/14/2017) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
9

NOTICE of Appearance by Ronald P. Flynn Notice of Appearance of Counsel (Flynn, Ronald) (Filed on 8/14/2017) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
10

NOTICE of Appearance by Yvonne Rosil Mere Notice of Appearance of Counsel (Mere, Yvonne) (Filed on 8/14/2017) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
11

NOTICE of Appearance by Tara M. Steeley Notice of Appearance of Counsel (Steeley, Tara) (Filed on 8/14/2017) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
12

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/2/2017. Initial Case Management Conference set for 11/9/2017 10:00 AM. (hdjS, COURT STAFF) (Filed on 8/14/2017) (Entered: 08/15/2017)

Aug. 14, 2017

Aug. 14, 2017

RECAP
13

Summons Issued as to Department of Justice, Alan R Hanson, Jefferson Beauregard Sessions, III, U.S. Attorney and U.S. Attorney General (hdjS, COURT STAFF) (Filed on 8/15/2017) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

RECAP
14

ORDER, Case reassigned to Judge Saundra Brown Armstrong. Magistrate Judge Maria-Elena James no longer assigned to the case.. Signed by Executive Committee on 8/15/17. (haS, COURT STAFF) (Filed on 8/15/2017) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
15

CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASE. Joint Case Management Statement due by 11/8/2017. Telephonic Case Management Conference set for 11/15/2017 02:30 PM. Signed by Judge Saundra B Armstrong on 8/16/17. (dtmS, COURT STAFF) (Filed on 8/16/2017) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

RECAP
16

NOTICE of Appearance by Lee Isaac Sherman for Non-Party State of California (Sherman, Lee) (Filed on 8/16/2017) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
17

MOTION to Relate Case filed by State of California. (Sherman, Lee) (Filed on 8/17/2017) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
18

Declaration of Lee Sherman Support California's Motion to Relate Cases filed byState of California. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration)(Sherman, Lee) (Filed on 8/17/2017) (Entered: 08/17/2017)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Aug. 17, 2017

Aug. 17, 2017

PACER
19

Proposed Order Granting State of California's Administrative Motion to Relate Cases by State of California. (Sherman, Lee) (Filed on 8/17/2017) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
20

MOTION to Intervene filed by City of Los Angeles. Motion Hearing set for 10/11/2017 01:00 PM before Hon. Saundra Brown Armstrong. Responses due by 9/5/2017. Replies due by 9/12/2017. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Kamin, Mitchell) (Filed on 8/22/2017) (Entered: 08/22/2017)

1 Exhibit A

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2 Exhibit B

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3 Proposed Order

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Aug. 22, 2017

Aug. 22, 2017

PACER
21

MOTION to Shorten Time filed by City of Los Angeles. (Attachments: # 1 Exhibit A, # 2 Declaration of James Clark in support, # 3 Proposed Order)(Kamin, Mitchell) (Filed on 8/22/2017) (Entered: 08/22/2017)

1 Exhibit A

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2 Declaration of James Clark in support

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3 Proposed Order

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Aug. 22, 2017

Aug. 22, 2017

PACER
22

CERTIFICATE OF SERVICE by City of Los Angeles re 20 MOTION to Intervene, 21 MOTION to Shorten Time (Kamin, Mitchell) (Filed on 8/22/2017) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
23

CERTIFICATE OF SERVICE by City and County of San Francisco (Lee, Mollie) (Filed on 8/22/2017) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

RECAP
24

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11650491.) filed by City of Los Angeles. (Ventresca, Ivano) (Filed on 8/22/2017) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
25

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11650812.) filed by City of Los Angeles. (Zionts, David) (Filed on 8/22/2017) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
26

NOTICE of Appearance by Monica Marie-Ramirez Almadani (Almadani, Monica) (Filed on 8/22/2017) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
27

NOTICE of Appearance by Michael Joseph Dundas (Dundas, Michael) (Filed on 8/23/2017) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
28

NOTICE of Appearance by James Patrick Clark (Clark, James) (Filed on 8/23/2017) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
29

NOTICE of Appearance by Michael Nelson Feuer (Feuer, Michael) (Filed on 8/23/2017) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
30

Statement of Non-Opposition re 17 MOTION to Relate Case filed byDepartment of Justice, Alan R Hanson, Jefferson Beauregard Sessions, III. (Related document(s) 17 ) (Simpson, W.) (Filed on 8/23/2017) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
31

NOTICE of Appearance by Neema Sahni (Sahni, Neema) (Filed on 8/23/2017) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
32

RELATED CASE ORDER. This matter is found to be related to Case No. 3:17cv485-WHO. Signed by Judge William H. Orrick on 08/23/2017. (jmdS, COURT STAFF) (Filed on 8/23/2017) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
33

ORDER REASSIGNING CASE. Case reassigned to Judge William H. Orrick for all further proceedings. Hon. Saundra Brown Armstrong 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 Judge Executive Committee on 8/24/2017. (Attachments: # 1 Notice of Eligibility for Video Recording)(jmlS, COURT STAFF) (Filed on 8/24/2017) Modified on 8/25/2017 (tlhS, COURT STAFF). (Entered: 08/24/2017)

1 Notice of Eligibility for Video Recording

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Aug. 24, 2017

Aug. 24, 2017

PACER
34

RELATED CASE ORDER. Case No. 3:17cv4701 will be reassigned and related. Signed by Judge William H. Orrick on 08/25/2017. (jmdS, COURT STAFF) (Filed on 8/25/2017) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
35

Order by Hon. William H. Orrick granting 24 Motion for Pro Hac Vice by Ivano M. Ventresca. (jmdS, COURT STAFF) (Filed on 8/28/2017) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
36

OPPOSITION/RESPONSE (re 20 MOTION to Intervene ) filed byDepartment of Justice, Alan R Hanson, Jefferson Beauregard Sessions, III. (Simpson, W.) (Filed on 8/28/2017) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

RECAP
37

REPLY (re 20 MOTION to Intervene ) filed byCity of Los Angeles. (Kamin, Mitchell) (Filed on 8/30/2017) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER
38

Order by Hon. William H. Orrick granting 25 Motion for Pro Hac Vice by Zionts. (jmdS, COURT STAFF) (Filed on 8/31/2017) (Entered: 08/31/2017)

Aug. 31, 2017

Aug. 31, 2017

PACER
39

ORDER DENYING 20 MOTION TO INTERVENE by Hon. William H. Orrick. (jmdS, COURT STAFF) (Filed on 9/11/2017) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

RECAP
40

MOTION for Extension of Time to File Response/Reply as to 1 Complaint, filed by Department of Justice, Alan R Hanson, Jefferson Beauregard Sessions, III. (Attachments: # 1 Memorandum Opinion and Order, Chicago v. Sessions, # 2 Motion to Stay Nationwide Application of Preliminary Injunction, Chicago v. Sessions, # 3 Declaration of W. Scott Simpson)(Simpson, W.) (Filed on 10/6/2017) (Entered: 10/06/2017)

1 Memorandum Opinion and Order, Chicago v. Sessions

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2 Motion to Stay Nationwide Application of Preliminary Injunction, Chicago v. Ses

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3 Declaration of W. Scott Simpson

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Oct. 6, 2017

Oct. 6, 2017

PACER
41

OPPOSITION/RESPONSE (re 40 MOTION for Extension of Time to File Response/Reply as to 1 Complaint, ) Plaintiff City and County of San Francisco's Opposition to Defendants' Motion for Enlargement of Time filed byCity and County of San Francisco. (McGrath, Aileen) (Filed on 10/10/2017) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
42

Declaration of Aileen M. McGrath in Support of 41 Opposition/Response to Motion, Declaration of Aileen M. McGrath in Support of City and County of San Francisco's Opposition to Defendants' Motion for Enlargement of Time filed byCity and County of San Francisco. (Related document(s) 41 ) (McGrath, Aileen) (Filed on 10/10/2017) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
43

ORDER GRANTING ENLARGEMENT OF TIME TO RESPOND TO COMPLAINT by Judge William H. Orrick granting 40 Motion for Extension of Time. The federal defendants shall respond to the Complaint on or before October 31, 2017. (jmdS, COURT STAFF) (Filed on 10/11/2017) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
44

CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 11/21/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Case Management Statement due by 11/14/2017. Signed by Judge William H. Orrick on 10/19/2017. (jmdS, COURT STAFF) (Filed on 10/19/2017) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

RECAP
45

CERTIFICATE OF SERVICE by City and County of San Francisco re 44 Case Management Scheduling Order, (McGrath, Aileen) (Filed on 10/25/2017) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
46

MOTION for Summary Judgment filed by Department of Justice, Alan R Hanson, Jefferson Beauregard Sessions, III. Motion Hearing set for 12/6/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Judge William H. Orrick. Responses due by 11/14/2017. Replies due by 11/21/2017. (Attachments: # 1 Declaration of Alan R. Hanson, # 2 Mem. from Michael E. Horowitz, Inspector Gen., to Karol V. Mason, Assistant Atty Gen., OJP, # 3 Proposed Order)(Simpson, W.) (Filed on 10/31/2017) (Entered: 10/31/2017)

1 Declaration of Alan R. Hanson

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2 Mem. from Michael E. Horowitz, Inspector Gen., to Karol V. Mason, Assistant Att

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3 Proposed Order

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Oct. 31, 2017

Oct. 31, 2017

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47

ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 11/6/2017) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
48

NOTICE of Appearance by Sara Jennifer Eisenberg (Eisenberg, Sara) (Filed on 11/7/2017) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
49

CLERK'S NOTICE - Hearing as to 46 MOTION for Summary Judgment is continued to 12/13/2017 02:00 PM in Courtroom 4, 17th Floor, San Francisco before Judge William H. Orrick. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 11/9/2017) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
50

STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order For Continuance of Time to Respond to Defendants' Motion for Summary Judgment filed by City and County of San Francisco. (McGrath, Aileen) (Filed on 11/13/2017) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
51

Order for Continuance of Time to Respond to Defendants' Motion for Continuance of Time to Respond to Defendants' Motion for Summary Judgment by Judge William H. Orrick granting 50 Stipulation. (jmdS, COURT STAFF) (Filed on 11/13/2017) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
52

Joint ADMINISTRATIVE MOTION Relief from Automatic Referral to the ADR Multi-Option Program re 12 Initial Case Management Scheduling Order with ADR Deadlines filed by Department of Justice, Alan R Hanson, Jefferson Beauregard Sessions, III. Responses due by 11/20/2017. (Attachments: # 1 Proposed Order)(Simpson, W.) (Filed on 11/14/2017) (Entered: 11/14/2017)

1 Proposed Order

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Nov. 14, 2017

Nov. 14, 2017

PACER
53

CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by City and County of San Francisco. (McGrath, Aileen) (Filed on 11/14/2017) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
54

Order by Judge William H. Orrick granting 52 Administrative Motion for Relief from Automatic Referral to the ADR Multi-Option Program. (jmdS, COURT STAFF) (Filed on 11/16/2017) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER
55

ORDER REGARDING AMICUS BRIEFING. Signed by Judge William H. Orrick on 11/20/2017. (jmdS, COURT STAFF) (Filed on 11/20/2017) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

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56

Minute Entry for proceedings held before Judge William H. Orrick: Case Management Conference held on 11/27/2018. Close of Fact Discovery: 6/29/2018. Dispositive Motion to be heard by 9/5/2018. Pretrial Conference set for 11/13/2018 02:00 PM and Bench Trial set for 12/10/2018 09:00 AM, both in Courtroom 2, 17th Floor before Judge William H. Orrick. FTR Time: 2:39-2:59. Plaintiff Attorneys: Aileen McGrath, Mollie Lee, Lisa Ehrlich, Sarah Belton, and Lee Sherman. Defendant Attorneys: Antonia Konkoly and W. Scott Simpson. (jmdS, COURT STAFF) (Date Filed: 11/21/2017) Matter transcribed by Victoria Valine. (notewarelS, COURT STAFF). (Entered: 11/27/2017)

Nov. 21, 2017

Nov. 21, 2017

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CIVIL PRETRIAL ORDER. Signed by Judge William H. Orrick on 11/27/2017. (jmdS, COURT STAFF) (Filed on 11/27/2017) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

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58

TRANSCRIPT ORDER for proceedings held on 11/21/2017 before Judge William H. Orrick by City and County of San Francisco, for Court Reporter FTR - San Francisco. (McGrath, Aileen) (Filed on 11/29/2017) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER
59

STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order to Set Upcoming Deadlines filed by City and County of San Francisco. (McGrath, Aileen) (Filed on 12/1/2017) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
60

Order to Set Upcoming Deadlines by Judge William H. Orrick granting 59 Stipulation. Close of Fact Discovery: 7/31/2018. Motion Hearing on any responsive motion to amended complaint set for 2/28/2018 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Judge William H. Orrick. (jmdS, COURT STAFF) (Filed on 12/4/2017) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

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61

AMENDED COMPLAINT First Amended Complaint for Declaratory and Injunctive Relief against All Defendants. Filed byCity and County of San Francisco. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Herrera, Dennis) (Filed on 12/12/2017) (Entered: 12/12/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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Dec. 12, 2017

Dec. 12, 2017

PACER
62

TRANSCRIPT ORDER for proceedings held on 12/13/2017 before Judge William H. Orrick by City and County of San Francisco, for Court Reporter Katherine Sullivan. (McGrath, Aileen) (Filed on 12/13/2017) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

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63

Transcript of Proceedings held on November 21, 2017, before Judge William H. Orrick. Court Reporter/Transcriber Victoria L. Valine, telephone number victoriavalinecsr@gmail.com. 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 (58 in 3:17-cv-04642-WHO) Transcript Order, (59 in 3:17-cv-04701-WHO) Transcript Order, ) Redaction Request due 1/9/2018. Redacted Transcript Deadline set for 1/19/2018. Release of Transcript Restriction set for 3/19/2018. (vlv, COURT STAFF) (Filed on 12/19/2017) (Entered: 12/19/2017)

Dec. 19, 2017

Dec. 19, 2017

PACER
64

STIPULATION WITH PROPOSED ORDER filed by Alan R Hanson, Jefferson Beauregard Sessions, III, United States Department of Justice. (Simpson, W.) (Filed on 1/18/2018) (Entered: 01/18/2018)

Jan. 18, 2018

Jan. 18, 2018

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65

Order by Judge William H. Orrick granting 64 Stipulation to expand page limit restrictions. (jmdS, COURT STAFF) (Filed on 1/19/2018) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
66

MOTION to Dismiss filed by Alan R Hanson, Jefferson Beauregard Sessions, III, United States Department of Justice. Motion Hearing set for 2/28/2018 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 2/2/2018. Replies due by 2/9/2018. (Attachments: # 1 Request for Judicial Notice, # 2 Proposed Order)(Simpson, W.) (Filed on 1/19/2018) (Entered: 01/19/2018)

1 Request for Judicial Notice

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2 Proposed Order

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Jan. 19, 2018

Jan. 19, 2018

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67

OPPOSITION/RESPONSE (re 66 MOTION to Dismiss ) PLAINTIFF CITY AND COUNTY OF SAN FRANCISCO'S OPPOSITION TO DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS filed byCity and County of San Francisco. (Eisenberg, Sara) (Filed on 2/2/2018) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

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68

Request for Judicial Notice re 67 Opposition/Response to Motion, filed byCity and County of San Francisco. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Related document(s) 67 ) (Eisenberg, Sara) (Filed on 2/2/2018) (Entered: 02/02/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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Feb. 2, 2018

Feb. 2, 2018

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69

STIPULATION WITH PROPOSED ORDER re 67 Opposition/Response to Motion, filed by Alan R Hanson, Jefferson Beauregard Sessions, III, United States Department of Justice. (Simpson, W.) (Filed on 2/7/2018) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
70

STIPULATION AND ORDER resetting deadline as to 66 MOTION to Dismiss. Replies due by 2/14/2018. Hearing remains schedules for 2/28/2018. Signed by Judge William H. Orrick on 02/07/2018. (jmdS, COURT STAFF) (Filed on 2/7/2018) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

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71

Clerk's Notice of Video Recording Request. A request has been received for video recording of hearing set for 2/28/2018 02:00 PM. Any Objections to Video Recording are due by 2/15/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 2/8/2018) (jmdS, COURT STAFF). (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
72

REPLY (re 66 MOTION to Dismiss ) filed byAlan R Hanson, Jefferson Beauregard Sessions, III, United States Department of Justice. (Simpson, W.) (Filed on 2/14/2018) (Entered: 02/14/2018)

Feb. 14, 2018

Feb. 14, 2018

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Clerk's Notice - Parties CONSENT TO Video Recording; no objections have been received re: 71 Clerk's Notice of Video Recording Request. (Related documents(s) 71 ) (jmdS, COURT STAFF) (Filed on 2/20/2018) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

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74

TRANSCRIPT ORDER for proceedings held on 2/28/2018 before Judge William H. Orrick by City and County of San Francisco, for Court Reporter Lydia Zinn. (McGrath, Aileen) (Filed on 2/28/2018) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

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Minute Entry for proceedings held before Judge William H. Orrick: Motion Hearing held on 2/28/2018 re: motions to dismiss. Motions taken under submission; written order to follow. Case Management Statement due by 3/20/2018. Case Management Conference set for 3/27/2018 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Total Time in Court: 1 hour. Court Reporter: Lydia Zinn. (jmdS, COURT STAFF) (Date Filed: 2/28/2018) (Entered: 03/01/2018)

Feb. 28, 2018

Feb. 28, 2018

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75

TRANSCRIPT ORDER for proceedings held on 2/28/2018 before Judge William H. Orrick by State of California, for Court Reporter Lydia Zinn. (Sherman, Lee) (Filed on 3/1/2018) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

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77

Transcript of Proceedings held on 2/28/2018, before Judge William H. Orrick. Court Reporter/Transcriber Lydia Zinn, telephone number (415) 531-6587. 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 (84 in 3:17-cv-04701-WHO) Transcript Order, (75 in 3:17-cv-04642-WHO) Transcript Order, (74 in 3:17-cv-04642-WHO) Transcript Order ) Redacted Transcript Deadline set for 4/2/2018. Release of Transcript Restriction set for 5/31/2018. (zinnlr62S, COURT STAFF) (Filed on 3/2/2018) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
78

ORDER DENYING 66 MOTION TO DISMISS by Judge William H. Orrick. (jmdS, COURT STAFF) (Filed on 3/5/2018) (Entered: 03/05/2018)

March 5, 2018

March 5, 2018

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79

MOTION for Extension of Time to File Answer re 61 Amended Complaint, filed by Alan R Hanson, Jefferson Beauregard Sessions, III, United States Department of Justice. (Attachments: # 1 Declaration of W. Scott Simpson, # 2 Proposed Order)(Simpson, W.) (Filed on 3/14/2018) (Entered: 03/14/2018)

1 Declaration of W. Scott Simpson

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2 Proposed Order

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March 14, 2018

March 14, 2018

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80

OPPOSITION/RESPONSE (re 79 MOTION for Extension of Time to File Answer re 61 Amended Complaint, ) Plaintiff City and County of San Francisco's Opposition to Defendants' Motion for Enlargement of Time to Answer Complaints filed byCity and County of San Francisco. (McGrath, Aileen) (Filed on 3/15/2018) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER
81

Declaration of Aileen M. McGrath in Support of 80 Opposition/Response to Motion, Declaration of Aileen M. McGrath in Support of City and County of San Francisco's Opposition to Defendants' Motion for Enlargement of Time to Answer Complaints filed byCity and County of San Francisco. (Related document(s) 80 ) (McGrath, Aileen) (Filed on 3/15/2018) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER
82

ORDER GRANTING REQUEST FOR ENLARGEMENT OF TIME by Judge William H. Orrick granting (79) Motion for Extension of Time to Answer in case 3:17-cv-04642-WHO and (92) Motion for Extension of Time to Answer in case 3:17-cv-04701-WHO. (jmdS, COURT STAFF) (Filed on 3/15/2018) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

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83

CASE MANAGEMENT STATEMENT (Supplemental) filed by Alan R Hanson, Jefferson Beauregard Sessions, III, United States Department of Justice. (Simpson, W.) (Filed on 3/20/2018) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
84

NOTICE by Alan R Hanson, Jefferson Beauregard Sessions, III, United States Department of Justice (Notice of Filing of Administrative Record) (Attachments: # 1 Index of Administrative Record, # 2 AR-00001 - AR-00508, # 3 AR-00509 - AR-00616, # 4 AR-00617 - AR-01037)(Simpson, W.) (Filed on 3/23/2018) (Entered: 03/23/2018)

1 Index of Administrative Record

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2 AR-00001 - AR-00508

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3 AR-00509 - AR-00616

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4 AR-00617 - AR-01037

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March 23, 2018

March 23, 2018

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85

ORDER REGARDING CASE MANAGEMENT CONFERENCE - Case Management Conference continued to 4/10/2018 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Signed by Judge William H. Orrick on 03/23/2018. If the parties are able to agree on a briefing schedule, given the guidance of this order, they should submit a stipulated schedule prior to April 3, 2018; and, if it is acceptable, the Court will vacate the CMC. (jmdS, COURT STAFF) (Filed on 3/23/2018) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

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86

STIPULATION WITH PROPOSED ORDER re 85 Order,, Set Deadlines/Hearings, filed by Alan R Hanson, Jefferson Beauregard Sessions, III, United States Department of Justice. (Simpson, W.) (Filed on 3/27/2018) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

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87

ORDER REGARDING SCHEDULE by Judge William H. Orrick granting (86) Stipulation in case 3:17-cv-04642-WHO. Associated Cases: 3:17-cv-04642-WHO, 3:17-cv-04701-WHO. (jmdS, COURT STAFF) (Filed on 3/29/2018) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

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88

ANSWER to 61 Amended Complaint ; by Alan R Hanson, Jefferson Beauregard Sessions, III, United States Department of Justice. (Attachments: # 1 ICE Policy Number 10074.2, Issuance of Immigration Detainers by ICE Immigration Officers, # 2 Immigration Detainer - Notice of Action, DHS Form I-247A, # 3 ICE Guidance for Completing Form I-247A, # 4 DHS Warrant for Arrest of Alien, Form I-200, # 5 Warrant of Removal/Deportation, ICE Form I-205 (8/07))(Simpson, W.) (Filed on 4/4/2018) Modified on 4/5/2018 (aaaS, COURT STAFF). (Entered: 04/04/2018)

1 ICE Policy Number 10074.2, Issuance of Immigration Detainers by ICE Immigration

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2 Immigration Detainer - Notice of Action, DHS Form I-247A

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3 ICE Guidance for Completing Form I-247A

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4 DHS Warrant for Arrest of Alien, Form I-200

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5 Warrant of Removal/Deportation, ICE Form I-205 (8/07)

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April 4, 2018

April 4, 2018

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89

STIPULATION WITH PROPOSED ORDER (Protective and 502(d) Order) filed by Alan R Hanson, Jefferson Beauregard Sessions, III, United States Department of Justice. (Simpson, W.) (Filed on 5/9/2018) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

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90

NOTICE of Appearance by Daniel D. Mauler (Mauler, Daniel) (Filed on 5/14/2018) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

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91

PROTECTIVE AND 502(D) ORDER by Judge William H. Orrick granting (89) Stipulation in case 3:17-cv-04642-WHO. Associated Cases: 3:17-cv-04642-WHO, 3:17-cv-04701-WHO (jmdS, COURT STAFF) (Filed on 5/14/2018) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

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92

STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order to Modify Upcoming Discovery and Briefing Deadlines filed by City and County of San Francisco. (Mere, Yvonne) (Filed on 5/22/2018) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

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93

ORDER TO MODIFY UPCOMING DISCOVERY AND BRIEFING DEADLINES by Judge William H. Orrick granting (92) Stipulation in case 3:17-cv-04642-WHO. Associated Cases: 3:17-cv-04642-WHO, 3:17-cv-04701-WHO. (jmdS, COURT STAFF) (Filed on 5/25/2018) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

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94

NOTICE of Change of Address by W. Scott Simpson (Simpson, W.) (Filed on 6/19/2018) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

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95

STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order to Modify Deadline to Raise Discovery Disputes Related to Defendants' Supplemental Document Production filed by City and County of San Francisco. (McGrath, Aileen) (Filed on 6/21/2018) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

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96

ORDER TO MODIFY DEADLINE TO RAISE DISCOVERY DISPUTES RELATED TO DEFENDANTS' SUPPLEMENTAL DOCUMENT PRODUCTION by Judge William H. Orrick granting (95) Stipulation in case 3:17-cv-04642-WHO. Associated Cases: 3:17-cv-04642-WHO, 3:17-cv-04701-WHO. (jmdS, COURT STAFF) (Filed on 6/22/2018) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

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97

STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order To Enlarge Page Limits For Cross-Motions for Summary Judgment filed by City and County of San Francisco. (McGrath, Aileen) (Filed on 7/2/2018) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

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98

ORDER by Judge William H. Orrick granting (97) Stipulation in case 3:17-cv-04642-WHO. (wholc3, COURT STAFF) (Filed on 7/3/2018) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

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99

MOTION for Summary Judgment City and County of San Francisco's Notice of Motion and Motion for Summary Judgment filed by City and County of San Francisco. Motion Hearing set for 9/5/2018 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 8/1/2018. Replies due by 8/15/2018. (McGrath, Aileen) (Filed on 7/11/2018) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

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100

Declaration of Hector Sainez in Support of 99 MOTION for Summary Judgment City and County of San Francisco's Notice of Motion and Motion for Summary Judgment Declaration of Assistant Chief Hector Sainez in Support of City and County of San Francisco's Motion for Summary Judgment filed byCity and County of San Francisco. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Related document(s) 99 ) (McGrath, Aileen) (Filed on 7/11/2018) (Entered: 07/11/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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July 11, 2018

July 11, 2018

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Case Details