Case: State of California v. Sessions

3:17-cv-04701 | U.S. District Court for the Northern District of California

Filed Date: Aug. 14, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 14, 2017, the State of California's Attorney General filed this lawsuit against the U.S. Department of Justice (DOJ), including its component Office of Justice Programs (OJP), in the U.S. District Court for the Northern District of California. The State challenged the DOJ's imposition of immigration-related conditions on federal funding to the state. California and its political subdivisions receive federal funding through the Edward Byrne Memorial Justice Assistance Grant (Byrne JAG)…

On August 14, 2017, the State of California's Attorney General filed this lawsuit against the U.S. Department of Justice (DOJ), including its component Office of Justice Programs (OJP), in the U.S. District Court for the Northern District of California. The State challenged the DOJ's imposition of immigration-related conditions on federal funding to the state.

California and its political subdivisions receive federal funding through the Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) Program administered by the DOJ. California alleged that the latest DOJ requirements for FY2017 program funding imposed new conditions on recipients: "to: (a) provide federal immigration enforcement agents with the Department of Homeland Security ('DHS') access to detention facilities to interview inmates who are 'aliens' or believed to be 'aliens' (the 'access condition'); and (b) provide 48 hours’ advance notice to DHS regarding the scheduled release date of an 'alien' upon request by DHS (the 'notification condition')."

California stated that it believed its relevant laws (the TRUST Act and TRUTH Act statutes, governing DHS's access to inmates in state and local custody) in fact complied with these conditions but that the DOJ misinterpreted these laws as non-compliant. In any event, California argued that the conditions were so ambiguous that the DOJ could continue to wrongly deny California the funding. Additionally, California believed that Congress did not intend Byrne Jag funding to be conditioned in this way.

California argued that by imposing these conditions on this funding, the DOJ threatened the implementation of state laws and also a critical source of state and municipal funding to "support law enforcement programs, reduce recidivism, conduct prevention and education programs for at-risk youth, and support programs for crime victims and witnesses." Furthermore, California stated that the access and notification requirements would compel it to choose between either maintaining federal funding or maintaining its own sovereignty over public safety, but not both.

Finally, California argued that the access and notification requirements violated the U.S. Constitution's Separation of Powers and Spending Clauses (by usurping Congress' ability to set conditions for funding), as well as the Administrative Procedure Act (as arbitrary and capricious and exceeding the DOJ's statutory authority). Furthermore, California stated that the requirements would force it to violate the Fourth Amendment by holding detainees past their ordinary release time.

In advance of the imminent Sept. 5, 2017 city deadline and Sept. 25, 2017 state deadline to apply for FY2017 Byrnes JAG funding, California sought declaratory and injunctive relief. California asked the Court to declare that California complied with relevant federal law, and that the notification and access requirements were invalid. California also asked the Court to enjoin the DOJ from conditioning funding on the notification and access requirements or otherwise withholding funding based on California's existing relevant laws.

The case was assigned to Magistrate Judge Maria-Elena James on Aug. 15 and reassigned to Judge William H. Orrick on Aug. 28. Judge Orrick had, on Aug. 25, related this case to City and County of San Francisco v. Trump following the State of California's motion in that case.

California filed an amended complaint on Oct. 13. It included an update, maintaining that the DOJ had aimed to send award notification letters by Sept. 30, but that neither California nor any of its local jurisdictions had received a letter. California requested a declaration from the Court that relevant state laws (the Values Act and the Shield Confidentiality Statutes, in addition to the TRUST Act and TRUTH Act) do not violate the DOJ conditions.

California then moved for a preliminary injunction on Oct. 31, amended Nov 7. It argued, first, that it would likely succeed on the merits of its claim that the JAG's 8 U.S.C. § 1373 conditions are unlawful under the Spending Clause and arbitrary and capricious under the APA, and that the state's relevant statutes do not violate § 1373. California also alleged that the conditions would cause it permanent and irreparable harm.

The DOJ opposed the preliminary injunction motion on Nov. 22. First, it argued that the funding conditions were constitutional because the INA links immigration enforcement and law enforcement. Additionally, the DOJ noted that it had not determined that the TRUTH Act or TRUST Act violated § 1373, and argued that the Values Act was unlikely to comply with § 1373. Finally, the DOJ alleged that California would not suffer harm because it had accepted the same funding condition in FY2016.

On Dec. 4, the DOJ notified the Court that it had awarded a COPS grant to California, but that these funds were unavailable until the DOJ completed its inquiry into whether California complied with § 1373.

Judge Orrick held a Dec. 13 hearing on California's motion for preliminary injunction, and denied it in a Mar. 5, 2018 order. 284 F. Supp. 3d 1015. He held that the DOJ's withholding of the grant would not cause irreparable injury because the amount of money was small in comparison to California's budget and payment appeared to be delayed rather than denied.

On Jan. 16, 2018, the DOJ moved to dismiss the complaint. It argued that the challenged conditions were authorized by statute and did not violate the Spending Clause, separation of powers, or the APA.

On March 5, 2018, Judge Orrick denied the DOJ's motion to dismiss. First, he held that California had standing because it had a well-founded fear of enforcement, injury-in-fact, and ripe claims. Next, he held that California 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 the DOJ's statutory and constitutional authority.

In response to Judge Orrick's Mar. 5 order denying California's motion for preliminary injunction, California moved for reconsideration. However, Judge Orrick denied this second motion on Apr. 24. 2018 WL 3399214.

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 California. 349 F. Supp. 3d 924. The court held that the challenged conditions violated the separation of powers and were unconstitutional, 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 take into account important considerations. Finally, the court held that California and San Francisco's laws comply with the federal conditions anyway under the court's interpretation of § 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.

In December of 2018, the DOJ appealed to the Ninth Circuit. The Ninth Circuit finally heard oral argument on December 2, 2019. On July 13, 2020, the Ninth Circuit upheld the bases for the injunction but limited its scope, thus reducing it from a nationwide injunction to one applicable only within California's borders. The court reasoned that the plaintiffs did not offer reasons that relief needed to be extended to non-parties to the suit in order to shield the plaintiffs.

The government appealed the case to the Supreme Court on November 17, 2020. Following the 2020 election of President Joseph Biden, however, the incoming Biden administration asked the Court to hold the petition in abeyance until the DOJ could re-formulate its policy. After the Supreme Court rescheduled the conference twice in February, on March 4, 2021, the DOJ and challengers agreed to dismiss the appeal to the Supreme Court.

Summary Authors

Ava Morgenstern (5/5/2018)

Virginia Weeks (12/4/2018)

Sam Kulhanek (3/8/2020)

Related Cases

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

County of Santa Clara v. Trump, Northern District of California (2017)

City of Richmond v. Trump, Northern District of California (2017)

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

State of California v. U.S. Department of Justice, Northern District of California (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6138087/parties/state-of-california-ex-rel-xavier-becerra-in-his-official-capacity-as/


Judge(s)
Attorney for Plaintiff

Becerra, Xavier (California)

Belton, Sarah (California)

Attorney for Defendant
Expert/Monitor/Master/Other

Amdur, Spencer (New York)

Callcott, W. Hardy (California)

Carter, Margaret L. (California)

show all people

Documents in the Clearinghouse

Document

3:17-cv-04701

Docket [PACER]

Feb. 21, 2019

Feb. 21, 2019

Docket
1

3:17-cv-04701

Complaint For Declaratory and Injunctive Relief

Aug. 14, 2017

Aug. 14, 2017

Complaint
11

3:17-cv-04701

First Amended Complaint For Declaratory and Injunctive Relief

Oct. 13, 2017

Oct. 13, 2017

Complaint
17

3:17-cv-04701

Plaintiff State of California's Notice of Motion and Motion For Preliminary Injunction; Memorandum of Points and Authorities In Support Thereof

Oct. 31, 2017

Oct. 31, 2017

Pleading / Motion / Brief
26

3:17-cv-04701

Plaintiff State of California's Notice of Amended Motion and Amended Motion For Preliminary Injunction; Memorandum of Points and Authorities In Support Thereof

Nov. 7, 2017

Nov. 7, 2017

Pleading / Motion / Brief
42

3:17-cv-04701

Opposition to Plaintiff's Amended Motion for Preliminary Injunction

Nov. 22, 2017

Nov. 22, 2017

Pleading / Motion / Brief
69

3:17-cv-04701

Defendants' Reply to Plaintiff's Response to Notice of Administrative Action

Dec. 11, 2017

Dec. 11, 2017

Pleading / Motion / Brief
77

3:17-cv-04701

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

Jan. 16, 2018

Jan. 16, 2018

Pleading / Motion / Brief
80

3:17-cv-04701

Plaintiff State of California's Opposition to Defendants' Motion to Dismiss

Jan. 30, 2018

Jan. 30, 2018

Pleading / Motion / Brief
83

3:17-cv-04701

Defendants’ Reply Memorandum of Points and Authorities in Support of Their Motion to Dismiss

Feb. 6, 2018

Feb. 6, 2018

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6138087/state-of-california-ex-rel-xavier-becerra-in-his-official-capacity-as/

Last updated Jan. 27, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
3

Proposed Summons. (Sherman, Lee) (Filed on 8/14/2017) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
2

Civil Cover Sheet by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California . (Sherman, Lee) (Filed on 8/14/2017) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 400, receipt number 0971-11630590.). Filed byState of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sherman, Lee) (Filed on 8/14/2017) (Entered: 08/14/2017)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Aug. 14, 2017

Aug. 14, 2017

RECAP
6

Summons Issued as to Alan R Hanson, Jefferson Beauregard Sessions, III, United States Department Of Justice, Atrorney General Office, 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

PACER
5

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/9/2017. Initial Case Management Conference set for 11/16/2017 10:00 AM. (hdjS, COURT STAFF) (Filed on 8/15/2017) Modified on 8/15/2017 (hdjS, COURT STAFF). (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

RECAP
4

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 8/29/2017. (jmlS, COURT STAFF) (Filed on 8/15/2017) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
8

AFFIDAVIT of Service for Process Server Affidavit served on Jefferson B. Sessions on 8.25.2017, filed by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Sherman, Lee) (Filed on 8/25/2017) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
7

ORDER RELATING CASE to Case No. 17-cv-485-WHO and additional related matters. 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
9

Case reassigned to Judge Hon. William H. Orrick. Magistrate Judge Maria-Elena James 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 (srnS, COURT STAFF) (Filed on 8/28/2017) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
12

CERTIFICATE OF SERVICE by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California (Ehrlich, Lisa) (Filed on 10/13/2017) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
11

AMENDED COMPLAINT For Declaratory and Injunctive Relief against Jefferson Beauregard Sessions, III. Filed byState of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Sherman, Lee) (Filed on 10/13/2017) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
10

NOTICE of Appearance by Lisa Catherine Ehrlich (Ehrlich, Lisa) (Filed on 10/13/2017) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
14

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
13

CERTIFICATE OF SERVICE by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California (Ehrlich, Lisa) (Filed on 10/19/2017) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
15

CERTIFICATE OF SERVICE by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California re 14 Case Management Scheduling Order, (Ehrlich, Lisa) (Filed on 10/23/2017) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
16

NOTICE of Appearance by Sarah Elizabeth Belton (Belton, Sarah) (Filed on 10/25/2017) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
24

CERTIFICATE OF SERVICE by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California re 18 Request for Judicial Notice, 19 Declaration in Support, 17 MOTION for Preliminary Injunction, 21 Declaration in Support, 20 Declaration in Support, 22 Declaration in Support, (Sherman, Lee) (Filed on 10/31/2017) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
23

Proposed Order re 17 MOTION for Preliminary Injunction by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Sherman, Lee) (Filed on 10/31/2017) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
22

Declaration in Support of 17 MOTION for Preliminary Injunction filed byState of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Related document(s) 17 ) (Sherman, Lee) (Filed on 10/31/2017) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
21

Declaration in Support of 17 MOTION for Preliminary Injunction filed byState of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Attachments: # 1 Exhibit)(Related document(s) 17 ) (Sherman, Lee) (Filed on 10/31/2017) (Entered: 10/31/2017)

1 Exhibit

View on PACER

Oct. 31, 2017

Oct. 31, 2017

PACER
20

Declaration of Mary Jolls in Support of 17 MOTION for Preliminary Injunction filed byState of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Attachments: # 1 Exhibit Part 1, # 2 Exhibit Part 2)(Related document(s) 17 ) (Sherman, Lee) (Filed on 10/31/2017) (Entered: 10/31/2017)

1 Exhibit Part 1

View on PACER

2 Exhibit Part 2

View on PACER

Oct. 31, 2017

Oct. 31, 2017

PACER
19

Declaration of Lee I. Sherman in Support of 17 MOTION for Preliminary Injunction filed byState of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Attachments: # 1 Exhibit)(Related document(s) 17 ) (Sherman, Lee) (Filed on 10/31/2017) (Entered: 10/31/2017)

1 Exhibit

View on PACER

Oct. 31, 2017

Oct. 31, 2017

PACER
18

Request for Judicial Notice re 17 MOTION for Preliminary Injunction filed byState of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Attachments: # 1 Exhibit Part 1, # 2 Exhibit Part 2)(Related document(s) 17 ) (Sherman, Lee) (Filed on 10/31/2017) (Entered: 10/31/2017)

1 Exhibit Part 1

View on PACER

2 Exhibit Part 2

View on PACER

Oct. 31, 2017

Oct. 31, 2017

PACER
17

MOTION for Preliminary Injunction filed by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. 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. (Sherman, Lee) (Filed on 10/31/2017) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

RECAP
32

CERTIFICATE OF SERVICE by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California re 26 Amended MOTION for Preliminary Injunction, 29 Declaration in Support, 31 Declaration in Support, 30 Declaration in Support, 28 Declaration in Support, 27 Request for Judicial Notice, 25 ADMINISTRATIVE MOTION Leave to File Excess Pages re Amended Motion for Preliminary Injunction (Sherman, Lee) (Filed on 11/7/2017) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
31

Declaration of Jim McDonnell in Support of 26 Amended MOTION for Preliminary Injunction filed byState of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Related document(s) 26 ) (Sherman, Lee) (Filed on 11/7/2017) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
30

Declaration of Christopher Caligiuri in Support of 26 Amended MOTION for Preliminary Injunction filed byState of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Attachments: # 1 Exhibit A-D)(Related document(s) 26 ) (Sherman, Lee) (Filed on 11/7/2017) (Entered: 11/07/2017)

1 Exhibit A-D

View on PACER

Nov. 7, 2017

Nov. 7, 2017

PACER
29

Declaration of Mary Jolls in Support of 26 Amended MOTION for Preliminary Injunction filed byState of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Attachments: # 1 Exhibit A-C, # 2 Exhibit D)(Related document(s) 26 ) (Sherman, Lee) (Filed on 11/7/2017) (Entered: 11/07/2017)

1 Exhibit A-C

View on PACER

2 Exhibit D

View on PACER

Nov. 7, 2017

Nov. 7, 2017

PACER
28

Declaration of Lee Sherman in Support of 26 Amended MOTION for Preliminary Injunction filed byState of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Attachments: # 1 Exhibit Exs. A-L)(Related document(s) 26 ) (Sherman, Lee) (Filed on 11/7/2017) (Entered: 11/07/2017)

1 Exhibit Exs. A-L

View on PACER

Nov. 7, 2017

Nov. 7, 2017

PACER
27

Request for Judicial Notice re 26 Amended MOTION for Preliminary Injunction filed byState of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Attachments: # 1 Exhibit RJN Exs. A-E, # 2 Exhibit RJN Exs. F-I, # 3 Exhibit RJN Exs. J-X)(Related document(s) 26 ) (Sherman, Lee) (Filed on 11/7/2017) (Entered: 11/07/2017)

1 Exhibit RJN Exs. A-E

View on PACER

2 Exhibit RJN Exs. F-I

View on PACER

3 Exhibit RJN Exs. J-X

View on RECAP

Nov. 7, 2017

Nov. 7, 2017

PACER
26

Amended MOTION for Preliminary Injunction filed by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. Motion Hearing set for 12/13/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Judge William H. Orrick. Responses due by 11/21/2017. Replies due by 11/28/2017. (Attachments: # 1 Proposed Order)(Sherman, Lee) (Filed on 11/7/2017) (Entered: 11/07/2017)

1 Proposed Order

View on RECAP

Nov. 7, 2017

Nov. 7, 2017

RECAP
25

ADMINISTRATIVE MOTION Leave to File Excess Pages re Amended Motion for Preliminary Injunction filed by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. Responses due by 11/13/2017. (Attachments: # 1 Proposed Order Stipulation and Proposed Order)(Sherman, Lee) (Filed on 11/7/2017) (Entered: 11/07/2017)

1 Proposed Order Stipulation and Proposed Order

View on PACER

Nov. 7, 2017

Nov. 7, 2017

PACER
34

CERTIFICATE OF SERVICE by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California re 33 STIPULATION WITH PROPOSED ORDER re 26 Amended MOTION for Preliminary Injunction and Responsive Pleading Briefing (Sherman, Lee) (Filed on 11/8/2017) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
33

STIPULATION WITH PROPOSED ORDER re 26 Amended MOTION for Preliminary Injunction and Responsive Pleading Briefing filed by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Sherman, Lee) (Filed on 11/8/2017) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
37

Order Granting Plaintiff State of California's Administrative Motion for Leave to Exceed Page Limits by Judge William H. Orrick granting 25 Stipulation. (jmdS, COURT STAFF) (Filed on 11/9/2017) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
36

Joint ADMINISTRATIVE MOTION Relief from Automatic Referral to the ADR Multi-Option Program filed by Alan R Hanson, Jefferson Beauregard Sessions, III, United States Department of Justice. Responses due by 11/13/2017. (Attachments: # 1 Proposed Order Stipulation and Proposed Order)(Konkoly, Antonia) (Filed on 11/9/2017) (Entered: 11/09/2017)

1 Proposed Order Stipulation and Proposed Order

View on PACER

Nov. 9, 2017

Nov. 9, 2017

PACER
35

NOTICE of Appearance by Antonia Konkoly (Konkoly, Antonia) (Filed on 11/9/2017) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
38

ORDER RE SCHEDULING MATTERS granting 33 Stipulation. Signed by Judge William H. Orrick on 11/13/2017. (jmdS, COURT STAFF) (Filed on 11/13/2017) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

RECAP
40

CASE MANAGEMENT STATEMENT & [PROPOSED] ORDER; filed by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Sherman, Lee) (Filed on 11/14/2017) Modified on 11/15/2017 (aaaS, COURT STAFF). (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
39

NOTICE of Appearance by W. Scott Simpson (Simpson, W.) (Filed on 11/14/2017) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
41

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

PACER
43

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

PACER
42

OPPOSITION/RESPONSE to (re 26 Amended MOTION for Preliminary Injunction) filed by Alan R Hanson, Jefferson Beauregard Sessions, III, United States Department of Justice. (Attachments: # 1 Declaration of Alan R. Hanson, # 2 Declaration of Andrew A. Dorr, # 3 Request for Referendum, # 4 Declaration of Jim Brown)(Simpson, W.) (Filed on 11/22/2017) (Entered: 11/22/2017)

1 Declaration of Alan R. Hanson

View on PACER

2 Declaration of Andrew A. Dorr

View on PACER

3 Request for Referendum

View on PACER

4 Declaration of Jim Brown

View on PACER

Nov. 22, 2017

Nov. 22, 2017

PACER
45

Order Granting Joint Motion for Relief from Automatic Referral to the ADR Multi-Option Program by Judge William H. Orrick granting 36 Administrative Motion. (jmdS, COURT STAFF) (Filed on 11/27/2017) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

PACER
44

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

RECAP
56

MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiff State of California's Motion for Preliminary Injunction filed by Amici Curiae Immigrant Legal Resource Center, Asian Americans Advancing Justice - Asian Law Caucus, National Day Laborer Organizing Network. (Attachments: # 1 [Proposed} Amicus Curiae Brief, # 2 Proposed Order)(Callcott, W.) (Filed on 11/29/2017) Modified on 12/4/2017 (wv, COURT STAFF). Modified on 12/4/2017 (wv, COURT STAFF). (Entered: 11/29/2017)

1 [Proposed} Amicus Curiae Brief

View on PACER

2 Proposed Order

View on PACER

Nov. 29, 2017

Nov. 29, 2017

PACER
55

MOTION to File Amicus Curiae Brief filed by American Civil Liberties Union Foundation Immigrants' Rights Project, American Civil Liberties Union Foundation of Northern California, Inc., National Immigrant Justice Center. Motion Hearing set for 12/13/2017 02:00 PM before Judge William H. Orrick. Responses due by 12/13/2017. Replies due by 12/20/2017. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Proposed Order)(Amdur, Spencer) (Filed on 11/29/2017) (Entered: 11/29/2017)

1 Exhibit Proposed Amicus Brief

View on PACER

2 Proposed Order

View on RECAP

Nov. 29, 2017

Nov. 29, 2017

RECAP
54

ADMINISTRATIVE MOTION To File Amicus Curiae Brief in Support of Plaintiff's Motion for a Preliminary Injunction filed by Public Counsel. Responses due by 12/4/2017. (Attachments: # 1 Proposed Order)(Nowicki, Daniel) (Filed on 11/29/2017) (Entered: 11/29/2017)

1 Proposed Order

View on PACER

Nov. 29, 2017

Nov. 29, 2017

PACER
53

MOTION for Leave to File / Administrative Motion for Leave to File Brief of Amici Curiae 5 Counties and 9 Cities in Support of Plaintiff's Amended Motion for Preliminary Injunction (ECF. No. 26) filed by County of Los Angeles. (Attachments: # 1 Attachment - 1 Amicus Brief, # 2 Proposed Order)(Carter, Margaret) (Filed on 11/29/2017) (Entered: 11/29/2017)

1 Attachment - 1 Amicus Brief

View on PACER

2 Proposed Order

View on PACER

Nov. 29, 2017

Nov. 29, 2017

PACER
52

First ADMINISTRATIVE MOTION acceptance of Amicus Brief in support of Plaintiff's Motion for Preliminary Injunction filed by District of Columbia. Responses due by 12/4/2017. (Attachments: # 1 Errata Cover Sheet for Exhibit 1 to Motion, # 2 Exhibit 1 to Administrative Motion - proposed Amicus brief, # 3 Exhibit A to proposed Amicus Brief, # 4 Proposed Order)(Rock, Jimmy) (Filed on 11/29/2017) (Entered: 11/29/2017)

1 Errata Cover Sheet for Exhibit 1 to Motion

View on PACER

2 Exhibit 1 to Administrative Motion - proposed Amicus brief

View on PACER

3 Exhibit A to proposed Amicus Brief

View on PACER

4 Proposed Order

View on PACER

Nov. 29, 2017

Nov. 29, 2017

PACER
51

NOTICE of Appearance by James Wesley Crooks for Amicus Curiae County of Los Angeles (Crooks, James) (Filed on 11/29/2017) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER
50

NOTICE of Appearance by Daniel R. Suvor for Amicus Curiae County of Los Angeles (Suvor, Daniel) (Filed on 11/29/2017) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER
49

NOTICE of Appearance by Margaret Louise Carter for Amicus Curiae County of Los Angeles (Carter, Margaret) (Filed on 11/29/2017) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER
48

ADMINISTRATIVE MOTION for Leave to File Statement of Amicus Curiae Anti-Defamation League in Support of Plaintiff's Amended Motion for Preliminary Injunction filed by Anti-Defamation League. Responses due by 12/4/2017. (Attachments: # 1 Amicus Curiae Brief, # 2 Proposed Order)(Perrin, Robert) (Filed on 11/29/2017) (Entered: 11/29/2017)

1 Amicus Curiae Brief

View on PACER

2 Proposed Order

View on PACER

Nov. 29, 2017

Nov. 29, 2017

PACER
47

ADMINISTRATIVE MOTION Leave to File Amici Curiae Brief in Support of Plaintiff's Motion for a Preliminary Injunction filed by Administrative Law, Constitutional Law, and Immigration Law Scholars. Responses due by 12/4/2017. (Attachments: # 1 Exhibit Brief Amici Curiae, # 2 Proposed Order)(Davies, Jamison) (Filed on 11/29/2017) (Entered: 11/29/2017)

1 Exhibit Brief Amici Curiae

View on PACER

2 Proposed Order

View on PACER

Nov. 29, 2017

Nov. 29, 2017

PACER
46

ADMINISTRATIVE MOTION Leave to File Brief Amici Curiae filed by Current and Former Prosecutors and Law Enforcement Leaders. Responses due by 12/4/2017. (Attachments: # 1 Exhibit Brief Amici Curiae, # 2 Proposed Order)(Piers, Matthew) (Filed on 11/29/2017) (Entered: 11/29/2017)

1 Exhibit Brief Amici Curiae

View on PACER

2 Proposed Order

View on PACER

Nov. 29, 2017

Nov. 29, 2017

PACER
59

TRANSCRIPT ORDER for proceedings held on 11/21/2017 before Judge William H. Orrick by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California, for Court Reporter FTR - San Francisco. (Sherman, Lee) (Filed on 11/30/2017) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER
58

NOTICE of Appearance by Mark M. Fleming (Fleming, Mark) (Filed on 11/30/2017) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER
57

NOTICE of Appearance by Cody H. Wofsy (Wofsy, Cody) (Filed on 11/30/2017) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER
64

STIPULATION WITH PROPOSED ORDER RE scheduling matters filed by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Sherman, Lee) (Filed on 12/1/2017) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
63

Declaration of Lee Sherman In support of Plaintiff's Reply in Support of its 26 Motion for Preliminary Injunction filed byState of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Sherman, Lee) (Filed on 12/1/2017) Modified on 12/4/2017 (aaaS, COURT STAFF). (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
62

Declaration of Jim Hart In support of Plaintiff's Reply in SUppoort of its 26 Motion for Preliminary Injunction filed byState of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Sherman, Lee) (Filed on 12/1/2017) Modified on 12/4/2017 (aaaS, COURT STAFF). (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
61

Request for Judicial Notice in support of State of California's Reply in Support of its 26 Motion for Preliminary Injunction filed byState of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Sherman, Lee) (Filed on 12/1/2017) Modified on 12/4/2017 (aaaS, COURT STAFF). (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
60

REPLY (re 26 Amended MOTION for Preliminary Injunction ) in support of its Motion for Preliminary Injunction filed byState of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Sherman, Lee) (Filed on 12/1/2017) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
66

NOTICE by Alan R Hanson, Jefferson Beauregard Sessions, III, United States Department of Justice re 42 Opposition/Response to Motion, Notice of Administrative Action (Attachments: # 1 FY 2017 CAMP Award)(Simpson, W.) (Filed on 12/4/2017) (Entered: 12/04/2017)

1 FY 2017 CAMP Award

View on PACER

Dec. 4, 2017

Dec. 4, 2017

PACER
65

Order re Scheduling Matters by Judge William H. Orrick granting 64 Stipulation. Close of Fact Discovery: 7/31/2018. Motion Hearing 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

RECAP
67

RESPONSE to re 66 Notice (Other), by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Attachments: # 1 Declaration)(Sherman, Lee) (Filed on 12/7/2017) (Entered: 12/07/2017)

1 Declaration

View on PACER

Dec. 7, 2017

Dec. 7, 2017

PACER
69

RESPONSE to re 67 Response ( Non Motion ) Reply to Plaintiff's Response to Notice of Administrative Action by Alan R Hanson, Jefferson Beauregard Sessions, III, United States Department of Justice. (Simpson, W.) (Filed on 12/11/2017) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

RECAP

Set Motion and Deadlines/Hearings No NEF

Dec. 11, 2017

Dec. 11, 2017

PACER

Reset Deadlines as to 26 Amended MOTION for Preliminary Injunction. Motion Hearing reset for 12/13/2017 03:00 PM in Courtroom 4, 17th Floor, San Francisco before Judge William H. Orrick. (jmdS, COURT STAFF) (Filed on 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

PACER
68

CLERK'S NOTICE OF CHANGE IN HEARING TIME - Hearing as to 26 Amended MOTION for Preliminary Injunction reset for 12/13/2017 03:00 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 12/11/2017) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

PACER
73

Minute Entry for proceedings held before Judge William H. Orrick: Motion Hearing held on 12/13/2017 re 17 MOTION for Preliminary Injunction. Total Time in Court: 1 hour, 5 minutes. Court Reporter: Katherine Sullivan. Plaintiff Attorneys: Lee I. Sherman, Lisa Ehrlich, and Sarah E. Belton. Defendant Attorneys: Chad Readler, W. Scott Simpson, and Steven J. Saltiel. (jmdS, COURT STAFF) (Date Filed: 12/13/2017) (Entered: 12/18/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER
70

TRANSCRIPT ORDER for proceedings held on 12/13/2017 before Judge William H. Orrick by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California, for Court Reporter Katherine Powell. (Sherman, Lee) (Filed on 12/14/2017) (Entered: 12/14/2017)

Dec. 14, 2017

Dec. 14, 2017

PACER
72

TRANSCRIPT ORDER for proceedings held on 12/13/2017 before Judge William H. Orrick by Alan R Hanson, Jefferson Beauregard Sessions, III, United States Department of Justice, for Court Reporter Katherine Powell. (Simpson, W.) (Filed on 12/15/2017) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
71

Transcript of Proceedings held on 12/13/17, before Judge William H. Orrick. Court Reporter/Transcriber Katherine Powell Sullivan, Katherine_Sullivan@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 70 Transcript Order, ) Redaction Request due 1/5/2018. Redacted Transcript Deadline set for 1/16/2018. Release of Transcript Restriction set for 3/15/2018. (Related documents(s) 70 ) (Sullivan, Katherine) (Filed on 12/15/2017) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
74

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
76

ORDER GRANTING THE PARTIES' JOINT ADMINISTRATIVE MOTION FOR LEAVE TO EXCEED OTHERWISE APPLICABLE PAGE LIMITS by Judge William H. Orrick granting 75 Administrative Motion for Leave to Exceed Page Limits. (jmdS, COURT STAFF) (Filed on 1/10/2018) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
75

Joint ADMINISTRATIVE MOTION Leave to Exceed Otherwise Applicable Page Limits filed by Alan R Hanson, Jefferson Beauregard Sessions, III, United States Department of Justice. Responses due by 1/16/2018. (Attachments: # 1 Proposed Order)(Konkoly, Antonia) (Filed on 1/10/2018) (Entered: 01/10/2018)

1 Proposed Order

View on PACER

Jan. 10, 2018

Jan. 10, 2018

PACER
77

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 Courtroom 2, 17th Floor, San Francisco before Judge William H. Orrick. Responses due by 1/30/2018. Replies due by 2/6/2018. (Attachments: # 1 Request for Judicial Notice, # 2 Proposed Order)(Simpson, W.) (Filed on 1/16/2018) (Entered: 01/16/2018)

1 Request for Judicial Notice

View on PACER

2 Proposed Order

View on PACER

Jan. 16, 2018

Jan. 16, 2018

RECAP
79

Request for Judicial Notice re 26 Amended MOTION for Preliminary Injunction Second Supplemental Request for Judicial Notice in Support of State of California's Motion for Preliminary Injunction filed byState of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Related document(s) 26 ) (Sherman, Lee) (Filed on 1/18/2018) (Entered: 01/18/2018)

Jan. 18, 2018

Jan. 18, 2018

PACER
78

NOTICE by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California Notice of Effective Date of California Values Act and Amended Trust Act (Sherman, Lee) (Filed on 1/18/2018) (Entered: 01/18/2018)

Jan. 18, 2018

Jan. 18, 2018

RECAP
80

OPPOSITION/RESPONSE (re 77 MOTION to Dismiss ) PLAINTIFF STATE OF CALIFORNIAS OPPOSITION TO DEFENDANTS MOTION TO DISMISS filed byState of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Attachments: # 1 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF STATE OF CALIFORNIAS OPPOSITION TO DEFENDANTS MOTION TO DISMISS, # 2 DECLARATION OF LEE SHERMAN IN SUPPORT OF OPPOSITION TO DEFENDANTS' MOTION TO DISMISS)(Sherman, Lee) (Filed on 1/30/2018) (Entered: 01/30/2018)

1 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF STATE OF CALIFORNIAS OPPOSITION TO DE

View on PACER

2 DECLARATION OF LEE SHERMAN IN SUPPORT OF OPPOSITION TO DEFENDANTS' MOTION

View on PACER

Jan. 30, 2018

Jan. 30, 2018

PACER
82

Order by Judge William H. Orrick granting 81 Administrative Motion to Exceed Page Limits. (jmdS, COURT STAFF) (Filed on 2/5/2018) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
81

Consent ADMINISTRATIVE MOTION Leave to Exceed Otherwise Applicable Page Limits filed by Alan R Hanson, Jefferson Beauregard Sessions, III, United States Department of Justice. Responses due by 2/9/2018. (Attachments: # 1 Proposed Order)(Konkoly, Antonia) (Filed on 2/5/2018) (Entered: 02/05/2018)

1 Proposed Order

View on PACER

Feb. 5, 2018

Feb. 5, 2018

PACER
83

REPLY (re 77 MOTION to Dismiss ) filed byAlan R Hanson, Jefferson Beauregard Sessions, III, United States Department of Justice. (Konkoly, Antonia) (Filed on 2/6/2018) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

RECAP
85

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

PACER
84

TRANSCRIPT ORDER for proceedings held on 02/28/2018 before Judge William H. Orrick by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the 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

PACER
86

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
89

Order by Judge William H. Orrick denying 26 Amended Motion for Preliminary Injunction. (jmdS, COURT STAFF) (Filed on 3/5/2018) (Entered: 03/05/2018)

March 5, 2018

March 5, 2018

RECAP
88

ORDER DENYING 77 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

RECAP
87

TRANSCRIPT ORDER for proceedings held on 2/28/2018 before Judge William H. Orrick by Alan R Hanson, Jefferson Beauregard Sessions, III, United States Department of Justice, for Court Reporter Lydia Zinn. (Simpson, W.) (Filed on 3/5/2018) (Entered: 03/05/2018)

March 5, 2018

March 5, 2018

PACER
91

MOTION for Leave to File a Motion for Reconsideration filed by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Attachments: # 1 Motion for Reconsideration and Memorandum of Authorities, # 2 RJN with exhibits A-D, # 3 Proposed Order)(Sherman, Lee) (Filed on 3/13/2018) (Entered: 03/13/2018)

1 Motion for Reconsideration and Memorandum of Authorities

View on PACER

2 RJN with exhibits A-D

View on PACER

3 Proposed Order

View on PACER

March 13, 2018

March 13, 2018

PACER
90

ERRONEOUSLY E-FILED: PLEASE SEE DOCKET NUMBER 91 FOR THE CORRECTION First MOTION for Reconsideration re 89 Order on Motion for Preliminary Injunction PLAINTIFF STATE OF CALIFORNIAS NOTICE OF MOTION AND MOTION FOR RECONSIDERATION OF THE COURTS MARCH 5, 2018 ORDER ON THE AMENDED MOTION FOR PRELIMINARY INJUNCTION filed by State of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Attachments: # 1 Motion for Reconsideration and Memorandum of Authorities, # 2 RJN with all Exhibits, # 3 Proposed Order Proposed Order)(Sherman, Lee) (Filed on 3/13/2018) Modified on 3/14/2018 (aaaS, COURT STAFF). (Entered: 03/13/2018)

1 Motion for Reconsideration and Memorandum of Authorities

View on PACER

2 RJN with all Exhibits

View on PACER

3 Proposed Order Proposed Order

View on PACER

March 13, 2018

March 13, 2018

RECAP
93

OPPOSITION/RESPONSE (re 92 MOTION for Extension of Time to File Answer re 11 Amended Complaint, ) Opposition to Motion to Extend filed byState of California, ex rel. XAVIER BECERRA, in his official capacity as Attorney General of the State of California. (Attachments: # 1 Declaration)(Sherman, Lee) (Filed on 3/14/2018) (Entered: 03/14/2018)

1 Declaration

View on PACER

March 14, 2018

March 14, 2018

PACER
92

MOTION for Extension of Time to File Answer re 11 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

View on PACER

2 Proposed Order

View on PACER

March 14, 2018

March 14, 2018

PACER
94

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

PACER
95

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
97

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

PACER
96

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

View on PACER

2 AR-00001 - AR-00508

View on PACER

3 AR-00509 - AR-00616

View on PACER

4 AR-00617 - AR-01037

View on PACER

March 23, 2018

March 23, 2018

PACER
99

STIPULATION WITH PROPOSED ORDER re 97 Order,, Set Deadlines/Hearings, (CORRECTED) 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

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 14, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

State of California

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Justice, Federal

Defendant Type(s):

Law-enforcement

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)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2018 - None

Content of Injunction:

Discrimination Prohibition

Issues

General:

Funding

Government services

Over/Unlawful Detention

Public assistance grants

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in detention facilities

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Criminal prosecution

Deportation - criteria

Deportation - procedure

Detention - criteria

Detention - procedures

Sanctuary city/state

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation