Case: U.S. v. State of California

2:18-cv-00490 | U.S. District Court for the Eastern District of California

Filed Date: March 6, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

The United States federal government filed this suit on March 6, 2018 in the U.S. District Court for the Eastern District of California, challenging California's "sanctuary city" state laws. This lawsuit comes after a series of lawsuits filed by California jurisdictions challenging the federal government's sanctuary city policies, which deny federal funding to jurisdictions that impede the federal government's immigration policies. For more information on those cases, see the the Clearinghouse …

The United States federal government filed this suit on March 6, 2018 in the U.S. District Court for the Eastern District of California, challenging California's "sanctuary city" state laws. This lawsuit comes after a series of lawsuits filed by California jurisdictions challenging the federal government's sanctuary city policies, which deny federal funding to jurisdictions that impede the federal government's immigration policies. For more information on those cases, see the the Clearinghouse Special Collection page.

This suit challenged three California laws in particular: (1) the Immigrant Worker Protection Act ("AB 450") that prohibits private employers from voluntarily cooperating with federal officials without a judicial warrant or subpoena for purposes of immigration enforcement, (2) Assembly Bill 103 ("AB 103") that requires the state attorney general to investigate federal immigration detention facilities and processes, and (3) Senate Bill 54 ("SB 54") that limits local law enforcement from providing information about or transferring individuals subject to federal immigration custody to federal enforcement. The U.S. argued that the three laws "reflect a deliberate effort by California to obstruct the United States’ enforcement of federal immigration law," that the federal law preempted the state laws, and that the federal government had "preeminent authority" regarding immigration. The U.S. argued that California therefore violated the Supremacy Clause and that the Supremacy Clause rendered the state laws invalid. The U.S. sought declaratory and injunctive relief.

The same day, the U.S. moved for preliminary injunction. It sought to enjoin the implementation of these provisions within the three California laws. Meanwhile, a series of entities filed amici briefs and California moved to dismiss the case on May 4, 2018. A hearing on both motions was held on June 28.

On July 5, 2018, Judge Mendez granted in part and denied in part the motion for preliminary injunction, holding that "AB 103, SB 54, and the employee notice provision of AB 450 are permissible exercises of California’s sovereign power," but that the other provisions of AB 450 "impermissibly infringed on the sovereignty of the United States." As to AB 103, the court found that there was no indication "Congress intended for States to have no oversight over detention facilities operating within their borders," that AB 103 did not otherwise conflict with federal law, and that its burden on detention facilities is minimal since it did not impose any substantive requirements upon detention facilities but rather merely requires the detention facility to allow for access to review it. The court upheld AB 450's requirement that employers provide notice to their employees of any upcoming I-9 inspection but struck down under the supremacy clause the provisions prohibiting employers from verifying employment eligibility when federal law did not so require and from consenting to let immigration enforcement agents enter nonpublic labor areas to access, review, or obtain employee records. Finally, the court held that SB 54 did not conflict with federal law requiring information sharing, that the federal law was further potentially unconstitutional, and that California merely refusing to help federal law enforcement was different from impermissibly impeding federal law enforcement. 314 F.Supp.3d 1077.

On July 9, 2018, Judge Mendez granted in part and denied in part the motion to dismiss for the reasons stated above. The court dismissed the government's supremacy clause claim against AB 103, its claim against AB 450's notice provision, and its supremacy clause claim against SB 54. The court maintained the government's claims against AB 450's consent, access, and reverification provisions. 2018 WL 3361055. The U.S. immediately appealed the two decisions to the Court of Appeals for the Ninth Circuit.

The Ninth Circuit issued its decision on April 18, 2019. 921 F.3d 865. The court affirmed in part and reversed in part the district court's denial in large part of the government's motion for a preliminary injunction. First, the court affirmed the denial of a preliminary injunction with respect to AB 450, agreeing with Judge Mendez that it neither burdens the federal government nor conflicts with federal activities. Next, the court affirmed the denial of a preliminary injunction with respect to those provisions of AB 103 that simply duplicate inspection requirements mandated by California law. However, the court concluded that one subsection of AB 103, which requires examination of the circumstances surrounding the apprehension and transfer of immigration detainees, "discriminates against and impermissibly burdens the federal government, and so is unlawful under the doctrine of intergovernmental immunity." With respect to SB 54, the court affirmed the denial of a preliminary injunction, agreeing with Judge Mendez that any obstruction caused by the law is consistent with the State's prerogatives under the 10th Amendment and anti-commandeering rule. It also found that SB 54's information-sharing restrictions did not conflict with federal law. The court then remanded for reconsideration of the equitable factors relevant to the question of whether to issue a preliminary injunction as applied to AB 103.

The U.S. filed a writ of certiorari with the Supreme Court requesting review. Back in the district court, Judge Mendez stayed the proceedings pending the Supreme Court’s decision on certiorari. On June 15, 2020, the Supreme Court denied certiorari. 141 S.Ct. 124. Judge Mendez lifted the stay and the parties began briefing on whether to issue a preliminary injunction as applied to AB 103. The defendants also filed a motion to dissolve the existing injunction. Oral arguments were set for January 2021, but after the election of President Joseph Biden, the district court continued hearing on the motions. It asked the U.S. to inform the court if the U.S. after review by the Biden Administration, planned to continue pursuing this case.

As of February 2021, the case is ongoing.

Summary Authors

Virginia Weeks (3/9/2018)

Virginia Weeks (8/21/2018)

Sichun Liu (3/8/2019)

Sam Kulhanek (8/11/2020)

Emily Kempa (3/8/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6327062/parties/united-states-v-state-of-california/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant
Expert/Monitor/Master/Other

Alikhan, Loren L. (District of Columbia)

Almadani, Monica Marie-Ramirez (California)

Amdur, Spencer E. W. (California)

Axelrod, Julie B. (District of Columbia)

Babbitt, Christopher Edmunds (District of Columbia)

Judge(s)

Hurwitz, Andrew David (Arizona)

Mendez, John A. (California)

Newman, Kendall J (California)

Smith, Milan Dale Jr. (California)

Watford, Paul Jeffrey (California)

Expert/Monitor/Master/Other

Alikhan, Loren L. (District of Columbia)

Almadani, Monica Marie-Ramirez (California)

Amdur, Spencer E. W. (California)

Axelrod, Julie B. (District of Columbia)

Babbitt, Christopher Edmunds (District of Columbia)

Badlani, Chirag (Illinois)

Balderas, Hector (New Mexico)

Bansal, Jessica Karp (California)

Bee, Maria (California)

Benbrook, Bradley A. (California)

Bender, Robyn R. (District of Columbia)

Bergeron, Claire M. (District of Columbia)

Bernstein, Erin Brianna (California)

Blackmore, Dana T. (California)

Blackwood, Eileen M. (Vermont)

Bondi, Pamela Jo (Florida)

Bronson, Kristin M. (Colorado)

Bryant, Phil (Mississippi)

Calia, Kevin A. (California)

Carr, Christopher M. (Georgia)

Carroll, Catherine M.A. (District of Columbia)

Carter, Margaret L. (California)

Chan, Angela (California)

Cooper, Jon (Tennessee)

Coursolle, Abigail K. (California)

Curtin, Timothy R. (New York)

Davies, Jamison (New York)

Davis, James E. (Texas)

Denn, Matthew P. (Delaware)

DeWine, Michael (Ohio)

Doseck, Barbara J. (Ohio)

Eisenberg, Sara J. (California)

Espiritu, Nicholas David (California)

Ferguson, Robert W. (Washington)

Flynn, Ronald P. (California)

Foxx, Kimberly M. (Illinois)

Freeman, Steven M. (New York)

Garlick, Melissa (New York)

Gelernt, Lee (New York)

Geltzer, Joshua A. (District of Columbia)

Gill, Kathleen E. (New York)

Glowa, Nancy E. (Massachusetts)

Golden, John Wisner (California)

Gorelick, Jamie S. (District of Columbia)

Grewal, Gurbir S. (New Jersey)

Grusin, Sarah (California)

Guizar, Monica T. (California)

Hacker, David J. (Texas)

Hajec, Christopher J. (District of Columbia)

Hale, Michael A. (California)

Hansen, Greta Suzanne (California)

Herrera, Dennis J. (California)

Hill, Curtis T. Jr. (Indiana)

Hilton, Yvonne (Pennsylvania)

Holder, Eric H. Jr. (District of Columbia)

Holguín, Carlos R. (California)

Holmes, Peter S. (Washington)

Holtzman, Jonathan V. (California)

Hudson, Esra Acikalin (California)

Hunter, Mike (Oklahoma)

Iorlano, Diana (California)

Jadwat, Omar C. (New York)

Jepsen, George (Connecticut)

Joseph, Lawrence J (District of Columbia)

Kaufman, Michael Bryan (California)

Kaufman [inactive], Michael (California)

Keller, Scott A. (Texas)

Kelly, William G. Jr. (New York)

Kozina, Vladimir F. (California)

Landry, Jeff (Louisiana)

Lavine, Aaron Olshina (New York)

Laxalt, Adam Paul (Nevada)

Lederer, Caryn C (Illinois)

Lee, Elaine Y. (California)

Lee, Mollie Mindes (California)

Leung , Jade H. (California)

Madigan, Lisa (Illinois)

Marshall, Steven T. (Alabama)

Mass, Julia Harumi (California)

Mateer, Jeffrey C. (Texas)

May, Michael P. (Wisconsin)

McCord, Mary B. (District of Columbia)

McLean, Joseph (California)

McPherson, Malia (California)

Menz, Sheila E. (District of Columbia)

Miesegaes, Vadim Stanley (California)

Miller, Steven C. (California)

Mitchell, Sarah F. (California)

Morosco, Taylor Cross (District of Columbia)

Morrisey, Patrick (West Virginia)

Nannery, Valerie M (District of Columbia)

Narayan, Kavita Kandala (California)

Nordon, Michael G. (California)

Parker, Barbara J (California)

Pasquarella, Jennifer (California)

Paxton, Ken (Texas)

Perkins, Martha Jane (North Carolina)

Perrin, Robert Ward (California)

Peterson, Doug (Nebraska)

PHV, Joshua Geltzer (California)

PHV, Jamie S. (California)

Piers, Matthew J. (Illinois)

Pratt, Marcel S. (Pennsylvania)

Racine, Karl A. (District of Columbia)

Reaves, John Daniel (District of Columbia)

Reeve, Tracy (Oregon)

Rehberg, Sarah R. (District of Columbia)

Rice, Daniel B. (District of Columbia)

Rosenblum, Ellen F. (Oregon)

Ross, Linda Margaret (California)

Roth, Stuart J. (District of Columbia)

Rutledge, Leslie (Arkansas)

Salceda, Angelica H. (California)

Sandick, Harry (New York)

Scheidegger, Kent S. (California)

Schey, Peter A. (California)

Schmidt, Derek (Kansas)

Schuette, Bill (Michigan)

Schwartz, Michael D. (New York)

Segal, Susan L. (Minnesota)

Sekulow, Jay Alan (District of Columbia)

Serrano, Javier (California)

Shallman, Daniel N. (California)

Siskel, Edward N. (Illinois)

Starr, Brantley David (Texas)

Surtees, Geoffrey R. (Michigan)

Suvor, Daniel R (California)

Suzuki, Russell A. (Hawaii)

Thomas, Gregory L. (Indiana)

Trice, Laura Susan (California)

Trivedi, Harit Upendra (California)

Tully, Daniel Joseph (California)

Turpin, Rachel B. (Washington)

Vakili, Bardis (California)

Vakili [inactive], Bardis (California)

Venezia, Mark S. (District of Columbia)

Ventresca, Ivano Michael (District of Columbia)

Weissglass, Jonathan (California)

Whalley, Jana (California)

White, Edward L. III (Michigan)

Wilcox, Dale L. (District of Columbia)

Williams, James Robyzad (California)

Wilson, Alan (South Carolina)

Wofsy, Cody H. (California)

Wright, Francis X. Jr. (Massachusetts)

Ziegler, Donna Raylene (California)

Zimmerman, Erik (Michigan)

Zionts, David M. (District of Columbia)

show all people

Documents in the Clearinghouse

Document

2:18-cv-00490

Docket [PACER]

United States of America v. State of California

April 19, 2019

April 19, 2019

Docket
2-1

2:18-00264

Plaintiff's Motion for Preliminary Injunction and Memorandum of Law in Support

March 6, 2018

March 6, 2018

Pleading / Motion / Brief
1

2:18-00264

Complaint

March 6, 2018

March 6, 2018

Complaint
43

2:18-cv-00490

Amicus Curiae Brief of the American Center for Law and Justice in Support of Plaintiff’s Motion for a Preliminary Injunction

United States v. State of California

March 30, 2018

March 30, 2018

Pleading / Motion / Brief
44

2:18-cv-00490

Brief of Amici Curiae in Support of Plaintiffs' Motion for a Preliminary Injunction

United States v. State of California

March 30, 2018

March 30, 2018

Pleading / Motion / Brief
48

2:18-cv-00490

Brief Amici Curiae of the Criminal Justice Legal Foundation and Michael Rushford Supporting Plaintiff's Motion for Preliminary Injunction

United States v. State of California

April 6, 2018

April 6, 2018

Pleading / Motion / Brief
55

2:18-cv-00490

Amici Curiae Brief of National Sheriffs' Association and Victims' Organizations in Support of Plaintiff

United States v. State of California

April 12, 2018

April 12, 2018

Pleading / Motion / Brief
57

2:18-cv-00490

Municipalities & Elected Officials' Amici Curiae Brief

United States v. State of California

April 12, 2018

April 12, 2018

Pleading / Motion / Brief
56

2:18-cv-00490

Amici Curiae Brief of Federal Law Enforcement Officers Association and National Border Patrol Council in Support of Plaintiff's Motion for a Preliminary Injunction

United States v. State of California

April 12, 2018

April 12, 2018

Pleading / Motion / Brief
112

2:18-cv-00490

Brief of Amicus Curiae City and County of San Francisco in Support of Defendant's Opposition to Plaintiff's Motion for Preliminary Injunction

United States v. State of California

May 18, 2018

May 18, 2018

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6327062/united-states-v-state-of-california/

Last updated March 11, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants by United States of America. Attorney Reuveni, Erez added. (Reuveni, Erez) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

RECAP
2

MOTION for PRELIMINARY INJUNCTION by United States of America. (Attachments: # 1 Memorandum, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Proposed Order)(Reuveni, Erez) Modified on 4/3/2018 (Mena-Sanchez, L). (Entered: 03/06/2018)

1 Memorandum

View on RECAP

2 Exhibit

View on RECAP

3 Exhibit

View on RECAP

4 Exhibit

View on RECAP

5 Exhibit

View on PACER

6 Proposed Order

View on PACER

March 6, 2018

March 6, 2018

RECAP
3

CIVIL COVER SHEET by United States of America (Reuveni, Erez) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

PACER
4

SUMMONS ISSUED as to *Xavier Becerra, Edmund Gerald Brown, Jr., State of California* with answer to complaint due within *21* days. Attorney *Erez Reuveni* *US Department of Justice, Office of Immigration Litigation* *P.O. Box 868* *Washington, DC 20044*. (Donati, J) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

PACER
5

CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: # 1 Consent Form, # 2 Order re Filing Requirements, # 3 VDRP) (Donati, J) (Entered: 03/06/2018)

1 Consent Form

View on PACER

2 Order re Filing Requirements

View on PACER

3 VDRP

View on PACER

March 6, 2018

March 6, 2018

PACER
6

MOTION for enlargement of page limit for memorandum in support of 2 motion for preliminary injunction by United States of America. (Attachments: # 1 Proposed Order)(Reuveni, Erez) Modified on 3/7/2018 (Zignago, K.). (Entered: 03/07/2018)

1 Proposed Order

View on RECAP

March 7, 2018

March 7, 2018

PACER
7

MINUTE ORDER: Plaintiffs Request for Leave to File its Memorandum in Support of its Motion for Preliminary Injunction in Excess of the Page Limit, ECF No. 6, is GRANTED. The page restrictions outlined in the Courts Order re Filing Requirements, ECF No. 5-2, are suspended in relation to the pending Motion for Preliminary Injunction only. Defendants Opposition shall not exceed forty pages. Plaintiffs Reply shall not exceed twenty-five pages. The parties should file a stipulation as to the briefing schedule by Friday, March 9, 2018. Should the parties be unable to reach an agreement, the Court will set the schedule and hearing date. (TEXT ENTRY ONLY) (Vine, H) (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

PACER
8

SUMMONS RETURNED EXECUTED: State of California, Edmund Gerald Brown, Jr. and Xavier Becerra served on 3/7/2018. (Reuveni, Erez) Modified on 3/8/2018 (Donati, J). (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
9

NOTICE of RELATED CASE 18-322 by United States of America. (Reuveni, Erez) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

RECAP
10

PROPOSED BRIEFING SCHEDULE by Plaintiff United States of America re: 2 Motion for Preliminary Injunction (Attachments: # 1 Proposed Order)(Reuveni, Erez) Modified on 3/9/2018 (Donati, J). (Entered: 03/09/2018)

1 Proposed Order

View on PACER

March 9, 2018

March 9, 2018

RECAP
11

NOTICE of APPEARANCE by Lee I. Sherman on behalf of State of California, Edmund Gerald Brown, Jr. and Xavier Becerra. Attorney Sherman, Lee I. added. (Sherman, Lee) Modified on 3/9/2018 (Donati, J). (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

RECAP
12

NON-RELATED ORDER signed by Chief Judge Lawrence J. O'Neill on March 9, 2018 ORDERING that the court determined that it is INAPPROPRIATE to relate or reassign the cases, and therefore DECLINES to do so. (Munoz, I) Modified on 3/9/2018 (Donati, J). (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

RECAP
13

[DISREGARD- DUPLICATE of 11 Notice of Appearance] NOTICE of APPEARANCE by Lee I. Sherman on behalf of Xavier Becerra, Edmund Gerald Brown, Jr, State of California. (Sherman, Lee) Modified on 3/9/2018 (Donati, J). (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

RECAP
14

PROPOSED BREFING SCHEDULE by Xavier Becerra, Edmund Gerald Brown, Jr., State of California. (Sherman, Lee) Modified on 3/12/2018 (Reader, L). (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

RECAP
15

NOTICE of APPEARANCE by Christine Chuang on behalf of Xavier Becerra, Edmund Gerald Brown, Jr, State of California. Attorney Chuang, Christine added. (Chuang, Christine) (Entered: 03/11/2018)

March 11, 2018

March 11, 2018

PACER
16

RESPONSE by United States of America to 14 Scheduling Report. (Reuveni, Erez) (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

RECAP
17

MINUTE ORDER: The parties are ordered not to file any further statements, responses, or arguments, see ECF Nos. 10, 14, 16, not specifically authorized or requested by the Court, see ECF No. 7 (requesting a stipulation by the parties). Only formal motions that comply with the Federal Rules of Civil Procedure, the Courts Local Rules, and this Courts Order re filing Requirements, ECF No. 5-2, will be considered by the Court. The Court authorizes Defendants to file their motion to transfer and the Court will decide this motion on shortened time. Defendants opening brief in support of the motion to transfer is due by March 13, 2018. Plaintiffs opposition is due March 20, 2018, and Defendants reply is due March 23, 2018. No hearing on this motion will be set as the Court will decide the motion on the papers. See E.D. Local Rule 230(g). Any motion for expedited discovery shall be filed with the assigned Magistrate Judge in this case, Kendall J. Newman. The parties are instructed to discuss a briefing schedule and contact Magistrate Judge Newmans chambers by the close of business tomorrow. The final briefing schedule for Plaintiffs Motion for Preliminary Injunction is, of course, dependent on the Courts rulings with respect to the motion to transfer and/or motion for expedited discovery. For now, amicus briefs in support of Plaintiffs motion are due March 26, 2018. Defendants opposition, amicus briefs in support of Defendant, Plaintiffs reply, and the hearing date on the Motion for Preliminary Injunction will, if necessary, be set following resolution of the motion to transfer. (TEXT ENTRY ONLY) (Vine, H) (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

PACER
18

MOTION to TRANSFER VENUE to the Northern District of California by Xavier Becerra, Edmund Gerald Brown, Jr, State of California. (Attachments: # 1 Proposed Order)(Chuang, Christine) Modified on 3/15/2018 (Reader, L). (Entered: 03/13/2018)

1 Proposed Order

View on PACER

March 13, 2018

March 13, 2018

RECAP
19

REQUEST for JUDICIAL NOTICE by Xavier Becerra, Edmund Gerald Brown, Jr, State of California. re 18 Motion to transfer venue. (Attachments: # 1 Exhibit A through I)(Chuang, Christine) Modified on 3/15/2018 (Reader, L). (Entered: 03/13/2018)

1 Exhibit A through I

View on RECAP

March 13, 2018

March 13, 2018

PACER
20

ORDER signed by Magistrate Judge Kendall J. Newman on 3/14/2018 ORDERING that, no later than 3/19/2018 at 4:00 PM Pacific Time, the parties shall file a joint letter brief re expedited discovery. The parties' joint letter brief shall not exceed 10 pages. Upon review of the parties joint letter brief, the court may elect to entertain oral argument or may submit the matter for decision without oral argument on the record and written briefing. If the court elects to entertain oral argument, it will be conducted on 3/21/2018, at 3:00 PM Pacific Time, in Courtroom No. 25 before the undersigned. The parties shall set aside that time in the interim for a potential court appearance. Telephonic appearances will be permitted. (Zignago, K.) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

RECAP
21

ORDER signed by Magistrate Judge Kendall J. Newman on 03/15/2018 CLARIFYING 20 Order: 1) Prior to the 3/19/2018 filing of the joint letter brief, parties are EXPECTED to meet and confer, which should include voice-to-voice dialogue; 2) To initiate such meet-and-confer efforts, the State of California shall promptly identify and provide to the United States what discovery is sought; 3) The parties shall the COOPERATIVELY prepare the joint letter brief; and 4) The joint letter brief shall not exceed 10 pages, in Times New Roman pt. 12 or equivalent font. (Donati, J) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

RECAP
22

JOINT LETTER BRIEF by Xavier Becerra, Edmund Gerald Brown, Jr, State of California. Attorney Hakl, Anthony R. added. (Hakl, Anthony) Modified on 3/20/2018 (Mena-Sanchez, L). (Entered: 03/19/2018)

March 19, 2018

March 19, 2018

RECAP
23

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 3/19/2018: Upon review of the joint letter brief (ECF No. 22 ), the Court CONFIRMS the 3/21/2018 discovery hearing at 03:00 PM (Pacific Time) in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Counsel appearing by telephone for the hearing are instructed to call 5 minutes prior to the hearing into the conference line 1-888-363-4734 and use the access code 1245690 plus # and security code 4223 plus # when prompted. (TEXT ONLY ENTRY) (Waldrop, A) (Entered: 03/19/2018)

March 19, 2018

March 19, 2018

PACER
24

NOTICE of APPEARANCE by August Edward Flentje on behalf of United States of America. Attorney Flentje, August Edward added. (Flentje, August) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
25

OPPOSITION by United States of America to 18 Motion to Transfer Venue. (Attachments: # 1 Exhibit A)(Press, Joshua) (Entered: 03/20/2018)

1 Exhibit A

View on PACER

March 20, 2018

March 20, 2018

PACER
26

MINUTES (Text Only) for proceedings before Magistrate Judge Kendall J. Newman: DISCOVERY HEARING held on 3/21/2018. Counsel for parties present. The Court and counsel discussed discovery related issues in the case. Order to issue. Plaintiff's Counsel David Shelledy, Lauren Bingham, and August Flentje present. Defendants' Counsel Anthony Hakl and Lee Sherman present. Court Reporter: Kimberly Bennett. (Waldrop, A) (Entered: 03/21/2018)

March 21, 2018

March 21, 2018

PACER
27

TRANSCRIPT REQUEST by Xavier Becerra, Edmund Gerald Brown, Jr, State of California for proceedings held on March 21, 2018 before Judge Kendall J. Newman. Court Reporter Kimberly Bennett. (Sherman, Lee) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER
28

ORDER signed by Magistrate Judge Kendall J. Newman on 3/22/2018 GRANTING-IN-PART and DENYING-IN-PART California's Request for Expedited Discovery. California may depose Thomas D. Moman and Todd Hoffman on the terms outlined in the order. No later than 3/23/2018 at 12:00 pm. Pacific Time, California shall provide the United States a list of paragraphs in the deponents' declarations containing alleged specific facts of irreparable injury for which existing supportive documents should be produced at the depositions. Any request for expedited discovery beyond the parameters of this order is DENIED. (Donati, J) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

RECAP
29

TRANSCRIPT REQUEST by United States of America for proceedings held on March 21, 2018 before Judge Kendall J. Newman. Court Reporter Kimberly Bennett. (Shelledy, David) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
30

REPLY by Xavier Becerra, Edmund Gerald Brown, Jr, State of California re 18 Motion to Transfer Venue. (Attachments: # 1 Request for Judicial Notice & Exhibits A-D) (Sherman, Lee) (Entered: 03/23/2018)

1 Request for Judicial Notice & Exhibits A-D

View on PACER

March 23, 2018

March 23, 2018

PACER
31

MOTION for 11-DAY EXTENSION OF TIME by United States of America to Allow Amicus Filings On Plaintiff's Behalf re 17 Minute Order. (Press, Joshua) Modified on 3/26/2018 (Donati, J). (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

RECAP
32

MOTION for LEAVE to FILE AMICI CURIAE BRIEF by the American Center for Law and Justice. Attorney Kozina, Vladimir F. added. (Attachments: # 1 Proposed Amicus Curiae Brief, # 2 Proposed Order)(Kozina, Vladimir) Modified on 3/26/2018 (Donati, J). (Entered: 03/26/2018)

1 Proposed Amicus Curiae Brief

View on PACER

2 Proposed Order

View on PACER

March 26, 2018

March 26, 2018

PACER
33

[DISREGARD- DUPLICATE of 32 Motion ] MOTION for LEAVE by the American Center for Law and Justice to filed Amicus Curiae in support of 2 Motion for Preliminary Injunction. (Attachments: # 1 Proposed Amicus Curiae Brief, # 2 Proposed Order)(Kozina, Vladimir) Modified on 3/26/2018 (Donati, J). (Entered: 03/26/2018)

1 Exhibit Amicus Curiae Brief Supporting Plaintiff's Motion

View on PACER

2 Proposed Order

View on PACER

March 26, 2018

March 26, 2018

PACER
34

MINUTE ORDER (Text Only) issued by Courtroom Deputy J. Streeter for District Judge John A. Mendez on 03/26/2018: The United States' Motion for 11-Day Extension of Time for Amicus Filings on Plaintiff's Behalf, ECF No. 31, is GRANTED. Amicus briefs in support of Plaintiff's motion are now due April 6, 2018. (Streeter, J) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
35

NOTICE of APPEARANCE by David Jonathan Hacker on behalf of State of Texas, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Michigan, State of Missouri, State of Nebraska, State Of Nevada, State of Ohio, State of Oklahoma, State of South Carolina, State of West Virginia, Phil Bryant, Paul Lepage. (Hacker, David) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
36

MOTION for LEAVE to FILE AMICI CURIAE BRIEF by Phil Bryant, Paul Lepage, State Of Nevada, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Michigan, State of Missouri, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Texas, State of West Virginia to file Amicus Curiae in support of 2 Motion for Preliminary Injunction. (Attachments: # 1 Proposed Amicus Curiae Brief, # 2 Proposed Order)(Hacker, David) Modified on 3/26/2018 (Donati, J). (Entered: 03/26/2018)

1 Proposed Amicus Curiae Brief

View on RECAP

2 Proposed Order

View on PACER

March 26, 2018

March 26, 2018

RECAP
37

MINUTE ORDER (Text Only) issued by Courtroom Deputy J. Streeter for District Judge John A. Mendez on 03/27/2018: Amici curiae are advised that the Court will only consider briefing that helps the Court beyond the help the lawyers for the parties are able to provide; duplicative or cumulative arguments will not be considered. Amici should substantially comply with Federal Rule of Appellate Procedure 29(a), except that parties should look to the Federal Rules of Civil Procedure and Local Rules for guidance as to form. Briefs shall not exceed 15 pages. (Streeter, J) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

PACER
38

STIPULATION for EXTENSION of TIME to Respond to 1 Complaint until 4/25/2018. (Sherman, Lee) Modified on 3/28/2018 (Donati, J). (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

RECAP
39

ORDER signed by District Judge John A. Mendez on 3/29/2018 DENYING 18 Motion to Transfer Case to the Northern District of California. (Donati, J) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

RECAP
40

TRANSCRIPT of Proceedings held on 3/21/18, before Magistrate Judge Kendall J. Newman, filed by Court Reporter Kimberly Bennett, Phone number 916-442-8420 E-mail reporter.bennett@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 4/19/2018. Redacted Transcript Deadline set for 4/30/2018. Release of Transcript Restriction set for 6/28/2018. (Bennett, K) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
41

ORDER signed by District Judge John A. Mendez on 3/29/2018 ORDERING: Defendants' Opposition Brief due by 5/4/2018; Amici Curiae Briefs due by 5/18/2018; Plaintiff's Reply Brief due by 6/8/2018; and the hearing on 2 Motion for Preliminary Injunction hearing set for 6/20/2018 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Donati, J) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

RECAP
42

MINUTE ORDER: The Court has received and reviewed two motions for leave to file amicus curiae briefs in support of Plaintiff, one by the American Center for Law and Justice, ECF No. 32, and one by the States of Texas, Alabama, Arkansas, Florida, Georgia, Indiana, Kansas, Louisiana, Michigan, Missouri, Nebraska, Nevada, Ohio, Oklahoma, South Carolina, West Virginia, and the Governors of Mississippi and Maine, ECF No. 36. The Court GRANTS each motion and the proposed briefs, ECF Nos. 32-1, 36-1, are deemed filed. (TEXT ENTRY ONLY) (Vine, H) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

PACER
43

AMICUS CURIAE BRIEF by American Center for Law and Justice in Support of 2 Motion for Preliminary Injunction. (Donati, J) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

RECAP
44

AMICI CURIAE BRIEF by Phil Bryant, Paul Lepage, State Of Nevada, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Michigan, State of Missouri, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Texas, State of West Virginia in Support of 2 Motion for Preliminary Injunction. (Donati, J) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

RECAP
45

NOTICE of APPEARANCE by Cherokee Dawn-Marie Melton on behalf of Xavier Becerra, Edmund Gerald Brown, Jr, State of California. Attorney Melton, Cherokee Dawn-Marie added. (Melton, Cherokee) (Entered: 04/02/2018)

April 2, 2018

April 2, 2018

PACER
46

AMENDED DECLARATIONS by United States of America in Support of 2 Motion for Preliminary Injunction (Attachments: # 1 Supplemental Declaration of Thomas Homan, # 2 Amended Declaration of Thomas Homan, # 3 Supplemental Declaration of Todd Hoffman, # 4 Amended Declaration of Todd Hoffman)(Bingham, Lauren) Modified on 4/2/2018 (Donati, J). (Entered: 04/02/2018)

1 Supplemental Declaration of Thomas Homan

View on PACER

2 Amended Declaration of Thomas Homan

View on PACER

3 Supplemental Declaration of Todd Hoffman

View on PACER

4 Amended Declaration of Todd Hoffman

View on PACER

April 2, 2018

April 2, 2018

PACER
47

MOTION for LEAVE to FILE AMICI CURIAE BRIEF in Support of Plaintiff by National Sheriffs' Association, Advocates for Victims of Illegal Alien Crime, Fight Sanctuary State. Attorney Axelrod, Julie Beth added. (Attachments: # 1 Proposed Amicus Brief)(Axelrod, Julie) Modified on 4/6/2018 (Mena-Sanchez, L). (Entered: 04/06/2018)

1 Proposed Amicus Brief

View on PACER

April 6, 2018

April 6, 2018

PACER
48

AMICI CURIAE BRIEF by Criminal Justice Legal Foundation and Michael Rushford in SUPPORT of 2 Motion for Preliminary Injunction. Attorney Scheidegger, Kent Stephen added. (Scheidegger, Kent) Modified on 4/6/2018 (Donati, J). (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

RECAP
49

MOTION for LEAVE to FILE AMICI CURIAE BRIEF by Federal Law Enforcement Officers Association and National Border Patrol Council. Attorney Benbrook, Bradley A. added. (Benbrook, Bradley) Modified on 4/6/2018 (Mena-Sanchez, L). (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

RECAP
50

MOTION for LEAVE to FILE AMICI CURIAE BRIEF by City of Aliso Viejo, City of Barstow, City of Escondido, City of Fountain Valley, City of Hesperia, City of Mission Viejo, City of Yorba Linda, Mike Spence, David Harrington, Jim Desmond, Rebecca Jones, Ryan Vienna, Dana T Rohrabacher. Attorney Joseph, Lawrence John added. (Attachments: # 1 Corporate Disclosure, # 2 Proposed Order, # 3 Proposed Amici Curiae Brief, # 4 Addendum to Amici Brief)(Joseph, Lawrence) Modified on 4/9/2018 (Donati, J). (Entered: 04/06/2018)

1 Corporate Disclosure

View on PACER

2 Proposed Order

View on PACER

3 Proposed Amici Curiae Brief

View on RECAP

4 Addendum to Amici Curiae Brief

View on PACER

April 6, 2018

April 6, 2018

RECAP
51

STIPULATION and PROPOSED PROTECTIVE ORDER by United States of America. (Bingham, Lauren) Modified on 4/10/2018 (Donati, J). (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
52

MINUTE ORDER: Amici curiae are advised that the Court will only consider briefing that helps the Court beyond the help the lawyers for the parties are able to provide; duplicative or cumulative arguments will not be considered. Amici should substantially comply with Federal Rule of Appellate Procedure 29(a), except that parties should look to the Federal Rules of Civil Procedure and Local Rules for guidance as to form. Briefs shall not exceed 15 pages. (TEXT ENTRY ONLY) (Vine, H) (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

PACER
53

STIPULATED PROTECTIVE ORDER signed by District Judge John A. Mendez on 4/11/2018. (Fabillaran, J) (Entered: 04/12/2018)

April 12, 2018

April 12, 2018

RECAP
54

MINUTE ORDER: The Court has received and reviewed three motions for leave to file amicus curiae briefs in support of Plaintiff, one by the National Sheriffs Association, Advocates for Victims of Illegal Alien Crime, and Fight Sanctuary State, ECF No. 47, one by the Federal Law Enforcement Officers and National Border Patrol Council, ECF No. 49, and one by municipalities and elected officials, ECF No. 50. The Court GRANTS each motion and the proposed briefs, ECF Nos. 47-1, 49, and 50-3 are deemed filed. (TEXT ENTRY ONLY)(Vine, H) (Entered: 04/12/2018)

April 12, 2018

April 12, 2018

PACER
55

AMICI CURIAE BRIEF by Advocates for Victims of Illegal Alien Crime, Fight Sanctuary State, National Sheriffs' Association in Support of 2 Motion for Preliminary Injunction. (Donati, J) (Entered: 04/12/2018)

April 12, 2018

April 12, 2018

RECAP
56

AMICI CURIAE BRIEF by Federal Law Enforcement Officers Association and National Border Patrol Council. (Donati, J) (Entered: 04/12/2018)

April 12, 2018

April 12, 2018

RECAP
57

AMICI CURIAE BRIEF by Municipalities and Elected Officials in Support of 2 Motion for Preliminary Injunction. (Donati, J) (Entered: 04/12/2018)

April 12, 2018

April 12, 2018

RECAP
58

NOTICE of APPEARANCE by John Wisner Golden on behalf of County of Orange, Sandra Hutchens, Sheriff-Coroner for the County of Orange. Attorney Golden, John Wisner added. (Golden, John) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
59

MOTION to INTERVENE by County of Orange, Sandra Hutchens, Sheriff-Coroner for the County of Orange. Motion Hearing set for 6/5/2018 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: # 1 Declaration Jack W. Golden, # 2 Exhibit 1, # 3 Declaration Robert J. Peterson, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Proposed Order)(Golden, John) Modified on 4/23/2018 (Reader, L). (Entered: 04/20/2018)

1 Declaration Jack W. Golden

View on PACER

2 Exhibit 1

View on PACER

3 Declaration Robert J. Peterson

View on PACER

4 Exhibit 1

View on PACER

5 Exhibit 2

View on PACER

6 Exhibit 3

View on PACER

7 Exhibit 4

View on PACER

8 Exhibit 5

View on PACER

9 Exhibit 6

View on PACER

10 Exhibit 7

View on PACER

11 Proposed Order

View on PACER

April 20, 2018

April 20, 2018

RECAP
60

CERTIFICATE of SERVICE by County of Orange, Sandra Hutchens, Sheriff-Coroner for the County of Orange re 59 Motion to Intervene, 58 Notice of Appearance. (Golden, John) Modified on 4/23/2018 (Reader, L). (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
61

STIPULATION and PROPOSED ORDER for Re: Extension of Time for the State of California to Respond to the United States' Complaint by Xavier Becerra, Edmund Gerald Brown, Jr, State of California. (Hakl, Anthony) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
62

STIPULATION and ORDER signed by District Judge John A. Mendez on 4/24/18 ORDERING that The State of California's time to respond to the complaint is EXTENDED an additional nine (9) days, up to and including 5/4/18. (Mena-Sanchez, L) (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

RECAP

Service by Mail

April 24, 2018

April 24, 2018

PACER
63

MOTION to INTERVENE by Dana T. Blackmore. Motion Hearing set for 6/5/2018 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: # 1 Proposed Complaint in Intervention, # 2 Proposed Order)(Donati, J) (Entered: 04/24/2018)

1 Proposed Complaint in Intervention

View on PACER

2 Proposed Order

View on PACER

April 24, 2018

April 24, 2018

PACER
64

MOTION for PERMISSION to ELECTRONICALLY FILE by Dana T. Blackmore. (Attachments: # 1 Proposed Order)(Donati, J) (Entered: 04/24/2018)

1 Proposed Order

View on PACER

April 24, 2018

April 24, 2018

PACER
65

MINUTE ORDER: The Court has received Proposed Intervenor Dana T. Blackmores (Blackmore) Motion for Permission to Electronically File. ECF No. 64. Blackmore is appearing pro se. Local Rule 133 provides that [a]ny person appearing pro se may not utilize electronic filing except with the permission of the assigned Judge or Magistrate JudgeAll pro se parties shall file and serve paper documents as required by applicable Federal Rules of Civil or Criminal Procedure or by these Rules. E.D. Cal. L.R. 133(b)(2). Blackmores motion does not set forth a compelling reason why the Court should deviate from the Local Rules and its standard practice of disallowing the use of electronic filing by pro se litigants. See E.D. Cal. L.R. 133(b)(3). Blackmores motion is DENIED. (TEXT ENTRY ONLY) (Vine, H) (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

PACER

SERVICE BY MAIL: 65 Minute Order served on Dana T. Blackmore. (Donati, J)

April 24, 2018

April 24, 2018

PACER
66

ORDER signed by District Judge John A. Mendez on 4/27/2018 DENYING 63 Motion to Intervene. Dana T. Blackmore terminated. (Donati, J) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

RECAP

Service by Mail

April 27, 2018

April 27, 2018

PACER

SERVICE BY MAIL: 66 Order served on Dana T. Blackmore. (Donati, J)

April 27, 2018

April 27, 2018

PACER
67

JOINT STATUS REPORT by Xavier Becerra, Edmund Gerald Brown, Jr, State of California and United States of America (Hakl, Anthony) Modified on 4/27/2018 (Donati, J). (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
68

AMENDED 64 MOTION for PERMISSION to ELECTRONICALLY FILE by Dana T. Blackmore. (York, M) (Entered: 04/30/2018)

April 27, 2018

April 27, 2018

PACER
69

MINUTE ORDER: The Court has received Dana T. Blackmores Amended Motion for Permission to Electronically File. ECF No. 68. The Court denied Blackmores Motion to Intervene. See ECF No. 66. Blackmores Amended Motion for Permission to Electronically File is DENIED as moot. (TEXT ENTRY ONLY) (Vine, H) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER

Service by Mail

April 30, 2018

April 30, 2018

PACER

SERVICE BY MAIL: 69 Minute Order served on Dana T. Blackmore. (Donati, J)

April 30, 2018

April 30, 2018

PACER
70

CERTIFICATE of SERVICE by County of Orange, Sandra Hutchens re 60 Certificate of Service, 59 Motion to Intervene, 58 Notice of Appearance. (Golden, John) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
71

ORDER signed by District Judge John A. Mendez on 4/30/18: No hearing date and no dates for the filing of the opposition and reply briefs for Defendants' anticipated Motion to Dismiss will be set at this time. The Motion to Dismiss will not, under any circumstances, be heard before June 20, 2018. The requests to enlarge the Court's page limits for the Motion to Dismiss are denied. (Kaminski, H) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

RECAP
72

CERTIFICATE of SERVICE by County of Orange, Sandra Hutchens re 60 Certificate of Service, 59 Motion to Intervene, 58 Notice of Appearance. (Golden, John) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
73

MOTION to INTERVENE by Coalition for Humane Immigrant Rights, California Partnership to End Domestic Violence. Attorney Amdur, Spencer E. W. added. Motion Hearing set for 6/5/2018 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: # 1 Memorandum, # 2 Proposed Opposition to Motion for Preliminary Injuction, # 3 Proposed Motion to Dismiss, # 4 Declaration of Kathy Moore, # 5 Declaration of Angelica Salas, # 6 Proposed Order)(Amdur, Spencer) Modified on 5/7/2018 (Fabillaran, J). (Entered: 05/04/2018)

1 Memorandum

View on PACER

2 Proposed Opposition to Motion for Preliminary Injuction

View on PACER

3 Proposed Motion to Dismiss

View on PACER

4 Declaration of Kathy Moore

View on PACER

5 Declaration of Angelica Salas

View on PACER

6 Proposed Order

View on PACER

May 4, 2018

May 4, 2018

PACER
74

OPPOSITION by Xavier Becerra, Edmund Gerald Brown, Jr, State of California to 2 Motion for Preliminary Injunction. (Attachments: # 1 Proposed Order # 2 Declaration of Cherokee Melton)(Sherman, Lee) Modified on 5/7/2018 (Fabillaran, J). (Entered: 05/04/2018)

1 Proposed Order

View on PACER

2 Declaration of Cherokee Melton

View on PACER

May 4, 2018

May 4, 2018

RECAP
75

DECLARATION of Joe Dominic in opposition to 2 Motion for Preliminary Injunction. (Attachments: # 1 Declaration of Chris Caligiuri, # 2 Declaration of Arif Alikhan, # 3 Declaration of Jim Hart, # 4 Declaration of Jeffrey Rosen, # 5 Declaration of Diana Carbajal, # 6 Declaration of Holly Cooper, # 7 Declaration of Tom Wong)(Sherman, Lee) (Entered: 05/04/2018)

1 Declaration of Chris Caligiuri

View on PACER

2 Declaration of Arif Alikhan

View on PACER

3 Declaration of Jim Hart

View on PACER

4 Declaration of Jeffrey Rosen

View on PACER

5 Declaration of Diana Carbajal

View on RECAP

6 Declaration of Holly Cooper

View on RECAP

7 Declaration of Tom Wong

View on PACER

May 4, 2018

May 4, 2018

RECAP
76

NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by All Defendants. (Sherman, Lee) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER
77

MOTION to DISMISS by Xavier Becerra, Edmund Gerald Brown, Jr, State of California. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order)(Sherman, Lee) Modified on 5/7/2018 (Fabillaran, J). (Entered: 05/04/2018)

1 Memorandum of Points and Authorities

View on RECAP

2 Proposed Order

View on PACER

May 4, 2018

May 4, 2018

PACER
78

REQUEST for JUDICIAL NOTICE by Xavier Becerra, Edmund Gerald Brown, Jr, State of California in Support of 77 Motion to Dismiss and 74 Opposition to Motion. (Attachments: # 1 Proposed Order)(Sherman, Lee) Modified on 5/7/2018 (Fabillaran, J). (Entered: 05/04/2018)

1 Proposed Order

View on PACER

May 4, 2018

May 4, 2018

RECAP
79

MINUTE ORDER: After reviewing Defendants Motion to Dismiss, ECF No. 77, and Opposition to the Preliminary Injunction, ECF No. 74, the Court has determined that it will conserve judicial resources and set the hearing on the Motion to Dismiss for the same date and time as the hearing on the Motion for Preliminary Injunction. See ECF No. 41. Plaintiffs opposition is due June 6, 2018, and Defendants reply is due June 13, 2018. The parties are reminded of the Courts instruction cautioning against objections to evidence. ECF No. 41. This instruction does not extend to Defendants requests for judicial notice, see ECF No. 78, which Plaintiff may address where pertinent. (TEXT ENTRY ONLY) (Vine, H) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
80

ORDER signed by District Judge John A. Mendez on 5/7/2018 GRANTING 76 Request to Seal Documents in Support of Defendants' Opposition to Motion for Preliminary Injunction. (Fabillaran, J) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

RECAP
81

SEALED EVENT (Attachments: # 1 part 2, # 2 part 3) (Donati, J) (Entered: 05/08/2018)

May 7, 2018

May 7, 2018

PACER
82

NOTICE of APPEARANCE by Cody H. Wofsy on behalf of California Partnership to End Domestic Violence, Coalition for Humane Immigrant Rights. Attorney Wofsy, Cody H. added. (Wofsy, Cody) (Entered: 05/08/2018)

May 8, 2018

May 8, 2018

PACER
83

NOTICE of FILING CORRECTED 74 DECLARATION by Defendants. (Attachments: # 1 Supplemental Declaration of Cherokee Melton, # 2 Amended Declaration of Cherokee Melton )(Melton, Cherokee) Modified on 5/21/2018 (Benson, A.). (Entered: 05/14/2018)

1 Supplemental Declaration of Cherokee Melton in Support of Defendants' Oppo

View on PACER

2 Amended Declaration of Cherokee Melton in Support of Defendants' Oppositio

View on PACER

May 14, 2018

May 14, 2018

PACER
84

MINUTES (Text Only) for proceedings before Magistrate Judge Kendall J. Newman: INFORMAL TELEPHONIC CONFERENCE held on 5/15/2018. Counsel for parties present and appearing by phone. Court and counsel discussed case. Minute Order to issue. Plaintiffs Counsel Lauren Bingham and Erez Reuveni present. Defendants Counsel Lee Sherman and Cherokee Melton present. (Waldrop, A) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
85

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 5/15/2018: A discovery conference in this matter is set for 05/18/2018 at 09:30 a.m. Pacific Time in Courtroom No. 25 before Judge Newman. The parties may appear in person or by telephone. If a telephonic appearance is desired, the parties shall promptly contact the undersigned's courtroom deputy clerk at (916) 930-4187 to make appropriate arrangements. Additionally, no later than 05/17/2018 at 11:00 a.m., the parties shall file a joint letter brief, limited to no more than 8 pages, addressing the parties' remaining disputes concerning proposed expedited discovery. (TEXT ONLY ENTRY) (Waldrop, A) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
86

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California Partnership to End Domestic Violence, Coalition for Humane Immigrant Rights for attorney Omar C. Jadwat to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-7661725) (Attachments: # 1 Certificate of Good Standing - Jadwat)(Amdur, Spencer) (Entered: 05/15/2018)

1 Certificate of Good Standing - Jadwat

View on PACER

May 15, 2018

May 15, 2018

PACER
87

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California Partnership to End Domestic Violence, Coalition for Humane Immigrant Rights for attorney Lee Gelernt to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-7661749) (Attachments: # 1 Certificate of Good Standing - Gelernt)(Amdur, Spencer) (Entered: 05/15/2018)

1 Certificate of Good Standing - Gelernt

View on PACER

May 15, 2018

May 15, 2018

PACER
88

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Proposed Amici Current and Former Prosecutors and Law Enforcement Leaders for attorney Joshua A. Geltzer to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-7661815) (Pitts, Patrick) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
89

PRO HAC VICE ORDER signed by District Judge John A. Mendez on 5/16/18. Added Attorney Lee Gelernt for California Partnership to End Domestic Violence and Coalition for Humane Immigrant Rights. (Mena-Sanchez, L) (Entered: 05/16/2018)

May 16, 2018

May 16, 2018

PACER
90

NOTICE of APPEARANCE by Francesca Genova on behalf of United States of America. Attorney Genova, Francesca added. (Genova, Francesca) (Entered: 05/16/2018)

May 16, 2018

May 16, 2018

PACER
91

PRO HAC VICE ORDER signed by District Judge John A. Mendez on 5/16/18. Added Attorney Omar C. Jadwat, PHV for California Partnership to End Domestic Violence and Coalition for Humane Immigrant Rights. (Mena-Sanchez, L) (Entered: 05/16/2018)

May 16, 2018

May 16, 2018

PACER
92

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Tahirih Justice Center for attorney Jamie S. Gorelick to appear Pro Hac Vice. Attorney Babbitt, Christopher Edmunds added. (Filing fee $ 225, receipt number 0972-7662576) (Attachments: # 1 Certificate of Good Standing)(Babbitt, Christopher) Modified on 5/16/2018 (Nelson, J). (Entered: 05/16/2018)

1 Certificate of Good Standing

View on PACER

May 16, 2018

May 16, 2018

PACER
93

PRO HAC VICE ORDER signed by District Judge John A. Mendez on 5/16/18. Added Attorney Jamie S. Gorelick, PHV for Tahirih Justice Center. (Becknal, R) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

PACER
94

PRO HAC VICE ORDER signed by District Judge John A. Mendez on 5/16/18. Added Attorney Joshua A. Geltzer, PHV for Proposed Amici Current and Former Prosecutors and Law Enforcement Leaders. (Becknal, R) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 6, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

United States federal government

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of California, State

Case Details

Causes of Action:

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

Constitutional Clause(s):

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Issues

General:

Records Disclosure

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in detention facilities

Discrimination-basis:

Immigration status

Immigration/Border:

Detention - conditions

Detention - criteria

Detention - procedures

Employment

ICE/DHS/INS raid

Sanctuary city/state