U.S. District Court California Northern District (Oakland) CIVIL DOCKET FOR CASE #: 4:19-cv-00872-HSG

State of California et al v. Trump et al

Date Filed: 02/18/2019

Assigned to: Judge Haywood S Gilliam, Jr

Jury Demand: None

Relate Case Cases: 4:19-cv-00892-HSG 4:20-cv-01563-HSG
Case in other court: Ninth Circuit Court of Appeals, 19-16299

Nature of Suit: 890 Other Statutory Actions Jurisdiction: U.S. Government Defendant

Ninth Circuit Court of Appeals, 19-

16336

Ninth Circuit Court of Appeals, 19-

17502

Ninth Circuit Court of Appeals, 20-

15044

Cause: 42:4321 Review of Agency Action-Environment

Plaintiff State of California

represented by Christine Chuang California Department of Justice 455 Golden Gate Avenue Suite 11000 San Francisco, CA 94102-7004 415-510-3525 Email: christine.chuang@doj.ca.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lee Isaac Sherman California Department of Justice 300 S. Spring Street Suite 1702 Los Angeles, CA 90013 (213) 269-6404 Fax: 213 897-7605 Email: lee.sherman@doj.ca.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brian Jeffrey Bilford California Attorney General's Office Civil Rights Enforcement Section

300 S. Spring St. Los Angeles, CA 90013 213-269-6341 Email: brian.bilford@doj.ca.gov ATTORNEY TO BE NOTICED
Edward Henry Ochoa Ofc Attorney General 600 W. Broadway Ste. 1800 San Diego, CA 92101 619-738-9323 Fax: 619-645-2271 Email: Ed.Ochoa@doj.ca.gov ATTORNEY TO BE NOTICED
Heather Colleen Leslie Attorney General's Office Dept. of Justice 1300 I Street Sacramento, CA 95814 (916) 445-3302 Fax: (916) 327-2319 Email: heather.leslie@doj.ca.gov ATTORNEY TO BE NOTICED
James F. Zahradka , II California Department of Justice Bureau of Children's Justice 1515 Clay Street, Suite 2000 Oakland, CA 94612 (510) 622-2239 Fax: (510) 622-2121 Email: james.zahradka@doj.ca.gov ATTORNEY TO BE NOTICED
Janelle M. Smith California State Attorney General's Office 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 415-703-5521 Fax: 415-703-5843 Email: Janelle.Smith@doj.ca.gov ATTORNEY TO BE NOTICED

Plaintiff State of Colorado

Michael Phillip Cayaban Ofc Attorney General 600 West Broadway Suite 1800 San Diego, CA 92101 (619)738-9313 Fax: 619-645-2271 Email: mike.cayaban@doj.ca.gov ATTORNEY TO BE NOTICED
Noah Marc Golden-Krasner California Department of Justice 300 South Spring Street Los Angeles, CA 90013 213-269-6343 Email: noah.goldenkrasner@doj.ca.gov ATTORNEY TO BE NOTICED
Sparsh S Khandeshi California Department of Justice Public Rights Division 600 W. Broadway Suite 1800 San Diego, CA 92101 619-738-9061 Fax: 619-645-2012 Email: sparsh.khandeshi@doj.ca.gov ATTORNEY TO BE NOTICED
represented by Lee Isaac Sherman California Department of Justice 300 S. Spring Street Los Angeles, CA 90013 (213) 269-6404 Email: lee.sherman@doj.ca.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Reuel Olson Office of the Attorney General 1300 Broadway, 10th Floor Denver, CO 80203 7205086548

Plaintiff State of Connecticut
Plaintiff State of Delaware

Email: eric.olson@coag.gov PRO HAC VICE ATTORNEY TO BE NOTICED
Heather Colleen Leslie (See above for address) ATTORNEY TO BE NOTICED
James F. Zahradka , II (See above for address) ATTORNEY TO BE NOTICED
represented by Lee Isaac Sherman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Margaret Chapple Connecticut Attorney General's Office Administration 55 Elm Street Hartford, CT 06106 860-808-5045 Email: margaret.chapple@ct.gov ATTORNEY TO BE NOTICED
James F. Zahradka , II (See above for address) ATTORNEY TO BE NOTICED
represented by David Jay Lyons Delaware Department of Justice 820 N. French St. Wilmington, De 19801 United Sta (302)577-8413 Fax: (302)577-6630 Email: david.lyons@state.de.us LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff State of Hawaii

Lee Isaac Sherman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Christian Douglas Wright Delaware Department of Justice 820 N. French Street 5th Floor Wilmingon, DE 19801 302-577-8944 Email: christian.wright@delaware.gov ATTORNEY TO BE NOTICED
James F. Zahradka , II (See above for address) ATTORNEY TO BE NOTICED
represented by Clyde James Wadsworth Dept. of the Attorney General 425 Queen Street Honolulu, HI 96813 808-586-1360 Fax: 808-586-8116 Email: Clyde.J.Wadsworth@hawaii.gov TERMINATED: 10/11/2019 LEAD ATTORNEY
Lee Isaac Sherman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Heather Colleen Leslie (See above for address) ATTORNEY TO BE NOTICED
Robert Tadao Nakatsuji Department of the Attorney General Appellate Division 425 Queen Street Honolulu, HI 96813 United Sta

Plaintiff State of Maine
Plaintiff State of Minnesota

808-586-1360 Fax: 808-586-8116 Email: Robert.T.Nakatsuji@hawaii.gov PRO HAC VICE ATTORNEY TO BE NOTICED
James F. Zahradka , II (See above for address) ATTORNEY TO BE NOTICED
represented by Lee Isaac Sherman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan P. Herman Office of the Attorney General Litigation Division 6 State House Station Augusta, ME 04333-0006 207-626-8814 Fax: 207-287-3145 Email: susan.herman@maine.gov PRO HAC VICE ATTORNEY TO BE NOTICED
James F. Zahradka , II (See above for address) ATTORNEY TO BE NOTICED
represented by Lee Isaac Sherman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jacob Daniel Campion Office of Minnesota Attorney General 445 Minnesota Street Suite 1100 Saint Paul, MN 55101 651-757-1459

Plaintiff State of New Jersey
Plaintiff State of New Mexico

Email: jacob.campion@ag.state.mn.us PRO HAC VICE ATTORNEY TO BE NOTICED
James F. Zahradka , II (See above for address) ATTORNEY TO BE NOTICED
represented by Jeremy Feigenbaum Assistant Attorney General New Jersey Attorney Generals Office 25 Market Street Trenton, NJ 08625 609-376-3235 Email: Jeremy.Feigenbaum@njoag.gov LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Lee Isaac Sherman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James F. Zahradka , II (See above for address) ATTORNEY TO BE NOTICED
represented by Lee Isaac Sherman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew L. Garcia Governor's General Counsel P.O. Drawer 1508 Santa Fe, NM 87504-1508 505-842-9960 Fax: 505-842-0761 Email: tmaestas@nmag.gov

Plaintiff State of Nevada
Plaintiff

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Heather Colleen Leslie (See above for address) ATTORNEY TO BE NOTICED
Tania Maestas NM Office of the Attorney General P.O. Drawer 1508 Santa Fe, NM 87504-1508 505-490-4048 Fax: 505-490-4883 Email: tmaestas@nmag.gov PRO HAC VICE ATTORNEY TO BE NOTICED
James F. Zahradka , II (See above for address) ATTORNEY TO BE NOTICED
represented by Heidi Parry Stern Solicitor General Office of the Nevada Attorney General 555 E. Washington Avenue, Suite 3900 Las Vegas, NV 89101 (702) 486-3594 Fax: (702) 486-3773 Email: hstern@ag.nv.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lee Isaac Sherman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James F. Zahradka , II (See above for address) ATTORNEY TO BE NOTICED

State of New York

represented by Lee Isaac Sherman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew Colangelo Chief Counsel for Federal Initiatives Office of the New York State Attorney General 28 Liberty Street New York, NY 10005 212-416-6057 Email: matthew.colangelo@ag.ny.gov LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Amanda Meyer New York Office of the Attorney General 28 Liberty Street New York, NY 10005 212-416-6225 Email: Amanda.Meyer@ag.ny.gov PRO HAC VICE ATTORNEY TO BE NOTICED
Gavin Geraghty McCabe New York State Office of Attorney General 28 Liberty Street 19th Floor New York, NY 10005 212-416-8469 Fax: 212-416-6007 Email: gavin.mccabe@ag.ny.gov ATTORNEY TO BE NOTICED
Heather Colleen Leslie (See above for address) ATTORNEY TO BE NOTICED
James F. Zahradka , II (See above for address) ATTORNEY TO BE NOTICED

Plaintiff State of Oregon
Plaintiff Commonwealth of Virginia

represented by Jeanne Nicole DeFever Oregon Dept of Justice Trial Division 100 SW Market Street Portland, OR 97201 971-673-1880 Fax: 971-673-5000 Email: nicole.defever@doj.state.or.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lee Isaac Sherman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Heather Colleen Leslie (See above for address) ATTORNEY TO BE NOTICED
Henry Kantor Oregon Department of Justice 100 SW Market St Portland, OR 97201 971-673-3805 Email: henry.kantor@doj.state.or.us TERMINATED: 10/31/2019 PRO HAC VICE
James F. Zahradka , II (See above for address) ATTORNEY TO BE NOTICED
represented by Brittany Marie Jones Office of the Attorney General Solicitor General Division 202 North Ninth Street Richmond, VA 23219 804-371-0667 Fax: 804-371-0200 Email: BJones2@oag.state.va.us TERMINATED: 09/23/2019

Plaintiff State of Illinois

LEAD ATTORNEY PRO HAC VICE
Lee Isaac Sherman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michelle S. Kallen Office of the Attorney General 202 North Ninth Street Richmond, VA 23219 804 786-7240 Fax: 804 371-0200 Email: SolicitorGeneral@oag.state.va.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Zachary Ryland Glubiak Office of the Attorney General 202 North Ninth Street Richmond, VA 23219 (804) 371-0667 Fax: (804) 371-0200 Email: zglubiak@oag.state.va.us LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Heather Colleen Leslie (See above for address) ATTORNEY TO BE NOTICED
James F. Zahradka , II (See above for address) ATTORNEY TO BE NOTICED
represented by Caleb Andrew Rush Office of the Attorney General 100 W Randolph St 12th Floor Chicago, IL 60601 (312) 814-2274 Email: caleb.rush.law@gmail.com

Plaintiff State of Maryland
Plaintiff Attorney General Dana Nessel on behalf of the People of Michigan

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lee Isaac Sherman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James F. Zahradka , II (See above for address) ATTORNEY TO BE NOTICED
represented by Jeffrey Paul Dunlap Maryland Office of the Attorney General 200 Saint Paul Place Baltimore, MD 21202 410-576-7906 Email: jdunlap@oag.state.md.us LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Lee Isaac Sherman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Heather Colleen Leslie (See above for address) ATTORNEY TO BE NOTICED
James F. Zahradka , II (See above for address) ATTORNEY TO BE NOTICED
represented by B. Eric Restuccia Michigan Department of Attorney General Solicitor General Division P.O. Box 30212 525 West Ottawa Street Lansing, mi 48909

Plaintiff State of Wisconsin
Plaintiff Commonwealth of Massachusetts

517-335-7628 Email: restucciae@michigan.gov LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Lee Isaac Sherman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James F. Zahradka , II (See above for address) ATTORNEY TO BE NOTICED
represented by Gabe Johnson-Karp 17 West Main Street Madison, WI 53703 608-267-8904 Email: johnsonkarpg@doj.state.wi.us PRO HAC VICE ATTORNEY TO BE NOTICED
Heather Colleen Leslie (See above for address) ATTORNEY TO BE NOTICED
Lee Isaac Sherman (See above for address) ATTORNEY TO BE NOTICED
James F. Zahradka , II (See above for address) ATTORNEY TO BE NOTICED
represented by Abigail Taylor Massachusetts Office of the Attorney General 1 Ashburton Place, 20th Floor Boston, MA 02108 United Sta (617) 963-2232

Plaintiff State of Vermont
Plaintiff State of Rhode Island

Email: abigail.taylor@mass.gov PRO HAC VICE ATTORNEY TO BE NOTICED
Lee Isaac Sherman (See above for address) ATTORNEY TO BE NOTICED
James F. Zahradka , II (See above for address) ATTORNEY TO BE NOTICED
represented by Benjamin Daniel Battles Office of the Attorney General 109 State Street Montpelier, VT 05609 802-828-5944 Fax: 802-828-3187 Email: benjamin.battles@vermont.gov PRO HAC VICE ATTORNEY TO BE NOTICED
Lee Isaac Sherman (See above for address) ATTORNEY TO BE NOTICED
James F. Zahradka , II (See above for address) ATTORNEY TO BE NOTICED
represented by Justin James Sullivan Rhode Island Office of the Attorney General Civil Division, Government Litigation Unit 150 South Main St. Providence, RI 02903 United Sta 401-274-4400 Fax: 401-222-2995 Email: jjsullivan@riag.ri.gov LEAD ATTORNEY

PRO HAC VICE ATTORNEY TO BE NOTICED
Lee Isaac Sherman (See above for address) ATTORNEY TO BE NOTICED
James F. Zahradka , II (See above for address) ATTORNEY TO BE NOTICED

V.
Defendant
Donald J. Trump in his official capacity as President of the United States of America

represented by Andrew Irwin Warden U.S. Department of Justice, Civil Division 1100 L. Street, NW Washington, DC 20530 202-616-5084 Fax: 202-616-8460 Email: andrew.warden@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Grant U.S. Department of Justice Environment and Natural Resources Division 950 Pennsylvania Avenue, N.W., Room 2611 Washington, DC 20530 (202) 514-0943 Email: eric.grant@usdoj.gov ATTORNEY TO BE NOTICED
James Mahoney Burnham United States Department of Justice 950 Pennsylvania Ave, NW Room 3131 Washington, DC 20530 202-353-5049 Email: james.burnham@usdoj.gov TERMINATED: 02/04/2020

Defendant United States of America
Defendant Department of Defense

Rachael Westmoreland U.S. Department of Justice Civil Division P.O. Box 883 Washington, DC 20044 (202) 514-1280 Email: rachael.westmoreland@usdoj.gov ATTORNEY TO BE NOTICED
represented by Andrew Irwin Warden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Grant (See above for address) ATTORNEY TO BE NOTICED
James Mahoney Burnham (See above for address) TERMINATED: 02/04/2020
Rachael Westmoreland (See above for address) ATTORNEY TO BE NOTICED
represented by Andrew Irwin Warden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Grant (See above for address) ATTORNEY TO BE NOTICED
James Mahoney Burnham (See above for address) TERMINATED: 02/04/2020
Rachael Westmoreland (See above for address) ATTORNEY TO BE NOTICED

Defendant Patrick M. Shanahan in his official capacity as Acting Secretary of Defense TERMINATED: 06/28/2019
Defendant Mark T. Esper in his official capacity as Acting Secretary of Defense
Defendant Richard V. Spencer in his official capacity as Secretary of the Navy

represented by Andrew Irwin Warden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Grant (See above for address) ATTORNEY TO BE NOTICED
James Mahoney Burnham (See above for address) TERMINATED: 02/04/2020 ATTORNEY TO BE NOTICED
Rachael Westmoreland (See above for address) ATTORNEY TO BE NOTICED
represented by Andrew Irwin Warden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Grant (See above for address) ATTORNEY TO BE NOTICED
James Mahoney Burnham (See above for address) TERMINATED: 02/04/2020
Rachael Westmoreland (See above for address) ATTORNEY TO BE NOTICED
represented by Andrew Irwin Warden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Grant (See above for address)

Defendant Heather Wilson in her official capacity as Secretary of the Air Force
Defendant U.S. Department of the Treasury

ATTORNEY TO BE NOTICED
James Mahoney Burnham (See above for address) TERMINATED: 02/04/2020
Rachael Westmoreland (See above for address) ATTORNEY TO BE NOTICED
represented by Andrew Irwin Warden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Grant (See above for address) ATTORNEY TO BE NOTICED
James Mahoney Burnham (See above for address) TERMINATED: 02/04/2020
Rachael Westmoreland (See above for address) ATTORNEY TO BE NOTICED
represented by Andrew Irwin Warden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Grant (See above for address) ATTORNEY TO BE NOTICED
James Mahoney Burnham (See above for address) TERMINATED: 02/04/2020
Rachael Westmoreland (See above for address) ATTORNEY TO BE NOTICED

Defendant Steven T. Mnuchin in his official capacity as Secretary of the Department of the Treasury
Defendant U.S. Department of the Interior
Defendant David Bernhardt in his official capacity as Acting Secretary of the Interior

represented by Andrew Irwin Warden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Grant (See above for address) ATTORNEY TO BE NOTICED
James Mahoney Burnham (See above for address) TERMINATED: 02/04/2020
Rachael Westmoreland (See above for address) ATTORNEY TO BE NOTICED
represented by Andrew Irwin Warden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Grant (See above for address) ATTORNEY TO BE NOTICED
James Mahoney Burnham (See above for address) TERMINATED: 02/04/2020
Rachael Westmoreland (See above for address) ATTORNEY TO BE NOTICED
represented by Andrew Irwin Warden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Grant (See above for address) ATTORNEY TO BE NOTICED

Defendant U.S. Department of Homeland Security
Defendant Kirstjen M. Nielsen in her official capacity as Secretary of Homeland Security TERMINATED: 06/28/2019

James Mahoney Burnham (See above for address) TERMINATED: 02/04/2020
Rachael Westmoreland (See above for address) ATTORNEY TO BE NOTICED
represented by Andrew Irwin Warden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Grant (See above for address) ATTORNEY TO BE NOTICED
James Mahoney Burnham (See above for address) TERMINATED: 02/04/2020
Rachael Westmoreland (See above for address) ATTORNEY TO BE NOTICED
represented by Andrew Irwin Warden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Grant (See above for address) ATTORNEY TO BE NOTICED
James Mahoney Burnham (See above for address) TERMINATED: 02/04/2020
Rachael Westmoreland (See above for address) ATTORNEY TO BE NOTICED

Defendant Stephen I. Vladeck
Defendant Ryan D. McCarthy in his official capacity as Acting Secretary of the Army
Defendant Kevin K. McAleenan in his official capacity as Acting Secretary of Homeland Security

represented by Elizabeth B. Wydra Constitutional Accountability Center 1200 18th Street, NW Suite 501 Washington, DC 20036 202 296 6889 Fax: 202 296 6895 Email: elizabeth@theusconstitution.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rachael Westmoreland (See above for address) ATTORNEY TO BE NOTICED
represented by Andrew Irwin Warden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Grant (See above for address) ATTORNEY TO BE NOTICED
James Mahoney Burnham (See above for address) TERMINATED: 02/04/2020
Rachael Westmoreland (See above for address) ATTORNEY TO BE NOTICED
represented by Andrew Irwin Warden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Grant (See above for address) ATTORNEY TO BE NOTICED

V. Movant Sierra Club
Movant Southern Border Communities Coalition
Amicus United States House of Representatives

James Mahoney Burnham (See above for address) TERMINATED: 02/04/2020
Rachael Westmoreland (See above for address) ATTORNEY TO BE NOTICED
represented by Cecillia Derphine Wang American Civil Liberties Union Foundation Immigrants Rights Project 39 Drumm Street San Francisco, CA 94111 415-343-0775 Fax: 415-395-0950 Email: cwang@aclu.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cecillia Derphine Wang (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Douglas N. Letter U.S. House of Representatives Office of General Counsel 219 Cannon House Office Building Washington, DC 20515 202-225-9700 Email: douglas.letter@mail.house.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Megan Barbero U.S. House of Representatives Office of General Counsel

Amicus Christopher Shays

219 Cannon HOB Washington, DC 20515 202-225-9700 Email: megan.barbero@mail.house.gov ATTORNEY TO BE NOTICED
represented by David W. Evans Haight Brown & Bonesteel LLP Three Embarcadero Center Suite 200 San Francisco, CA 94111-4005 415-546-7500 Fax: (415) 546-7505 Email: devans@hbblaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Mancino Willkie Farr and Gallagher LLP 787 Seventh Avenue New York, NY 10019 212-278-8000 Email: rmancino@willkie.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Howard Michael Garfield Haight, Brown, & Bonesteel Three Embacadero Center, Suite 200 San Francisco, CA 94111 (415) 546-7500 Fax: (415) 546-7505 Email: hgarfield@hbblaw.com ATTORNEY TO BE NOTICED
Matthew Richard Dollan Willkie Farr Gallagher LLP 787 7th Avenue New York, NY 10019 (212)728-8583 Email: mdollan@willkie.com TERMINATED: 05/09/2019 PRO HAC VICE

Amicus Christine Todd Whitman

Richard D. Bernstein Willkie Farr and Gallagher LLP 1875 K Street, N.W. Washington, DC 20006 202-303-1000 Email: rbernstein@willkie.com PRO HAC VICE ATTORNEY TO BE NOTICED
Shaimaa M Hussein Willkie Farr Gallagher LLP 787 7th Avenue New York, NY 10019 (212)728-8638 Email: mao@willkie.com ATTORNEY TO BE NOTICED
represented by David W. Evans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Mancino (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Howard Michael Garfield (See above for address) ATTORNEY TO BE NOTICED
Matthew Richard Dollan (See above for address) TERMINATED: 05/09/2019 PRO HAC VICE
Richard D. Bernstein (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Shaimaa M Hussein

Amicus Peter Keisler
Amicus Carter Phillips

(See above for address) ATTORNEY TO BE NOTICED
represented by David W. Evans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Mancino (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Howard Michael Garfield (See above for address) ATTORNEY TO BE NOTICED
Matthew Richard Dollan (See above for address) TERMINATED: 05/09/2019 PRO HAC VICE
Richard D. Bernstein (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Shaimaa M Hussein (See above for address) ATTORNEY TO BE NOTICED
represented by David W. Evans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Mancino (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Amicus John Bellinger, III

Howard Michael Garfield (See above for address) ATTORNEY TO BE NOTICED
Matthew Richard Dollan (See above for address) TERMINATED: 05/09/2019 PRO HAC VICE
Richard D. Bernstein (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Shaimaa M Hussein (See above for address) ATTORNEY TO BE NOTICED
represented by David W. Evans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Mancino (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Howard Michael Garfield (See above for address) ATTORNEY TO BE NOTICED
Matthew Richard Dollan (See above for address) TERMINATED: 05/09/2019 PRO HAC VICE
Richard D. Bernstein (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Shaimaa M Hussein

Amicus Stanley Twardy
Amicus Richard Bernstein

(See above for address) ATTORNEY TO BE NOTICED
represented by David W. Evans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Mancino (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Howard Michael Garfield (See above for address) ATTORNEY TO BE NOTICED
Matthew Richard Dollan (See above for address) TERMINATED: 05/09/2019 PRO HAC VICE
Richard D. Bernstein (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Shaimaa M Hussein (See above for address) ATTORNEY TO BE NOTICED
represented by David W. Evans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Mancino (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Amicus Amici Curiae Former Members of Congress
Amicus 58 Religious Organizations

Howard Michael Garfield (See above for address) ATTORNEY TO BE NOTICED
Matthew Richard Dollan (See above for address) TERMINATED: 05/09/2019 PRO HAC VICE
Richard D. Bernstein (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Shaimaa M Hussein (See above for address) ATTORNEY TO BE NOTICED
represented by Douglas Andrew Winthrop Arnold & Porter LLP Three Embarcadero Center 10th Floor San Francisco, CA 94111-4024 415-471-3100 Fax: 415-471-3400 Email: douglas.winthrop@aporter.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gary T. Lafayette Lafayette & Kumagai LLP 1300 Clay Street, Suite 810 Oakland, CA 94612 (415) 357-4600 Fax: (415) 357-4605 Email: glafayette@lkclaw.com ATTORNEY TO BE NOTICED
represented by Brian H. Chun Lafayette & Kumagai LLP 1300 Clay Street, Suite 810 Oakland, CA 94612

(415) 357-4600 Fax: (415) 357-4605 Email: bchun@lkclaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gary T. Lafayette (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Adeel A. Mangi Patterson Belknap Webb & Tyler LLP 1133 Avenue of the Americas New York, NY 10036 212-336-2000 Email: aamangi@pbwt.com PRO HAC VICE ATTORNEY TO BE NOTICED
Mohammed Amir Badat Patterson Belknap Webb and Tyler LLP 1133 Sixth Ave. Floor 24 New York, NY 10036 212-336-2527 Email: abadat@pbwt.com PRO HAC VICE ATTORNEY TO BE NOTICED
Steven A. Zalesin Patterson Belknap Webb and Tyler LLP 1133 Avenue of the Americas New York, NY 10036-6710 212-336-2000 Email: sazalesin@pbwt.com PRO HAC VICE ATTORNEY TO BE NOTICED
Zachary Kolodin Patterson Belknap Webb Tyler LLP 1133 Avenue of the Americas NEW YORK, NY 10036-6710

Amicus National Immigration Law Center
Amicus Erwin Chemerinsky
Amicus Michael C. Dorf
Amicus David A. Strauss
Amicus Former U.S. Government Officials

212-336-2642 Email: zkolodin@pbwt.com TERMINATED: 05/16/2019 PRO HAC VICE
represented by Nicholas David Espiritu National Immigration Law Center National Immigration Law Center 3450 Wilshire Blvd #108-62 LOS ANGELES, CA 90010 United Sta 213-639-3900 Fax: 213-639-3911 Email: espiritu@nilc.org ATTORNEY TO BE NOTICED
represented by Elizabeth B. Wydra (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elizabeth B. Wydra (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elizabeth B. Wydra (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kathleen R. Hartnett Cooley LLP 101 California Street San Francisco, CA 94111 (415) 693 2071 Email: khartnett@cooley.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amicus American Center for Law and Justice
Amicus Asian Americans Advancing Justice-AAJC

Harold Hongju Koh Yale Law School Rule of Law Clinic 127 Wall Street New Haven, CT 06520-8215 203-432-4932 Email: harold.koh@ylsclinics.org ATTORNEY TO BE NOTICED
Phillip Michael Spector Messing and Spector LLP 1200 STEUART ST UNIT 2112 Baltimore, MD 21230 202-277-8173 Email: ps@messingspector.com ATTORNEY TO BE NOTICED
represented by Benjamin Paul Sisney American Center for Law and Justice 201 Maryland Ave., NE Washington, DC 20002 (202) 384-0259 Email: bsisney@aclj.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert Henry Tyler Tyler & Bursch, LLP 25026 Las Brisas Road Murrieta, CA 92562 (951) 600-2733 Fax: 951-600-4996 Email: rtyler@tylerbursch.com ATTORNEY TO BE NOTICED
represented by Nicholas David Espiritu (See above for address) ATTORNEY TO BE NOTICED

Amicus Asian Americans Advancing Justice - Los Angeles
Amicus AALDEFF
Amicus Black Alliance For Just Immigration
Amicus LatinoJustice PRLDEF
Amicus Iraq and Afghanistan Veterans of America

represented by Nicholas David Espiritu (See above for address) ATTORNEY TO BE NOTICED
represented by Nicholas David Espiritu (See above for address) ATTORNEY TO BE NOTICED
represented by Nicholas David Espiritu (See above for address) ATTORNEY TO BE NOTICED
represented by Nicholas David Espiritu (See above for address) ATTORNEY TO BE NOTICED
represented by Mark R. Conrad Conrad & Metlitzky LLP Four Embarcadero Center, Suite 1400 San Francisco, CA 94111 (415) 343-7102 Fax: (415) 343-7101 Email: mconrad@conradmetlitzky.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Lindsay Lyon Rodman Iraq and Afghanistan Veterans of America 20 Tiffany Place Apt 4S New York, NY 10004 United Sta 917-697-4662 Email: lindsay@iava.org ATTORNEY TO BE NOTICED

Amicus Federal Courts Scholars
Amicus Andy Barr

represented by Elizabeth B. Wydra (See above for address) ATTORNEY TO BE NOTICED
represented by Lawrence John Joseph Law Office of Lawrence J. Joseph 1250 Connecticut Avenue, NW, Suite 700-1A Washington, DC 20036 (202) 355-9452 Fax: (202) 318-2254 Email: ljoseph@larryjoseph.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 02/18/2019
02/18/2019 02/18/2019
02/18/2019

# Docket Text
1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF; against All Defendants ( Filing fee $ 400, receipt number 0971-13100729.). Filed byState of New York, State of Minnesota, State of Colorado, State of California, Dana Nessel, State of Illinois, State of Maine, State of Maryland, State of Connecticut, State of New Mexico, State of Oregon, State of New Jersey, State of Delaware, State of Nevada, State of Hawaii, Commonwealth of Virginia. (Attachments: # 1 Civil Cover Sheet)(Sherman, Lee) (Filed on 2/18/2019) Modified on 2/19/2019 (aaaS, COURT STAFF). Modified on 2/19/2019 (aaaS, COURT STAFF). (Entered: 02/18/2019)
2 Proposed Summons. (Sherman, Lee) (Filed on 2/18/2019) (Entered: 02/18/2019)
Electronic filing error. Corrected by Clerk's Office. No further action is necessary. Re: 1 Complaint, filed by State of Delaware, State of Maine, State of Hawaii, D ana Nessel, State of Minnesota, State of Nevada, State of California, State of New Jersey, State of Connecticut, State of Illinois, State of Oregon, State of Maryland, State of New Mexico, State of New York, State of Colorado Not a Civil Miscellaneous Case (aaaS, COURT STAFF) (Filed on 2/18/2019) (Entered: 02/19/2019)
Electronic filing error. Corrected by Clerk's Office. No further action is necessary. Re: 1 Complaint, filed by State of Delaware, State of Maine,

02/19/2019
02/19/2019 02/19/2019 02/19/2019 02/19/2019

State of Hawaii, D ana Nessel, State of Minnesota, State of Nevada, State of California, State of New Jersey, State of Connecticut, State of Illinois, State of Oregon, State of Maryland, State of New Mexico, State of New York, State of Colorado Attorney Lee Isaac Sherman does not represent all plaintiffs just the State of California Only. (aaaS, COURT STAFF) (Filed on 2/18/2019) (Entered: 02/19/2019)
3 Case assigned to Magistrate Judge Elizabeth D. Laporte.
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 3/5/2019. (jmlS, COURT STAFF) (Filed on 2/19/2019) (Entered: 02/19/2019)
4 MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13101792.) filed by State of New Mexico. (Attachments: # 1 Certificate of Good Standing)(Maestas, Tania) (Filed on 2/19/2019) Modified on 2/20/2019 (aaaS, COURT STAFF). (Entered: 02/19/2019)
5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/14/2019. Initial Case Management Conference set for 5/21/2019 10:00 AM. Signed by Magistrate Judge Elizabeth D. Laporte on 2/19/19. (aaaS, COURT STAFF) (Filed on 2/19/2019) (Entered: 02/19/2019)
6 Summons Issued as to Department of Defense, David Bernhardt, Mark T. Esper, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson, U.S. Department of Justice, Civil Process Clerk U.S. Attorney's Office. (aaaS, COURT STAFF) (Filed on 2/19/2019) (Entered: 02/19/2019)
7 MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13102243.) filed by State

02/19/2019 02/19/2019 02/19/2019 02/19/2019
02/19/2019 02/19/2019 02/19/2019 02/19/2019 02/19/2019

of Maine. (Herman, Susan) (Filed on 2/19/2019) Modified on 2/20/2019 (aaaS, COURT STAFF). (Entered: 02/19/2019)
8 ORDER Granting Application for Admission of Attorney Pro Hac Vice signed by Magistrate Judge Elizabeth D. Laporte: granting 4 Application. (shyS, COURT STAFF) (Filed on 2/19/2019) (Entered: 02/19/2019)
9 MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13102823.) filed by State of Minnesota. (Campion, Jacob) (Filed on 2/19/2019) Modified on 2/20/2019 (aaaS, COURT STAFF). (Entered: 02/19/2019)
10 NOTICE of Appearance by Gavin Geraghty McCabe (McCabe, Gavin) (Filed on 2/19/2019) (Entered: 02/19/2019)
11 Application for Refund, Receipt Number 26FGOHCE by Commonwealth of Virginia, Dana Nessel, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon. (Sherman, Lee) (Filed on 2/19/2019) (Entered: 02/19/2019)
12 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13103252.) filed by State of Colorado. (Attachments: # 1 Certificate of Good Standing)(Olson, Eric) (Filed on 2/19/2019) (Entered: 02/19/2019)
13 NOTICE of Appearance by Michael Phillip Cayaban (Cayaban, Michael) (Filed on 2/19/2019) (Entered: 02/19/2019)
14 ORDER Granting Application for Admission of Attorney Pro Hac Vice signed by Magistrate Judge Elizabeth D. Laporte: granting 7 Application. (shyS, COURT STAFF) (Filed on 2/19/2019) (Entered: 02/19/2019)
15 ORDER Granting Application for Admission of Attorney Pro Hac Vice signed by Magistrate Judge Elizabeth D. Laporte: granting 9 Application. (shyS, COURT STAFF) (Filed on 2/19/2019) (Entered: 02/19/2019)
16 ORDER Granting Application for Admission of Attorney Pro Hac Vice signed by Magistrate Judge Elizabeth D. Laporte: granting 12 Application. (shyS, COURT STAFF) (Filed on 2/19/2019) (Entered: 02/19/2019)

02/19/2019 02/20/2019 02/20/2019
02/20/2019 02/20/2019 02/20/2019 02/20/2019 02/21/2019 02/21/2019

17 NOTICE of Appearance by Caleb Andrew Rush (Rush, Caleb) (Filed on 2/19/2019) (Entered: 02/19/2019)
18 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by State of California.. (Sherman, Lee) (Filed on 2/20/2019) (Entered: 02/20/2019)
19 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned.
ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED.
This is a text only docket entry; there is no document associated with this notice. (shyS, COURT STAFF) (Filed on 2/20/2019) (Entered: 02/20/2019)
20 NOTICE of Appearance by Christine Chuang on behalf of Plaintiff State of California (Chuang, Christine) (Filed on 2/20/2019) (Entered: 02/20/2019)
21 ORDER, Case reassigned to Judge Haywood S Gilliam, Jr. Magistrate Judge Elizabeth D. Laporte no longer assigned to the case.. Signed by Executive Committee on 2/20/19. (haS, COURT STAFF) (Filed on 2/20/2019) (Entered: 02/20/2019)
22 NOTICE of Appearance by Edward Henry Ochoa as Counsel for Plaintiff State of California (Ochoa, Edward) (Filed on 2/20/2019) (Entered: 02/20/2019)
23 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13107289.) filed by State of New York. (Attachments: # 1 Exhibit Certificate of Good Standing)(Colangelo, Matthew) (Filed on 2/20/2019) (Entered: 02/20/2019)
24 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13110536.) filed by State of New York. (Attachments: # 1 Certificate of Good Standing)(Meyer, Amanda) (Filed on 2/21/2019) (Entered: 02/21/2019)
25 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13110771.) filed by State of Delaware. (Attachments:

02/21/2019 02/21/2019 02/21/2019 02/22/2019 02/22/2019
02/22/2019 02/22/2019 02/22/2019 02/22/2019 02/22/2019

# 1 Certificate/Proof of Service Certificate of Good Standing)(Lyons, David) (Filed on 2/21/2019) (Entered: 02/21/2019)
26 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13111002.) filed by State of Nevada. (Attachments: # 1 Certificate of Good Standing)(Stern, Heidi) (Filed on 2/21/2019) (Entered: 02/21/2019)
27 Refund Status re 11 Application for Refund, APPROVED. (rghS, COURT STAFF) (Filed on 2/21/2019) (Entered: 02/21/2019)
28 NOTICE of Appearance by James F. Zahradka, II on behalf of Plaintiff State of California (Zahradka, James) (Filed on 2/21/2019) (Entered: 02/21/2019)
29 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13113196.) filed by Commonwealth of Virginia. (Attachments: # 1 Good Standing Certificate)(Jones, Brittany) (Filed on 2/22/2019) (Entered: 02/22/2019)
Electronic filing error. REMINDER TO COUNSEL: In the future, please be sure that the case number is correctly reflected on your documents as 4:19-cv-00872- HSG . Re: 28 Notice of Appearance filed by State of California (jjbS, COURT STAFF) (Filed on 2/22/2019) Modified on 2/22/2019 (jjbS, COURT STAFF). (Entered: 02/22/2019)
30 ORDER by Judge Haywood S. Gilliam, Jr. Granting 23 Motion for Pro Hac Vice as to Colangelo, Matthew.(ndrS, COURT STAFF) (Filed on 2/22/2019) (Entered: 02/22/2019)
31 ORDER by Judge Haywood S. Gilliam, Jr. Granting 24 Motion for Pro Hac Vice as to Meyer, Amanda. (ndrS, COURT STAFF) (Filed on 2/22/2019) (Entered: 02/22/2019)
32 ORDER by Judge Haywood S. Gilliam, Jr. Granting 25 Motion for Pro Hac Vice as to Lyons, David. (ndrS, COURT STAFF) (Filed on 2/22/2019) (Entered: 02/22/2019)
33 ORDER by Judge Haywood S. Gilliam, Jr. Granting 26 Motion for Pro Hac Vice as to Stern, Heidi. (ndrS, COURT STAFF) (Filed on 2/22/2019) (Entered: 02/22/2019)
34 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for May 21, 2019, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management

02/22/2019 02/22/2019 02/25/2019 02/26/2019
02/26/2019 03/01/2019 03/01/2019 03/04/2019 03/04/2019

Statement due by May 14, 2019. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:19-cv-00872-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 2/22/2019) (Entered: 02/22/2019)
35 ORDER by Judge Haywood S. Gilliam, Jr. Granting 29 Motion for Pro Hac Vice as to Jones, Brittany.(ndrS, COURT STAFF) (Filed on 2/22/2019) (Entered: 02/22/2019)
36 NOTICE of Appearance by Janelle M. Smith on behalf of Plaintiff State of California (Smith, Janelle) (Filed on 2/22/2019) (Entered: 02/22/2019)
37 RE-FILED AT DOCKET NO. 39 ** MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13120842.) filed by State of Oregon. (DeFever, Jeanne) (Filed on 2/25/2019) Modified on 2/27/2019 (jjbS, COURT STAFF). (Entered: 02/25/2019)
38 MOTION to Relate Case Pursuant to N.D. Cal. Civ. L.R. 3-12(b) filed by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Declaration of Cecillia D. Wang, # 2 Exhibit A to Declaration of Cecillia D. Wang, # 3 Exhibit B to Declaration of Cecillia D. Wang, # 4 Proposed Order, # 5 Certificate/Proof of Service)(Wang, Cecillia) (Filed on 2/26/2019) (Entered: 02/26/2019)
39 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13120842.) Filing fee previously paid on 02/25/2019 filed by State of Oregon. (Attachments: # 1 Certificate of Good Standing)(Kantor, Henry) (Filed on 2/26/2019) (Entered: 02/26/2019)
40 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13134628.) filed by State of Maryland. (Attachments: # 1 Certificate of Good Standing)(Dunlap, Jeffrey) (Filed on 3/1/2019) (Entered: 03/01/2019)
41 NOTICE of Appearance by Heather Colleen Leslie as Counsel for Plaintiffs (Leslie, Heather) (Filed on 3/1/2019) (Entered: 03/01/2019)
42 ORDER by Judge Haywood S. Gilliam, Jr. Granting 39 Motion for Pro Hac Vice as to Kantor, Henry. (ndrS, COURT STAFF) (Filed on 3/4/2019) (Entered: 03/04/2019)
43 ORDER by Judge Haywood S. Gilliam, Jr. Granting 40 Motion for Pro Hac Vice as to Jeffrey Paul Dunlap. (ndrS, COURT STAFF) (Filed on 3/4/2019) (Entered: 03/04/2019)

03/05/2019 03/06/2019 03/06/2019 03/13/2019
03/13/2019 03/14/2019 03/14/2019
03/15/2019

44 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13144599.) filed by Dana Nessel. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Restuccia, B. Eric) (Filed on 3/5/2019) (Entered: 03/05/2019)
45 ORDER by Judge Haywood S. Gilliam, Jr. Granting 38 Motion to Relate Case Pursuant to N.D. Cal. Civ. L.R. 3-12(b) Re Case No. 19-cv-0892-KAW. (ndrS, COURT STAFF) (Filed on 3/6/2019) (Entered: 03/06/2019)
46 ORDER by Judge Haywood S. Gilliam, Jr. Granting 44 Motion for Pro Hac Vice as to Restuccia, B. Eric. (ndrS, COURT STAFF) (Filed on 3/6/2019) (Entered: 03/06/2019)
47 AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants. Filed byState of Minnesota, State of Colorado, State of California, State of Illinois, State of Maryland, State of Nevada, State of New York, Commonwealth of Virginia, Dana Nessel, State of Maine, State of Connecticut, State of New Mexico, State of Oregon, State of New Jersey, State of Delaware, State of Hawaii, State of Wisconsin, Commonwealth of Massachusetts, State of Vermont, State of Rhode Island. (Zahradka, James) (Filed on 3/13/2019) (Entered: 03/13/2019)
48 Proposed Summons. (Zahradka, James) (Filed on 3/13/2019) (Entered: 03/13/2019)
49 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13170489.) filed by State of Wisconsin. (Johnson-Karp, Gabe) (Filed on 3/14/2019) (Entered: 03/14/2019)
Electronic filing error. The 48 Proposed Summons will not be issued as to the same Defendants listed on the summons issued at docket number 6 , unless those summons' are returned unexecuted. Also, the Clerk's Office will issue a maximum of 3 summons'. Either list all defendants on three summons' or list any additional defendants as an attachment to the proposed summons. (jjbS, COURT STAFF) (Filed on 3/14/2019) (Entered: 03/14/2019)
50 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13174333.) filed by State of Rhode Island. (Attachments: # 1 Exhibit Letters of Good Standing)(Sullivan, Justin) (Filed on 3/15/2019) (Entered: 03/15/2019)

03/18/2019 03/18/2019 03/19/2019 03/28/2019 04/02/2019 04/04/2019 04/04/2019
04/08/2019
04/08/2019

51 ORDER by Judge Haywood S. Gilliam, Jr. Granting 49 Motion for Pro Hac Vice as to Johnson-Karp, Gabe. (ndrS, COURT STAFF) (Filed on 3/18/2019) (Entered: 03/18/2019)
52 ORDER by Judge Haywood S. Gilliam, Jr. Granting 50 Motion for Pro Hac Vice as to Sullivan, Justin. (ndrS, COURT STAFF) (Filed on 3/18/2019) (Entered: 03/18/2019)
53 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13182042.) filed by State of Vermont. (Attachments: # 1 Certificate of Good Standing)(Battles, Benjamin) (Filed on 3/19/2019) (Entered: 03/19/2019)
54 AFFIDAVIT by State of California. (Zahradka, James) (Filed on 3/28/2019) (Entered: 03/28/2019)
55 ORDER by Judge Haywood S. Gilliam, Jr. Granting 53 Motion for Pro Hac Vice as to Battles, Benjamin. (ndrS, COURT STAFF) (Filed on 4/2/2019) (Entered: 04/02/2019)
56 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13233071.) filed by Commonwealth of Massachusetts. (Attachments: # 1 Certificate of Good Standing)(Taylor, Abigail) (Filed on 4/4/2019) (Entered: 04/04/2019)
57 ADMINISTRATIVE MOTION To enlarge page limits in support of motion for injunctive relief filed by State of California. Responses due by 4/18/2019. (Attachments: # 1 Proposed Order, # 2 Declaration of Lee Sherman, # 3 Notice of Motion & Motion for Preliminary Injunction, # 4 Proposed Order, # 5 Appendix of Declarations re: TFF, # 6 Appendix of Declarations re: Environmental, # 7 Request for Judicial Notice, # 8 Certificate/Proof of Service)(Sherman, Lee) (Filed on 4/4/2019) (Entered: 04/04/2019)
58 ORDER by Judge Haywood S. Gilliam, Jr. Granting 57 ADMINISTRATIVE MOTION To enlarge page limits in support of motion for injunctive relief. Plaintiff States shall immediately file a Motion for Preliminary Injunction up to 35 pages in length on the docket. (ndrS, COURT STAFF) (Filed on 4/8/2019) (Entered: 04/08/2019)
59 MOTION for Preliminary Injunction filed by Commonwealth of Massachusetts, Commonwealth of Virginia, Dana Nessel, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island,

04/08/2019 04/09/2019
04/09/2019 04/09/2019
04/09/2019

State of Vermont, State of Wisconsin. Motion Hearing set for 5/9/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 4/18/2019. Replies due by 4/25/2019. (Attachments: # 1 Proposed Order, # 2 Appendix re Environmental Harms, # 3 Appendix re TFF Harms, # 4 Request for Judicial Notice and Exhibits 1-50, # 5 Certificate/Proof of Service)(Sherman, Lee) (Filed on 4/8/2019) (Entered: 04/08/2019)
60 MOTION to Shorten Time to Hear Plaintiff States' Motion for Preliminary Injunction filed by State of California. (Attachments: # 1 Proposed Order, # 2 Declaration of Lee I. Sherman, # 3 Certificate/Proof of Service)(Sherman, Lee) (Filed on 4/8/2019) (Entered: 04/08/2019)
61 CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re- file the 59 motion for preliminary injunction. Hearing date of May 9, 2019, is vacated. Response is due April 22nd and reply is due April 29th. Counsel is directed to check the Court's scheduling notes before re-noticing the motion for a new hearing date. May 9th was not the Court's next available hearing date when this motion was e-filed. If the motion to shorten time is granted, the Court will advance the briefing and/or the hearing date. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 4/9/2019) (Entered: 04/09/2019)
62 ORDER by Judge Haywood S. Gilliam, Jr. Granting 56 Motion for Pro Hac Vice as to Taylor, Abigail. (ndrS, COURT STAFF) (Filed on 4/9/2019) (Entered: 04/09/2019)
63 ORDER by Hon Haywood S. Gilliam, Jr. SETTING the following briefing and hearing schedule for Plaintiffs' 59 Motion for Preliminary Injunction: responses are due by April 25, 2019; replies are due by May 2, 2019; a hearing is scheduled for May 17, 2019 at 10:00 a.m. Plaintiffs' 60 Motion to Shorten Time is DENIED AS MOOT in light of this order. Plaintiffs' counsel is directed to serve Defendants with this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 4/9/2019) (Entered: 04/09/2019)
Set Deadlines/Hearing as to 59 MOTION for Preliminary Injunction, See Docket No. 63 : Responses due by 4/25/2019; Replies due by 5/2/2019; and Motion Hearing set for 5/17/2019 10:00 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 4/9/2019) (Entered: 04/10/2019)

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04/11/2019
04/11/2019 04/12/2019 04/12/2019 04/15/2019

64 CERTIFICATE OF SERVICE by State of California re [ECF Doc. 63] (Ochoa, Edward) (Filed on 4/10/2019) Modified on 4/11/2019 (jjbS, COURT STAFF). (Entered: 04/10/2019)
65 CERTIFICATE OF SERVICE by State of California re 47 Amended Complaint,, (Zahradka, James) (Filed on 4/10/2019) (Entered: 04/10/2019)
66 NOTICE of Appearance by Andrew Irwin Warden on behalf of Defendants (Warden, Andrew) (Filed on 4/10/2019) (Entered: 04/10/2019)
67 STIPULATION WITH PROPOSED ORDER For Order Extending Page Limits For Preliminary Injunction Briefs, Staying Defendants' Response to the Amended Complaints, and Staying Initial Case Management Activity filed by Department of Defense, David Bernhardt, Mark T. Esper, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson, and all Plaintiffs. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 4/10/2019) Modified on 4/11/2019 (jjbS, COURT STAFF). (Entered: 04/10/2019)
68 ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 67 in case 4:19-cv-00872-HSG and 42 in case 4:19-cv-00892-HSG) Stipulation For Order Extending Page Limits For Preliminary Injunction Briefs, Staying Defendants' Response to the Amended Complaints, and Staying Initial Case Management Activity. (ndrS, COURT STAFF) (Filed on 4/11/2019) (Entered: 04/11/2019)
69 First MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13252197.) filed by State of New Jersey. (Attachments: # 1 Appendix Certificate of Good Standing)(Feigenbaum, Jeremy) (Filed on 4/11/2019) (Entered: 04/11/2019)
70 NOTICE of Appearance by Douglas N. Letter (Letter, Douglas) (Filed on 4/12/2019) (Entered: 04/12/2019)
71 Consent MOTION to File Amicus Curiae Brief filed by United States House of Representatives. Responses due by 4/26/2019. Replies due by 5/3/2019. (Attachments: # 1 Proposed Order, # 2 Exhibit Amicus Brief)(Letter, Douglas) (Filed on 4/12/2019) (Entered: 04/12/2019)
72 ORDER by Judge Haywood S. Gilliam, Jr. Granting 71 Consent Motion to File Amicus Curiae Brief. Houses counsel is directed to

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file the amicus curiae brief on the docket in this matter. (ndrS, COURT STAFF) (Filed on 4/15/2019) (Entered: 04/15/2019)
73 Brief of Amicus Curiae filed byUnited States House of Representatives. (Letter, Douglas) (Filed on 4/15/2019) (Entered: 04/15/2019)
74 Joint ADMINISTRATIVE MOTION for Relief from Automatic Referral to the ADR Multi-Option Program re 5 Initial Case Management Scheduling Order with ADR Deadlines, filed by State of California and all Defendants. Responses due by 4/23/2019. (Attachments: # 1 Proposed Order)(Sherman, Lee) (Filed on 4/19/2019) Modified on 4/22/2019 (jjbS, COURT STAFF). (Entered: 04/19/2019)
Electronic filing error. NOTICE TO COUNSEL: Document also listed case number 4:19-cv-892-HSG. If it is intended to be applied to the other case number, please e-file in that case also. If the document is not applicable to that case, DO NOT include that case number on the document. [err102] Re: 74 Joint ADMINISTRATIVE MOTION RELIEF FROM AUTOMATIC REFERRAL TO THE ADR MULTIOPTION PROGRAM re 5 Initial Case Management Scheduling Order with ADR Deadlines, filed by State of California (jjbS, COURT STAFF) (Filed on 4/22/2019) (Entered: 04/22/2019)
75 ORDER by Judge Haywood S. Gilliam, Jr. Granting 69 Motion for Pro Hac Vice as to Feigenbaum, Jeremy. (ndrS, COURT STAFF) (Filed on 4/22/2019) (Entered: 04/22/2019)
76 ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 74 in case 4:19-cv-00872-HSG and 48 in case 4:19-cv-00892-HSG) Joint Administrative Motion for Relief from Automatic Referral to the ADR Multi-Option Program. (ndrS, COURT STAFF) (Filed on 4/22/2019) (Entered: 04/22/2019)
77 NOTICE of Appearance by David W. Evans (Evans, David) (Filed on 4/23/2019) Modified on 4/24/2019 (jjbS, COURT STAFF). (Entered: 04/23/2019)
78 **RE-FILED AS DOCKET NO. 85 ** Amicus Curiae APPEARANCE entered by David W. Evans on behalf of John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Evans, David) (Filed on 4/23/2019) Modified on 4/26/2019 (jjbS, COURT STAFF). (Entered: 04/23/2019)
79 **RE-FILED AS DOCKET NO. 86 ** Amicus Curiae APPEARANCE entered by David W. Evans on behalf of John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips,

04/23/2019 04/23/2019 04/23/2019 04/23/2019 04/24/2019

Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Evans, David) (Filed on 4/23/2019) Modified on 4/26/2019 (jjbS, COURT STAFF). (Entered: 04/23/2019)
80 **RE-FILED AS DOCKET NO. 88 ** Amicus Curiae APPEARANCE entered by David W. Evans on behalf of John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Evans, David) (Filed on 4/23/2019) Modified on 4/26/2019 (jjbS, COURT STAFF). (Entered: 04/23/2019)
81 ***DISREGARD, RE-FILED AS DOCKET NO. 84 *** MOTION for Preliminary Injunction Consent Motion For Leave filed by John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. Motion Hearing set for 5/17/2019 10:00 AM before Judge Haywood S Gilliam Jr.. Responses due by 5/7/2019. Replies due by 5/14/2019. (Evans, David) (Filed on 4/23/2019) Modified on 4/24/2019 (jjbS, COURT STAFF). (Entered: 04/23/2019)
82 **DISREGARD, RE-FILED AS DOCKET NO. 84 *** EXHIBITS re 81 MOTION for Preliminary Injunction Consent Motion For Leave Amicus Memorandum In Support of Plaintiffs' Motion for Prelimary Injunction filed byJohn Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Related document(s) 81 ) (Evans, David) (Filed on 4/23/2019) Modified on 4/24/2019 (jjbS, COURT STAFF). (Entered: 04/23/2019)
83 ***DISREGARD, RE-FILED AS DOCKET NO. 84 *** Proposed Order re 81 MOTION for Preliminary Injunction Consent Motion For Leave Proposed Order Granting Consent Motion for Leave to File Memorandum of Christopher Shays, et al. by John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Evans, David) (Filed on 4/23/2019) Modified on 4/24/2019 (jjbS, COURT STAFF). (Entered: 04/23/2019)
Electronic filing error. Incorrect event used. [err101]. Correct Event is "Motion for Leave to Appear Pro Hac Vice." Event can be found under Civil Events > Motions a nd Related Filings > Motions - General > Pro Hac Vice. The attorney requesting to appear pro hac vice must also file their own Motion using their own ECF login .Please re-file in its entirety. Re: 78 Amicus Curiae Appearance filed by Stanley Twardy, Carter Phillips, Peter Keisler, Christine Todd Whitman, Richard Bernstein, Christopher Shays, John Bellinger, III, 80 Amicus Curiae

04/24/2019
04/24/2019 04/25/2019 04/25/2019

Appearance filed by Stanley Twardy, Carter Phillips, Peter Keisler, Christine Todd Whitman, Richard Bernstein, Christopher Shays, John Bellinger, III, 79 Amicus Curiae Appearance filed by Stanley Twardy, Carter Phillips, Peter Keisler, Christine Todd Whitman, Richard Bernstein, Christopher Shays, John Bellinger, III. (jjbS, COURT STAFF) (Filed on 4/24/2019) (Entered: 04/24/2019)
Electronic filing error. Incorrect event used. [err101]. Correct event is "Motion for Leave to File Document." Event can be found under Civil Events > Motions and Rel ated Filings > Motions - General > Leave to File Document. ALSO, please attach all supporting documents and proposed orders to the Motion.
Please re-file the motion using the correct event with all supporting documents as attachments in its entirety. Re: 81 MOTION for Preliminary Injunction Consent Motion For Leave filed by Stanley Twardy, Carter Phillips, Peter Keisler, Christine Todd Whitman, Richard Bernstein, Christopher Shays, John Bellinger, III, 82 Exhibits, filed by Stanley Twardy, Carter Phillips, Peter Keisler, Christine Todd Whitman, Richard Bernstein, Christopher Shays, John Bellinger, III, 83 Proposed Order, filed by Stanley Twardy, Carter Phillips, Peter Keisler, Christine Todd Whitman, Richard Bernstein, Christopher Shays, John Bellinger, III (jjbS, COURT STAFF) (Filed on 4/24/2019) (Entered: 04/24/2019)
84 MOTION for Leave to File Memorandum in Support of 59 Motion for Preliminary Injunction CORRECTION OF DOCKET # 81 , 82 , 83 filed by John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Attachments: # 1 Exhibit Proposed Amicus Memorandum, # 2 Proposed Order Proposed Order)(Evans, David) (Filed on 4/24/2019) Modified on 4/24/2019 (jjbS, COURT STAFF). (Entered: 04/24/2019)
85 Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13289928.) filed by John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Attachments: # 1 Exhibit Certificate of Good Standing)(Mancino, Richard) (Filed on 4/25/2019) (Entered: 04/25/2019)
86 Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13290005.) filed by John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Attachments: # 1 Exhibit

04/25/2019 04/25/2019 04/25/2019
04/29/2019 04/30/2019 04/30/2019

Certificate of Good Standing)(Hussein, Shaimaa) (Filed on 4/25/2019) (Entered: 04/25/2019)
87 ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 84 in case 4:19-cv-00872-HSG and 59 in case 4:19-cv-00892-HSG) MOTION for Leave to File Memorandum in Support of 59 Motion for Preliminary Injunction. Counsel is directed to file the amici curiae brief of Christopher Shays et al. on the docket in this matter. (ndrS, COURT STAFF) (Filed on 4/25/2019) (Entered: 04/25/2019)
88 Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13290110.) Filing fee previously paid on 4/25/19 filed by John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Attachments: # 1 Exhibit Certificate of Good Standing)(Dollan, Matthew) (Filed on 4/25/2019) (Entered: 04/25/2019)
89 OPPOSITION/RESPONSE (re 59 MOTION for Preliminary Injunction ) filed by Department of Defense, David Bernhardt, Mark T. Esper, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit)(Warden, Andrew) (Filed on 4/25/2019) (Entered: 04/25/2019)
90 ORDER by Hon. Haywood S. Gilliam, Jr., DIRECTING defense counsel to submit two complete copies of exhibits to 89 opposition to Plaintiffs' motion for preliminary injunction by May 1, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 4/29/2019) (Entered: 04/29/2019)
91 Amicus Brief filed byJohn Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Attachments: # 1 Exhibit 1 to Amicus Brief of Christopher Shays, Christine Todd Whitman, Peter Keisler, Carter Phillips, John Bellinger III, Stanley Twardy and Richard Bernstein as Amici Curiae)(Evans, David) (Filed on 4/30/2019) Modified on 5/1/2019 (jjbS, COURT STAFF). (Entered: 04/30/2019)
92 ORDER by Judge Haywood S. Gilliam, Jr. Granting 85 Motion for Pro Hac Vice as to Mancino, Richard. (ndrS, COURT STAFF) (Filed on 4/30/2019) (Entered: 04/30/2019)

04/30/2019

93 ORDER by Judge Haywood S. Gilliam, Jr. Granting 86 Motion for Pro Hac Vice as to Hussein, Shaimaa. (ndrS, COURT STAFF) (Filed on 4/30/2019) (Entered: 04/30/2019)

04/30/2019

94 ORDER by Judge Haywood S. Gilliam, Jr. Granting 88 Motion for Pro Hac Vice as to Dollan, Matthew. (ndrS, COURT STAFF) (Filed on 4/30/2019) (Entered: 04/30/2019)

05/01/2019

95 Consent MOTION for Leave to File Brief of Former Members of Congress as Amici Curiae in Support of Plaintiffs' Motion for Preliminary Injunction filed by Amici Curiae Former Members of Congress. (Attachments: # 1 Proposed Order, # 2 Amici Curiae Brief)(Winthrop, Douglas) (Filed on 5/1/2019) (Entered: 05/01/2019)

05/01/2019

96 **DISREGARD, RE-FILED AS DOCKET NO. 97 ** NOTICE of Appearance by Gary T. Lafayette [Notice of Appearance of Counsel] (Lafayette, Gary) (Filed on 5/1/2019) Modified on 5/2/2019 (jjbS, COURT STAFF). (Entered: 05/01/2019)

05/01/2019

97 NOTICE of Appearance by Gary T. Lafayette. (Lafayette, Gary) (Filed on 5/1/2019) Modified on 5/2/2019 (jjbS, COURT STAFF). (Entered: 05/01/2019)

05/01/2019

98 Consent MOTION for Leave to File Memorandum of 58 Religious Organizations as Amici Curiae in Support of Plaintiffs' Motion for a Preliminary Injunction filed by 58 Religious Organizations. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Lafayette, Gary) (Filed on 5/1/2019) Modified on 5/2/2019 (jjbS, COURT STAFF). (Entered: 05/01/2019)

05/01/2019

99 **RE-FILED AS DOCKET NO. 117 ** MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13309746.) filed by 58 Religious Organizations. (Attachments: # 1 Certificate of Good Standing)(Mangi, Adeel) (Filed on 5/1/2019) Modified on 5/3/2019 (jjbS, COURT STAFF). (Entered: 05/01/2019)

05/01/2019

100 **DISREGARD, RE-FILED AS DOCKET NO. 118 ** MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13309762.) filed by 58 Religious Organizations. (Attachments: # 1 Certificate of Good Standing)(Zalesin, Steven) (Filed on 5/1/2019) Modified on 5/3/2019 (jjbS, COURT STAFF). (Entered: 05/01/2019)

05/01/2019

101 **RE-FILED AS DOCKET NO. 120 ** MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13309770.) filed by 58 Religious Organizations. (Attachments: # 1 Certificate of Good Standing)(Kolodin, Zachary) (Filed on 5/1/2019) Modified on 5/3/2019 (jjbS, COURT STAFF). (Entered: 05/01/2019)

05/01/2019

102 **RE-FILED AT DOCKET NO. 121 ** MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 097113309778.) filed by 58 Religious Organizations. (Attachments: # 1 Certificate of Good Standing)(Badat, Mohammed) (Filed on 5/1/2019) Modified on 5/3/2019 (jjbS, COURT STAFF). (Entered: 05/01/2019)

05/01/2019

103 MOTION for Leave to File Brief as Amici Curiae filed by National Immigration Law Center, et al.. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Espiritu, Nicholas) (Filed on 5/1/2019) (Entered: 05/01/2019)

05/01/2019 104 NOTICE of Appearance by Nicholas David Espiritu (Espiritu, Nicholas) (Filed on 5/1/2019) (Entered: 05/01/2019)

05/02/2019

105 Consent MOTION to File Amicus Curiae Brief filed by Erwin Chemerinsky, Michael C. Dorf, David A. Strauss, Stephen I. Vladeck. Responses due by 5/16/2019. Replies due by 5/23/2019. (Attachments: # 1 Exhibit Proposed Amici Curiae Brief, # 2 Proposed Order)(Wydra, Elizabeth) (Filed on 5/2/2019) (Entered: 05/02/2019)

05/02/2019

Electronic filing error. NOTICE TO COUNSEL: Document also listed case number 4:19-cv-892-HSG. If it is intended to be applied to the other case number, please e-file in tha t case also. If the document is not applicable to that case, DO NOT include that case number on the document. [err102] Re: 103 MOTION for Leave to File Brief as Amici Curiae filed by National Immigration Law Center, et al. (jjbS, COURT STAFF) (Filed on 5/2/2019) (Entered: 05/02/2019)

05/02/2019

106 ORDER by Judge Haywood S. Gilliam, Jr. Granting 95 Motion for Leave to File Brief of Former Members of Congress as Amici Curiae in Support of Plaintiffs' Motion for Preliminary Injunction.(ndrS, COURT STAFF) (Filed on 5/2/2019) (Entered: 05/02/2019)

05/02/2019

107 ORDER by Judge Haywood S. Gilliam, Jr. Granting 98 Motion for Leave to File Motion for Leave to File Memorandum of 58 Religious Organizations as Amici Curiae in Support of Plaintiffs' Motion for a Preliminary Injunction. (ndrS, COURT STAFF) (Filed on 5/2/2019) (Entered: 05/02/2019)

05/02/2019

108 ORDER by Judge Haywood S. Gilliam, Jr. Granting Consent (Docket Nos. 105 in case 4:19-cv-00872-HSG; and 68 in case 4:19cv-00892-HSG) MOTION to File Amicus Curiae Brief. (ndrS, COURT STAFF) (Filed on 5/2/2019) (Entered: 05/02/2019)

05/02/2019

Electronic filing error. NOTICE TO COUNSEL: Document also listed case number 4:19-cv-892-HSG. If it is intended to be applied to the other case number, please e-file in tha t case also. If the document is not applicable to that case, DO NOT include that case number on the document. Re: 104 Notice of Appearance filed by National Immigration Law Center, et al. (jjbS, COURT STAFF) (Filed on 5/2/2019) (Entered: 05/02/2019)

05/02/2019

109 Brief of 58 Religious Organizations as Amici Curiae in Support of Plaintiffs' 59 Motion for a Preliminary Injunction filed by 58 Religious Organizations. (Lafayette, Gary) (Filed on 5/2/2019) Modified on 5/2/2019 (jjbS, COURT STAFF). (Entered: 05/02/2019)

05/02/2019

110 MOTION for Leave to Present Argument in the Preliminary Injunction Hearing filed by United States House of Representatives. Responses due by 5/16/2019. Replies due by 5/23/2019. (Attachments: # 1 Proposed Order)(Letter, Douglas) (Filed on 5/2/2019) Modified on 5/3/2019 (jjbS, COURT STAFF). (Entered: 05/02/2019)

05/02/2019

111 ORDER by Hon. Haywood S. Gilliam, Jr., GRANTING the 110 motion for leave to present argument, in light of the unique institutional interests articulated by amicus curiae United States House of Representatives. No party arguing at the hearing will be permitted to present PowerPoint or similar visual presentations. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 5/2/2019) (Entered: 05/02/2019)

05/02/2019

112 REPLY (re 59 MOTION for Preliminary Injunction ) filed byCommonwealth of Massachusetts, Commonwealth of Virginia, Dana Nessel, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Wisconsin. (Attachments: # 1 Supplemental Request for Judicial Notice & Exhibits. 51-53)(Sherman, Lee) (Filed on 5/2/2019) (Entered: 05/02/2019)

05/02/2019

113 MOTION for leave to appear in Pro Hac Vice re: Harold Hongju Koh ( Filing fee $ 310, receipt number 0971-13313954.) filed by Former U.S. Government Officials. (Attachments: # 1 Certificate of Good Standing)(Koh, Harold) (Filed on 5/2/2019) (Entered: 05/02/2019)

05/02/2019 114 MOTION for leave to appear in Pro Hac Vice re: Phillip M. Spector ( Filing fee $ 310, receipt number 0971-13313986.) filed by Former U.S.

Government Officials. (Attachments: # 1 Certificate of Good Standing)(Spector, Phillip) (Filed on 5/2/2019) (Entered: 05/02/2019)

05/02/2019

115 Consent MOTION for Leave to File Memorandum as Amici Curiae in Support of Plaintiffs Motion for a Preliminary Injunction filed by Former U.S. Government Officials. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Hartnett, Kathleen) (Filed on 5/2/2019) Modified on 5/3/2019 (jjbS, COURT STAFF). (Entered: 05/02/2019)

05/02/2019

116 Consent MOTION to File Amicus Curiae Brief in Support of Defendants filed by American Center for Law and Justice. Responses due by 5/16/2019. Replies due by 5/23/2019. (Attachments: # 1 Proposed Amicus Curiae Brief, # 2 Proposed Order)(Sisney, Benjamin) (Filed on 5/2/2019) Modified on 5/3/2019 (jjbS, COURT STAFF). (Entered: 05/02/2019)

05/03/2019

117 Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13309746.) Filing fee previously paid on 05/01/2019 filed by 58 Religious Organizations. (Attachments: # 1 Certificate of Good Standing)(Mangi, Adeel) (Filed on 5/3/2019) (Entered: 05/03/2019)

05/03/2019

118 Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13309762.) Filing fee previously paid on 05/01/2019 filed by 58 Religious Organizations. (Attachments: # 1 Certificate of Good Standing)(Zalesin, Steven) (Filed on 5/3/2019) (Entered: 05/03/2019)

05/03/2019

119 ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 103 in case 4:19-cv-00872-HSG; 79 in case 4:19-cv-00892-HSG) Motion for Leave to File as Amici Curiae. (ndrS, COURT STAFF) (Filed on 5/3/2019) (Entered: 05/03/2019)

05/03/2019

120 Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13309770.) Filing fee previously paid on 05/01/2019 filed by 58 Religious Organizations. (Attachments: # 1 Certificate of Good Standing)(Kolodin, Zachary) (Filed on 5/3/2019) (Entered: 05/03/2019)

05/03/2019

121 Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13309778.) Filing fee previously paid on 05/01/2019 filed by 58 Religious Organizations. (Attachments: # 1 Certificate of Good Standing)(Badat, Mohammed) (Filed on 5/3/2019) (Entered: 05/03/2019)

05/03/2019 122 Amicus Brief filed by National Immigration Law Center, et al. (Espiritu, Nicholas) (Filed on 5/3/2019) Modified on 5/3/2019 (jjbS, COURT STAFF). (Entered: 05/03/2019)

05/06/2019

123 ***RE-FILED, SEEE DOCKET NO. 149 *** MOTION for leave to appear in Pro Hac Vice (Margaret Q. Chapple) ( Filing fee $ 310, receipt number 0971-13320417.) filed by State of Connecticut. (Chapple, Margaret) (Filed on 5/6/2019) Modified on 5/7/2019 (cpS, COURT STAFF). Modified on 5/21/2019 (ndrS, COURT STAFF). (Entered: 05/06/2019)

05/07/2019

124 Brief Amici Curiae in Support of Plaintiffs' Preliminary Injunction filed byNational Immigration Law Center, Asian Americans Advancing Justice-AAJC, Asian Americans Advancing Justice - Los Angeles, AALDEFF, Black Alliance For Just Immigration, LatinoJustice PRLDEF. (Espiritu, Nicholas) (Filed on 5/7/2019) Modified on 5/8/2019 (cpS, COURT STAFF). (Entered: 05/07/2019)

05/07/2019

125 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13325691.) Filing fee paid on 5/7/19 filed by John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Attachments: # 1 Exhibit Certificate of Good Standing)(Bernstein, Richard) (Filed on 5/7/2019) Modified on 5/8/2019 (cpS, COURT STAFF). (Entered: 05/07/2019)

05/08/2019

126 MOTION for leave to appear in Pro Hac Vice (Benjamin P. Sisney) ( Filing fee $ 310, receipt number 0971-13328079.) filed by American Center for Law and Justice. (Attachments: # 1 Exhibit Certificate of Good Standing)(Sisney, Benjamin) (Filed on 5/8/2019) Modified on 5/9/2019 (cpS, COURT STAFF). (Entered: 05/08/2019)

05/08/2019

127 MOTION to Withdraw as Attorney filed by John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. Responses due by 5/22/2019. Replies due by 5/29/2019. (Attachments: # 1 Proposed Order)(Dollan, Matthew) (Filed on 5/8/2019) (Entered: 05/08/2019)

05/08/2019

128 Brief of Former Members of Congress as Amici Curiae in Support of Plaintiffs' Motion for Preliminary Injunction filed byAmici Curiae Former Members of Congress. (Winthrop, Douglas) (Filed on 5/8/2019) (Entered: 05/08/2019)

05/09/2019

129 Brief of Amici Curiae Federal Courts Scholars in Support of Plaintiffs' Motion for Preliminary Injunction filed byErwin Chemerinsky, Michael C. Dorf, David A. Strauss, Stephen I. Vladeck. (Wydra, Elizabeth) (Filed on 5/9/2019) (Entered: 05/09/2019)

05/09/2019 130 ORDER by Judge Haywood S. Gilliam, Jr. Granting 127 Motion to Withdraw as Attorney. (ndrS, COURT STAFF) (Filed on 5/9/2019) (Entered: 05/09/2019)

05/09/2019 131 ORDER by Judge Haywood S. Gilliam, Jr. Granting 117 Amended Motion for Pro Hac Vice as to Mangi, Adeel. (ndrS, COURT STAFF) (Filed on 5/9/2019) (Entered: 05/09/2019)

05/09/2019

132 ORDER by Judge Haywood S. Gilliam, Jr. Granting 118 Amended Motion for Pro Hac Vice as to Zalesin, Steven. (ndrS, COURT STAFF) (Filed on 5/9/2019) (Entered: 05/09/2019)

05/09/2019 133 ORDER by Judge Haywood S. Gilliam, Jr. Granting 120 Amended Motion for Pro Hac Vice as to Kolodin, Zachary. (ndrS, COURT STAFF) (Filed on 5/9/2019) (Entered: 05/09/2019)

05/09/2019

134 ORDER by Judge Haywood S. Gilliam, Jr. Granting 121 Amended Motion for Pro Hac Vice as to Badat, Mohammed. (ndrS, COURT STAFF) (Filed on 5/9/2019) (Entered: 05/09/2019)

05/09/2019 135 ORDER by Judge Haywood S. Gilliam, Jr. Granting 125 Motion for Pro Hac Vice as to Bernstein, Richard. (ndrS, COURT STAFF) (Filed on 5/9/2019) (Entered: 05/09/2019)

05/10/2019

136 Second Supplemental Request for Judicial Notice re 59 MOTION for Preliminary Injunction filed byCommonwealth of Massachusetts, Commonwealth of Virginia, Dana Nessel, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Wisconsin. (Attachments: # 1 Exhibit Exhibits 54 & 55)(Related document(s) 59 ) (Zahradka, James) (Filed on 5/10/2019) Modified on 5/13/2019 (cpS, COURT STAFF). (Entered: 05/10/2019)

05/13/2019

137 ORDER by Judge Haywood S. Gilliam, Jr. Granting 115 Consent MOTION for Leave to File Memorandum as Amici Curiae in Support of Plaintiffs Motion for a Preliminary Injunction. Counsel is directed to file the brief on the docket. (ndrS, COURT STAFF) (Filed on 5/13/2019) (Entered: 05/13/2019)

05/13/2019

138 ORDER by Judge Haywood S. Gilliam, Jr. Granting 116 Consent MOTION to File Amicus Curiae Brief in Support of Defendants. Counsel is directed to file the brief on the docket. (ndrS, COURT STAFF) (Filed on 5/13/2019) (Entered: 05/13/2019)

05/13/2019

139 Brief of Former U.S. Government Officials as Amici Curiae in Support of Plaintiffs' Motion for Preliminary Injunction filed byFormer U.S. Government Officials. (Hartnett, Kathleen) (Filed on 5/13/2019) (Entered: 05/13/2019)

05/13/2019 140 NOTICE of Appearance by Robert Henry Tyler (Tyler, Robert) (Filed on 5/13/2019) (Entered: 05/13/2019)

05/13/2019

141 ORDER by Hon. Haywood S. Gilliam, Jr., DIRECTING DEFENDANTS TO SUBMIT STATEMENT. (hsglc3S, COURT STAFF) (Filed on 5/13/2019) (Entered: 05/13/2019)

05/13/2019

142 ORDER by Hon. Haywood S. Gilliam, Jr., ADVISING Defendants that the Court's 141 requested statement should only include updated factual information, and should not include further legal argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 5/13/2019) (Entered: 05/13/2019)

05/13/2019

143 SECOND DECLARATION of Kenneth Rapuano (May 13, 2019) filed by Department of Defense, David Bernhardt, Mark T. Esper, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson. (Attachments: # 1 Exhibit Second Declaration of Kenneth Rapuano (dated May 13, 2019))(Warden, Andrew) (Filed on 5/13/2019) Modified on 5/14/2019 (cpS, COURT STAFF). (Entered: 05/13/2019)

05/14/2019 144 NOTICE of Appearance by Eric Grant on behalf of Defendants (Grant, Eric) (Filed on 5/14/2019) (Entered: 05/14/2019)

05/14/2019

145 CLERK'S NOTICE. Notice is hereby given that any member of the press wishing to listen by telephone to the motions hearings scheduled for May 17th shall contact CourtCall at (866) 582-6878 to make arrangements to do so. No one is permitted to record the hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 5/14/2019) (Entered: 05/14/2019)

05/14/2019

146 ORDER by Judge Haywood S. Gilliam, Jr. Granting 113 Motion for Pro Hac Vice re: Harold Hongju Koh.(ndrS, COURT STAFF) (Filed on 5/14/2019) (Entered: 05/14/2019)

05/14/2019 147 ORDER by Judge Haywood S. Gilliam, Jr. Granting 114 Motion for Pro Hac Vice Re: Phillip M. Spector. (ndrS, COURT STAFF) (Filed on 5/14/2019) (Entered: 05/14/2019)

05/15/2019

148 MOTION to Withdraw as Attorney (Zachary Kolodin) filed by 58 Religious Organizations. Responses due by 5/29/2019. Replies due by 6/5/2019. (Attachments: # 1 Proposed Order)(Kolodin, Zachary) (Filed on 5/15/2019) Modified on 5/16/2019 (cpS, COURT STAFF). (Entered: 05/15/2019)

05/15/2019

149 MOTION for leave to appear in Pro Hac Vice (Margaret Q. Chapple) ( Filing fee $ 310, receipt number 0971-13320417.) Filing Fee Paid filed by State of Connecticut. (Chapple, Margaret) (Filed on 5/15/2019) Modified on 5/16/2019 (cpS, COURT STAFF). Modified on 5/16/2019 (cpS, COURT STAFF). (Entered: 05/15/2019)

05/15/2019 150 NOTICE of Appearance by James Mahoney Burnham (Burnham, James) (Filed on 5/15/2019) (Entered: 05/15/2019)

05/15/2019

151 Response to the Court's May 13, 2019 Order 141 by Department of Defense, David Bernhardt, Mark T. Esper, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson. (Attachments: # 1 Exhibit, # 2 Exhibit)(Warden, Andrew) (Filed on 5/15/2019) Modified on 5/16/2019 (cpS, COURT STAFF). (Entered: 05/15/2019)

05/16/2019 152 NOTICE of Appearance by Howard Michael Garfield (Garfield, Howard) (Filed on 5/16/2019) (Entered: 05/16/2019)

05/16/2019

153 ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 148 in case 4:19-cv-00872-HSG and 129 in case 4:19-cv-00892-HSG ) Motion to Withdraw as Attorney. (ndrS, COURT STAFF) (Filed on 5/16/2019) (Entered: 05/16/2019)

05/17/2019 154 ORDER by Judge Haywood S. Gilliam, Jr. Granting 126 Motion for Pro Hac Vice as to Benjamin P. Sisney.(ndrS, COURT STAFF) (Filed on 5/17/2019) (Entered: 05/17/2019)

05/17/2019

155 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Motion Hearing held on 5/17/2019. Total Time in Court: 2 hours and 40 minutes. Court Reporter: Pamela BataloHebel. Plaintiff Attorney: Dror Ladin; Lee Sherman; Janelle Smith; Henry Kantor and Douglas Letter. Defendant Attorney: Andrew Warden; Eric Grant and James Burnham. Plaintiffs motions for preliminary injunction (docket nos. 59 in case no. 19cv-872-HSG and 29 in case no. 19-cv-892-HSG) are argued and submitted by the parties and taken under submission by the Court. Parties are in agreement that the Court should rule on the motions for preliminary injunction without regard to the El Centro Sector

and Tucson Sector Projects. Parties are directed to meet and confer and e-file a stipulation and proposed order setting briefing schedule regarding these projects. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 5/17/2019) (Entered: 05/17/2019)

05/17/2019

156 TRANSCRIPT ORDER for proceedings held on 5/17/2019 before Judge Haywood S Gilliam, Jr by State of California, for Court Reporter Pam Batalo. (Zahradka, James) (Filed on 5/17/2019) (Entered: 05/17/2019)

05/19/2019

157 TRANSCRIPT ORDER for proceedings held on May 17, 2019 before Judge Haywood S Gilliam, Jr by Department of Defense, David Bernhardt, Mark T. Esper, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson, for Court Reporter Pam Batalo. (Warden, Andrew) (Filed on 5/19/2019) (Entered: 05/19/2019)

05/20/2019

158 TRANSCRIPT ORDER for proceedings held on May 17, 2019 before Judge Haywood S Gilliam, Jr by United States House of Representatives, for Court Reporter Pam Batalo. (Letter, Douglas) (Filed on 5/20/2019) (Entered: 05/20/2019)

05/20/2019

159 Transcript of Proceedings held on 05/17/19, before Judge Gilliam. Court Reporter Pamela Batalo Hebel, telephone number 626-688-7509; pamela_batalo-hebel@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 (156 in 4:19cv-00872-HSG) Transcript Order, (137 in 4:19-cv-00892-HSG) Transcript Order, (158 in 4:19-cv-00872-HSG) Transcript Order ) Redaction Request due 6/10/2019. Redacted Transcript Deadline set for 6/20/2019. Release of Transcript Restriction set for 8/19/2019. (Batalo, Pam) (Filed on 5/20/2019) (Entered: 05/20/2019)

05/21/2019

160 ORDER by Judge Haywood S. Gilliam, Jr. Granting 149 Motion for Pro Hac Vice as to Margaret Q. Chapple.( 123 Motion for Pro Hac Vice is terminated) (ndrS, COURT STAFF) (Filed on 5/21/2019) (Entered: 05/21/2019)

05/21/2019 161 Letter from Douglas N. Letter, General Counsel, U.S. House of Representatives . (Letter, Douglas) (Filed on 5/21/2019) (Entered: 05/21/2019)

05/22/2019

162 STIPULATION WITH PROPOSED ORDER For Supplemental Briefing Schedule For El Centro and Tucson Border Barrier Projects filed by Department of Defense, David Bernhardt, Mark T. Esper, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, State of California. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 5/22/2019) Modified on 5/23/2019 (cpS, COURT STAFF). (Entered: 05/22/2019)

05/23/2019

163 ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 162 in case 4:19-cv-00872-HSG and 140 in case 4:19-cv-00892HSG) Stipulation For Supplemental Briefing Schedule For El Centro and Tucson Border Barrier Projects. (ndrS, COURT STAFF) (Filed on 5/23/2019) (Entered: 05/23/2019)

05/23/2019

Set Deadlines/Hearing: Motions due by 5/29/2019; Responses due by 6/10/2019 and Replies due by 6/13/2019. (ndrS, COURT STAFF) (Filed on 5/23/2019) (Entered: 05/23/2019)

05/23/2019 164 ***INCORRECT CASE NUMBER***

TRANSCRIPT ORDER for proceedings held on 05/17/2019 before Judge Haywood S Gilliam, Jr for Court Reporter Pam Batalo. (oh, COURT STAFF) (Filed on 5/23/2019) Modified on 5/24/2019 (cpS, COURT STAFF). (Entered: 05/23/2019)

05/24/2019

165 ORDER by Hon. Haywood S. Gilliam, Jr., DENYING 59 Plaintiffs Motion for Preliminary Injunction, and SETTING case management conference for June 5, 2019 at 2:00 p.m. Case management statement is due by May 31, 2019.(hsglc3S, COURT STAFF) (Filed on 5/24/2019) (Entered: 05/24/2019)

05/24/2019

Set Deadline/Hearing: Case Management Statement due by 5/31/2019 and Further Case Management Conference set for 6/5/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor. (ndrS, COURT STAFF) (Filed on 5/24/2019) (Entered: 05/28/2019)

05/29/2019

166 Joint MOTION to Appear by Telephone at Case Management Conference filed by Department of Defense, David Bernhardt, Mark T. Esper, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the

Treasury, United States of America, Stephen I. Vladeck, Heather Wilson., State of California (Attachments: # 1 Proposed Order)(Westmoreland, Rachael) (Filed on 5/29/2019) Modified on 5/30/2019 (cpS, COURT STAFF). (Entered: 05/29/2019)

05/29/2019

167 MOTION for Preliminary Injunction filed by State of California. Responses due by 10/10/2019. Replies due by 10/15/2019. (Attachments: # 1 Supplement Request for Judicial Notice, # 2 Declaration of Kevin B. Clark, # 3 Declaration of Nagano, # 4 Declaration of Dunn, # 5 Declaration of Vanderplank, # 6 Proposed Order, # 7 Certificate/Proof of Service)(Cayaban, Michael) (Filed on 5/29/2019) Modified on 5/30/2019 (cpS, COURT STAFF). (Entered: 05/29/2019)

05/30/2019

Reset Deadlines as to 167 MOTION for Preliminary Injunction , See Docket No. 163 : Responses due by 6/10/2019 and Replies due by 6/13/2019. (ndrS, COURT STAFF) (Filed on 5/30/2019) (Entered: 05/30/2019)

05/30/2019

***Hearing dates of 10/3/2019 Re Docket Nos. 167 in case no. 19-cv00872-hsg and 146 and 150 in case no. 19-cv-00892-HSG are terminated because counsel set the date when filing the motions in ECF but failed to actual notice the motions for that date.*** (ndrS, COURT STAFF) (Filed on 5/30/2019) (Entered: 05/30/2019)

05/30/2019 168 ORDER by Judge Haywood S. Gilliam, Jr. Granting 166 Motion to Appear by Telephone at Case Management Conference.(ndrS, COURT STAFF) (Filed on 5/30/2019) (Entered: 05/30/2019)

05/31/2019

169 JOINT CASE MANAGEMENT STATEMENT filed by Department of Defense, David Bernhardt, Mark T. Esper, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson, State of Colorado, et al. (Warden, Andrew) (Filed on 5/31/2019) Modified on 6/3/2019 (cpS, COURT STAFF). (Entered: 05/31/2019)

06/04/2019 170 NOTICE of Appearance by Brian Jeffrey Bilford (Bilford, Brian) (Filed on 6/4/2019) (Entered: 06/04/2019)

06/05/2019 171 NOTICE of Appearance by Noah Marc Golden-Krasner for Plaintiff State of California (Golden-Krasner, Noah) (Filed on 6/5/2019) (Entered: 06/05/2019)

06/05/2019 172 NOTICE of Appearance by Sparsh S Khandeshi (Khandeshi, Sparsh) (Filed on 6/5/2019) (Entered: 06/05/2019)

06/05/2019

175 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Further Case Management Conference held on 6/5/2019. FTR Time: 2:01-2:27. Plaintiff Attorney: Dror Ladin, Lee Sherman, Gavion McCabe, Craig Newby and Justin Sullivan appearing via courtcall. Defendant Attorney: Andrew Warden appearing via courtcall. The Court orders the current preliminary injunction motion and briefing held in abeyance and orders that the motion for partial summary judgment briefing concerning Sections 284 and 8005 include issues raised in the pending preliminary injunction motion. The Court sets: June 12-filing deadline for motion for partial summary judgment and August 29, 2019 at 2:00 p.m.-hearing deadline for motion for summary judgment on remaining issues. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 6/5/2019) (Entered: 06/10/2019)

06/07/2019

173 NOTICE of Filing of Administrative Record For El Paso, Yuma, El Centro, and Tucson Border Barrier Projects by Department of Defense, David Bernhardt, Mark T. Esper, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Warden, Andrew) (Filed on 6/7/2019) Modified on 6/10/2019 (cpS, COURT STAFF). (Entered: 06/07/2019)

06/07/2019

174 SCHEDULING ORDER: Motions due by 6/12/2019; Responses due by 6/19/2019 and Replies due by 6/24/2019. Signed by Judge Haywood S. Gilliam, Jr. on 6/7/2019. (ndrS, COURT STAFF) (Filed on 6/7/2019) (Entered: 06/07/2019)

06/07/2019

Set Additional Deadlines/Hearing, See Docket No. 174 in case no. 19cv-872-HSG and 164 in case no. 19-cv-892-HSG: Motions due by 7/11/2019; Responses due by 7/25/2019; Replies due by 8/8/2019 and Motion Hearing set for 8/29/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 6/7/2019) Modified on 6/7/2019 (ndrS, COURT STAFF). (Entered: 06/07/2019)

06/12/2019

176 MOTION for Partial Summary Judgment filed by State of California, State of New Mexico. Responses due by 6/19/2019. Replies due by 6/24/2019. (Attachments: # 1 Proposed Order Proposed Order Granting Plaintiff States of California and New Mexico's Motion for Partial Summary Judgment Regarding Sections 284, 8005, and 9002, # 2 Appendix Appendix of Declarations re Enviromental Harms in Support of Motion for Partial Summary Judgment Regarding Sections

284, 8005, and 9002, # 3 Plaintiff States of California and New Mexico's Request for Judicial Notice in Support of Motion for Partial Summary Judgment Regarding Sections 284, 8005, and 9002)(Sherman, Lee) (Filed on 6/12/2019) Modified on 6/13/2019 (cpS, COURT STAFF). (Entered: 06/12/2019)

06/13/2019

177 CLERK'S NOTICE. Notice is hereby given that counsel must notice not re-file the 176 motion for partial summary judgment. Counsel is directed to review the 174 scheduling order and the 175 minute order before noticing the motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 6/13/2019) (Entered: 06/13/2019)

06/14/2019

178 Renotice motion hearing re 176 MOTION for Partial Summary Judgment Regarding Sections 284, 8005, and 9002 filed byState of California. (Related document(s) 176 ) (Sherman, Lee) (Filed on 6/14/2019) (Entered: 06/14/2019)

06/17/2019

179 Consent MOTION for Leave to File Amicus Curiae Brief filed by United States House of Representatives. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Proposed Order)(Letter, Douglas) (Filed on 6/17/2019) (Entered: 06/17/2019)

06/18/2019

180 ORDER by Judge Haywood S. Gilliam, Jr. Granting 179 Consent MOTION for Leave to File Amicus Curiae Brief. Counsel is directed to file the Houses amicus curiae brief on the docket in this matter. (ndrS, COURT STAFF) (Filed on 6/18/2019) (Entered: 06/18/2019)

06/19/2019 181 Brief of Amicus Curiae filed byUnited States House of Representatives. (Letter, Douglas) (Filed on 6/19/2019) (Entered: 06/19/2019)

06/19/2019

182 MOTION for Partial Summary Judgment and Opposition to Plaintiffs' Motion for Partial Summary Judgment filed by Department of Defense, David Bernhardt, Mark T. Esper, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson. Responses due by 6/24/2019. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Proposed Order)(Warden, Andrew) (Filed on 6/19/2019) Modified on 6/20/2019 (cpS, COURT STAFF). (Entered: 06/19/2019)

06/24/2019 183 REPLY (re 176 MOTION for Partial Summary Judgment ) filed byState of California, State of New Mexico. (Attachments:

# 1 Declaration, # 2 Request for Judicial Notice)(Sherman, Lee) (Filed on 6/24/2019) (Entered: 06/24/2019)

06/28/2019

184 JOINT STATUS REPORT Regarding Defendants' Construction Plans by Department of Defense, David Bernhardt, Mark T. Esper, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson, State of California, et al. (Warden, Andrew) (Filed on 6/28/2019) Modified on 6/30/2019 (cpS, COURT STAFF). (Entered: 06/28/2019)

06/28/2019

185 ORDER by Judge Haywood S. Gilliam, Jr., GRANTING IN PART and DENYING IN PART 176 Plaintiffs' Motion for Partial Summary Judgment; DENYING 182 Defendants' Motion for Partial Summary Judgment; CERTIFYING Judgment for Appeal.(hsglc3S, COURT STAFF) (Filed on 6/28/2019) (Entered: 06/28/2019)

06/28/2019

186 PARTIAL JUDGMENT. Signed by Judge Haywood S. Gilliam, Jr. on 6/28/2019.(hsglc3S, COURT STAFF) (Filed on 6/28/2019) Modified on 7/9/2019 (cpS, COURT STAFF). (Entered: 06/28/2019)

06/29/2019

187 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Department of Defense, David Bernhardt, Mark T. Esper, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America. Appeal of Judgment 186 , Order on Motion for Partial Summary Judgment,,, 185 (Appeal fee FEE WAIVED.) (Warden, Andrew) (Filed on 6/29/2019) (Entered: 06/29/2019)

07/01/2019

188 NOTICE of Filing of Administrative Record for the Treasury Forfeiture Fund by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson (Attachments: # 1 Exhibit Certification, # 2 Exhibit TFF Administrative Record)(Warden, Andrew) (Filed on 7/1/2019) Modified on 7/2/2019 (cpS, COURT STAFF). (Entered: 07/01/2019)

07/01/2019

189 USCA Case Number 19-16299 Ninth Circuit Court of Appeals for 187 Notice of Appeal,, filed by U.S. Department of Homeland Security, David Bernhardt, Richard V. Spencer, Mark T. Esper, Department of Defense, United States of America, Patrick M.

Shanahan, U.S. Department of the Interior, Kirstjen M. Nielsen, Steven T. Mnuchin, U.S. Department of the Treasury, Donald J. Trump. (cjlS, COURT STAFF) (Filed on 7/1/2019) (Entered: 07/01/2019)

07/03/2019

190 ORDER of USCA: Defer resolution of the request to consolidate appeal No. 19-16299, which will be addressed by separate order as to 187 Notice of Appeal, filed by U.S. Department of Homeland Security, David Bernhardt, Richard V. Spencer, Mark T. Esper, Department of Defense, United States of America, Patrick M. Shanahan, U.S. Department of the Interior, Kirstjen M. Nielsen, Steven T. Mnuchin, U.S. Department of the Treasury, Donald J. Trump (cpS, COURT STAFF) (Filed on 7/3/2019) (Entered: 07/05/2019)

07/08/2019

191 NOTICE OF CROSS APPEAL as to 186 Judgment, 185 Order on Motion for Partial Summary Judgment,,, by State of California, State of New Mexico. (Appeal fee of $505 receipt number 0971-13498158 paid.) Appeal Record due by 8/7/2019. (Sherman, Lee) (Filed on 7/8/2019) (Entered: 07/08/2019)

07/08/2019

192 **DISREGARD, RE-FILED AT DOCKET NO. 199 ** STIPULATION WITH PROPOSED ORDER Modifying Summary Judgment Briefing Schedule on Claims Related to 10 U.S.C. § 2808 and the Treasury Forfeiture Fund filed by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson, and Plaintiff States. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 7/8/2019) Modified on 7/9/2019 (jjbS, COURT STAFF). Modified on 7/19/2019 (jjbS, COURT STAFF). (Entered: 07/08/2019)

07/08/2019

193 USCA Case Number 19-16336 Ninth Circuit Court of Appeals for 191 Notice of Cross Appeal to the Ninth Circuit, filed by State of California, State of New Mexico. (cjlS, COURT STAFF) (Filed on 7/8/2019) (Entered: 07/09/2019)

07/09/2019

194 ORDER by Hon. Haywood S. Gilliam, Jr., STAYING all outstanding summary judgment briefing deadlines and SETTING a telephone conference for July 17, 2019 at 3:00 p.m., to discuss a briefing schedule. Counsel shall contact CourtCall at (866) 5826878 to make arrangements for the telephonic appearance. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 7/9/2019) (Entered: 07/09/2019)

07/09/2019

Set Hearing, See Docket Nos. 194 in case no. 19-cv-00872-HSG and 193 in case no. 19-cv-00892-HSG: Telephone Conference set for 7/17/2019 03:00 PM in Oakland, Chambers before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 7/9/2019) (Entered: 07/10/2019)

07/11/2019 195 NOTICE of Change of Address by Kathleen R. Hartnett (Hartnett, Kathleen) (Filed on 7/11/2019) (Entered: 07/11/2019)

07/12/2019

196 SUPPLEMENTAL DECLARATION of Loren Flossman Addressing Treasury Fofeiture Fund by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson (Attachments: # 1 Exhibit Flossman Declaration (July 11, 2019))(Warden, Andrew) (Filed on 7/12/2019) Modified on 7/15/2019 (jjbS, COURT STAFF). (Entered: 07/12/2019)

07/15/2019

Electronic filing error. Incorrect event used. [err101]. Correct event is "Declaration." Event can be found under Civil Events > Motions and Related Filings > Moti ons-General > Declaration in Support/Opposition. Corrected by Clerk's Office. No further action is necessary. Re: 196 Notice (Other) filed by U.S. Department of Homeland Security, Ryan D. McCarthy, David Bernhardt, Richard V. Spencer, Mark T. Esper, Department of Defense, United States of America, U.S. Department of the Interior, Kevin K. McAleenan, Heather Wilson, Steven T. Mnuchin, U.S. Department of the Treasury, Donald J. Trump. (jjbS, COURT STAFF) (Filed on 7/15/2019) (Entered: 07/15/2019)

07/15/2019

197 ORDER of USCA, Defendants' Unopposed Motion to Consolidate Appeals is Granted, as to (145 in 4:19-cv-00892-HSG) Notice of Appeal, filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump, (187 in 4:19-cv-00892-HSG) Notice of Appeal, filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump, (187 in 4:19-cv-00872-HSG) Notice of Appeal,, filed by U.S. Department of Homeland Security, David Bernhardt, Richard V. Spencer, Mark T. Esper, Department of Defense, United States of America, Patrick M. Shanahan, U.S. Department of the Interior, Kirstjen M. Nielsen, Steven T. Mnuchin, U.S. Department of the Treasury, Donald J. Trump, (191 in 4:19-cv-00872-HSG) Notice of Cross Appeal to the Ninth Circuit, filed by State of California, State of New Mexico (jjbS, COURT STAFF) (Filed on 7/15/2019) (Entered: 07/16/2019)

07/17/2019

198 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephone Conference held on 7/17/2019. Total Time in Court: 10 Minutes. Not Reported. Plaintiff Attorney: Christine Chuang; Mollie Lee; Heather Leslie; Gavin McCabe; Craig Newby; Lee Sherman; Justin Sullivan; James Zahradka and Dror Ladin. Defendant Attorney: Andrew Warden. The Court advises the parties that it will grant the stipulation and proposed order in Sierra Club v. Trump, No. 4:19-cv-00892-HSG (docket no. 191). The parties in California v. Trump, No. 4:19-cv-00872-HSG are directed to meet and confer and e-file (1) a revised stipulation and proposed order regarding summary judgment briefing related to 10 U.S.C. § 2808, and (2) a stipulated dismissal without prejudice concerning claims related to the Treasury Forfeiture Fund. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 7/17/2019) (Entered: 07/18/2019)

07/18/2019

199 STIPULATION WITH PROPOSED ORDER Staying Summary Judgment Briefing Schedule on Claims Related to 10 U.S.C. § 2808 filed by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson, State of California and other Plaintiff States. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 7/18/2019) Modified on 7/19/2019 (jjbS, COURT STAFF). (Entered: 07/18/2019)

07/19/2019

200 ORDER by Judge Haywood S. Gilliam, Jr. Granting 199 Stipulation Staying Summary Judgment Briefing Schedule on Claims Related to 10 U.S.C. § 2808. (ndrS, COURT STAFF) (Filed on 7/19/2019) (Entered: 07/19/2019)

07/26/2019 201 ORDER of United States Supreme Court. (jjbS, COURT STAFF) (Filed on 7/26/2019) (Entered: 07/29/2019)

08/02/2019

202 STIPULATION WITH PROPOSED ORDER Dismissing without Prejudice TFF Claims filed by Commonwealth of Massachusetts, Commonwealth of Virginia, Dana Nessel, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Wisconsin and Defendants. (Attachments: # 1 Proposed Order Dismissing Without Prejudice TFF Claims)(Sherman, Lee) (Filed on

8/2/2019) Modified on 8/5/2019 (jjbS, COURT STAFF). Modified on 8/5/2019 (jjbS, COURT STAFF). (Entered: 08/02/2019)

08/05/2019

203 ORDER by Judge Haywood S. Gilliam, Jr. Granting 202 Stipulation Dismissing without Prejudice TFF Claims. (ndrS, COURT STAFF) (Filed on 8/5/2019) (Entered: 08/05/2019)

08/27/2019

204 NOTICE Of Decision by the Department of Defense to Authorize Additional Border Barrier Projects Pursuant to 10 U.S.C. § 284 by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson (Attachments: # 1 Exhibit, # 2 Exhibit)(Warden, Andrew) (Filed on 8/27/2019) Modified on 8/28/2019 (jjbS, COURT STAFF). (Entered: 08/27/2019)

09/03/2019 205 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13670617.) filed by State of Hawaii. (Nakatsuji, Robert) (Filed on 9/3/2019) (Entered: 09/03/2019)

09/03/2019

206 NOTICE of Decision by the Department of Defense to Authorize Border Barrier Projects Pursuant to 10 U.S.C. § 2808 by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Warden, Andrew) (Filed on 9/3/2019) Modified on 9/4/2019 (jjbS, COURT STAFF). (Entered: 09/03/2019)

09/05/2019

207 Supplement to 206 Notice of Decision by the Department of Defense to Authorize Border Barrier Projects Pursuant to 10 U.S.C. § 2808 by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson (Attachments: # 1 Exhibit)(Warden, Andrew) (Filed on 9/5/2019) Modified on 9/6/2019 (jjbS, COURT STAFF). (Entered: 09/05/2019)

09/05/2019

208 ORDER by Judge Haywood S. Gilliam, Jr. Granting 205 Motion for Pro Hac Vice as to Nakatsuji, Robert. (ndrS, COURT STAFF) (Filed on 9/5/2019) (Entered: 09/05/2019)

09/13/2019

209 JOINT STATUS REPORT Proposing Briefing Schedule For Summary Judgment Motions on Claims Related to 10 U.S.C. § 2808 by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson. and all Plaintiffs. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 9/13/2019) Modified on 9/16/2019 (jjbS, COURT STAFF). (Entered: 09/13/2019)

09/13/2019

210 Supplemental NOTICE Regarding Decision by the Department of Defense to Authorize Additional Border Barrier Projects Pursuant to 10 U.S.C. § 284 by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson re 204 Notice (Other) (Attachments: # 1 Exhibit)(Warden, Andrew) (Filed on 9/13/2019) Modified on 9/16/2019 (jjbS, COURT STAFF). (Entered: 09/13/2019)

09/16/2019

211 SCHEDULING ORDER: Motions due by 10/11/2019; Cross Motions due by 10/25/2019; Responses due by 11/1/2019; Replies due by 11/8/2019 and Motion Hearing set for 11/20/2019 10:00 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 9/16/2019. (ndrS, COURT STAFF) (Filed on 9/16/2019) Modified on 9/17/2019 to correct typo (time 10 not 2) (ndrS, COURT STAFF). (Entered: 09/16/2019)

09/16/2019

212 NOTICE of Filing of Administrative Record For Section 2808 Border Barrier Projects by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson (Attachments: # 1 Exhibit Certification, # 2 Exhibit 2808 Administrative Record - Part 1, # 3 Exhibit 2808 Administrative Record - Part 2, # 4 Exhibit 2808 Administrative Record - Part 3)(Warden, Andrew) (Filed on 9/16/2019) Modified on 9/17/2019 (jjbS, COURT STAFF). (Entered: 09/16/2019)

09/20/2019

213 MOTION to Withdraw as Attorney Brittany M. Jones filed by Commonwealth of Virginia. Responses due by 10/4/2019. Replies due by 10/11/2019. (Attachments: # 1 Proposed Order)(Jones, Brittany) (Filed on 9/20/2019) (Entered: 09/20/2019)

09/23/2019 214 ORDER by Judge Haywood S. Gilliam, Jr. Granting 213 Motion to Withdraw Brittany M. Jones as Attorney. (ndrS, COURT STAFF) (Filed on 9/23/2019) (Entered: 09/23/2019)

09/30/2019

215 NOTICE Regarding Funding of Border Barrier Projects Pursuant to 10 U.S.C. § 284 in Fiscal Year 2020 by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson (Attachments: # 1 Declaration)(Warden, Andrew) (Filed on 9/30/2019) Modified on 10/1/2019 (jjbS, COURT STAFF). (Entered: 09/30/2019)

10/03/2019

216 NOTICE Regarding Use Of The Treasury Forfeiture Fund by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson (Attachments: # 1 Declaration, # 2 Declaration)(Warden, Andrew) (Filed on 10/3/2019) Modified on 10/4/2019 (jjbS, COURT STAFF). (Entered: 10/03/2019)

10/10/2019

217 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13781065.) filed by Commonwealth of Virginia. (Attachments: # 1 Good standing certificate issued by Supreme Court of Virginia dated Sept. 13, 2019)(Glubiak, Zachary) (Filed on 10/10/2019) (Entered: 10/10/2019)

10/10/2019

218 MOTION to Withdraw as Attorney filed by State of Hawaii. Responses due by 10/24/2019. Replies due by 10/31/2019. (Attachments: # 1 Proposed Order)(Wadsworth, Clyde) (Filed on 10/10/2019) (Entered: 10/10/2019)

10/11/2019 219 ORDER by Judge Haywood S. Gilliam, Jr. Granting 218 Motion to Withdraw as Attorney as to Wadsworth, Clyde. (ndrS, COURT STAFF) (Filed on 10/11/2019) (Entered: 10/11/2019)

10/11/2019

220 MOTION for Partial Summary Judgment Re Section 2808 and NEPA filed by Commonwealth of Virginia, State of California, State of Colorado, State of Hawaii, State of Maryland, State of New Mexico, State of New York, State of Oregon, State of Wisconsin. Motion Hearing set for 11/20/2019 10:00 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 10/25/2019. Replies due by 11/1/2019. (Attachments: # 1 Appendix of Declarations re: Environmental Harms, # 2 Declaration of Colonel

William Green, # 3 Declaration of Alison Lynn Reaser, # 4 Declaration of Heather Leslie, # 5 Request for Judicial Notice ISO Mot for Partial Summary Judgment Re Section 2808 and NEPA, # 6 Proposed Order Granting Motion for Partial Summary Judgment, # 7 Certificate/Proof of Service)(Leslie, Heather) (Filed on 10/11/2019) (Entered: 10/11/2019)

10/18/2019

221 NOTICE of Filing Corrected Declaration of Alison Lynn Reaser by State of California. Amendment to 220 MOTION for Partial Summary Judgment Re Section 2808 and NEPA . (Attachments: # 1 Corrected Declaration of Alison Lynn Reaser)(Leslie, Heather) (Filed on 10/18/2019) Modified on 10/21/2019 (jjbS, COURT STAFF). (Entered: 10/18/2019)

10/18/2019

222 Consent MOTION for Leave to File Brief as Amicus Curiae In Support of Plaintiffs Motion for Partial Summary Judgment filed by United States House of Representatives. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Letter, Douglas) (Filed on 10/18/2019) (Entered: 10/18/2019)

10/18/2019

223 Consent MOTION to File Amicus Curiae Brief in Support of Plaintiffs' Motion for Partial Summary Judgment filed by Former U.S. Government Officials. Motion Hearing set for 11/20/2019 10:00 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 11/1/2019. Replies due by 11/8/2019. (Attachments: # 1 Brief of Former U.S. Government Officials as Amici Curiae in Support of Plaintiffs Motion for Partial Summary Judgment, # 2 Proposed Order)(Hartnett, Kathleen) (Filed on 10/18/2019) (Entered: 10/18/2019)

10/21/2019

224 ORDER by Judge Haywood S. Gilliam, Jr. Granting 222 Motion for Leave to File to File Brief as Amicus Curiae In Support of Plaintiffs Motion for Partial Summary Judgment. Counsel is directed to file the brief on the docket. (ndrS, COURT STAFF) (Filed on 10/21/2019) (Entered: 10/21/2019)

10/21/2019

225 ORDER by Judge Haywood S. Gilliam, Jr. Granting 223 Consent MOTION to File Amicus Curiae Brief in Support of Plaintiffs' Motion for Partial Summary Judgment. Counsel is directed to file the brief on the docket.(ndrS, COURT STAFF) (Filed on 10/21/2019) (Entered: 10/21/2019)

10/21/2019

226 Brief of Amicus Curiae in Support of Plaintiffs' Motion for Partial Summary Judgment filed by United States House of Representatives. (Letter, Douglas) (Filed on 10/21/2019) Modified on 10/22/2019 (jjbS, COURT STAFF). (Entered: 10/21/2019)

10/21/2019

227 Brief as Amici Curiae in Support of Plaintiffs Motion for Partial Summary Judgment filed by Former U.S. Government Officials. (Hartnett, Kathleen) (Filed on 10/21/2019) Modified on 10/22/2019 (jjbS, COURT STAFF). (Entered: 10/21/2019)

10/21/2019

228 ORDER by Hon. Haywood S. Gilliam, Jr. SETTING November 4, 2019, as the deadline for any motion for leave to file an amicus brief related to the partial motions for summary judgment, set for hearing on November 20, 2019, at 10:00 a.m., see Dkt. No. 220 in Case No. 4:19-cv-00872, and Dkt. No. 210 in Case No. 4:19-cv00892. Any motion received after November 4 will be denied as untimely. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 10/21/2019) (Entered: 10/21/2019)

10/21/2019 229 NOTICE of Appearance by Mark R. Conrad (Conrad, Mark) (Filed on 10/21/2019) (Entered: 10/21/2019)

10/21/2019

230 Consent MOTION for Leave to File Amicus Curiae Brief In Support of Plaintiffs Motion for Partial Summary Judgment filed by Iraq and Afghanistan Veterans of America. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Conrad, Mark) (Filed on 10/21/2019) (Entered: 10/21/2019)

10/22/2019

231 ORDER by Judge Haywood S. Gilliam, Jr. Granting 230 Consent MOTION for Leave to File Amicus Curiae Brief In Support of Plaintiffs Motion for Partial Summary Judgment. Counsel is directed to file the brief on the docket.(ndrS, COURT STAFF) (Filed on 10/22/2019) (Entered: 10/22/2019)

10/22/2019

232 Amicus Curiae Brief In Support of Plaintiffs Motion for Partial Summary Judgment re 231 Order on Motion for Leave to File, filed by Iraq and Afghanistan Veterans of America. (Related document(s) 231 ) (Conrad, Mark) (Filed on 10/22/2019) Modified on 10/23/2019 (jjbS, COURT STAFF). (Entered: 10/22/2019)

10/22/2019 233 ORDER by Judge Haywood S. Gilliam, Jr. Granting 217 Motion for Pro Hac Vice as to Glubiak, Zachary. (ndrS, COURT STAFF) (Filed on 10/22/2019) (Entered: 10/22/2019)

10/25/2019 234 NOTICE of Appearance by Megan Barbero (Barbero, Megan) (Filed on 10/25/2019) (Entered: 10/25/2019)

10/25/2019

235 MOTION for Leave to Present Argument in the Summary Judgment Hearing filed by United States House of Representatives. Motion Hearing set for 11/20/2019 10:00 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by

11/8/2019. Replies due by 11/15/2019. (Attachments: # 1 Proposed Order)(Barbero, Megan) (Filed on 10/25/2019) (Entered: 10/25/2019)

10/25/2019

236 MOTION for Partial Summary Judgment Regarding Border Barrier Projects Undertaken Pursuant to 10 U.S.C. § 2808 and Opposition to Plaintiffs' Motion for Partial Summary Judgment filed by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson. Motion Hearing set for 11/20/2019 10:00 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 11/1/2019. Replies due by 11/8/2019. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Proposed Order)(Warden, Andrew) (Filed on 10/25/2019) (Entered: 10/25/2019)

10/29/2019

237 MOTION to Withdraw as Counsel Henry Kantor filed by State of Oregon. Responses due by 11/12/2019. Replies due by 11/19/2019. (Attachments: # 1 Proposed Order)(Kantor, Henry) (Filed on 10/29/2019) Modified on 10/30/2019 (jjbS, COURT STAFF). (Entered: 10/29/2019)

10/31/2019

238 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13843757.) filed by Iraq and Afghanistan Veterans of America. (Attachments: # 1 Certificate of Good Standing)(Rodman, Lindsay) (Filed on 10/31/2019) (Entered: 10/31/2019)

10/31/2019

239 ORDER by Judge Haywood S. Gilliam, Jr. Granting 235 Motion for Leave to Present Argument in the Summary Judgment Hearing. (ndrS, COURT STAFF) (Filed on 10/31/2019) (Entered: 10/31/2019)

10/31/2019

240 ORDER by Judge Haywood S. Gilliam, Jr. Granting 237 Motion to Withdraw as Attorney Henry Kantor. (ndrS, COURT STAFF) (Filed on 10/31/2019) (Entered: 10/31/2019)

11/01/2019

241 REPLY (re 236 MOTION for Partial Summary Judgment Regarding Border Barrier Projects Undertaken Pursuant to 10 U.S.C. § 2808 and Opposition to Plaintiffs' Motion for Partial Summary Judgment, 220 MOTION for Partial Summary Judgment Re Section 2808 and NEPA ) filed byCommonwealth of Virginia, State of California, State of Colorado, State of Hawaii, State of Maryland, State of New Mexico, State of New York, State of Oregon, State of Wisconsin. (Leslie, Heather) (Filed on 11/1/2019) (Entered: 11/01/2019)

11/04/2019 242 ORDER by Judge Haywood S. Gilliam, Jr. Granting 238 Motion for Pro Hac Vice as to Rodman, Lindsay. (ndrS, COURT STAFF) (Filed on 11/4/2019) (Entered: 11/04/2019)

11/04/2019

243 Consent MOTION to File Amicus Curiae Brief filed by Federal Courts Scholars. Motion Hearing set for 11/20/2019 10:00 AM before Judge Haywood S Gilliam Jr.. Responses due by 11/18/2019. Replies due by 11/25/2019. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Wydra, Elizabeth) (Filed on 11/4/2019) (Entered: 11/04/2019)

11/04/2019

244 Consent MOTION to File Amicus Curiae Brief in Support of Defendants' Motion for Partial Summary Judgment filed by Andy Barr. Motion Hearing set for 11/20/2019 10:00 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr. Responses due by 11/18/2019. Replies due by 11/25/2019. (Attachments: # 1 Exhibit Proposed Amicus Memo of Law, # 2 Proposed Order)(Joseph, Lawrence) (Filed on 11/4/2019) Modified on 11/5/2019 (jjbS, COURT STAFF). (Entered: 11/04/2019)

11/05/2019

245 ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 243 in case 4:19-cv-00872-HSG and 241 in case 4:19-cv-00892HSG) Motion to File Amicus Curiae Brief. Counsel is directed to file federal courts scholars amici curiae brief on the docket in these matters. (ndrS, COURT STAFF) (Filed on 11/5/2019) (Entered: 11/05/2019)

11/05/2019

246 ORDER by Judge Haywood S. Gilliam, Jr. Granting Consent 244 MOTION to File Amicus Curiae Brief in Support of Defendants' Motion for Partial Summary Judgment. Counsel is directed to e-file the brief on the docket. (ndrS, COURT STAFF) (Filed on 11/5/2019) (Entered: 11/05/2019)

11/05/2019

247 Brief of Amici Curiae Federal Courts Scholars in Opposition to Defendants' Motion for Partial Summary Judgment filed by Federal Courts Scholars. (Wydra, Elizabeth) (Filed on 11/5/2019) Modified on 11/6/2019 (jjbS, COURT STAFF). (Entered: 11/05/2019)

11/05/2019

248 Brief of U.S. Rep. Any Barr as Amicus Curiae in Support of Defendants Motion for Partial Summary Judgment re 246 Order on Motion to File Amicus Curiae Brief, filed by Andy Barr. (Related document(s) 246 ) (Joseph, Lawrence) (Filed on 11/5/2019) Modified on 11/6/2019 (jjbS, COURT STAFF). (Entered: 11/05/2019)

11/08/2019

249 REPLY (re 236 MOTION for Partial Summary Judgment Regarding Border Barrier Projects Undertaken Pursuant to 10 U.S.C. § 2808 and Opposition to Plaintiffs' Motion for Partial Summary Judgment ) filed by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K.

McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson. (Attachments: # 1 Exhibit, # 2 Exhibit)(Warden, Andrew) (Filed on 11/8/2019) (Entered: 11/08/2019)

11/20/2019

250 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Motion Hearing held on 11/20/2019. Total Time in Court: 2 Hours and 7 Minutes. Court Reporter: Pamela BataloHebel. Plaintiff Attorney: Heather Leslie; Dror Ladin and Megan Barbero. Defendant Attorney: Eric Grant and James Burnham. Cross-motions for partial summary judgment (docket nos. 220 and 236 in case no. 19-cv-00872-HSG and 210 and 236 in case no. 19-cv00892-HSG) are argued and submitted by the parties. Counsel for defendants are directed to advise the Court in a filing by noon Pacific Standard Time on November 25th (maximum of five pages), 1) whether there is underlying authority for the nearby limitation cited in the Section 2808 Administrative Record; and 2) how, and under whose authority, a military installation may be created. Counsel for plaintiffs responses are due by close of business (5 p.m.) on November 26th. The motions will be deemed submitted upon filing of plaintiffs responses. Written order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 11/20/2019) (Entered: 11/20/2019)

11/25/2019

251 RESPONSE To The Court's November 20, 2019 Order Requesting Additional Information About Military Installations by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson. (Attachments: # 1 Exhibit)(Warden, Andrew) (Filed on 11/25/2019) (Entered: 11/25/2019)

11/25/2019

252 TRANSCRIPT ORDER for proceedings held on November 20, 2019 before Judge Haywood S Gilliam, Jr by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson, for Court Reporter Pam Batalo. (Warden, Andrew) (Filed on 11/25/2019) (Entered: 11/25/2019)

11/25/2019

253 TRANSCRIPT ORDER for proceedings held on 11/25/2019 before Judge Haywood S Gilliam, Jr by State of California, for Court Reporter Pam Batalo. (Leslie, Heather) (Filed on 11/25/2019) (Entered: 11/25/2019)

11/26/2019

254 Transcript of Proceedings held on 11/20/19, before Judge Gilliam. Court Reporter Pamela Batalo Hebel, telephone number 626-688-7509; pamela_batalo-hebel@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 (253 in 4:19cv-00872-HSG) Transcript Order, (252 in 4:19-cv-00872-HSG) Transcript Order, (250 in 4:19-cv-00892-HSG) Transcript Order ) Redaction Request due 12/17/2019. Redacted Transcript Deadline set for 12/27/2019. Release of Transcript Restriction set for 2/24/2020. (Batalo, Pam) (Filed on 11/26/2019) (Entered: 11/26/2019)

11/26/2019

255 RESPONSE to the Court's 11.20.19 Order Requesting Additional Information about Military Installations by Commonwealth of Virginia, State of California, State of Colorado, State of Hawaii, State of Maryland, State of New Mexico, State of New York, State of Oregon, State of Wisconsin. (Leslie, Heather) (Filed on 11/26/2019) Modified on 11/27/2019 (jjbS, COURT STAFF). (Entered: 11/26/2019)

12/10/2019

256 NOTICE of Decision in El Paso County v. Trump (W.D. Tex.) by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson (Attachments: # 1 Exhibit)(Warden, Andrew) (Filed on 12/10/2019) Modified on 12/10/2019 (jjbS, COURT STAFF). (Entered: 12/10/2019)

12/11/2019

257 ORDER by Judge Haywood S. Gilliam, Jr. GRANTING IN PART AND DENYING IN PART PLAINTIFFS (220 in case 4:19-cv00872-HSG and 210 in case 4:19-cv-00892-HSG) MOTIONS FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANTS (236 in case 4:19-cv-00872-HSG and 236 in case 4:19-cv-00892-HSGM OTIONS FOR PARTIAL SUMMARY JUDGMENT.(ndrS, COURT STAFF) (Filed on 12/11/2019) (Entered: 12/11/2019)

12/11/2019 258 CLERK'S JUDGMENT. (ndrS, COURT STAFF) (Filed on 12/11/2019) (Entered: 12/11/2019)

12/13/2019

259 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson. Appeal of Order on Motion for Partial Summary Judgment,,,,,,, 257 , Clerk's Judgment 258 (Appeal fee FEE WAIVED.) (Warden, Andrew) (Filed on 12/13/2019) (Entered: 12/13/2019)

12/16/2019

260 USCA Case Number 19-17502 Ninth Circuit Court of Appeals for 259 Notice of Appeal,, filed by U.S. Department of Homeland Security, Ryan D. McCarthy, David Bernhardt, Richard V. Spencer, Mark T. Esper, Department of Defense, United States of America, U.S. Department of the Interior, Kevin K. McAleenan, Heather Wilson, Steven T. Mnuchin, U.S. Department of the Treasury, Donald J. Trump. (cjlS, COURT STAFF) (Filed on 12/16/2019) (Entered: 12/16/2019)

01/03/2020

261 ORDER of USCA as to 259 Notice of Appeal, filed by U.S. Department of Homeland Security, Ryan D. McCarthy, David Bernhardt, Richard V. Spencer, Mark T. Esper, Department of Defense, United States of America, U.S. Department of the Interior, Kevin K. McAleenan, Heather Wilson, Steven T. Mnuchin, U.S. Department of the Treasury, Donald J. Trump (jjbS, COURT STAFF) (Filed on 1/3/2020) (Entered: 01/06/2020)

01/07/2020

262 NOTICE OF CROSS APPEAL as to 257 Order on Motion for Partial Summary Judgment, 258 Clerk's Judgment by Commonwealth of Virginia, State of California, State of Colorado, State of Hawaii, State of Maryland, State of New Mexico, State of New York, State of Oregon, State of Wisconsin. (Appeal fee of $505 receipt number 097114046863 paid.) Appeal Record due by 1/21/2020. (Leslie, Heather) (Filed on 1/7/2020) Modified on 1/8/2020 (jjbS, COURT STAFF). (Entered: 01/07/2020)

01/08/2020

263 NOTICE Regarding Use Of The Treasury Forfeiture Fund by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson (Attachments: # 1 Exhibit)(Warden, Andrew) (Filed on

1/8/2020) Modified on 1/9/2020 (jjbS, COURT STAFF). (Entered: 01/08/2020)

01/10/2020

264 USCA Case Number 20-15044 Ninth Circuit Court of Appeals for 262 Notice of Cross Appeal to the Ninth Circuit, filed by State of Hawaii, State of Wisconsin, State of California, State of Maryland, State of New Mexico, State of Oregon, Commonwealth of Virginia, State of New York, State of Colorado. (cjlS, COURT STAFF) (Filed on 1/10/2020) (Entered: 01/10/2020)

01/10/2020

265 ORDER of USCA, the previously established briefing schedule is vacated, as to 259 Notice of Appeal, filed by U.S. Department of Homeland Security, Ryan D. McCarthy, David Bernhardt, Richard V. Spencer, Mark T. Esper, Department of Defense, United States of America, U.S. Department of the Interior, Kevin K. McAleenan, Heather Wilson, Steven T. Mnuchin, U.S. Department of the Treasury, Donald J. Trump (jjbS, COURT STAFF) (Filed on 1/10/2020) (Entered: 01/13/2020)

01/22/2020

266 SUPPLEMENTAL NOTICE Regarding Section 2808 Construction by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Stephen I. Vladeck, Heather Wilson. (Attachments: # 1 Exhibit)(Westmoreland, Rachael) (Filed on 1/22/2020) Modified on 1/23/2020 (jjbS, COURT STAFF). (Entered: 01/22/2020)

01/24/2020

267 ORDER of USCA, as to 259 Notice of Appeal, filed by U.S. Department of Homeland Security, Ryan D. McCarthy, David Bernhardt, Richard V. Spencer, Mark T. Esper, Department of Defense, United States of America, U.S. Department of the Interior, Kevin K. McAleenan, Heather Wilson, Steven T. Mnuchin, U.S. Department of the Treasury, Donald J. Trump, 262 Notice of Cross Appeal to the Ninth Circuit, filed by State of Hawaii, State of Wisconsin, State of California, State of Oregon, State of New Mexico, State of Maryland, Commonwealth of Virginia, State of New York, State of Colorado (jjbS, COURT STAFF) (Filed on 1/24/2020) (Entered: 01/29/2020)

02/04/2020

268 ADMINISTRATIVE MOTION to Withdraw as Attorney filed by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America,

Heather Wilson. Responses due by 2/10/2020. (Burnham, James) (Filed on 2/4/2020) Modified on 2/4/2020 (jjbS, COURT STAFF). (Entered: 02/04/2020)

02/04/2020 269 ORDER by Judge Haywood S. Gilliam, Jr. Granting 268 Motion to Withdraw as Attorney. (ndrS, COURT STAFF) (Filed on 2/4/2020) (Entered: 02/04/2020)

02/07/2020

270 ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING parties in State of California v. Trump, Case No. 19-0872, and Sierra Club v. Trump, Case No. 19-0892, TO SHOW CAUSE why judgment should not be entered and the cases closed in accordance with the Court's orders on the motions for summary judgment and in light of Plaintiffs' dismissal of the claims related to the Treasury Forfeiture Fund. The parties shall file a joint statement of two pages or less by February 14, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 2/7/2020) (Entered: 02/07/2020)

02/13/2020

271 NOTICE Regarding Authorization of Additional Border Barrier Projects Pursuant to 10 U.S.C. § 284 by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson (Attachments: # 1 Declaration Seventh Rapuano Declaration, # 2 Declaration Second Stiglich Declaration)(Warden, Andrew) (Filed on 2/13/2020) Modified on 2/14/2020 (jjbS, COURT STAFF). (Entered: 02/13/2020)

02/14/2020

272 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14180499.) filed by State of Delaware. (Attachments: # 1 Certificate/Proof of Service Good Standing Certificate)(Wright, Christian) (Filed on 2/14/2020) (Entered: 02/14/2020)

02/14/2020

273 JOINT STATEMENT IN RESPONSE TO ORDER TO SHOW CAUSE by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson and all Plaintiffs. (Warden, Andrew) (Filed on 2/14/2020) Modified on 2/18/2020 (jjbS, COURT STAFF). (Entered: 02/14/2020)

02/18/2020 274 CLERK'S NOTICE SETTING TELEPHONIC CONFERENCE. Notice is hereby given that a Telephonic Conference has been set for February

20th, before Judge Haywood S. Gilliam, Jr., at 10:00 a.m. Counsel shall contact CourtCall at (866) 582- 6878 to make arrangements for the telephonic appearance. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 2/18/2020) (Entered: 02/18/2020)

02/20/2020

275 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephone Conference held on 2/20/2020. Total Time in Court: 15 Minutes. Not Reported. Plaintiff Attorney: Christine Chuang; Heather Leslie; Lee Sherman; James Zahradka; Dror Ladin; Molloe Lee and Noor Zafar all appearing via courtcall. Defendant Attorney: Andrew Warden appearing via courtcall. Plaintiffs are directed that to the extent they want to bring additional claims or allege additional facts in light of Defendants notice regarding authorization of additional border barrier projects they may e-file new complaints that the Court will relate to these actions. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 2/20/2020) (Entered: 02/21/2020)

02/27/2020 276 ORDER by Judge Haywood S. Gilliam, Jr. Granting 272 Motion for Pro Hac Vice as to Wright, Christian. (ndrS, COURT STAFF) (Filed on 2/27/2020) (Entered: 02/27/2020)

03/03/2020

277 Consent ADMINISTRATIVE MOTION to Consider Whether Cases Should be Related filed by State of California. Responses due by 3/9/2020. (Attachments: # 1 Proposed Order, # 2 Declaration and Exhibits A-B)(Sherman, Lee) (Filed on 3/3/2020) (Entered: 03/03/2020)

03/04/2020

278 ORDER by Judge Haywood S. Gilliam, Jr. Granting 277 Consent Administrative Motion to Consider Whether Cases Should be Related. (ndrS, COURT STAFF) (Filed on 3/4/2020) (Entered: 03/04/2020)

04/29/2020

279 NOTICE of Changes In Funding For Border Barrier Projects Undertaken Pursuant to 10 U.S.C. § 2808 in Fiscal Year 2019, filed by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson (Attachments: # 1 Exhibit)(Warden, Andrew) (Filed on 4/29/2020) Modified on 4/30/2020 (jlmS, COURT STAFF). (Entered: 04/29/2020)

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4:19-cv00872-HSG
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 Case 4:19-cv-00872-HSG Document 1 Filed 02/18/19 Page 1 of 57

1 XAVIER BECERRA Attorney General of California
2 ROBERT W. BYRNE SALLY MAGNANI
3 MICHAEL L. NEWMAN Senior Assistant Attorneys General
4 MICHAEL P. CAYABAN CHRISTINE CHUANG
5 EDWARD H. OCHOA Supervising Deputy Attorneys General
6 HEATHER C. LESLIE JANELLE M. SMITH
7 JAMES F. ZAHRADKA II LEE I. SHERMAN (SBN 272271)
8 Deputy Attorneys General 300 S. Spring St., Suite 1702
9 Los Angeles, CA 90013 Telephone: (213) 269-6404
10 Fax: (213) 897-7605 E-mail: Lee.Sherman@doj.ca.gov
11 Attorneys for Plaintiff State of California

12 IN THE UNITED STATES DISTRICT COURT
13 FOR THE NORTHERN DISTRICT OF CALIFORNIA
14

15

16

17 STATE OF CALIFORNIA; STATE OF COLORADO; STATE OF

Case No.

18 CONNECTICUT; STATE OF DELAWARE; STATE OF HAWAII;

19 STATE OF ILLINOIS; STATE OF MAINE; STATE OF MARYLAND;

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

20 ATTORNEY GENERAL DANA NESSEL ON BEHALF OF THE PEOPLE OF

21 MICHIGAN; STATE OF MINNESOTA; STATE OF NEVADA; STATE OF NEW

22 JERSEY; STATE OF NEW MEXICO; STATE OF NEW YORK; STATE OF

23 OREGON; and COMMONWEALTH OF VIRGINIA;

24 Plaintiffs,

25 v.

26

DONALD J. TRUMP, in his official capacity 27 as President of the United States of America;

28 UNITED STATES OF AMERICA; U.S.

1

Complaint for Declaratory and Injunctive Relief

Case 4:19-cv-00872-HSG Document 1 Filed 02/18/19 Page 2 of 57

1 DEPARTMENT OF DEFENSE; PATRICK

M. SHANAHAN, in his official capacity as 2 Acting Secretary of Defense; MARK T.

3 ESPER, in his official capacity as Secretary of the Army; RICHARD V. SPENCER, in his

4 official capacity as Secretary of the Navy;

HEATHER WILSON, in her official capacity 5 as Secretary of the Air Force; U.S.

6

DEPARTMENT OF THE TREASURY; STEVEN T. MNUCHIN, in his official

7 capacity as Secretary of the Department of the Treasury; U.S. DEPARTMENT OF THE

8 INTERIOR; DAVID BERNHARDT, in his

official capacity as Acting Secretary of the 9 Interior; U.S. DEPARTMENT OF

10

HOMELAND SECURITY; KIRSTJEN M. NIELSEN, in her official capacity as Secretary

11 of Homeland Security;

12

Defendants.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 2

Complaint for Declaratory and Injunctive Relief

Case 4:19-cv-00872-HSG Document 1 Filed 02/18/19 Page 3 of 57

1

INTRODUCTION

2

1. The States of California, Colorado, Connecticut, Delaware, Hawaii, Illinois,

3 Maine, Maryland, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, the

4 Commonwealth of Virginia, and Attorney General Dana Nessel on behalf of the People of

5 Michigan (collectively, “Plaintiff States”), bring this action to protect their residents, natural

6 resources, and economic interests from President Donald J. Trump’s flagrant disregard of

7 fundamental separation of powers principles engrained in the United States Constitution.

8 Contrary to the will of Congress, the President has used the pretext of a manufactured “crisis” of 9 unlawful immigration to declare a national emergency and redirect federal dollars appropriated 10 for drug interdiction, military construction, and law enforcement initiatives toward building a

11 wall on the United States-Mexico border. This includes the diversion of funding that each of the

12 Plaintiff States receive. Defendants must be enjoined from carrying out President Trump’s

13 unconstitutional and unlawful scheme.

14

2. President Trump has veered the country toward a constitutional crisis of his own

15 making. For years, President Trump has repeatedly stated his intention to build a wall across the 16 United States-Mexico border. Congress has repeatedly rebuffed the President’s insistence to fund 17 a border wall, recently resulting in a record 35-day partial government shutdown over the border 18 wall dispute.1 After the government reopened, Congress approved, and the President signed into

19 law, a $1.375 billion appropriation for fencing along the southern border, but Congress made

20 clear that funding could not be used to build President Trump’s proposed border wall.

21

3. After an agreement was reached on the spending bill to prevent another

22 government shutdown, on February 15, 2019, President Trump declared an intention to redirect 23 federal funds toward the construction of a border wall. On the same day, the Administration 24 announced an executive action (“Executive Action,”) to make up to $6.7 billion in additional

25 funding available for construction of the border wall, including through the declaration of a

26 1 References to “border wall” in this Complaint refer to any barrier or border-related
27 infrastructure and/or project relating to the construction of a barrier or border-related infrastructure along the southern border that President Trump has called for and has not been
28 approved by Congress.
3

Complaint for Declaratory and Injunctive Relief

Case 4:19-cv-00872-HSG Document 1 Filed 02/18/19 Page 4 of 57

1 national emergency under the National Emergencies Act (“Emergency Declaration,” combined

2 with the “Executive Action,” the “Executive Actions”).

3

4. Use of those additional federal funds for the construction of a border wall is

4 contrary to Congress’s intent in violation of the U.S. Constitution, including the Presentment

5 Clause and Appropriations Clause. Such use would divert counter-drug programming funds

6 directed to the states, and military construction funds to be spent in the states, for the non-

7 appropriated purpose of constructing a border wall. Even if the Administration could

8 constitutionally redirect funds toward the construction of the border wall, the Administration does

9 not satisfy the criteria in the statutes that it invokes to enable it to do so.

10

5. If the Administration were to use the funding sources identified in the Executive

11 Actions, Plaintiff States collectively stand to lose millions in federal funding that their national

12 guard units receive for domestic drug interdiction and counter-drug activities, and millions of

13 dollars received on an annual basis for law enforcement programs from the Treasury Forfeiture

14 Fund, harming the public safety of Plaintiff States. The redirection of funding from authorized

15 military construction projects located in Plaintiff States will cause damage to their economies.

16 Plaintiff States will face harm to their proprietary interests by the diversion of funding from

17 military construction projects for the States’ national guard units. And the construction of a wall

18 along California’s and New Mexico’s southern borders will cause irreparable environmental

19 damage to those States’ natural resources.

20

6. There is also no objective basis for President Trump’s Emergency Declaration. By

21 the President’s own admission, an emergency declaration is not necessary. The federal

22 government’s own data prove there is no national emergency at the southern border that warrants

23 construction of a wall. Customs and Border Protection (“CBP”) data show that unlawful entries

24 are near 45-year lows. The State Department recognizes there is a lack of credible evidence that

25 terrorists are using the southern border to enter the United States. Federal data confirm that

26 immigrants are less likely to commit crimes than are native-born Americans. CBP data

27 demonstrate that dangerous drugs are much more likely to be smuggled through, not between,

28 4

Complaint for Declaratory and Injunctive Relief

Case 4:19-cv-00872-HSG Document 1 Filed 02/18/19 Page 5 of 57

1 official ports of entry—rendering a border wall ineffectual at preventing their entry into this

2 country.

3

7. Notwithstanding the illegality of and wholesale lack of necessity for the

4 Emergency Declaration, the Trump Administration has expressed its intent to move quickly with

5 the construction of the border wall. A senior advisor to the White House reportedly said the

6 Administration will proceed with construction at a speed that will “shock” people. The thwarting

7 of congressional intent to fund a vanity project that not only will fail to safeguard national

8 security, but is positioned to cause significant harm to the public safety, public fisc, environment,

9 and well-being of Plaintiff States’ residents, cries out for judicial intervention.

10

8. For these reasons, and those discussed below, the Court should declare that the

11 Executive Actions directing the diversion of federal funds and other resources for border wall

12 construction are unlawful and unconstitutional, and enjoin Defendants from taking any action in

13 furtherance of President Trump’s Executive Actions.

14

JURISDICTION, VENUE, AND INTRADISTRICT ASSIGNMENT

15

9. This Court has jurisdiction because this action arises under the United States

16 Constitution and the laws of the United States. This Court also has jurisdiction under 28 U.S.C.

17 sections 1331 and 2201.

18

10. An actual, present, and justiciable controversy exists between the parties within the

19 meaning of 28 U.S.C. section 2201(a), and this Court has authority to grant declaratory and

20 injunctive relief under 28 U.S.C. sections 2201 and 2202.

21

11. Venue is proper in this judicial district under 28 U.S.C. section 1391(e) because

22 the California Attorney General and the State of California have offices at 455 Golden Gate

23 Avenue, San Francisco, California and at 1515 Clay Street, Oakland, California, and therefore

24 reside in this district, and no real property is involved in this action. This is a civil action in

25 which Defendants are agencies of the United States or officers of such an agency.

26

12. Assignment to the San Francisco Division of this District is proper pursuant to

27 Civil Local Rule 3-2(c)-(d) and 3-5(b) because Plaintiff State of California and Defendant United

28 States both maintain offices in the District in San Francisco. 5

Complaint for Declaratory and Injunctive Relief

Case 4:19-cv-00872-HSG Document 1 Filed 02/18/19 Page 6 of 57

1

PARTIES

2

PLAINTIFF STATE OF CALIFORNIA

3

13. The State of California, represented by and through its Attorney General, is a

4 sovereign state of the United States of America.

5

14. Attorney General Xavier Becerra is the chief law officer of the State of California

6 and has the authority to file civil actions to protect California’s rights and interests, the

7 environment, and the natural resources of this State. Cal. Const., art. V, § 13; Cal. Gov’t Code

8 §§ 12511, 12600-12. This challenge is brought pursuant to the Attorney General’s independent

9 constitutional, common law, and statutory authority.

10

15. Governor Gavin Newsom is the chief executive officer of the State. The Governor

11 is responsible for overseeing the operations of the State and ensuring that its laws are faithfully

12 executed. As the leader of the executive branch, the Governor is the chief of California’s

13 executive branch agencies, including those whose injuries are discussed in this Complaint. Cal.

14 Const., art. V, § 1. Governor Newsom is the Commander-in-Chief of the California National

15 Guard. Cal. Const., art. V, § 7; Cal. Mil. & Vet. Code § 550 et seq.

16

16. California, as one of several affected states located within President Trump’s

17 declared “national emergency” southern border area, has an interest in ensuring public safety

18 within its borders and protecting its economic interests and the rights of its residents. California 19 shares over 140 miles of its southern border with Mexico.2 The orderly flow of goods and people

20 across the border is a critical element in California’s success as the fifth-largest economy in the

21 world.

22

17. California is aggrieved by the actions of Defendants and has standing to bring this

23 action because of the injury due to the loss of federal drug interdiction, counter-narcotic, and law-

24 enforcement funding to the State caused by Defendants’ diversion of funding.

25

18. The threat of losing funding to conduct drug interdiction and counter-narcotic

26 activity prevents California from moving forward with critical criminal narcotics programs and

27 2 Janice Cheryl Beaver, U.S. International Borders: Brief Facts, Cong. Res. Serv. (Nov. 9,
28 2006), https://tinyurl.com/y49jq9vv.
6

Complaint for Declaratory and Injunctive Relief

Case 4:19-cv-00872-HSG Document 1 Filed 02/18/19 Page 7 of 57

1 threatens the public safety of all Californians. The diversion of funding from the Treasury

2 Forfeiture Fund will harm public safety by impacting critically necessary funding for law

3 enforcement officers and their agencies.

4

19. California is aggrieved by the actions of Defendants and has standing to bring this

5 action because of the injury to the State and its residents caused by Defendants’ reduction of

6 federal defense spending in California due to diversion of funding to the border wall.

7

20. California has an interest in protecting the economic health and well-being of its

8 residents. Alfred L. Snapp & Son, Inc. v. Puerto Rico ex rel. Barez, 458 U.S. 592, 607 (1982).

9

21. California has an interest in preventing the diminution of specific tax revenues

10 caused by reduced construction on California military installations and the corresponding

11 reduction in economic activity. Wyoming v. Oklahoma, 502 U.S. 437, 448-50 (1992).

12

22. California has an interest in its exercise of sovereign power over individuals and

13 entities within the State, including enforcement of its legal code. Snapp, 458 U.S. at 601; Hawaii

14 v. Trump, 859 F.3d 741, 765 (9th Cir. 2017), rev’d on other grounds, 138 S. Ct. 2392 (2018).

15

23. The diversion of military construction funding for projects supporting or used by

16 California’s National Guard units harms the State.

17

24. The diversion of military construction funding from projects in California will

18 harm California’s economy.

19

25. The State would suffer economic harm from diversion of funding from military

20 construction projects on California bases. More defense contractor funding is spent in California

21 than in any other state, and such funding generates significant state and local tax revenues,

22 employment, and economic activity.

23

26. California has an interest in the natural resources of this State—such as wildlife,

24 fish, and water—that are held in trust by the State for its residents. Sierra Forest Legacy v.

25 Sherman, 646 F.3d 1161, 1178 (9th Cir. 2011).

26

27. In the areas of California’s borderlands where construction of a border wall is most

27 likely, dozens of sensitive plant and animal species that are listed as “endangered,” “threatened,”

28 or “rare” will be seriously at risk. 7

Complaint for Declaratory and Injunctive Relief

Case 4:19-cv-00872-HSG Document 1 Filed 02/18/19 Page 8 of 57

1

28. Defendants’ diversion of funding to construct a wall along the southern border will

2 create environmental harm and deprive California of its procedural right to protect its public trust

3 resources.

4

29. Defendants’ unconstitutional actions undermine California’s sovereignty and harm

5 the State through their effects on California residents, businesses, and the environment.

6

PLAINTIFF STATE OF COLORADO

7

30. The State of Colorado is a sovereign state of the United States of America.

8

31. The State of Colorado brings this action by and through its Attorney General,

9 Philip J. Weiser. The Attorney General has authority to represent the State, its departments, and

10 its agencies, and “shall appear for the state and prosecute and defend all actions and proceedings,

11 civil and criminal, in which the state is a party.” Colo. Rev. Stat. § 24-31-101.

12

32. The State of Colorado will suffer injury because of the actions of Defendants and

13 has standing to bring this action for at least two reasons.

14

33. First, Defendants intend to fund the wall using money from the Pentagon’s drug

15 interdiction program, which will likely impact funding to Colorado and affect Colorado’s ability

16 to address drugs illegal under state law in Colorado.

17

34. Second, Colorado is home to many major military bases, including the Air Force

18 Academy, Buckley Air Force Base, Cheyenne Mountain Air Force Base, Peterson Air Force

19 Base, Schriever Air Force Base, and Fort Carson Army Base. These military bases play a critical

20 role in our nation’s defense and to the economy of the State of Colorado. The use of funding for

21 a southern border wall rather than for necessary maintenance and repairs to these military bases

22 harms Colorado and its economy.

23

PLAINTIFF STATE OF CONNECTICUT

24

35. The State of Connecticut, represented by and through its Attorney General, is a

25 sovereign state of the United States of America.

26

36. Attorney General William Tong is the chief legal officer of the State of

27 Connecticut and has the authority to file civil actions to protect Connecticut’s rights and interests.

28 Conn. Const., art. IV, § 4; Conn. Gen. Stat. §§ 3-124 et seq. This challenge is brought pursuant to 8

Complaint for Declaratory and Injunctive Relief

Case 4:19-cv-00872-HSG Document 1 Filed 02/18/19 Page 9 of 57

1 the Attorney General’s authority and responsibility to protect Connecticut’s sovereign, quasi-

2 sovereign, and proprietary interests.

3

37. Governor Ned Lamont is the chief executive officer of the State. The Governor is

4 responsible for overseeing the operations of the State and ensuring that its laws are faithfully

5 executed. As the leader of the executive branch, the Governor is the chief of Connecticut’s

6 executive branch agencies, including those whose injuries are discussed in this Complaint. Conn.

7 Const. art IV, § 5.

8

38. On information and belief, Connecticut is aggrieved by the actions of Defendants

9 and has standing to bring this action because of the injury caused by Defendants’ unlawful and

10 unconstitutional diversion of funding from military construction projects in Connecticut to

11 construction of a border wall in Texas, Arizona, New Mexico, and California. Defendants’

12 actions will hurt Connecticut’s economy and, by damaging the State’s critical security

13 infrastructure, threaten the safety of Connecticut’s National Guard and of all Connecticut

14 residents.

15

39. Further, on information and belief, Defendants’ diversion of funding aimed at drug

16 interdiction and counter-narcotic activity threatens to hurt the State’s law enforcement agencies

17 and compromise the public safety of all Connecticut residents.

18

PLAINTIFF STATE OF DELAWARE

19

40. The State of Delaware, represented by and through its Attorney General, is a

20 sovereign state of the United States of America.

21

41. Attorney General Kathleen Jennings is the chief legal officer of the State of

22 Delaware and has the authority to file civil actions to protect Delaware’s rights and the rights of

23 Delaware citizens. 29 Del. C. § 2504. The Attorney General’s powers and duties include

24 litigating matters in our nation’s federal courts on matters of public interest. The Attorney

25 General has the authority to file suit to challenge action by the federal government that threatens

26 the public interest and welfare of Delaware residents as a matter of constitutional, statutory, and

27 common law authority.

28 9

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1

42. Governor John Carney is the chief executive officer of the State of Delaware. The

2 Governor is responsible for overseeing the operations of the State of Delaware and is required to

3 take care that Delaware’s laws be faithfully executed. Del. Const., Art. III, §§ 1, 8.

4

43. Delaware is aggrieved by the actions of Defendants and has standing to bring this

5 action because of the injury due to loss of federal funding to the State of Delaware caused by

6 Defendants’ unconstitutional and unlawful diversion of funding discussed herein.

7

44. The diversion of funding from Delaware’s National Guard, Dover Air Force Base,

8 and any other military construction project, drug interdiction, or other law enforcement program

9 in Delaware will harm Delaware residents by depleting Delaware’s economy and draining

10 Delaware of needed law enforcement resources. Defense spending, including military

11 construction projects and other planned or unplanned capital improvement projects, impacts

12 Delaware’s economy and any resulting loss of funds would negatively impact Delaware’s Gross

13 Domestic Product, the economic interests, and tax revenues of the State of Delaware.

14

45. Defendants’ unlawful and unconstitutional diversion of funds away from projects

15 authorized and appropriated for disbursement and use within the State of Delaware will cause it

16 injury in fact, which is fairly traceable to Defendants’ conduct as set forth herein.

17

PLAINTIFF STATE OF HAWAII

18

46. The State of Hawaii, represented by and through its Attorney General, is a

19 sovereign state of the United States of America.

20

47. Attorney General Clare E. Connors is the chief legal officer of the State of Hawaii

21 and has authority to appear, personally or by deputy, for the State of Hawaii in all courts, criminal

22 or civil, in which the State may be a party or be interested. Haw. Rev. Stat. § 28-1 (2009). The

23 Department of the Attorney General has the authority to represent the State in all civil actions in

24 which the State is a party. Id. § 26-7. This challenge is brought pursuant to the Attorney

25 General’s constitutional, statutory, and common law authority. See Haw. Const. art. V, § 6; Haw.

26 Rev. Stat. Chapter 28; Haw. Rev. Stat. § 26-7.

27

48. Hawaii is aggrieved by the actions of Defendants and has standing to bring this

28 action because of the injury due to the loss of federal funding to the State caused by Defendants’ 10

Complaint for Declaratory and Injunctive Relief

Case 4:19-cv-00872-HSG Document 1 Filed 02/18/19 Page 11 of 57

1 diversion of funding. The loss of funding to conduct drug interdiction and counter-narcotic

2 activity threatens the public safety of all Hawaii residents.

3

49. The diversion of funding from military construction projects and drug interdiction

4 programs in Hawaii will harm Hawaii residents by depleting Hawaii’s economy and draining

5 Hawaii of needed law enforcement resources. Defense spending, which would include military

6 construction projects, is the second largest segment of Hawaii’s economy and represents a

7 significant portion of the State’s Gross Domestic Product. On information and belief, Hawaii is

8 at risk of losing in excess of $300 million in military construction funds.

9

PLAINTIFF STATE OF ILLINOIS

10

50. The State of Illinois is a sovereign state of the United States of America.

11

51. This action is being brought on behalf of the State by Attorney General Kwame

12 Raoul, the State’s chief legal officer. See Ill. Const., Art. 5, § 15; 15 Ill. Comp. Stat. 205/4.

13

52. J. B. Pritzker is the governor of Illinois, and under Illinois law has the “supreme

14 executive power” and the duty to ensure “the faithful execution of the laws.” Ill. Const., Art. V, §

15 8.

16

53. On information and belief, Illinois is aggrieved by the actions of Defendants and

17 has standing to bring this action because of the injury due to the loss of federal funding to the

18 State caused by Defendants’ diversion of funding. The loss of funding to conduct drug

19 interdiction and counter-narcotics activity threatens the public safety of all Illinois residents.

20

54. On information and belief, Illinois is also aggrieved by the actions of Defendants

21 and has standing to bring this action because of the injury due to the loss of federal funding

22 resulting from the diversion of military construction projects from Illinois to the construction of a

23 border wall on the nation’s southern border.

24

55. In filing this action, the Attorney General seeks to protect the residents and

25 agencies of Illinois from harm caused by Defendants’ illegal conduct, prevent further harm, and

26 seek redress for the injuries caused to Illinois by Defendants’ actions. Those injuries include

27 harm to Illinois’s sovereign, quasi-sovereign, and proprietary interests.

28 11

Complaint for Declaratory and Injunctive Relief

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1

PLAINTIFF STATE OF MAINE

2

56. The State of Maine, represented by and through its Attorney General, is a

3 sovereign state of United States of America.

4

57. The Attorney General of Maine, Aaron M. Frey, is a constitutional officer with the

5 authority to represent the State of Maine in all matters, and serves as its chief legal officer with

6 general charge, supervision, and direction of the State’s legal business. Me. Const. art. IX, Sec.

7 11; 5 M.R.S., §§ 191 et seq. The Attorney General’s powers and duties include acting on behalf

8 of the State and the people of Maine in the federal courts on matters of public interest. The

9 Attorney General has the authority to file suit to challenge action by the federal government that

10 threatens the public interest and welfare of Maine residents as a matter of constitutional, statutory,

11 and common law authority.

12

58. The Governor of Maine, Janet T. Mills, is the chief executive officer of the State.

13 The Governor is responsible for overseeing the operations of the State and ensuring that its laws

14 are faithfully executed. As the leader of the executive branch, the Governor is the chief of

15 Maine’s executive branch agencies, including those whose injuries are discussed in this

16 Complaint. Me. Const. art V, § 1. Governor Mills is the Commander-in-Chief of the Maine

17 National Guard. 37-B M.R.S. §§ 103 et seq.

18

59. Maine is aggrieved by the actions of Defendants and has standing to bring this

19 action because of the injury due to the loss of federal funding to the State caused by Defendants’

20 diversion of funding.

21

60. Maine is aggrieved by the actions of Defendants and has standing to bring this

22 action because of the injury to the State and its residents caused by Defendants’ reduction of

23 federal defense spending in Maine due to diversion of funding to the border wall.

24

61. Maine has an interest in protecting the health, safety, and well being of its

25 residents, including protecting its residents from harms to their economic health.

26

62. Maine has an interest in the State’s economic vitality and workforce.

27

63. Maine has an interest in preventing diminution of its tax revenues.

28

64. The diversion of military construction funding from authorized projects in Maine

12

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1 will harm Maine’s economy.

2

65. The State would suffer economic harm from diversion of funding from authorized

3 military construction projects in Maine.

4

PLAINTIFF STATE OF MARYLAND

5

66. The State of Maryland is a sovereign state of the United States of America.

6 Maryland is represented by and through its chief legal officer, the Attorney General of Maryland

7 Brian E. Frosh. Under the Constitution of Maryland, and as directed by the Maryland General

8 Assembly, the Attorney General has the authority to file suit to challenge action by the federal

9 government that threatens the public interest and welfare of Maryland residents. Md. Const. art.

10 V, § 3(a)(2); 2017 Md. Laws, J. Res. 1.

11

67. Maryland is aggrieved by the actions of Defendants and has standing to bring this

12 action due to the loss of federal funding to the State caused by Defendants’ diversion of federal

13 funds. The loss of funding to conduct drug interdiction and counter-narcotic activity would

14 threaten the public safety of all Marylanders.

15

68. Maryland is also aggrieved by the actions of Defendants and has standing to bring

16 this action because of the injury due to the diversion of funding for military construction projects.

17 On information and belief, Maryland stands to lose up to $513 million in military construction

18 funding for currently planned projects at Fort Meade and Joint Base Andrews.

19

PLAINTIFF ATTORNEY GENERAL DANA NESSEL ON BEHALF

20

OF THE PEOPLE OF MICHIGAN

21

69. The People of Michigan are the sovereign of one of the states of the United States

22 and are represented by and through the Attorney General Dana Nessel.

23

70. Attorney General Dana Nessel is the chief legal officer of the State of Michigan

24 and her powers and duties include acting in federal court in matters of concern to the People of

25 Michigan, to protect Michigan residents. Fieger v. Cox, 734 N.W.2d 602, 604 (Mich. Ct. App.

26 2007); Mich. Comp. Laws §§ 14.28, 14.101. This action is brought to protect the interests of the

27 People of Michigan.

28

71. The Michigan National Guard has over 10,000 soldiers and airmen, employs a

13

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1 substantial number of employees on a full-time basis, and operates over 40 facilities in the state.

2 The Michigan Department of Military and Veterans Affairs receives a majority of its funding

3 from the federal government. On information and belief, it performs missions training and

4 prepares citizen soldiers and airmen to respond to, among other things, state emergencies,

5 military support, and protection of local communities. Loss of funding negatively impacts this

6 vital service for the People of Michigan.

7

PLAINTIFF STATE OF MINNESOTA

8

72. The State of Minnesota, represented by and through its Attorney General, is a

9 sovereign state of the United States of America.

10

73. Attorney General Keith Ellison is the chief legal officer of the State of Minnesota

11 and his powers and duties include acting in federal court in matters of State concern and to protect

12 Minnesota residents. Minn. Stat. § 8.01. This action is brought to protect Minnesota’s sovereign,

13 quasi-sovereign, and proprietary interests.

14

74. Governor Tim Walz is the chief executive officer of the State of Minnesota,

15 custodian of state property and federal funds made available to the State, and the Commander-in-

16 Chief of the state military. Minn. Const., art. V, § 3; Minn. Stat. §§ 4.01 & .07. As the chief

17 executive officer and Commander-in-Chief of the State of Minnesota, Governor Walz leads

18 executive branch agencies injured by the actions described in this Complaint.

19

75. The Minnesota National Guard has over 13,000 soldiers and airmen, employs

20 more than 2,000 people on a full-time basis, and operates over 60 facilities in the state. The

21 Minnesota National Guard receives more than 96% of its funding from the federal government. It

22 performs missions training and prepares citizen soldiers and airmen to respond to, among other

23 things, the Governor of Minnesota for state emergency response, military support, and protection

24 of local communities. Loss of funding negatively impacts this vital service for the State of

25 Minnesota.

26

76. For example, diverting federal funding for the Minnesota National Guard’s

27 counterdrug programs and domestic drug interdiction activities to construct a wall along the

28 United States-Mexico border would harm Minnesota’s law enforcement agencies and 14

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1 compromise the health and safety of Minnesota residents.

2

77. In addition, diverting federal funding from necessary military construction projects

3 in Minnesota, including National Guard projects, to construct a wall along the United States-

4 Mexico border would also harm Minnesota, its economy, and its residents.

5

PLAINTIFF STATE OF NEW JERSEY

6

78. The State of New Jersey is a sovereign state of the United States of America.

7

79. This action is being brought on behalf of the State by Attorney General Gurbir S.

8 Grewal, the State’s chief legal officer. See N.J. Stat. Ann. § 52:17A-4(e), (g).

9

80. New Jersey is aggrieved by the actions of Defendants and has standing to bring

10 this action because of the injury due to the loss of federal funding to the State caused by

11 Defendants’ diversion of funding. The loss of funding to conduct drug interdiction and counter-

12 narcotic activity threatens the public safety of all New Jersey residents.

13

81. New Jersey is also aggrieved by the actions of Defendants and has standing to

14 bring this action because of the injury due to the loss of federal funding resulting from the

15 diversion of military construction projects from New Jersey to the construction of a border wall

16 on the nation’s southern border.

17

82. In filing this action, the Attorney General seeks to protect the residents and

18 agencies of New Jersey from harm caused by Defendants’ illegal conduct, prevent further harm,

19 and seek redress for the injuries caused to New Jersey by Defendants’ actions. Those injuries

20 include harm to New Jersey’s sovereign, quasi-sovereign, and proprietary interests.

21

PLAINTIFF STATE OF NEW MEXICO

22

83. The State of New Mexico, represented by and through its Attorney General, is a

23 sovereign state of the United States of America.

24

84. Attorney General Hector Balderas is the chief legal officer of the State of New

25 Mexico. He is authorized to prosecute all actions and proceedings on behalf of New Mexico

26 when, in his judgment, the interest of the State requires such action. N.M. Stat. Ann. § 8-5-2(B).

27 This challenge is brought pursuant to Attorney General Balderas’s statutory and common law

28 authority. 15

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1

85. Governor Michelle Lujan Grisham possesses the “supreme executive power” of

2 the State of New Mexico. N.M. Const., art. V, § 4. She has the responsibility to execute the laws

3 of the State and preserve the public peace. Id. She also has the authority to oversee the State’s

4 agencies that will be affected by Defendants’ actions. N.M. Const., art. V, § 5.

5

86. New Mexico is aggrieved by Defendants’ actions and has standing to bring this

6 lawsuit. Defendants’ diversion of federal funding to conduct drug-interdiction and counter-

7 narcotics efforts threatens the safety and health of all New Mexicans.

8

87. New Mexico will also be harmed by Defendants’ diversion of military

9 construction funding. Some $85 million of this funding currently is allocated to construct a MQ-

10 9 Formal Training Unit at Holloman Air Force Base in Otero County, New Mexico.3 Another

11 $40 million is allocated to White Sands Missile Range in New Mexico to build an information

12 systems facility.4 The loss of these projects would harm New Mexico’s economy, particularly in

13 the communities surrounding these military installations.

14

88. New Mexico shares over 179 miles of its southern border with Mexico.5

15

89. If Defendants use the diverted funding to construct any of their border wall in New

16 Mexico, it will also impose environmental harm to the State. The environmental damage caused

17 by a border wall in New Mexico would include the blocking of wildlife migration, flooding, and

18 habitat loss.6 Further, this border wall would be constructed on state land, taking the State’s

19 sovereign property.7

20

PLAINTIFF STATE OF NEVADA

21

90. The State of Nevada, represented by and through its Attorney General, is a

22

23

3 Alamogordo Daily News, Holloman Getting $85M for Construction Project (Feb. 3,

2018), https://tinyurl.com/y5u7vx4k.

24

4 Miriam U. Rodriguez, WSMR to Build State of the Art Information Systems Facility,

U.S. Army (Jan. 10, 2018), https://tinyurl.com/y3yr24yr.

25

5 U.S. International Borders, supra note 2.

6 See Robert Peters et al., Nature Divided, Scientists United: US–Mexico Border Wall

26 Threatens Biodiversity and Binational Conservation, 68 BioScience 740, 743 (Oct. 2018), https://tinyurl.com/y3t4ymfn.

27

7 See Deming Headlight, N.M. Land Commish Aubrey Dunn Rejects Settlement Offer from

CBP, (Aug. 17, 2018), https://tinyurl.com/y557wpcb. 28

16

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1 sovereign state of the United States of America.

2

91. Attorney General Aaron D. Ford is the chief legal officer of the State of Nevada

3 and has the authority to commence actions in federal court to protect the interests of the State.

4 Nev. Rev. Stat. 228.170.

5

92. Governor Stephen F. Sisolak is the chief executive officer of the State of Nevada.

6 The Governor is responsible for overseeing the operations of the State and ensuring that its laws

7 are faithfully executed. Nev. Const., art. 5, § 1. Governor Sisolak is the Commander-in-Chief of

8 the Nevada state military forces. Nev. Const., art. 5, § 5.

9

93. On information and belief, Nevada is aggrieved by the actions of Defendants and

10 has standing to bring this action because of the injury to the State and its residents caused by the

11 reduction of federal funding to the State due to Defendants’ diversion of funding to a southern

12 border wall.

13

94. Any diversion of military construction funding from Nevada will harm the State’s

14 economy. Nevada is home to several military bases, including Nellis Air Force Base, Creech Air

15 Force Base, Hawthorne Army Depot Base, and Naval Air Station Fallon. These military bases

16 play a critical role in our nation’s defense and to the State’s economy. The use of funding for a

17 southern border wall rather than for necessary expenses at these military bases harms Nevada and

18 its economy.

19

95. Any diversion of federal counter-narcotic funding from Nevada will harm the

20 State. The use of funding for a southern border wall rather than to conduct drug interdiction and

21 counter-narcotic activity in the State threatens the public safety of all Nevadans.

22

96. Defendants’ unconstitutional actions undermine Nevada’s sovereignty and harm

23 the State through their effects on Nevada’s residents and its economy.

24

PLAINTIFF STATE OF NEW YORK

25

97. The State of New York, represented by and through its Attorney General, is a

26 sovereign state of the United States of America. The Attorney General is New York State’s chief

27 law enforcement officer and is authorized to pursue this action pursuant to N.Y. Executive Law

28 § 63. 17

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1

98. Upon information and belief, New York is aggrieved by the actions of Defendants

2 and has standing to bring this action because of the injury due to the loss of federal funding to the

3 State caused by Defendants’ diversion of federal funds. The loss of funding to conduct drug

4 interdiction and counter-narcotic activity would injure the State’s law enforcement agencies and

5 threaten the public safety of all New Yorkers.

6

99. Upon information and belief, Defendants’ unlawful diversion of funding from

7 military construction projects in New York to construction of a border wall will injure New

8 York’s economy and, by damaging the State’s critical security infrastructure, threaten the safety

9 of New York’s National Guard and of all New York residents.

10

PLAINTIFF STATE OF OREGON

11

100. Plaintiff State of Oregon, acting through its Attorney General, Ellen Rosenblum, is

12 a sovereign state in the United States of America.

13

101. Attorney General Rosenblum is the chief law officer of Oregon and is empowered

14 to bring this action on behalf of the State of Oregon and the affected state agencies under ORS

15 160.060, ORS 180.210, and ORS 180.220.

16

102. On information and belief, Oregon is aggrieved by the actions of Defendants and

17 has standing to bring this action because of the injury due to the loss of federal funding to the

18 State caused by Defendants’ diversion of federal funds. The loss of funding to conduct drug

19 interdiction and counter-narcotic activity, including funding that supports Oregon’s work in this

20 area with other States, would threaten the public safety of all Oregonians.

21

103. On information and belief, the diversion of military construction funds will harm

22 Oregon. Defendants’ diversion of funding from military construction projects in Oregon to

23 construction of a border wall in Texas, New Mexico, Arizona, and California would impact

24 Oregon’s economy. In particular and without limitation, any diversion of funds from U.S. Army

25 Corps of Engineers projects in Oregon would harm Oregon’s environment and could cause

26 flooding and other dangers to the health and safety of Oregonians.

27

PLAINTIFF COMMONWEALTH OF VIRGINIA

28

104. The Commonwealth of Virginia is a sovereign state of the United States of

18

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1 America.

2

105. The Commonwealth of Virginia brings this action by and through its Attorney

3 General, Mark R. Herring. The Attorney General has authority to represent the Commonwealth,

4 its departments, and its agencies in “all civil litigation in which any of them are interested.” Va.

5 Code Ann. § 2.2-507(A).

6

106. On information and belief, the diversion of over 16% of the available military

7 construction funding harms the Commonwealth of Virginia and provides a basis for standing.

8 The Commonwealth is home to several military bases, encompassing each branch of service. The

9 use of funding for a southern border wall rather than for necessary maintenance and repairs to

10 Virginia’s military bases harms the Commonwealth’s economy and the safety of Virginia’s

11 service members. Specifically, Virginia stands to lose up to $131.7 million in military

12 construction funding for currently planned projects at Dam Neck, Fort A.P. Hill, Fort Belvoir,

13 Humphreys Engineer Center, Joint Base Langley-Eustis, and the Pentagon.

14

107. On information and belief, the Commonwealth of Virginia would likewise be

15 aggrieved if President Trump diverts federal drug interdiction and prevention funding from the

16 states to the southern border wall. This loss of funding—to the tune of approximately $3 million

17 in Virginia—to implement counter-narcotics and drug interdiction measures would threaten the

18 public safety of all Virginians.

19

DEFENDANTS

20

108. Defendant Donald J. Trump, the President of the United States of America, is

21 responsible for the actions and decisions that are being challenged by Plaintiffs in this action and

22 is sued in his official capacity.

23

109. Defendant United States of America is responsible for enforcing laws that are

24 consistent with the United States Constitution.

25

110. Defendant Department of Defense (“DOD”) is the federal agency to which

26 Congress has appropriated the military construction and drug interdiction funding implicated by

27 the President’s Executive Actions.

28

111. Defendant Patrick M. Shanahan, acting Secretary of Defense, oversees the DOD

19

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1 and is responsible for the actions and decisions that are being challenged by Plaintiffs in this

2 action. Defendant Shanahan is sued in his official capacity.

3

112. Defendant Mark T. Esper, Secretary of the Army, oversees the United States Army

4 within DOD, and is responsible for the actions and decisions that are being challenged by

5 Plaintiffs in this action. Defendant Esper is sued in his official capacity.

6

113. Defendant Richard V. Spencer, Secretary of the Navy, oversees the United States

7 Navy within DOD, and is responsible for the actions and decisions that are being challenged by

8 Plaintiffs in this action. Defendant Spencer is sued in his official capacity.

9

114. Defendant Heather A. Wilson, Secretary of the Air Force, oversees the United

10 States Air Force within DOD, and is responsible for the actions and decisions that are being

11 challenged by Plaintiffs in this action. Defendant Wilson is sued in her official capacity.

12

115. Defendant Department of the Treasury (the “Treasury”) is the federal agency

13 responsible for the Treasury Forfeiture Fund that is implicated by the President’s Executive

14 Actions.

15

116. Defendant Steven T. Mnuchin, Secretary of the Treasury, oversees the Treasury

16 and is responsible for the actions and decisions that are being challenged by Plaintiffs in this

17 action. Defendant Mnuchin is sued in his official capacity.

18

117. Defendant Department of Homeland Security (“DHS”) is the federal agency

19 responsible for providing border security along the United States-Mexico border in a manner that

20 is consistent with the laws and Constitution of the United States.

21

118. Defendant Kirstjen M. Nielsen, Secretary of DHS, oversees DHS and is

22 responsible for the actions and decisions that are being challenged by Plaintiffs in this action.

23 Defendant Nielsen is sued in her official capacity.

24

119. Defendant Department of the Interior (“DOI”) is the federal agency responsible for

25 managing federal lands.

26

120. Defendant David Bernhardt, acting Secretary of the Interior, oversees the

27 Department of the Interior, and is responsible for the actions that are being challenged by

28 Plaintiffs in this action. Defendant Bernhardt is sued in his official capacity. 20

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1

FACTUAL ALLEGATIONS

2 I. 3

PRESIDENT TRUMP HAS LONG CLAIMED THAT A “CRISIS” AT THE BORDER REQUIRES BUILDING A BORDER WALL, BUT HAS NOT DECLARED A NATIONAL EMERGENCY UNTIL NOW

4

121. Dating back to at least August 2014, President Trump has advocated for a wall

5 along the southern border.8

6

122. In his speech announcing his candidacy for President in June 2015, President

7 Trump claimed that a border wall is needed to stop a tide of illegal immigration, and that he 8 would build it as President and have Mexico pay for the wall.9 In the same speech, he also stated, 9 “When Mexico sends its people, they’re not sending their best . . . They’re bringing drugs. 10 They’re bringing crime. They’re rapists.” This claim and his promise to build a wall and have

11 Mexico pay for it became a consistent theme of his campaign.

12

123. President Trump repeatedly stated that the border wall he planned to build would

13 help prevent terrorism, crime, and drug smuggling. For example, on October 4, 2014, President

14 Trump tweeted, “The fight against ISIS starts at our border. ‘At least’ 10 ISIS have been caught 15 crossing the Mexico border. Build a wall!”10 More recently, on February 3, 2019, President 16 Trump tweeted, “If there is no Wall, there is no Security. Human Trafficking, Drugs and 17 Criminals of all dimensions - KEEP OUT!”.11

18

124. On July 13, 2016, President Trump tweeted, “We will build the wall and MAKE

19 AMERICA SAFE AGAIN!”12

20

125. On August 27, 2016, President Trump tweeted that “[h]eroin overdoses are taking

21 over our children and others in the MIDWEST. Coming in from our southern border. We need 22 strong border & WALL!”13

23

8 Donald J. Trump (@realDonaldTrump), Twitter (Aug. 5, 2014, 1:34 PM),

https://tinyurl.com/yydre3ep.

24

9 Time, Here’s Donald Trump’s Presidential Announcement Speech (June 16, 2015),

25

https://tinyurl.com/qzk4wrv. 10 Donald J. Trump (@realDonaldTrump), Twitter (Oct. 8 2014, 2:26 PM),

26 https://tinyurl.com/yxntlamo. 11 Id. (Feb. 3, 2019, 2:03 PM), https://tinyurl.com/yywmw9yx.

27

12 Id. (Jul. 13, 2016, 2:56 PM), https://tinyurl.com/gm8yty6.

13 Id. (Aug. 27, 2016, 7:17 AM), https://tinyurl.com/y3f6bp9s. 28

21

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1

126. In a speech shortly before the 2016 presidential election, President Trump stated

2 that “[o]n day one [of his Administration], we will begin working on an impenetrable, physical,

3 tall, power [sic], beautiful southern border wall” to “help stop the crisis of illegal crossings” and

4 “stop the drugs and the crime from pouring into our country.”14

5

127. As President, President Trump has continued to repeatedly mention the need for

6 the border wall and his intention to build it.

7

128. On January 27, 2017, President Trump discussed his proposed border wall with

8 Mexico’s then-President Enrique Peña Nieto, in which he reportedly pressured Mexico to pay for

9 the border wall and stated that he “[has] been talking about it for a two-year period.”15

10

129. On February 28, 2017, President Trump delivered an address to a joint session of

11 Congress in which he stated that in order to “restore integrity and the rule of law at our

12 borders . . . we will soon begin the construction of a great, great wall along our southern

13 border.”16

14

130. Additional statements by President Trump regarding the border wall include a

15 campaign rally speech on August 22, 2017 (“[W]e are building a wall on the southern border

16 which is absolutely necessary.”),17 and tweets on January 26, 2017 (“badly needed wall”),18

17 February 23, 2018 (“MS-13 gang members are being removed by our Great ICE and Border

18 Patrol Agents by the thousands, but these killers come back in from El Salvador, and through

19 Mexico, like water. . . . We need The Wall!”),19 June 21, 2018 (“We shouldn’t be hiring judges by

20 the thousands, as our ridiculous immigration laws demand, we should be changing our laws,

21

22

14 New York Times, Transcript of Donald Trump’s Immigration Speech (Sept. 1, 2016),

https://tinyurl.com/yalom4hl.

23

15 Greg Miller, Trump Urged Mexican President to End His Public Defiance on Border

Wall, Transcript Reveals, Wash. Post (Aug. 3, 2017), https://tinyurl.com/y3gqdf2m.

24

16 White House, Remarks by President Trump in Joint Address to Congress (Feb. 28,

25

2017), https://tinyurl.com/y4kvpj7n. 17 Time, President Trump Ranted for 77 Minutes in Phoenix. Here’s What He Said (Aug.

26 23, 2017), https://tinyurl.com/ycxt2woc. 18 Donald J. Trump (@realDonaldTrump), Twitter (Jan. 26, 2017, 5:55 AM),

27 https://tinyurl.com/zm26eaf. 19 Id. (Feb. 23, 2018, 3:28 AM), https://tinyurl.com/y9xypa55.
28

22

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1 building the Wall, hire Border Agents and Ice [sic] and not let people come into our country

2 based on the legal phrase they are told to say as their password.”),20 December 19, 2018

3 (“Because of the tremendous dangers at the Border, including large scale criminal and drug

4 inflow, the United States Military will build the Wall!”),21 and December 31, 2018 (“I

5 campaigned on Border Security, which you cannot have without a strong and powerful Wall. Our

6 Southern Border has long been an ‘Open Wound,’ where drugs, criminals (including human

7 traffickers) and illegals would pour into our Country. Dems should get back here an [sic] fix

8 now!”).22

9

131. The salient facts regarding the ostensible “crisis” that President Trump repeatedly

10 invoked in these numerous statements have not significantly changed since his inauguration as

11 President in January 2017.

12

132. President Trump acknowledged this when he stated that the “emergency” at the

13 border “began a long time [ago],” citing 2014 as the beginning of the ostensible “crisis at the

14 border.”23

15

133. There is no evidence of change to the historic pattern of unauthorized immigrants

16 committing crimes at substantially lower rates than native-born Americans.24

17

134. The evidence from the federal government’s own data also shows that the vast

18 majority of the drugs smuggled into the country that the President has singled out as dangerous

19 (methamphetamine, heroin, cocaine, and fentanyl)25 continue to come through, not between, ports

20 of entry.26

21 20 Id. (June 21, 2018, 5:12 AM), https://tinyurl.com/y3zaqk7d.

22

21 Id. (Dec. 19, 2018, 5:43 AM), https://tinyurl.com/y95cnd8r.

22 Id. (Dec. 31, 2018, 5:29 AM), https://tinyurl.com/y6stmopr.

23

23 White House, Remarks by President Trump Before Marine One Departure (Jan. 10,

2019), https://tinyurl.com/yycew5dk.

24

24 See, e.g., Alex Nowrateh, The Murder of Mollie Tibbetts and Illegal Immigrant Crime:

The Facts, Cato Institute (Aug. 22, 2018), https://tinyurl.com/y5boc9me (showing that “[t]he 25 illegal immigrant conviction rate for homicide was 44 percent below that of native-born

Americans in 2016 in Texas”) (emphasis in original).

26

25 White House, President Donald J. Trump’s Address to the Nation on the Crisis at the

Border (Jan. 8, 2019), https://tinyurl.com/y5uloxyg.

27

26 CBP, CBP Enforcement Statistics FY2018, https://tinyurl.com/y9c4c6ft (showing that

through August 2018, federal agents seized 88 percent of cocaine, 90 percent of heroin, 87 28

23

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1

135. There continues to be a lack of credible evidence that terrorists are using the

2 southern border as a means of entering the United States, as a State Department report produced

3 under the Trump Administration makes clear.27

4

136. In his own public statements, President Trump has made clear that his emergency

5 declaration was triggered by his inability to secure funding for the border wall from Congress

6 rather than an actual national emergency at the border.

7

137. When asked by the media about his plans to declare a national emergency relating

8 to the border wall, President Trump stated his preference for “do[ing] the deal through Congress,”

9 but that if the deal did not “work out” he would “almost . . . definitely” declare a national

10 emergency.28 While he reiterated his claims that the volume of drugs, criminals, and gangs

11 coming through the border between ports of entry constituted a “crisis,” President Trump

12 repeatedly cited the ongoing impasse with Congress as his rationale for the emergency

13 declaration.29

14

138. Around the same time, when asked by the media what his threshold was for

15 declaring a national emergency, President Trump responded, “My threshold will be if I can’t

16 make a deal with people that are unreasonable.”30

17

139. On February 1, 2019, President Trump made clear in an interview that he was

18 planning to wait until February 15, the deadline for a congressional conference committee to avert

19 another government shutdown, before issuing an emergency declaration.31 President Trump

20 claimed he was already building the border wall, and strongly implied that he needed neither

21

22

percent of methamphetamine, and 80 percent of fentanyl at ports of entry in this fiscal year). 27 U.S. Dep’t of State, Bureau of Counterterrorism, Country Reports on Terrorism 2017

23 205 (Sept. 2018), https://tinyurl.com/y93n5fes. 28 Trump Remarks before Marine One Departure, supra note 23.

24

29 Id.

30 George Sargent, Trump: I Have the ‘Absolute Right’ to Declare a National Emergency

25 if Democrats Defy Me, Wash. Post (Jan 9, 2018), https://tinyurl.com/y4vmtezb.

31 New York Times, Excerpt from Trump’s Interview with the New York Times (Feb. 1,

26 2019), https://tinyurl.com/y9gsosk4; see also CBS, Transcript: President Trump on “Face the

Nation” (Feb. 3, 2019), https://tinyurl.com/y8l38g72 (President Trump describing emergency 27 declaration as an “alternative” to the process that Congress was engaged in to avert another

shutdown, which was to end on February 15). 28

24

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1 additional funding nor an emergency declaration to build it.32

2

140. During a press conference that same day, when asked whether he would consider

3 other options besides the emergency declaration, President Trump stated that “we will be looking

4 at a national emergency, because I don’t think anything is going to happen [in Congress]. I think

5 the Democrats don’t want border security.”33 President Trump also repeated his view that the

6 wall was already being built “with funds that are on hand . . . we’re building a lot of wall right

7 now, as we speak . . . [a]nd we’re getting ready to hand out some very big contracts with money

8 that we have on hand and money that comes in.”34

9 II. CONGRESS HAS APPROPRIATED LIMITED FUNDING TOWARD A BORDER BARRIER AND NO FUNDING TOWARD PRESIDENT TRUMP’S PROPOSED BORDER WALL
10 141. Congress has exercised its Article I powers by appropriating funds for the
11 construction of border barriers and related infrastructure when Congress deemed it appropriate.
12 During the period of 2005 through 2011, Congress appropriated funding for the construction of
13 hundreds of miles of border barriers.35 Currently, there is a total of 705 miles of primary,
14 secondary, or tertiary fencing along 654 miles of the southwest border.36
15 142. In the 115th Congress, between 2017 and 2018, Congress considered, but
16 repeatedly declined to adopt, legislation appropriating funding for President Trump’s proposed
17

18

32 New York Times Interview, supra note 31 (President Trump stating: “I’m building the 19 wall right now. . . . it’s been funded . . . . . We’ll be up to, by the end of this year, 115 miles. . . .

At least. . . . And that doesn’t include large amounts of wall that we’ll be starting before the end 20 of the year. So we’ll be up to hundreds of miles of wall between new wall and renovation wall in

a fairly short period of time. . . . . And I’ll continue to build the wall, and we’ll get the wall 21 finished. Now whether or not I declare a national emergency, that you’ll see”); see also Donald J.

Trump (@realDonaldTrump), Twitter (Jan. 31, 2019, 9:43 AM), https://tinyurl.com/y56tevok

22 (“Wall is being built!”).

33 White House, Remarks by President Trump in Meeting on Human Trafficking on the

23 Southern Border (Feb. 1, 2019), https://tinyurl.com/y5ghp3eh.

34 Id.

24

35 Gov’t Accountability Office, Additional Actions Needed to Better Assess Fencing’s

Contributions to Operations and Provide Guidance for Identifying Capability Gaps, GAO-1725 331 (Feb. 16, 2017), at 7-10, https://tinyurl.com/yaqbny6e; Gov’t Accountability Office, Secure

Border Initiative Fence Construction Costs, GAO-09-244R (Jan. 29, 2009), at 4-11, 26 https://tinyurl.com/y2kgefp5.
36 U.S. Border Patrol, Mileage of Pedestrian and Vehicle Fencing by State (Aug. 2, 2017), 27 https://tinyurl.com/y6f27h4e.

28

25

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1 border wall.37

2

143. Near the end of the 115th Congress, Congress worked on a funding bill before the

3 December 22, 2018 deadline when federal funding ran out for a number of federal departments.

4 On December 11, 2018, President Trump held a televised meeting with the Democratic leaders of

5 Congress, then-House Minority Leader Nancy Pelosi and Senate Minority Leader Chuck

6 Schumer, to discuss the funding deadline. At that meeting, President Trump said he wanted $5

7 billion to build a portion of the border wall. President Trump said at that meeting, “If we don’t

8 get what we want one way or the other, whether it’s through you, through a military, through

9 anything you want to call, I will shut down the government, absolutely.” President Trump

10 reiterated that he would be “proud to shut down the government for border security.” At the

11 meeting, Leaders Schumer and Pelosi said they disagreed with the President on providing funding

12 for the border wall.38

13

144. On December 19, 2018, the Senate passed by voice vote a bill to fund the

14 government through February 8, 2019 that did not include any funding for a border wall.

15 Department of Defense Appropriations Act of 2018, H.R. 695, 115th Cong. (2018).

16

145. After the Senate passed the temporary funding bill, on December 20, 2018,

17 President Trump announced that “I’ve made my position very clear. Any measure that funds the

18

19

37 See, e.g., The WALL Act of 2018, S. 3713, 115th Cong. (2018) (proposed $25 billion

appropriation for border wall; no committee action); 50 Votes for the Wall Act, H.R. 7073, 115th

20 Cong. (2018) (proposed $25 billion appropriation for funding for border wall; no committee

action); Build the Wall, Enforce the Law Act of 2018, H.R. 7059, 115th Cong. (2018) (proposed 21 $16.6 billion appropriation for border wall; no committee action); Fund and Complete the Border

Wall Act, H.R. 6657, 115th Cong. (2018) (proposed authorization of funding for border wall; no 22 committee action); American Border Act, H.R. 6415, 115th Cong. (2018) (proposed $16.6 billion

appropriation for border wall; no committee action); Border Security and Immigration Reform 23 Act of 2018, H.R. 6136, 115th Cong. (2018) (proposed $16.6 billion appropriation for border

wall; voted down by House 301 to 121); Securing America’s Future Act of 2018, H.R. 4760, 24 115th Cong. (2018) (proposed construction of physical barrier, including border wall; voted down

by House 231-193); Border Security and Deferred Action Recipient Relief Act, S. 2199, 115th 25 Cong. (2017) (proposal to make available $38.2 million for planning for border wall construction;

no action in Senate); Make America Secure Appropriations Act, H.R. 3219, 115th Cong. (2017)

26 (proposed $38.2 million appropriation for border wall; passed House of Representatives, but no

action by Senate).

27

38 C-SPAN, President Trump Meeting with Democratic Leaders (Dec. 11, 2018),

https://tinyurl.com/ycalrz3x. 28

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1 government must include border security,” which he clarified must include funding for a wall.39

2

146. On December 20, 2018, the House of Representatives approved a short-term

3 funding bill appropriating $5.7 billion for “U.S. Customs and Border Protection – Procurement,

4 Construction, and Improvements.” Department of Defense Appropriations Act of 2018, H.R.

5 695, 115th Cong. (2018). The Senate never passed the House-approved version of the legislation.

6

147. With no agreement between Congress and the President on funding, on December

7 22, 2018, the federal government partially shut down.

8

148. On January 3, 2019, Nancy Pelosi became Speaker of the House. The day before,

9 Speaker Pelosi reiterated in a televised interview that the House would be providing “[n]othing

10 for the wall.”40 On January 3, the House of Representatives approved a short-term funding bill

11 without any funding for a border wall. Consolidated Appropriations Act of 2019, H.R. 21, 116th

12 Cong. (2019). The Senate never passed the House approved version of the legislation.

13

149. On January 19, 2019, President Trump addressed the nation regarding the partial

14 government shutdown and laid out his immigration proposal. In his remarks, he repeated his

15 unsupported claims of an immigration enforcement crisis at the border in connection with his

16 continued proposal for $5.7 billion in funding for a wall, stating that “[a]s a candidate for

17 president, I promised I would fix this crisis, and I intend to keep that promise one way or the

18 other.”41

19

150. When he announced the congressional agreement that ended the government

20 shutdown on January 25, 2019, President Trump stated: “If we don’t get a fair deal from

21 Congress, the government will either shut down on February 15th, again, or I will use the powers

22 afforded to me under the laws and the Constitution of the United States to address this

23 emergency.”42

24 39 CNN, Trump: “I’ve Made My Position Very Clear” on Spending Bill (Dec. 20, 2018),
25 https://tinyurl.com/yy9cvzdd. 40 Tal Axelrod, Pelosi on Negotiations with Trump: “Nothing for the Wall”, The Hill,
26 (Jan. 2, 2019), https://tinyurl.com/y77o89hp. 41 White House, Remarks by President Trump on the Humanitarian Crisis on our
27 Southern Border and the Shutdown (Jan. 19, 2019), https://tinyurl.com/y7gdj6s8. 42 White House, Remarks by President Trump on the Government Shutdown (Jan. 25,
28 2019), https://tinyurl.com/y4mplplb.
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1

151. After weeks of negotiation, on February 14, 2019, Congress passed the

2 Consolidated Appropriations Act, 2019 (H.J. Res. 31) (the “2019 Appropriations Act”). The

3 2019 Appropriations Act provides $1.375 billion for “construction of primary pedestrian fencing,

4 including levee pedestrian fencing, in the Rio Grande Valley Sector” of the border. H.J. Res. 31

5 § 230(a)(1). That is the only funding in the 2019 Appropriations Act that Congress designated for

6 the construction of a barrier.

7

152. The 2019 Appropriations Act also imposes limitations on how the fencing may be

8 constructed. The amount designated for fencing in the Rio Grande Valley Sector “shall only be

9 available for operationally effective designs deployed as of the date of the Consolidated

10 Appropriations Act, 2017 (Public Law 115-31), such as currently deployed steel bollard designs,

11 that prioritize agent safety.” Id. § 230(b). The Consolidated Appropriations Act of 2017 was

12 enacted on May 5, 2017. See Pub. L. No. 115-31. Thus, the 2019 Appropriations Act authorized

13 fencing only using designs already “deployed” nearly two years ago. The Consolidated

14 Appropriations Act of 2017 likewise does not authorize the construction of a concrete or steel

15 wall. Id.

16

153. Congress made clear its intent that it was not appropriating any funding toward the

17 construction of a wall. Senator Patrick Leahy, Vice Chairman of the Senate Appropriations

18 Committee, who was actively involved in negotiations on the 2019 Consolidated Appropriations

19 Act, stated, “The agreement does not fund President Trump’s wasteful wall.” 165 Cong. Rec.

20 S1362 (daily ed. Feb 14, 2019). Senator Schumer, the Senate Minority Leader, noted that, “The

21 agreement will provide smart border security, increasing support for technologies at our ports of

22 entry. It will not fund the President’s expensive, ineffective wall.” 165 Cong. Rec. S1363 (daily

23 ed. Feb. 14, 2019). The congressional record in the House of Representatives is no different.

24 See, e.g., 165 Cong. Rec. H2019 (daily ed. Feb. 14, 2019) (statement of Rep. Price) (“This

25 agreement denies the President billions of dollars for an unnecessary wall.”); 165 Cong. Rec.

26 H2020 (daily ed. Feb. 14, 2019) (statement of Rep. Aguilar) (“What this bill will not do is . . .

27 fund the President’s wall from sea to shining sea, a wall that he said Mexico would pay for.”).

28

154. On February 15, 2019, President Trump signed the 2019 Consolidated

28

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1 Appropriations Act into law.

2 III. PRESIDENT TRUMP’S EXECUTIVE ACTION AND EMERGENCY DECLARATION

3

155. That same day, the Trump Administration announced that the President was taking

4 Executive Action to redirect funding beyond what was appropriated by Congress toward

5 construction of a border wall. The Administration outlined specific plans for the diversion of an

6 additional $6.7 billion “that will be available to build the border wall once a national emergency

7 is declared and additional funds have been reprogramed.”43 The Administration identified the

8 following funding for diversion:

9

 $601 million from the Treasury Forfeiture Fund;

10

 Up to $2.5 billion under the Department of Defense funds transferred for Support for

11

Counterdrug Activities (10 U.S.C. § 284); and

12

 Up to $3.6 billion reallocated from Department of Defense military construction projects

13

under the President’s declaration of a national emergency (10 U.S.C. § 2808).44

14

156. In conjunction with that announcement, the President also declared a national

15 emergency under the National Emergencies Act claiming that there is a “border security and

16 humanitarian crisis that threatens core national security interests and constitutes a national

17 emergency.” The Emergency Declaration claimed that the border is an entry point for “criminals,

18 gang members, and illicit narcotics.”45 The Emergency Declaration continues: “The problem of

19 large-scale unlawful migration through the southern border is long-standing, and despite the

20 executive branch’s exercise of existing statutory authorities, the situation has worsened in certain

21 respects in recent years. In particular, recent years have seen sharp increases in the number of

22 family units entering and seeking entry to the United States and an inability to provide detention

23 space for many of these aliens while their removal proceedings are pending.”46 The Emergency

24 Declaration concludes that the difficulty in removing these family units justifies the declaration,

25

43 White House, President Donald J. Trump’s Border Security Victory (Feb. 15, 2019),

https://tinyurl.com/y3empmay.

26

44 Id.

45 President Donald J. Trump, Proclamation Declaring a National Emergency Concerning 27 the Southern Border of the United States (Feb. 15, 2019).

46 Id. 28

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1 but it does not make any connection to how the entry of these family units into the United States

2 contributes to the flow of “criminals, gang members, and illicit narcotics” into the country.47

3

157. The President invoked the National Emergencies Act and declared that the

4 “emergency requires use of the Armed Forces” and “that the construction authority provided in

5 section 2808 of title 10, United States Code, is invoked and made available, according to its

6 terms, to the Secretary of Defense, and at the discretion of the Secretary of Defense, to the

7 Secretaries of the military departments.”

8

158. The Emergency Declaration directs the Secretary of Defense or the Secretary of

9 relevant military departments to “order as many units or members of the Ready Reserve to active

10 duty as the Secretary concerned, in the Secretary’s discretion, determines to be appropriate to

11 assist and support the activities of the Secretary of Homeland Security at the southern border.”48

12

159. The Emergency Declaration further directs the Secretaries of Defense, Interior,

13 and Homeland Security to “take all appropriate actions, consistent with applicable law, to use or

14 support the use of the authorities herein invoked.”49

15

160. At a press conference announcing the Executive Actions, President Trump

16 acknowledged that Congress provided more than enough funding for homeland security, and that

17 the Administration has “so much money, we don’t know what to do with it.” In explaining his

18 rationale for the Executive Actions, the President candidly admitted that the emergency

19 declaration reflected his personal preference to construct the wall more quickly, rather than an

20 actual urgent need for it to be built immediately: “I could do the wall over a longer period of time.

21 I didn’t need to do this. But I’d rather do it much faster.”50

22 IV. LEGAL BACKGROUND

23

A. The National Emergencies Act (50 U.S.C. §§ 1601-1651)

24

161. The National Emergencies Act (“NEA”), Pub. L. 94-412, 90 Stat. 1255, codified at

25 50 U.S.C. §§ 1601-1651, was enacted by Congress in 1976 to rein in, rather than expand, the

26

47 Id.

48 Id. § 1.

27

49 Id. § 2.

50 White House, Remarks by President Trump on the National Security and Humanitarian

28 Crisis on our Southern Border (Feb. 15, 2019), https://tinyurl.com/y3jenqeu.

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1 power of the president. The NEA was designed to “insure” that the president’s “extraordinary”

2 emergency powers would “be utilized only when emergencies actually exist.” S. Rep. No. 94-

3 1168, at 2 (1976). Senator Frank Church, who was instrumental in the development of the NEA,

4 testified before the Senate Committee of Government Operations “that the President should not

5 be allowed to invoke emergency authorities or in any way utilize the provisions of this Act for

6 frivolous or partisan matters, nor for that matter in cases where important but not ‘essential’

7 problems are at stake.” Hearing on H.R. 3884 Before the S. Comm. of Governmental Operations,

8 94th Cong. 7 (1976) (statement of Sen. Frank Church). Senator Church continued that “[t]he

9 Committee intentionally chose language which would make clear that the authority of the Act

10 was to be reserved for matters that are ‘essential’ to the protection of the Constitution and the

11 people.” Id.

12

162. The NEA allows the president to utilize emergency powers, as authorized by

13 Congress in other federal statutes, when there is a national emergency, and one has been declared.

14 50 U.S.C. § 1621.

15

163. Under the NEA, the president must specify the statutory emergency authorities he

16 intends to invoke upon issuing a national emergency. He must also publish the proclamation of a

17 national emergency in the Federal Register and transmit it to Congress. 50 U.S.C. § 1631.

18

B. Section 2808’s Emergency Military Construction Authority (10 U.S.C.

§ 2808) 19

20

164. The President seeks to reallocate “[u]p to $3.6 billion . . . from Department of

21 Defense military construction projects under the President’s declaration of a national

22 emergency.”51

23

165. Section 2808 states that when the president declares a national emergency “that

24 requires use of the armed forces,” the Secretary of Defense may “undertake military construction

25 projects . . . not otherwise authorized by law that are necessary to support such use of the armed

26 forces.” 10 U.S.C. § 2808(a).

27 51 President Donald J. Trump’s Border Security Victory, supra note 43 (citing 10 U.S.C. §
28 2808).
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1

166. Section 2808 limits the funds available for emergency military construction to “the

2 total amount of funds that have been appropriated for military construction . . . that have not been

3 obligated.” 10 U.S.C. § 2808(a).

4

167. “Military construction” under Section 2808 includes “any construction,

5 development, conversion, or extension of any kind carried out with respect to a military

6 installation,” and “military installation” includes a “base, camp, post, station, yard, center, or

7 other activity under the jurisdiction of the Secretary of a military department.” 10 U.S.C. § 2801.

8

C. Section 284’s Authority to Support Counter-Drug Activities (10 U.S.C.

§ 284) 9

10

168. The President seeks to use “[u]p to $2.5 billion under the Department of Defense

11 funds transferred for Support for Counterdrug Activities.”52

12

169. Section 284 authorizes the Secretary of Defense to assist civilian law enforcement

13 with drug enforcement activities. 10 U.S.C. § 284. It states that the Secretary of Defense “may

14 provide support for the counterdrug activities or activities to counter transnational organized

15 crime” of any law enforcement agency. Such support may include “[c]onstruction of roads and

16 fences and installation of lighting to block drug smuggling corridors across international

17 boundaries of the United States.” Id.

18

170. Use of Section 284 is not dependent on the president declaring a national

19 emergency.

20

171. Congress has appropriated to the DOD funding for interdiction and counter-drug

21 activities. For instance, in FY 2019, Congress appropriated $217,178,000 for National Guard

22 counter-drug programs subject to specific limitations on how the Administration may expend

23 these funds.53 That funding is intended to support counterdrug operations at all levels of

24 government, including on a state-wide basis.54 According to a U.S. Government Accountability

25

52 Id. (citing 10 U.S.C. § 284).

53 Department of Defense and Labor, Health and Human Services, and Education 26 Appropriations Act, 2019 and Continuing Appropriations Act, 2019, Pub. L. No. 115-245 (Sept.

28, 2018).

27

54 National Guard, National Guard Counterdrug Program, https://tinyurl.com/yx9whzd8

(last visited Feb. 17, 2019). 28

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1 Office analysis, National Guard Counterdrug Program funding was planned for all fifty states

2 plus Washington, D.C., Puerto Rico, the U.S. Virgin Islands, and Guam.55

3

D. Authority to Transfer Funds from Treasury Asset Forfeiture Fund (31

U.S.C. § 9705) 4

5

172. The President seeks to use “about $601 million” from the Department of the

6 Treasury’s Asset Forfeiture Fund.56

7

173. Section 9705(g)(4)(B) provides that after reserves and required transfers, the

8 Treasury Forfeiture Fund’s “unobligated balances . . . shall be available to the Secretary . . . for

9 obligation or expenditure in connection with the law enforcement activities of any Federal

10 agency. . . .”

11

E. National Environmental Policy Act (“NEPA”)

12

174. NEPA, 42 U.S.C. section 4321 et seq., is the “basic national charter for protection

13 of the environment.” 40 C.F.R. § 1500. l (a). NEPA contains several action-forcing procedures,

14 most significantly the mandate to prepare an environmental impact statement (“EIS”) on major

15 federal actions “significantly affecting the quality of the human environment.” Robertson v.

16 Methow Valley Citizen Council, 490 U.S. 332, 348 (1989) (citing 42 U.S.C. § 4332 (2)(C)).

17

175. NEPA requires federal agencies to consider several factors relating to the

18 “intensity” of the project, including: the “[u]nique characteristics of the geographic area such as

19 proximity to . . . ecologically critical areas” (40 C.F.R. § 1508.27(3)); “[t]he degree to which the

20 action may adversely affect an endangered or threatened species or its habitat that has been

21 determined to be critical under the Endangered Species Act of 1973” (40 C.F.R. § 1508.27(9));

22 and “[w]hether the action threatens a violation of Federal, State, or local law or requirements

23 imposed for the protection of the environment.” 40 C.F.R. § 1508.27(10).

24

176. “NEPA requires that the evaluation of a project’s environmental consequences

25 take place at an early stage in the project’s planning process.” State of California v. Block, 690

26 F.2d 753, 761 (9th Cir. 1982) (citation omitted). A proposal subject to NEPA exists where an

27

55 Gov’t Accountability Office, Drug Control, DOD Should Improve Its Oversight of the

National Guard Counterdrug Program, GAO-19-27 (Jan. 2019), https://tinyurl.com/y4e6ocra.

28

56 Border Security Victory, supra note 43.

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1 agency has a goal and is actively preparing to make a decision on the alternatives in

2 accomplishing that goal, regardless of whether the agency declares that such a proposal exists:

3 “An agency shall commence preparation of an environmental impact statement as close as

4 possible to the time the agency is developing or is presented with a proposal.” 40 C.F.R. §

5 1502.5. A “[p]roposal exists at that stage in the development of an action when an agency subject

6 to the Act has a goal and is actively preparing to make a decision on one or more alternative

7 means of accomplishing that goal and the effects can be meaningfully evaluated.” 40 C.F.R. §

8 1508.23.

9 V. THERE IS NO IMMIGRATION ENFORCEMENT “CRISIS” OR “INVASION” AT THE SOUTHERN BORDER TO SUPPORT THE DECLARATION OF EMERGENCY
10

A. There Is No Evidence That a Massive Influx of Migrants Is Overwhelming

11

Government Resources at the Southern Border

12

177. President Trump’s continued claim that an unprecedented flood of migrants is

13 causing an immigration enforcement crisis amounting to a “national emergency” is not supported

14 by the facts.

15

178. As CBP statistics show, apprehensions at the border in recent months are within

16 the historic range, and indeed lower than they have been in some months in prior years (especially

17 2014).57

18

179. From a larger perspective, apprehensions at the southwest border are actually near

19 historic lows, with fewer than 400,000 apprehensions in FY2018 compared to over 1.6 million in

20 FY2000.58

21

180. In FY2017, CBP made the fewest apprehensions since FY2000, and the number of

22 apprehensions in FY2018 was the fifth lowest since FY2000.59

23

24

57 CBP, Southwest Border Migration FY2019, https://tinyurl.com/CBP-app-2019 (last

25

visited Feb. 17, 2019). 58 CBP, Nationwide Illegal Alien Apprehensions Fiscal Years 1925-2017,

26 https://tinyurl.com/y2kysbr8 (last visited Feb. 17, 2019) (also showing over 1 million apprehensions in each of fiscal years 1954, 1983-87, 1990-99, 2001, 2004-06, as well as over

27 800,000 apprehensions in each of fiscal years 1953, 1977-79, 1981-82, 1988-89, 2002, 2003, and

2007).

28

59 Id. (also the source of data for the graph included herein).

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1

2

3

4

5

6

7

8

9

10

11

12

181. During this same time span, there were dramatic increases in the number of border

13 patrol agents utilized to patrol the southwest border between the ports of entry. From 2000 to

14 2017, CBP increased its border patrol agent staffing nationwide by 111%, from 9,212 to 19,437

15 agents. CBP increased the number of border patrol agents assigned to the southwest border

16 sectors by nearly 94%, from 8,580 to 16,605 agents during the 2000-2017 time period.60

17

182. CBP personnel have significantly increased over the past two decades, while

18 illegal border crossings have dropped, causing the average annual number of apprehensions made

19 by each CBP agent to drop by almost 91%, from 192 in FY2000 to only 18 in FY2017.61

20

183. In September 2017, DHS published a report in which it concluded that “the

21 southwest land border is more difficult to illegally cross today than ever before.”62

22

184. President Trump and other Administration officials have pointed to a series of

23 “caravans” of asylum seekers from Central America as posing a national security threat to the

24

25

60 CBP, Border Patrol Agent Nationwide Staffing by Fiscal Year,

https://tinyurl.com/yyazdqm7 (last visited Feb. 17, 2019).

26

61 Id.; CBP, Total Illegal Alien Apprehensions by Fiscal Year,

https://tinyurl.com/y73mzshs (last visited Feb. 17, 2019).

27

62 DHS, Off. of Immigr. Stats., Efforts by DHS to Estimate Southwest Border Security

between Ports of Entry (Sept. 2017), https://tinyurl.com/y9gbn5js. 28

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1 United States and to justify the border wall.63

2

185. But these caravans have not materially changed the situation at the border—and

3 will not materially change it—because numerically they represent a small fraction of CBP’s

4 monthly southwest border apprehensions.

5

186. CBP reported 58,207 apprehensions at the southwest border in January 2019—

6 47,893 between ports of entry and 10,314 at ports of entry—an average of almost 1,900 per day.64

7

187. A recent migrant caravan that departed Honduras is estimated to contain around

8 2,000 members.65

9

188. Thus, even if the entire caravan entered at once, this entry would constitute

10 approximately one day’s average apprehensions and less than 4% of monthly apprehensions.

11

189. CBP has dealt with far larger changes in migrant flows in the past; for example,

12 apprehensions increased by 13,596 from February to March 2018.66

13

190. In general, the population of undocumented immigrants from Mexico has dropped

14

15

63 See, e.g., Donald J. Trump (@realDonaldTrump), Twitter (Nov. 18, 2018, 10:42 AM),

https://tinyurl.com/invasion-tweet (“the U.S. is ill-prepared for this invasion, and will not stand

16 for it”); id., Twitter (Jan. 15, 2019, 4:37 AM) https://tinyurl.com/yyjrbfyn (“A big new Caravan is

17

heading up to our Southern Border from Honduras. Tell Nancy and Chuck that a drone flying around will not stop them. Only a Wall will work. Only a Wall, or Steel Barrier, will keep our

18 Country safe!”); id., Twitter (Jan. 18, 2019, 6:13 AM) https://tinyurl.com/yyjrbfyn (“Another big Caravan heading our way. Very hard to stop without a Wall!”); id., Twitter (Feb. 3, 2019)

19 https://tinyurl.com/yywmw9yx (“With Caravans marching through Mexico and toward our

Country, Republicans must be prepared to do whatever is necessary for STRONG Border 20 Security”); 2019 State of the Union Address, supra (“As we speak, large, organized caravans are

21

on the march to the United States. We have just heard that Mexican cities, in order to remove the illegal immigrants from their communities, are getting trucks and buses to bring them up to our

22 country in areas where there is little border protection. I have ordered another 3,750 troops to our southern border to prepare for this tremendous onslaught”); DHS, Secretary Nielsen Statement on

23 New Migrant “Caravan” (Feb. 5, 2019), https://tinyurl.com/y6gt7wjk (calling caravan “lawless”

and stating DHS intention to “take all steps to ensure the safety and security of law enforcement 24 personnel on the frontlines . . . . [and] do everything in its power—with the assistance of federal

25

and state partners—to hold smugglers and traffickers accountable, enforce our laws, and keep American communities safe”).

26

64 See Southwest Border Migration, supra note 57.

65 Tom Phillips, Latest migrant caravan marches on as Trump again demands border

27 wall, The Guardian (Jan. 17, 2019), https://tinyurl.com/yas7msld.

66 Southwest Border Migration, supra note 57. 28

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1 significantly in recent years, falling by 1.3 million between 2010 and 2017. In 2016 alone, this

2 decrease was 400,000.67

3

191. The Director of National Intelligence’s most recent “Worldwide Threat

4 Assessment” (“DNI Report”) was produced on January 29, 2019. That report discusses several

5 topics germane to the Emergency Declaration, including migration, terrorism, and transnational

6 crime (including human and drug trafficking).68

7

192. While the DNI Report notes that “high crime rates and weak job markets will spur

8 additional US-bound migrants from the Northern Triangle—El Salvador, Guatemala, and

9 Honduras,” and that “[m]any migrants apparently perceive that traveling in caravans on the

10 journey north affords a certain level of security,” the report contains no mention of a security

11 threat from the caravans or at the southwest border generally.69 The report also discusses

12 “transnational organized crime” as a driver of migration,70 consistent with research by federal

13 officials indicating that most migrants from the Northern Triangle are “fleeing violence at home”

14 and seeking to claim asylum in the United States.71

15

193. At the January 29, 2019, hearing of the Senate Intelligence Committee where the

16 report was presented, the heads of the Office of the Director of National Intelligence, Federal

17 Bureau of Investigation, and Central Intelligence Agency—all appointed by President Trump—

18 testified about international threats to the United States. “None of the officials said there is a

19 security crisis at the U.S.-Mexico border, where Trump has considered declaring a national

20 emergency so that he can build a wall.”72

21

22

67 Robert Warren, U.S. Undocumented Population Continued to Fall from 2016 to 2017,

and Visa Overstays Significantly Exceeded Illegal Crossings for the Seventh Consecutive Year, 23 Ctr. for Migration Studies (Jan. 16, 2019), https://tinyurl.com/y7wa849r.

68 Daniel R. Coats, Worldwide Threat Assessment, Off. of the Dir. of Nat’l Intelligence 24 (Jan. 29, 2019), https://tinyurl.com/y9r6kkhu.

69 Id. at 41.

25

70 Id. at 19.

71 Max Ehrenfreund, The Huge Immigration Problem That Donald Trump’s Wall Won’t 26 Solve, Wash. Post (Dec. 18, 2015), https://tinyurl.com/yxgwlx2q (citing research by Federal

Reserve Bank of Dallas economist).

27

72 Shane Harris, Testimony by Intelligence Chiefs on Global Threats Highlights

Differences with President, Wash. Post (Jan. 29, 2019), https://tinyurl.com/y45voevk. 28

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1

B. There Is No Evidence that Terrorists Are Infiltrating the United States via

the Southern Border

2

3

194. The Trump Administration’s assertions that terrorism concerns justify its actions

4 here are without factual basis.

5

195. President Trump and other members of his Administration, including DHS

6 Secretary Nielsen, have repeatedly claimed that terrorists have attempted to infiltrate the United

7 States via the southern border and that the border wall is needed to stop this from happening.73

8

196. However, the federal government’s own reports, as well as credible third-party

9 analysis, show that these claims are false.

10

197. In fact, while over 2,500 individuals on the Federal Bureau of Investigation’s

11 terrorist watchlist attempted to travel to the United States in FY2017, the vast majority—over

12 2,100—attempted to do so by air.74

13

198. More generally, a 2018 State Department report finds that there is “no credible

14 evidence indicating that international terrorist groups have established bases in Mexico, worked

15 with Mexican drug cartels, or sent operatives via Mexico into the United States.”75

16

199. While noting that “[t]he U.S. southern border remains vulnerable to potential

17 terrorist transit,” the report concluded that “terrorist groups likely seek other means of trying to

18

19

73 See White House, Remarks by Vice President Mike Pence at an America First Policies

Tax Reform Event (Feb. 17, 2018), https://tinyurl.com/y54tmrzo (claiming that “seven individuals 20 a day who are either known or suspected terrorists” are apprehended at one Texas port of entry);

21

Donald J. Trump (@realDonaldTrump), Twitter (Oct. 22, 2018, 5:37 AM), https://tinyurl.com/mid-easterners-tweet (asserting that “unknown Middle Easterners” are part of

22 the Caravan, and that he has “alerted Border Patrol and Military that this is a National Emergy [sic].”); see also Calvin Woodward, AP FACT CHECK: Trump’s Mythical Terrorist Tide From

23 Mexico, ABC News (Jan. 7, 2019), https://tinyurl.com/yyhewhrl (collecting other statements by

Administration officials asserting that large numbers of individuals with terrorist ties are 24 apprehended at the Southern Border).

25

74 DHS and U.S. Dep’t of Justice, Executive Order 13780: Protecting the Nation From Foreign Terrorist Entry Into the United States Initial Section 11 Report 9 (Jan. 2018),

26 https://tinyurl.com/yy6bg66j. The report does not specify whether the 355 individuals who attempted to enter by land were doing so at the northern or southern border.

27

75 U.S. Dep’t of State, Bureau of Counterterrorism, Country Reports on Terrorism 2017

205 (Sept. 2018), https://tinyurl.com/y93n5fes. 28

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1 enter the United States.”76

2

200. A recent comprehensive study by the Cato Institute—using data going back to

3 1975—found that “there have been zero people murdered or injured in terror attacks committed

4 by illegal border crossers on U.S. soil.”77

5

201. In fact, almost every individual convicted of even planning a terrorist attack on the

6 United States who entered the country illegally came over the Canadian border or jumped ship in

7 American ports.78

8

202. Only three individuals convicted of a terrorist plot entered illegally through the

9 Mexican border, and they did so as children in the 1980s, decades before the planned attack was

10 foiled in 2007.79

11

203. Further, the Cato Institute noted that “[n]ot a single terrorist in any visa category

12 came from Mexico or Central America during the 43-year period.”80

13

204. The DNI Report contains a three-page discussion of terrorism. That discussion

14 does not mention any threat of terrorists infiltrating the United States through the Southwest

15 Border.81 Indeed, terrorism is not discussed at all in the Western Hemisphere section of the

16 report.82

17

205. Thus, while combating terrorism is an important national priority, illegal crossings

18 at our southern border do not materially contribute to that problem and provide no factual

19 justification for declaring an emergency requiring the diversion of funds to build a wall.

20

C. There Is No Evidence that a Border Wall Will Decrease Crime Rates

21

206. Studies have consistently shown that the connection that President Trump attempts

22

76 Id.

23

77 David Bier & Alex Nowrasteh, 45,000 “Special Interest Aliens” Caught Since 2007,

24

But No U.S. Terrorist Attacks from Illegal Border Crossers, Cato Inst. (Dec. 17, 2018), https://tinyurl.com/yddqwes3.

25

78 Id.

79 Id.

26

80 Alex Nowrasteh, Does the Migrant Caravan Pose a Serious Terrorism Risk?, Cato Inst.

(Oct. 23, 2018), https://tinyurl.com/yap9uc9s.

27

81 DNI Report, supra note 68 at 10–13.

82 Id. at 40–42.

28

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1 to draw between unauthorized immigration and increased crime rates is false.

2

207. According to a 2018 Cato Institute study examining 2016 incarceration rates,

3 unauthorized immigrants were 47% less likely to be incarcerated for crimes than native-born

4 Americans.83

5

208. A 2018 Cato Institute report examining 2015 Texas crime statistics found that

6 undocumented immigrants had a criminal conviction rate 50% below that for native-born

7 Americans.84

8

209. A 2018 study published in Criminology examining national crime rates from 1990

9 to 2014 found “that undocumented immigration does not increase violence” and in fact

10 “[i]ncreases in the undocumented immigrant population within states are associated with

11 significant decreases in the prevalence of violence.”85

12

210. A 2017 study in the Journal of Ethnicity in Criminal Justice examining

13 immigration and crime rates nationally over a 40-year period found that in the 10 cities where the

14 immigrant population increased the most, crime levels in 2016 decreased to lower levels of crime

15 than in 1980.86 “The most striking finding from our research is that for murder, robbery, burglary

16 and larceny, as immigration increased, crime decreased, on average, in American metropolitan

17 areas.”87 Large cities with substantial immigrant populations have lower crime rates, on average,

18 than those with minimal immigrant populations.88

19

20

21 83 Michelangelo Landgrave & Alex Nowrasteh, Incarcerated Immigrants in 2016, Cato
22 Inst. Res. and Pol’y Br. No. 7 (Jun. 4, 2018), https://tinyurl.com/y2jn4e3x. 84 Alex Nowrasteh, Criminal Immigrants in Texas, Cato Inst. Res. and Pol’y Br. No. 4
23 (Feb. 26, 2018), https://tinyurl.com/y62qjsa6 85 Michael T. Light & Ty Miller, Does Undocumented Immigration Increase Violent
24 Crime? Criminology (Mar. 25, 2018), https://tinyurl.com/ycyzsf27. 86 Robert Adelman et al., Urban crime rates and the changing face of immigration:
25 Evidence across four decades, J. of Ethnicity in Crim. Justice, Vol. 15 (2017), https://tinyurl.com/y6czenh7; see also Anna Flag, The Myth of the Criminal Immigrant, N.Y.
26 Times (Mar. 30, 2018), https://tinyurl.com/y9hcu6kp. 87 Charis Kubrin et al., Immigrants Do Not Increase Crime, Research Shows Scientific
27 American (Feb. 7, 2017), https://tinyurl.com/h8xauk2. 88 Id.
28
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1

211. A 2010 study showed that native-born American men between ages 18 to 39 with

2 no high school diploma had triple the incarceration rate of immigrant men from Mexico, El

3 Salvador, and Guatemala with the same age and education profile.89

4

212. The Administration’s repeated claims that building a border barrier in El Paso,

5 Texas reduced a previously high rate of violent crimes there are also false.90

6

213. In fact, when the new border barrier was built in 2009, crime in El Paso had been

7 dramatically decreasing since the 1990s, just as the violent crime rate decreased substantially

8 nationwide from the 1990s through the present.91 “From 2006 to 2011—two years before the

9 fence was built to two years after—the number of violent crimes recorded in El Paso increased by

10 17 percent.”92

11

D. There Is No Evidence that a Border Wall Will Impact the Smuggling of

Dangerous Drugs into the United States 12

13

214. For years, the vast majority of the drugs smuggled into the country that the

14 President has singled out as dangerous (methamphetamine, heroin, cocaine, and fentanyl)93 have

15 been smuggled through, not between, ports of entry.94

16

89 Ewing, The Criminalization of Immigration in the United States, Am. Immigr. Council 17 Rep. (Jul. 13, 2015), https://tinyurl.com/jxcv9aq.

90 See, e.g., State of the Union address, supra (“The border city of El Paso, Texas, used to 18 have extremely high rates of violent crime — one of the highest in the entire country, and

considered one of our nation's most dangerous cities. Now, immediately upon its building, with a 19 powerful barrier in place, El Paso is one of the safest cities in our country.”)

91 Federal Bureau of Investigation, Uniform Crime Reports, Crime in the United States, 20 Table 1 (showing violent crime rate reduction from 567.6 violent crimes per 100,000 inhabitants

in 1998 to 382.9 per 100,000 inhabitants in 2017), https://tinyurl.com/yyvc6636 (last visited Feb. 21 17, 2019).

92 Madlin Mekelburg, State of the Union: Facts Show Trump Wrong to Say El Paso 22 Dangerous City until Fence, El Paso Times (Feb. 5, 2019), https://tinyurl.com/y9ol96az (citing

crime data from El Paso County Sheriff’s Office and FBI Uniform Crime Reports).

23

93 Trump Address on Crisis at Border, supra note 25; see also White House, President

Donald J. Trump Is Committed to Working with Congress to Solve Our Urgent Immigration 24 Crisis (Feb. 5, 2019), https://tinyurl.com/yyhzvrq9 (“Tens of thousands of Americans are killed

by tons of deadly, illicit drugs trafficked into our country by criminal aliens, gangs, and cartels 25 exploiting our porous border. The lethal drugs that flood across our border and into our

communities include meth, heroin, cocaine, and fentanyl.”).

26

94 CBP, Enforcement Statistics FY2018, https://tinyurl.com/y9c4c6ft (showing that

through August 2018, out of all the drugs seized by CBP in that fiscal year, 88 percent of cocaine, 27 90 percent of heroin, 87 percent of methamphetamine, and 80 percent of fentanyl were seized by

Field Operations at ports of entry). 28

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1

215. From 2012-2018, 86% of cocaine, 88% of heroin, and 84% of methamphetamine

2 came through ports of entry.95

3

216. From 2017-2018, 83% of fentanyl came through legal border ports of entry.96

4

217. For instance, CBP officers recently made what is being touted (including by

5 President Trump97) as the largest seizure of fentanyl in history. Some 254 pounds of the drug and

6 395 pounds of methamphetamine were discovered hidden in a floor compartment of a truck

7 loaded with cucumbers as the truck tried to enter through the port of entry at Nogales, Arizona.98

8

218. Overall, drug seizures outside legal points of entry have significantly decreased.

9 In the period 2012-2017, total drug seizures outside ports of entry dropped 62%.99

10

219. The DNI Report discusses drug trafficking from Mexico; however, it contains no

11 mention of smuggling between ports of entry.100

12

220. In fact, the DNI Report notes that as to fentanyl—one of the drugs that President

13 Trump has invoked in support of the border wall101—“Chinese synthetic drug suppliers . . .

14 probably ship the majority of US fentanyl, when adjusted for purity.”102

15

E. There Is No Factual Basis to Support the Statutory Criteria for Diverting

Funding 16

17

221. Building a border wall does not “require[] use of the armed forces” under 10

18 U.S.C. section 2808.

19

222. Construction of border fencing has been carried out by civilian contractors in

20 recent years.

21

223. In fact, in 2007, the U.S. military informed DHS that “military personnel would no

22

23

95 Id.

96 Id.

24

97 Donald J. Trump (@realDonaldTrump), Twitter (Jan. 31, 2019, 4:14 PM),

https://tinyurl.com/y4c4zxo3.

25

98 Pete Williams, Feds Make Largest Fentanyl Bust in U.S. History, NBC News (Jan. 31,

2019), https://tinyurl.com/y9zgnv7p.

26

99 CBP Enforcement Statistics FY2018, supra note 94.

100 DNI Report, supra note 68.

27

101 Trump Address on Crisis at Border, supra note 25.

102 DNI Report, supra note 68 at 18. 28

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1 longer be available to build fencing.”103

2

224. This, along with the desire to not take CBP agents away from their other duties,

3 led CBP to decide to use “commercial labor for future infrastructure projects.”104

4

225. This decision has been reflected in recent projects related to the border wall,

5 including contract awards in California105 and Arizona106 in Fall 2018.

6

226. The construction of a border wall also does not constitute a “military construction”

7 project, as defined in 10 U.S.C. section 2801. Since at least 2001, 10 U.S.C. section 2808 has

8 only been invoked to justify military construction directly linked to a military installation.107

9

227. In fact, with one exception, it has only been invoked in relation to construction at

10 military installations outside the United States.108

11

228. That single instance related to securing domestic sites at which weapons of mass

12 destruction were sited.109

13

229. Furthermore, the diversion of funding for the proposed border wall does not satisfy

14 the requirements of 10 U.S.C. section 284, the Counterdrugs Activities statute because, for the

15 reasons discussed supra, the proposed border wall will not assist in blocking “drug smuggling

16 corridors.” 10 U.S.C. § 284(b)(7).

17

F. Plaintiff States and their Residents Are Harmed by the Executive Actions

18

1. Harm caused by diversion of funding and other resources

19

230. Plaintiff States and their residents are harmed by the Executive Actions and

20 Defendants’ unlawful actions undertaken to construct the border wall. See Parties section supra.

21

103 Gov’t Accountability Office, GAO-09-244R Secure Border Initiative Fence

22

Construction Costs 7 (Jan. 29, 2009), https://tinyurl.com/y2kgefp5. 104 Id.

23

105 CBP, Border Wall Contract Awards in California (Dec. 21, 2018),

https://tinyurl.com/y3px9ubj (announcing $287 million contract with SLSCO Ltd. to build border

24 barriers).

106 CBP, Border Wall Contract Award in Arizona (Nov. 15, 2018), 25 https://tinyurl.com/y2t5u6pw (announcing $172 million contract with Barnard Construction Co.

26

to build border barriers). 107 Michael J. Vassalotti & Brendan W. McGarry, Military Construction Funding in the

27 Event of a National Emergency, Cong. Res. Serv. (Jan. 11, 2019), https://tinyurl.com/y23t8xbc. 108 Id.

28

109 Id.

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1

231. California will be harmed by the diversion of funds it receives from the federal

2 government for drug interdiction program funding, which will impact public safety and the

3 welfare of its residents.

4

232. California has been allocated $24 million in drug interdiction funds from the

5 federal government. If California loses this funding, there will be negative public safety impacts

6 arising from the impairment of the State’s criminal and narcotics operations.

7

233. Diversion of funds from the Treasury’s Forfeiture Fund will deprive California of

8 access to millions of dollars of funds that would otherwise be available for law enforcement

9 purposes, negatively impacting the public safety and welfare of California’s residents.

10

234. California also will be harmed by diversion of funding for military construction.

11

235. More funds are spent on defense in California than in any other state, with $48.8

12 billion in FY2017 alone.110

13

236. California also leads the nation in defense contract spending, with $35.2 billion

14 that same year.111 In fact, Plaintiff States collectively account for $129.8 billion in defense

15 contract spending.

16

237. Three of the top ten contract spending locations are in California (San Diego with

17 $9.2 billion, Los Angeles with $5.3 billion, and Santa Clara County with $4.8 billion).112

18

238. This defense spending—including construction—in California generates

19 significant economic activity, employment, and tax revenue.113

20

239. In FY2016, this spending generated $86.9 billion of direct economic activity in

21 California, $17.4 billion of economic activity (created through the supply chain of direct

22 activities), and $52 billion of “induced” economic activity created because of additional money in

23 the economy.114

24

110 DOD, Off. of Econ. Adjustment, Defense Spending by State Fiscal Year 2017,

25 https://tinyurl.com/yxcqugzr.

111 Id.

26

112 Id.

113 Devin Lavelle, California Statewide National Security Economic Impacts, Cal. Res.

27 Bureau (Aug. 2018), https://tinyurl.com/yxqlw43b.

114 Id.

28

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1

240. This economic activity, in turn, generates employment for Californians. In FY

2 2016, approximately 358,000 jobs were directly attributable to employment by defense agencies

3 and their contractors, 84,000 were generated through the supply chain, and 324,000 resulted from

4 economic activity induced by the additional money in the economy.115

5

241. The economic activity generated by defense spending also resulted in significant

6 tax revenues for California at the state and local level, estimated at $5.8 billion total annually,

7 including $1.9 billion in income tax, $1.7 billion in sales tax and $1.3 billion in property tax.116

8

242. Certain regions of the state particularly rely on defense spending for employment,

9 including Lassen County (with 18% of jobs reliant on defense spending) and San Diego (16%).117

10

243. In a briefing with reporters on February 15, 2019, White House officials (Acting

11 Chief of Staff Mick Mulvaney, Defendant Nielsen, and Acting Director of the Office of

12 Management and Budget Russell Vought) discussed the Administration’s plans to carry out the

13 Emergency Declaration.118 In response to a question regarding “which military construction

14 projects will see the money moved for the border wall,” one Administration official stated during

15 that briefing: “We would be looking at lower priority military construction projects. We would

16 be looking at ones that are to fix or repair a particular facility that might be able to wait a couple

17 of months into next year.”119

18

244. A number of military construction projects that could fit this description, and for

19 which funds have been appropriated but are as yet unobligated, are planned in California.120

20 These projects include repairs to existing military infrastructure. If Defendants determine that

21 these projects can wait, funding for them could be diverted to the border wall, and California

22 would be deprived of this federal funding and the resulting positive economic, employment, and

23 tax consequences.

24

115 Id.

116 Id.

25

117 Id.

118 White House, Background Press Call on President Trump’s Remarks on the National 26 Security and Humanitarian Crisis on Our Southern Border (Feb. 15, 2019). This document was

available on the White House website but then taken down that same day.

27

119 Id.

120 E.g., DOD, Construction Programs (C-1), Department of Defense Budget Fiscal Year 28 2019 (Feb. 2018), https://tinyurl.com/yy85dch9.

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1

245. If these types of projects are delayed due to the diversion of funding for border

2 wall construction, California stands to suffer economic harm.

3

246. Other Plaintiff States will suffer similar harms due to diversion of military

4 construction, drug interdiction, and drug forfeiture funding.

5

2. Environmental harms to the States of California and New Mexico

6

247. On December 12, 2018, DHS announced that if it received $5 billion in additional

7 funding, it would use this funding to construct 330 miles of new barriers along the United States-

8 Mexico border in areas that the United States Border Patrol identified as “highest priority” in each

9 of the four border states. DHS specifically identified a five-mile barrier project in the CBP’s San

10 Diego Sector (California), a nine-mile project in the CBP’s El Centro Sector (California), and a

11 nine-mile project in the CBP’s El Paso Sector (New Mexico).121

12

248. CBP’s San Diego Sector is located in San Diego County, California and

13 shares a 60-mile segment of the border with Mexico, 46 linear miles of which are already lined

14 with primary fencing.122 The only portions of the border located within the San Diego Sector that

15 are not already lined with primary fencing are located in the southeastern portion of the county in

16 or near the Otay Mountain Wilderness Area.123 Thus, the only segment of the border within the

17 San Diego Sector where DHS can construct new primary fencing, as it announced on December

18 12, 2018, are areas within or near the Otay Wilderness Area.

19

249. CBP’s El Centro Sector is located within Imperial County, California, and shares a

20 70-mile segment of the border with Mexico, 59 linear miles of which are already lined by primary

21 fencing.124 The only portions of the border located within the El Centro Sector that are not

22 already lined with primary fencing are located in the southwestern portion of Imperial County,

23

121 DHS, Walls Work (Dec. 12, 2018), https://tinyurl.com/y7ca6byc.

122 CBP, San Diego Sector California (Jan. 26, 2018), https://tinyurl.com/y5zgvftf; Gov’t 24 Accountability Off., GAO-17-331, Southwest Border Security: Additional Actions Needed to

Better Assess Fencing’s Contributions to Operations and Provide Guidance for Identifying 25 Capability Gaps 48, https://www.gao.gov/products/GAO-17-331.

123 CBP, Border Fencing – California (June 2011), https://tinyurl.com/y24zbfb4; CBP, 26 FY17 U.S. Border Patrol Apprehensions (Deportable) & Fencing (Dec. 6, 2017),

https://tinyurl.com/ydfl46zk.

27

124 CBP, El Centro Sector California (Apr. 11, 2018), https://tinyurl.com/y5kpbk2e;

Southwest Border Security, supra note 122. 28

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1 which is comprised of a mountainous landscape and the Jacumba Wilderness Area.125 Thus, the

2 only segment of the border within the El Centro Sector where DHS can construct new primary

3 fencing, as it announced on December 12, 2018, are areas within or near the Jacumba Wilderness

4 Area.

5

250. The Otay Mountain Wilderness and the Jacumba Wilderness areas are home to

6 more than 100 sensitive plant and animal species that are listed as “endangered,” “threatened,” or

7 “rare” under the federal Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq., and/or the

8 California Endangered Species Act, Cal. Fish & Game Code § 2050 et seq. These species include

9 the following federally and state endangered species: the Mexican flannel bush, Thornmint, the

10 Quino Checkerspot Butterfly, the Southwestern Willow Flycatcher, and the Peninsular Desert

11 Bighorn sheep.126 Some of the listed plant species, such as the Tecate Cypress and the Mexican

12 flannel bush, are so rare they can only be found in these wilderness areas.127 The federally and

13 state-endangered Peninsular Desert Bighorn sheep has a range that includes mountainous terrain

14 in Mexico near the United States-Mexico border and extends north across the border through the

15 Jacumba Wilderness to California’s Anza-Borrego State Park.128

16

251. The construction of border barriers within or near the Jacumba Wilderness Area

17 and the Otay Mountain Wilderness Area will have significant adverse effects on environmental

18 resources, including direct and indirect impacts to endangered or threatened wildlife. These

19 injuries to California’s public trust resources would not occur but for Defendants’ unlawful and

20 unconstitutional diversion of funds.

21

252. The construction of a border wall in the El Paso Sector along New Mexico’s

22

125 CBP, Border Fencing 2011 & 2017, supra note 123.

23

126 Cal. Dept. of Fish & Wildlife, Threatened and Endangered Species,

https://tinyurl.com/7l65784 (last visited Feb. 17, 2019); Wilderness Connect, Jacumba 24 Wilderness, https://tinyurl.com/y5yh23x5 (last visited Feb. 17, 2019); U.S. Bureau of Land

Management, Jacumba Wilderness https://tinyurl.com/y43hv424 (last visited Feb. 17, 2019); U.S. 25 Bureau of Land Management, Otay Mountain Wilderness https://tinyurl.com/y3zamvsh (last

visited Feb. 17, 2019); Wilderness Connect, Otay Mountain Wilderness,

26 https://tinyurl.com/y3ymkazn (last visited Feb. 17, 2019).

127 Wilderness Connect, Otay Mountain, supra note 126.

27

128 Cal. Dept. of Fish & Wildlife, Peninsular Desert Bighorn Sheep

https://tinyurl.com/yyvu5kwa (last visited Feb. 17, 2019). 28

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1 southern border will have significant adverse effects on the State’s environmental resources,

2 including direct and indirect impacts to endangered or threatened wildlife.

3

253. If Defendants use the diverted funding announced in President Trump’s February

4 15 Executive Actions to construct any of the border wall in New Mexico, it will impose

5 environmental harm to the State. The environmental damage caused by a border wall in New

6 Mexico would include the blocking of wildlife migration, flooding, and habitat loss.129

7

254. The Chihuahuan desert bisected by the New Mexico-Mexico border is the most

8 biologically diverse desert in the Western Hemisphere.130 Species common along the border are a

9 number of endangered, threatened, and candidate species including the beautiful shiner,

10 Chiricahua leopard frog, jaguar, lesser long-nosed bat, loach minnow, Mexican long-nosed bat,

11 Mexican spotted owl, Mexican wolf, narrow-headed gartersnake, New Mexican ridge-nosed rattle

12 snake, northern aplomado falcon, northern Mexican gartersnake, southwestern willow flycatcher,

13 spikedace, and yellow billed cuckoo.131 A barrier built in the Chihuahuan desert is likely to

14 disrupt or destroy habitat of these migratory animals, nesting birds and reclusive reptiles.

15

255. In particular, New Mexico’s border is also home to the endangered Mexican gray

16 wolf, the rarest subspecies of gray wolf in North America, which was nearly extirpated by the

17 1970s and only recently reintroduced.132 A wall impossible to breach may make it impossible for

18 the wolf to disperse across the border to reestablish recently extirpated populations or bolster

19 small existing populations. On March 14, 2018, the New Mexico Department of Game and Fish

20 signed an agreement with the United States Department of Fish and Wildlife to increase

21 cooperation in reintroduction of this species to the wild, evidencing the State’s commitment to

22 129 See Robert Peters et al., Nature Divided, Scientists United: US–Mexico Border Wall

23 Threatens Biodiversity and Binational Conservation, BioScience (Oct. 2018),

https://tinyurl.com/y3t4ymfn.

24

130 Nat’l Park Service, Chihuahuan Desert Ecoregion (Sept. 20, 2018),

25

https://www.nps.gov/im/chdn/ecoregion.htm. 131 U.S. Fish & Wildlife Serv., Species By County Report, https://tinyurl.com/yxmwz9qm

26 (Hidalgo County, NM); https://tinyurl.com/y4ojwrtq (Luna County, NM) (last visited Feb. 17, 2019).

27

132 U.S. Fish & Wildlife Serv., Mexican Wolf, https://tinyurl.com/y2hf5ea2 (last visited

Feb. 17, 2019). 28

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1 preventing the extinction of this species.

2

256. The segment of New Mexico’s border with Mexico that does not already have

3 primary fencing is in the State’s “bootheel” region.133 If Defendants’ diverted funding resulted in

4 the construction of a barrier in New Mexico’s bootheel, it would cause environmental harm in

5 one of the State’s most ecologically pristine and fragile regions. The bootheel is where temperate

6 and subtropical climates converge, making it another of the most biologically diverse regions in

7 the world, home to jaguars and wolves that coexist along the U.S.-Mexico border.134 Recognizing

8 the ecological importance of this region, the U.S. Fish and Wildlife Service has designated large

9 segments of the bootheel’s border with Mexico as critical habitat for the jaguar.135

10

257. Defendant DHS has not engaged in a public review of these adverse effects. By

11 failing to do so at the earliest possible stage of the project’s planning process, DHS is violating

12 the requirements of NEPA. Robertson v. Methow Valley Citizen Council, 490 U.S. 332, 348-49

13 (1989); 40 C.F.R. §§ 1508.27(b)(9), (10). California and New Mexico have suffered, and will

14 continue to suffer, injuries to their procedural rights under NEPA and the Administrative

15 Procedure Act (APA), 5 U.S.C. § 551, and injuries to their concrete, quasi-sovereign interests

16 relating to the preservation of wildlife resources within their boundaries, including but not limited

17 to wildlife on state properties. Massachusetts v. EPA, 549 U.S. 497, 519-24 (2007); Sierra Forest

18 Legacy, 646 F.3d at 1178.

19

FIRST CLAIM FOR RELIEF

20

VIOLATION OF CONSTITUTIONAL SEPARATION OF POWERS

21

258. Plaintiff States incorporate the allegations of the preceding paragraphs by

22 reference.

23

259. Article I, Section 1 of the United States Constitution enumerates that “[a]ll

24 legislative Powers herein granted shall be vested in [the] Congress.” Article I, Section 8 of the

25

133 CBP, Border Fencing - New Mexico/West Texas (June 2011),

26

https://tinyurl.com/y24zbfb4. 134 Lauren Villagran, Land That Time Forgot, Albuquerque J. (Apr. 30, 2017),

27 https://tinyurl.com/mxqht6r. 135 U.S. Fish & Wildlife Serv., Jaguar (Panthera onca), https://tinyurl.com/y6qpjdjl (last

28 visited Feb. 17, 2019); 79 Fed. Reg. 12571 (Mar. 5, 2014).

49

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Case 4:19-cv-00872-HSG Document 1 Filed 02/18/19 Page 50 of 57

1 United States Constitution vests exclusively in Congress the spending power to “provide for

2 the . . . General Welfare of the United States.”

3

260. Article I, Section 7, Clause 2 of the United States Constitution, known as the

4 Presentment Clause, requires that all bills passed by the House of Representatives and the Senate

5 be presented to the President for signature. The President then has the choice to sign or veto the

6 bill. Article II, Section 3 of the United States Constitution requires that the President “shall take

7 Care that the Laws be faithfully executed.”

8

261. The President acts at the lowest ebb of his power if he acts contrary to the

9 expressed or implied will of Congress. Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579,

10 637 (1952) (Jackson, J., concurring). Moreover, there is no provision in the United States

11 Constitution that authorizes the President to enact, amend, or repeal statutes, including

12 appropriations already approved by Congress and signed into law by the President. Clinton v.

13 City of New York, 524 U.S. 417, 438 (1998).

14

262. Defendants have violated the United States Constitution’s separation of powers

15 doctrine by taking executive action to fund a border wall for which Congress has refused to

16 appropriate funding. The 2019 Appropriations Act is an explicit denial of the President’s

17 requested funding for a border wall. Defendants have further violated the separation of powers

18 doctrine—specifically the Presentment Clause—by unilaterally diverting funding that Congress

19 already appropriated for other purposes to fund a border wall for which Congress has provided no

20 appropriations.

21

263. For the reasons stated herein, Plaintiffs are entitled to a declaration that

22 Defendants’ diversion of funding toward the construction of a border wall is unconstitutional, and

23 the Court should enjoin Defendants’ implementation of the President’s Executive Actions.

24

SECOND CLAIM FOR RELIEF

25

VIOLATION OF APPROPRIATIONS CLAUSE

26

264. Plaintiff States incorporate the allegations of the preceding paragraphs by

27 reference.

28

265. Article I, Section 9, Clause 7, known as the Appropriations Clause, provides that

50

Complaint for Declaratory and Injunctive Relief

Case 4:19-cv-00872-HSG Document 1 Filed 02/18/19 Page 51 of 57

1 “[n]o Money shall be drawn from the treasury, but in Consequence of Appropriations made by

2 Law.” The Appropriations Clause is a “straightforward and explicit command” that “no money

3 can be paid out of the Treasury unless it has been appropriated by an act of Congress.” Office of

4 Pers. Mgmt. v. Richmond, 496 U.S. 414, 424 (1990) (quoting Cincinnati Soap Co. v. United

5 States, 301 U.S. 308, 321 (1937)).

6

266. Congress has not authorized or appropriated the funding that President Trump has

7 declared he will use towards the construction of a border wall. Defendants have therefore

8 violated the Appropriations Clause by funding construction of the border wall with funds that

9 were not appropriated for that purpose.

10

267. For the reasons stated herein, Plaintiffs are entitled to a declaration that

11 Defendants’ diversion of funding toward the construction of a border wall is unconstitutional, and

12 the Court should enjoin Defendants’ implementation of the President’s Executive Actions.

13

THIRD CLAIM FOR RELIEF

14

ULTRA VIRES

15

268. Plaintiff States incorporate the allegations of the preceding paragraphs by

16 reference.

17

269. Neither the President nor an agency can take any action that exceeds the scope of

18 their constitutional and/or statutory authority.

19

270. The President has acted ultra vires in seeking to divert funding pursuant to the

20 National Emergencies Act because no emergency exists to warrant the invocation of that statute.

21

271. In addition, Defendants have acted ultra vires in seeking to divert funding pursuant

22 to 10 U.S.C. section 2808 for failure to meet the criteria required under that statute. The

23 construction of the border wall: (a) is not a “military construction project”; (b) does not “require[]

24 use of the armed forces”; and (c) is not “necessary to support such use of the armed forces.”

25

272. Defendants have acted ultra vires in seeking to divert funding pursuant to 10

26 U.S.C. section 284 for failure to meet the criteria required under that statute. The construction of

27 the border wall: (a) does not constitute the construction of a road or fence; and (b) does not assist

28 the blocking of “drug smuggling corridors.” 51

Complaint for Declaratory and Injunctive Relief

Case 4:19-cv-00872-HSG Document 1 Filed 02/18/19 Page 52 of 57

1

273. Defendants have acted ultra vires in seeking to divert funding pursuant to 31

2 U.S.C. section 9705 for failure to meet the criteria required under that statute.

3

274. For the reasons stated herein, Plaintiffs are entitled to a declaration that

4 Defendants’ diversion of funding toward the construction of a border wall is unlawful, and the

5 Court should enjoin Defendants’ implementation of the President’s Executive Actions.

6

FOURTH CLAIM FOR RELIEF

7

VIOLATION OF NATIONAL ENVIRONMENTAL POLICY ACT

8

(For Plaintiff States California and New Mexico)

9

275. Plaintiff States incorporate the allegations of the preceding paragraphs by

10 reference.

11

276. Defendant DHS is an “agency” under the APA, 5 U.S.C. § 552(1).

12

277. Defendant DHS has taken final agency action by proposing southern border wall

13 development projects in “high priority” areas and has identified specific projects along the border

14 in the El Centro, San Diego, and El Paso Sectors.136

15

278. Defendants, through the Executive Actions, have taken steps to divert federal

16 funding and other resources for those southern border wall construction projects.

17

279. NEPA compels federal agencies such as Defendant DHS to evaluate and consider

18 the direct, indirect and cumulative effects that a proposed development project or program will

19 have on the environment by requiring the agency to prepare an EIS that analyzes a reasonable

20 range of alternatives and compares each alternative’s environmental impacts. 40 C.F.R. §§

21 1502.16, 1508.7, 1508.8, l508.27(b)(7). The EIS must also include an analysis of the affected

22 areas and resources and the environmental consequences of the proposed action and the

23 alternatives. 40 C.F.R. §§ 1502.10- 1502.19. The agency must commence preparation of the EIS

24 “as close as possible to the time that the agency is developing or is presented with a proposal” so

25 that the environmental effects of each alternative can be evaluated in a meaningful way. 40

26

136 The proposed projects are not located within areas covered by any existing waiver

issued by DHS pursuant to section 102 of the Illegal Immigration Reform and Immigrant 27 Responsibility Act (8 U.S.C. § 1103 note). 84 Fed. Reg. 2897 (February 8, 2019); 83 Fed. Reg.

3012 (January 22, 2018); 82 Fed. Reg. 42829 (September 12, 2017); 82 Fed. Reg. 35984 (August 28 2, 2017).

52

Complaint for Declaratory and Injunctive Relief

Case 4:19-cv-00872-HSG Document 1 Filed 02/18/19 Page 53 of 57

1 C.F.R. § 1502.23.

2

280. Defendant DHS is in violation of NEPA and the APA because it failed to prepare

3 an EIS concerning border wall development projects that will have adverse effects on the

4 environment, including but not limited to direct, indirect and cumulative impacts on plant and

5 animal species that are listed as endangered or threatened under the Endangered Species Act

6 and/or California Endangered Species Act.

7

281. The imminency of this action is shown by the Trump Administration’s expression

8 of its intent to move quickly with the construction of the border wall, with a senior advisor to the

9 White House reportedly saying that the Administration will proceed with construction at a speed

10 that will “shock” people.137 In addition, during his speech announcing the Emergency

11 Declaration, President Trump spoke of his desire to build the wall “much faster” that he could

12 otherwise.138

13

282. The States of California and New Mexico have concrete and particularized

14 interests in the protection of their own proprietary interests near the border as well as the

15 protection of natural, historical, cultural, economic, and recreational resources within their

16 jurisdictional boundaries. Defendants’ failure to comply with NEPA and the APA injures and

17 denies California’s and New Mexico’s procedural rights necessary to protect these interests.

18

PRAYER FOR RELIEF

19

WHEREFORE, Plaintiff States respectfully request that this Court enter judgment in their

20 favor, and grant the following relief:

21

1. Issue a judicial declaration that the Executive Actions’ diversion of federal funds

22 toward construction of a border wall is unconstitutional and/or unlawful because it: (a) violates

23 the separation of powers doctrine; (b) violates the Appropriations Clause; and (c) exceeds

24 congressional authority conferred to the Executive Branch and is ultra vires;

25

2. The States of California and New Mexico seek a judicial declaration that

26 Defendants violated NEPA and the APA and further seek an order enjoining DHS, requiring it to

27

137 Rachael Bade et al., ‘A Recipe for Disaster’? Trump’s Border Emergency Drags the

GOP into a Risky Fight Ahead of 2020, Wash. Post (Feb. 15, 2019), https://tinyurl.com/y4l3lu99.

28

138 White House, President Trump’s Feb. 15, 2019, Remarks, supra note 50.

53

Complaint for Declaratory and Injunctive Relief

Case 4:19-cv-00872-HSG Document 1 Filed 02/18/19 Page 54 of 57

1 comply with NEPA and the APA—including preparing an EIS—before taking any further action

2 pursuant to the Executive Actions;

3

3. Permanently enjoin Defendants from constructing a border wall without an

4 appropriation by Congress for that purpose;

5

4. Permanently enjoin Defendants from diverting federal funding toward construction

6 of a border wall; and

7

5. Grant such other relief as the Court may deem just and proper.

8

9 Dated: February 18, 2019 10 11 12 13 14 15

Respectfully submitted,
XAVIER BECERRA Attorney General of California ROBERT W. BYRNE SALLY MAGNANI MICHAEL L. NEWMAN Senior Assistant Attorneys General MICHAEL P. CAYABAN CHRISTINE CHUANG EDWARD H. OCHOA Supervising Deputy Attorneys General

16

/s/ Lee Sherman

LEE I. SHERMAN (SBN 272271)

17

HEATHER C. LESLIE

JANELLE M. SMITH

18

JAMES F. ZAHRADKA II

Deputy Attorneys General

19

300 S. Spring St., Suite 1702

20

Los Angeles, CA 90013 Telephone: (213) 269-6404

21

Fax: (213) 897-7605

E-mail: Lee.Sherman@doj.ca.gov

22

Attorneys for Plaintiff State of California

23

24

25

26

27

28 54

Complaint for Declaratory and Injunctive Relief

Case 4:19-cv-00872-HSG Document 1 Filed 02/18/19 Page 55 of 57

1 Philip J. Weiser Attorney General of Colorado
2 /s/ Eric R. Olson
3 Eric R. Olson (pro hac vice pending) Solicitor General
4 Attorneys for Plaintiff the State of Colorado
5
6
7
8 KATHLEEN JENNINGS
9 Attorney General of Delaware AARON R. GOLDSTEIN
10 Chief Deputy Attorney General ILONA KIRSHON
11 Deputy State Solicitor
12 /s/ David J. Lyons DAVID J. LYONS
13 Deputy Attorney General Attorneys for Plaintiff State of Delaware
14
15
16 KWAME RAOUL Attorney General
17 State of Illinois 100 West Randolph Street, 12th Floor
18 Chicago IL 60601
19 By: /s/ Caleb Rush Caleb Rush
20 Assistant Attorney General David L. Franklin, Solicitor General
21 100 West Randolph Street, 12th Floor Chicago IL 60601
22 (312) 814-5376 crush@atg.state.il.us
23 Attorneys for Plaintiff State of Illinois
24
25
26
27
28

WILLIAM TONG Attorney General of Connecticut
/s/ Margaret Q. Chapple MARGARET Q. CHAPPLE (pro hac vice forthcoming) Deputy Attorney General 55 Elm Street Hartford, CT 06106 Telephone: (860) 808-5316 Margaret.chapple@ct.gov Attorneys for Plaintiff State of Connecticut
CLARE E. CONNORS Attorney General of Hawaii
/s/ Clyde J. Wadsworth CLYDE J. WADSWORTH Solicitor General Department of the Attorney General 425 Queen Street Honolulu, Hawaii 96813 Telephone: (808) 586-1360 E-mail: Clyde.J.Wadsworth@hawaii.gov Attorneys for Plaintiff State of Hawaii
BRIAN E. FROSH Attorney General of Maryland
/s/ Jeffrey P. Dunlap Jeffrey P. Dunlap (pro hac vice forthcoming) Assistant Attorney General 200 Saint Paul Place, 20th Floor Baltimore, MD 21202 (410) 576-6300 jdunlap@oag.state.md.us Attorneys for Plaintiff State of Maryland
55

Complaint for Declaratory and Injunctive Relief

Case 4:19-cv-00872-HSG Document 1 Filed 02/18/19 Page 56 of 57

1 AARON M. FREY

Dana Nessel

ATTORNEY GENERAL OF MAINE

Michigan Attorney General

2 SUSAN P. HERMAN (pro hac vice pending) P.O. Box 30212

Deputy Attorney General

Lansing, Michigan 48909

3 6 State House Station

Augusta, Maine 04333-0006

/s/ B. Eric Restuccia

4 Telephone: (207) 626-8814

Assistant Attorney General B. Eric Restuccia

Email: susan.herman@maine.gov

(P49550) (pro hac vice pending)

5 Attorneys for Plaintiff State of Maine

Solicitor General Fadwa A. Hammoud

Attorneys for Plaintiff State of Michigan 6

7

KEITH ELLISON Attorney General of Minnesota

8 JOHN KELLER Chief Deputy Attorney General

AARON D. FORD Attorney General of Nevada

9 JAMES W. CANADAY Deputy Attorney General
10

/s/ Heidi Parry Stern HEIDI PARRY STERN Solicitor General

11

/s/ Jacob Campion

Office of the Nevada Attorney General

JACOB CAMPION (pro hac vice forthcoming) 100 North Carson Street

12 Assistant Attorney General 445 Minnesota Street, Suite 1100

Carson City, Nevada 89701-4717 775-684-1100 775-684-1108 Fax

13 St. Paul, Minnesota 55101-2128

Attorneys for Plaintiff State of Nevada

Telephone: (651) 757-1459

14 Email: jacob.campion@ag.state.rnn.us

15 Attorneys for Plaintiff State of Minnesota

16

GURBIR S. GREWAL Attorney General of New Jersey

HECTOR BALDERAS Attorney General of New Mexico

17 /s/ Jeremy Feigenbaum

18

JEREMY FEIGENBAUM Assistant Attorney General

19

New Jersey Attorney General’s Office Richard J. Hughes Justice Complex

20

25 Market Street Trenton, NJ 08625

21

(609) 376-3235 Jeremy.Feigenbaum@njoag.gov

22 Attorneys for Plaintiff State of New Jersey

23

24

/s/ Tania Maestas TANIA MAESTAS (pro hac vice forthcoming) Chief Deputy Attorney General NICHOLAS M. SYDOW Civil Appellate Chief JENNIE LUSK Assistant Attorney General, Director MATTHEW L. GARCIA Governor’s General Counsel PO Drawer 1508 Santa Fe, New Mexico 87504-1508 E-mail: tmaestas@nmag.gov Attorneys for Plaintiff State of New Mexico, by and through Attorney General Hector Balderas

25

26

27

28 56

Complaint for Declaratory and Injunctive Relief

Case 4:19-cv-00872-HSG Document 1 Filed 02/18/19 Page 57 of 57

1 LETITIA JAMES Attorney General of the State of New York
2
3 By: /s/ Matthew Colangelo Matthew Colangelo
4 Chief Counsel for Federal Initiatives

ELLEN ROSENBLUM Attorney General of Oregon Henry Kantor (pro hac vice pending) Special Counsel to Attorney General
/s/ J. Nicole Defever J. NICOLE DEFEVER SBN #191525

Steven C. Wu, Deputy Solicitor General 5 Eric R. Haren, Special Counsel

Senior Assistant Attorney General Attorney for the State of Oregon

Gavin McCabe, Special Assistant Attorney 6 General

7 Amanda Meyer, Assistant Attorney General Office of the New York State Attorney General

8 28 Liberty Street

New York, NY 10005 9 Phone: (212) 416-6057

10

matthew.colangelo@ag.ny.gov Attorneys for the State of New York

11 MARK R. HERRING

12 Attorney General

TOBY J. HEYTENS 13 Solicitor General

14

Counsel of Record MATTHEW R. MCGUIRE

15 Principal Deputy Solicitor General

16

/s/ Michelle S. Kallen 17 MICHELLE S. KALLEN

18

Deputy Solicitor General BRITTANY M. JONES (pro hac vice

19 forthcoming) Attorney

20 Office of the Attorney General

202 North Ninth Street 21 Richmond, Virginia 23219

22 (804) 786-7240 – Telephone (804) 371-0200 – Facsimile

23 SolicitorGeneral@oag.state.va.us Attorney for Plaintiff Commonwealth of

24 Virginia

25

26

27

28 57

Complaint for Declaratory and Injunctive Relief

 
 U.S. District Court California Northern District (Oakland) CIVIL DOCKET FOR CASE #: 4:19-cv-00892-HSG

Sierra Club et al v. Trump et al

Date Filed: 02/19/2019

Assigned to: Judge Haywood S Gilliam, Jr

Jury Demand: None

Relate Case Cases: 4:19-cv-00872-HSG 4:20-cv-01494-HSG
Case in other court: Ninth Circuit Court of Appeals, 19-16102

Nature of Suit: 890 Other Statutory Actions Jurisdiction: U.S. Government Defendant

Ninth Circuit Court of Appeals, 19-

16300

Ninth Circuit Court of Appeals, 19-

17501

U.S. Supreme Court, 19A60

U.S. Supreme Court, 20-00138

Cause: 42:4321 Review of Agency Action-Environment

Plaintiff Sierra Club

represented by Dror Ladin American Civil Liberties Union Foundation 125 Broad Street 18th Floor New York, NY 10004 212-549-2500 Email: dladin@aclu.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Andre Ivan Segura ACLU Foundation of Northern California, Inc. PO Box 8306 Houston, TX 77288 713-325-7011 Fax: 713-942-8966 Email: asegura@aclutx.org ATTORNEY TO BE NOTICED

Christine Patricia Sun ACLU Foundation of Northern

California 39 Drumm Street San Francisco, CA 94111 (415) 621-2493 Fax: (415) 255-8437 Email: csun@aclunc.org TERMINATED: 09/17/2019
David A Donatti ACLU of Texas P.O. Box 8306 Houston, TX 77288 713-325-7011 Email: ddonatti@aclutx.org PRO HAC VICE ATTORNEY TO BE NOTICED
Gloria Diantha Smith Sierra Club 2101 Webster Street Suite 1300 Oakland, CA 94612 415-977-5772 Email: gloria.smith@sierraclub.org ATTORNEY TO BE NOTICED
Hina Shamsi American Civil Liberties Union Foundation 125 Broad Street, 18th Floor New York, NY 10019 212-549-2500 Email: hshamsi@aclu.org PRO HAC VICE ATTORNEY TO BE NOTICED
Jonathan L. Hafetz One Newark Center Newark, NJ 07102 (917) 355-6896 Email: jonathan.hafetz@shu.edu PRO HAC VICE ATTORNEY TO BE NOTICED
Mollie M Lee Attorney General's Office

455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 415-510-4439 Email: mollie.lee@doj.ca.gov TERMINATED: 06/05/2020
Noor Zafar American Civil Liberties Union Foundation 125 Broad Street 18th Floor New York, NY 10004 212-549-2500 Email: nzafar@aclu.org PRO HAC VICE ATTORNEY TO BE NOTICED
Omar C. Jadwat ACLU Foundation Immigrants' Rights Project 125 Broad Street, 18th Floor New York, NY 10004 (212) 549-2620 Fax: (212) 549-2654 Email: ojadwat@aclu.org PRO HAC VICE ATTORNEY TO BE NOTICED
Sanjay Narayan Sierra Club 2101 Webster St Suite 1300 Oakland, CA 94612 415-977-5769 Email: sanjay.narayan@sierraclub.org ATTORNEY TO BE NOTICED
Vasudha Talla ACLU Foundation of Northern California, Inc. 39 Drumm Street San Francisco, CA 94111 (415) 621-2493 Fax: (415) 255-8437

Plaintiff
Southern Border Communities Coalition

Email: vtalla@aclunc.org ATTORNEY TO BE NOTICED
Cecillia Derphine Wang American Civil Liberties Union Foundation Immigrants Rights Project 39 Drumm Street San Francisco, CA 94111 415-343-0775 Fax: 415-395-0950 Email: cwang@aclu.org ATTORNEY TO BE NOTICED
represented by Dror Ladin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Andre Ivan Segura (See above for address) ATTORNEY TO BE NOTICED
Christine Patricia Sun (See above for address) TERMINATED: 09/17/2019
David A Donatti (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hina Shamsi (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Jonathan L. Hafetz (See above for address) ATTORNEY TO BE NOTICED
Mollie M Lee (See above for address) TERMINATED: 06/05/2020

V.
Defendant
Donald J. Trump in his official capacity

Noor Zafar (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Omar C. Jadwat (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Vasudha Talla (See above for address) ATTORNEY TO BE NOTICED
Cecillia Derphine Wang (See above for address) ATTORNEY TO BE NOTICED
represented by Andrew Irwin Warden U.S. Department of Justice, Civil Division 1100 L. Street, NW Washington, DC 20530 202-616-5084 Fax: 202-616-8460 Email: andrew.warden@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rachael Westmoreland U.S. Department of Justice Civil Division P.O. Box 883 Washington, DC 20044 (202) 514-1280 Email: rachael.westmoreland@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Grant

Defendant Patrick M. Shanahan in his official capacity TERMINATED: 06/28/2019
Defendant Kirstjen M. Nielsen in her official capacity TERMINATED: 06/28/2019

U.S. Department of Justice Environment and Natural Resources Division 950 Pennsylvania Avenue, N.W., Room 2611 Washington, DC 20530 (202) 514-0943 Email: eric.grant@usdoj.gov ATTORNEY TO BE NOTICED
James Mahoney Burnham United States Department of Justice 950 Pennsylvania Ave, NW Room 3131 Washington, DC 20530 202-353-5049 Email: james.burnham@usdoj.gov TERMINATED: 02/04/2020
represented by Andrew Irwin Warden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rachael Westmoreland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Grant (See above for address) ATTORNEY TO BE NOTICED
James Mahoney Burnham (See above for address) TERMINATED: 02/04/2020
represented by Andrew Irwin Warden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rachael Westmoreland

Defendant Steven Mnuchin in his official capacity
Defendant Mark T Esper in his official capacity as Acting Secretary of Defense

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Grant (See above for address) ATTORNEY TO BE NOTICED
James Mahoney Burnham (See above for address) TERMINATED: 02/04/2020 ATTORNEY TO BE NOTICED
represented by Andrew Irwin Warden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rachael Westmoreland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Grant (See above for address) ATTORNEY TO BE NOTICED
James Mahoney Burnham (See above for address) TERMINATED: 02/04/2020
represented by Andrew Irwin Warden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rachael Westmoreland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Grant (See above for address)

Defendant Kevin K. McAleenan in his official capacity as Acting Secretary of Homeland Security
Amicus United States House of Representatives
Amicus United States House of Representatives

ATTORNEY TO BE NOTICED
James Mahoney Burnham (See above for address) TERMINATED: 02/04/2020
represented by Andrew Irwin Warden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rachael Westmoreland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Grant (See above for address) ATTORNEY TO BE NOTICED
James Mahoney Burnham (See above for address) TERMINATED: 02/04/2020
represented by Douglas N. Letter U.S. House of Representatives Office of General Counsel 219 Cannon House Office Building Washington, DC 20515 202-225-9700 Email: douglas.letter@mail.house.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Douglas N. Letter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Megan Barbero U.S. House of Representatives

Amicus Brennan Center for Justice TERMINATED: 05/07/2019
Amicus Christopher Shays

Office of General Counsel 219 Cannon HOB Washington, DC 20515 202-225-9700 Email: megan.barbero@mail.house.gov ATTORNEY TO BE NOTICED
represented by Elizabeth Goitein Brennan Center for Justice 1140 Connecticut Ave. NW Ste. 1150 Washington, DC 20036 (202) 249-7192 Email: goiteine@brennan.law.nyu.edu PRO HAC VICE ATTORNEY TO BE NOTICED
Joseph Andrew Boyle Brennan Center for Justice 1140 Connecticut Avenue NW Suite 1150 Washington, DC 20036 202-753-5909 Email: boylea@brennan.law.nyu.edu PRO HAC VICE ATTORNEY TO BE NOTICED
represented by David W. Evans Haight Brown & Bonesteel LLP Three Embarcadero Center Suite 200 San Francisco, CA 94111-4005 415-546-7500 Fax: (415) 546-7505 Email: devans@hbblaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Mancino Willkie Farr and Gallagher LLP

Amicus Christine Todd Whitman

787 Seventh Avenue New York, NY 10019 212-278-8000 Email: rmancino@willkie.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Howard Michael Garfield Haight, Brown, & Bonesteel Three Embacadero Center, Suite 200 San Francisco, CA 94111 (415) 546-7500 Fax: (415) 546-7505 Email: hgarfield@hbblaw.com ATTORNEY TO BE NOTICED
Matthew Richard Dollan Willkie Farr Gallagher LLP 787 7th Avenue New York, NY 10019 (212)728-8583 Email: mdollan@willkie.com TERMINATED: 05/09/2019 PRO HAC VICE
Richard D. Bernstein Willkie Farr and Gallagher LLP 1875 K Street Washington, DC 20006 202-303-1000 Email: rbernstein@willkie.com ATTORNEY TO BE NOTICED
Shaimaa M Hussein Willkie Farr Gallagher LLP 787 7th Avenue New York, NY 10019 (212)728-8638 Email: mao@willkie.com ATTORNEY TO BE NOTICED
represented by David W. Evans (See above for address) LEAD ATTORNEY

Amicus Peter Keisler

ATTORNEY TO BE NOTICED
Richard Mancino (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Howard Michael Garfield (See above for address) ATTORNEY TO BE NOTICED
Matthew Richard Dollan (See above for address) TERMINATED: 05/09/2019 PRO HAC VICE
Richard D. Bernstein (See above for address) ATTORNEY TO BE NOTICED
Shaimaa M Hussein (See above for address) ATTORNEY TO BE NOTICED
represented by David W. Evans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Mancino (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Howard Michael Garfield (See above for address) ATTORNEY TO BE NOTICED
Matthew Richard Dollan (See above for address) TERMINATED: 05/09/2019 PRO HAC VICE

Amicus Carter Phillips
Amicus John Bellinger, III

Richard D. Bernstein (See above for address) ATTORNEY TO BE NOTICED
Shaimaa M Hussein (See above for address) ATTORNEY TO BE NOTICED
represented by David W. Evans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Mancino (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Howard Michael Garfield (See above for address) ATTORNEY TO BE NOTICED
Matthew Richard Dollan (See above for address) TERMINATED: 05/09/2019 PRO HAC VICE
Richard D. Bernstein (See above for address) ATTORNEY TO BE NOTICED
Shaimaa M Hussein (See above for address) ATTORNEY TO BE NOTICED
represented by David W. Evans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Mancino (See above for address)

Amicus Stanley Twardy

LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Howard Michael Garfield (See above for address) ATTORNEY TO BE NOTICED
Matthew Richard Dollan (See above for address) TERMINATED: 05/09/2019 PRO HAC VICE
Richard D. Bernstein (See above for address) ATTORNEY TO BE NOTICED
Shaimaa M Hussein (See above for address) ATTORNEY TO BE NOTICED
represented by David W. Evans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Mancino (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Howard Michael Garfield (See above for address) ATTORNEY TO BE NOTICED
Matthew Richard Dollan (See above for address) TERMINATED: 05/09/2019 PRO HAC VICE
Richard D. Bernstein (See above for address) ATTORNEY TO BE NOTICED

Amicus Richard Bernstein
Amicus Amici Curiae Former Members of Congress

Shaimaa M Hussein (See above for address) ATTORNEY TO BE NOTICED
represented by David W. Evans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Mancino (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Howard Michael Garfield (See above for address) ATTORNEY TO BE NOTICED
Matthew Richard Dollan (See above for address) TERMINATED: 05/09/2019 PRO HAC VICE
Richard D. Bernstein (See above for address) ATTORNEY TO BE NOTICED
Shaimaa M Hussein (See above for address) ATTORNEY TO BE NOTICED
represented by Douglas Andrew Winthrop Arnold & Porter LLP Three Embarcadero Center 10th Floor San Francisco, CA 94111-4024 415-471-3100 Fax: 415-471-3400 Email: douglas.winthrop@aporter.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amicus Erwin Chemerinsky
Amicus Michael C. Dorf
Amicus David A. Strauss
Amicus Stephen I. Vladeck
Amicus 58 Religious Organizations

represented by Elizabeth B. Wydra Constitutional Accountability Center 1200 18th Street, NW Suite 501 Washington, DC 20036 202 296 6889 Fax: 202 296 6895 Email: elizabeth@theusconstitution.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elizabeth B. Wydra (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elizabeth B. Wydra (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elizabeth B. Wydra (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gary T. Lafayette Lafayette & Kumagai LLP 1300 Clay Street, Suite 810 Oakland, CA 94612 (415) 357-4600 Fax: (415) 357-4605 Email: glafayette@lkclaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Adeel A. Mangi Patterson Belknap Webb & Tyler

Amicus

LLP 1133 Avenue of the Americas New York, NY 10036 212-336-2000 Email: aamangi@pbwt.com ATTORNEY TO BE NOTICED
Brian H. Chun Lafayette & Kumagai LLP 1300 Clay Street, Suite 810 Oakland, CA 94612 (415) 357-4600 Fax: (415) 357-4605 Email: bchun@lkclaw.com ATTORNEY TO BE NOTICED
Mohammed Amir Badat Patterson Belknap Webb and Tyler LLP 1133 Sixth Ave. Floor 24 New York, NY 10036 212-336-2527 Email: abadat@pbwt.com ATTORNEY TO BE NOTICED
Steven A. Zalesin Patterson Belknap Webb and Tyler LLP 1133 Avenue of the Americas New York, NY 10036-6710 212-336-2000 Email: sazalesin@pbwt.com ATTORNEY TO BE NOTICED
Zachary Kolodin Patterson Belknap Webb Tyler LLP 1133 Avenue of the Americas NEW YORK, NY 10036-6710 United Sta 212-336-2642 Email: zkolodin@pbwt.com TERMINATED: 05/16/2019

Brennan Center for Justice at NYU School of Law
Amicus CATO Institute
Amicus National Immigration Law Center
Amicus NAACP Legal Defense and Educational Fund, Inc.

represented by Elizabeth Goitein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Ramraj Singh Weil, Gotshal and Manges LLP 201 Redwood Shores Parkway 5th Floor Redwood Shores, CA 94065 650-802-3000 Fax: 650-802-3100 Email: david.singh@weil.com ATTORNEY TO BE NOTICED
Joseph Andrew Boyle (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
represented by Elizabeth Goitein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Ramraj Singh (See above for address) ATTORNEY TO BE NOTICED
represented by Nicholas David Espiritu National Immigration Law Center 3450 Wilshire Blvd #108-62 LOS ANGELES, CA 90010 213-639-3900 Fax: 213-639-3911 Email: espiritu@nilc.org ATTORNEY TO BE NOTICED
represented by Michaele Nicole Turnage Young NAACP Legal Defense and Educational Fund, Inc. 700 14th St. NW

Amicus Former U.S. Government Officials
Amicus Asian Americans Advancing Justice- AAJC

Suite 600 Washington, DC 20005 202-682-1300 Email: mturnageyoung@naacpldf.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kathleen R. Hartnett Cooley LLP 101 California Street San Francisco, CA 94111 (415) 693 2071 Email: khartnett@cooley.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Harold Hongju Koh Yale Law School Rule of Law Clinic 127 Wall Street New Haven, CT 06520-8215 203-432-4932 Email: harold.koh@ylsclinics.org ATTORNEY TO BE NOTICED
Phillip Michael Spector Messing and Spector LLP 1200 STEUART ST UNIT 2112 Baltimore, MD 21230 202-277-8173 Email: ps@messingspector.com ATTORNEY TO BE NOTICED
represented by Nicholas David Espiritu National Immigration Law Center National Immigration Law Center 3450 Wilshire Blvd #108-62 LOS ANGELES, CA 90010 United Sta 213-639-3900 Fax: 213-639-3911

Amicus Asian Americans Advancing Justice - Los Angeles
Amicus AALDEF
Amicus Black Alliance for Just Immigration
Amicus LatinoJustice PRLDEF
Amicus Tohono O'odham Nation

Email: espiritu@nilc.org ATTORNEY TO BE NOTICED
represented by Nicholas David Espiritu (See above for address) ATTORNEY TO BE NOTICED
represented by Nicholas David Espiritu (See above for address) ATTORNEY TO BE NOTICED
represented by Nicholas David Espiritu (See above for address) ATTORNEY TO BE NOTICED
represented by Nicholas David Espiritu (See above for address) ATTORNEY TO BE NOTICED
represented by Joshua Owen Rees Tohono O'odham Nation PO Box 830 Sells, AZ 85634 520-383-3410 Email: joshua.rees@tonationnsn.gov LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jessica L. Duggan Dentons US LLP 525 Market Street, 26th Floor San Francisco, CA 94105-2708 (415) 882-5000 Fax: (415) 882-0300 Email: jessica.duggan@dentons.com ATTORNEY TO BE NOTICED

Amicus
Iraq and Afghanistan Veterans of America

Matthew Gordon Adams Dentons US LLP One Market Plaza Spear Tower, 24th Floor San Francisco, CA 94105 (415) 267-4000 Fax: (415) 267-4198 Email: matthew.adams@dentons.com TERMINATED: 01/24/2020
Samuel Franklin Daughety 1900 K St NW Washington, DC 20006-1110 202-408-6427 Email: samuel.daughety@dentons.com PRO HAC VICE ATTORNEY TO BE NOTICED
Suzanne Rebecca Schaeffer Dentons US LLP 1900 K Street NW Washington, DC 20006 202-408-7097 Email: suzanne.schaeffer@dentons.com PRO HAC VICE ATTORNEY TO BE NOTICED
represented by Mark R. Conrad Conrad & Metlitzky LLP Four Embarcadero Center, Suite 1400 San Francisco, CA 94111 (415) 343-7102 Fax: (415) 343-7101 Email: mconrad@conradmetlitzky.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lindsay Lyon Rodman Iraq and Afghanistan Veterans of America

Amicus Federal Courts Scholars
Amicus Andy Barr

20 Tiffany Place Apt 4S New York, NY 10004 United Sta 917-697-4662 Email: lindsay@iava.org PRO HAC VICE ATTORNEY TO BE NOTICED
represented by Elizabeth B. Wydra (See above for address) ATTORNEY TO BE NOTICED
represented by Lawrence John Joseph Law Office of Lawrence J. Joseph 1250 Connecticut Avenue, NW, Suite 700-1A Washington, DC 20036 (202) 355-9452 Fax: (202) 318-2254 Email: ljoseph@larryjoseph.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 02/19/2019
02/19/2019 02/19/2019 02/20/2019

# Docket Text
1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump ( Filing fee $ 400, receipt number 097113103766.). Filed bySierra Club, Southern Border Communities Coalition. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Wang, Cecillia) (Filed on 2/19/2019) (Entered: 02/19/2019)
2 Proposed Summons. (Wang, Cecillia) (Filed on 2/19/2019) (Entered: 02/19/2019)
3 Certificate of Interested Entities by Sierra Club, Southern Border Communities Coalition (Wang, Cecillia) (Filed on 2/19/2019) (Entered: 02/19/2019)
4 Case assigned to Magistrate Judge Kandis A. Westmore.

02/20/2019 02/20/2019 02/21/2019 02/21/2019 02/21/2019

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 3/6/2019. (jmlS, COURT STAFF) (Filed on 2/20/2019) (Entered: 02/20/2019)
Electronic filing error. A maximum of THREE summons will be issued. Please list all defendants on ONE summons or multiple defendants on THREE summons and re-file in its entirety Re: 2 Proposed Summons filed by Sierra Club, Southern Border Communities Coalition (jmlS, COURT STAFF) (Filed on 2/20/2019) (Entered: 02/20/2019)
5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/14/2019. Initial Case Management Conference set for 5/21/2019 01:30 PM. (jmlS, COURT STAFF) (Filed on 2/20/2019) (Entered: 02/20/2019)
6 MOTION for leave to appear in Pro Hac Vice Re: Dror Ladin (Filing fee $310, receipt number 0971-13110184) filed by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Certificate of Good Standing)(Ladin, Dror) (Filed on 2/21/2019) Modified on 2/22/2019 (cjlS, COURT STAFF). (Entered: 02/21/2019)
7 MOTION for leave to appear in Pro Hac Vice Re: Hina Shamsi (Filing fee $310, receipt number 0971-13110214) filed by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Certificate of Good Standing)(Shamsi, Hina) (Filed on 2/21/2019) Modified on 2/22/2019 (cjlS, COURT STAFF). (Entered: 02/21/2019)
8 MOTION for leave to appear in Pro Hac Vice Re: Noor Zafar (Filing fee $310, receipt number 0971-13110258) filed by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Certificate of Good Standing)(Zafar, Noor) (Filed on 2/21/2019) Modified on 2/22/2019 (cjlS, COURT STAFF). (Entered: 02/21/2019)

02/21/2019
02/21/2019
02/21/2019 02/22/2019 02/22/2019
02/22/2019 02/22/2019 02/22/2019 02/22/2019 02/25/2019

9 MOTION for leave to appear in Pro Hac Vice Re: Omar Jadwat (Filing fee $310, receipt number 0971-13110561) filed by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Certificate of Good Standing)(Jadwat, Omar) (Filed on 2/21/2019) Modified on 2/22/2019 (cjlS, COURT STAFF). (Entered: 02/21/2019)
10 MOTION for leave to appear in Pro Hac Vice Re: David Donatti (Filing fee $310, receipt number 0971-13110632) filed by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Certificate of Good Standing)(Donatti, David) (Filed on 2/21/2019) Modified on 2/22/2019 (cjlS, COURT STAFF). (Entered: 02/21/2019)
11 Proposed Summons. (Wang, Cecillia) (Filed on 2/21/2019) (Entered: 02/21/2019)
12 Summons Issued as to Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump. (cjlS, COURT STAFF) (Filed on 2/22/2019) (Entered: 02/22/2019)
13 MOTION to Relate Case filed by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Declaration of Cecillia D. Wang, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order, # 5 Certificate/Proof of Service)(Wang, Cecillia) (Filed on 2/22/2019) (Entered: 02/22/2019)
14 Order by Magistrate Judge Kandis A. Westmore granting 6 Motion for Pro Hac Vice as to Dror Ladin.(ivaS, COURTSTAFF) (Filed on 2/22/2019) (Entered: 02/22/2019)
15 Order by Magistrate Judge Kandis A. Westmore granting 7 Motion for Pro Hac Vice as to Hina Shamsi. (ivaS, COURTSTAFF) (Filed on 2/22/2019) (Entered: 02/22/2019)
16 Order by Magistrate Judge Kandis A. Westmore granting 9 Motion for Pro Hac Vice as to Omar Jadwat. (ivaS, COURTSTAFF) (Filed on 2/22/2019) (Entered: 02/22/2019)
17 Order by Magistrate Judge Kandis A. Westmore granting 10 Motion for Pro Hac Vice as to David Donatti. (ivaS, COURTSTAFF) (Filed on 2/22/2019) (Entered: 02/22/2019)
18 CLERK'S NOTICE. The Motion to Related Cases 13 was filed in the wrong case. Please refile the Motion in the lowest case number pursuant to the local rules which is case number 19-cv-0872 HSG. Docket number 13 is terminated and no action will be taken. (This is a text-only entry generated by the court. There is no document associated

02/26/2019 02/27/2019 03/04/2019 03/05/2019 03/06/2019 03/06/2019 03/06/2019 03/07/2019
03/18/2019

with this entry.) (ivaS, COURTSTAFF) (Filed on 2/25/2019) (Entered: 02/25/2019)
19 Order by Magistrate Judge Kandis A. Westmore denying without prejudice 8 Motion for Pro Hac Vice for Noor Zafar.(ivaS, COURTSTAFF) (Filed on 2/26/2019) (Entered: 02/26/2019)
20 SUMMONS Returned Executed by Sierra Club, Southern Border Communities Coalition. All Defendants. (Ladin, Dror) (Filed on 2/27/2019) (Entered: 02/27/2019)
21 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13110258.) Filing fee previously paid on 2/21/2019 filed by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Certificate of Good Standing)(Zafar, Noor) (Filed on 3/4/2019) (Entered: 03/04/2019)
22 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sierra Club, Southern Border Communities Coalition.. (Ladin, Dror) (Filed on 3/5/2019) (Entered: 03/05/2019)
23 ORDER by Magistrate Judge Kandis A. Westmore granting 21 Motion for Pro Hac Vice as to Noor Zafar. (ivaS, COURTSTAFF) (Filed on 3/6/2019) (Entered: 03/06/2019)
24 ORDER RELATING CASE TO 19-cv-0872-HSG. Signed by Judge Haywood S. Gilliam, Jr. on 3/6/2019. (ndrS, COURT STAFF) (Filed on 3/6/2019) (Entered: 03/06/2019)
Case Reassigned to Judge Haywood S Gilliam, Jr. Magistrate Judge Kandis A. Westmore no longer assigned to the case. (ajsS, COURT STAFF) (Filed on 3/6/2019) (Entered: 03/06/2019)
25 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for May 21, 2019, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by May 14, 2019. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:19-cv-00892-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 3/7/2019) (Entered: 03/07/2019)
26 AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants. Filed by Sierra Club, Southern Border

04/04/2019
04/04/2019 04/04/2019
04/04/2019 04/04/2019 04/04/2019 04/04/2019 04/04/2019

Communities Coalition. (Attachments: # 1 Exhibit A, # 2 Certificate/Proof of Service)(Ladin, Dror) (Filed on 3/18/2019) Modified on 3/19/2019 (jjbS, COURT STAFF). (Entered: 03/18/2019)
27 **RE-FILED AS DOCKET NO. 28 ** MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13230738.) Filing fee previously paid on 04/04/2019 filed by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Certificate of Good Standing)(Wang, Cecillia) (Filed on 4/4/2019) Modified on 4/5/2019 (jjbS, COURT STAFF). (Entered: 04/04/2019)
28 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13230738.) Filing fee previously paid on 04/04/2019 filed by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Certificate of Good Standing)(Hafetz, Jonathan) (Filed on 4/4/2019) (Entered: 04/04/2019)
29 MOTION for Preliminary Injunction filed by Sierra Club, Southern Border Communities Coalition. Motion Hearing set for 5/9/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 4/18/2019. Replies due by 4/25/2019. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Ladin, Dror) (Filed on 4/4/2019) (Entered: 04/04/2019)
30 Declaration of Albert Del Val in Support of 29 MOTION for Preliminary Injunction filed bySierra Club, Southern Border Communities Coalition. (Related document(s) 29 ) (Ladin, Dror) (Filed on 4/4/2019) (Entered: 04/04/2019)
31 Declaration of Amanda Munro in Support of 29 MOTION for Preliminary Injunction filed bySierra Club, Southern Border Communities Coalition. (Related document(s) 29 ) (Ladin, Dror) (Filed on 4/4/2019) (Entered: 04/04/2019)
32 Declaration of Vicki B. Gaubeca in Support of 29 MOTION for Preliminary Injunction filed bySierra Club, Southern Border Communities Coalition. (Related document(s) 29 ) (Ladin, Dror) (Filed on 4/4/2019) (Entered: 04/04/2019)
33 Declaration of Christina Houle in Support of 29 MOTION for Preliminary Injunction filed bySierra Club, Southern Border Communities Coalition. (Related document(s) 29 ) (Ladin, Dror) (Filed on 4/4/2019) (Entered: 04/04/2019)
34 Declaration of Kevin Bixby in Support of 29 MOTION for Preliminary Injunction filed bySierra Club, Southern Border Communities

04/04/2019 04/04/2019 04/05/2019
04/05/2019 04/09/2019 04/09/2019

Coalition. (Related document(s) 29 ) (Ladin, Dror) (Filed on 4/4/2019) (Entered: 04/04/2019)
35 Declaration of Elizabeth J. Walsh in Support of 29 MOTION for Preliminary Injunction filed bySierra Club, Southern Border Communities Coalition. (Related document(s) 29 ) (Ladin, Dror) (Filed on 4/4/2019) (Entered: 04/04/2019)
36 Request for Judicial Notice re 29 MOTION for Preliminary Injunction filed bySierra Club, Southern Border Communities Coalition. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U)(Related document(s) 29 ) (Ladin, Dror) (Filed on 4/4/2019) (Entered: 04/04/2019)
Electronic filing error. REMINDER TO COUNSEL: In the future, please attach all supporting documents to the Motion. ALSO, the proposed order is missing suffix to Judge 9;s Name. Counsel need not re-file document, but should reference Hon. Judge Haywood S. Gilliam, Jr. in future filings if they wish to include reference to Judge's full assignment reference. Re: 33 Declaration in Support, 34 Declaration in Support, 31 Declaration in Support, 30 Declaration in Support, 35 Declaration in Support, 32 Declaration in Support, 29 MOTION for Preliminary Injunction. (jjbS, COURT STAFF) (Filed on 4/5/2019) (Entered: 04/05/2019)
37 CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re-file the 29 motion for preliminary injunction. Hearing date of May 9, 2019, is vacated. The briefing schedule remains in effect. Counsel is directed to check the Court's scheduling notes before renoticing the motion for a new hearing date. May 9th was not the Court's next available hearing date when this motion was e-filed. (This is a textonly entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 4/5/2019) (Entered: 04/05/2019)
38 ORDER by Judge Haywood S. Gilliam, Jr. Granting 28 Motion for Pro Hac Vice as to Hafetz, Jonathan. (ndrS, COURT STAFF) (Filed on 4/9/2019) (Entered: 04/09/2019)
39 ORDER by Hon Haywood S. Gilliam, Jr. SETTING the following briefing and hearing schedule for Plaintiffs' 29 Motion for Preliminary Injunction: responses are due by April 25, 2019;

04/09/2019 04/10/2019 04/10/2019 04/10/2019
04/11/2019
04/12/2019 04/12/2019 04/15/2019

replies are due by May 2, 2019; a hearing is scheduled for May 17, 2019 at 10:00 a.m. Plaintiffs' counsel is directed to serve Defendants with this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 4/9/2019) (Entered: 04/09/2019)
Set Deadlines/Hearing as to 29 MOTION for Preliminary Injunction, See Docket No. 39 : Responses due by 4/25/2019; Replies due by 5/2/2019; and Motion Hearing set for 5/17/2019 10:00 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 4/9/2019) (Entered: 04/10/2019)
40 CERTIFICATE OF SERVICE by Sierra Club, Southern Border Communities Coalition re 39 Order,, (Ladin, Dror) (Filed on 4/10/2019) (Entered: 04/10/2019)
41 NOTICE of Appearance by Andrew Irwin Warden on behalf of Defendants (Warden, Andrew) (Filed on 4/10/2019) (Entered: 04/10/2019)
42 STIPULATION WITH PROPOSED ORDER For Order Extending Page Limits For Preliminary Injunction Briefs, Staying Defendants' Response to the Amended Complaints, and Staying Initial Case Management Activity filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump, Southern Border Communities Coalition, and Sierra Club. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 4/10/2019) Modified on 4/11/2019 (jjbS, COURT STAFF). (Entered: 04/10/2019)
43 ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 67 in case 4:19-cv-00872-HSG and 42 in case 4:19-cv-00892-HSG) Stipulation For Order Extending Page Limits For Preliminary Injunction Briefs, Staying Defendants' Response to the Amended Complaints, and Staying Initial Case Management Activity. (ndrS, COURT STAFF) (Filed on 4/11/2019) (Entered: 04/11/2019)
44 NOTICE of Appearance by Douglas N. Letter (Letter, Douglas) (Filed on 4/12/2019) (Entered: 04/12/2019)
45 Consent MOTION to File Amicus Curiae Brief filed by United States House of Representatives. Responses due by 4/26/2019. Replies due by 5/3/2019. (Attachments: # 1 Proposed Order, # 2 Exhibit Amicus Brief)(Letter, Douglas) (Filed on 4/12/2019) (Entered: 04/12/2019)
46 ORDER by Judge Haywood S. Gilliam, Jr. Granting 45 Consent Motion to File Amicus Curiae Brief. Houses counsel is directed to

04/15/2019 04/22/2019
04/22/2019 04/23/2019 04/23/2019 04/23/2019 04/23/2019
04/23/2019

file the amicus curiae brief on the docket in this matter. (ndrS, COURT STAFF) (Filed on 4/15/2019) (Entered: 04/15/2019)
47 Brief of Amicus Curiae filed byUnited States House of Representatives. (Letter, Douglas) (Filed on 4/15/2019) (Entered: 04/15/2019)
48 Joint ADMINISTRATIVE MOTION RELIEF FROM AUTOMATIC REFERRAL TO THE ADR MULTI-OPTION PROGRAM re 5 Initial Case Management Scheduling Order with ADR Deadlines filed by Sierra Club, Southern Border Communities Coalition. Responses due by 4/26/2019. (Attachments: # 1 Proposed Order)(Ladin, Dror) (Filed on 4/22/2019) (Entered: 04/22/2019)
49 ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 74 in case 4:19-cv-00872-HSG and 48 in case 4:19-cv-00892-HSG) Joint Administrative Motion for Relief from Automatic Referral to the ADR Multi-Option Program. (ndrS, COURT STAFF) (Filed on 4/22/2019) (Entered: 04/22/2019)
50 MOTION for leave to appear in Pro Hac Vice representing Amicus Brennan Center for Justice ( Filing fee $ 310, receipt number 097113281381.) filed by Brennan Center for Justice. (Boyle, Joseph) (Filed on 4/23/2019) (Entered: 04/23/2019)
51 MOTION for leave to appear in Pro Hac Vice for Elizabeth Goitein representing Amicus Brennan Center for Justice ( Filing fee $ 310, receipt number 0971-13281393.) filed by Brennan Center for Justice. (Boyle, Joseph) (Filed on 4/23/2019) (Entered: 04/23/2019)
52 NOTICE of Appearance by David W. Evans. (Evans, David) (Filed on 4/23/2019) Modified on 4/24/2019 (jjbS, COURT STAFF). (Entered: 04/23/2019)
53 **RE-FILED AT DOCKET NO. 61 ** Amicus Curiae APPEARANCE entered by David W. Evans on behalf of John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Evans, David) (Filed on 4/23/2019) Modified on 4/26/2019 (jjbS, COURT STAFF). (Entered: 04/23/2019)
54 **RE-FILED AT DOCKET NO. 62 ** Amicus Curiae APPEARANCE entered by David W. Evans on behalf of John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Evans, David) (Filed on 4/23/2019) Modified on 4/26/2019 (jjbS, COURT STAFF). (Entered: 04/23/2019)

04/23/2019 04/23/2019 04/23/2019 04/23/2019 04/24/2019

55 **RE-FILED AT DOCKET NO. 63 ** Amicus Curiae APPEARANCE entered by David W. Evans on behalf of John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Evans, David) (Filed on 4/23/2019) Modified on 4/26/2019 (jjbS, COURT STAFF). (Entered: 04/23/2019)
56 **DISREGARD, RE-FILED AS DOCKET NO. 59 ** MOTION for Preliminary Injunction Consent Motion For Leave filed by John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. Motion Hearing set for 5/17/2019 10:00 AM before Judge Haywood S Gilliam Jr.. Responses due by 5/7/2019. Replies due by 5/14/2019. (Evans, David) (Filed on 4/23/2019) Modified on 4/24/2019 (jjbS, COURT STAFF). Modified on 4/24/2019 (jjbS, COURT STAFF). (Entered: 04/23/2019)
57 **DISRGARD, RE-FILED AS DOCKET NUMBER 59 ** EXHIBITS re 56 MOTION for Preliminary Injunction Consent Motion For Leave Amicus Memorandum In Support of Plaintiffs' Motion for Prelimary Injunction filed byJohn Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Related document(s) 56 ) (Evans, David) (Filed on 4/23/2019) Modified on 4/24/2019 (jjbS, COURT STAFF). (Entered: 04/23/2019)
58 **DISREGARD, RE-FILED AS DOCKET NO. 59 ** Proposed Order re 56 MOTION for Preliminary Injunction Consent Motion For Leave Proposed Order Granting Consent Motion for Leave to File Memorandum of Christopher Shays, et al. by John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Evans, David) (Filed on 4/23/2019) Modified on 4/24/2019 (jjbS, COURT STAFF). (Entered: 04/23/2019)
Electronic filing error. Incorrect event used. [err101]. Correct Event is "Motion for Leave to Appear Pro Hac Vice." Event can be found under Civil Events > Motions a nd Related Filings > Motions - General > Pro Hac Vice. The attorney requesting to appear pro hac vice must also file their own Motion using their own ECF login. Please re-file in its entirety. Re: 55 Amicus Curiae Appearance filed by Stanley Twardy, Carter Phillips, Peter Keisler, Christine Todd Whitman, Richard Bernstein, Christopher Shays, John Bellinger, III, 53 Amicus Curiae Appearance filed by Stanley Twardy, Carter Phillips, Peter Keisler, Christine Todd Whitman, Richard Bernstein, Christopher Shays, John Bellinger, III, 54 Amicus Curiae Appearance filed by Stanley Twardy,

04/24/2019
04/24/2019 04/25/2019 04/25/2019

Carter Phillips, Peter Keisler, Christine Todd Whitman, Richard Bernstein, Christopher Shays, John Bellinger, III (jjbS, COURT STAFF) (Filed on 4/24/2019) (Entered: 04/24/2019)
Electronic filing error. Incorrect event used. [err101]. Correct event is "Motion for Leave to File Document." Event can be found under Civil Events > Motions and Rel ated Filings > Motions - General > Leave to File Document. ALSO, please attach all supporting documents and proposed orders to the Motion.
Please re-file the motion using the correct event with all supporting documents as attachments in its entirety. Re: 57 Exhibits, filed by Stanley Twardy, Carter Phillips, Peter Keisler, Christine Todd Whitman, Richard Bernstein, Christopher Shays, John Bellinger, III, 56 MOTION for Preliminary Injunction Consent Motion For Leave filed by Stanley Twardy, Carter Phillips, Peter Keisler, Christine Todd Whitman, Richard Bernstein, Christopher Shays, John Bellinger, III, 58 Proposed Order, filed by Stanley Twardy, Carter Phillips, Peter Keisler, Christine Todd Whitman, Richard Bernstein, Christopher Shays, John Bellinger, III (jjbS, COURT STAFF) (Filed on 4/24/2019) (Entered: 04/24/2019)
59 Consent MOTION for Leave to File Memorandum in Support of 29 Motion for a Preliminary Injunction CORRECTION OF DOCKET # 56 , 57 , 58 filed by John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Attachments: # 1 Proposed Amicus Memorandum, # 2 Proposed Order)(Evans, David) (Filed on 4/24/2019) Modified on 4/24/2019 (jjbS, COURT STAFF). (Entered: 04/24/2019)
60 ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 84 in case 4:19-cv-00872-HSG and 59 in case 4:19-cv-00892-HSG) MOTION for Leave to File Memorandum in Support of 59 Motion for Preliminary Injunction. Counsel is directed to file the amici curiae brief of Christopher Shays et al. on the docket in this matter. (ndrS, COURT STAFF) (Filed on 4/25/2019) (Entered: 04/25/2019)
61 Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13290346.) filed by John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Attachments: # 1 Exhibit Certificate of Good Standing)(Mancino, Richard) (Filed on 4/25/2019) (Entered: 04/25/2019)

04/25/2019 04/25/2019 04/25/2019 04/30/2019 05/01/2019 05/01/2019 05/02/2019

62 Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13290423.) filed by John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Attachments: # 1 Exhibit Certificate of Good Standing)(Hussein, Shaimaa) (Filed on 4/25/2019) (Entered: 04/25/2019)
63 Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13290488.) filed by John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Attachments: # 1 Exhibit Certificate of Good Standing)(Dollan, Matthew) (Filed on 4/25/2019) (Entered: 04/25/2019)
64 OPPOSITION/RESPONSE (re 29 MOTION for Preliminary Injunction ) filed bySteven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit Index)(Westmoreland, Rachael) (Filed on 4/25/2019) (Entered: 04/25/2019)
65 Amicus Brief filed byJohn Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Attachments: # 1 Exhibit 1 to Amicus Brief of Christopher Shays, Christine Todd Whitman, Peter Keisler, Carter Phillips, John Bellinger III, Stanley Twardy and Richard Bernstein as Amici Curiae)(Evans, David) (Filed on 4/30/2019) Modified on 5/1/2019 (jjbS, COURT STAFF). Modified on 5/1/2019 (jjbS, COURT STAFF). (Entered: 04/30/2019)
66 Consent MOTION for Leave to File Brief of Former Members of Congress as Amici Curiae in Support of Plaintiffs' Motion for Preliminary Injunction filed by Amici Curiae Former Members of Congress. (Attachments: # 1 Proposed Order, # 2 Amici Curiae Brief)(Winthrop, Douglas) (Filed on 5/1/2019) (Entered: 05/01/2019)
67 **Duplicate Filing, See Docket Nos. 51 and 82 *** MOTION for leave to appear in Pro Hac Vice representing Amicus Brennan Center for Justice ( Filing fee $ 310, receipt number 0971-13281393.) Filing fee previously paid on April 23, 2019 filed by Brennan Center for Justice. (Attachments: # 1 Certificate of Good Standing)(Goitein, Elizabeth) (Filed on 5/1/2019) Modified on 5/2/2019 (ndrS, COURT STAFF). (Entered: 05/01/2019)
68 Consent MOTION to File Amicus Curiae Brief in Support of 29 Motion for Preliminary Injunction filed by Erwin Chemerinsky,

05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019
05/02/2019 05/02/2019 05/02/2019

Michael C. Dorf, David A. Strauss, Stephen I. Vladeck. Responses due by 5/16/2019. Replies due by 5/23/2019. (Attachments: # 1 Proposed Amici Curiae Brief, # 2 Proposed Order)(Wydra, Elizabeth) (Filed on 5/2/2019) Modified on 5/3/2019 (jjbS, COURT STAFF). (Entered: 05/02/2019)
69 ORDER by Judge Haywood S. Gilliam, Jr. Granting Consent (Docket Nos. 105 in case 4:19-cv-00872-HSG; and 68 in case 4:19cv-00892-HSG) MOTION to File Amicus Curiae Brief. (ndrS, COURT STAFF) (Filed on 5/2/2019) (Entered: 05/02/2019)
70 ORDER by Judge Haywood S. Gilliam, Jr. Granting Consent 66 MOTION for Leave to File Brief of Former Members of Congress as Amici Curiae in Support of Plaintiffs' Motion for Preliminary Injunction. (ndrS, COURT STAFF) (Filed on 5/2/2019) (Entered: 05/02/2019)
71 NOTICE of Appearance by Gary T. Lafayette (Lafayette, Gary) (Filed on 5/2/2019) Modified on 5/3/2019 (jjbS, COURT STAFF). (Entered: 05/02/2019)
72 NOTICE of Appearance by Brian H. Chun (Chun, Brian) (Filed on 5/2/2019) Modified on 5/3/2019 (jjbS, COURT STAFF). (Entered: 05/02/2019)
73 Consent MOTION for Leave to File Memorandum of 58 Religious Organizations as Amici Curiae in Support of Plaintiffs' Motion for a Preliminary Injunction filed by 58 Religious Organizations. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Chun, Brian) (Filed on 5/2/2019) Modified on 5/3/2019 (jjbS, COURT STAFF). (Entered: 05/02/2019)
74 ** RE-FILED AS DOCKET NO. 96 ** MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13311888.) filed by 58 Religious Organizations. (Attachments: # 1 Certificate of Good Standing)(Mangi, Adeel) (Filed on 5/2/2019) Modified on 5/3/2019 (jjbS, COURT STAFF). (Entered: 05/02/2019)
75 **RE-FILED AS DOCKET NO. 97 ** MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13311915.) filed by 58 Religious Organizations. (Attachments: # 1 Certificate of Good Standing)(Zalesin, Steven) (Filed on 5/2/2019) Modified on 5/3/2019 (jjbS, COURT STAFF). (Entered: 05/02/2019)
76 ** RE-FILED AT DOCKET NO. 98 ** MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13311937.) filed by 58 Religious Organizations. (Attachments: # 1 Certificate of

05/02/2019
05/02/2019 05/02/2019 05/02/2019
05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019

Good Standing)(Kolodin, Zachary) (Filed on 5/2/2019) Modified on 5/3/2019 (jjbS, COURT STAFF). (Entered: 05/02/2019)
77 **RE-FILED AT DOCKET NO. 99 ** MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13311974.) filed by 58 Religious Organizations. (Attachments: # 1 Certificate of Good Standing)(Badat, Mohammed) (Filed on 5/2/2019) Modified on 5/3/2019 (jjbS, COURT STAFF). (Entered: 05/02/2019)
78 NOTICE of Appearance by David Ramraj Singh for Amici Curiae Brennan Center for Justice at NYU School of Law and CATO Institute (Singh, David) (Filed on 5/2/2019) (Entered: 05/02/2019)
79 MOTION for Leave to File Brief as Amici Curiae filed by National Immigration Law Center, et al.. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Espiritu, Nicholas) (Filed on 5/2/2019) (Entered: 05/02/2019)
80 MOTION for Leave to Present Argument in the Preliminary Injunction Hearing filed by United States House of Representatives. Responses due by 5/16/2019. Replies due by 5/23/2019. (Attachments: # 1 Proposed Order)(Letter, Douglas) (Filed on 5/2/2019) Modified on 5/3/2019 (jjbS, COURT STAFF). (Entered: 05/02/2019)
81 ORDER by Judge Haywood S. Gilliam, Jr. Granting 50 Motion for Pro Hac Vice as to Boyle, Joseph. (ndrS, COURT STAFF) (Filed on 5/2/2019) (Entered: 05/02/2019)
82 ORDER by Judge Haywood S. Gilliam, Jr. Granting 51 Motion for Pro Hac Vice for Elizabeth Goitein representing Amicus Brennan Center for Justice.(ndrS, COURT STAFF) (Filed on 5/2/2019) (Entered: 05/02/2019)
83 ORDER by Judge Haywood S. Gilliam, Jr. Granting 61 Amended Motion for Pro Hac Vice as to Mancino, Richard. (ndrS, COURT STAFF) (Filed on 5/2/2019) (Entered: 05/02/2019)
84 ORDER by Judge Haywood S. Gilliam, Jr. Granting 62 Motion for Pro Hac Vice as to Hussein, Shaimaa. (ndrS, COURT STAFF) (Filed on 5/2/2019) (Entered: 05/02/2019)
85 ORDER by Judge Haywood S. Gilliam, Jr. Granting 63 Amended Motion for Pro Hac Vice as to Dollan, Matthew. (ndrS, COURT STAFF) (Filed on 5/2/2019) (Entered: 05/02/2019)
86 NOTICE of Appearance by Michaele Nicole Turnage Young on behalf of amicus curiae NAACP Legal Defense and Educational Fund,

05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019 05/02/2019

Inc. (Turnage Young, Michaele) (Filed on 5/2/2019) (Entered: 05/02/2019)
87 **DISREGARD, RE-FILED AT DOCKET NO. 90 ** Consent MOTION for Leave to File Brief of Amicus Curiae NAACP Legal Defense & Educational Fund, Inc. in Support of Plaintiffs' Motion for Preliminary Injunction filed by NAACP Legal Defense and Educational Fund, Inc.. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Proposed Order)(Turnage Young, Michaele) (Filed on 5/2/2019) Modified on 5/2/2019 (jjbS, COURT STAFF). (Entered: 05/02/2019)
88 MOTION for Leave to File Memorandum as Amici Curriae in Support of Motion for Preliminary Injunction filed by Brennan Center for Justice at NYU School of Law, CATO Institute. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Goitein, Elizabeth) (Filed on 5/2/2019) Modified on 5/3/2019 (jjbS, COURT STAFF). (Entered: 05/02/2019)
89 ORDER by Hon. Haywood S. Gilliam, Jr., GRANTING the 80 motion for leave to present argument, in light of the unique institutional interests articulated by amicus curiae United States House of Representatives. No party arguing at the hearing will be permitted to present PowerPoint or similar visual presentations. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 5/2/2019) (Entered: 05/02/2019)
90 Consent MOTION for Leave to File Brief of Amicus Curiae NAACP Legal Defense & Educational Fund, Inc. in Support of Plaintiffs' Motion for Preliminary Injunction CORRECTION OF DOCKET # 87 filed by NAACP Legal Defense and Educational Fund, Inc.. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Proposed Order)(Turnage Young, Michaele) (Filed on 5/2/2019) (Entered: 05/02/2019)
91 REPLY (re 29 MOTION for Preliminary Injunction ) filed bySierra Club, Southern Border Communities Coalition. (Attachments: # 1 Supplemental Declaration of Christina Patino Houle, # 2 Supplemental Declaration of Kevin Bixby)(Ladin, Dror) (Filed on 5/2/2019) (Entered: 05/02/2019)
92 MOTION for leave to appear in Pro Hac Vice re: Harold Hongju Koh ( Filing fee $ 310, receipt number 0971-13314050.) filed by Former U.S. Government Officials. (Attachments: # 1 Good Standing Certificate)(Koh, Harold) (Filed on 5/2/2019) (Entered: 05/02/2019)

05/02/2019

93 MOTION for leave to appear in Pro Hac Vice re: Phillip M. Spector ( Filing fee $ 310, receipt number 0971-13314057.) filed by Former U.S. Government Officials. (Attachments: # 1 Good Standing Certificate)(Spector, Phillip) (Filed on 5/2/2019) (Entered: 05/02/2019)

05/02/2019

94 Consent MOTION for Leave to File Brief of Former U.S. Government Officials as Amici Curiae in Support of Plaintiffs Motion for a Preliminary Injunction filed by Former U.S. Government Officials. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Hartnett, Kathleen) (Filed on 5/2/2019) (Entered: 05/02/2019)

05/03/2019

95 ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 103 in case 4:19-cv-00872-HSG; 79 in case 4:19-cv-00892-HSG) Motion for Leave to File as Amici Curiae. (ndrS, COURT STAFF) (Filed on 5/3/2019) (Entered: 05/03/2019)

05/03/2019

96 Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13311888.) Filing fee previously paid on 05/02/2019 filed by 58 Religious Organizations. (Attachments: # 1 Certificate of Good Standing)(Mangi, Adeel) (Filed on 5/3/2019) (Entered: 05/03/2019)

05/03/2019

97 Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13311915.) Filing fee previously paid on 05/02/2019 filed by 58 Religious Organizations. (Attachments: # 1 Certificate of Good Standing)(Zalesin, Steven) (Filed on 5/3/2019) (Entered: 05/03/2019)

05/03/2019

98 Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13311937.) Filing fee previously paid on 05/02/2019 filed by 58 Religious Organizations. (Attachments: # 1 Certificate of Good Standing)(Kolodin, Zachary) (Filed on 5/3/2019) (Entered: 05/03/2019)

05/03/2019

99 Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13311974.) Filing fee previously paid on 05/02/2019 filed by 58 Religious Organizations. (Attachments: # 1 Certificate of Good Standing)(Badat, Mohammed) (Filed on 5/3/2019) (Entered: 05/03/2019)

05/03/2019

100 Amicus Brief filed byNational Immigration Law Center, et al.. (Espiritu, Nicholas) (Filed on 5/3/2019) Modified on 5/3/2019 (jjbS, COURT STAFF). (Entered: 05/03/2019)

05/06/2019 101 MOTION to Consolidate Docket Entries for "Brennan Center for Justice" and "Brennan Center for Justice at NYU School of Law" filed by Brennan Center for Justice at NYU School of Law. Responses due

by 5/20/2019. Replies due by 5/28/2019. (Attachments: # 1 Proposed Order)(Goitein, Elizabeth) (Filed on 5/6/2019) (Entered: 05/06/2019)

05/07/2019

102 ORDER by Judge Haywood S. Gilliam, Jr. Granting 101 Motion to Consolidate Docket Entries for "Brennan Center for Justice" and "Brennan Center for Justice at NYU School of Law". (ndrS, COURT STAFF) (Filed on 5/7/2019) (Entered: 05/07/2019)

05/07/2019

103 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13325615.) filed by John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. (Attachments: # 1 Exhibit Certificate of Good Standing)(Bernstein, Richard) (Filed on 5/7/2019) (Entered: 05/07/2019)

05/08/2019

104 Brief filed byNational Immigration Law Center, Asian Americans Advancing Justice- AAJC, Asian Americans Advancing Justice - Los Angeles, AALDEF, Black Alliance for Just Immigration, LatinoJustice PRLDEF. (Espiritu, Nicholas) (Filed on 5/8/2019) (Entered: 05/08/2019)

05/08/2019

105 MOTION to Withdraw as Attorney filed by John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Stanley Twardy, Christine Todd Whitman. Responses due by 5/22/2019. Replies due by 5/29/2019. (Attachments: # 1 Proposed Order)(Dollan, Matthew) (Filed on 5/8/2019) (Entered: 05/08/2019)

05/08/2019

106 Brief of Former Members of Congress as Amici Curiae in Support of Plaintiffs' Motion for Preliminary Injunction filed byAmici Curiae Former Members of Congress. (Winthrop, Douglas) (Filed on 5/8/2019) (Entered: 05/08/2019)

05/09/2019

107 Brief of Amici Curiae Federal Courts Scholars in Support of Plaintiffs' Motion for Preliminary Injunction filed byErwin Chemerinsky, Michael C. Dorf, David A. Strauss, Stephen I. Vladeck. (Wydra, Elizabeth) (Filed on 5/9/2019) (Entered: 05/09/2019)

05/09/2019 108 ORDER by Judge Haywood S. Gilliam, Jr. Granting 105 Motion to Withdraw as Attorney. (ndrS, COURT STAFF) (Filed on 5/9/2019) (Entered: 05/09/2019)

05/13/2019

109 ORDER by Judge Haywood S. Gilliam, Jr. Granting 73 Consent MOTION for Leave to File Memorandum of 58 Religious Organizations as Amici Curiae in Support of Plaintiffs' Motion for a Preliminary Injunction. (ndrS, COURT STAFF) (Filed on 5/13/2019) (Entered: 05/13/2019)

05/13/2019

110 ORDER by Judge Haywood S. Gilliam, Jr. Granting 88 MOTION for Leave to File Memorandum as Amici Curriae in Support of Motion for Preliminary Injunction. Counsel is directed to file the brief on the docket. (ndrS, COURT STAFF) (Filed on 5/13/2019) (Entered: 05/13/2019)

05/13/2019

111 ORDER by Judge Haywood S. Gilliam, Jr. Granting 90 Consent MOTION for Leave to File Brief of Amicus Curiae NAACP Legal Defense & Educational Fund, Inc. in Support of Plaintiffs' Motion for Preliminary Injunction. Counsel is directed to file the brief on the docket. (ndrS, COURT STAFF) (Filed on 5/13/2019) (Entered: 05/13/2019)

05/13/2019

112 ORDER by Judge Haywood S. Gilliam, Jr. Granting 94 Consent MOTION for Leave to File Brief of Former U.S. Government Officials as Amici Curiae in Support of Plaintiffs Motion for a Preliminary Injunction. Counsel is directed to file the brief on the docket. (ndrS, COURT STAFF) (Filed on 5/13/2019) (Entered: 05/13/2019)

05/13/2019

113 Brief of 58 Religious Organizations as Amici Curiae in Support of Plaintiffs' Motion for a Preliminary Injunction] filed by58 Religious Organizations. (Lafayette, Gary) (Filed on 5/13/2019) Modified on 5/14/2019 (cpS, COURT STAFF). (Entered: 05/13/2019)

05/13/2019

114 Brief of Amicus Curiae NAACP Legal Defense and Educational Fund, Inc. in Support of Plaintiffs' Motion for Preliminary Injunction filed byNAACP Legal Defense and Educational Fund, Inc.. (Turnage Young, Michaele) (Filed on 5/13/2019) (Entered: 05/13/2019)

05/13/2019

115 Brief of the Brennan Center for Justice at NYU School of Law and the CATO Institute as Amici Curiae in Support of Plaintiffs' Motion for a Preliminary Injunction filed byBrennan Center for Justice at NYU School of Law, CATO Institute. (Goitein, Elizabeth) (Filed on 5/13/2019) (Entered: 05/13/2019)

05/13/2019 116 ORDER by Hon. Haywood S. Gilliam, Jr., DIRECTING DEFENDANTS TO SUBMIT STATEMENT. (hsglc3S, COURT STAFF) (Filed on 5/13/2019) (Entered: 05/13/2019)

05/13/2019

117 ORDER by Hon. Haywood S. Gilliam, Jr., ADVISING Defendants that the Court's 116 requested statement should only include updated factual information, and should not include further legal argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 5/13/2019) (Entered: 05/13/2019)

05/13/2019

118 Second DECLARATION of Kenneth Rapuano (May 13, 2019) filed bySteven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump. (Attachments: # 1 Exhibit Second Declaration of Kenneth Rapuano (dated May 13, 2019))(Warden, Andrew) (Filed on 5/13/2019) Modified on 5/14/2019 (cpS, COURT STAFF). (Entered: 05/13/2019)

05/14/2019 119 NOTICE of Appearance by Eric Grant on behalf of Defendants (Grant, Eric) (Filed on 5/14/2019) (Entered: 05/14/2019)

05/14/2019

120 Brief of Former U.S. Government Officials as Amici Curiae in Support of Plaintiffs' Motion for Preliminary Injunction filed byFormer U.S. Government Officials. (Hartnett, Kathleen) (Filed on 5/14/2019) (Entered: 05/14/2019)

05/14/2019

121 CLERK'S NOTICE. Notice is hereby given that any member of the press wishing to listen by telephone to the motions hearings scheduled for May 17th shall contact CourtCall at (866) 582-6878 to make arrangements to do so. No one is permitted to record the hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 5/14/2019) (Entered: 05/14/2019)

05/14/2019 122 ORDER by Judge Haywood S. Gilliam, Jr. Granting 92 Motion for Pro Hac Vice re: Harold Hongju Koh. (ndrS, COURT STAFF) (Filed on 5/14/2019) (Entered: 05/14/2019)

05/14/2019

123 ORDER by Judge Haywood S. Gilliam, Jr. Granting 93 Motion for Pro Hac Vice re: Phillip M. Spector. (ndrS, COURT STAFF) (Filed on 5/14/2019) (Entered: 05/14/2019)

05/14/2019 124 ORDER by Judge Haywood S. Gilliam, Jr. Granting Amended 96 Motion for Pro Hac Vice as to Mangi, Adeel. (ndrS, COURT STAFF) (Filed on 5/14/2019) (Entered: 05/14/2019)

05/14/2019

125 ORDER by Judge Haywood S. Gilliam, Jr. Granting Amended 97 Motion for Pro Hac Vice as to Zalesin, Steven. (ndrS, COURT STAFF) (Filed on 5/14/2019) (Entered: 05/14/2019)

05/14/2019 126 ORDER by Judge Haywood S. Gilliam, Jr. Granting 98 Motion for Pro Hac Vice as to Kolodin, Zachary.(ndrS, COURT STAFF) (Filed on 5/14/2019) (Entered: 05/14/2019)

05/14/2019 127 ORDER by Judge Haywood S. Gilliam, Jr. Granting Amended 99 Motion for Pro Hac Vice as to Badat, Mohammed. (ndrS, COURT STAFF) (Filed on 5/14/2019) (Entered: 05/14/2019)

05/14/2019 128 ORDER by Judge Haywood S. Gilliam, Jr. Granting 103 Motion for Pro Hac Vice as to Bernstein, Richard. (ndrS, COURT STAFF) (Filed on 5/14/2019) (Entered: 05/14/2019)

05/15/2019

129 MOTION to Withdraw as Attorney (Zachary Kolodin) filed by 58 Religious Organizations. Responses due by 5/29/2019. Replies due by 6/5/2019. (Attachments: # 1 Proposed Order)(Kolodin, Zachary) (Filed on 5/15/2019) Modified on 5/16/2019 (cpS, COURT STAFF). (Entered: 05/15/2019)

05/15/2019 130 NOTICE of Appearance by James Mahoney Burnham (Burnham, James) (Filed on 5/15/2019) (Entered: 05/15/2019)

05/15/2019

131 Response to the Court's May 13, 2019 Order 116 by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump. (Attachments: # 1 Exhibit, # 2 Exhibit)(Warden, Andrew) (Filed on 5/15/2019) Modified on 5/16/2019 (cpS, COURT STAFF). (Entered: 05/15/2019)

05/16/2019 132 NOTICE of Appearance by Howard Michael Garfield (Garfield, Howard) (Filed on 5/16/2019) (Entered: 05/16/2019)

05/16/2019

133 ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 148 in case 4:19-cv-00872-HSG and 129 in case 4:19-cv-00892-HSG ) Motion to Withdraw as Attorney. (ndrS, COURT STAFF) (Filed on 5/16/2019) (Entered: 05/16/2019)

05/17/2019

134 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Motion Hearing held on 5/17/2019. Total Time in Court: 2 hours and 40 minutes. Court Reporter: Pamela BataloHebel. Plaintiff Attorney: Dror Ladin; Lee Sherman; Janelle Smith; Henry Kantor and Douglas Letter. Defendant Attorney: Andrew Warden; Eric Grant and James Burnham. Plaintiffs motions for preliminary injunction (docket nos. 59 in case no. 19cv-872-HSG and 29 in case no. 19-cv-892-HSG) are argued and submitted by the parties and taken under submission by the Court. Parties are in agreement that the Court should rule on the motions for preliminary injunction without regard to the El Centro Sector and Tucson Sector Projects. Parties are directed to meet and confer and e-file a stipulation and proposed order setting briefing schedule regarding these projects. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 5/17/2019) (Entered: 05/17/2019)

05/19/2019 135 TRANSCRIPT ORDER for proceedings held on May 17, 2019 before Judge Haywood S Gilliam, Jr by Steven Mnuchin, Kirstjen M. Nielsen,

Patrick M. Shanahan, Donald J. Trump, for Court Reporter Pam Batalo. (Warden, Andrew) (Filed on 5/19/2019) (Entered: 05/19/2019)

05/20/2019

136 TRANSCRIPT ORDER for proceedings held on 05/17/2019 before Judge Haywood S Gilliam, Jr by Amici Curiae Former Members of Congress, for Court Reporter Pam Batalo. (Winthrop, Douglas) (Filed on 5/20/2019) (Entered: 05/20/2019)

05/20/2019

137 TRANSCRIPT ORDER for proceedings held on May 17, 2019 before Judge Haywood S Gilliam, Jr by United States House of Representatives, for Court Reporter Pam Batalo. (Letter, Douglas) (Filed on 5/20/2019) (Entered: 05/20/2019)

05/20/2019

138 Transcript of Proceedings held on 05/17/19, before Judge Gilliam. Court Reporter Pamela Batalo Hebel, telephone number 626-688-7509; pamela_batalo-hebel@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 (156 in 4:19cv-00872-HSG) Transcript Order, (137 in 4:19-cv-00892-HSG) Transcript Order, (158 in 4:19-cv-00872-HSG) Transcript Order ) Redaction Request due 6/10/2019. Redacted Transcript Deadline set for 6/20/2019. Release of Transcript Restriction set for 8/19/2019. (Batalo, Pam) (Filed on 5/20/2019) (Entered: 05/20/2019)

05/21/2019 139 Letter from Douglas N. Letter, General Counsel, U.S. House of Representatives . (Letter, Douglas) (Filed on 5/21/2019) (Entered: 05/21/2019)

05/22/2019

140 STIPULATION WITH PROPOSED ORDER For Supplemental Briefing Schedule For El Centro and Tucson Border Barrier Projects filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 5/22/2019) (Entered: 05/22/2019)

05/23/2019

141 TRANSCRIPT ORDER for proceedings held on 05/17/2019 before Judge Haywood S Gilliam, Jr by Sierra Club, Southern Border Communities Coalition, for Court Reporter Pam Batalo. (Ladin, Dror) (Filed on 5/23/2019) (Entered: 05/23/2019)

05/23/2019 142 ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 162 in case 4:19-cv-00872-HSG and 140 in case 4:19-cv-00892HSG) Stipulation For Supplemental Briefing Schedule For El

Centro and Tucson Border Barrier Projects. (ndrS, COURT STAFF) (Filed on 5/23/2019) (Entered: 05/23/2019)

05/23/2019

Set Deadlines/Hearing: Motions due by 5/29/2019; Responses due by 6/10/2019 and Replies due by 6/13/2019. (ndrS, COURT STAFF) (Filed on 5/23/2019) (Entered: 05/23/2019)

05/23/2019 143 TRANSCRIPT ORDER for proceedings held on 05/17/2019 before Judge Haywood S Gilliam, Jr for Court Reporter Pam Batalo. (oh, COURT STAFF) (Filed on 5/23/2019) (Entered: 05/23/2019)

05/24/2019

144 ORDER by Hon. Haywood S. Gilliam, Jr., GRANTING IN PART and DENYING IN PART 29 Plaintiffs Motion for Preliminary Injunction, and SETTING case management conference for June 5, 2019 at 2:00 p.m. Case management statement is due by May 31, 2019.(hsglc3S, COURT STAFF) (Filed on 5/24/2019) (Entered: 05/24/2019)

05/24/2019

Set Deadline/Hearing: Case Management Statement due by 5/31/2019 and Further Case Management Conference set for 6/5/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor. (ndrS, COURT STAFF) (Filed on 5/24/2019) (Entered: 05/28/2019)

05/29/2019

145 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump. Appeal of Order on Motion for Preliminary Injunction, 144 (Appeal fee FEE WAIVED.) (Warden, Andrew) (Filed on 5/29/2019) (Entered: 05/29/2019)

05/29/2019

146 MOTION to Stay re 144 Order on Motion for Preliminary Injunction, Pending Appeal filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump. Responses due by 6/12/2019. Replies due by 6/19/2019. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Proposed Order)(Warden, Andrew) (Filed on 5/29/2019) Modified on 5/30/2019 (cpS, COURT STAFF). (Entered: 05/29/2019)

05/29/2019

147 MOTION to Shorten Time To Hear Defendants' Motion To Stay Preliminary Injunction Pending Appeal filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump. (Attachments: # 1 Declaration, # 2 Proposed Order)(Warden, Andrew) (Filed on 5/29/2019) (Entered: 05/29/2019)

05/29/2019

148 USCA Case Number 19-16102 Ninth Circuit Court of Appeals for 145 Notice of Appeal, filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump. (cjlS, COURT STAFF) (Filed on 5/29/2019) (Entered: 05/29/2019)

05/29/2019

149 MOTION to Appear by Telephone at Case Management Conference filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump. (Attachments: # 1 Proposed Order)(Westmoreland, Rachael) (Filed on 5/29/2019) (Entered: 05/29/2019)

05/29/2019

150 MOTION for Supplemental Preliminary Injunction filed by Sierra Club, Southern Border Communities Coalition. Responses due by 6/10/2019. Replies due by 6/13/2019. (Attachments: # 1 Declaration of Gayle G. Hartmann, # 2 Declaration of Ralph Hudson, # 3 Declaration of Kevin Arthur Dahl, # 4 Declaration of Bill Broyles, # 5 Declaration of Patricia Gerrodette, # 6 Declaration of Margaret Case, # 7 Declaration of Carmina Ramirez, # 8 Declaration of Cyndi C. Tuell, # 9 Declaration of Roy Armenta Sr., # 10 Proposed Order)(Ladin, Dror) (Filed on 5/29/2019) Modified on 5/30/2019 (cpS, COURT STAFF). Modified on 5/30/2019 (cpS, COURT STAFF). (Entered: 05/29/2019)

05/30/2019

***Hearing dates of 10/3/2019 Re Docket Nos. 167 in case no. 19-cv00872-hsg and 146 and 150 in case no. 19-cv-00892-HSG are terminated because counsel set the date when filing the motions in ECF but failed to actual notice the motions for that date.*** (ndrS, COURT STAFF) (Filed on 5/30/2019) (Entered: 05/30/2019)

05/30/2019 151 ORDER by Judge Haywood S. Gilliam, Jr. Granting 149 Motion to Appear by Telephone at Case Management Conference. (ndrS, COURT STAFF) (Filed on 5/30/2019) (Entered: 05/30/2019)

05/30/2019

152 ORDER by Judge Haywood S. Gilliam, Jr. DENYING 146 MOTION TO STAY PRELIMINARY INJUNCTION( 147 Motion to Shorten Time is terminated as moot). (ndrS, COURT STAFF) (Filed on 5/30/2019) (Entered: 05/30/2019)

05/31/2019

153 TRANSCRIPT ORDER for proceedings held on 05/17/2019 before Judge Haywood S Gilliam, Jr for Court Reporter Pam Batalo. (oh, COURT STAFF) (Filed on 5/31/2019) (Entered: 05/31/2019)

05/31/2019

154 JOINT CASE MANAGEMENT STATEMENT filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump, Sierra Club, Southern Border Communities Coalition. (Warden, Andrew) (Filed on 5/31/2019) Modified on 6/3/2019 (cpS, COURT STAFF). (Entered: 05/31/2019)

06/03/2019 155 ORDER of USCA as to 145 Notice of Appeal, filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump (cpS, COURT STAFF) (Filed on 6/3/2019) (Entered: 06/04/2019)

06/05/2019

156 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13408180.) filed by Tohono O'odham Nation. (Attachments: # 1 Certificate of Good Standing)(Daughety, Samuel) (Filed on 6/5/2019) (Entered: 06/05/2019)

06/05/2019

157 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13408200.) filed by Tohono O'odham Nation. (Attachments: # 1 Certificate of Good Standing)(Schaeffer, Suzanne) (Filed on 6/5/2019) (Entered: 06/05/2019)

06/05/2019

158 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13408214.) filed by Tohono O'odham Nation. (Attachments: # 1 Certificate of Good Standing)(Rees, Joshua) (Filed on 6/5/2019) (Entered: 06/05/2019)

06/05/2019

159 Consent MOTION to File Amicus Curiae Brief filed by Tohono O'odham Nation. Responses due by 6/19/2019. Replies due by 6/26/2019. (Attachments: # 1 Exhibit Amicus Brief, # 2 Proposed Order)(Adams, Matthew) (Filed on 6/5/2019) (Entered: 06/05/2019)

06/05/2019

160 CERTIFICATE OF SERVICE by Tohono O'odham Nation re 159 Consent MOTION to File Amicus Curiae Brief (Adams, Matthew) (Filed on 6/5/2019) (Entered: 06/05/2019)

06/05/2019 161 NOTICE of Appearance by Matthew Gordon Adams (Adams, Matthew) (Filed on 6/5/2019) (Entered: 06/05/2019)

06/05/2019

162 ORDER of USCA: Oral argument on appellants' emergency motion for a stay pending appeal is set for Thursday 6/20/19 at a specific time to be set by further order as to 145 Notice of Appeal, filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump (cpS, COURT STAFF) (Filed on 6/5/2019) (Entered: 06/06/2019)

06/05/2019

165 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Further Case Management Conference held on 6/5/2019. FTR Time: 2:01-2:27. Plaintiff Attorney: Dror Ladin, Lee Sherman, Gavion McCabe, Craig Newby and Justin Sullivan appearing via courtcall. Defendant Attorney: Andrew Warden appearing via courtcall. The Court orders the current preliminary injunction motion and briefing held in abeyance and orders that the motion for partial summary judgment briefing concerning Sections 284 and 8005 include issues raised in the pending preliminary injunction motion. The Court sets: June 12-filing deadline for motion for partial summary judgment and August 29, 2019 at 2:00 p.m.-hearing deadline for motion for summary judgment on remaining issues. (This is a text-only entry generated by

the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 6/5/2019) (Entered: 06/10/2019)

06/07/2019

163 NOTICE of Filing of Administrative Record For El Paso, Yuma, El Centro, and Tucson Border Barrier Projects by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Warden, Andrew) (Filed on 6/7/2019) Modified on 6/10/2019 (cpS, COURT STAFF). (Entered: 06/07/2019)

06/07/2019

164 SCHEDULING ORDER: Motions due by 6/12/2019; Responses due by 6/19/2019 and Replies due by 6/24/2019. Signed by Judge Haywood S. Gilliam, Jr. on 6/7/2019. (ndrS, COURT STAFF) (Filed on 6/7/2019) (Entered: 06/07/2019)

06/07/2019

Set Additional Deadlines/Hearing, See Docket No. 174 in case no. 19cv-872-HSG and 164 in case no. 19-cv-892-HSG: Motions due by 7/11/2019; Responses due by 7/25/2019; Replies due by 8/8/2019 and Motion Hearing set for 8/29/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 6/7/2019) Modified on 6/7/2019 (ndrS, COURT STAFF). (Entered: 06/07/2019)

06/11/2019

166 ORDER of USCA: Granting Motion for leave to file an amicus brief in support of appellants emergency stay motion as to 145 Notice of Appeal, filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump (cpS, COURT STAFF) (Filed on 6/11/2019) (Entered: 06/12/2019)

06/12/2019

167 ORDER of USCA: Granting motions filed by the Former U.S. Government Officials and the U.S. House of Representatives for leave to file amicus briefs in opposition to appellants emergency stay motion as to 145 Notice of Appeal, filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump (cpS, COURT STAFF) (Filed on 6/12/2019) (Entered: 06/12/2019)

06/12/2019

168 MOTION for Partial Summary Judgment filed by Sierra Club, Southern Border Communities Coalition. Responses due by 6/19/2019. Replies due by 6/24/2019. (Attachments: # 1 Appendix of Declarations, # 2 Request for Judicial Notice, # 3 Proposed Order)(Zafar, Noor) (Filed on 6/12/2019) (Entered: 06/12/2019)

06/13/2019

169 CLERK'S NOTICE. Notice is hereby given that counsel must notice not re-file the 168 motion for partial summary judgment. Counsel is directed to review the 164 scheduling order and the 165 minute order before noticing the motion. (This is a text-only entry generated by the

court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 6/13/2019) (Entered: 06/13/2019)

06/14/2019

170 Renotice motion hearing re 168 MOTION for Partial Summary Judgment filed bySierra Club, Southern Border Communities Coalition. (Related document(s) 168 ) (Zafar, Noor) (Filed on 6/14/2019) (Entered: 06/14/2019)

06/17/2019

171 Consent MOTION for Leave to File Amicus Curiae Brief filed by United States House of Representatives. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Proposed Order)(Letter, Douglas) (Filed on 6/17/2019) (Entered: 06/17/2019)

06/18/2019

172 Consent MOTION for Leave to File Amicus Curiae in Support of Plaitniffs' Motion for Partial Summary Judgment filed by Tohono O'odham Nation. (Attachments: # 1 Exhibit Amicus Curiae Brief, # 2 Proposed Order)(Adams, Matthew) (Filed on 6/18/2019) (Entered: 06/18/2019)

06/18/2019

173 CERTIFICATE OF SERVICE by Tohono O'odham Nation re 172 Consent MOTION for Leave to File Amicus Curiae in Support of Plaitniffs' Motion for Partial Summary Judgment (Adams, Matthew) (Filed on 6/18/2019) (Entered: 06/18/2019)

06/18/2019

174 ORDER by Judge Haywood S. Gilliam, Jr. Granting 171 Motion for Leave to File amicus curiae brief. Counsel is directed to file the amicus curiae brief on the docket in this matter. (ndrS, COURT STAFF) (Filed on 6/18/2019) (Entered: 06/18/2019)

06/18/2019

175 ORDER by Judge Haywood S. Gilliam, Jr. Granting 172 Motion for Leave to File amicus curiae brief. Counsel is directed to file the amicus curiae brief on the docket. (ndrS, COURT STAFF) (Filed on 6/18/2019) (Entered: 06/18/2019)

06/19/2019

176 Brief of Amicus Curiae in support of Motion for Partial Summary Judgment filed byUnited States House of Representatives. (Letter, Douglas) (Filed on 6/19/2019) Modified on 6/20/2019 (cpS, COURT STAFF). (Entered: 06/19/2019)

06/19/2019

177 Brief of Amicus Curiae in support of Motion for Supplemental Preliminary Injunction filed byTohono O'odham Nation. (Adams, Matthew) (Filed on 6/19/2019) Modified on 6/20/2019 (cpS, COURT STAFF). (Entered: 06/19/2019)

06/19/2019 178 ORDER by Judge Haywood S. Gilliam, Jr. Granting 156 Motion for Pro Hac Vice as to Daughety, Samuel. (ndrS, COURT STAFF) (Filed on 6/19/2019) (Entered: 06/19/2019)

06/19/2019 179 ORDER by Judge Haywood S. Gilliam, Jr. Granting 157 Motion for Pro Hac Vice as to Schaeffer, Suzanne. (ndrS, COURT STAFF) (Filed on 6/19/2019) (Entered: 06/19/2019)

06/19/2019 180 ORDER by Judge Haywood S. Gilliam, Jr. Granting 158 Motion for Pro Hac Vice as to Rees, Joshua. (ndrS, COURT STAFF) (Filed on 6/19/2019) (Entered: 06/19/2019)

06/19/2019

181 MOTION for Partial Summary Judgment and Opposition to Plaintiffs' Motion for Partial Summary Judgment filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump. Responses due by 6/24/2019. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Proposed Order)(Warden, Andrew) (Filed on 6/19/2019) Modified on 6/20/2019 (cpS, COURT STAFF). (Entered: 06/19/2019)

06/24/2019 182 REPLY (re 168 MOTION for Partial Summary Judgment ) filed bySierra Club, Southern Border Communities Coalition. (Attachments: # 1 Exhibit)(Zafar, Noor) (Filed on 6/24/2019) (Entered: 06/24/2019)

06/24/2019

183 ORDER of USCA: Brief is due 6/28/2019, and shall not exceed 8000 words as to 145 Notice of Appeal, filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump (cpS, COURT STAFF) (Filed on 6/24/2019) Modified on 6/26/2019 (cpS, COURT STAFF). (Entered: 06/26/2019)

06/28/2019

184 JOINT STATUS REPORT Regarding Defendants' Construction Plans by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump, Sierra Club, Southern Border Communities Coalition. (Warden, Andrew) (Filed on 6/28/2019) Modified on 6/30/2019 (cpS, COURT STAFF). (Entered: 06/28/2019)

06/28/2019

185 ORDER by Judge Haywood S. Gilliam, Jr., GRANTING IN PART and DENYING IN PART 168 Plaintiffs' Motion for Partial Summary Judgment; DENYING 181 Defendants' Motion for Partial Summary Judgment; CERTIFYING Judgment for Appeal; DENYING Request to Stay. (hsglc3S, COURT STAFF) (Filed on 6/28/2019) (Entered: 06/28/2019)

06/28/2019

186 PARTIAL JUDGMENT. Signed by Judge Haywood S. Gilliam, Jr. on 6/28/2019.(hsglc3S, COURT STAFF) (Filed on 6/28/2019) Modified on 7/9/2019 (cpS, COURT STAFF). (Entered: 06/28/2019)

06/29/2019 187 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump. Appeal of Order on Motion for Partial Summary

Judgment,,, 185 , Judgment 186 (Appeal fee FEE WAIVED.) (Warden, Andrew) (Filed on 6/29/2019) (Entered: 06/29/2019)

07/01/2019

188 NOTICE of Filing of Administrative Record for the Treasury Forfeiture Fund by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump (Attachments: # 1 Exhibit Certification, # 2 Exhibit TFF Administrative Record)(Warden, Andrew) (Filed on 7/1/2019) Modified on 7/2/2019 (cpS, COURT STAFF). (Entered: 07/01/2019)

07/01/2019

189 USCA Case Number 19-16300 Ninth Circuit Court of Appeals for 187 Notice of Appeal, filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump. (cjlS, COURT STAFF) (Filed on 7/1/2019) (Entered: 07/01/2019)

07/03/2019

190 ORDER of USCA GRANTING motion to consolidate appeal Nos. 1916102 and 19-16300 as to 145 Notice of Appeal, 187 Notice of Appeal, filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump (cpS, COURT STAFF) (Filed on 7/3/2019) (Entered: 07/05/2019)

07/03/2019

192 ORDER of USCA, Defendants' Motion for Stay is denied, as to 145 Notice of Appeal, filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump, 187 Notice of Appeal, filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump (jjbS, COURT STAFF) (Filed on 7/3/2019) (Entered: 07/09/2019)

07/08/2019

191 STIPULATION WITH PROPOSED ORDER Staying Summary Judgment Briefing Schedule on Claims Related to 10 U.S.C. § 2808 and the Treasury Forfeiture Fund filed by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump, and Plaintiffs. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 7/8/2019) Modified on 7/9/2019 (jjbS, COURT STAFF). (Entered: 07/08/2019)

07/09/2019

193 ORDER by Hon. Haywood S. Gilliam, Jr., STAYING all outstanding summary judgment briefing deadlines and SETTING a telephone conference for July 17, 2019 at 3:00 p.m., to discuss a briefing schedule. Counsel shall contact CourtCall at (866) 5826878 to make arrangements for the telephonic appearance. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 7/9/2019) (Entered: 07/09/2019)

07/09/2019

Set Hearing, See Docket Nos. 194 in case no. 19-cv-00872-HSG and 193 in case no. 19-cv-00892-HSG: Telephone Conference set for 7/17/2019 03:00 PM in Oakland, Chambers before Judge Haywood S.

Gilliam Jr. (ndrS, COURT STAFF) (Filed on 7/9/2019) (Entered: 07/10/2019)

07/11/2019 194 NOTICE of Change of Address by Kathleen R. Hartnett (Hartnett, Kathleen) (Filed on 7/11/2019) (Entered: 07/11/2019)

07/12/2019

195 SUPPLEMENTAL DECLARATION of Loren Flossman Addressing Treasury Forfeiture Fund by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump. (Attachments: # 1 Flossman Declaration (July 11, 2019))(Warden, Andrew) (Filed on 7/12/2019) Modified on 7/15/2019 (jjbS, COURT STAFF). (Entered: 07/12/2019)

07/15/2019

Electronic filing error. Incorrect event used. [err101]. Correct event is "Declaration." Event can be found under Civil Events > Motions and Related Filings > Mot ions-General > Declaration in Support/Opposition. Corrected by Clerk's Office. No further action is necessary. Re: 195 Notice (Other), filed by Steven Mnuchin, Mark T Esper, Kevin K. McAleenan, Donald J. Trump. (jjbS, COURT STAFF) (Filed on 7/15/2019) (Entered: 07/15/2019)

07/15/2019

196 ORDER of USCA, Defendants' Unopposed Motion to Consolidate Appeals is Granted, as to (145 in 4:19-cv-00892-HSG) Notice of Appeal, filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump, (187 in 4:19-cv-00892-HSG) Notice of Appeal, filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump, (187 in 4:19-cv-00872-HSG) Notice of Appeal,, filed by U.S. Department of Homeland Security, David Bernhardt, Richard V. Spencer, Mark T. Esper, Department of Defense, United States of America, Patrick M. Shanahan, U.S. Department of the Interior, Kirstjen M. Nielsen, Steven T. Mnuchin, U.S. Department of the Treasury, Donald J. Trump, (191 in 4:19-cv-00872-HSG) Notice of Cross Appeal to the Ninth Circuit, filed by State of California, State of New Mexico (jjbS, COURT STAFF) (Filed on 7/15/2019) (Entered: 07/16/2019)

07/17/2019

197 ORDER by Judge Haywood S. Gilliam, Jr. Granting 191 Stipulation Staying Summary Judgment Briefing Schedule on Claims Related to 10 U.S.C. § 2808 and the Treasury Forfeiture Fund. (ndrS, COURT STAFF) (Filed on 7/17/2019) (Entered: 07/17/2019)

07/17/2019

198 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephone Conference held on 7/17/2019. Total Time in Court: 10 Minutes. Not Reported. Plaintiff Attorney: Christine Chuang; Mollie Lee; Heather Leslie; Gavin McCabe; Craig Newby; Lee Sherman; Justin Sullivan; James Zahradka and Dror Ladin. Defendant Attorney: Andrew Warden. The Court advises

the parties that it will grant the stipulation and proposed order in Sierra Club v. Trump, No. 4:19-cv-00892-HSG (docket no. 191). The parties in California v. Trump, No. 4:19-cv-00872-HSG are directed to meet and confer and e-file (1) a revised stipulation and proposed order regarding summary judgment briefing related to 10 U.S.C. § 2808, and (2) a stipulated dismissal without prejudice concerning claims related to the Treasury Forfeiture Fund. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 7/17/2019) (Entered: 07/18/2019)

07/26/2019 199 ORDER of United States Supreme Court. (jjbS, COURT STAFF) (Filed on 7/26/2019) (Entered: 07/29/2019)

08/27/2019

200 NOTICE Of Decision by the Department of Defense to Authorize Additional Border Barrier Projects Pursuant to 10 U.S.C. § 284 by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump (Attachments: # 1 Exhibit, # 2 Exhibit)(Warden, Andrew) (Filed on 8/27/2019) Modified on 8/28/2019 (jjbS, COURT STAFF). (Entered: 08/27/2019)

09/03/2019

201 NOTICE of Decision by the Department of Defense to Authorize Border Barrier Projects Pursuant to 10 U.S.C. § 2808 by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Warden, Andrew) (Filed on 9/3/2019) Modified on 9/4/2019 (jjbS, COURT STAFF). (Entered: 09/03/2019)

09/05/2019

202 Supplement to 201 Notice of Decision by the Department of Defense to Authorize Border Barrier Projects Pursuant to 10 U.S.C. § 2808 by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump (Attachments: # 1 Exhibit)(Warden, Andrew) (Filed on 9/5/2019) Modified on 9/6/2019 (jjbS, COURT STAFF). (Entered: 09/05/2019)

09/13/2019

203 STATUS REPORT Filed Jointly By Plaintiffs and Defendants Proposing Briefing Schedule For Summary Judgment Motions on Claims Related to 10 U.S.C. § 2808 by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump, Sierra Club, and Southern Border Communities Coalition. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 9/13/2019) Modified on 9/16/2019 (jjbS, COURT STAFF). (Entered: 09/13/2019)

09/13/2019

204 Supplemental NOTICE Regarding Decision by the Department of Defense to Authorize Additional Border Barrier Projects Pursuant to 10 U.S.C. § 284 by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump re 200 Notice (Other), (Attachments:

# 1 Exhibit)(Warden, Andrew) (Filed on 9/13/2019) Modified on 9/16/2019 (jjbS, COURT STAFF). (Entered: 09/13/2019)

09/16/2019

205 SCHEDULING ORDER: Motions due by 10/11/2019; Cross Motions due by 10/25/2019; Responses due by 11/1/2019; Replies due by 11/8/2019 and Motion Hearing set for 11/20/2019 10:00 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 9/16/2019. (ndrS, COURT STAFF) (Filed on 9/16/2019) Modified on 9/17/2019 to correct typo (time 10 not 2) (ndrS, COURT STAFF). (Entered: 09/16/2019)

09/16/2019

206 NOTICE by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump of Filing of Administrative Record For Section 2808 Border Barrier Projects (Attachments: # 1 Exhibit Certification, # 2 Exhibit 2808 Administrative Record - Part 1, # 3 Exhibit 2808 Administrative Record - Part 2, # 4 Exhibit 2808 Administrative Record - Part 3)(Warden, Andrew) (Filed on 9/16/2019) (Entered: 09/16/2019)

09/17/2019

207 NOTICE of Withdrawal of Counsel Christine P. Sun by Mollie M Lee (Lee, Mollie) (Filed on 9/17/2019) Modified on 9/18/2019 (jjbS, COURT STAFF). (Entered: 09/17/2019)

09/30/2019

208 NOTICE Regarding Funding of Border Barrier Projects Pursuant to 10 U.S.C. § 284 in Fiscal Year 2020 by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump (Attachments: # 1 Declaration)(Warden, Andrew) (Filed on 9/30/2019) Modified on 10/1/2019 (jjbS, COURT STAFF). (Entered: 09/30/2019)

10/03/2019

209 NOTICE Regarding Use Of The Treasury Forfeiture Fund by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump (Attachments: # 1 Declaration, # 2 Declaration)(Warden, Andrew) (Filed on 10/3/2019) Modified on 10/4/2019 (jjbS, COURT STAFF). (Entered: 10/03/2019)

10/11/2019

210 MOTION for Partial Summary Judgment filed by Sierra Club, Southern Border Communities Coalition. Motion Hearing set for 11/20/2019 10:00 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 10/25/2019. Replies due by 11/1/2019. (Attachments: # 1 Appendix of Declarations, # 2 Request for Judicial Notice, # 3 Proposed Order)(Ladin, Dror) (Filed on 10/11/2019) (Entered: 10/11/2019)

10/17/2019

211 MOTION for Leave to File Amicus Curiae Brief filed by Brennan Center for Justice at NYU School of Law. (Attachments: # 1 Proposed Order Granting Motion for Leave to File Memorandum of Brennan

Center for Justice and Cato Institute as Amici Curiae in Support of Plaintiffs' Motion for Partial Summary Judgment, # 2 Exhibit Brief of the Brennan Center for Justice and the Cato Institute as Amici Curiae in Support of Plaintiffs' Motion for Partial Summary Judgment)(Goitein, Elizabeth) (Filed on 10/17/2019) (Entered: 10/17/2019)

10/17/2019 212 NOTICE of Appearance by Jessica L. Duggan (Duggan, Jessica) (Filed on 10/17/2019) (Entered: 10/17/2019)

10/18/2019

213 Consent MOTION to File Amicus Curiae Brief in Support of Plaintiffs' Motion for Partial Summary Judgment filed by Amici Curiae Former Members of Congress. Motion Hearing set for 11/20/2019 10:00 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 11/1/2019. Replies due by 11/8/2019. (Attachments: # 1 Exhibit Brief of Former Members of Congress as Amici Curiae in Support of Plaintiffs Motion for Partial Summary Judgment, # 2 Proposed Order Granting Consent Motion for Leave to File Brief of Former Members of Congress as Amici Curiae in Support of Plaintiffs Moition for Partial Summary Judgment)(Winthrop, Douglas) (Filed on 10/18/2019) (Entered: 10/18/2019)

10/18/2019

214 Consent MOTION for Leave to File Brief of Amicus Curiae NAACP Legal Defense & Educational Fund, Inc. in Support of Plantiffs' Motion for Partial Summary Judgment filed by NAACP Legal Defense and Educational Fund, Inc.. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Proposed Order)(Turnage Young, Michaele) (Filed on 10/18/2019) (Entered: 10/18/2019)

10/18/2019

215 Consent MOTION for Leave to File Brief as Amicus Curiae In Support of Plaintiffs Motion for Partial Summary Judgment filed by Tohono O'odham Nation. (Attachments: # 1 Exhibit Amicus Curiae Brief of Tohono Oodham Nation In Support of Plaintiffs Motion for Partial Summary Judgment, # 2 Proposed Order Granting Motion of Tohono Oodham Nation for Leave to File Brief as Amicus Curiae)(Duggan, Jessica) (Filed on 10/18/2019) (Entered: 10/18/2019)

10/18/2019

216 ORDER by Judge Haywood S. Gilliam, Jr. Granting 211 Motion for Leave to File Amicus Curiae Brief. Counsel is directed to file the amicus curiae brief on the docket in this matter. (ndrS, COURT STAFF) (Filed on 10/18/2019) (Entered: 10/18/2019)

10/18/2019

217 Consent MOTION to File Amicus Curiae Brief In Support of Plaintiffs Motion for Partial Summary Judgment filed by United States House of Representatives. Motion Hearing set for 11/20/2019 10:00 AM before Judge Haywood S Gilliam Jr.. Responses due by 11/1/2019. Replies due by 11/8/2019. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Letter, Douglas) (Filed on 10/18/2019) (Entered: 10/18/2019)

10/18/2019

218 Consent MOTION to File Amicus Curiae Brief in Support of Plaintiffs' Motion for Partial Summary Judgment filed by Former U.S. Government Officials. Motion Hearing set for 11/20/2019 10:00 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 11/1/2019. Replies due by 11/8/2019. (Attachments: # 1 Brief of Former U.S. Government Officials as Amici Curiae in Support of Plaintiffs Motion for Partial Summary Judgment, # 2 Proposed Order)(Hartnett, Kathleen) (Filed on 10/18/2019) (Entered: 10/18/2019)

10/21/2019

219 BRIEF as Amicus Curiae in Support of Motion for Partial Summary Judgment by Brennan Center for Justice at NYU School of Law. (Goitein, Elizabeth) (Filed on 10/21/2019) Modified on 10/22/2019 (jjbS, COURT STAFF). (Entered: 10/21/2019)

10/21/2019

220 ORDER by Hon. Haywood S. Gilliam, Jr. SETTING November 4, 2019, as the deadline for any motion for leave to file an amicus brief related to the partial motions for summary judgment, set for hearing on November 20, 2019, at 10:00 a.m., see Dkt. No. 220 in Case No. 4:19-cv-00872, and Dkt. No. 210 in Case No. 4:19-cv00892. Any motion received after November 4 will be denied as untimely. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 10/21/2019) (Entered: 10/21/2019)

10/21/2019

221 ORDER by Judge Haywood S. Gilliam, Jr. Granting 213 Consent MOTION to File Amicus Curiae Brief in Support of Plaintiffs' Motion for Partial Summary Judgment. Counsel is directed to file the amicus curiae brief on the docket in this matter. (ndrS, COURT STAFF) (Filed on 10/21/2019) (Entered: 10/21/2019)

10/21/2019

222 ORDER by Judge Haywood S. Gilliam, Jr. Granting 214 Consent MOTION for Leave to File Brief of Amicus Curiae NAACP Legal Defense & Educational Fund, Inc. in Support of Plantiffs' Motion for Partial Summary Judgment. Counsel is directed to file the amicus curiae brief on the docket in this matter. (ndrS, COURT STAFF) (Filed on 10/21/2019) (Entered: 10/21/2019)

10/21/2019

223 ORDER by Judge Haywood S. Gilliam, Jr. Granting 215 Consent MOTION for Leave to File Brief as Amicus Curiae In Support of Plaintiffs Motion for Partial Summary Judgment. Counsel is directed to file the amicus curiae brief on the docket in this matter. (ndrS, COURT STAFF) (Filed on 10/21/2019) Modified on 10/21/2019 to add language on the docket that appears on the written order. (ndrS, COURT STAFF). (Entered: 10/21/2019)

10/21/2019

224 ORDER by Judge Haywood S. Gilliam, Jr. Granting 217 Consent MOTION to File Amicus Curiae Brief In Support of Plaintiffs Motion for Partial Summary Judgment. Counsel is directed to file the amicus curiae brief on the docket in this matter. (ndrS, COURT STAFF) (Filed on 10/21/2019) (Entered: 10/21/2019)

10/21/2019

225 ORDER by Judge Haywood S. Gilliam, Jr. Granting 218 Consent MOTION to File Amicus Curiae Brief in Support of Plaintiffs' Motion for Partial Summary Judgment. Counsel is directed to file the amicus curiae brief on the docket in this matter. (ndrS, COURT STAFF) (Filed on 10/21/2019) (Entered: 10/21/2019)

10/21/2019

226 Brief of Former U.S. Government Officials as Amici Curiae in Support of Plaintiffs' Motion for Partial Summary Judgment filed byFormer U.S. Government Officials. (Hartnett, Kathleen) (Filed on 10/21/2019) (Entered: 10/21/2019)

10/21/2019 227 NOTICE of Appearance by Mark R. Conrad (Conrad, Mark) (Filed on 10/21/2019) (Entered: 10/21/2019)

10/21/2019

228 Consent MOTION for Leave to File Amicus Curiae Brief In Support of Plaintiffs Motion for Partial Summary Judgment filed by Iraq and Afghanistan Veterans of America. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Conrad, Mark) (Filed on 10/21/2019) (Entered: 10/21/2019)

10/21/2019

229 Brief of Amicus Curiae in Support of Plaintiffs' Motion for Partial Summary Judgment filed by NAACP Legal Defense and Educational Fund, Inc.. (Related document(s) 222 ) (Turnage Young, Michaele) (Filed on 10/21/2019) Modified on 10/22/2019 (jjbS, COURT STAFF). (Entered: 10/21/2019)

10/22/2019

230 Brief of Amicus Curiae in Support of Plaintiffs' Motion for Partial Summary Judgment filed byUnited States House of Representatives. (Letter, Douglas) (Filed on 10/22/2019) Modified on 10/23/2019 (jjbS, COURT STAFF). (Entered: 10/22/2019)

10/22/2019

231 ORDER by Judge Haywood S. Gilliam, Jr. Granting 228 Consent MOTION for Leave to File Amicus Curiae Brief In Support of Plaintiffs Motion for Partial Summary Judgment. Counsel is directed to file the amicus curiae brief on the docket in this matter. (ndrS, COURT STAFF) (Filed on 10/22/2019) (Entered: 10/22/2019)

10/22/2019 232 Amicus Curiae Brief In Support of Plaintiffs Motion for Partial Summary Judgment re 231 Order on Motion for Leave to File, filed by Iraq and Afghanistan Veterans of America. (Related document(s) 231 )

(Conrad, Mark) (Filed on 10/22/2019) Modified on 10/23/2019 (jjbS, COURT STAFF). (Entered: 10/22/2019)

10/22/2019

233 Amicus Curiae Brief In Support of Plaintiffs Motion for Partial Summary Judgment re 223 Order on Motion for Leave to File, filed byTohono O'odham Nation. (Related document(s) 223 ) (Duggan, Jessica) (Filed on 10/22/2019) Modified on 10/23/2019 (jjbS, COURT STAFF). (Entered: 10/22/2019)

10/25/2019 234 NOTICE of Appearance by Megan Barbero (Barbero, Megan) (Filed on 10/25/2019) (Entered: 10/25/2019)

10/25/2019

235 MOTION for Leave to Present Argument in the Summary Judgment Hearing filed by United States House of Representatives. Motion Hearing set for 11/20/2019 10:00 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 11/8/2019. Replies due by 11/15/2019. (Attachments: # 1 Proposed Order)(Barbero, Megan) (Filed on 10/25/2019) (Entered: 10/25/2019)

10/25/2019

236 MOTION for Partial Summary Judgment Regarding Border Barrier Projects Undertaken Pursuant to 10 U.S.C. § 2808 and Opposition to Plaintiffs' Motion for Partial Summary Judgment filed by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump. Motion Hearing set for 11/20/2019 10:00 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 11/1/2019. Replies due by 11/8/2019. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Proposed Order)(Warden, Andrew) (Filed on 10/25/2019) (Entered: 10/25/2019)

10/31/2019

237 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13843625.) filed by Iraq and Afghanistan Veterans of America. (Attachments: # 1 Exhibit Certificate of Good Standing)(Rodman, Lindsay) (Filed on 10/31/2019) (Entered: 10/31/2019)

10/31/2019

238 ORDER by Judge Haywood S. Gilliam, Jr. Granting 235 Motion for Leave to Present Argument in the Summary Judgment Hearing. (ndrS, COURT STAFF) (Filed on 10/31/2019) (Entered: 10/31/2019)

11/01/2019

239 REPLY (re 210 MOTION for Partial Summary Judgment , 236 MOTION for Partial Summary Judgment Regarding Border Barrier Projects Undertaken Pursuant to 10 U.S.C. § 2808 and Opposition to Plaintiffs' Motion for Partial Summary Judgment ) filed bySierra Club, Southern Border Communities Coalition. (Attachments:

# 1 Supplemental Request for Judicial Notice, # 2 Second Appendix of Declarations)(Ladin, Dror) (Filed on 11/1/2019) (Entered: 11/01/2019)

11/04/2019

240 ORDER by Judge Haywood S. Gilliam, Jr. Granting 237 Motion for Pro Hac Vice as to Rodman, Lindsay. (ndrS, COURT STAFF) (Filed on 11/4/2019) (Entered: 11/04/2019)

11/04/2019

241 Consent MOTION to File Amicus Curiae Brief filed by Federal Courts Scholars. Motion Hearing set for 11/20/2019 10:00 AM before Judge Haywood S Gilliam Jr.. Responses due by 11/18/2019. Replies due by 11/25/2019. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Wydra, Elizabeth) (Filed on 11/4/2019) (Entered: 11/04/2019)

11/04/2019

242 Consent MOTION to File Amicus Curiae Brief in Support of Motion for Summary Judgment filed by Andy Barr. Motion Hearing set for 11/20/2019 10:00 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 11/18/2019. Replies due by 11/25/2019. (Attachments: # 1 Exhibit Proposed Amicus Memo of Law, # 2 Proposed Order proposed order)(Joseph, Lawrence) (Filed on 11/4/2019) Modified on 11/5/2019 (jjbS, COURT STAFF). (Entered: 11/04/2019)

11/05/2019

243 ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 243 in case 4:19-cv-00872-HSG and 241 in case 4:19-cv-00892HSG) Motion to File Amicus Curiae Brief. Counsel is directed to file federal courts scholars amici curiae brief on the docket in these matters. (ndrS, COURT STAFF) (Filed on 11/5/2019) (Entered: 11/05/2019)

11/05/2019

244 ORDER by Judge Haywood S. Gilliam, Jr. Granting Consent 242 MOTION to File Amicus Curiae Brief in Support of Motion for Summary Judgment. Counsel is directed to file the brief on the docket. (ndrS, COURT STAFF) (Filed on 11/5/2019) Modified on 11/5/2019 (ndrS, COURT STAFF). (Entered: 11/05/2019)

11/05/2019

245 Brief of Amici Curiae Federal Courts Scholars in Opposition to Defendants' Motion for Partial Summary Judgment filed by Federal Courts Scholars. (Wydra, Elizabeth) (Filed on 11/5/2019) Modified on 11/6/2019 (jjbS, COURT STAFF). (Entered: 11/05/2019)

11/05/2019

246 Brief of U.S. Rep. Any Barr as Amicus Curiae in Support of Defendant's Motion for Partial Summary Judgment re 244 Order on Motion to File Amicus Curiae Brief, filed by Andy Barr. (Related document(s) 244 ) (Joseph, Lawrence) (Filed on 11/5/2019) Modified on 11/6/2019 (jjbS, COURT STAFF). (Entered: 11/05/2019)

11/08/2019

247 REPLY (re 236 MOTION for Partial Summary Judgment Regarding Border Barrier Projects Undertaken Pursuant to 10 U.S.C. § 2808 and Opposition to Plaintiffs' Motion for Partial Summary Judgment ) filed byMark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump. (Attachments: # 1 Exhibit, # 2 Exhibit)(Warden, Andrew) (Filed on 11/8/2019) (Entered: 11/08/2019)

11/20/2019

248 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Motion Hearing held on 11/20/2019. Total Time in Court: 2 Hours and 7 Minutes. Court Reporter: Pamela BataloHebel. Plaintiff Attorney: Heather Leslie; Dror Ladin and Megan Barbero. Defendant Attorney: Eric Grant and James Burnham. Cross-motions for partial summary judgment (docket nos. 220 and 236 in case no. 19-cv-00872-HSG and 210 and 236 in case no. 19-cv00892-HSG) are argued and submitted by the parties. Counsel for defendants are directed to advise the Court in a filing by noon Pacific Standard Time on November 25th (maximum of five pages), 1) whether there is underlying authority for the nearby limitation cited in the Section 2808 Administrative Record; and 2) how, and under whose authority, a military installation may be created. Counsel for plaintiffs responses are due by close of business (5 p.m.) on November 26th. The motions will be deemed submitted upon filing of plaintiffs responses. Written order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 11/20/2019) (Entered: 11/20/2019)

11/25/2019

249 RESPONSE To The Court's November 20, 2019 Order Requesting Additional Information About Military Installations by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump. (Attachments: # 1 Exhibit)(Warden, Andrew) (Filed on 11/25/2019) (Entered: 11/25/2019)

11/25/2019

250 TRANSCRIPT ORDER for proceedings held on November 20, 2019 before Judge Haywood S Gilliam, Jr by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump, for Court Reporter Pam Batalo. (Warden, Andrew) (Filed on 11/25/2019) (Entered: 11/25/2019)

11/26/2019

251 Transcript of Proceedings held on 11/20/19, before Judge Gilliam. Court Reporter Pamela Batalo Hebel, telephone number 626-688-7509; pamela_batalo-hebel@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 (253 in 4:19cv-00872-HSG) Transcript Order, (252 in 4:19-cv-00872-HSG) Transcript Order, (250 in 4:19-cv-00892-HSG) Transcript Order ) Redaction Request due 12/17/2019. Redacted Transcript Deadline set for 12/27/2019. Release of Transcript Restriction set for 2/24/2020. (Batalo, Pam) (Filed on 11/26/2019) (Entered: 11/26/2019)

11/26/2019

252 RESPONSE re 249 Response, to the Court's November 20, 2019 Order Requesting Additional Information About Military Installations by Sierra Club, Southern Border Communities Coalition. (Ladin, Dror) (Filed on 11/26/2019) Modified on 11/27/2019 (jjbS, COURT STAFF). (Entered: 11/26/2019)

11/27/2019

253 TRANSCRIPT ORDER for proceedings held on 11/20/2019 before Judge Haywood S Gilliam, Jr for Court Reporter Pam Batalo. (oh, COURT STAFF) (Filed on 11/27/2019) (Entered: 11/27/2019)

11/27/2019 254 TRANSCRIPT ORDER for proceedings held on 11/20/2019 before Judge Haywood S Gilliam, Jr for Court Reporter Pam Batalo. (oh, COURT STAFF) (Filed on 11/27/2019) (Entered: 11/27/2019)

12/05/2019 255 TRANSCRIPT ORDER for proceedings held on 11/20/2019 before Judge Haywood S Gilliam, Jr by Sierra Club, for Court Reporter Pam Batalo. (Ladin, Dror) (Filed on 12/5/2019) (Entered: 12/05/2019)

12/05/2019

256 TRANSCRIPT ORDER for proceedings held on 11/20/2019 before Judge Haywood S Gilliam, Jr by Tohono O'odham Nation, for Court Reporter Pam Batalo. (Daughety, Samuel) (Filed on 12/5/2019) (Entered: 12/05/2019)

12/10/2019

257 NOTICE of Decision in El Paso County v. Trump (W.D. Tex.) by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump (Attachments: # 1 Exhibit)(Warden, Andrew) (Filed on 12/10/2019) Modified on 12/10/2019 (jjbS, COURT STAFF). (Entered: 12/10/2019)

12/11/2019

258 ORDER by Judge Haywood S. Gilliam, Jr. GRANTING IN PART AND DENYING IN PART PLAINTIFFS (220 in case 4:19-cv00872-HSG and 210 in case 4:19-cv-00892-HSG) MOTIONS FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANTS (236 in case 4:19-cv-00872-HSG and 236 in case 4:19-cv-00892-HSGM OTIONS FOR PARTIAL SUMMARY JUDGMENT.(ndrS, COURT STAFF) (Filed on 12/11/2019) (Entered: 12/11/2019)

12/11/2019 259 CLERK'S JUDGMENT. (ndrS, COURT STAFF) (Filed on 12/11/2019) (Entered: 12/11/2019)

12/13/2019

260 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump. Appeal of Clerk's Judgment 259 , Order on Motion for Partial Summary Judgment,,,,,,, 258 (Appeal fee FEE WAIVED.) (Warden, Andrew) (Filed on 12/13/2019) (Entered: 12/13/2019)

12/16/2019

261 USCA Case Number 19-17501 Ninth Circuit Court of Appeals for 260 Notice of Appeal, filed by Steven Mnuchin, Mark T Esper, Kevin K. McAleenan, Donald J. Trump. (cjlS, COURT STAFF) (Filed on 12/16/2019) (Entered: 12/16/2019)

12/26/2019 262 ORDER of USCA, motion for leave to file an amicus curiae brief is GRANTED, as to 261 USCA Case Number (jjbS, COURT STAFF) (Filed on 12/26/2019) (Entered: 12/27/2019)

12/30/2019

263 ORDER of USCA dying the request to lift the stay, as to 260 Notice of Appeal, filed by Steven Mnuchin, Mark T Esper, Kevin K. McAleenan, Donald J. Trump (jjbS, COURT STAFF) (Filed on 12/30/2019) Modified on 1/2/2020 (jjbS, COURT STAFF). (Entered: 12/30/2019)

01/03/2020

264 ORDER of USCA as to 260 Notice of Appeal, filed by Steven Mnuchin, Mark T Esper, Kevin K. McAleenan, Donald J. Trump. (jjbS, COURT STAFF) (Filed on 1/3/2020) (Entered: 01/06/2020)

01/06/2020 265 ORDER by Judge Haywood S. Gilliam, Jr. Granting Consent 159 MOTION to File Amicus Curiae Brief.(ndrS, COURT STAFF) (Filed on 1/6/2020) (Entered: 01/06/2020)

01/08/2020

266 NOTICE Regarding Use Of The Treasury Forfeiture Fund by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump (Attachments: # 1 Exhibit)(Warden, Andrew) (Filed on 1/8/2020) Modified on 1/9/2020 (jjbS, COURT STAFF). (Entered: 01/08/2020)

01/21/2020

267 STIPULATION WITH PROPOSED ORDER Requesting Enlargement of Time to File Proposed Schedule for Briefing Treasury Forfeiture Fund Claims filed by Sierra Club, Southern Border Communities Coalition, Donald J. Trump, Steven Mnuchin, Kevin K. McAleenan, ad Mark T. Esper. (Attachments: # 1 Proposed Order)(Zafar, Noor) (Filed on 1/21/2020) Modified on 1/22/2020 (jjbS, COURT STAFF). (Entered: 01/21/2020)

01/21/2020

268 ORDER by Judge Haywood S. Gilliam, Jr. Granting 267 Stipulation Requesting Enlargement of Time to File Proposed Schedule for Briefing Treasury Forfeiture Fund Claims. (ndrS, COURT STAFF) (Filed on 1/21/2020) (Entered: 01/21/2020)

01/22/2020

269 SUPPLEMENTAL NOTICE Regarding Section 2808 Construction by Kevin K. McAleenan, Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump (Attachments: # 1 Exhibit)(Westmoreland, Rachael) (Filed on 1/22/2020) Modified on 1/23/2020 (jjbS, COURT STAFF). (Entered: 01/22/2020)

01/23/2020

270 MOTION to Withdraw as Attorney Matthew G. Adams as Counsel for Amici Curiae filed by Tohono O'odham Nation. Responses due by 2/6/2020. Replies due by 2/13/2020. (Attachments: # 1 Proposed Order)(Duggan, Jessica) (Filed on 1/23/2020) (Entered: 01/23/2020)

01/24/2020

271 ORDER by Judge Haywood S. Gilliam, Jr. Granting 270 Motion to Withdraw as Attorney Matthew G. Adams as Counsel for Amici Curiae. (ndrS, COURT STAFF) (Filed on 1/24/2020) (Entered: 01/24/2020)

01/24/2020 272 ORDER of USCA as to 260 Notice of Appeal, filed by Steven Mnuchin, Mark T Esper, Kevin K. McAleenan, Donald J. Trump (jjbS, COURT STAFF) (Filed on 1/24/2020) (Entered: 01/29/2020)

02/04/2020

273 ADMINISTRATIVE MOTION to Withdraw as Attorney filed by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump. Responses due 2/10/2020. (Burnham, James) (Filed on 2/4/2020) Modified on 2/4/2020 (jjbS, COURT STAFF). (Entered: 02/04/2020)

02/04/2020 274 ORDER by Judge Haywood S. Gilliam, Jr. Granting 273 Motion to Withdraw as Attorney. (ndrS, COURT STAFF) (Filed on 2/4/2020) (Entered: 02/04/2020)

02/04/2020

275 STIPULATION WITH PROPOSED ORDER Requesting Enlargement of Time to File Proposed Schedule for Briefing the Treasury Forfeiture Fund Claims re 268 Order on Stipulation filed by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump, Sierra Club, and Southern Border Communities Coalition. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 2/4/2020) Modified on 2/5/2020 (jjbS, COURT STAFF). (Entered: 02/04/2020)

02/05/2020

276 ORDER by Judge Haywood S. Gilliam, Jr. Granting 275 Stipulation Requesting Enlargement of Time to File Proposed Schedule for Briefing the Treasury Forfeiture Fund Claims Re Docket No. 268 . (ndrS, COURT STAFF) (Filed on 2/5/2020) (Entered: 02/05/2020)

02/05/2020 277 STIPULATION WITH PROPOSED ORDER for Order Dismissing Without Prejudice Plaintiff's Treasury Forfeiture Fund Claims filed by Sierra Club, Southern Border Communities Coalition, Donald J.

Trump, Steven Mnuchin, Mark T. Esper, and Kevin K. McAleenan. (Attachments: # 1 Proposed Order)(Ladin, Dror) (Filed on 2/5/2020) Modified on 2/6/2020 (jjbS, COURT STAFF). (Entered: 02/05/2020)

02/06/2020

278 ORDER by Judge Haywood S. Gilliam, Jr. Granting 277 Stipulation for Order Dismissing Without Prejudice Plaintiff's Treasury Forfeiture Fund Claims.(ndrS, COURT STAFF) (Filed on 2/6/2020) (Entered: 02/06/2020)

02/07/2020

279 ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING parties in State of California v. Trump, Case No. 19-0872, and Sierra Club v. Trump, Case No. 19-0892, TO SHOW CAUSE why judgment should not be entered and the cases closed in accordance with the Court's orders on the motions for summary judgment and in light of Plaintiffs' dismissal of the claims related to the Treasury Forfeiture Fund. The parties shall file a joint statement of two pages or less by February 14, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 2/7/2020) (Entered: 02/07/2020)

02/13/2020

280 NOTICE Regarding Authorization of Additional Border Barrier Projects Pursuant to 10 U.S.C. § 284 by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump (Attachments: # 1 Declaration Seventh Rapuano Declaration, # 2 Declaration Second Stiglich Declaration)(Warden, Andrew) (Filed on 2/13/2020) Modified on 2/14/2020 (jjbS, COURT STAFF). (Entered: 02/13/2020)

02/14/2020

281 JOINT STATEMENT IN RESPONSE TO ORDER TO SHOW CAUSE by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump, Sierra Club, and Southern Border Communities Coalition. (Warden, Andrew) (Filed on 2/14/2020) Modified on 2/18/2020 (jjbS, COURT STAFF). (Entered: 02/14/2020)

02/18/2020

282 CLERK'S NOTICE SETTING TELEPHONIC CONFERENCE. Notice is hereby given that a Telephonic Conference has been set for February 20th, before Judge Haywood S. Gilliam, Jr., at 10:00 a.m. Counsel shall contact CourtCall at (866) 582- 6878 to make arrangements for the telephonic appearance. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 2/18/2020) (Entered: 02/18/2020)

02/20/2020

283 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephone Conference held on 2/20/2020. Total Time in Court: 15 Minutes. Not Reported. Plaintiff Attorney: Christine Chuang; Heather Leslie; Lee Sherman; James Zahradka; Dror Ladin; Molloe Lee and Noor Zafar all appearing via courtcall.

Defendant Attorney: Andrew Warden appearing via courtcall. Plaintiffs are directed that to the extent they want to bring additional claims or allege additional facts in light of Defendants notice regarding authorization of additional border barrier projects they may e-file new complaints that the Court will relate to these actions. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 2/20/2020) (Entered: 02/21/2020)

02/28/2020

284 MOTION to Relate Case filed by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Complaint, # 2 Proposed Order, # 3 Certificate/Proof of Service)(Ladin, Dror) (Filed on 2/28/2020) (Entered: 02/28/2020)

03/02/2020

285 RELATED CASE ORDER by Judge Haywood S. Gilliam, Jr Re Docket No. 284 . (ndrS, COURT STAFF) (Filed on 3/2/2020) (Entered: 03/02/2020)

04/29/2020

286 NOTICE of Changes In Funding For Border Barrier Projects Undertaken Pursuant to 10 U.S.C. § 2808 in Fiscal Year 2019, filed by Mark T Esper, Kevin K. McAleenan, Steven Mnuchin, Donald J. Trump (Attachments: # 1 Exhibit)(Warden, Andrew) (Filed on 4/29/2020) Modified on 4/30/2020 (jlmS, COURT STAFF). (Entered: 04/29/2020)

05/01/2020 287 ORDER of USCA: That the motion for leave to file amicus curiae brief is GRANTED as to 260 Notice of Appeal. USCA No. 19-17501 (jlmS, COURT STAFF) (Filed on 5/1/2020) (Entered: 05/04/2020)

06/05/2020 288 ***ERRONEOUS ENTRY; PLEASE REFER TO DOCUMENT NO. 289 ***

NOTICE of Substitution of Counsel by Vasudha Talla (Talla, Vasudha) (Filed on 6/5/2020) Modified on 6/8/2020 (jlmS, COURT STAFF). (Entered: 06/05/2020)

06/05/2020 289 NOTICE of Substitution of Counsel by Vasudha Talla (Talla, Vasudha) (Filed on 6/5/2020) (Entered: 06/05/2020)

06/26/2020

290 USCA Memorandum: Affirming the decision of the district court as to 145 Notice of Appeal, 187 Notice of Appeal; USCA No. 19-16102, USCA No. 19-16300 (jlmS, COURT STAFF) (Filed on 6/26/2020) (Entered: 06/26/2020)

06/26/2020 291 USCA Memorandum: Affirming the decision of the district court as to 260 Notice of Appeal; USCA Case No. 19-16299 (jlmS, COURT STAFF) (Filed on 6/26/2020) (Entered: 06/26/2020)

08/03/2020 292 ORDER of United States Supreme Court: That the motion to lift stay is denied. No. 19A60 (jlmS, COURT STAFF) (Filed on 8/3/2020) (Entered: 08/03/2020)

08/07/2020 293 USCA Case Number 20-138, Petition for a Writ of Certiorari, U.S. Supreme Court. (cjlS, COURT STAFF) (Filed on 8/7/2020) (Entered: 08/12/2020)

08/18/2020

294 MANDATE of USCA as to 145 Notice of Appeal, filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump, 187 Notice of Appeal, filed by Steven Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump (bnsS, COURT STAFF) (Filed on 8/18/2020) (Entered: 08/21/2020)

08/28/2020 295 NOTICE of Change of Address by Jonathan L. Hafetz (Hafetz, Jonathan) (Filed on 8/28/2020) (Entered: 08/28/2020)

10/09/2020 296 Opinion of USCA as to 260 Notice of Appeal filed by Steven Mnuchin, Mark T Esper, Kevin K. McAleenan, Donald J. Trump. (bnsS, COURT STAFF) (Filed on 10/9/2020) (Entered: 10/16/2020)

10/19/2020

297 USCA Order Case Number 20-138, Petition for a Writ of Certiorari is Granted, U.S. Supreme Court as to Doc 293 . (bnsS, COURT STAFF) (Filed on 10/19/2020) (Entered: 10/20/2020)

10/26/2020 298 ORDER of USCA as to 260 Notice of Appeal filed by Steven Mnuchin, Mark T Esper, Kevin K. McAleenan, Donald J. Trump (bnsS, COURT STAFF) (Filed on 10/26/2020) (Entered: 10/27/2020)

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 U.S. District Court California Northern District (Oakland) CIVIL DOCKET FOR CASE #: 4:20-cv-01494-HSG

Sierra Club et al v. Trump et al Assigned to: Judge Haywood S Gilliam, Jr Relate Case Case: 4:19-cv-00892-HSG Cause: 28:1331 Fed. Question

Date Filed: 02/28/2020 Jury Demand: None Nature of Suit: 890 Other Statutory Actions Jurisdiction: U.S. Government Defendant

Plaintiff Sierra Club

represented by Cecillia Derphine Wang American Civil Liberties Union Foundation Immigrants Rights Project 39 Drumm Street San Francisco, CA 94111 415-343-0775 Fax: 415-395-0950 Email: cwang@aclu.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dror Ladin American Civil Liberties Union Foundation 125 Broad Street 18th Floor New York, NY 10004 212-549-2500 Email: dladin@aclu.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

David A Donatti ACLU of Texas P.O. Box 8306 Houston, TX 77288 713-325-7011 Email: ddonatti@aclutx.org PRO HAC VICE ATTORNEY TO BE NOTICED

Gloria Diantha Smith Sierra Club 85 Second Street Suite 2 San Francisco, CA 94105 415-977-5532 Email: gloria.smith@sierraclub.org ATTORNEY TO BE NOTICED
Mollie M Lee Attorney General's Office 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 415-510-4439 Email: mollie.lee@doj.ca.gov TERMINATED: 06/05/2020
Noor Zafar American Civil Liberties Union Foundation 125 Broad Street 18th Floor New York, NY 10004 212-549-2500 Email: nzafar@aclu.org PRO HAC VICE ATTORNEY TO BE NOTICED
Sanjay Narayan Sierra Club 2101 Webster St Suite 1300 Oakland, CA 94612 415-977-5769 Email: sanjay.narayan@sierraclub.org ATTORNEY TO BE NOTICED
Vasudha Talla ACLU Foundation of Northern California, Inc. 39 Drumm Street San Francisco, CA 94111 (415) 621-2493

Plaintiff Southern Border Communities Coalition
V. Defendant

Fax: (415) 255-8437 Email: vtalla@aclunc.org ATTORNEY TO BE NOTICED
represented by Cecillia Derphine Wang (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dror Ladin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
David A Donatti (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Gloria Diantha Smith (See above for address) ATTORNEY TO BE NOTICED
Mollie M Lee (See above for address) TERMINATED: 06/05/2020
Noor Zafar (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Sanjay Narayan (See above for address) ATTORNEY TO BE NOTICED
Vasudha Talla (See above for address) ATTORNEY TO BE NOTICED

Donald J. Trump President of the United States, in his official capacity
Defendant Mark T. Esper U.S. Secretary of Defense, in his official capacity
Defendant Chad F. Wolf Acting U.S. Secretary of Homeland Security, in his official capacity
Amicus U.S. House of Representatives

represented by Andrew Irwin Warden U.S. Department of Justice, Civil Division 1100 L. Street, NW Washington, DC 20530 202-616-5084 Fax: 202-616-8460 Email: andrew.warden@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew Irwin Warden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew Irwin Warden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Douglas N. Letter U.S. House of Representatives Office of General Counsel 219 Cannon House Office Building Washington, DC 20515 202-225-9700 Email: douglas.letter@mail.house.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 02/28/2020

# Docket Text
1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-14228708.). Filed bySierra Club, Southern Border Communities Coalition. (Attachments: # 1 Civil Cover Sheet)(Wang, Cecillia) (Filed on 2/28/2020) (Entered: 02/28/2020)

02/28/2020 02/28/2020 02/28/2020
02/28/2020
02/28/2020 02/28/2020 02/28/2020 03/02/2020 03/03/2020

2 Proposed Summons. (Wang, Cecillia) (Filed on 2/28/2020) (Entered: 02/28/2020)
3 Certificate of Interested Entities by Sierra Club, Southern Border Communities Coalition (Wang, Cecillia) (Filed on 2/28/2020) (Entered: 02/28/2020)
Electronic Filing Error. Incorrect CCS (Rev. 06/17). The Civil Cover Sheet's latest Rev. is (Rev 07/19). Please E-file an amended CCS ONLY. Event is from > Other Filings > Other Documents > Civil Cover Sheet. Re: 1 The Complaint's Civil Cover Sheet filed by Sierra Club, Southern Border Communities Coalition (cfeS, COURT STAFF) (Filed on 2/28/2020) (Entered: 02/28/2020)
4 Case assigned to Magistrate Judge Laurel Beeler.
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 3/13/2020. (cfeS, COURT STAFF) (Filed on 2/28/2020) (Entered: 02/28/2020)
5 Civil Cover Sheet by Sierra Club, Southern Border Communities Coalition . (Wang, Cecillia) (Filed on 2/28/2020) (Entered: 02/28/2020)
6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/21/2020. Initial Case Management Conference set for 5/28/2020 11:00 AM. (mclS, COURT STAFF) (Filed on 2/28/2020) (Entered: 02/28/2020)
7 Summons Issued as to Mark T. Esper, Donald J. Trump, Chad F. Wolf. (mclS, COURT STAFF) (Filed on 2/28/2020) (Entered: 02/28/2020)
8 ORDER RELATING CASE TO Docket No. 19-cv-00892-HSG. Signed by Judge Haywood S. Gilliam, Jr. on 3/2/2020. (ndrS, COURT STAFF) (Filed on 3/2/2020) (Entered: 03/02/2020)
9 ORDER REASSIGNING CASE. Case reassigned to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Laurel

Beeler no longer assigned to case. Signed by the Clerk on 03/03/2020. (ajsS, COURT STAFF) (Filed on 3/3/2020) (Entered: 03/03/2020)

03/05/2020

10 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for May 26, 2020, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by May 19, 2020. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:20-cv-01494-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 3/5/2020) (Entered: 03/05/2020)

03/05/2020

11 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14249678.) filed by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Certificate of Good Standing)(Ladin, Dror) (Filed on 3/5/2020) (Entered: 03/05/2020)

03/05/2020

12 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14249769.) filed by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Certificate of Good Standing)(Zafar, Noor) (Filed on 3/5/2020) (Entered: 03/05/2020)

03/05/2020 13 NOTICE of Appearance by Andrew Irwin Warden (Warden, Andrew) (Filed on 3/5/2020) (Entered: 03/05/2020)

03/05/2020

14 STIPULATION WITH PROPOSED ORDER to Establish Briefing Schedule and Procedures to Litigate Fiscal Year 2020 Border Barrier Projects filed by Mark T. Esper, Donald J. Trump, Chad F. Wolf, Southern Border Communities Coalition, and Sierra Club (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 3/5/2020) Modified on 3/6/2020 (jjbS, COURT STAFF). Modified on 3/6/2020 (jjbS, COURT STAFF). (Entered: 03/05/2020)

03/06/2020

15 ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 14 in case 4:20-cv-01494-HSG and 15 in case 4:20-cv-01563-HSG) Stipulation to Establish Briefing Schedule and Procedures to Litigate Fiscal Year 2020 Border Barrier Projects.(ndrS, COURT STAFF) (Filed on 3/6/2020) (Entered: 03/06/2020)

03/06/2020

Reset Deadlines, See Docket Nos. 15 in case 4:20-cv-01494-HSG and 21 in case 4:20-cv-01563-HSG: Motions due by 3/30/2020; Opposition and Cross Motions due by 4/17/2020; Replies and Responses due by 4/24/2020 and Replies due by 4/29/2020. (ndrS, COURT STAFF) (Filed on 3/6/2020) (Entered: 03/06/2020)

03/06/2020

Electronic filing error. REMINDER TO COUNSEL: Counsel is instructed that all future filings shall bear the initials HSG immediately after the case number. Re: 11 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14249678.) filed by Sierra Club, Southern Border Communities Coalition, 12 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 097114249769.) filed by Sierra Club, Southern Border Communities Coalition (jjbS, COURT STAFF) (Filed on 3/6/2020) (Entered: 03/06/2020)

03/06/2020 16 ORDER by Judge Haywood S. Gilliam, Jr. Granting 11 Motion for Pro Hac Vice as to Dror Ladin. (ndrS, COURT STAFF) (Filed on 3/6/2020) (Entered: 03/06/2020)

03/06/2020

17 ORDER by Judge Haywood S. Gilliam, Jr. Granting 12 Motion for Pro Hac Vice as to Zafar, Noor. (ndrS, COURT STAFF) (Filed on 3/6/2020) (Entered: 03/06/2020)

03/06/2020

18 ***SEE DOCKET ENTRY 19 FOR CORRECTED DOCUMENT*** NOTICE of Filing of Administrative Record for Fiscal Year 2020 Border Barrier Projects Undertaken Pursuant to 10 U.S.C. § 284 by Mark T. Esper, Donald J. Trump, Chad F. Wolf. (Attachments: # 1 Exhibit Administrative Record for FY20 Section 284 Projects, # 2 Exhibit Certification of Administrative Record)(Warden, Andrew) (Filed on 3/6/2020) Modified on 3/9/2020 (cjlS, COURT STAFF). Modified on 3/10/2020 (cjlS, COURT STAFF). (Entered: 03/06/2020)

03/09/2020

Electronic filing error. Incorrect Case numbers on the Notice. [err201] This filing will not be processed by the clerks office. Please re-file in its entirety Re: 18 Notice of Filing of Administrative Record for Fiscal Year 2020 Border Barrier Projects Undertaken Pursuant to 10 U.S.C. § 284 filed by Chad F. Wolf, Mark T. Esper, Donald J. Trump. (cjlS, COURT STAFF) (Filed on 3/9/2020) (Entered: 03/09/2020)

03/09/2020

19 NOTICE of Filing of Administrative Record for Fiscal Year 2020 Border Barrier Projects Undertaken Pursuant to 10 U.S.C. § 284 (corrected case numbers) by Mark T. Esper, Donald J. Trump, Chad F. Wolf. (Attachments: # 1 Exhibit Administrative Record for FY20 Section 284 Projects, # 2 Exhibit Certification of Administrative Record)(Warden, Andrew) (Filed on 3/9/2020) Modified on 3/10/2020 (cjlS, COURT STAFF). (Entered: 03/09/2020)

03/19/2020 20 CERTIFICATE OF SERVICE by Sierra Club, Southern Border Communities Coalition (Ladin, Dror) (Filed on 3/19/2020) (Entered: 03/19/2020)

03/20/2020

Electronic filing error. REMINDER: No title Page. Certificate of Service e-filed separately and not as an attachment, require a title page. Please refer to Civil Local Rules 3-4 r e first page requirement. [err201] No further action is necessary Re: 20 Certificate of Service filed by Sierra Club, Southern Border Communities Coalition. (cjlS, COURT STAFF) (Filed on 3/20/2020) (Entered: 03/20/2020)

03/27/2020

21 STIPULATION WITH [PROPOSED] ORDER Requesting Order Changing Time filed by Sierra Club, Southern Border Communities Coalition, Mark T. Esper, Donald J. Trump, Chad F. Wolf. (Attachments: # 1 Declaration of Dror Ladin, # 2 Proposed Order)(Ladin, Dror) (Filed on 3/27/2020) Modified on 3/30/2020 (cjlS, COURT STAFF). (Entered: 03/27/2020)

03/30/2020

22 ORDER by Judge Haywood S. Gilliam, Jr. Granting 21 Stipulation Requesting Order Changing Time. Motions due by 4/13/2020; Responses/Cross Motions due by 5/1/2020; Replies/Responses due by 5/8/2020 and Replies due by 5/13/2020. (ndrS, COURT STAFF) (Filed on 3/30/2020) (Entered: 03/30/2020)

04/13/2020

23 MOTION for Partial Summary Judgment Regarding Section 284 Projects filed by Sierra Club, Southern Border Communities Coalition. Motion Hearing set for 5/28/2020 02:00 PM before Judge Haywood S Gilliam Jr.. Responses due by 5/1/2020. Replies due by 5/8/2020. (Attachments: # 1 Appendix of Declarations, # 2 Request for Judicial Notice, # 3 Proposed Order)(Ladin, Dror) (Filed on 4/13/2020) (Entered: 04/13/2020)

04/16/2020 24 NOTICE of Appearance by Douglas N. Letter (Letter, Douglas) (Filed on 4/16/2020) (Entered: 04/16/2020)

04/16/2020

25 Consent MOTION for leave to File Amicus Curiae Brief filed by U.S. House of Representatives. Responses due by 4/30/2020. Replies due by 5/7/2020. (Attachments: # 1 Exhibit (Amicus Brief), # 2 Proposed Order)(Letter, Douglas) (Filed on 4/16/2020) Modified on 4/17/2020 (cjlS, COURT STAFF). (Entered: 04/16/2020)

04/17/2020

26 ORDER (as modified) by Judge Haywood S. Gilliam, Jr. Granting (docket nos. 25 in case 4:20-cv-01494-HSG and 60 in case 4:20-cv01563-HSG) Consent MOTION to File Amicus Curiae Brief. Counsel is directed to file the Houses amicus brief on the docket in this matter.(ndrS, COURT STAFF) (Filed on 4/17/2020) (Entered: 04/17/2020)

04/21/2020

27 NOTICE of Errata re 23 MOTION for Partial Summary Judgment Regarding Section 284 Projects by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 [Corrected] Appendix of

Declarations in Support Of Plaintiffs Motion For Partial Summary Judgment)(Ladin, Dror) (Filed on 4/21/2020) Modified on 4/22/2020 (cjlS, COURT STAFF). (Entered: 04/21/2020)

04/22/2020

28 CLERK'S NOTICE. Notice is hereby given that the hearing on the 23 motion for partial summary judgment,previously set for May 28th is vacated. See Docket No. 15 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 4/22/2020) (Entered: 04/22/2020)

04/27/2020

29 MOTION for leave to appear in Pro Hac Vice Re: David Donatti (Filing fee $310, receipt number 0971-14412163) filed by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Donatti, David) (Filed on 4/27/2020) Modified on 4/28/2020 (cjlS, COURT STAFF). (Entered: 04/27/2020)

05/01/2020

30 MOTION for Partial Summary Judgment Regarding Fiscal Year 2020 Border Barrier Projects Pursuant to 10 U.S.C. 284 and Opposition to Plaintiffs' Motion for Partial Summary Judgment (ECF No. 23) filed by Mark T. Esper, Donald J. Trump, Chad F. Wolf. Responses due by 5/8/2020. Replies due by 5/13/2020. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Declaration, # 5 Proposed Order)(Warden, Andrew) (Filed on 5/1/2020) (Entered: 05/01/2020)

05/07/2020 31 ORDER by Judge Haywood S. Gilliam, Jr. Granting 29 Motion for Pro Hac Vice as to Donatti, David. (ndrS, COURT STAFF) (Filed on 5/7/2020) (Entered: 05/07/2020)

05/08/2020

32 REPLY (re 30 MOTION for Partial Summary Judgment Regarding Fiscal Year 2020 Border Barrier Projects Pursuant to 10 U.S.C. 284 and Opposition to 23 Plaintiffs' Motion for Partial Summary Judgment Regarding Section 284 Projects) filed by Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Appendix of Declarations in Support Of Plaintiffs Reply)(Ladin, Dror) (Filed on 5/8/2020) Modified on 5/11/2020 (cjlS, COURT STAFF). (Entered: 05/08/2020)

05/13/2020

33 REPLY (re 30 MOTION for Partial Summary Judgment) filed by Mark T. Esper, Donald J. Trump, Chad F. Wolf. (Attachments: # 1 Declaration Second Enriquez Decl.)(Warden, Andrew) (Filed on 5/13/2020) Modified on 5/14/2020 (jlmS, COURT STAFF). (Entered: 05/13/2020)

05/18/2020

34 CLERK'S NOTICE. Notice is hereby given that the case management conference, previously set for May 26th, will be held on that date as a telephonic case management conference before Judge Haywood S. Gilliam, Jr. at 2:00 p.m. All counsel shall use the following dial-in information to access the call:Dial-In: 888-808-6929/Passcode: 6064255.

For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 5/18/2020) (Entered: 05/18/2020)

05/19/2020

35 STIPULATION WITH [PROPOSED] ORDER To Vacate Case Management Conference Scheduled for May 26, 2020 filed by Mark T. Esper, Donald J. Trump, Chad F. Wolf, Sierra Club, Southern Border Communities Coalition. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 5/19/2020) Modified on 5/20/2020 (cjlS, COURT STAFF). (Entered: 05/19/2020)

05/20/2020

36 ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 35 in case 4:20-cv-01494-HSG and 68 in case 4:20-cv-01563-HSG) Stipulation To Vacate Case Management Conference Scheduled for May 26, 2020. (ndrS, COURT STAFF) (Filed on 5/20/2020) (Entered: 05/20/2020)

05/20/2020

37 NOTICE of Modification to Fiscal Year 2020 Border Barrier Projects Undertaken Pursuant to 10 U.S.C. § 284 by Mark T. Esper, Donald J. Trump, Chad F. Wolf. (Attachments: # 1 Declaration)(Warden, Andrew) (Filed on 5/20/2020) Modified on 5/21/2020 (cjlS, COURT STAFF). (Entered: 05/20/2020)

05/29/2020

38 NOTICE of Updated Information Regarding Obligation of Funds for Fiscal Year 2020 Border Barrier Projects Undertaken Pursuant to 10 U.S.C. § 284 by Mark T. Esper, Donald J. Trump, Chad F. Wolf. (Attachments: # 1 Declaration)(Warden, Andrew) (Filed on 5/29/2020) Modified on 6/1/2020 (cjlS, COURT STAFF). (Entered: 05/29/2020)

06/05/2020

39 ***DISREGARD ENTRY, DOCUMENT FILED IN THE WRONG CASE*** NOTICE of Substitution of Counsel by Vasudha Talla (Talla, Vasudha) (Filed on 6/5/2020) Modified on 6/8/2020 (cjlS, COURT STAFF). (Entered: 06/05/2020)

06/05/2020 40 NOTICE of Substitution of Counsel by Vasudha Talla (Talla, Vasudha) (Filed on 6/5/2020) (Entered: 06/05/2020)

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