Statement of Support: Related Cases

No. 3:17-cv-00485-WHO 1

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CHAD A. READLER 

Acting Assistant Attorney General 

BRIAN STRETCH 

United States Attorney 

JOHN R. TYLER 

Assistant Director 

W. SCOTT SIMPSON (Va. Bar #27487) 

Senior Trial Counsel 

Department of Justice, Room 7210 

Civil Division, Federal Programs Branch 

Post Office Box 883 

Washington, D.C. 20044 

Telephone: (202) 514-3495 

Facsimile: (202) 616-8470 

E-mail: scott.simpson@usdoj.gov 

COUNSEL FOR DEFENDANTS 

(See signature page for parties represented.) 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

CITY AND COUNTY OF SAN 

FRANCISCO, 

 Plaintiff, 

 v. 

DONALD J. TRUMP, et al., 

 Defendants. 

 No. 3:17-cv-00485-WHO 

DEFENDANTS’ STATEMENT OF 

 SUPPORT REGARDING 

 ADMINISTRATIVE MOTION TO 

 CONSIDER WHETHER CASES 

 SHOULD BE RELATED 

INTRODUCTION 

 The County of Santa Clara (“Santa Clara”), a non-party herein, has filed an administrative 

motion (Doc. 11) to consider whether this action should be related to County of Santa Clara v. 

Trump, et al., Case No. 5:17-cv-00574-LHK (N.D. Cal.), for purposes of Civil Local Rule 3-12. 

The defendants file this statement of support in relation to Santa Clara’s motion pursuant to Civil 

Local Rule 3-12(e). 

Case 3:17-cv-00485-WHO Document 18 Filed 02/10/17 Page 1 of 3
Statement of Support: Related Cases

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DISCUSSION 

 Under the Court’s Local Rules, a civil action is related to another when “(1) The actions 

concern substantially the same parties, property, transaction or event; and (2) It appears likely that 

there will be an unduly burdensome duplication of labor and expense or conflicting results if the 

cases are conducted before different Judges.” Civ. L.R. 3-12(a). Although there are some 

differences between this action and the Santa Clara action, these criteria are met here. 

 This action and the Santa Clara action challenge the constitutionality of Executive Order 

No. 13,768, Enhancing Public Safety in the Interior of the United States. 82 Fed. Reg. 8,799 

(Jan. 25, 2017). Both actions include claims under the Tenth Amendment, although each action 

also includes other claims. The plaintiff in each case is a municipality of the State of California, 

and both actions include the President, the Secretary of Homeland Security, and the Attorney 

General as defendants, although this action adds the United States as a defendant and the Santa 

Clara action adds the Director of the Office of Management and Budget. Both actions ask the 

Court to enjoin one or more provisions of the Executive Order. 

 Adjudicating this action and the Santa Clara action before different judges would likely 

cause an unduly burdensome duplication of labor, and may lead to conflicting results. Both 

actions will require briefing on the content and background of Executive Order No. 13,768 and 

the merits of the plaintiffs’ Tenth Amendment claims. Adjudicating the various claims will 

require interpreting the Executive Order as well as applying the law on Tenth Amendment 

challenges. 

CONCLUSION 

 Accordingly, the defendants support Santa Clara’s administrative motion to consider 

whether this action should be related to County of Santa Clara v. Trump, et al., Case No. 5:17-cv00574-LHK (N.D. Cal.), for purposes of Civil Local Rule 3-12. 

Dated: February 10, 2017 

 Respectfully submitted, 

 CHAD A. READLER 

 Acting Assistant Attorney General 

Case 3:17-cv-00485-WHO Document 18 Filed 02/10/17 Page 2 of 3
Statement of Support: Related Cases

No. 3:17-cv-00485-WHO 3

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 BRIAN STRETCH 

 United States Attorney 

 JOHN R. TYLER 

 Assistant Director 

 /s/ W. Scott Simpson 

 

 W. SCOTT SIMPSON (Va. Bar #27487) 

 Senior Trial Counsel 

 Attorneys, Department of Justice 

 Civil Division, Room 7210 

 Federal Programs Branch 

 Post Office Box 883 

 Washington, D.C. 20044 

 Telephone: (202) 514-3495 

 Facsimile: (202) 616-8470 

 E-mail: scott.simpson@usdoj.gov 

 COUNSEL FOR DEFENDANTS 

 DONALD J. TRUMP, President of the 

 United States; UNITED STATES OF 

 AMERICA; JOHN F. KELLY, Secretary of 

 Homeland Security; DANA J. BOENTE, 

 Acting Attorney General of the United States 

Case 3:17-cv-00485-WHO Document 18 Filed 02/10/17 Page 3 of 3