The Geo Group, Inc. v. Newsom et al
Plaintiff The Geo Group, Inc. challenged the constitutionality of AB-32 because it allegedly prohibited the operation of federal private detention facilities in the state, but exempted those under contract with the state.
| The Geo Group, Inc. and United States of America |
| Xavier Becerra, Gavin C. Newsom and The State of California |
| Human Rights Watch, Immigrant Legal Resource Center, Freedom For Immigrants, Immigrant Defense Advocates and Immigrant Legal Defense |
| 3:2019cv02491 |
| December 30, 2019 |
| US District Court for the Southern District of California |
| William V Gallo |
| Janis L Sammartino |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 ij |
| None |
Docket Report
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Filing 66
ORDER of USCA as to #57 Notice of Appeal to the 9th Circuit filed by United States of America, #54 Notice of Appeal to the 9th Circuit filed by The Geo Group, Inc. The GEO Group, Inc. and the United States of America are directed to file a response to the Petition for Rehearing En Banc filed with the USCA on November 17, 2021. Instructions issued. (akr)
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| Filing 65 RESPONSE re #64 Notice (Other) by the Parties filed by United States of America. (Ehrlich, Stephen) (tcf). |
| Filing 64 Notice of Disclosure of Conflict.(ekb) (jms). |
| Filing 63 NOTICE of Withdrawal of Counsel (Steven J. Lindsay) by The Geo Group, Inc. (Schlecht, Chanmaly) (tcf). |
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Filing 62
ORDER granting #61 Joint Motion for Stay Pending Appeal. Signed by Judge Janis L. Sammartino on 1/14/2021. (jmr) (jms).
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| Filing 61 Joint MOTION for Order Joint Motion for Stay Pending Appeal by Xavier Becerra, Gavin C. Newsom, The State of California. (Attachments: #1 Proposed Order Granting Joint Motion for Stay, #2 Proof of Service)(Boutin, Gabrielle) QC Mailer, Re: proposed order(jmr). |
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Filing 60
ORDER of USCA as to #57 Notice of Appeal to the 9th Circuit filed by United States of America, #54 Notice of Appeal to the 9th Circuit filed by The Geo Group, Inc. The motions to consolidate are granted. Nos. 20-56172 and 20-56304 are consolidated. Briefing schedule issued. (akr)
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Filing 59
ORDER of USCA as to #57 Notice of Appeal to the 9th Circuit filed by United States of America. The appeal filed December 7, 2020, is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. Time schedule issued. No streamlined extensions of time will be approved. Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. (akr)
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| Filing 58 USCA Case Number 20-56304 for #57 Notice of Appeal to the 9th Circuit filed by United States of America. (akr) |
| Filing 57 NOTICE OF APPEAL to the 9th Circuit as to #53 Order by United States of America. Fee Waived. (Notice of Appeal electronically transmitted to the US Court of Appeals.) (Ehrlich, Stephen). (Modified on 12/7/2020: Edited docket text re linked Order.) (akr). |
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Filing 56
ORDER of USCA as to #54 Notice of Appeal to the 9th Circuit filed by The Geo Group, Inc. The appeal filed November 6, 2020 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. Time schedule issued. No streamlined extensions of time will be approved. Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. (akr)
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| Filing 55 USCA Case Number 20-56172 for #54 Notice of Appeal to the 9th Circuit filed by The Geo Group, Inc. (akr) |
| Filing 54 NOTICE OF APPEAL to the 9th Circuit by The Geo Group, Inc., as to #53 Order. (Filing fee $ 505 receipt number ACASDC-14824400.) (Notice of Appeal electronically transmitted to the US Court of Appeals.) (Attachments: #1 Representation Statement)(McClellan, Michael). (Modified on 11/6/2020: Edited docket text re linked Order.) (akr). |
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Filing 53
ORDER (1) Granting in Part and Denying in Part #15 Plaintiff's Motions for Preliminary Injunction, and (2) Granting in Part and Denying in Part Defendants' Motions to Dismiss and for Judgment on the Pleadings. The Court GRANTS IN PART AND DENIES IN PART Plaintiffs' Motions for Preliminary Injunction. Accordingly, the Court PRELIMINARILY ENJOINS Defendants from enforcing A.B. 32 against the USMS's privately contracted detention facilities within the State of California. Plaintiffs' Motions are otherwise DENIED. The Court GRANTS IN PART AND DENIES IN PART Defendants' Motions to Dismiss (GEO ECF Nos. #20 , #22 ) and for Judgment on the Pleadings (U.S. ECF No. #13 ), as set forth above. See supra pages 68-69. Plaintiffs MAY FILE amended complaints within twenty-one (21) days of the electronic docketing of this Order. Should Plaintiffs elect not to file amended complaints, this action will proceed on their surviving causes of action.The Court also GRANTS IN PART AND DENIES IN PART GEO's and the United States' Motions for Preliminary Injunction (GEO ECF No. #15 and U.S. ECF No. #7 , respectively), as set forth above, see supra page 74, and PRELIMINARILY ENJOINS Defendants from enforcing A.B. 32 against the USMS's privately contracted detention facilities within the State of California. Signed by Judge Janis L. Sammartino on 10/8/2020. (tcf)
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Filing 52
ORDER requesting electronic submission of unexcerpted contracts. Signed by Judge Janis L. Sammartino on 9/25/2020.(jpp)
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| Filing 51 SUPPLEMENTAL BRIEFING by Defendants Xavier Becerra, Gavin C. Newsom re #45 Order, . (Boutin, Gabrielle) (jpp). |
| Filing 50 SUPPLEMENTAL BRIEFING by Plaintiff United States of America re #45 Order, . (Ehrlich, Stephen) (jpp). |
| Filing 49 SUPPLEMENTAL BRIEFING by Plaintiff The Geo Group, Inc. re #47 Order on Motion for Extension of Time to File, #45 Order, re July 16, 2020 Hearing. (McClellan, Michael) (jpp). |
| Filing 48 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 7/16/2020 before Judge Janis L. Sammartino. Court Reporter/Transcriber: Frank J. Rangus. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/20/2020. Redacted Transcript Deadline set for 8/31/2020. Release of Transcript Restriction set for 10/28/2020. (akr) |
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Filing 47
ORDER granting #46 Joint Motion to extend additional briefing schedule. Signed by Judge Janis L. Sammartino on 7/23/2020. (jpp)
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| Filing 46 Joint MOTION for Extension of Time to File Additional Briefing by The Geo Group, Inc.. (Schlecht, Chanmaly) (jpp). |
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Filing 45
ORDER requesting additional briefing. Plaintiffs GEO and the United States of America each may file an additional brief, not to exceed ten (10) pages, addressing the above-enumerated issues on or before July 28, 2020; Defendants may file a response, not to exceed ten (10) pages, on or before August 4, 2020. Signed by Judge Janis L. Sammartino on 7/21/2020.(jpp)
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Filing 44
ORDER CONSOLIDATING CASES. Cases Consolidated. All future docketing will be done in the lead case 19cv2491-JLS(WVG). Signed by Judge Janis L. Sammartino on 7/20/2020.(jpp)
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| Filing 43 Minute Order for proceedings held before Judge Janis L. Sammartino: Hearing on Motion for Preliminary Injunction #15 , Motion to Dismiss Complaint #20 #22 held and taken under submission. Court orders that 19CV2491 and 20CV0154 be consolidated; Court to issue written order (Court Reporter/ECR Frank Rangus / CRD A Ramos / Plaintiff Attorney Charles Justin Cooper, Michael W. Kirk and Michael W. Battin / Defendant Attorney Gabrielle D. Boutin / Amicus Jaclyn Marie Gonzalez) (no document attached) (acr) |
| Filing 42 NOTICE TO COUNSEL AND THE GENERAL PUBLIC: Motion Hearing currently set for Thursday, July 16,2020 at 9:00 AM before Judge Janis L. Sammartino. The general public may listen to the proceedings by calling the toll-free number 877-336-1831, access code 8343883. Counsel making video oral arguments shall email the Courtroom Deputy by 11:00 AM, Wednesday, July 15, 2020, alex_ramos@casd.uscourts.gov for video access information (no document attached) (acr) |
| Filing 41 NOTICE of Appearance by Jaclyn Marie Gonzalez on behalf of Immigrant Defense Advocates (Gonzalez, Jaclyn)Attorney Jaclyn Marie Gonzalez added to party Immigrant Defense Advocates(pty:am) (jpp). |
| Filing 40 BRIEF OF AMICI CURIAE by Amici Curiae Parties Immigrant Legal Defense and Immigrant Defense Advocates in support of Defendant's Motion to Dismiss. (jpp) |
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Filing 39
ORDER granting #28 unopposed motion by amici curiae brief in support of Defendants' Motion to Dismiss. (Amici curiae brief attached to the Motion at ECF No. 28-1 filed). Any response to the amici curiae brief shall be filed on or before 7/13/2020. Signed by Judge Janis L. Sammartino on 7/09/2020.(jpp) (dlg).
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| Filing 38 NOTICE OF CHANGE OF HEARING TIME: Hearing on Motion for Preliminary Injunction #15 and Motion to Dismiss #20 and #22 reset from 1:30 PM to 9:00 AM, Thursday, 7/16/2020 before Judge Janis L. Sammartino (no document attached) (acr) |
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Filing 37
ORDER regarding July 16, 2020 Hearing (ECF Nos. #15 , #20 , #22 ). Signed by Judge Janis L. Sammartino on 7/06/2020.(jpp) (dlg).
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| Filing 36 MINUTE ORDER OF TRANSFER. Magistrate Judge Daniel E. Butcher is no longer assigned. Case reassigned back to Magistrate Judge William V. Gallo for all further proceedings. The new case number is 19cv2491 JLS (WVG).(no document attached) (jcj) |
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Filing 35
ORDER OF TRANSFER. Magistrate Judge William V. Gallo is no longer assigned. Case reassigned to Magistrate Judge Daniel E. Butcher for all further proceedings. The new case number is 19CV2491-JLS(DEB). Signed by Magistrate Judge William V. Gallo on 6/17/2020.(jpp)
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Filing 34
ORDER continuing hearing. To coordinate its schedule, the Court continues the hearing on Plaintiffs Motion for Preliminary Injunction (ECF No. 15) and Defendants Motion to Dismiss (ECF No. 22) to July 16, 2020 at 1:30 p.m. in Courtroom 4D. Signed by Judge Janis L. Sammartino on 4/30/2020. (jpp) (dlg).
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| Filing 33 Joint MOTION to Continue Hearing Date on Motion for Preliminary Injunction and Motion to Dismiss by The Geo Group, Inc.. (Schlecht, Chanmaly) (jpp). |
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Filing 32
ORDER continuing hearing (ECF Nos. 29) - The Court continues the hearing on Plaintiffs Motion for Preliminary Injunction (ECF No. 15) and Defendants Motion to Dismiss (ECF No. 22) to June 18, 2020 at 1:30 p.m. in Courtroom 4D. Signed by Judge Janis L. Sammartino on 4/29/2020.(jpp)
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| Filing 31 REPLY - Other re #22 MOTION to Dismiss Complaint Memorandum of Points and Authorities filed by Xavier Becerra, Gavin C. Newsom. (Boutin, Gabrielle) (jpp). |
| Filing 30 RESPONSE to Motion re #15 MOTION for Preliminary Injunction , #20 MOTION to Dismiss Complaint filed by The Geo Group, Inc.. (McClellan, Michael) (jpp). |
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Filing 29
ORDER granting #27 Joint Motion to reset hearing date and briefing deadlines and clarify page limit. The Court continues the hearing on Plaintiffs Motion for Preliminary Injunction (ECF No. 15) and Defendants Motion to Dismiss (ECF Nos. 20, 22) to May 7, 2020 at 1:30 p.m. in Courtroom 4D and vacates the previously-ordered briefing schedule (ECF. No. 18). Plaintiff shall file its combined brief, not to exceed thirty-five (35) pages, both in reply in support of its Motion for Preliminary Injunction and in opposition to Defendants Motion to Dismiss on or before April 9, 2020, and Defendants may file their reply in support of their Motion to Dismiss, if any, on or before April 23, 2020.. Signed by Judge Janis L. Sammartino on 3/27/2020. (jpp)
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| Filing 28 Amicus Curiae Appearance entered by Siobhan Marie Waldron on behalf of Immigrant Defense Advocates, Immigrant Legal Defense. (Attachments: #1 Proposed amicus brief, #2 Proposed order)(Waldron, Siobhan) (jpp). |
| Filing 27 Joint MOTION to Continue Hearing Date and Briefing Deadlines and to Clarify Page Limit by Xavier Becerra, Gavin C. Newsom. (Boutin, Gabrielle) (jpp). |
| Filing 26 BRIEFING of Amici Curiae Immigrant Legal Resource Center, Human Rights Watch, and Freedom for Immigrants in support of Defendants' opposition to motion for preliminary injunction and Defendants' motion to dismiss. (jpp) |
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Filing 25
ORDER granting #24 unopposed motion by amici curiae to file brief in support of Defendants' opposition to motion for preliminary injunction and Defendants' motion to dismiss. Signed by Judge Janis L. Sammartino on 3/13/2020.(jpp)
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| Filing 24 Amicus Curiae Appearance entered by Eric R. Havian on behalf of Human Rights Watch, Immigrant Legal Resource Center, Freedom For Immigrants. (Attachments: #1 Proposed Amicus Brief, #2 Proposed Order)(Havian, Eric) (jpp). |
| Filing 23 RESPONSE in Opposition re #15 MOTION for Preliminary Injunction Request for Judicial Notice filed by Xavier Becerra, Gavin C. Newsom. (Boutin, Gabrielle) (jpp). |
| Filing 22 MOTION to Dismiss Complaint Memorandum of Points and Authorities by Xavier Becerra, Gavin C. Newsom. (Boutin, Gabrielle) (jpp). |
| Filing 21 RESPONSE in Opposition re #15 MOTION for Preliminary Injunction filed by Xavier Becerra, Gavin C. Newsom. (Boutin, Gabrielle) (jpp). |
| Filing 20 MOTION to Dismiss Complaint by Xavier Becerra, Gavin C. Newsom. (Attachments: #1 Request for Judicial Notice)(Boutin, Gabrielle) (jpp). |
| Filing 19 RESPONSE in Opposition re #15 MOTION for Preliminary Injunction filed by Xavier Becerra, Gavin C. Newsom. (Boutin, Gabrielle) (jpp). |
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Filing 18
ORDER granting #17 Joint Motion re: hearing and briefing dates for Motion for Preliminary Injunction and Motion to Dismiss. Signed by Judge Janis L. Sammartino on 1/17/2020. (jpp)
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| Filing 17 Joint MOTION for Hearing and Briefing Dates for Motion Preliminary Injunction and Motion to Dismiss by Xavier Becerra, Gavin C. Newsom. (Boutin, Gabrielle)Attorney Gabrielle D. Boutin added to party Xavier Becerra(pty:dft), Attorney Gabrielle D. Boutin added to party Gavin C. Newsom(pty:dft) (jpp). |
| Filing 16 SUMMONS Returned Executed by The Geo Group, Inc.. Xavier Becerra, Gavin C. Newsom served. (Attachments: #1 Proof of Service)(McClellan, Michael) (jpp). |
| Filing 15 MOTION for Preliminary Injunction by The Geo Group, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of C. Kendie Schlecht, #3 Declaration of Amber Martin, #4 Appendix, #5 Exhibit A-E to Appendix (pp 5-100), #6 Exhibit F-L to Appendix (pp 101-155), #7 Exhibit M-U to Appendix (pp 156-214))(McClellan, Michael) (jpp). |
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Filing 14
ORDER: (1) GRANTING PLAINTIFFS EX PARTE APPLICATION FOR LEAVE TO FILE ITS MEMORANDUM IN SUPPORT OF ITS MOTION FOR PRELIMINARY INJUNCTION IN EXCESS OF THE PAGE LIMIT, AND (2) SETTING HEARING DATE AND BRIEFING SCHEDULE re #13 Ex Parte MOTION for Leave to File Its Memorandum in Support of Its Motion for Preliminary Injunction in Excess of the Page Limit and for Approval of the Proposed Hearing Date by The Geo Group, Inc. Defendants SHALL FILE an opposition on or before March 5, 2020, and Plaintiff MAY FILE a reply on or before March 26, 2020. Motion Hearing set for 4/16/2020 01:30 PM in Courtroom 4D before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 1/7/2020. (sjm)
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| Filing 13 Ex Parte MOTION for Leave to File Its Memorandum in Support of Its Motion for Preliminary Injunction in Excess of the Page Limit and for Approval of the Proposed Hearing Date by The Geo Group, Inc.. (Attachments: #1 Declaration of C. Kendie Schlecht, #2 Exhibit A to Schlecht Declaration, #3 Exhibit B to Schlecht Declaration, #4 Exhibit C to Schlecht Declaration, #5 Exhibit D to Schlecht Declaration, #6 Exhibit E to Schlecht Declaration, #7 Exhibit F to Schlecht Declaration)(McClellan, Michael) (sjm). |
| Filing 12 NOTICE of Appearance of Counsel by Chanmaly Kendie Schlecht on behalf of The Geo Group, Inc. (Schlecht, Chanmaly)Attorney Chanmaly Kendie Schlecht added to party The Geo Group, Inc.(pty:pla) (sjm). |
| Filing 11 PRO HAC APPROVED: Steven John Lindsay appearing for Plaintiff The Geo Group, Inc. (no document attached) (jrd) |
| Filing 10 PRO HAC APPROVED: Jose Joel Alicea appearing for Plaintiff The Geo Group, Inc. (no document attached) (jrd) |
| Filing 9 PRO HAC APPROVED: Michael W. Kirk appearing for Plaintiff The Geo Group, Inc. (no document attached) (jrd) |
| Filing 8 PRO HAC APPROVED: Charles Justin Cooper appearing for Plaintiff The Geo Group, Inc. (no document attached) (jrd) |
| Filing 7 Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-13317703.)(Application to be reviewed by Clerk.)(Lindsay, Steven)(jrd) |
| Filing 6 Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-13317694.)(Application to be reviewed by Clerk.)(Alicea, Jose)(jrd) |
| Filing 5 Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-13317686.)(Application to be reviewed by Clerk.)(Kirk, Michael)(jrd) |
| Filing 4 Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-13317682.)(Application to be reviewed by Clerk.)(Cooper, Charles)(jrd) |
| Filing 3 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (sxa)(jrd) |
| Filing 2 NOTICE of Party With Financial Interest by The Geo Group, Inc. re #1 Complaint. Identifying Other Affiliate The Vanguard Group, Inc., Other Affiliate BlackRock Fund Advisors for The Geo Group, Inc. (sxa)(jrd) |
| Filing 1 COMPLAINT Against Gavin C. Newsom, Xavier Becerra. (Filing fee $ 400 receipt number 0974-13315990.), filed by The Geo Group, Inc. (Attachments: #1 Civil Cover Sheet)The new case number is 3:19-cv-02491-JLS-WVG. Judge Janis L. Sammartino and Magistrate Judge William V. Gallo are assigned to the case. (McClellan, Michael)(sxa)(jrd) |
| Filing 1 COMPLAINT Against Gavin C. Newsom, Xavier Becerra. (Filing fee $ 400 receipt number 0974-13315990.), filed by The Geo Group, Inc. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:19-cv-02491-JLS-WVG. Judge Janis L. Sammartino and Magistrate Judge William V. Gallo are assigned to the case. (McClellan, Michael)(sxa)(jrd) |
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