El Paso Cty v. Trump
| STEVEN T. MNUCHIN, SECRETARY, U.S. DEPARTMENT OF TREASURY, In his official capacity, DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, In his official capacity, CHAD F. WOLF, ACTING SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY, In his official capacity, WILLIAM P. BARR, U. S. ATTORNEY GENERAL, DAVID BERNHARDT, SECRETARY, U.S. DEPARTMENT OF THE INTERIOR, In his official capacity, PATRICK M. SHANAHAN, ACTING SECRETARY, U.S. DEPARTMENT OF DEFENSE, In his official capacity, JOHN F. BASH, MARK ESPER, SECRETARY, DEPARTMENT OF DEFENSE, In his official capacity, TODD T. SEMONITE, In his official capacity as Commanding General United States Army Corps of Engineers and William P. Barr, U.S. Attorney General |
| EL PASO COUNTY, TEXAS and BORDER NETWORK FOR HUMAN RIGHTS |
| PROJECT ON GOVERNMENT OVERSIGHT, RICHARD BERNSTEIN, JOHN BELLINGER, III, STANLEY TWARDY, SAMUEL WITTEN, UNITED STATES REPRESENTATIVE ANDY BARR, CHRISTOPHER SHAYS, CHRISTINE TODD WHITMAN, State of Texas, Former Republican Members of Congress, Richard D. Bernstein, Former Members of Congress, Brennan Center for Justice and Former United States Government Officials |
| 19-51144 |
| December 16, 2019 |
| U.S. Court of Appeals, Fifth Circuit |
| Other Statutory Actions |
Docket Report
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SUPREME COURT ORDER received denying petition for writ of certiorari filed by Appellees/Cross-Appellants El Paso County, Texas and Border Network for Human Rights in 19-51144 on 09/10/2021. [9662664-1] [19-51144] (SCV) [Entered: 09/13/2021 02:57 PM]
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SUPREME COURT ORDER received denying petition for rehearing filed by Appellees/Cross-Appellants Border Network for Human Rights and El Paso County, Texas. [9662650-1] [19-51144] (SCV) [Entered: 09/13/2021 02:53 PM]
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SUPREME COURT ORDER received denying petition for writ of certiorari filed by Appellees/Cross-Appellants El Paso County, Texas and Border Network for Human Rights in 19-51144 on 07/02/2021. [9611541-1] [19-51144] (SCV) [Entered: 07/02/2021 02:58 PM]
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| MANDATE ISSUED. Mandate issue date satisfied. [19-51144] (LLL) [Entered: 01/26/2021 09:02 AM] |
| MOTION to withdraw as counsel [9484388-2]. Date of Service: 01/19/2021 [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION filed by Attorney Mr. Ephraim A. McDowell for Appellees Cross-Appellants Border Network for Human Rights and El Paso County, Texas to withdraw as counsel [9484388-2]. Date of Service: 01/19/2021 via email - Attorney for Amici Curiae: Bernstein, Callahan, Goitein, Griffin, Joseph, Kapnick, McKnight, Priest, Temple, Thompson, Tone; Attorney for Appellants Cross-Appellees: Byron, Dixon; Attorney for Appellees Cross-Appellants: El-Mallawany, Florence, Gerson, Hussein, Kistler, Mancino, Marsden, McDowell, Metlitsky, Parker; US mail - Attorney for Appellants Cross-Appellees: Gerardi, Warden; Attorney for Appellee Cross-Appellant: Padalino [19-51144] (Ephraim A. McDowell ) [Entered: 01/19/2021 09:41 AM] |
| CLERK ORDER granting Motion to withdraw as counsel filed by Mr. Ephraim A. McDowell [ # 9484388-2 ] [19-51144] (CBW) [Entered: 01/19/2021 10:05 AM] |
| JUDGMENT ENTERED AND FILED. Costs Taxed Against: each party bear its own costs on appeal. [19-51144] (CBW) [Entered: 12/04/2020 04:05 PM] |
| PUBLISHED OPINION FILED. [19-51144 Affirmed in Part ] Judge: PRO, Judge: JLD, Judge: CH. Mandate issue date is 01/26/2021 [19-51144] (This opinion includes URL material that is archived by the Fifth Circuit Court of Appeals Library, and made available at http://www.lb5.uscourts.gov/ArchivedURLS/.) (CBW) [Entered: 12/04/2020 03:59 PM] |
| SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellees Cross-Appellants El Paso County, Texas and Border Network for Human Rights Date of Service: 10/12/2020 via email - Attorney for Amici Curiae: Bernstein, Callahan, Goitein, Griffin, Joseph, Kapnick, McKnight, Priest, Temple, Thompson, Tone; Attorney for Appellants Cross-Appellees: Byron, Dixon; Attorney for Appellees Cross-Appellants: El-Mallawany, Florence, Gerson, Hussein, Kistler, Mancino, Marsden, McDowell, Metlitsky, Parker; US mail - Attorney for Appellants Cross-Appellees: Gerardi, Warden; Attorney for Appellee Cross-Appellant: Padalino [19-51144] (Anton Metlitsky ) [Entered: 10/12/2020 10:07 AM] |
| SUPREME COURT NOTICE that petition for writ of certiorari [9396788-2] was filed by Appellees Cross-Appellants Border Network for Human Rights and El Paso County, Texas on 09/02/2020. Supreme Court Number: 20-298. [19-51144] (SMC) [Entered: 09/10/2020 01:24 PM] |
| ORAL ARGUMENT HEARD before Judges Owen, Dennis, Haynes. Arguing Person Information Updated for: H. Thomas Byron, III arguing for Appellants Cross-Appellees Donald J. Trump, President of the United States, Et Al.; Arguing Person Information Updated for: Ephraim A. McDowell arguing for Appellees Cross-Appellants El Paso County, Texas, Et Al. [19-51144] (PFT) [Entered: 09/01/2020 11:08 AM] |
| CASE CALENDARED for oral argument via Video Conference on Tuesday, 09/01/2020 in New Orleans in the West Courtroom -- AM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court's docket and an acknowledgment form. All other counsel of record should monitor the court's website for the posting of the oral argument calendars.. [19-51144] (PFT) [Entered: 07/28/2020 04:11 PM] |
| Paper copies of Amicus Brief filed by Former Republican Members of Congress in 19-51144 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [19-51144] (CAS) [Entered: 07/21/2020 03:31 PM] |
| Paper copies of Amicus Brief filed by Former Members of Congress and Amicus Curiae Former Members of Congress in 19-51144 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [19-51144] (CAS) [Entered: 07/14/2020 03:36 PM] |
| Paper copies of Amicus Brief filed by State of Texas in 19-51144 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [19-51144] (CAS) [Entered: 07/14/2020 09:02 AM] |
| Paper copies of Record Excerpts filed by Appellants Cross-Appellees Mr. Donald J. Trump, President of the United States, Mr. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Mr. Todd T. Semonite, Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security and Mr. Mark Esper, Secretary, Department of Defense in 19-51144 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [19-51144] (CAS) [Entered: 07/14/2020 08:47 AM] |
| Paper copies of Amicus Brief filed by Amicus Curiae Mr. Andy Barr in 19-51144 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [19-51144] (CAS) [Entered: 07/14/2020 12:02 PM] |
| Paper copies of Amicus Brief filed by Former United States Government Officials and Amicus Curiae Former United States Government Officials in 19-51144 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [19-51144] (CAS) [Entered: 07/14/2020 10:59 AM] |
| Paper copies of Cross Appellee Brief filed by Appellants Cross-Appellees Mr. Donald J. Trump, President of the United States, Mr. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Mr. Todd T. Semonite, Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security and Mr. Mark Esper, Secretary, Department of Defense in 19-51144 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [19-51144] (CAS) [Entered: 07/14/2020 02:06 PM] |
| Paper copies of Amicus Brief filed by Brennan Center for Justice and Amicus Curiae Brennan Center for Justice in 19-51144 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [19-51144] (CAS) [Entered: 07/14/2020 12:22 PM] |
| Paper copies of Cross Appellant Brief filed by Appellees Cross-Appellants El Paso County, Texas and Border Network for Human Rights in 19-51144 received. Paper copies match electronic version of document? Yes. # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [19-51144] (LEF) [Entered: 07/10/2020 03:20 PM] |
| Paper copies of Appellant Reply Brief filed by Appellees Cross-Appellants El Paso County, Texas and Border Network for Human Rights in 19-51144 received. Paper copies match electronic version of document? Yes. # of Copies Provided: 7. [19-51144] (LEF) [Entered: 07/10/2020 03:34 PM] |
| PAPER COPIES REQUESTED for the Cross Appellant Brief filed by Appellees Cross-Appellants El Paso County, Texas and Border Network for Human Rights in 19-51144 [ # 9281334-2 ], Appellant Reply Brief filed by Appellees Cross-Appellants El Paso County, Texas and Border Network for Human Rights in 19-51144 [ # 9310427-2 ]. Paper Copies of Brief due on 07/13/2020 for Appellees Cross-Appellants Border Network for Human Rights and El Paso County, Texas. [19-51144] (MVM) [Entered: 07/08/2020 03:03 PM] |
| PAPER COPIES REQUESTED for the Record Excerpts filed by Appellants Cross-Appellees Mr. Donald J. Trump, President of the United States, Mr. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Mr. Todd T. Semonite, Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security and Mr. Mark Esper, Secretary, Department of Defense in 19-51144 [ # 9279523-2 ], Cross Appellee Brief filed by Appellants Cross-Appellees Mr. Donald J. Trump, President of the United States, Mr. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Mr. Todd T. Semonite, Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security and Mr. Mark Esper, Secretary, Department of Defense in 19-51144 [ # 9301899-2 ]. Paper Copies of Record Excerpts due on 07/13/2020 for Appellants Cross-Appellees David Bernhardt, Secretary, U.S. Department of the Interior, Mark Esper, Secretary, Department of Defense, Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Todd T. Semonite, Donald J. Trump, President of the United States and Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security.. Paper Copies of Brief due on 07/13/2020 for Appellants Cross-Appellees David Bernhardt, Secretary, U.S. Department of the Interior, Mark Esper, Secretary, Department of Defense, Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Todd T. Semonite, Donald J. Trump, President of the United States and Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security. [19-51144] (MVM) [Entered: 07/08/2020 02:58 PM] |
| PAPER COPIES REQUESTED for the Amicus Brief filed by State of Texas in 19-51144 [ # 9272247-2 ]. Paper Copies of Brief due on 07/13/2020 for Amicus Curiae State of Texas. [19-51144] (MVM) [Entered: 07/08/2020 02:33 PM] |
| PAPER COPIES REQUESTED for the Amicus Brief filed by Former Members of Congress and Amicus Curiae Former Members of Congress in 19-51144 [ # 9286608-2 ]. Paper Copies of Brief due on 07/13/2020 for Amicus Curiae Former Members of Congress. [19-51144] (MVM) [Entered: 07/08/2020 03:08 PM] |
| PAPER COPIES REQUESTED for the Amicus Brief filed by Amicus Curiae Mr. Andy Barr in 19-51144 [ # 9272313-2 ]. Paper Copies of Brief due on 07/13/2020 for Amicus Curiae Andy Barr. [19-51144] (MVM) [Entered: 07/08/2020 02:52 PM] |
| PAPER COPIES REQUESTED for the Amicus Brief filed by Former Republican Members of Congress in 19-51144 [ # 9287179-2 ]. Paper Copies of Brief due on 07/13/2020 for Amicus Curiae Former Republican Members of Congress. [19-51144] (MVM) [Entered: 07/08/2020 03:18 PM] |
| PAPER COPIES REQUESTED for the Amicus Brief filed by Former United States Government Officials and Amicus Curiae Former United States Government Officials in 19-51144 [ # 9286803-2 ]. Paper Copies of Brief due on 07/13/2020 for Amicus Curiae Former United States Government Officials. [19-51144] (MVM) [Entered: 07/08/2020 03:14 PM] |
| PAPER COPIES REQUESTED for the Amicus Brief filed by Brennan Center for Justice and Amicus Curiae Brennan Center for Justice in 19-51144 [ # 9286834-2 ]. Paper Copies of Brief due on 07/13/2020 for Amicus Curiae Brennan Center for Justice. [19-51144] (MVM) [Entered: 07/08/2020 03:16 PM] |
| RESPONSE filed to the 28j Letter filed by Appellees Cross-Appellants El Paso County, Texas and Border Network for Human Rights in 19-51144 [ # 9343743-2 ] Date of Service: 07/07/2020 [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: LETTER filed by Appellants Cross-Appellees Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Mark Esper, Secretary, Department of Defense, Mr. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Mr. Todd T. Semonite, Mr. Donald J. Trump, President of the United States and Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security referencing 28j Letter filed by Appellees Cross-Appellants El Paso County, Texas and Border Network for Human Rights [ # 9343743-2 ]. Date of Service: 07/07/2020 via email - Attorney for Amici Curiae: Bernstein, Callahan, Goitein, Griffin, Joseph, Kapnick, McKnight, Priest, Temple, Thompson, Tone; Attorney for Appellants Cross-Appellees: Byron, Dixon; Attorney for Appellees Cross-Appellants: El-Mallawany, Florence, Gerson, Hussein, Kistler, Mancino, Marsden, McDowell, Metlitsky, Parker; US mail - Attorney for Appellants Cross-Appellees: Gerardi, Warden; Attorney for Appellee Cross-Appellant: Padalino [19-51144] (Courtney Dixon ) [Entered: 07/07/2020 10:33 AM] |
| CASE TENTATIVELY calendared for oral argument for the week of 08/31/2020. [19-51144] (GAM) [Entered: 07/02/2020 04:01 PM] |
| SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED Date of Service: 06/26/2020 [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellees Cross-Appellants El Paso County, Texas and Border Network for Human Rights Date of Service: 06/26/2020 via email - Attorney for Amici Curiae: Bernstein, Callahan, Goitein, Griffin, Joseph, Kapnick, McKnight, Priest, Temple, Thompson, Tone; Attorney for Appellants Cross-Appellees: Byron, Dixon; Attorney for Appellees Cross-Appellants: El-Mallawany, Florence, Gerson, Hussein, Kistler, Mancino, Marsden, McDowell, Metlitsky, Parker; US mail - Attorney for Appellants Cross-Appellees: Gerardi, Warden; Attorney for Appellee Cross-Appellant: Padalino [19-51144] (Anton Metlitsky ) [Entered: 06/26/2020 05:15 PM] |
| CROSS APPELLANT'S REPLY BRIEF FILED XA/Pet Reply Brief deadline satisfied [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: CROSS APPELLANT'S REPLY BRIEF FILED by Border Network for Human Rights and El Paso County, Texas Date of service: 05/11/2020 via email - Attorney for Amici Curiae: Bernstein, Callahan, Goitein, Griffin, Joseph, Kapnick, McKnight, Priest, Temple, Thompson, Tone; Attorney for Appellants Cross-Appellees: Byron, Dixon; Attorney for Appellees Cross-Appellants: El-Mallawany, Florence, Gerson, Hussein, Kistler, Mancino, Marsden, McDowell, Metlitsky, Parker; US mail - Attorney for Appellants Cross-Appellees: Gerardi, Warden; Attorney for Appellee Cross-Appellant: Padalino [19-51144] (Anton Metlitsky ) [Entered: 05/11/2020 11:04 AM] |
| CROSS APPELLEE 'S BRIEF FILED XE/Res Brief deadline satisfied. XA/Pet's Reply Brief due on 05/18/2020 for Appellees Cross-Appellants Border Network for Human Rights and El Paso County, Texas [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: CROSS APPELLEE 'S BRIEF FILED by Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Mark Esper, Secretary, Department of Defense, Mr. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Mr. Todd T. Semonite, Mr. Donald J. Trump, President of the United States and Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security Date of service: 04/27/2020 via email - Attorney for Amici Curiae: Bernstein, Callahan, Goitein, Griffin, Joseph, Kapnick, McKnight, Priest, Temple, Thompson, Tone; Attorney for Appellants Cross-Appellees: Byron, Dixon, Gerardi, Warden; Attorney for Appellees Cross-Appellants: El-Mallawany, Florence, Gerson, Hussein, Kistler, Mancino, Marsden, McDowell, Metlitsky, Padalino, Parker [19-51144] (Courtney Dixon ) [Entered: 04/27/2020 05:15 PM] |
| APPEARANCE FORM received from Mr. Samuel Callahan for Former Members of Congress for the court's review. Lead Counsel? Yes. [19-51144] (Samuel Callahan ) [Entered: 04/13/2020 10:48 AM] |
| PROPOSED SUFFICIENT BRIEF filed by Amicus Curiae Former Members of Congress [ # 9286608-2 ] Date of service: 04/13/2020 via email - Attorney for Amici Curiae: Bernstein, Callahan, Goitein, Griffin, Joseph, Kapnick, McKnight, Priest, Temple, Thompson, Tone; Attorney for Appellants Cross-Appellees: Byron, Dixon, Warden; Attorney for Appellees Cross-Appellants: El-Mallawany, Florence, Gerson, Hussein, Kistler, Mancino, Marsden, McDowell, Metlitsky, Padalino, Parker; US mail - Attorney for Appellants Cross-Appellees: Gerardi, Warden; Attorney for Appellee Cross-Appellant: Padalino [19-51144] (Samuel Callahan ) [Entered: 04/13/2020 10:52 AM] |
| APPEARANCE FORM FILED by Attorney Samuel Callahan for Amicus Curiae Former Members of Congress in 19-51144 [19-51144] (MVM) [Entered: 04/13/2020 11:48 AM] |
| PROPOSED SUFFICIENT BRIEF filed by Amicus Curiae Former Republican Members of Congress [ # 9287179-2 ] Date of service: 04/08/2020 via email - Attorney for Amici Curiae: Bernstein, Callahan, Goitein, Griffin, Joseph, Kapnick, McKnight, Priest, Temple, Thompson, Tone; Attorney for Appellants Cross-Appellees: Byron, Dixon; Attorney for Appellees Cross-Appellants: El-Mallawany, Florence, Gerson, Hussein, Kistler, Mancino, Marsden, McDowell, Metlitsky, Parker; US mail - Attorney for Appellants Cross-Appellees: Gerardi, Warden; Attorney for Appellee Cross-Appellant: Padalino [19-51144] (John Wallace Griffin Jr.) [Entered: 04/08/2020 03:32 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [19-51144] (Elizabeth Goitein ) [Entered: 04/07/2020 11:25 AM] |
| APPEARANCE FORM FILED by Attorney Elizabeth Goitein for Amicus Curiae Brennan Center for Justice in 19-51144 [19-51144] (MVM) [Entered: 04/07/2020 03:15 PM] |
| APPEARANCE FORM FILED by Attorney(s) Robert Edward McKnight Jr. for party(s) Amicus Curiae Former United States Government Officials, in case 19-51144 [19-51144] (MRW) [Entered: 04/07/2020 07:35 AM] |
| PROPOSED SUFFICIENT BRIEF filed by Amicus Curiae Brennan Center for Justice [ # 9286834-2 ] Date of service: 04/07/2020 via email - Attorney for Amici Curiae: Bernstein, Callahan, Goitein, Griffin, Joseph, Kapnick, McKnight, Priest, Temple, Thompson, Tone; Attorney for Appellants Cross-Appellees: Byron, Dixon; Attorney for Appellees Cross-Appellants: El-Mallawany, Florence, Gerson, Hussein, Kistler, Mancino, Marsden, McDowell, Metlitsky, Parker; US mail - Attorney for Appellants Cross-Appellees: Gerardi, Warden; Attorney for Appellee Cross-Appellant: Padalino [19-51144] (Elizabeth Goitein ) [Entered: 04/07/2020 07:15 PM] |
| APPEARANCE FORM FILED by Attorney John Wallace Griffin Jr. for Amicus Curiae Former United States Government Officials in 19-51144 [19-51144] (MVM) [Entered: 04/06/2020 10:46 AM] |
| APPEARANCE FORM FILED by Attorney Chelsea Priest for Amicus Curiae Former Republican Members of Congress in 19-51144 [19-51144] (MVM) [Entered: 04/06/2020 12:14 PM] |
| SUFFICIENT AMICUS CURIAE BRIEF FILED by Former Members of Congress. The Consent is Included in the Brief. Sufficient Brief deadline satisfied [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Former Members of Congress. The Consent is Included in the Brief. Brief NOT Sufficient as it requires an Appearance Form from counsel signing the brief. Additionally the Brief requires certificate of service required. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Brief due on 04/20/2020 for Amicus Curiae Former Members of Congress. [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Former Members of Congress. Date of service: 04/03/2020 via email - Attorney for Amici Curiae: Bernstein, Joseph, Kapnick, Temple, Thompson, Tone; Attorney for Appellants Cross-Appellees: Byron, Dixon, Gerardi, Warden; Attorney for Appellees Cross-Appellants: El-Mallawany, Florence, Gerson, Hussein, Kistler, Mancino, Marsden, McDowell, Metlitsky, Padalino, Parker [19-51144] (Samuel Callahan ) [Entered: 04/03/2020 10:07 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [19-51144] (Robert Edward McKnight Jr.) [Entered: 04/03/2020 11:16 AM] |
| SUFFICIENT AMICUS CURIAE BRIEF FILED by Former United States Government Officials. The Consent is Included in the Brief. Sufficient Brief deadline satisfied [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Former United States Government Officials. The Consent is Included in the Brief. Additionally the Brief requires title does not agree with the caption of the case; name of originating court is incorrect. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Brief due on 04/20/2020 for Amicus Curiae Former United States Government Officials. [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Former U.S. Government Officials. Date of service: 04/03/2020 via email - Attorney for Amici Curiae: Bernstein, Joseph, Kapnick, Temple, Thompson, Tone; Attorney for Appellants Cross-Appellees: Byron, Dixon; Attorney for Appellees Cross-Appellants: El-Mallawany, Florence, Gerson, Hussein, Kistler, Mancino, Marsden, McDowell, Metlitsky, Parker; US mail - Attorney for Appellants Cross-Appellees: Gerardi, Warden; Attorney for Appellee Cross-Appellant: Padalino [19-51144] (John Wallace Griffin Jr.) [Entered: 04/03/2020 12:20 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [19-51144] (John Wallace Griffin Jr.) [Entered: 04/03/2020 11:21 AM] |
| SUFFICIENT AMICUS CURIAE BRIEF FILED by Brennan Center for Justice. The Consent is Included in the Brief. Sufficient Brief deadline satisfied [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Brennan Center for Justice. The Consent is Included in the Brief. Brief NOT Sufficient as it requires an Appearance Form from counsel signing the brief. Additionally the Brief requires title does not agree with the caption of the case;. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Brief due on 04/20/2020 for Amicus Curiae Brennan Center for Justice. [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by The Brennan Center for Justice at NYU School of Law. Date of service: 04/03/2020 via email - Attorney for Amici Curiae: Bernstein, Joseph, Kapnick, Temple, Thompson, Tone; Attorney for Appellants Cross-Appellees: Byron, Dixon; Attorney for Appellees Cross-Appellants: El-Mallawany, Florence, Gerson, Hussein, Kistler, Mancino, Marsden, McDowell, Metlitsky, Parker; US mail - Attorney for Appellants Cross-Appellees: Gerardi, Warden; Attorney for Appellee Cross-Appellant: Padalino [19-51144] (Elizabeth Goitein ) [Entered: 04/03/2020 12:51 PM] |
| AMICUS CURIAE BRIEF FILED by Former Republican Members of Congress. The Consent is Included in the Brief. [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Former Republican Members of Congress. Date of service: 04/03/2020 via email - Attorney for Amici Curiae: Bernstein, Joseph, Kapnick, Temple, Thompson, Tone; Attorney for Appellants Cross-Appellees: Byron, Dixon, Gerardi, Warden; Attorney for Appellees Cross-Appellants: El-Mallawany, Florence, Gerson, Hussein, Kistler, Mancino, Marsden, McDowell, Metlitsky, Padalino, Parker; US mail - Attorney for Appellants Cross-Appellees: Gerardi, Warden; Attorney for Appellee Cross-Appellant: Padalino [19-51144] (Chelsea Ann Priest ) [Entered: 04/03/2020 04:12 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [19-51144] (Chelsea Ann Priest ) [Entered: 04/03/2020 03:36 PM] |
| CROSS APPELLANT'S BRIEF FILED XA/Pet Brief deadline satisfied. XE/Res's Brief due on 04/27/2020 for Appellants Cross-Appellees David Bernhardt, Secretary, U.S. Department of the Interior, Mark Esper, Secretary, Department of Defense, Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Todd T. Semonite, Donald J. Trump, President of the United States and Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: CROSS APPELLANT'S BRIEF FILED by Border Network for Human Rights and El Paso County, Texas. Date of service: 03/27/2020 via email - Attorney for Amici Curiae: Bernstein, Joseph, Kapnick, Temple, Thompson, Tone; Attorney for Appellants: Byron, Dixon, Gerardi, Warden; Attorney for Appellees Cross-Appellants: El-Mallawany, Florence, Gerson, Hussein, Kistler, Mancino, Marsden, McDowell, Metlitsky, Padalino, Parker [19-51144] (Anton Metlitsky ) [Entered: 03/27/2020 10:31 AM] |
| RECORD EXCERPTS FILED. Record Excerpts deadline satisfied [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellants Cross-Appellees Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Mark Esper, Secretary, Department of Defense, Mr. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Mr. Todd T. Semonite, Mr. Donald J. Trump, President of the United States and Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security. Date of service: 03/25/2020 via email - Attorney for Amici Curiae: Bernstein, Joseph, Kapnick, Temple, Thompson, Tone; Attorney for Appellants Cross-Appellees: Byron, Dixon, Gerardi, Warden; Attorney for Appellees Cross-Appellants: El-Mallawany, Florence, Gerson, Hussein, Kistler, Mancino, Marsden, McDowell, Metlitsky, Parker; US mail - Attorney for Appellee Cross-Appellant: Padalino [19-51144] (Courtney Dixon ) [Entered: 03/25/2020 11:50 AM] |
| APPEARANCE FORM FILED by Attorney Natalie Deyo Thompson for Amicus Curiae State of Texas in 19-51144 [19-51144] (MVM) [Entered: 03/18/2020 08:51 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [19-51144] (Natalie Deyo Thompson ) [Entered: 03/17/2020 12:05 PM] |
| AMICUS CURIAE BRIEF FILED by State of Texas. Consent is Not Necessary as Amicus is a Government Entity. Paper Copies of Brief due on 03/23/2020 for Amicus Curiae State of Texas. [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by State of Texas. Date of service: 03/16/2020 via email - Attorney for Amici Curiae: Bernstein, Joseph, Kapnick, Temple, Tone; Attorney for Appellants Cross-Appellees: Byron, Dixon; Attorney for Appellees Cross-Appellants: El-Mallawany, Florence, Gerson, Hussein, Kistler, Mancino, Marsden, McDowell, Metlitsky, Parker; US mail - Attorney for Appellants Cross-Appellees: Gerardi, Warden; Attorney for Appellee Cross-Appellant: Padalino [19-51144] (Natalie Deyo Thompson ) [Entered: 03/16/2020 04:42 PM] |
| AMICUS CURIAE BRIEF FILED by Mr. Andy Barr. The Consent is Included in the Brief. # of Copies Provided: 0 [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by U.S. Rep. Andy Barr. Date of service: 03/16/2020 via email - Attorney for Amici Curiae: Bernstein, Joseph, Kapnick, Temple, Tone; Attorney for Appellants Cross-Appellees: Byron, Dixon; Attorney for Appellees Cross-Appellants: El-Mallawany, Florence, Gerson, Hussein, Kistler, Mancino, Marsden, McDowell, Metlitsky, Parker; US mail - Attorney for Appellants Cross-Appellees: Gerardi, Warden; Attorney for Appellee Cross-Appellant: Padalino [19-51144] (Lawrence John Joseph ) [Entered: 03/16/2020 10:45 PM] |
| Paper copies of Appellant Brief filed by Appellants Cross-Appellees Mr. Donald J. Trump, President of the United States, Mr. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Mr. Todd T. Semonite, Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security and Mr. Mark Esper, Secretary, Department of Defense in 19-51144 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [19-51144] (DMS) [Entered: 03/12/2020 03:44 PM] |
| APPELLANT'S BRIEF FILED # of Copies Provided: 0 A/Pet's Brief deadline satisfied. Record Excerpts due on 03/25/2020 for Appellants Cross-Appellees David Bernhardt, Secretary, U.S. Department of the Interior, Mark Esper, Secretary, Department of Defense, Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Todd T. Semonite, Donald J. Trump, President of the United States and Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security. XA/Pet's Brief due on 04/08/2020 for Appellees Cross-Appellants Border Network for Human Rights and El Paso County, Texas.. Paper Copies of Brief due on 03/16/2020 for Appellants Cross-Appellees David Bernhardt, Secretary, U.S. Department of the Interior, Mark Esper, Secretary, Department of Defense, Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Todd T. Semonite, Donald J. Trump, President of the United States and Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security. [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Mark Esper, Secretary, Department of Defense, Mr. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Mr. Todd T. Semonite, Mr. Donald J. Trump, President of the United States and Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security. Date of service: 03/09/2020 via email - Attorney for Amici Curiae: Bernstein, Joseph, Kapnick, Temple, Tone; Attorney for Appellants Cross-Appellees: Byron, Dixon; Attorney for Appellees Cross-Appellants: El-Mallawany, Florence, Gerson, Hussein, Kistler, Mancino, Marsden, McDowell, Metlitsky, Parker; US mail - Attorney for Appellants Cross-Appellees: Gerardi, Warden; Attorney for Appellee Cross-Appellant: Padalino [19-51144] (Courtney Dixon ) [Entered: 03/09/2020 03:52 PM] |
| BRIEFING NOTICE ISSUED A/Pet's Brief Due on 03/09/2020 for Appellants Cross-Appellees David Bernhardt, Secretary, U.S. Department of the Interior, Mark Esper, Secretary, Department of Defense, Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Todd T. Semonite, Donald J. Trump, President of the United States and Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security. [19-51144] (DDL) [Entered: 01/29/2020 02:05 PM] |
| ELECTRONIC RECORD ON APPEAL FILED. Exhibits on File in District Court? No. Electronic ROA deadline satisfied. [19-51144] (DDL) [Entered: 01/29/2020 02:05 PM] |
| APPEARANCE FORM FILED by Attorney(s) Shaimaa Hussein for party(s) Appellee Cross-Appellant Border Network for Human Rights Appellee Cross-Appellant El Paso County, Texas, in case 19-51144 [19-51144] (MVM) [Entered: 01/20/2020 08:24 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [19-51144] (Shaimaa Hussein ) [Entered: 01/17/2020 02:07 PM] |
| FEE PAID by Appellees Cross-Appellants Border Network for Human Rights and El Paso County, Texas. Fee deadline satisfied [19-51144] (MFY) [Entered: 01/15/2020 07:43 AM] |
| ELECTRONIC RECORD ON APPEAL REQUESTED FROM DISTRICT COURT for 3:19-CV-66. Electronic ROA due on 01/30/2020. [19-51144] (MFY) [Entered: 01/15/2020 07:47 AM] |
| COURT ORDER - This panel previously denied the appellees cross-appellants motion to expedite appeal. The panel has considered Appellee Cross-Appellants' opposed motion for reconsideration. IT IS ORDERED that the motion is DENIED.[ # 9227966-2 ] [19-51144] (MVM) [Entered: 01/14/2020 07:35 AM] |
| Paper copies of Amicus Brief filed by Mr. Andy Barr in 19-51144 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [19-51144] (RAJ) [Entered: 01/14/2020 03:27 PM] |
| Paper copies of Amicus Brief filed by Project on Government Oversight, Mr. Richard Bernstein, Mr. Christopher Shays, Ms. Christine Todd Whitman, Mr. John Bellinger, III, Mr. Samuel Witten and Mr. Stanley Twardy in 19-51144 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [19-51144] (DMS) [Entered: 01/15/2020 03:17 PM] |
| DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the Petition for Rehearing En Banc received from Appellees Cross-Appellants Border Network for Human Rights and El Paso County, Texas because En Banc consideration of a non dispositive order is not permitted. [19-51144] (MVM) [Entered: 01/13/2020 12:34 PM] |
| APPEARANCE FORM FILED by Attorney(s) Jeffrey Tone for party(s) Amicus Curiae Christopher Shays Amicus Curiae John Bellinger III Amicus Curiae Samuel Witten Amicus Curiae Christine Todd Whitman Amicus Curiae Richard Bernstein Amicus Curiae Project on Government Oversight Amicus Curiae Stanley Twardy, in case 19-51144 [19-51144] (MVM) [Entered: 01/10/2020 12:33 PM] |
| APPEARANCE FORM FILED by Attorney Richard Bernstein for Amicus Curiae Richard Bernstein in 19-51144, Attorney Richard Bernstein for Amicus Curiae Stanley Twardy in 19-51144, Attorney Richard Bernstein for Amicus Curiae Samuel Witten in 19-51144, Attorney Richard Bernstein for Amicus Curiae John Bellinger III in 19-51144, Attorney Richard Bernstein for Amicus Curiae Christine Todd Whitman in 19-51144, Attorney Richard Bernstein for Amicus Curiae Christopher Shays in 19-51144, Attorney Richard Bernstein for Amicus Curiae Project on Government Oversight in 19-51144 [19-51144] (MVM) [Entered: 01/10/2020 12:56 PM] |
| OPPOSED MOTION for reconsideration of the 01/08/2020 court order denying Motion to expedite appeal, ONLY, filed by Appellees Cross-Appellants El Paso County, Texas and Border Network for Human Rights in 19-51144 [ # 9216733-3 ] [9227966-2]. Date of service: 01/10/2020 [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellees Cross-Appellants El Paso County, Texas and Border Network for Human Rights for reconsideration of the Order dated 01/08/2020 [9227966-2]. Date of service: 01/10/2020 via email - Attorney for Amici Curiae: Bernstein, Joseph, Kapnick, Temple, Tone; Attorney for Appellants Cross-Appellees: Byron, Dixon, Gerardi, Warden; Attorney for Appellees Cross-Appellants: El-Mallawany, Florence, Gerson, Kistler, Mancino, Marsden, McDowell, Metlitsky, Padalino, Parker [19-51144] (Anton Metlitsky ) [Entered: 01/10/2020 05:58 PM] |
| APPEARANCE FORM FILED by Attorney(s) Nancy A. Temple for party(s) Amicus Curiae Christopher Shays Amicus Curiae John Bellinger III Amicus Curiae Samuel Witten Amicus Curiae Christine Todd Whitman Amicus Curiae Richard Bernstein Amicus Curiae Project on Government Oversight Amicus Curiae Stanley Twardy, in case 19-51144 [19-51144] (MVM) [Entered: 01/10/2020 12:57 PM] |
| AMICUS CURIAE BRIEF FILED by Mr. Andy Barr. Consent is Not Necessary as a Motion has been Granted. Brief NOT Sufficient as it requires an Appearance Form from counsel signing the brief. # of Copies Provided: 0 Sufficient Brief due on 01/23/2020 for Amicus Curiae Andy Barr.. Paper Copies of Brief due on 01/14/2020 for Amicus Curiae Andy Barr. [19-51144] (MVM) [Entered: 01/09/2020 08:56 AM] |
| AMICUS CURIAE BRIEF FILED by Mr. Richard Bernstein, Mr. Stanley Twardy, Mr. Samuel Witten, Mr. John Bellinger, III, Ms. Christine Todd Whitman, Mr. Christopher Shays and Project on Government Oversight. Consent is Not Necessary as a Motion has been Granted. # of Copies Provided: 0 Paper Copies of Brief due on 01/14/2020 for Amici Curiae Project on Government Oversight, Christopher Shays, Christine Todd Whitman, John Bellinger, Samuel Witten, Stanley Twardy and Richard Bernstein. [19-51144] (MVM) [Entered: 01/09/2020 09:48 AM] |
| APPEARANCE FORM FILED by Attorney Lawrence John Joseph for Amicus Curiae Andy Barr in 19-51144 Sufficient Brief deadline satisfied [19-51144] (MVM) [Entered: 01/09/2020 09:59 AM] |
| APPEARANCE FORM FILED by Attorney(s) Richard B. Kapnick for party(s) Amicus Curiae Christopher Shays Amicus Curiae John Bellinger III Amicus Curiae Samuel Witten Amicus Curiae Christine Todd Whitman Amicus Curiae Richard Bernstein Amicus Curiae Project on Government Oversight Amicus Curiae Stanley Twardy, in case 19-51144 [19-51144] (CCR) [Entered: 01/09/2020 11:35 AM] |
| COURT ORDER that the application for a stay of the district court's injunction pending appeal is GRANTED. The Supreme Court recently stayed a similar injunction from our sister circuit. See Trump v. Sierra Club, 140 S. Ct. 1 (2019) (mem.); accord Sierra Club v. Trump, No. 19-17501, slip. op. (9th Cir. Dec. 30, 2019). The Government is entitled to the same relief here for, among other reasons, the substantial likelihood that Appellees lack Article III standing [ # 9211614-2 ]; [ # 9211614-3 ]; IT IS FURTHER ORDERED that Appellees' motion to expedite appeal is DENIED [ # 9216733-3 ]; IT IS FURTHER ORDERED that Appellees' motion for oral argument to be scheduled no later than March 2020 is DENIED [ # 9216733-4 ]; IT IS FURTHER ORDERED that the unopposed motion for leave to file Amicus Curiae brief of United States Representative Andy Barr in support of Appellants' motion for stay pending appeal of order granting injunction is GRANTED [ # 9216343-2 ], IT IS FURTHER ORDERED that the unopposed motion for leave to file Amicus Curiae brief of Government Oversight, Incorporated, Christopher Shays, Christine Todd Whitman, John Bellinger III, Samuel Wittem, Stanley Twardy, and Richard Bernstein in opposition to Appellants' motion for stay pending appeal of order granting injunction is GRANTED (IN DETAIL) [ # 9216805-2 ]. [19-51144] (MCS) [Entered: 01/08/2020 06:02 PM] |
| APPEARANCE FORM FILED by Attorney Richard Mancino for Appellee Cross-Appellant Border Network for Human Rights in 19-51144, Attorney Richard Mancino for Appellee Cross-Appellant El Paso County, Texas in 19-51144 [19-51144] (MVM) [Entered: 01/07/2020 09:40 AM] |
| INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [9222568-2] Fee due on 01/21/2020 for Appellees Cross-Appellants Border Network for Human Rights and El Paso County, Texas [19-51144] (CBW) [Entered: 01/06/2020 09:03 AM] |
| APPEARANCE FORM received from Mr. Richard Mancino for Border Network for Human Rights and El Paso County, Texas for the court's review. Lead Counsel? No. [19-51144] (Richard Mancino ) [Entered: 01/06/2020 07:15 PM] |
| SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellants Cross-Appellees Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Mark Esper, Secretary, Department of Defense, Mr. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Mr. Todd T. Semonite, Mr. Donald J. Trump, President of the United States and Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security Date of Service: 12/31/2019 via email - Attorney for Appellants Cross-Appellees: Byron, Dixon, Gerardi, Warden; Attorney for Appellees Cross-Appellants: El-Mallawany, Florence, Gerson, Kistler, Mancino, Marsden, McDowell, Metlitsky, Padalino, Parker [19-51144] (Courtney Dixon ) [Entered: 12/31/2019 10:46 AM] |
| REPLY filed by [9219102-1] to the Response/Opposition filed by Appellees Cross-Appellants El Paso County, Texas and Border Network for Human Rights in 19-51144 [ # 9216733-2 ]. Date of Service: 12/30/2019. [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: REPLY filed by Appellants Cross-Appellees Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Mark Esper, Secretary, Department of Defense, Mr. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Mr. Todd T. Semonite, Mr. Donald J. Trump, President of the United States and Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security [9219102-1] to the Response/Opposition filed by Appellees Cross-Appellants Border Network for Human Rights and El Paso County, Texas [ # 9216733-2 ], to the Motion filed by Appellees Cross-Appellants Border Network for Human Rights and El Paso County, Texas [ # 9216733-3 ], to the Motion filed by Appellees Cross-Appellants Border Network for Human Rights and El Paso County, Texas [ # 9216733-4 ]. Date of Service: 12/30/2019 via email - Attorney for Appellants Cross-Appellees: Byron, Dixon, Gerardi, Warden; Attorney for Appellees Cross-Appellants: El-Mallawany, Florence, Gerson, Kistler, Mancino, Marsden, McDowell, Metlitsky, Padalino, Parker. [19-51144] (Courtney Dixon ) [Entered: 12/30/2019 02:08 PM] |
| APPEARANCE FORM FILED by Attorney(s) Justin Florence for party(s) Appellee Cross-Appellant Border Network for Human Rights Appellee Cross-Appellant El Paso County, Texas, in case 19-51144 [19-51144] (MFY) [Entered: 12/27/2019 03:27 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [19-51144] (Justin Florence ) [Entered: 12/26/2019 09:01 AM] |
| UNOPPOSED MOTION by Project of Government Oversight, Christopher Shays, Christine Todd Whitman, John Bellinger III, Samuel Witten, Stanley Twardy, and Richard Bernstein to file amicus brief [9216343-2] Date of service: 12/23/2019 via email - Attorney for Appellants Cross-Appellees: Byron, Dixon, Gerardi, Warden; Attorney for Appellees Cross-Appellants: El-Mallawany, Gerson, Mancino, McDowell, Metlitsky, Padalino, Parker; US mail - Attorney for Appellants Cross-Appellees: Gerardi, Warden; Attorney for Appellee Cross-Appellant: Padalino [19-51144] (Richard Bernstein ) [Entered: 12/23/2019 11:55 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [19-51144] (Jeffrey Tone ) [Entered: 12/23/2019 11:59 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [19-51144] (Richard Bernstein ) [Entered: 12/23/2019 11:42 AM] |
| CASE CAPTION updated. Cross appeal filed. [9216242-2] Parties updated: Appellants Cross-Appellees Donald J. Trump, President of the United States, Mark Esper, Secretary, Department of Defense, Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security, David Bernhardt, Secretary, U.S. Department of the Interior, Steven T. Mnuchin, Secretary, U.S. Department of Treasury and Todd T. Semonite, Appellees Cross-Appellants El Paso County, Texas and Border Network for Human Rights in 19-51144. NOA filed by Appellees Border Network for Human Rights and El Paso County, Texas. [9216242-1] [19-51144] (LLL) [Entered: 12/23/2019 11:04 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [19-51144] (Richard B. Kapnick ) [Entered: 12/23/2019 12:02 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [19-51144] (Nancy A. Temple ) [Entered: 12/23/2019 11:38 AM] |
| ELECTRONIC RECORD ON APPEAL REQUESTED FROM DISTRICT COURT for 3:19-CV-66. Electronic ROA due on 01/07/2020. [19-51144] (WMJ) [Entered: 12/23/2019 02:50 PM] |
| UNOPPOSED MOTION by U.S. Rep. Andy Barr to file amicus brief [9216805-2] Date of service: 12/23/2019 via email - Attorney for Appellants Cross-Appellees: Byron, Dixon; Attorney for Appellees Cross-Appellants: El-Mallawany, Gerson, Kistler, Mancino, Marsden, McDowell, Metlitsky, Parker; US mail - Attorney for Appellants Cross-Appellees: Gerardi, Warden; Attorney for Appellee Cross-Appellant: Padalino [19-51144] (Lawrence John Joseph ) [Entered: 12/23/2019 06:30 PM] |
| APPEARANCE FORM FILED by Attorney(s) Cameron Oatman Kistler, Jessica Marsden, and Deana K. El-Mallawany for party(s) Appellee Cross-Appellant Border Network for Human Rights, Appellee Cross-Appellant El Paso County, Texas, in case 19-51144 [19-51144] (WMJ) [Entered: 12/23/2019 02:57 PM] |
| RESPONSE/OPPOSITION filed by Border Network for Human Rights and El Paso County, Texas [9216733-1] to the Motion filed by Appellants Mr. William P. Barr, U. S. Attorney General, Mr. John F. Bash, Mr. Patrick M. Shanahan, Acting Secretary, U.S. Department of Defense and Appellants Cross-Appellees Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Mr. Todd T. Semonite, Mr. Donald J. Trump, President of the United States and Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security [ # 9211614-2 ], Motion filed by Appellants Mr. William P. Barr, U. S. Attorney General, Mr. John F. Bash, Mr. Patrick M. Shanahan, Acting Secretary, U.S. Department of Defense and Appellants Cross-Appellees Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Mr. Todd T. Semonite, Mr. Donald J. Trump, President of the United States and Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security[9216733-1] to the Motion for stay pending appeal filed by Appellants Cross-Appellees Mr. Donald J. Trump, President of the United States, Mr. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Mr. Todd T. Semonite, Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security and Appellants Mr. Patrick M. Shanahan, Acting Secretary, U.S. Department of Defense, Mr. William P. Barr, U. S. Attorney General and Mr. John F. Bash in 19-51144 [ # 9211614-2 ], Motion to stay order filed by Appellants Cross-Appellees Mr. Donald J. Trump, President of the United States, Mr. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Mr. Todd T. Semonite, Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security and Appellants Mr. Patrick M. Shanahan, Acting Secretary, U.S. Department of Defense, Mr. William P. Barr, U. S. Attorney General and Mr. John F. Bash in 19-51144 [ # 9211614-3 ]Response/Opposition deadline satisfied.. Response/Opposition to Incorporated Motion due on 01/02/2020 and INCORPORATED MOTION to expedite the appeal [9216733-3], and requesting oral argument no later than March 2020. [9216733-4] [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by Border Network for Human Rights and El Paso County, Texas [9216733-1] to the Motion filed by Appellants Mr. William P. Barr, U. S. Attorney General, Mr. John F. Bash, Mr. Patrick M. Shanahan, Acting Secretary, U.S. Department of Defense and Appellants Cross-Appellees Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Mr. Todd T. Semonite, Mr. Donald J. Trump, President of the United States and Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security [ # 9211614-2 ], Motion filed by Appellants Mr. William P. Barr, U. S. Attorney General, Mr. John F. Bash, Mr. Patrick M. Shanahan, Acting Secretary, U.S. Department of Defense and Appellants Cross-Appellees Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Mr. Todd T. Semonite, Mr. Donald J. Trump, President of the United States and Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security [ # 9211614-3 ] Date of Service: 12/23/2019 via email - Attorney for Appellants Cross-Appellees: Byron, Dixon, Gerardi, Warden; Attorney for Appellees Cross-Appellants: El-Mallawany, Gerson, Kistler, Mancino, Marsden, McDowell, Metlitsky, Padalino, Parker. [19-51144] (Anton Metlitsky ) [Entered: 12/23/2019 04:01 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [19-51144] (Lawrence John Joseph ) [Entered: 12/23/2019 02:38 PM] |
| INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [9216586-2] Initial AA Check Due satisfied. [19-51144] (WMJ) [Entered: 12/23/2019 02:44 PM] |
| APPEARANCE FORM FILED by Attorney Ephraim A. McDowell for Appellee Border Network for Human Rights in 19-51144, Attorney Ephraim A. McDowell for Appellee El Paso County, Texas in 19-51144 [19-51144] (CB) [Entered: 12/20/2019 11:21 AM] |
| APPEARANCE FORM FILED by Attorney Kristy L. Parker for Appellee Border Network for Human Rights in 19-51144, Attorney Kristy L. Parker for Appellee El Paso County, Texas in 19-51144 [19-51144] (CB) [Entered: 12/20/2019 11:20 AM] |
| APPEARANCE FORM FILED by Attorney Stuart Michael Gerson for Appellee Border Network for Human Rights in 19-51144, Attorney Stuart Michael Gerson for Appellee El Paso County, Texas in 19-51144 [19-51144] (CB) [Entered: 12/20/2019 11:18 AM] |
| APPEARANCE FORM FILED by Attorney Anton Metlitsky for Appellee Border Network for Human Rights in 19-51144, Attorney Anton Metlitsky for Appellee El Paso County, Texas in 19-51144 [19-51144] (CB) [Entered: 12/20/2019 11:22 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [19-51144] (Cameron Oatman Kistler ) [Entered: 12/20/2019 02:47 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [19-51144] (Jessica Marsden ) [Entered: 12/20/2019 01:55 PM] |
| APPEARANCE FORM received from Mr. Deana K. El-Mallawany for Border Network for Human Rights and El Paso County, Texas for the court's review. Lead Counsel? No. [19-51144] (Deana K. El-Mallawany ) [Entered: 12/20/2019 02:35 PM] |
| APPEARANCE FORM received from Mr. Anton Metlitsky for Border Network for Human Rights and El Paso County, Texas for the court's review. Lead Counsel? No. [19-51144] (Anton Metlitsky ) [Entered: 12/19/2019 02:26 PM] |
| APPEARANCE FORM received from Mr. Ephraim A. McDowell for Border Network for Human Rights and El Paso County, Texas for the court's review. Lead Counsel? No. [19-51144] (Ephraim A. McDowell ) [Entered: 12/19/2019 02:30 PM] |
| APPEARANCE FORM received from Mr. Stuart Michael Gerson, Esq. for Border Network for Human Rights and El Paso County, Texas for the court's review. Lead Counsel? No. [19-51144] (Stuart Michael Gerson ) [Entered: 12/19/2019 03:40 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [19-51144] (Kristy L. Parker ) [Entered: 12/19/2019 03:15 PM] |
| CASE CAPTION updated. Involvement terminated for Appellants William P. Barr, U. S. Attorney General and John F. Bash in 19-51144. Reason: Appellants advised no longer parties in the case. [19-51144] (MFY) [Entered: 12/18/2019 10:56 AM] |
| APPEARANCE FORM FILED by Attorney H. Thomas Byron III for Appellant Todd T. Semonite in 19-51144, Attorney H. Thomas Byron III for Appellant Steven T. Mnuchin, Secretary, U.S. Department of Treasury in 19-51144, Attorney H. Thomas Byron III for Appellant David Bernhardt, Secretary, U.S. Department of the Interior in 19-51144, Attorney H. Thomas Byron III for Appellant Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security in 19-51144, Attorney H. Thomas Byron III for Appellant Patrick M. Shanahan, Acting Secretary, U.S. Department of Defense in 19-51144, Attorney H. Thomas Byron III for Appellant Donald J. Trump, President of the United States in 19-51144 [19-51144] (MFY) [Entered: 12/18/2019 11:04 AM] |
| LETTER filed by Appellants, Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Mr. Todd T. Semonite, Mr. Mark T. Esper Secretary, U.S. Department of Defense, Mr. Donald J. Trump, President of the United States and Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Securityadvising of DC's 12/17/19 order denying stay of injunction. [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellants Mr. William P. Barr, U. S. Attorney General, Mr. John F. Bash, Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Mr. Todd T. Semonite, Mr. Patrick M. Shanahan, Acting Secretary, U.S. Department of Defense, Mr. Donald J. Trump, President of the United States and Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security Date of Service: 12/18/2019 via email - Attorney for Appellants: Byron, Dixon, Gerardi, Warden; Attorney for Appellees: El-Mallawany, Gerson, Mancino, McDowell, Metlitsky, Padalino, Parker [19-51144] (Courtney Dixon ) [Entered: 12/18/2019 09:43 AM] |
| APPEARANCE FORM FILED by Attorney Courtney Dixon for Appellant Todd T. Semonite in 19-51144, Attorney Courtney Dixon for Appellant Steven T. Mnuchin, Secretary, U.S. Department of Treasury in 19-51144, Attorney Courtney Dixon for Appellant David Bernhardt, Secretary, U.S. Department of the Interior in 19-51144, Attorney Courtney Dixon for Appellant Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security in 19-51144, Attorney Courtney Dixon for Appellant Patrick M. Shanahan, Acting Secretary, U.S. Department of Defense in 19-51144, Attorney Courtney Dixon for Appellant Donald J. Trump, President of the United States in 19-51144 [19-51144] (MFY) [Entered: 12/18/2019 11:05 AM] |
| CASE CAPTION updated. Appellant Patrick M. Shanahan, Acting Secretary, U.S. Department of Defense in 19-51144 substituted by Appellant Mark Esper, Secretary, Department of Defense in 19-51144 [19-51144] (MFY) [Entered: 12/18/2019 02:22 PM] |
| CASE CAPTION updated. Additional appeal filed. [9212054-2] NOA filed by Appellants Mr. William P. Barr, U. S. Attorney General, Mr. John F. Bash, Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Mr. Todd T. Semonite, Mr. Patrick M. Shanahan, Acting Secretary, U.S. Department of Defense, Mr. Donald J. Trump, President of the United States and Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security. [9212054-1] [19-51144] (PAC) [Entered: 12/17/2019 10:51 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [19-51144] (H. Thomas Byron III) [Entered: 12/16/2019 02:31 PM] |
| CASE CAPTION updated. Appellant Steven T. Mnuchin, Secretary, U.S. Department of Treasury added to case. Reason: erroneously omitted at case opening. [19-51144] (AGL) [Entered: 12/16/2019 12:03 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [19-51144] (Courtney Dixon ) [Entered: 12/16/2019 02:40 PM] |
| OPPOSED MOTION for stay pending appeal [9211614-2]. Date of service: 12/16/2019 Response/Opposition due on 12/26/2019. [19-51144] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellants Mr. William P. Barr, U. S. Attorney General, Mr. John F. Bash, Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Steven T. Mnuchin, Secretary, U.S. Department of Treasury, Mr. Todd T. Semonite, Mr. Patrick M. Shanahan, Acting Secretary, U.S. Department of Defense, Mr. Donald J. Trump, President of the United States and Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security for stay pending appeal [9211614-2] Ruling is requested by: 12/16/2019, to stay order of the U.S. District Court for the Western District of Texas dated 12/10/2019 [9211614-3]. Date of service: 12/16/2019 via email - Attorney for Appellants: Byron, Dixon, Gerardi, Warden; Attorney for Appellees: El-Mallawany, Gerson, Mancino, McDowell, Metlitsky, Padalino, Parker [19-51144] (Courtney Dixon ) [Entered: 12/16/2019 06:25 PM] |
| US CIVIL CASE docketed. NOA filed by Appellants Mr. William P. Barr, U. S. Attorney General, Mr. John F. Bash, Mr. David Bernhardt, Secretary, U.S. Department of the Interior, Mr. Todd T. Semonite, Mr. Patrick M. Shanahan, Acting Secretary, U.S. Department of Defense, Mr. Donald J. Trump, President of the United States and Mr. Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security [19-51144] (AGL) [Entered: 12/16/2019 11:41 AM] |
| Attorney H. Thomas Byron III, and Courtney Dixon added as counsel of record for Appellants Donald J. Trump, President of the United States, Patrick M. Shanahan, Acting Secretary, U.S. Department of Defense, Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security, David Bernhardt, Secretary, U.S. Department of the Interior, Steven T. Mnuchin, Secretary, U.S. Department of Treasury, William P. Barr, U. S. Attorney General, John F. Bash and Todd T. Semonite in 19-51144 [19-51144] (MVM) [Entered: 12/16/2019 02:51 PM] |
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