Sierra Club, et al v. Donald Trump, et al
| KEVIN K. MCALEENAN, in his official capacity, STEVEN TERNER MNUCHIN, in his official capacity, PATRICK SHANAHAN, in his official capacity, DONALD J. TRUMP, in his official capacity, PATRICK SHANAHAN, in his official capacity as Acting Secretary of the Defense, DONALD J. TRUMP, in his official capacity as President of the United States, MARK T. ESPER, in his official capacity as Acting Secretary of the Defense, KEVIN K. MCALEENAN, in his official capacity as Acting Secretary of Homeland Security and STEVEN TERNER MNUCHIN, in his official capacity as Secretary of the Department of the Treasury |
| SIERRA CLUB and SOUTHERN BORDER COMMUNITIES COALITION |
| STATE OF DELAWARE, STATE OF VERMONT, SLSCO LTD., STATE OF MARYLAND, STATE OF NEW MEXICO, STATE OF NEVADA, STATE OF MINNESOTA, STATE OF MASSACHUSETTS, STATE OF WISCONSIN, STATE OF VIRGINIA, STATE OF NEW YORK, STATE OF ILLINOIS, STATE OF RHODE ISLAND, FORMER MEMBERS OF CONGRESS, STATE OF COLORADO, STATE OF OREGON, STATE OF MICHIGAN, DANA NESSEL, Attorney General, on behalf of the People of Michigan, STATE OF CONNECTICUT, STATE OF CALIFORNIA, STATE OF NEW JERSEY, STATE OF HAWAII, ANDY BARR, U.S. Representative, FORMER U.S. GOVERNMENT OFFICIALS, FEDERAL COURTS SCHOLARS, STATE OF MAINE, AMERICAN CENTER FOR LAW AND JUSTICE and U.S. HOUSE OF REPRESENTATIVES |
| 19-16102 |
| May 29, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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 Sierra Club v. Trump
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Sierra Club v. Trump
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Docket Report
RSS Track this Docket
This docket was last retrieved on July 26, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 83 Received copy of Supreme Court of the United States Opinion of Breyer, J. filed on 07/26/2019. (No. 19A60) [11378645] [19-16102, 19-16299, 19-16336, 19-16300] (RL) [Entered: 07/26/2019 04:41 PM] |
| Filing 82 The Mediation Questionnaire for this case was filed on 07/16/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11365098][19-16102] (AD) [Entered: 07/16/2019 12:44 PM] |
| Filing 81 Filed order MEDIATION (LW): The courts order at docket entry [ # 79 ] is VACATED. [11364962] [19-16102, 19-16299, 19-16336, 19-16300] (SB) [Entered: 07/16/2019 11:46 AM] |
| Filing 80 Filed (ECF) Appellants State of California and State of New Mexico in 19-16336 Mediation Questionnaire. Date of service: 07/16/2019. [11364761] [19-16336, 19-16102, 19-16299, 19-16300] (Leslie, Heather) [Entered: 07/16/2019 10:47 AM] |
| Filing 79 MEDIATION ORDER FILED: The court of appeals' records do not indicate that appellants in these consolidated appeals have filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellants shall file a Mediation Questionnaire or dismiss the appeal voluntarily. Failure to comply with this order will result in dismissal pursuant to Ninth Cir. R. 42-1. [11364608] [19-16102, 19-16299, 19-16336, 19-16300] (LW) [Entered: 07/16/2019 10:02 AM] |
| Filing 78 Filed order (RICHARD R. CLIFTON, N. RANDY SMITH and MICHELLE T. FRIEDLAND): We grant Defendants Unopposed Motion to Consolidate Appeals and Establish Briefing Schedule. Appeal Nos. 19-16102, 19-16300, 19-16299, and 19-16336 are consolidated. In accordance with Defendants proposed briefing schedule: Defendants opening brief is due July 31, 2019. Sierra Club Case plaintiffs response brief, and States Case plaintiffs response brief and opening brief on cross-appeal, are due August 30, 2019. Defendants reply brief and response brief to States Case plaintiffs cross-appeal is due September 20, 2019. States Case plaintiffs reply brief on cross-appeal is due October 11, 2019. We request that the parties promptly inform this Court of any developments affecting this appeal. In particular, if there are developments that may moot any or all of the issues, this Court should be notified immediately. [11364018] [19-16102, 19-16299, 19-16336, 19-16300] (AF) [Entered: 07/15/2019 04:23 PM] |
| Filing 77 Filed (ECF) Appellants Mark T. Esper, Kevin K. McAleenan, Steven Terner Mnuchin and Donald J. Trump in 19-16300, 19-16102 Unopposed Motion to consolidate cases 19-16102, 19-16300, 19-16299, 19-16336, Motion for miscellaneous relief [Establish briefing schedule]. Date of service: 07/08/2019. [11357245] [19-16300, 19-16102] (Byron, H. Thomas) [Entered: 07/08/2019 06:23 PM] |
Filing 76
Filed Order for PUBLICATION (RICHARD R. CLIFTON, N. RANDY SMITH and MICHELLE T. FRIEDLAND) Order by Judges Clifton and Friedland Dissent by Judge N.R. Smith. [SEE ORDER FOR FULL TEXT] Motion for stay DENIED. [11354254] [19-16102, 19-16300]--[Edited: Updated docket text and attached corrected PDF of order (font correction). 07/03/2019 by SLM] (MM) [Entered: 07/03/2019 03:45 PM]
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| Filing 75 Filed order (RICHARD R. CLIFTON, N. RANDY SMITH and MICHELLE T. FRIEDLAND): The motion to consolidate appeal Nos. 19-16102 and 19-16300 is granted. We defer resolution of the request to consolidate appeal No. 19-16299, which will be addressed by separate order. Briefing is stayed in these appeals pending further order. [11353399] [19-16102, 19-16300, 19-16299] (AF) [Entered: 07/03/2019 10:20 AM] |
| Filing 74 Appellant Patrick Shanahan in 19-16102 substituted by Appellant Mark T. Esper in 19-16102 [11352604] (SLM) [Entered: 07/02/2019 03:28 PM] |
| Filing 73 Filed (ECF) Appellants Kevin K. McAleenan, Steven Terner Mnuchin, Patrick Shanahan and Donald J. Trump Correspondence: Informing the court that the district court entered a permanent injunction and final judgment under Rule 54(b), which the government has appealed.. Date of service: 06/29/2019 [11349505] [19-16102] (Byron, H. Thomas) [Entered: 06/29/2019 10:07 AM] |
| Filing 72 Filed clerk order: The supplemental brief [ # 71 ] submitted by Sierra Club and Southern Border Communities Coalition is filed. No paper copies are required at this time. [11349295] (LA) [Entered: 06/28/2019 04:53 PM] |
| Filing 71 Submitted (ECF) Supplemental Brief for review. Submitted by Appellees Sierra Club and Southern Border Communities Coalition. Date of service: 06/28/2019. [11349270] [19-16102] (Ladin, Dror) [Entered: 06/28/2019 04:41 PM] |
| Filing 70 Filed clerk order: The supplemental brief [ # 69 ] submitted by appellants is filed. No paper copies are required at this time. [11346433] (LA) [Entered: 06/27/2019 09:12 AM] |
| Filing 69 Submitted (ECF) Supplemental Brief for review. Submitted by Appellants Kevin K. McAleenan, Steven Terner Mnuchin, Patrick Shanahan and Donald J. Trump. Date of service: 06/27/2019. [11346418]--[COURT ENTERED FILING to replace incorrect entry [68].] (LA) [Entered: 06/27/2019 09:07 AM] |
| Filing 68 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 69 ]. Original Text: Filed (ECF) Appellants Donald J. Trump, Patrick Shanahan, Steven Terner Mnuchin and Kevin K. McAleenan response to Court order dated 06/24/2019. Date of service: 06/27/2019. [11346380] [19-16102] (Dixon, Courtney) [Entered: 06/27/2019 08:52 AM] |
| Filing 67 Filed order (RICHARD R. CLIFTON, N. RANDY SMITH and MICHELLE T. FRIEDLAND): Having heard argument on the Governments stay motion, the court is endeavoring to issue a decision before the July 4th holiday. Many issues arose at oral argument, however, that were not briefed by the parties. It would assist the court to have briefing from the parties on: (1) whether Plaintiffs have an equitable or constitutional cause of action for violation of the Appropriations Clause, and how Dalton v. Specter, 511 U.S. 462 (1994), bears on this question; and (2) whether Plaintiffs cause of action should be treated as an APA claim, and, if so, whether it succeeds. The parties should also address whether the answer to question 2 affects the answer to question 1. The Governments brief is due Thursday, June 27, 2019, at 9:00 am Pacific. The Plaintiffs brief is due Friday, June 28, 2019, at 5:00 pm Pacific. The briefs shall not exceed 8000 words. [11342672] (AF) [Entered: 06/24/2019 03:32 PM] |
| Filing 66 Filed order (RICHARD R. CLIFTON, N. RANDY SMITH and MICHELLE T. FRIEDLAND): The unopposed motion to hold briefing in abeyance (Docket Entry No. [ # 65 ]) is granted. [11342652] (AF) [Entered: 06/24/2019 03:27 PM] |
| Filing 65 Filed (ECF) Appellants Kevin K. McAleenan, Steven Terner Mnuchin, Patrick Shanahan and Donald J. Trump Unopposed Motion for miscellaneous relief [Hold Briefing In Abeyance]. Date of service: 06/24/2019. [11342118] [19-16102] (Byron, H. Thomas) [Entered: 06/24/2019 12:16 PM] |
| Filing 64 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [11339875] (SVG) [Entered: 06/20/2019 05:11 PM] |
| Filing 63 ARGUED AND SUBMITTED TO RICHARD R. CLIFTON, N. RANDY SMITH and MICHELLE T. FRIEDLAND. [11339874] (SVG) [Entered: 06/20/2019 05:08 PM] |
| Filing 62 Filed order (RICHARD R. CLIFTON, N. RANDY SMITH and MICHELLE T. FRIEDLAND) At oral argument on Thursday, June 20, the parties shall be prepared to discuss whether, if the reprogramming of funds did not comport with section 8005, Plaintiffs cause of action is properly understood as an equitable cause of action to enjoin a constitutional violation (e.g., a violation of the Appropriations Clause of Article I or an executive action that exceeds powers granted in Article II), a statutory cause of action, or both. Additionally, the parties shall be prepared to discuss whether there is a zone of interests requirement for the proper cause or causes of action. Finally, the parties should be prepared to discuss whether this is a political question of a sort that is not justiciable. [11336378] (OC) [Entered: 06/18/2019 04:38 PM] |
| Filing 61 Filed (ECF) Appellants Kevin K. McAleenan, Steven Terner Mnuchin, Patrick Shanahan and Donald J. Trump reply to response (). Date of service: 06/14/2019. [11331976] [19-16102] (Dixon, Courtney) [Entered: 06/14/2019 01:15 PM] |
| Filing 60 Added attorney Courtney Dixon for Donald J. Trump Kevin K. McAleenan Steven Terner Mnuchin Patrick Shanahan, in case 19-16102. [11331089] (CW) [Entered: 06/14/2019 07:20 AM] |
| Filing 59 Filed (ECF) notice of appearance of Courtney L. Dixon for Appellants Kevin K. McAleenan, Steven Terner Mnuchin, Patrick Shanahan and Donald J. Trump. Date of service: 06/14/2019. (Party previously proceeding without counsel: No) [11331081] [19-16102] (Dixon, Courtney) [Entered: 06/14/2019 07:14 AM] |
| Filing 58 Filed (ECF) Acknowledgment of hearing notice by Attorney James Burnham for Appellants Kevin K. McAleenan, Steven Terner Mnuchin, Patrick Shanahan and Donald J. Trump. Hearing in San Francisco on 06/20/2019 at 2:00 P.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 06/13/2019. [11330633] [19-16102] (Burnham, James) [Entered: 06/13/2019 03:36 PM] |
| Filing 57 Added attorney Kristin Ann Shapiro for U.S. House of Representatives, in case 19-16102. [11330430] (CW) [Entered: 06/13/2019 02:45 PM] |
| Filing 56 Filed (ECF) notice of appearance of Kristin A. Shapiro for Amicus Curiae U.S. House of Representatives. Date of service: 06/13/2019. (Party previously proceeding without counsel: No) [11330325] [19-16102] (Shapiro, Kristin) [Entered: 06/13/2019 02:21 PM] |
| Filing 55 Added attorney Megan Barbero for U.S. House of Representatives, in case 19-16102. [11330323] (CW) [Entered: 06/13/2019 02:21 PM] |
| Filing 54 Filed (ECF) notice of appearance of Megan Barbero for Amicus Curiae U.S. House of Representatives. Date of service: 06/13/2019. (Party previously proceeding without counsel: No) [11330309] [19-16102] (Barbero, Megan) [Entered: 06/13/2019 02:17 PM] |
| Filing 53 Added attorney James Burnham for Donald J. Trump Kevin K. McAleenan Steven Terner Mnuchin Patrick Shanahan, in case 19-16102. [11330171] (CW) [Entered: 06/13/2019 01:31 PM] |
| Filing 52 Added attorney Dean W. Baxtresser, Kyle Jefcoat for SLSCO Ltd., in case 19-16102. [11330162] (CW) [Entered: 06/13/2019 01:29 PM] |
| Filing 51 Filed (ECF) notice of appearance of Dean W. Baxtresser for Amicus Curiae SLSCO Ltd.. Date of service: 06/13/2019. (Party previously proceeding without counsel: No) [11330101] [19-16102] (Baxtresser, Dean) [Entered: 06/13/2019 01:03 PM] |
| Filing 50 Filed (ECF) notice of appearance of Kyle R. Jefcoat for Amicus Curiae SLSCO Ltd.. Date of service: 06/13/2019. (Party previously proceeding without counsel: No) [11330092] [19-16102] (Jefcoat, Kyle) [Entered: 06/13/2019 12:54 PM] |
| Filing 49 Filed (ECF) notice of appearance of James Mahoney Burnham for Appellants Kevin K. McAleenan, Steven Terner Mnuchin, Patrick Shanahan and Donald J. Trump. Date of service: 06/13/2019. (Party previously proceeding without counsel: No) [11330021] [19-16102] (Burnham, James) [Entered: 06/13/2019 12:14 PM] |
| Filing 48 Added attorney Douglas Neal Letter for U.S. House of Representatives, in case 19-16102. [11329380] (CW) [Entered: 06/13/2019 06:50 AM] |
| Filing 47 Filed (ECF) notice of appearance of Douglas N. Letter for Amicus Curiae U.S. House of Representatives. Date of service: 06/13/2019. (Party previously proceeding without counsel: No) [11329371] [19-16102] (Letter, Douglas) [Entered: 06/13/2019 06:39 AM] |
| Filing 46 Filed clerk order: The amicus brief [ # 36 ] submitted by Former U.S. Government Officials is filed. No paper copies are required at this time. [11329320] (LA) [Entered: 06/12/2019 06:34 PM] |
| Filing 45 Filed clerk order: The amicus brief [ # 33 ] submitted by U.S. House of Representatives is filed. No paper copies are required at this time. [11329319] (LA) [Entered: 06/12/2019 06:33 PM] |
| Filing 44 Filed order (RICHARD R. CLIFTON, N. RANDY SMITH and MICHELLE T. FRIEDLAND): The motions 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 (Docket Entry Nos. [ # 33 ]-1, [ # 36 ]-1) are granted. The Clerk shall file the amicus briefs submitted at Docket Entry Nos. [ # 33 ]-2 and [ # 36 ]-2. [11328588] (AF) [Entered: 06/12/2019 01:27 PM] |
| Filing 43 Filed (ECF) Errata to Amicus Brief ([ # 37 ] Brief Submitted for Review (ECF Filing)). Filed by Amici Curiae 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 Massachusetts, Attorney General Dana Nessel on behalf of the People of Michigan, 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 Virginia and State of Wisconsin. Date of service: 06/12/2019. [11328197] [19-16102]--[COURT UPDATE: Attached corrected exhibit, updated docket text to include all filing parties. 06/12/2019 by LA] (Zahradka, James) [Entered: 06/12/2019 11:19 AM] |
| Filing 42 Filed (ECF) Errata to Amicus Brief ([ # 29 ] Brief Submitted for Review (ECF Filing)). Filed by Amicus Curiae Former Members of Congress. Date of service: 06/11/2019. [11327595] [19-16102]--[COURT UPDATE: Attached corrected pdf. 06/11/2019 by LA] (Winthrop, Douglas) [Entered: 06/11/2019 04:52 PM] |
| Filing 41 Filed clerk order: The amicus brief [ # 37 ] submitted by 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 Massachusetts, Attorney General Dana Nessel on behalf of the People of Michigan, 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 Virginia and State of Wisconsin is filed. No paper copies are required at this time. [11327533] (LA) [Entered: 06/11/2019 04:40 PM] |
| Filing 40 Amicus Curiae State of Michigan substituted by Amicus Curiae Attorney General Dana Nessel in 19-16102. [11327512] (LA) [Entered: 06/11/2019 04:36 PM] |
| Filing 39 Filed (ECF) Appellees Sierra Club and Southern Border Communities Coalition response opposing motion ([ # 7 ] Motion (ECF Filing), [ # 7 ] Motion (ECF Filing)). Date of service: 06/11/2019. [11327474] [19-16102] (Ladin, Dror) [Entered: 06/11/2019 04:25 PM] |
| Filing 38 Entered appearance of Amicus Curiae - Pending Former U.S. Government Officials. [11327468] (LA) [Entered: 06/11/2019 04:23 PM] |
| Filing 37 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by STATES OF CALIFORNIA, COLORADO, CONNECTICUT, DELAWARE, HAWAII, ILLINOIS, MAINE, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEVADA, NEW JERSEY, NEW MEXICO, NEW YORK, OREGON, RHODE ISLAND, VERMONT, VIRGINIA, AND WISCONSIN. Date of service: 06/11/2019. [11327400] [19-16102]--[COURT UPDATE: Attached consolidated pdf. 06/11/2019 by LA] (Zahradka, James) [Entered: 06/11/2019 03:56 PM] |
| Filing 36 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Former U.S. Government Officials. Date of service: 06/11/2019. [11327391] [19-16102] (Hartnett, Kathleen) [Entered: 06/11/2019 03:54 PM] |
| Filing 35 Filed clerk order: The amicus brief [ # 32 ] submitted by Federal Courts Scholars is filed. No paper copies are required at this time. [11327122] (LA) [Entered: 06/11/2019 02:39 PM] |
| Filing 34 Entered appearance of Amicus Curiae Federal Courts Scholars, Amicus Curiae - Pending U.S. House of Representatives. [11327119] (LA) [Entered: 06/11/2019 02:38 PM] |
| Filing 33 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by U.S. House of Representatives. Date of service: 06/11/2019. [11326908] [19-16102] (Letter, Douglas) [Entered: 06/11/2019 01:29 PM] |
| Filing 32 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Federal Courts Scholars. Date of service: 06/11/2019. [11326807] [19-16102] (Wydra, Elizabeth) [Entered: 06/11/2019 12:38 PM] |
| Filing 31 Filed clerk order: The amicus brief [ # 29 ] submitted by Former Members of Congress is filed. No paper copies are required at this time. [11326612] (LA) [Entered: 06/11/2019 11:25 AM] |
| Filing 30 Entered appearance of Amicus Curiae Former Members of Congress. [11326605] (LA) [Entered: 06/11/2019 11:24 AM] |
| Filing 29 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Former Members of Congress. Date of service: 06/11/2019. [11326462] [19-16102] (Winthrop, Douglas) [Entered: 06/11/2019 10:45 AM] |
| Filing 28 Filed clerk order: U.S. Representative Andy Barrs errata [25] and the corrected amicus brief attached to it are stricken as unnecessary. U.S. Representative Andy Barrs initial amicus brief [ # 16 ] has already been filed. [11326403] (LA) [Entered: 06/11/2019 10:23 AM] |
| Filing 27 Filed clerk order: The amicus brief [ # 16 ] submitted by U.S. Representative Andy Barr is filed. No paper copies are required at this time. [11326383] (LA) [Entered: 06/11/2019 10:15 AM] |
| Filing 26 Filed order (RICHARD R. CLIFTON, N. RANDY SMITH and MICHELLE T. FRIEDLAND) The motion of Representative Andy Barr for leave to file an amicus brief in support of appellants emergency stay motion (Docket Entry No. [ # 16 ]-1) is granted. The Clerk shall file the amicus brief submitted at Docket Entry No. [ # 16 ]-2. [11326073] (WL) [Entered: 06/11/2019 08:38 AM] |
| Filing 25 STRICKEN PER ORDER [ # 28 ]. Filed (ECF) Errata to Amicus Brief ([ # 16 ] Brief Submitted for Review (ECF Filing), [ # 16 ] Motion (ECF Filing), [ # 16 ] Motion (ECF Filing)). Filed by Amicus Curiae - Pending Andy Barr. Date of service: 06/10/2019. [11325915] [19-16102] (Joseph, Lawrence) [Entered: 06/10/2019 11:46 PM] |
| Filing 24 Filed clerk order: The amicus brief [ # 20 ] submitted by SLSCO Ltd. is filed. No paper copies are required at this time. [11325845] (LA) [Entered: 06/10/2019 06:02 PM] |
| Filing 23 Filed clerk order: The amicus brief [ # 17 ] submitted by American Center for Law and Justice is filed. No paper copies are required at this time. [11325826] (LA) [Entered: 06/10/2019 05:39 PM] |
| Filing 22 Entered appearance of Amici Curiae American Center for Law and Justice and SLSCO Ltd., Amicus Curiae - Pending Andy Barr. [11325821] (LA) [Entered: 06/10/2019 05:34 PM] |
| Filing 21 Filed (ECF) Acknowledgment of hearing notice by Attorney Lee I. Sherman for Amicus Curiae State of California. Hearing in San Francisco on 06/20/2019 at 2:00 P.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 10.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 06/10/2019. [11325818] [19-16102] (Sherman, Lee) [Entered: 06/10/2019 05:22 PM] |
| Filing 20 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by SLSCO Ltd.. Date of service: 06/10/2019. [11325754] [19-16102] (Garre, Gregory) [Entered: 06/10/2019 04:29 PM] |
| Filing 19 Added attorney Lee I. Sherman for Amicus Curiae State of California, in case 19-16102. [11325662] (HH) [Entered: 06/10/2019 04:00 PM] |
| Filing 18 Filed (ECF) notice of appearance of Lee I. Sherman for Amicus Curiae State of California. Date of service: 06/10/2019. (Party previously proceeding without counsel: No) [11325626] [19-16102] (Sherman, Lee) [Entered: 06/10/2019 03:51 PM] |
| Filing 17 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by American Center for Law and Justice. Date of service: 06/06/2019. [11325419] [19-16102] (Sisney, Benjamin) [Entered: 06/10/2019 02:37 PM] |
| Filing 16 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by U.S. Rep. Andy Barr. Date of service: 06/10/2019. [11325410] [19-16102] (Joseph, Lawrence) [Entered: 06/10/2019 02:33 PM] |
| Filing 15 Filed (ECF) Acknowledgment of hearing notice by Attorney Dror Ladin for Appellees Sierra Club and Southern Border Communities Coalition. Hearing in San Francisco on 06/20/2019 at 2:00 P.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 06/10/2019. [11325213] [19-16102] (Ladin, Dror) [Entered: 06/10/2019 01:43 PM] |
| Filing 14 [resend to include newly added parties ]Notice of Oral Argument on Thursday, June 20, 2020 - 2:00 P.M. - Courtroom 1 - San Francisco CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Thursday, June 20, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [11323932] (AW) [Entered: 06/07/2019 03:54 PM] |
| Filing 13 Entered appearance of Amici Curiae 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 Massachusetts, State of Michigan, 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 Virginia and State of Wisconsin. [11323917] (LA) [Entered: 06/07/2019 03:48 PM] |
| Filing 12 Notice of Oral Argument on Thursday, June 20, 2019 - 2:00 P.M. - Courtroom 1 - San Francisco CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Thursday, June 20, 2019. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11323890] (AW) [Entered: 06/07/2019 03:38 PM] |
| Filing 11 Filed order (RICHARD R. CLIFTON, N. RANDY SMITH and MICHELLE T. FRIEDLAND): The court has received the parties joint proposed schedule for filings concerning appellants emergency stay motion. Any amicus filings supporting the emergency stay motion are due by 5:00 p.m. Pacific Time on Monday, June 10, 2019. Appellees opposition to the emergency stay motion and any amicus filings opposing the emergency stay motion are due by 5:00 p.m. Pacific Time on Tuesday, June 11, 2019. The plaintiffs in case No. 4:19-cv-00872-HSG pending in the United States District Court for the Northern District of California (the State Plaintiffs) may submit an amicus filing of up to 4,200 words opposing the emergency stay motion. Any other amici may submit filings of up to 3,500 words regarding the emergency stay motion. Appellants request for leave to file a reply of up to 3,500 words in support of the emergency stay motion is granted. The reply is due by 2:00 p.m. Pacific Time on Friday, June 14, 2019. The court will hold oral argument on the emergency stay motion at 2:00 p.m. Pacific Time on Thursday, June 20, 2019, in San Francisco, California. Appellants will be allotted 20 minutes of argument time. Appellees will be allotted 20 minutes of argument time. The State Plaintiffs request to participate in oral argument is granted. The State Plaintiffs will be allotted 10 minutes of argument time. Appellants will be allotted an additional 10 minutes of rebuttal time. [11323771] (AF) [Entered: 06/07/2019 02:50 PM] |
| Filing 10 Submitted (ECF) STATES OF CALIFORNIA, COLORADO, CONNECTICUT, DELAWARE, HAWAII, ILLINOIS, MAINE, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEVADA, NEW JERSEY, NEW MEXICO, NEW YORK, OREGON, RHODE ISLAND, VERMONT, VIRGINIA, AND WISCONSIN Correspondence: response to 06/05/2019 order. Date of service: 06/06/2019. [11322579] [19-16102]--[COURT UPDATE: Updated docket text to reflect content of filing. 06/06/2019 by SLM] (Zahradka, James) [Entered: 06/06/2019 03:28 PM] |
| Filing 9 Filed (ECF) Appellants Kevin K. McAleenan, Steven Terner Mnuchin, Patrick Shanahan and Donald J. Trump Correspondence: Joint Proposed Schedule. Date of service: 06/06/2019 [11322571] [19-16102] (Byron, H. Thomas) [Entered: 06/06/2019 03:25 PM] |
| Filing 8 Filed order (RICHARD R. CLIFTON, N. RANDY SMITH and MICHELLE T. FRIEDLAND): The court has received appellants emergency motion for a stay pending appeal. The court will hold oral argument on the motion on the afternoon of Thursday, June 20, 2019, in San Francisco, California, at a specific time to be set by further order. No later than 5:00 p.m. Pacific Time on June 6, 2019, the parties to this appeal shall propose a schedule for the filing of the opposition to the emergency stay motion, the reply in support of the emergency stay motion, and any amicus filings addressing the stay motion. In proposing the schedule, the parties shall confer with counsel for the plaintiffs in case No. 4:19-cv-00872-HSG pending in the United States District Court for the Northern District of California (the State Plaintiffs). In the interest of avoiding duplicative proceedings, also no later than 5:00 p.m. Pacific Time on June 6, 2019, the State Plaintiffs shall inform this court in writing: (1) what effect this appeal/motion may have on their case; and (2) whether they intend to participate in this appeal, and, if so, in what capacity. The Clerk shall serve a copy of this order on Lee Isaac Sherman and James F. Zahradka, II, counsel for the State Plaintiffs. [11321058] (AF) [Entered: 06/05/2019 03:38 PM] |
| Filing 7 Filed (ECF) Appellants Kevin K. McAleenan, Steven Terner Mnuchin, Patrick Shanahan and Donald J. Trump EMERGENCY Motion to stay lower court action. Date of service: 06/03/2019. [11318213] [19-16102] (Murphy, Anne) [Entered: 06/03/2019 10:03 PM] |
| Filing 6 Filed clerk order (Deputy Clerk: AT): The appeal filed May 29, 2019 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than June 26, 2019; the answering brief is due July 24, 2019 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). 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. See 9th Cir. R. 42-1. [11317423] (AF) [Entered: 06/03/2019 01:32 PM] |
| Filing 5 Added attorney Anne Murphy for Donald J. Trump Kevin K. McAleenan Steven Terner Mnuchin Patrick Shanahan, in case 19-16102. [11316547] (CW) [Entered: 06/03/2019 07:09 AM] |
| Filing 4 Filed (ECF) notice of appearance of Anne Murphy for Appellants Kevin K. McAleenan, Steven Terner Mnuchin, Patrick Shanahan and Donald J. Trump. Date of service: 05/31/2019. (Party previously proceeding without counsel: No) [11316308] [19-16102] (Murphy, Anne) [Entered: 05/31/2019 05:23 PM] |
| Filing 3 Added attorney H. Thomas Byron III for Donald J. Trump Kevin K. McAleenan Steven Terner Mnuchin Patrick Shanahan, in case 19-16102. [11315566] (CW) [Entered: 05/31/2019 01:34 PM] |
| Filing 2 Filed (ECF) notice of appearance of H. Thomas Byron III for Appellants Kevin K. McAleenan, Steven Terner Mnuchin, Patrick Shanahan and Donald J. Trump. Date of service: 05/31/2019. (Party previously proceeding without counsel: No) [11315542] [19-16102] (Byron, H. Thomas) [Entered: 05/31/2019 01:28 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: To be set. Preliminary Injunction, C.R. 3-3. [11312098] (JBS) [Entered: 05/29/2019 01:33 PM] |
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