Sierra Club, et al v. Donald Trump, et al
| STEVEN TERNER MNUCHIN, in his official capacity as Secretary of the Treasury, DONALD J. TRUMP, in his official capacity as President of the United States, MARK T. ESPER, in his official capacity as Acting Secretary of Defense and KEVIN K. MCALEENAN, in his official capacity as Acting Secretary of Homeland Security |
| SIERRA CLUB and SOUTHERN BORDER COMMUNITIES COALITION |
| TOHONO O'ODHAM NATION, SABINE DURDEN, DON ROSENBERG, BRIAN McCANN, JUDY ZEITO, MAUREEN MULRONEY, MAUREEN LAQUERRE, DENNIS BIXBY, Angel Families, ANDY BARR, U.S. Representative, DUANE MORELY COX, ARIZONA HOUSE OF REPRESENTATIVES FEDERAL RELATIONS COMMITTEE, FEDERAL COURTS SCHOLARS, U.S. HOUSE OF REPRESENTATIVES, 75 RELIGIOUS ORGANIZATIONS, FORMER U.S. GOVERNMENT OFFICIALS, FORMER MEMBERS OF CONGRESS and ADVOCATES FOR VICTIMS OF ILLEGAL ALIEN CRIMES |
| 19-16300 |
| July 1, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on August 27, 2019. A more recent docket listing may be available from PACER.
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| Filing 79 Received 7 paper copies of Amicus Brief [ # 69 ] filed by Tohono O'odham Nation (sent to panel). [11412699] [19-16102, 19-16299, 19-16336, 19-16300] (DB) [Entered: 08/27/2019 05:03 PM] |
| Filing 78 Received 7 paper copies of Amicus Brief [ # 63 ] filed by Former U.S. Government Officials. (sent to panel) [11411117] [19-16102, 19-16299, 19-16336, 19-16300] (SD) [Entered: 08/26/2019 05:45 PM] |
| Filing 77 Received 7 paper copies of Amicus Brief [ # 31 ] filed by Arizona House of Representatives Federal Relations Committee. (sent to panel) [11410610] [19-16102, 19-16299, 19-16336, 19-16300] (SD) [Entered: 08/26/2019 02:51 PM] |
| Filing 76 Received 7 paper copies of Amicus Brief [ # 60 ] filed by Federal Courts Scholars. (sent to panel) [11410588] [19-16102, 19-16299, 19-16336, 19-16300] (SD) [Entered: 08/26/2019 02:43 PM] |
| Filing 75 Received 7 paper copies of Amicus Brief [ # 64 ] filed by 75 Religious Organizations. (sent to panel) [11410551] [19-16102, 19-16299, 19-16336, 19-16300] (SD) [Entered: 08/26/2019 02:36 PM] |
| Filing 74 Received 7 paper copies of Answering Brief [ # 39 ] filed by Sierra Club and Southern Border Communities Coalition. (sent to panel) [11410519] [19-16102, 19-16299, 19-16336, 19-16300] (SD) [Entered: 08/26/2019 02:28 PM] |
| Filing 73 Filed 4 paper copies of supplemental excerpts of record [ # 40 ] in 1 volume filed by Appellees Sierra Club and Southern Border Communities Coalition. (sent to panel) [11409849] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/26/2019 10:46 AM] |
| Filing 72 Filed (ECF) notice of appearance of Samuel Franklin Daughety (Dentons US LLP, 1900 K Street, NW, Washington, DC 20006) for Amicus Curiae Tohono O'odham Nation in 19-16102, 19-16299, 19-16300, 19-16336. Substitution for Attorney Samuel F Daughety for Amicus Curiae Tohono O'odham Nation in 19-16102, 19-16299, 19-16300, 19-16336. Date of service: 08/22/2019. (Party previously proceeding without counsel: No) [11407717] [19-16102, 19-16299, 19-16300, 19-16336] (Daughety, Samuel) [Entered: 08/22/2019 06:12 PM] |
| Filing 71 Filed clerk order: The amicus brief [ # 69 ] submitted by Tohono O'odham Nation is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11407701] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/22/2019 05:45 PM] |
| Filing 70 Entered appearance of Amicus Curiae Tohono O'odham Nation. [11407700] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/22/2019 05:43 PM] |
| Filing 69 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by AMICUS BRIEF OF TOHONO OODHAM NATION IN SUPPORT OF PLAINTIFFS-APPELLEES. Date of service: 08/22/2019. [11407677] [19-16102, 19-16299, 19-16300, 19-16336] (Daughety, Samuel) [Entered: 08/22/2019 05:27 PM] |
| Filing 68 Filed clerk order: The amicus brief [ # 63 ] submitted by Former U.S. Government Officials is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11407661] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/22/2019 05:08 PM] |
| Filing 67 Filed clerk order: The amicus brief [ # 64 ] submitted by 75 Religious Organizations is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11407454] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/22/2019 03:46 PM] |
| Filing 66 Entered appearance of Amicus Curiae 75 Religious Organizations in 19-16102, 19-16299, 19-16300, and 19-16336. [11407453] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/22/2019 03:45 PM] |
| Filing 65 Entered appearance of Amicus Curiae Former U.S. Government Officials in 19-16299, 19-16300, and 19-16336. [11407417] [19-16299, 19-16336, 19-16300] (LA) [Entered: 08/22/2019 03:35 PM] |
| Filing 64 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by 75 Religious Organizations. Date of service: 08/22/2019. [11407337] [19-16102, 19-16299, 19-16300, 19-16336] (Zalesin, Steven) [Entered: 08/22/2019 03:03 PM] |
| Filing 63 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Former U.S. Government Officials. Date of service: 08/22/2019. [11407298] [19-16102, 19-16299, 19-16300, 19-16336]--[COURT UPDATE: Attached corrected PDF of brief, removed unnecessary motion, updated docket text to reflect content of filing. 08/22/2019 by LA] (Hartnett, Kathleen) [Entered: 08/22/2019 02:56 PM] |
| Filing 62 Filed clerk order: The amicus brief [ # 60 ] submitted by Federal Courts Scholars is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11407085] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/22/2019 02:06 PM] |
| Filing 61 Entered appearance of Amicus Curiae Federal Courts Scholars in 19-16299, 19-16300, and 19-16336. [11407080] [19-16299, 19-16336, 19-16300] (LA) [Entered: 08/22/2019 02:05 PM] |
| Filing 60 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Federal Courts Scholars. Date of service: 08/22/2019. [11406944] [19-16102, 19-16299, 19-16300, 19-16336] (Wydra, Elizabeth) [Entered: 08/22/2019 12:47 PM] |
| Filing 59 Received 7 paper copies of Amicus Brief [ # 53 ] filed by Former Members of Congress. [11406062] [19-16102, 19-16299, 19-16336, 19-16300] (SD) [Entered: 08/21/2019 04:50 PM] |
| Filing 58 Received 7 paper copies of Second Brief on Cross-Appeal [ # 41 ] filed by Appellees/Cross-Appellants State of California and State of New Mexico. [11406030] [19-16102, 19-16299, 19-16336, 19-16300] (SD) [Entered: 08/21/2019 04:38 PM] |
| Filing 57 Filed 4 paper copies of supplemental excerpts of record [ # 42 ] in 2 volume(s) filed by Appellees/Cross-Appellants State of California and State of New Mexico. (sent to panel) [11405939] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/21/2019 04:01 PM] |
| Filing 56 Received 7 paper copies of Amicus Brief [ # 49 ] filed by U.S. House of Representatives. [11405177] [19-16102, 19-16299, 19-16336, 19-16300] (SD) [Entered: 08/21/2019 11:25 AM] |
| Filing 55 Filed clerk order: The amicus brief [ # 53 ] submitted by Former Members of Congress is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11404280] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/20/2019 04:03 PM] |
| Filing 54 Entered appearance of Amicus Curiae Former Members of Congress in 19-16299, 19-16300, and 19-16336. [11404275] [19-16299, 19-16336, 19-16300] (LA) [Entered: 08/20/2019 04:02 PM] |
| Filing 53 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Former Members of Congress. Date of service: 08/20/2019. [11404163] [19-16102, 19-16299, 19-16300, 19-16336] (Winthrop, Douglas) [Entered: 08/20/2019 03:10 PM] |
| Filing 52 Received Appellees Sierra Club and Southern Border Communities Coalition supplemental excerpts of record [ # 40 ] in 1 volumes. Deficiencies: excerpts do not match the electronic version, excerpts of record pages are double-sided. Notified counsel (See attached notice). [11404016] [19-16102, 19-16299, 19-16336, 19-16300] (KWG) [Entered: 08/20/2019 02:15 PM] |
| Filing 51 Filed clerk order: The amicus brief [ # 49 ] submitted by U.S. House of Representatives is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11402662] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/19/2019 04:12 PM] |
| Filing 50 Entered appearance of Amicus Curiae U.S. House of Representatives in 19-16299, 19-16300, and 19-16336. [11402653] [19-16299, 19-16336, 19-16300] (LA) [Entered: 08/19/2019 04:10 PM] |
| Filing 49 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by U.S. House of Representatives. Date of service: 08/19/2019. [11402597] [19-16102, 19-16299, 19-16300, 19-16336] (Letter, Douglas) [Entered: 08/19/2019 03:52 PM] |
| Filing 48 Added Attorney(s) Carter Glasgow Phillips, Joseph R. Guerra, Virginia A. Seitz for party(s) Amicus Curiae U.S. House of Representatives, in case 19-16102. [11402325] [19-16102, 19-16299, 19-16336, 19-16300] (CW) [Entered: 08/19/2019 02:35 PM] |
| Filing 47 Filed (ECF) notice of appearance of Virginia A. Seitz (Sidley Austin LLP, 1501 K Street NW, Washington, DC 20005) for Amicus Curiae U.S. House of Representatives in 19-16102. Date of service: 08/19/2019. (Party previously proceeding without counsel: No) [11402283] [19-16102, 19-16299, 19-16300, 19-16336] (Seitz, Virginia) [Entered: 08/19/2019 02:26 PM] |
| Filing 46 Filed (ECF) notice of appearance of Joseph R. Guerra (Sidley Austin LLP, 1501 K Street, NW, Washington DC 20005) for Amicus Curiae U.S. House of Representatives in 19-16102. Date of service: 08/19/2019. (Party previously proceeding without counsel: No) [11402273] [19-16102, 19-16299, 19-16300, 19-16336] (Guerra, Joseph) [Entered: 08/19/2019 02:23 PM] |
| Filing 45 Filed (ECF) notice of appearance of Carter Glasgow Phillips (Sidley Austin LLP, 1501 K Street, NW, Washington, DC 20005) for Amicus Curiae U.S. House of Representatives in 19-16102. Date of service: 08/19/2019. (Party previously proceeding without counsel: No) [11402257] [19-16102, 19-16299, 19-16300, 19-16336] (Phillips, Carter) [Entered: 08/19/2019 02:18 PM] |
| Filing 44 Filed clerk order: The second brief on cross-appeal [ # 41 ] submitted by State of California and State of New Mexico is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The Court has reviewed the supplemental excerpts of record [ # 42 ] submitted by State of California and State of New Mexico. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11399715] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/16/2019 10:40 AM] |
| Filing 43 Filed clerk order: The answering brief [ # 39 ] submitted by Sierra Club and Southern Border Communities Coalition is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The Court has reviewed the supplemental excerpts of record [ # 40 ] submitted by Sierra Club and Southern Border Communities Coalition. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11399708] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/16/2019 10:37 AM] |
| Filing 42 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees State of California and State of New Mexico in 19-16299. Date of service: 08/15/2019. [11399244] [19-16299, 19-16102, 19-16300, 19-16336] (Zahradka, James) [Entered: 08/15/2019 08:51 PM] |
| Filing 41 Submitted (ECF) Second Brief on Cross-Appeal for review. Submitted by Appellees State of California and State of New Mexico in 19-16299, Appellants State of California and State of New Mexico in 19-16336. Date of service: 08/15/2019. [11399243] [19-16299, 19-16102, 19-16300, 19-16336]--[COURT UPDATE: Updated docket text to reflect correct brief type and all party filers. 08/16/2019 by LA] (Zahradka, James) [Entered: 08/15/2019 08:48 PM] |
| Filing 40 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Sierra Club and Southern Border Communities Coalition in 19-16102, 19-16300. Date of service: 08/15/2019. [11399237] [19-16102, 19-16299, 19-16300, 19-16336] (Ladin, Dror) [Entered: 08/15/2019 07:11 PM] |
| Filing 39 Submitted (ECF) Answering Brief for review. Submitted by Appellees Sierra Club and Southern Border Communities Coalition in 19-16102, 19-16300. Date of service: 08/15/2019. [11399236] [19-16102, 19-16299, 19-16300, 19-16336] (Ladin, Dror) [Entered: 08/15/2019 07:08 PM] |
| Filing 38 Received 7 paper copies of Amicus Brief [ # 27 ] filed by U.S. Representative Andy Barr. [11395967] [19-16102, 19-16299, 19-16336, 19-16300] (SD) [Entered: 08/13/2019 01:40 PM] |
| Filing 37 Received 7 paper copies of Amicus Brief [ # 34 ] filed by Angel Families Sabine Durden, et al. and Advocates for Victims of Illegal Alien Crimes. [11394371] [19-16102, 19-16299, 19-16336, 19-16300] (SD) [Entered: 08/12/2019 01:24 PM] |
| Filing 36 Filed clerk order: The amicus brief [ # 34 ] submitted by Angel Families Sabine Durden, et al. and Advocates for Victims of Illegal Alien Crimes is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11391606] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/08/2019 02:56 PM] |
| Filing 35 Entered appearance of Amici Curiae Sabine Durden, et al. and Advocates for Victims of Illegal Alien Crimes. [11391586] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/08/2019 02:49 PM] |
| Filing 34 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Angel Families, Sabine Durden, Don Rosenberg, Boni Driskill, Brian McCann, Judy Zeito, Maureen Mulroney, Maureen Laquerre, Dennis Bixby, and Advocates for Victims of Illegal Alien Crimes. Date of service: 08/07/2019. [11390622] [19-16102, 19-16299, 19-16300, 19-16336]--[COURT UPDATE: Attached corrected PDF. 08/08/2019 by LA] (Hutchison, Richard) [Entered: 08/07/2019 07:06 PM] |
| Filing 33 Filed clerk order: The amicus brief [ # 31 ] submitted by Arizona House of Representatives Federal Relations Committee is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11390587] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/07/2019 05:31 PM] |
| Filing 32 Entered appearance of Amicus Curiae Arizona House of Representatives Federal Relations Committee. [11390586] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/07/2019 05:30 PM] |
| Filing 31 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brief of Amicus Curiae State of Arizona House of Representatives Federal Relations Committee in Support of Defendants-Appellants. Date of service: 08/07/2019. [11390572] [19-16102, 19-16299, 19-16300, 19-16336] (Howard, John) [Entered: 08/07/2019 05:06 PM] |
| Filing 30 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 34 ]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Angel Families: Sabine Durden, Don Rosenberg, Brian McCann, Judy Zeito, Maureen Mulroney, Maureen Laquerre, Dinnis Bixby, and Advocates for Victims of Illegal Alien Crimes. Date of service: 08/07/2019. [11390476] [19-16102, 19-16300] (Hutchison, Richard) [Entered: 08/07/2019 04:10 PM] |
| Filing 29 Filed clerk order: The amicus brief [ # 27 ] submitted by U.S. Representative Andy Barr is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11390126] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/07/2019 01:59 PM] |
| Filing 28 Entered appearance of Amicus Curiae Andy Barr in 19-16299, 19-16300, and 19-16336. [11390123] [19-16299, 19-16336, 19-16300] (LA) [Entered: 08/07/2019 01:58 PM] |
| Filing 27 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Rep. Andy Barr. Date of service: 08/07/2019. [11389953] [19-16102, 19-16299, 19-16300, 19-16336] (Joseph, Lawrence) [Entered: 08/07/2019 12:30 PM] |
| Filing 26 Filed clerk order (Deputy Clerk: SM): The motion of Duane Morely Cox (Docket Entry No. [ # 22 ]) to file an amicus brief, and any responses thereto, are referred to the panel that will consider the merits of these cases. The previously established briefing schedule remains in place. [11388752] [19-16102, 19-16299, 19-16336, 19-16300] (AF) [Entered: 08/06/2019 01:13 PM] |
| Filing 25 Received 7 paper copies of First Brief on Cross-Appeal [ # 15 ] filed by appellants/cross-appellees. [11387803] [19-16102, 19-16299, 19-16336, 19-16300] (SD) [Entered: 08/05/2019 04:44 PM] |
| Filing 24 Received notice of appearance for Amicus Curiae - Pending Duane Morely Cox. [11387614] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/05/2019 03:45 PM] |
| Filing 23 Received original and 0 copies of Amicus Curiae - Pending Duane Morely Cox' proposed amicus brief of 16 pages. Served on 07/30/2019. Major deficiency: motion to file amicus brief pending. [11387605] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/05/2019 03:42 PM] |
| Filing 22 Filed Amicus Curiae - Pending Duane Morely Cox' motion to file amicus curiae brief. Deficiencies: None. Served on 07/30/2019. [11387589] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/05/2019 03:37 PM] |
| Filing 21 Filed 4 paper copies of excerpts of record [ # 16 ] in 3 volumes filed by appellants/cross-appellees. [11386645] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/05/2019 10:26 AM] |
| Filing 20 Filed order (RICHARD R. CLIFTON, N. RANDY SMITH and MICHELLE T. FRIEDLAND): The unopposed motion to expedite (Docket Entry No. [ # 14 ] in 19-16102) is granted in part. The request for an expedited briefing schedule is granted. Defendants opening brief has been filed. Sierra Club Case plaintiffs response brief, and States Case plaintiffs response brief and opening brief on cross-appeal, are due August 15, 2019. Defendants reply brief and response brief to States Case plaintiffs cross-appeal is due August 30, 2019. States Case plaintiffs reply brief on cross-appeal is due September 13, 2019. The request for expedited calendaring is granted in part. The Clerk shall place these appeals on the calendar for November 2019. See 9th Cir. Gen Order 3.3(f). [11384808] [19-16102, 19-16299, 19-16336, 19-16300] (AF) [Entered: 08/01/2019 04:49 PM] |
| Filing 19 Filed clerk order: The first brief on cross-appeal [ # 15 ] submitted by appellants/cross-appellees is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The Court has reviewed the excerpts of record [ # 16 ] submitted by appellants/cross-appellees. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11384309] [19-16102, 19-16299, 19-16336, 19-16300] (LA) [Entered: 08/01/2019 02:01 PM] |
| Filing 18 Added Attorney(s) Steven C. Wu for party(s) Appellee State of New York, in case 19-16299 Attorney(s) Steven C. Wu for party(s) Amicus Curiae State of New York, in case 19-16102. [11383611] [19-16102, 19-16299, 19-16336, 19-16300] (CW) [Entered: 08/01/2019 07:51 AM] |
| Filing 17 Filed (ECF) notice of appearance of Steven Chiajon Wu (Office of the Attorney General of New York, 28 Liberty St., 23rd Floor, New York, NY 10005) for Amicus Curiae State of New York in 19-16102, Appellee State of New York in 19-16299. Date of service: 08/01/2019. (Party previously proceeding without counsel: No) [11383588] [19-16102, 19-16299, 19-16300, 19-16336] (Wu, Steven) [Entered: 08/01/2019 07:37 AM] |
| Filing 16 Submitted (ECF) excerpts of record. Submitted by Appellants Mark T. Esper, Kevin K. McAleenan, Steven Terner Mnuchin and Donald J. Trump in 19-16102, Appellants David Bernhardt, DOD, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven Terner Mnuchin, Richard V. Spencer, Donald J. Trump, United States Department of the Treasury, USA, USDHS, USDOI and Heather Wilson in 19-16299, 19-16300. Date of service: 07/31/2019. [11383519] [19-16102, 19-16299, 19-16300, 19-16336]--[COURT UPDATE: Attached corrected excerpts. 08/01/2019 by LA] (Murphy, Anne) [Entered: 07/31/2019 08:19 PM] |
| Filing 15 Submitted (ECF) First Brief on Cross-Appeal for review. Submitted by Appellants Mark T. Esper, Kevin K. McAleenan, Steven Terner Mnuchin and Donald J. Trump in 19-16102, Appellants David Bernhardt, DOD, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven Terner Mnuchin, Richard V. Spencer, Donald J. Trump, United States Department of the Treasury, USA, USDHS, USDOI and Heather Wilson in 19-16299, 19-16300. Date of service: 07/31/2019. [11383517] [19-16102, 19-16299, 19-16300, 19-16336]--[COURT UPDATE: Attached corrected PDF of brief, updated docket text to reflect correct brief type. 08/01/2019 by LA] (Murphy, Anne) [Entered: 07/31/2019 08:09 PM] |
| Filing 14 Filed (ECF) Appellees Sierra Club and Southern Border Communities Coalition in 19-16102, 19-16300 Unopposed Motion to expedite case. Date of service: 07/30/2019. [11380974] [19-16102, 19-16299, 19-16300, 19-16336] (Ladin, Dror) [Entered: 07/30/2019 11:13 AM] |
| Filing 13 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 12 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.[11365100][19-16300] (AD) [Entered: 07/16/2019 12:44 PM] |
| Filing 11 Filed order MEDIATION (LW): The courts order at docket entry [ # 9 ] is VACATED. [11364962] [19-16102, 19-16299, 19-16336, 19-16300] (SB) [Entered: 07/16/2019 11:46 AM] |
| Filing 10 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 9 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 8 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 7 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 6
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 5 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 4 Filed (ECF) Appellants Mark T. Esper, Kevin K. McAleenan, Steven Terner Mnuchin and Donald J. Trump EMERGENCY Motion to stay lower court action, Motion to consolidate cases 19-16102, 19-16299, 19-16300. Date of service: 07/02/2019. [11351747] [19-16300] (Byron, H. Thomas) [Entered: 07/02/2019 09:49 AM] |
| Filing 3 Added attorney H. Thomas Byron III for Mark T. Esper Donald J. Trump Kevin K. McAleenan Steven Terner Mnuchin, in case 19-16300. [11351439] (CW) [Entered: 07/02/2019 06:41 AM] |
| Filing 2 Filed (ECF) notice of appearance of H. Thomas Byron III for Appellants Mark T. Esper, Kevin K. McAleenan, Steven Terner Mnuchin and Donald J. Trump. Date of service: 07/01/2019. (Party previously proceeding without counsel: No) [11351071] [19-16300] (Byron, H. Thomas) [Entered: 07/01/2019 03:54 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 07/08/2019. Transcript ordered by 07/29/2019. Transcript due 08/28/2019. Appellants Mark T. Esper, Kevin K. McAleenan, Steven Terner Mnuchin and Donald J. Trump opening brief due 10/07/2019. Appellees Sierra Club and Southern Border Communities Coalition answering brief due 11/06/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11349978] (JBS) [Entered: 07/01/2019 09:49 AM] |
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