State of California, et al v. USDHS, et al
| DISTRICT OF COLUMBIA, STATE OF MAINE, COMMONWEALTH OF PENNSYLVANIA, STATE OF OREGON and STATE OF CALIFORNIA |
| KENNETH T. CUCCINELLI, in his official capacity as Acting Director of United States Citizenship and Immigration Services, U.S. DEPARTMENT OF HOMELAND SECURITY, a federal agency, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, a federal agency and KEVIN K. MCALEENAN, in his official capacity as Acting Secretary of the United States Department of Homeland Security |
| NATIONAL HOUSING LAW PROJECT, FOOD RESEARCH & ACTION CENTER, AMERICAN ACADEMY OF NURSING, THE CENTER FOR LAW & SOCIAL POLICY, IMMIGRANT AND HEALTHCARE SERVICE ORGANIZATIONS, AMERICAN PUBLIC HEALTH ASSOCIATION and PUBLIC HEALTH, HEALTH POLICY, MEDICINE, AND NURSING DEANS, CHAIRS, AND SCHOLARS |
| 19-17214 |
| October 31, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 44 Entered appearance of Amicus Curiae - Pending Immigrant and Healthcare Service Organizations. [11545698] (LA) [Entered: 12/27/2019 04:37 PM] |
| Filing 43 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Immigrant and Healthcare Service Organizations. Date of service: 12/27/2019. [11545556] [19-17214] (Espiritu, Nicholas) [Entered: 12/27/2019 03:21 PM] |
| Filing 41 Filed order (JAY S. BYBEE, SANDRA S. IKUTA and JOHN B. OWENS): Defendants are directed to file responses to Plaintiffs motions for reconsideration en banc filed with this court on December 19, 2019. The response shall not exceed fifteen pages or 4,200 words, and shall be filed within twenty-one (21) days of the filed date of this order. Parties who are registered for Appellate ECF must file the brief electronically without submission of paper copies. Parties who are not registered Appellate ECF filers must file the original response. [11540124] [19-17213, 19-17214, 19-35914] (AF) [Entered: 12/20/2019 01:32 PM] |
| Filing 42 Filed (ECF) Appellee State of California motion for reconsideration of non-dispositive Judge Order of 12/05/2019. Date of service: 12/19/2019. [11543731] --[COURT ENTERED FILING to correct entry [40] .] (TYL) [Entered: 12/24/2019 02:59 PM] |
| Filing 40 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 42 ]. Original Text: Filed (ECF) Appellee State of California petition for rehearing en banc (from 12/05/2019 opinion). Date of service: 12/19/2019. [11538929] [19-17214] (Rich, Anna) [Entered: 12/19/2019 03:47 PM] |
| Filing 39 Filed Order for PUBLICATION (JAY S. BYBEE, SANDRA S. IKUTA and JOHN B. OWENS) (Judge Bybee authoring & concurring) (Judge Owens concurring in part and dissenting in part) The motion for a stay of the preliminary injunction in Nos. 19-17213 and 19-17214 is GRANTED. The motion for stay of the preliminary injunction in No. 19-35914 is GRANTED. The cases may proceed consistent with this opinion. [11523019] [19-17213, 19-17214, 19-35914] --[Edited: Replaced PDF with reformatted version; non-substantive corrections made. 12/12/2019 by TYL] (AKM) [Entered: 12/05/2019 04:17 PM] |
| Filing 38 Filed order (JAY S. BYBEE, SANDRA S. IKUTA and JOHN B. OWENS): The motions to become amicus curiae and submit amicus briefs filed by Public Health, Health Policy, Medicine, and Nursing Deans, Chairs, and Scholars; The American Public Health Association; and the American Academy of Nursing; and the National Housing Law Project, Food Research & Action Center, and the Center for Law & Social Policy, filed November 22, 2019, are GRANTED. [11522999] [19-17213, 19-17214] (AF) [Entered: 12/05/2019 04:08 PM] |
| Filing 37 Filed clerk order: The opening brief [ # 35 ] and excerpts of record [ # 36 ] submitted by appellants are filed. No paper copies are required at this time. [11522050] (LA) [Entered: 12/05/2019 10:01 AM] |
| Filing 36 Submitted (ECF) excerpts of record. Submitted by Appellants Kenneth T. Cuccinelli, Kevin K. McAleenan, USCIS and USDHS. Date of service: 12/04/2019. [11521011] [19-17214]--[COURT UPDATE: Attached corrected PDF of Vol 2. 12/05/2019 by LA] (Sinzdak, Gerard) [Entered: 12/04/2019 01:24 PM] |
| Filing 35 Submitted (ECF) Opening Brief for review. Submitted by Appellants Kenneth T. Cuccinelli, Kevin K. McAleenan, USCIS and USDHS. Date of service: 12/04/2019. [11521003] [19-17214] (Sinzdak, Gerard) [Entered: 12/04/2019 01:21 PM] |
| Filing 34 Entered appearance of Amici Curiae - Pending National Housing Law Project, Food Research & Action Center and The Center for Law & Social Policy. [11514933] (KWG) [Entered: 11/27/2019 01:23 PM] |
| Filing 32 Added Attorney(s) Julia Harumi Mass for party(s) Appellee State of California, in case 19-17214. [11513946] (HH) [Entered: 11/26/2019 04:31 PM] |
| Filing 31 Filed (ECF) notice of appearance of Julia Harumi Mass (California Department of Justice, 1515 Clay St., Suite 2000, Oakland, CA 94612) for Appellee State of California. Date of service: 11/26/2019. (Party was previously proceeding with counsel.) [11513937] [19-17214] (Mass, Julia) [Entered: 11/26/2019 04:28 PM] |
| Filing 30 Filed (ECF) Appellants Kenneth T. Cuccinelli, Kevin K. McAleenan, USCIS and USDHS reply to response (). Date of service: 11/26/2019. [11513666] [19-17214] (Dos Santos, Joshua) [Entered: 11/26/2019 03:11 PM] |
| Filing 29 Filed clerk order (Deputy Clerk: MCD): The joint motion to modify the briefing schedule (Docket Entry No. [ # 22 ]) is granted. The opening brief and excerpts of record are due on December 4, 2019. The answering brief is due on January 16, 2020. The optional reply brief is due on February 6, 2020. [11510999] (AF) [Entered: 11/25/2019 12:04 PM] |
| Filing 33 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by NATIONAL HOUSING LAW PROJECT, FOOD RESEARCH & ACTION CENTER, AND THE CENTER FOR LAW & SOCIAL POLICY. Date of service: 11/26/2019. [11514927] (KWG) [Entered: 11/27/2019 01:20 PM] |
| Filing 28 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 33 ]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by NATIONAL HOUSING LAW PROJECT, FOOD RESEARCH & ACTION CENTER, AND THE CENTER FOR LAW & SOCIAL POLICY. Date of service: 11/22/2019. [11509910] [19-17214] (Lauridsen, Robert) [Entered: 11/22/2019 06:37 PM] |
| Filing 27 Entered appearance of Amici Curiae - Pending Public Health, Health Policy, Medicine, and Nursing Deans, Chairs, and Scholars, American Public Health Association, and American Academy of Nursing. [11509906] (LA) [Entered: 11/22/2019 06:25 PM] |
| Filing 26 Filed (ECF) Appellee State of California response to motion ([ # 20 ] Motion (ECF Filing), [ # 20 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 11/22/2019. [11509901] [19-17214] --[COURT UPDATE: Attached corrected response (corrected cover page date). 11/25/2019 by TYL] (Rich, Anna) [Entered: 11/22/2019 06:17 PM] |
| Filing 25 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by PUBLIC HEALTH, HEALTH POLICY, MEDICINE, AND NURSING DEANS, CHAIRS, AND SCHOLARS; THE AMERICAN PUBLIC HEALTH ASSOCIATION; AND THE AMERICAN ACADEMY OF NURSING. Date of service: 11/22/2019. [11509158] [19-17214] (Escoriaza, Phillip) [Entered: 11/22/2019 01:45 PM] |
| Filing 24 Added Attorney(s) Patricia Garcia Rincon for party(s) Appellee State of Oregon, in case 19-17214. [11507466] (NAC) [Entered: 11/21/2019 02:11 PM] |
| Filing 23 Filed (ECF) notice of appearance of Patricia Garcia Rincon (Oregon Department of Justice) for Appellee State of Oregon. Date of service: 11/21/2019. (Party was previously proceeding with counsel.) [11507463] [19-17214] (Rincon, Patricia) [Entered: 11/21/2019 02:09 PM] |
| Filing 22 Filed (ECF) Appellants Kenneth T. Cuccinelli, Kevin K. McAleenan, USCIS and USDHS Joint Motion to extend time to file Opening brief until 12/04/2019. Date of service: 11/20/2019. [11506058] [19-17214] (Tenny, Daniel) [Entered: 11/20/2019 03:27 PM] |
| Filing 21 Filed clerk order (Deputy Clerk: MCD): The court has received appellants emergency motion for a stay pending appeal. The opposition to the motion is due on Friday, November 22, 2019. The reply in support of the motion is due on Tuesday, November 26, 2019. The pending joint motion will be addressed by separate order. [11505621] (AF) [Entered: 11/20/2019 01:26 PM] |
| Filing 20 Filed (ECF) Appellants Kenneth T. Cuccinelli, Kevin K. McAleenan, USCIS and USDHS EMERGENCY Motion to stay lower court action. Date of service: 11/15/2019. [11501270] [19-17214] (Sinzdak, Gerard) [Entered: 11/15/2019 05:34 PM] |
| Filing 19 Attorney Michael Fischer in 19-17214 substituted by Attorney Aimee Diane Thomson in 19-17214 [11499968] (CW) [Entered: 11/15/2019 07:53 AM] |
| Filing 18 Filed (ECF) notice of appearance of Aimee Diane Thomson (Pennsylvania Office of Attorney General, 1600 Arch St., Suite 300, Philadelphia, PA 19103) for Appellee Commonwealth of Pennsylvania. Substitution for Attorney Michael Fischer for Appellee Commonwealth of Pennsylvania. Date of service: 11/15/2019. (Party was previously proceeding with counsel.) [11499905] [19-17214] (Thomson, Aimee) [Entered: 11/15/2019 07:22 AM] |
| Filing 17 Added Attorney(s) Daniel Tenny for party(s) Appellant USCIS Appellant Kevin K. McAleenan Appellant USDHS Appellant Kenneth T. Cuccinelli, in case 19-17214. [11493060] (RR) [Entered: 11/07/2019 03:48 PM] |
| Filing 16 Filed (ECF) notice of appearance of Daniel Tenny (U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530) for Appellants Kenneth T. Cuccinelli, Kevin K. McAleenan, USCIS and USDHS. Date of service: 11/07/2019. (Party was previously proceeding with counsel.) [11492984] [19-17214] (Tenny, Daniel) [Entered: 11/07/2019 03:21 PM] |
| Filing 15 MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court's mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [11492408] (LW) [Entered: 11/07/2019 11:08 AM] |
| Filing 14 Added Attorney(s) Joshua Dos Santos for party(s) Appellant USCIS Appellant Kevin K. McAleenan Appellant USDHS Appellant Kenneth T. Cuccinelli, in case 19-17214. [11491213] (CW) [Entered: 11/06/2019 01:50 PM] |
| Filing 13 Filed (ECF) notice of appearance of Joshua Yrion Dos Santos (U.S. Department of Justice, 950 Pennsylvania Ave. N.W. Washington DC 20530) for Appellants Kenneth T. Cuccinelli, Kevin K. McAleenan, USCIS and USDHS. Date of service: 11/06/2019. (Party was previously proceeding with counsel.) [11491187] [19-17214] (Dos Santos, Joshua) [Entered: 11/06/2019 01:42 PM] |
| Filing 12 Added Attorney(s) Michael Fischer for party(s) Appellee Commonwealth of Pennsylvania, in case 19-17214. [11490420] (CW) [Entered: 11/06/2019 06:39 AM] |
| Filing 11 Filed (ECF) notice of appearance of Michael John Fischer (Pennsylvania Office of Attorney General, 1600 Arch St., Suite 300, Philadelphia, PA 19103) for Appellee Commonwealth of Pennsylvania. Date of service: 11/06/2019. (Party was previously proceeding with counsel.) [11490418] [19-17214] (Fischer, Michael) [Entered: 11/06/2019 06:37 AM] |
| Filing 10 Added Attorney(s) Benjamin N. Gutman for party(s) Appellee State of Oregon, in case 19-17214. [11489759] (CW) [Entered: 11/05/2019 01:33 PM] |
| Filing 9 Filed (ECF) notice of appearance of Benjamin Gutman (Oregon Department of Justice, 1162 Court Street NE, Salem, OR 97301) for Appellee State of Oregon. Date of service: 11/05/2019. (Party was previously proceeding with counsel.) [11489708] [19-17214] (Gutman, Benjamin) [Entered: 11/05/2019 01:12 PM] |
| Filing 8 The Mediation Questionnaire for this case was filed on 11/05/2019. 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.[11489656]. [19-17214] (AD) [Entered: 11/05/2019 12:44 PM] |
| Filing 7 Filed (ECF) Appellants Kenneth T. Cuccinelli, Kevin K. McAleenan, USCIS and USDHS Mediation Questionnaire. Date of service: 11/05/2019. [11488881] [19-17214] (Sinzdak, Gerard) [Entered: 11/05/2019 07:06 AM] |
| Filing 6 Added Attorney(s) Gerard Sinzdak for party(s) Appellant USCIS Appellant Kevin K. McAleenan Appellant USDHS Appellant Kenneth T. Cuccinelli, in case 19-17214. [11486374] (CW) [Entered: 11/01/2019 02:01 PM] |
| Filing 5 Filed (ECF) notice of appearance of Gerard Joseph Sinzdak (U.S. Department of Justice, 950 Pennsylvania Ave. NW, Washington, DC 20530) for Appellants Kenneth T. Cuccinelli, Kevin K. McAleenan, USCIS and USDHS. Date of service: 11/01/2019. (Party was previously proceeding with counsel.) [11486209] [19-17214] (Sinzdak, Gerard) [Entered: 11/01/2019 12:58 PM] |
| Filing 4 Attorney Alacoque Hinga Nevitt in 19-17214 substituted by Attorney Loren L. AliKhan in 19-17214 [11485950] (CW) [Entered: 11/01/2019 11:19 AM] |
| Filing 3 Filed (ECF) notice of appearance of Loren L. AliKhan (Office of the Solicitor General, Office of the Attorney General for the District of Columbia, 441 4th Street, NW, Suite 630 South, Washington, D.C. 20001) for Appellee District of Columbia. Substitution for Attorney Alacoque Hinga Nevitt for Appellee District of Columbia. Date of service: 11/01/2019. (Party was previously proceeding with counsel.) [11485939] [19-17214] (AliKhan, Loren) [Entered: 11/01/2019 11:16 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed October 30, 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 November 27, 2019; the answering brief is due December 26, 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. [11485898] (AF) [Entered: 11/01/2019 10:59 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows:. to be set. Preliminary Injunction Appeal. C.R. 3-3. [11485393] (RT) [Entered: 10/31/2019 04:08 PM] |
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