State of California, et al v. Donald Trump, et al
| STATE OF COLORADO, STATE OF ILLINOIS, STATE OF NEW YORK, STATE OF NEW JERSEY, STATE OF CALIFORNIA, STATE OF MINNESOTA, STATE OF CONNECTICUT, STATE OF NEW MEXICO, DANA NESSEL, Attorney General, on behalf of the People of Michigan, STATE OF DELAWARE, STATE OF OREGON, COMMONWEALTH OF VIRGINIA, STATE OF MAINE, STATE OF NEVADA, STATE OF HAWAII, STATE OF WISCONSIN, STATE OF MARYLAND, STATE OF VERMONT, STATE OF RHODE ISLAND and STATE OF MASSACHUSETTS |
| DAVID BERNHARDT, in his official capacity as Secretary of the Interior, UNITED STATES DEPARTMENT OF DEFENSE, RICHARD V. SPENCER, in his official capacity as Secretary of the Navy, U.S. DEPARTMENT OF HOMELAND SECURITY, DONALD J. TRUMP, in his official capacity as President of the United States of America, MARK T. ESPER, in his official capacity as Acting Secretary of Defense, UNITED STATES DEPARTMENT OF THE TREASURY, HEATHER WILSON, in her official capacity as Secretary of the Air Force, KEVIN K. MCALEENAN, in his official capacity as Acting Secretary of Homeland Security, RYAN D. MCCARTHY, senior official performing the duties of the Secretary of the Army, U.S. DEPARTMENT OF THE INTERIOR, UNITED STATES OF AMERICA and STEVEN TERNER MNUCHIN, in his official capacity as Secretary of the Department of the Treasury |
| ANDY BARR, U.S. Representative |
| 19-17502 |
| December 16, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 34 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees State of California, State of Colorado, State of Hawaii, State of Maryland, State of New Mexico, State of New York, State of Oregon, Commonwealth of Virginia and State of Wisconsin in 19-17502. Date of service: 02/13/2020. [11597379] [19-17501, 19-17502, 20-15044] (Leslie, Heather) [Entered: 02/13/2020 08:39 PM] |
| Filing 33 Submitted (ECF) Answering Brief for review. Submitted by Appellees State of California, State of Colorado, State of Hawaii, State of Maryland, State of New Mexico, State of New York, State of Oregon, Commonwealth of Virginia and State of Wisconsin in 19-17502. Date of service: 02/13/2020. [11597375] [19-17501, 19-17502, 20-15044] (Leslie, Heather) [Entered: 02/13/2020 08:29 PM] |
| Filing 32 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Sierra Club and Southern Border Communities Coalition in 19-17501. Date of service: 02/13/2020. [11597348] [19-17501, 19-17502, 20-15044] (Ladin, Dror) [Entered: 02/13/2020 06:01 PM] |
| Filing 31 Submitted (ECF) Answering Brief for review. Submitted by Appellees Sierra Club and Southern Border Communities Coalition in 19-17501. Date of service: 02/13/2020. [11597346] [19-17501, 19-17502, 20-15044] (Ladin, Dror) [Entered: 02/13/2020 05:58 PM] |
| Filing 30 Notice of Oral Argument on Tuesday, March 10, 2020 - 4:00 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 Tuesday, March 10, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11589841]. [Array, 19-17501, 19-17502, 20-15044] (AW) [Entered: 02/07/2020 01:38 PM] |
| Filing 29 Filed clerk order (Deputy Clerk: AF): Oral argument in this case will be held at 4:00 p.m., Tuesday, March 10, 2020, in Courtroom One at the James R. Browning United States Courthouse, 95 7th Street, San Francisco, California. [11589494] [19-17501, 19-17502, 20-15044] (AF) [Entered: 02/07/2020 11:00 AM] |
| Filing 28 Received 6 paper copies of Amicus Brief [ # 25 ] filed by Andy Barr. (sent to panel) [11585196] [19-17501, 19-17502, 20-15044] (SD) [Entered: 02/04/2020 02:39 PM] |
| Filing 27 Filed clerk order: The amicus brief [ # 25 ] submitted by U.S. Representative Andy Barr is filed. Amicus is ordered to file 6 copies of the brief in paper format for delivery to the Court by 5:00 p.m. Pacific Time on Tuesday, February 4, 2020, 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. [11581583] [19-17501, 19-17502, 20-15044] (LA) [Entered: 01/31/2020 04:41 PM] |
| Filing 26 Entered appearance of Amicus Curiae U.S. Representative Andy Barr in 19-17501, 19-17502 and 20-15044. [11581579] [19-17501, 19-17502, 20-15044] (LA) [Entered: 01/31/2020 04:39 PM] |
| Filing 25 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by U.S. Rep. Andy Barr. Date of service: 01/31/2020. [11581550] [19-17501, 19-17502, 20-15044] (Joseph, Lawrence) [Entered: 01/31/2020 04:28 PM] |
| Filing 24 Received 6 paper copies of First Brief on Cross-Appeal [ # 11573644-2 ] filed by Appellants/Cross-Appellees. (sent to panel) [11578844] [19-17501, 19-17502, 20-15044] (SD) [Entered: 01/29/2020 04:28 PM] |
| Filing 23 Received 3 paper copies of excerpts of record [ # 11573656-2 ], [ # 19 ] in 3 volume(s) filed by Appellants/Cross-Appellees. (sent to panel) [11578206] [19-17501, 19-17502, 20-15044] (LA) [Entered: 01/29/2020 12:22 PM] |
| Filing 22 Filed clerk order: The first brief on cross-appeal [ # 11573644-2 ], [ # 18 ] submitted by appellants/cross-appellees is filed. Appellants/cross-appellees are ordered to file 6 copies of the brief in paper format for delivery to the Court by 5:00 p.m. Pacific Time on Wednesday, January 29, 2020, 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 excerpts of record [ # 11573656-2 ], [ # 19 ] submitted by appellants/cross-appellees are filed. Appellants/cross-appellees are ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers, for delivery to the Court by 5:00 p.m. Pacific Time on Wednesday, January 29, 2020. The paper copies shall be submitted to the principal office of the Clerk. [11575204] [19-17501, 19-17502, 20-15044] (LA) [Entered: 01/27/2020 12:56 PM] |
| Filing 21 COURT DELETED INCORRECT ENTRY. Entered in error. Notice about deletion sent to case participants registered for electronic filing. [11574040]. [Array, 19-17501, 19-17502, 20-15044] (AW) [Entered: 01/24/2020 03:08 PM] |
| Filing 20 Filed order (SIDNEY R. THOMAS, KIM MCLANE WARDLAW and DANIEL PAUL COLLINS) Defendants have filed a motion to consolidate case No. 19-17501 with the Defendants appeal and the States cross-appeal in case Nos. 19-17502 & 20-15044, to revise the Courts briefing schedules, and to address the oral argument calendar. Plaintiffs have filed separate responses. Both request that oral argument be scheduled for the March calendar, and the States propose their own modified briefing schedule. The Court grants Defendants motion to consolidate the cases for the purposes of oral argument and briefing. The Court also vacates its prior briefing schedule and adopts the States modified proposed briefing schedule. Defendants opening brief is due January 24, 2020. Sierra Club Case plaintiffs response brief and the States combined response brief and opening brief on cross-appeal are due February 13, 2020. Defendants combined reply brief and response brief on cross-appeal is due on February 27, 2020. The States optional reply brief on cross-appeal is due on March 2, 2020. Oral argument is scheduled for the week of March 9, 2020. The date and time will be scheduled at a later date. The Court continues to have the pending emergency motion to lift the stay pending appeal under advisement. [11573917] [19-17501, 19-17502, 20-15044] (OC) [Entered: 01/24/2020 02:35 PM] |
| Filing 19 Submitted (ECF) excerpts of record. Submitted by Appellants David Bernhardt, DOD, Doctor 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 19-17502, Appellees David Bernhardt, DOD, Doctor 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 20-15044. Date of service: 01/24/2020. [11573684] [19-17502, 20-15044]--[COURT UPDATE: Attached corrected excerpts. 01/27/2020 by LA] (Himmelfarb, Edward) [Entered: 01/24/2020 01:10 PM] |
| Filing 18 Submitted (ECF) First Brief on Cross-Appeal for review. Submitted by Appellants David Bernhardt, DOD, Doctor 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 19-17502, Appellees David Bernhardt, DOD, Doctor 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 20-15044. Date of service: 01/24/2020. [11573665] [19-17502, 20-15044]--[COURT UPDATE: Updated docket text to correct brief type. 01/27/2020 by LA] (Himmelfarb, Edward) [Entered: 01/24/2020 01:05 PM] |
| Filing 17 Added Attorney(s) Michael Shih for party(s) Appellee Steven Terner Mnuchin, in case 20-15044 Attorney(s) Michael Shih for party(s) Appellant USA Appellant USDHS Appellant Steven Terner Mnuchin Appellant Heather Wilson Appellant Ryan D. McCarthy Appellant USDOI Appellant Kevin K. McAleenan Appellant Richard V. Spencer Appellant Mark T. Esper Appellant United States Department of the Treasury Appellant DOD Appellant David Bernhardt Appellant Donald J. Trump, in case 19-17502. [11573503] [19-17502, 20-15044] (CW) [Entered: 01/24/2020 11:57 AM] |
| Filing 16 Filed (ECF) notice of appearance of Michael Shih (U.S. Dep't of Justice, Civil Division, Appellate Staff, 950 Pennsylvania Avenue NW, Room 7268, Washington, DC 20530) for Appellants David Bernhardt, DOD, Doctor 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 19-17502. Date of service: 01/24/2020. (Party was previously proceeding with counsel.) [11573365] [19-17502, 20-15044] (Shih, Michael) [Entered: 01/24/2020 11:30 AM] |
| Filing 15 The Mediation Questionnaire for this case was filed on 01/17/2020. 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.[11566943]. [19-17502] (AD) [Entered: 01/17/2020 06:44 PM] |
| Filing 14 Filed (ECF) Appellees Commonwealth of Virginia, State of California, State of Colorado, State of Hawaii, State of Maryland, State of New Mexico, State of New York, State of Oregon and State of Wisconsin in 19-17502, Appellants Commonwealth of Virginia, State of California, State of Colorado, State of Hawaii, State of Maryland, State of New Mexico, State of New York, State of Oregon and State of Wisconsin in 20-15044 Mediation Questionnaire. Date of service: 01/17/2020. [11566592] [19-17502, 20-15044] (Leslie, Heather) [Entered: 01/17/2020 02:53 PM] |
| Filing 13 Filed (ECF) Appellants DOD, Doctor 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, Heather Wilson and David Bernhardt in 19-17502, Appellees David Bernhardt, DOD, Doctor 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 20-15044 reply to response (motion to consolidate cases, motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 01/16/2020. [11564306] [19-17502, 20-15044] (Himmelfarb, Edward) [Entered: 01/16/2020 08:31 AM] |
| Filing 12 Filed (ECF) Appellants David Bernhardt, DOD, Doctor 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 19-17502, Appellees David Bernhardt, DOD, Doctor 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 20-15044 Motion to consolidate cases 19-17501, 19-17502, 20-15044, Motion for miscellaneous relief [revise briefing schedules and set oral argument date]. Date of service: 01/15/2020. [11563774] [19-17502, 20-15044] (Himmelfarb, Edward) [Entered: 01/15/2020 02:52 PM] |
| Filing 11 Filed (ECF) Appellee State of California in 19-17502, Appellant State of California in 20-15044 response to Court order dated 01/10/2020. Date of service: 01/15/2020. [11563375] [19-17502, 20-15044] (Leslie, Heather) [Entered: 01/15/2020 12:25 PM] |
| Filing 10 Filed order (SIDNEY R. THOMAS, KIM MCLANE WARDLAW and DANIEL PAUL COLLINS) Appeal Nos. 19-17502 and 20-15044 are cross-appeals. The previously established briefing schedule in 19-17502 is vacated. The following briefing schedule shall govern cross-appeal Nos. 19-17502 and No. 20-15044: the first brief on cross-appeal is due January 24, 2020; the second brief on cross-appeal is due February 14, 2020; the third brief on cross-appeal is due February 20, 2020; and the optional cross-appeal reply brief is due February 25, 2020. The previously established briefing schedule for appeal No. 19-17501 remains in effect. The parties are reminded to meet and confer as to the preferred oral argument date and any alterations that may be necessary or desirable to the above briefing schedule. [11558632] [19-17502, 20-15044] (OC) [Entered: 01/10/2020 04:53 PM] |
| Filing 9 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: will be set by future court order. [11557778] [20-15044, 19-17502] (RT) [Entered: 01/10/2020 11:44 AM] |
| Filing 8 Filed order (SIDNEY R. THOMAS, KIM MCLANE WARDLAW and DANIEL PAUL COLLINS: The Court sua sponte expedites consideration of these appeals. The original briefing schedules set by the Court are vacated. The opening briefs are due January 24, 2020. The answering briefs are due February 14, 2020. The optional reply briefs are due February 25, 2020. The panel is available for oral argument either the week of March 9, 2020 in San Francisco or the week of April 13 in Pasadena. The parties are directed to meet and confer as to the preferred oral argument date and any alterations that may be necessary or desirable to the above briefing schedule. [11549869] [19-17501, 19-17502] (AF) [Entered: 01/03/2020 09:53 AM] |
| Filing 7 The Mediation Questionnaire for this case was filed on 12/30/2019. 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.[11546558]. [19-17502] (AD) [Entered: 12/30/2019 12:44 PM] |
| Filing 6 Added Attorney(s) Edward Himmelfarb for party(s) Appellant USA Appellant USDHS Appellant Steven Terner Mnuchin Appellant Heather Wilson Appellant Ryan D. McCarthy Appellant USDOI Appellant Kevin K. McAleenan Appellant Richard V. Spencer Appellant Mark T. Esper Appellant United States Department of the Treasury Appellant DOD Appellant David Bernhardt Appellant Donald J. Trump, in case 19-17502. [11546506] (CW) [Entered: 12/30/2019 12:09 PM] |
| Filing 5 Filed (ECF) Appellants David Bernhardt, DOD, Doctor 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 Mediation Questionnaire. Date of service: 12/30/2019. [11546350] [19-17502] (Byron, H. Thomas) [Entered: 12/30/2019 11:14 AM] |
| Filing 4 Filed (ECF) notice of appearance of Edward Himmelfarb (U.S. Department of Justice, Civil Division, Appellate Staff, Room 7541, 950 Pennsylvania Ave., N.W., Washington, D.C. 20530) for Appellants David Bernhardt, DOD, Doctor 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. Date of service: 12/30/2019. (Party was previously proceeding with counsel.) [11546230] [19-17502] (Himmelfarb, Edward) [Entered: 12/30/2019 10:36 AM] |
| Filing 3 Added Attorney H. Thomas Byron III for Appellants Donald J. Trump, et al., in case 19-17502. [11536181] (HH) [Entered: 12/17/2019 04:36 PM] |
| Filing 2 Filed (ECF) notice of appearance of H. Thomas Byron III (Civil Division, Appellate Staff, U.S. Department of Justice, 950 Pennsylvania Ave., NW, Washington DC 20530) for Appellants David Bernhardt, DOD, Doctor 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. Date of service: 12/17/2019. (Party was previously proceeding with counsel.) [11536160] [19-17502] (Byron, H. Thomas) [Entered: 12/17/2019 04:33 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven Terner Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, United States Department of Defense, United States Department of the Treasury, United States of America and Heather Wilson Mediation Questionnaire due on 12/23/2019. Transcript ordered by 01/13/2020. Transcript due 02/11/2020. Appellants David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven Terner Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, United States Department of Defense, United States Department of the Treasury, United States of America and Heather Wilson opening brief due 03/23/2020. Appellees Commonwealth of Virginia, Dana Nessel, 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 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 and State of Wisconsin answering brief due 04/23/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11533136] (RT) [Entered: 12/16/2019 10:38 AM] |
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