State of Arizona et al v. Biden et al
| State of Arizona, State of Montana and State of Ohio |
| Joseph R. Biden, United States Department of Homeland Security, United States of America, Alejandro Mayorkas, Troy Miller, Tae Johnson and Ur Jaddou |
| David J. Carey |
| 3:2021cv00314 |
| November 18, 2021 |
| US District Court for the Southern District of Ohio |
| Michael J Newman |
| Peter B Silvain |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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| Filing 32 BRIEF OF AMICI CURIAE THE AMERICAN CIVIL LIBERTIES UNION, ACLU OF OHIO, AND ACLU OF ARIZONA re #29 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for Judgment as a Matter of Law by Amicus David J. Carey. (Attachments: #1 Declaration of David Hausman) (pb) |
Filing 31
NOTATION ORDER granting #30 motion for leave of Court to file brief as amici curiae. The Clerk is directed to separately file Amici's proposed brief ([30-1]) and affidavit ([30-2]). Should the parties wish to respond, they shall do so on or before 01/18/2022. IT IS SO ORDERED. Signed by Judge Michael J. Newman on 12/28/2021. (jak)
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| Filing 30 UNOPPOSED MOTION TO FILE BRIEF AS AMICI CURIAE OF THE AMERICAN CIVIL LIBERTIES UNION, ACLU OF OHIO, AND ACLU OF ARIZONA (Attachments: #1 Proposed Amici Curiae, #2 Affidavit Declaration of David K. Hausman) (Carey, David) Modified on 12/28/2021 to correct text (pb). |
| Filing 29 MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION for Judgment as a Matter of Law ( Responses due by 1/18/2022) by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Attachments: #1 Text of Proposed Order) (Knapp, Michael) |
| Filing 28 RESPONSE in Opposition re #4 MOTION for Preliminary Injunction filed by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Knapp, Michael) |
| Filing 27 ADMINISTRATIVE RECORD by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Attachments: #1 Exhibit Corrected AR Index, #2 Exhibit Considerations Memo, #3 Exhibit Bernsen 1976 Memo, #4 Exhibit Meissner 2000 Memo, #5 Exhibit Morton 2010 Memo, #6 Exhibit Morton 2011 Memo, #7 Exhibit J Johnson 2014 Memo, #8 Exhibit Kelly 2017 Memo, #9 Exhibit Pekoske 2021 Memo, #10 Exhibit ICE 2021 Interim Guidance, #11 Exhibit Stakeholder Outreach Summary Memo, #12 Exhibit ICE Listening Sessions Memo, #13 Exhibit Outreach April 6-April 9, #14 Exhibit Outreach April 14-May 20, #15 Exhibit AART Data Memo, #16 Exhibit OPLA PD Memo, #17 Exhibit Reps Comer and Jordan Ltr, #18 Exhibit Rep Bishop Ltr, #19 Exhibit Ill AG Raoul Ltr, #20 Exhibit Rep Biggs Ltr, #21 Exhibit Fla Gov DeSantis Ltr, #22 Exhibit Rep Fallon Ltr, #23 Exhibit Rep Thompson Ltr, #24 Exhibit Sen Scott Ltr, #25 Exhibit Sheriff Rambosk Ltr, #26 Exhibit Rep Ocasio-Cortez Ltr, #27 Exhibit Sen Booker Ltr, #28 Exhibit EO 13993, #29 Exhibit Light Article, #30 Exhibit Decker Decl, #31 Exhibit Berg Decl, #32 Exhibit Burke Decl) (Knapp, Michael) |
| Filing 26 SUMMONS Returned Executed as to #1 Complaint executed upon Merrick Garland, Attorney General, US Dept. Justice, 950 Pennsylvania Ave NW, Washington DC 20530; Tracking No. 7014 3490 0000 7920 1799. Answer due 1/29/2022. (bjr) Modified on 12/22/2021 to correct clerical error (bjr). |
| Set/Reset Deadlines: United States Department of Homeland Security answer due 1/31/2022. (pb) |
| Filing 25 NOTICE OF ORAL ARGUMENT - Upon agreement of the parties, oral argument on Plaintiffs motion for a preliminary injunction and Defendants motion to dismiss is set on February 16, 2022 at 10:00 a.m. ET in the Walter H. Rice Federal Building & U.S. Courthouse, Courtroom 1. Signed by Judge Michael J. Newman on 12/17/21. (pb) |
| Set/Reset Deadlines as to #4 MOTION for Preliminary Injunction. Defendants' opposition memorandum in response to Plaintiffs' motion for a preliminary injunction and motion to dismiss is due on or before 12/27/2021; Plaintiffs shall file an omnibus opposition memorandum in response to Defendants' motion to dismiss and reply in support of their motion for a preliminary injunction 21 days thereafter; and Defendants' reply brief in support of their motion to dismiss is due 14 days from the filing of Plaintiffs' omnibus brief. (bjr) |
| Filing 24 Minute entry for status conference held on 12/15/2021 before Judge Michael J. Newman. Benjamin D. Flowers and Sylvia May Davis appeared and participated on behalf of Plaintiffs. Brian C. Rosen-Shaud and Michael F. Knapp appeared and participated on behalf of Defendants. Defendants intend to file a motion to dismiss simultaneous to their opposition memorandum in response to Plaintiffs' motion for a preliminary injunction. Upon agreement of the parties, the Court set an oral argument on Plaintiffs' motion for a preliminary injunction and Defendants' forthcoming motion to dismiss on 02/16/2022. The Court modified the briefing schedule as follows: Defendants' opposition memorandum in response to Plaintiffs' motion for a preliminary injunction and motion to dismiss is due on or before 12/27/2021; Plaintiffs shall file an omnibus opposition memorandum in response to Defendants' motion to dismiss and reply in support of their motion for a preliminary injunction 21 days thereafter; and Defendants' reply brief in support of their motion to dismiss is due 14 days from the filing of Plaintiffs' omnibus brief. (Court Reporter: Julie Renee Hohenstein) (jak) |
| Filing 23 SUMMONS Returned Executed as to Defendant, Joseph R. Biden. Card marked Received Mail Operation. Tracking No. 7014 3490 0000 7920 1805. Joseph R. Biden served on 12/14/2021; Answer due 1/4/2022. (bjr) |
| Filing 22 NOTICE of Appearance by Brian C. Rosen-Shaud for Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America (Rosen-Shaud, Brian) |
| Filing 21 NOTICE by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America of Administrative Record (Attachments: #1 Exhibit AR Certification, #2 Exhibit AR Index) (Kirschner, Adam) |
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NOTATION ORDER granting #20 Motion for Leave to Appear Pro Hac Vice of Anthony R. Napolitano,as Counsel or Co-Counsel in this case for Plaintiff, for the State of Arizona. Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Michael J. Newman on 12-8-2021. (bjr)
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| Filing 20 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8625714) of Anthony R. Napolitano by Plaintiff State of Ohio. (Attachments: #1 Certificate of Good Standing) (Flowers, Benjamin) |
| Filing 19 NOTICE OF HEARING: Status conference set for 12/15/21 at 4:00 p.m. ET before Judge Michael J. Newman by telephone. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (jak) |
| Filing 18 NOTICE of Appearance by Michael F Knapp for Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America (Knapp, Michael) |
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Filing 17
ORDER: (1) DENYING DEFENDANTS' MOTION TO TRANSFER (DOC. NO. #7 ); (2) LIFTING THE STAY ON BRIEFING OF PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION; AND (3) SETTING A BRIEFING SCHEDULE ON PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION. The Court DENIES DHS's motion to transfer. #7 The Court hereby LIFTS the stay on the briefing schedule for Plaintiffs' motion for a preliminary injunction. Doc. No. 16 . DHS shall file an opposition memorandum in response to Plaintiffs' preliminary injunction request on or before December 27, 2021. Plaintiffs shall file a reply brief 14 days from the filing of DHS's opposition memorandum.The Court intends to schedule an in-person oral argument on Plaintiffs' motion for a preliminary injunction. An order setting a status conference to discuss the date and time of oral argument will issue by separate entry. Signed by Judge Michael J. Newman on 12/6/2021. (bjr)
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Filing 16
NOTATION ORDER granting Defendants' oral motion to stay briefing on Plaintiffs' motion for a preliminary injunction pending disposition of Defendants' motion to transfer (Doc. No. #7 ). Should the Court deny Defendants' motion to transfer, a simultaneous briefing schedule order shall issue. IT IS SO ORDERED. Signed by Judge Michael J. Newman on 11/30/2021. (jak)
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| Filing 15 Minute entry for informal conference held under S.D. Ohio Civ. R. 65.1 before Judge Michael J. Newman on 11/29/2021. Benjamin M. Flowers and Anthony R. Napolitano appeared and participated on behalf of Plaintiffs. Adam Kirschner appeared and participated on behalf of Defendants. The Court recognized that Defendants' motion to transfer (Doc. No. #7 ) is ripe and has taken the matter under advisement. Defendants orally moved to stay briefing on Plaintiffs' motion for a preliminary injunction until the Court issues a decision on the motion to transfer. Should a briefing schedule on Plaintiffs' motion for a preliminary injunction be necessary, the parties agreed to the default timeline set forth in S.D. Ohio Civ. R. 7.2(a)(2). No party anticipates discovery issues, and Defendants intend to compile and promptly produce the administrative record to Plaintiffs. (Court Reporter: Julie Renee Hohenstein) (jak) |
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Filing 14
ORDER granting #8 Motion for Leave to Appear Pro Hac Vice of Sylvia May Davis as counsel or co-counsel in this case for Plaintiff, State of Ohio. Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Michael J. Newman on 11/30/2021. (bjr)
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Filing 13
ORDER granting #11 Motion for Leave to Appear Pro Hac Vice of Christian B. Corrigan as counsel or co-counsel in this case for Plaintiff, State of Montana. Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Michael J. Newman on 11/29/2021. (bjr)
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| Filing 12 REPLY to Response to Motion re #7 MOTION to Change Venue to the District of Arizona filed by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Kirschner, Adam) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8608715) of Christian B. Corrigan by Plaintiff State of Ohio. (Attachments: #1 Certificate of Good Standing) (Flowers, Benjamin) |
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NOTATION ORDER re: #9 Motion for Leave to Appear Pro Hac Vice of Christian B. Corrigan is DENIED WITHOUT PREJUDICE for Counsel's failure to submit a Certificate of Good Standing from the State of Montana, as stated in its motion. Counsel may re-file such a motion that contains the appropriate affirmative statement of Mr. Corrigan's state of licensure to correspond with his Certificate of Good Standing. Signed by Magistrate Judge Peter B. Silvain, Jr. on 11/29/2021. (del)
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| Filing 10 RESPONSE to Motion re #7 MOTION to Change Venue to the District of Arizona filed by Plaintiffs State of Arizona, State of Montana, State of Ohio. (Flowers, Benjamin) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8608715) of Christian B. Corrigan by Plaintiff State of Ohio. (Attachments: #1 Certificate of Good Standing) (Flowers, Benjamin) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number Waived) of Sylvia May Davis by Plaintiff State of Ohio. (Attachments: #1 Certificate of Good Standing) (Flowers, Benjamin) |
| Filing 7 MOTION to Change Venue to the District of Arizona by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Attachments: #1 Text of Proposed Order) (Kirschner, Adam) |
| Filing 6 NOTICE of Appearance by Adam Kirschner for Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America (Kirschner, Adam) |
| Filing 5 NOTICE OF HEARING: An informal conference on Plaintiffs' motion for a preliminary injunction, under S.D. Ohio Civ. R. 65.1(a), is set for 11/29/2021 at 4:00 p.m. ET before Judge Michael J. Newman by telephone. Judge Newman's courtroom deputy will provide counsel of record with call-in information. (jak) |
| Filing 4 MOTION for Preliminary Injunction by Plaintiffs State of Arizona, State of Montana, State of Ohio. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S) (Flowers, Benjamin) |
| Filing 3 CERTIFICATE of Mailing by the Clerk: A copy of the complaint and issued summons were sent to the named defendants via certified mail. (daf) |
| Filing 2 Summons Issued as to All Defendants. (srb) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-8599591), filed by State of Ohio, State of Montana, State of Arizona. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Summons Form Attorney General, #4 Summons Form US Attorney, #5 Summons Form Civil Process Clerk, #6 Summons Form Biden, #7 Summons Form Biden, #8 Summons Form Department of Homeland Security, #9 Summons Form Mayorkas, #10 Summons Form Miller, #11 Summons Form Johnson, #12 Summons Form Jaddou) (Flowers, Benjamin) |
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