State of Washington v. Trump et al
| State of Washington |
| Matthew Donovan, US Department of the Interior, US Department of Homeland Security, US Department of Defense, Donald J Trump, US Department of the Treasury, Richard V Spencer, Ryan D McCarthy, United States of America, Steven T Mnuchin, Mark T Esper, David Bernhardt, Kevin McAleenan and Kevin K McAleenan |
| Northwest Immigrant Rights Project, National Immigration Law Center, Amici Curiae Former U.S. Government Officials, U.S. House of Representatives, Brennan Center for Justice at NYU School of Law and Former Members of Congress |
| 2:2019cv01502 |
| September 19, 2019 |
| US District Court for the Western District of Washington |
| Barbara J Rothstein |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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| Filing 43 CROSS-MOTION AND RESPONSE re #16 MOTION for Summary Judgment ., filed by Defendants David Bernhardt, Matthew Donovan, Mark T Esper, Kevin K McAleenan, Ryan D McCarthy, Steven T Mnuchin, Richard V Spencer, Donald J Trump, US Department of Defense, US Department of Homeland Security, US Department of the Interior, US Department of the Treasury, United States of America. Oral Argument Requested. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Warden, Andrew) |
Filing 42
MINUTE ORDER: Having reviewed the joint stipulation to amend briefing schedule [Dkt. No. #22 ], the Court HEREBY ORDERS that Plaintiff's page limit for its opposition to Defendants' cross-motion and reply in support of motion for summary judgment shall be thirty (30) pages and Defendants' page limit for its cross-motion for summary judgment and opposition to Plaintiff's motion for summary judgment is forty (40) pages. Authorized by Judge Barbara J. Rothstein. (TH)
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Filing 41
MINUTE ORDER: Having reviewed the unopposed motions to file amicus curiae briefs by the National Immigration Law Center and the Northwest Immigration Rights Project [Dkt. No. #26 ], the Brennan Center for Justice at NYU School of Law [Dkt. No. #33 ], the United States House of Representatives [Dkt. No. #36 ], and former members of Congress [Dkt. No. #37 ], the Court HEREBY GRANTS the motions. The amicus curiae briefs attached to each motion are HEREBY deemed filed. Authorized by Judge Barbara J. Rothstein. (TH)
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Filing 40
MINUTE ORDER: Pursuant to the Standing Order for Civil Cases (Standing Order) [Dkt. No. 7], the Court HEREBY STRIKES the noting date for the following motions [Dkt. No. 33,36,37]. Instead, pursuant to Section II.A. 3 of the Standing Order, the opposition to the motion is due twenty-one (21) days after the date on which the motion was filed and the reply is due fourteen (14) days after the opposition is filed. Where oppositions are not anticipated, the Court will consider said motions upon filing. This Minute Order does not strike the motion; rather, it strikes the noting date. The Court will consider the motion upon the completion of briefing in accordance with the foregoing schedule. In the future, the Court expects the parties to comply with the terms of the Standing Order. Signed by Judge Barbara J. Rothstein. (RM)
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| Filing 39 NOTICE of Appearance by attorney Robert M McKenna on behalf of Amicus Former Members of Congress. (McKenna, Robert) |
| Filing 38 PLEASE DISREGARD. NOTICE TO FILER re Pro Hac Vice Application for attorneys Todd Tatelman, Megan Barbero, Josephine Morse, Adam Grogg : re #36 Unopposed MOTION for Leave to File Amicus Brief. Notice of Filing Deficiency** Action Required ** See attached letter for more Information and instructions. (SWT) Modified docket text on 11/4/2019 to indicate this notice was posted in error. Counsel must submit a petition for conditional admission (SWT). |
| NOTE: Document #37 was filed incorrectly. Appearances of attorneys Robert McKenna, Irvin Nathan, Robert Weiner, Andrew Tutt, Kaitlin Konkel, Samuel Callhan, Douglas Winthrop is not proper, and notices of electronic filing will not be sent until corrected. Signatures must be in accordance with FRCP 11 and LCR 83 and must comply with #ECF Filing Procedures. (SWT) |
| NOTICE of Docket Text Modification re #38 Notice to Filer : Modified docket text on 11/4/2019 to indicate this notice was posted in error. Counsel must submit a petition for conditional admission. (SWT) |
| Filing 37 MOTION for Leave to File Brief in Support of Plaintiff's Motion for Summary Judgment, filed by Amicus Former Members of Congress. (Attachments: #1 Exhibit Amici Curiae Brief, #2 Proposed Order) (McKenna, Robert) |
| Filing 36 Unopposed MOTION for Leave to File Amicus Brief, filed by Amicus U.S. House of Representatives. (Attachments: #1 Exhibit, #2 Proposed Order) (Tatelman, Todd) |
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Filing 35
ORDER re #32 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Elizabeth Goitein for Brennan Center for Justice at NYU School of Law, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Filing 34 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Brennan Center for Justice at NYU School of Law (Payson, Kenneth) |
| Filing 33 Agreed MOTION for Leave to File Amicus Curiae Brief, filed by Amicus Brennan Center for Justice at NYU School of Law. (Attachments: #1 Exhibit A, #2 Proposed Order) (Payson, Kenneth) |
| Filing 32 APPLICATION OF ATTORNEY Elizabeth Goitein FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Brennan Center for Justice at NYU School of Law (Fee Paid) Receipt No. 0981-5992106 (Payson, Kenneth) |
| Filing 31 NOTICE of Appearance by attorney Kenneth E Payson on behalf of Amicus Brennan Center for Justice at NYU School of Law. (Payson, Kenneth) |
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Filing 30
MINUTE ORDER: Pursuant to the Standing Order for Civil Cases (Standing Order) [Dkt. No. 7], the Court HEREBY STRIKES the noting date for the motion for leave to file Amicus Curiae Brief [Dkt. No. 26]. Instead, pursuant to Section II.A. 3 of the Standing Order, the opposition to the motion is due twenty-one (21) days after the date on which the motion was filed and the reply is due fourteen (14) days after the opposition is filed. This Minute Order does not strike the motion; rather, it strikes the noting date. The Court will consider the motion upon the completion of briefing in accordance with the foregoing schedule. In the future, the Court expects the parties to comply with the terms of the Standing Order. Signed by Judge Barbara J. Rothstein. (RM)
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Filing 29
ORDER re #28 Corrected Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Max S Wolson for National Immigration Law Center and Northwest Immigrant Rights Project, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) Modified on 11/1/2019 correct title of application(CDA).
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| Filing 28 CORRECTED APPLICATION OF ATTORNEY Max S. Wolson FOR LEAVE TO APPEAR PRO HAC VICE by Amicus Parties National Immigration Law Center, Northwest Immigrant Rights Project. Receipt No. 0981-5990466 (Adams, Matt) Modified on 11/1/2019 indicate corrected application (CDA). |
| Filing 27 APPLICATION OF ATTORNEY Max S. Wolson FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Parties National Immigration Law Center, Northwest Immigrant Rights Project (Fee Paid) Receipt No. 0981-5990466 (Adams, Matt) |
| Filing 26 Unopposed MOTION for Leave to File Amicus Curiae Brief, filed by Amicus Parties National Immigration Law Center, Northwest Immigrant Rights Project. (Attachments: #1 Exhibit Proposed Brief of Amicus Curiae, #2 Proposed Order) (Kang, Leila) |
| Filing 25 NOTICE of Appearance by attorney Leila Kang on behalf of Amicus Parties National Immigration Law Center, Northwest Immigrant Rights Project. (Kang, Leila) |
| Filing 24 NOTICE of Appearance by attorney Matt Adams on behalf of Amicus Parties Northwest Immigrant Rights Project, National Immigration Law Center. (Adams, Matt) |
| Filing 23 NOTICE of Appearance by attorney Aaron Korthuis on behalf of Amicus Parties Northwest Immigrant Rights Project, National Immigration Law Center. (Korthuis, Aaron) |
| Filing 22 STIPULATION AND PROPOSED ORDER Amending Briefing Schedule by parties (Hughes, Andrew) |
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Filing 21
ORDER granting #20 Motion for Leave to File Amicus Brief in Support of Plaintiff's Motion for Summary Judgment: The amicus brief attached as Exhibit A to the Motion for Leave is hereby deemed filed. Signed by Judge Barbara J. Rothstein.(MW)
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| Attorney Jessica C. Kerr for Amici Curiae Former U.S. Government Officials added; per #19 Notice of Appearance. (MW) |
| Filing 20 MOTION for Leave to File Amicus Brief in Support of Plaintiff's Motion for Summary Judgment, filed by Amicus Amici Curiae Former U.S. Government Officials. (Attachments: #1 Exhibit A, #2 Proposed Order) Noting Date 10/25/2019, (Ewart, Michael) |
| Filing 19 NOTICE of Appearance by attorney Michael J Ewart on behalf of Amicus Amici Curiae Former U.S. Government Officials. (Ewart, Michael) |
| Filing 18 DECLARATION of Kathy L. Oline filed by Plaintiff State of Washington re #16 MOTION for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(Hughes, Andrew) |
| Filing 17 DECLARATION of Andrew Hughes filed by Plaintiff State of Washington re #16 MOTION for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hughes, Andrew) |
| Filing 16 MOTION for Summary Judgment , filed by Plaintiff State of Washington. (Attachments: #1 Proposed Order)(Hughes, Andrew) |
| Filing 15 AMENDED COMPLAINT for Declaratory Judgment and Injunctive Relief against All Defendants, filed by State of Washington. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hughes, Andrew) |
| Filing 14 NOTICE of Appearance by attorney Brendan C Selby on behalf of Plaintiff State of Washington. (Selby, Brendan) |
| Filing 13 NOTICE of Appearance by attorney Martha Rodriguez-Lopez on behalf of Plaintiff State of Washington. (Rodriguez-Lopez, Martha) |
| Filing 12 RECEIPT of CD containing administrative record re #9 (Placed in 1 accordion folder in Seattle Clerk's Office filing shelf) (MW) |
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Filing 11
STIPULATION AND ORDER Establishing Briefing Schedule for Expedited Resolution of this Case and Prohibiting Defendants' Obligation of Funds Authorized to be Appropriated for Naval Base Kitsap Prior to a Decision by this Court re parties' #10 Stipulation. Signed by Judge Barbara J. Rothstein. (TH)
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| Filing 10 STIPULATION AND PROPOSED ORDER Establishing Briefing Schedule by parties (Hughes, Andrew) |
| Filing 9 ADMINISTRATIVE RECORD For Border Barrier Projects Undertaken Pursuant to 10 U.S.C. 2808 filed by Defendants David Bernhardt, Matthew Donovan, Mark T Esper, Kevin K McAleenan, Ryan D McCarthy, Steven T Mnuchin, Richard V Spencer, Donald J Trump, US Department of Defense, US Department of Homeland Security, US Department of the Interior, US Department of the Treasury, United States of America. (Attachments: #1 Exhibit Administrative Record - Part 1, #2 Exhibit Administrative Record - Part 2, #3 Exhibit Administrative Record - Part 3, #4 Exhibit Certification of Administrative Record)(Warden, Andrew) |
| Filing 8 NOTICE of Appearance by attorney Andrew I Warden on behalf of Defendants David Bernhardt, Matthew Donovan, Mark T Esper, Kevin K McAleenan, Ryan D McCarthy, Steven T Mnuchin, Richard V Spencer, Donald J Trump, US Department of Defense, US Department of Homeland Security, US Department of the Interior, US Department of the Treasury, United States of America. (Warden, Andrew) |
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Filing 7
STANDING ORDER FOR CIVIL CASES. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. Signed by Judge Barbara J. Rothstein. (RM)
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Filing 6
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 11/22/2019, FRCP 26f Conference Deadline is 11/8/2019, Initial Disclosure Deadline is 11/15/2019, by Judge Barbara J. Rothstein. (RM)
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| Filing 5 CERTIFICATE OF SERVICE by Plaintiff State of Washington re #2 Praecipe for a Summons, #1 Complaint, (Hughes, Andrew) |
| Filing 4 Summons(es) Electronically Issued as to defendant(s) All Defendants (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons)(SNP) |
| Filing 3 NOTICE TO FILER: re #1 Complaint,. Notice of Filing Deficiency** Action Required ** See attached letter for more information and instructions. (SNP) |
| Filing 2 PRAECIPE TO ISSUE SUMMONS re #1 Complaint, by Plaintiff State of Washington (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons)(Hughes, Andrew) |
| Filing 1 COMPLAINT for Declaratory Judgment and Injunctive Relief against All Defendants (Receipt # 0981-5932115), filed by State of Washington. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Hughes, Andrew) |
| Judge Barbara J. Rothstein added. (SNP) |
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