In re: USA, et al v. USDC-CASF

Filing

Filed Order for PUBLICATION (KIM MCLANE WARDLAW, RONALD M. GOULD and PAUL J. WATFORD) The court has received the government s November 17, 2017 emergency stay motion. The response to the motion is due Monday, November 20, 2017, at 12:00 p.m. PST, and the optional reply is due Monday, November 20, 2017, at 5:00 p.m. PST. In addition to all other issues the parties wish to raise in the response and reply, the parties shall address whether this court has jurisdiction to grant a stay of proceedings, or whether the motion for a stay should instead be filed in the district court. See Ellis v. U.S. Dist. Court, 360 F.3d 1022 (9th Cir. 2004) (en banc). [10659828]

Case: 17-72917, 11/18/2017, ID: 10659828, DktEntry: 37, Page 1 of 2

FILED

FOR PUBLICATION
UNITED STATES COURT OF APPEALS

NOV 18 2017
MOLLY C. DWYER, CLERK

FOR THE NINTH CIRCUIT
In re: UNITED STATES OF AMERICA;
DONALD J. TRUMP; U.S.
DEPARTMENT OF HOMELAND
SECURITY; ELAINE C. DUKE.
______________________________
UNITED STATES OF AMERICA;
DONALD J. TRUMP; U.S.
DEPARTMENT OF HOMELAND
SECURITY; ELAINE C. DUKE, in her
official capacity as Acting Secretary of the
Department of Homeland Security,
Petitioners,
v.
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF
CALIFORNIA, SAN FRANCISCO,
Respondent,
REGENTS OF THE UNIVERSITY OF
CALIFORNIA; JANET NAPOLITANO,
In her official capacity as President of the
University of California; STATE OF
CALIFORNIA; STATE OF MAINE;
STATE OF MINNESOTA; STATE OF
MARYLAND; CITY OF SAN JOSE;
DULCE GARCIA; MIRIAM GONZALEZ
AVILA; VIRIDIANA CHABOLLA
MENDOZA; NORMA RAMIREZ;
COUNTY OF SANTA CLARA;

SMR/MOATT

No.

U.S. COURT OF APPEALS

17-72917

D.C. Nos. 3:17-cv-05211-WHA
3:17-cv-05235-WHA
3:17-cv-05329-WHA
3:17-cv-05380-WHA
3:17-cv-05813-WHA
Northern District of California,
San Francisco
ORDER

Case: 17-72917, 11/18/2017, ID: 10659828, DktEntry: 37, Page 2 of 2

SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 521;
JIRAYUT LATTHIVONGSKORN;
SAUL JIMENEZ SUAREZ,
Real Parties in Interest.
Before: WARDLAW, GOULD, and WATFORD, Circuit Judges.
The court has received the government’s November 17, 2017 emergency
stay motion. The response to the motion is due Monday, November 20, 2017, at
12:00 p.m. PST, and the optional reply is due Monday, November 20, 2017, at
5:00 p.m. PST.
In addition to all other issues the parties wish to raise in the response and
reply, the parties shall address whether this court has jurisdiction to grant a stay of
proceedings, or whether the motion for a stay should instead be filed in the district
court. See Ellis v. U.S. Dist. Court, 360 F.3d 1022 (9th Cir. 2004) (en banc).

SMR/MOATT

2