United States of America v. State of California et al

Filing 120

MOTION for LEAVE to FILE AMICI CURIAE BRIEF by PICO California, National Council of Jewish Women-California, Franciscan Action Network, Rabbi Jonathan D. Klein. Attorney Hudson, Esra Acikalin added. (Attachments: # 1 Proposed Amici Curiae Brief, # 2 Addendum to Proposed Amici Curiae Brief, # 3 Proposed Order)(Hudson, Esra) Modified on 5/21/2018 (Benson, A.).

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MANATT, PHELPS & PHILLIPS, LLP
ESRA A. HUDSON, Bar No. CA 202881
[e-mail]
DIANA I. IORLANO, Bar No. CA 193359
[e-mail]
JADE H. LEUNG, Bar No. CA 279651
[e-mail]
MICHAEL G. NORDON, Bar No. CA 317078
[e-mail]
11355 West Olympic Boulevard
Los Angeles, California 90064-1614
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Amici
PICO CALIFORNIA; NATIONAL COUNCIL OF
JEWISH WOMEN-CALIFORNIA; FRANCISCAN
ACTION NETWORK; RABBI JONATHAN D.
KLEIN

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THE UNITED STATES OF AMERICA,
Plaintiff,

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v.
THE STATE OF CALIFORNIA;
EDMUND GERALD BROWN JR.,
Governor of California, in his Official
Capacity; and XAVIER BECERRA,
Attorney General of California, in his
Official Capacity,

Case No. 2:18-cv-00490-JAM-KJN
CONSENT MOTION OF AMICI CURIAE
FAITH-BASED ORGANIZATIONS FOR
LEAVE TO FILE AMICI CURIAE BRIEF
IN SUPPORT OF DEFENDANTS’
OPPOSITION TO PRELIMINARY
INJUNCTION
Judge: Hon. John A. Mendez
NO HEARING NOTICED

Defendants.

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES

CONSENT MOTION BY FAITH-BASED ORGANIZATIONS FOR LEAVE TO FILE AMICI CURIAE BRIEF

CONSENT MOTION FOR LEAVE TO FILE AMICI CURIAE BRIEF1

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Proposed amici curiae are the following U.S. faith-based organizations and persons whose

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work includes advocating for or providing aid and resources to recent U.S. immigrants and their

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families: PICO California; Franciscan Action Network (“FAN”); National Council of Jewish

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Women-California (“NCJW”); and Rabbi Jonathan D. Klein, Executive Director of Clergy and

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Laity United for Economic Justice (“CLUE”) (collectively, “Amici”). Counsel for all parties

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have consented to the filing of the brief, and no party opposes the granting of this motion. A

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proposed order has been submitted with this motion.
District courts have broad discretion regarding appointment of an amicus curiae.

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Hoptowitt v. Ray, 682 F.2d 1237, 1260 (9th Cir. 1982). The case before this Court, and the

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preliminary injunction sought by Plaintiff, implicates issues of general public interest. Amici

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submit this brief to provide the Court with their distinct perspective on why the injunction is

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contrary to the public interest. If Plaintiff’s motion for preliminary injunction is granted, Amici,

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and members of their congregations, as well as the public overall, will suffer. An injunction of

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California’s Immigration Worker Protection Act, Dignity Not Detention Act, and California

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Values Act (collectively, the “Challenged Statutes”), will cause faith-based organizations and

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their representatives, such as Amici, from providing religious sanctuary to the most vulnerable

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members of their communities. An injunction would prevent Amici from living in accordance

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with their basic religious principles and tenets.
Accordingly, for the above-stated reasons, Amici respectfully request that this Court grant

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this unopposed motion and accept for filing the attached amicus curiae brief supporting

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Defendant’s Opposition to Plaintiff’s motion for a preliminary injunction.

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This brief is filed with consent of all parties. No party’s counsel authored this brief in whole or in part. No party or
party’s counsel contributed money that was intended to fund preparation or submission of this brief, and no person
other than the amici curiae or their counsel contributed money that was intended to fund preparation or submission of
this brief.

M ANATT , P HELPS &
P HILLIPS , LLP

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ATTORNEYS AT LAW

CONSENT MOTION BY FAITH-BASED ORGANIZATIONS FOR LEAVE TO FILE AMICI CURIAE BRIEF

LOS ANGELES

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CORPORATE DISCLOSURE STATEMENT

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Proposed amici curiae are all non-profit organizations or individual clergymen and

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women. No member of proposed amici curiae has a parent corporation and no publicly held

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corporation owns any portion of it.

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Dated:

May 18, 2018

Respectfully submitted,
/s/Esra Acikalin Hudson
Esra A Hudson
Diana I. Iorlano
Jade H. Leung
Michael G. Nordon
MANATT, PHELPS & PHILLIPS, LLP
11355 W. Olympic Blvd.
Los Angeles, CA 90064
[phone] / Fax [phone]
Counsel For Amici Curiae

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M ANATT , P HELPS &
P HILLIPS , LLP

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ATTORNEYS AT LAW

CONSENT MOTION BY FAITH-BASED ORGANIZATIONS FOR LEAVE TO FILE AMICI CURIAE BRIEF

LOS ANGELES

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CERTIFICATE OF SERVICE
I hereby certify that on May 18, 2018, I electronically filed the foregoing motion for leave

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to file and proposed order, together with the accompanying amici curiae brief and an addendum,

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with the Clerk of the Court for the United States District Court for the Eastern District of

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California. Participants in the case who are registered CM/ECF users will be served by the

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CM/ECF system. Parties may access this filing through the Court’s CM/ECF system.

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/s/ Esra Acikalin Hudson
Council for Amici Curiae

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M ANATT , P HELPS &
P HILLIPS , LLP

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ATTORNEYS AT LAW

CONSENT MOTION BY FAITH-BASED ORGANIZATIONS FOR LEAVE TO FILE AMICI CURIAE BRIEF

LOS ANGELES