United States of America v. State of California et al

Filing 199

JOINT STATUS REPORT by United States of America. (Genova, Francesca)

Case 2:18-cv-00490-JAM-KJN Document 199 Filed 07/31/18 Page 1 of 3

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

CHAD A. READLER
Acting Assistant Attorney General
MCGREGOR SCOTT
United States Attorney
AUGUST FLENTJE
Special Counsel
WILLIAM C. PEACHEY
Director
EREZ REUVENI
Assistant Director
FRANCESCA GENOVA
Office of Immigration Litigation
U.S. Department of Justice, Civil Division
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Tel. [phone]
[e-mail]
DAVID SHELLEDY
Civil Chief, Assistant United States Attorney
LAUREN C. BINGHAM
KATHRYNE GRAY
JOSEPH A. DARROW
JOSHUA S. PRESS
Trial Attorneys
Attorneys for the United States

16

UNITED STATES DISTRICT COURT

17

EASTERN DISTRICT OF CALIFORNIA

18

THE UNITED STATES OF AMERICA,

19
20
21
22
23
24
25
26
27
28

Plaintiff,
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,
Defendants.

Case No. 2:18-cv-490-JAM-KJN
JOINT STATUS REPORT

Case 2:18-cv-00490-JAM-KJN Document 199 Filed 07/31/18 Page 2 of 3

1
2
3

In response to the Court’s order (ECF 197), the parties provide their following positions on
how this case should proceed.
I. Plaintiff’s Position

4

Plaintiff the United States hereby respectfully requests an order staying the case while the

5

parties determine whether to appeal this Court’s order granting in part and denying in part the United

6

States’ motion for preliminary injunction (ECF 193). The United States believes that a stay is

7

appropriate because, should either party appeal, resolution of that appeal will impact ongoing

8

proceedings in the district court, such that a stay will preserve this Court’s and the parties’ resources.

9

Plaintiff proposes that the Court order the parties to provide a status update on September 4, 2018,

10

the date on which notices of appeal are due, that addresses the propriety of continuing any such stay.

11

II. Defendants’ Position

12

Defendants the State of California, Edmund Gerald Brown Jr., and Xavier Becerra hereby

13

respectfully request an order continuing the filing of a joint status report with suggested dates for

14

discovery cut-off, expert witness disclosure, filing of dispositive motions, pretrial conference and trial

15

(ECF 197). A brief continuance of the joint status report is needed while the parties determine whether

16

to appeal this Court’s order granting in part and denying in part the United States’ motion for

17

preliminary injunction (ECF 193) and how a potential appeal would impact ongoing proceedings in

18

the district court. Defendants believe that a brief continuance is appropriate at this juncture to preserve

19

this Court’s and the parties’ resources. Defendants propose that the parties provide a joint status

20

report on September 4, 2018, the date on which notices of appeal are due, that addresses how they

21

anticipate this case will proceed in this Court and if appropriate, suggest dates for discovery cut-off,

22

expert witness disclosures, filing of dispositive motions, pretrial conference and trial. Lastly,

23

Defendants intend to request from the Court the unsealing of non-confidential portions of facility

24

contracts designated by Plaintiff as confidential under the Court’s Protective Order and the parties are

25

currently meeting and conferring with respect to that issue.

26
27

DATED: July 31, 2018

Respectfully Submitted,

28
-1-

Case 2:18-cv-00490-JAM-KJN Document 199 Filed 07/31/18 Page 3 of 3

1
2
3
4
5
6
7
8
9
10
11
12
13

XAVIER BECERRA
Attorney General of California
THOMAS PATTERSON
Senior Assistant Attorney General
MICHAEL NEWMAN
SATOSHI YANAI
Supervising Deputy Attorneys General
CHRISTINE CHUANG
ANTHONY HAKL
CHEROKEE MELTON
LEE I. SHERMAN
Deputy Attorneys General
State Bar No. 272271
300 S. Spring Street
Los Angeles, CA 90013
Telephone: [phone]
Respectfully Submitted,
XAVIER BECERRA
Attorney General of California
/s/ Christine Chuang
Deputy Attorney General
Attorneys for Defendants

CHAD A. READLER
Acting Assistant Attorney General
MCGREGOR SCOTT
United States Attorney
AUGUST FLENTJE
Special Counsel
WILLIAM C. PEACHEY
Director
EREZ REUVENI
Assistant Director
/s/ Francesca Genova
FRANCESCA GENOVA
U.S. Department of Justice, Civil Division
Office of Immigration Litigation
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

14
15

DAVID SHELLEDY
Civil Chief, Assistant United States Attorney

16

LAUREN C. BINGHAM
JOSEPH A. DARROW
KATHRYNE GRAY
JOSHUA S. PRESS
Trial Attorneys

17
18
19
20

Attorneys for Plaintiff

21
22
23
24
25
26
27
28
-2-