Regents of University of California et al v. United States Department of Homeland Security et al

Filing 102

ORDER GRANTING STIPULATION REGARDING AMICUS BRIEFING AS MODIFIED by Judge William Alsup granting as modified (101) Stipulation in case 3:17-cv-05211-WHA.Associated Cases: 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(whalc1, COURT STAFF) (Filed on 10/25/2017)

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Jeffrey M. Davidson (SBN 248620)
Alan Bersin (SBN 63874)
COVINGTON & BURLING LLP
One Front Street, 35th Floor
San Francisco, CA 94111-5356
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail],
[e-mail]
Attorneys for Plaintiffs The Regents of the University of
California and Janet Napolitano, in her official capacity as
President of the University of California

XAVIER BECERRA
Attorney General of California
MICHAEL L. NEWMAN
Supervising Deputy Attorney General
JAMES F. ZAHRADKA II (SBN 196822)
1515 Clay Street, 20th Floor
P.O. Box 70550
Oakland, CA 94612-0550
Telephone: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff STATE OF CALIFORNIA

THEODORE J. BOUTROUS, JR. (SBN 132099)
ETHAN D. DETTMER (SBN 196046)
JESSE S. GABRIEL (SBN 263137)
333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail],
[e-mail];
[e-mail]
Attorneys for Plaintiffs Dulce Garcia, Miriam Gonzalez
Avila, Saul Jimenez Suarez, Viridiana Chabolla Menodza,
Norma Ramirez, and Jirayut
Latthivongskorn

JOSEPH W. COTCHETT (SBN 36324)
NANCY L. FINEMAN (SBN 124870)
COTCHETT, PITRE & McCARTHY, LLP
San Francisco Airport Office Center
840 Malcolm Road, Suite 200
Burlingame, CA 94010
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff City of San Jose

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA and JANET NAPOLITANO,
in her official capacity as President of the
University of California,
Plaintiffs,

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JONATHAN WEISSGLASS (SBN 185008)
STACEY M. LEYTON (SBN 203827)
ERIC P. BROWN (SBN 284245)
ALTSHULER BERZON LLP
177 Post Street, Suite 300
San Francisco, CA 9108
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiffs County of Santa Clara and
Service Employees International Union Local 521

CASE NO. 17-CV-05211-WHA
STIPULATION AND [PROPOSED]
ORDER REGARDING AMICUS
BRIEFING AS MODIFIED

v.

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U.S. DEPARTMENT OF HOMELAND
SECURITY and ELAINE DUKE, in her
official capacity as Acting Secretary of the
Department of Homeland Security,

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Defendants.

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Law Offices
COTCHETT, PITRE &
MCCARTHY, LLP

STIPULATION AND [PROPOSED] ORDER REGARDING AMICUS BRIEFING;
ALL DACA CASES (NOS. 17-5211, 17-5235, 17-5329, 17-5380, 17-5813)

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STATE OF CALIFORNIA, STATE OF
MAINE, STATE OF MARYLAND, and
STATE OF MINNESOTA,

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Plaintiffs,

CASE NO. 17-CV-05235-WHA
STIPULATION AND [PROPOSED]
ORDER REGARDING AMICUS
BRIEFING

v.
U.S. DEPARTMENT OF HOMELAND
SECURITY, ELAINE DUKE, in her official
capacity as Acting Secretary of the Department
of Homeland Security, and the UNITED
STATES OF AMERICA,

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Defendants.

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CITY OF SAN JOSE, a municipal corporation,

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Plaintiffs,
v.

CASE NO. 17-CV-05329-WHA
STIPULATION AND [PROPOSED]
ORDER REGARDING AMICUS
BRIEFING

DONALD J. TRUMP, President of the United
States, in his official capacity, ELAINE C.
DUKE, in her official capacity, and the
UNITED STATES OF AMERICA,

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Defendants.

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DULCE GARCIA, MIRIAM GONZALEZ
AVILA, SAUL JIMENEZ SUAREZ,
VIRIDIANA CHABOLLA MENDOZA,
NORMA RAMIREZ, and JIRAYUT
LATTHIVONGSKORN,

CASE NO. 17-CV-05380-WHA
STIPULATION AND [PROPOSED]
ORDER REGARDING AMICUS
BRIEFING

Plaintiffs,

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v.
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UNITED STATES OF AMERICA, DONALD
J. TRUMP, in his official capacity as President
of the United States, U.S. DEPARTMENT OF
HOMELAND SECURITY, and ELAINE
DUKE, in her official capacity as Acting
Secretary of Homeland Security,
Defendants.

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Law Offices
COTCHETT, PITRE &
MCCARTHY, LLP

STIPULATION AND [PROPOSED] ORDER REGARDING AMICUS BRIEFING;
ALL DACA CASES (NOS. 17-5211, 17-5235, 17-5329, 17-5380, 17-5813)

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COUNTY OF SANTA CLARA and
SERVICE EMPLOYEES INTERNATIONAL
UNION LOCAL 521

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Plaintiffs,

CASE NO. 17-CV-05813-WHA
STIPULATION AND [PROPOSED]
ORDER REGARDING AMICUS
BRIEFING

v.
DONALD J. TRUMP, in his official capacity
as President of the United States, JEFFERSON
BEAUREGARD SESSIONS, in his official
capacity as Attorney General of the United
States; ELAINE C. DUKE, in her official
capacity as Acting Secretary of the Department
of Homeland Security; and the U.S.
DEPARTMENT OF HOMELAND
SECURITY,
Defendants.

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Law Offices
COTCHETT, PITRE &
MCCARTHY, LLP

STIPULATION AND [PROPOSED] ORDER REGARDING AMICUS BRIEFING;
ALL DACA CASES (NOS. 17-5211, 17-5235, 17-5329, 17-5380, 17-5813)

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Plaintiffs The Regents of the University of California, Janet Napolitano, in her official

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capacity as President of the University of California, the States of California, Maine, Maryland,

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and Minnesota, Dulce Garcia, Miriam Gonzalez Avila, Saul Jimenez Suarez, Viridiana Chabolla

4 Mendoza, Norma Ramirez, Jirayut Latthivongskorn, City of San Jose, County of Santa Clara and
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Service Employees International Union Local 521, and Defendants United States Department of

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Homeland Security, Acting Secretary of Homeland Security Elaine Duke in her official capacity,

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United States of America, President Donald J. Trump in his official capacity, and Attorney General

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Jefferson Beauregard Sessions in his official capacity in each of the five above referenced cases

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stipulate as follows:

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WHEREAS each party expects that there will be persons and entities who wish to file an

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amicus brief supporting one side or the other in the motions to be filed on November 1, 2017 and

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that some of the amici will be filing joint briefs;

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WHEREAS the Court has limited the amicus briefs to fifteen (15) pages, which would
include the identity and interest of the amici;
WHEREAS it benefits the Court, the parties, and the public to have a procedure in place
before the amicus briefs are due to govern the filing of the amicus briefs;
THEREFORE, the parties suggest that the Court adopt the following procedure for persons
wishing to file an amicus brief:
Each person who wishes to file an amicus brief shall:


attachment the amicus brief;

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File all administrative motions and attached amicus briefs on the same day as the
brief it supports;

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File an administrative motion for leave to file an amicus brief, including as an

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Include in the administrative motion for leave: (A) a concise statement of the

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identity of the amicus curiae; (B) the movant’s interest; and (C) the reason why an

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amicus brief is desirable and why the matters asserted are relevant to the disposition
of the issues before the Court;

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COTCHETT, PITRE &

STIPULATION AND [PROPOSED] ORDER REGARDING AMICUS BRIEFING;
ALL DACA CASES (NOS. 17-5211, 17-5235, 17-5329, 17-5380, 17-5813)

MCCARTHY, LLP

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Law Offices

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

Not file a proposed amicus brief in excess of fifteen (15) pages in length and the

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amici may not submit evidentiary material, so their briefs should include everything

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within their 15 pages;

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

File all documents electronically through the court’s Electronic Case Filing system.

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That will require any attorneys signing the motions and briefs to be or become ECF

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Users and be assigned user IDs and passwords for access to the system. Forms and

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instructions can be found on the Court’s website at ecf.cand.uscourts.gov.

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 ***
Any attorney who is not a member of the bar of this Court must apply to appear

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pro hac vice in accordance with our Civil Local Rule 11-3 in order to file an
amicus brief in this action.

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

The Court will take the administrative motions for leave under submission and, if

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granted, may consider the briefs. Amici curiae will not be allowed to address the

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Court during the oral argument on the motions, absent further order from the Court.

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IT IS SO STIPULATED.

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Dated: October 25, 2017

COTCHETT, PITRE & McCARTHY, LLP
OFFICE OF THE CITY ATTORNEY
RICHARD DOYLE
NORA FRIMANN

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/s/ Nancy L. Fineman
NANCY L. FINEMAN

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Attorneys for Plaintiff City of San Jose

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Dated: October 25, 2017

COVINGTON & BURLING LLP
/s/ Jeffrey M. Davidson
JEFFREY M. DAVIDSON
Attorneys for Plaintiffs The Regents of the
University of California and Janet Napolitano,
in her official capacity as President of the
University of California

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COTCHETT, PITRE &

STIPULATION AND [PROPOSED] ORDER REGARDING AMICUS BRIEFING;
ALL DACA CASES (NOS. 17-5211, 17-5235, 17-5329, 17-5380, 17-5813)

MCCARTHY, LLP

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Law Offices

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Dated: October 25, 2017

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/s/ James F. Zahradka II
JAMES F. ZAHRADKA II
Deputy Attorney General
Attorneys for Plaintiff State of California

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XAVIER BECERRA
Attorney General of California

Dated: October 25, 2017

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JANET T. MILLS
Attorney General of Maine
/s/ Susan P. Herman
SUSAN P. HERMAN
Deputy Attorney General
Attorneys for Plaintiff State of Maine

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Dated: October 25, 2017

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/s/ Steven M. Sullivan
STEVEN M. SULLIVAN
Solicitor General
Attorneys for Plaintiff State of Maryland

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Dated: October 25, 2017

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Dated: October 25, 2017

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GIBSON, DUNN & CRUTCHER LLP
/s/ Ethan Dettmer
ETHAN DETTMER
Attorneys for Plaintiffs Dulce Garcia, Miriam
Gonzalez Avila, Saul Jimenez Suarez,
Viridiana Chabolla Mendoza, Norma Ramirez,
and Jirayut Latthivongskorn

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LORI SWANSON
Attorney General
State of Minnesota
/s/ Julianna F. Passe
JULIANNA F. PASSE
Assistant Attorney General
Attorneys for Plaintiff State of Minnesota

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BRIAN E. FROSH
Attorney General of Maryland

Dated: October 25, 2017

ALTSHULER BERZON LLP
/s/ Jonathan Weissglass
JONATHAN WEISSGLASS
Attorneys for Plaintiffs County of Santa Clara
and Service Employees International Union
Local 521

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COTCHETT, PITRE &

STIPULATION AND [PROPOSED] ORDER REGARDING AMICUS BRIEFING;
ALL DACA CASES (NOS. 17-5211, 17-5235, 17-5329, 17-5380, 17-5813)

MCCARTHY, LLP

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Law Offices

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Dated: October 25, 2017

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OFFICE OF THE COUNTY COUNSEL
COUNTY OF SANTA CLARA
/s/ James R. Williams
JAMES R. WILLIAMS
Attorneys for Plaintiff County of Santa Clara

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Dated: October 25, 2017

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U.S. DEPARTMENT OF JUSTICE
CHAD A. READLER
Acting Assistant Attorney General
BRIAN J. STRETCH
Unites States Attorney
JENNIFER D. RICKETTS
Director, Federal Programs Branch
JOHN R. TYLER
Assistant Director, Federal Programs Branch
/s/ Brad P. Rosenberg
BRAD P. ROSENBERG
Senior Trial Counsel
Attorneys for Defendants

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FILER’S ATTESTATION

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Pursuant to Local Rule 5-1(h)(3), I attest under penalty of perjury that concurrence in the
filing of the document has been obtained from each of the other Signatories.

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Dated: October 25, 2017

/s/ Nancy L. Fineman
Nancy L. Fineman

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COTCHETT, PITRE &

STIPULATION AND [PROPOSED] ORDER REGARDING AMICUS BRIEFING;
ALL DACA CASES (NOS. 17-5211, 17-5235, 17-5329, 17-5380, 17-5813)

MCCARTHY, LLP

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Law Offices

[PROPOSED] ORDER

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IT IS SO ORDERED that the procedure set forth above regarding the filing of amicus

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briefs shall be followed by any person wishing to submit an amicus brief for the motions to

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be filed on November 1, 2017.

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Dated: October __, 2017.

ER

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Judge W

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IT IS
IFIED
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______________________________________
HONORABLE WILLIAM H. ALSUP
D
UNITED STATES ORDERE JUDGE
SO DISTRICT

UNIT
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N

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OF

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COTCHETT, PITRE &

STIPULATION AND [PROPOSED] ORDER REGARDING AMICUS BRIEFING;
ALL DACA CASES (NOS. 17-5211, 17-5235, 17-5329, 17-5380, 17-5813)

MCCARTHY, LLP

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Law Offices