Garcia et al v. United States of America et al

Filing 12

CASE MANAGEMENT SCHEDULING ORDER FOR ALL DACA ACTIONS IN THIS DISTRICT: Bench Trial set for 2/5/2018 07:30 AM before Hon. William Alsup. Motion Hearing set for 12/20/2017 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Pretrial Conference set for 1/24/2018 02:00 PM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.. Signed by Judge Alsup on 9/22/2017. (whalc1, COURT STAFF) (Filed on 9/22/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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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,

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Plaintiffs,

No. C 17-05211 WHA
No. C 17-05235 WHA
No. C 17-05329 WHA
No. C 17-05380 WHA

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

CASE MANAGEMENT
ORDER FOR ALL DACA
ACTIONS IN THIS DISTRICT

Defendants.

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After a case management conference at which counsel in all four cases spoke and with

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the benefit of some agreements, the Court now sets the following case management schedule for

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all DACA cases in this district:

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1.

The four above-numbered civil actions in this district all challenge the

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rescission of the DACA program by the United States Department of

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Homeland Security. All of these related cases will be coordinated

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(and possibly later consolidated for trial) as follows.

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2.

The four sets of plaintiffs are referred to collectively herein as “all

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plaintiffs,” and various defendants in the four cases are referred to

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collectively herein as “all defendants.”

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3.

All parties shall serve their initial disclosures under FRCP 26, and all
defendants shall file and serve the administrative record by NOON ON

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OCTOBER 6, 2017. After a party makes its FRCP 26 disclosure, it may

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take discovery. All plaintiffs shall be permitted to serve up to a

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combined total of TWENTY INTERROGATORIES and TWENTY

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DOCUMENT REQUESTS, all narrowly directed, plus a reasonable

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number of depositions. All defendants may serve an equal number of

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interrogatories and document requests plus a reasonable number of

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depositions. The time to respond to all discovery requests is cut in

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United States District Court
For the Northern District of California

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half. All discovery disputes are hereby REFERRED to MAGISTRATE

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JUDGE SALLIE KIM to be heard and determined on an expedited

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schedule.

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4.

A tutorial on DACA, the history of “deferred action,” the history of

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APA rulemaking for deferred action programs and for analogous

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contexts, and immigration procedure generally is set for OCTOBER 3,

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2017, AT 8:00 A.M. One or more counsel for each side shall present.

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Please avoid argument and adhere to updating the judge on the

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historical and administrative context.

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5.

Motions for summary judgment, provisional relief, or to dismiss are

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due by NOON ON NOVEMBER 1, 2017. All plaintiffs shall file one

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joint brief on their statutory claims, and another on their constitutional

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claims, each brief limited to 25 PAGES. A plaintiff may, if truly

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essential, add a very short supplemental brief on any point unique to

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that plaintiff. All defendants may file a joint brief in support of their

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own motion of up to 50 PAGES but the Court would prefer that the

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briefing be divided between two memoranda, one devoted to statutory

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claims and one devoted to constitutional claims, both adding to fifty or

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fewer pages. Any amicus brief must be filed on the same date as the
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brief it supports, each limited to 15 PAGES. Amici may not submit

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evidentiary material, so their briefs should include everything within

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their 15 pages.

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6.

Summary judgment and provisional relief motions must be supported

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by proper declarations under oath. Simply attaching exhibits to briefs

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will not do. Foundation must be laid under oath. Motions to dismiss,

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however, need only be directed to the complaints, but if extraneous

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matter is referenced, then it too must be supported by declaration.

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7.

Oppositions are due by NOON ON NOVEMBER 22, 2017. The

United States District Court
For the Northern District of California

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oppositions shall be organized to mirror the organization of the

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openings. No brief shall exceed the length of the relevant opening

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brief. All plaintiffs shall file a single joint opposition, and all

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defendants shall file a single joint opposition, each party being

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permitted to file a short individual supplement to the extent truly

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needed for issues unique to that party.

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8.

There will be no page limit on declarations and exhibits, but please be

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reasonable. All exhibits for a side should be included in that side’s

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joint and tabbed appendix of exhibits (the tabs should protrude for

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ease of reference). The “individual” exhibits should be included in the

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joint appendix as well. The exhibits should be numbered. The

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appendix, however, should not include any item already in the

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administrative record. Please highlight in yellow any cited passage.

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Declarations laying foundation for admissibility may simply refer to

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the exhibits by tab number.

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9.

Reply briefs are due by NOON ON DECEMBER 8, 2017. The replies

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shall be organized to mirror the organization of the openings (and the

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oppositions). The briefs shall not exceed half of the pages used in the

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opposition briefs to which they respond (not to exceed 30 PAGES in
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any event). There shall be no reply declarations except for very good

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cause, the Court being of the view that it is unfair for a movant to

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deprive the other side of its chance to respond to evidentiary material.

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If a brief quotes from any deposition or other exhibit, then the brief

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should quote the entire passage, not just the helpful part. Please do the

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same for quotations from case law.

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10.

A hearing on all motions is set for DECEMBER 20, 2017, AT 8:00 A.M.

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11.

If necessary, a BENCH TRIAL will be held on FEBRUARY 5, 2018, AT

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United States District Court
For the Northern District of California

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7:30 A.M., with a FINAL PRETRIAL CONFERENCE to be held on
JANUARY 24, 2018, AT 2:00 P.M.
For now, all filings should be made in any civil action to which they pertain and, for the

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sake of coordination, in the low-numbered action (No. C 17-05211 WHA). Counsel shall confer

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and recommend any better way of organizing the filing system for these cases, including, for

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example, the possibility of filing everything in the low-numbered action and thereby deeming it

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to be filed in all actions. Counsel may also stipulate to tweaks in the wording of this order (but

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not to its substance or timeline). Any such fully-stipulated modifications must be submitted by

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SEPTEMBER 29, AT NOON, failing which this order shall control.

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IT IS SO ORDERED.

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Dated: September 22, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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