State of California et al v. Trump et al

Filing 141

ORDER by Hon. Haywood S. Gilliam, Jr., DIRECTING DEFENDANTS TO SUBMIT STATEMENT. (hsglc3S, COURT STAFF) (Filed on 5/13/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STATE OF CALIFORNIA, et al.,
Plaintiffs,

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DONALD J. TRUMP, et al.,
Defendants.

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United States District Court
Northern District of California

ORDER DIRECTING DEFENDANTS
TO SUBMIT STATEMENT

v.

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Case No.19-cv-00872-HSG

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SIERRA CLUB, et al.,
Plaintiffs,

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v.

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Case No.19-cv-00892-HSG

DONALD J. TRUMP, et al.,
Defendants.

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The Court hereby DIRECTS Defendants to submit a statement of no more than ten (10)

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pages by 5:00 p.m. PDT on May 15, 2019, providing the Court with updated information

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concerning the status of funds proposed to be used for border barrier construction under the

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various disputed statutes. Defendants' statement must cover the following topics:

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(1)

To the extent any information about the status and/or use of funds contained in

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Defendants' oppositions to the pending motions for preliminary injunction has

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changed, updated information;

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(2)

The total amount of funds that DOD has made, and intends to make available in the

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next six months, to DHS in response to any DHS request this fiscal year for DOD

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assistance under Section 284;

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(3)

Of the total amount of funds identified in (2), how much is attributable to funds

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transferred (or to be transferred) into the counter-narcotics support line of the Drug

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Interdiction and Counter-Drug Activities, Defense, account under Section 8005;

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(4)

The amount of unobligated funds that were in the counter-narcotics support line of

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the Drug Interdiction and Counter-Drug Activities, Defense, account before any

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Section 8005 reprogramming;

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(5)

The outcome of the requested "detailed assessment of whether and how specific
military construction projects could support the use of the armed forces in

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addressing the national emergency at the southern border," which Defendants have

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represented was due by May 10, 2019, see Case No. 19-cv-00872, Dkt. No. 89-10

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United States District Court
Northern District of California

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("Rapuano Decl.") ¶ 14; and

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(6)

The outcome of the request for various personnel "to identify, by May 10, 2019,

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existing military construction projects of sufficient value to provide up to $3.6

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billion of funding for [the Acting Secretary of Defense's] consideration," id. ¶ 15.

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IT IS SO ORDERED.
Dated: 05/13/2019

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HAYWOOD S. GILLIAM, JR.
United States District Judge

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