State of California et al v. Trump et al

Filing 167

MOTION for Preliminary Injunction filed by State of California. Responses due by 10/10/2019. Replies due by 10/15/2019. (Attachments: # 1 Supplement Request for Judicial Notice, # 2 Declaration of Kevin B. Clark, # 3 Declaration of Nagano, # 4 Declaration of Dunn, # 5 Declaration of Vanderplank, # 6 Proposed Order, # 7 Certificate/Proof of Service)(Cayaban, Michael) (Filed on 5/29/2019) Modified on 5/30/2019 (cpS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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STATE OF CALIFORNIA et al.;

Case No. 4:19-cv-00872-HSG

Plaintiffs, [PROPOSED] ORDER GRANTING
PLAINTIFF CALIFORNIA’S MOTION
v.
FOR PRELIMINARY INJUNCTION
REGARDING EL CENTRO BORDER
DONALD J. TRUMP, in his official capacity WALL PROJECT
as President of the United States of America et
Judge:
Honorable Haywood S. Gilliam,
al.;
Jr.
None Set
Defendants. Trial Date:
Action Filed: February 18, 2019

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[Proposed] Order Granting Pl.’s Mot. for Prelim. Inj. re: El Centro Border Wall Project (4:19-cv-00872-HSG)

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On May 29, 2019, Plaintiff State of California (California or Plaintiff) filed a Motion for

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Preliminary Injunction regarding the El Centro Border Wall Project (Motion). The Court has

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considered the Motion and documents filed therewith, all of the papers on file in this action, and

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hereby GRANTS Plaintiff State of California’s Motion. The Court finds that each of the

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necessary elements for issuing a preliminary injunction are met. In particular, the Court finds that

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Plaintiff State of California is likely to prevail on the merits of its claims; absent a preliminary

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injunction, California would be likely to suffer irreparable injuries; the balance of the equities

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favor California; and the requested relief is in the public interest.

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PRELIMINARY INJUNCTION

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Now, therefore, it is hereby ORDERED that:

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Defendants Patrick M. Shanahan, in his official capacity as Acting Secretary of Defense,

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Mark T. Esper, in his official capacity as Secretary of the Army, Richard V. Spencer, in his

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official capacity as Secretary of the Navy, Heather Wilson, in her official capacity as Secretary of

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the Air Force, and the United States of America and the Department of Defense, and their

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officers, agents, servants, employees, and attorneys, and any other persons who are in active

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concert or participation with them, ARE HEREBY RESTRAINED AND ENJOINED from

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committing, or performing directly and indirectly, any and all of the following acts during the

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pendency of this action: Diverting any funding or resources pursuant to sections 8005 and 9002 of

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the Fiscal Year 2019 Department of Defense Appropriations Act, P.L. No. 115-245 or 10 U.S.C.

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section 284 toward the construction of any barrier or border-related infrastructure and/or project

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along the southern border of California. Further, these Defendants and Defendants Kevin

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McAleenan, in his official capacity as Acting Secretary of Homeland Security, and the

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Department of Homeland Security, and their officers, agents, servants, employees, and attorneys,

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and any other persons who are in active concert or participation with them, ARE HEREBY

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RESTRAINED AND ENJOINED during the pendency of this action from obligating any

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funding, including but not limited to, the awarding of and/or entering into any contracts, toward

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the construction of any barrier or border-related infrastructure and/or project along the southern

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border of California through the use of any funds diverted pursuant to sections 8005 and 9002 of
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[Proposed] Order Granting Pl.’s Mot. for Prelim. Inj. re: El Centro Border Wall Project (4:19-cv-00872-HSG)

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the Fiscal Year 2019 Department of Defense Appropriations Act, P.L. No. 115-245 or 10 U.S.C.

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section 284.

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Defendants Kevin McAleenan, in his official capacity as Acting Secretary of Homeland

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Security, Patrick M. Shanahan, in his official capacity as Acting Secretary of Defense, Mark T.

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Esper, in his official capacity as Secretary of the Army, Richard V. Spencer, in his official

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capacity as Secretary of the Navy, Heather Wilson, in her official capacity as Secretary of the Air

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Force, and the United States of America, the Department of Homeland Security, and the

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Department of the Defense, and their officers, agents, servants, employees, and attorneys, and any

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other persons who are in active concert or participation with them, ARE HEREBY

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RESTRAINED AND ENJOINED from committing, or performing directly and indirectly, any

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and all of the following acts during the pendency of this action: Taking any further action related

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to the construction of any barrier or border-related infrastructure and/or project in the El Centro

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Sector in California unless and until Defendants comply with the National Environmental Policy

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Act, 42 U.S.C. sections 4321-4370m-12.

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IT IS SO ORDERED.

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Dated: __________________

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__________________________________
The Honorable Haywood S. Gilliam, Jr.

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[Proposed] Order Granting Pl.’s Mot. for Prelim. Inj. re: El Centro Border Wall Project (4:19-cv-00872-HSG)