State of California et al v. Trump et al

Filing 191

NOTICE OF CROSS APPEAL as to 186 Judgment, 185 Order on Motion for Partial Summary Judgment,,, by State of California, State of New Mexico. (Appeal fee of $505 receipt number 0971-13498158 paid.) Appeal Record due by 8/7/2019. (Sherman, Lee) (Filed on 7/8/2019)

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XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN
Senior Assistant Attorneys General
MICHAEL P. CAYABAN
CHRISTINE CHUANG
EDWARD H. OCHOA
Supervising Deputy Attorneys General
BRIAN J. BILFORD
NOAH M. GOLDEN-KRASNER
SPARSH S. KHANDESHI
HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA II
LEE I. SHERMAN (SBN 272271)
Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff State of California

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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.;

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v.

Case No. 4:19-cv-00872-HSG
Plaintiffs, PLAINTIFF STATES OF CALIFORNIA
AND NEW MEXICO’S NOTICE OF
CONDITIONAL CROSS-APPEAL

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Judge:

The Honorable Haywood S.
Gilliam, Jr.
Trial Date:
None set
Action Filed: February 18, 2019

DONALD J. TRUMP, in his official
capacity as President of the United States of
America et al.;

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Defendants.
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Plaintiffs’ Notice of Conditional Cross-Appeal (4:19-cv-00872-HSG)

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PLEASE TAKE NOTICE THAT Plaintiffs the State of California and the State of New

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Mexico (Plaintiff States) hereby cross-appeal to the United States Court of Appeals for the Ninth

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Circuit from this Court’s Order Granting in Part and Denying in Part Plaintiffs’ Motion for Partial

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Summary Judgment, Denying Defendants’ Motion for Partial Summary Judgment, and Certifying

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Judgment for Appeal (ECF No. 185) and the associated Judgment (ECF No. 186) insofar as this

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Court denied Plaintiff States’ request for a permanent injunction.

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This appeal is conditional. The permanent injunction in favor of the Sierra Club Plaintiffs

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in the related case Sierra Club, et al. v. Trump, et al., No. 19-cv-892 (N.D. Cal. June 28, 2019),

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ECF No. 185, prevents the diversion of federal funds toward the construction of a barrier on the

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southern border of California and New Mexico, which would cause irreparable harm to Plaintiff

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States. So long as the injunction in that case remains in full effect, the Ninth Circuit need not

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reach the issues presented in this appeal.

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Plaintiff States’ Representation Statement, required by Federal Rule of Appellate
Procedure, Rule 12(b), and Ninth Circuit Rule 3-2(b), is attached to this Notice of Appeal.

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Plaintiffs’ Notice of Conditional Cross-Appeal (4:19-cv-00872-HSG)

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Dated: July 8, 2019

Respectfully submitted,

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XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN
Senior Assistant Attorneys General
MICHAEL P. CAYABAN
CHRISTINE CHUANG
EDWARD H. OCHOA
Supervising Deputy Attorneys General
BRIAN J. BILFORD
NOAH M. GOLDEN-KRASNER
SPARSH S. KHANDESHI
HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA II

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/s/ Lee I. Sherman
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LEE I. SHERMAN
Deputy Attorneys General
Attorneys for Plaintiff State of California

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HECTOR BALDERAS
Attorney General of New Mexico
TANIA MAESTAS (appearance pro hac vice)
Chief Deputy Attorney General
NICHOLAS M. SYDOW
Civil Appellate Chief
JENNIE LUSK
Assistant Attorney General, Civil Rights Bureau Chief
MATTHEW L. GARCIA
Governor’s General Counsel
Attorneys for Plaintiff State of New Mexico

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Plaintiffs’ Notice of Conditional Cross-Appeal (4:19-cv-00872-HSG)

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ATTESTATION OF SIGNATURES
I, Lee I. Sherman, hereby attest, pursuant to Local Civil Rule 5-1(i)(3) of the Northern

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District of California that concurrence in the filing of this document has been obtained from each

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signatory hereto.

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/s/ Lee I. Sherman

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LEE I. SHERMAN
Deputy Attorney General
Attorney for Plaintiff
State of California

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Plaintiffs’ Notice of Conditional Cross-Appeal (4:19-cv-00872-HSG)

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REPRESENTATION STATEMENT
Plaintiff States provide this Representation Statement as required by Federal Rule of

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Appellate Procedure, Rule 12(b), and Ninth Circuit Rule 3-2(b). The Office of the Attorney

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General, for the State of California, represents Plaintiff the State of California in this matter.

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Lee Sherman
Deputy Attorney General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

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The Office of the Attorney General, for the State of New Mexico, represents Plaintiff the

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State of New Mexico in this matter.
Tania Maestas
Chief Deputy Attorney General
P.O. Drawer 1508
Santa Fe, NM 87504-1508
Telephone: [phone]
E-mail: [e-mail]

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The United States Department of Justice represents the Defendants in this matter, including:

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Donald J. Trump, in his official capacity as President of the United States of America; United

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States of America; U.S. Department of Defense; Mark T. Esper , in his official capacity as Acting

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Secretary of Defense; Ryan D. McCarthy, senior official performing the duties of the Secretary of

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the Army; Richard V. Spencer, in his official capacity as Secretary of the Navy; Matthew

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Donovan, in his official capacity as Acting Secretary of the Air Force; U.S. Department of the

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Treasury; Steven T. Mnuchin, in his official capacity as Secretary of the Treasury; U.S.

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Department of the Interior; David Bernhardt, in his official capacity as Secretary of the Interior;

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U.S. Department of Homeland Security; and Kevin K. McAleenan, in his official capacity as

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Acting Secretary of Homeland Security. 1

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As required by Rule 25(d) of the Federal Rules of Civil Procedure and Rule 43 (c)(2) of
the Federal Rules of Appellate Procedure, the list of Defendants has been updated to reflect that
Mark T. Esper replaced Patrick M. Shanahan as the Acting Secretary of Defense, Ryan D.
McCarthy is now the senior official performing the duties of the Secretary of the Army now that
Mark T. Esper is the Acting Secretary of Defense, Matthew Donovan replaced Heather Wilson as
the Acting Secretary of the Air Force, and Kevin K. McAleenan replaced Kirstjen M. Nielsen as
the Acting Secretary of Homeland Security.
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Plaintiffs’ Notice of Conditional Cross-Appeal (4:19-cv-00872-HSG)

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H. Thomas Byron III
Assistant Director
Civil Division, Appellate Staff
U.S. Department of Justice
Main (RFK) Room 7529
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Plaintiffs’ Notice of Conditional Cross-Appeal (4:19-cv-00872-HSG)