State of California et al v. Trump et al

Filing 192

STIPULATION WITH PROPOSED ORDER Modifying Summary Judgment Briefing Schedule on Claims Related to 10 U.S.C. § 2808 and the Treasury Forfeiture Fund filed by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson, and Plaintiff States. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 7/8/2019) Modified on 7/9/2019 (jjbS, COURT STAFF).

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JAMES M. BURNHAM
Deputy Assistant Attorney General
JOHN R. GRIFFITHS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director, Federal Programs Branch
ANDREW I. WARDEN (IN #23840-49)
Senior Trial Counsel
KATHRYN C. DAVIS
MICHAEL J. GERARDI
LESLIE COOPER VIGEN
RACHAEL WESTMORELAND
Trial Attorneys
U.S. Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, NW
Washington, D.C. 20530
Tel.: [phone]
Fax: [phone]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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STATE OF CALIFORNIA, et al.,

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Plaintiffs,
v.
DONALD J. TRUMP, et al.,

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Defendants.

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No. 4:19-cv-00872-HSG
STIPULATED REQUEST FOR
ORDER MODIFYING SUMMARY
JUDGMENT BRIEFING
SCHEDULE ON CLAIMS
RELATED TO 10 U.S.C.
§ 2808 AND THE TREASURY
FORFEITURE FUND

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Pursuant to Local Rule 6-2 and 7-12, the Plaintiffs and Defendants in the abovecaptioned case stipulate and agree as follows:
1.

On June 7, 2019, the Court entered a scheduling order in the above-captioned

case establishing deadlines for the parties to brief cross-motions for summary judgment for the

State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Stipulation and Proposed Order
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two remaining sets of claims in the case: 10 U.S.C § 2808 (national emergency military

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construction) and 31 U.S.C. § 9705 (Treasury Forfeiture Fund). See ECF No. 174. The Acting

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Secretary of Defense has not yet decided to undertake or authorize any barrier construction

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projects under section 2808. Accordingly, the parties jointly request that the Court stay

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summary judgment briefing on the section 2808 claims until such time as the Acting Secretary

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makes a decision to authorize border barrier construction pursuant to that authority. The parties

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will submit a proposed briefing schedule for the section 2808 claims within 10 days of a

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decision by the Acting Secretary. Plaintiff States may need to move for a temporary restraining

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order or motion for preliminary injunction pending resolution of the motion for summary

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judgment, and expressly reserve their right to do so.
2.

With respect to the Treasury Forfeiture Fund claims, the parties jointly request a

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one-week extension of the current briefing schedule to enable the parties to complete discovery

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related to these claims. The parties have been working diligently to complete discovery, but

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Defendants require several additional days to complete document production and Plaintiffs

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request sufficient time to incorporate that discovery into their summary judgment motion,

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which is currently due July 11. Accordingly, the parties jointly agree to extend the current

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briefing deadlines by an additional seven days as follows:

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July 18

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August 1

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August 15

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August 22

Plaintiffs’ motion for summary judgment
Defendants’ Opposition to Plaintiffs’ Motion for
Summary Judgment and Cross-Motion for Summary
Judgment
Plaintiffs’ Oppositions to Defendants’ Cross-Motion for
Summary Judgment and Reply in Support of Plaintiffs’
Motion for Summary Judgment
Defendants’ Reply in Support of Cross-Motion for
Summary Judgment

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3.

The parties agree that the motion hearing currently scheduled in this case for

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August 29, 2019 at 2:00 p.m. should remain in place to address the Treasury Forfeiture Fund

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claims. However, if the Court prefers holding a hearing a week later as a result of the change in

State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Stipulation and Proposed Order
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schedule, the parties are able to participate at a hearing on September 5, 2019 at 2:00 p.m.

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4.

Approving this stipulation would not impact any other deadlines in this case.

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5.

Pursuant to Local Rule 6-2(a), undersigned counsel for Defendants has submitted

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a declaration in support of this stipulation.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the
parties, subject to the Court’s approval, that:

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(1) Summary judgment briefing on the section 2808 claims is stayed;

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(2) The parties will submit a proposed schedule for briefing the section 2808 claims

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within 10 days of a decision by the Acting Secretary of Defense;
(3) The current briefing deadlines for the Treasury Forfeiture Fund claims are extended
by an additional seven days;
(4) The motion hearing set for August 29, 2019 at 2:00 p.m. remains as scheduled to
address the Treasury Forfeiture Fund claims, unless the Court orders otherwise.

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A proposed order is attached.

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State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Stipulation and Proposed Order
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DATE: July 8, 2019

Respectfully submitted,
JAMES M. BURNHAM
Deputy Assistant Attorney General
JOHN R. GRIFFITHS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director, Federal Programs Branch
/s/ Andrew I. Warden
ANDREW I. WARDEN (IN #23840-49)
Senior Trial Counsel
U.S. Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, NW
Washington, D.C. 20530
Tel.: [phone]
Fax: [phone]
Attorneys for Defendants
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
HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA II
/s/ Lee I. Sherman
LEE I. SHERMAN
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
and on Behalf of the Other Plaintiff States
4:19-cv-872-HSG

State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Stipulation and Proposed Order
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DECLARATION
I declare, under penalty of perjury, that the factual assertions contained in this stipulation
are true and correct to the best of my knowledge.

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/s/ Andrew I. Warden
ANDREW I. WARDEN (IN Bar No. 23840-49)

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State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Stipulation and Proposed Order