State of California et al v. Trump et al

Filing 199

STIPULATION WITH PROPOSED ORDER Staying Summary Judgment Briefing Schedule on Claims Related to 10 U.S.C. § 2808 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, State of California and other Plaintiff States. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 7/18/2019) Modified on 7/19/2019 (jjbS, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 11 12 13 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.: (202) 616-5084 Fax: (202) 616-8470 Attorneys for Defendants 14 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION 15 16 17 STATE OF CALIFORNIA, et al., 18 19 20 Plaintiffs, v. DONALD J. TRUMP, et al., 21 Defendants. 22 23 24 25 26 27 28 No. 4:19-cv-00872-HSG STIPULATED REQUEST FOR ORDER STAYING SUMMARY JUDGMENT BRIEFING SCHEDULE ON CLAIMS RELATED TO 10 U.S.C. § 2808 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 related State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Stipulation and Proposed Order 1 1 to claims based on 10 U.S.C § 2808 (national emergency military construction). See ECF No. 2 174. The Acting Secretary of Defense has not yet decided to undertake or authorize any barrier 3 construction projects under section 2808. Accordingly, the parties jointly request that the Court 4 stay summary judgment briefing on the section 2808 claims until such time as the Acting 5 Secretary makes a decision to authorize border barrier construction pursuant to that authority. 6 The parties will submit a proposed briefing schedule for the section 2808 claims within 10 days 7 of a decision by the Acting Secretary. Plaintiff States may need to move for a temporary 8 restraining order or motion for preliminary injunction pending resolution of the motion for 9 summary judgment, and expressly reserve their right to do so. 10 3. In light of the agreement to stay briefing on the section 2808 claims, the parties 11 agree that the motion hearing currently scheduled in this case for August 29, 2019 at 2:00 p.m. 12 should be cancelled. 13 4. Approving this stipulation would not impact any other deadlines in this case. 14 5. Pursuant to Local Rule 6-2(a), undersigned counsel for Defendants has submitted 15 16 17 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: 18 (1) Summary judgment briefing on the section 2808 claims is stayed; 19 (2) The parties will submit a proposed schedule for briefing the section 2808 claims 20 21 within 10 days of a decision by the Acting Secretary of Defense; (3) The motion hearing set for August 29, 2019 at 2:00 p.m. in this case is cancelled. 22 23 A proposed order is attached. 24 25 26 27 28 State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Stipulation and Proposed Order 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATE: July 18, 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.: (202) 616-5084 Fax: (202) 616-8470 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: (213) 269-6404 Fax: (213) 897-7605 E-mail: Lee.Sherman@doj.ca.gov 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 3 1 2 3 4 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. 5 6 /s/ Andrew I. Warden ANDREW I. WARDEN (IN Bar No. 23840-49) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Stipulation and Proposed Order

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