State of California et al v. Trump et al

Filing 262

NOTICE OF CROSS APPEAL as to 257 Order on Motion for Partial Summary Judgment, 258 Clerk's Judgment by Commonwealth of Virginia, State of California, State of Colorado, State of Hawaii, State of Maryland, State of New Mexico, State of New York, State of Oregon, State of Wisconsin. (Appeal fee of $505 receipt number 0971-14046863 paid.) Appeal Record due by 1/21/2020. (Leslie, Heather) (Filed on 1/7/2020) Modified on 1/8/2020 (jjbS, COURT STAFF).

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XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
MICHAEL L. NEWMAN
Senior Assistant Attorneys General
EDWARD H. OCHOA
Acting Senior Assistant Attorney General
MICHAEL P. CAYABAN
CHRISTINE CHUANG
Supervising Deputy Attorneys General
BRIAN J. BILFORD
SPARSH S. KHANDESHI
LEE I. SHERMAN
JANELLE M. SMITH
JAMES F. ZAHRADKA II
HEATHER C. LESLIE (SBN 305095)
Deputy Attorneys General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff State of California

IN THE UNITED STATES DISTRICT COURT
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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Plaintiffs, PLAINTIFF STATES OF CALIFORNIA,
COLORADO, HAWAII, MARYLAND,
v.
NEW MEXICO, NEW YORK, OREGON,
VIRGINIA, AND WISCONSIN’S
NOTICE OF CROSS-APPEAL
DONALD J. TRUMP, in his official
capacity as President of the United States of Judge:
The Honorable Haywood S.
America et al.;
Gilliam, Jr.
Trial Date:
None set
Defendants. Action Filed: February 18, 2019

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

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

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PLEASE TAKE NOTICE THAT Plaintiff States of California, Colorado, Hawaii,

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Maryland, New Mexico, New York, Oregon, and Wisconsin, and the Commonwealth of Virginia

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

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

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Summary Judgment and Denying Defendants’ Motions for Partial Summary Judgment (ECF No.

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257) and the associated Judgment (ECF No. 258) insofar as this Court denied Plaintiff States’

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requests for relief.

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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 Cross-Appeal.

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Dated: January 7, 2020

Respectfully submitted,

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XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
MICHAEL L. NEWMAN
Senior Assistant Attorneys General
EDWARD H. OCHOA
Acting Senior Assistant Attorney General
MICHAEL P. CAYABAN
CHRISTINE CHUANG
Supervising Deputy Attorneys General

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/s/ Heather C. Leslie

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HEATHER C. LESLIE
BRIAN J. BILFORD
SPARSH S. KHANDESHI
LEE I. SHERMAN
JANELLE M. SMITH
JAMES F. ZAHRADKA II
Deputy Attorneys General
Attorneys for Plaintiff State of California

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PHILIP J. WEISER
Attorney General of Colorado
ERIC R. OLSON (appearance pro hac vice)
Solicitor General
Attorneys for Plaintiff State of Colorado

CLARE E. CONNORS
Attorney General of Hawaii
ROBERT T. NAKATSUJI (appearance pro
hac vice)
Deputy Solicitor General
Attorneys for Plaintiff State of Hawaii

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

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BRIAN E. FROSH
Attorney General of Maryland
JEFFREY P. DUNLAP (appearance pro hac vice)
Assistant Attorney General
Attorneys for Plaintiff State of Maryland

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
Civil Rights Bureau Chief
Attorneys for Plaintiff State of New Mexico

LETITIA JAMES
Attorney General of New York
MATTHEW COLANGELO (appearance pro hac
vice)
Chief Counsel for Federal Initiatives
STEVEN C. WU
Deputy Solicitor General
ERIC R. HAREN
Special Counsel
GAVIN MCCABE
Special Assistant Attorney General
AMANDA MEYER
Assistant Attorney General
Attorneys for Plaintiff State of New York

ELLEN ROSENBLUM
Attorney General of Oregon
J. NICOLE DEFEVER
Senior Assistant Attorney General
Attorneys for Plaintiff State of Oregon

MARK R. HERRING
Attorney General of Virginia
TOBY J. HEYTENS
Solicitor General, Counsel of Record
MICHELLE S. KALLEN
MARTINE E. CICCONI
Deputy Solicitors General
JESSICA M. SAMUELS
Assistant Solicitor General
ZACHARY R. GLUBIAK (appearance pro hac
vice)
Attorney
Attorneys for the Commonwealth of Virginia

JOSHUA L. KAUL
Attorney General of Wisconsin
GABE JOHNSON-KARP (appearance pro
hac vice)
Assistant Attorney General
Attorneys for Plaintiff State of Wisconsin

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

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ATTESTATION OF SIGNATURES
I, Heather C. Leslie, hereby attest, pursuant to Civil Local 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/ Heather C. Leslie

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HEATHER C. LESLIE
Deputy Attorney General
Attorney for Plaintiff
State of California

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Plaintiffs’ Notice of 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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Heather C. Leslie
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
The Office of the Attorney General, for the State of Colorado, represents Plaintiff the
State of Colorado in this matter.

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Eric Olson
Solicitor General
1300 Broadway, 10th Floor
Denver, CO 80203
Telephone: [phone]
E-mail: [e-mail]
The Office of the Attorney General, for the State of Hawaii, represents Plaintiff the State
of Hawaii in this matter.

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Robert Nakatsuji
First Deputy Solicitor General
Department of the Attorney General
425 Queen Street
Honolulu, HI 96813
Telephone: [phone]
E-mail: [e-mail]

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The Office of the Attorney General, for the State of Maryland, represents Plaintiff the

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State of Maryland in this matter.
Jeffrey Dunlap
Assistant Attorney General
200 Saint Paul Place
Baltimore, MD 21202
Telephone: [phone]
E-mail: [e-mail]

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

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The Office of the Attorney General, for the State of New Mexico, represents Plaintiff the
State of New Mexico in this matter.

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

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

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State of New York in this matter.

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Steven Wu
Deputy Solicitor General
28 Liberty Street
New York, NY 10005
Telephone: [phone]
E-mail: [e-mail]

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The Office of the Attorney General, for the State of Oregon, represents Plaintiff the State

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of Oregon in this matter.

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Benjamin Gutman
Solicitor General
100 SW Market Street
Portland, OR 97201
Telephone: [phone]
E-mail: [e-mail]

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The Office of the Attorney General, for the Commonwealth of Virginia, represents

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Plaintiff the Commonwealth in this matter.
Zachary Glubiak
John Marshall Fellow
Office of the Attorney General
202 North 9th Street
Richmond, VA 23219
Telephone: [phone]
E-mail: [e-mail]

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

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The Office of the Attorney General, for the State of Wisconsin, represents Plaintiff the
State of Wisconsin in this matter.
Gabe Johnson-Karp
Assistant Attorney General
Wisconsin Department of Justice
17 West Main Street
Madison, WI 53703
Telephone: [phone]
E-mail: [e-mail]
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 the

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Secretary of Defense; Ryan D. McCarthy, in his official capacity as Secretary of the Army;

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Thomas B. Modly, in his official capacity as Acting Secretary of the Navy; Barbara M. Barrett, in

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her official capacity as Secretary of the Air Force; U.S. Department of the Treasury; Steven T.

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Mnuchin, in his official capacity as Secretary of the Treasury; U.S. Department of the Interior;

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

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Homeland Security; and Chad F. Wolf, in his official capacity as Acting Secretary of Homeland

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Security.1

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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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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 Secretary of Defense, Ryan D. McCarthy
replaced Mark T. Esper as Secretary of the Army, Thomas B. Modly replaced Richard V. Spencer
as Acting Secretary of the Navy, Barbara M. Barrett replaced Matthew Donovan who replaced
Heather Wilson as the Secretary of the Air Force, and Chad F. Wolf replaced Kevin K.
McAleenan who replaced Kirstjen M. Nielsen as the Acting Secretary of Homeland Security.
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Plaintiffs’ Notice of Cross-Appeal (4:19-cv-00872-HSG)