State of California et al v. Trump et al

Filing 267

ORDER of USCA, as to 259 Notice of Appeal, filed by U.S. Department of Homeland Security, Ryan D. McCarthy, David Bernhardt, Richard V. Spencer, Mark T. Esper, Department of Defense, United States of America, U.S. Department of the Interior, Kevin K. McAleenan, Heather Wilson, Steven T. Mnuchin, U.S. Department of the Treasury, Donald J. Trump, 262 Notice of Cross Appeal to the Ninth Circuit, filed by State of Hawaii, State of Wisconsin, State of California, State of Oregon, State of New Mexico, State of Maryland, Commonwealth of Virginia, State of New York, State of Colorado (jjbS, COURT STAFF) (Filed on 1/24/2020)

Case: 19-17501, 01/24/2020, ID: 11573917, DktEntry: 32, Page of 3
Case 4:19-cv-00872-HSG Document 267 Filed 01/24/20 Page 11 of 3

FILED
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

SIERRA CLUB; SOUTHERN BORDER
COMMUNITIES COALITION,
Plaintiffs-Appellees,

No.

JAN 24 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

19-17501

D.C. No. 4:19-cv-00892-HSG
Northern District of California,
Oakland

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

ORDER

Defendants-Appellants.

STATE OF CALIFORNIA; et al.,
Plaintiffs-Appellees,
v.
DONALD J. TRUMP, in his official
capacity as President of the United States
of America; et al.,
Defendants-Appellants.

No.

19-17502

D.C. No. 4:19-cv-00872-HSG
Northern District of California,
Oakland

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Case 4:19-cv-00872-HSG Document 267 Filed 01/24/20 Page 22 of 3

STATE OF CALIFORNIA; et al.,

Nos. 20-15044

Plaintiffs-Appellants,

D.C. No. 4:19-cv-00872-HSG
Northern District of California,
Oakland

and
STATE OF CONNECTICUT; et al.,
Plaintiffs,
v.
DONALD J. TRUMP, in his official
capacity as President of the United States
of America; et al.,
Defendants-Appellees.

Before: THOMAS, Chief Judge, and WARDLAW and COLLINS, Circuit Judges.

Defendants have filed a motion to consolidate case No. 19-17501 with the
Defendants’ appeal and the States’ cross-appeal in case Nos. 19-17502 & 2015044, to revise the Court’s briefing schedules, and to address the oral argument
calendar. Plaintiffs have filed separate responses. Both request that oral argument
be scheduled for the March calendar, and the States propose their own modified
briefing schedule.

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Case: 19-17501, 01/24/2020, ID: 11573917, DktEntry: 32, Page of 3
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The Court grants Defendants’ motion to consolidate the cases for the
purposes of oral argument and briefing. The Court also vacates its prior briefing
schedule and adopts the States’ modified proposed briefing schedule. Defendants’
opening brief is due January 24, 2020. Sierra Club Case plaintiffs’ response brief
and the States’ combined response brief and opening brief on cross-appeal are due
February 13, 2020. Defendants’ combined reply brief and response brief on crossappeal is due on February 27, 2020. The States’ optional reply brief on crossappeal is due on March 2, 2020. Oral argument is scheduled for the week of
March 9, 2020. The date and time will be scheduled at a later date. The Court
continues to have the pending emergency motion to lift the stay pending appeal
under advisement.

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