State of California et al v. Trump et al

Filing 273

JOINT STATEMENT IN RESPONSE TO ORDER TO SHOW CAUSE 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 all Plaintiffs. (Warden, Andrew) (Filed on 2/14/2020) Modified on 2/18/2020 (jjbS, COURT STAFF).

1
2
3
4
5
6
7
8
9
10
11
12

DAVID M. MORRELL
Deputy Assistant Attorney General
ALEXANDER K. HAAS
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

13

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

14
15
16

STATE OF CALIFORNIA, et al.,

17

Plaintiffs,

18
v.

No. 4:19-cv-00872-HSG
No. 4:19-cv-00892-HSG

19
20

DONALD J. TRUMP, et al.,
Defendants.

21

JOINT STATEMENT IN
RESPONSE TO THE COURT’S
FEBRUARY 7, 2020 ORDER

22
23

SIERRA CLUB, et al.,

24
25
26
27

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

28

State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Joint Statement re: Case Closure
Sierra Club et al. v. Donald J. Trump, et al., 4:19-cv-00892-HSG – Joint Statement re: Case Closure

1

The parties hereby submit the following joint statement in response to the Court’s

2

February 7, 2020 Order to Show Cause why judgment should not be entered and the above-

3

captioned cases closed.

4

The parties agree that all of the claims asserted by Plaintiffs challenging Defendants’

5

funding and construction of border barriers in fiscal year 2019 have been fully and finally

6

resolved by the Court. However, in light of Defendants’ notification on February 13, 2020, that

7

the Department of Defense intends to fund and construct additional border barrier projects in

8

fiscal year 2020 as soon as March 15, 2020, relying on identical statutory authorities as those

9

examined by this Court, the parties anticipate litigating these new projects shortly. The parties

10

agree that it would be more efficient for this litigation to be addressed in the context of the current

11

civil actions given the extensive history of these cases and the parties’ expectation that litigation

12

over the fiscal year 2020 projects will likely involve many of the same issues as the prior

13

litigation.

14

To avoid any potential procedural complications with the pending appeals by continuing

15

to litigate these matters in the above-captioned cases, the parties agree that Plaintiffs will bring

16

the new challenges to Defendants’ actions as to fiscal year 2020 by amending the currently

17

operative complaints to include new claims addressing the 2020 actions.

18

For these reasons, the parties respectfully request that these cases remain open to litigate

19

Plaintiffs’ anticipated challenges to Defendants’ funding and construction of border barrier

20

projects in fiscal year 2020.

21
22
23

DATE: February 14, 2020

Respectfully submitted,

24
25
26
27

DAVID M. MORRELL
Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch

28
State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Joint Statement re: Case Closure
Sierra Club et al. v. Donald J. Trump, et al., 4:19-cv-00892-HSG – Joint Statement re: Case Closure
1

1

ANTHONY J. COPPOLINO
Deputy Director, Federal Programs Branch

2
3
4

/s/ Andrew I. Warden
ANDREW I. WARDEN (IN #23840-49)
Senior Trial Counsel

5
6
7
8
9
10
11
12

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

13
14
15

24

/s/ Dror Ladin
Dror Ladin
Noor Zafar
Jonathan Hafetz
Hina Shamsi
Omar C. Jadwat
American Civil Liberties Union Foundation
125 Broad Street, 18th Floor
New York, NY 10004
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

25

Attorneys for Plaintiffs in 4:19-cv-892-HSG

16
17
18
19
20
21
22
23

26
27
28
State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Joint Statement re: Case Closure
Sierra Club et al. v. Donald J. Trump, et al., 4:19-cv-00892-HSG – Joint Statement re: Case Closure
2

1
2
3
4
5
6
7
8
9
10

XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
MICHAEL L. NEWMAN
Senior Assistant Attorneys General
HARRISON M. POLLACK
Acting Senior Assistant Attorney General
MICHAEL P. CAYABAN
CHRISTINE CHUANG
EDWARD H. OCHOA
Supervising Deputy Attorneys General
BRIAN J. BILFORD
SPARSH S. KHANDESHI
HEATHER C. LESLIE
JANELLE M. SMITH
LEE I. SHERMAN

11
12
13
14
15
16
17

/s/ James F. Zahradka II
JAMES F. ZAHRADKA II
Deputy Attorneys General
1515 Clay Street, Suite 2000
Oakland, CA 94612
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiffs 4:19-cv-872-HSG

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 – Joint Statement re: Case Closure
Sierra Club et al. v. Donald J. Trump, et al., 4:19-cv-00892-HSG – Joint Statement re: Case Closure
3