State of California et al v. Trump et al

Filing 57

ADMINISTRATIVE MOTION To enlarge page limits in support of motion for injunctive relief filed by State of California. Responses due by 4/18/2019. (Attachments: # 1 Proposed Order, # 2 Declaration of Lee Sherman, # 3 Notice of Motion & Motion for Preliminary Injunction, # 4 Proposed Order, # 5 Appendix of Declarations re: TFF, # 6 Appendix of Declarations re: Environmental, # 7 Request for Judicial Notice, # 8 Certificate/Proof of Service)(Sherman, Lee) (Filed on 4/4/2019)

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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
LEE I. SHERMAN (SBN 272271)
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

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELAWARE; STATE OF HAWAII;
STATE OF ILLINOIS; STATE OF
MAINE; STATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICHIGAN;
STATE OF MINNESOTA; STATE OF
NEVADA; STATE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEALTH OF
VIRGINIA; and STATE OF WISCONSIN

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Case No. 4:19-cv-00872-HSG
ADMINISTRATIVE MOTION TO
EXCEED APPLICABLE PAGE LIMITS
FOR PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION
Judge:

Honorable Haywood S. Gilliam,
Jr.
Trial Date:
None Set
Action Filed: February 18, 2019

Plaintiffs,
v.

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Admin. Mot. to Exceed Applicable Page Limits for Pls’ Mot. for Prelim. Inj. (4:19-cv-00872-HSG)

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DONALD J. TRUMP, in his official capacity
as President of the United States of America;
UNITED STATES OF AMERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
M. SHANAHAN, in his official capacity as
Acting Secretary of Defense; MARK T.
ESPER, in his official capacity as Secretary of
the Army; RICHARD V. SPENCER, in his
official capacity as Secretary of the Navy;
HEATHER WILSON, in her official capacity
as Secretary of the Air Force; U.S.
DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCHIN, in his official
capacity as Secretary of the Treasury; U.S.
DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting Secretary of the Interior; U.S.
DEPARTMENT OF HOMELAND
SECURITY; KIRSTJEN M. NIELSEN, in
her official capacity as Secretary of Homeland
Security;
Defendants.

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Admin. Mot. to Exceed Applicable Page Limits for Pls’ Mot. for Prelim. Inj. (4:19-cv-00872-HSG)

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NOTICE OF MOTION AND MOTION FOR ADMINISTRATIVE RELIEF
PLEASE TAKE NOTICE that Plaintiff States hereby move under N.D. Cal. Civil Local

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Rule 7-11 for an order authorizing Plaintiff States to file an oversize brief in excess of the page

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limit in support of a Motion for Preliminary Injunction (PI Motion) that is attached to this

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Administrative Motion. To address the numerous legal issues involved in the PI Motion and

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include sufficient evidence of harm for the numerous Plaintiff States that are seeking relief,

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Plaintiff States request an additional 10 pages—or 35 pages total—for their PI Motion. The

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applicable rule (N.D. Cal. Civil Local Rule 7-2) would limit the PI Motion to 25 pages.

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DISCUSSION
Good cause exists to grant this Administrative Motion. In the PI Motion, Plaintiff States

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are seeking to prevent Defendants from diverting federal funds and resources toward construction

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of a border wall for the pendency of this litigation. Plaintiff States are asserting a likelihood of

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success on numerous statutory and constitutional claims to contest Defendants’ unlawful

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redirection of funds and resources appropriated for other purposes towards border wall

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construction, and to challenge Defendants’ plan to proceed with border wall construction without

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complying with the National Environmental Policy Act.

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Plaintiff States request additional pages so they can provide necessary details regarding

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Defendants’ actions and sufficient analysis of the underlying statutes and constitutional principles

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relevant to Plaintiff States’ claims. Declaration of Lee I. Sherman ¶ 4. Plaintiff States also

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request additional pages for their PI Motion to outline the evidence of irreparable harm that

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supports that Motion. There are twenty states moving for relief and while Plaintiff States are

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endeavoring to be concise in their briefing, additional pages are required given the variety of

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claims raised and number of Plaintiff States involved in the PI Motion. Id. ¶ 5.

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Plaintiff States were not able to meet and confer with Defendants concerning this request

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for additional pages because counsel for Defendants have not yet appeared in this litigation or

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submitted notices of appearance. Id. ¶ 6. Therefore, Plaintiff States were not able to obtain a

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stipulation from Defendants concerning the relief sought in this Motion. Id. If this

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Administrative Motion is granted, Plaintiff States would not oppose a request from Defendants
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Admin. Mot. to Exceed Applicable Page Limits for Pls’ Mot. for Prelim. Inj. (4:19-cv-00872-HSG)

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(collectively) seeking leave to file excess pages in response to Plaintiffs’ PI Motion, where

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Defendants’ response also would be limited to 35 pages total. Id. ¶ 7.

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For the reasons set forth above, Plaintiff States respectfully requests that the Court GRANT

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their Administrative Motion for leave to exceed the applicable limits for its PI Motion, and deem

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FILED the Plaintiff States’ PI Motion that is attached to this Administrative Motion.

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Dated: April 4, 2019

Respectfully submitted,

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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

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/s/ Lee I. Sherman

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LEE I. SHERMAN
Deputy Attorneys General
Attorneys for Plaintiff

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Admin. Mot. to Exceed Applicable Page Limits for Pls’ Mot. for Prelim. Inj. (4:19-cv-00872-HSG)