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)

1
2
3
4
5
6
7
8
9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE NORTHERN DISTRICT OF CALIFORNIA

11

OAKLAND DIVISION

12
13
14
15
16
17
18
19
20
21

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;

Case No. 4:19-cv-00872-HSG
[PROPOSED] ORDER GRANTING
PLAINTIFF STATES’ MOTION FOR
PRELIMINARY INJUNCTION
Date:
Time:
Dept:
Judge:

May 9, 2019
2:00 pm
2
Honorable Haywood S. Gilliam,
Jr.
Trial Date:
None Set
Action Filed: February 18, 2019

22
Plaintiffs,
23
v.
24
25
26
27
28

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
[Proposed] Order Granting Pls.’ Mot. for Prelim. Inj. (4:19-cv-00872-HSG)

1
2
3
4
5
6
7
8
9
10

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.

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[Proposed] Order Granting Pls.’ Mot. for Prelim. Inj. (4:19-cv-00872-HSG)

1

On April 4, 2019, Plaintiffs States of California, Colorado, Connecticut, Delaware, Hawaii,

2

Illinois, Maine, Maryland, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon,

3

Rhode Island, Vermont, Wisconsin, the Commonwealths of Massachusetts and Virginia, and

4

Attorney General Dana Nessel on behalf of the People of Michigan (collectively, Plaintiff States)

5

filed a Motion for Preliminary Injunction (Motion) and a hearing on the Motion was held on

6

Thursday, May 9, 2019 at 2:00 p.m.

7

The Court has considered the Motion and documents filed therewith, all of the papers on

8

file in this action, and the evidence and arguments presented at the hearing, and hereby GRANTS

9

Plaintiff States’ Motion. The Court finds that each of the necessary elements for issuing a

10

preliminary injunction are met. In particular, the Court finds that Plaintiff States are likely to

11

prevail on the merits of their claims; absent a preliminary injunction, Plaintiff States would be

12

likely to suffer irreparable injuries; the balance of the equities favor Plaintiff States; and the

13

requested relief is in the public interest.

14

PRELIMINARY INJUNCTION

15

Now, therefore, it is hereby ORDERED that:

16

Defendants Patrick M. Shanahan, in his official capacity as Acting Secretary of Defense,

17

Mark T. Esper, in his official capacity as Secretary of the Army, Richard V. Spencer, in his

18

official capacity as Secretary of the Navy, Heather Wilson, in her official capacity as Secretary of

19

the Air Force, and the United States of America and the Department of Defense, and their

20

officers, agents, servants, employees, and attorneys, and any other persons who are in active

21

concert or participation with them, ARE HEREBY RESTRAINED AND ENJOINED from

22

committing, or performing directly and indirectly, any and all of the following acts during the

23

pendency of this action: Diverting any funding or resources pursuant to section 8005 of the Fiscal

24

Year 2019 Department of Defense Appropriations Act, P.L. No. 115-245 or 10 U.S.C. section

25

284 toward the construction of any barrier or border-related infrastructure and/or project along the

26

southern border of New Mexico. Further, these Defendants and Defendants Kirstjen M. Nielsen,

27

in her official capacity as Secretary of Homeland Security, and the Department of Homeland

28

Security, and their officers, agents, servants, employees, and attorneys, and any other persons
1
[Proposed] Order Granting Pls.’ Mot. for Prelim. Inj. (4:19-cv-00872-HSG)

1

who are in active concert or participation with them, ARE HEREBY RESTRAINED AND

2

ENJOINED during the pendency of this action from obligating any funding, including but not

3

limited to, the awarding of and/or entering into any contracts, toward the construction of any

4

barrier or border-related infrastructure and/or project along the southern border of New Mexico

5

through the use of any funds diverted pursuant to section 8005 of the Fiscal Year 2019

6

Department of Defense Appropriations Act, P.L. No. 115-245 or 10 U.S.C. section 284.

7

Defendants Steven T. Mnuchin, in his official capacity as Secretary of the Treasury, and the

8

United States of America and the Department of the Treasury, and their officers, agents, servants,

9

employees, and attorneys, and any other persons who are in active concert or participation with

10

them, ARE HEREBY RESTRAINED AND ENJOINED from committing, or performing directly

11

and indirectly, any and all of the following acts during the pendency of this action: Diverting any

12

funding pursuant to 31 U.S.C. section 9705 toward the construction of any barrier or border-

13

related infrastructure and/or project along the southern border of the United States of America.

14

Further, these Defendants and Defendants Kirstjen M. Nielsen, in her official capacity as

15

Secretary of Homeland Security, and the Department of Homeland Security, and their officers,

16

agents, servants, employees, and attorneys, and any other persons who are in active concert or

17

participation with them, ARE HEREBY RESTRAINED AND ENJOINED during the pendency

18

of this action from obligating any funding, including but not limited to, the awarding of and/or

19

entering into any contracts, toward the construction of any barrier or border-related infrastructure

20

and/or project along the southern border of the United States of America through the use of any

21

funds diverted pursuant to 31 U.S.C. section 9705.

22

Defendants Kirstjen M. Nielsen, in her official capacity as Secretary of Homeland Security,

23

Patrick M. Shanahan, in his official capacity as Acting Secretary of Defense, Mark T. Esper, in

24

his official capacity as Secretary of the Army, Richard V. Spencer, in his official capacity as

25

Secretary of the Navy, Heather Wilson, in her official capacity as Secretary of the Air Force, and

26

the United States of America, the Department of Homeland Security, and the Department of the

27

Defense, and their officers, agents, servants, employees, and attorneys, and any other persons who

28

are in active concert or participation with them, ARE HEREBY RESTRAINED AND
2
[Proposed] Order Granting Pls.’ Mot. for Prelim. Inj. (4:19-cv-00872-HSG)

1

ENJOINED from committing, or performing directly and indirectly, any and all of the following

2

acts during the pendency of this action: Taking any further action related to the construction of

3

any barrier or border-related infrastructure and/or project along the southern border of New

4

Mexico unless and until Defendants comply with the National Environmental Policy Act, 42

5

U.S.C. sections 4321-4370m-12.

6

IT IS SO ORDERED.

7

Dated: __________________

8
__________________________________
The Honorable Haywood S. Gilliam, Jr.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

[Proposed] Order Granting Pls.’ Mot. for Prelim. Inj. (4:19-cv-00872-HSG)