State of California et al v. Trump et al

Filing 67

STIPULATION WITH PROPOSED ORDER For Order Extending Page Limits For Preliminary Injunction Briefs, Staying Defendants' Response to the Amended Complaints, and Staying Initial Case Management Activity filed by Department of Defense, David Bernhardt, Mark T. Esper, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, 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. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 4/10/2019) Modified on 4/11/2019 (jjbS, COURT STAFF).

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JOSEPH H. HUNT
Assistant Attorney General
JOHN R. GRIFFITHS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director, Federal Programs Branch
ANDREW I. WARDEN (IN #23840-49)
Senior Trial Counsel
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

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

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STATE OF CALIFORNIA, et al.,
Plaintiffs,

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v.
DONALD J. TRUMP, et al.,

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Defendants.

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SIERRA CLUB, et al.,

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

Plaintiffs,

STIPULATED REQUEST FOR
ORDER EXTENDING PAGE
LIMITS FOR PRELIMINARY
INJUNCTION BRIEFS, STAYING
DEFENDANTS’ RESPONSE
TO THE AMENDED
COMPLAINTS, AND STAYING
INITIAL CASE MANAGEMENT
ACTIVITY

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

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State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Stipulation and Proposed Order
Sierra Club et. al. v. Donald J. Trump, et al., 4:19-cv-00892-HSG – Stipulation and Proposed Order
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Pursuant to Local Rule 6-2 and 7-12, the Plaintiffs and Defendants in the abovecaptioned cases stipulate and agree as follows:
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On April 4 and 8, 2019, Plaintiffs in Sierra Club (ECF No. 29) and California

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(ECF No. 59) respectively filed separate motions for preliminary injunctions related to

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Defendants’ alleged diversion of federal funds and resources for construction of barriers along

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the southern border of the United States. On April 9, 2019, the Court entered orders in both

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cases establishing a briefing and hearing schedule for the motions. In light of the range of

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issues to be addressed, the parties agree there is good cause to extend the page limits for the

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parties’ briefs. The parties agree Defendants may file separate opposition briefs in both cases

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not to exceed 35 pages. The parties further agree that Plaintiffs in Sierra Club may file a reply

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brief not to exceed 25 pages, in light of their shorter opening brief, and Plaintiffs in California

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may file a reply brief not to exceed 20 pages.

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2.

The parties further agree that any amicus briefs shall be filed on or before May 2,

2019 and shall not exceed 20 pages in length.
3.

In accordance with Federal Rule of Civil Procedure 12(a)(2) and 15(a)(3), the

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Defendants’ deadline to respond to the Amended Complaint in California (ECF No. 47) is April

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22, 2019, and May 3, 2019 for the Amended Complaint in Sierra Club (ECF No. 26). The

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parties agree that Defendants’ obligation to respond to the Amended Complaints shall be stayed

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pending a ruling on the motions for preliminary injunction. The parties further agree to file a

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joint status report to govern further proceedings, including Defendants’ response to the

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Amended Complaints, 14 days after the Court’s ruling on the motions for preliminary

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injunction.

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5.

On February 19, 2019 in California (ECF No. 5) and February 20, 2019 in Sierra

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Club (ECF No. 5), the Court entered nearly-identical orders establishing initial case

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management deadlines. Plaintiffs and Defendants agree to stay all initial case management

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activity and discovery pending the Court’s resolution of the motions for preliminary injunction

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and the parties’ submission of the joint status reports to govern further proceedings in the

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respective actions. The parties further agree the stay includes the deadlines in the Court’s initial
State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Stipulation and Proposed Order
Sierra Club et. al. v. Donald J. Trump, et al., 4:19-cv-00892-HSG – Stipulation and Proposed Order
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case management orders to conduct the Rule 26(f) conference by April 30; to file the Rule 26(f)

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report and case management statement by May 14; and to provide initial disclosures by May 14.

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The parties reserve their respective rights to seek leave of Court to lift the stay of initial case

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management activity and discovery as appropriate.

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6.

In light of the stay of initial case management activity and discovery, the parties

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agree that the case management conference currently scheduled for May 21, 2019, should be

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vacated.

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7.

On April 8, 2019, Plaintiffs in California filed a Motion to Shorten Time to Hear

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Plaintiffs’ Motion for Preliminary Injunction (ECF No. 60), which the Court denied as moot in

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setting the schedule in the California case in its April 9 Order (ECF No. 63). No other previous

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extensions of time or modifications to the schedule have been requested in these cases.

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8.

Approving this stipulation would not impact any other deadlines in this case.

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9.

Pursuant to Local Rule 6-2(a), undersigned counsel for Defendants has submitted

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a declaration in support of this stipulation.

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the
parties, subject to the Court’s approval, that:

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(1) Defendants’ oppositions to the motions for preliminary injunction shall not exceed

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35 pages in length. Plaintiffs in Sierra Club may file a reply brief not to exceed 25 pages and

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Plaintiffs in California may file a reply not to exceed 20 pages.

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(2) Any amicus briefs shall be filed on or before May 2, 2019, and shall not exceed 20
pages in length.
(3) Defendants’ response to the Amended Complaints in the above-captioned cases is

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stayed pending a ruling on the motions for preliminary injunction. The parties shall file a joint

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status report to govern further proceedings, including Defendants’ response to the Amended

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Complaint, 14 days after the Court’s ruling on the motions for preliminary injunction.

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(4) All initial case management activity and discovery is stayed pending resolution of

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the motions for preliminary injunction and the parties’ submission of the joint status report to
State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Stipulation and Proposed Order
Sierra Club et. al. v. Donald J. Trump, et al., 4:19-cv-00892-HSG – Stipulation and Proposed Order
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govern further proceedings in the respective actions. The stay includes the deadlines in the

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Court’s initial case management orders to conduct the Rule 26(f) conference by April 30; to file

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the Rule 26(f) report and case management statement by May 14; and to provide initial

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disclosures by May 14.

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(5) The case management conference currently scheduled for May 21, 2019, is vacated.

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A proposed order is attached.

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DATE: April 10, 2019

Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
JOHN R. GRIFFITHS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director, Federal Programs Branch
/s/ Andrew I. Warden
ANDREW I. WARDEN (IN #23840-49)
Senior Trial Counsel
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
/s/ Dror Ladin
Dror Ladin
Noor Zafar
Jonathan Hafetz
Hina Shamsi
Omar C. Jadwat
American Civil Liberties Union Foundation
125 Broad Street, 18th Floor

State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Stipulation and Proposed Order
Sierra Club et. al. v. Donald J. Trump, et al., 4:19-cv-00892-HSG – Stipulation and Proposed Order
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New York, NY 10004
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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

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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
LEE I. SHERMAN
Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiffs 4:19-cv-872-HSG

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State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Stipulation and Proposed Order
Sierra Club et. al. v. Donald J. Trump, et al., 4:19-cv-00892-HSG – Stipulation and Proposed Order
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DECLARATION
I declare, under penalty of perjury, that the factual assertions contained in this stipulation
are true and correct to the best of my knowledge.

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/s/ Andrew I. Warden
ANDREW I. WARDEN (IN Bar No. 23840-49)

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State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Stipulation and Proposed Order
Sierra Club et. al. v. Donald J. Trump, et al., 4:19-cv-00892-HSG – Stipulation and Proposed Order