State of California et al v. Trump et al

Filing 74

Joint ADMINISTRATIVE MOTION for Relief from Automatic Referral to the ADR Multi-Option Program re 5 Initial Case Management Scheduling Order with ADR Deadlines, filed by State of California and all Defendants. Responses due by 4/23/2019. (Attachments: # 1 Proposed Order)(Sherman, Lee) (Filed on 4/19/2019) Modified on 4/22/2019 (jjbS, COURT STAFF).

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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, et al.;
v.

JOINT ADMINISTRATIVE MOTION
Plaintiffs, FOR RELIEF FROM AUTOMATIC
REFERRAL TO THE ADR MULTIOPTION PROGRAM

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

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

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SIERRA CLUB and SOUTHERN
BORDER COMMUNITIES COALITION;
Plaintiffs,
v.
DONALD J. TRUMP, President of the
United States, in his official capacity, et al.;
Defendants.

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

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Joint Admin. Mot. for Relief from Automatic Ref. to ADR (4:19-cv-00872-HSG/4:19-cv-00892-HSG)

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INTRODUCTION
Pursuant to Civil Local Rule 7-11 and ADR Local Rule 3-3(c) the parties jointly request

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that the Court excuse them from automatic mandatory participation in the Court’s Alternative

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Dispute Resolution Multi-Option Program (“ADRMOP” or “Alternative Dispute Resolution

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Program”).

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DISCUSSION
Counsel for the parties have reviewed the Court’s handbook entitled “Alternative Dispute

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Resolution Procedures Handbook,” as well as the Court’s Alternative Dispute Resolution

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(“ADR”) Local Rules. The parties have further conferred, and are in agreement that the nature of

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the instant suit—which challenges Defendants’ diversion of federal funding for construction of a

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wall on the southern border between the United States and Mexico—renders it a poor fit for

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inclusion in the Alternative Dispute Resolution Program, in that the issues presented are not

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amenable to resolution by any of the various process offered by the ADMOP. Accordingly, the

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parties respectfully and jointly request relief from the Court’s automatic and mandatory referral to

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that program, and specifically that their participation in the ADRMOP be excused. The parties

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respectfully submit that the requested relief will appropriately conserve the time and resources not

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only of the parties themselves, but also of the staff of the Court’s ADR Unit.

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CONCLUSION
For the reasons set forth above, the parties respectfully request that the Court grant their
joint administrative motion for relief from the Alternative Dispute Resolution Program.

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1
Joint Admin. Mot. for Relief from Automatic Ref. to ADR (4:19-cv-00872-HSG/4:19-cv-00892-HSG)

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Dated: April 19, 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 Attorney General
Attorneys for Plaintiff
State of California

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/s/ Dror Ladin
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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]
*Admitted pro hac vice
Attorneys for Plaintiffs in 4:19-cv-892-HSG

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Joint Admin. Mot. for Relief from Automatic Ref. to ADR (4:19-cv-00872-HSG/4:19-cv-00892-HSG)

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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
/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

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Joint Admin. Mot. for Relief from Automatic Ref. to ADR (4:19-cv-00872-HSG/4:19-cv-00892-HSG)

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ATTESTATION OF SIGNATURES
I, Lee I. Sherman, hereby attest, pursuant to Local Civil Rule 5-1(i)(3) of the Northern
District of California, that concurrence in the filing of this document has been obtained from each
signatory hereto.

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/s/ Lee I. Sherman
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LEE I. SHERMAN
Deputy Attorney General
Attorney for Plaintiff
State of California

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Joint Admin. Mot. for Relief from Automatic Ref. to ADR (4:19-cv-00872-HSG/4:19-cv-00892-HSG)