La Clinica De La Raza et al v. Trump et al

Filing 182

Order by Judge Phyllis J. Hamilton granting 179 Motion for Leave to File Motion for Reconsideration.(pjhlc1S, COURT STAFF) (Filed on 9/9/2020)

Case 4:19-cv-04980-PJH Document 182 Filed 09/09/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LA CLINICA DE LA RAZA, et al.,

v.

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DONALD J. TRUMP, et al.,
Defendants.

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United States District Court
Northern District of California

Case No. 19-cv-04980-PJH

Plaintiffs,

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ORDER GRANTING MOTION FOR
LEAVE TO FILE MOTION FOR
RECONSIDERATION
Re: Dkt. No. 179

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Before the court is plaintiffs’ motion for leave to file a motion for reconsideration.

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Dkt. 179. The motion is unopposed.
Local Rule 7-9(a) requires that a party obtain leave of the court before filing a

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motion for reconsideration. Plaintiffs argue that, subsequent to the court’s opinion

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granting in part, denying in part, and deferring ruling on in part defendants’ motion to

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dismiss, (Dkt. 177), defendants have represented to other courts and publicly that former

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Acting Secretary of Homeland Security Kevin McAleenan, was not appointed pursuant to

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the Federal Vacancies Reform Act. Dkt. 179 at 3. Plaintiffs also contend that the

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Government Accountability Office has issued a decision that McAleenan was not properly

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appointed as Acting Secretary. Id. If true, these are sufficient reasons to grant leave to

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file a motion for reconsideration. Civ. L.R. 7-9(b). As such, the court GRANTS plaintiffs’

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motion for leave to file a motion for reconsideration.
Plaintiffs may file their motion for reconsideration no later than September 10,

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2020. Defendants shall file their response by September 24, 2020.

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Case 4:19-cv-04980-PJH Document 182 Filed 09/09/20 Page 2 of 2

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Plaintiffs may file a reply within one week of defendants’ response.
IT IS SO ORDERED.
Dated: September 9, 2020
/s/ Phyllis J. Hamilton
PHYLLIS J. HAMILTON
United States District Judge

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United States District Court
Northern District of California

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