Two parts to this: the public charge rulemaking, the challenges to the final regulations, and the un-rulemaking; and the health coverage proclamation.
Public Charge
Public Charge Rulemaking
Field Guidance on Deportability and Inadmissibility on Public Charge Grounds, 64 Fed. Reg. 28, 689 (March 26, 1999)
Proposed regulations, 83 Fed.Reg. 51114 (Oct. 10, 2018)
Final regulations, 84 Fed.Reg. 41292 (Aug. 14, 2019)
Biden Administration Executive Order calling for review, among other things, of public charge policies, February 2, 2021
The two other executive orders issued that day
Executive Order on the Establishment of Interagency Task Force on the Reunification of Families
Executive Order on Creating a Comprehensive Regional Framework to Address the Causes of Migration
See also Press Secretary Psaki’s press conference, opening remarks, February 2
Dep’t of Homeland Security, Inadmissibility on Public Charge Grounds; Implementation of Vacatur,
March 11, 2021 (non Federal Register version)
86 Fed. Reg. 14,221 (March 15, 2021)
The cases —
Northern California, Nos. 4:19-cv-4717, -4975, -4980 (N.D. Cal.); Nos. 19-17213, 19-17214, 19-35 (9th Cir.), No. 20-962
Northern Illinois, No. 1:19-cv-6334 (N.D. Ill.), Nos. 19-3169 and 20-3150 (7th Cir.), Nos. 19A905 and 20-450
Maryland, No. 8:19-cv-2715 (D. Md.), No. 19-2222 (4th Cir.)
Southern New York, Nos. 1:19-cv-7777 and -7993 (S.D. N.Y); Nos. 19-3591 and 20-2537 (2d Cir.), No. 19A785 and 20-449
Eastern Washington, No. 4:19-cv-5210 (E.D. Wash.), appeal and Supreme Court, see Northern California
The health care proclamation case, No. 3:19-cv-1743 (D. Or.), No. 19-36020 (9th Cir.)
Northern California
City and County of San Francisco v. U.S. C.I.S., No. 4:19-cv-4717 (N.D. Cal.)
Complaint, August 13, 2019
California v. U.S. Dep’t of Homeland Security, No. 4:19-cv-4975 (N.D. Cal.)
Complaint, August 16, 2019
Public Charge Complaint Northern California
La Clinica de la Raza v. Trump, No. 4:19-cv-4980 (N.D. Cal.)
Complaint, August 16, 2019
State’s motion for preliminary injunction, August 26, 2019
Justice in Aging proposed amicus, September 9, 2019
ACLU/CPR/NDRN proposed amicus, September 11, 2019
Order granting amicus motions, September 11, 2019
US preliminary injunction opposition, September 13, 2019
American Academy of Pediatrics/AMA amicus, September 13, 2019
Order denying amicus motions, September 16, 2019
Counties’ reply supporting preliminary injunction, September 20, 2019
State’s reply supporting preliminary injunction, September 20, 2019
Nongovernmental plaintiffs’ reply supporting preliminary injunction, September 20, 2019
Notice of corrected rule, October 1, 2019
Minute entry re oral argument, October 2, 2019
Plaintiffs’ notice re record evidence of harms, October 4, 2019
Plaintiffs’ proposal for injunction, October 7, 2019
US language for injunction, October 7, 2019
Preliminary injunction, October 11, 2019
Motion for stay pending appeal, with declaration and proposed order, October 25, 2019
Notice of appeal, October 30
Ninth Circuit # 19-17213
Ninth Circuit scheduling order, November 1, 2019
Plaintiffs’ opposition to motion for stay pending appeal, November 8, 2019
US waiver of right to reply, request for ruling by November 14, November 8, 2019
Joint motion to revise briefing schedule, November 15, 2019
Emergency motion for injunction pending appeal, November 15, 2019
Scheduling order, November 20, 2019
Response to emergency motion, November 22, 2019
Deans amicus, November 22, 2019
NHLP, etc., amicus, November 22, 2019
Reply supporting stay pending appeal, November 26, 2019
US opening brief, December 4, 2019
Ninth Circuit stay order, December 5, 2019
District court order terminating motion for stay as moot, December 6, 2019
Immigration Law Reform Institute amicus, December 13, 2019
Immigrant and healthcare service organizations amicus, December 27, 2019
9C recon immigrant and healthcare orgz amicus
9C recon immigrant and healthcare orgz amicus brief
20 counties amicus, December 30, 2019
9C 20 counties recon amicus 19-17213_Documents
Parties’ proposal for trial level stay, January 8, 2020
US opposition to reconsideration of stay order, January 10, 2010
9C US op to reconsideration of stay order
Trial level stay order, January 10, 2020
Appellees’ brief, January 16, 2020
Appellees’ motion for initial en banc consideration, January 16, 2020
Justice in Aging amicus, January 17, 2020
Legal Historians amicus, January 23, 2020
NCLC amicus, January 23, 2020
Institute for Policy Integrity amicus, January 23, 2020
9C institute for policy integrity amicus
Public Justice Center amicus, January 23, 2020
9C public justice center amicus
Nonprofit anti DV and sexual assault organizations amicus, January 23, 2020
National Housing Law Project amicus, January 23, 2020
Center for Reproductive Rights amicus, January 23, 2020
9C Center for Reproductive Rights amicus
US House amicus, January 23, 2020
California state ass’n of counties amicus, January 23, 2020
9C Calif State Assn of Counties amicus
Immigration Law Professors amicus, January 23, 2020
9C Immigration Law Professors amicus
Asian Americans Advancing Justice amicus, January 23, 2020
9C Asian Americans Advancing Justice amicus
Public Health, etc., Deans, Chairs, and Scholars amicus, January 23, 2020
Fiscal Policy Institute amicus, January 23, 2020
American Academy of Pediatrics amicus, January 23, 2020
105 Businesses and Organizations amicus, January 23, 2020
US reply brief, February 6, 2020
Plaintiffs’ supplemental authority (Seventh Circuit), February 11, 2020
Order denying rehearing en banc of stay order, February 18, 2020
Pltf citation supplemental authority asylum opinions, March 5, 2020
9C pltf addl auth 19-17213_Documents
Order on administrative record and compelling discovery, April 1, 2020
US motion to dismiss, April 22, 2020
California opposition to motion to dismiss, May 6, 2020
California request for judicial notice, May 6, 2020
Scheduling order, May 13, 2020
Order denying initial en banc hearing, May 20, 2020
Plaintiffs’ notice of additional authority (Cook County), May 21, 2020
US reply supporting motion to dismiss, June 3, 2020
US motion to dismiss amended complaint, June 10, 2020
Plaintiffs’ additional authority (Seventh Circuit), June 12, 2020
Plaintiffs’ additional authority (DACA), June 30, 2020
US response to plaintiffs’ additional authority (DACA), July 8, 2020
Plaintiffs’ additional authority (Second Circuit), August 10, 2020
California notice re oral argument presentation, September 11, 2020
9C pltf notice re oral argument presentation
Ninth Circuit opinion, December 2, 2020
Joint status report, December 16, 2020
Stay until mandate issues, December 17, 2020
US motion for stay, December 30, 2020
Ninth Circuit order staying until disposition of cert petitions, January 20, 2021
US petition for certiorari, No. 20-962, docketed January 21, 2021
20210119170707980_Petition for Cert – USCIS v. City and County of San Francisco
Plaintiffs’ request for extension to respond to cert petition, February 2, 2021
20210202175537738_2021-02-02 Request for extension of time 01508952a
US notice re executive order, February 3, 2021
| Feb 03 2021 | Motion to extend the time to file a response is granted and the time is extended to and including March 24, 2021, for all respondents. |
Joint status report, February 19, 2021
Stipulation to dismiss petition, March 9, 2021
20210309095806348_20-962 – USCIS v City and County of San Francisco Dismissal Stipulation
| Mar 09 2021 | Petition Dismissed – Rule 46. |
US notice re Cook County case and new policy, March 10, 2021
US letter re dismissal of petition, March 10, 2021
9C US letter re cert dismissal 3 10 21
Arizona motion to intervene, March 10, 2021
9C Arizona motion to intervene 3 10 21
South Carolina motion to join Arizona intervention, March 11, 2021
US opposition to intervention, March 22, 2021
Plaintiffs’ joint opposition to intervention, March 22, 2021
States’ reply supporting intervention, March 29, 2021
9C states interv reply 3 29 21
Order denying intervention, with dissent, April 8, 2021
Northern Illinois
Cook County v. McAleenan, No. 1:19-cv-6334 (N.D. Ill.)
For the case at the Supreme Court, the first time, No. 19A905, see below
Complaint, September 23, 2019
TRO/PI motion, September 25, 2019
US opposition to preliminary injunction, October 8, 2019
Reply supporting preliminary injunction, October 10, 2019
Hearing set for 1 pm, October 11
US supplemental opposition to preliminary injunction, October 13, 2019
Plaintiffs’ supplemental memo supporting preliminary injunction, October 13, 2019
Preliminary injunction, October 14, 2019
Motion to stay pending appeal, notice, motion, memo, declaration, October 25, 2019
Minute order/scheduling, October 30, 2019
26(f) status report, October 30, 2019
Notice of appeal, October 30, 2019
Opposition to motion for stay, November 6, 2019
Minute order denying stay pending appeal motion, November 14, 2019
US motion for stay pending appeal, November 15, 2019
7C US motion for stay pending appeal
Order requesting response by 12/3, November 19, 2019
Plaintiffs’ opposition to motion for stay pending appeal, December 3, 2019
Plaintiffs’ motion to authorize discovery on equal protection claim, December 5, 2019
Defendants’ opposition to discovery and memo supporting stay, December 5, 2019
Defendants’ notice re Ninth Circuit orders, December 5, 2019
US reply supporting stay, December 10, 2019
US opening brief, December 10, 2019
Immigration Reform Law Institute amicus, December 17, 2019
US response to discovery motion, December 19, 2019
Plaintiffs’ reply supporting discovery motion, December 19, 2019
Order denying motion for stay, December 23, 2019
7C order denying motion for stay pending appeal
Briefing schedule, December 30, 2019
Oral argument 2/26 notice, December 30, 2019
7C oral argument notice 19-3169_Documents
US motion to dismiss and memo, January 16, 2020
Appellees’ brief, January 17, 2020
Nonprofit anti-DV organizations amicus, January 23, 2020
National Housing Law Project amicus, January 23, 2020
Legal Historians amicus, January 24, 2020
National Consumer Law Center amicus, January 24, 2020
[Other amicus briefs, January 24, 2020]
Fiscal Policy Institute amicus, January 24, 2020
US House amicus, January 24, 2020
City of Chicago amicus, January 24, 2020
Am. College of OB GYN amicus, January 24, 2020
ACLU amicus, January 24, 2020
105 Businesses and Organizations amicus, January 24, 2020
Immigration Law Professors amicus, January 24, 2020
US renewed motion for stay pending appeal, January 28, 2020
7C US renewed motion for stay pending appeal
Order directing response to renewed stay motion by 2/5, January 28, 2020
7C order directing response re stay by 2 5
US reply brief, February 4, 2020
Plaintiffs’ opposition to renewed motion for stay, February 5, 2020
7C pltf op to renewed stay 19-3169_Documents
Notification of docket entry, February 6, 2020
US reply supporting stay, February 7, 2020
Order denying renewed motion for stay, February 10, 2020
7C order denying renewed motion for stay
ACLU request to participate in oral argument, February 12, 2020
Motion for stay, February 13, 2020 (No. 19A905)
20200213111405279_19A__ Wolf v Cook County stay application TO FILE
Plaintiffs’ opposition to motion to dismiss, February 19, 2020
Opposition to motion for stay, February 19, 2020
20200219144103313_Stay Opposition and Addendum
Reply supporting stay, February 20, 2020
20200220154942568_19A905 Wolf stay REPLY
Stay granted, February 21, 2020 (see below)
Amended opposition to motion to dismiss, with exhibits, March 13, 2020
General N.D. Ill. deadlines rescheduling, March 16, 2020
Order for US reply to be due 4/9, March 19, 2020
US notice of supplemental authority (Almaklani), March 26, 2020
Rescheduling order (4/16 and 5/4), April 2, 2020
Plaintiffs’ notice of additional authority re discovery (California), April 7, 2020
US response to supplemental authority, April 15, 2020
US reply supporting motion to dismiss, April 16, 2020
Plaintiffs’ notice of additional authority re discovery (Washington), April 23, 2020
Opinion denying motion to dismiss, May 19, 2020
Motion for expedited discovery on equal protection, June 9, 2020
Order for expedited response, June 10, 2020
Motion for extension of time, June 10, 2020
Scheduling order, June 10, 2020
Seventh Circuit opinion affirming preliminary injunction, June 10, 2020
US motion and memo for 1292(b) certification, June 16, 2020
US opposition to motion for expedited discovery, June 16, 2020
Exhibit A (Washington v. Trump procedural order)
Bell declaration
Legagneux declaration
Palmer declaration
Kolsky declaration
Reply supporting motion for expedited discovery, with exhibits, June 18, 2020
Plaintiffs’ opposition to 1292(b) certificate of appealability, June 26, 2020
US reply supporting certificate of appealability, July 2, 2020
US answer, July 9, 2020
Joint status report, July 10, 2020
Plaintiffs’ status report, July 13, 2020
Order denying 1292(b) certification, July 14, 2020
merged_61145_-1-159473294722291024-0–2215
Plaintiffs’ notice, July 15, 2020
Joint status report re search terms, July 21, 2020
US petition for rehearing en banc, July 27, 2020
Immigration Reform Law Institute amicus, August 3, 2020
7C rheb immigration reform law institute amicus
Joint status report on discovery issues, August 3, 2020
Minute order re discovery, August 4, 2020
Joint status report on discovery issues, August 11, 2020
Minute entry, August 12, 2020
Order denying rehearing en banc, August 12, 2020
Plaintiffs’ motion for summary judgment on counts I-III, August 31, 2020
Memorandum in support, August 31, 2020
Scheduling order, September 2, 2020
Joint motion for confidentiality order, with proposed order, September 28, 2020
US summary judgment opposition, September 28, 2020
Plaintiffs’ summary judgment reply, October 2, 2020
Joint status report, October 7, 2020
US petition for certiorari, October 7, 2020
20201007163906926_Wolf v. Cook County Pet
No. 20-450
Cook County supplemental brief, October 16, 2020
Illinois Coalition supplemental brief, October 16, 2020
US supplemental brief, October 27, 2020
Minute entry, memorandum opinion, and judgment, November 2, 2020
US notice of appeal, November 2, 2020
US motion for stay pending appeal, November 3, 2020
7C US mo stay pending appeal 11 3 20
Seventh Circuit # 20-3150
Administrative stay order, November 3, 2020
Plaintiffs’ opposition to stay pending appeal, November 17, 2020
Seventh Circuit stay, November 19, 2020
Plaintiffs’ request for extension of time to respond to cert petition, November 25, 2020
20201125113535857_Cook_County_and_ICIRR_Second_Extension_Request
| Nov 27 2020 | Motion to further extend the time to file a response to the petition for a writ of certiorari DENIED. |
Joint status report on discovery, November 30, 2020
Plaintiffs’ cert response, December 9, 2020
20201209143836357_Brief in Opposition
Discovery minute entry and opinion, December 15, 2020
Joint status report on discovery, December 15, 2020
Minute entry on discovery, December 16, 2020
US cert reply, December 23, 2020
20201223150521064_2020-12-23 – Wolf v. Cook County cert reply
| Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021. |
Joint status report re discovery, January 7, 2021
Docket entry resetting status hearing to 1/26, January 8, 2021
Minute entry, January 22, 2021
US motion to modify scheduling order, with notice of motion, February 3, 2021
Minute entry, February 4, 2021
| Feb 12 2021 | DISTRIBUTED for Conference of 2/19/2021. |
Joint status report, February 19, 2021
Joint status report, March 5, 2021
Stipulation to dismiss petition, March 9, 2021
20210309102918713_20-450 – Mayorkas v Cook County Dismissal
| Mar 09 2021 | Petition Dismissed – Rule 46. |
Unopposed US motion to voluntarily dismiss appeal, March 9, 2021
Order dismissing appeal, with mandate, March 9, 2021
7C order dismissing appeal, with mandate
Minute entry raising dismissal question, March 10, 2021
US notice, March 10, 2021
Joint statement of dismissal with prejudice, March 11, 2021
Court notification of docket entry, March 11, 2021
Texas motions to intervene, recall mandate, etc., March 11, 2021
7C TX motions to intervene etc 3 11 21
Order on motion to intervene to recall mandate, March 15, 2021
7C denial TX mo interv recall mandate
Texas application for leave to intervene and for stay, March 19, 2021
20210319132528733_20A__ Application
| Mar 26 2021 | Response to application (20A150) requested by The Chief Justice, due Friday, April 9, 2021, by 5 p.m. ET. |
Plaintiffs’ response, April 9, 2021
20210409144035571_Opposition to Application
US’s response, April 9, 2021
20210409162704410_Federal Respondents Opp to Application for Stay – 20A150
The Northern Illinois Public Charge Case At the Supreme Court (the first time)
Motion for stay, February 13, 2020 (No. 19A905)
20200213111405279_19A__ Wolf v Cook County stay application TO FILE
Opposition to motion for stay, February 19, 2020
20200219144103313_Stay Opposition and Addendum
Reply supporting stay, February 20, 2020
20200220154942568_19A905 Wolf stay REPLY
Stay order, February 21, 2020
Respondents’ motion to lift stay, April 17, 2020
20200417125308170_2020.04.17 Motion to Temporarily Lift or Modify Stay – No. 19A905
US response supporting stay, April 23, 2020
20200423125003032_19A905 Govt oppn to Cook County motion FILE
Supreme Court order denying motion to lift stay, April 24, 2020
For cert petition, No. 20-450, see below
Maryland
Casa de Maryland v. Trump, No. 8:19-cv-2715 (D. Md.)
Complaint, September 16, 2019
Motion for preliminary injunction, September 16, 2019
[Amended complaint]
[Corrected PI motion]
US opposition to preliminary injunction, October 1, 2019
Reply supporting preliminary injunction, October 7, 2019
Reply supporting preliminary injunction
| 10/07/2019 | 58 | PAPERLESS ORDER advising that in preparing for the hearing on October 10, 2019 regarding the Plaintiffs’ Motion for a Preliminary Injunction, counsel should be prepared to identify their strongest argument in support of each of the substantive issues that must be resolved in order for the court to rule on the motion, the two or three cases on which they principally rely to support their position for each issue, and the specific ECF filing and page number of the factual support in the record for their positions. Signed by Judge Paul W. Grimm on 10/7/2019. (pk3s, Chambers) (Entered: 10/07/2019) |
Oral argument, October 10, 2019
Post-oral-argument update re other cases, October 11, 2019
Preliminary injunction, October 14, 2019
Plaintiff letter re scope of injunction, October 16, 2019
CdM pltf letter re scope of injunction
Order re revised preliminary injunction, October 18, 2019
US motion for stay pending appeal, October 25, 2019
CdM US motion to stay pending appeal
| 10/30/2019 | 73 | PAPERLESS ORDER memorializing today’s telephone conference. Plaintiffs will file a response to Defendants’ Motion to Stay, ECF No. 69, by November 8, 2019. Defendants will file their notice of appeal by November 8, 2019, and their reply by November 15, 2019. With respect to an amended complaint, Counsel for Plaintiffs will consult with their clients and determine whether they will file an amended complaint by November 8, 2019. The parties will then confer and submit a joint status report by November 15, 2019, that will include a proposed schedule for filing an amended complaint, if applicable, a briefing schedule for a motion to dismiss, and proposed page limits for the motion to dismiss briefing. Signed by Judge Paul W. Grimm on 10/30/2019. (pk3s, Chambers) (Entered: 10/30/2019) |
Notice of appeal, October 30, 2019
Fourth Circuit # 19-2222
Plaintiffs’ opposition to motion for stay pending appeal, November 8, 2019
Pltf op to stay pending appeal
US waiver of right to reply, urging decision by November 14, November 8, 2019
Letter order denying reconsideration, November 14, 2019
CdM letter order denying recon
Joint status report, November 15, 2019
US motion for stay pending appeal, November 15, 2019
Order requesting response by 11/25, November 18, 2019
Opposition to motion for stay pending appeal, November 25, 2019
Motion to stay (trial level) pending Fourth Circuit decision, November 26, 2019
Reply supporting motion for stay pending appeal, December 2, 2019
4C reply supporting stay pending appeal
US letter re Ninth Circuit decision, December 6, 2019
Stay order, December 9, 2019
Plaintiffs’ opposition to motion for stay, December 10, 2019
ACOG amicus, December 11, 2019
US opening brief, December 16, 2019
Scheduling and amended complaint proposal, December 18, 2019
Scheduling and amended complaint proposal
Plaintiffs’ petition for rehearing en banc of stay order, December 20, 2019
Immigration Law Reform Institute amicus, December 23, 2019
Fourth Circuit request for response by 1/6/20, December 27, 2019
US reply supporting trial level stay, January 3, 2020
US reply supporting trial level stay
Plaintiffs’ second amended complaint, with redline version, January 3, 2020
CdM second amended complaint redline
US response to petition for rehearing en banc, January 6, 2020
Plaintiffs’ supplemental authority notice (Second Circuit order), January 8, 2020
US notice re Second Circuit order, January 8, 2020
Plaintiffs’ notice re Second Circuit order, January 8, 2020
US response to plaintiffs’ Second Circuit notice, January 10, 2020
Appellees’ brief, January 13, 2020
Order denying rehearing en banc of stay order, January 14, 2020
4C order denying rheb of stay order
104 organizations’ amicus, January 16, 2020
American Academy of Pediatrics amicus, January 17, 2020
4C am academy pediatrics amicus
Institute for Policy Integrity amicus, January 17, 2020
4C inst policy integrity amicus
US House amicus, January 21, 2020
Legal Historians amicus, January 21, 2020
Center for Reproductive Rights amicus, January 21, 2020
4C Center for Reproductive Rights amicus
Health Law Advocates amicus, January 21, 2020
4C health law advocates amicus
Congressional Tri-Caucus amicus, January 21, 2020
4C Congressional Tri-Caucus amicus
Nonprofit Anti Domestic Violence and Sexual Assault organizations amicus, January 21, 2020
4C Nonprofit Anti DV SA organizations amicus
Immigration Law Professors amicus, January 21, 2020
4C immigration law professors amicus
Fiscal Policy Institute amicus, January 21, 2020
4C Fiscal Policy Institute amicus
Public Justice Center amicus, January 21, 2020
4C Public Justice Center amicus
Plaintiffs’ notice re U.S. Supreme Court stay, January 28, 2020
US response to plaintiffs’ notice, January 29, 2020
US reply brief, February 3, 2020
Order allowing House to participate in oral argument, February 14, 2020
4C order allowing House to participate in OA
Plaintiffs’ supplemental authority, February 18, 2020
US response to plaintiffs’ supplemental authority, February 21, 2020
US letter re Cook County stay, February 24, 2020
Plaintiff letter re administrative record, February 25, 2020
CdM pltf letter re admin record
| 02/27/2020 | 101 | PAPERLESS ORDER re 100 Request for Conference. The Government is directed to file a letter response of 3 pages or less, single-spaced, excluding exhibits, addressing the issues raised in Plaintiffs’ request for conference by March 5, 2020. I will hold a telephone conference with the parties after that date, which will be scheduled separately. Signed by Judge Paul W. Grimm on 2/27/2020. (pk3s, Chambers) (Entered: 02/27/2020) |
US opposition re administrative record, March 5, 2020
Plaintiffs’ petition for initial hearing en banc, March 6, 2020
Oral argument rescheduling to 5/5, March 10, 2020
Plaintiffs’ request that oral argument be restored to 3/18, March 12, 2020
4C pltf rq reinst oa 3 18 19-2222_Documents
Order denying plaintiffs’ request to expedite appeal, March 13, 2020
Parties’ proposed briefing schedule on US motion to dismiss, March 16, 2020
Parties’ proposed briefing schedule
US opposition to initially hearing appeal en banc, March 16, 2020
US reply supporting stay pending appeal, March 16, 2020
4C US reply supporting stay pending appeal
District court order for partial stay, March 18, 2020
partial stay and scheduling order
| 03/18/2020 | 106 | PAPERLESS ORDER APPROVING 104 Status Report and Proposed Briefing Schedule for CASA de Maryland v. Trump, No. 8:19-cv-02715-PWG and Gaithersburg v. DHS, No. 8:19-cv-02851-PWG as follows: The Government’s motion to dismiss in both cases is due by April 8, 2020. The Plaintiffs’ consolidated opposition, or separate briefs in opposition, is due by May 6, 2020. The Government’s reply brief or briefs are due by May 20, 2020. The Government’s brief in support of the motion to dismiss is limited to 35 pages, exclusive of exhibits. The Plaintiffs’ brief or briefs in opposition, whether consolidated or filed separately, are limited to a total of 35 pages together, exclusive of exhibits. The Government’s brief or briefs in reply, whether consolidated or filed separately, are limited to a total of 20 pages together, exclusive of exhibits. These page limits are in place unless the parties request, and the Court grants, additional pages. Signed by Judge Paul W. Grimm on 3/18/2020. (pk3s, Chambers) (Entered: 03/18/2020) |
Plaintiffs’ letter re briefing deadline, April 30, 2020
| 05/01/2020 | 113 | PAPERLESS ORDER re 112 Correspondence regarding Motion to Dismiss briefing schedule. I have reviewed Plaintiffs’ request and agree that the Motion to Dismiss should be filed prior to July 1, 2020. I am inclined to accept Plaintiffs’ proposal that the Motion to Dismiss should be due on May 20, 2020. However, if Defendants relied on this Court’s Standing Order 2020-07 issued on April 10, 2020, such that it is not feasible to file the Motion to Dismiss by May 20, 2020, the parties are directed to confer and propose a reasonable brief extension past May 20, 2020 for the motion to be due. If the parties cannot agree they should notify the Court with their proposals. The parties should submit a status report on the above by May 6, 2020. Signed by Judge Paul W. Grimm on 5/1/2020. (pk3s, Chambers) (Entered: 05/01/2020) |
Parties’ proposed schedule, May 5, 2020
| 05/06/2020 | 115 | PAPERLESS ORDER APPROVING 114 Briefing Schedule. Defendants will file a consolidated motion of 35 pages or less, to dismiss both cases by May 27, 2020. Plaintiffs will file a consolidated opposition brief of 35 pages or less, or, in the alternative, separate opposition briefs totaling 35 pages or less (provided that Plaintiffs provide notice to Defendants by June 10, 2020) by June 24, 2020. Defendants will file a consolidated reply brief of 20 pages or less, or, in the alternative, separate reply briefs totaling 20 pages or less by July 8, 2020. Signed by Judge Paul W. Grimm on 5/6/2020. (pk3s, Chambers) (Entered: 05/06/2020) |
US motion to dismiss, May 27, 2020
Seventh Circuit opinion, June 10, 2020
Plaintiffs additional authority (Seventh Circuit), June 11, 2020
US response to additional authority (Seventh Circuit), June 16, 2020
4C US 28j response Cook County
Discovery scheduling order, June 23, 2020
Opposition to US motion to dismiss, June 24, 2020
US reply supporting motion to dismiss, July 8, 2020
Fourth Circuit opinion, August 5, 2020
| 08/07/2020 | 120 | PAPERLESS ORDER. In light of the Fourth Circuit’s judgment in this case, ECF No. 119, the parties in 19-cv-2715 and 19-cv-2851 are directed to supplement their motion to dismiss briefing. The supplements should address the Fourth Circuit’s judgment and any other relevant authority that developed after the motion to dismiss briefs were filed. Defendants’ consolidated supplement will be due August 21, 2020. Plaintiffs’ consolidated response will be due September 4, 2020. Defendants’ consolidated reply will be due September 14, 2020. Defendants’ supplement and Plaintiffs’ response should be 10 pages or less excluding any exhibits. The Defendants’ reply should be 5 pages or less excluding any exhibits. Signed by Judge Paul W. Grimm on 8/7/2020. (pk3s, Chambers) (Entered: 08/07/2020) |
US supplemental memorandum supporting motion to dismiss, August 21, 2020
Plaintiffs’ supplemental memorandum opposing motion to dismiss, September 4, 2020
US reply supporting motion to dismiss, September 14, 2020
Public Citizen amicus, September 17, 2020
National Fair Housing Alliance amicus, September 18, 2020
US House amicus, September 18, 2020
PETA amicus, September 21, 2020
NAACP amicus, September 21, 2020
Order for response, September 22, 2020
US unopposed motion for extension to file response, September 24, 2020
US response to petition for rehearing en banc, October 16, 2020
Plaintiffs’ notice to Fourth Circuit of additional authority (Ninth Circuit), December 2, 2020
Order for en banc review, December 3, 2020
Plaintiffs’ notice to district court of additional authority (Ninth Circuit), December 4, 2020
Baltimore cert extension request, December 5, 2020
20201205141325201_Second Extension Request
US opposition to cert extension, December 7, 2020
20201207114306497_LETTER 20-454
| Dec 08 2020 |
Motion to extend the time to file a response is granted in part; the time is further extended to and including December 14, 2020. |
US letter waiving restrictions on distribution, December 8, 2020
20201208134940857_letter 20-454 Azar v Mayor and City Council of Baltimore
US motion to postpone Fourth Circuit en banc oral argument, December 10, 2020
4C US rq postp rheb oral argument
Order requesting response from plaintiffs, December 11, 2020
Order rescheduling oral argument, December 14, 2020
4C order postponing argument etc
Order for supplemental briefing, December 14, 2020
NAACP motion to have amicus briefs considered on the merits, December 16, 2020
US supplemental brief, January 4, 2021
Deans, Chairs, Scholars amicus, January 8, 2021
Plaintiffs’ supplemental brief, January 25, 2021
4C2 CdM supplemental brief 1 25 21
Fourth Circuit oral argument calendaring notice, January 27, 2021
4C OA calendaring notice 1 27 21
US House request participate oral argument, February 1, 2021
US notice re executive order, February 3, 2021
US notice re executive order 2 3 21
| 02/04/2021 | 136 | PAPERLESS ORDER approving notice filed by Defendants [ECF No. 135]; the parties shall confer and submit a joint status report by 2/19/21 addressing the issues raised by Defendants. Signed by Judge Paul W. Grimm on 2/4/2021. (jc6s, Chambers) (Entered: 02/04/2021) |
US Fourth Circuit reply brief, February 5, 2021
Fourth Circuit order granting US House oral argument time, February 10, 2021
Fourth Circuit order requesting response to US suggestion that oral argument be postponed, February 11, 2021
4C rq pltf response OA suggestion
Plaintiffs’ response re postponement, with e-mail exchange, February 17, 2021
Joint status report, February 19, 2021
Fourth Circuit order taking case off calendar, February 24, 2021
4C order off OA calendar 2 24 21
Trial court order denying motion to dismiss without prejudice, March 1, 2021
CdM order denying motion to dismiss w o prejudice
US motion to dismiss Fourth Circuit appeal, March 9, 2021
US trial-level notice re dismissal of petitions, effect of Cook County case, and current policy, March 10, 2021
CdM US notice re dism petitions 3 10 21
Fourth Circuit order dismissing appeal, March 11, 2021
Fourth Circuit mandate, March 11, 2021
Texas motion to intervene to recall mandate, March 11, 2021
4C TX mo interv recall mandate 3 11 21
Texas motion to reconsider or rehear motion to dismiss appeal, March 11, 2021
4C TX mo reconsider order dismissing appeal 3 11 21
Texas motion to intervene as defendant-appellant, March 11, 2021
| 03/16/2021 | 142 | PAPERLESS ORDER re 139 Notice. In light of Defendants’ filing at ECF No. 139 and docket entries 140 and 141, Plaintiffs are directed to provide the Court with their view of this case’s current procedural posture. By 3/31/21, Plaintiffs shall submit to the Court a letter, three pages single spaced or less, with this information. Signed by Judge Paul W. Grimm on 3/16/2021. (jc6s, Chambers) (Entered: 03/16/2021) |
Fourth Circuit order denying motions, March 18, 2021
4C interv motions denial order 3 18
Plaintiffs’ status report, March 31, 2021
| 04/06/2021 | 144 | PAPERLESS ORDER thanking counsel for letter re: procedural posture 143 and ordering status reports every 60 days regarding the Supreme Court’s resolution of the States’ application and the Parties’ ability to resolve this case. Signed by Judge Paul W. Grimm on 4/6/2021. (jc6s, Chambers) (Entered: 04/06/2021) |
Southern New York
New York v. U.S. Dep’t of Homeland Security, No. 1:19-cv-7777 (S.D. N.Y.)
For the first U.S. Supreme Court case, No. 19A785, see below
Complaint, August 20, 2019
Public Charge Southern New York 8.20.2019_complaint_as_filed
Make The Road New York v. Cuccinelli, No. 1:19-cv-7993 (S.D. N.Y.)
Complaint, August 27, 2019
State’s motion for preliminary injunction, September 9, 2019
ACLU/CPR/NDRN amicus, September 11, 2019
US letter motion for extension of time to respond, September 13, 2019
New York letter opposition to extension of time, September 13, 2019
Scheduling order, September 16, 2019
US preliminary injunction opposition, September 27, 2019
Immigration Reform Law Institute amicus, October 1, 2019
Plaintiffs’ reply, October 4, 2019
Private plaintiffs’ reply, October 4, 2019
Corrected regulation, October 6, 2019
States’ proposed order, October 8, 2019
Private plaintiffs’ proposed order, October 8, 2019
US proposed order, October 8, 2019
Preliminary injunction memorandum opinion and order, October 11, 2019
Motion for stay pending appeal, October 25, 2019
Motion for extension of time to answer or file motion to dismiss, October 25, 2019
Notice of interlocutory appeal, October 30, 2019
Second Circuit #s 19-3591, 3595
Motion for stay pending appeal, November 15, 2019
Opposition to motion for stay pending appeal, November 25, 2019
NHLP amicus, November 25, 2019
Second Circuit expediting order, November 27, 2019
Motion to stay further district court proceedings pending appeal, November 29, 2019
Order denying stay pending appeal, December 2, 2019
Reply supporting stay pending appeal, December 2, 2019
US letter re Ninth Circuit decision, December 6, 2019
Plaintiffs’ motion re discovery conference, December 6, 2019
US letter re Fourth Circuit decision, December 9, 2019
NY letter responding to Ninth Circuit decision, December 10, 2019
Appellant US’s opening brief, December 13, 2019
Plaintiffs’ opposition to stay of trial proceedings pending appeal, December 13, 2019
Second Circuit notice setting oral argument on the stay motion for 1/7, December 16, 2019
2C oral argument notice for 1 7 20
US reply supporting motion to stay trial court proceedings, December 20, 2019
US opposition to motion for discovery conference, December 20, 2019
Plaintiffs’ 28(j) notice re Seventh Circuit order, December 24, 2019
US opening brief, December 30, 2019
Parties’ letter re oral argument, January 6, 2020
2C parties’ letter re oral argument time
Order denying stay pending appeal, January 8, 2020
2C order denying stay pending appeal
Copy of Supreme Court motion to lift stay, April 16, 2020
Members of Congress amicus, January 24, 2020
Plaintiffs’ appellee brief, January 24, 2020
Justice in Aging amicus, January 27, 2020
US motion for extension of time to answer, January 28, 2020
Plaintiffs’ opposition to extension of time to answer, January 28, 2020
US notice that it won’t be filing an answer 1/31, January 30, 2020
Order denying stay pending Second Circuit proceedings, January 31, 2020
Center for Reproductive Rights amicus, January 31, 2020
Asian Americans Advancing Justice amicus, January 31, 2020
2C Asian Americans Advancing Justice amicus
National Consumer Law Center amicus, January 31, 2020
US House amicus, January 31, 2020
26 Counties, Cities, and Municipalities amicus, January 31, 2020
2C 26 Counties Cities Munis amicus
105 Businesses and Organizations amicus, January 31, 2020
ACLU amicus, January 31, 2020
National Housing Law Project amicus, January 31, 2020
American Academy of Pediatrics amicus, January 31, 2020
2C Am Academy Pediatrics amicus
Institute for Policy Integrity amicus, February 5, 2020
2C inst policy integrity amicus
Public Health, etc., Deans, Chairs, and Scholars amicus, February 6, 2020
2C Public Health Deans Chairs Scholars amicus
Public Justice Center amicus, February 6, 2020
Aldana amicus, February 6, 2020
Health Law Advocates amicus, February 7, 2020
2C Health Law Advocates amicus
Trial level U.S. motion to dismiss, with memo, February 14, 2020
US reply brief, February 14, 2020
Partial consolidation order, February 18, 2020
US notice re Cook County stay, February 24, 2020
New York notice re new federal policy, February 25, 2020
US response to NY notice, February 27, 2020
Plaintiffs’ opposition to motion to dismiss, February 28, 2020
House of Representatives amicus, March 3, 2020
US letter re public health consequences, March 5, 2020
US letter re health consequences
Public Justice Center amicus, March 6, 2020
US reply supporting motion to dismiss, March 6, 2020
Plaintiffs’ notice re coronavirus letter, March 11, 2020
US request to reschedule oral argument 3/17 or do it telephonically, March 15, 2020
Order rescheduling oral argument to 5/5, March 16, 2020
US notice of Supreme Court filing, April 20, 2020
2C US USC response to motion to lift stay
Plaintiffs’ letter re scheduling oral argument, April 28, 2020
US letter re postponing oral argument, April 28, 2020
Motion for preliminary injunction, memo, list of declarations, April 28, 2020
[Declarations]
Motion to expedite, April 28, 2020
Opposition to motion to expedite, April 29, 2020
Reply supporting expediting, April 30, 2020
Scheduling order, April 30, 2020
Immigration Reform Law Institute amicus, May 12, 2020
US opposition to preliminary injunction, with declaration, May 12, 2020
Letter and additional authority from plaintiffs re discovery, May 13, 2020
Letter from plaintiffs re oral argument order of presentation, May 13, 2020
Letter from defendants re SNAP, May 13, 2020
Order re oral argument, May 14, 2020
Plaintiffs’ reply supporting preliminary injunction, May 15, 2020
Plaintiffs’ additional authority (Cook County), May 21, 2020
Plaintiffs’ additional authority (Seventh Circuit), June 15, 2020
Plaintiffs’ additional authority (Seventh Circuit), June 15, 2020
US response to additional authority (Seventh Circuit), June 17, 2020
US district court response to additional authority (Seventh Circuit), June 19, 2020
US supplemental authority notice (DACA equal protection), June 26, 2020
Plaintiffs’ response to US supplemental authority notice (DACA), June 30, 2020
Memorandum Decision and Order, July 29, 2020
Notice of interlocutory appeal, August 3, 2020
Motion for stay pending appeal, August 3, 2020
Memorandum supporting stay pending appeal, August 3, 2020
Second Circuit opinion, August 4, 2020
US notice of supplemental authority (Second Circuit), August 4, 2020
Second appeal # 20-2537
Plaintiffs’ opposition to motion for stay, August 5, 2020
US waiver of right to reply, August 6, 2020
Letter from plaintiffs re relationship of 2 injunctions, August 6, 2020
US motion for stay in second case, August 7, 2020
Letter opposition to administrative stay in second case, August 7, 2020
US request for additional time to answer, August 10, 2020
Order staying most of preliminary injunction, August 12, 2020
City opposition to stay, August 17, 2020
Make the Road New York opposition to stay, August 17, 2020
US reply supporting stay, August 19, 2020
Plaintiffs’ request for discovery conference, August 25, 2020
Defendants’ opposition to discovery conference, August 27, 2020
Referral to magistrate, August 27, 2020
Plaintiffs’ letter re discovery summary judgment, September 4, 2020
US notice re seeking stay in U.S. Supreme Court if no decision on stay by 9/14, September 8, 2020
2C US letter re seeking stay from USC
Second Circuit notice of brief due date (9/28), September 9, 2020
Order granting stay, September 11, 2020
US response re privilege log, September 17, 2020
Plaintiffs’ privilege log reply letter, September 22, 2020
Letter motion to file amended complaints, September 24, 2020
Unopposed letter request for extension of time to answer, September 24, 2020
US brief, September 28, 2020
Corrected US brief, September 30, 2020
Magistrate order allowing discovery on equal protection claim, September 30, 2020
6584696-0–25895 24688982-0–36015
Second Circuit order denying amicus request as moot, October 1, 2020
2C order denying ilri amicus mo as moot
Amended complaint, October 2, 2020
ILRI amicus reapplication for leave, October 5, 2020
US brief, October 6, 2020
US cert petition, No. 20-449, October 7, 2020
20201007163010954_2020-10-07 – DHS v. New York Petition
Plaintiffs’ motion for clarification of stay order, October 22, 2020
Plaintiffs’ motion for extension to respond to cert petition, October 23, 2020
20201023115815516_Letter from J.Hurwitz
Order on privilege log issues, October 23, 2020
Motion for summary judgment, October 27, 2020
Memorandum in support
Declarations
Rule 56.1 statement
US opposition to motion for clarification, November 2, 2020
Constitutional Accountability Center amicus, November 3, 2020
6820745-0–25690 merged_30217_-1-1604500262
Second Circuit order denying clarification, November 6, 2020
2C order denying clarification
US motion to dismiss vacancy claims, November 17, 2020
US summary judgment opposition/memo supporting motion to dismiss, November 17, 2020
Blackwell declaration, with exhibits
Swartz declaration, with exhibits
US response to plaintiffs’ Rule 56.1 statement, November 17, 2020
New York request for second extension of time to respond to cert, November 20, 2020
20201120140025092_20-449 Govt Resps Letter Extension Request
Make the Road New York request for second extension of time to respond to cert, November 20, 2020
20201120141024703_Letter Extension
US opposition to second extension, November 20, 2020
20201120154358325_Extension Letter 20-499 merits
| Nov 27 2020 | The motions to further extend the time to file responses to the petition for a writ of certiorari are DENIED. |
Joint status report on discovery, with exhibits A-C, December 2, 2020
Make the Road New York cert opposition, December 9, 2020
20201209151847004_20-449BriefInOppositionForRespondents
New York cert opposition, December 9, 2020
20201209201237825_20-449 Govt Resps Brief in Opposition
Plaintiffs’ summary judgment reply/motion to dismiss opposition, December 10, 2020
Corrected version, December 11, 2020
US reply supporting partial motion to dismiss, December 18, 2020
US cert reply, December 23, 2020
20201223154121710_20-449 DHS v. New York Cert Reply
| Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021. |
California counties amicus, January 4, 2021
Plaintiffs’ notice of additional authority, January 14, 2021 (Pangea)
Notice re change in Wolf status, January 19, 2021
US reply brief, January 19, 2021
US response to plaintiffs’ notice of additional authority (Pangea), January 25, 2021
Government plaintiffs’ appellee brief, January 25, 2021
Plaintiffs’ notice re Wolf arguments, January 26, 2021
Defendants’ letter re Biden executive order, February 3, 2021
Plaintiffs’ letter to Second Circuit re Biden executive order, February 10, 2021
2C pltf letter re executive order
| Feb 12 2021 | DISTRIBUTED for Conference of 2/19/2021. |
Joint status report letter, February 19, 2021
CERT GRANTED
District court stay (?) order, February 22, 2021
| Feb 22 2021 | Petition GRANTED. |
Letter from plaintiffs, February 24, 2021
Court notice of pre-settlement-conference scheduling call, February 25, 2021
Stipulation to dismiss petition, March 9, 2021
20210309101553454_20-0449 – DHS v New York Dismissal Stipulation
| Mar 09 2021 | Petition Dismissed – Rule 46. |
US notice re dismissal of petitions, status of Cook County order, reinstatement of 1999 policy, March 10, 2021
Parties’ letter re postponing status conference, March 10, 2021
Magistrate’s endorsement of postponing status conference, March 10, 2021
Stay order, March 11, 2021
Stipulations to withdraw appeals, March 15, 2021
Order re withdrawal of appeals, March 17, 2021
2C order dismissing appeals 3 17 21
Joint status report, March 25, 2021
Scheduling order, March 26, 2021
The New York Public Charge Case At the Supreme Court (the first time)
US stay application, January 13, 2020 (No. 19A785)
20200117170243633_20200117-170053-95749791-00000337
| Jan 14 2020 | Response to application (19A785) requested by Justice Ginsburg, due Wednesday, January 22, by 3 p.m. ET. |
Government Plaintiffs’ opposition, January 22, 2020
20200122134724605_No.19A785 StayOpposition
Private Plaintiffs’ opposition, January 22, 2020
20200122143103275_Opposition to Stay
American Academy of Pediatrics amicus opposition, January 22, 2020
US House amicus opposition, January 22, 2020
20200122122450793_200107a Amicus Brief for e-filing
Immigration Law Reform Institute amicus support for stay, January 22, 2020
20200122162655778_IRLI Pub Charge Stay Amicus
US reply supporting stay, January 23, 2020
20200123160342975_19A785 Reply
Stay order, January 27, 2020
New York motion to lift stay, April 13, 2020
20200413153014307_19A785 Motion to Temporarily Lift or Modify Stay
| Apr 17 2020 | Response to motion requested, due Monday, April 20, by noon. |
US response, April 20, 2020
20200420112112348_19A785 Govt oppn to NY motion FILE
Immigration Law Reform Institute motion to file amicus, April 20, 2020
20200420132042768_IRLI Pub Charge Stay Amicus 2d
New York reply supporting motion, April 22, 2020
20200422120214473_19A785 Reply on Motion to Temporarily Lift or Modify Stay
Denial order, April 24, 2020
Batalla Vidal materials, No. 1:16-cv-4756 (E.D. N.Y.)
Motion for partial summary judgment, Nov. 24, 2020
Batalla Vidal psj decs (List)
US partial summary judgment opposition, Dec. 1, 2020
| 12/03/2020 | Plaintiffs’ motion for leave to file a reply is GRANTED. Plaintiffs are DIRECTED to file their reply and to update the court on the status of discussions with the Government by Friday, December 4, 2020 at 12:00 pm. Ordered by Judge Nicholas G. Garaufis on 12/3/2020. (Lazarus, Benjamin) (Entered: 12/03/2020) |
Plaintiffs’ reply, 12/4
Batalla Vidal pltf sj reply 12 4 20
US account of settlement discussions, 12/4
Batalla Vidal parties discussions
Summary judgment order, December 4, 2020
US notice re posting notice, December 7, 2020
Notice revisions, joint status report, website update notice, December 9, 2020
Batalla Vidal replacement notice language order
Batalla Vidal joint status 12 9 20
Order re notice, December 10, 2020
Batalla Vidal further order re notices 12 10 20
New York Second Circuit brief, December 28, 2020
Make the Road New York Second Circuit brief, December 28, 2020
2C2 Make the Road New York brief
Status report, January 4, 2021
Batalla Vidal status report 1 4 21
US letter re individualized notice going out, January 7, 2021
Batalla Vidal US letter re indiv notices 1 7 21
Homeland Security notices re succession, January 14, 2021
US notice re Vacancies Act, January 19, 2021
US notice re Vacancies Act 1 19 21
US notice re DACA, January 21, 2021
Eastern Washington
Washington v. U.S. Dep’t of Homeland Security, No. 4:19-cv-5210 (E.D. Wash.)
Complaint, with exhibit, August 14, 2019
Public Charge complaint Eastern Washington
Public Charge Eastern Washington Complaint Exhibit 1
Amended complaint, with exhibit, September 5, 2019
Exhibit A to amended complaint 9 5 19
PI motion and proposed order, September 6, 2019
Public Charge Eastern Washington PI motion
Public Charge Eastern Washington PI proposed order
American Ass’n of People with Disabilities amicus motion, September 9, 2019
AAPD proposed amicus brief, September 9, 2019
Dkt.-102-1-Proposed-Amici-Brief-WA-state
American Academy of Pediatrics/AMA amicus, September 13, 2019
American Academy of Pediatrics AMA amicus
US opposition, September 20, 2019
Washington preliminary injunction reply, September 27, 2019
Notice of corrected rule, October 1, 2019
US notice of correction to rule
Preliminary injunction, October 11, 2019
Motion to stay pending appeal, with declaration, October 25, 2019
motion for stay pending appeal
Motion to expedite motion to stay, October 30, 2019
Wash public charge US mo to expedite mo for stay
Notice of interlocutory appeal, October 30, 2019
WAvT public charge US notice of appeal
| 10/31/2019 | 178 | TEXT-ONLY ORDER (no PDF shall issue) setting response and reply deadlines for Federal Defendants’ Motion to Expedite, ECF No. 173 . In light of Federal Defendants’ representation in ECF No. 173 at 2 that Plaintiff States oppose an expedited hearing of Federal Defendants’ Motion to Stay the Preliminary Injunction, ECF No. 169 , Plaintiff States may file any response to the Motion to Expedite, ECF No. 173 , by November 6, 2019. Federal Defendants may file any reply by November 7, 2019. Hearing without oral argument for the Motion to Expedite, ECF No. 173 , remains set for November 8, 2019, at 6:30 p.m. This text-only entry constitutes the Court’s ruling on the matter. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) (Entered: 10/31/2019) |
Ninth Circuit # 19-35914
Washington opposition to expediting motion for stay pending appeal, November 6, 2019
Wash op to expediting stay motion
US reply supporting expediting stay, November 7, 2019
Order denying motion to expedite stay motion, November 8, 2019
Order denying motion to expedite motion for stay
Plaintiffs’ response to motion for stay pending appeal, November 15, 2019
Pltf op to stay pending appeal
US motion for stay pending appeal, Ninth Circuit, November 15, 2019
9C US motion for stay pending appeal
Scheduling order, November 20, 2019
9C scheduling order re motion for stay
Response to US motion for stay pending appeal, November 22, 2019
Reply supporting US motion for stay pending appeal, November 26, 2019
Trial court order denying motion for stay pending appeal, December 3, 2019
order denying stay pending appeal
Ninth Circuit order for stay pending appeal, December 5, 2019 (see also Northern California case)
US opening brief, December 6, 2019
Joint status report, December 16, 2019
State petition for rehearing en banc, December 19, 2019
Ninth Circuit order directing responses to petition for rehearing en banc, December 20, 2019
Copy of 9C order for responses
For US response to petitions, January 10, 2020, see Northern California case
US reply supporting motion to dismiss, January 10, 2020
For appellees’ motion for initial en banc consideration, January 16, 2020, see Northern California case
States’ answering brief, January 17, 2020
Justice in Aging amicus, January 21, 2020
Public Justice Center amicus, January 23, 2020
9C Public Justice Center amicus
Institute for Public Integrity amicus, January 23, 2020
National Housing Law Project amicus, January 23, 2020
9C Natl Housing Law Project amicus
Nonprofit anti domestic violence organizations amicus, January 23, 2020
US House amicus, January 23, 2020
Immigration Law Professors amicus, January 23, 2020
9C immigration law profs amicus
Asian Americans Advancing Justice amicus, January 23, 2020
9C Asian Americans Advancing Justice amicus
National Consumer Law Center amicus, January 24, 2020
Legal Historians amicus, January 24, 2020
Center for Reproductive Rights amicus, January 24, 2020
9C Center for Reproductive Rights amicus
105 businesses and organizations amicus, January 24, 2020
American Academy of Pediatrics amicus, January 24, 2020
Health Law Advocates amicus, January 24, 2020
9C Health Law Advocates amicus
Fiscal Policy Institute amicus, January 24, 2020
ACLU amicus, January 24, 2020
Washington response to US notice of supplemental authority, February 4, 2020
US reply brief, February 7, 2020
Plaintiff’s supplemental authority re administrative record, February 11, 2020
US response to supplemental authority re administrative record, February 21, 2020
Plaintiffs’ notice re coronavirus proclamations, etc., March 11, 2020
9C pltf coronavirus info 19-35914_Documents
US response to plaintiffs’ notice re coronavirus, March 19, 2020
9C US public charge addl authority response
US supplemental authority (Almaklani), March 26, 2020
Plaintiffs’ response to US supplemental authority, March 30, 2020
Plaintiffs’ supplemental authority re admin record (California), April 3, 2020
Defendants’ response to administrative record, April 14, 2020
Order granting motion to compel discovery, April 17, 2020
Order granting compel discovery mo
Parties’ scheduling proposal, May 1, 2020
US motion to stay, motion to expedite, May 5, 2020
| 05/05/2020 | 215 | TEXT-ONLY ORDER (no PDF shall issue) GRANTING IN PART and DENYING IN PART DHS’s Motion to Expedite, ECF No. 214 . DHS’s Motion to Stay, ECF No. 213 , is reset for hearing on the issue of the privilege log on May 12, 2020. Any response from the States regarding the Motion to Stay, ECF No. 213 , as it relates to the privilege log, shall be filed by May 11, 2020. However, the Court does not find good cause to expedite hearing of the Motion to Stay, ECF No. 213 , with respect to discovery on Plaintiffs’ equal protection claim. Therefore, the remaining portion of the Motion to Stay, ECF No. 213, shall be heard according to the standard timeframe prescribed by LCivR7 on June 4, 2020. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) (Entered: 05/05/2020) |
Plaintiffs’ opposition to stay, plus declaration, May 11, 2020
Op to motion to stay declaration
Reply supporting stay, May 12, 2020
Order on discovery and privilege log, May 13, 2020
Opposition to motion to stay discovery, May 18, 2020
US motion to dismiss amended complaint, May 22, 2020
US reply supporting motion to stay discovery, May 26, 2020
Order denying stay of discovery, June 4, 2020
US report re discovery, June 12, 2020
Plaintiffs’ opposition to motion to dismiss amended complaint, June 12, 2020
US reply supporting motion to dismiss, June 26, 2020
US discovery status report, June 26, 2020
US discovery status report 6 26
US discovery status report, July 10, 2020
US discovery status report, July 24, 2020
Plaintiffs’ supplemental authority (New York), July 31, 2020
House motion to argue, August 4, 2020
US notice of additional authority (Second Circuit, Fourth Circuit), August 6, 2020
Discovery report, August 7, 2020
Order granting House motion to argue, August 11, 2020
US notice of additional authorities (ND Cal), August 14, 2020
US discovery status report, August 21, 2020
US discovery status report, September 4, 2020
Order partly granting and partly denying US motion to dismiss, September 14, 2020
Discovery status report, September 18, 2020
Discovery status report, October 2, 2020
Privelege log update report 10 2
US motion for reconsideration, October 8, 2020
Plaintiffs’ motion to compel production of deliberative process documents, October 14, 2020
Sprung declaration, October 14, 2020
US discovery status report, October 16, 2020
WA US progress report 10 16 20
Plaintiffs’ opposition to US motion for reconsideration, with declaration, October 21, 2020
US opposition to motion to compel, October 28, 2020
Kolsky affidavit, October 28, 2020
Kolsky affidavit supporting opposition
US reply supporting motion for reconsideration, October 28, 2020
US discovery status report, October 30, 2020
Reply supporting motion to compel, November 4, 2020
US discovery status report, November 13, 2020
US discovery status report, November 27, 2020
Answer, November 27, 2020
Discovery status report, December 11, 2020
Stipulated protective order, December 17, 2020
US notice of supplemental authority (Cook County, re deliberative process privilege), December 18, 2020
US notice supp auth (deliberative process)
Ninth Circuit stay pending disposition of cert, January 20, 2021
Order denying reconsideration, February 1, 2021
US notice re executive order, February 3, 2021
WAvT notice re executive order
| 02/05/2021 | 286 | TEXT-ONLY ORDER (no PDF shall issue) regarding the U.S. Department of Homeland Security (DHS) Defendants’ Notice, ECF No. 284. The parties shall file a joint status report by February 19, 2021. In that report, in addition to the status update contemplated by DHS Defendants’ Notice, the parties shall indicate to the Court whether they are ready to proceed to a trial scheduling conference. This text-only entry constitutes the Court ruling on this matter. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) (Entered: 02/05/2021) |
Joint status report, February 19, 2021
Wash joint status report 2 19 21
| 02/22/2021 | 289 | TEXT-ONLY ORDER (no PDF shall issue). Having reviewed the parties’ Joint Status Report at ECF No. 287 , IT IS ORDERED that the parties shall file a follow-up Joint Status Report by February 24, 2021, indicating the Plaintiff States’ position regarding the stay proposed by the DHS Defendants as well as the parties’ joint position regarding whether they request a trial scheduling conference in this matter. This text-only entry constitutes the Court’s ruling on this matter. Case Management Deadline set for February 24, 2021. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) (Entered: 02/22/2021) |
Joint status report, February 24, 2021
WAvT second joint status 2 24 21
| 03/03/2021 | 291 | TEXT-ONLY ORDER (no PDF shall issue). Having reviewed the Joint Status Report at ECF No. 290 , the Court finds that a 2-week stay of this matter from the date of the status report is warranted to allow the DHS Defendants to concentrate their resources on the review required by Executive Order 14012 (Feb. 2, 2021). Accordingly, this matter is stayed until March 10, 2021. The Court clarifies that the DHS Defendants’ obligation to file a status report regarding their progress toward completion of a privilege log, see ECF No. 219 at 6, is stayed through March 10, 2021, along with all other deadlines in this case. On March 11, 2021, the parties shall file a joint status report. This text-only entry constitutes the Court’s ruling on this matter. Case Management Deadline set for March 12, 2021. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) (Entered: 03/03/2021) |
US notice re dismissals of petitions, effect of Cook County case, and current policy, March 10, 2021
WAvT US notice re dismissals 3 10 21
Joint status report, March 11, 2021
| 03/11/2021 | 294 | TEXT-ONLY ORDER (no PDF shall issue). Having reviewed the Joint Status Report at ECF No. 293 , the Court grants the parties’ joint request to extend the stay in this matter for thirty days. Accordingly, this matter is stayed until April 12, 2021. The parties shall file a joint status report by April 12, 2021, and shall indicate in that report whether they are ready to proceed to a trial scheduling conference. This text-only entry constitutes the Court’s ruling on this matter. Case Management Deadline set for April 13, 2021. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) (Entered: 03/11/2021) |
Health Coverage Proclamation
Health coverage proclamation, October 4, 2019
Federal Register version, 84 Fed. Reg. 53,991 (Oct. 4, 2019)
Doe v. Trump, No. 3:19-cv-1743 (D. Or.)
Complaint, October 30, 2019
Motion for TRO, November 1, 2019
Rubio declaration
Castro declaration
Villarruel declaration
Morales declaration
Blake Doe declaration
John Doe #1 declaration
Jane Doe #2 declaration
Jane Doe #3 declaration
| 11/01/2019 | 14 | Scheduling Order by Judge Michael H. Simon. ORDER – Setting a Telephone Conference regarding Plaintiffs’ Motion for Temporary Restraining Order (ECF 7 ) for 11/2/2019 at 02:00PM. The Court will provide the parties’ with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/01/2019) |
| 11/01/2019 | 19 | Scheduling Order by Judge Michael H. Simon. ORDER – Resetting the Telephone Conference to an In-Court Conference regarding Plaintiffs’ Motion for Temporary Restraining Order (ECF 7 ) set for 11/2/2019 at 2:00PM in Portland, Courtroom 15B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/01/2019) |
| 11/02/2019 | 32 | MINUTES OF ORAL ARGUMENT HEARING: ORDER – Plaintiffs’ Motion for Temporary Restraining Order (ECF 7 ) is GRANTED for a period not to exceed 28 days. Formal order to follow. ORDER – Setting a briefing schedule as follows: Plaintiffs’ Motion for Preliminary Injunction is due by November 8, 2019; Defendants’ response is due by November 15, 2019; Plaintiffs’ reply is due by November 19, 2019; and a Preliminary Injunction Hearing is set for Friday, November 22, 2019 at 1:00PM in Portland, Courtroom 15B, before Judge Michael H. Simon. Nadia H. Dehab, Stephen W. Manning, Esther H. Sung, Karen C. Tumlin, Scott D. Stein, Stephanie Hales, Keven Fee, and Jesse Bless present as counsel for Plaintiffs. Andrew Bernie, Brian Ward, and Courtney Moran present as counsel for Defendants. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 11/02/2019) |
Temporary restraining order, November 2, 2019
Class certification motion, November 8, 2019
Manning affidavit
Exhibit 1: proclamation
Exhibit 2: White House statement
Exhibit 3: AIDS United comment
Exhibit 4: AMA comment
Exhibit 5: Asian & Pacific Islander American Health Forum comment
Exhibit 6: Center for Elder Law & Justice comment
Exhibit 7: Children’s Health Watch comment
Exhibit 8: Consortium for Citizens with Disabilities comment
Exhibit 9: Covered California comment
Exhibit 10: DC Health Benefit Exchange comment
Exhibit 11: Disability Rights California comment
Exhibit 12: Latino Network comment
Exhibit 13: Legal Aid Society comment
Exhibit 14: Mass Health Connector comment
Exhibit 15: MN Sure comment
Exhibit 16: Nat’l Ass’n of Pediatric Nurse Practitioners comment
Exhibit 17: NDRN comments
Exhibit 18: NHeLP comments
Exhibit 19: NILC comments
Exhibit 20: Oregon Dep’t of Consumer and Business Services comments
Exhibit 21: Oregon Primary Care Ass’n comments
Exhibit 22: American Occupational Therapy Ass’n comments
Exhibit 23: Virginia Garcia Mem. Health Center comments
Exhibit 24: American Imm. Lawyers Ass’n comments
Exhibit 25: MACPAC report to Congress, March 2018
Exhibit 26: Notice of information collection OMB
Exhibit 27: OMB notice of action
Exhibit 28: Dep’t of State response to comments
Motion for preliminary injunction, November 8, 2019
[Declarations]
Jane Doe 3 declaration
Kuck declaration
Jane Doe 2 declaration
Rhoads declaration
Castro declaration
Ramos declaration
Morales declaration
Ku declaration
John Doe 1 declaration
Leuck declaration (CBPP)
Palanker declaration
Castellanos declaration
Rubio declaration
Villarruel declaration
Norris declaration
Butte declaration
Watson-Patko declaration
Pogue declaration (CBPP)
MacEwan declaration
Blake Doe declaration
Dahab declaration
Motion to compel production of administrative record, with Dahab declaration, November 11, 2019
State and local governments motion for leave to file and amicus, November 12, 2019
Organizations’ motion for leave to file and amicus, November 12, 2019
Opposition to motion to compel production of administrative record, November 13, 2019
Reply supporting production of administrative record, November 14, 2019
Flentje entry of appearance, November 15, 2019
US response re preliminary injunction, November 15, 2019
Order re production of record, November 15, 2019
US request for extension to respond to class certification motion, November 18, 2019
States’ and New York City’s amicus brief, November 19, 2019
Order denying request for extension to respond to class certification, November 19, 2019
Reply supporting preliminary injunction, November 19, 2019
Administrative record, November 21, 2019
Plaintiffs’ supplemental brief, November 21, 2019
Defendants’ opposition to class certification, November 22, 2019
Opinion and order, November 26, 2019
Stipulation for protective order, November 26, 2019
Stipulation for protective order
First amended class action complaint, November 27, 2019
First amended class action complaint 11 27
Reply supporting class certification, with declaration, November 27, 2019
Reply supporting class cert 11 27
Notice of appeal, December 4, 2019
Ninth Circuit # 19-36020
US motion for stay, December 4, 2019
9C US motion for stay 19-36020_Documents
Plaintiffs’ opposition to motion for stay, with exhibits, December 16, 2019
Pltf op to US stay mo 19-36020_Documents-1
Ninth Circuit order denying temporary stay request, December 20, 2019
9C order denying temporary stay request
US reply supporting stay pending appeal, December 23, 2019
9C US stay pending appeal reply
Revised scheduling order, December 26, 2019
Immigration and healthcare services amicus (recon), December 27, 2019
9C recon immi health services amicus
US opening brief, January 2, 2020
Motion to compel completion of administrative record, with declaration, January 24, 2020
Motion for extension until 3/30 to answer, January 27, 2020
| 01/28/2020 | 122 | ORDER – Defendants’ Motion for Extension of Time to Answer (ECF 121 ) is GRANTED. Answer is due by 3/30/2020. Ordered by Judge Michael H. Simon. (mja) (Entered: 01/28/2020) |
US notice of additional authority, January 28, 2020
Plaintiffs’ notice of additional facts [about themselves], January 29, 2020
Plaintiffs’ appellee brief, January 30, 2020
38 Health Policy Experts amicus brief, February 6, 2020
9C 38 Health Policy Experts amicus
States and Cities amicus brief, February 6, 2020
NHeLP amicus brief, February 6, 2020
Immigration Law Professors amicus brief, February 6, 2020
9C Immigration Law Professors amicus
Disability Rights California amicus brief, February 6, 2020
9C Disability Rights California amicus
CASA amicus brief, February 6, 2020
AMA amicus brief, February 6, 2020
US opposition to motion to compel production of complete record, February 7, 2020
Order re filing complete record, February 11, 2020
US reply brief, February 20, 2020
US supplemental response re administrative record, February 28, 2020
Plaintiffs’ supplemental reply re administrative record, March 13, 2020
Class certification order, April 7, 2020
Notice to Ninth Circuit of class certification order, April 8, 2020
9C notice of addl authority (class cert)
Order on administrative record, April 13, 2020
US response re class certification, April 14, 2020
9C US response to class cert notice
Motion for TRO, April 25, 2020
| 04/25/2020 | 136 | Scheduling Order by Judge Michael H. Simon. ORDER – Setting a briefing schedule on Plaintiffs’ Motion for Temporary Restraining Order (ECF 135 ) as follows: (1) Defendants shall file a response no later than 5:00 p.m., Pacific time, on Monday, April 27, 2020; (2) Plaintiffs shall file a reply no later than 5:00 p.m., Pacific time, on Tuesday, April 28, 2020; and (3) the Court will hold Telephone Oral Argument at 12:00 noon, Pacific time, on Wednesday, April 29, 2020. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/25/2020) |
Opposition to TRO, April 27, 2020
Reply supporting TRO, April 28, 2020
Wheeler declaration supporting TRO, April 28, 2020
Immigration Reform Law Institute amicus, April 29, 2020
Opinion and order denying TRO, April 29, 2020
Order denying stay pending appeal, May 4, 2020
US motion to dismiss, May 29, 2020
US letter supporting expediting, May 29, 2020
Plaintiffs’ opposition to US motion to dismiss, June 26, 2020
US reply supporting motion to dismiss, July 24, 2020
Plaintiffs’ post-oral-argument letter re buying subsidized policy after entry, September 11, 2020
9C pltf ltr re buying subsidized plan
US response to plaintiffs’ post-oral-argument letter, September 28, 2020
9C US response to pltf post OA
Ninth Circuit opinion, December 31, 2020
Petition for rehearing en banc, January 19, 2021
Ninth Circuit order for response within 21 days, January 20, 2021
NHeLP amicus, January 29, 2021
32 health policy experts amicus, January 29, 2021
American Medical Ass’n amicus, January 29, 2021
Immigration Law Professors amicus, January 29, 2021
9C imm law professors rheb amicus
Unopposed US request for extension of time to file en banc response, February 5, 2021
Order granting extension request
Unopposed US request for second extension of time, April 2, 2021
Order granting second request, April 6, 2021
Make the Road New York v. Pompeo, No. 1:19-cv-11633 (S.D. N.Y.)
Complaint, December 19, 2019
Motion, memo, declarations for preliminary injunction, January 21, 2020
[Declarations]
US letter re scheduling, January 22, 2020
Scheduling order, January 23, 2020
| 05/18/2020 | Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 5/18/2020 re: 53 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction (Notice of Motion to Dismiss). filed by Donald Trump, Alex Azar, United States Department of State, United States Department of Health & Human Services, Michael Pompeo. Plaintiff Counsel: Ghita Schwarz; Defense Counsel: James Luh and Court Reporter present. (Vega, Elizabeth) (Entered: 05/18/2020) |
Not filed in the proclamation case
Order granting stay in Al Otro Lado v. U.S., No. 19-56417, December 20, 2019
Nationwide injunction in the second Seventh Circuit sanctuary city case
