Letter re Motion to Intervene Briefing — East Bay Sanctuary v. Barr (N.D. Cal.)

Record facts

U.S. District Court for the Northern District of California · No. 4:19-cv-04073-JST · Doc. 118 · 2020-11-02 · Docket on CourtListener

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GREENBERG TRAURIG, LLP    Attorneys at Law    www.gtlaw.com  
 
Caroline J. Heller 
Tel 212.801.2165 
Fax 212.801.6400 
hellerc@gtlaw.com 
November 2, 2020 
VIA ECF 
The Honorable Jon S. Tigar  
United States District Court 
Northern District of California 
Oakland Courthouse, Courtroom 6 – 2nd Floor 
1301 Clay Street, Oakland, CA 94612 
 
Re: 
East Bay Sanctuary Covenant et al v. Barr et al.: Case No. 4:19-cv-04073-JST 
 
 
Dear Judge Tigar: 
 
We represent Proposed Plaintiff-Intervenors (“Intervenors”) and write concerning Intervenors 
Reply in further support of their Motion to Intervene, which, pursuant to Local Rule 7.3(c), is 
currently due on November 6, 2020.  We write to confirm that the Court still authorizes Intervenors 
to file their Reply in further support of their Motion to Intervene.   
 
As this Court knows, Intervenors filed a combined Motion to Intervene and Motion for a TRO and 
Preliminary Injunction on October 16, 2020.  Pursuant to Local Rule 7.3(a) and (c), Defendants’ 
opposition to the Motion to Intervene was due on October 30, 2020 and Intervenors’ Reply in 
further support of their Motion to Intervene is due on November 6, 2020.   
 
This Court’s Temporary Restraining Order dated October 17, 2020 set a briefing schedule for 
Intervenors’ Motion for a Preliminary Injunction, making Defendants’ brief in opposition to the 
Motion for a Preliminary Injunction due on October 23, 2020 and Intervenors’ Reply in further 
support of their Motion for a Preliminary Injunction due on October 26, 2020.  (ECF 98).  
Defendants chose to file a combined opposition to the Motion for a Preliminary Injunction and the 
Motion to Intervene on October 23, 2020.  (ECF 110).  On October 26, 2020, Intervenors filed 
their Reply in Further Support of their Motion for a Preliminary Injunction. (ECF 112).  
Intervenors’ Reply in further support of their Motion to Intervene is currently due on November 
6, 2020. 
 
At oral argument on October 28, 2020 on Intervenors’ Motion for a Preliminary Injunction, 
counsel for Intervenors had requested the opportunity to supplement briefing on the issue of this 
Court’s jurisdiction to issue a preliminary injunction and the Court did not request the additional 
briefing.  Accordingly, in an abundance of caution, we would like to confirm that the Court still 
authorizes Intervenors to file their Reply in further support of their Motion to Intervene.  The Reply 
would be limited to addressing the elements of intervention as of right and permissive intervention, 
which would address jurisdiction only in the context of whether Intervenors must establish 
independent jurisdiction to intervene and, if so, that the Court has jurisdiction over Intervenors’ 
Case 4:19-cv-04073-JST   Document 118   Filed 11/02/20   Page 1 of 2

Hon. Jon S. Tigar 
November 2, 2020 
Page 2 
_____________________ 
 
GREENBERG TRAURIG, LLP    Attorneys at Law    www.gtlaw.com  
 
claim.  Intervenors offer to file their Reply in further support of their Motion to Intervene no later 
than November 4, 2020, two days early.   
 
We conferred with counsel for Defendants concerning Intervenors’ request for clarification on this 
issue and their position is as follows: “The government opposes the request for clarification, which 
seeks to file a third brief after intervenors already filed their reply brief, and will explain its reasons 
for that opposition in a separate filing it will file promptly today after intervenors file their motion.” 
 
Respectfully submitted, 
GREENBERG TRAURIG, LLP 
By:   
  /s/ Caroline J. Heller  
                                   
 
Caroline J. Heller 
 
200 Park Ave. 
 
New York, New York 10166 
 
Tel: (212) 801-9200 
 
Fax: (212) 805-6400 
 
hellerc@gtlaw.com 
 
Attorneys for Proposed Plaintiff-Intervenors 
 
 
 
 
 
 
 
 
 
Case 4:19-cv-04073-JST   Document 118   Filed 11/02/20   Page 2 of 2

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