T Court Northern District Of California East Bay Sanctuary Covenant Et Al Plain — Doc. 48
- Date
- 2018-11-26
Summary
A stipulation filed November 26, 2018 as Document 48 in East Bay Sanctuary Covenant, et al. v. Donald J. Trump, President of the United States, et al., Case No. 18-cv-06810-JST, in the U.S. District Court for the Northern District of California. Under the Court's order of November 19, 2018, the parties agree to a briefing schedule for the plaintiffs' motion for a preliminary injunction, with a hearing on December 19. The parties set out competing positions on the administrative record: the plaintiffs ask that it be submitted by November 28, 2018, while the defendants ask the Court to order the parties to meet and confer on its scope and submit a joint proposal or competing proposals. It is signed by Lee Gelernt for the plaintiffs and Erez Reuveni of the Department of Justice for the defendants, and Document 48-1 is a proposed order for Judge Jon S. Tigar.
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Case 3:18-cv-06810-JST Document 48 Filed 11/26/18 Page 1 of 5
1 Jennifer Chang Newell (SBN 233033) Lee Gelernt*
Cody Wofsy (SBN 294179) Judy Rabinovitz*
2 Julie Veroff (SBN 310161) Omar C. Jadwat*
Spencer Amdur**** (SBN 320069) Anand Balakrishnan***
3 ACLU FOUNDATION Celso Perez (SBN 304924)
IMMIGRANTS’ RIGHTS PROJECT ACLU FOUNDATION
4 39 Drumm Street IMMIGRANTS’ RIGHTS PROJECT
San Francisco, CA 94111 125 Broad Street, 18th Floor
5 T: (415) 343-0770 New York, NY 10004
F: (415) 395-0950 T: (212) 549-2660
6 jnewell@aclu.org F: (212) 549-2654
cwofsy@aclu.org lgelernt@aclu.org
7 jveroff@aclu.org jrabinovitz@aclu.org
samdur@aclu.org ojadwat@aclu.org
8 abalakrishnan@aclu.org
cperez@aclu.org
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10 Attorneys for Plaintiffs (Additional counsel listed on following page)
11 UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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East Bay Sanctuary Covenant, et al.,
13 Case No.: 18-cv-06810-JST
Plaintiffs,
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v.
15 STIPULATION
Donald J. Trump, President of the United States, et
16 al.,
IMMIGRATION ACTION
17 Defendants.
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Case 3:18-cv-06810-JST Document 48 Filed 11/26/18 Page 2 of 5
1 Melissa Crow*** Baher Azmy*
SOUTHERN POVERTY LAW CENTER Angelo Guisado*
2 1666 Connecticut Avenue NW, Suite 100 Ghita Schwarz*
Washington, D.C. 20009 CENTER FOR CONSTITUTIONAL RIGHTS
3 T: (202) 355-4471 666 Broadway, 7th Floor
F: (404) 221-5857 New York, NY 10012
4 melissa.crow@splcenter.org T: (212) 614-6464
F: (212) 614-6499
5 Mary Bauer** bazmy@ccrjustice.org
SOUTHERN POVERTY LAW CENTER aguisado@ccrjustice.org
6 1000 Preston Avenue gshwartz@aclu.org
Charlottesville, VA 22903
7 T: (470) 606-9307 Christine P. Sun (SBN 218701)
F: (404) 221-5857 Vasudha Talla (SBN 316219)
8 mary.bauer@splcenter.org AMERICAN CIVIL LIBERTIES UNION
FOUNDATION OF NORTHERN
9 CALIFORNIA, INC.
39 Drumm Street
10 San Francisco, CA 94111
T: (415) 621-2493
11 F: (415) 255-8437
csun@aclunc.org
12 Attorneys for Plaintiffs vtalla@aclunc.org
13 *Admitted pro hac vice
**Application for pro hac vice pending
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***Pro hac vice application forthcoming
15 **** Application for admission forthcoming
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Case 3:18-cv-06810-JST Document 48 Filed 11/26/18 Page 3 of 5
1 Pursuant to the Court’s order of November 19, 2018, the parties hereby stipulate to the
2 following briefing schedule for Plaintiffs’ motion for a preliminary injunction.
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Plaintiffs’ motion and memorandum in support due December 3
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Amicus briefs in support of Plaintiffs or neither party due December 5
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6 Defendants’ opposition due December 12 at noon Pacific Standard Time
7 Amicus briefs in support of Defendants due December 12 at noon Pacific Standard Time
8 Plaintiffs’ reply due December 14
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Hearing December 19
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The parties have not been able to agree on a date for the submission of the administrative
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record, and state as folliows:
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13 Plaintiffs believe the administrative record should be submitted in accordance with the
14 Court’s order, and as the Government agreed at the hearing they would. To allow Plaintiffs
15 sufficient time to address the record, Plaintiffs believe it should be submitted by November 28, 2018
16 at noon Pacific Standard Time. Plaintiffs have been willing to negotiate with Defendants regarding
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the date for production of the administrative record, but do not understand the Court’s order to mean
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that submitting the administrative record is optional, or that the administrative record can be
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submitted without giving Plaintiffs sufficient time to respond to the record, or that the date of
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21 producing the record hinges on whether Plaintiffs ultimately choose to submit additional materials.
22 Defendants’ respectfully request an additional day to confer with Plaintiffs concerning
23 production of any administrative record and the scope of that record—and request that the Court
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direct Plaintiffs to confer with Defendants on that issue—because Plaintiffs have not provided
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Defendants with the information needed to submit a timeline for producing that record. Defendants
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have requested Plaintiffs’ position on whether resolution of Plaintiffs’ forthcoming preliminary-
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28 injunction motion should be limited to the administrative record or whether Plaintiffs instead believe
Stipulation 1 Case No. 18-cv-06810
Case 3:18-cv-06810-JST Document 48 Filed 11/26/18 Page 4 of 5
they may submit extra-record evidence in support of their motion. Plaintiffs have thus far declined
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2 to confer with Defendants on this issue. Because the scope of the materials relevant to this Court’s
3 resolution of the forthcoming preliminary-injunction motion affects when an administrative record
4 should be filed and scheduling for further briefing, Defendants respectfully submit that Plaintiffs’
5 proposed deadline of November 28 is too soon and request that the Court order the parties to meet
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and confer on those issues and submit a joint proposal or competing proposals by November 27,
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2018. Plaintiffs claim that they “have been willing to negotiate with Defendants regarding the date
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for production of the administrative record.” But this misses the point: Plaintiffs have refused to
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10 address the scope of the record—even though the scope of the record is central to any such
11 negotiations and central to whatever is produced. Plaintiffs also suggest that “the Government
12 agreed at the hearing” to submit the administrative record on a particular timeframe. But Plaintiffs
13 overlook that, in addressing the production of the administrative record, the Government was
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steadfast at the hearing that review in this case would be limited to the administrative record.
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Plaintiffs have pointedly refused to join that commitment as to the scope of the record, which has, in
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turn, undermined the ability of the parties to meaningfully confer about producing the record.
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18 Indeed, far from being willing to agree that this is administrative-record-review case, Plaintiffs have
19 refused to agree not to submit extra-record evidence through declarations with their preliminary-
20 injunction reply brief—even though Plaintiffs have brought a purely APA challenge. Defendants
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therefore respectfully rquest that the Court require Plaintiffs to confer with Defendants about this
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issue
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Stipulation 2 Case No. 18-cv-06810
Case 3:18-cv-06810-JST Document 48 Filed 11/26/18 Page 5 of 5
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Dated: November 26, 2018 Respectfully submitted,
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/s/ Erez Reuveni /s/Lee Gelernt
3 EREZ REUVENI Lee Gelernt
Assistant Director AMERICAN CIVIL LIBERTIES UNION
4 Office of Immigration Litigation FOUNDATION
U.S. Department of Justice, Civil Division IMMIGRANTS’ RIGHTS PROJECT
5 P.O. Box 868, Ben Franklin Station 125 Broad St., 18th Floor
Washington, DC 20044 New York, NY 10004
6 Tel: (202) 307-4293 T: (212) 549-2660
Email: Erez.R.Reuveni@usdoj.gov F: (212) 549-2654
7 lgelernt@aclu.org
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23 I attest that concurrence in the filing of the document has been obtained from Erez Reuveni.
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25 /s/Lee Gelernt
Lee Gelernt
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Stipulation 3 Case No. 18-cv-06810
Case 3:18-cv-06810-JST Document 48-1 Filed 11/26/18 Page 1 of 2
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UNITED STATES DISTRICT COURT
11 NORTHERN DISTRICT OF CALIFORNIA
12 East Bay Sanctuary Covenant, et al.,
Case No.: 18-cv-06810-JST
13 Plaintiffs,
14 v.
[PROPOSED] ORDER
15 Donald J. Trump, President of the United States, et
al.,
16 IMMIGRATION ACTION
Defendants.
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Case 3:18-cv-06810-JST Document 48-1 Filed 11/26/18 Page 2 of 2
1 On consideration of the parties’ stipulation regarding the briefing schedule for Plaintiffs’
2 motion for a preliminary injunction, IT IS HEREBY ORDERED as follows:
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Plaintiffs’ motion and memorandum in support due December 3
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Amicus briefs in support of Plaintiffs or neither party due December 5
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6 Defendants’ opposition due December 12 at noon Pacific Standard Time
7 Amicus briefs in support of Defendants due December 12 at noon Pacific Standard Time
8 Plaintiffs’ reply due December 14
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A hearing will be held December 19 at 9:30 a.m.
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The Court shall issue a separate order concerning the submission of an administrative record
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IT IS SO ORDERED.
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Dated:
14 ________________________
JON S. TIGAR
15 United States District Judge
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[Proposed] Order 1 Case No. 18-cv-06810
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