CENTER FOR BIOLOGICAL DIVERSITY v. MCALEENAN (1:18-cv-00655)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- JOHN P. ROSE, :Firm- CENTER FOR BIOLOGICAL DIVERSITY, :Address- 660 S. FIGUEROA STREET, SUITE 1000, LOS ANGELES, CA 90017. Phone No. - 213-785-5406. Filing fee $ 100, receipt number 0090-5384326. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Declaration)(Su, Anchun) (Entered: 03/22/2018)

NOTICE of Appearance by Howard M. Crystal on behalf of CENTER FOR BIOLOGICAL DIVERSITY, SOUTHWEST ENVIRONMENTAL CENTER (Crystal, Howard) (Entered: 03/22/2018)

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY. (jd) (Entered: 03/26/2018)

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEFENDERS OF WILDLIFE. (jd) (Entered: 03/26/2018)

Case Assigned to Judge Ketanji Brown Jackson. (jd)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brian Paul Segee, :Firm- CENTER FOR BIOLOGICAL DIVERSITY, :Address- 111 W. Topa Topa Street, Ojai, CA 93023. Phone No. - (805) 750-8852. Filing fee $ 100, receipt number 0090-5402754. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Declaration)(Su, Anchun) (Entered: 04/03/2018)

GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Courts instructions for briefing motions and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 4/12/2018. (lckbj1) (Entered: 04/12/2018)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/27/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/26/2018. (Attachments: # 1 Exhibit Exhibit A Return Receipts)(Su, Anchun) (Entered: 05/04/2018)

MOTION for Summary Judgment by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Memorandum in Support Memorandum of Points and Authorities, # 2 Statement of Facts, # 3 Declaration Declaration of B. Garrett, # 4 Declaration Declaration of B. McCamley, # 5 Declaration Declaration of G. Vasquez, # 6 Declaration Declaration of D. Soules, # 7 Declaration Declaration of E. Walsh, # 8 Declaration Declaration of G. Roemer, # 9 Declaration Declaration of L. Jordahl, # 10 Declaration Declaration of M. Robinson, # 11 Declaration Declaration of P. Ossorio, # 12 Declaration Declaration of A.J. Su (with Exhibits 1 - 19), # 13 Exhibit Su Decl., Exhibit 1, # 14 Exhibit Su Decl., Exhibit 2, # 15 Exhibit Su Decl., Exhibit 3, # 16 Exhibit Su Decl., Exhibit 4, # 17 Exhibit Su Decl., Exhibit 5, # 18 Exhibit Su Decl., Exhibit 6, # 19 Exhibit Su Decl., Exhibit 7, # 20 Exhibit Su Decl., Exhibit 8, # 21 Exhibit Su Decl., Exhibit 9, # 22 Exhibit Su Decl., Exhibit 10, # 23 Exhibit Su Decl., Exhibit 11, # 24 Exhibit Su Decl., Exhibit 12, # 25 Exhibit Su Decl., Exhibit 13, # 26 Exhibit Su Decl., Exhibit 14, # 27 Exhibit Su Decl., Exhibit 15, # 28 Exhibit Su Decl., Exhibit 16, # 29 Exhibit Su Decl., Exhibit 17, # 30 Exhibit Su Decl., Exhibit 18, # 31 Exhibit Su Decl., Exhibit 19, # 32 Appendix Addendum, Exhibit A, # 33 Appendix Addendum, Exhibit B, # 34 Appendix Addendum, Exhibit C, # 35 Appendix Addendum, Exhibit D, # 36 Appendix Addendum, Exhibit E, # 37 Text of Proposed Order)(Su, Anchun) (Entered: 05/10/2018)

NOTICE of Appearance by Rhett Preston Martin on behalf of All Defendants (Martin, Rhett) (Main Document 18 replaced on 5/15/2018) (zjf). (Entered: 05/14/2018)

MINUTE ORDER granting, for good cause shown, 19 Joint Motion for Extension of Time and Proposed Briefing Schedule. It is hereby ORDERED that the following briefing schedule is set in this matter: Defendants' consolidated Motion to Dismiss and Opposition to Plaintiffs Motion for Summary Judgment is due on or before 6/11/2018; Plaintiffs' consolidated Opposition to Defendants Motion to Dismiss and Reply in support of their Motion for Summary Judgment is due on or before 7/10/2018; Defendants' Reply in support of their Motion to Dismiss is due on or before 7/24/2018. Signed by Judge Ketanji Brown Jackson on 5/17/2018. (lckbj1)

MINUTE ORDER granting, for good cause shown 20 Unopposed Motion for Extension of Time to Move to Dismiss and Oppose Summary Judgment. It is hereby ORDERED that the briefing schedule in this matter is modified as follows: Defendants' consolidated Motion to Dismiss and Opposition to Plaintiffs' Motion for Summary Judgment is due on or before 6/15/2018; Plaintiffs' consolidated Opposition to Defendants' Motion to Dismiss and Reply in support of their Motion for Summary Judgment is due on or before 7/17/2018; Defendants' Reply in support of their Motion to Dismiss is due on or before 7/27/2018. Signed by Judge Ketanji Brown Jackson on 06/07/2018. (lckbj1)

Memorandum in opposition to re 16 MOTION for Summary Judgment filed by KIRSTJEN M. NIELSEN, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (See Docket Entry 21 to view document)(jf) (Entered: 06/18/2018)

Memorandum in opposition to re 21 MOTION to Dismiss and Opposition to Plaintiffs' Motion for Summary Judgment MOTION for Summary Judgment Plaintiffs' Opposition to Defendants' Motion to Dismiss or for Summary Judgment, and Reply in Support of Plaintiffs' Motion for Summary Judgment filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Plaintiffs' Response to Defendants' Statement of Material Facts)(Su, Anchun) (Entered: 07/17/2018)

Unopposed MOTION for Extension of Time to File Response/Reply by KIRSTJEN M. NIELSEN, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Martin, Rhett) (Entered: 07/26/2018)

MOTION for Extension of Time to File Response/Reply in support of Defendants' Motion to Dismiss by KIRSTJEN M. NIELSEN, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Tyler, John) (Entered: 08/02/2018)

Set/Reset Deadlines: Reply to Cross Motion due by 8/10/2018. (gdf)

MINUTE ORDER. It is hereby ORDERED that a motion hearing is set on the pending cross-motions for Tuesday, December 18, 2018 at 10:30 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 8/30/2018. (lckbj2)

MINUTE ORDER. The parties appeared before this Court on December 18, 2018, for a motion hearing regarding 16 Plaintiffs Motion for Summary Judgment and 21 Defendants Cross-Motion to Dismiss or Alternatively for Summary Judgment. At the motion hearing, for the first time, Defendants counsel represented that the Department of Homeland Security and Secretary Nielsen had relied on both section 102(a) and 102(b) of IIRIRA when issuing the waiver at issue in this case. Plaintiffs counsel responded by requesting an opportunity to file a supplemental brief. Accordingly, it is hereby ORDERED that, on or before January 21, 2019, each party shall submit a supplemental brief of no more than twenty pages, addressing the following questions: (1) what impact, if any, does Defendants purported invocation of both subsections 102(a) and (b) have on the parties arguments concerning the Courts jurisdiction to hear Plaintiffs ultra vires claims; and (2) what impact, if any, does Defendants purported invocation of both subsections 102(a) and (b) have on the parties arguments concerning the merits of Plaintiffs ultra vires and constitutional claims. If either party wishes to file a response to the other parties submission, they shall do so on or before February 4, 2019, in a brief of no more than 10 pages. Signed by Judge Ketanji Brown Jackson on 12/19/2018. (lckbj2)

MINUTE ORDER. Per this Court's Minute Order in Center for Biological Diversity v. Nielson, 18-cv-2396, that case has been consolidated with the instant case. As a result, it is hereby ORDERED that any further filings in either case shall be filed in this case, No. 18-cv-655. It is FURTHER ORDERED that, if the parties wish to apprise the Court of any legal or factual differences between the two consolidated cases that might bear on this Courts ruling on the pending motions in this case, the parties shall present those arguments in the supplemental briefing that this Court previously ordered. Signed by Judge Ketanji Brown Jackson on 1/9/2019. (lckbj1)

MINUTE ORDER granting, for good cause shown, 28 Motion for Extension of Time to File Supplemental Briefing. It is hereby ORDERED that the parties' supplemental briefs are due on or before 2/4/2019, and their supplemental responses are due on or before 2/18/2019. The Court will entertain a request for a briefing schedule on a motion to stay if and when any such motion is filed. Signed by Judge Ketanji Brown Jackson on 1/18/2018. (lckbj1)

Joint MOTION for Extension of Time to File Supplemental Briefs by KIRSTJEN NIELSEN, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Thorp, Galen) (Entered: 01/28/2019)

MOTION for Partial Summary Judgment Regarding Texas Waivers by ANIMAL LEGAL DEFENSE FUND, CENTER FOR BIOLOGICAL DIVERSITY, DEFENDERS OF WILDLIFE, SOUTHWEST ENVIRONMENTAL CENTER (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Crystal, Howard) (Entered: 02/04/2019)

TRANSCRIPT OF MOTION HEARING before Judge Ketanji Brown Jackson held on 12-18-2018; Page Numbers: 1 - 91. Date of Issuance: 02-05-2019. Court Reporter/Transcriber: Elizabeth SaintLoth, Telephone number: 202-354-3242, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court repor ter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/26/2019. Redacted Transcript Deadline set for 3/8/2019. Release of Transcript Restriction set for 5/6/2019.(Saint-Loth, Elizabeth) (Entered: 02/05/2019)

RESPONSE re 33 SUPPLEMENTAL MEMORANDUM to re 21 MOTION to Dismiss Cross Motion for Summary Judgment MOTION for Summary Judgment filed by CENTER FOR BIOLOGICAL DIVERSITY. (Su, Anchun) Modified on 3/1/2019 to correct docket link and text (jf). (Entered: 02/28/2019)

RESPONSE re 35 NOTICE OF SUPPLEMENTAL AUTHORITY filed by CENTER FOR BIOLOGICAL DIVERSITY. (Su, Anchun) (Entered: 06/14/2019)

ORDER denying Plaintiffs' 16 Motion for Summary Judgment; granting Defendants' 21 Motion to Dismiss, or, in the Alternative, for Summary Judgment; and denying Plaintiffs' 30 Motion for Partial Summary Judgment. Signed by Judge Ketanji Brown Jackson on 9/4/2019. (lckbj2) (Entered: 09/04/2019)

RESPONSE TO ORDER TO SHOW CAUSE by ANIMAL LEGAL DEFENSE FUND, CENTER FOR BIOLOGICAL DIVERSITY, DEFENDERS OF WILDLIFE, SOUTHWEST ENVIRONMENTAL CENTER re Order, Sep. 10, 2019 Minute Order. (Su, Anchun) (Entered: 09/11/2019)

NOTICE from the Supreme Court (jf) (Entered: 11/06/2019)