Case: City of Evanston v. Sessions

1:18-cv-04853 | U.S. District Court for the Northern District of Illinois

Filed Date: July 16, 2018

Case Ongoing

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Case Summary

On July 16, 2018, the City of Evanston, Illinois, along with the U.S. Conference of Mayors, filed this lawsuit against the United States Department of Justice. The plaintiffs sought to enjoin the DOJ from imposing three new conditions on the Edward Byrne Memorial Justice Assistance Grant Program (Byrne JAG program), a federal grant program that provides crucial support for law enforcement in hundreds of cities nationwide. These three conditions would require that cities (1) give the Department…

On July 16, 2018, the City of Evanston, Illinois, along with the U.S. Conference of Mayors, filed this lawsuit against the United States Department of Justice. The plaintiffs sought to enjoin the DOJ from imposing three new conditions on the Edward Byrne Memorial Justice Assistance Grant Program (Byrne JAG program), a federal grant program that provides crucial support for law enforcement in hundreds of cities nationwide. These three conditions would require that cities (1) give the Department of Homeland Security and U.S. Immigration and Customs Enforcement 48 hours’ notice (or at least as much notice as practicable) prior to releasing any alien from custody (the “notice condition”); (2) give DHS officials unlimited access to local law enforcement facilities to interrogate any suspected noncitizen held there (the “access condition”); and (3) certify compliance with 8 U.S.C. §§ 1373 and 1644, which bar local governments from withholding immigration status information from the federal government (the “compliance condition”).

The plaintiffs sued the DOJ under the Administrative Procedure Act and the Declaratory Judgment Act, arguing that the DOJ lacked statutory authority to condition Byrne JAG funds on the notice, access, and compliance conditions, and that the conditions were arbitrary and capricious. Additionally, they argued that the three conditions amounted to improper usurpation of Congress’s spending power by the executive branch, thus violating separation of powers. Even if there were no separation-of-powers violation, the plaintiffs argued that Congress could not have authorized the three conditions because they did not satisfy Spending Clause requirements. The conditions also violated the Tenth Amendment’s anti-commandeering principle. The plaintiffs sought a declaration that the DOJ’s requirements were unlawful, and sought an injunction preventing the DOJ from imposing the conditions. The case was originally assigned to Judge Charles R. Norgle, but was shortly thereafter reassigned to Judge Harry D. Leinenweber.

On July 20, 2018 the plaintiffs filed a motion for a temporary restraining order and a preliminary injunction. On August 9, 2018, the court held that the plaintiffs had standing and issued a preliminary injunction enjoining the DOJ from attaching the three challenged conditions to grants awarded to the City of Evanston or to any member of the Conference of Mayors. However, given a pending Seventh Circuit ruling on a nationwide injunction in a parallel case (City of Chicago v. Sessions), the court stayed its injunction as applied to the Conference. The plaintiffs appealed the stay, which was lifted by the Seventh Circuit on August 29, 2018.

On October 5, 2018, the DOJ appealed the grant of the preliminary injunction to the Seventh Circuit. However, the parties filed a joint motion to hold appellate proceedings in abeyance, which was granted on October 15.

On December 10, 2018, the plaintiffs filed an amended complaint challenging two additional conditions on Byrne JAG program funding: (1) the “questionnaire condition,” which required a city to answer questions about whether it had any policies about how employees may communicate with DHS or ICE and (2) the “harboring condition,” requiring cities to agree not to violate 8 U.S.C. § 1324(a) (a prohibition on hiding or harboring undocumented immigrants).

On February 11, 2019, the plaintiffs filed a motion for partial summary judgment. The court held a hearing on the plaintiffs’ motion on April 9, 2019. The DOJ then filed a motion to dismiss for failure to state a claim and for lack of jurisdiction, and in the alternative, for summary judgment.

The court denied the DOJ’s motion to dismiss on September 26, 2019. On the same day, the court granted the plaintiffs’ motion for summary judgment with respect to the notice, access, compliance, and harboring conditions, as well as an additional certification requirement. It granted a declaration that 8 U.S.C. §§1373 and 1644 violated the anti-commandeering doctrine, declaring that “the Attorney General cannot require compliance with these statutes as a condition” of funding. The court also issued a permanent injunction prohibiting the Attorney General from imposing any of the challenged conditions in future grant years. 412 F.Supp.3d 873. The DOJ appealed.

While the appeal was pending, the court granted a plaintiff motion for attorneys’ fees and expenses on April 23, 2020. It awarded $97,546.43 in attorneys’ fees and $283.75 in costs and expenses. On July 2, 2020, the court granted the plaintiffs an additional $21,953.38 in supplemental fees.

As of July 2020, the appeal is currently pending.

Summary Authors

Eva Richardson (5/27/2019)

Bogyung Lim (7/13/2020)

Related Cases

State of Illinois v. Barr, Northern District of Illinois (2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7446796/parties/city-of-evanston-v-william-p-barr/


Judge(s)
Attorney for Plaintiff

Attorney, Nicholas Cummings, (Illinois)

Attorney, Kyle A. (Illinois)

Attorney for Defendant

Attorney, Bradley Hinshelwood, (Illinois)

Attorney, Laura Myron, (Illinois)

Attorney, Daniel Tenny, (Illinois)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

1:18-cv-04853

Docket

City of Evanston v. Barr

July 6, 2020

July 6, 2020

Docket
1

1:18-cv-04853

Complaint for Injunctive and Declaratory Relief

July 16, 2018

July 16, 2018

Complaint
23

1:18-cv-04853

Order

Aug. 9, 2018

Aug. 9, 2018

Order/Opinion
46

1:18-cv-04853

Amended Complaint for Injunctive and Declaratory Relief

Dec. 10, 2018

Dec. 10, 2018

Complaint
93

1:18-cv-04853

Memorandum Opinion and Order

City of Evanston v. Barr

Sept. 26, 2019

Sept. 26, 2019

Order/Opinion

412 F.Supp.3d 873

150

1:18-cv-04853

Amended Final Judgment and Order

Nov. 15, 2021

Nov. 15, 2021

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7446796/city-of-evanston-v-william-p-barr/

Last updated March 16, 2026, 7:07 p.m.

ECF Number Date Description Link
1 July 16, 2018

COMPLAINT filed by City of Evanston, The United States Conference of Mayors; Filing fee $ 400, receipt number 0752-14704723. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G)(Haussmann, Brian) (Entered: 07/16/2018)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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5 Exhibit Exhibit E

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6 Exhibit Exhibit F

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7 Exhibit Exhibit G

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2 July 16, 2018

CIVIL Cover Sheet (Haussmann, Brian) (Entered: 07/16/2018)

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3 July 16, 2018

ATTORNEY Appearance for Plaintiff The United States Conference of Mayors by Brian C Haussmann (Haussmann, Brian) (Entered: 07/16/2018)

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4 July 16, 2018

ATTORNEY Appearance for Plaintiff The United States Conference of Mayors by Katherine M. O'Brien (O'Brien, Katherine) (Entered: 07/16/2018)

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5 July 16, 2018

NOTICE by All Plaintiffs of Claims of Unconstitutionality (O'Brien, Katherine) (Entered: 07/16/2018)

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6 July 16, 2018

ATTORNEY Appearance for Plaintiff The United States Conference of Mayors by John Matthew Fitzgerald (Fitzgerald, John) (Entered: 07/16/2018)

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July 17, 2018

CASE ASSIGNED to the Honorable Charles R. Norgle, Sr. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. (kb, ) (Entered: 07/17/2018)

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7 July 17, 2018

ATTORNEY Appearance for Plaintiff City of Evanston by Michelle Lee Masoncup (Masoncup, Michelle) (Entered: 07/17/2018)

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8 July 17, 2018

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The United States Conference of Mayors (O'Brien, Katherine) (Entered: 07/17/2018)

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July 17, 2018

CASE ASSIGNED to the Honorable Charles R. Norgle, Sr. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. (kb, )

July 18, 2018

SUMMONS Issued as to Defendant Jefferson Beauregard Sessions III (yt) (Entered: 07/18/2018)

PACER
July 18, 2018

SUMMONS Issued as to Defendant Jefferson Beauregard Sessions III (yt)

9 July 19, 2018

SUMMONS Returned Executed by The United States Conference of Mayors as to Jefferson Beauregard Sessions III on 7/18/2018, answer due 8/8/2018. (Haussmann, Brian) Modified on 7/20/2018 (kp, ). (Docket Text Modified by Clerk's Office) (Entered: 07/19/2018)

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10 July 20, 2018

MOTION by Plaintiffs City of Evanston, The United States Conference of Mayors for temporary restraining order, MOTION by Plaintiffs City of Evanston, The United States Conference of Mayors for preliminary injunction (Attachments: # 1 Declaration Declaration of Tom Cochran, # 2 Exhibit Exhibits 1-9 to Cochran Declaration, # 3 Declaration Declaration of Louis Gergits, # 4 Exhibit Exhibits 1-3 to Gergits Declaration)(Haussmann, Brian) (Entered: 07/20/2018)

1 Declaration Declaration of Tom Cochran

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2 Exhibit Exhibits 1-9 to Cochran Declaration

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3 Declaration Declaration of Louis Gergits

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4 Exhibit Exhibits 1-3 to Gergits Declaration

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11 July 23, 2018

ATTORNEY Appearance for Plaintiff The United States Conference of Mayors by Kyle Alexander Cooper (Cooper, Kyle) (Entered: 07/23/2018)

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12 July 23, 2018

ATTORNEY Appearance for Defendant Jefferson Beauregard Sessions III by Brad P. Rosenberg (Rosenberg, Brad) (Entered: 07/23/2018)

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14 July 24, 2018

MINUTE entry before the Honorable Harry D. Leinenweber: Motion hearing held on 7/24/2018. The Government shall file its response to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction on or before 8/3/2018. Plaintiffs shall file their reply on or before 8/6/2018. Oral argument on the motion set for 8/8/2018 at 9:00 a.m. Oral ruling set on 8/9/2018 at 9:00 a.m. Mailed notice (maf) (Entered: 07/26/2018)

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13 July 25, 2018

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Harry D. Leinenweber for all further proceedings. Honorable Charles R. Norgle, Sr no longer assigned to the case. Signed by Executive Committee on 7/25/18. (kp, ) (Entered: 07/26/2018)

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15 Aug. 3, 2018

MEMORANDUM by Jefferson Beauregard Sessions III in Opposition to motion for temporary restraining order,, motion for preliminary injunction, 10 (Attachments: # 1 Exhibit A: Declaration of Tracey Trautman & Exhibits 1 & 2 Attached Thereto, # 2 Exhibit B: San Francisco v. Sessions Decision)(Rosenberg, Brad) (Entered: 08/03/2018)

1 Exhibit A: Declaration of Tracey Trautman & Exhibits 1 & 2 Attached Thereto

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2 Exhibit B: San Francisco v. Sessions Decision

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16 Aug. 6, 2018

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14785089. (Enoch, Craig) (Entered: 08/06/2018)

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17 Aug. 6, 2018

MOTION by Amicus Mayors of the Cities of Allen, Celina, College Station, Farmers Branch, Mason, and Midland, Texas; Pensacola, Florida, and the Former Mayor of Little Elm, Texas for leave to file Amici Brief (Attachments: # 1 Exhibit to Motion for Leave to File Amici Brief)(Enoch, Craig) (Entered: 08/06/2018)

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18 Aug. 6, 2018

Amici Brief by Mayors of the Cities of Allen, Celina, College Station, Farmers Branch, Mason, and Midland, Texas; Pensacola, Florida, and the Former Mayor of Little Elm, Texas (Enoch, Craig) (Entered: 08/06/2018)

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19 Aug. 6, 2018

REPLY by City of Evanston, The United States Conference of Mayors to memorandum in opposition to motion, 15, MOTION by Plaintiffs City of Evanston, The United States Conference of Mayors for temporary restraining order MOTION by Plaintiffs City of Evanston, The United States Conference of Mayors for preliminary injunction 10 (Haussmann, Brian) (Entered: 08/06/2018)

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20 Aug. 7, 2018

ATTORNEY Appearance for Amicus State of Texas by David Jonathan Hacker (Hacker, David) (Entered: 08/07/2018)

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21 Aug. 7, 2018

MOTION by Amicus State of Texas for leave to file a Brief as Amicus Curiae (Attachments: # 1 Exhibit A (Proposed Brief of Amicus Curiae))(Hacker, David) (Entered: 08/07/2018)

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22 Aug. 8, 2018

MINUTE entry before the Honorable Harry D. Leinenweber: Oral argument held on 8/8/2018. Oral ruling set for 8/9/2018 is vacated. Ruling by mail by 8/9/2018. Mailed notice (maf) (Entered: 08/08/2018)

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23 Aug. 9, 2018

ORDER: See attached order re: plaintiffs' motion for a temporary restraining order and preliminary injunction 10 . Signed by the Honorable Harry D. Leinenweber on 8/9/2018:Mailed notice(maf) (Entered: 08/09/2018)

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24 Aug. 9, 2018

NOTICE of appeal by The United States Conference of Mayors regarding orders 23 Filing fee $ 505, receipt number 0752-14807075. Receipt number: n (Haussmann, Brian) (Entered: 08/09/2018)

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25 Aug. 9, 2018

DOCKETING Statement by The United States Conference of Mayors regarding notice of appeal 24 (Haussmann, Brian) (Entered: 08/09/2018)

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26 Aug. 10, 2018

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 24 (ek, ) (Entered: 08/10/2018)

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27 Aug. 10, 2018

TRANSMITTED to the 7th Circuit the short record on notice of appeal 24 . Notified counsel (ek, ) (Entered: 08/10/2018)

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28 Aug. 10, 2018

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 24 ; USCA Case No. 18-2734 (ek, ) (Entered: 08/10/2018)

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29 Aug. 13, 2018

ORDER: Pro hac vice motion is granted 16 . Motions for leave to file amicus briefs are denied [ 17, 21 ]. Signed by the Honorable Harry D. Leinenweber on 8/13/2018. Mailed notice. (kp, ) (Entered: 08/13/2018)

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30 Aug. 24, 2018

SEVENTH CIRCUIT transcript information sheet by The United States Conference of Mayors (Cooper, Kyle) (Entered: 08/24/2018)

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31 Aug. 27, 2018

SEVENTH CIRCUIT transcript information sheet by The United States Conference of Mayors (Cooper, Kyle) (Entered: 08/27/2018)

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32 Aug. 28, 2018

TRANSCRIPT OF PROCEEDINGS held on 08/08/2018 before the Honorable Harry D. Leinenweber. Order Number: 31957. Court Reporter Contact Information: Judith A. Walsh, CSR, RDR, F/CRR. Official Court Reporter. judith_walsh@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 9/18/2018. Redacted Transcript Deadline set for 9/28/2018. Release of Transcript Restriction set for 11/26/2018. (Walsh, Judy) (Entered: 08/28/2018)

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33 Aug. 29, 2018

CERTIFIED copy of order dated 8/29/2018 from the 7th Circuit regarding notice of appeal 24 ; Appellate case no. : 18-2734; IT IS ORDERED that the emergency motion to lift the stay of preliminary injunction is GRANTED. The district court's stay is LIFTED, and the preliminary injunction shall be in effect as originally ordered by the district court. The State of Texas has submitted a brief as amicus curiae in support of the appellee, which we CONSTRUE as containing an implied request for leave to file the brief. IT IS FURTHER ORDERED that leave to file the brief in support of the motions matter is DENIED. (jh, ) (Entered: 08/29/2018)

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34 Sept. 17, 2018

ANSWER to Complaint by Jefferson Beauregard Sessions III(Rosenberg, Brad) (Entered: 09/17/2018)

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35 Sept. 25, 2018

MANDATE of USCA dated 9/25/2018 regarding notice of appeal 24 ; USCA No.18-2734; No record to be returned. (jh, ) (Entered: 09/25/2018)

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36 Sept. 25, 2018

CERTIFIED copy of order dated 9/25/2018 from the 7th Circuit regarding notice of appeal 24 ; Appellate case no. : 18-2734; Because the issues in this appeal have been resolved, the appellant moves to voluntarily dismiss its appeal. This appeal is DISMISSED pursuant to Federal Rule of Appellate Procedure 42(b). This court's order dated August 29, 2018, remains in effect, and each party shall bear its own costs. (jh, ) (Entered: 09/25/2018)

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37 Oct. 5, 2018

NOTICE of appeal by Jefferson Beauregard Sessions III regarding orders 23 Receipt number: y (Rosenberg, Brad) (Entered: 10/05/2018)

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38 Oct. 11, 2018

ENTERED IN ERROR (gcy, ) Modified on 10/11/2018 (gcy, ). (Entered: 10/11/2018)

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39 Oct. 11, 2018

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 37 (gcy, ) (Entered: 10/11/2018)

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40 Oct. 11, 2018

NOTICE of Correction 38 . (gcy, ) (Entered: 10/11/2018)

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41 Oct. 11, 2018

TRANSMITTED to the 7th Circuit the short record on notice of appeal 37 . Notified counsel (gcy, ) (Entered: 10/11/2018)

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42 Oct. 15, 2018

ORDER dated 10/15/2018 from the 7th Circuit regarding notice of appeal 37 ; Appellate case no. : 18-3178; IT IS ORDERED that the joint motion to hold appeal in abeyance is GRANTED. The parties shall file status reports regarding the proceedings in the district court by January 14, 2019. (ew, ) (Entered: 10/16/2018)

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43 Dec. 6, 2018

MOTION by Plaintiff The United States Conference of Mayors for leave to file Amended Complaint (Attachments: # 1 Exhibit Exhibit 1)(Haussmann, Brian) (Entered: 12/06/2018)

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44 Dec. 6, 2018

NOTICE of Motion by Brian C Haussmann for presentment of motion for leave to file 43 before Honorable Harry D. Leinenweber on 12/11/2018 at 09:30 AM. (Haussmann, Brian) (Entered: 12/06/2018)

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45 Dec. 10, 2018

MINUTE entry before the Honorable Harry D. Leinenweber: Unopposed motion for leave to file an amended complaint 43 is granted. Mailed notice(maf) (Entered: 12/10/2018)

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46 Dec. 10, 2018

AMENDED complaint by City of Evanston, The United States Conference of Mayors against Jefferson Beauregard Sessions III (Attachments: # 1 Exhibit)(Haussmann, Brian) (Entered: 12/10/2018)

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47 Dec. 13, 2018

MINUTE entry before the Honorable Harry D. Leinenweber: The Court will stay the deadline for the defendant to answer or otherwise plead to the amended complaint until further order of the Court. Mailed notice(maf) (Entered: 12/13/2018)

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48 Dec. 26, 2018

GENERAL ORDER 18-0028 dated 12/26/18: IT IS HEREBY ORDERED, effective December 26, 2018, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 12/26/2018: Mailed notice. (sm, ) (Entered: 12/30/2018)

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49 Jan. 8, 2019

AMENDED GENERAL ORDER 18-0028 dated 01/08/2019: On December 26, 2018, General Order 18-0028 was entered. It appearing that the lapse of congressional appropriations funding the federal government continues, therefore General Order 18-0028 is now amended. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/8/2019: Mailed notice. (sm, ) (Entered: 01/08/2019)

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50 Jan. 28, 2019

GENERAL ORDER 19-0004: RESETTING OF DEADLINES IN CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY. IT APPEARING THAT as a result of the partial federal government shutdown, this Court amended General Order 18-0028 suspending as of December 21, 2018, all civil litigation in which the United States of America, its agencies, its officers, or employees were parties, with the stated intention of clarifying schedules in such cases upon the expiration of the lapse in appropriations; and IT FURTHER APPEARING THAT appropriations having been restored to fund the Department of Justice and other Executive Branch agencies, with employees beginning to report for work beginning on January 28, 2019; accordingly IT IS THEREFORE ORDERED that the stay entered by General Order 18-0028 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement.), including but not limited to any scheduled discovery and pleading dates, are extended by 42 days. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/28/2019: Mailed notice. (mgw, ) (Entered: 01/28/2019)

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51 Feb. 7, 2019

ATTORNEY Appearance for Plaintiff The United States Conference of Mayors by Melody L Gaal (Gaal, Melody) (Entered: 02/07/2019)

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52 Feb. 11, 2019

MOTION by Plaintiffs The United States Conference of Mayors, City of Evanston for partial summary judgment (Haussmann, Brian) (Entered: 02/11/2019)

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53 Feb. 11, 2019

NOTICE of Motion by Brian C Haussmann for presentment of motion for partial summary judgment 52 before Honorable Harry D. Leinenweber on 2/14/2019 at 09:30 AM. (Haussmann, Brian) (Entered: 02/11/2019)

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54 Feb. 11, 2019

MOTION by Plaintiffs City of Evanston, The United States Conference of Mayors for leave to file excess pages in support of motion for partial summary judgment instanter (Unopposed) (Haussmann, Brian) (Entered: 02/11/2019)

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55 Feb. 11, 2019

NOTICE of Motion by Brian C Haussmann for presentment of motion for leave to file excess pages 54 before Honorable Harry D. Leinenweber on 2/14/2019 at 09:30 AM. (Haussmann, Brian) (Entered: 02/11/2019)

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56 Feb. 11, 2019

MEMORANDUM by City of Evanston, The United States Conference of Mayors in support of motion for partial summary judgment 52 (Haussmann, Brian) (Entered: 02/11/2019)

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57 Feb. 11, 2019

RULE 56 (c)(1) Statement by City of Evanston, The United States Conference of Mayors regarding motion for partial summary judgment 52 (Haussmann, Brian) (Entered: 02/11/2019)

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58 Feb. 11, 2019

DECLARATION of Tom Cochran regarding motion for partial summary judgment 52 (Attachments: # 1 Exhibit 1 - Exhibit 9)(Haussmann, Brian) (Entered: 02/11/2019)

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59 Feb. 11, 2019

DECLARATION of Louis Gergits regarding motion for partial summary judgment 52 (Attachments: # 1 Exhibit 1 - Exhibit 4)(Haussmann, Brian) (Entered: 02/11/2019)

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60 Feb. 11, 2019

DECLARATION of Sarita Nair regarding motion for partial summary judgment 52 (Attachments: # 1 Exhibit 1 - Exhibit 4, # 2 Exhibit 5 - Exhibit 7)(Haussmann, Brian) (Entered: 02/11/2019)

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61 Feb. 11, 2019

DECLARATION of Jeannie K. Springer regarding motion for partial summary judgment 52 (Attachments: # 1 Exhibit 1)(Haussmann, Brian) (Entered: 02/11/2019)

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62 Feb. 11, 2019

Plaintiffs' Request for Judicial Notice In Support of Motion for Partial Summary Judgment by City of Evanston, The United States Conference of Mayors (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Haussmann, Brian) (Entered: 02/11/2019)

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63 Feb. 14, 2019

MINUTE entry before the Honorable Harry D. Leinenweber: In court hearing and ruling on motion hearing held. Motion for leave to file excess pages 54 is granted. MOTION for partial summary judgment 52 is entered and continued to 3/6/19 at 9:00 a.m. Mailed notice(maf) (Entered: 02/14/2019)

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64 Feb. 26, 2019

MINUTE entry before the Honorable Harry D. Leinenweber: MOTION for partial summary judgment #52 set for 3/6/19 is re-set to 3/21/19 at 9:00 a.m. Mailed notice(maf) (Entered: 02/26/2019)

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65 March 14, 2019

ATTORNEY Appearance for Defendants Jefferson Beauregard Sessions III, Matthew G Whitaker by Daniel Duane Mauler (Mauler, Daniel) (Entered: 03/14/2019)

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66 March 17, 2019

TRANSCRIPT OF PROCEEDINGS held on 02/14/2019 before the Honorable Harry D. Leinenweber. Order Number: 34045. Court Reporter Contact Information: Judith A. Walsh, CSR, RDR, F/CRR. Official Court Reporter. judith_walsh@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 4/8/2019. Redacted Transcript Deadline set for 4/17/2019. Release of Transcript Restriction set for 6/17/2019. (Walsh, Judy) (Entered: 03/17/2019)

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67 March 19, 2019

MINUTE entry before the Honorable Harry D. Leinenweber: By agreement, status hearing and motion for partial summary judgment #52 set for 3/21/19 is re-set to 4/9/19 at 9:00 a.m. Mailed notice(maf) (Entered: 03/19/2019)

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68 March 29, 2019

MOTION by Plaintiffs City of Evanston, The United States Conference of Mayors for leave to file Supplemental Authority (Attachments: # 1 Exhibit)(Haussmann, Brian) (Entered: 03/29/2019)

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69 March 29, 2019

NOTICE of Motion by Brian C Haussmann for presentment of motion for leave to file 68 before Honorable Harry D. Leinenweber on 4/9/2019 at 09:00 AM. (Haussmann, Brian) (Entered: 03/29/2019)

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70 April 2, 2019

MINUTE entry before the Honorable Harry D. Leinenweber: Plaintiffs' motion 68 is granted. Plaintiffs may file the supplemental authority discussed in motion 68 . Status hearing on 4/9/19 at 9:00 a.m. shall stand. Mailed notice(maf) (Entered: 04/02/2019)

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71 April 2, 2019

Plaintiffs Supplemental Authority In Support of Their Motion For Partial Summary Judgment by City of Evanston, The United States Conference of Mayors (Haussmann, Brian) (Entered: 04/02/2019)

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72 April 3, 2019

MOTION by Attorney Melody L. Gaal to withdraw as attorney for City of Evanston, The United States Conference of Mayors. No party information provided (Gaal, Melody) (Entered: 04/03/2019)

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73 April 3, 2019

NOTICE of Motion by Melody L Gaal for presentment of motion to withdraw as attorney 72 before Honorable Harry D. Leinenweber on 4/9/2019 at 09:00 AM. (Gaal, Melody) (Entered: 04/03/2019)

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74 April 5, 2019

STATUS Report Joint by The United States Conference of Mayors (Attachments: # 1 Exhibit)(Haussmann, Brian) (Entered: 04/05/2019)

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75 April 9, 2019

MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing and ruling on motion hearing held. Motion to withdraw as attorney 72 is granted. Defendant shall respond to Plaintiff's motion for summary judgment 52 and file any cross-motion on or before 5/9/19. Plaintiffs shall file a combined reply in support of their motion for partial summary judgment and response to any cross-motion by 6/6/19. Defendant shall file any reply by 6/20/19. The parties may file oversized briefs in the page limits described in the joint status report 74 . Status hearing/ruling date set for 8/1/19 at 9:00 a.m. Mailed notice(maf) (Entered: 04/10/2019)

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76 May 9, 2019

CERTIFIED COPY OF ADMINISTRATIVE RECORD by Defendants Jefferson Beauregard Sessions III, Matthew G Whitaker (Attachments: # 1 Administrative Record, Part 1, # 2 Administrative Record, Part 2, # 3 Administrative Record, Part 3, # 4 Administrative Record, Part 4, # 5 Administrative Record, Part 5, # 6 Administrative Record, Part 6)(Mauler, Daniel) (Entered: 05/09/2019)

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77 May 9, 2019

MOTION by Defendants Jefferson Beauregard Sessions III, Matthew G Whitaker to dismiss for failure to state a claim and for lack of jurisdiction, or in the alternative, motion for summary judgment (Mauler, Daniel) (Entered: 05/09/2019)

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78 May 9, 2019

MEMORANDUM by Jefferson Beauregard Sessions III, Matthew G Whitaker in support of motion to dismiss 77 or in the alternative, motion for summary judgment, and Opposition to Plaintiffs' Motion for Partial Summary Judgment (ECF No. 52) (Attachments: # 1 Defendant's Request for Judicial Notice)(Mauler, Daniel) (Entered: 05/09/2019)

1 Defendant's Request for Judicial Notice

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79 May 9, 2019

RULE 56 Statement by Jefferson Beauregard Sessions III, Matthew G Whitaker regarding motion to dismiss 77 or in the alternative, motion for summary judgment (Mauler, Daniel) (Entered: 05/09/2019)

RECAP
80 May 9, 2019

RULE 56 Response to Plaintiff's LR 56.1 Statement Statement by Jefferson Beauregard Sessions III, Matthew G Whitaker regarding motion for partial summary judgment 52 (Mauler, Daniel) (Entered: 05/09/2019)

RECAP
81 May 31, 2019

MINUTE entry before the Honorable Harry D. Leinenweber: Agreed oral motion by the parties to extend the briefing schedule is granted as follows: June 6, 2019: Plaintiffs shall file a combined reply in support of their motion for partial summary judgment and response to Defendant's cross-motion;June 20, 2019: Defendant shall file any reply; Status hearing/ruling date set for August 1, 2019, is re-set to August 22, 2019 at 9:00 a.m. Mailed notice(maf ) (Entered: 05/31/2019)

RECAP
82 May 31, 2019

MINUTE entry before the Honorable Harry D. Leinenweber: Docket entry #81 is amended as follows: response by 6/14/19, reply by 6/28/19. Status hearing/ruling set for 8/22/19 at 9:00 a.m. Mailed notice(maf) (Entered: 05/31/2019)

RECAP
83 June 13, 2019

MINUTE entry before the Honorable Harry D. Leinenweber: Parties have agreed orally to amend the current briefing schedule regarding the pending matters as follows: On 6/21/19, Plaintiffs shall file a combined reply in support of their motion for partial summary judgment and response to Defendant's cross-motion. On 7/12/19, Defendant shall file any reply. Status hearing/ruling set for 8/22/19 at 9:00 a.m. to stand. Mailed notice(maf) (Entered: 06/13/2019)

RECAP
84 June 21, 2019

REPLY by Plaintiffs City of Evanston, The United States Conference of Mayors to motion for partial summary judgment 52 (Haussmann, Brian) (Entered: 06/21/2019)

RECAP
85 June 21, 2019

RESPONSE by Plaintiffs City of Evanston, The United States Conference of Mayors to Rule 56 statement 79 (Haussmann, Brian) (Entered: 06/21/2019)

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86 June 26, 2019

ATTORNEY Appearance for Plaintiff The United States Conference of Mayors by Amie Marie Bauer (Bauer, Amie) (Entered: 06/26/2019)

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87 July 12, 2019

REPLY by Defendants Jefferson Beauregard Sessions III, Matthew G Whitaker to reply 84 (Reply in Support of Defendant's Motion to Dismiss, or in the Alternative, Motion for Summary Judgment (ECF No. 77)) (Mauler, Daniel) (Entered: 07/12/2019)

RECAP
88 Aug. 12, 2019

MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing/ruling set for 8/22/19 is vacated and no appearance is needed. The Court will rule by mail. Mailed notice(maf) (Entered: 08/12/2019)

RECAP
89 Aug. 14, 2019

MOTION by Plaintiff City of Evanston, The United States Conference of Mayors Leave to File Supplemental Authority (Attachments: # 1 Exhibit, # 2 Exhibit)(Haussmann, Brian) Docket Text Modified by Clerk's Office on 8/14/2019 (ph, ). (Entered: 08/14/2019)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

RECAP
90 Aug. 14, 2019

NOTICE of Motion by Brian C Haussmann for presentment of motion for miscellaneous relief, 89 before Honorable Harry D. Leinenweber on 8/21/2019 at 09:30 AM. (Haussmann, Brian) (Entered: 08/14/2019)

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91 Aug. 19, 2019

MINUTE entry before the Honorable Harry D. Leinenweber: Plaintiffs' motion 89 is granted. Plaintiffs may file the supplemental authority discussed in motion 89 in support of their motion for summary judgment. Presentment on 8/21/19 is stricken as moot. Mailed notice(maf) (Entered: 08/19/2019)

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92 Aug. 19, 2019

Plaintiffs Supplemental Authority In Support of Their Motion For Partial Summary Judgment by City of Evanston, The United States Conference of Mayors (Haussmann, Brian) (Entered: 08/19/2019)

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94 Sept. 26, 2019

Enter Final Judgement and Order. For the reasons stated herein, The Court has granted summary judgment in Plaintiffs' favor on Counts I, II, and IV of the Amended Complaint (Dkt. No. 46), and dismissed Counts III and V. There being no Counts remaining to be decided on the merits, the Court now enters final judgment in this case. Plaintiffs may still seek reasonable attorneys' fees and costs in this matter. See 28 U.S.C. ยง 2412. The AttorneyGeneral is entitled to object to or oppose any attempt by Plaintiffs to recover the same. Signed by the Honorable Harry D. Leinenweber on 9/26/2019:Mailed notice (maf) (Main Document 94 replaced on 9/27/2019) (maf, ). (Entered: 09/26/2019)

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93 Sept. 26, 2019

MEMORANDUM Opinion and Order. For the reasons stated herein, Defendant's Motion to Dismiss 77 is denied. Plaintiffs' Motion for Summary Judgment 52 is granted in part and denied in part. The Court grants summary judgment for Plaintiffs on Counts I and II with respect to all challenged conditions, and on Count IV insofar as Plaintiffs are entitled to a declaration that Sections 1373 and 1644 violate the anticommandeering doctrine and the Attorney General cannot require compliance with these statutes as a condition of Byrne JAG funds. The Court dismisses Counts III and V as moot. Signed by the Honorable Harry D. Leinenweber on 9/26/2019: Mailed notice (maf) (Entered: 09/26/2019)

Clearinghouse
95 Sept. 26, 2019

MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing set for 10/1/2019 at 09:00 AM.Mailed notice(maf) (Entered: 09/26/2019)

RECAP
96 Oct. 1, 2019

MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing held. Plaintiffs shall file their fee petition and bill of costs on or before 10/29/19. Defendant shall respond on or before 11/12/19. Reply, if any, due 11/19/19. The Court will rule by mail. Mailed notice(maf) (Entered: 10/01/2019)

RECAP

Case Details

State / Territory:

Illinois

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Trump Administration 1.0: Challenges to the Government

Key Dates

Filing Date: July 16, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The City of Evanston, Illinois and the U.S. Conference of Mayors.

Plaintiff Type(s):

City/County Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Department of Justice

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Federalism (including 10th Amendment)

Other Dockets:

Northern District of Illinois 1:18-cv-04853

U.S. Court of Appeals for the Seventh Circuit 18-02734

U.S. Court of Appeals for the Seventh Circuit 18-03178

U.S. Court of Appeals for the Seventh Circuit 19-03358

U.S. Court of Appeals for the Seventh Circuit 20-02150

U.S. Court of Appeals for the Seventh Circuit 20-02447

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Declaratory Judgment

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: 119,499.81

Issues

General/Misc.:

Funding

Immigration/Border:

Sanctuary city/state

Undocumented immigrants - state and local regulation

Recommended Citation