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Date: 06-17-2024
Case Style:
Case Number: 4:24-cv-00162
Judge: Stephen H. Locher
Court: United States District Court for the Southern District of Iowa (Polk County)
Plaintiff's Attorney: Attorney General of the United States of America
Defendant's Attorney: Iowa's Attorney General's Office
Description:
Des Moines, Iowa Attorney General of the United States represented the United States of America sued the State of Iowa seeking a declaratory judgment on the constitutionality of a new Iowa law imposing criminal penalties on undocuments immegrants.
06/12/2024 28 TRANSCRIPT of Proceedings re 26 Evidentiary Hearing held on 06/10/2024 before Judge Stephen H. Locher. Court Reporter: Tonya R. Gerke, Telephone Number: (515)284-6444. Page Nos.: 1-61. Transcript may be viewed at court public terminal or purchased through Court Reporter before deadline for Release of Transcript Restriction. After that date it may be obtained through court reporter, Clerk's Office, or PACER. Redaction Request due 7/8/2024. Redacted Transcript Deadline set for 7/18/2024. Release of Transcript Restriction set for 9/13/2024. (trg) (Entered: 06/12/2024)
06/11/2024 27 TEXT ORDER granting 23 Motion for Leave to Appear Pro Hac Vice Christopher J. Hajec. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr on 6/11/2024. (nla) (Entered: 06/11/2024)
06/10/2024 26 Minute Entry for proceedings held before Judge Stephen H. Locher: Preliminary Injunction Hearing held on 6/10/2024. (Court Reporter Tonya Gerke.) (mm) (Entered: 06/10/2024)
06/10/2024 25 AMICUS BRIEF by Immigration Reform Law Institute. (nla) (Entered: 06/10/2024)
06/07/2024 24 TEXT ORDER granting 22 Immigration Reform Law Institute's Motion for Leave to File a Brief as Amicus Curiae. The Clerk of Court is directed to detach and docket the brief attached to the motion. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 6/7/2024. (jeb) (Entered: 06/07/2024)
06/06/2024 23 MOTION for Leave to Appear Pro Hac Vice by Immigration Reform Law Institute. (Boal, Michael) Modified on 6/10/2024 Receipt Number: AIASDC-5474906 Fee paid in the amount of $100 (kjw). (Entered: 06/06/2024)
06/06/2024 22 Unresisted MOTION for Leave to File Brief as Amicus Curiae by Immigration Reform Law Institute.Motions referred to Stephen B. Jackson, Jr. Responses due by 6/20/2024. (Attachments: # 1 Brief in Support)(Boal, Michael) (Entered: 06/06/2024)
06/06/2024 21 TEXT ORDER granting 20 United States' Unresisted Motion for Extension of Page Limits. Pursuant to Local Rule 7(h), the Clerk of Court is directed to detach and docket the brief attached to the motion. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 6/6/2024. (jeb) (Entered: 06/06/2024)
06/05/2024 20 Unresisted MOTION to file overlength brief by United States of America.Motions referred to Stephen B. Jackson, Jr. Responses due by 6/20/2024. (Attachments: # 1 [Proposed] Reply Brief in Support of Motion for Preliminary or Permanent Injunction)(Eiswerth, Christopher) (Entered: 06/05/2024)
05/31/2024 19 RESPONSE to Motion re 7 MOTION for Preliminary Injunction MOTION for Permanent Injunction filed by Stephan K. Bayens, Brenna Bird, Iowa Department of Public Safety, Kimberly Reynolds, State of Iowa. Replies due by 6/7/2024.(Stoltze, Breanne) (Entered: 05/31/2024)
05/29/2024 18 WAIVER OF SERVICE Returned Executed filed by United States of America; Stephan K. Bayens waiver served on 5/14/2024, answer due 7/15/2024. (Eiswerth, Christopher) (Entered: 05/29/2024)
05/29/2024 17 WAIVER OF SERVICE Returned Executed filed by United States of America; Iowa Department of Public Safety waiver served on 5/14/2024, answer due 7/15/2024. (Eiswerth, Christopher) (Entered: 05/29/2024)
05/29/2024 16 WAIVER OF SERVICE Returned Executed filed by United States of America; Brenna Bird waiver served on 5/14/2024, answer due 7/15/2024. (Eiswerth, Christopher) (Entered: 05/29/2024)
05/29/2024 15 WAIVER OF SERVICE Returned Executed filed by United States of America; Kimberly Reynolds waiver served on 5/14/2024, answer due 7/15/2024. (Eiswerth, Christopher) (Entered: 05/29/2024)
05/29/2024 14 WAIVER OF SERVICE Returned Executed filed by United States of America; State of Iowa waiver served on 5/14/2024, answer due 7/15/2024. (Eiswerth, Christopher) (Entered: 05/29/2024)
05/15/2024 12 NOTICE of Appearance by Jean Lin on behalf of United States of America (Lin, Jean) (Entered: 05/15/2024)
05/14/2024 11 TEXT ORDER granting 9 Defendants' Motion for Extension of Time and Pages for Defendants' Response in Opposition to Plaintiff's Motion for a Preliminary Injunction. Defendants have until May 31, 2024 to respond to the United States' Motion for Preliminary or Permanent Injunction 7 and are granted leave to file a brief up to 25 pages in length. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 5/14/2024. (jeb) (Entered: 05/14/2024)
05/14/2024 10 NOTICE of Appearance by Patrick Cannon Valencia on behalf of All Defendants (Valencia, Patrick) (Entered: 05/14/2024)
05/13/2024 9 MOTION for Extension of Time to File AND PAGES FOR DEFENDANTS RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION by Stephan K. Bayens, Brenna Bird, Iowa Department of Public Safety, Kimberly Reynolds, State of Iowa.Motions referred to Stephen B. Jackson, Jr. Responses due by 5/28/2024. (Wessan, Eric) (Entered: 05/13/2024)
05/13/2024 8 TEXT ORDER SETTING HEARING regarding 7 Motion for Preliminary Injunction and Motion for Permanent Injunction filed by United States of America. The Court will hold a consolidated hearing to address this motion and the similar motion in Case Number 4:24-cv-00161. The Motion Hearing is set for 6/10/2024 at 09:30 AM in Des Moines - Room 265 - 2nd Floor before Judge Stephen H. Locher. At the hearing, the Court will first hear argument from the moving party in Case Number 4:24-cv-00161, followed by argument from the moving party in this case, followed by argument from the respondents. The moving parties collectively will be given forty-five minutes for argument, to be allocated as they see fit. The respondents likewise collectively will be given forty-five minutes for argument, to be allocated as they see fit. Signed by Judge Stephen H. Locher on 5/13/2024. (mm) (Entered: 05/13/2024)
05/13/2024 7 MOTION for Preliminary Injunction , MOTION for Permanent Injunction by United States of America. Responses due by 5/28/2024. (Attachments: # 1 Brief in Support, # 2 Exhibit 1 - Jacobstein Declaration, # 3 Exhibit 2 - Kim Declaration, # 4 Exhibit 3 - Hott Declaration)(Eiswerth, Christopher) (Entered: 05/13/2024)
05/13/2024 6 TEXT ORDER granting 3 United States' Unopposed Motion for Extension of Page Limit. The United States is granted leave to file an overlength brief. However, because other materials were incorrectly attached to the motion, the United States must refile all those materials properly on the docket along with the brief. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 5/13/2024. (jeb) (Entered: 05/13/2024)
05/13/2024 5 NOTICE of Appearance by Nicholas Davis on behalf of All Defendants (Davis, Nicholas) (Entered: 05/13/2024)
05/10/2024 4 NOTICE of Appearance by Breanne Alyssa Stoltze on behalf of All Defendants (Stoltze, Breanne) (Entered: 05/10/2024)
05/10/2024 3 Unresisted MOTION to file overlength brief in support of motion for preliminary injunction by United States of America.Motions referred to Stephen B. Jackson, Jr. Responses due by 5/24/2024. (Attachments: # 1 Motion for Preliminary Injunction, # 2 Brief in Support of Motion for Preliminary Injunction, # 3 Exhibit 1 - Jacobstein Declaration, # 4 Exhibit 2 - Kim Declaration, # 5 Exhibit 3 - Hott Declaration)(Eiswerth, Christopher) (Entered: 05/10/2024)
05/10/2024 Judge Stephen H. Locher and Chief Magistrate Judge Stephen B. Jackson, Jr added. Magistrate Judge Helen C. Adams and Judge Rebecca Goodgame Ebinger no longer assigned to case. (kjw) (Entered: 05/10/2024)
05/10/2024 2 NOTICE of Appearance by Eric H. Wessan on behalf of All Defendants (Wessan, Eric) (Entered: 05/10/2024)
05/09/2024 1 COMPLAINT against All Defendants, filed by United States of America. Notice of Dismissal for lack of Service deadline set for 8/7/2024. Rule 16 Notice of Dismissal set for 8/7/2024. (Attachments: # 1 Exhibit DOJ Letter to Iowa)(Eiswerth, Christopher) (Entered: 05/09/2024)
Outcome: Judge Locher granted a motion for preliminary injunction.
"As a matter of politics, the new legislation might be defensible. As a matter of constitutional law, it is not," Locher wrote. "Under binding Supreme Court precedent, Senate File 2340 is preempted in its entirety by federal law and thus is invalid under the Supremacy Clause" of the U.S. Constitution.
06/17/2024 29 ORDER Granting 7 Motion for Preliminary Injunction. Defendants are hereby ENJOINED from enforcing Senate File 2340 pending further proceedings. See Order for particulars. Signed by Judge Stephen H. Locher on 6/17/2024. (mm) (Entered: 06/17/2024)
Plaintiff's Experts:
Defendant's Experts:
Comments: