in Re United States of America v. United States District Court for the Northern District of California, San Francisco

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
IN RE UNITED STATES OF
AMERICA; DONALD J. TRUMP;
U.S. DEPARTMENT OF
HOMELAND SECURITY; ELAINE
C. DUKE,
UNITED STATES OF AMERICA;
DONALD J. TRUMP; U.S.
DEPARTMENT OF HOMELAND
SECURITY; ELAINE C. DUKE, in
her official capacity as Acting
Secretary of the Department of
Homeland Security,
Petitioners,
v.
UNITED STATES DISTRICT
COURT FOR THE NORTHERN
DISTRICT OF CALIFORNIA, SAN
FRANCISCO,
Respondent,
REGENTS OF THE UNIVERSITY
OF CALIFORNIA; JANET
NAPOLITANO, In her official
capacity as President of the
University of California; STATE
No. 17-72917
D.C. Nos.
3:17-cv-05211-WHA
3:17-cv-05235-WHA
3:17-cv-05329-WHA
3:17-cv-05380-WHA
3:17-cv-05813-WHA
ORDER

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IN RE UNITED STATES OF AMERICA 2
OF CALIFORNIA; STATE OF
MAINE; STATE OF MINNESOTA;
STATE OF MARYLAND; CITY OF
SAN JOSE; DULCE GARCIA;
MIRIAM GONZALEZ AVILA;
VIRIDIANA CHABOLLA
MENDOZA; NORMA RAMIREZ;
COUNTY OF SANTA CLARA;
SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL
521; JIRAYUT
LATTHIVONGSKORN; SAUL
JIMENEZ SUAREZ,
Real Parties in Interest.
Filed November 18, 2017
Before: Kim McLane Wardlaw, Ronald M. Gould,
and Paul J. Watford, Circuit Judges.

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IN RE UNITED STATES OF AMERICA 3
ORDER
The court has received the government’s November 17,
2017 emergency stay motion. The response to the motion is
due Monday, November 20, 2017, at 12:00 p.m. PST, and the
optional reply is due Monday, November 20, 2017, at
5:00 p.m. PST.
In addition to all other issues the parties wish to raise in
the response and reply, the parties shall address whether this
court has jurisdiction to grant a stay of proceedings, or
whether the motion for a stay should instead be filed in the
district court. See Ellis v. U.S. Dist. Court, 360 F.3d 1022
(9th Cir. 2004) (en banc).

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