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Download Legal Document Case: 19-16102, 08/15/2019, ID: 11399237, DktEntry: 109, Page 1 of 250 Nos. 19-16102, 19-16300, 19-16299, 19-16336 In the United States Court of Appeals for the Ninth Circuit SIERRA CLUB; SOUTHERN BORDER COMMUNITIES COALITION, Plaintiffs-Appellees, v. DONALD J. TRUMP, President of the United States, in his official capacity, et al., Defendants-Appellants. STATE OF CALIFORNIA, et al., Plaintiffs-Appellees-Cross-Appellants, v. DONALD J. TRUMP, President of the United States, in his official capacity, et al., Defendants-Appellants-Cross-Appellees. APPELLEES’ SUPPLEMENTAL EXCERPTS OF RECORD On Appeal from the United States District Court for the Northern District of California Dror Ladin Cecillia D. Wang Noor Zafar American Civil Liberties Union Jonathan Hafetz Foundation Hina Shamsi 39 Drumm Street Omar C. Jadwat San Francisco, CA 94111 American Civil Liberties Union Tel.: (415) 343-0770 Foundation 125 Broad Street, 18th Floor New York, NY 10004 Attorneys for Plaintiffs-Appellees Tel.: (212) 549-2500 (Additional Counsel on Next Page) Case: 19-16102, 08/15/2019, ID: 11399237, DktEntry: 109, Page 2 of 250 Mollie M. Lee Sanjay Narayan* Christine P. Sun Gloria D. Smith* American Civil Liberties Union Sierra Club Environmental Law Foundation of Northern Program California, Inc. 2101 Webster Street, Suite 1300 39 Drumm Street Oakland, CA 94612 San Francisco, CA 94111 Tel.: (415) 977-5772 Tel.: (415) 621-2493 David Donatti Andre I. Segura American Civil Liberties Union Foundation of Texas P.O. Box 8306 Houston, TX 77288 Tel.: (713) 325-7011 Attorneys for Plaintiffs-Appellees *Attorneys for Plaintiff-Appellee Sierra Club ii Case: 19-16102, 08/15/2019, ID: 11399237, DktEntry: 109, Page 3 of 250 TABLE OF CONTENTS Appendix of Declarations in Support of Plaintiffs’ Motion for Partial Summary Judgment (Docket #168-1, June 12, 2019)...............................SER001 Request for Judicial Notice in Support of Plaintiffs’ Motion for Partial Summary Judgment (Docket #168-2, June 12, 2019)...............................SER106 iii CaseCase: 4:19-cv-00892-HSG 19-16102, 08/15/2019, Document ID: 11399237, 168-1 DktEntry:Filed 06/12/19 109, Page Page 4 1of of 250 105 1 DROR LADIN* NOOR ZAFAR* 2 JONATHAN HAFETZ* HINA SHAMSI* 3 OMAR C. JADWAT* AMERICAN CIVIL LIBERTIES UNION FOUNDATION 4 125 Broad Street, 18th Floor New York, NY 10004 5 Tel: (212) 549-2660 [email protected] 6 [email protected] [email protected] 7 [email protected] [email protected] 8 *Admitted pro hac vice 9 CECILLIA D. WANG (SBN 187782) AMERICAN CIVIL LIBERTIES UNION FOUNDATION 10 39 Drumm Street San Francisco, CA 94111 11 Tel: (415) 343-0770 [email protected] 12 Attorneys for Plaintiffs (Additional counsel listed on following page) 13 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO-OAKLAND DIVISION 16 SIERRA CLUB and SOUTHERN BORDER COMMUNITIES COALITION, Case No.: 4:19-cv-00892-HSG 17 Plaintiffs, 18 APPENDIX OF DECLARATIONS IN v. SUPPORT OF PLAINTIFFS’ MOTION 19 FOR PARTIAL SUMMARY DONALD J. TRUMP, President of the United JUDGMENT 20 States, in his official capacity; PATRICK M. SHANAHAN, Acting Secretary of Defense, in his Date: 21 official capacity; KEVIN K. MCALEENAN, Judge: Honorable Haywood S. Gilliam, Jr. Acting Secretary of Homeland Security, in his Dept: Oakland 22 official capacity; and STEVEN MNUCHIN, Date Filed: June 12, 2019 Secretary of the Treasury, in his official capacity, Trial Date: Not set 23 Defendants. 24 25 26 27 28 PLAINTIFFS’ APPENDIX OF DECLARATIONS ISO MOTION FOR PARTIAL SUMMARY JUDGMENT CASE NO: 4:19-cv-00892-HSG SER001 CaseCase: 4:19-cv-00892-HSG 19-16102, 08/15/2019, Document ID: 11399237, 168-1 DktEntry:Filed 06/12/19 109, Page Page 5 2of of 250 105 1 Additional counsel for Plaintiffs: 2 SANJAY NARAYAN (SBN 183227)** GLORIA D. SMITH (SBN 200824)** 3 SIERRA CLUB ENVIRONMENTAL LAW PROGRAM 2101 Webster Street, Suite 1300 4 Oakland, CA 94612 Tel: (415) 977-5772 5 [email protected] [email protected] 6 **Counsel for Plaintiff SIERRA CLUB 7 MOLLIE M. LEE (SBN 251404) CHRISTINE P. SUN (SBN 218701) 8 AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF NORTHERN CALIFORNIA, INC. 9 39 Drumm Street San Francisco, CA 94111 10 Tel: (415) 621-2493 Fax: (415) 255-8437 11 [email protected] [email protected] 12 DAVID DONATTI* 13 ANDRE I. SEGURA (SBN 247681) AMERICAN CIVIL LIBERTIES UNION FOUNDATION 14 OF TEXAS P.O. Box 8306 15 Houston, TX 77288 Tel: (713) 325-7011 16 Fax: (713) 942-8966 [email protected] 17 [email protected] *Admitted pro hac vice 18 19 20 21 22 23 24 25 26 27 28 ii PLAINTIFFS’ APPENDIX OF DECLARATIONS ISO MOTION FOR PARTIAL SUMMARY JUDGMENT CASE NO: 4:19-cv-00892-HSG SER002 CaseCase: 4:19-cv-00892-HSG 19-16102, 08/15/2019, Document ID: 11399237, 168-1 DktEntry:Filed 06/12/19 109, Page Page 6 3of of 250 105 DECLARATIONS IN SUPPORT OF PLAINTIFFS’ MOTION FOR 1 PARTIAL SUMMARY JUDGMENT 2 Exhibit Date and ECF Number of Declarant 3 Number Original Filing 4 1 Orson Bevins June 12, 2019 5 2 Albert Del Val April 4, 2019 (ECF No. 30) 6 3 Kevin Bixby April 4, 2019 (ECF No. 34) 7 4 Amanda Munro April 4, 2019 (ECF No. 31) 8 5 Elizabeth Walsh April 4, 2019 (ECF No. 35) 9 6 Mike Evans June 12, 2019 10 7 Roy Armenta Sr. May 29, 2019 (ECF No. 150-9) 11 8 Carmina Ramirez May 29, 2019 (ECF No. 150-7) 12 9 Gayle G. Hartmann May 29, 2019 (ECF No. 150-1) 13 10 Ralph Hudson May 29, 2019 (ECF No. 150-2) 14 11 Kevin Arthur Dahl May 29, 2019 (ECF No. 150-3) 15 12 Bill Broyles May 29, 2019 (ECF No. 150-4) 16 13 Patricia Gerrodette May 29, 2019 (ECF No. 150-5) 17 14 Margaret Case May 29, 2019 (ECF No. 150-6) 18 15 Christina Patino Houle April 4, 2019 (ECF No. 33) 19 16 Vicki B. Gaubeca April 4, 2019 (ECF No. 32) 20 17 Cyndi C. Tuell May 29, 2019 (ECF No. 150-8) 21 18 Robert Ardovino June 12, 2019 22 23 24 25 26 27 28 1 PLAINTIFFS’ APPENDIX OF DECLARATIONS ISO MOTION FOR PARTIAL SUMMARY JUDGMENT CASE NO: 4:19-cv-00892-HSG SER003 CaseCase: 4:19-cv-00892-HSG 19-16102, 08/15/2019, Document ID: 11399237, 168-1 DktEntry:Filed 06/12/19 109, Page Page 7 4of of 250 105 Exhibit 1 SER004 CaseCase: 4:19-cv-00892-HSG 19-16102, 08/15/2019, Document ID: 11399237, 168-1 DktEntry:Filed 06/12/19 109, Page Page 8 5of of 250 105 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO-OAKLAND DIVISION SIERRA CLUB and SOUTHERN BORDER COMMUNITIES COALITION, Plaintiffs, Case No.: 4:19-cv-00892-HSG v. Declaration of Orson Bevins DONALD J. TRUMP, President of the U niteD States, in his official Capacity; PATRICKM. SHANAHAN, Acting Secretary of Defense, in his official Capacity; KIRSTJEN M. NIELSEN, Secretary of Homeland Security, in her official Capacity; AND STEVEN MNUCHIN, Secretary of the Treasury, in his official Capacity, Defendants. I, Orson Bevins, declare as follow: 1. My name is Orson Bevins. I am over 18 years old. The information in this declaration is based on my personal experience and my review of publicly available information. If called as a witness, I could and would testify competently to these facts. This declaration reflects my personal opinions and judgment. 2. My current address is 3091 S. 31st Drive, Yuma, AZ 85364. I have lived in Yuma since August 2011. 1 DECLARATION OF ORSON BEVINS CASE NO: 4:19-cv-00892-HSG SER005 CaseCase: 4:19-cv-00892-HSG 19-16102, 08/15/2019, Document ID: 11399237, 168-1 DktEntry:Filed 06/12/19 109, Page Page 9 6of of 250 105 3. I support the Sierra Club's mission and goals to encourage the public to explore, enjoy, and protect the wild places of the earth; to practice and promote the responsible use of the earth's ecosystems and resources; to educate and enlist humanity to protect and restore the quality of the natural and human environment; and to use all lawful means to carry out these objectives. 4. I am a current member of Sierra Club and I first joined in March 2008. 5. I work for the Quechan Indian Tribe on the Fort Yuma Indian Reservation as a project planner, where I plan and implement civil construction projects that benefit tribal members. I primarily work on sanitation projects, such as upgrading wastewater management systems or drilling wells for new sources of water. 6. My home is located a few miles from the area in Yuma where I understand that the U.S. Department of Homeland Security (DHS) is proposing to construct a new segment of wall -- Yuma Sector Project 1 -- along the U.S.-Mexico border. 7. Approximately four times per year, I drive along and then visit the levee near the proposed border wall project in Yuma. I enjoy visiting Morelos Dam just south of Los Algodones, to take in views of the beautiful landscape of the two countries on either side of the Colorado River. I also frequently drive to and visit areas along Highway 95, travelling south through the Cocopah Indian Reservation 2 DECLARATION OF ORSON BEVINS CASE NO: 4:19-cv-00892-HSG SER006 CaseCase: 4:19-cv-00892-HSG 19-16102, 08/15/2019, Document ID: 11399237, 168-1 DktEntry: Filed 06/12/19 109, Page Page 10 7 of of 250 105 and Gadsden down to San Luis. On these drives, I can see over sections of the existing vehicle barrier along the border, and there are stretches where I am meters away from the border and the physical barriers are not visible.
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