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In the Supreme Court of the United States No. 19-177 In the Supreme Court of the United States UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, ET AL., PETITIONERS v. ALLIANCE FOR OPEN SOCIETY INTERNATIONAL, INC., ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT JOINT APPENDIX NOEL J. FRANCISCO DAVID W. BOWKER Solicitor General Wilmer Cutler Pickering Department of Justice Hale and Dorr LLP Washington, D.C. 20530-0001 1875 Pennsylvania Ave., N.W. [email protected] Washington, D.C. 20006 (202) 514-2217 [email protected] (202) 663-6558 Counsel of Record Counsel of Record for Petitioners for Respondents PETITION FOR A WRIT OF CERTIORARI FILED: AUG. 7, 2019 CERTIORARI GRANTED: DEC. 13, 2019 TABLE OF CONTENTS Page Court of appeals docket entries (15-974) ......................... 1 District court docket entries (1:05-cv-08209-VM) ......... 27 Office of Legal Counsel Memorandum (2004) ............... 95 AAPD 04-04 (Feb. 26, 2004) ........................................... 98 AOSI Memorandum to Kerry Pelzman (May 26, 2004)............................................................. 111 Letter from Daniel Levin to Alex M. Azar, II (Sept. 20, 2004) ........................................................... 114 AAPD 05-04 (June 9, 2005) ........................................... 117 AOSI letter to John F. Lord (Aug. 3, 2005) ................. 130 Complaint (Sept. 23, 2005) ............................................ 133 Notice of motion for preliminary injunction (Sept. 28, 2005) .......................................... 152 Second amended complaint (Aug. 18, 2008) ................. 157 Declaration of Helene Gayle......................................... 197 Declaration of Daniel E. Pellegrom ............................. 212 Organizational integrity of entities that are implementing programs and activities under the Leadership Act, 75 Fed. Reg. 18,760 (Apr. 13, 2010) ............................................................ 248 USAID AAPD 05-04 amendment 3 (Apr. 13, 2010) ..... 266 USAID AAPD 14-04 (Sept. 12, 2014) ........................... 300 USAID request for applications (RFA) No. RFA-621-14-000008 community health and social welfare systems strengthening activity (Apr. 14, 2014) ............................................................ 342 Declaration of Purnima Mane ...................................... 365 Exhibit 1, Pathfinder South Africa signage ................. 377 Exhibit 2, Pathfinder Egypt signage ........................... 379 Exhibit 3, Pathfinder USA signage .............................. 381 Declaration of Helene D. Gayle .................................... 383 (I) II Exhibit 1, The CARE International Code, updated Oct. 2011 ....................................................... 394 Exhibit 3, CARE USA and CARE India license agreement, effective Jan. 1, 2011............................... 435 Exhibit 4, CARE USA signage .................................... 446 Exhibit 5, CARE Cambodia signage ............................ 448 Exhibit 6, CARE Bolivia signage ................................. 450 Exhibit 7, CARE Ghana signage .................................. 452 Exhibit 8, CARE Jordan signage ................................. 454 Declaration of Carlos Carrazana on behalf of Save the Children Federation, Inc. .................................... 456 Declaration of Mark Sidel ............................................ 463 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Docket No. 15-974 ALLIANCE FOR OPEN SOCIETY INTERNATIONAL, INC.; OPEN SOCIETY INSTITUTE; PATHFINDER INTERNATIONAL, INC.; GLOBAL HEALTH COUNCIL; INTERACTION, PLAINTIFFS-APPELLEES v. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT; ANDREW NATSIOS, IN HIS OFFICIAL CAPACITY AS ADMINISTRATOR OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT; JULIE LOUISE GERBERDING, IN HER OFFICAL CAPACITY AS DIRECTOR OF THE U.S. CENTERS FOR DISEASE CONTROL AND PREVENTION, AND HER SUCCESSORS; MICHAEL O. LEAVITT, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND HIS SUCCESSORS; UNITED STATES CENTERS OF DISEASE CONTROL AND PREVENTION; UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES; HENRIETTA FORE, IN HER OFFICAL CAPACITY AS ADMINISTRATOR OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT AND HER SUCCESSORS, DEFENDANTS-APPELLANTS DOCKET ENTRIES DOCKET DATE NUMBER PROCEEDINGS 3/31/15 1 NOTICE OF OF INTERLOCU- TORY APPEAL, with district court docket, on behalf of Appellant Hen- (1) 2 DOCKET DATE NUMBER PROCEEDINGS rietta Fore, Julie Louise Gerber- ding, Michael O. Leavitt, Andrew Natsios, United States Agency for International Development, United States Centers of Disease Control and Prevention and United States Department of Health and Human Services, FILED. [1474890] [15-974] [Entered: 04/01/2015 04:14 PM] 3/31/15 2 DISTRICT COURT DECISION AND ORDER, dated 01/30/2015, RECEIVED. [1474897] [15-974] [Entered: 04/01/2015 04:17 PM] 3/31/15 3 DISTRICT COURT AMENDED ORDER, dated 02/10/2015, RE- CEIVED. [1474899] [15-974] [En- tered: 04/01/2015 04:18 PM] 3/31/15 4 ELECTRONIC INDEX, in lieu of record, FILED. [1474901] [15-974] [Entered: 04/01/2015 04:19 PM] * * * * * 5/21/15 33 LOCAL RULE 42.1 STIPULA- TION, Without Prejudice to Rein- statement, RECEIVED. Service date 05/21/2015 by CM/ECF. [1515993] [15-974] [Entered: 05/21/2015 04:34 PM] 3 DOCKET DATE NUMBER PROCEEDINGS 5/22/15 36 LOCAL RULE 42.1 STIPULA- TION, without prejudice to rein- statement by 11/20/2015, FILED. [1516172] [15-974] [Entered: 05/22/2015 09:18 AM] 5/22/15 37 CERTIFIED ORDER, dated 05/22/2015, to SDNY (NEW YORK CITY), ISSUED. [1516181] [15- 974] [Entered: 05/22/2015 09:23 AM] * * * * * 10/1/15 41 LOCAL RULE 42.1 STIPULA- TION STATUS UPDATE, dated 10/01/2015, informing the Court of proposed new date for reinstate- ment, RECEIVED. Service date 10/01/2015 by CM/ECF. [1610498] [15-974] [Entered: 10/01/2015 10:01 AM] * * * * * 10/1/15 46 LOCAL RULE 42.1 STIPULA- TION ORDER, dated 10/01/2015, without prejudice to reinstatement by 01/20/2016, FILED. [1611153] [15-974] [Entered: 10/01/2015 04:02 PM] 10/1/15 47 CERTIFIED ORDER, dated 10/01/2015, to SDNY (NEW YORK 4 DOCKET DATE NUMBER PROCEEDINGS CITY), ISSUED. [1611161] [15-974] [Entered: 10/01/2015 04:07 PM] 1/20/16 48 LOCAL RULE 42.1 STIPULA- TION STATUS UPDATE, dated 01/19/2016, informing the Court of proposed new date for reinstate- ment, RECEIVED. Service date 01/20/2016 by CM/ECF. [1687135] [15-974] [Entered: 01/20/2016 09:54 AM] 1/20/16 51 LOCAL RULE 42.1 STIPULA- TION ORDER, dated 01/20/2016, without prejudice to reinstatement by 03/21/2016, FILED. [1688030] [15-974] [Entered: 01/20/2016 05:04 PM] 1/20/16 52 CERTIFIED ORDER, dated 01/20/2016, to SDNY (NEW YORK CITY), ISSUED. [1688035] [15- 974] [Entered: 01/20/2016 05:08 PM] 3/21/16 53 LOCAL RULE 42.1 STIPULA- TION STATUS UPDATE, dated 3/21/2016, informing the Court of proposed new date for reinstate- ment, RECEIVED. Service date 03/21/2016 by CM/ECF. [1732187] [15-974] [Entered: 03/21/2016 11:54 AM] 5 DOCKET DATE NUMBER PROCEEDINGS 3/28/16 56 LOCAL RULE 42.1 STIPULA- TION ORDER, dated 03/28/2016, without prejudice to reinstatement by 04/08/2016, FILED. [1737098] [15-974] [Entered: 03/28/2016 11:12 AM] 3/28/16 57 CERTIFIED ORDER, dated 03/28/2016, to SDNY (NEW YORK CITY), ISSUED. [1737106] [15- 974] [Entered: 03/28/2016 11:18 AM] 4/7/16 58 LOCAL RULE 42.1 STIPULA- TION STATUS UPDATE, dated 04/07/2016, informing the Court of proposed new date for reinstate- ment, RECEIVED. Service date 04/07/2016 by CM/ECF. [1745594] [15-974] [Entered: 04/07/2016 04:45 PM] 4/11/16 62 LOCAL RULE 42.1 STIPULA- TION ORDER, dated 04/11/2016, without prejudice to reinstatement by 05/11/2016, FILED. [1746992] [15-974] [Entered: 04/11/2016 11:51 AM] 4/11/16 63 CERTIFIED ORDER, dated 04/11/2016, to SDNY (NEW YORK CITY), ISSUED. [1746998] [15- 974] [Entered: 04/11/2016 11:54 AM] 6 DOCKET DATE NUMBER PROCEEDINGS 5/11/16 64 LOCAL RULE 42.1 STIPULA- TION STATUS UPDATE, dated 05/10/2016, informing the Court of proposed new date for reinstate- ment, RECEIVED. Service date 05/11/2016 by CM/ECF. [1769231] [15-974] [Entered: 05/11/2016 08:56 AM] 5/11/16 67 LOCAL RULE 42.1 STIPULA- TION ORDER, dated 05/11/2016, without prejudice to reinstatement by 06/30/2016, FILED. [1770063] [15-974] [Entered: 05/11/2016 03:25 PM] 5/11/16 68 CERTIFIED ORDER, dated 05/11/2016, to SDNY (NEW YORK CITY), ISSUED. [1770075] [15-974] [Entered: 05/11/2016 03:29 PM] 6/29/16 69 LOCAL RULE 42.1 STIPULA- TION STATUS UPDATE, dated 06/29/2016, informing the Court of proposed new date for reinstate- ment, RECEIVED. Service date 06/29/2016 by CM/ECF. [1805571] [15-974] [Entered: 06/29/2016 04:07 PM] 7/1/16 73 LOCAL RULE 42.1 STIPULA- TION ORDER, dated 07/01/2016, without prejudice to reinstatement by 08/04/2016, FILED. [1806995] 7 DOCKET DATE NUMBER PROCEEDINGS [15-974] [Entered: 07/01/2016 08:34 AM] 7/1/16 74 CERTIFIED ORDER, dated 07/01/2016, to SDNY (NEW YORK CITY), ISSUED. [1807001] [15-974] [Entered: 07/01/2016 08:39 AM] 8/3/16 75 LOCAL RULE 42.1 STIPULA- TION STATUS UPDATE, dated 08/03/2016, informing the Court of proposed new date for reinstate- ment, RECEIVED. Service date 08/03/2016 by CM/ECF. [1832256] [15-974] [Entered: 08/03/2016 03:37 PM] 8/4/16 78 LOCAL RULE 42.1 STIPULA- TION ORDER, dated 08/04/2016, without prejudice to reinstatement by 10/05/2016, FILED. [1832634] [15-974] [Entered: 08/04/2016 09:19 AM] 8/4/16 79 CERTIFIED ORDER, dated 08/04/2016, to SDNY (NEW YORK CITY), ISSUED. [1832644] [15-974] [Entered: 08/04/2016 09:24 AM] 10/4/16 80 LOCAL RULE 42.1 STIPULA- TION STATUS UPDATE, dated 10/04/2016, informing the Court of proposed new date for reinstate- ment, RECEIVED. Service date 10/04/2016 by CM/ECF. [1876893] 8 DOCKET DATE NUMBER PROCEEDINGS [15-974] [Entered: 10/04/2016 01:38 PM] 10/4/16 84 LOCAL RULE 42.1 STIPULA- TION ORDER, dated 10/04/2016, without prejudice to reinstatement by 11/04/2016, FILED. [1877075] [15-974] [Entered: 10/04/2016 03:32 PM] 10/4/16 85 CERTIFIED ORDER, dated 10/04/2016, to SDNY (NEW YORK CITY), ISSUED.
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