1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, Case No.: 20-CV-154 JLS (WVG)

12 Plaintiff, ORDER REQUESTING 13 v. ADDITIONAL BRIEFING

14 GAVIN NEWSOM, in his Official (ECF Nos. 8, 13) Capacity as Governor of California; 15 XAVIER BECERRA, in his Official 16 Capacity as Attorney General of California; and THE STATE OF 17 CALIFORNIA, 18 Defendants. 19 20 In their Reply Brief in Support of Motion for Judgment on the Pleadings (“Defs.’ 21 Reply,” ECF No. 23), Defendants Gavin Newsom, Xavier Becerra, and the State of 22 California argue for the first time that Assembly Bill 32 (“A.B. 32”) “threatens no ‘actual 23 or imminent’ harm related to Taft [Correctional Institution], and [Plaintiff] the United 24 States [of America] therefore lacks Article III standing to challenge AB 32 as applied to 25 that or any [Federal Bureau of Prisons (“BOP”)] facility.” Defs.’ Reply at 8 (citing Lujan 26 v. Defenders of Wildlife,

(1992)). Generally speaking, “arguments raised 27 for the first time in a reply brief are waived,” Turtle Island Restoration Network v. U.S. 28 Dep’t of Commerce,

, 1166 n.8 (9th Cir. 2012) (quoting Graves v. Arpaio, |

(9th Cir. 2010) (per curiam)); however, “[f]ederal courts are required 2 Il sua sponte to examine jurisdictional issues such as standing.” Chapman v. Pier 1 Imports 3 (U.S.) Inc.,

(9th Cir. 2011) (quoting Bernhardt v. Cty. of Los Angeles, 4 ||

(9th Cir. 2002)) (citing United States v. Hays,

(1995)). Accordingly, the Court ORDERS Plaintiff to submit additional briefing, not to exceed ten 6 (10) pages (including any exhibits), addressing its standing to challenge A.B. 32 as applied 7 its BOP facilities in California within seven (7) days of the electronic docketing of this 8 Order. Defendants MAY FILE a response, not to exceed ten (10) pages (including any ? exhibits) within seven (7) days of the filing of Plaintiff’s brief. 19 IT IS SO ORDERED. 11 12 ||Dated: May 4, 2020 jae L. Lo memeaite- 13 on. Janis L. Sammartino United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28