State of Washington, et al v. Donald J. Trump, et al

Filing 113

Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Law Firms of the Employment Law Alliance. Date of service: 02/07/2017. [10305896] [17-35105]--[COURT UPDATE: Attached motion, resent notice. 02/07/2017 by LA] (Runkles-Pearson, Patricia) [Entered: 02/07/2017 02:02 PM]

No. 17-35105
IN THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
__________________________________________________________________
STATE OF WASHINGTON; STATE OF MINNESOTA, et al.
Plaintiffs-Appellees,
v.
DONALD J. TRUMP, President of the United States, et al.,
Defendants-Appellants.
__________________________________________________________________
On Appeal From The United States District Court
For The Western District of Washington at Seattle
Case No.: 2:17-cv-00141
The Honorable James L. Robart
United States District Court Judge
__________________________________________________________________
MOTION OF PARTICIPATING LAW FIRMS OF THE EMPLOYMENT
LAW ALLIANCE FOR LEAVE
TO FILE BRIEF AS AMICUS CURIAE IN SUPPORT OF APPELLEES
__________________________________________________________

MELANIE GURLEY KEENEY
Missouri Bar No. 37789
Tueth, Keeney, Cooper, Mohan &
Jackstadt, P.C.
34 N. Meramec Ave. Suite 600
St. Louis, MO 63105
[e-mail]
Attorneys for Amicus Curiae
Tueth, Keeney, Cooper, Mohan &
Jackstadt, P.C.

MOTION FOR LEAVE TO FILE AMICUS BRIEF
NO. 17-35105

P.K. RUNKLES-PEARSON
Oregon Bar No. 061911
Miller Nash Graham & Dunn LLP
3400 U.S. Bancorp Tower
111 S.W. Fifth Avenue
Portland, OR 97204
Telephone: [phone]
[e-mail]
Attorneys for Amicus Curiae
Miller Nash Graham & Dunn, LLP

MARY ELLEN SIMONSON
Arizona SBN 009298
Lewis Roca Rothgerber Christie LLP
201 East Washington Street, #1200
Phoenix, AZ 85004
[e-mail]
Attorneys for Amicus Curiae
Lewis Roca Rothgerber Christie LLP

NATASHA J. BAKER
California SBN 226981
Hirschfeld Kraemer LLP
505 Montgomery Street, 13th Floor
San Francisco, CA 94111
[e-mail]
Attorneys for Amicus Curiae
Hirschfeld Kraemer LLP
ALISON M. HAMER
California SBN 258281*
Hirschfeld Kraemer LLP
233 Wilshire Boulevard, Suite 600
Santa Monica, CA 90401
[e-mail]
Attorneys for Amicus Curiae
Hirschfeld Kraemer LLP
* Ninth Circuit admission pending

MOTION FOR LEAVE TO FILE AMICUS BRIEF
NO. 17-35105

I.

INTRODUCTION
Participating member firms of the Employment Law Alliance

(“ELA”), respectfully seek leave to file the attached brief as amici curiae in
support of affirming the District Court’s Temporary Restraining Order. Proposed
amici approached Appellants and Appellees requesting consent to file this brief.
Appellees have consented, but Appellants have not responded. In support of their
Motion, proposed amici states as follows:
II.

IDENTITY AND INTEREST
The Employment Law Alliance (“ELA”) is an integrated, global

practice network whose independent law firm members are well known and well
respected for their employment and labor law practices. With more than 3,000
lawyers across more than 120 countries, all 50 U.S. states and every Canadian
province, the ELA is the world’s largest such network. This following U.S. law
firm members of the ELA, one of which with counsel in Washington, and each of
which has significant experience in employment-related matters, hereby submit
this brief:
Dinse Knapp McAndrew
Fortney & Scott, LLC
Hirschfeld Kraemer, LLP
Lewis Roca Rothgerber Christie LLP
MOTION FOR LEAVE TO FILE AMICUS BRIEF
NO. 17-35105

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Miller Nash Graham & Dunn LLP
Partridge, Snow & Hahn LLP
Shawe Rosenthal LLP
Tueth Keeney Cooper Mohan & Jackstadt, PC
The ELA has a substantial interest in this case because its member law
firms collectively represent hundreds of employers nationwide, including
employers in Washington and Minnesota, who have been and will continue to be
adversely impacted by Executive Order Protecting the Nation from Foreign
Terrorist Entry into the United States, issued January 27, 2017 (“Executive
Order”). Many of these employers are institutions of higher education whose
educational missions are adversely affected. In light of the above disruption of
ELA member clients’ ability to do business, the undersigned respectfully submit
this brief on behalf of the participating member law firms of the ELA in order to
explain the grave impact of the Executive Order on U.S. employers.
III.

REASONS THE COURT SHOULD GRANT AMICUS
COUNSEL’S BRIEF
As noted above, many of the ELA’s participating member’s clients

(and their employees and students) will suffer irreparable harm as a result of the
Executive Order. As such, the ELA is well situated to provide the Court with
significant guidance as to how the Executive Order is and will negatively affect
MOTION FOR LEAVE TO FILE AMICUS BRIEF
NO. 17-35105

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employers (and their employees and students) across the nation, including in
Washington and Minnesota.
We respectfully request that the court accept our brief and allow us to
appear as amici curiae.
Respectfully submitted this 7th day of February, 2017.

/s/ P.K. RUNKLES-PEARSON
P.K. RUNKLES-PEARSON
Oregon Bar No. 061911
Miller Nash Graham & Dunn LLP
3400 U.S. Bancorp Tower
111 S.W. Fifth Avenue
Portland, OR 97204
Telephone: [phone]
[e-mail]
Attorneys for Amicus Curiae
Miller Nash Graham & Dunn, LLP
/s/ NATASHA J. BAKER
NATASHA J. BAKER
California SBN 226981
Hirschfeld Kraemer LLP
505 Montgomery Street, 13th Floor
San Francisco, CA 94111
[e-mail]
Attorneys for Amicus Curiae
Hirschfeld Kraemer LLP

MOTION FOR LEAVE TO FILE AMICUS BRIEF
NO. 17-35105

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/s/ ALISON M. HAMER
ALISON M. HAMER
California SBN 258281
Hirschfeld Kraemer LLP
233 Wilshire Boulevard, Suite 600
Santa Monica, CA 90401
[e-mail]
Attorneys for Amicus Curiae
Hirschfeld Kraemer LLP
/s/ MARY ELLEN SIMONSON
MARY ELLEN SIMONSON
Arizona SBN 009298
Lewis Roca Rothgerber Christie LLP
201 East Washington Street, Suite 1200
Phoenix, AZ 85004
[e-mail]
Attorneys for Amicus Curiae
Lewis Roca Rothgerber Christie LLP
/s/ MELANIE GURLEY KEENEY
MELANIE GURLEY KEENEY
Missouri Bar No. 37789
Tueth, Keeney, Cooper, Mohan & Jackstadt, P.C.
34 N. Meramec Ave. Suite 600
St. Louis, MO 63105
[e-mail]
Attorneys for Amicus Curiae
Tueth, Keeney, Cooper, Mohan & Jackstadt, P.C.

MOTION FOR LEAVE TO FILE AMICUS BRIEF
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CERTIFICATE OF SERVICE
I, P.K. RUNKLES-PEARSON, hereby certify that I electronically filed the
following document with the Clerk of the Court for the United States Court of
Appeals for the Ninth Circuit by using the appellate CM/ECF system on
February 7, 2017.
MOTION OF PARTICIPATING LAW FIRMS OF THE EMPLOYMENT
LAW ALLIANCE FOR LEAVE
TO FILE BRIEF AS AMICUS CURIAE IN SUPPORT OF APPELLEES
I certify that all participants in the case are registered CM/ECF users and
that service will be accomplished by the appellate CM/ECF system.
Executed February 7, 2017, at Portland, Oregon.

/s/ P.K. RUNKLES-PEARSON
P.K. RUNKLES-PEARSON
Oregon SBN 061911

MOTION FOR LEAVE TO FILE AMICUS BRIEF
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