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

Filing 56

Filed (ECF) joinder letter in lieu of amicus brief pursuant to Circuit Advisory Committee Note to Rule 29-1. Filed by Pivotal Software, Inc., joining in brief(s) [19]. Date of service: 02/06/2017. [10303796] [17-35105] (Block, Micah) [Entered: 02/06/2017 01:20 PM]

February 6, 2017
United States Court of Appeals for the Ninth Circuit
1010 Fifth Avenue
Seattle, WA 98104
Robert W. Ferguson,
Attorney General, Washington State
Office of the Attorney General
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
Lori Swanson
Attorney General, Minnesota
Office of the Attorney General
445 Minnesota Street, Suite 1100
St. Paul, MN 55101
Noel J. Francisco
Acting Solicitor General
Civil Division, Room 7241
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington DC 20530
RE:

State of Washington & State of Minnesota v. Trump, Case No. 17-35105
Pivotal Software, Inc.’s Joinder Letter in Lieu of Amicus Brief

To the Court and Counsel:
I write on behalf of Pivotal Software, Inc. pursuant to the Circuit Advisory Committee
Note to Rule 29-1 to express Pivotal’s support for and joinder in the factual statements
and arguments submitted to the Court in the February 5, 2017 Motion for Leave to File
Brief of Technology Companies and Other Businesses as Amicus Curiae in Support of
Appellees, and the Brief attached thereto (ECF No. 19).
Pivotal Software, Inc. is a leading technology company and its operations are affected by
the Executive Order issued on January 27, 2017, entitled “Protecting the Nation from
Foreign Terrorist Entry into the United States.” As set forth in the amicus brief, the Order
represents a significant departure from the principles of fairness and predictability that
have governed the immigration system of the United States for more than fifty years—
and the Order inflicts significant harm on American business, innovation, and growth as
a result. The Order makes it more difficult and expensive for U.S. companies to recruit,
hire, and retain some of the world’s best employees. It disrupts ongoing business
operations. And it threatens companies’ ability to attract talent, business, and
investment to the United States.
Respectfully submitted,
s/ Andrew M. Cohen
Andrew M. Cohen
SVP, General Counsel & Corporate Secretary
th

875 Howard Street, 5 Floor | San Francisco, CA 94103 | [phone] | pivotal.io

9th Circuit Case Number(s) 17-35105
NOTE: To secure your input, you should print the filled-in form to PDF (File > Print > PDF Printer/Creator).

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CERTIFICATE OF SERVICE
When All Case Participants are Registered for the Appellate CM/ECF System
I hereby certify that I electronically filed the foregoing 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 (date)
.
2/6/2017
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.
Signature (use "s/" format)

s/ Micah G. Block

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CERTIFICATE OF SERVICE
When Not All Case Participants are Registered for the Appellate CM/ECF System
I hereby certify that I electronically filed the foregoing 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 (date)
.
Participants in the case who are registered CM/ECF users will be served by the appellate
CM/ECF system.
I further certify that some of the participants in the case are not registered CM/ECF users. I
have mailed the foregoing document by First-Class Mail, postage prepaid, or have dispatched it
to a third party commercial carrier for delivery within 3 calendar days to the following
non-CM/ECF participants:

Signature (use "s/" format)