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

Filing 76

Filed (ECF) Anti-Defamation League Motion to become amicus curiae. Date of service: 02/06/2017. [10304197] [17-35105]--[COURT UPDATE: Updated docket text to include name of amicus. 02/06/2017 by LA] (Barton, Richard) [Entered: 02/06/2017 03:03 PM]

No. 17-35105

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

STATE OF WASHINGTON, et al.,
Plaintiffs-Appellees, v.
DONALD TRUMP, President of the United States, et
al., Defendant-Appellants.

ON APPEAL FROM THE UNITED STATES
DISTRICT COURT FOR THE WESTERN
DISTRICT OF WASHINGTON

MOTION FOR LEAVE TO FILE AMICUS
CURIAE BRIEF OF THE ANTI-DEFAMATION
LEAGUE IN SUPPORT OF THE PLAINTIFFSAPPELLEES
RICHARD D. BARTON
(Bar No. 102613)
SHELLEY A. CARDER
(Bar No. 137755)
KENDRA J. HALL
(Bar No. 166836)
Procopio, Cory, Hargreaves
& Savitch, LLP
12544 High Bluff Dr., Ste.
300

JOHN B. HARRIS
Counsel for Amicus Curiae
ADL
Frankfurt Kurnit Klein &
Selz, P.C.
488 Madison Avenue
New York, NY 10022
[phone]
[e-mail]

STEVEN M. FREEMAN
The Anti-Defamation
League
605 Third Avenue
New York, New York
10158
[phone]
[e-mail]

San Diego, CA 92130
[phone]
[e-mail]

ii

MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF OF THE ANTIDEFAMATION LEAGUE IN SUPPORT OF THE PLAINTIFFSAPPELLEES & FOR ORDER DEEMING THE BRIEF TIMELY-FILED
Pursuant to Federal Rules of Appellate Procedure 29 and/or 26(a)(3) and/or
26 (b) and/or based upon the Court’s power to grant equitable relief, for good cause
shown, the Anti-Defamation League hereby submits this Motion for Leave to File a
Brief Amicus Curiae in support of Plaintiffs-Appellees and Affirmance. All parties
consented to the submission of amici briefs in this case up to midnight on February
5, 2017 and due to scheduled ECF maintenance, the Court extended the filing
deadline to 1:00 a.m. PST on February 6, 2017.
INTEREST OF AMICUS CURIAE AND REASONS WHY THE
MOTION SHOULD BE GRANTED
Amicus Curiae the Anti-Defamation League (“ADL”) was founded in 1913
and is a civil rights and human relations organization that seeks to stop the
defamation of the Jewish people, and to secure justice and fair treatment for all
people. Through its 26 regional offices throughout the United States, including
seven offices within the Ninth Circuit alone, ADL provides materials, programs
and services to combat anti-Semitism and all forms of bigotry. Because of its
history of fighting discrimination, including with respect to prejudice toward
immigrants and religious minorities, ADL can provide unique and important

insights for the Court in addressing the Executive Order and in considering the
historical context of the Executive Order’s provisions limiting or barring entry into
the United States of persons coming from seven majority-Muslim nations.
All parties consented to the submission of amici briefs in this case up to
midnight on February 5, 2017 and due to scheduled ECF maintenance, the Court
extended the filing deadline to 1:00 a.m. PST on February 6, 2017.
The ADL respectfully submits this Motion for Leave to File a Brief Amicus
Curiae in support of Plaintiffs-Appellees and Affirmance pursuant to Federal Rules of
Appellate Procedure 29 and/or 26(a)(3) and/0r 26 (b) and/or based upon the
Court’s power to grant equitable relief, for good cause shown. Such good cause is
documented in the accompanying declaration of Shelley A. Carder.
Although a Motion to Extend Time was previously filed today with the
brief, there is some concern that Defendants and Appellants may nonetheless
object to the filing of the brief and therefore this motion is also filed to request
relief from the Court to file the ADL Amicus Curiae brief in support of PlaintiffsAppellees and Affirmance over any objection of Defendants and Appellants. In
addition, the filing was subsequently rejected as the documents were not
separately-filed and it was missing the motion for leave to file. These problems
are corrected with this filing.

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CONCLUSION
For the reasons stated above, the Court should grant the requested motion, permit
the ADL to file its concurrently-submitted Amicus Curiae brief.
Dated: February 6, 2017

Respectfully submitted,

/s/ Shelley A. Carder

/s/ John B. Harris

/s/ Steven M. Freeman

RICHARD D. BARTON
(Bar No. 102613)
SHELLEY A. CARDER
(Bar No. 137755)
KENDRA J. HALL
(Bar No. 166836)
Procopio, Cory, Hargreaves
& Savitch, LLP
12544 High Bluff Dr.,
Ste.300
San Diego, CA 92130
[phone]
[e-mail]

JOHN B. HARRIS
Counsel for Amicus Curiae
ADL
Frankfurt Kurnit Klein &
Selz, P.C.
488 Madison Avenue
New York, NY 10022
[phone]
[e-mail]

STEVEN M. FREEMAN
The Anti-Defamation
League
605 Third Avenue
New York, New York
10158
[phone]
[e-mail]

-5DOCS 999999-901086/2809126.1

CERTIFICATE OF SERVICE
I hereby certify that on February 6, 2017, I electronically filed the foregoing
with the Clerk of the court for the United States Court of Appeals for the Ninth
Circuit using the appellate CM/ECF system.
I certify that I am a registered CM/ECF user and that all parties have
registered CM/ECF users and that service will be accomplished by the appellate
CM/ECF system.
Dated: February 6, 2017

/s/Richard D. Barton
RICHARD D. BARTON (Bar No. 102613)
SHELLEY A. CARDER (Bar No. 137755)
KENDRA J. HALL (Bar No. 166836)
Procopio, Cory, Hargreaves & Savitch, LLP
12544 High Bluff Dr., Ste. 300
San Diego, CA 92130
[phone]
[e-mail]
[e-mail]

-6DOCS 999999-901086/2809126.1