State of Hawaii v. Trump

Filing 2

MOTION for Temporary Restraining Order Douglas S.G. Chin appearing for Plaintiff State of Hawaii (Attachments: # 1 Memorandum in Support of TRO, # 2 Certificate with Word Count, # 3 Proposed TRO)(Chin, Douglas)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI‘I

STATE OF HAWAI‘I,
Plaintiff,
v.
DONALD J. TRUMP, in his official
capacity as President of the United States; Civil Action No.
U.S. DEPARTMENT OF HOMELAND
SECURITY; JOHN F. KELLY, in his
official capacity as Secretary of Homeland
Security; U.S. DEPARTMENT OF
STATE; REX TILLERSON, in his
official capacity as Secretary of State; and
the UNITED STATES OF AMERICA,
Defendants.

[PROPOSED] TEMPORARY RESTRAINING ORDER
This matter came before the Court on Plaintiff’s Motion for Temporary
Restraining Order. The Court has considered the motion and documents filed
therewith, including declarations, the State of Hawai‘i’s Complaint for Declaratory
and Injunctive Relief, and the arguments of counsel provided at an emergency
hearing held _____, at _______a.m./p.m. Having considered the foregoing, the
Court hereby finds and concludes as follows.

FINDINGS OF FACT AND CONCLUSIONS OF LAW
Plaintiff faces an immediate and irreparable injury as a result of the issuance
and implementation of the Executive Order issued by Defendant Donald J. Trump
on January 27, 2017 (the “Executive Order”). The Executive Order affects the
employment, education, business, and travel of Plaintiff’s residents, and harms the
State of Hawai‘i itself through negative impacts upon its economy, revenues,
students, and sovereignty.
The foregoing harms are ongoing and significant.
A temporary restraining order against Defendants, in the manner set forth
below, is necessary until a determination of the merits of Plaintiff’s claims may be
held.
Plaintiff took the following reasonable steps to provide sufficient notice to
Defendants as to its intention to file the instant motion:
a. Plaintiff delivered a copy of the Complaint and instant motion
papers to the United States Attorney for the District of Hawai‘i;
b. Plaintiff sent a copy of the same documents by certified mail to the
Attorney General of the United States; and
c. Plaintiff called the office of the United States Attorney for the
District of Hawai‘i on February 3, 2017 to notify that office of
Plaintiff’s intention to file the instant motion later the same day.

The Court has jurisdiction over Defendants and the subject matter of this
case.
Plaintiff’s efforts to contact Defendants reasonably and substantially
complied with the requirements of Federal Rule of Civil Procedure 65(b).
No security bond is required under Federal Rule of Civil Procedure 65(c).
To obtain a temporary restraining order, Plaintiff must establish: (1) a
likelihood of success on the merits; (2) that irreparable harm is likely in the
absence of preliminary relief; (3) that the balance of the equities tips in Plaintiff’s
favor; and (4) that an injunction is in the public interest. Winter v. Nat’l Res. Def.
Council, Inc., 555 U.S. 7, 20 (2008).
Based on the foregoing, there is a strong likelihood that Plaintiff will
succeed on the merits of its claim, and irreparable injury is likely if the requested
relief is not issued.
The balance of the equities favors Plaintiff, and the public interest favors
entering temporary relief.
TEMPORARY RESTRAINING ORDER
Now, therefore, it is hereby ADJUDGED, ORDERED, and DECREED that:
1.

Defendants and all their respective officers, agents, servants,

employees, and attorneys, and persons in active concert or participation with them
who receive actual notice of this Order, hereby are enjoined fully from enforcing

or implementing Sections 3(c), 5(a)-(c), and 5(e) of the Executive Order across the
Nation. Enforcement of these provisions at all United States borders, ports of
entry, and in the issuance of visas is prohibited, pending further orders from this
Court; and
2.

Pursuant to Federal Rule of Civil Procedure 65(b)(2), the Court sets

an expedited hearing for _______ to determine whether this Temporary
Restraining Order should be extended.
DATED:

Honolulu, Hawai‘i, ___________.

_______________________
U.S. District Judge

State of Hawai‘i v. Trump, et al., Case No. []; [Proposed] TEMPORARY
RESTRAINING ORDER