State of Hawaii v. Trump

Filing 211

MOTION for Leave to File Brief of Amici Curiae in Support of 65 Plaintiff's Motion for a Temporary Restraining Order] Margery S. Bronster appearing for Amicus Technology Companies and Other Businesses (Attachments: # 1 Exhibit 1_proposed Amici Curiae Brief, # 2 Certificate of Service)(Bronster, Margery)

BRONSTER FUJICHAKU ROBBINS
A Law Corporation
MARGERY S. BRONSTER 4750
[e-mail]
MELINDA WEAVER
10464
[e-mail]
1003 Bishop Street, Suite 2300
Honolulu, HI 96813
Telephone: [phone]
Facsimile: [phone]
PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
ROBERT A. ATKINS (pro hac vice pending)
[e-mail]
ANDREW J. EHRLICH (pro hac vice pending)
[e-mail]
PIETRO J. SIGNORACCI (pro hac vice pending)
[e-mail]
1285 Avenue of the Americas
New York, NY 10019-6064
Telephone: [phone]
Facsimile: [phone]
Attorneys for Proposed Amici Curiae
Technology Companies and Other Businesses

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
STATE OF HAWAI‘I, et al.,
Plaintiffs,
v.
DONALD J. TRUMP, President of
the United States, et al.,
Defendants.

Case No. 1:17-cv-00050-DKW-KSC
MOTION FOR LEAVE TO FILE
BRIEF OF AMICI CURIAE
TECHNOLOGY COMPANIES
AND OTHER BUSINESSES
IN SUPPORT OF PLAINTIFFS’
MOTION FOR A TEMPORARY
RESTRAINING ORDER [DKT.
NO. 65]; EXHIBIT “1”;
CERTIFICATE OF SERVICE
Hearing
Date:
March 15, 2017
Time:
9:30 a.m.
Judge: Hon. Derrick K. Watson

MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE
TECHNOLOGY COMPANIES AND OTHER BUSINESSES
IN SUPPORT OF PLAINTIFFS’ MOTION FOR A TEMPORARY
RESTRAINING ORDER
This motion is brought pursuant to Federal Rule of Civil
Procedure 7, Local Rules of Practice for the United States District Court
for the District of Hawaii 7.1 and 7.2, and the Brief of Amici Curiae
Technology Companies and Other Businesses in Support of Plaintiffs’
Motion for a Temporary Restraining Order, attached as Exhibit “1,”
together with the papers and pleadings on file herein.
The undersigned represents that counsel for the Amici have
received the consent of the Plaintiffs to file brief of Amici Curiae.
Further, Defendants’ counsel has represented that Defendants take no
position on the Amici’s motion for leave to file brief of Amici Curiae.
INTEREST OF AMICI CURIAE
Amici curiae are 58 leading businesses from the technology sector
and other parts of the U.S. economy. A list of the Amici is set forth in
Appendix A. These companies operate throughout the United States,
including in Hawai‘i, and collectively employ millions of Americans as
well as hundreds of thousands of individuals from around the globe.

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ARGUMENT IN SUPPORT OF LEAVE TO FILE
The role of amici curiae is to assist in a case of general public
interest, to supplement the efforts of counsel, and to draw the court's
attention to law that escaped consideration. Miller-Wohl Co. v. Comm'r
of Labor & Indus. State of Mont., 694 F.2d 203, 204 (9th Cir. 1982);
citing

Alexander

v.

Hall, 64

F.R.D.

152,

155

(D.S.C.1974); 3A

C.J.S. Amicus Curiae § 6, at 427 (1973).
In this matter, Amici provide an important perspective because a
ruling denying Plaintiffs’ motion for a temporary restraining order
would result in constitutional injuries to employees and customers of
Amici. These injuries would inflict significant and irreparable harm on
U.S. businesses and their employees, stifling the growth of the United
States’ most prominent industries.
As a result, Amici are uniquely suited to inform the Court of the
consequences to the United States’ burgeoning industries should the
temporary restraining order be denied.
CONCLUSION
Amici respectfully request that this Court grant leave for the
Amici to file their Brief of Amici Curiae Technology Companies and

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Other Businesses in Support of Plaintiffs’ Motion for a Temporary
Restraining Order, attached as Exhibit “1”.
DATED: Honolulu, Hawai‘i, March 14, 2017.
/s/ Margery S. Bronster
MARGERY S. BRONSTER
MELINDA WEAVER
ROBERT A. ATKINS*
ANDREW P. EHRLICH*
PIETRO J. SIGNORACCI*
Attorneys for Amici Curiae
*Pro hac vice application pending

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