State of Hawaii v. Trump

Filing 227

MOTION for Clarification re 219 Order on Motion for TRO, Brad P. Rosenberg appearing for Defendants John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America (Attachments: # 1 Memorandum of Law in Support of Motion for Clarification, # 2 Certificate of Service)(Rosenberg, Brad) Modified on 3/20/2017 (emt, ).

JEFFREY B. WALL
Acting Solicitor General
CHAD A. READLER
Acting Assistant Attorney General
ELLIOT ENOKI (No. 1528)
Acting United States Attorney
EDRIC M. CHING (No. 6697)
Assistant United States Attorney
JOHN R. TYLER
Assistant Branch Director
BRAD P. ROSENBERG (DC Bar No. 467513)
MICHELLE R. BENNETT (CO Bar No. 37050)
DANIEL SCHWEI (NY Bar)
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, N.W.
Washington, D.C. 20530
Tel: [phone]; Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
STATE OF HAWAI’I and
ISMAIL ELSHIKH,
Plaintiffs,
v.
DONALD J. TRUMP, in his official
capacity as President of the United States;
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.

No. 1:17-cv-00050-DKWKSC
MOTION FOR
CLARIFICATION OF
TRO; MEMORANDUM
OF LAW
Judge: Hon. Derrick K.
Watson
Hearing: None Requested
Related Documents:
Dkt. No. 219

DEFENDANTS’ MOTION FOR CLARIFICATION OF
TEMPORARY RESTRAINING ORDER
Defendants hereby file this Motion for Clarification of this Court’s March
15, 2017 Temporary Restraining Order. ECF No. 219. The Court’s Temporary
Restraining Order says that it enjoins Sections 2 and 6 of Executive Order No.
13,780, even though many of the provisions of those sections were not addressed
in the briefs that Plaintiffs filed in support of their motion. It is therefore unclear
whether the Court intended for its Temporary Restraining Order to extend to all of
those provisions.
The parties have met and conferred regarding the motion. Plaintiffs have
indicated that they do not believe that Defendants’ Motion for Clarification is
correct and that it will unduly delay resolution of this case and have stated that they
will file an opposition brief within 24 hours. Defendants intend to file an expedited
reply, with the goal of having this motion being fully briefed by Monday, March
20. Defendants believe that they need greater clarity regarding the Court’s
Temporary Restraining Order before they can respond to the portion of the Court’s
opinion ordering the parties to submit a stipulated briefing and hearing schedule
for the Court to determine whether to extend the Temporary Restraining Order.
A supporting memorandum of law is attached hereto.

Dated: March 17, 2017

Respectfully submitted,
JEFFREY B. WALL
Acting Solicitor General
CHAD A. READLER
Acting Assistant Attorney General
ELLIOT ENOKI (No. 1528)
Acting United States Attorney
EDRIC M. CHING (No. 6697)
Assistant United States Attorney
JOHN R. TYLER
Assistant Director, Federal Programs Branch
/s/ Brad P. Rosenberg
BRAD P. ROSENBERG (DC Bar. No. 467513)
MICHELLE R. BENNETT (CO Bar. No. 37050)
DANIEL SCHWEI (NY Bar)
Trial Attorneys
U.S. Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, N.W.
Washington, D.C. 20530
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants