State of Hawaii v. Trump

Filing 23

Emergency MOTION to Stay re 18 Link,,, Michelle R. Bennett 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, # 2 Proposed Order)(Bennett, Michelle)

CHAD A. READLER
Acting Assistant Attorney General
FLORENCE T. NAKAKUNI (No. 2286)
United States Attorney
EDRIC CHING (No. 6697)
Assistant United States Attorney
JOSEPH H. HUNT
Director
JOHN R. TYLER
Assistant Branch Director
MICHELLE R. BENNETT (Co. Bar. No. 37050)
DANIEL SCHWEI (N.Y. Bar)
ARJUN GARG (D.C. Bar No. 975335)
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave NW
Washington DC 20530
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
)
STATE OF HAWAIʻI,
)
)
Plaintiff,
)
)
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
)

No. 1:17-cv-00050-DKW-KJM
DEFENDANTS’ EMERGENCY
MOTION TO STAY ALL
DEADLINES PENDING
RESOLUTION OF APPELLATE
PROCEEDINGS REGARDING
NATIONWIDE INJUNCTION
Judge: Hon. Derrick K. Watson

TILLERSON, in his official capacity as)
Secretary of State; and the UNITED )
STATES OF AMERICA,
)
)
Defendants.
)
)
DEFENDANTS’ EMERGENCY MOTION TO STAY ALL DEADLINES
PENDING RESOLUTION OF APPELLATE PROCEEDINGS REGARDING
NATIONWIDE INJUNCTION
Pursuant to the Court’s authority to control its docket, Defendants—Donald
J. Trump, in his official capacity as President of the United States; the U.S.
Department of Homeland Security; John F. Kelly, in his official capacity as
Secretary of Homeland Security; the U.S. Department of State; Rex Tillerson, in
his official capacity as Secretary of State; and the United States of America—
hereby move, on an emergency basis, to stay all deadlines in this case pending
resolution of the appeal of the Western District of Washington’s nationwide
injunction entered in Washington v. Trump, Case No. 2:17-cv-141-JLR (W.D.
Wash.); see id. ECF No. 52 (injunction), ECF No. 53 (notice of appeal).
In the alternative, the Government respectfully requests that this Court stay
all deadlines pending resolution of the appeal, but provide that if the Western
District of Washington’s nationwide injunction is no longer in effect then the
Government must respond to the State of Hawaii’s motion for a temporary
restraining order within 48 hours.
A supporting memorandum of law and proposed order are attached hereto.

Dated: February 6, 2017

Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
FLORENCE T. NAKAKUNI
United States Attorney
EDRIC CHING
Assistant United States Attorney
JOSEPH H. HUNT
Director
JOHN R. TYLER
Assistant Branch Director
/s/ Michelle R. Bennett
MICHELLE R. BENNETT (Co. Bar No.
37050)
DANIEL SCHWEI (N.Y. Bar)
ARJUN GARG (D.C. Bar No. 975335)
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave NW
Washington DC 20530
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

CERTIFICATE OF SERVICE
I hereby certify that, on the dates and by the methods of service noted below,
a true and correct copy of the foregoing was served on the following at their last
known addresses:
Served Electronically through CM/ECF:
Clyde J. Wadsworth
Deirdre Marie-Iha
Donna H. Kalama
Douglas S.G. Chin
Kimberly T. Guidry
Neal Katyal
Robert T. Nakatsuji

[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

February 6, 2017
February 6, 2017
February 6, 2017
February 6, 2017
February 6, 2017
February 6, 2017
February 6, 2017

Date: February 6, 2017
/s/ Daniel Schwei
DANIEL SCHWEI
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs
Branch
20 Massachusetts Ave NW
Washington DC 20530
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorney for Defendants