State of Hawaii v. Trump

Filing 235

Joint MOTION for Briefing Schedule Neal Katyal appearing for Plaintiff State of Hawaii (Attachments: # 1 Exhibit Proposed Order, # 2 Certificate of Service)(Katyal, Neal)

DOUGLAS S. CHIN (Bar No. 6465)
Attorney General of the State of Hawai‘i
DEPARTMENT OF THE ATTORNEY
GENERAL, STATE OF HAWAI‘I
425 Queen Street
Honolulu, HI 96813
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff, State of Hawai‘i

NEAL K. KATYAL*
HOGAN LOVELLS US LLP
555 Thirteenth Street NW
Washington, DC 20004
Telephone: [phone]
Fax: [phone]
*Admitted Pro Hac Vice
Attorneys for Plaintiffs, State of
Hawai‘i and Ismail Elshikh

(See Next Page For Additional Counsel)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI‘I
STATE OF HAWAI‘I and ISMAIL ELSHIKH,
Civil Action No. 1:17-cv00050-DKW-KSC

Plaintiffs,
v.

JOINT MOTION FOR
ENTRY OF PROPOSED
DONALD J. TRUMP, in his official capacity as
BRIEFING SCHEDULE
President of the United States; U.S.
ORDER FOR PLAINTIFFS’
DEPARTMENT OF HOMELAND SECURITY; FORTHCOMING MOTION
JOHN F. KELLY, in his official capacity as
TO CONVERT
Secretary of Homeland Security; U.S.
TEMPORARY
DEPARTMENT OF STATE; REX TILLERSON, RESTRAINING ORDER TO
in his official capacity as Secretary of State; and
A PRELIMINARY
the UNITED STATES OF AMERICA,
INJUNCTION
Defendants.

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ADDITIONAL COUNSEL
CLYDE J. WADSWORTH (Bar No. 8495)
Solicitor General of the State of Hawai‘i
DEIRDRE MARIE-IHA (Bar No. 7923)
DONNA H. KALAMA (Bar No. 6051)
KIMBERLY T. GUIDRY (Bar No. 7813)
ROBERT T. NAKATSUJI (Bar No. 6743)
Deputy Attorneys General
DEPARTMENT OF THE ATTORNEY
GENERAL, STATE OF HAWAI‘I
425 Queen Street
Honolulu, HI 96813
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff, State of Hawai‘i

COLLEEN ROH SINZDAK*
MITCHELL P. REICH*
ELIZABETH HAGERTY*
HOGAN LOVELLS US LLP
555 Thirteenth Street NW
Washington, DC 20004
Telephone: [phone]
Fax: [phone]
Email:
[e-mail]
THOMAS P. SCHMIDT*
HOGAN LOVELLS US LLP
875 Third Avenue
New York, NY 10022
Telephone: [phone]
Fax: [phone]
SARA SOLOW*
ALEXANDER B. BOWERMAN*
HOGAN LOVELLS US LLP
1835 Market St., 29th Floor
Philadelphia, PA 19103
Telephone: [phone]
Fax: [phone]
*Admitted Pro Hac Vice
Attorneys for Plaintiffs, State of
Hawai‘i and Ismail Elshikh

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JOINT MOTION FOR ENTRY OF PROPOSED BRIEFING SCHEDULE
ORDER FOR PLAINTIFFS’ FORTHCOMING MOTION TO CONVERT
TEMPORARY RESTRAINING ORDER TO A PRELIMINARY
INJUNCTION
The parties file the instant joint motion with this Court, respectfully moving
for the entry of a Proposed Briefing Schedule Order for Plaintiffs’ forthcoming
Motion to Convert Temporary Restraining Order to a Preliminary Injunction.
Since this Court issued its Order of March 15, 2017, Plaintiffs and the
Government have been conferring through counsel to try to agree to a proposed
stipulated briefing and argument schedule on the issue of whether this Court’s
Temporary Restraining Order should be extended or converted to a Preliminary
Injunction. In the evening of March 20, 2017, Eastern Standard Time, Plaintiffs
and the Government agreed to the following briefing and argument schedule on
Plaintiffs’ forthcoming Motion to Convert Temporary Restraining Order to a
Preliminary Injunction, if it is acceptable to this Court. Specifically, the parties
propose that:
1. Plaintiffs file their Motion to Convert Temporary Restraining Order to a
Preliminary Injunction by 11:59 PM Hawaii Standard Time (H.S.T.) on
Monday, March 20, 2017;

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2. The Government files its Opposition to Plaintiffs’ Motion by 11:59 PM
H.S.T. on Thursday, March 23, 20171;
3. Plaintiffs file their Reply by 11:59 PM H.S.T. on Friday, March 24, 2017.
4. Both parties prepare to appear at a hearing in this Court with telephonic
access available on the morning of Monday, March 27, 2017, or as soon
thereafter as counsel may be heard. Plaintiffs note that they do not believe
that such a hearing is necessary. Defendants believe that a hearing would be
appropriate in light of the nature of relief that Plaintiffs are seeking, as well
as to answer any questions that the Court may have regarding the scope of
any relief that the Court may grant. Defendants also note that the Court’s
TRO requested a stipulated briefing and hearing schedule. ECF No. 219.
If the Court does not issue an Order on this proposed briefing schedule by
5:59 H.S.T. (11:59 P.M. E.S.T.) on Monday, March 20, 2017, the above dates shall
be modified such that: Plaintiffs shall file their Motion to Convert Temporary
Restraining Order to a Preliminary Injunction by 9:30 A.M. H.S.T. on Tuesday,
March 21, 2017; the Government shall file its Opposition by 9:30 A.M. H.S.T. on
Friday, March 24, 2017; and Plaintiffs shall file their Reply by 9:30 A.M. H.S.T.
on Saturday, March 25, 2017.

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Defendants reserve their rights to request additional time to file their opposition
brief to the extent that they determine that Plaintiffs’ motion raises substantial new
factual or legal issues that would necessitate additional time to respond.
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Additionally, the parties have agreed to jointly stipulate to an extension of
this Court’s Temporary Restraining Order of March 15, 2017, until this Court has
had an opportunity to rule on whether the TRO should be converted to a
preliminary injunction or extended.
The parties respectfully move for the entry of a proposed briefing schedule
with the above dates.
DATED:

Washington, D.C., March 20, 2017.
Respectfully submitted,
/s/ Neal K. Katyal

DOUGLAS S. CHIN (Bar No. 6465)
Attorney General of the State of Hawai‘i
CLYDE J. WADSWORTH (Bar No. 8495)
Solicitor General of the State of Hawai‘i
DEIRDRE MARIE-IHA (Bar No. 7923)
KIMBERLY T. GUIDRY (Bar No. 7813)
DONNA H. KALAMA (Bar No. 6051)
ROBERT T. NAKATSUJI (Bar No. 6743)
Deputy Attorneys General
DEPARTMENT OF THE ATTORNEY
GENERAL, STATE OF HAWAI‘I
Attorneys for Plaintiff, State of Hawai‘i

NEAL K. KATYAL*
COLLEEN ROH SINZDAK*
MITCHELL P. REICH*
ELIZABETH HAGERTY*
THOMAS P. SCHMIDT*
SARA SOLOW*
ALEXANDER B. BOWERMAN*
HOGAN LOVELLS US LLP

*Admitted Pro Hac Vice
Attorneys for Plaintiffs, State of
Hawai‘i and Ismail Elshikh
CHAD A. READLER
Acting Assistant Attorney General
ELLIOT ENOKI (No. 1528)
United States Attorney

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EDRIC M. CHING (No. 6697)
Assistant United States Attorney
JOHN R. TYLER
Assistant Branch Director
/s/ Brad P. Rosenberg
MICHELLE R. BENNETT
(Co. Bar No. 37050)
BRAD P. ROSENBERG
(D.C. Bar No. 467513)
DANIEL SCHWEI (N.Y. Bar)
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs
Branch
20 Massachusetts Ave, N.W.
Washington, DC 20530
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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