State of Hawaii v. Trump

Filing 331

MOTION for Leave to File Motion of the State of New York for Leave to File Amicus Brief Barbara D. Underwood appearing for Amicus State of New York (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Barbara D. Underwood, #3 Exhibit Brief Amicus Curiae of New York and Other States, #4 Certificate of Service)(Underwood, Barbara)

ADAMS MIYASHIRO KREK
A Limited Liability Law Partnership

ERIC T. SCHNEIDERMAN
Attorney General of the State of New York

DUANE R. MIYASHIRO 6513
900 Fort Street Mall, Suite 1700
Honolulu, HI 96813
Telephone: [phone]
Facsimile: 808.664-8626
[e-mail]

BARBARA D. UNDERWOOD*
Solicitor General
*
Admitted Pro hac vice
120 Broadway
New York, NY 10271
Telephone: [phone]
Facsimile: 212.416.6350
[e-mail]

Attorneys for STATES OF NEW YORK, CALIFORNIA, CONNECTICUT,
DELAWARE, ILLINOIS, IOWA, MAINE, MARYLAND, MASSACHUSETTS,
NEW MEXICO, OREGON, RHODE ISLAND, VERMONT, VIRGINIA, and
WASHINGTON, and the DISTRICT OF COLUMBIA
UNITED STATES DISTRICT COURT
DISTRICT OF HAWAI‘I

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.

Civil No. 1:17-cv-00050
(DKW/KSC)
MOTION OF THE STATE OF
NEW YORK FOR LEAVE TO
FILE AMICUS BRIEF;
MEMORANDUM IN SUPPORT
OF MOTION; DECLARATION OF
BARBARA D. UNDERWOOD;
CERTIFICATE OF SERVICE
Related Documents: Dkt. No. 328

MOTION OF THE STATE OF NEW YORK
FOR LEAVE TO FILE AN AMICUS BRIEF
The States of New York, California, Connecticut, Delaware, Illinois, Iowa,
Maine, Maryland, Massachusetts, New Mexico, Oregon, Rhode Island, Vermont,
Virginia, and Washington, and the District of Columbia, respectfully move for leave
to file a brief as amici curiae in support of Plaintiffs’ Motion to Enforce or, in the
Alternative, to Modify Preliminary Injunction, filed July 7, 2017 (ECF No. 328).
Plaintiffs consent to the filing of the amicus brief, and defendants take no
position on the motion. As set forth more fully in the attached Memorandum in
Support of Motion, this Court has broad discretion to grant amicus curiae status to
the aforementioned States. A copy of the States’ proposed amicus brief is attached
to the accompanying Declaration of Barbara D. Underwood as Exhibit “1.”
This motion is made pursuant to Rule 7 of the Federal Rules of Civil
Procedure and Rules 7.1 and 7.2 of the Local Rules for the United States District
Court for the District of Hawaii, and is based on the Memorandum in Support of
Motion, the attached Declaration of Barbara D. Underwood, Exhibit “1,” and the
records and files in this case.

Dated:

New York, New York
July 10, 2017
Respectfully submitted,
. /s/ Barbara D. Underwood .
BARBARA D. UNDERWOOD*
Solicitor General
*Admitted Pro Hac Vice
Attorney for Amicus Curiae
STATES OF NEW YORK,
CALIFORNIA, CONNECTICUT,
DELAWARE, ILLINOIS, IOWA,
MAINE, MARYLAND,
MASSACHUSETTS, NEW MEXICO,
OREGON, RHODE ISLAND,
VERMONT, VIRGINIA, and
WASHINGTON, and THE DISTRICT
OF COLUMBIA

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