State of Hawaii v. Trump

Filing 35

STATEMENT of No Position re 30 MOTION to Partially Lift Stay filed by John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America. (Rosenberg, Brad)

CHAD A. READLER
Acting Assistant Attorney General
FLORENCE T. NAKAKUNI (No. 2286)
United States Attorney
EDRIC M. CHING
Assistant United States Attorney
JOHN R. TYLER
Assistant Branch Director
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]
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
TILLERSON, in his official capacity as )

No. 1:17-cv-00050-DKW-KJM
DEFENDANTS’ STATEMENT OF
NO POSITION RE: PLAINTIFF’S
MOTION TO PARTIALLY LIFT
STAY
Judge: Hon. Derrick K. Watson

Secretary of State; and the UNITED
STATES OF AMERICA,
Defendants.

)
)
)
)

DEFENDANTS’ STATEMENT OF NO POSITION RE: PLAINTIFF’S
MOTION TO PARTIALLY LIFT STAY
On February 7, 2017, this Court entered an Order staying proceedings in this
case. See Dkt. No. 27; see also Order Granting in Part and Denying in Part
Defendants’ Emergency Motion to Stay Deadlines Pending Resolution of Appellate
Proceedings Regarding Nationwide Injunction, Dkt. No. 32, Feb. 9, 2017. On
February 8, 2017, plaintiff filed a motion to partially lift this Court’s stay in order to
allow plaintiff to file a Proposed First Amended Complaint as well as the Declaration
of Clyde J. Wadsworth. See Motion to Partially Lift Stay, Dkt. No. 30 (“plaintiff’s
motion”).
Defendants hereby state that they take no position on plaintiff’s motion.

Dated: February 13, 2017

Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
FLORENCE T. NAKAKUNI
United States Attorney
EDRIC M. CHING
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

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
Elizabeth Hagerty
Kimberly T. Guidry
Neal Katyal
Robert T. Nakatsuji

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

Date: February 13, 2017

February 13, 2017
February 13, 2017
February 13, 2017
February 13, 2017
February 13, 2017
February 13, 2017
February 13, 2017
February 13, 2017

/s/ Brad P. Rosenberg
BRAD P. ROSENBERG
Trial Attorney
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]
Attorney for Defendants