State of Hawaii v. Trump

Filing 352

ORDER of USCA as to #346 Notice of Appeal, filed by U.S. Department of State, U.S. Department of Homeland Security, Rex Tillerson, John F. Kelly, United States of America, Donald J. Trump, 9CCA NO. 17-16426: "The Government's motion to stay pending appeal, Dkt. No. 3, is denied as moot. The briefing schedule entered at Dkt. No. 2 is vacated. The parties' joint motion to expedite the briefing and consideration of the merits of this appeal, Dkt. No. 6, is granted." (emt, )CERTIFICATE OF SERVICEParties served by the Ninth Circuit Court of Appeals.

UNITED STATES COURT OF APPEALS

FILED

FOR THE NINTH CIRCUIT

JUL 24 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

STATE OF HAWAII; ISMAIL ELSHIKH,
Plaintiffs-Appellees,
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 W. TILLERSON, in his official
capacity as Secretary of State; UNITED
STATES OF AMERICA,

No.

17-16426

D.C. No.
l:l 7-cv-00050-DKW-KSC
District of Hawaii,
Honolulu
ORDER

Defendants-Appellants.
Before: HAWKINS, GOULD, and PAEZ, Circuit Judges.
The Government's motion to stay pending appeal, Dkt. No. 3, is denied as
moot. The briefing schedule entered at Dkt. No. 2 is vacated. The parties' joint
motion to expedite the briefing and consideration of the merits of this appeal, Dkt.
No. 6, is granted.
The briefing schedule shall proceed as follows: the opening brief and
excerpts of record are due July 27, 2017; the answering brief and supplemental
excerpts of record (if any) are due August 3, 2017; and the reply brief is due
August 9, 2017. Any amicus briefs are due August 3, 2017. Oral argument is

Case: 17-16426, 07/24/2017, ID: 10518691, DktEntry: 7, Page 1 of2

presently not scheduled, but if the panel later concludes that oral argument is
necessary, argument will be scheduled by the panel as soon as practicable after
briefing concludes.

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