State of Hawaii v. Trump

Filing 384

MOTION for Leave to File Response to Notice of In Camera, Ex Parte Lodging of Report Neal Katyal appearing for Plaintiffs Ismail Elshikh, John Does 1 & 2, Muslim Association of Hawaii, Inc., State of Hawaii (Attachments: #1 Exhibit Proposed Response, #2 Exhibit Proposed Order, #3 Certificate of Service)(Katyal, Neal) forwarded to MAGISTRATE JUDGE KEVIN S. CHANG

DOUGLAS S. CHIN (Bar No. 6465)
Attorney General of the State of Hawaii
CLYDE J. WADSWORTH (Bar No. 8495)
Solicitor General of the State of Hawaii
DEIRDRE MARIE-IHA (Bar No. 7923)
DEPARTMENT OF THE ATTORNEY
GENERAL, STATE OF HAWAII
425 Queen Street
Honolulu, HI 96813
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff, State of Hawaii

NEAL K. KATYAL*
HOGAN LOVELLS US LLP
555 Thirteenth Street NW
Washington, DC 20004
Telephone: [phone]
Fax: [phone]
Email:
[e-mail]
*Admitted Pro Hac Vice

Attorneys for Plaintiffs

(See Next Page For Additional Counsel)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
PLAINTIFFS’ MOTION
FOR LEAVE TO FILE A
RESPONSE TO NOTICE OF
STATE OF HAWAII, ISMAIL ELSHIKH,
IN CAMERA, EX PARTE
JOHN DOES 1 & 2, and MUSLIM
LODGING OF REPORT
ASSOCIATION OF HAWAII, INC.,
CONTAINING
CLASSIFIED
Plaintiffs,
INFORMATION;
[PROPOSED] RESPONSE
v.
TO NOTICE OF IN
CAMERA, EX PARTE
DONALD J. TRUMP, in his official capacity as
LODGING OF REPORT
President of the United States; U.S.
CONTAINING
DEPARTMENT OF HOMELAND SECURITY;
CLASSIFIED
ELAINE DUKE, in her official capacity as
INFORMATION;
Acting Secretary of Homeland Security; U.S.
[PROPOSED] ORDER;
DEPARTMENT OF STATE; REX TILLERSON,
CERTIFICATE OF
in his official capacity as Secretary of State; and
SERVICE
the UNITED STATES OF AMERICA,
Defendants.

Civil Action No. 1:17-cv00050-DKW-KSC

ADDITIONAL COUNSEL
DONNA H. KALAMA (Bar No. 6051)
KIMBERLY T. GUIDRY (Bar No. 7813)
ROBERT T. NAKATSUJI (Bar No. 6743)
KALIKO‘ONALANI D. FERNANDES
(Bar No. 9964)
KEVIN M. RICHARDSON (Bar No. 10224)
Deputy Attorneys General
DEPARTMENT OF THE ATTORNEY
GENERAL, STATE OF HAWAII
425 Queen Street
Honolulu, HI 96813
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff, State of Hawaii

COLLEEN ROH SINZDAK*
MITCHELL P. REICH*
ELIZABETH HAGERTY*
YURI S. FUCHS*
SUNDEEP IYER*†
REEDY C. SWANSON*††
HOGAN LOVELLS US LLP
555 Thirteenth Street NW
Washington, DC 20004
Telephone: [phone]
Fax: [phone]
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
1735 Market St., 23rd Floor
Philadelphia, PA 19103
Telephone: [phone]
Fax: [phone]
*Admitted Pro Hac Vice
†
Admitted only in Maryland;
supervised by firm members
††
Admitted only in Virginia;
supervised by firm members
Attorneys for Plaintiffs

PLAINTIFFS’ MOTION FOR LEAVE TO FILE A RESPONSE TO
NOTICE OF IN CAMERA, EX PARTE LODGING OF REPORT
CONTAINING CLASSIFIED INFORMATION
Pursuant to Local Rule 7.4 for the United States District Court for the
District of Hawaii, the State of Hawaii, Ismail Elshikh, John Does 1 and 2, and the
Muslim Association of Hawaii, Inc. (collectively, “Plaintiffs”), by and through
their counsel, respectfully request that the Court grant Plaintiffs leave to file a
Response to the Government’s Notice of In Camera, Ex Parte Lodging of Report
Containing Classified Information and Objection to Review or Consideration of
Report, in the form attached hereto.
On October 10, 2017, this Court directed the Government to file “a copy of
the September 15, 2017 report submitted by the Secretary of Homeland Security,
which is referenced in Section 1(h) of Proclamation No. 9645.” Dkt. No. 371. On
October 14, the Government filed a Notice indicating that it would submit a copy
of the report ex parte and in camera. Dkt. No. 376. In the Notice, the Government
objected to the Court’s consideration or review of the report and made clear that it
would not serve the report on Plaintiffs’ counsel.
Plaintiffs seek leave to respond to the Government’s arguments. Plaintiffs
believe that the requested report is not necessary in order for the Court to resolve
the case and that it would be appropriate for the Court to exclude the report from
the record. However, in the event that the Court considers the report in deciding

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the case, Plaintiffs believe that they would be prejudiced unless Plaintiffs’ counsel
is afforded an opportunity to view any material information contained in the report.
Therefore, Plaintiffs respectfully request leave to file the attached Response
to the Government’s Notice of In Camera, Ex Parte Lodging of Report Containing
Classified Information and Objection to Review or Consideration of Report.
DATED:

Washington, DC, October 16, 2017.
Respectfully submitted,
/s/ Neal K. Katyal

DOUGLAS S. CHIN (Bar No. 6465)
Attorney General of the State of Hawaii
CLYDE J. WADSWORTH (Bar No. 8495)
Solicitor General of the State of Hawaii
DEIRDRE MARIE-IHA (Bar No. 7923)
DONNA H. KALAMA (Bar No. 6051)
KIMBERLY T. GUIDRY (Bar No. 7813)
ROBERT T. NAKATSUJI (Bar No. 6743)
KALIKO‘ONALANI D. FERNANDES
(Bar No. 9964)
KEVIN M. RICHARDSON (Bar No.
10224)
Deputy Attorneys General
DEPARTMENT OF THE ATTORNEY
GENERAL, STATE OF HAWAII
Attorneys for Plaintiff, State of Hawaii

NEAL K. KATYAL*
COLLEEN ROH SINZDAK*
MITCHELL P. REICH*
ELIZABETH HAGERTY*
YURI S. FUCHS*
SUNDEEP IYER*†
REEDY C. SWANSON*††
THOMAS P. SCHMIDT*
SARA SOLOW*
ALEXANDER B. BOWERMAN*
HOGAN LOVELLS US LLP
*Admitted Pro Hac Vice
†
Admitted only in Maryland;
supervised by firm members
††
Admitted only in Virginia;
supervised by firm members
Attorneys for Plaintiffs

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