State of Hawaii v. Trump

Filing 391

NOTICE OF APPEAL as to #390 Preliminary Injunction, #387 Order on Motion for TRO, by Elaine Duke, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America. (Schwei, Daniel) Modified on 10/24/2017 9CCA NO. 17-17168 (emt, ).

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CHAD A. READLER Acting Assistant Attorney General ELLIOT ENOKI (No. 1528) Acting United States Attorney EDRIC M. CHING (No. 6697) Assistant United States Attorney JOHN R. TYLER Assistant Branch Director MICHELLE R. BENNETT (CO Bar No. 37050) DANIEL SCHWEI (NY Bar) Senior Trial Counsel United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, D.C. 20530 Tel: (202) 305-8693; Fax: (202) 616-8470 E-mail: daniel.s.schwei@usdoj.gov Attorneys for Defendants UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII STATE OF HAWAII, ISMAIL ELSHIKH, JOHN DOES 1 & 2, and MUSLIM ASSOCIATION OF HAWAII, INC., No. 1:17-cv-00050-DKWKSC NOTICE OF APPEAL Plaintiffs, v. DONALD J. TRUMP, in his official capacity as President of the United States; U.S. DEPARTMENT OF HOMELAND SECURITY; ELAINE DUKE, in her official capacity as Acting 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. Judge: Hon. Derrick K. Watson NOTICE OF APPEAL PLEASE TAKE NOTICE that all Defendants in the above-named case hereby appeal to the United States Court of Appeals for the Ninth Circuit from this Court’s Preliminary Injunction dated October 20, 2017 (ECF No. 390), as well as all prior orders and decisions that merge into that Order, including this Court’s Order Granting Motion for Temporary Restraining Order dated October 17, 2017 (ECF No. 387). Dated: October 24, 2017 Respectfully submitted, CHAD A. READLER Acting Assistant Attorney General ELLIOT ENOKI (No. 1528) Acting United States Attorney EDRIC M. CHING (No. 6697) Assistant United States Attorney JOHN R. TYLER Assistant Director, Federal Programs Branch /s/ Daniel Schwei DANIEL SCHWEI (NY Bar) MICHELLE R. BENNETT (CO Bar. No. 37050) Senior Trial Counsel U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, D.C. 20530 Tel: (202) 305-8693 Fax: (202) 616-8470 E-mail: daniel.s.schwei@usdoj.gov Attorneys for Defendants CERTIFICATE OF SERVICE I hereby certify that, on this 24th day of October, 2017, 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: Alexander Bowerman Clyde J. Wadsworth Colleen Roh Sinzdak Deirdre Marie-Iha Donna H. Kalama Douglas S.G. Chin Elizabeth Hagerty Kimberly T. Guidry Mitchell Reich Neal Katyal Robert T. Nakatsuji Sara Solow Thomas Schmidt Date: October 24, 2017 alexander.bowerman@hoganlovells.com clyde.j.wadsworth@hawaii.gov colleen.rohsinzdak@hoganlovells.com deirdre.marie-iha@hawaii.gov Donna.H.Kalama@hawaii.gov hawaiig@hawaii.gov elizabeth.hagerty@hoganlovells.com kimberly.t.guidry@hawaii.gov mitchell.reich@hoganlovells.com neal.katyal@hoganlovells.com robert.t.nakatsuji@hawaii.gov sara.solow@hoganlovells.com thomas.schmidt@hoganlovells.com /s/ Daniel Schwei Daniel Schwei Senior Trial Counsel United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave, N.W. Washington, DC 20530 Tel: (202) 305-8693 Fax: (202) 616-8470 E-mail: daniel.s.schwei@usdoj.gov Attorney for Defendants

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