International Refugee Assistance Project et al v. Trump et al

Filing 113

RESPONSE to Motion re 90 MOTION for Other Relief for Jane Doe #2 to Proceed Under Pseudonym filed by Michael Dempsey, Department of Homeland Security, Department of State, John F. Kelly, Office of the Director of National Intelligence, Rex W. Tillerson, Donald J. Trump.(Garg, Arjun)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
SOUTHERN DIVISION
____________________________________
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INTERNATIONAL REFUGEE
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ASSISTANCE PROJECT, et al.,
)
)
Plaintiffs,
)
)
v.
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No. 8:17-cv-00361-TDC
)
DONALD TRUMP, in his official capacity )
as President of the United States, et al.,
)
)
Defendants.
)
____________________________________)
DEFENDANTS’ RESPONSE TO PLAINTIFF
JANE DOE #2’S MOTION FOR LEAVE TO PROCEED UNDER PSEUDONYM
Plaintiffs in this lawsuit consist of various organizations and individuals who have brought
constitutional and statutory challenges against Executive Order No. 13,780, entitled “Protecting
the Nation From Foreign Terrorist Entry Into the United States.” 82 Fed. Reg. 13,209 (Mar. 6,
2017). The initial Complaint in this matter included five individual plaintiffs who sought to
proceed under the pseudonyms John Does #1-4 and Jane Doe #1. See ECF No. 1. In conjunction
with the filing of their initial Complaint, Plaintiffs also filed a motion for leave to allow John Does
#1-4 and Jane Doe #1 to proceed under pseudonyms. See ECF No. 5. Defendants did not oppose
Plaintiffs’ request, which this Court granted in a memorandum opinion. See ECF No. 66.
Plaintiffs have now filed an Amended Complaint that drops John Doe # 1 and #3, but adds
a new Plaintiff seeking to proceed under the pseudonym Jane Doe #2. See Amended Complaint,
ECF No. 93. In conjunction with the filing of that Amended Complaint, Plaintiffs also filed a
Motion for Leave for Jane Doe #2 to Proceed Under a Pseudonym. See ECF No. 90.

At this time, Defendants do not oppose Plaintiff Jane Doe’s Motion for Leave to Proceed
Under a Pseudonym. However, Defendants reserve the right at a future date either to request that
the Court enter a protective order, or to move to unseal the identities of one or more of the
pseudonymous Plaintiffs.

In that regard, Plaintiffs’ motion specifically notes that, “if the

government can later articulate and substantiate a need for particularized information about the
Doe Plaintiffs, the Court can consider at that stage whether a different balance should be struck
regarding the Doe Plaintiffs’ privacy.” Id. at 6. While Defendants do not identify a need at this
time for the pseudonymous Plaintiffs to reveal their identity or otherwise be publicly disclosed,
future litigation events may require this Court to revisit the issue.

Dated: March 13, 2017

Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
ROD J. ROSENSTEIN
United States Attorney
JENNIFER D. RICKETTS
Director, Federal Programs Branch
JOHN R. TYLER
Assistant Director, Federal Programs Branch
/s/ Arjun Garg
ARJUN GARG (Bar No. 806537)
DANIEL SCHWEI
MICHELLE R. BENNETT (Bar No. 806456)
BRAD P. ROSENBERG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., NW
Washington, DC 20530
Tel: [phone]
Fax: [phone]

2

E-mail: [e-mail]
[e-mail]
Attorneys for Defendants

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CERTIFICATE OF SERVICE
I hereby certify that on March 13, 2017, I electronically filed the foregoing Defendants’
Response to Plaintiff Jane Doe #2’s Motion for Leave to Proceed Under Pseudonym using the
Court’s CM/ECF system, causing a notice of filing to be served upon all counsel of record.

/s/ Arjun Garg
ARJUN GARG