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)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SOUTHERN DIVISION ____________________________________ ) INTERNATIONAL REFUGEE ) ASSISTANCE PROJECT, et al., ) ) Plaintiffs, ) ) v. ) 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: (202) 305-8613 Fax: (202) 616-8470 2 E-mail: Attorneys for Defendants 3 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

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