International Refugee Assistance Project et al v. Trump et al

Filing 49

NOTICE by HIAS, Inc., Allan Hakky, International Refugee Assistance Project, Jane Doe 1, John Doe 1-4, Samaneh Takaloo of Intent to File Motion for Expedited Discovery (Cox, Justin)

February 13, 2017
The Honorable Theodore D. Chuang
United States District Court
District of Maryland
6500 Cherrywood Lane
Greenbelt, MD 20770
Re: International Refugee Assistance Project, et al. v. Trump, Case No. 8:17-cv-00361-TDC
Dear Judge Chuang:
We represent the plaintiffs in the above-referenced matter. Pursuant to § II.A of the Case
Management Order, Plaintiffs respectfully request a Pre-Motion Conference regarding Plaintiffs’
desire to file a motion for limited expedited discovery to prepare for Plaintiffs’ forthcoming motion
for preliminary injunction of President Trump’s January 27, 2017 Executive Order (the “Executive
Order”).
Given the rapid pace of events surrounding the Executive Order, Plaintiffs’ request for
expedited discovery is reasonably timed and expeditiously filed. See Tribal Casino Gaming,
Enterprise v. W.G. Yates & Sons Construction Co., No. 1:16CV30, 2016 WL 3450829, at *3
(W.D.N.C. June 16, 2010). As Plaintiffs can set out in further detail for the court in today’s
telephonic conference and in the motion papers, Plaintiffs appreciate the expedited nature of the
requested discovery and intend to seek discovery narrowly tailored to: (1) any guidance,
memoranda, policies, or similar documents regarding the need for the Executive Order; and (2)
any instructions and guidance issued to relevant agencies regarding the implementation and
interpretation of the Executive Order and subsequent relevant court orders. See, e.g., Dimension
Data N. Am., Inc. v. NetStar-1, Inc., 226 F.R.D. 528, 530-31 (E.D.N.C. 2005). This narrow
expedited discovery is necessary in this case to narrow the issues in dispute, especially in light of
the rapidly changing legal and political landscape. And, given the carefully tailored nature of the
request, this necessity outweighs any prejudice to Defendants.
Before filing this Notice, Plaintiffs were able to provide an overview of this Notice to
opposing counsel during a phone call, but Defendants’ counsel was not able at that time to state a
position on the proposed motion for expedited discovery. Plaintiffs therefore respectfully request
a Pre-Motion Conference and seek the Court’s leave to file a motion for a limited expedited
discovery.

Respectfully submitted,

/s/ Justin B. Cox
Justin B. Cox (Bar No. 17550)
National Immigration Law Center
1989 College Ave. NE
Atlanta, GA 30317
Tel: [phone]
Fax: [phone]
[e-mail]
Karen C. Tumlin†
Nicholas Espíritu†
Melissa S. Keaney†
Esther Sung†
National Immigration Law Center
3435 Wilshire Boulevard, Suite 1600
Los Angeles, CA 90010
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

† Appearing pro hac vice
†† Pro hac vice motion pending

Omar C. Jadwat††
Lee Gelernt††
Hina Shamsi††
Hugh Handeyside††
Sarah L. Mehta††
American Civil Liberties Union
Foundation
125 Broad Street, 18th Floor
New York, NY 10004
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Cecillia D. Wang††
Cody H. Wofsy††
American Civil Liberties Union
Foundation
39 Drumm Street
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
David Cole†
Daniel Mach†
Heather L. Weaver†
American Civil Liberties Union
Foundation
915 15th Street NW
Washington, DC 20005
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

2

/s/ David Rocah
David Rocah (Bar No. 27315)
Deborah A. Jeon (Bar No. 06905)
Sonia Kumar (Bar No. 07196)
Nicholas Taichi Steiner (Bar
No. 19670)
American Civil Liberties Union
Foundation of Maryland
3600 Clipper Mill Road, Suite 350
Baltimore, MD 21211
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

3