State of Washington, et al., v. Trump., et al

Filing 118

Second MOTION to Amend Complaint, filed by Plaintiff State of Washington. (Attachments: # 1 Complaint Second Amended, # 2 Exhibit Exhibits to Second Amended Complaint, # 3 Index of Declarations, # 4 Decl. of R. Althaibani, # 5 Decl. of S. Amin, # 6 Decl. of B. Callaghan, # 7 Decl. of S. Dadgari, # 8 Decl. of A. Elfgeeh, # 9 Decl. of N. Fallah, # 10 Decl. of H. Ghasemzadeh, # 11 Decl. of E. Hassett, # 12 Decl. of A. Mubarez, # 13 Decl. of S. Parsian, # 14 Decl. of Z. Rasouli, # 15 Decl. of A. Shayegan, # 16 Decl. of J. Sime, # 17 Decl. of R. Branon, # 18 Decl. of A. Chaudhry, # 19 Decl. of D. Eaton, # 20 Decl. of D. Heatwole, # 21 Decl. of S. Hemmati, # 22 Decl. of R. Lewin, # 23 Decl. of A. Mehrizi-Sani, # 24 Decl. of V. Rabinowitz, # 25 Decl. of J. Riedinger, # 26 Decl. of V. Shah, # 27 Decl. of J. Wasserheit, # 28 Decl. of J. Wasserheit, # 29 Decl. of J. Wood, # 30 Decl. of N. Zimpher, # 31 Decl. of S. Buell, # 32 Decl. of R. Fullerton, # 33 Decl. of P. Johnson, # 34 Decl. of A. Lavine, # 35 Decl. of D. Pashman, # 36 Decl. of M. Rosenn, # 37 Decl. of M. Saunders, # 38 Decl. of J. Simeone, # 39 Decl. of D. Soike, # 40 Decl. of S. Topiwala, # 41 Decl. of J. Truppman, # 42 Decl. of R. Zawaideh, # 43 Decl. of M. Akhtari, # 44 Decl. of M. de Leon, # 45 Decl. of R. Eskandari, # 46 Decl. of T. Johnson, # 47 Decl. of E. Scherzer, # 48 Decl. of W. Berkovitz, # 49 Decl. of D. Duea, # 50 Decl. of L. Warren, # 51 Proposed Order) Noting Date 3/31/2017, (Melody, Colleen)

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DECLARATION OF MICHAL ROSENN 1 The Honorable James L. Robart 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 3 4 5 STATE OF WASHINGTON and STATE OF MINNESOTA, Plaintiffs, 6 7 8 9 10 11 12 DONALD TRUMP, in his official capacity as President of the United States; U.S. DEPARTMENT OF HOMELAND SECURITY; JOHN F. KELLY, in his official capacity as Secretary of the Department of Homeland Security; REX W. TILLERSON, in his official capacity as Acting Secretary of State; and the UNITED STATES OF AMERICA, 13 14 Defendants. Pursuant to 28 U.S.C. § 1746(2), I, Michal Rosenn, hereby declare as follows: 15 16 17 1. I am over the age of 18. I have personal knowledge of the matters stated herein, and if called as a witness, I could and would testify competently thereto. 2. 18 19 CIVIL ACTION NO. 2:17-cv-00141-JLR v. I am General Counsel of Kickstarter, PBC ("Kickstarter"). In that role, I oversee the legal team, managing all legal functions, and head all of Kickstarter's public policy efforts. 3. 20 Kickstarter is the world's largest funding platform for creative projects. More 21 than 12 million backers have pledged nearly $3 billion to projects on the site, helping to bring 22 more than 100,000 creative ideas to life. The artists, musicians, creators, entrepreneurs, and 23 24 25 26 filmmakers who use Kickstarter—and the backers who support them—hail from all over the world. 4. Kickstarter has been based in New York since its founding in 2009 and is 1 ATTORNEY GENERAL OF NEW YORK 120 Broadway New York, NY 10271-0332 1 headquartered in Brooklyn. It employs nearly 130 people, and its employees hail from all over 2 the United States and the world. 3 4 5 6 5. Kickstarter is a mission-driven company whose values are at its core. It is committed to diversity, to inclusivity, and to fighting inequality and discrimination. In 2015, Kickstarter reincorporated as a Public Benefit Corporation, enshrining in its articles of 7 incorporation its commitments to these values. Specifically, Kickstarter spelled out its 8 commitment to fighting systemic inequality, and its support of efforts that aim to end 9 prejudice. Also in 2015, Kickstarter launched a campaign at the White House's request and in 10 11 collaboration with the United Nations Human Rights Campaign ("UNHCR") to raise awareness and aid for Syrian refugees. The campaign inspired more than 25,000 people to 12 13 14 donate more than $1.7 million in direct aid. 6. The Revised Executive Order signed by President Trump on March 6, 2017, 15 "Protecting the Nation from Foreign Terrorist Entry into the United States" (the "Executive 16 Order") immediately and negatively impacts Kickstarter's employees, as well as employees' 17 friends, families, and spouses. 18 19 20 21 7. Kickstarter currently employs eleven individuals who are not citizens of the United States. Nine of these employees are in the United States on a visa, while two are employed abroad. The Administration’s shifting positions and the continued confusion as to 22 the scope of the Executive Order and its predecessor have resulted in Kickstarter’s non-U.S.- 23 citizen employees feeling unsure of their positions. These employees have expressed fear, 24 anxiety, and uncertainty regarding the stability of their immigration status and ability to travel 25 to and from the United States. 26 2 ATTORNEY GENERAL OF NEW YORK 120 Broadway New York, NY 10271-0332 1 2 3 4 5 6 8. Additionally, Kickstarter has grave concerns that the Executive Order will have a negative impact on its employees who are nationals of other majority Muslim nations not contained within the Executive Order, such as Bangladesh, Pakistan, or Turkey. Kickstarter currently employs one individual who is a national of such a nation. Kickstarter further anticipates that the Executive Order will have a negative impact on its ability to recruit and 7 retain highly skilled workers from both nations affected by the order and currently unaffected 8 Muslim-majority nations, as well as Muslim individuals from other countries (e.g., Belgium, 9 France, the United Kingdom). 10 11 9. Finally, Kickstarter frequently hosts events in New York and across the United States for its community of creators, who hail from across the country and the world. 12 13 14 Kickstarter anticipates that the Executive Order will impede travel to such events by creators who are from the nations included in the Executive Order, those from majority-Muslim nations 15 not included in the Executive order, and by Muslim creators from other nations. While 16 Kickstarter does not track its users’ religious identity, Kickstarter is currently aware of at least 17 50 users located in either one of the six nations impacted by the Executive Order or a Muslim- 18 majority nation and who have launched projects on the site. 19 20 21 22 23 24 I declare under penalty of perjury that the foregoing is true and correct. Executed on this 10th day of March, 2017 ________________________________________ Michal Rosenn 25 26 3 ATTORNEY GENERAL OF NEW YORK 120 Broadway New York, NY 10271-0332

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