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

Filing 190

STIPULATION AND PROPOSED ORDER to Extend Deadline for Submitting Joint Status Report by parties (Bennett, Michelle)

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The Honorable James L. Robart

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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STATE OF WASHINGTON; STATE OF
CALIFORNIA; STATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; STATE OF NEW
YORK; and STATE OF OREGON,
Plaintiffs,

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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 Secretary of State; and
the UNITED STATES OF AMERICA,

STIPULATION AND [PROPOSED]
ORDER TO EXTEND DEADLINE
FOR SUBMITTING JOINT STATUS
REPORT

v.

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No. 2:17-cv-00141 (JLR)

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Noted For Consideration:
June 22, 2017

Defendants.

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Pursuant to the Court’s May 17, 2017 Order Granting Motion for Stay, Dkt. # 189,
Plaintiffs and Defendants, through their respective undersigned counsel, hereby stipulate and
agree as follows:

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1.

Plaintiffs challenge Executive Order 13,769 and 13,780, each titled “Protecting

the Nation from Foreign Terrorist Entry into the United States.” See 82 Fed. Reg. 8,977 (Feb.
1, 2017); 82 Fed. Reg. 13,209 (Mar. 6, 2017). On May 17, 2017, the Court entered an Order

STIPULATION AND [PROPOSED] ORDER TO EXTEND
DEADLINE FOR SUBMITTING JOINT STATUS REPORT - 1
State of Washington, et al. v. Trump, et al., No. 2:17-cv-00141 (JLR)

U.S. DEPARTMENT OF JUSTICE
Civil Division, Federal Programs Branch
20 Massachusetts Ave., NW
Washington, DC 20530
Tel: [phone]

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staying proceedings in this case pending the Ninth Circuit’s resolution of the appeal in Hawaii

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v. Trump, No. 17-15589 (9th Cir.). See Order Granting Motion for Stay, Dkt. # 189. The Court

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further ordered the parties to file a joint status report within ten days of the Ninth Circuit’s ruling

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in Hawaii so that the Court could evaluate the continued appropriateness of a stay at that time.
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2.

On June 12, 2017, the Ninth Circuit issued its decision in Hawaii, affirming in

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part and vacating in part the district court’s entry of a preliminary injunction against enforcement

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of Sections 2 and 6 of the Executive Order. See Hawaii v. Trump, No. 17-15589, 2017 WL

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2529640 (9th Cir. June 12, 2017). The Ninth Circuit overturned certain portions of the injunction

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involving internal-review procedures, and vacated the injunction to the extent it ran against the
President, but it upheld the remainder based on statutory grounds. Accordingly, the parties’ joint

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status report is currently due on June 22, 2017.
3.

On May 25, 2017, the Fourth Circuit issued a decision in International Refugee

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Assistance Project v. Trump, 857 F.3d 554 (4th Cir. 2017) (en banc), affirming a preliminary

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injunction against enforcement of Section 2(c) of the Executive Order on Establishment Clause

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grounds.

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4.

Defendants have sought Supreme Court review of the courts of appeals decisions

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in both Hawaii and IRAP. In particular, Defendants have asked the Supreme Court to grant
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certiorari in both cases so that they may be considered together and to stay the preliminary

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injunctions in both cases pending disposition of the petitions for writ of certiorari and any further

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proceedings in the Supreme Court. See Hawaii, No. 16A-1191 (filed June 1, 2017); IRAP, No.

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16-1436 (filed June 1, 2017); IRAP, No. 16A-1190 (filed June 1, 2017). Defendants also

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requested expedited briefing on and consideration of their petitions for writ of certiorari so that

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STIPULATION AND [PROPOSED] ORDER TO EXTEND
DEADLINE FOR SUBMITTING JOINT STATUS REPORT - 2
State of Washington, et al. v. Trump, et al., No. 2:17-cv-00141 (JLR)

U.S. DEPARTMENT OF JUSTICE
Civil Division, Federal Programs Branch
20 Massachusetts Ave., NW
Washington, DC 20530
Tel: [phone]

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the petitions could be considered before the Supreme Court adjourns for the summer and, if the

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Supreme Court grants review, merits briefing could be completed by the beginning of next Term.

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Pursuant to the schedules set by the Supreme Court, the certiorari petitions and stay applications

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were fully briefed on June 21, 2017.
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5.

To permit the parties to be informed by any decision(s) by the Supreme Court on

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the certiorari petitions and stay applications in Hawaii and IRAP before filing a joint status report

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on the continued appropriateness of the stay in this case, the parties stipulate and agree to an

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extension of time for submission of their joint status report. The parties shall file a joint status

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report on the continued appropriateness of the stay by July 6, 2017.
Accordingly, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs

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and Defendants, subject to the Court’s approval, that:
A.

The parties shall file a joint status report on the continued appropriateness of the

stay in this case by July 6, 2017.
Dated this 22nd day of June, 2017.
Presented by:
BOB FERGUSON, WSBA #26004
Attorney General of Washington
/s/ Colleen M. Melody
NOAH G. PURCELL, WSBA #43492
Solicitor General
COLLEEN M. MELODY, WSBA #42275
Civil Rights Unit Chief
ANNE E. EGELER, WSBA #20258
Deputy Solicitor General
MARSHA CHIEN, WSBA #47020
PATRICIO A. MARQUEZ, WSBA #47693
Assistant Attorneys General
Office of the Attorney General
800 Fifth Avenue, Suite 2000
Seattle, WA 98104

STIPULATION AND [PROPOSED] ORDER TO EXTEND
DEADLINE FOR SUBMITTING JOINT STATUS REPORT - 3
State of Washington, et al. v. Trump, et al., No. 2:17-cv-00141 (JLR)

CHAD A. READLER
Acting Assistant Attorney General
JENNIFER D. RICKETTS
Director, Federal Programs Branch
JOHN R. TYLER
Assistant Director, Federal Programs
Branch
/s/ Michelle R. Bennett
MICHELLE R. BENNETT
DANIEL SCHWEI
ARJUN GARG

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U.S. DEPARTMENT OF JUSTICE
Civil Division, Federal Programs Branch
20 Massachusetts Ave., NW
Washington, DC 20530
Tel: [phone]

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[phone]
[e-mail]
[e-mail]
XAVIER BECERRA
Attorney General of California
Angela Sierra
Senior Assistant Attorney General
Douglas J. Woods
Senior Assistant Attorney General
Tamar Pachter
Supervising Deputy Attorney General

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_/s/ Alexandra Robert Gordon________
Alexandra Robert Gordon
Deputy Attorney General
Office of the Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Email: [e-mail]

BRAD P. ROSENBERG
Trial Attorneys
U.S. Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, NW
Washington, DC 20530
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendants

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BRIAN E. FROSH
Attorney General of Maryland
_/s/ Robert A. Scott _____ ______ __
STEVEN M. SULLIVAN
Solicitor General
Federal Bar No. 24930
ROBERT A. SCOTT
Assistant Attorney General
Federal Bar No. 24613
MEGHAN K. CASEY
Assistant Attorney General
Federal Bar No. 28958
Office of the Attorney General of Maryland
200 St. Paul Place, 20th Floor
Baltimore, Maryland 21202
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

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MAURA HEALEY
Attorney General of Massachusetts

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_/s/ Genevieve C. Nadeau
ELIZABETH N. DEWAR

STIPULATION AND [PROPOSED] ORDER TO EXTEND
DEADLINE FOR SUBMITTING JOINT STATUS REPORT - 4
State of Washington, et al. v. Trump, et al., No. 2:17-cv-00141 (JLR)

U.S. DEPARTMENT OF JUSTICE
Civil Division, Federal Programs Branch
20 Massachusetts Ave., NW
Washington, DC 20530
Tel: [phone]

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State Solicitor
GENEVIEVE C. NADEAU
Chief, Civil Rights Division
JESSE M. BOODOO
Assistant Attorney General
One Ashburton Place
Boston, MA 02108
617-727-2200
[e-mail]
[e-mail]
[e-mail]
ERIC T. SCHNEIDERMAN
Attorney General of the State of New York

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_/s/ Lourdes M. Rosado_____________
LOURDES M. ROSADO
Bureau Chief, Civil Rights Bureau
SANIA W. KHAN
Assistant Attorney General
Office of the New York State Attorney
General
120 Broadway
New York, New York 10271
[phone]
[e-mail]

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ELLEN F. ROSENBLUM
Attorney General of Oregon
_/s/ Scott J. Kaplan
SCOTT J. KAPLAN, WSBA #49377
Senior Assistant Attorney General
Oregon Department of Justice
100 Market Street
Portland, OR 97201
971-673-1880
[e-mail]

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Attorneys for Plaintiff

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STIPULATION AND [PROPOSED] ORDER TO EXTEND
DEADLINE FOR SUBMITTING JOINT STATUS REPORT - 5
State of Washington, et al. v. Trump, et al., No. 2:17-cv-00141 (JLR)

U.S. DEPARTMENT OF JUSTICE
Civil Division, Federal Programs Branch
20 Massachusetts Ave., NW
Washington, DC 20530
Tel: [phone]

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated____________________

_________________________________
JAMES L. ROBART
United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO EXTEND
DEADLINE FOR SUBMITTING JOINT STATUS REPORT - 6
State of Washington, et al. v. Trump, et al., No. 2:17-cv-00141 (JLR)

U.S. DEPARTMENT OF JUSTICE
Civil Division, Federal Programs Branch
20 Massachusetts Ave., NW
Washington, DC 20530
Tel: [phone]

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CERTIFICATE OF SERVICE
I hereby certify that, on June 22, 2017, a copy of the foregoing document was
electronically filed with the Clerk of the Court using the CM/ECF system which will send
notification of such filing to all counsel of record.
DATED this 22nd day of June, 2017.

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/s/ Michelle R. Bennett
MICHELLE R. BENNETT

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STIPULATION AND [PROPOSED] ORDER TO EXTEND
DEADLINE FOR SUBMITTING JOINT STATUS REPORT - 7
State of Washington, et al. v. Trump, et al., No. 2:17-cv-00141 (JLR)

U.S. DEPARTMENT OF JUSTICE
Civil Division, Federal Programs Branch
20 Massachusetts Ave., NW
Washington, DC 20530
Tel: [phone]