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

Filing 192

JOINT STATUS REPORT signed by all parties Filed by Plaintiff State of Washington.(Melody, Colleen)

Case 2:17-cv-00141-JLR Document 192 Filed 07/06/17 Page 1 of 6

1

The Honorable James L. Robart

2
3
4
5
6
7

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

8
STATE OF WASHINGTON; STATE
9 OF CALIFORNIA; STATE OF
MARYLAND; COMMONWEALTH
10 OF MASSACHUSETTS; STATE OF
NEW YORK; and STATE OF
11 OREGON,
12
13

CIVIL ACTION NO. 2:17-cv-00141-JLR

Plaintiffs,
v.

JOINT STATUS REPORT

14 DONALD TRUMP, in his official
capacity as President of the United
15 States; U.S. DEPARTMENT OF
HOMELAND SECURITY; JOHN F.
16 KELLY, in his official capacity as
Secretary of the Department of
17 Homeland Security; REX W.
TILLERSON, in his official capacity
18 as Secretary of State; and the UNITED
STATES OF AMERICA,
19
Defendants.
20
21

I.

INTRODUCTION

22

Pursuant to a stipulation of the parties, the Court ordered the parties to file a joint status

23

report by July 6, 2017 on the continued appropriateness of the stay in this case. Stipulation and

24

Order to Extend Deadline for Submitting Joint Status Report, ECF No. 191 at 3. The parties

25

submit the following report in which they agree that it is appropriate for a stay to remain in

26
JOINT STATUS REPORT

1

ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue, Suite 2000
Seattle, WA 98104-3188
[phone]

Case 2:17-cv-00141-JLR Document 192 Filed 07/06/17 Page 2 of 6

1

place until the conclusion of Supreme Court proceedings in Trump v. Hawai‘i and Trump v.

2

International Refugee Assistance Project.

3

II.

RELEVANT PROCEDURAL HISTORY

4

The State of Washington filed this suit on January 30, 2017, challenging Executive

5

Order 13769. Complaint ¶ 1, ECF No. 1. On March 9, the Court granted the State of Oregon’s

6

Motion to Intervene. ECF No. 112. On March 13, the States of California, Maryland,

7

New York, and the Commonwealth of Massachusetts joined the case and the Plaintiff States

8

amended their complaint to add challenges to Executive Order 13780. Second Amended

9

Complaint ¶¶ 3-4, ECF No. 152.

10

On March 15, the U.S. District Court for the District of Hawai‘i issued a temporary

11

restraining order (TRO) enjoining enforcement nationwide of Sections 2 and 6 of Executive

12

Order 13780. Hawai‘i v. Trump, No. 1:17-cv-00050-DKW-KSC (D. Haw. Mar. 15, 2017),

13

ECF No. 219. In light of the Hawai‘i ruling, this Court stayed a pending motion for TRO filed

14

by the Plaintiff States. See Order Staying Plaintiffs’ Mtn. for TRO, ECF No. 164. Two weeks

15

after issuing the TRO, the Hawai‘i court converted it into a preliminary injunction. See

16

Hawai‘i, No. 1:17-cv-00050 (D. Haw. Mar. 29, 2017), ECF No. 270.

17

The Defendants appealed the Hawai‘i preliminary injunction and sought to stay

18

proceedings in this case pending resolution of the Hawai‘i appeal. Def.’s Mtn. to Stay District

19

Ct. Proceedings Pending Resolution of Appeal in Hawaii v. Trump at 3, ECF No. 175. On May

20

17, this Court granted Defendants’ motion, stayed proceedings “pending the Ninth Circuit’s

21

resolution of the appeal in Hawaii v. Trump,” and ordered the parties “to file a joint status

22

report within ten days of the Ninth Circuit’s ruling so that the court may evaluate the continued

23

appropriateness of any stay at that time.” ECF No. 189 at 12.

24

The Ninth Circuit issued its opinion on June 12. Hawai‘i v. Trump, No. 17-15589, 2017

25

WL 2529640 (9th Cir. June 12, 2017) (per curiam). The Ninth Circuit affirmed the injunction

26
JOINT STATUS REPORT

2

ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue, Suite 2000
Seattle, WA 98104-3188
[phone]

Case 2:17-cv-00141-JLR Document 192 Filed 07/06/17 Page 3 of 6

1

in part and vacated it in part. Id. at *26-29 (affirming injunction, except as to provisions of the

2

Executive Order involving agency review procedures and as applied to the President).

3

The Defendants petitioned the Supreme Court for a writ of certiorari, applied for a stay

4

pending appeal, and requested that the Hawai‘i case be consolidated with Trump v.

5

International Refugee Assistance Project, 857 F.3d 554 (4th Cir. 2017) (en banc). To permit

6

the parties to be informed by the Supreme Court’s decisions on the certiorari petitions and stay

7

applications, the parties here agreed to an extension of time to submit their joint status report.

8

On June 26, the Supreme Court granted certiorari, granted the stay application in part,

9

and consolidated Trump v. Hawai‘i and Trump v. International Refugee Assistance Project.

10

Nos. 16-1436 (16A1190), 16-1540 (16A1191), 2017 WL 2722580 (U.S. June 26, 2017). The

11

cases will be heard during the first session October Term 2017. Id. at *5.

12

III.

STATUS REPORT

13

The parties agree that it is appropriate for a stay to remain in place until the conclusion

14

of Supreme Court proceedings in Hawai‘i and International Refugee Assistance Project. The

15

parties further agree that, should circumstances change such that lifting the stay is warranted,

16

any party may move to lift the stay.

17
18

DATED this 6th day of July, 2017.

19

Respectfully submitted,

20

BOB FERGUSON, WSBA #26004
Attorney General of Washington

21
22
23
24
25
26

CHAD A. READLER
Acting Assistant Attorney General

/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
JOINT STATUS REPORT

JENNIFER D. RICKETTS
Director, Federal Programs Branch
JOHN R. TYLER
Assistant Director, Federal Programs Branch
/s/ Michelle R. Bennett
MICHELLE R. BENNETT
3

_

ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue, Suite 2000
Seattle, WA 98104-3188
[phone]

Case 2:17-cv-00141-JLR Document 192 Filed 07/06/17 Page 4 of 6

1
2
3

Office of the Attorney General
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
[phone]
[e-mail]
[e-mail]

DANIEL SCHWEI
ARJUN GARG
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]

4
5
6
7
8

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

Attorneys for Defendants
9
10
11
12

_/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]

13
14
15
16
17
18
19
20
21
22
23

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]

24
25
26
JOINT STATUS REPORT

4

ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue, Suite 2000
Seattle, WA 98104-3188
[phone]

Case 2:17-cv-00141-JLR Document 192 Filed 07/06/17 Page 5 of 6

1

MAURA HEALEY
Attorney General of Massachusetts

2
3
4
5
6
7
8

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

9
10
11
12
13
14
15
16
17

ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
_/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]
ELLEN F. ROSENBLUM
Attorney General of Oregon

18
19
20
21
22

_/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]

____

23
24
25
26
JOINT STATUS REPORT

5

ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue, Suite 2000
Seattle, WA 98104-3188
[phone]

Case 2:17-cv-00141-JLR Document 192 Filed 07/06/17 Page 6 of 6

1
2

CERTIFICATE OF SERVICE
I hereby certify that on July 6, 2017, I electronically filed the foregoing Joint Status

3

Report using the Court’s CM/ECF system, causing a notice of filing to be served upon all

4

counsel of record.

5

Dated:

6

July 6, 2017
/s/Colleen Melody____

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
JOINT STATUS REPORT

6

ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue, Suite 2000
Seattle, WA 98104-3188
[phone]