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

Filing 206

STIPULATION AND PROPOSED ORDER to Extend Deadline for Defendants to Respond to Third Amended Complaint by parties (Bennett, Michelle)

Case 2:17-cv-00141-JLR Document 206 Filed 10/26/17 Page 1 of 6

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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; ELAINE C. DUKE, in her
official capacity as Acting Secretary 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 DEFENDANTS TO RESPOND
TO THIRD AMENDED COMPLAINT

v.

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

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Noted For Consideration:
October 26, 2017

Defendants.

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Pursuant to Local Rule 10(g), Plaintiffs and Defendants, through their respective
undersigned counsel, hereby stipulate and agree as follows:
1.

Plaintiffs amended their complaint on October 16, 2017 to challenge

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Proclamation No. 9645, Enhancing Vetting Capabilities and Processes for Detecting Attempted
Entry Into the United States by Terrorists or Other Public-Safety Threats, 82 Fed. Reg. 45,161
(Sept. 27, 2017). See Third Am. Compl., ECF No. 198. Absent an extension of time,
STIPULATION AND [PROPOSED] ORDER TO EXTEND
DEADLINE FOR DEFENDANTS TO RESPOND TO
THIRD AMENDED COMPLAINT - 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]

Case 2:17-cv-00141-JLR Document 206 Filed 10/26/17 Page 2 of 6

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Defendants’ response to the Third Amended Complaint is due on October 30, 2017. See Fed. R.

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Civ. P. 15(a)(3).

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2.

On October 11, 2017, Plaintiffs filed a Motion for Temporary Restraining Order

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(“TRO”), asking the Court to temporarily enjoin certain provisions of the Proclamation. See
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ECF No. 195. The Court subsequently entered a schedule for briefing the motion. See ECF No.

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197. Pursuant to that schedule, Defendants filed their opposition to Plaintiffs’ TRO motion on

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October 23, 2017. See ECF No. 205. Plaintiffs’ reply in support of their TRO motion is due on

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October 26, 2017, and the Court has set a hearing on the motion for October 30, 2017. See ECF

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No. 197. Following receipt of the briefing and hearing schedule, Plaintiffs requested that the
Court treat their motion for a TRO as a motion for preliminary injunction. ECF No. 200.

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3.

The parties agree that Defendants’ deadline to respond to the Third Amended

Complaint should be extended until after the Court resolves Plaintiffs’ TRO motion and any
subsequent motion for preliminary injunction.
Accordingly, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs
and Defendants, subject to the Court’s approval, that:
A.

Defendants’ deadline to respond to the Third Amended Complaint shall be

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extended until 14 days after the Court enters an order resolving both Plaintiffs’ TRO motion and
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any subsequent preliminary injunction motion.

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STIPULATION AND [PROPOSED] ORDER TO EXTEND
DEADLINE FOR DEFENDANTS TO RESPOND TO
THIRD AMENDED COMPLAINT - 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]

Case 2:17-cv-00141-JLR Document 206 Filed 10/26/17 Page 3 of 6

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Dated this 26th day of October, 2017.

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Presented by:

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BOB FERGUSON, WSBA #26004
Attorney General of Washington

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/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
[phone]
[e-mail]
[e-mail]
XAVIER BECERRA
Attorney General of California

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ANGELA SIERRA
Senior Assistant Attorney General
THOMAS S. PATTERSON
Senior Assistant Attorney General
TAMAR PACHTER
Supervising Deputy Attorney General
ENRIQUE A. MONAGAS
Deputy Attorney General

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
Senior Trial Counsel
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

/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]
E-mail:
[e-mail]

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BRIAN E. FROSH
Attorney General of Maryland

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_/s/ Robert A. Scott _____ ______ __
STIPULATION AND [PROPOSED] ORDER TO EXTEND
DEADLINE FOR DEFENDANTS TO RESPOND TO
THIRD AMENDED COMPLAINT - 3
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]

Case 2:17-cv-00141-JLR Document 206 Filed 10/26/17 Page 4 of 6

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STEVEN M. SULLIVAN
Solicitor General
Federal Bar No. 24930
ROBERT A. SCOTT
Assistant Attorney General
Federal Bar No. 24613
Office of the Attorney General of Maryland
200 St. Paul Place, 20th Floor
Baltimore, Maryland 21202
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
MAURA HEALEY
Attorney General of Massachusetts

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_/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]

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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

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_/s/ Scott J. Kaplan
SCOTT J. KAPLAN, WSBA #49377

____

STIPULATION AND [PROPOSED] ORDER TO EXTEND
DEADLINE FOR DEFENDANTS TO RESPOND TO
THIRD AMENDED COMPLAINT - 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]

Case 2:17-cv-00141-JLR Document 206 Filed 10/26/17 Page 5 of 6

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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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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated____________________

_________________________________

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JAMES L. ROBART
United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO EXTEND
DEADLINE FOR DEFENDANTS TO RESPOND TO
THIRD AMENDED COMPLAINT - 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]

Case 2:17-cv-00141-JLR Document 206 Filed 10/26/17 Page 6 of 6

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CERTIFICATE OF SERVICE

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I hereby certify that, on October 26, 2017, a copy of the foregoing document was

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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 26th day of October, 2017.

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/s/ Michelle R. Bennett
MICHELLE R. BENNETT

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STIPULATION AND [PROPOSED] ORDER TO EXTEND
DEADLINE FOR DEFENDANTS TO RESPOND TO
THIRD AMENDED COMPLAINT - 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]