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

Filing 56

JOINT STATUS REPORT signed by all parties (Melody, Colleen)

Download PDF
1 The Honorable James L. Robart 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 STATE OF WASHINGTON and 9 STATE OF MINNESOTA, 10 CIVIL ACTION NO. 2:17-cv-00141-JLR Plaintiffs, 11 v. JOINT STATUS REPORT 12 DONALD TRUMP, in his official capacity as President of the United 13 States; U.S. DEPARTMENT OF HOMELAND SECURITY; JOHN F. 14 KELLY, in his official capacity as Secretary of the Department of 15 Homeland Security; TOM SHANNON, in his official capacity as Acting 16 Secretary of State; and the UNITED STATES OF AMERICA, 17 Defendants. 18 19 Pursuant to the Court’s February 3, 2017 Order (ECF No. 52), the parties hereby 20 submit this joint status report, proposing a briefing schedule for Plaintiffs’ motion for 21 preliminary injunction. 22 schedule: The parties request that the Court enter the following briefing 23 Plaintiffs’ motion for preliminary injunction due by 11:59pm PST on February 9, 2017 24 Defendants’ opposition due by 11:59pm PST on February 15, 2017 25 Plaintiffs’ reply due by 11:59pm PST on February 17, 2017 26 JOINT STATUS REPORT 1 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 1 It is Defendants’ position that the Court lacks jurisdiction to decide Plaintiffs’ 2 forthcoming motion for preliminary injunction until the Ninth Circuit resolves Defendants’ 3 pending appeal of this Court’s February 3, 2017 Order. See Notice of Appeal, ECF No. 53; see 4 also Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982) (“The filing of a notice 5 of appeal is an event of jurisdictional significance—it confers jurisdiction on the court of 6 appeals and divests the district court of its control over those aspects of the case involved in the 7 appeal.”); Prudential Real Estate Affiliates, Inc. v. PPR Realty, Inc., 204 F.3d 867, 880 (9th 8 Cir. 2000) (explaining that a “district court lacks jurisdiction to modify an injunction once it 9 has been appealed except to maintain the status quo among the parties”); Flynt Distrib. Co. v. 10 Harvey, 734 F.2d 1389, 1392 n.1 (9th Cir. 1984) (“The district court had no jurisdiction to 11 ‘modify and supersede’ its order after the filing of the notice of appeal.”). Nevertheless, 12 pursuant to Federal Rule of Civil Procedure 62.1, the Court may defer considering Plaintiffs’ 13 forthcoming motion for preliminary injunction until after the Ninth Circuit has resolves 14 Defendants’ appeal or the Court may issue an indicative ruling, stating that it would deny 15 Plaintiffs’ motion for preliminary injunction if the Ninth Circuit remands for that purpose. See 16 Fed. R. Civ. P. 62.1(a)(1), (3). Defendants, therefore, believe it is appropriate for the parties to 17 proceed with briefing on plaintiffs’ motion for preliminary injunction despite Defendants’ 18 pending appeal. 19 The jurisdictional position above is not shared by Plaintiffs. Plaintiffs intend to bring a 20 preliminary injunction motion pursuant to Federal Rule of Civil Procedure 65(a) and do not 21 agree that the temporary restraining order issued by the Court on February 3, 2017, is an 22 “injunction” for purposes of the cases cited above. Plaintiffs agree on the briefing schedule set 23 out above for a preliminary injunction motion. 24 25 For these reasons, the parties respectfully request that the Court enter the briefing schedule set forth above. 26 JOINT STATUS REPORT 2 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 1 DATED this 6th day of February, 2017. 2 Respectfully submitted, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 CHAD A. READLER Acting Assistant Attorney General /s/ Colleen Melody__________ Bob Ferguson, WSBA #26004 Attorney General Noah G. Purcell, WSBA #43492 Solicitor General Colleen M. Melody, WSBA #42275 Civil Rights Unit Chief JOSEPH H. HUNT Director, Federal Programs Branch JOHN R. TYLER Assistant Director, Federal Programs Branch /s/ Michelle R. Bennett MICHELLE R. BENNETT ERIC SOSKIN DANIEL SCHWEI ARJUN GARG Trial Attorneys U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW Washington, DC 20530 Tel: (202) 305-8902 Fax: (202) 616-8470 Email: michelle.bennett@usdoj.gov arjun.garg@usdoj.gov Anne E. Egeler, WSBA #20258 Deputy Solicitor 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 (206) 464-7744 Noahp@atg.wa.gov LORI SWANSON Attorney General State of Minnesota Attorneys for Defendants 17 18 19 20 21 22 23 24 25 26 JOINT STATUS REPORT 3 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 1 CERTIFICATE OF SERVICE 2 3 I hereby certify that on February 6, 2017, I electronically filed the foregoing Opposition 4 to Plaintiff’s Motion for Temporary Restraining Order using the Court’s CM/ECF system, 5 causing a notice of filing to be served upon all counsel of record. 6 Dated: 7 February 6, 2017 /s/Colleen Melody____ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JOINT STATUS REPORT 4 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?