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

Filing 56

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

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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 and
9 STATE OF MINNESOTA,
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CIVIL ACTION NO. 2:17-cv-00141-JLR

Plaintiffs,

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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,
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Defendants.
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Pursuant to the Court’s February 3, 2017 Order (ECF No. 52), the parties hereby

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submit this joint status report, proposing a briefing schedule for Plaintiffs’ motion for

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preliminary injunction.

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schedule:

The parties request that the Court enter the following briefing

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Plaintiffs’ motion for preliminary injunction due by 11:59pm PST on February 9, 2017

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Defendants’ opposition due by 11:59pm PST on February 15, 2017

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Plaintiffs’ reply due by 11:59pm PST on February 17, 2017

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JOINT STATUS REPORT

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

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It is Defendants’ position that the Court lacks jurisdiction to decide Plaintiffs’

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forthcoming motion for preliminary injunction until the Ninth Circuit resolves Defendants’

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pending appeal of this Court’s February 3, 2017 Order. See Notice of Appeal, ECF No. 53; see

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also Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982) (“The filing of a notice

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of appeal is an event of jurisdictional significance—it confers jurisdiction on the court of

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appeals and divests the district court of its control over those aspects of the case involved in the

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appeal.”); Prudential Real Estate Affiliates, Inc. v. PPR Realty, Inc., 204 F.3d 867, 880 (9th

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Cir. 2000) (explaining that a “district court lacks jurisdiction to modify an injunction once it

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has been appealed except to maintain the status quo among the parties”); Flynt Distrib. Co. v.

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Harvey, 734 F.2d 1389, 1392 n.1 (9th Cir. 1984) (“The district court had no jurisdiction to

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‘modify and supersede’ its order after the filing of the notice of appeal.”). Nevertheless,

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pursuant to Federal Rule of Civil Procedure 62.1, the Court may defer considering Plaintiffs’

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forthcoming motion for preliminary injunction until after the Ninth Circuit has resolves

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Defendants’ appeal or the Court may issue an indicative ruling, stating that it would deny

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Plaintiffs’ motion for preliminary injunction if the Ninth Circuit remands for that purpose. See

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Fed. R. Civ. P. 62.1(a)(1), (3). Defendants, therefore, believe it is appropriate for the parties to

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proceed with briefing on plaintiffs’ motion for preliminary injunction despite Defendants’

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pending appeal.

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The jurisdictional position above is not shared by Plaintiffs. Plaintiffs intend to bring a

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preliminary injunction motion pursuant to Federal Rule of Civil Procedure 65(a) and do not

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agree that the temporary restraining order issued by the Court on February 3, 2017, is an

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“injunction” for purposes of the cases cited above. Plaintiffs agree on the briefing schedule set

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out above for a preliminary injunction motion.

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For these reasons, the parties respectfully request that the Court enter the briefing
schedule set forth above.

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JOINT STATUS REPORT

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

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DATED this 6th day of February, 2017.

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Respectfully submitted,

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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: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

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
[phone]
[e-mail]
LORI SWANSON
Attorney General
State of Minnesota

Attorneys for Defendants

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JOINT STATUS REPORT

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

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CERTIFICATE OF SERVICE

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I hereby certify that on February 6, 2017, I electronically filed the foregoing Opposition

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to Plaintiff’s Motion for Temporary Restraining Order using the Court’s CM/ECF system,

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causing a notice of filing to be served upon all counsel of record.

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Dated:
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February 6, 2017
/s/Colleen Melody____

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JOINT STATUS REPORT

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