United States District Court, W.D. Washington
JOHN DOE, et at. Plaintiffs,
DONALD TRUMP, in his official capacity as President of the United States, et at, Defendants.
ROHRBACK L.L.P. Lynn Lincoln Sarko, Tana Lin, Amy
Williams-Derry, Derek W. Loeser, Alison S. Gaffiiey, Laurie
B. Ashton, Alison Chase, Attorneys for Plaintiffs/Cooperating
Attorneys for the American Civil Liberties Union Of
A. READLER Acting Assistant Attorney General, JENNIFER D.
RICKETTS Director, Federal Programs Branch, JOHN R. TYLER
Assistant Director, Federal Programs Branch, MICHELLE R.
BENNETT Trial Attorney U.S. Department of Justice Attorneys
AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION
Attorney for Plaintiffs
STIPULATION AND [PROPOSED]
ORDER TO STAY PROCEEDINGS.
L. ROBART United States District Judge.
to the Court's May 22, 2017, Order to Show Cause, Dkt. #
32, Plaintiffs and Defendants, through their respective
undersigned counsel, hereby stipulate and agree as follows:
Plaintiffs challenge Executive Order 13, 780, titled
"Protecting the Nation from Foreign Terrorist Entry into
the United States" ("E02"). See 82
Fed. Reg. 13, 209 (Mar.. 6, 2017). Plaintiffs have filed a
Second Amended Class Action Complaint for Declaratory and
Injunctive Relief contesting the legality of E02, Dkt, # 30,
as well as a Motion for Class Certification, Dkt. #19.
Pursuant to earlier Stipulations and Orders, Defendants'
response to the Second Amended Complaint is currently due on
June 1, 2017 and their response to Plaintiffs' class
certification motion is currently due fourteen days after the
Ninth Circuit's ruling in. Hawai'i v. Trump,
No. 17-50 (D. Haw.). See Diet. #s 18, 29.
May 17, 2017, and May 22, 2017, respectively, the Court
entered orders staying the proceedings in Washington v.
Trump, No. 17-141JLR (W.D. Wash.), Dkt. # 189, and
AH v. Trump, No. 17-135JLR (W.D. Wash.), Dkt, # 95,
pending resolution of the appeal in Hawai'i v. Trump
(Hawai'i), No. 17-15589 (9th Cir.). The Court
further ordered the parties to file a joint status report
within ten days of the Ninth Circuit's ruling in.
Hawaii so that the Court could evaluate the continued
appropriateness of the stay at that time. The Court also
noted that any party may move to lift the stay should
circumstances change such that lifting the stay is warranted.
light of the Court's orders staying the proceedings in
Washington and Ali, Plaintiffs and
Defendants agree that a similar stay is appropriate in this
case. Accordingly, the parties stipulate and agree as
a. Proceedings in this case (including Defendants'
deadlines to respond to the Second Amended Complaint and
class certification motion) shall be stayed pending the Ninth
Circuit's resolution of the appeal in Hawaii v.
b. The parties shall file a joint status report within ten
days of the Ninth Circuit's ruling in Hawaii so
that the Court may evaluate the continued appropriateness of
a stay at that time.
c. Should circumstances change such that lifting the stay is
warranted, any party may move to lift the stay, For example,
if the Ninth Circuit lifts or narrows the preliminary
injunction in Hawaii, Plaintiffs may seek to lift
the stay for the purpose of filing a motion for temporary
restraining order or preliminary injunction.
d. As the Court noted in Washington, Diet. # 189 at
8-9, Plaintiffs may send preservation letters to third
parties to notify them of the litigation and request that
they preserve any potentially relevant evidence. If
Plaintiffs do not believe that sending such letters will
resolve the issue of third-party evidentiary preservation,
Plaintiffs may move for a limited modification of the stay
order to allow Plaintiffs to issue subpoenas to third
parties. If any such motion is granted, the Court would then
stay any required production under or response to the
subpoenas until such time as the stay is fully lifted.
IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs
and Defendants, subject to the Court's approval, that:
Proceedings in this case (including Defendants' deadlines
to respond to the Second Amended Complaint and class
certification motion) are stayed pending the Ninth