United States District Court, W.D. Washington, Seattle
John Doe, Jack Doe, Jason Doe, Joseph Doe and James Doe, individually, and on behalf of all others similarly situated; the Episcopal Diocese of Olympia, and the Council on American Islamic Relations-Washington, Plaintiffs,
Donald Trump, President of The United States; U.S. Department of State; Rex Tillerson, Secretary of State; U.S. Department of Homeland Security; John Kelly, Secretary of Homeland Security; U.S. Customs and B Protection; Kevin McAleenan, Acting Commissioner of U.S. Customs and Border Protection; and Michele James, Field Director of the Seattle Field Office of U.S. Customs and Border Protection, Defendants.
ROHRBACK L.L.P., Lynn Lincoln Sarko, Tana Lin, Amy
Williams-Perry, Derek W. Loeser, Alison S. Gafmey Lynn
Lincoln Sarko, WSBA # 16569 Tana Lin, WSBA# 35271 Amy
Williams-Derry, WSBA #28711 Derek W. Loeser, WSBA # 24274
Alison S. Gafmey, WSBA #45565, Laurie B, Ashton Laurie B.
Ashton (Pro Hac Vice), Alison Chase Alison Chase (Pro Hac
Vice), Attorn eys for Plaintiffs/Cooperating Attorneys for
the American Civil Liberties Union Of Washington Foundation
READLER Acting Assistant Attorney General
JENNIFER D. RICKETTS Director, Federal Programs Branch
R. TYLER Assistant Director, Federal Programs Branch Michelle
MICHELLE R. BENNETT Senior Trial Counsel U.S. Department of
Justice Civil Division, Federal Programs Branch, Attorneys
AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION,
Emily Chiang Emily Chiang, WSBA #50517, Attorney for
STIPULATION AND [PROPOSED]
ORDER TO LIFT STAY OF PROCEEDINGS AND PERMIT PLAINTIFFS TO
FILE A THIRD AMENDED COMPLAINT
L. ROBART, United States District Judge
Honorable James L. Robart Plaintiffs and Defendants, through
their respective undersigned counsel, hereby state the
Plaintiffs currently have pending a Second Amended Class
Action Complaint for Declaratory and Injunctive Relief
contesting Executive Order 13, 780, titled "Protecting
the Nation from Foreign Terrorist Entry into the United
States" ("EO-2"), see 82 Fed. Reg.
13, 209 (Mar. 6, 2017), which this Court previously stayed on
May 30, 2017, pursuant to a stipulation of the parties. ECF
2. In a
joint status report to the Court dated July 14, 2017, the
parties agreed that in light of the proceedings in the
Supreme Court in two other cases challenging EO-2, the stay
of the case should remain in place, The parties also agreed
that "should circumstances change such that lifting the
stay is warranted, any party may move to lift the stay."
ECF No. 38.
October 10, 2017, the Supreme Court dismissed IRAP
as moot and directed the Fourth Circuit to vacate its opinion
because there was no longer a live controversy as the only
section of EO-2 enjoined in IRAP had "expired
by its own terms on September 24, 2017." Trump v.
IRAP, ___ S. Q. ___, No. 16-1436, 2017 WL
4518553 (U.S. Oct. 10, 2017). Similarly, on October 24, 2017,
the Supreme Court dismissed Hawaii as moot and
directed the Ninth Circuit to vacate its opinion as the
"provisions of the Order have 'expired by [their]
own terms."' Trump v. Hawaii, ___ S.Ct.
___, No. 16-1540, 2017 WL 4782860, at *1 (U.S. Oct.
September 24, 2017, the President issued a Presidential
Proclamation titled "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)
October 17, 2017, the District Courts of Hawaii and Maryland
issued orders prelhninarily enjoining certain provisions of
the Proclamation nationwide. Hawaii v. Trump, ___
F.Supp.3d ___, No, 17-00050, 2017 WL 4639560 (D.
Haw. Oct. 17, 2017) (granting TRO); Int'l
Refugee Assistance Project v. Trump, ___ F.Supp.3d
___, Nos. 18-0361, 17-2921, 17-2629 (D. Md. Oct 17,
2017) (granting preliminary injunction); see Hawaii v.
Trump, No. 1:17-cv-00Q50-DKW-KSC, ECF No. 390 (D. Haw.
Oct. 20, 2017) (converting TRO into preliminary injunction).
October 23, 2017, the Secretary of State, Acting Secretary of
Homeland Security, and Director of National Intelligence
issued a Memorandum to the President titled "Resuming
the United States Refugee Admissions Program with Enhanced
Vetting Capabilities" ("October 23 Agency
Memo"). On October 24, 2017, the President issued
Executive Order 13, 815, titled "Resuming the United
States Refugee Admissions Program with Enhanced Vetting