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Doe v. Trump

United States District Court, W.D. Washington, Seattle

November 2, 2017

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,
v.
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, [1]Defendants.

          KELLER 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

          CHAD A READLER Acting Assistant Attorney General

          JENNIFER D. RICKETTS Director, Federal Programs Branch

          JOHN R. TYLER Assistant Director, Federal Programs Branch Michelle R, Bennett

          MICHELLE R. BENNETT Senior Trial Counsel U.S. Department of Justice Civil Division, Federal Programs Branch, Attorneys for Defendants

          AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION, Emily Chiang Emily Chiang, WSBA #50517, Attorney for Plaintiffs

          STIPULATION AND [PROPOSED] ORDER TO LIFT STAY OF PROCEEDINGS AND PERMIT PLAINTIFFS TO FILE A THIRD AMENDED COMPLAINT

          JAMES L. ROBART, United States District Judge

         The Honorable James L. Robart Plaintiffs and Defendants, through their respective undersigned counsel, hereby state the following:

         1. 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 No. 34.

         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.

         3. On 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. 24, 2017).

         4. On 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) ("Proclamation").

         5. On 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).

         6. On 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 ...


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