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State v. Trump

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

October 16, 2019

STATE OF WASHINGTON, Plaintiff,
v.
DONALD J. TRUMP, in his official capacity as President of the United States of America, et al. Defendants.

          ROBERT W. FERGUSON Attorney General.

          MARTHA RODRIGUEZ LOPEZ, ANDREW R.W. HUGHES, BRENDAN SELBY, Assistant Attorneys General, TERA HEINTZ, WSBA, Attorneys for Plaintiff.

          JOSEPH H. HUNT Assistant Attorney General.

          JAMES M. BURNHAM Deputy Assistant Attorney General.

          ANDREW I. WARDEN, MICHAEL J. GERARDI KATHRYN C. DAVIS LESLIE COOPER VIGEN RACHAEL L. WESTMORELAND Trial Attorneys United States Department of Justice Civil Division, Federal Programs, Attorneys for Defendants.

          STIPULATED ORDER ESTABLISHING BRIEFING SCHEDULE FOR EXPEDITED RESOLUTION OF THIS CASE AND PROHIBITING DEFENDANTS' OBLIGATION OF FUNDS AUTHORIZED TO BE APPROPRIATED FOR NAVAL BASE KITSAP PRIOR TO A DECISION BY THIS COURT

          Barbara Jacobs Rothstein U.S. District Court Judge.

         WHEREAS the State of Washington has filed this suit to enjoin Defendants' use of funds authorized to be appropriated by Congress for military construction projects, including $88.96 million in funding for construction of the Bangor Pier and Maintenance facility at Naval Base Kitsap (see John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, § 2201, 132 Stat. 1636 (2018));

         WHEREAS the Department of Defense does not intend to obligate any portion of the $88.96 million authorized to be appropriated by Congress for the Bangor Pier and Maintenance Facility prior to February 1, 2020;

         WHEREAS the parties wish to avoid any motion practice aimed at ensuring that the funds authorized to be appropriated for the Bangor Pier and Maintenance Facility remain unobligated during the pendency of this litigation;

         WHEREAS the parties agree this case can be resolved on an expedited basis prior to February 1, 2020, through cross-motions for summary judgment and have agreed to a schedule to enable the Court to issue a final judgment prior to that date;

         WHEREAS in order to avoid litigation over a motion for a preliminary injunction and other pretrial proceedings that would not further the interests of either party or judicial resources, the parties respectfully request the Court issue a decision on the cross-motions for summary judgement on or before February 1, 2020; and

         WHEREAS the parties' consent to this Stipulation is conditioned on receiving a final decision in this matter on or before February 1, 2020. In the event the Court has concerns with this proposed schedule or the parties' request for a decision before February 1, 2020, in order to avoid preliminary injunction proceedings, the parties are available for a telephone status conference at the Court's convenience to discuss scheduling in this case:

         IT IS HEREBY STIPULATED by the parties, through their undersigned counsel, that this Court should enter an order providing that:

         1. Defendants are prohibited from obligating, using, or otherwise placing beyond the limits of judicial process any portion of the $88.96 million authorized to be appropriated by Congress for the Bangor Pier and Maintenance Facility prior to ...


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