State of Washington, et al., v. Trump., et al
The State of Washington filed a complaint for declaratory and injunctive relief seeking to invalidate President Trump's executive order suspending immigrant and nonimmigrant entry into the United States from certain Muslim countries. The complaint alleged that the executive order violated the Fifth and First Amendments to the United States Constitution, as well as the Immigration and Naturalization Act, the Foreign Affairs Reform and Restructuring Act of 1998, the Religious Freedom Restoration Act and the Administrative Procedure Act.
| State of Washington, State of Oregon, State of California, State of Maryland, Commonwealth of Massachusetts and State of New York |
| Donald J. Trump, U.S. Department of Homeland Security, United States of America, Rex Tillerson and Elaine C. Duke |
| Americans United for Separation of Church and State, American Civil Liberties Union of Washington (ACLU), Service Employees International Union, Law Professors, Washington State Labor Council, Jewish Federation of Greater Seattle, Fred T. Korematsu Center for Law and Equality, Harry E. Ries, International Law Scholars and Nongovernmental Organizations, City of Chicago, New York University and American Center for Law & Justice |
| 2:2017cv00141 |
| January 30, 2017 |
| US District Court for the Western District of Washington |
| Seattle Office |
| King |
| James L. Robart |
| Other Civil Rights |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on July 9, 2018. A more recent docket listing may be available from PACER.
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| Filing 215 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Arjun Garg for Defendants Elaine C. Duke, John Kelly, Tom Shannon, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, United States of America. (Garg, Arjun) |
Filing 214
ORDER denying non-party Rick Satcher's 212 Motion for Reconsideration of the court's order denying him both intervention as of right and permissive intervention in this lawsuit. Signed by Judge James L. Robart. (PM) cc: Rick Satcher via first class mail
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| Filing 213 Mail Returned as Undeliverable (Not at this address) re: Motion for Leave to Intervene and copy of 174 Order Denying Motions to Intervene addressed to Rick Satcher. Clerk's note: Mr. Satcher is at Lewis County Jail. Clerk updated address on docket. (PM) Modified on 2/26/2018: documents re-mailed to Mr. Satcher at Lewis County Jail (PM). |
| Filing 212 MOTION for Reconsideration, filed by Movant Rick Satcher. Noted by Clerk for 2/16/2018. Clerk's note: Address updated to address on envelope although it appears as though Mr. Satcher is in Lewis County Jail. (PM) |
| Filing 211 Appeal Remark (17-35105) re 53 Notice of Appeal, Notice from Supreme Court of the United States (17-5424) The Court today entered the following order in the above entitled case: The petition for a writ of certiorari is denied. (SG) |
| Filing 210 NOTICE of Stricken TRO Motion hearing set for 10/30/2017. (AD) |
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Filing 209
ORDER Staying Decision of Plaintiffs' 195 Third Motion for Temporary Restraining Order; The court DIRECTS the Clerk to remove the motion from its calendar, signed by Judge James L. Robart. (SWT)
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| Filing 208 REPLY, filed by Plaintiffs Commonwealth of Massachusetts, State of California, State of Maryland, State of New York, State of Oregon, State of Washington, TO RESPONSE to 195 MOTION for Temporary Restraining Order (Melody, Colleen) |
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Filing 207
STIPULATION AND ORDER extending Defendants' deadline to respond to the Third Amended Complaint until 14 days after the Court enters an order resolving both Plaintiffs' TRO motion and any subsequent preliminary injunction motion. Signed by Judge James L. Robart. (PM)
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| Filing 206 STIPULATION AND PROPOSED ORDER to Extend Deadline for Defendants to Respond to Third Amended Complaint by parties (Bennett, Michelle) |
| Filing 205 RESPONSE, by Defendants Elaine C. Duke, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, United States of America, to 195 MOTION for Temporary Restraining Order . (Bennett, Michelle) |
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Filing 204
ORDER re 203 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Robert A Scott for Plaintiff State of Maryland, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Filing 203 APPLICATION OF ATTORNEY Robert A. Scott FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff State of Maryland (Fee Paid) Receipt No. 0981-5059914 (Chien, Marsha) |
| Filing 202 NOTICE of Lodging Additional Declarations re 198 Amended Complaint, ; filed by Plaintiffs Commonwealth of Massachusetts, State of California, State of Maryland, State of New York, State of Oregon, State of Washington. (Attachments: # 1 Updated Imdex of Declarations in Support of Third Amended Complaint, # 2 Decl of Negin Ingbrigtsen, # 3 2nd Decl of Sadaf Amin, # 4 Decl of Janet Billups, # 5 Decl of Janet Camp, # 6 Decl of Susan Capalbo, # 7 2nd Decl of Margaret Everett, # 8 Decl of Anke Schennink, # 9 2nd Decl of Lovely A. Warren, # 10 Decl of Wim Wiewel, # 11 Decl of Lydia Wood, # 12 Decl of Joseph E. Fahey, # 13 2nd Decl of Aaron O. Lavine, # 14 2nd Decl of Eric Scherzer, # 15 3rd Decl of Eric Scherzer)(Melody, Colleen) |
| Filing 201 NOTIFICATION REGARDING PROPOSED VIDEO RECORDING. All parties have consented to the video recording of the TRO hearing on 10/30/2017 at 1:30 p.m. Unless otherwise ordered by the presiding judge, the proceeding will be video recorded as part of the CAMERAS Pilot Project. (AD) |
| Filing 200 NOTICE re 195 MOTION for Temporary Restraining Order ; filed by Plaintiffs State of California, State of Maryland, State of Minnesota, State of Massachusetts, State of New York, State of Oregon, State of Washington. (Chien, Marsha) Modified on 10/17/2017: edited text to correct filer's name per phone call from counsel (PM). |
| NOTICE of Docket Text Modification re 200 Notice: edited text to correct filer's name from State of Minnesota to State of Massachusetts per phone call from counsel. (PM) |
| Filing 199 NOTICE REGARDING LACK OF PROPER SIGNATURE. The 198 Amended Complaint, filed on 10/16/2017 was improperly signed by Robert A. Scott, Meghan K. Casey, and Anisha Dasgupta. As such, one or more attorneys were not added to the case and will not receive future notices until corrected. Pursuant to FRCP Rule 11 and LCR 83.2(a), signatures must comply with Section III(L) of the Electronic Filing Procedures, which states, "An electronically filed pleading or other document which requires an attorney's signature must have the signors' names printed or typed on the line and under all signature lines." cc to counsel via ad hoc e-mail(KB) |
| Filing 198 Third AMENDED COMPLAINT against All Defendants, filed by State of Washington, State of California, State of Maryland, Commonwealth of Massachusetts, State of New York, State of Oregon.(Chien, Marsha) Modified docket text to include all filers' names on 10/16/2017 (SWT). |
| NOTICE of Docket Text Modification re 198 Amended Complaint, : Modified docket text to include all filers' names on 10/16/2017 (SWT). (SWT) |
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Filing 197
ORDER granting Plaintiffs' 193 Motion to Lift the Stay; granting the States' 194 Motion to amend the complaint. The court orders the States to file their proposed third amended complaint within 5 days of this order. The court schedules a hearing on Monday, October 30, 2017, at 1:30 p.m. PDT before Judge James L. Robart on the States' 195 Motion for Temporary Restraining. Briefing schedule for the States' motion for TRO is as follows: Defendants' response due 10/23/2017, at 12:00 noon PDT; States' reply due 10/26/2017. Signed by Judge James L. Robart. (PM)
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| Filing 196 NOTICE of Intent to Oppose Plaintiffs' Motion for Temporary Restraining Order ; filed by Defendants John Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, United States of America. (Bennett, Michelle) |
| Filing 195 MOTION for Temporary Restraining Order , filed by Plaintiffs Commonwealth of Massachusetts, State of California, State of Maryland, State of New York, State of Washington, Intervenor Plaintiff State of Oregon. Oral Argument Requested. (Attachments: # 1 Exhibit A, # 2 Proposed Order) Noting Date 10/16/2017, (Melody, Colleen) |
| Filing 194 MOTION for Leave to File Third Amended Complaint, filed by Plaintiffs Commonwealth of Massachusetts, State of California, State of Maryland, State of New York, State of Washington, Intervenor Plaintiff State of Oregon. (Attachments: # 1 Complaint 3rd Amended, # 2 Index of Exhibits, # 3 Index of Declarations, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Decl of Joint Former National Security Officials, # 19 Decl of Nima Ala, # 20 2nd Decl of Rabyaah Althaibani, # 21 Decl of Alireza Ayoubi, # 22 Decl of Shervin Beygi, # 23 Decl of Bahareh Bina, # 24 Decl of Ethan Devenport, # 25 Decl of Yasaman Esmaili, # 26 Decl of Mahdi Hajiaghayi, # 27 Decl of Mojdeh Jalali Heravi, # 28 Decl of Vahid Jazayeri, # 29 Decl of Mohammad Shafiei Khadem, # 30 Decl of Ahmad Moghaddam, # 31 Decl of Younes Nouri, # 32 Decl of Proshat Parsimoghadam, # 33 Decl of Emad Soroush, # 34 Decl of Tannaz Sattari Tabrizi, # 35 Decl of Seyed Danial Vaezi, # 36 Decl of Banafsheh Samareh Abolhasani, # 37 Decl of Armin Alaghi, # 38 Decl of Pegah Jalali Asheghabadi, # 39 3rd Decl of Rovy Branon, # 40 5th Decl of Asif Chaudhry, # 41 Decl of Maryam Dadkhahan, # 42 Decl of Jason Detwiler, # 43 2nd Decl of David Eaton, # 44 Decl of Kiana Ehsani, # 45 Decl of Ali Farhadi, # 46 Decl of Hoda Farhadi, # 47 Decl of Maryam Fayazi, # 48 Decl of Mohammad Ghaedi, # 49 Decl of Anne Greenbaum, # 50 Decl of Hannaneh Hajishirzi, # 51 2nd Decl of Deirdre Heatwole, # 52 Decl of Parisa Hosseinzadeh, # 53 Decl of Adam Mokhalalati, # 54 Decl of Shima Nofallah, # 55 4th Decl of Jeffrey Riedinger, # 56 Decl of Solmaz Shakerifard, # 57 Decl of Khadijeh Sheikhan, # 58 Decl of Ali Shojaie, # 59 Decl of Hema Yoganarasimhan, # 60 2nd Decl of Kathy Oline, # 61 2nd Decl of Dave Soike, # 62 2nd Decl of Rita Zawaideh, # 63 2nd Decl of Mitra Akhtari, # 64 2nd Decl of Melanie de Leon, # 65 Decl of Payam Fotouhiyehpour, # 66 2nd Decl of Marc Overbeck, # 67 2nd Decl of Sana Parsian, # 68 Decl of Sahar Z. Zangenah, # 69 2nd Decl of Dennis Galvan, # 70 Proposed Order) Noting Date 10/16/2017, (Melody, Colleen) |
| Filing 193 MOTION to Lift Stay of Proceedings, filed by Plaintiffs Commonwealth of Massachusetts, State of California, State of Maryland, State of New York, State of Washington, Intervenor Plaintiff State of Oregon. (Attachments: # 1 Proposed Order) Noting Date 10/16/2017, (Melody, Colleen) |
| Filing 192 JOINT STATUS REPORT signed by all parties Filed by Plaintiff State of Washington.(Melody, Colleen) |
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Filing 191
STIPULATION AND ORDER extending the deadline to file the Joint Status Report on the continued stay in this case. Joint Status Report due by 7/6/2017. Signed by Judge James L. Robart. (PM)
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| Filing 190 STIPULATION AND PROPOSED ORDER to Extend Deadline for Submitting Joint Status Report by parties (Bennett, Michelle) |
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Filing 189
ORDER granting Defendants' 175 Motion to Stay District Court Proceedings Pending Resolution of Appeal in Hawaii v. Trump. Should circumstances change such that lifting the stay is warranted, any party may move to lift the stay. Signed by Judge James L. Robart. (PM)
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Filing 188
ORDER denying Movant Lamar C. Chapman, III's 185 Motion for leave to appear as amicus curiae. Signed by Judge James L. Robart. (PM) cc: Chapman via the USPS
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Filing 187
ORDER by Judge James L Robart denying Movant Kareem Salessi's 186 Motion for Reconsideration. (PM) cc: Salessi via the USPS
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| Filing 186 MOTION for Reconsideration, filed by Movant Kareem Salessi. (SWT) |
| Filing 185 MOTION for Leave to Appear Amicus Curiae, filed by Movant Lamar C Chapman, III. (Attachments: # 1 Notice of Filing Motion for Leave to File Amicus Curiae, # 2 Proposed Amicus Brief, # 3 Notice of correspondence from USDC Eastern District of WA) Noted by Clerk for 5/12/2017. (PM) |
| Filing 184 REPLY, filed by Defendants John Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, United States of America, TO RESPONSE to 175 MOTION to Stay District Court Proceedings Pending Resolution of Appeal in Hawaii v. Trump (Bennett, Michelle) |
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Filing 183
ORDER granting in part and denying in part Defendants' 176 Motion for an extension of time to file a response to Plaintiffs' second amended complaint. Defendants response to the second amended complaint is now due seven (7) days after the court's disposition of Defendants' pending motion to stay the entire case. Signed by Judge James L. Robart. (PM)
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Filing 182
ORDER denying pro se movant Silver Cloud Musafir's 181 Motion for Reconsideration. Signed by Judge James L. Robart. (PM) cc: Musafir via the USPS
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| Filing 181 MOTION for Reconsideration re 90 Order Striking Amicus Curiae Brief, filed by Silver Cloud Musafir on behalf of Amicus Yamassee Mund Bareefan Nation. (SWT) |
| Filing 180 RESPONSE, by Plaintiffs Commonwealth of Massachusetts, State of California, State of Maryland, State of New York, State of Washington, Intervenor Plaintiff State of Oregon, to 175 MOTION to Stay District Court Proceedings Pending Resolution of Appeal in Hawaii v. Trump. (Melody, Colleen) |
| Filing 179 REPLY, filed by Defendants John Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, United States of America, TO RESPONSE to 176 MOTION for Extension of Time to Respond to Plaintiffs' Second Amended Complaint (Bennett, Michelle) |
| Filing 178 RESPONSE, by Plaintiffs Commonwealth of Massachusetts, State of California, State of Maryland, State of New York, State of Washington, Intervenor Plaintiff State of Oregon, to 176 MOTION for Extension of Time to Respond to Plaintiffs' Second Amended Complaint. (Melody, Colleen) |
| Filing 177 JOINT STATUS REPORT signed by all parties (Melody, Colleen) |
| Filing 176 MOTION for Extension of Time to Respond to Plaintiffs' Second Amended Complaint, filed by Defendants John Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, United States of America. (Attachments: # 1 Proposed Order) Noting Date 4/7/2017, (Bennett, Michelle) |
| Filing 175 MOTION to Stay District Court Proceedings Pending Resolution of Appeal in Hawaii v. Trump, filed by Defendants John Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, United States of America. (Attachments: # 1 Exhibit 1 - Bennett Declaration, # 2 Proposed Order) Noting Date 4/14/2017, (Bennett, Michelle) |
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Filing 174
ORDER DENYING MOTIONS TO INTERVENE by David A. Golden 121 , Kareem Salessi, Ann Dawson 167 and Rick Satcher 173 . Further, the court DIRECTS the Clerk to refrain from placing any future filings by any of these pro se litigants on the court's docket for this case, unless the filing is a motion for reconsideration or a notice of appeal of this order. Signed by Judge James L. Robart. (PM) cc: Golden, Salessi, Dawson, Satcher via the U.S. Mail
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| Filing 173 MOTION to Intervene, filed by Movant Rick Satcher. Noted by Clerk for 4/14/2017.(SWT) |
| Filing 172 MANDATE of USCA (17-35105) as to 53 Notice of Appeal, filed by U.S. Department of Homeland Security, John Kelly, United States of America, Tom Shannon, Donald J. Trump. The judgment of this Court, entered March 08, 2017, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41 (a) of the Federal Rules of Appellate Procedure. DISMISSED. (SG) |
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Filing 171
ORDER re 169 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jesse M. Boodoo for Plaintiff Commonwealth of Massachusetts, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 170
ORDER re 168 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Genevieve Nadeau for Plaintiff Commonwealth of Massachusetts, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Filing 169 APPLICATION OF ATTORNEY Jesse M. Boodoo FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Commonwealth of Massachusetts (Fee Paid) Receipt No. 0981-4817286 (Melody, Colleen) |
| Filing 168 APPLICATION OF ATTORNEY Genevieve C. Nadeau FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Commonwealth of Massachusetts (Fee Paid) Receipt No. 0981-4817269 (Melody, Colleen) |
| Filing 167 MOTION to Intervene, filed by Movant Ann Dawson (filing pro se). Noted by Clerk for 4/7/2017. (Filed as a motion per direction of chambers) (PM) |
| Filing 165 AMENDED ORDER of USCA (17-35106) as to 53 Notice of Appeal, filed by U.S. Department of Homeland Security, John Kelly, United States of America, Tom Shannon, Donald J. Trump. (SG) |
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Filing 164
ORDER staying the court's determination of Plaintiffs' 148 Motion for TRO. The court DIRECTS the Clerk to remove this motion from its calendar. Should circumstances change such that lifting the stay is warranted, either party may move to lift the stay. If the stay is lifted, the court will then rule on Plaintiffs' TRO motion, if appropriate, as soon as practicable. Signed by Judge James L. Robart. (PM)
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Filing 163
ORDER denying Plaintiff State of Washington's 119 emergency motion to enforce the court's preliminary injunction EO1 against Sections 2(c) and 6(a) of EO2. In addition, the court grants the various motions to file amicus curiae briefs (Dkt. ## 125 , 127 , 139 , 144 , 145 , 147 ), but denies one such motion 156 for the reasons stated in footnote one of this order. Signed by Judge James L. Robart. (PM) cc: Victor Williams via the USPS
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Filing 162
ORDER re 161 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Lourdes M. Rosado for Plaintiffs State of New York, and State of New York, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Filing 161 APPLICATION OF ATTORNEY Lourdes M. Rosado FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs State of New York, State of New York (Fee Paid) Receipt No. 0981-4807610 (Melody, Colleen) |
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Filing 160
ORDER re 149 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Elizabeth N. Dewar for Plaintiff Commonwealth of Massachusetts, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 159
ORDER re 143 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Steven Obus for Amicus New York University, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 158
ORDER re 142 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Tiffany M. Woo for Amicus New York University, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 157
ORDER re 140 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Terrance J Nolan for Amicus New York University, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Filing 156 MOTION for Leave to File a Brief Amicus Curiae, filed by Amicus Victor Williams (filing pro se). (PM) (Additional attachment(s) added on 3/16/2017: # 1 Amicus Curiae Brief) (PM). |
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Filing 155
ORDER re 138 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Seth D. Fiur for Amicus New York University, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 154
ORDER re 135 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Steven M Sullivan for State of Maryland, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 153
ORDER re 134 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Alexandra Robert Gordon for State of California, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Filing 152 SECOND AMENDED COMPLAINT against defendants John Kelly, Donald J. Trump, U.S. Department of Homeland Security, United States of America, Rex Tillerson, filed by State of Oregon, State of New York, State of Washington, State of California, Commonwealth of Massachusetts, State of Maryland. (Attachments: # 1 Exhibits) (AD) |
| NOTICE of Docket Text Modification re 156 MOTION for Leave to File Amicus Curiae Brief by Victor Williams; added Amicus Curiae Brief as an Attachment; Notice of Electronic Filing with Brief resent to all counsel. (PM) |
| Filing 166 MOTION to Intervene (Request for Judicial Notice of Facts and Documents), filed by Movant Kareem Salessi (filing pro se) Noted for 3/31/2017, per direction of chambers. (PM) |
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Filing 151
ORDER of USCA (17-35105) as to 53 Notice of Appeal, filed by U.S. Department of Homeland Security, John Kelly, United States of America, Tom Shannon, Donald J. Trump (SG)
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| Filing 150 MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Noah Purcell and Colleen Melody for St. of WA; appearing by phone: Scott Kalpan for St. of OR; Def Counsel: Chad Readler, Stacey Young; appearing by phone: Michelle Bennett; CR: Andrea Ramirez; Motion Hearing held on 3/15/2017. The court hears from counsel re: Plaintiffs' Motion for Leave to File Second Amended Complaint (Dkt # 118 ). For the reasons stated on the record, the motion is GRANTED. The Second Amended Complaint (Dkt. # 118-1) is now the operative complaint. The court hears from counsel re: the schedule of Plaintiffs' Emergency Motion for Temporary Restraining Order (Dkt. # 148 ), and takes the matter under advisement. (AD) |
| Filing 149 APPLICATION OF ATTORNEY Elizabeth N. Dewar FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Commonwealth of Massachusetts (Fee Paid) Receipt No. 0981-4806355 (Melody, Colleen) |
| Filing 148 Emergency MOTION for Temporary Restraining Order , filed by Plaintiff State of Washington. Oral Argument Requested. (Attachments: # 1 Declaration of N. Purcell, # 2 Proposed Order) Noting Date 3/15/2017, (Melody, Colleen) |
| Filing 147 MOTION for Leave to File Amicus Brief, filed by Amicus Washington State Labor Council. (Attachments: # 1 Exhibit, # 2 Johnson Declaration, # 3 Albright et al Declaration, # 4 Proposed Order) Noting Date 3/14/2017, (Barnard, Kathleen) |
| Filing 146 RESPONSE, by Defendants John Kelly, Tom Shannon, Donald J. Trump, U.S. Department of Homeland Security, United States of America, to 119 Emergency MOTION to Enforce Preliminary Injunction. (Bennett, Michelle) |
| Filing 145 MOTION for Leave to File Amicus Curiae Brief, filed by Amicus New York University. Noting Date 3/14/2017, (Smith, Catherine) |
| Filing 144 MOTION for Leave to file Brief of Amici Curiae and Brief of Amici Curiae, filed by Amicus City of Chicago. (Attachments: # 1 Exhibit Appendix) Noting Date 3/14/2017, (Solomon, Benna) |
| Filing 143 APPLICATION OF ATTORNEY Steven E. Obus FOR LEAVE TO APPEAR PRO HAC VICE for Amicus New York University (Fee Paid) Receipt No. 0981-4804778 (Smith, Catherine) |
| Filing 142 APPLICATION OF ATTORNEY Tiffany M. Woo FOR LEAVE TO APPEAR PRO HAC VICE for Amicus New York University (Fee Paid) Receipt No. 0981-4804769 (Smith, Catherine) |
| Filing 141 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by American Center for Law & Justice (Vander Wel, W.) |
| Filing 140 APPLICATION OF ATTORNEY Terrance J. Nolan FOR LEAVE TO APPEAR PRO HAC VICE for Amicus New York University (Fee Paid) Receipt No. 0981-4804753 (Smith, Catherine) |
| Filing 139 MOTION for Leave to File Brief Opposing Emergency Motion, filed by Amicus American Center for Law & Justice. (Attachments: # 1 Brief Opposing Motion, # 2 Proposed Order) Noting Date 3/14/2017, (Vander Wel, W.) |
| Filing 138 APPLICATION OF ATTORNEY Seth D. Fiur FOR LEAVE TO APPEAR PRO HAC VICE for Amicus New York University (Fee Paid) Receipt No. 0981-4804733 (Smith, Catherine) |
| Filing 137 NOTICE of Appearance by attorney Catherine Wright Smith on behalf of Amicus New York University. (Smith, Catherine) |
| Filing 136 NOTICE of Appearance by attorney Chad A. Readler on behalf of Defendants John Kelly, Tom Shannon, Donald J. Trump, U.S. Department of Homeland Security, United States of America. (Readler, Chad) |
| Filing 135 APPLICATION OF ATTORNEY Steven M. Sullivan FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff State of Maryland (Fee Paid) Receipt No. 0981-4803777 (Melody, Colleen) |
| Filing 134 APPLICATION OF ATTORNEY Alexandra Robert Gordon FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff State of California (Fee Paid) Receipt No. 0981-4803758 (Melody, Colleen) |
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Filing 133
ORDER re 130 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Benna Solomon for Amicus City of Chicago, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 132
ORDER re 124 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jonathan Hafetz for Amicus International Law Scholars and Nongovernmental Organizations, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 131
ORDER re 123 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Aaron X. Fellmeth for International Law Scholars and Nongovernmental Organizations, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Filing 130 APPLICATION OF ATTORNEY Benna Ruth Solomon FOR LEAVE TO APPEAR PRO HAC VICE for Amicus City of Chicago (Fee Paid) Receipt No. 0981-4803336 (Seu, Carlton) |
| Filing 129 NOTICE of Appearance by attorney Carlton Wm Seu on behalf of Amicus City of Chicago. (Seu, Carlton) |
| Attorney Michelle L. Maley added for International Law Scholars and Nongovernmental Organizations per 122 Notice of Appearance. (PM) |
| Filing 128 PROPOSED ORDER (Unsigned) re 123 Application for Leave to Appear Pro Hac Vice, 124 Application for Leave to Appear Pro Hac Vice (McMillan, Joseph) |
| Filing 127 MOTION to Shorten Time for Leave to File Amicus Curiae Brief in Support of Plaintiffs re 125 MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiffs' Emergency Motion , filed by Amicus International Law Scholars and Nongovernmental Organizations. (Attachments: # 1 Proposed Order) Noting Date 3/13/2017, (McMillan, Joseph) |
| Filing 126 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by International Law Scholars and Nongovernmental Organizations (McMillan, Joseph) |
| Filing 125 MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiffs' Emergency Motion, filed by Amicus International Law Scholars and Nongovernmental Organizations. (Attachments: # 1 Exhibit A, # 2 Proposed Order) Noting Date 3/13/2017, (McMillan, Joseph) |
| Filing 124 APPLICATION OF ATTORNEY Jonathan Hafetz FOR LEAVE TO APPEAR PRO HAC VICE for Amicus International Law Scholars and Nongovernmental Organizations (Fee Paid) Receipt No. 0981-4802954 (McMillan, Joseph) |
| Filing 123 APPLICATION OF ATTORNEY Aaron X. Fellmeth FOR LEAVE TO APPEAR PRO HAC VICE for Amicus International Law Scholars and Nongovernmental Organizations (Fee Paid) Receipt No. 0981-4802930 (McMillan, Joseph) |
| Filing 122 NOTICE of Appearance by attorney Joseph M McMillan on behalf of Amicus International Law Scholars and Nongovernmental Organizations. (McMillan, Joseph) |
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Filing 120
ORDER directing Defendants to file a response to Plaintiffs' 119 Emergency Motion to Enforce Preliminary Injunction. Response due no later than 4:30 p.m., Pacific Daylight Time, on March 14, 2017. The court will defer scheduling a hearing, if any, on Plaintiffs' emergency motion until after it has reviewed Defendants' response. Signed by Judge James L. Robart. (PM)
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| Filing 119 Emergency MOTION to Enforce Preliminary Injunction, filed by Plaintiff State of Washington. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 3/14/2017, (Melody, Colleen) |
| Filing 118 Second MOTION to Amend Complaint, filed by Plaintiff State of Washington. (Attachments: # 1 Complaint Second Amended, # 2 Exhibit Exhibits to Second Amended Complaint, # 3 Index of Declarations, # 4 Decl. of R. Althaibani, # 5 Decl. of S. Amin, # 6 Decl. of B. Callaghan, # 7 Decl. of S. Dadgari, # 8 Decl. of A. Elfgeeh, # 9 Decl. of N. Fallah, # 10 Decl. of H. Ghasemzadeh, # 11 Decl. of E. Hassett, # 12 Decl. of A. Mubarez, # 13 Decl. of S. Parsian, # 14 Decl. of Z. Rasouli, # 15 Decl. of A. Shayegan, # 16 Decl. of J. Sime, # 17 Decl. of R. Branon, # 18 Decl. of A. Chaudhry, # 19 Decl. of D. Eaton, # 20 Decl. of D. Heatwole, # 21 Decl. of S. Hemmati, # 22 Decl. of R. Lewin, # 23 Decl. of A. Mehrizi-Sani, # 24 Decl. of V. Rabinowitz, # 25 Decl. of J. Riedinger, # 26 Decl. of V. Shah, # 27 Decl. of J. Wasserheit, # 28 Decl. of J. Wasserheit, # 29 Decl. of J. Wood, # 30 Decl. of N. Zimpher, # 31 Decl. of S. Buell, # 32 Decl. of R. Fullerton, # 33 Decl. of P. Johnson, # 34 Decl. of A. Lavine, # 35 Decl. of D. Pashman, # 36 Decl. of M. Rosenn, # 37 Decl. of M. Saunders, # 38 Decl. of J. Simeone, # 39 Decl. of D. Soike, # 40 Decl. of S. Topiwala, # 41 Decl. of J. Truppman, # 42 Decl. of R. Zawaideh, # 43 Decl. of M. Akhtari, # 44 Decl. of M. de Leon, # 45 Decl. of R. Eskandari, # 46 Decl. of T. Johnson, # 47 Decl. of E. Scherzer, # 48 Decl. of W. Berkovitz, # 49 Decl. of D. Duea, # 50 Decl. of L. Warren, # 51 Proposed Order) Noting Date 3/31/2017, (Melody, Colleen) |
| Filing 121 MOTION to Intervene, filed by Movant David A Golden (filing pro se) (PM) |
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Filing 117
ORDER REGARDING DEFENDANTS' NOTICE OF THE FILING OF A NEW EXECUTIVE ORDER AND PLAINTIFFS' RESPONSE re 108 . Signed by Judge James L. Robart. (PM)
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Filing 116
ORDER denying Petitioner James J. O'Hagan's 110 Motion for Reconsideration. Signed by Judge James L. Robart. (PM) cc: James O'Hagan via the USPS
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Filing 115
ORDER denying Petitioner Mikki the Mime's 109 Motion for Reconsideration. Signed by Judge James L. Robart.(PM) cc: Joseph A. Camp and Mikki the Mime via the USPS
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| Filing 114 RESPONSE by Plaintiff State of Minnesota re 108 Notice-Other (Campion, Jacob) |
| Filing 113 RESPONSE by Plaintiff State of Washington re 108 Notice-Other Notice of Filing of Executive Order (Attachments: # 1 Declaration of N. Purcell, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J)(Melody, Colleen) |
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Filing 112
ORDER granting the State of Oregon's 94 Motion to Intervene. Signed by Judge James L. Robart. (PM)
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Filing 111
ORDER of USCA (17-35105) as to 53 Notice of Appeal, filed by U.S. Department of Homeland Security, John Kelly, United States of America, Tom Shannon, Donald J. Trump Appellants unopposed motion for voluntary dismissal of this appeal (Docket Entry No. 186) is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). By agreement of the parties, costs in the amount of $126.36 are taxed to appellants. DISMISSED (SG)
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| Filing 110 MOTION for Reconsideration re 83 Order on Motion to Intervene, filed by Intervenor Defendant James J O'Hagan (filing pro se). (PM) |
| Filing 108 NOTICE of Filing of Executive Order ; filed by Defendants John Kelly, Tom Shannon, Donald J. Trump, U.S. Department of Homeland Security, United States of America. (Attachments: # 1 Exhibit A)(Bennett, Michelle) |
| Filing 109 MOTION for Reconsideration re 91 Order on Motion to Intervene, filed by Intervenor Mikki the Mime (filing pro se). (PM) |
| Filing 107 MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Colleen Melody for State of WA, Jacob Campion for Stat of MN; Def Counsel: Michelle Bennett; CR: Nancy Bauer; Telephone Conference held on 2/28/2017 re: defendants' request to extend deadlines in the court's Order Regarding Initial Disclosures and Joint Status Report (Dkt. # 87 ). For the reasons stated on the record, the court grants the request. The deadlines are extended as follows: FRCP 26f Conference Deadline extended to 3/15/2017, Initial Disclosure Deadline extended to 3/29/2017, Joint Status Report due by 4/5/2017. (AD) |
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Filing 106
ORDER of USCA (17-35105) as to 53 Notice of Appeal, filed by U.S. Department of Homeland Security, John Kelly, United States of America, Tom Shannon, Donald J. Trump. Appellants motion to hold this appeal in abeyance is denied (Docket Entry No. 178). On our own motion, we extend the briefing schedule for this appeal. The opening brief is due March 10, 2017; the answering brief is due March 31, 2017; and the optional reply brief is due April 5, 2017. (SG)
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| Filing 105 PROPOSED ORDER (Unsigned) re 94 MOTION to Intervene Attorney Scott J Kaplan added to party State of Oregon(pty:pla) (Kaplan, Scott) |
| Filing 104 DECLARATION of Tobias Read in Support of State of Oregon's Motion to Intervene filed by Plaintiff State of Oregon re 94 MOTION to Intervene Attorney Scott J Kaplan added to party State of Oregon(pty:pla) (Kaplan, Scott) |
| Filing 103 DECLARATION of Ronald L. Adams in Support of State of Oregon's Motion to Intervene filed by Plaintiff State of Oregon re 94 MOTION to Intervene Attorney Scott J Kaplan added to party State of Oregon(pty:pla) (Kaplan, Scott) |
| Filing 102 DECLARATION of Richard Birkel in Support of State of Oregon's Motion to Intervene filed by Plaintiff State of Oregon re 94 MOTION to Intervene Attorney Scott J Kaplan added to party State of Oregon(pty:pla) (Kaplan, Scott) |
| Filing 101 DECLARATION of Margarett Everett in Support of State of Oregon's Motion to Intervene filed by Plaintiff State of Oregon re 94 MOTION to Intervene Attorney Scott J Kaplan added to party State of Oregon(pty:pla) (Kaplan, Scott) |
| Filing 100 DECLARATION of Marc Overbeck in Support of State of Oregon's Motion to Intervene filed by Plaintiff State of Oregon re 94 MOTION to Intervene Attorney Scott J Kaplan added to party State of Oregon(pty:pla) (Kaplan, Scott) |
| Filing 99 DECLARATION of Lee Po Cha in Support of State of Oregon's Motion to Intervene filed by Plaintiff State of Oregon re 94 MOTION to Intervene Attorney Scott J Kaplan added to party State of Oregon(pty:pla) (Kaplan, Scott) |
| Filing 98 DECLARATION of Janet Billups in Support of State of Oregon's Motion to Intervene filed by Plaintiff State of Oregon re 94 MOTION to Intervene Attorney Scott J Kaplan added to party State of Oregon(pty:pla) (Kaplan, Scott) |
| Filing 97 DECLARATION of Howard N. Kenyon in Support of State of Oregon's Motion to Intervene filed by Plaintiff State of Oregon re 94 MOTION to Intervene Attorney Scott J Kaplan added to party State of Oregon(pty:pla) (Kaplan, Scott) |
| Filing 96 DECLARATION of Dennis Galvan in Support of State of Oregon's Motion to Intervene filed by Plaintiff State of Oregon re 94 MOTION to Intervene Attorney Scott J Kaplan added to party State of Oregon(pty:pla) (Kaplan, Scott) |
| Filing 95 DECLARATION of David G. Ellis in Support of State of Oregon's Motion to Intervene filed by Plaintiff State of Oregon re 94 MOTION to Intervene Attorney Scott J Kaplan added to party State of Oregon(pty:pla) (Kaplan, Scott) |
| Filing 94 MOTION to Intervene Attorney Scott J Kaplan added to party State of Oregon(pty:pla), filed by Plaintiff State of Oregon. (Attachments: # 1 Exhibit 1 to State of Oregon's Motion to Intervene) Noting Date 3/17/2017, (Kaplan, Scott) |
| Filing 93 DECLARATION in Opposition to Position Taken by State of Washington and in Continued Representation by Washington Attorney General by Amicus Harry E. Ries (filing pro se) (swt) |
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Filing 92
ORDER of USCA (17-35105) as to 53 Notice of Appeal, filed by U.S. Department of Homeland Security, John Kelly, United States of America, Tom Shannon, Donald J. Trump. The United States has represented to the Court that the President intends to issue a new Executive Order and has urged the Court to hold its consideration of the case until the President issues the new Order. The United States has further represented that it will inform the Court of any new developments. En banc proceedings before this Court are stayed pending further Order of this Court. (SG)
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Filing 91
ORDER denying Mikki the Mime's 88 Motion to Intervene. Further, the court DIRECTS the Clerk to refrain from placing any future filings by Ms. Mime on the court's docket for this case, unless the filing is a motion for reconsideration or a notice of appeal of this order. Signed by Judge James L. Robart. (PM) cc: Mikki the Mime via the USPS
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Filing 90
ORDER striking 85 amicus brief filed by Silver Cloud Masufir. Mr. Masufir filed it in violation of the court's order regarding the filing the amicus curiae briefs. (Order (Dkt. # 84 ).) Mr. Masufir may re-file his brief if he does so in conformity with the court's order. Signed by Judge James L. Robart. (PM) cc: Silver Cloud Masufir with copy of Dkt. 84 , Order via the USPS
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Filing 89
ORDER by Judge James L. Robart striking James J. O'Hagan's additional documents 86 and directing the Clerk to refrain from placing any further filings of Mr. O'Hagan on the court's docket for this case, unless the filing is a motion for reconsideration of a notice of appeal of the court's order denying Mr. OHagan's motion to intervene. (PM) cc: O'Hagan via the USPS
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Filing 87
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge James L. Robart. Joint Status Report due by 3/22/2017, FRCP 26f Conference Deadline is 3/1/2017, Initial Disclosure Deadline is 3/15/2017. (AD)
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Filing 84
ORDER REGARDING THE FILING OF AMICUS CURIAE BRIEFS by Judge James L. Robart. (PM)
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Filing 83
ORDER by Judge James L. Robart denying James J. O'Hagan's 79 Motion to Intervene. (PM) cc: O'Hagan via the USPS
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| Filing 82 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of the telephone conference held on 2/13/2017 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nancy Bauer, nancy_bauer@wawd.uscourts.gov, 206-370-8506. Release of Transcript Restriction set for 5/15/2017, (NB) |
| Filing 81 NOTICE of Appearance by attorney Emily Chiang on behalf of Amicus American Civil Liberties Union of Washington (ACLU). (Chiang, Emily) |
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Filing 78
ORDER by Judge James L. Robart. The court concludes that the Ninth Circuit has construed the court's TRO (Dkt. # 52 ) as an appealable preliminary injunction and that further briefing or the submission of evidence concerning a preliminary injunction would not be appropriate in this court during the pendency of Defendants' appeal. However, the court ORDERS the parties to continue with other aspects of this litigation in accordance with the Federal Rules of Civil Procedure and this court's Local Civil Rules. If issues or motions subsequently arise that either party believes are inextricably bound up with the injunctive order, the court will address those motions or issues on a case-by-case basis in accordance with the case law set forth above. Finally, the court VACATES the briefing schedule set forth in its February 7, 2017, order (Dkt. # 57 ). (PM)
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| Filing 88 MOTION to Intervene, filed by Intervenor Mikki the Mime (filing pro se). (Attachments: # 1 Cover Letter) (PM) |
| Filing 86 NOTICE OF REAL PARTY OF INTEREST JOINING OR INTERVENING AND NOTICE OF COUNTER CLAIM FOR DAMAGES filed by Intervenor Defendant James J O'Hagan (filing pro se). (Attachments: # 1 Brief of Real Party of Interest James O'Hagan, # 2 Declaration of Process Server) (PM) |
| Filing 85 STRICKEN PER ORDER, DKT. 90 AMICUS CURIAE BRIEF in response to Judge Robart's TRO by Amicus Parties Northern Cheyenne Nation, Yamassee Mund Bareefan Nation, Sec Am Tek Tek Tribe, Washitaw Nation (PM) Modified on 2/16/2017 to indicate this document is stricken. (PM). |
| Filing 80 MEMORANDUM/DECLARATION filed by Intervenor Defendant James J O'Hagan re 79 MOTION to Intervene (filing pro se). (PM) |
| Filing 77 MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Colleen Melody for State of WA; Alan Gilbert and Jacob Campion for State of MN; Def Counsel: Michelle Bennett; CR: Nancy Bauer; Telephone Conference held on 2/13/2017. The court hears from counsel re: Plaintiffs' Memorandum (Dkt. # 75 ) and Defendants' Memorandum (Dkt. # 76 ). An oral ruling is made by the court with a written order to follow. (AD) |
| Filing 76 MEMORANDUM re 74 Minute Order,,,,,,,, Set/Reset Hearings,,,,,,, by Defendants John Kelly, Tom Shannon, Donald J. Trump, U.S. Department of Homeland Security, United States of America (Bennett, Michelle) |
| Filing 75 MEMORANDUM Re: NInth Circuit Construal of TRO as Preliminary Injunction by Plaintiffs State of Minnesota, State of Washington (Melody, Colleen) |
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Filing 74
MINUTE ORDER by Judge James L. Robart. At Defendants' request, the court held a telephone conference concerning the Order Regarding the State of Washington's February 9, 2017, Letter ("Order"). (Order (Dkt. # 71 ).) Colleen M. Melody of the Washington State Attorney General's Office appeared on behalf of Plaintiffs. Michelle R. Bennett of the United States Department of Justice, Civil Division of Federal Programs, appeared on behalf of Defendants. During the telephone conference, Defendants asked the court for additional time to respond to the court's Order. The court heard from counsel for both Plaintiffs and Defendants on this issue. The court GRANTS Defendants' request and MODIFIES its Order as follows: (1) Plaintiffs and Defendants shall each file a separate memorandum no later than 12:00 p.m., Pacific Standard Time ("PST") on Monday, February 13, 2017. (2) Each side's memorandum shall discuss whether the Ninth Circuit has construed the court's temporary restraining order ("TRO") (TRO (Dkt. # 52 )) as a preliminary injunction, such that additional briefing and possible evidence on a motion for preliminary injunction is no longer required in the district court, see Washington v. Trump, No. 17-35105, slip op. at 7-8, Dkt. # 134 (9th Cir. 2017) ("[W]e believe... that the TRO should be considered to have the qualities of a reviewable preliminary injunction."); or whether the parties should submit additional briefing and evidence in the district court concerning the issue of a preliminary injunction, see Fed. R. Civ. P. 65(b)(3). (3) The parties shall limit the length of their memoranda to eight pages. (4) The court RESCHEDULES the telephonic hearing previously set at 11:00 a.m., PST, on Monday, February 13, 2017 (see Order at 2), to 3:00 p.m., PST, on Monday, February 13, 2017. (AD)
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Filing 73
ORDER of USCA (17-35105) as to 53 Notice of Appeal, filed by U.S. Department of Homeland Security, John Kelly, United States of America, Tom Shannon, Donald J. Trump. A judge on this Court has made a sua sponte request that a vote be taken as to whether the order issued by the three judge motions panel on February 9, 2017, should be reconsidered en banc. A sua sponte en banc call having been made, the parties are instructed to file simultaneous briefs setting forth their respective positions on whether this matter should be reconsidered en banc. The briefs should be filed on or before 11:00 a.m., Pacific time, on Thursday, February 16. The supplemental briefs shall be filed electronically and consist of no more than 14,000 words. See General Order 5.4(c)(3). (RE)
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| Filing 72 The telephone conference scheduled for Monday, February 13, 2017, at 11:00 a.m. PST will be conducted in Courtroom 14106 before Judge James L. Robart. (AD) |
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Filing 71
ORDER REGARDING THE STATE OF WASHINGTON'S FEBRUARY 9, 2017, LETTER dkt 70 ; the parties are directed to submit a joint status report no later than Sunday, 2/12/17 at 11:59pm, Pacific Standard Time. The court also schedules a telephone conference on Monday, 2/13/2017 at 11:00 AM, PST, to discuss the parties' JSR by Judge James L. Robart. (RS)
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| Filing 79 MOTION to Intervene and Notice of Counter Claim for Damages, filed by Intervenor Defendant James J O'Hagan (filing pro se). (PM) |
| Filing 70 LETTER from Plaintiffs re Briefing (Purcell, Noah) |
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Filing 69
ORDER of USCA (17-35105) as to 53 Notice of Appeal, filed by U.S. Department of Homeland Security, John Kelly, United States of America, Tom Shannon, Donald J. Trump. The motions for leave to file amicus curiae briefs, to file a substitute or amended amicus curiae brief, and for an extension of time to file an amicus curiae brief, are granted. (SG)
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Filing 68
ORDER of USCA (17-35105) as to 53 Notice of Appeal, filed by U.S. Department of Homeland Security, John Kelly, United States of America, Tom Shannon, Donald J. Trump. For The foregoing reasons, the emergency motion for a stay pending appeal is DENIED.(SG)
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| Filing 67 AFFIDAVIT A. Chaudhry filed by Plaintiff State of Washington (Melody, Colleen) |
| Filing 66 AFFIDAVIT R. Branon filed by Plaintiff State of Washington (Melody, Colleen) |
| Filing 65 NOTICE of Appearance by attorney Robert Seungchul Chang on behalf of Amicus Fred T. Korematsu Center for Law and Equality. (Chang, Robert) |
| Filing 64 NOTICE of Appearance by attorney Melissa R Lee on behalf of Amicus Fred T. Korematsu Center for Law and Equality. (Lee, Melissa) |
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Filing 63
ORDER re 58 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Alan I. Gilbert for State of Minnesota, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Filing 62 NOTICE of Appearance by attorney John R Tyler on behalf of Defendants John Kelly, Tom Shannon, Donald J. Trump, U.S. Department of Homeland Security, United States of America. (Tyler, John) |
| Filing 58 APPLICATION OF ATTORNEY Alan Isaac Gilbert FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff State of Minnesota (Fee Paid) Receipt No. 0981-4759158 (Campion, Jacob) |
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Filing 57
ORDER ON BRIEFING SCHEDULE FOR PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION; plaintiffs shall file their motion for preliminary injunction no later than 11:59pm Pacific Standard Time on 2/9/17; defendants shall file their opposition to plaintiffs' motion no later than 11:59pm PST on 2/15/17; plaintiffs to file their reply in support of their motion no later than 11:59pm PST on 2/17/17 by Judge James L. Robart. (RS) Modified on 2/7/2017 to cc Ninth Circuit. (RE)
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Filing 61
ORDER of USCA (17-35105) as to 53 Notice of Appeal, filed by U.S. Department of Homeland Security, John Kelly, United States of America, Tom Shannon, Donald J. Trump. (SG)
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| Filing 56 JOINT STATUS REPORT signed by all parties (Melody, Colleen) |
| Filing 55 NOTICE of Appearance by attorney Matthew Phineas Bergman on behalf of Plaintiff Jewish Federation of Greater Seattle. (Bergman, Matthew) |
| Filing 54 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for TRO held on 2/3/2017 before Judge James L. Robart.<p>Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.<p>Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at <a href= http://www.wawd.uscourts.gov target=_blank>www.wawd.uscourts.gov</a>.<p>To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504.<p> Release of Transcript Restriction set for 5/8/2017, (DZ) |
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Filing 60
ORDER of USCA (17-35105) as to 53 Notice of Appeal, filed by U.S. Department of Homeland Security, John Kelly, United States of America, Tom Shannon, Donald J. Trump. (SG)
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| Filing 59 TIME SCHEDULE ORDER (17-35105) as to 53 Notice of Appeal filed by U.S. Department of Homeland Security, John Kelly, United States of America, Tom Shannon, Donald J. Trump. (SG) |
| Filing 53 NOTICE OF APPEAL to Ninth Circuit (17-35105) re 52 Temporary Restraining Order by Defendants John Kelly, Tom Shannon, Donald J. Trump, U.S. Department of Homeland Security, United States of America. (Bennett, Michelle) Modified on 2/7/2017 - Add Ninth Circuit Court of Appeals case number (SG). |
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Filing 52
TEMPORARY RESTRAINING ORDER by Judge James L. Robart. (AD)
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| Filing 51 MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Noah Purcell, Colleen Melody, Jacob Campion; Def Counsel: Michelle Bennett, John Tyler; CR: Debbie Zurn; TRO Hearing held on 2/3/2017. Opening remarks from the court. The court grants the following motions: Motion for Leave to File Amicus Curiae Brief filed by ACLU (Dkt. # 26 ); Motion for Leave to File Amicus Curiae Brief filed by Service Employees International Union (Dkt. # 42 ); Motion for Leave to File Amicus Curiae Brief filed by Amicus Law Professors (Dkt. # 45 ); Motion for Leave to File Amicus Curiae Brief filed by Washington State Labor Council (Dkt. # 46 ); Motion for Leave to File Amicus Curiae Brief filed by Americans United for Separation of Church and State (Dkt. # 48 ). The court hears from counsel re: Plaintiffs State of Washington and State of Minnesota's Emergency Motion for Temporary Restraining Order (Dkt. # 3 ) and Plaintiffs' Amendment to Motion for Temporary Restraining Order (Dkt. # 19 ). For the reasons stated on the record, the court grants Plaintiffs' Emergency Motion for Temporary Restraining Order. A written order will follow. (AD) |
| Attorney Claire Loebs Davis,Tiffany Scott Connors,Jessica Walder for Law Professors added; per 44 Notice-Other. (PS) |
| Filing 50 RESPONSE, by Defendants John F. Kelly, Tom Shannon, Donald J. Trump, U.S. Department of Homeland Security, United States of America, to 3 Emergency MOTION for Temporary Restraining Order . (Attachments: # 1 Exhibit A - Authoritative Guidance)(Bennett, Michelle) |
| Filing 49 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Americans United for Separation of Church and State (Silverman, Kristin) |
| Filing 48 MOTION for Leave to File Amicus Curiae Brief, filed by Amicus Americans United for Separation of Church and State. (Attachments: # 1 Proposed Order, # 2 Exhibit) Noting Date 2/2/2017, (Silverman, Kristin) |
| Filing 47 DECLARATION of Jeff Johnson filed by Amicus Washington State Labor Council re 46 MOTION for Leave to File Amicus Brief (Robbins, Jennifer) |
| Filing 46 MOTION for Leave to File Amicus Brief, filed by Amicus Washington State Labor Council. (Attachments: # 1 Exhibit A, # 2 Proposed Order) Noting Date 2/2/2017, (Robbins, Jennifer) |
| Filing 45 MOTION for Leave to File Amicus Curiae Brief, filed by Amicus Law Professors. (Attachments: # 1 Exhibit A) Noting Date 2/2/2017, (Davis, Claire) |
| Filing 44 NOTICE of Appearance ; filed by Amicus Law Professors. (Davis, Claire) |
| Filing 43 DECLARATION of Trisha Pande filed by Amicus Service Employees International Union re 42 MOTION for Leave to File Service Employees Internationsl Union's Motion for Leave to File Amicus Curiae Brief (Berman, Steve) |
| Filing 42 MOTION for Leave to File Service Employees Internationsl Union's Motion for Leave to File Amicus Curiae Brief, filed by Amicus Service Employees International Union. (Attachments: # 1 Proposed Order, # 2 Exhibit A (SEIU's Amicus Brief)) Noting Date 2/2/2017, (Berman, Steve) |
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Filing 41
ORDER re 40 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jacob Campion for State of Minnesota, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(vb)
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| Filing 40 APPLICATION OF ATTORNEY Jacob Campion FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff State of Washington (Fee Paid) Receipt No. 0981-4756187 (Purcell, Noah) |
| Filing 39 NOTICE of Appearance by attorney Andrew M Volk on behalf of Amicus Service Employees International Union. (Volk, Andrew) |
| Filing 38 NOTICE of Appearance by attorney Steve W. Berman on behalf of Amicus Service Employees International Union. (Berman, Steve) |
| Filing 37 NOTIFICATION REGARDING PROPOSED VIDEO RECORDING. All parties have consented to the video recording of the TRO hearing on 2/3/2017 at 2:30 p.m. Unless otherwise ordered by the presiding judge, the proceeding will be video recorded as part of the CAMERAS Pilot Project. (AD) |
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Filing 36
ORDER re 30 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Andrew Nellis for Americans United For Church and State, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(JEM)
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Filing 35
ORDER re 29 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Kelly M Percival for Americans United For Church and State, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(JEM)
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Filing 34
ORDER re 28 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Eric Rothschild for Americans United For Church and State, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(JEM)
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| Filing 33 Second DECLARATION of Emily Chiang filed by Amicus American Civil Liberties Union of Washington (ACLU) re 26 MOTION for Leave to File Amicus Curiae Brief (Lawrence, Paul) |
| Filing 32 PROPOSED ORDER (Unsigned) re 26 MOTION for Leave to File Amicus Curiae Brief (Lawrence, Paul) |
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Filing 31
ORDER re 27 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Bradley Girard for Americans United For Church and State, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA)
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| Filing 30 APPLICATION OF ATTORNEY Andrew Nellis FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Americans United For Church and State (Fee Paid) Receipt No. 0981-4755570 (Calfo, Angelo) |
| Filing 29 APPLICATION OF ATTORNEY Kelly M. Percival FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Americans United For Church and State (Fee Paid) Receipt No. 0981-4755561 (Calfo, Angelo) |
| Filing 28 APPLICATION OF ATTORNEY Eric Rothschild FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Americans United For Church and State (Fee Paid) Receipt No. 0981-4755537 (Calfo, Angelo) |
| Filing 27 APPLICATION OF ATTORNEY Bradley Girard FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Americans United For Church and State (Fee Paid) Receipt No. 0981-4755401 (Calfo, Angelo) |
| Filing 26 MOTION for Leave to File Amicus Curiae Brief, filed by Amicus American Civil Liberties Union of Washington (ACLU). (Attachments: # 1 Exhibit A) Noting Date 2/2/2017, (Lawrence, Paul) |
| Filing 25 NOTICE of Appearance by attorney Paul J Lawrence on behalf of Amicus American Civil Liberties Union of Washington (ACLU). (Lawrence, Paul) |
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Filing 24
ORDER re 23 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Richard B Katskee for Americans United For Church and State, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA)
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| Filing 23 APPLICATION OF ATTORNEY Richard B. Katskee FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Americans United For Church and State (Fee Paid) Receipt No. 0981-4754982 (Silverman, Kristin) |
| Filing 22 NOTICE of Appearance by attorney Kristin W Silverman on behalf of Amicus Americans United For Church and State. (Silverman, Kristin) |
| Filing 21 NOTICE of Appearance by attorney Arjun Garg on behalf of Defendants John F. Kelly, Tom Shannon, Donald J. Trump, U.S. Department of Homeland Security, United States of America. (Garg, Arjun) |
| Filing 20 NOTICE of Appearance by attorney Michelle R. Bennett on behalf of Defendants John F. Kelly, Tom Shannon, Donald J. Trump, U.S. Department of Homeland Security, United States of America. (Bennett, Michelle) |
| Attorney Kymberly K. Evanson for American Civil Liberties Union of Washington (ACLU) added; per 25 Notice of Appearance. (vb) |
| Attorney Angelo J Calfo for Americans United For Church and State added; per 22 Notice of Appearance. (vb) |
| Filing 19 AMENDMENT TO TEMPORARY RESTRAINING ORDER to 3 Emergency MOTION for Temporary Restraining Order by Plaintiffs State of Minnesota, State of Washington (Attachments: # 1 Citation Notice of Amended Citations)(Purcell, Noah) |
| Filing 18 AMENDED COMPLAINT against defendant(s) All Defendants, filed by State of Washington. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit)(Purcell, Noah) |
| Filing 17 SUPPLEMENT BRIEF RE STANDING by Plaintiff State of Washington (Attachments: # 1 Exhibit Declaration of Kathy Oline, # 2 Exhibit Second Declaration of Jeffrey Riedinger, # 3 Exhibit Declaration of John Boesenberg, # 4 Exhibit Second Declaration of Asif Chaudhry, # 5 Exhibit Declaration of David Schumacher, # 6 Exhibit Declaration of Jennifer Strus)(Purcell, Noah) |
| Filing 16 NOTICE of Appearance by attorney Marsha J. Chien on behalf of Plaintiff State of Washington. (Attachments: # 1 Certificate of Service)(Chien, Marsha) |
| Filing 15 NOTICE of Appearance by attorney Patricio A. Marquez on behalf of Plaintiff State of Washington. (Attachments: # 1 Certificate of Service)(Marquez, Patricio) |
| Filing 14 NOTICE of Appearance by attorney Anne Elizabeth Egeler on behalf of Plaintiff State of Washington. (Attachments: # 1 Certificate of Service)(Egeler, Anne) |
| Filing 13 AFFIDAVIT of Mailing of Summons and Complaint to Defendants on 1/31/2017, filed by Plaintiff State of Washington. (Melody, Colleen) |
| Filing 12 Summonses electronically issued as to defendant(s) John F. Kelly, Tom Shannon, Donald J. Trump, U.S. Department of Homeland Security, United States of America. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(CDA) |
| Filing 11 PRAECIPE TO ISSUE SUMMONS by Plaintiff State of Washington (Attachments: # 1 Summons President Trump, # 2 Summons US Dep't of Homeland Security, # 3 Summons Secretary John Kelly, # 4 Summons Acting Secretary Tom Shannon, # 5 Summons United State of America)(Purcell, Noah) |
| Filing 10 MINUTE ENTRY for proceedings held before Judge Ricardo S Martinez (for Judge James L Robart)- Dep Clerk: Laurie Cuaresma; Pla Counsel: Noah Percell, Colleen Melody; Def Counsel: Michelle Bennett, John Tyler, Arjun Garge; CR: Nancy Bauer; Time of Hearing: 11:30 AM; Telephone Conference held on 1/31/2017. Court sets the following briefing schedule: Plaintiff supplemental brief re issue of standing (limit 6 page) due 2/1/17 by 6:00 PM PST; Defendants' brief (limit 30 pages) due 2/2/17 by 12:00 midnight PST. TRO Hearing set for 2/3/2017 at 02:30 PM before Judge James L. Robart. (LC) |
| Filing 9 DECLARATION OF JEFFREY RIEDINGER of Jeffrey Riedinger re 3 Emergency MOTION for Temporary Restraining Order by Plaintiff State of Washington (Purcell, Noah) |
| Filing 8 DECLARATION OF EMILY CHIANG of Emily Chiang re 3 Emergency MOTION for Temporary Restraining Order by Plaintiff State of Washington (Purcell, Noah) |
| Filing 7 DECLARATION OF ROBERT DZIELAK of Robert Dzielak re 3 Emergency MOTION for Temporary Restraining Order by Plaintiff State of Washington (Purcell, Noah) |
| Filing 6 DECLARATION AYESHA BLACKWELL-HAWKINS of Ayesha Blackwell-Hawkins, ESQ. re 3 Emergency MOTION for Temporary Restraining Order by Plaintiff State of Washington (Purcell, Noah) |
| Filing 5 DECLARATION OF ASIF CHAUDHRY of Asif Chaudhry re 3 Emergency MOTION for Temporary Restraining Order by Plaintiff State of Washington (Purcell, Noah) |
| Filing 4 DECLARATION OF NOAH PURCELL re 3 Emergency MOTION for Temporary Restraining Order by Plaintiff State of Washington (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Purcell, Noah) |
| Filing 3 Emergency MOTION for Temporary Restraining Order , filed by Plaintiff State of Washington. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 1/30/2017, (Purcell, Noah) |
| Filing 2 CIVIL COVER SHEET re 1 Complaint, ; filed by Plaintiff State of Washington. (Purcell, Noah) |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants (Receipt # 0981-4751332), filed by State of Washington. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Purcell, Noah) |
| Judge James L. Robart added. (DJ) |
| NOTICE to Filer: ATTACHMENT FILED SEPARATELY: In the future, please remember the Civil Cover Sheet, the Summons(es) (if applicable) and the Report Regarding Trademarks and Patents (if applicable) MUST be attachments to your initiating document. Thank you. (DJ) |
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