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DOUGLAS S. CHIN (Bar No. 6465)
NEAL K. KATYAL*
Attorney General of the State of Hawai‘i HOGAN LOVELLS US LLP
CLYDE J. WADSWORTH (Bar No. 8495) 555 Thirteenth Street NW
Solicitor General of the State of Hawai‘i
Washington, DC 20004
DEIRDRE MARIE-IHA (Bar No. 7923)
Telephone: (202) 637-5600
DEPARTMENT OF THE ATTORNEY
Fax: (202) 637-5910
GENERAL, STATE OF HAWAI‘I
Email:
425 Queen Street
neal.katyal@hoganlovells.com
Honolulu, HI 96813
Telephone: (808) 586-1500
*Admitted Pro Hac Vice
Fax: (808) 586-1239
Email: deirdre.marie-iha@hawaii.gov
Attorneys for Plaintiff, State of Hawai‘i
(See Next Page For Additional Counsel)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI‘I

STATE OF HAWAI‘I,
Plaintiff,
v.
DONALD J. TRUMP, in his official capacity as
President of the United States; U.S.
Civil Action No. 1:17-cvDEPARTMENT OF HOMELAND SECURITY; 00050-DKW-KJM
JOHN F. KELLY, in his official capacity as
Secretary of Homeland Security; U.S.
DEPARTMENT OF STATE; REX TILLERSON,
in his official capacity as Secretary of State; and
the UNITED STATES OF AMERICA,
Defendants.
PLAINTIFF’S MOTION TO PARTIALLY LIFT STAY

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ADDITIONAL COUNSEL
KIMBERLY T. GUIDRY (Bar No. 7813)
DONNA H. KALAMA (Bar No. 6051)
ROBERT T. NAKATSUJI (Bar No. 6743)
Deputy Attorneys General
DEPARTMENT OF THE ATTORNEY
GENERAL, STATE OF HAWAI‘I
425 Queen Street
Honolulu, HI 96813
Telephone: (808) 586-1500
Fax: (808) 586-1239

COLLEEN ROH SINZDAK*
MITCHELL P. REICH*
ELIZABETH HAGERTY**
HOGAN LOVELLS US LLP
555 Thirteenth Street NW
Washington, DC 20004
Telephone: (202) 637-5600
Fax: (202) 637-5910
THOMAS P. SCHMIDT*
HOGAN LOVELLS US LLP
875 Third Avenue
New York, NY 10022
Telephone: (212) 918-3000
Fax: (212) 918-3100
SARA SOLOW*
ALEXANDER B. BOWERMAN*
HOGAN LOVELLS US LLP
1835 Market St., 29th Floor
Philadelphia, PA 19103
Telephone: (267) 675-4600
Fax: (267) 675-4601
*Pro Hac Vice Applications
Forthcoming
**Admitted Pro Hac Vice

Attorneys for Plaintiff, State of Hawai‘i

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PLAINTIFF’S MOTION TO PARTIALLY LIFT STAY
Pursuant to Local Rule 7.6 for the United States District Court for the
District of Hawai‘i and Rules 7 and 15(a) of the Federal Rules of Civil Procedure,
Plaintiff State of Hawai‘i (the “State”), by and through its counsel, respectfully
requests that the Court immediately partially lift the February 7, 2017 Order
staying these proceedings (Dkt. No. 27) for the limited purpose of allowing the
State to file: (1) the attached Proposed First Amended Complaint, and (2) the
attached Declaration of Clyde J. Wadsworth Regarding Exhibit C to Declaration of
Douglas S. Chin in Support of Plaintiff’s Motion for Temporary Restraining Order
(“Wadsworth Declaration”).
Specifically, the State seeks to add in its Proposed First Amended Complaint
limited additional allegations and revised claims, as well as another Plaintiff: Mr.
Ismail Elshikh, PhD, the Imam of the Muslim Association of Hawai‘i and the
declarant for Exhibit H to the Declaration of Douglas S. Chin in Support of
Plaintiff’s Motion for Temporary Restraining Order, filed publicly on February 3,
2017 (Dkt. No. 10-8). The Wadsworth Declaration additionally provides an update
to the Court regarding the factual circumstances presented in the Declaration of
John Doe 3, filed as Exhibit C to the Declaration of Douglas S. Chin in Support of
Plaintiff’s Motion for Temporary Restraining Order (“Chin Declaration”) (Dkt.
No. 10-3). Permitting these filings will not prejudice Defendants and will allow
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the Court to review a complete and updated set of facts, parties, and claims in this
litigation, particularly in view of related case developments in other courts.
FACTUAL AND PROCEDURAL BACKGROUND
The State filed its Complaint fewer than twenty-one days ago, on February
3, 2017. The Complaint was filed on behalf of the State of Hawai‘i and did not
present the claims of individual, non-government plaintiffs. See Compl. (Dkt. No.
1). On the same day, the State also filed Plaintiff’s Motion for Temporary
Restraining Order (Dkt. No. 2) and the accompanying Chin Declaration (Dkt. No.
10). Exhibit C to the Chin Declaration was a Declaration of John Doe 3 (Dkt. No.
10-3). Sealed copies of the Declaration of John Doe 3 were submitted for the
Court’s in camera review, pursuant to the State’s concurrently filed Ex Parte
Motion for In Camera Review of Exhibits A, B, and C to Chin Declaration (Dkt.
No. 15).
As the Court is aware, facts pertinent to this litigation quickly are developing
in Hawai‘i and around the country. On February 7, 2017, in response to
Defendants’ Emergency Motion to Stay All Deadlines Pending Resolution of
Appellate Proceedings Regarding Nationwide Injunction (Dkt. No. 23), the Court
entered an Order staying this matter as long as the February 3, 2017 injunction
entered in Washington v. Trump, 2:17-cv-141 (W.D. Wash.), remains in place, or
until further order of the Court. Dkt. No. 27. Almost simultaneously with the
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Court’s Order, however, facts relevant to the family circumstances discussed in the
Declaration of John Doe 3 (Dkt. No. 10-3) changed. In addition, Mr. Elshikh and
the State of Hawai‘i now wish to present their claims as co-plaintiffs; the State’s
Proposed First Amended Complaint conforms the allegations and contours of the
claims in the original Complaint to reflect current facts and the addition of Mr.
Elshikh as a plaintiff.
ARGUMENT
Federal Rule of Civil Procedure 15(a) permits parties to amend their
pleadings once as a matter of course within twenty-one days of filing, and allows
for supplemental amendments “when justice so requires.” Fed. R. Civ. P. 15(a)(1),
(2). Plaintiffs may add additional parties, claims, or both to an amended
complaint. Local Rule 7.6 for the United States District Court for the District of
Hawai‘i further requires that “[f]actual contentions made in support of or in
opposition to any motion shall be supported by affidavits or declarations,” and that
“[a]ny statement made upon information or belief shall specify the basis therefor.”
Because the Court’s February 7, 2017 Order staying the proceedings remains
in place (Dkt. No. 23), the State requests that the Court issue an additional order
partially lifting the stay for the limited purpose of filing the attached Proposed First
Amended Complaint and Wadsworth Declaration. The State’s ability to amend its
complaint normally should follow as a matter of course within twenty-one days of
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its initial filing; even if it did not, justice would require that the State be given
leave to permit such amendment under the circumstances. Fed. R. Civ. P. 15(a).
The State has moved efficiently to prepare the attached Proposed First Amended
Complaint and Wadsworth Declaration with the objective of providing this Court
with an accurate set of facts, parties, and claims presented. The Wadsworth
Declaration, which provides the Court with updated details regarding the contents
of the Declaration of John Doe 3 (Dkt. No. 10-3), also ensures that factual
contentions made in support of Plaintiff’s Motion for Temporary Restraining Order
are accurately supported, consistent with Local Rule 7.6.
Moreover, given the fast-paced, multi-forum nature of this litigation, the
State might seek to intervene in other proceedings occurring while the stay in this
Court remains in place. Proceedings in other Districts, the Courts of Appeals, or
the United States Supreme Court could impact the resolution of the State’s claims
in this Court. As a result, it is urgent and imperative to the administration of
justice that the State be able to assert all of its claims in this proceeding before
intervening in others, and that Mr. Elshikh, who may be properly joined as a
Plaintiff, have an opportunity to assert his claims. See Fed. R. Civ. P. 15(a).
CONCLUSION
For the foregoing reasons, the State respectfully asks the Court to
immediately partially lift the stay entered on February 7, 2017, to allow the State
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and Mr. Elshikh to file publicly the attached Proposed First Amended Complaint
and the Wadsworth Declaration.
DATED:

Honolulu, Hawai‘i, February 8, 2017.

Respectfully submitted,
/s/ Neal K. Katyal
NEAL K. KATYAL**
COLLEEN ROH SINZDAK*
MITCHELL P. REICH*
ELIZABETH HAGERTY**
THOMAS P. SCHMIDT*
SARA SOLOW*
ALEXANDER B. BOWERMAN*
HOGAN LOVELLS US LLP
*Pro Hac Vice Applications
Forthcoming
**Admitted Pro Hac Vice

DOUGLAS S. CHIN (Bar No. 6465)
Attorney General of the State of Hawai‘i
CLYDE J. WADSWORTH (Bar No.
8495)
Solicitor General of the State of Hawai‘i
DEIRDRE MARIE-IHA (Bar No. 7923)
KIMBERLY T. GUIDRY (Bar No. 7813)
DONNA H. KALAMA (Bar No. 6051)
ROBERT T. NAKATSUJI (Bar No.
6743)
Deputy Attorneys General
DEPARTMENT OF THE ATTORNEY
GENERAL, STATE OF HAWAI‘I

Attorneys for Plaintiff, State of Hawai‘i

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