Case 1:17-cv-00289-RBJ Document 17 Filed 02/17/17 USDC Colorado Page 1 of 4

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:17-cv-289-RBJ
ZAKARIA HAGIG,
on behalf of himself and others similarly situated,
Plaintiff,
v.
DONALD J. TRUMP, President of the United States;
U.S. DEPARTMENT OF HOMELAND SECURITY (“DHS”);
U.S. CUSTOMS AND BORDER PROTECTION (“CBP”);
JOHN KELLY, Secretary of DHS;
KEVIN MCALEENAN, Acting Commissioner of CBP; and
LASHANDA JONES, Denver Director, CBP,
Defendants.

MOTION FOR EXPEDITED BRIEFING SCHEDULE FOR PLAINTIFF’S
MOTION FOR PRELIMINARY INJUNCTION
Plaintiff Zakaria Hagig (“Plaintiff” or “Mr. Hagig”), on behalf of himself and others
similarly situated, by undersigned counsel, respectfully moves this Court for an expedited
briefing schedule for Plaintiff’s Motion for a Preliminary Injunction, filed concurrently herewith.
Specifically, Plaintiff requests that the Response to the Motion for Preliminary Injunction be due
in one week, on Friday, February 24, 2017, and the reply be due the following Wednesday,
March 1, 2017. In support thereof, Plaintiff states as follows:

 Case 1:17-cv-00289-RBJ Document 17 Filed 02/17/17 USDC Colorado Page 2 of 4

1.

Pursuant to D.C.COLO.LCivR 7.1(a), counsel for Plaintiff has conferred with

Defendants’ counsel concerning this Motion. Defendants’ counsel opposes the relief requested
herein.
2.

The standard briefing schedule under D.C.COLO.LCivR 7.1(d) takes five weeks

to complete—21 days for the response and 14 additional days for the reply. Under that schedule,
Plaintiff’s Motion for Preliminary Injunction would not be ripe until March 24, 2017.
3.

As explained in the Amended Complaint (dkt. no. 13) ¶ 16, Mr. Hagig plans to

visit his family in Canada over his spring break, from March 17-26, 2017. Under the Executive
Order as it stands, Mr. Hagig will not be permitted to re-enter the United States following that
trip.
4.

Plaintiff’s Motion for Preliminary Injunction seeks this Court to enjoin the

application of the Executive Order to Mr. Hagig and others similarly situated until the final
resolution of this case.
5.

If Plaintiff’s Motion for Preliminary Injunction is not ripe until March 24, 2017,

Mr. Hagig will have to choose between visiting his family and finishing his education in the
United States.
6.

Mr. Hagig therefore requires an expedited briefing schedule to prevent

Defendants from causing additional irreparable harm to Plaintiff while the Motion for
Preliminary Injunction is pending.1

                                                            
 Other federal courts around the country are simultaneously addressing similar issues as those raised in the First
Amended Complaint, the Motion for Preliminary Injunction, and this motion. The Ninth Circuit has affirmed a
district court’s decision to stay enforcement of portions of the Executive Order nationwide. Because of the
temporary nature of that decision and the uncertain future of the Executive Order (and any future attempts by the
Government to issue similar executive orders), Plaintiffs nonetheless still seek the relief requested here. 
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 Case 1:17-cv-00289-RBJ Document 17 Filed 02/17/17 USDC Colorado Page 3 of 4

7.

Plaintiff also respectfully requests that any hearing on Plaintiff’s Motion for

Preliminary Injunction be held as soon as the Court’s schedule permits.
WHEREFORE, for the reasons stated above, Plaintiff respectfully requests that the Court
order that the response to Plaintiff’s Motion for Preliminary Injunction be due on Friday,
February 24, 2017, and the reply be due on Wednesday, March 1, 2017.
Respectfully submitted this 17th day of February, 2017.
 

By: /s/ Christopher H. Toll
Christopher H. Toll
6380 S. Fiddlers Green Cir., Suite 500
Greenwood Village, CO 80111
Phone: (303) 290-1637
ctoll@hollandhart.com
Jessica J. Smith
555 Seventeenth Street, Suite 3200
Denver, CO 80202
Phone: (303) 295-8374
Facsimile: (303) 295-8261
jjsmith@hollandhart.com
HOLLAND & HART LLP
By: /s/ Alan Kennedy-Shaffer
Alan Kennedy-Shaffer
1051 14th Street, Box 21101
Denver, CO 80202
(712) 433-5488
alan.kennedy-shaffer@aya.yale.edu
By: /s/ Morgan L. Carroll
Morgan L. Carroll
1165 Ouray Street
Aurora, CO 80011
(303) 726-1742
morganlcarroll@gmail.com
ATTORNEYS FOR PLAINTIFFS
 

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 Case 1:17-cv-00289-RBJ Document 17 Filed 02/17/17 USDC Colorado Page 4 of 4

CERTIFICATE OF SERVICE
I hereby certify that on February 17, 2017, I electronically filed the foregoing document,
Motion for Expedited Briefing, with the clerk of the court for the United States District Court for
the District of Colorado using the CM/ECF system, which will send notification of such filing to
the following e-mail addresses:
alan.kennedy-shaffer@aya.yale.edu (representing Plaintiff)
MorganLCarroll@gmail.com (representing Plaintiff)
Briana.Yuh@usdoj.gov (representing Defendant U.S. Customs and Border Protection)

s/ Christopher H. Toll
Holland & Hart LLP
9559291_1 

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