Case 1:17-cv-00289-RBJ Document 23 Filed 03/09/17 USDC Colorado Page 1 of 5

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:17-cv-289-RBJ

ZAKARIA HAGIG,
Plaintiff,
v.
DONALD TRUMP, et al.
Defendants.

DEFENDANTS’ UNOPPOSED MOTION FOR
EXTENSION OF THE DEADLINE TO RESPOND TO
PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

Defendants move for an Order pursuant to D.C.COLO.LCivR 6.1 extending the deadline
to respond to Plaintiff’s Motion for Preliminary Injunction, ECF 16, by 30 days, to April 9, 2017.
In support of this Motion, Defendants state as follows:
1. Defendants’ response to Plaintiff’s Motion for Preliminary Injunction is currently due
Friday, March 10, 2017.
2. Defendants seek a 30 day extension of the deadline to respond to Plaintiff’s Motion for
Preliminary Injunction, to April 9, 2017. There is good cause for this extension.
3. On February 3, 2017, in Washington v. Trump, No. 17-cv-141 (W.D. Wash. Feb. 3,
2017), the district court enjoined the nationwide enforcement of section 3(c) of Executive
Order No. 13,769, entitled “Protecting the Nation from Foreign Terrorist Entry into the
United States” (the “Old EO”). Therefore, Plaintiff’s request that the Government be

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enjoined from enforcing section 3(c) of the Old EO is covered by the nationwide
injunction already in place.
4. On March 6, 2017, the President signed an Executive Order titled “Protecting the Nation
from Foreign Terrorist Entry into the United States” (the “New EO”), which will take
effect on March 16, 2017. As of that date, the New EO revokes the “Old EO”, see New
EO, § 13, which is the subject of this litigation, and sets forth new policies that are
substantially different in form and scope than the policies articulated by the Old EO,
including section 3(c) of the Old EO, the enforcement of which Plaintiff requests be
enjoined. See ECF 16.
5. The New EO’s suspension of entry provisions apply to nationals of Iran, Libya, Somalia,
Sudan, Syria, and Yemen who are outside the United States on the New EO’s effective
date of March 16, 2017, do not have a valid visa on that date, and did not have a valid
visa as of 5:00 p.m. Eastern Standard Time on January 27, 2017. See New EO, § 3(a).
6. It is the Government’s view that the New EO excludes Plaintiff from its coverage.
7. Because the Western District of Washington’s nationwide injunction enjoins the
enforcement of section 3(c) of the Old EO, as Plaintiff requests, and the new EO, which
will take effect on March 16, excludes Plaintiff from its coverage, it would be an
inefficient use of the parties and the Court’s resources to brief a motion for preliminary
injunction at this point.
8. Therefore, Defendants request a 30 day extension of the deadline to respond to Plaintiff’s
Motion for Preliminary Injunction, to April 9, 2017.

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9. The requested extension is reasonable and will not prejudice Plaintiff. Plaintiff, through
counsel, does not oppose the extension. The requested relief will simplify and streamline
the proceedings.
10. Pursuant to D.C.COLO.LCivR 6.1(b), undersigned counsel certifies that Defendants have
not sought any previous extensions of the deadline to respond to Plaintiff’s Motion for
Preliminary Injunction.
11. Pursuant to D.C.COLO.LCivR 6.1(c), undersigned counsel certifies that a copy of this
motion will be served on Plaintiff and upon an agency representative for Defendants.
12. Pursuant to D.C.COLO.LCivR 7.1(a), undersigned counsel conferred with Plaintiff’s
counsel about this motion, who indicated that Plaintiff does not oppose this motion.
For the reasons stated above, Defendants respectfully request that the deadline to respond
to Plaintiff’s Motion for Preliminary Injunction be extended by 30 days, to April 9, 2017. A
proposed order is attached.

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Respectfully submitted,

CHAD A. READLER
Acting Assistant Attorney General
Civil Division
WILLIAM PEACHEY
Director
Civil Division, Office of Immigration Litigation
GISELA A. WESTWATER
Assistant Director
STACEY I. YOUNG
Senior Litigation Counsel
By:

DATE: March 9, 2017

/s/ Adrian M. Pandev________________
ADRIAN M. PANDEV
Trial Attorney
Civil Division
Office of Immigration Litigation
District Court Section
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Telephone: (202) 598-2648
Fax:
(202) 305-7000
Email: adrian.m.pandev@usdoj.gov
ATTORNEYS FOR DEFENDANTS

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CERTIFICATE OF SERVICE

I hereby certify that on March 9, 2017, I electronically filed the foregoing Motion using
the Court’s CM/ECF system, causing a notice of filing to be served upon all counsel of record. I
also hereby certify that on March 9, 2017, I caused the foregoing document to be served via email upon an agency representative for Defendants.

Dated: March 6, 2017

/s/ Adrian M. Pandev__________
ADRIAN M. PANDEV
Trial Attorney