Case 2:17-cv-00094-RAJ Document 105 Filed 02/06/18 Page 1 of 9

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THE HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ABDIQAFAR WAGAFE, et al., on behalf
of themselves and others similarly situated,
Plaintiffs,

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v.
DONALD TRUMP, President of the
United States, et al.,

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No. 2:17-cv-00094-RAJ
PLAINTIFFS’ SUBMISSION
REGARDING DISCOVERY DISPUTE
RELATING TO REQUESTS FOR
PRODUCTION 23 AND 24

Defendants.
Hearing Date:

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February 8, 2018 at 1:30 p.m.

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PLAINTIFFS’ SUBMISSION RE DISCOVERY DISPUTE
RE RFPS 23 AND 24 (No. 2:17-cv-00094-RAJ)
138443806.5

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000

 Case 2:17-cv-00094-RAJ Document 105 Filed 02/06/18 Page 2 of 9

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Plaintiffs’ Requests for Production (RFPs) 23 and 24, which Plaintiffs served on August

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1, 2017, focus on two of President Trump’s Executive Orders, which were the subject of

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Plaintiffs’ motion to compel last fall. On October 19, 2017, the Court ordered Defendants to

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offer alternative custodians for any discovery over which Defendants were asserting the

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Executive Privilege. Dkt. 98 at 5. Defendants refused to comply, asserting they could not

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provide alternative custodians without first resolving yet more disputes. That prompted a joint

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LCR 37 Submission. Dkt. 103. The Court issued another order on January 10, 2018, reiterating

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its October decision ordering Defendants to provide alternative custodians. Dkt. 104.

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Plaintiffs asked Defendants to confer right away—but Defendants refused, pushing back

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the parties’ discussion until four days before the deadline, January 26. Declaration of David A.

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Perez, ¶ 2. During that call, Defendants provided only a partial list of alternative custodians, and

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only vague descriptions (not actual names) for others. Id. ¶¶ 3-5. In response, Plaintiffs sent

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Defendants a full list of proposed custodians, search terms, and date ranges. Id. Ex. 1. The

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parties’ follow up conference took place on January 31(the deadline); 30 minutes before the call

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Defendants sent a letter objecting to most of Plaintiffs’ proposals. Id., Ex. 2. The parties were at

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an impasse. Id. ¶ 8. Defendants informed Plaintiffs they would proceed to collect documents

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using only the terms and custodians Defendants proposed. Accordingly, Plaintiffs asked the

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Court for a hearing to discuss the issues. On Friday evening, February 2, two days after the

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parties’ met and conferred, Defendants agreed to a few more custodians, and proposed additional

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search terms (to run only against one such custodian). Id. Ex. 3. The impasse remains.1

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RFP 23: All Documents referring or relating to any
consideration of or reference to CARRP during the planning,
drafting, or issuing of the First and Second EOs.

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In addition to the instant discovery dispute, Defendants have failed to produce many categories of
documents responsive to other discovery requests served on August 1, 2017. Defendants also have not produced a
class list, even though the Court’s October 19, 2017, order compelled them to produce such a list. Defendants’
discovery delays have rendered the previously agreed-upon case schedule unviable. Therefore, Defendants have
proposed that the parties jointly agree to an extension of the case schedule. Plaintiffs reluctantly acknowledge that
an extension is needed, but request clarity on the issues before the Court and those that are coming (e.g., privilege
claims, discovery on the Muslim Ban Class) in order to fully assess how much more time is needed.

PLAINTIFFS’ SUBMISSION RE DISCOVERY DISPUTE
RE RFPS 23 AND 24 (No. 2:17-cv-00094-RAJ) – 1
138443806.5

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000

 Case 2:17-cv-00094-RAJ Document 105 Filed 02/06/18 Page 3 of 9

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1. Search Terms. Plaintiffs have asked Defendants to include the following terms, but

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Defendants have only agreed to include the terms in bold, and refuse to include the italicized

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terms: CARRP, “Controlled Application Review and Resolution Program,” “Articulable

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Link,” Deconflict*, Known or Suspected Terrorist, KST, National Security Concern, National

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Security Indicator, Non National Security, Non-Known or Suspected Terrorist, Non-KST, NS

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Activities, NS Concern, NS Hit, NS Indicator. The terms Defendants refuse to apply are search

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terms the parties had already agreed to apply to the rest of Plaintiffs’ first discovery requests

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because they would return documents relevant to Plaintiffs’ claims. Defendants refuse to apply

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these terms now because, they claim, “these terms do not exclusively apply to the Controlled

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Application Review and Resolution Program.” Perez Decl., Ex. 2. But search terms rarely apply

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exclusively to the topic at issue in a particular discovery request; limiting search terms to those

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that only apply exclusively to CARRP would prevent discovery of many other documents

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referencing CARRP but containing terms that might also apply to other (potentially similar)

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programs or relating to CARRP without referencing CARRP by name. Indeed, Plaintiffs’

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counsel have seen in previous documents obtained under the Freedom of Information Act

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(FOIA) that very often CARRP documents do not reference the name of the program. See, e.g.,

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Perez Decl., Exs. 4-7 (CARRP documents that do not reference the program’s name). The

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parties already agreed to use these terms for other requests, which indicates that the terms will

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return documents relevant to Plaintiffs’ claims. Defendants have offered no logical explanation

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why the terms would be appropriate to use in one set of requests and not the others.

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2. Date Range. The parties agree on November 9, 2016 (date that transition began) to

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March 6, 2017 (signature date of E.O. 13780) as the date range for Defendants’ search.

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However, Defendants have stated they will limit the date range for certain custodians to when

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their official federal employment began. Yet many of these custodians were part of the

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Presidential Transition Team, and therefore given “.gov” e-mails hosted on federal servers

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pursuant to the Presidential Transition Act. Because the First Executive Order was signed a
PLAINTIFFS’ SUBMISSION RE DISCOVERY DISPUTE
RE RFPS 23 AND 24 (No. 2:17-cv-00094-RAJ) – 2
138443806.5

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000

 Case 2:17-cv-00094-RAJ Document 105 Filed 02/06/18 Page 4 of 9

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mere seven days after the Inauguration, such transition e-mails likely would be responsive to

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Plaintiffs’ requests. And none of those communications would be subject to Defendants’

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Executive Privilege claim because Donald Trump was not yet President (there can only be one

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President at a time). Defendants must apply the same date range to all custodians, including

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those who were on the transition team, even if their official employment did not begin until later.

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3. Alternative Custodians. Defendants’ approach to custodians has been inconsistent.

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With respect to RFP 23, Defendants initially insisted on including only high-level officials, but

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not their subordinates. With respect to RFP 24, Defendants want it reversed, so that only

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subordinates are searched. This is illogical, and raises serious concerns regarding the disclosure

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of relevant documents. As of February 2, Defendants now say they will include the lower level

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officials for RFP 23, but still refuse to include ICE officials. Defendants incorrectly claim that

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ICE has “no role in the adjudication of immigration benefit applications.” Perez Decl., Ex. 2. In

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fact, CARRP directs USCIS to coordinate with ICE to investigate immigration benefit applicants

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for national security grounds that may support removal proceedings. And ICE has recently

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established the Extreme Vetting Initiative, the only extreme vetting program that Defendants

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have publicly acknowledged was created pursuant to the EOs, and therefore, is directly relevant

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to Plaintiffs’ claims that Defendants’ vetting has expanded beyond CARRP to similar programs

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that unlawfully delay and deny their immigration benefit applications. See Perez Decl., Ex 8.

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Plaintiffs’ Proposed Additions to DHS Custodians: Thomas Homan (ICE Acting
Director); Daniel Ragsdale (ICE Deputy Director).
RFP 24: All Documents referring or relating to “extreme
vetting” or any other screening, vetting, or adjudication
program, policy, or procedure connected to the First or Second
EOs. This request includes, but is not limited to, programs
that reference, relate to, or expand upon CARRP.

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1. Search Terms. Defendants’ position on search terms for this request is not clear. The

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parties are in agreement on the following terms: 13769, 13780, “Continuous Immigration

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Vetting,” “Extreme Vetting,” “Interview Expansion,” “Interview Waiver,” “Recurrent Vetting,”
PLAINTIFFS’ SUBMISSION RE DISCOVERY DISPUTE
RE RFPS 23 AND 24 (No. 2:17-cv-00094-RAJ) – 3
138443806.5

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000

 Case 2:17-cv-00094-RAJ Document 105 Filed 02/06/18 Page 5 of 9

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“Section 4,” “Section 5,” “Uniform Screening,” and “Uniform Vetting.” Defendants insist on

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applying other terms only to one custodian.2 Plaintiffs’ position is that all terms must be run

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against all custodians because custodians generally e-mail with others. Additionally, Plaintiffs

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have requested the following proximity search term: (“Protecting the Nation” OR “Foreign

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Terrorist Entry” OR “Executive Order” OR “EO”) AND (screen* OR vet* OR adjudicate* OR

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“national security” OR naturaliz* OR adjust* OR “green card” OR suspend*).3 Defendants

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refuse to include these terms because “these terms do not exclusively apply to the responsive

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programs, policies, or procedures.” Perez Decl., Ex. 2. Again, limiting searches only to those

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terms that apply exclusively to the subject of the discovery request will necessarily leave out

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responsive documents that hit on non-exclusive terms.
2. Date Range. Defendants have signaled that they agree, in principle, to a date range of

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November 9, 2016 (date that transition began) to the present. But Defendants wish to limit the

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date range for each custodian to the time that custodian was either involved in agency actions

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conducted under the executive orders or employed by the agency. Significantly, however,

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arbitrarily changing date ranges for each custodian based on when a particular party unilaterally

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decides that a custodian became relevant risks omitting key documents that predate the cutoff.

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Defendants should apply this date range to all the custodians, and ensure that any documents

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created during the transition are included in their search and production.

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3. Custodians. In contrast to RFP 23, Defendants want to include only subordinate

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officials as custodians for RFP 24, rather than the high level officials. Defendants insist that

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these lower level officials are the ones responsible for the oversight of the “extreme vetting”

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programs, including the genesis and development of these programs. But when presented with

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contemporaneous comments from former DHS Secretary John Kelly, where Mr. Kelly publicly

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Defendants propose applying “Wicklander” and “Enhanced Communication Course,” only to Julie
Spencer, and “Code 5,” “ASC” AND “Identity Verification,” “Livescan” AND “Identity Verification” only to Lee
Bowes.
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Plaintiffs’ proposed “proximity search” is a compromise from a larger and more inclusive search that
Plaintiffs originally proposed.

PLAINTIFFS’ SUBMISSION RE DISCOVERY DISPUTE
RE RFPS 23 AND 24 (No. 2:17-cv-00094-RAJ) – 4
138443806.5

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000

 Case 2:17-cv-00094-RAJ Document 105 Filed 02/06/18 Page 6 of 9

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stated that he and his staff were directly involved in the drafting of the executive orders,

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Defendants had no substantive response. Notably, Defendants acknowledge for RFP 23 that the

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high level officials have relevant documents, and do not deny these same high level officials

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have relevant documents for RFP 24. Accordingly, it is crucial that Defendants search the

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additional custodians Plaintiffs are proposing (high level officials), in addition to the lower-level

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custodians on which the parties agree. Plaintiffs have also requested that Defendants’ response

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to RFP 24 include the same ICE officials listed for RFP 23 (Homan and Ragsdale), for the same

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reasons they should be included for RFP 23. Defendants have refused to add them based on their

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incorrect assertion that ICE does not have a role in adjudicating immigration benefit applications.

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Many of the proposed custodians below are custodians for other RFPs, so their documents will

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have already been pulled for discovery.

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Plaintiffs’ Proposed Additions to USCIS and DHS Custodians for RFP 24: Lori
Scialabba (Acting Director); Tracy Renaud (Acting Deputy Director); Molly Groom
(Acting Chief Counsel); Larry Levine (Acting Policy Director); Craig Symons, Carl
Risch, and Kathy Neubel Kovarik (DHS transition beachhead team); Daniel M. Renaud
(Associate Director of Field Operations for USCIS); Donald Neufeld (Associate Director
of Service Center Operations for USCIS); John Kelly (Secretary), Elaine Duke (Acting
Secretary and Deputy Secretary); Kirstjen Nielsen (Secretary and Chief of Staff); Joseph
Maher (Acting General Counsel); Gene Hamilton (Senior Counselor to the Secretary);
Chip Fulghum (Acting Deputy Secretary of Homeland Security); Thomas Homan (ICE
Acting Director) and Daniel Ragsdale (ICE Deputy Director).
Defendants have approached these two RFPs with the same dilatory and evasive tactics
that have characterized their discovery responses to date, providing inconsistent and
unintelligible rationale for why they cannot search certain people, search within certain dates,
and use certain search terms. Discovery is not an exercise in cherry-picking what a party is
comfortable searching for and disclosing. For all the reasons described above, the Court should
order Defendants to produce discovery on the terms proposed by Plaintiffs.

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PLAINTIFFS’ SUBMISSION RE DISCOVERY DISPUTE
RE RFPS 23 AND 24 (No. 2:17-cv-00094-RAJ) – 5
138443806.5

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000

 Case 2:17-cv-00094-RAJ Document 105 Filed 02/06/18 Page 7 of 9

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CERTIFICATION
I certify that prior to making this submission the parties conferred to attempt to resolve
this discovery dispute in accordance with LCR 37(a).

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DATED: February 6, 2018

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s/ David A. Perez
David A. Perez #43959
Perkins Coie LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: 206.359.8000
Facsimile: 206.359.9000
Email: DPerez@perkinscoie.com

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PLAINTIFFS’ SUBMISSION RE DISCOVERY DISPUTE
RE RFPS 23 AND 24 (No. 2:17-cv-00094-RAJ) – 6
138443806.5

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000

 Case 2:17-cv-00094-RAJ Document 105 Filed 02/06/18 Page 8 of 9

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DATED: February 6, 2018
s/Jennifer Pasquarella (admitted pro hac vice)
s/Sameer Ahmed (admitted pro hac vice)
ACLU Foundation of Southern California
1313 W. 8th Street
Los Angeles, CA 90017
Telephone: (213) 977-5236
Facsimile: (213) 997-5297
jpasquarella@aclusocal.org
sahmed@aclusocal.org
s/Matt Adams
s/Glenda M. Aldana Madrid
Matt Adams #28287
Glenda M. Aldana Madrid #46987
Northwest Immigrant Rights Project
615 Second Ave., Ste. 400
Seattle, WA 98122
Telephone: (206) 957-8611
Facsimile: (206) 587-4025
matt@nwirp.org
glenda@nwirp.org
s/Stacy Tolchin (admitted pro hac vice)
Law Offices of Stacy Tolchin
634 S. Spring St. Suite 500A
Los Angeles, CA 90014
Telephone: (213) 622-7450
Facsimile: (213) 622-7233
Stacy@tolchinimmigration.com

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s/Hugh Handeyside
Hugh Handeyside #39792
s/Lee Gelernt (admitted pro hac vice)
s/Hina Shamsi (admitted pro hac vice)
American Civil Liberties Union Foundation
125 Broad Street
New York, NY 10004
Telephone: (212) 549-2616
Facsimile: (212) 549-2654
lgelernt@aclu.org
hhandeyside@aclu.org
hshamsi@aclu.org

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Attorneys for Plaintiffs

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s/ Harry H. Schneider, Jr.
Harry H. Schneider, Jr. #9404
s/ Nicholas P. Gellert
Nicholas P. Gellert #18041
s/ David A. Perez
David A. Perez #43959
s/ Laura K. Hennessey
Laura K. Hennessey #47447
Perkins Coie LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: 206.359.8000
Facsimile: 206.359.9000
Email: HSchneider@perkinscoie.com
NGellert@perkinscoie.com
KReddy@perkinscoie.com
DPerez@perkinscoie.com
LHennessey@perkinscoie.com
s/Trina Realmuto (admitted pro hac vice)
s/Kristin Macleod-Ball (admitted pro hac vice)
Trina Realmuto
Kristin Macleod-Ball
American Immigration Council
100 Summer St., 23rd Fl.
Boston, MA 02110
Tel: (857) 305-3600
Email: trealmuto@immcouncil.org
Email: kmacleod-ball@immcouncil.org
s/Emily Chiang
Emily Chiang #50517
ACLU of Washington Foundation
901 Fifth Avenue, Suite 630
Seattle, WA 98164
Telephone: (206) 624-2184
Echiang@aclu-wa.org

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PLAINTIFFS’ SUBMISSION RE DISCOVERY DISPUTE
RE RFPS 23 AND 24 (No. 2:17-cv-00094-RAJ) – 7
138443806.5

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000

 Case 2:17-cv-00094-RAJ Document 105 Filed 02/06/18 Page 9 of 9

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CERTIFICATE OF SERVICE

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The undersigned certifies that on the dated indicated below, I caused service of the

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foregoing SUBMISSION RE DISCOVERY DISPUTE RE RFPs 23 AND 24 via the CM/ECF

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system that will automatically send notice of such filing to all counsel of record herein.

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DATED this 6th day of February 2018 at Seattle, Washington.

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By: s/David A. Perez
David A. Perez #43959
Attorneys for Plaintiffs
Perkins Coie LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: 206.359.8000
Facsimile: 206.359.9000
Email: DPerez@perkinscoie.com

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PLAINTIFFS’ SUBMISSION RE DISCOVERY DISPUTE
RE RFPS 23 AND 24 (No. 2:17-cv-00094-RAJ) – 8
138443806.5

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000

 Case 2:17-cv-00094-RAJ Document 105-1 Filed 02/06/18 Page 1 of 9

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THE HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ABDIQAFAR WAGAFE, et al., on behalf
of themselves and others similarly situated,
Plaintiffs,
v.

No. 2:17-cv-00094-RAJ
[PROPOSED] ORDER REGARDING
DISCOVERY DISPUTE RELATING TO
REQUESTS FOR PRODUCTION 23 AND
24

DONALD TRUMP, President of the
United States, et al.,

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Defendants.

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[PROPOSED] ORDER REGARDING DISCOVERY DISPUTE
RELATING TO REQUESTS FOR PRODUCTION 23 AND 24

(No. 2:17-cv-00094-RAJ) – 1

138500114.2

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000

 Case 2:17-cv-00094-RAJ Document 105-1 Filed 02/06/18 Page 2 of 9

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THE COURT, having considered the parties’ respective submissions regarding the

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discovery dispute concerning Plaintiffs’ Requests for Production (“RFPs”) 23 and 24, and being

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fully advised in the premises, now, therefore, it is hereby ORDERED that Defendants shall

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respond to each discovery request as follows:

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A. RFP 23: All Documents referring or relating to any consideration of or reference to

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CARRP during the planning, drafting, or issuing of the First and Second EOs.

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1. Search Terms for RFP 23: all search terms shall be run against all custodians.

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“CARRP”

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“Controlled Application Review and Resolution Program”

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Articulable Link

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Deconflict*

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Known or Suspected Terrorist

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KST

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National Security Concern

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National Security Indicator

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Non National Security

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Non-Known or Suspected Terrorist

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Non-KST

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NS Activities

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NS Concern

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NS Hit

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NS Indicator

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2. Date Range for RFP 23: November 9, 2016 to March 6, 2017. This same date range
shall be applied to all custodians, and Defendants shall also collect, search, and produce
[PROPOSED] ORDER REGARDING DISCOVERY DISPUTE
RELATING TO REQUESTS FOR PRODUCTION 23 AND 24

(No. 2:17-cv-00094-RAJ) – 2
138500114.2

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000

 Case 2:17-cv-00094-RAJ Document 105-1 Filed 02/06/18 Page 3 of 9

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documents created during the presidential transition, such as those created by custodians

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who served on the presidential transition team, and which may be stored on servers

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hosted by the General Services Administration (GSA). For each custodian, Defendants

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shall disclose to Plaintiffs the e-mail addresses associated with that custodian during the

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relevant time period, which may have responsive documents; such disclosure shall be

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made at the time Defendants produce the responsive documents pursuant to this Order.

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3. Custodians for RFP 23:

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USCIS: Lori Scialabba (Acting Director); Tracy Renaud (Acting Deputy Director);

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Molly Groom (Acting Chief Counsel); Larry Levine (Acting Policy Director); Craig

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Symons, Carl Risch, and Kathy Neubel Kovarik (DHS transition beachhead team);

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Daniel M. Renaud (Associate Director of Field Operations for USCIS); Donald Neufeld

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(Associate Director of Service Center Operations for USCIS); Matthew D. Emrich

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(Associate Director of the Fraud Detection and National Security Directorate for USCIS).

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DHS: John Kelly (DHS Secretary); Elaine Duke (DHS Secretary); Kirstjen Nielsen;

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Joseph Maher (Acting General Counsel for DHS); Gene Hamilton (Chief of Staff to DHS

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Secretary John Kelly); Chip Fulghum (Acting Deputy Secretary of Homeland Security);

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Thomas Homan (ICE Acting Director); Daniel Ragsdale (ICE Deputy Director).

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B. RFP 24: All Documents referring or relating to “extreme vetting” or any other

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screening, vetting, or adjudication program, policy, or procedure connected to the First or

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Second EOs. This request includes, but is not limited to, programs that reference, relate to,

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or expand upon CARRP.

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1. Search Terms for RFP 24: all search terms shall be run against all custodians.
“13769”
[PROPOSED] ORDER REGARDING DISCOVERY DISPUTE
RELATING TO REQUESTS FOR PRODUCTION 23 AND 24

(No. 2:17-cv-00094-RAJ)– 3
138500114.2

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000

 Case 2:17-cv-00094-RAJ Document 105-1 Filed 02/06/18 Page 4 of 9

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“13780”

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“extreme vetting”

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“Continuous Immigration Vetting”

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“Interview Expansion”

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“Interview Waiver”

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“Recurrent Vetting”

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“Section 4”

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“Section 5”

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“Uniform Screening”

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“Uniform Vetting”

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Wicklander

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“Enhanced Communication Course”

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“Code 5,”

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ASC

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“Identity Verification”

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Livescan

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“Application Support Center”

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(“Protecting the Nation” OR “Foreign Terrorist Entry” OR “Executive Order” OR “EO”)

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AND (screen* OR vet* OR adjudicate* OR “national security” OR naturaliz* OR adjust*

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OR “green card” OR suspend*)

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2. Date Range for RFP 24: November 9, 2016 to present. This same date range shall be

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applied to all custodians, and Defendants shall also collect, search, and produce

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documents created during the presidential transition, such as those created by custodians

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who served on the presidential transition team, and which may be stored on servers

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hosted by the General Services Administration (GSA). For each custodian, Defendants
[PROPOSED] ORDER REGARDING DISCOVERY DISPUTE
RELATING TO REQUESTS FOR PRODUCTION 23 AND 24

(No. 2:17-cv-00094-RAJ)– 4
138500114.2

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000

 Case 2:17-cv-00094-RAJ Document 105-1 Filed 02/06/18 Page 5 of 9

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shall disclose to Plaintiffs the e-mail addresses associated with that custodian during the

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relevant time period, which may have responsive documents; such disclosure shall be

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made at the time Defendants produce the responsive documents pursuant to this Order.

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3. Custodians for RFP 24:

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USCIS: Lori Scialabba (Acting Director); Tracy Renaud (Acting Deputy Director);

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Molly Groom (Acting Chief Counsel); Larry Levine (Acting Policy Director); Craig

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Symons, Carl Risch, and Kathy Neubel Kovarik (DHS transition beachhead team);

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Daniel M. Renaud (Associate Director of Field Operations for USCIS); Donald Neufeld

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(Associate Director of Service Center Operations for USCIS); Julie Farnam (Chief, Case

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Analysis Branch, FDNS formerly detailed to the USCIS Acting Director’s Office as a

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Senior Advisor); Vania Lockett (Special Assistant, Front Office, FDNS); Teresa Downey

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(Chief, Screening Coordination Office, FDNS); Christopher Heffron (Immigration

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Officer, Program Management Office, FOD, formerly Chief, Screening Coordination

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Office, FDNS); Brett Rinehart (Chief, Program Management Office, FOD); Julie Spencer

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(Chief, Training Division, FOD); Brandi Blackburn (Assistant Center Director, National

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Benefit Center, FOD); Linda Dougherty (Chief, Adjustment and Naturalization Team,

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SCOPS); Albert Davis (Chief, Program Management Office, FDNS); and Lee Bowes

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(Acting Deputy Associate Director, Immigration Records and Identity Services).

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DHS: John Kelly (Secretary); Elaine Duke (Acting Secretary and Deputy Secretary);

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Kirstjen Nielsen (Secretary and Chief of Staff); Joseph Maher (Acting General Counsel);

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Gene Hamilton (Senior Counselor to the Secretary); Chip Fulghum (Acting Deputy

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Secretary of Homeland Security); Olivia Troye (Chief, Strategy, Policy, and Plans, Office

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of Intelligence and Analysis); Teresa Downey (Advisor, Office of Intelligence and

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Analysis); Frank Wuco (Executive Director, Executive Order Task Force); John Latta

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(Director, Screening Coordination Office, Office of Policy); Victoria Lester-Saura
[PROPOSED] ORDER REGARDING DISCOVERY DISPUTE
RELATING TO REQUESTS FOR PRODUCTION 23 AND 24

(No. 2:17-cv-00094-RAJ)– 5
138500114.2

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000

 Case 2:17-cv-00094-RAJ Document 105-1 Filed 02/06/18 Page 6 of 9

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(Acting Principal Director, Screening Coordination Office, Office of Policy); Michael

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Scardaville (Principal Director and Senior Advisor, Information Sharing, Office of

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Policy); Briana Petyo (Chief Of Staff, Office of Policy); John Dermody (Attorney

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Advisor, Office of the General Counsel); Thomas Homan (ICE Acting Director); and

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Daniel Ragsdale (ICE Deputy Director).

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4. Non-Custodial Sources

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USCIS FOD ECN sites relevant to Continuous Immigration Vetting and Expanded

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Interview efforts;

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USCIS FDNS ECN sites relevant to Continuous Immigration Vetting and Expanded

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Interviews;

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USCIS National Benefits Center (NBC) ECN sites relevant to Expanded Interviews;

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USCIS FOD share drive folders relevant to interview training;

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USCIS FDNS share drive folders relevant to Continuous Immigration Vetting;

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USCIS NBC share drive folders relevant to Expanded Interviews;

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USCIS IRIS ECN site pages relevant to ASC identity verification;

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Section of DHS Executive Order Task Force SharePoint site related to Section 5 of E.O.

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13780;

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Within 10 days of this Order, Defendants shall certify in writing that they have also

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searched for all other relevant non-custodial sources, including but not limited to those

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sources held by DHS agencies such as Immigration and Customs Enforcement (ICE),

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Customs and Border Patrol (CBP), and USCIS. To the extent other non-custodial sources

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are identified, such sources shall be included in Defendants’ discovery responses.

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[PROPOSED] ORDER REGARDING DISCOVERY DISPUTE
RELATING TO REQUESTS FOR PRODUCTION 23 AND 24

(No. 2:17-cv-00094-RAJ)– 6
138500114.2

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000

 Case 2:17-cv-00094-RAJ Document 105-1 Filed 02/06/18 Page 7 of 9

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It is further ORDERED that Defendants shall conduct their search of the records within ten (10)

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days of this Order. Defendants then have thirty days (30) to produce relevant records and a

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proper privilege log, to the extent one is necessary.

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DATED this ___________ day of ______________________, 2018.

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HONORABLE RICHARD A. JONES
UNITED STATES DISTRICT JUDGE

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[PROPOSED] ORDER REGARDING DISCOVERY DISPUTE
RELATING TO REQUESTS FOR PRODUCTION 23 AND 24

(No. 2:17-cv-00094-RAJ)– 7
138500114.2

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000

 Case 2:17-cv-00094-RAJ Document 105-1 Filed 02/06/18 Page 8 of 9

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DATED this 6th day of February 2018.

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Presented by:

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s/Jennifer Pasquarella (admitted pro hac vice)
ACLU Foundation of Southern California
1313 W. 8th Street
Los Angeles, CA 90017
Telephone: (213) 977-5236
Facsimile: (213) 997-5297
jpasquarella@aclusocal.org
s/Matt Adams
s/Glenda M. Aldana Madrid
Matt Adams #28287
Glenda M. Aldana Madrid #46987
Northwest Immigrant Rights Project
615 Second Ave., Ste. 400
Seattle, WA 98122
Telephone: (206) 957-8611
Facsimile: (206) 587-4025
matt@nwirp.org
glenda@nwirp.org
s/Stacy Tolchin (admitted pro hac vice)
Law Offices of Stacy Tolchin
634 S. Spring St. Suite 500A
Los Angeles, CA 90014
Telephone: (213) 622-7450
Facsimile: (213) 622-7233
Stacy@tolchinimmigration.com

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s/Hugh Handeyside
Hugh Handeyside #39792
s/Lee Gelernt (admitted pro hac vice)
s/Hina Shamsi (admitted pro hac vice)
American Civil Liberties Union Foundation
125 Broad Street
New York, NY 10004
Telephone: (212) 549-2616
Facsimile: (212) 549-2654
lgelernt@aclu.org
hhandeyside@aclu.org
hshamsi@aclu.org

s/Harry H. Schneider, Jr.
Harry H. Schneider, Jr. #9404
s/Nicholas P. Gellert
Nicholas P. Gellert #18041
s/David A. Perez
David A. Perez #43959
s/Laura K. Hennessey
Laura K. Hennessey #47447
Attorneys for Plaintiffs
Perkins Coie LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: 206.359.8000
Facsimile: 206.359.9000
Email: HSchneider@perkinscoie.com
NGellert@perkinscoie.com
DPerez@perkinscoie.com
LHennessey@perkinscoie.com

s/Trina Realmuto (admitted pro hac vice)
s/Kristin Macleod-Ball (admitted pro hac vice)
National Immigration Project
of the National Lawyers Guild
14 Beacon St., Suite 602
Boston, MA 02108
Telephone: (617) 227-9727
Facsimile: (617) 227-5495
trina@nipnlg.org
kristin@nipnlg.org
s/Emily Chiang
Emily Chiang #50517
ACLU of Washington Foundation
901 Fifth Avenue, Suite 630
Seattle, WA 98164
Telephone: (206) 624-2184
Echiang@aclu-wa.org

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[PROPOSED] ORDER REGARDING DISCOVERY DISPUTE
RELATING TO REQUESTS FOR PRODUCTION 23 AND 24

(No. 2:17-cv-00094-RAJ)– 8
138500114.2

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000

 Case 2:17-cv-00094-RAJ Document 105-1 Filed 02/06/18 Page 9 of 9

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CERTIFICATE OF SERVICE

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The undersigned certifies that on the dated indicated below, I caused service of the

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foregoing [PROPOSED] ORDER REGARDING DISCOVERY DISPUTE RELATING TO

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REQUESTS FOR PRODUCTION 23 AND 24 via the CM/ECF system that will automatically

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send notice of such filing to all counsel of record herein.

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DATED this 6th day of February, 2018, at Seattle, Washington.

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By: s/David A. Perez
David A Perez, 43959
Attorneys for Plaintiffs
Perkins Coie LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: 206.359.8000
Facsimile: 206.359.9000
Email: DPerez@perkinscoie.com

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CERTIFICATE OF SERVICE
(No. 2:17-cv-00094-RAJ) – 1
Perkins Coie LLP

138500114.2

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: 206.359.8000
Fax: 206.359.9000