Case 2:17-cv-00094-RAJ Document 128 Filed 03/07/18 Page 1 of 4 1 THE HONORABLE RICHARD A. JONES 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 11 12 13 ABDIQAFAR WAGAFE, et al., on behalf of themselves and others similarly situated, Plaintiffs, v. DONALD TRUMP, President of the United States, et al., 14 No. 17-cv-00094 RAJ DECLARATION OF DAVID A. PEREZ IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ MOTION FOR PROTECTIVE ORDER RE CLASS LIST Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 DECLARATION OF DAVID A. PEREZ (No. 17-cv-00094 RAJ) – 1 138901256.1 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.35.8000 Fax: 206.359.9000 Case 2:17-cv-00094-RAJ Document 128 Filed 03/07/18 Page 2 of 4 1 I, David A. Perez, hereby declare: 2 1. I have personal knowledge of the facts stated below and am competent to testify 3 regarding the same. I am one of the attorneys for Plaintiffs in this matter, Wagafe v. Trump, 4 No. 17-cv-00094 RAJ. 5 6 7 2. Attached as EXHIBIT A is a true and correct copy of two e-mails I sent to Defendants’ counsel asking about the class list. Defendants did not respond to either message. 3. Attached as EXHIBIT B is a true and correct copy of an e-mail exchange with 8 Defendants’ counsel regarding their request for a meet and confer concerning the present 9 motion for protective order. 10 4. During the parties’ meet and confer concerning Defendants’ proposed protective 11 order, Defendants were unable to fully explain what relief they were seeking. In fact, 12 Defendants made clear they were unsure exactly what they would be asking for, but noted that 13 they would want additional protections for the names of each class members, and security 14 measures in place on how Plaintiffs’ counsel would store the list. At no point during the meet 15 and confer did Defendants disclose that they would be seeking protections for the application 16 dates of each class member. In fact, Plaintiffs did not know that application dates would be 17 included in Defendants’ motion until two hours before the motion was filed; and did not 18 receive Defendants’ basis for including that information until after the motion was filed. 19 5. Attached as EXHIBIT C is a true and correct copy of an e-mail exchange 20 between me and Defendants’ counsel. Earlier in the morning, during the parties’ meet and 21 confer, I had asked Defendants to identify what exactly they were planning to ask the Court for 22 in their motion. They were unable to answer the question. So I asked them tell us what pieces 23 of information in the Class List they anticipated asking for additional protection. In this 24 exchange Defendants finally answered that question at 4:21 p.m. PST, only a couple hours 25 before filing their motion. 26 DECLARATION OF DAVID A. PEREZ (No. 17-cv-00094 RAJ) – 1 138901256.1 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.35.8000 Fax: 206.359.9000 Case 2:17-cv-00094-RAJ Document 128 Filed 03/07/18 Page 3 of 4 1 6. On March 5, 2018, Defendants produced a class list that fully redacted the names, 2 A-file numbers, and application dates for each person. Plaintiffs were not aware that 3 Defendants would be producing a redacted list. 4 5 EXECUTED this 7th day of March, 2018, at Seattle, Washington. 6 /s/ David A. Perez David A. Perez 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DECLARATION OF DAVID A. PEREZ (No. 17-cv-00094 RAJ) – 2 138901256.1 Case 2:17-cv-00094-RAJ Document 128 Filed 03/07/18 Page 4 of 4 1 CERTIFICATE OF SERVICE 2 3 4 5 6 7 The undersigned certifies that on the dated indicated below, I caused service of the foregoing DECLARATION OF DAVID A. PEREZ IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ MOTION FOR PROTECTIVE ORDER RE CLASS LIST via the CM/ECF system that will automatically send notice of such filing to all counsel of record herein. DATED this 7th day of March, 2018, at Seattle, Washington. 8 9 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CERTIFICATE OF SERVICE (No. 17-cv-00094 RAJ) – 1 138901256.1 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.35.8000 Fax: 206.359.9000 Case Document 128-1 Filed 03/07/18 Page 1 of 16 EXHIBIT A Case 2:17-cv-00094-RAJ Document 128-1 Filed 03/07/18 Page 2 of 16 From: To: Cc: Subject: Date: Perez, David A. (SEA) White, Edward S. (CIV) (Edward.S.White@usdoj.gov); Carilli, Joseph F. (CIV) (Joseph.F.Carilli2@usdoj.gov); Petty, Aaron (CIV) (Aaron.R.Petty@usdoj.gov) Jennie Pasquarella (JPasquarella@ACLUSOCAL.ORG); Sameer Ahmed (SAhmed@ACLUSOCAL.ORG); Gellert, Nicholas (SEA); Hennessey, Laura K. (SEA) RE: Wagafe v. Trump: class list Monday, February 5, 2018 10:57:00 PM Ed, We still haven’t received a class list pursuant to the Court’s Order on October 19, 2017. We’re going on four months since that order, and seven months since class certification. Do you plan on producing one this week? David From: Perez, David A. (SEA) Sent: Thursday, February 01, 2018 4:21 PM To: White, Edward S. (CIV) (Edward.S.White@usdoj.gov); Carilli, Joseph F. (CIV) (Joseph.F.Carilli2@usdoj.gov); Petty, Aaron (CIV) (Aaron.R.Petty@usdoj.gov) Cc: Jennie Pasquarella (JPasquarella@ACLUSOCAL.ORG); Sameer Ahmed (SAhmed@ACLUSOCAL.ORG); Gellert, Nicholas (SEA) Subject: Wagafe v. Trump: class list Hi Ed, The Court’s October 19, 2017, order compelled Defendants to produce a class list. The Court denied Defendants’ motion for reconsideration on this issue. We have yet to receive a class list. Please produce the full class list on Monday, February 5, 2018. David A. Perez Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Case 2:17-cv-00094-RAJ Document 128-1 Filed 03/07/18 Page 3 of 16 p: 206.359.6767 f: 206.359.7767 e: DPerez@perkinscoie.com http://www.perkinscoie.com/dperez/ Case Document 128-1 Filed 03/07/18 Page 4 of 16 EXHIBIT Case 2:17-cv-00094-RAJ Document 128-1 Filed 03/07/18 Page 5 of 16 From: To: Cc: Subject: Date: White, Edward S. (CIV) Gellert, Nicholas (SEA) Sameer Ahmed (SAhmed@ACLUSOCAL.ORG); Hennessey, Laura K. (SEA); Jennie Pasquarella (JPasquarella@ACLUSOCAL.ORG); Matt Adams (matt@nwirp.org); Carilli, Joseph F. (CIV); Petty, Aaron (CIV); Perez, David A. (SEA) RE: Request to Meet and Confer Wednesday, February 28, 2018 6:21:01 PM Nick, Thanks for your email. I will tonight communicate your position below to our clients, and seek to follow up with them in the morning in advance of our telephone conference. That said, I do not expect them to agree to your position that class counsel must be allowed to tell any individual whether or not they are a class member. That would, I think, largely defeat the purpose of the restriction we seek via the Attorneys’ Eyes Only order, and present the risks we are attempting to avoid (though, I suppose, disclosing to an individual only that that individual is a class member would do somewhat less damage than wholesale release of the entire list of names). We also believe that, even under the existing protective order, you would be prohibited from disclosing to unnamed class members whether they are on the list. We gather you disagree with that view. I suppose that is something we can discuss tomorrow. While the Court rejected Defendants’ assertion of a law enforcement privilege to neither confirm nor deny whether any individual is subject to CARRP, the information nevertheless remains very sensitive, nonpublic “for official use only” information that we believe presents risks if disclosed to the individuals concerned. Given those facts, we are compelled to ask the Court to provide additional clarity and protection for this information, as the Court invited the parties to do in its October 19th order. That said, we would of course be interested in any ideas you might have as to how we might be able to both protect the identities of class members and allow you to get the information / evidence you think you need from class members. I’ll look forward to our call tomorrow. Ed From: Gellert, Nicholas (Perkins Coie) [mailto:NGellert@perkinscoie.com] Sent: Wednesday, February 28, 2018 6:19 PM To: White, Edward S. (CIV) ; Perez, David A. (Perkins Coie) Cc: Sameer Ahmed (SAhmed@ACLUSOCAL.ORG) ; Hennessey, Laura K. (Perkins Coie) ; Jennie Pasquarella (JPasquarella@ACLUSOCAL.ORG) ; Matt Adams (matt@nwirp.org) ; Carilli, Joseph F. (CIV) ; Petty, Aaron (CIV) Subject: RE: Request to Meet and Confer Ed, et al.: We remain a bit perplexed about the vagueness of defendants’ position. Nevertheless, we are willing to consider defendants’ request that it produce certain information regarding the identity of class members on an attorneys’ eyes only basis, subject to later challenge and defendants maintaining burden of proving need for the designation. However, consistent with our motion to compel on this issue, we must insist that class counsel be allowed to tell any individual whether or not they are a class member. The Court has already twice rejected defendants’ assertion of privilege over whether an individual can be informed if they are subject to CARRP. But we would agree that the list as a whole could not be shared with either Case 2:17-cv-00094-RAJ Document 128-1 Filed 03/07/18 Page 6 of 16 the named plaintiffs or any class member. Why don’t you draft a supplement to the protective order to address this? Nick From: White, Edward S. (CIV) [mailto:Edward.S.White@usdoj.gov] Sent: Wednesday, February 28, 2018 6:20 AM To: Perez, David A. (SEA) Cc: Sameer Ahmed (SAhmed@ACLUSOCAL.ORG); Hennessey, Laura K. (SEA); Gellert, Nicholas (SEA); Jennie Pasquarella (JPasquarella@ACLUSOCAL.ORG); Matt Adams (matt@nwirp.org); Carilli, Joseph F. (CIV); Petty, Aaron (CIV) Subject: RE: Request to Meet and Confer Thanks. From: Perez, David A. (Perkins Coie) [mailto:DPerez@perkinscoie.com] Sent: Tuesday, February 27, 2018 6:50 PM To: White, Edward S. (CIV) Cc: Sameer Ahmed (SAhmed@ACLUSOCAL.ORG) ; Hennessey, Laura K. (Perkins Coie) ; Gellert, Nicholas (Perkins Coie) ; Jennie Pasquarella (JPasquarella@ACLUSOCAL.ORG) ; Matt Adams (matt@nwirp.org) ; Carilli, Joseph F. (CIV) ; Petty, Aaron (CIV) Subject: RE: Request to Meet and Confer Ed, I’ll send an invite and a conference line. David From: White, Edward S. (CIV) [mailto:Edward.S.White@usdoj.gov] Sent: Tuesday, February 27, 2018 3:47 PM To: Perez, David A. (SEA) Cc: Sameer Ahmed (SAhmed@ACLUSOCAL.ORG); Hennessey, Laura K. (SEA); Gellert, Nicholas (SEA); Jennie Pasquarella (JPasquarella@ACLUSOCAL.ORG); Matt Adams (matt@nwirp.org); Carilli, Joseph F. (CIV); Petty, Aaron (CIV) Subject: RE: Request to Meet and Confer David, Let’s plan to meet and confer on Thursday, 1 March, at 9 a.m., PST. I will send a call-in number once I have it. We are disappointed that you won’t agree to talk tomorrow, as we requested last week, but we do want to make every effort to comply with the Court’s meet-and-confer requirements before filing any motion. As I told you previously, we intend to ask the Court to restrict disclosure of the identifying information contained in the Class list(s) to “attorneys’ eyes only.” Whether that is best done as an amendment to the current protective order or as a separate protective order addressed solely to the Class List we can discuss when we meet and confer, assuming that would be a limitation to which Case 2:17-cv-00094-RAJ Document 128-1 Filed 03/07/18 Page 7 of 16 you might agree. I do not anticipate that we will be asserting a formal privilege. For the record, I recall saying, when we met in Seattle, that we were consulting with third-party government agencies over the risks to their interests from the disclosure of the identities of the class members, and that we may need to seek additional protections from the Court. I also told the Court essentially the same thing on the record during our telephonic hearing on 14 February. Ed From: Perez, David A. (Perkins Coie) [mailto:DPerez@perkinscoie.com] Sent: Tuesday, February 27, 2018 4:56 PM To: White, Edward S. (CIV) Cc: Sameer Ahmed (SAhmed@ACLUSOCAL.ORG) ; Hennessey, Laura K. (Perkins Coie) ; Gellert, Nicholas (Perkins Coie) ; Jennie Pasquarella (JPasquarella@ACLUSOCAL.ORG) ; Matt Adams (matt@nwirp.org) ; Carilli, Joseph F. (CIV) ; Petty, Aaron (CIV) Subject: RE: Request to Meet and Confer Hi Ed, I’ve said several times we can’t confer on the fly, and need to know what it is you’re wanting to meet and confer about. We’ve been very responsive (minutes on our end, v. hours or days on your end). It sounds like you’re not going to tell us what you intend on asking for in your proposed motion. If you told us in advance (i.e., when you requested the meet and confer last week), it would make our meet and confer far more substantive. The vague concerns you mentioned in Seattle did not reference any motion or relief, and you never followed up about those concerns until Friday—again, only in vague terms. Your e-mails below haven’t clarified much. The Court ordered this list produced back in October 2017—you’ve had plenty of time to spell out these concerns. We are not available tomorrow, but we can agree to begin our meet and confer on Thursday. We can’t commit to ending it then because we will need time to check in with our team about any proposed compromises, pursuant to the judge’s standing order. We are available to begin this meet and confer on Thursday between 9 a.m. to 11 a.m. PST or 12:30 p.m. and 1:30 p.m. PST. Let us know which of those windows work for you, or if we need to push the commencement of the meet and confer to Friday. In advance of our call we request, again, that you tell us precisely what you intend on asking for in your proposed motion—are you seeking to amend the protective order? Are you seeking to assert a privilege? If so, which privilege? The level of specificity you provide for us in advance of the call will affect how quickly we can complete the meet and confer process. Case 2:17-cv-00094-RAJ Document 128-1 Filed 03/07/18 Page 8 of 16 Best, David From: White, Edward S. (CIV) [mailto:Edward.S.White@usdoj.gov] Sent: Tuesday, February 27, 2018 1:44 PM To: Perez, David A. (SEA) Cc: Sameer Ahmed (SAhmed@ACLUSOCAL.ORG); Hennessey, Laura K. (SEA); Gellert, Nicholas (SEA); Jennie Pasquarella (JPasquarella@ACLUSOCAL.ORG); Matt Adams (matt@nwirp.org); Carilli, Joseph F. (CIV); Petty, Aaron (CIV) Subject: RE: Request to Meet and Confer David, In accordance with the Court’s standing order, we contacted you, last Friday, to arrange a mutually convenient time precisely so that we could discuss the substance of the proposed motion. Rather than provide us your availability for that meeting, you have instead insisted that we conduct a detailed “meet-and-confer” via email before you will even schedule a telephone conference to actually meet and confer. We have told you the nature of our prospective motion, and you have known since at least February 8th, when we meet in Seattle, that the Government has concerns that the release of the identities of class members could endanger important government interests. And, in fact, the Court’s October 19, 2017 order anticipated that it might be necessary to provide additional protections for the discovery of class member identities. We now seek, in compliance with the Court’s standing order, to have a telephonic conference with you to confer about those concerns/that prospective motion. So, again, I ask you to tell me when tomorrow you are available to meet and confer. Or, are you refusing to conduct a telephone conference on this issue? Ed From: Perez, David A. (Perkins Coie) [mailto:DPerez@perkinscoie.com] Sent: Tuesday, February 27, 2018 1:05 PM To: White, Edward S. (CIV) Cc: Sameer Ahmed (SAhmed@ACLUSOCAL.ORG) ; Hennessey, Laura K. (Perkins Coie) ; Gellert, Nicholas (Perkins Coie) ; Jennie Pasquarella (JPasquarella@ACLUSOCAL.ORG) ; Matt Adams (matt@nwirp.org) ; Carilli, Joseph F. (CIV) ; Petty, Aaron (CIV) Subject: RE: Request to Meet and Confer Hi Ed, As this e-mail string shows, our responses to you have been within minutes of your e-mails, while you have taken between 12 hours and three days to respond to our questions. We’ve Case 2:17-cv-00094-RAJ Document 128-1 Filed 03/07/18 Page 9 of 16 been asking you since last Friday for information about what exactly you want to confer about. I asked you on Friday for this information “well in advance” of any call to allow us to prepare, and to make sure we have the right people on the call. Until this morning you were withholding any details about that. How can we confer about something on the fly? Here’s the language from Judge Jones’s standing order: 5. Meet and Confer Requirement: For all cases, except applications for temporary restraining orders, counsel contemplating the filing of any motion shall first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution. The Court construes this requirement strictly. Half-hearted attempts at compliance with this rule will not satisfy counsel’s obligation. The parties must discuss the substantive grounds for the motion and attempt to reach an accord that would eliminate the need for the motion. (emphasis in original). We can’t thoroughly discuss the substance of your contemplated motion, much less consider any potential resolution that would obviate the need for your motion, without knowing what the substance of your contemplated motion will be. Even now you’re holding back on what you may be asking for, which would make this meet and confer a “half-hearted” attempt to comply with Judge Jones’s rule. At this point it looks like you simply want to produce the list subject to the protective order, or subject to an amendment to the protective order. If you intend on asking to amend the protective order, you should send us a proposed redline, and the basis for those redlines. But it’s not clear from your e-mail whether you’re asking for that. Are you? But if you intend on redacting particular names (i.e., blocking even Plaintiffs’ counsel from seeing the names), we want to know that, and we want to know the proposed basis for those redactions, before going into a meet and confer so that we can prepare accordingly, and have the right people on the call. Are you re-asserting a privilege that the Court has already rejected? Is there some new basis you haven’t previously disclosed? We need to know that. At this point it sounds like you’re not ready to confer because you don’t even know the substance of what you want to confer about. Your e-mail below shows that you’re still discussing it internally. Let us know when you have that information so that we can get a call scheduled. Thanks, David From: White, Edward S. (CIV) [mailto:Edward.S.White@usdoj.gov] Sent: Tuesday, February 27, 2018 9:40 AM To: Perez, David A. (SEA) Cc: Sameer Ahmed (SAhmed@ACLUSOCAL.ORG); Hennessey, Laura K. (SEA); Gellert, Nicholas (SEA); Jennie Pasquarella (JPasquarella@ACLUSOCAL.ORG); Matt Adams (matt@nwirp.org); Carilli, Joseph F. (CIV); Petty, Aaron (CIV) Subject: RE: Request to Meet and Confer Case 2:17-cv-00094-RAJ Document 128-1 Filed 03/07/18 Page 10 of 16 Importance: High David, At this point, we expect we would ask the court to restrict disclosure of the identifying information contained in the Class list(s) to “attorneys’ eyes only,” and limit any use of the list(s) solely to this case. We are still determining whether we might need to ask the Court to permit us to redact particular names. Please provide me with you availability for a telephone conference on Wednesday at your earliest opportunity. We asked to schedule this call last Friday, and you have still not informed us of your availability. Ed From: Perez, David A. (Perkins Coie) [mailto:DPerez@perkinscoie.com] Sent: Monday, February 26, 2018 10:13 PM To: White, Edward S. (CIV) Cc: Sameer Ahmed (SAhmed@ACLUSOCAL.ORG) ; Hennessey, Laura K. (Perkins Coie) ; Gellert, Nicholas (Perkins Coie) ; Jennie Pasquarella (JPasquarella@ACLUSOCAL.ORG) ; Matt Adams (matt@nwirp.org) ; Carilli, Joseph F. (CIV) ; Petty, Aaron (CIV) Subject: Re: Request to Meet and Confer Ed, I’m not sure why it’s taking you so long to give us details. If you want to confer in good faith, you need to tell us what it is you plan on requesting so we can make sure we have the right people on the line, and prepare accordingly in terms of checking in with our team and conducting research. We’ve been asking you for details since last Friday. Can you just tell us what you plan on requesting with respect to changes to the Protective Order? On Feb 26, 2018, at 6:35 PM, White, Edward S. (CIV) wrote: David, We want to discuss possibilities to implement the Court's suggestion to supplement the protective order with respect to class members' identifying information. Ed Sent from my Verizon, Samsung Galaxy smartphone Case 2:17-cv-00094-RAJ Document 128-1 Filed 03/07/18 Page 11 of 16 -------- Original message -------From: "Perez, David A. (Perkins Coie)" Date: 2/26/18 11:09 AM (GMT-05:00) To: "White, Edward S. (CIV)" Cc: "Sameer Ahmed (SAhmed@ACLUSOCAL.ORG)" , "Hennessey, Laura K. (Perkins Coie)" , "Gellert, Nicholas (Perkins Coie)" , "Jennie Pasquarella (JPasquarella@ACLUSOCAL.ORG)" , "Matt Adams (matt@nwirp.org)" , "Carilli, Joseph F. (CIV)" , "Petty, Aaron (CIV)" Subject: Re: Request to Meet and Confer Ed, Please tell us what sort of relief the protective order would be seeking so that we can prepare for a call. On Feb 26, 2018, at 7:35 AM, White, Edward S. (CIV) wrote: David, We need to meet and confer over a prospective motion for a protective order concerning the list of class members, and the likelihood that we may seek leave to file supporting materials under seal and/or ex parte. As we told you in Seattle on February 8th, third-party government agencies have been evaluating how the disclosure of the identities of the class members might endanger or put at risk their interests. Our prospective protective order motion will be designed to protect against dangers and risks. Ed From: Perez, David A. (Perkins Coie) [mailto:DPerez@perkinscoie.com] Sent: Friday, February 23, 2018 6:27 PM To: White, Edward S. (CIV) Cc: Sameer Ahmed (SAhmed@ACLUSOCAL.ORG) ; Hennessey, Laura K. (Perkins Coie) ; Gellert, Nicholas (Perkins Coie) ; Jennie Pasquarella (JPasquarella@ACLUSOCAL.ORG) ; Matt Adams (matt@nwirp.org) ; Carilli, Joseph F. (CIV) ; Petty, Aaron (CIV) Subject: Re: Request to Meet and Confer Ed, I don’t know yet if we’re available that day. What is the express purpose of the meet and confer? We’d like to know that in detail well in advance so we can prepare. On Feb 23, 2018, at 3:24 PM, White, Edward S. (CIV) wrote: Case 2:17-cv-00094-RAJ Document 128-1 Filed 03/07/18 Page 12 of 16 David, In the Wagafe case, we request to meet and confer with you on Wednesday, 28 February 2018, concerning the production of the Class Member List. We are otherwise booked from 2:30 to 3:00 p.m., EST, that day, but should otherwise be available. If you let me know what time works for you, I’ll arrange a conference line. Regards, Ed Edward S. White Senior Counsel for National Security / Senior Litigation Counsel National Security & Affirmative Litigation Unit Office of Immigration Litigation–District Court Section Civil Division United States Department of Justice Post Office Box 868 Ben Franklin Station Washington, D.C. 20044-0868 (direct) 202-616-9131 (fax) 202-305-7000 NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the Case 2:17-cv-00094-RAJ Document 128-1 Filed 03/07/18 Page 13 of 16 sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. Case Document 128-1 Filed 03/07/18 Page 14 of 16 EXHIBIT Case 2:17-cv-00094-RAJ Document 128-1 Filed 03/07/18 Page 15 of 16 From: To: Cc: Subject: Date: White, Edward S. (CIV) Perez, David A. (SEA) Gellert, Nicholas (SEA); Jennie Pasquarella (JPasquarella@ACLUSOCAL.ORG); Sameer Ahmed (SAhmed@ACLUSOCAL.ORG); Petty, Aaron (CIV); Hennessey, Laura K. (SEA); Carilli, Joseph F. (CIV) RE: Wagafe, et al. v. Trump, et al., No. 17-00094 (W.D. Wash.) -- Data Fields in Class List Thursday, March 1, 2018 7:50:25 PM David, The application filing date, together with other biographic information that would be provided on the class list, would also be sufficient to allow an individual to identify him or herself. Ed From: Perez, David A. (Perkins Coie) [mailto:DPerez@perkinscoie.com] Sent: Thursday, March 01, 2018 8:33 PM To: White, Edward S. (CIV) Cc: Gellert, Nicholas (Perkins Coie) ; Jennie Pasquarella (JPasquarella@ACLUSOCAL.ORG) ; Sameer Ahmed (SAhmed@ACLUSOCAL.ORG) ; Petty, Aaron (CIV) ; Hennessey, Laura K. (Perkins Coie) ; Carilli, Joseph F. (CIV) Subject: RE: Wagafe, et al. v. Trump, et al., No. 17-00094 (W.D. Wash.) -- Data Fields in Class List What’s the basis for the received date? That’s not identifying. Can you explain that? And is it your position that if received date is subject to AE that we would be unable to discuss how long applications have been pending? From: White, Edward S. (CIV) [mailto:Edward.S.White@usdoj.gov] Sent: Thursday, March 01, 2018 5:31 PM To: Perez, David A. (SEA) Cc: Gellert, Nicholas (SEA); Jennie Pasquarella (JPasquarella@ACLUSOCAL.ORG); Sameer Ahmed (SAhmed@ACLUSOCAL.ORG); Petty, Aaron (CIV); Hennessey, Laura K. (SEA); Carilli, Joseph F. (CIV) Subject: RE: Wagafe, et al. v. Trump, et al., No. 17-00094 (W.D. Wash.) -- Data Fields in Class List David, We will be asking to apply the Attorneys’ Eyes Only restrictions to: Name (First & Last) A-Number Received date (i.e. application filing date) Ed From: Perez, David A. (Perkins Coie) [mailto:DPerez@perkinscoie.com] Sent: Thursday, March 01, 2018 8:16 PM To: Carilli, Joseph F. (CIV) Case 2:17-cv-00094-RAJ Document 128-1 Filed 03/07/18 Page 16 of 16 Cc: Gellert, Nicholas (Perkins Coie) ; Jennie Pasquarella (JPasquarella@ACLUSOCAL.ORG) ; Sameer Ahmed (SAhmed@ACLUSOCAL.ORG) ; White, Edward S. (CIV) ; Petty, Aaron (CIV) ; Hennessey, Laura K. (Perkins Coie) Subject: RE: Wagafe, et al. v. Trump, et al., No. 17-00094 (W.D. Wash.) -- Data Fields in Class List Joe, We also asked you to identify the fields that you want subjected to Attorneys’ Eyes Only. Presumably it’s not all that information. You had said you would tell us that before filing any motion. Please clarify as soon as possible. David From: Carilli, Joseph F. (CIV) [mailto:Joseph.F.Carilli2@usdoj.gov] Sent: Thursday, March 01, 2018 4:21 PM To: Perez, David A. (SEA) Cc: Gellert, Nicholas (SEA); Jennie Pasquarella (JPasquarella@ACLUSOCAL.ORG); Sameer Ahmed (SAhmed@ACLUSOCAL.ORG); White, Edward S. (CIV); Petty, Aaron (CIV); Hennessey, Laura K. (SEA) Subject: Wagafe, et al. v. Trump, et al., No. 17-00094 (W.D. Wash.) -- Data Fields in Class List Counsel, Good afternoon. As requested during the meet and confer conducted earlier today, Defendant USCIS confirmed that the data fields are: (1) Form Number; (2) A-Number; (3) Last Name; (4) First Name; (5) Age; (6) Sex; (7) Country of Birth; (8) Country of Citizenship; (9) Ethnicity (ELIS Filings Only); (10) Received Date; and (11) Current Status. Please have a nice evening. Regards, Joseph Carilli NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.