Case 2:17-cv-00094-RAJ Document 158 Filed 04/23/18 Page 1 of 6 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 15 16 17 18 19 20 21 22 23 24 25 26 No. 17-cv-00094 RAJ DECLARATION OF DAVID A. PEREZ IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ EMERGENCY MOTION FOR STAY PENDING APPELLATE REVIEW Defendants. I, David A. Perez, hereby declare: 1. I have personal knowledge of the facts stated below and am competent to testify regarding the same. I am one of the attorneys for Plaintiffs in this matter. 2. On the afternoon of Friday, April 20, 2018, counsel for Defendants called counsel for Plaintiffs to inform them that Defendants would be filing an emergency motion for stay and motion for reconsideration to be noted for same day consideration. 3. Counsel for Plaintiffs followed up by e-mail to explain that we believed that the motion Defendants sought to file was one for relief from a deadline that should be noted as a second Friday motion under LCR 7(d)(2). We further explained that because this issue has been litigated for some time, we do not think an “unforeseen emergency” exists that would allow for filing the motion on an emergency basis under LCR 7(j). Plaintiffs then offered to meet and DECLARATION OF DAVID A. PEREZ (No. 17-cv-00094 RAJ) – 1 139538578.1 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 158 Filed 04/23/18 Page 2 of 6 1 confer regarding this issue. Attached as Exhibit A is a true and correct copy of the April 20, 2 2018 e-mail. 3 4. Counsel spoke by telephone shortly thereafter. Counsel for Plaintiffs again 4 reiterated that we considered this motion to be a motion for relief from a deadline and asked 5 Defendants’ counsel what was the emergency that called for Defendants’ motion to be noted on 6 the day it was filed. Counsel for Defendants’ sole explanation was that they had only just 7 received clearance from the Solicitor General’s office to seek mandamus relief. When we noted 8 that the last sentence of LCR 7(j) would then require us to discuss a possible stipulation 9 extending the deadline sufficiently that Defendants’ motion would not have to be noted on an 10 emergency basis, counsel for Defendants supplemented their position to note that they did not 11 consider their motion to be one from relief from a deadline, and thus they did not believe LCR 12 7(j) to be applicable. We then suggested that if it was not a motion for relief from a deadline, it 13 should be noted as a three-week motion under the Local Rules; to this, counsel for Defendants 14 had no response and insisted that they were entitled to file the motion as a same-day motion. 15 5. Defendants did not disclose during our discussions on Friday, April 20, that they 16 would be asking for a decision from the Court by the end of the next business day Monday, April 17 23. We only learned of this when we received the filed motion in the late afternoon on Friday. 18 The nature of the Defendants’ motion, and the fact that it is accompanied by two declarations, 19 suggests that counsel for Defendants were working on it for several days prior to notifying us 20 that they were going to file same. We have endeavored to provide as comprehensive a response 21 that we could muster over the course of the weekend. 22 23 EXECUTED this 23rd day of April 2018, at Seattle, Washington. 24 /s/ David A. Perez David A. Perez 25 26 DECLARATION OF DAVID A. PEREZ (No. 17-cv-00094 RAJ) – 2 139538578.1 Case 2:17-cv-00094-RAJ Document 158 Filed 04/23/18 Page 3 of 6 1 2 3 4 5 6 7 CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below, I caused service of the foregoing DECLARATION OF DAVID A. PEREZ IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ EMERGENCY MOTION FOR STAY PENDING APPELLATE REVIEW via the CM/ECF system that will automatically send notice of such filing to all counsel of record herein. DATED this 23rd day of April 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 139538578.1 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.35.8000 Fax: 206.359.9000 Case Document 158 Filed 04/23/18 Page 4 of 6 EXHIBIT A Case 2:17-cv-00094-RAJ Document 158 Filed 04/23/18 Page 5 of 6 From: To: Subject: Date: carrp-eo@nwirp.org carrp-eo@nwirp.org FW: Wagafe Friday, April 20, 2018 3:18:42 PM From: Flentje, August (CIV) [mailto:August.Flentje@usdoj.gov] Sent: Friday, April 20, 2018 3:13 PM To: Gellert, Nicholas (SEA) Cc: White, Edward S. (CIV) ; Petty, Aaron (CIV) Subject: RE: Wagafe Clarification – we are asking for a stay pending appeal, rather than relief from a deadline. Call if you would like to discuss further—202-514-3309. Auggie From: Gellert, Nicholas (Perkins Coie) [mailto:NGellert@perkinscoie.com] Sent: Friday, April 20, 2018 5:41 PM To: Flentje, August (CIV) Cc: White, Edward S. (CIV) ; Petty, Aaron (CIV) Subject: Wagafe Importance: High I now have had a moment to consider the motion that you advised us this afternoon you were going to file with the Western District of Washington. We believe the motion you are filing is for relief from a deadline and should be filed as a second Friday motion under Local Rule 7(d)(2). Given that this issue has been litigated for some time, we do not think an “unforeseen emergency” exists that would allow for the filing of the motion on an emergency basis under Local Rule 7(j). If you disagree, then we should meet and confer on that issue. I may want some of my colleagues to join us if we have such a call, so please let me know in advance if you think such a meet and confer is warranted. Thanks, Nick Gellert 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. -You received this message because you are subscribed to the Google Groups "carrp-eo" group. To unsubscribe from this group and stop receiving emails from it, send an email to carrp- Case Document 158 Filed 04/23/18 Page 6 of 6 ri ni r.