Case 2:17-cv-00178-JLR Document 99 Filed 01/04/18 Page 1 of 4

The Honorable James L. Robart

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JOHN DOE, et al.,
Plaintiffs,

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v.
DONALD TRUMP, et al.,
Defendants.

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JEWISH FAMILY SERVICE OF
SEATTLE, et al.,
Plaintiffs,

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Civil Action No. 2:17-cv-00178JLR

v.

Civil Action No. 2:17-cv-01707JLR
NOTICE OF APPEAL
(RELATING TO BOTH CASES)

DONALD TRUMP, et al.,
Defendants.

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NOTICE OF APPEAL
Doe, et al. v. Trump, et al., No. 2:17-cv-00178 (JLR)
Jewish Family Service of Seattle, et al. v. Trump, et al., No. 2:17-cv-01707 (JLR)

U.S. DEPARTMENT OF JUSTICE
20 Massachusetts Ave., NW
Washington, DC 20530
Tel: (202) 514-3259

 Case 2:17-cv-00178-JLR Document 99 Filed 01/04/18 Page 2 of 4

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PLEASE TAKE NOTICE that Defendants Donald Trump, in his official capacity as

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President of the United States; the U.S. Department of State; Rex Tillerson, in his official capacity

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as Secretary of State; the U.S. Department of Homeland Security; Kirstjen Nielsen, in her official

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capacity as Secretary of Homeland Security;1 U.S. Customs and Border Protection (CBP); Kevin

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McAleenan, in his official capacity as Acting Commissioner of CBP; Michele James, in her

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official capacity as Field Director of the Seattle Field Office of CBP; the Office of the Director of

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National Intelligence; and Daniel Coats, Director of National Intelligence, hereby appeal to the

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United States Court of Appeals for the Ninth Circuit from the December 23, 2017, Order (ECF

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No. 92) enjoining and restraining enforcement of portions of the October 23, 2017, Memorandum

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to the President (described in this Court’s Order as the “Agency Memo”).2

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DATED: January 4, 2018

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CHAD A. READLER
Acting Assistant Attorney General

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JENNIFER D. RICKETTS
Director, Federal Programs Branch

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JOHN R. TYLER
Assistant Director, Federal Programs Branch

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/s/ Joseph C. Dugan
MICHELLE R. BENNETT
DANIEL SCHWEI
KEVIN SNELL
JOSEPH C. DUGAN
Trial Attorneys
U.S. Department of Justice

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Respectfully submitted,

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Plaintiffs sued Elaine Duke in her official capacity as then–Acting Secretary of
Homeland Security. Pursuant to Federal Rule of Civil Procedure 25(d), Secretary Nielsen was
automatically substituted as a Defendant in this action following her confirmation on December
5, 2017.
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As of this filing, the Court has not yet ruled on Defendants’ Motion for Reconsideration
(ECF No. 93). The Court retains jurisdiction to rule on that pending motion despite the filing of
this Notice of Appeal. See nSight, Inc. v. PeopleSoft, Inc., 296 F. App’x 555, 559 (9th Cir. 2008)
(“If a party files a timely motion under Rule 59(e), the district court retains jurisdiction to consider
the motion, and the time to appeal is tolled until an order is entered on the motion.”).
NOTICE OF APPEAL - 1
Doe, et al. v. Trump, et al., No. 2:17-cv-00178 (JLR)
Jewish Family Service of Seattle, et al. v. Trump, et al., No. 2:17-cv-01707 (JLR)

U.S. DEPARTMENT OF JUSTICE
20 Massachusetts Ave., NW
Washington, DC 20530
Tel: (202) 514-3259

 Case 2:17-cv-00178-JLR Document 99 Filed 01/04/18 Page 3 of 4

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Civil Division, Federal Programs Branch
20 Massachusetts Avenue, NW
Washington, DC 20530
Tel: (202) 514-3259
Fax: (202) 616-8470
Email: joseph.dugan@usdoj.gov
Attorneys for Defendants

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NOTICE OF APPEAL - 2
Doe, et al. v. Trump, et al., No. 2:17-cv-00178 (JLR)
Jewish Family Service of Seattle, et al. v. Trump, et al., No. 2:17-cv-01707 (JLR)

U.S. DEPARTMENT OF JUSTICE
20 Massachusetts Ave., NW
Washington, DC 20530
Tel: (202) 514-3259

 Case 2:17-cv-00178-JLR Document 99 Filed 01/04/18 Page 4 of 4

CERTIFICATE OF SERVICE

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I certify that on January 4, 2018, a copy of the foregoing document was electronically filed
with the Clerk of the Court using the CM/ECF system, which will send notification of such filing
to all counsel of record.
DATED this 4th day of January, 2018.
/s/ Joseph C. Dugan
JOSEPH C. DUGAN

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NOTICE OF APPEAL - 3
Doe, et al. v. Trump, et al., No. 2:17-cv-00178 (JLR)
Jewish Family Service of Seattle, et al. v. Trump, et al., No. 2:17-cv-01707 (JLR)

U.S. DEPARTMENT OF JUSTICE
20 Massachusetts Ave., NW
Washington, DC 20530
Tel: (202) 514-3259