Case 2:17-cv-00178-JLR Document 104 Filed 01/05/18 Page 1 of 4 The Honorable James L. Robart 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 JOHN DOE, et al., Plaintiffs, 11 12 13 v. DONALD TRUMP, et al., Defendants. 14 15 16 JEWISH FAMILY SERVICE OF SEATTLE, et al., Plaintiffs, 17 18 19 20 Civil Action No. 2:17-cv-00178JLR v. DONALD TRUMP, et al., Civil Action No. 2:17-cv-01707JLR DEFENDANTS’ NOTICE REGARDING EMERGENCY MOTION FOR STAY (RELATING TO BOTH CASES) Defendants. 21 22 23 24 25 26 DEFS.’ NOTICE REGARDING EMERGENCY MOT. FOR STAY 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 104 Filed 01/05/18 Page 2 of 4 1 On December 27, 2017, Defendants filed a Motion for Reconsideration Concerning the 2 Scope of the Preliminary Injunction. (ECF No. 93.) Thereafter, on December 29, 2017, 3 Defendants filed an Emergency Motion for Stay of Preliminary Injunction Pending Appeal. (ECF 4 No. 95.) Plaintiffs filed a joint response to the motion for reconsideration (ECF No. 98) and 5 individual responses to the stay motion (ECF Nos. 101, 102). On January 5, 2018, the Court 6 entered an Order denying the motion for reconsideration. (ECF No. 103.) Defendants’ stay 7 motion remains pending at this time. 8 Defendants now respectfully submit this Notice to request that the Court specifically 9 consider whether to stay that portion of its preliminary injunction Order that enjoins Defendants 10 from enforcing the challenged provisions of the Joint Memorandum against refugee applicants 11 whose sole connection to the United States is through resettlement assurance.1 While Defendants 12 maintain, for the reasons set forth in the pending motion, that a stay in full of the preliminary 13 injunction would be proper, a stay of the resettlement assurance portion of the injunction is 14 particularly warranted given the Supreme Court’s stay orders of materially similar rulings by both 15 the U.S. District Court for the District of Hawaii and the U.S. Court of Appeals for the Ninth 16 Circuit. Compare Trump v. Hawaii, 138 S. Ct. 34, 34 (July 19, 2017) (mem.) (“The District Court 17 order modifying the preliminary injunction with respect to refugees covered by a formal assurance 18 is stayed pending resolution of the Government’s appeal to the Court of Appeals for the Ninth 19 Circuit.”), with Trump v. Hawaii, 138 S. Ct. 49, 49-50 (Sept. 12, 2017) (mem.) (“[T]he issuance 20 of the mandate of the United States Court of Appeals for the Ninth Circuit . . . is stayed with 21 respect to refugees covered by a formal assurance, pending further order of this Court.”). 22 In light of the Court’s ruling on Defendants’ motion for reconsideration, a stay of the 23 preliminary injunction with respect to the resettlement assurance issue, pending further appellate 24 review of the injunction as a whole, would be eminently reasonable and appropriate. 25 26 1 Defendants understand the Court’s prior instruction that they are not permitted to file a reply in support of their pending stay motion. Accordingly, Defendants do not address herein the arguments raised in Plaintiffs’ individual response briefs. DEFS.’ NOTICE REGARDING EMERGENCY MOT. FOR STAY - 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 104 Filed 01/05/18 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 DATED: January 5, 2018 Respectfully submitted, CHAD A. READLER Acting Assistant Attorney General AUGUST E. FLENTJE Special Counsel JENNIFER D. RICKETTS Director, Federal Programs Branch JOHN R. TYLER Assistant Director, Federal Programs Branch /s/ Joseph C. Dugan MICHELLE R. BENNETT DANIEL SCHWEI KEVIN SNELL JOSEPH C. DUGAN Trial Attorneys U.S. Department of Justice 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 18 19 20 21 22 23 24 25 26 DEFS.’ NOTICE REGARDING EMERGENCY MOT. FOR STAY - 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 104 Filed 01/05/18 Page 4 of 4 CERTIFICATE OF SERVICE 1 2 3 4 5 6 7 I certify that on January 5, 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 5th day of January, 2018. /s/ Joseph C. Dugan JOSEPH C. DUGAN 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DEFS.’ NOTICE REGARDING EMERGENCY MOT. FOR STAY - 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