Case 2:17-cv-00178-JLR Document 111 Filed 01/16/18 Page 1 of 5 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 Civil Action No. 2:17-cv-00178JLR v. DONALD TRUMP, et al., Defendants. 20 Civil Action No. 2:17-cv-01707JLR DEFENDANTS’ MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS’ COMPLAINT (RELATING TO JEWISH FAMILY SERVICE, NO. 17-1707) Noted for Consideration: January 26, 20181 21 22 23 24 25 26 Pursuant to LCR 7(d)(2)(A), a motion for relief from a deadline is treated as a “Second Friday” motion, and Defendants have accordingly noted this motion for consideration on January 26, 2018. However, Defendants’ response to the Jewish Family Service Plaintiffs’ Complaint is currently due January 22, 2018, so Defendants respectfully request that the Court rule on this motion in advance of that pending deadline or otherwise hold that deadline in abeyance pending a ruling. Defendants had hoped to file a “Same Day” stipulated motion but have been unable to reach agreement with Plaintiffs’ counsel. Defendants understand their obligation to comply with the Local Rules and appreciate the Court’s consideration of this special request. If the Court does not rule on this motion by Friday, January 19, Defendants plan to contact chambers by telephone. 1 DEFS.’ MOT. FOR EXTENSION OF TIME TO RESPOND 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 111 Filed 01/16/18 Page 2 of 5 Defendants hereby move the Court for an extension of time to respond to the Jewish 1 2 3 4 Family Service Plaintiffs’ Complaint (ECF No. 1 in Civil Action No. 2:17-cv-1707JLR). Defendants have computed that the response is currently due on January 22, 2018. Defendants request that this deadline be extended until fourteen (14) days after the Court resolves 5 Defendants’ Motion to Stay District Court Proceedings Pending Disposition of Cross-Appeals 6 (ECF No. 110 in this action), filed concurrently with this motion. 7 8 9 10 11 Defendants request an extension of time so that the Court may rule on their motion to stay district court proceedings before Defendants are required to respond to the Complaint. Defendants have moved to stay proceedings here because the Ninth Circuit’s disposition of the pending cross-appeals of the preliminary injunction Order is likely to be relevant or even 12 dispositive of issues in this case, including issues that bear on Defendants’ response to the 13 Complaint (which will likely be a motion to dismiss under Federal Rules of Civil Procedure 14 12(b)(1) and 12(b)(6)). 15 16 17 18 19 Pursuant to Local Rule 7(d)(3), however, Defendants’ stay motion will not be fully briefed until February 2, 2018—nearly two weeks after the current deadline for Defendants to respond to the Complaint. Therefore, granting the instant motion for an extension of time will conserve resources by allowing the parties to obtain a ruling on the stay motion before 20 Defendants draft their motion to dismiss, which may become unnecessary at this time if the Court 21 grants the stay motion. 22 23 24 25 26 Defendants further request an extension of time because, as the Court is aware, their counsel have spent significant time litigating this matter (among the many other matters for which counsel are simultaneously responsible), and thus, even apart from Defendants’ stay motion, counsel would need additional time to draft a thorough response to the Complaint. See, e.g., ECF DEFS.’ MOT. FOR EXTENSION OF TIME TO RESPOND - 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 Civil Division, Federal Programs Branch 20 Massachusetts Ave., NW Washington, DC 20530 Tel: (202) 514-3259 Case 2:17-cv-00178-JLR Document 111 Filed 01/16/18 Page 3 of 5 No. 51 (Defendants’ Opposition to Plaintiff Joseph Doe’s Motion for Preliminary Injunction); 1 2 3 4 ECF No. 77 (Defendants’ Opposition to Jewish Family Service Plaintiffs’ Motion for Preliminary Injunction and Response to Supplemental Statements Filed in Both Cases); ECF No. 78 (Defendants’ Supplemental Brief Concerning Supreme Court Stay Orders); ECF No. 87 (Minute 5 Entry for preliminary injunction hearing held on December 21, 2017); ECF No. 93 (Defendants’ 6 Motion for Reconsideration Concerning the Scope of the Preliminary Injunction); ECF No. 95 7 (Defendants’ Emergency Motion for Stay of Preliminary Injunction Pending Appeal). 8 No prior extension of this deadline has been requested. 9 Counsel for Defendants conferred with counsel for the Jewish Family Service Plaintiffs 10 11 regarding this motion. In a January 12, 2018, e-mail, Plaintiffs’ counsel indicated that they are 12 “amenable to an extension of Defendants’ obligation to file a responsive pleading,” but only on 13 condition that Defendants participate in a Rule 26(f) discovery planning conference during the 14 week of January 15. As explained more fully in Defendants’ motion for a stay, Defendants 15 16 17 18 19 respectfully submit that a Rule 26(f) conference would be premature and a waste of the parties’ time and resources, particularly before the Court rules on that motion for a stay. Defendants therefore do not concur with Plaintiffs’ proposal and instead submit this pleading as an opposed motion. 20 For these reasons, Defendants respectfully request that the Court grant their motion for 21 an extension of time to respond to Plaintiffs’ Complaint, until fourteen (14) days after the Court 22 resolves Defendants’ Motion to Stay District Court Proceedings Pending Disposition of Cross- 23 24 25 26 Appeals (ECF No. 110). In the alternative, Defendants request that the Court extend the deadline by which Defendants must respond to the Complaint by fourteen days—i.e., until February 5, 2018. DEFS.’ MOT. FOR EXTENSION OF TIME TO RESPOND - 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 Civil Division, Federal Programs Branch 20 Massachusetts Ave., NW Washington, DC 20530 Tel: (202) 514-3259 Case 2:17-cv-00178-JLR Document 111 Filed 01/16/18 Page 4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 DATED: January 16, 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 16 17 18 19 20 21 22 23 24 25 26 DEFS.’ MOT. FOR EXTENSION OF TIME TO RESPOND - 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 Civil Division, Federal Programs Branch 20 Massachusetts Ave., NW Washington, DC 20530 Tel: (202) 514-3259 Case 2:17-cv-00178-JLR Document 111 Filed 01/16/18 Page 5 of 5 CERTIFICATE OF SERVICE 1 2 I certify that on January 16, 2018, a copy of the foregoing document was electronically 3 filed with the Clerk of the Court using the CM/ECF system, which will send notification of such 4 filing to all counsel of record. 5 6 7 DATED this 16th 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.’ MOT. FOR EXTENSION OF TIME TO RESPOND - 4 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 Civil Division, Federal Programs Branch 20 Massachusetts Ave., NW Washington, DC 20530 Tel: (202) 514-3259 Case 2:17-cv-00178-JLR Document 111-1 Filed 01/16/18 Page 1 of 2 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., 19 20 Civil Action No. 2:17-cv-01707JLR Plaintiffs, 17 18 Civil Action No. 2:17-cv-00178JLR v. DONALD TRUMP, et al., [PROPOSED] ORDER GRANTING DEFENDANTS’ MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS’ COMPLAINT Defendants. 21 22 23 24 25 26 [PROPOSED] ORDER GRANTING DEFS.’ MOT. FOR EXTENSION OF TIME 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 111-1 Filed 01/16/18 Page 2 of 2 1 2 Upon review of Defendants’ Motion for Extension of Time to Respond to Plaintiffs’ Complaint, and for good cause shown, it is ORDERED: 3 1. Defendants’ motion is GRANTED; and 4 2. Defendants SHALL ANSWER or OTHERWISE RESPOND to the Jewish Family 5 Service Plaintiffs’ Complaint (ECF No. 1 in Civil Action No. 2:17-cv-1707JLR) 6 7 8 9 10 within fourteen (14) days following the Court’s disposition of Defendants’ Motion to Stay District Court Proceedings Pending Disposition of Cross-Appeals (ECF No. 110 in this action). Dated this ___ day of ____________________. 11 12 Presented by: 13 CHAD A. READLER Acting Assistant Attorney General 14 15 16 17 18 19 20 21 22 23 24 25 26 ___________________________________ Hon. James L. Robart United States District Judge 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 [PROPOSED] ORDER GRANTING DEFS.’ MOT. FOR EXTENSION OF TIME - 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