Case Document 117 Filed 01/29/18 Page 1 of 35 THE HONORABLE JAMES L. ROBART UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE JOHN DOE, et a1., Case No. C17-0178JLR Plaintiffs, DECLARATION OF MARIKO HIROSE IN SUPPORT OF JFS V. OPPOSITION TO MOTION TO STAY PROCEEDINGS DONALD TRUMP, et al., Defendants. JEWISH FAMILY SERVICES OF SEATTLE, et a1., Plaintiffs, v. DONALD TRUMP, et a1., Defendants. Mariko Hirose declares as follows: 1. I am the Litigation Director at the International Refugee Assistance Project and counsel in this action for JFS Plaintiffs. I submit this declaration in support of JFS Plaintiffs? opposition to Defendants? motion to stay district court proceedings pending disposition of cross? appeals. DECLARATION OF MARIKO HIROSE IN SUPPORT OF OPPOSITION 1 C019 LU.) 1201 Third Avenue. Sum 4900 Seattle. WA 98101-3099 1.3761073: Phone: 206.359.8000 Fax: 206.359.9000 @00qu Case Document 117 Filed 01/29/18 Page 2 of 35 2. Attached as Exhibit A is a true and correct copy of an e-mail I sent to Joseph Dugan and Kevin Snell, counsel for Defendants, on January 2, 2018 at 5:28 pm EST.1 3. Attached as Exhibit is a true and correct copy of an e?mail I received from Joseph Dugan, counsel for Defendants, on January 3, 2018 at 2:59 pm. 4. Attached as Exhibit is a true and correct copy of an e-mail I sent to Joseph Dugan and Kevin Snell, counsel for Defendants, on January 3, 2018 at 5:20 pm. 5. Attached as Exhibit is a true and correct copy of an e-mail I received from Kevin Snell, counsel for Defendants, on January 12, 2018 at 10:12 am. 6. Attached as Exhibit is a true and correct copy of an e-mail I received from Justin Cox, counsel for Plaintiffs, and which was directed to Kevin Snell, counsel for Defendants, on January 12, 2018 at 11:19 am. 7. Attached as Exhibit is a true and correct copy of an e-mail I received on January 12, 2018 at 5:29 pm from Kevin Snell, counsel for Defendants. 8. Attached as Exhibit is a true and correct copy of an e-mail I received from Justin Cox, counsel for Plaintiffs, and which was directed to Kevin Snell, counsel for Defendants, on January 12, 2018 at 7:15 pm. 9. Attached as Exhibit is a true and correct copy of an e?mail I received from Kevin Snell, counsel for Defendants, on January 15, 2018 at 8:45 am. 10. Attached as Exhibit 1 is a true and correct copy of an e?mail I sent to Joseph Dugan and Kevin Snell, counsel for Defendants, on January 19, 2018 at 3:52 pm. 11. Attached as Exhibit is a true and correct copy of an e-mail I received from Joseph Dugan, counsel for Defendants, on January 19, 2018 at 5:25 pm. All references to time in this declaration are to Eastern Standard Time. DECLARATION OF MARIKO IN SUPPORT OF OPPOSITION 2 Coic l20l Third Avenue. Surte 4900 .- Seattle. WA 98l01-3099 b76433?) Phone: 206.359.8000 Fax: 206.359.9000 Case Document 117 Filed 01/29/18 Page 3 of 35 I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 29th day of January, 2018, at New York, New York. - Mariko Hirose DECLARATION OF MARIKO HIROSE IN SUPPORT OF OPPOSITION 3 Perkins Coie 120l Thll?d Avenue, Sunte 4900 Seattle. WA 98l0l-3099 '37643-?78-5 Phone: 206.359.8000 Fax: 206.359.9000 Case Document 117 Filed 01/29/18 Page 4 of 35 Exhibit A 1/24/2018 International Refugee Assistance - JFS v. Trump Case 2:17-cv-00178-JLR Document 117 Project FiledMail 01/29/18 Page 5 of 35 Mariko Hirose JFS v. Trump 1 message Mariko Hirose Tue, Jan 2, 2018 at 5:28 PM To: Joseph.Dugan@usdoj.gov, Kevin.Snell@usdoj.gov Cc: Melissa Keaney , Justin Cox , "Sheehan Davis, Abigail" , "Kornreich, Mollie" , "Staniar, Lauren (Perkins Coie)" , "Burman, David J. (Perkins Coie)" Dear Joe and Kevin, Happy new year. I'm reaching out to schedule a time for a Rule 26(f) conference between the JFS plaintiffs and defendants, as required by Fed. R. Civ. P. 26(f)(1) and Rule 16(b)(2). Do you have availability tomorrow afternoon for a conference? Thanks, Mariko -Mariko Hirose Litigation Director International Refugee Assistance Project  New York Urban Justice Center 40 Rector Street, 9th Fl New York, NY 10006 tel: 646 459 3044 mhirose@refugeerights.org www.refugeerights.org Follow us on Twitter Like us on Facebook This message and its attachments are sent by a law office and may contain information that is confidential and protected by privilege from disclosure. If you are not the intended recipient, you are prohibited from printing, copying, forwarding, or saving this email and any attachments. Please notify the sender immediately if you believe that you are not the intended recipient. https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&q=to%3A%20dugan%20in%3Asent&qs=true&search=qu… 1/1 Case Document 117 Filed 01/29/18 Page 6 of 35 Exhibit 1/24/2018 International Document Refugee Assistance Mail 01/29/18 - RE: JFS v. Trump Case 2:17-cv-00178-JLR 117Project Filed Page 7 of 35 Mariko Hirose RE: JFS v. Trump 1 message Dugan, Joseph (CIV) Wed, Jan 3, 2018 at 2:59 PM To: Mariko Hirose , "Snell, Kevin (CIV)" Cc: Melissa Keaney , Justin Cox , "Sheehan Davis, Abigail" , "Kornreich, Mollie" , "Staniar, Lauren (Perkins Coie)" , "Burman, David J. (Perkins Coie)" Dear Mariko, et al., Thanks for your e-mail. Happy New Year to you as well. It was a pleasure to meet some of you at the December 21 hearing. We’ve discussed your proposal internally. However, we think a Rule 26(f) meet-and-confer is not necessary. As you may recall, at the hearing, the Court rescinded its December 14 entry in Doe v. Trump, which had directed the parties to file a joint status report by December 22, 2017, to “respond to the Order Regarding Initial Disclosures and Joint Status Report (Dkt. #27).” The referenced order at ECF No. 27 addressed the parties’ Rule 26 responsibilities. In vacating the December 14 entry, the Court indicated that the parties in that action need not conduct any Rule 26 activities at this time. We see no reason to deviate from this understanding with respect to the similarly situated JFS case. Best regards, Joe Dugan Joseph C. Dugan Trial A orney United States Department of Justice Civil Division Federal Programs Branch 20 Massachusetts Ave. NW, Rm. 7225 Washington, D.C. 20530 (202) 514-3259 (phone) (202) 616-8470 (fax) Joseph.Dugan@usdoj.gov https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&cat=Litigation%20(U.S.)%20-%20Current%2FRefugee%2… 1/2 1/24/2018 International Document Refugee Assistance Mail 01/29/18 - RE: JFS v. Trump Case 2:17-cv-00178-JLR 117Project Filed Page 8 of 35 From: Mariko Hirose [mailto:mhirose@refugeerights.org] Sent: Tuesday, January 02, 2018 5:29 PM To: Dugan, Joseph (CIV) ; Snell, Kevin (CIV) Cc: Melissa Keaney ; Jus n Cox ; Sheehan Davis, Abigail ; Kornreich, Mollie ; Staniar, Lauren (Perkins Coie) ; Burman, David J. (Perkins Coie) Subject: JFS v. Trump Dear Joe and Kevin, Happy new year. I'm reaching out to schedule a time for a Rule 26(f) conference between the JFS plaintiffs and defendants, as required by Fed. R. Civ. P. 26(f)(1) and Rule 16(b)(2). Do you have availability tomorrow afternoon for a conference? Thanks, Mariko -Mariko Hirose Litigation Director International Refugee Assistance Project  New York Urban Justice Center 40 Rector Street, 9th Fl New York, NY 10006 tel: 646 459 3044 mhirose@refugeerights.org www.refugeerights.org Follow us on Twitter Like us on Facebook This message and its attachments are sent by a law office and may contain information that is confidential and protected by privilege from disclosure. If you are not the intended recipient, you are prohibited from printing, copying, forwarding, or saving this email and any attachments. Please notify the sender immediately if you believe that you are not the intended recipient. https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&cat=Litigation%20(U.S.)%20-%20Current%2FRefugee%2… 2/2 Case Document 117 Filed 01/29/18 Page 9 of 35 Exhibit 1/24/2018 InternationalDocument Refugee Assistance Mail01/29/18 - Re: JFS v. Trump Case 2:17-cv-00178-JLR 117 Project Filed Page 10 of 35 Mariko Hirose Re: JFS v. Trump 1 message Mariko Hirose Wed, Jan 3, 2018 at 5:20 PM To: "Dugan, Joseph (CIV)" Cc: "Snell, Kevin (CIV)" , Melissa Keaney , Justin Cox , "Sheehan Davis, Abigail" , "Kornreich, Mollie" , "Staniar, Lauren (Perkins Coie)" , "Burman, David J. (Perkins Coie)" , Linda Evarts Dear Joe, Thank you for your response. The JFS plaintiffs do not agree with Defendants' position that a Rule 26(f) meet-and-confer is unnecessary. The discussion regarding the joint status report at the December 21 hearing related to the Doe litigation, in which the parties had agreed to a stay. Since there is no stay in place in the JFS litigation, Rules 16(b)(2) and 26(f)(1) require the parties to engage in the discovery planning process. We plan to raise this issue with the Court. Best regards, Mariko On Wed, Jan 3, 2018 at 2:59 PM, Dugan, Joseph (CIV) wrote: Dear Mariko, et al., Thanks for your e-mail. Happy New Year to you as well. It was a pleasure to meet some of you at the December 21 hearing. We’ve discussed your proposal internally. However, we think a Rule 26(f) meet-and-confer is not necessary. As you may recall, at the hearing, the Court rescinded its December 14 entry in Doe v. Trump, which had directed the parties to file a joint status report by December 22, 2017, to “respond to the Order Regarding Initial Disclosures and Joint Status Report (Dkt. #27).” The referenced order at ECF No. 27 addressed the parties’ Rule 26 responsibilities. In vacating the December 14 entry, the Court indicated that the parties in that action need not conduct any Rule 26 activities at this time. We see no reason to deviate from this understanding with respect to the similarly situated JFS case. Best regards, Joe Dugan Joseph C. Dugan https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&q=to%3A%20dugan%20in%3Asent&qs=true&search=qu… 1/3 1/24/2018 InternationalDocument Refugee Assistance Mail01/29/18 - Re: JFS v. Trump Case 2:17-cv-00178-JLR 117 Project Filed Page 11 of 35 Trial A orney United States Department of Justice Civil Division Federal Programs Branch 20 Massachusetts Ave. NW, Rm. 7225 Washington, D.C. 20530 (202) 514-3259 (phone) (202) 616-8470 (fax) Joseph.Dugan@usdoj.gov From: Mariko Hirose [mailto:mhirose@refugeerights.org] Sent: Tuesday, January 02, 2018 5:29 PM To: Dugan, Joseph (CIV) ; Snell, Kevin (CIV) Cc: Melissa Keaney ; Jus n Cox ; Sheehan Davis, Abigail ; Kornreich, Mollie ; Staniar, Lauren (Perkins Coie) ; Burman, David J. (Perkins Coie) Subject: JFS v. Trump Dear Joe and Kevin, Happy new year. I'm reaching out to schedule a time for a Rule 26(f) conference between the JFS plaintiffs and defendants, as required by Fed. R. Civ. P. 26(f)(1) and Rule 16(b)(2). Do you have availability tomorrow afternoon for a conference? Thanks, Mariko -Mariko Hirose Litigation Director International Refugee Assistance Project  New York Urban Justice Center 40 Rector Street, 9th Fl New York, NY 10006 tel: 646 459 3044 mhirose@refugeerights.org www.refugeerights.org Follow us on Twitter https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&q=to%3A%20dugan%20in%3Asent&qs=true&search=qu… 2/3 1/24/2018 InternationalDocument Refugee Assistance Mail01/29/18 - Re: JFS v. Trump Case 2:17-cv-00178-JLR 117 Project Filed Page 12 of 35 Like us on Facebook This message and its attachments are sent by a law office and may contain information that is confidential and protected by privilege from disclosure. If you are not the intended recipient, you are prohibited from printing, copying, forwarding, or saving this email and any attachments. Please notify the sender immediately if you believe that you are not the intended recipient. -Mariko Hirose Litigation Director International Refugee Assistance Project  New York Urban Justice Center 40 Rector Street, 9th Fl New York, NY 10006 tel: 646 459 3044 mhirose@refugeerights.org www.refugeerights.org Follow us on Twitter Like us on Facebook This message and its attachments are sent by a law office and may contain information that is confidential and protected by privilege from disclosure. If you are not the intended recipient, you are prohibited from printing, copying, forwarding, or saving this email and any attachments. Please notify the sender immediately if you believe that you are not the intended recipient. https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&q=to%3A%20dugan%20in%3Asent&qs=true&search=qu… 3/3 Case Document 117 Filed 01/29/18 Page 13 of 35 Exhibit 1/24/2018 International Refugee Assistance - JFS v. Trump Case 2:17-cv-00178-JLR Document 117 Project FiledMail 01/29/18 Page 14 of 35 Mariko Hirose JFS v. Trump 1 message Snell, Kevin (CIV) Fri, Jan 12, 2018 at 10:12 AM To: Mariko Hirose , "Dugan, Joseph (CIV)" Cc: Melissa Keaney , Justin Cox , "Sheehan Davis, Abigail" , "Kornreich, Mollie" , "Staniar, Lauren (Perkins Coie)" , "Burman, David J. (Perkins Coie)" , Linda Evarts , "Snell, Kevin (CIV)" Hi Mariko et al., I hope you all are well. We plan to request that the Court stay further proceedings in JFS (including Defendants’ deadline for a responsive pleading or motion to dismiss and any Rule 26 activity) pending disposition of the appeal of the preliminary injunction. Because of that injunction and the pending appeal, we think that proceeding with motion to dismiss briefing at this point would be an unnecessary burden on the parties’ and the Court’s time and resources. Please let us know if Plaintiffs are agreeable to this approach. If so, we’d be happy to draft a short stipulation for your review. Thanks, Kevin Kevin Snell Trial Attorney U.S. Department of Department of Justice Civil Division, Federal Programs Branch 202.305.0924 https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&cat=Litigation%20(U.S.)%20-%20Current%2FRefugee%2… 1/1 Case Document 117 Filed 01/29/18 Page 15 of 35 Exhibit 1/24/2018 InternationalDocument Refugee Assistance Mail01/29/18 - RE: JFS v. Trump Case 2:17-cv-00178-JLR 117Project Filed Page 16 of 35 Mariko Hirose RE: JFS v. Trump 1 message Justin Cox Fri, Jan 12, 2018 at 11:19 AM To: "Snell, Kevin (CIV)" , Mariko Hirose , "Dugan, Joseph (CIV)" Cc: Melissa Keaney , "Sheehan Davis, Abigail" , "Kornreich, Mollie" , "Staniar, Lauren (Perkins Coie)" , "Burman, David J. (Perkins Coie)" , Linda Evarts Hello Mr. Snell, Thank you for your email. The JFS Plaintiffs do not agree to a stay of Defendants’ obligations under Rules 12 or 26. Justin B. Cox Staff Attorney (pronouns: he/him/his) National Immigration Law Center PO Box 170208 Atlanta, GA 30317 678.279.5441 cox@nilc.org @JB_Cox This message may contain information that is confidential or legally privileged. If you are not the intended recipient, please immediately advise the sender by reply email that this message has been inadvertently transmitted to you and delete this email from your system. From: Snell, Kevin (CIV) [mailto:Kevin.Snell@usdoj.gov] Sent: Friday, January 12, 2018 10:13 AM To: Mariko Hirose ; Dugan, Joseph (CIV) Cc: Melissa Keaney ; Justin Cox ; Sheehan Davis, Abigail ; Kornreich, Mollie ; Staniar, Lauren (Perkins Coie) ; Burman, David J. (Perkins Coie) ; Linda Evarts ; Snell, Kevin (CIV) Subject: JFS v. Trump Hi Mariko et al., I hope you all are well. We plan to request that the Court stay further proceedings in JFS (including Defendants’ deadline for a responsive pleading or motion to dismiss and any Rule 26 activity) pending disposition of the appeal of the preliminary injunction. Because of that injunction and the pending appeal, we think that proceeding with motion to dismiss briefing at this point would be an unnecessary burden on the parties’ and the Court’s time and resources. https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&cat=Litigation%20(U.S.)%20-%20Current%2FRefugee%2… 1/2 1/24/2018 InternationalDocument Refugee Assistance Mail01/29/18 - RE: JFS v. Trump Case 2:17-cv-00178-JLR 117Project Filed Page 17 of 35 Please let us know if Plaintiffs are agreeable to this approach. If so, we’d be happy to draft a short stipulation for your review. Thanks, Kevin Kevin Snell Trial Attorney U.S. Department of Department of Justice Civil Division, Federal Programs Branch 202.305.0924 https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&cat=Litigation%20(U.S.)%20-%20Current%2FRefugee%2… 2/2 Case 2:17-cv-00178-JLR Document 117 Filed 01/29/18 Page 18 of 35 Exhibit F 1/24/2018 InternationalDocument Refugee Assistance Mail01/29/18 - RE: JFS v. Trump Case 2:17-cv-00178-JLR 117Project Filed Page 19 of 35 Mariko Hirose RE: JFS v. Trump 1 message Snell, Kevin (CIV) Fri, Jan 12, 2018 at 5:29 PM To: Justin Cox , Mariko Hirose , "Dugan, Joseph (CIV)" Cc: Melissa Keaney , "Sheehan Davis, Abigail" , "Kornreich, Mollie" , "Staniar, Lauren (Perkins Coie)" , "Burman, David J. (Perkins Coie)" , Linda Evarts Hello Mr. Cox, Thanks for your prompt response. We plan to file a motion to stay and will note your opposition in our filing. Understanding that JFS Plaintiffs will not agree to a stay, would JFS Plaintiffs agree to an extension of further dates and deadlines (including our deadline to file a responsive pleading, which we have computed as January 22, 2018) until fourteen days after Judge Robart rules on our contested motion to stay proceedings? It seems imprudent for the parties to invest additional resources in dispositive motions practice or Rule 26 activity, at least until we know whether this case will proceed pending appeal. If JFS Plaintiffs are not willing to agree to that extension, are they amenable to an alternative extension of fourteen days from the January 22 deadline, so that our responsive pleading would become due February 5, 2018? We would appreciate it, as we have been quite busy with competing work demands, both in this matter and in others. Thanks for your consideration. Kevin Kevin Snell Trial Attorney U.S. Department of Department of Justice Civil Division, Federal Programs Branch 202.305.0924 From: Justin Cox [mailto:cox@nilc.org] Sent: Friday, January 12, 2018 11:20 AM To: Snell, Kevin (CIV) ; Mariko Hirose ; Dugan, Joseph (CIV) Cc: Melissa Keaney ; Sheehan Davis, Abigail ; Kornreich, Mollie ; Staniar, Lauren (Perkins Coie) ; Burman, David J. https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&cat=Litigation%20(U.S.)%20-%20Current%2FRefugee%2… 1/3 1/24/2018 InternationalDocument Refugee Assistance Mail01/29/18 - RE: JFS v. Trump Case 2:17-cv-00178-JLR 117Project Filed Page 20 of 35 (Perkins Coie) ; Linda Evarts Subject: RE: JFS v. Trump Hello Mr. Snell, Thank you for your email. The JFS Plaintiffs do not agree to a stay of Defendants’ obligations under Rules 12 or 26. Justin B. Cox Staff Attorney (pronouns: he/him/his) National Immigration Law Center PO Box 170208 Atlanta, GA 30317 678.279.5441 cox@nilc.org @JB_Cox This message may contain information that is confidential or legally privileged. If you are not the intended recipient, please immediately advise the sender by reply email that this message has been inadvertently transmitted to you and delete this email from your system. From: Snell, Kevin (CIV) [mailto:Kevin.Snell@usdoj.gov] Sent: Friday, January 12, 2018 10:13 AM To: Mariko Hirose ; Dugan, Joseph (CIV) Cc: Melissa Keaney ; Justin Cox ; Sheehan Davis, Abigail ; Kornreich, Mollie ; Staniar, Lauren (Perkins Coie) ; Burman, David J. (Perkins Coie) ; Linda Evarts ; Snell, Kevin (CIV) Subject: JFS v. Trump Hi Mariko et al., I hope you all are well. We plan to request that the Court stay further proceedings in JFS (including Defendants’ deadline for a responsive pleading or motion to dismiss and any Rule 26 activity) pending disposition of the appeal of the preliminary injunction. Because of that injunction and the pending appeal, we think that proceeding with motion to dismiss briefing at this point would be an unnecessary burden on the parties’ and the Court’s time and resources. Please let us know if Plaintiffs are agreeable to this approach. If so, we’d be happy to draft a short stipulation for your review. Thanks, Kevin https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&cat=Litigation%20(U.S.)%20-%20Current%2FRefugee%2… 2/3 1/24/2018 InternationalDocument Refugee Assistance Mail01/29/18 - RE: JFS v. Trump Case 2:17-cv-00178-JLR 117Project Filed Page 21 of 35 Kevin Snell Trial Attorney U.S. Department of Department of Justice Civil Division, Federal Programs Branch 202.305.0924 https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&cat=Litigation%20(U.S.)%20-%20Current%2FRefugee%2… 3/3 Case 2:17-cv-00178-JLR Document 117 Filed 01/29/18 Page 22 of 35 Exhibit G 1/24/2018 InternationalDocument Refugee Assistance Mail01/29/18 - RE: JFS v. Trump Case 2:17-cv-00178-JLR 117Project Filed Page 23 of 35 Mariko Hirose RE: JFS v. Trump 1 message Justin Cox Fri, Jan 12, 2018 at 7:15 PM To: "Snell, Kevin (CIV)" , Mariko Hirose , "Dugan, Joseph (CIV)" Cc: Melissa Keaney , "Sheehan Davis, Abigail" , "Kornreich, Mollie" , "Staniar, Lauren (Perkins Coie)" , "Burman, David J. (Perkins Coie)" , Linda Evarts Hello Mr. Snell, We are certainly sympathetic to the demands of this and other litigation, but we strongly believe that reasonable discovery needs to proceed without further delay, as we have already indicated. Accordingly, and by way of compromise, we would be amenable to an extension of Defendants’ obligation to file a responsive pleading, but on the condition that we schedule and complete the Rule 26(f) discovery planning conference next week. As you are probably aware, we are already tardy in complying with that obligation. Thank you for your consideration. Justin B. Cox Staff Attorney (pronouns: he/him/his) National Immigration Law Center PO Box 170208 Atlanta, GA 30317 678.279.5441 cox@nilc.org @JB_Cox This message may contain information that is confidential or legally privileged. If you are not the intended recipient, please immediately advise the sender by reply email that this message has been inadvertently transmitted to you and delete this email from your system. From: Snell, Kevin (CIV) [mailto:Kevin.Snell@usdoj.gov] Sent: Friday, January 12, 2018 5:30 PM To: Justin Cox ; Mariko Hirose ; Dugan, Joseph (CIV) Cc: Melissa Keaney ; Sheehan Davis, Abigail ; Kornreich, Mollie ; Staniar, Lauren (Perkins Coie) ; Burman, David J. (Perkins Coie) ; Linda Evarts Subject: RE: JFS v. Trump Hello Mr. Cox, https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&cat=Litigation%20(U.S.)%20-%20Current%2FRefugee%2… 1/3 1/24/2018 InternationalDocument Refugee Assistance Mail01/29/18 - RE: JFS v. Trump Case 2:17-cv-00178-JLR 117Project Filed Page 24 of 35 Thanks for your prompt response. We plan to file a motion to stay and will note your opposition in our filing. Understanding that JFS Plaintiffs will not agree to a stay, would JFS Plaintiffs agree to an extension of further dates and deadlines (including our deadline to file a responsive pleading, which we have computed as January 22, 2018) until fourteen days after Judge Robart rules on our contested motion to stay proceedings? It seems imprudent for the parties to invest additional resources in dispositive motions practice or Rule 26 activity, at least until we know whether this case will proceed pending appeal. If JFS Plaintiffs are not willing to agree to that extension, are they amenable to an alternative extension of fourteen days from the January 22 deadline, so that our responsive pleading would become due February 5, 2018? We would appreciate it, as we have been quite busy with competing work demands, both in this matter and in others. Thanks for your consideration. Kevin Kevin Snell Trial Attorney U.S. Department of Department of Justice Civil Division, Federal Programs Branch 202.305.0924 From: Justin Cox [mailto:cox@nilc.org] Sent: Friday, January 12, 2018 11:20 AM To: Snell, Kevin (CIV) ; Mariko Hirose ; Dugan, Joseph (CIV) Cc: Melissa Keaney ; Sheehan Davis, Abigail ; Kornreich, Mollie ; Staniar, Lauren (Perkins Coie) ; Burman, David J. (Perkins Coie) ; Linda Evarts Subject: RE: JFS v. Trump Hello Mr. Snell, Thank you for your email. The JFS Plaintiffs do not agree to a stay of Defendants’ obligations under Rules 12 or 26. Justin B. Cox Staff Attorney (pronouns: he/him/his) National Immigration Law Center PO Box 170208 https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&cat=Litigation%20(U.S.)%20-%20Current%2FRefugee%2… 2/3 1/24/2018 InternationalDocument Refugee Assistance Mail01/29/18 - RE: JFS v. Trump Case 2:17-cv-00178-JLR 117Project Filed Page 25 of 35 Atlanta, GA 30317 678.279.5441 cox@nilc.org @JB_Cox This message may contain information that is confidential or legally privileged. If you are not the intended recipient, please immediately advise the sender by reply email that this message has been inadvertently transmitted to you and delete this email from your system. From: Snell, Kevin (CIV) [mailto:Kevin.Snell@usdoj.gov] Sent: Friday, January 12, 2018 10:13 AM To: Mariko Hirose ; Dugan, Joseph (CIV) Cc: Melissa Keaney ; Justin Cox ; Sheehan Davis, Abigail ; Kornreich, Mollie ; Staniar, Lauren (Perkins Coie) ; Burman, David J. (Perkins Coie) ; Linda Evarts ; Snell, Kevin (CIV) Subject: JFS v. Trump Hi Mariko et al., I hope you all are well. We plan to request that the Court stay further proceedings in JFS (including Defendants’ deadline for a responsive pleading or motion to dismiss and any Rule 26 activity) pending disposition of the appeal of the preliminary injunction. Because of that injunction and the pending appeal, we think that proceeding with motion to dismiss briefing at this point would be an unnecessary burden on the parties’ and the Court’s time and resources. Please let us know if Plaintiffs are agreeable to this approach. If so, we’d be happy to draft a short stipulation for your review. Thanks, Kevin Kevin Snell Trial Attorney U.S. Department of Department of Justice Civil Division, Federal Programs Branch 202.305.0924 https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&cat=Litigation%20(U.S.)%20-%20Current%2FRefugee%2… 3/3 Case 2:17-cv-00178-JLR Document 117 Filed 01/29/18 Page 26 of 35 Exhibit H 1/24/2018 InternationalDocument Refugee Assistance Mail01/29/18 - Re: JFS v. Trump Case 2:17-cv-00178-JLR 117 Project Filed Page 27 of 35 Mariko Hirose Re: JFS v. Trump 1 message Snell, Kevin (CIV) Mon, Jan 15, 2018 at 8:45 AM To: Justin Cox , Mariko Hirose , "Dugan, Joseph (CIV)" Cc: Melissa Keaney , "Sheehan Davis, Abigail" , "Kornreich, Mollie" , "Staniar, Lauren (Perkins Coie)" , "Burman, David J. (Perkins Coie)" , Linda Evarts Mr. Cox, Thanks for your consideration, but Defendants do not agree to plaintiffs’ proposal. We plan to file an extension motion and will note your position in our filing. Thanks, Kevin Kevin Snell Trial Attorney U.S. Department of Department of Justice Civil Division, Federal Programs Branch 202.305.0924 -------- Original message -------From: Justin Cox Date: 1/12/18 7:16 PM (GMT-05:00) To: "Snell, Kevin (CIV)" , Mariko Hirose , "Dugan, Joseph (CIV)" Cc: Melissa Keaney , "Sheehan Davis, Abigail" , "Kornreich, Mollie" , "Staniar, Lauren (Perkins Coie)" , "Burman, David J. (Perkins Coie)" , Linda Evarts Subject: RE: JFS v. Trump Hello Mr. Snell, We are certainly sympathetic to the demands of this and other litigation, but we strongly believe that reasonable discovery needs to proceed without further delay, as we have already indicated. Accordingly, and by way of compromise, we would be amenable to an extension of Defendants’ obligation to file a responsive pleading, but on the condition that we schedule and complete the Rule 26(f) discovery planning conference next week. As you are probably aware, we are already tardy in complying with that obligation. Thank you for your consideration. https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&cat=Litigation%20(U.S.)%20-%20Current%2FRefugee%2… 1/4 1/24/2018 InternationalDocument Refugee Assistance Mail01/29/18 - Re: JFS v. Trump Case 2:17-cv-00178-JLR 117 Project Filed Page 28 of 35 Justin B. Cox Staff Attorney (pronouns: he/him/his) National Immigration Law Center PO Box 170208 Atlanta, GA 30317 678.279.5441 cox@nilc.org @JB_Cox This message may contain information that is confidential or legally privileged. If you are not the intended recipient, please immediately advise the sender by reply email that this message has been inadvertently transmitted to you and delete this email from your system. From: Snell, Kevin (CIV) [mailto:Kevin.Snell@usdoj.gov] Sent: Friday, January 12, 2018 5:30 PM To: Justin Cox ; Mariko Hirose ; Dugan, Joseph (CIV) Cc: Melissa Keaney ; Sheehan Davis, Abigail ; Kornreich, Mollie ; Staniar, Lauren (Perkins Coie) ; Burman, David J. (Perkins Coie) ; Linda Evarts Subject: RE: JFS v. Trump Hello Mr. Cox, Thanks for your prompt response. We plan to file a motion to stay and will note your opposition in our filing. Understanding that JFS Plaintiffs will not agree to a stay, would JFS Plaintiffs agree to an extension of further dates and deadlines (including our deadline to file a responsive pleading, which we have computed as January 22, 2018) until fourteen days after Judge Robart rules on our contested motion to stay proceedings? It seems imprudent for the parties to invest additional resources in dispositive motions practice or Rule 26 activity, at least until we know whether this case will proceed pending appeal. If JFS Plaintiffs are not willing to agree to that extension, are they amenable to an alternative extension of fourteen days from the January 22 deadline, so that our responsive pleading would become due February 5, 2018? We would appreciate it, as we have been quite busy with competing work demands, both in this matter and in others. Thanks for your consideration. Kevin Kevin Snell Trial Attorney U.S. Department of Department of Justice https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&cat=Litigation%20(U.S.)%20-%20Current%2FRefugee%2… 2/4 1/24/2018 InternationalDocument Refugee Assistance Mail01/29/18 - Re: JFS v. Trump Case 2:17-cv-00178-JLR 117 Project Filed Page 29 of 35 Civil Division, Federal Programs Branch 202.305.0924 From: Justin Cox [mailto:cox@nilc.org] Sent: Friday, January 12, 2018 11:20 AM To: Snell, Kevin (CIV) ; Mariko Hirose ; Dugan, Joseph (CIV) Cc: Melissa Keaney ; Sheehan Davis, Abigail ; Kornreich, Mollie ; Staniar, Lauren (Perkins Coie) ; Burman, David J. (Perkins Coie) ; Linda Evarts Subject: RE: JFS v. Trump Hello Mr. Snell, Thank you for your email. The JFS Plaintiffs do not agree to a stay of Defendants’ obligations under Rules 12 or 26. Justin B. Cox Staff Attorney (pronouns: he/him/his) National Immigration Law Center PO Box 170208 Atlanta, GA 30317 678.279.5441 cox@nilc.org @JB_Cox This message may contain information that is confidential or legally privileged. If you are not the intended recipient, please immediately advise the sender by reply email that this message has been inadvertently transmitted to you and delete this email from your system. From: Snell, Kevin (CIV) [mailto:Kevin.Snell@usdoj.gov] Sent: Friday, January 12, 2018 10:13 AM To: Mariko Hirose ; Dugan, Joseph (CIV) Cc: Melissa Keaney ; Justin Cox ; Sheehan Davis, Abigail ; Kornreich, Mollie ; Staniar, Lauren (Perkins Coie) ; Burman, David J. (Perkins Coie) ; Linda Evarts ; Snell, Kevin (CIV) Subject: JFS v. Trump Hi Mariko et al., I hope you all are well. We plan to request that the Court stay further proceedings in JFS (including Defendants’ deadline for a responsive pleading or motion to dismiss and any Rule 26 activity) pending disposition of the appeal of the preliminary injunction. Because of that injunction and the pending appeal, we think that proceeding with motion to dismiss briefing at this point would be an unnecessary burden on the parties’ and the Court’s time and resources. https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&cat=Litigation%20(U.S.)%20-%20Current%2FRefugee%2… 3/4 1/24/2018 InternationalDocument Refugee Assistance Mail01/29/18 - Re: JFS v. Trump Case 2:17-cv-00178-JLR 117 Project Filed Page 30 of 35 Please let us know if Plaintiffs are agreeable to this approach. If so, we’d be happy to draft a short stipulation for your review. Thanks, Kevin Kevin Snell Trial Attorney U.S. Department of Department of Justice Civil Division, Federal Programs Branch 202.305.0924 https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&cat=Litigation%20(U.S.)%20-%20Current%2FRefugee%2… 4/4 Case 2:17-cv-00178-JLR Document 117 Filed 01/29/18 Page 31 of 35 Exhibit I 1/24/2018 International Refugee Assistance - JFS v. Trump Case 2:17-cv-00178-JLR Document 117 Project FiledMail 01/29/18 Page 32 of 35 Mariko Hirose JFS v. Trump 1 message Mariko Hirose Fri, Jan 19, 2018 at 3:52 PM To: "Dugan, Joseph (CIV)" , "Snell, Kevin (CIV)" Cc: Melissa Keaney , Justin Cox , "Sheehan Davis, Abigail" , "Kornreich, Mollie" , "Staniar, Lauren (Perkins Coie)" , Linda Evarts , "Burman, David J. (Perkins Coie)" Dear Joe and Kevin, We are reaching out because, as you know from our filings, we are quite concerned about what Defendants understand the preliminary injunc on to require of them, as well the ac ons Defendants took to implement the Agency Memo and the steps Defendants have taken to comply with the preliminary injunc on. We are therefore wri ng to request that you provide informa on detailing both the ac ons taken to implement the Memo and the steps taken to comply with the preliminary injunc on. Because this informa on is presumably already at your disposal, we request that you provide us with this informa on by January 24, which is in advance of Plain ffs’ deadline to respond to Defendants request for a stay of proceedings. Thank you, Mariko -Mariko Hirose Litigation Director International Refugee Assistance Project  New York Urban Justice Center 40 Rector Street, 9th Fl New York, NY 10006 tel: 646 459 3044 mhirose@refugeerights.org www.refugeerights.org Follow us on Twitter Like us on Facebook This message and its attachments are sent by a law office and may contain information that is confidential and protected by privilege from disclosure. If you are not the intended recipient, you are prohibited from printing, copying, forwarding, or saving this email and any attachments. Please notify the sender immediately if you believe that you are not the intended recipient. https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&q=to%3A%20dugan%20in%3Asent&qs=true&search=qu… 1/1 Case 2:17-cv-00178-JLR Document 117 Filed 01/29/18 Page 33 of 35 Exhibit J 1/24/2018 InternationalDocument Refugee Assistance Mail01/29/18 - RE: JFS v. Trump Case 2:17-cv-00178-JLR 117Project Filed Page 34 of 35 Mariko Hirose RE: JFS v. Trump 1 message Dugan, Joseph (CIV) Fri, Jan 19, 2018 at 5:25 PM To: Mariko Hirose , "Snell, Kevin (CIV)" Cc: Melissa Keaney , Justin Cox , "Sheehan Davis, Abigail" , "Kornreich, Mollie" , "Staniar, Lauren (Perkins Coie)" , Linda Evarts , "Burman, David J. (Perkins Coie)" Dear Mariko, et al., Thanks for your e-mail. As I imagine you have already seen, Defendants filed this evening a No ce of Compliance with the preliminary injunc on. A courtesy copy is a ached for your convenience. Best, Joe Joseph C. Dugan Trial A orney United States Department of Justice Civil Division Federal Programs Branch 20 Massachuse s Ave. NW, Rm. 7225 Washington, D.C. 20530 (202) 514-3259 (phone) (202) 616-8470 (fax) Joseph.Dugan@usdoj.gov From: Mariko Hirose [mailto:mhirose@refugeerights.org] Sent: Friday, January 19, 2018 3:53 PM To: Dugan, Joseph (CIV) ; Snell, Kevin (CIV) Cc: Melissa Keaney ; Jus n Cox ; Sheehan Davis, Abigail ; Kornreich, Mollie ; Staniar, Lauren (Perkins Coie) ; Linda Evarts ; Burman, David J. (Perkins Coie) Subject: JFS v. Trump https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&search=inbox&th=1611088540e24ee2&siml=1611088540… 1/2 InternationalDocument Refugee Assistance Mail01/29/18 - RE: JFS v. Trump Case 2:17-cv-00178-JLR 117Project Filed Page 35 of 35 1/24/2018 Dear Joe and Kevin, We are reaching out because, as you know from our filings, we are quite concerned about what Defendants understand the preliminary injunc on to require of them, as well the ac ons Defendants took to implement the Agency Memo and the steps Defendants have taken to comply with the preliminary injunc on. We are therefore wri ng to request that you provide informa on detailing both the ac ons taken to implement the Memo and the steps taken to comply with the preliminary injunc on. Because this informa on is presumably already at your disposal, we request that you provide us with this informa on by January 24, which is in advance of Plain ffs’ deadline to respond to Defendants request for a stay of proceedings. Thank you, Mariko -Mariko Hirose Litigation Director International Refugee Assistance Project  New York Urban Justice Center 40 Rector Street, 9th Fl New York, NY 10006 tel: 646 459 3044 mhirose@refugeerights.org www.refugeerights.org Follow us on Twitter Like us on Facebook This message and its attachments are sent by a law office and may contain information that is confidential and protected by privilege from disclosure. If you are not the intended recipient, you are prohibited from printing, copying, forwarding, or saving this email and any attachments. Please notify the sender immediately if you believe that you are not the intended recipient. 1-19-18 ECF 114 Notice of Compliance.pdf 2250K https://mail.google.com/mail/u/0/?ui=2&ik=a50597c491&jsver=2WGmGQ4tSfE.en.&view=pt&search=inbox&th=1611088540e24ee2&siml=1611088540… 2/2