Case 1:18-cv-01458-PLF Document 50 Filed 08/27/18 Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA M.G.U, et al. ) ) ) Plaintiffs, ) ) v. ) ) Kirstjen Nielsen, et al., ) ) Defendants. ) ) _________________________________________ ) No. 1:18-cv-01458 (PLF) JOINT STATUS REPORT The parties, by and through their undersigned counsel, respectfully submit the following report in accordance with the Court’s August 20, 2018 Minute Order. Plaintiffs’ Position Plaintiffs’ counsel is currently in the process of arranging meetings with their clients so that they can discuss the litigation with those clients and make decisions about how to proceed with this litigation. Due to the urgency of other work commitments, as well as the difficulty of arranging those meetings, Plaintiffs request an additional two weeks, or until September 10, to complete those meetings and report back to the Court. With respect to the service issue raised by Defendants, Plaintiffs expect to effect service of the Complaint by certified mail today. Plaintiffs’ counsel has advised Defendants’ counsel that they are in the process of discussing the status of this case with their clients, and have suggested that Defendants wait until the resolution of those discussions to file their motion to dismiss, as the decisions Plaintiffs make (including the possibility that Plaintiffs may seek to file an Amended Case 1:18-cv-01458-PLF Document 50 Filed 08/27/18 Page 2 of 4 Complaint) may impact such a motion. If Defendants nevertheless proceed with a motion to dismiss, Plaintiffs’ current intention is to oppose any such motion. Defendants’ Position Defendants have not yet been properly served in accordance with Federal Rule of Civil Procedure 4. Once service is made on the U.S. Attorney’s Office, the rules of procedure afford Defendants 60 days to move to dismiss or answer the Complaint. Defendants plan to file a motion to dismiss the Complaint on or before Defendants’ deadline to respond to the complaint afforded by the Federal Rules of Civil Procedure. Moreover, as Defendants believe this case is moot, they plan to file a motion to dismiss the Complaint as moot, and may do so in advance of their response deadline. 2 Case 1:18-cv-01458-PLF Document 50 Filed 08/27/18 Page 3 of 4 Respectfully submitted, DATE: August 27, 2018 PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP /s/ Steven C. Herzog Steven C. Herzog (admitted pro hac vice) Meredith A. Arfa (admitted pro hac vice) Anand Sithian (admitted pro hac vice) Katherine Kelly Fell (admitted pro hac vice) 1285 Avenue of the Americas New York, NY 10019-6064 (212) 373-3000 sherzog@paulweiss.com marfa@paulweiss.com asithian@paulweiss.com kfell@paulweiss.com David J. Ball (DC Bar No. 460055) 2001 K Street, NW Washington, DC 20006-1047 (202) 223-7352 dball@paulweiss.com TEXAS RIOGRANDE LEGAL AID, INC. Jerome Wesevich (D.D.C. Bar No. TX0125) Amanda Chisholm (Texas Bar No. 24040684) Peter McGraw (Texas Bar No. 24081036) 1331 Texas Avenue El Paso, Texas 79901 (915) 241-0534 jwesevich@trla.org achisholm@trla.org pmcgraw@trla.org Attorneys for Plaintiffs and DATE: August 27, 2018 Respectfully submitted, CHAD A. READLER Acting Assistant Attorney General WILLIAM C. PEACHEY Director 3 Case 1:18-cv-01458-PLF Document 50 Filed 08/27/18 Page 4 of 4 WILLIAM C. SILVIS Assistant Director By: Sarah B Fabian SARAH B. FABIAN Senior Litigation Counsel U.S. Department of Justice Office of Immigration Litigation District Court Section Box 868, Ben Franklin Station Washington, DC 20442 Telephone: (202) 532-4824 Fax: (202) 616-8962 E-mail: Sarah.B.Fabian@usdoj.gov and JESSIE K. LIU, D.C. Bar #472845 United States Attorney DANIEL F. VAN HORN D.C. BAR # 924092 Civil Chief JEREMY S. SIMON, D.C. BAR #447956 Assistant United States Attorney 555 4th Street, N.W. Washington, D.C. 20530 (202) 252-2528 Jeremy.simon@usdoj.gov Counsel for Defendants 4