Agreed Motion to Deem Amicus

Summary

Agreed motion by the States of Washington, Massachusetts, New York and California in East Bay Sanctuary Covenant et al. v. Donald J. Trump et al., Case No. 3:18-cv-06810, in the U.S. District Court for the Northern District of California, filed November 19, 2018 as Document 42 in case 4:18-cv-06810-JST. The States ask the Court to deem their amicus curiae brief at Dkt. 19-1, supporting the plaintiffs' motion for a temporary restraining order, filed as of November 14, 2018. They explain the Court had already granted leave to file the brief (Dkt. 20), that their counsel overlooked the order due to illness, and that all parties knew of the brief and consent, so no party is prejudiced. The motion is signed /s/ Megan D. Lin for Washington State Attorney General Robert W. Ferguson.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

AGREED MOTION TO DEEM AMICUS
BRIEF FILED -  NO.  3:18-CV-06810
1
ATTORNEY GENERAL OF WASHINGTON
Complex Litigation Division
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
(206) 464-7744

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

Megan D. Lin, SBN # 298267
Laura K. Clinton, WSBA #29846
Colleen M. Melody, WSBA #42275
Kristin Beneski, WSBA #45478
Assistant Attorneys General
Office of the Attorney General
800 Fifth Avenue, Suite 2000
Seattle, WA  98104
(206) 464-5342

The Honorable Jon S. Tigar

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

East Bay Sanctuary Covenant; Al Otro
Lado; Innovation Law Lab; and Central
American Resource Center in Los
Angeles,
Plaintiffs,
v.
Donald J. Trump, President of the United
States, in his official capacity; Matthew
G. Whitaker, Acting Attorney General, in
his official capacity; U.S. Department of
Justice; James McHenry, Director of the
Executive Office for Immigration
Review, in his official capacity; the
Executive Office for Immigration
Review; Kirstjen M. Nielsen, Secretary of
Homeland Security, in her official
capacity; U.S. Department of Homeland
Security; Lee Francis Cissna, Director of
the U.S. Citizenship and Immigration
Case No.  3:18-cv-06810

AGREED MOTION TO DEEM THE
AMICUS CURIAE BRIEF AT DKT.
19-1 FILED

Hearing Date: November 19, 2018,
9:30AM
Case 4:18-cv-06810-JST   Document 42   Filed 11/19/18   Page 1 of 3

AGREED MOTION TO DEEM AMICUS
BRIEF FILED -  NO.  3:18-CV-06810
2
ATTORNEY GENERAL OF WASHINGTON
Complex Litigation Division
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
(206) 464-7744

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

Services, in his official capacity; U.S.
Citizenship and Immigration Services;
Kevin K. McAleenan, Commissioner of
U.S. Customs and Border Protection, in
his official capacity; U.S. Customs and
Border Protection; Ronald D. Vitiello,
Acting Director of Immigration and
Customs Enforcement, in his official
capacity; Immigration and Customs
Enforcement,
Defendants.

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE THAT the States of Washington, Massachusetts, New York,
and California (States) respectfully move the Court to deem their amicus curiae brief, in the
record at Dkt. 19-1, filed on November 14, 2018.  No party will be prejudiced and the Court has
already granted the motion for the States to participate as amici and for leave to file the brief
(Dkt. 20).  Counsel for the parties have consented to this filing.
I.
BACKGROUND AND ARGUMENT

On November 14, 2018—with permission from both parties—the States filed an
unopposed motion to file an amicus brief in support of Plaintiffs’ motion for temporary
restraining order (Dkt. 19) and attached the proposed amicus brief (Dkt. 19-1). The Court
promptly granted the motion, allowing the States to formally file their amicus brief (Dkt. 20).
Due to illness, the States’ counsel overlooked notice of that order on the docket, but all parties
were aware of the amicus filing and had the opportunity to respond prior to today’s hearing on
Plaintiffs’ motion for temporary restraining order.  Thus, no party is prejudiced by the States’
request.

Case 4:18-cv-06810-JST   Document 42   Filed 11/19/18   Page 2 of 3

AGREED MOTION TO DEEM AMICUS
BRIEF FILED -  NO.  3:18-CV-06810
3
ATTORNEY GENERAL OF WASHINGTON
Complex Litigation Division
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
(206) 464-7744

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

II.
CONCLUSION
Counsel for Defendants and Plaintiffs are aware of this motion and have no objections.
For the foregoing reasons, the amici States respectfully request that the amicus curiae brief  at
Dkt. 19-1 be deemed filed on November 14, 2018.

Respectfully submitted this 19th day of November, 2018.

ROBERT W. FERGUSON
Washington State Attorney General

/s/ Megan D. Lin
MEGAN D. LIN, SNB # 298267
COLLEEN M. MELODY, WSBA #42275
Civil Rights Division Chief
LAURA K. CLINTON, WSBA #29846
KRISTIN BENESKI, WSBA #45478
Assistant Attorneys General
Office of the Attorney General
800 Fifth Avenue, Suite 2000
Seattle, WA  98104
Tel: (206) 464-5342
MeganL@atg.wa.gov
ColleenM1@atg.wa.gov
LauraC5@atg.wa.gov
KristinB1@atg.wa.gov
Attorneys for the State of Washington

Case 4:18-cv-06810-JST   Document 42   Filed 11/19/18   Page 3 of 3

File and source

File

gov.uscourts.cand.334557.42.0.pdf

Size

34,747 bytes

SHA-256

906a8d92c270791a32393cb6a2bd108d6a6f6d26bce1750ed5afc5e3b60771d0

Our copy

gov.uscourts.cand.334557.42.0.pdf

Original

archive.org