Case: Hawaii v. Trump

1:17-cv-00050 | U.S. District Court for the District of Hawaii

Filed Date: Feb. 3, 2017

Closed Date: Oct. 2, 2018

Clearinghouse coding complete

Case Summary

The below summary is a condensed version. The full summary can be found here on the Clearinghouse website. Hawaii Attorney General Douglas S. Chin filed this lawsuit on February 3, 2017 against President Trump’s Jan. 27, 2017 Executive Order (EO-1) barring legal immigrants, visitors, and refugees from seven majority-Muslim countries from entering the US and barring Syrian refugees indefinitely. The State filed a concurrent complaint and motion for a temporary restraining order in the U.S. Distr…

The below summary is a condensed version. The full summary can be found here on the Clearinghouse website.

Hawaii Attorney General Douglas S. Chin filed this lawsuit on February 3, 2017 against President Trump’s Jan. 27, 2017 Executive Order (EO-1) barring legal immigrants, visitors, and refugees from seven majority-Muslim countries from entering the US and barring Syrian refugees indefinitely. The State filed a concurrent complaint and motion for a temporary restraining order in the U.S. District Court for the District of Hawaii. The case was assigned to Judge Derrick K. Watson.

The complaint argued that Hawaii has an interest in protecting “its residents, its employers, its educational institutions, and its sovereignty against illegal actions of President Donald J. Trump.” The complaint noted that Hawaii is the nation’s most ethnically diverse state, and that EO-1 was tearing apart families and wounding Hawaii’s economic institutions. The complaint alleged that EO-1 violated the First Amendment Establishment Clause, Fifth Amendment equal protection and due process rights, the Administrative Procedure Act, and the Immigration and Nationality Act.

Hawaii sought declaratory and injunctive relief; it asked the court to enjoin defendants nationwide from barring entry to the US of immigrants and nonimmigrants pursuant to EO-1.

On March 6, prompted by adverse developments in another case, Washington v. Trump, the President rescinded the Jan. 27 EO and replaced it with a narrower one, Executive Order 13780 (EO-2). EO-2 departed from EO-1 in two significant ways: first, it removed Iraq from the list of countries covered by the order, and second it no longer barred entry to lawful permanent residents and existing visa holders. Additionally, for other would-be travelers and immigrants, it banned entry into the United States but set up a case-by-case waiver process.

On March 8, the court allowed Hawaii to file a Second Amended Complaint and motion for TRO. The State of Hawaii's Second Amended Complaint alleged that "the second Executive Order is infected with the same legal problems as the first Order," namely, that it violated the First and Fifth Amendments along with the INA and APA. Later, a number of parties, including many civil rights advocacy groups, filed their appearance in the suit. A number of parties also filed amici briefs and appearances.

On March 15, the District Court heard oral argument on Hawaii's motion for a temporary restraining order. The court granted the motion on the same day, enjoining the defendants nationwide from enforcing or implementing Sections 2 and 6 of EO-2. Specifically, the court found that the plaintiffs had met their burden of establishing a strong likelihood of success on the merits of their Establishment Clause claim, that irreparable injury is likely if the requested relief is not issued, and that the balance of the equities and public interest counsel in favor of granting the requested relief. This was the first nationwide injunction of EO-2. 241 F. Supp. 3d 1119.

Six days after winning the temporary restraining order, the plaintiffs filed a motion, along with accompanying declarations, to convert the temporary restraining order into a preliminary injunction. On March 29, the court heard oral arguments on the plaintiffs' motion to convert the TRO into a preliminary injunction. On the same day, the court granted the motion and enjoined Sections 2 and 6 of the EO across the nation. On March 30, the DOJ filed a notice of appeal. 245 F. Supp. 3d 1227.

The parties filed a joint motion to suspend district court proceedings pending resolution of the DOJ's appeal at the Ninth Circuit. The court granted this motion and the matter thus moved entirely to the Ninth Circuit. On April 7, the DOJ moved in the Ninth Circuit for a stay of the district court's injunction pending the Ninth Circuit appeal.

On June 1, the Ninth Circuit issued its opinion upholding the district court's preliminary injunction in major part. In an 86-page per curiam opinion by Judges Michael Daly Hawkins, Ronald M. Gould, and Richard A. Paez, the Court of Appeals addressed only the issues of justiciability and the statutory claims, finding the matter justiciable and holding that the Immigration and Nationality Act forbids nationality discrimination in visa-issuance (and therefore in categorical rules governing entry) and also forbids summary changes to the number of refugees admissible in a given year. The Court of Appeals narrowed the preliminary injunction to remove its direct applicability to President Trump (while affirming its coverage of the governmental actors who would carry out EO-2) and to allow the interagency consultation required by EO-2 to proceed unimpeded.

On June 26, the Supreme Court agreed to hear this case and consolidated it with IRAP v. Trump, an analogous case from the District of Maryland. In addition to the issues identified in the petitions, the High Court directed the parties to address the following question: "Whether the challenges to §2(c) [the part of the EO that suspended entry to nationals from Iran, Libya, Somalia, Sudan, and Yemen for ninety days] became moot on June 14, 2017." The Supreme Court declined to stay most of the preliminary injunction, but did reverse that injunction's application to "foreign nationals who lack any bona fide relationship with a person or entity in the United States." The Court noted that foreign nationals who do not have a close family tie or a formal, documented relationship with an entity (such as a school or employer) may have §2(c) enforced against them.

The Supreme Court set an October 2017 hearing for the consolidated cases, but in the meantime it remained for the district court to adjudicate disputes over what remained of the preliminary injunction. From late June through July, the remaining issues in the case made their way through the district court and eventually back to the Ninth Circuit. On Sept 7, the Ninth Circuit issued a per curium opinion affirming, in its entirety, the district court's July 13 modification of its preliminary injunction, which prohibited the federal government from applying EO-2 to grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the US.

On September 11, the federal government moved to stay the Ninth Circuit's order, arguing that the Ninth Circuit's decision rendered the Supreme Court's June 26 stay "functionally inoperative" in that it would "disrupt the status quo and frustrate orderly implementation of the [Executive Order's] refugee provisions that [SCOTUS] made clear months ago could take effect." That same day, the Supreme Court issued the following order: "It is ordered that the mandate of the United States Court of Appeals for the Ninth Circuit, case No. 17-16426, is hereby stayed with respect to refugees covered by a formal assurance, pending receipt of a response, due on or before Tuesday, September 12, 2017, by 12p.m., and further order of the undersigned or of the Court."

The Supreme Court was set to hear this case on the merits on October 10. However, the travel ban imposed by EO-2 expired on September 24. That same day, the Trump Administration signed a new proclamation (EO-3) indefinitely restricting travel from the following eight countries: Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen. The Supreme Court cancelled the October 10 hearing, issuing the following order: "We granted certiorari in this case to resolve a challenge to the temporary suspension of entry of aliens abroad under Section 2(c) of Executive Order No. 13,780. Because that provision of the Order expired by its own terms on September 24, 2017, the appeal no longer presents a live case or controversy. Following our established practice in such cases, the judgment is therefore vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit with instructions to dismiss as moot the challenge to Executive Order. No. 13,780. We express no view on the merits. Justice Sotomayor dissents from the order vacating the judgment below and would dismiss the writ of certiorari as improvidently granted."

Hawaii filed its third amended complaint and moved for a temporary restraining order. The Third Amended Complaint argued that EO-3, continued to target Muslim-majority countries and would continue to harm Hawaii’s economy and hinder the state’s efforts to assist refugees. Hawaii further moved for a TRO, to which the federal government responded with a motion to oppose on October 14. On October 17, District Judge Derrick K. Watson granted Hawaii's TRO motion and fully enjoined the federal government from enforcing or implementing Sections 2(a), (b), (c), (e), (g), and (h) of EO-3 across the nation. Judge Watson held that EO-3's aspirational policy goals of combatting terrorism and fostering cooperativeness in other countries are not tantamount to a finding by the President that the entry of any aliens into the US would be detrimental to US interests, as required by the INA: "[M]any of EO-3's structural provisions are unsupported by verifiable evidence, undermining any claim that its findings 'support the conclusion' to categorically ban the entry of millions." 265 F. Supp. 3d 1140.

On October 24, the DOJ appealed the district court's preliminary injunction to the Ninth Circuit (Docket # 17-17168) and requested that the Ninth Circuit stay the district court's PI pending final disposition of the appeal on the merits. The Ninth Circuit granted in part and denied in part the government's motion for an emergency stay of the district court's preliminary injunction pending hearing on November 13. The court of appeals stayed the injunction in its entirety except as to foreign nationals who have a credible claim of a bona fide relationship with a person or an entity in the United States. Citing the earlier Ninth Circuit decision, 871 F.3d 646, the court noted that persons with a "bona fide relationship" include grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins. Regarding relationships with U.S. entities, the court noted that such relationships must be "formal, documented, and formed in the ordinary course, rather than for the purpose of evading [EO-3]." 2017 WL 5343014.

On November 21, the DOJ asked the Supreme Court to stay the injunction. The Supreme Court did so on December 4, issuing the following order: "The application for a stay presented to Justice Kennedy and by him referred to the Court is granted, and the District Court's October 20, 2017 order granting a preliminary injunction is stayed pending disposition of the Government's appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the Government's petition for a writ of certiorari, if such a writ is sought. If a writ of certiorari is sought and the Court denies the petition, this order shall terminate automatically. If the Court grants the petition for a writ of certiorari, this order shall terminate when the Court enters its judgment. In light of its decision to consider the case on an expedited basis, we expect that the Court of Appeals will render its decision with appropriate dispatch. Justice Ginsburg and Justice Sotomayor would deny the application."

On December 6, the parties held oral argument before the Ninth Circuit on the DOJ's emergency stay motion. On December 22, the Ninth Circuit issued a per curium opinion affirming the district court's order enjoining EO-3's sections 2(a), (b), (c), (e), (g), and (h), but limiting the scope of the preliminary injunction to foreign nationals who have a bona fide relationship with a person or entity in the United States.

2018 Developments --

On January 5, 2018, the DOJ filed for cert. in the Supreme Court, No. 17-965. The Supreme Court granted cert on January 19. The Supreme Court heard oral arguments on April 25 and a full recording of the arguments can be found here.

On June 26, the Supreme Court reversed the Ninth Circuit judgment, rejecting plaintiffs' constitutional challenges to EO-3. Writing for the majority, Chief Justice Roberts endorsed a broad view of presidential power, holding that under the INA the President has "broad discretion to suspend the entry of aliens into the United States” and that here the President "lawfully exercised that discretion.” The majority dismissed the plaintiffs’ claims that the President must explain his findings, calling the argument “questionable” and writing that “the 12-page Proclamation—which thoroughly describes the process, agency evaluations, and recommendations underlying the President’s chosen restrictions—is more detailed than any prior order a President has issued under §1182(f).” As for plaintiff’s Establishment Clause argument, the Court first noted that EO-3's facially neutral policy towards religion forced the Court to take the extra step of probing "the sincerity of the stated justifications for the policy by reference to extrinsic statements—many of which were made before the President took the oath of office.” Applying a rational basis test, the Court found that “the Proclamation is expressly premised on legitimate purposes: preventing entry of nationals who cannot be adequately vetted and inducing other nations to improve their practices. The text says nothing about religion.” Notably, the Court did however use the opinion to officially repudiate Korematsu writing that the decision was "was gravely wrong the day it was decided.”

In her powerful dissent, Justice Sotomayor opened by writing: "The United States of America is a Nation built upon the promise of religious liberty. Our Founders honored that core promise by embedding the principle of religious neutrality in the First Amendment. The Court’s decision today fails to safeguard that fundamental principle. It leaves undisturbed a policy first advertised openly and unequivocally as a “total and complete shutdown of Muslims entering the United States” because the policy now masquerades behind a façade of national-security concerns. But this repackaging does little to cleanse Presidential Proclamation No. 9645 of the appearance of discrimination that the President’s words have created. Based on the evidence in the record, a reasonable observer would conclude that the Proclamation was motivated by anti-Muslim animus. That alone suffices to show that plaintiffs are likely to succeed on the merits of their Establishment Clause claim. The majority holds otherwise by ignoring the facts, misconstruing our legal precedent, and turning a blind eye to the pain and suffering the Proclamation inflicts upon countless families and individuals, many of whom are United States citizens.” 137 S.Ct. 2080.

On August 10, 2018, the Ninth Circuit remanded the case to the district court for further proceedings in light of the Supreme Court decision. The plaintiffs gave notice of voluntary dismissal in the district court three days later. On October 2, 2018, the district court issued a formal order that the case was dismissed without prejudice.

	Document
0:16-01540	Docket [Supreme Court] Trump v. Hawaii Supreme Court of the United States	Nov. 27, 2017	Nov. 27, 2017 Docket
0:17-17168	Docket [PACER] State of Hawaii v. Trump U.S. Court of Appeals for the Ninth Circuit	April 2, 2018	April 2, 2018 Docket
1:17-cv-00050	Docket [PACER] State of Hawaii v. Trump	Oct. 2, 2018	Oct. 2, 2018 Docket
1 1:17-cv-00050	Complaint for Declaratory and Injunctive Relief; Summons State of Hawaii v. Trump	Feb. 3, 2017	Feb. 3, 2017 Complaint
10 1:17-cv-00050	Declaration of Douglas S. Chin in Support of Plaintiff's Motion for Temporary Restraining Order State of Hawaii v. Trump	Feb. 3, 2017	Feb. 3, 2017 Declaration/Affidavit
2 1:17-cv-00050	Plaintiff's Motion for Temporary Restraining Order State of Hawaii v. Trump	Feb. 3, 2017	Feb. 3, 2017 Pleading / Motion / Brief
25 1:17-cv-00050	State of Hawaii's Opposition to United States' Emergency Motion to Stay All Deadlines State of Hawaii v. Trump	Feb. 6, 2017	Feb. 6, 2017 Pleading / Motion / Brief
20 0:17-15589	Proposed Plaintiffs-Intervenors' Motion for Leave to Intervene State of Hawaii v. Trump U.S. Court of Appeals for the Ninth Circuit	Feb. 6, 2017	Feb. 6, 2017 Pleading / Motion / Brief
32 1:17-cv-00050	Order Granting in Part and Denying in Part Defendants' Emergency Motion to Stay Deadlines Pending Resolution of Appellate Proceedings Regarding Nationwide Injunction State of Hawaii v. Trump	Feb. 9, 2017	Feb. 9, 2017 Order/Opinion 233 F.Supp.3d 850
37 1:17-cv-00050	First Amended Complaint for Declaratory and Injunctive Relief State of Hawaii v. Trump	Feb. 13, 2017	Feb. 13, 2017 Complaint

Title	Description		External URL Date / External URL
State of Hawaii v. Trump_Full Summary	Full summary of State of Hawaii v. Trump	March 22, 2019	March 22, 2019
Hawaii v. Trump Constitutional Accountability Center	On January 27, 2017, President Trump issued an executive order that, among other things, banned individuals from Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen – all majority Muslim countries – …	June 26, 2018	June 26, 2018 https://www.theusconstitution.org/...
Trump v. Hawaii Oyez	On January 27, 2017, President Donald Trump signed Executive Order No. 13,769 (EO-1), which, among other things, suspended entry for 90 days of foreign nationals from seven countries identified by Co…	June 26, 2018	June 26, 2018 https://www.oyez.org/...
April 25, 2018 Supreme Court Oral Argument SCOTUS	Audio recording of the April 25, 2018 Supreme Court oral arguments in Trump v. Hawaii.	April 25, 2018	April 25, 2018 https://www.supremecourt.gov/...
Presidential Executive Order (13815) on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities United States	Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities	Oct. 24, 2017	Oct. 24, 2017 https://www.federalregister.gov/...
Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats President Donald Trump		Sept. 24, 2017	Sept. 24, 2017 https://www.federalregister.gov/...
Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence Donald Trump	This memorandum provides guidance for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence in light of two preliminary injunctio…	June 14, 2017	June 14, 2017 https://trumpwhitehouse.archives.gov/...
Video: Ninth Circuit Hears Travel Ban Oral Arguments Ninth Circuit	The Ninth Circuit Court of Appeals reviewed the decision of Hawaii U.S. District Court Judge Derrick Watson regarding the enforcement of President Trump’s travel ban. Judge Watson issued a preliminar…	May 15, 2017	May 15, 2017 https://www.c-span.org/...
Trump v. State of Hawai’i and Elshikh Global Freedom of Expression	On March 29 2017, the District Court for Hawaii granted a preliminary injunction effectively extending a two-week old nationwide temporary restraining order (TRO) on an Executive Order which had plac…	March 15, 2017	March 15, 2017 https://globalfreedomofexpression.columbia.edu/...
Documents in State of Hawaii et al v. Trump—A Challenge to President Trump’s March 6, 2017 Travel Ban Hogan Lovells	On March 7, 2017, the State of Hawaii filed a joint motion with the U.S. Government setting out a proposed briefing schedule, whereby it will file its complaint and TRO by March 8, the U.S. Governmen…	March 7, 2017	March 7, 2017 http://hoganlovells.com/...
Executive Order 13780: Protecting The Nation From Foreign Terrorist Entry Into The United States President Donald Trump	In light of the Ninth Circuit's observation that the political branches are better suited to determine the appropriate scope of any suspensions than are the courts, and in order to avoid spending add…	March 6, 2017	March 6, 2017 https://www.federalregister.gov/...
Executive Order 13769: Protecting the Nation from Foreign Terrorist Entry into the United States President Donald Trump	This Executive Order restricted travel, immigration, and visas for people from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen, and put the U.S. refugee program on hold for 120 days.	Jan. 27, 2017	Jan. 27, 2017 https://www.gpo.gov/...

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief against Donald J. Trump ( Filing fee $ 400 receipt number 0975-1825544.), filed by State of Hawaii. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 JS 44 - Civil Cover Sheet, # 13 Tillerson Summons, # 14 State Department Summons, # 15 DHS Summons, # 16 Kelly Summons)(Chin, Douglas) (Entered: 02/03/2017) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER 11 Exhibit 11 View on PACER 12 JS 44 - Civil Cover Sheet View on RECAP 13 Tillerson Summons View on PACER 14 State Department Summons View on PACER 15 DHS Summons View on PACER 16 Kelly Summons View on PACER	Feb. 3, 2017	Feb. 3, 2017 Clearinghouse
2	MOTION for Temporary Restraining Order Douglas S.G. Chin appearing for Plaintiff State of Hawaii (Attachments: # 1 Memorandum in Support of TRO, # 2 Certificate with Word Count, # 3 Proposed TRO)(Chin, Douglas) (Entered: 02/03/2017) 1 Memorandum in Support of TRO View on RECAP 2 Certificate with Word Count View on PACER 3 Proposed TRO View on RECAP	Feb. 3, 2017	Feb. 3, 2017 Clearinghouse
3	NOTICE of Case Assignment: Please reflect Civil case number CV 17-00050 DKW-KJM on all further pleadings. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
4	Summons Issued as to Rex Tillerson, in his capacity as Secretary of State. (emt, ) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 Clearinghouse
5	Summons Issued as to U.S. Department of State. (emt, ) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 Clearinghouse
6	Summons Issued as to U.S. Department of Homeland Security. (emt, ) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 Clearinghouse
7	Summons Issued as to John F. Kelly, in his capacity as Secretary of the U.S. Department of Homeland Security. (emt, ) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 Clearinghouse
8	Order Setting Rule 16 Scheduling Conference for 09:30AM on 4/3/2017 before Magistrate Judge KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/3/2017. (Attachments: # 1 Memo from Clerk Re: Corporate Disclosure Statements) (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (Entered: 02/03/2017) 1 Memo from Clerk Re: Corporate Disclosure Statements View on PACER	Feb. 3, 2017	Feb. 3, 2017 Clearinghouse
9	CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedures. (Attachments: # 1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, # 2 AO 399 Waiver of Service of Summons) (emt, ) (Entered: 02/03/2017) 1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons View on PACER 2 AO 399 Waiver of Service of Summons View on PACER	Feb. 3, 2017	Feb. 3, 2017 PACER
10	Declaration re 2 MOTION for Temporary Restraining Order . (Attachments: # 1 Exhibit A - Doe 1, # 2 Exhibit B - Doe 2, # 3 Exhibit C - Doe 3, # 4 Exhibit D - Dickson Declaration, # 5 Exhibit E - Slaveria Declaration, # 6 Exhibit F - Szigeti Declaration, # 7 Exhibit G - Higashi Declaration, # 8 Exhibit H - Elshikh Declaration)(Chin, Douglas) (Entered: 02/03/2017) 1 Exhibit A - Doe 1 View on PACER 2 Exhibit B - Doe 2 View on PACER 3 Exhibit C - Doe 3 View on PACER 4 Exhibit D - Dickson Declaration View on PACER 5 Exhibit E - Slaveria Declaration View on PACER 6 Exhibit F - Szigeti Declaration View on PACER 7 Exhibit G - Higashi Declaration View on PACER 8 Exhibit H - Elshikh Declaration View on PACER	Feb. 3, 2017	Feb. 3, 2017 Clearinghouse
11	Summons (Proposed) (Chin, Douglas) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
12	Summons Issued as to Donald J. Trump, in his official capacity as President of the United States. (emt, ) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
13	Summons (Proposed) (Chin, Douglas) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
14	Summons Issued as to United States of America. (emt, ) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 Clearinghouse
15	EX PARTE Motion for In Camera Review of Exhibits A, B, and C to Declaration of Douglas S. Chin in Support of Plaintiff's Motion for Temporary Restraining Order; Clyde J. Wadsworth appearing for Plaintiff State of Hawaii (Attachments: # 1 Declaration of Clyde J. Wadsworth, # 2 Proposed Order)(Wadsworth, Clyde) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
16	MOTION for Pro Hac Vice Appearance of Neal Katayal for Plaintiff State of Hawaii, Filing fee $ 300, receipt number 0975-1825774.Deirdre Marie-Iha appearing for Plaintiff State of Hawaii (Marie-Iha, Deirdre) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 Clearinghouse
17	ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO NEAL KATYAL re: 16 . Signed by U.S. MAGISTRATE JUDGE KENNETH J. MANSFIELD on 2/3/2017.(afc) NEAL KATYAL, ESQ. (Law firm: Hogan Lovells US LLP) added as attorney pro hac vice for plaintiff STATE OF HAWAII.CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications. (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 Clearinghouse
18	EO: The Court is in receipt of Plaintiff State of Hawaii's Motion for Temporary Restraining Order (''TRO''). Dkt. No. 2. The Government shall file a response to the Motion for TRO by Tuesday, February 7, 2017 at 12:00 noon (HST). The Court will hold a hearing on the Motion for TRO on Wednesday, February 8, 2017 at 9:30 a.m. (HST). (JUDGE DERRICK K. WATSON)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
19	NOTICE of Hearing on Motion 2 MOTION for Temporary Restraining Order. Motion Hearing date has been set for 2/8/2017 at 9:30 AM in Aha Kupono before JUDGE DERRICK K. WATSON. (tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
20	MOTION for Pro Hac Vice for Elizabeth M. Hagerty Filing fee $ 300, receipt number 0975-1826107.Deirdre Marie-Iha appearing for Plaintiff State of Hawaii (Marie-Iha, Deirdre) (Entered: 02/05/2017)	Feb. 5, 2017	Feb. 5, 2017 PACER
21	ORDER Granting 20 Motion to Appear Pro Hac Vice. [Pro Hac Vice: Elizabeth Hagerty]. Signed by Magistrate Judge KENNETH J. MANSFIELD on 2/6/2017. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER
22	NOTICE of Appearance by Michelle R. Bennett on behalf of John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America on behalf of John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America. (Bennett, Michelle) (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER
23	Emergency MOTION to Stay re 18 Link,,, Michelle R. Bennett appearing for Defendants John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America (Attachments: # 1 Memorandum, # 2 Proposed Order)(Bennett, Michelle) (Entered: 02/06/2017) 1 Memorandum View on PACER 2 Proposed Order View on PACER	Feb. 6, 2017	Feb. 6, 2017 RECAP
24	EO: The Court is in receipt of Defendants' Emergency Motion to Stay All Deadlines Pending Resolution of Appellate Proceedings Regarding Nationwide Injunction (''Motion to Stay''). Dkt. No. 23. Plaintiff State of Hawaii may file a response to the Motion to Stay by no later than Tuesday, February 7, 2017 at 9:00 a.m. (HST). (JUDGE DERRICK K. WATSON)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER
25	MEMORANDUM in Opposition re 23 Emergency MOTION to Stay re 18 Link,,, filed by State of Hawaii. (Chin, Douglas) (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017 Clearinghouse
26	Errata re 25 Memorandum in Opposition to Motion for Emergency Stay. (Marie-Iha, Deirdre) (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER
27	EO: Defendants' Emergency Motion to Stay All Deadlines Pending Resolution of Appellate Proceedings Regarding Nationwide Injunction is hereby GRANTED IN PART. Dkt. No. 23 . All pending deadlines and the hearing set for February 8, 2017 are VACATED. The matter is stayed as long as the February 3, 2017 injunction entered in Washington v. Trump, 2:17-cv-141 (W.D. Wash.), remains in place, or until further order of this Court. All further relief requested by the Emergency Motion is DENIED. A written order setting forth the Court's reasoning will follow. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(watson1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry Modified to create link to motion on 2/7/2017 (ecs, ). (Entered: 02/07/2017)	Feb. 7, 2017	Feb. 7, 2017 PACER
28	NOTICE of Appearance by Edric Ming-Kai Ching on behalf of John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America on behalf of John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America. (Ching, Edric) (Entered: 02/07/2017)	Feb. 7, 2017	Feb. 7, 2017 PACER
29	ORDER GRANTING 15 EX PARTE MOTION FOR IN CAMERA REVIEW OF EXHIBITS A, B, AND C TO DECLARATION OF DOUGLAS S. CHIN IN SUPPORT OF PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER. Signed by JUDGE DERRICK K. WATSON on 2/8/2017. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/08/2017)	Feb. 8, 2017	Feb. 8, 2017 PACER
30	MOTION to Partially Lift Stay Neal Katyal appearing for Plaintiff State of Hawaii (Attachments: # 1 Exhibit Proposed First Am. Compl., # 2 Exhibit Decl. of Clyde J. Wadsworth, # 3 Exhibit Proposed Order, # 4 Certificate of Service)(Katyal, Neal) (Entered: 02/08/2017) 1 Exhibit Proposed First Am. Compl. View on PACER 2 Exhibit Decl. of Clyde J. Wadsworth View on PACER 3 Exhibit Proposed Order View on PACER 4 Certificate of Service View on PACER	Feb. 8, 2017	Feb. 8, 2017 RECAP
31	EO: The Court is in receipt of Plaintiff State of Hawaii's Motion to Partially Lift Stay. Dkt. No. 30. The Government may file a response to the State's motion by Monday, February 13, 2017. Thereafter, the Court intends to rule on the motion without a hearing pursuant to Local Rule 7.2(d). IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/09/2017)	Feb. 9, 2017	Feb. 9, 2017 PACER
32	ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' EMERGENCY MOTION TO STAY DEADLINES PENDING RESOLUTION OF APPELLATE PROCEEDINGS REGARDING NATIONWIDE INJUNCTION. Signed by JUDGE DERRICK K. WATSON on 2/9/2017. -- T he Emergency Motion to Stay is GRANTED IN PART. This matter is stayed as long as the February 3, 2017 injunction entered in Washington v. Trump remains in full force and effect, or until further order of this Court. All further relief requested by the Emergency Motion to Stay is DENIED. Re: 23 Emergency MOTION to Stay Deadlines, 27 EO on Motion to Stay (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive elec tronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry	Feb. 9, 2017	Feb. 9, 2017 Clearinghouse
33	NOTICE of Appearance by Daniel Schwei on behalf of John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America on behalf of John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America. (Schwei, Daniel) (Entered: 02/10/2017)	Feb. 10, 2017	Feb. 10, 2017 PACER
34	NOTICE of Appearance by Brad P. Rosenberg on behalf of John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America on behalf of John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America. (Rosenberg, Brad) (Entered: 02/13/2017)	Feb. 13, 2017	Feb. 13, 2017 PACER
35	STATEMENT of No Position re 30 MOTION to Partially Lift Stay filed by John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America. (Rosenberg, Brad) (Entered: 02/13/2017)	Feb. 13, 2017	Feb. 13, 2017 Clearinghouse
36	EO: Upon consideration of the State of Hawaii's Motion to Partially Lift Stay ("Motion")(Dkt. No. 30), the Government's Statement of No Position (Dkt. No. 35), and good cause appearing therefor, the State's Motion is hereby GRANTED. The State may file (1) its Proposed First Amended Complaint, and (2) the Declaration of Clyde J. Wadsworth Regarding Exhibit C to Declaration of Douglas S. Chin in Support of Plaintiff's Motion for Temporary Restraining Order, both in the form previously submitted to the Court as exhibits to the Motion (see Dkt. Nos. 30-1 and 30-2). The State may do so no later than Wednesday, February 15, 2017. The Court's February 9, 2017 stay order (Dkt. No. 32) otherwise remains in place. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/13/2017)	Feb. 13, 2017	Feb. 13, 2017 PACER
37	FIRST AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants, filed by State of Hawaii. (Attachments: # 1 Certificate of Service)(Katyal, Neal) Modified docket text on 2/14/2017 (ecs, ). (Entered: 02/13/2017) 1 Certificate of Service View on RECAP	Feb. 13, 2017	Feb. 13, 2017 Clearinghouse
38	Declaration of Clyde J. Wadsworth Regarding Exhibit C to Declaration of Douglas S. Chin in Support of Plaintiff's Motion for Temporary Restraining Order. (Attachments: # 1 Certificate of Service)(Wadsworth, Clyde) (Entered: 02/14/2017) 1 Certificate of Service View on PACER	Feb. 14, 2017	Feb. 14, 2017 Clearinghouse
39	Letter from Deidre Marie-Iha, Deputy Attorney to Hon. Derrick K. Watson, 2/15/2017. Re: Pending Pro Hac Vice Applications (ecs, ) (Entered: 02/15/2017)	Feb. 15, 2017	Feb. 15, 2017 PACER
40	EO: The Court hereby lifts the stay in this matter for the limited purpose of allowing the parties to file Motions to Appear Pro Hac Vice, Notices of Appearance of Counsel, and/or Applications to Practice, consistent with Local Rules 83.1(d) and (e). The Court's February 9, 2017 stay order (Dkt. No. 32) otherwise remains in place. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/15/2017)	Feb. 15, 2017	Feb. 15, 2017 PACER

Case: Hawaii v. Trump

1:17-cv-00050 | U.S. District Court for the District of Hawaii

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