STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR SUBMITTING JOINT STATUS REPORT

JAMES L. ROBART, District Judge.

Pursuant to the May 30, 2017, Stipulation and Order to Stay Proceedings, Dkt. #34, Plaintiffs and Defendants, through their respective undersigned counsel, hereby stipulate and agree as follows:

1. Plaintiffs challenge Executive Order 13,780, titled "Protecting the Nation from Foreign Terrorist Entry into the United States," See 82 Fed. Reg. 13,209 (Mar. 6, 2017). Plaintiffs have filed a Second Amended Class Action Complaint for Declaratory and Injunctive Relief contesting the legality of the Executive Order, Dkt. #30, as well as a Motion for Class Certification, Dkt. #19.

2. On May 17, 2017, and May 22, 2017, respectively, the Court entered orders staying the proceedings in Washington v. Trump, No. 17-141JLR (W.D. Wash.), Dkt. #189, and Ali v. Trump, No. 17-135JLR (W.D. Wash.), Dkt. #95, pending resolution of the appeal in Hawaii v. Trump, No. 17-15589 (9th Cir.).

3. In light of the Court's orders staying proceedings in Washington and Ali, Plaintiffs and Defendants stipulated to a similar stay in this case. Pursuant to the parties' stipulation, on May 30, 2017, the Court entered an Order staying all proceedings in this case pending the Ninth Circuit's resolution of the appeal in Hawaii. See Stipulation and Order to Stay Proceedings, Dkt. #34. The Court further ordered the parties to file a joint status report within ten days of the Ninth Circuit's ruling in Hawaii so that the Court could evaluate the continued appropriateness of a stay at that time.

4. On June 12, 2017, the Ninth Circuit issued its decision in Hawaii, affirming in part and vacating in part the district court's entry of a preliminary injunction against enforcement of Sections 2 and 6 of the Executive Order. See Hawaii v. Trump, No. 17-15589, 2017 WL 2529640 (9th Cir. June 12, 2017). The Ninth Circuit overturned certain portions of the injunction involving internal-review procedures, but it upheld the remainder based on statutory grounds. Accordingly, the parties' joint status report is currently due on June 22, 2017.

5. On May 25, 2017, the Fourth Circuit issued a decision in International Refugee Assistance Project v. Trump, 857 F.3d 554 (4th Cir. 2017) (en banc), affirming a preliminary injunction against enforcement of Section 2(c) of the Executive Order on Establishment Clause grounds.

6. Defendants have sought Supreme Court review of the courts of appeals decisions in both Hawaii and IRAP. In particular, Defendants have asked the Supreme Court to grant certiorari in both cases so that they may be considered together and to stay the preliminary injunctions in both cases pending disposition of the petitions for writ of certiorari and any further proceedings in the Supreme Court. See Hawaii, No. 16A-1191 (filed June 1, 2017); IRAP, No. 16-1436 (filed June 1, 2017); IRAP, No. 16A-1190 (filed June 1, 2017). Defendants also requested expedited briefing on and consideration of their petitions for writ of certiorari so that the petitions could be considered before the Supreme Court adjourns for the summer and, if the Supreme Court grants review, merits briefing could be completed by the beginning of next Term. Pursuant to the schedules set by the Supreme Court, the certiorari petitions and stay applications were fully briefed on June 21, 2017.

7. To permit the parties to benefit from any decision(s) by the Supreme Court on the certiorari petitions and stay applications in Hawaii and IRAP before filing a joint status report on the continued appropriateness of the stay in this case, the parties stipulate and agree to an extension of time for submission of their joint status report. The parties shall file a joint status report on the continued appropriateness of the stay by July 14, 2017.

Accordingly, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs and Defendants, subject to the Court's approval, that:

A. The parties shall file a joint status report on the continued appropriateness of the stay in this case by July 14, 2017.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.