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

JAMES L. ROBART, District Judge.

Pursuant to the Court's May 17, 2017 Order Granting Motion for Stay, Dkt. #189, Plaintiffs and Defendants, through their respective undersigned counsel, hereby stipulate and agree as follows:

1. Plaintiffs challenge Executive Order 13,769 and 13,780, each titled "Protecting the Nation from Foreign Terrorist Entry into the United States." See 82 Fed. Reg. 8,977 (Feb. 1, 2017); 82 Fed. Reg. 13,209 (Mar. 6, 2017). On May 17, 2017, the Court entered an Order staying proceedings in this case pending the Ninth Circuit's resolution of the appeal in Hawaii v. Trump, No. 17-15589 (9th Cir.). See Order Granting Motion for Stay, Dkt. #189. 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.

2. 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, and vacated the injunction to the extent it ran against the President, but it upheld the remainder based on statutory grounds. Accordingly, the parties' joint status report is currently due on June 22, 2017.

3. 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.

4. 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.

5. To permit the parties to be informed by 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 6, 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 6, 2017.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.