Saturday, February 11, 2017

Up Next, Out West -- In Seattle's Federal District Courthouse -- A Busy Monday Ahead.

I think this is an exclusive -- so please credit it.

Judge Robart has asked for genuinely short briefs (heh!) from each side, on whether the Ninth Circuit decision of Thursday should be treated as having converted his court's TRO ruling into a preliminary injunction ruling, such that no additional work would be needed at the trial court level, for the able judge to promptly rule on a preliminary injunction. He's given the parties until Monday to weigh in, with an eight page limit.

. . . .MINUTE ORDER by Judge James L. Robart

At Defendants' request, the court held a telephone conference concerning the Order Regarding the State of Washington's February 9, 2017, Letter ("Order"). . . .

During the telephone conference, Defendants asked the court for additional time to respond to the court's Order. The court heard from counsel for both Plaintiffs and Defendants on this issue.

The court GRANTS Defendants' request and MODIFIES its Order as follows:

(1) Plaintiffs and Defendants shall each file a separate memorandum no later than 12:00 p.m., Pacific Standard Time ("PST") on Monday, February 13, 2017.

(2) Each side's memorandum shall discuss whether the Ninth Circuit has construed the court's temporary restraining order ("TRO") (TRO (Dkt. # [52])) as a preliminary injunction, such that additional briefing and possible evidence on a motion for preliminary injunction is no longer required in the district court, see Washington v. Trump, No. 17-35105, slip op. at 7-8, Dkt. # 134 (9th Cir. 2017) ("[W]e believe. . . that the TRO should be considered to have the qualities of a reviewable preliminary injunction."); or whether the parties should submit additional briefing and evidence in the district court concerning the issue of a preliminary injunction, see Fed. R. Civ. P. 65(b)(3).

(3) The parties shall limit the length of their memoranda to eight pages.

(4) The court RESCHEDULES the telephonic hearing previously set at 11:00 a.m., PST, on Monday, February 13, 2017 (see Order at 2), to 3:00 p.m., PST, on Monday, February 13, 2017. . . .

Now you know. My take? He is likely to enter a preliminary injunction (with nation-wide effect) by late Tuesday -- unless Mr. Trump signs a now threatened new order, on Monday. Then, the parties would almost certainly agree that this litigation is to be stayed (with the TRO intact, indefinitely -- while the challenges to 45's forthcoming new order are litigated). Now you know -- with more celestial events afoot this evening -- and a sweet baby-girl, in tow, for a sleep-over. . . . smile. . . .


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