STIPULATION AND ORDER TO LIFT STAY OF PROCEEDINGS AND PERMIT PLAINTIFFS TO FILE A THIRD AMENDED COMPLAINT
JAMES L. ROBART, District Judge.
Plaintiffs and Defendants, through their respective undersigned counsel, hereby state the following:
1. Plaintiffs currently have pending a Second Amended Class Action Complaint for Declaratory and Injunctive Relief contesting Executive Order 13, 780, titled "Protecting the Nation from Foreign Terrorist Entry into the United States" ("EO-2"), see 82 Fed. Reg. 13,209 (Mar. 6, 2017), which this Court previously stayed on May 30, 2017, pursuant to a stipulation of the parties. ECF No. 34.
2. In a joint status report to the Court dated July 14, 2017, the parties agreed that in light of the proceedings in the Supreme Court in two other cases challenging EO-2, the stay of the case should remain in place. The parties also agreed that "should circumstances change such that lifting the stay is warranted, any party may move to lift the stay." ECF No. 38.
3. On October 10, 2017, the Supreme Court dismissed IRAP as moot and directed the Fourth Circuit to vacate its opinion because there was no longer a live controversy as the only section of EO-2 enjoined in IRAP had "expired by its own terms on September 24, 2017." Trump v. IRAP, ___ S.Ct. ___, No. 16-1436, 2017 WL 4518553 (U.S. Oct. 10, 2017). Similarly, on October 24, 2017, the Supreme Court dismissed Hawaii as moot and directed the Ninth Circuit to vacate its opinion as the "provisions of the Order have `expired by [their] own terms.'" Trump v. Hawaii, ___ S.Ct. ___, No. 16-1540, 2017 WL 4782860, at *1 (U.S. Oct. 24, 2017).
4. On September 24, 2017, the President issued a Presidential Proclamation titled "Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats." 82 Fed. Reg. 45,161 (Sept. 27, 2017) ("Proclamation").
5. On October 17, 2017, the District Courts of Hawaii and Maryland issued orders preliminarily enjoining certain provisions of the Proclamation nationwide. Hawaii v. Trump, ___ F. Supp. 3d ___, No. 17-00050, 2017 WL 4639560 (D. Haw. Oct. 17, 2017) (granting TRO); Int'l Refugee Assistance Project v. Trump, ___ F. Supp. 3d ___, Nos. 18-0361, 17-2921, 17-2629 (D. Md. Oct. 17, 2017) (granting preliminary injunction); see Hawaii v. Trump, No. 1:17-cv-00050-DKW-KSC, ECF No. 390 (D. Haw. Oct. 20, 2017) (converting TRO into preliminary injunction).
6. On October 23, 2017, the Secretary of State, Acting Secretary of Homeland Security, and Director of National Intelligence issued a Memorandum to the President titled "Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities" ("October 23 Agency Memo"). On October 24, 2017, the President issued Executive Order 13,815, titled "Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities." 82 Fed. Reg. 50,055 (Oct. 27, 2017) ("October 24 Executive Order").
7. Plaintiffs seek to lift the stay of the proceedings in this case to amend their complaint to add allegations regarding the Proclamation, the October 24 Executive Order, and the October 23 Agency Memo. Plaintiffs also intend to file a motion for a preliminary injunction challenging the portions of the October 23 Agency Memo relating to the derivative refugee admissions process.
8. Plaintiffs will not seek to enjoin the Proclamation at this time due to the already pending challenges in Hawaii and IRAP.
9. The parties have agreed to brief Plaintiffs' forthcoming motion for a preliminary injunction on the schedule proposed below.
Accordingly, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs and Defendants, subject to the Court's approval, that:
A. The stay of the proceedings shall be lifted to allow Plaintiffs to file an amended complaint addressing the Proclamation, the October 24 Executive Order, and the October 23 Agency Memo.
B. As Defendants have not yet filed a responsive pleading to Plaintiffs' Second Amended Complaint and do not oppose allowing Plaintiffs to file an amended complaint, Plaintiffs shall be granted leave to file a third amended complaint.
C. Plaintiffs shall be allowed to file a motion for a preliminary injunction challenging the portions of the October 23 Agency Memo relating to the derivative refugee admissions process.
D. The schedule for amending the complaint and briefing of the motion for a preliminary injunction will be as follows:
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