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v. U.S. Dept of State, et al., No. 15-50759, 838 F.3d 451 (5th Cir. 2016). 1 On March 15, 2017,
the Fifth Circuit denied Plaintiffs petition for rehearing en banc. See Dkt. 36, No. 15-50759 (5th
Cir.). 2 Plaintiffs sought a stay of the Fifth Circuits mandate, representing that they intend to
petition the Supreme Court for a writ of certiorari to review the panels decision. Dkt. No. 37 at
3, No. 15-50759 (Mar. 21, 2017). The Court of Appeals denied Plaintiffs motion, and the
mandate issued on April 4, 2017. See Dkt. No. 38, No. 15-50759.
As noted in the official capacity Defendants prior stay motion, it would not serve the
interests of judicial economy or facilitate the efficient management of this litigation to proceed
while the parties are briefing overlapping issues on appeal. See ECF No. 51. The same is true
with regard to the certiorari proceedings before the Supreme Court now that appellate
proceedings in the Fifth Circuit are complete. Under the circumstances, the Court should
exercise its discretion to continue its stay of the official capacity Defendants obligation to
respond to Plaintiffs claims until certiorari proceedings are complete.
Undersigned counsel has consulted with counsel for the individual capacity Defendants,
who do not oppose this motion, and counsel for the Plaintiffs, who stated that Plaintiffs oppose
the motion as unnecessary, as the matter is stayed (Dkt. 66) and should remain so until the
Supreme Court has had an opportunity to express itself on the matter. 3
CHAD A. READLER
Acting Assistant Attorney General
Civil Division
ANTHONY J. COPPOLINO
1
Judge Jones authored a dissent from the panel opinion. See 838 F.3d 451, 461-75 (5th Cir.
2016).
2
Judge Elrod authored a dissent from the denial of rehearing en banc, which three other judges
joined. See --- F.3d ---, 2017 WL 1032309 (5th Cir. 2017) (a fifth judge dissented from the
denial of rehearing, but did not join in the dissenting opinion).
3
In the event the Court denies this motion, the official capacity Defendants respectfully request
an extension of 14 days, to May 9, 2017, in which to respond to Plaintiffs Amended Complaint.
2
Case 1:15-cv-00372-RP Document 70 Filed 04/20/17 Page 3 of 4
3
Case 1:15-cv-00372-RP Document 70 Filed 04/20/17 Page 4 of 4
CERTIFICATE OF SERVICE
I certify that on April 20, 2017, I electronically filed this document with the Clerk of
Court using the CM/ECF system, which will send notification to