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    Xiaomi V US Department of Defense - Joint Status Report

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    The US Defense Department will remove Xiaomi from a list of companies with alleged links to the Chinese military, a legal filing revealed.

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    Xiaomi V US Department of Defense - Joint Status Report

    Uploaded by

    jonathan_skillings
    8K views2 pages
    The US Defense Department will remove Xiaomi from a list of companies with alleged links to the Chinese military, a legal filing revealed.

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    Xiaomi v US Department of Defense - Joint Status Report

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    The US Defense Department will remove Xiaomi from a list of companies with alleged links to the Chinese military, a legal filing revealed.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    8K views2 pages

    Xiaomi V US Department of Defense - Joint Status Report

    Uploaded by

    jonathan_skillings
    The US Defense Department will remove Xiaomi from a list of companies with alleged links to the Chinese military, a legal filing revealed.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Case 1:21-cv-00280-RC Document 35 Filed 05/11/21 Page 1 of 2

    IN THE UNITED STATES DISTRICT COURT


    FOR THE DISTRICT OF COLUMBIA

    XIAOMI CORPORATION, et al.,

    Plaintiffs,

    v. Civil Docket No. 21-cv-00280 (RC)

    U.S. DEPARTMENT OF DEFENSE, et al.,

    Defendants.

    JOINT STATUS REPORT

    Pursuant to the Court’s April 28, 2021 Minute Order, the Parties submit the following joint

    status report regarding further proceedings in this litigation.

    Since the Parties’ previous joint status report, the Parties have agreed upon a path forward

    that would resolve this litigation without the need for contested briefing. In particular, in light of

    this Court’s preliminary injunction order and opinion, ECF Nos. 20, 21, and Defendants’ decision

    not to appeal that order, Defendants have agreed that a final order vacating the January 14, 2021

    designation of Xiaomi Corporation as a CCMC pursuant to section 1237 of the FY 1999 NDAA,

    as amended, would be appropriate. An order vacating agency action is the ordinary result when a

    court has determined that such action violates the APA. See 5 U.S.C. § 706(2). Plaintiffs support

    such an order. The parties will negotiate over the specific terms of the order, and anticipate

    providing this Court a joint proposed order on or before Thursday, May 20, 2021.
    Case 1:21-cv-00280-RC Document 35 Filed 05/11/21 Page 2 of 2

    Dated: May 11, 2021 Respectfully submitted,

    /s/ John E. Hall BRIAN M. BOYNTON


    John E. Hall (D.C. Bar No. 415364) Acting Assistant Attorney General
    Beth S. Brinkmann (D.C. Bar No. 477771)
    Alexander A. Berengaut (D.C. Bar No. 989222) ALEXANDER K. HAAS
    Megan A. Crowley (D.C. Bar No. 1049027) Branch Director
    COVINGTON & BURLING LLP
    One CityCenter ANTHONY J. COPPOLINO
    850 Tenth Street, NW Deputy Branch Director
    Washington, DC 20001
    Telephone: +1 (202) 662-6000 BRIGHAM BOWEN
    Facsimile: + 1 (202) 778-6000 Assistant Branch Director
    Email: [email protected]
    [email protected] /s/ Joseph E. Borson
    [email protected] JOSEPH E. BORSON (Va. Bar No. 85519)
    [email protected] STEPHEN M. ELLIOT
    JAMES R. POWERS
    S. Conrad Scott (D.C. Bar No. 1685829; pro Trial Attorneys
    hac vice) U.S. Department of Justice
    COVINGTON & BURLING LLP Civil Division, Federal Programs Branch
    The New York Times Building 1100 L Street, NW
    620 Eighth Avenue Washington, DC 20005
    New York, NY Phone: (202) 514-1944
    Telephone: +1 (212) 841-1000 Email: [email protected]
    Facsimile: +1 (212) 841-1010
    Email: [email protected] Counsel for Defendants

    Counsel for Plaintiffs

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