Ramirez v. Burwell et al

Filing 51

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 12/6/2016 ORDERING that the hearing on Petitioner's 49 Emergency Motion Re: Psychological Examination is SET for 12/7/2016 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Counsel for Respondents, Vinita Andrapalliyal, may appear at the hearing telephonically. (Zignago, K.)

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HOLLY S. COOPER (CA Bar #197626)
UC Davis Immigration Law Clinic
One Shields Avenue TB-30
Davis, CA 95616-8821
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
CARTER C. WHITE (CA Bar #164149)
UC Davis Civil Rights Clinic
One Shields Avenue, Bldg. TB-30
Davis, CA 95616-8821
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Petitioner, ALBERTINA RAMIREZ
as next friend of P.A., a minor.
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALBERTINA RAMIREZ, as next friend of
P.A., a minor,

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Petitioner,
v.

No. 2:16-cv-1511-TLN EFB P
--------------STIPULATION AND PROPOSED ORDER
ON PETITIONER’S EMERGENCY
MOTION RE: PSYCHOLOGICAL
EVALUATION

SYLVIA MATTHEWS BURWELL, et al.,
Respondents.

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Pursuant to Local Rules 143 and 144, the parties hereby enter the following stipulation
and ask the Court to enter it as an Order.
Whereas, the Office of Refugee Resettlement (ORR) has scheduled a psychological
evaluation of P.A. on Monday, December 12, 2016, at 9:00 a.m., and
Whereas, counsel for Petitioner takes the position that Rule 35 of the Federal Rules of

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Civil Procedure applies to this examination, and that the government has not at this point either

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moved for a Rule 35 examination or demonstrated good cause for same, and

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Whereas, counsel for Petitioner has asked to be allowed to attend any psychological
----------Stipulation and Proposed Order re: Emergency Motion – No. 2:16-cv-01511-TLN-EFB
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examination of P.A. and ORR has denied that request, and
Whereas, Petitioner has filed an Emergency Motion Re: Psychological Examination on
December 5, 2016, and
Whereas, this case is already on the Court’s calendar for December 7, 2016, on
Petitioner’s Motion for Leave to File Supplemental Complaint, and
Whereas, the parties desire to secure Court resolution of the issues surrounding the

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psychological examination prior to the scheduled examination of December 12, 2016, if at all

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possible, therefore

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1. The hearing on Petitioner’s Emergency Motion Re: Psychological Examination is
hereby set for December 7, 2016, at 10:00 a.m. before the undersigned, and
2. Counsel for Respondents, Vinita Andrapalliyal, may appear at the hearing
telephonically.

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Respectfully submitted

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Dated: December 5, 2016

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/S/ Carter C. White
______________________________
Carter C. White
Counsel for Petitioner
/s/ Vinita B. Andrapalliyal
______________________________
Vinita B. Andrapalliyal
Counsel for Respondents

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IT IS SO ORDERED.
December 6, 2016
Dated: ________________________

_________________________________
EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE

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----------Stipulation and Proposed Order re: Emergency Motion – No. 2:16-cv-01511-TLN-EFB
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