Bautista-Perez et al v. Gonzales et al

Filing 92

STIPULATION AND ORDER regarding discovery and motion schedule. Signed by Judge Thelton E. Henderson on 09/08/08. (rbe, COURT STAFF) (Filed on 9/9/2008)

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JONATHAN M. KAUFMAN, #104576 [e-mail] The Law Offices of Jonathan M. Kaufman 220 Montgomery Street, Suite 976 San Francisco, CA 94104 [phone]; [phone] (Fax) LINDA M. DARDARIAN, #131001 [e-mail] HEATHER MILLS, #215293 [e-mail] RACHEL E. BRILL, # 233294 [e-mail] GOLDSTEIN, DEMCHAK, BALLER, BORGEN & DARDARIAN 300 Lakeside Drive, Suite 1000 Oakland, CA 94612 [phone]; [phone] (Fax) ATTORNEYS FOR PLAINTIFFS

JOSEPH P. RUSONIELLO, #44332 United States Attorney JOANN M. SWANSON, #88143 Assistant United States Attorney Chief Civil Division ILA C. DEISS, NY #3052909 Assistant United States Attorney 450 Golden Gate Ave., Box 36055 San Francisco, CA 94102 [phone]; [phone] (Fax) LYLE D. JENTZER, NY #1612662 Senior Litigation Counsel J. MAX WEINTRAUB, VA #36188 Trial Attorney Office of Immigration Litigation U.S. Department of Justice, Civil Division P.O. Box 868, Ben Franklin Station Washington, D.C. 20004 [phone]; [phone] (Fax)

JEANNE E. DAVIDSON, DC #342329 Director BRIAN A. MIZOGUCHI, DC #409408 Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Washington, D.C. 20530 [phone]; [phone] (Fax) ATTORNEYS FOR DEFENDANTS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JOSE BAUTISTA-PEREZ, OSCAR GUARDADO-GONZALEZ, DENIS CABALLERO-ESPINOZA, JOSE ALVARADO-MENJIVAR, OSCAR RENE RAMOS, MARIA SALAZAR, JOSE BENJAMIN QUINTEROS, AND MARIA JOSEFA CRUZ, Individually and on behalf of all others similarly situated, Plaintiffs, vs. MICHAEL B. MUKASEY, Attorney General and MICHAEL CHERTOFF, Secretary of Homeland Security, Defendants.
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Case No.: C 07-4192 TEH STIPULATION AND [PROPOSED] ORDER REGARDING DISCOVERY AND MOTION SCHEDULE

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STIPULATION AND [PROPOSED] ORDER REGARDING DISCOVERY AND MOTION SCHEDULE - CASE NO.: C 07-4192 TEH

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WHEREAS on August 21, 2008, the Court issued an Order directing the parties to meet and confer and submit to the Court a stipulation and proposed Order setting out a schedule for discovery on class certification issues, Plaintiffs' motion for class certification, merits discovery, and further merit proceedings within 14 days of the date of the Order; WHEREAS on August 26 and 29, 2008, the parties met and conferred pursuant to the Court's August 21, 2008 Order; WHEREAS the parties have jointly agreed upon the following schedule, as a result of their meet and confer process: 1. By no later than August 29, 2008, Plaintiffs will provide Defendants with copies of the

documents set forth in the meet and confer letter from Linda M. Dardarian to Brian Mizoguchi, dated August 6, 2008 (hereinafter "August 6 letter") they seek Defendants to authenticate. Defendants will use best efforts to authenticate such documents so provided by no later than September 12, 2008. 2. Defendants will use best efforts to provide Plaintiffs with reliable estimates of the

following, by no later than September 12, 2008: a. The number of Honduran nationals who have applied to register or re-register

for TPS Honduras since August 16, 2001; b. The number of Nicaraguan nationals who have applied to register or re-register

for TPS Nicaragua since August 16, 2001; c. The number of El Salvardoran nationals who have applied to register or re-

register for TPS El Salvador since August 16, 2001. 3. By September 12, 2008, Defendants will provide Plaintiffs with a copy of the 2001,

2002, 2003, 2004 and 2006 annual reports submitted by the Attorney General of the United States, the Secretary of Homeland Security for the United States and/or the United States Department of Homeland Security to the Committees on the Judiciary of the House of Representatives and of the Senate. If Defendants have possession of the 2005 and 2007 annual reports on or before September 12, 2008, they will produce those reports to Plaintiffs by that date as well. 4. The parties will make best efforts to finalize and submit to the Court a Stipulated

Protective Order by September 12, 2008.
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STIPULATION AND [PROPOSED] ORDER REGARDING DISCOVERY AND MOTION SCHEDULE - CASE NO.: C 07-4192 TEH

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5.

Defendants will use best efforts to provide Plaintiffs with the information and

documents responsive to the remaining class certification discovery items set forth in the August 6, 2008 letter by no later than October 17, 2008. These items include but are not limited to responses to Plaintiffs' First Set of Requests for Admissions, Nos. 1, 20-35. 6. Depending on the nature of Defendants' responses to Plaintiffs' class certification

discovery requests, Plaintiffs may seek to take depositions pursuant to Federal Rule 30(b)(6) of persons most knowledgeable about the commonality of Defendants' policies, practices and procedures regarding the TPS application, registration, and re-registration process, the collection of biometric information, and the estimated numbers of persons from Nicaragua, Honduras and El Salvador who have applied to register or re-register for TPS from August 16, 2001 to the present. 7. Defendant expects to serve upon plaintiffs discovery requests relating to their

anticipated class certification motion by September 12, 2008, and may seek to take depositions of the plaintiffs/putative class representatives. 8. jurisdiction. 9. Plaintiffs will file their motion for class certification in the Fall of 2008, and schedule it At such time as may be appropriate, Defendant may file a motion to dismiss for lack of

for hearing by no later than December 29, 2008. 10. After the Court rules on Plaintiffs' Motion for Class Certification, the parties will

engage in merits discovery. The parties expect to identify their specific discovery requests after they have had an opportunity to review the Court's ruling. 11. 12. The parties estimate that merits discovery will be completed by October 2009. Plaintiffs anticipate that after conclusion of merits discovery, they will file a motion for

summary judgment on Defendants' liability to the class for charging fees in excess of the amount allowed by 8 U.S.C. § 1254a(c)(1)(B). Defendants anticipate filing a cross motion for summary judgment on Defendants' liability. 13. The parties anticipate that if the case is not resolved through dispositive motions, the

case will be ready for trial on the merits in early 2010. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD 3
STIPULATION AND [PROPOSED] ORDER REGARDING DISCOVERY AND MOTION SCHEDULE - CASE NO.: C 07-4192 TEH

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Dated: September 4, 2008

JONATHAN M. KAUFMAN THE LAW OFFICES OF JONATHAN M. KAUFMAN LINDA M. DARDARIAN HEATHER MILLS GOLDSTEIN, DEMCHAK, BALLER, BORGEN & DARDARIAN By: /S/ Linda M. Dardarian Linda M. Dardarian Attorneys For Plaintiffs

Dated: September 4, 2008

JOSEPH P. RUSONIELLO UNITED STATES ATTORNEY JOANN M. SWANSON ASSISTANT UNITED STATES ATTORNEY CHIEF, CIVIL DIVISION ILA C. DEISS ASSISTANT UNITED STATES ATTORNEY LYLE D. JENTZER SENIOR LITIGATION COUNSEL J. MAX WEINTRAUB TRIAL ATTORNEY OFFICE OF IMMIGRATION LITIGATION U.S. DEPARTMENT OF JUSTICE, CIVIL DIVISION JEANNE E. DAVIDSON DIRECTOR /s/Brian A. Mizoguchi BRIAN A. MIZOGUCHI SENIOR TRIAL COUNSEL COMMERCIAL LITIGATION BRANCH CIVIL DIVISION DEPARTMENT OF JUSTICE Attorneys For Defendant ORDER

DATED:

09/08/08

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F D IS T IC T O R

STIPULATION AND [PROPOSED] ORDER REGARDING DISCOVERY AND MOTION SCHEDULE - CASE NO.: C 07-4192 TEH

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Hon. Thelton E. Henderson United States District Judge

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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SIGNATURE ATTESTATION I, Linda M. Dardarian, hereby attest that I have on file all holographic signatures of any signatures indicated by a "conformed" signature (/S/) within this efiled document. Dated: September 4, 2008 By: /S/ Linda M. Dardarian Linda M. Dardarian Attorney For Plaintiffs

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STIPULATION AND [PROPOSED] ORDER REGARDING DISCOVERY AND MOTION SCHEDULE - CASE NO.: C 07-4192 TEH