Bautista-Perez et al v. Gonzales et al

Filing 97

STIPULATION AND ORDER regarding class certification motion schedule. Signed by Judge Thelton E. Henderson on 11/18/08. (rbe, COURT STAFF) (Filed on 11/19/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JONATHAN M. KAUFMAN, CA Bar No. 104576 The Law Offices of Jonathan M. Kaufman 220 Montgomery Street, Suite 976 San Francisco, CA 94104 (415) 956-4765 (415) 956-1664 (Fax) Email: jonathan-kaufman@sbcglobal.net LINDA M. DARDARIAN, CA Bar No. 131001 HEATHER MILLS, CA Bar No. 215293 GOLDSTEIN, DEMCHAK, BALLER, BORGEN & DARDARIAN 300 Lakeside Drive, Suite 1000 Oakland, CA 94612 (510) 763-9800 (510) 835-1417 (Fax) Email: ldardarian@gdblegal.com ATTORNEYS FOR PLAINTIFFS GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director BRIAN A. MIZOGUCHI Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L. Street, N.W. Washington, D.C. 20530 (202) 305-3319; (202) 514-8624 (Fax) OF COUNSEL: JOSEPH P. RUSONIELLO, CA Bar No. 44332 United States Attorney ILA C. DEISS, NY Bar No. 3052909 Assistant United States Attorney San Francisco, California 94102 (415) 436-7124; (415) 436-7169 (Fax) J. MAX WEINTRAUB Trial Attorney Office of Immigration Litigation U.S. Department of Justice, Civil Division Washington, DC 20004 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. Case No.: C 07-4192 TEH STIPULATION AND [PROPOSED] ORDER REGARDING CLASS CERTIFICATION MOTION SCHEDULE 27349-7 STIPULATION AND [PROPOSED] ORDER REGARDING CLASS CERTIFICATION MOTION SCHEDULE - CASE NO.: C 07-4192 TEH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27349-7 WHEREAS on September 9, 2008, the Court issued an order upon the Parties' stipulation that Plaintiffs would file their motion for class certification in the Fall of 2008, and schedule it for hearing by no later than December 29, 2008. (See Stipulation and Order Regarding Discovery and Motion Schedule, filed September 9, 2008, 9; WHEREAS in the same stipulation the parties set forth their anticipated schedule for completing discovery necessary for Plaintiffs' motion for class certification, but the parties experienced minor delays in completing that discovery, and these delays have made it necessary to slightly postpone the filing of Plaintiffs' motion for class certification; WHEREAS plaintiffs have completed discovery necessary to file their motion for class certification; WHEREAS the parties have met and conferred and agreed upon a briefing and hearing schedule that accounts for this delay as well as the holiday plans of the parties and the Court; and WHEREAS the parties have jointly agreed upon the following schedule, as a result of their meet and confer process: By no later than December 8, 2008, Plaintiffs will file and serve their motion for class certification, and will serve Defendants through an electronic transmittal that will ensure that Defendants receive the filing on December 8, 2009. By no later than January 12, 2009, Defendants will file their opposition to Plaintiffs' motion for class certification, and will serve Plaintiffs through an electronic transmittal that will ensure that Plaintiffs receive the filing on January 12, 2009. By no later than January 20, 2009, Plaintiffs will file their reply to Defendants' opposition to their motion for class certification, and will serve Defendants through an electronic transmittal that will ensure that Defendants receive the filing on January 20, 2009. Plaintiffs' motion for class certification will be scheduled for hearing on February 2, 2009 at 10:00 a.m. 1 STIPULATION AND [PROPOSED] ORDER REGARDING CLASS CERTIFICATION MOTION SCHEDULE - CASE NO.: C 07-4192 TEH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27349-7 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD Dated: November 13, 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 Attorneys For Plaintiffs OF COUNSEL: JOSEPH P. RUSONIELLO United States Attorney ILA C. DEISS Assistant United States Attorney San Francisco, CA J. MAX WEINTRAUB Office Of Immigration Litigation Department Of Justice Civil Division Washington, D.C. GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director /S/ BRIAN A. MIZOGUCHI SENIOR TRIAL COUNSEL Commercial Litigation Branch Civil Division Department Of Justice Washington, D.C. Dated: November 13, 2008 Attorneys For Defendants 2 STIPULATION AND [PROPOSED] ORDER REGARDING CLASS CERTIFICATION MOTION SCHEDULE - CASE NO.: C 07-4192 TEH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27349-7 ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: 11/18/08 UNIT ED S S DISTRICT TE Hon. Thelton E. Henderson C TA United States District Judge J ER N F D IS T IC T O R 3 STIPULATION AND [PROPOSED] ORDER REGARDING CLASS CERTIFICATION MOTION SCHEDULE - CASE NO.: C 07-4192 TEH A C LI FO e lton E. H dge The u nderson R NIA RT U O NO RT H 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27349-7 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 e-filed document. Dated: November 13, 2008 By: /S/ Linda M. Dardarian Linda M. Dardarian Attorney For Plaintiffs 4 STIPULATION AND [PROPOSED] ORDER REGARDING CLASS CERTIFICATION MOTION SCHEDULE - CASE NO.: C 07-4192 TEH

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