Kyi v. Chertoff

Filing 13

ORDER GRANTING 11 Joint MOTION to be Exempt From the Formal ADR Process. Signed by Judge Jeffrey S. White on 10/1/08. (jjo, COURT STAFF) (Filed on 10/2/2008)

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Case 3:08-cv-03383-JSW Document 11 Filed 10/01/2008 Page 1 of 2 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 JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division MELANIE L. PROCTOR (CSBN 228971) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-6730 FAX: (415) 436-7169 Attorneys for Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION AYE AYE KYI, Plaintiff, v. MICHAEL CHERTOFF, Secretary, Department of Homeland Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) No. C 08-3383 JSW JOINT MOTION TO BE EXCUSED FROM T H E FORMAL ADR PROCESS; PROPOSED ORDER Each of the undersigned certifies that he or she has read either the handbook entitled "Dispute Resolution Procedures in the Northern District of California," or the specified portions of the ADR Unit's Internet site <>, discussed the available dispute resolution options provided by the court and private entities, and considered whether this case might benefit from any of them. Here, the parties agree that referral to a formal ADR process will not be beneficial because this mandamus action is limited to Plaintiff's request that this Court review de novo her naturalization application, compel Defendants to rescind her lawful permanent resident status, and approve her second adjustment of status application. Given the substance of the action and the lack of any potential middle ground, ADR will only serve to multiply the proceedings and unnecessarily tax court resources. Accordingly, pursuant to ADR L.R. 3-3(c), the parties request the case be JOINT MOTION RE: ADR No. C 08-3383 JSW Case 3:08-cv-03383-JSW Document 11 Filed 10/01/2008 Page 2 of 2 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 removed from the ADR Multi-Option Program and that they be excused from participating in the ADR phone conference and any further formal ADR process. Dated: October 1, 2008 Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney /s/ MELANIE L. PROCTOR1 Assistant United States Attorney Attorneys for Defendants Dated: October 1, 2008 /s/ JUSTIN WANG Attorney for Plaintiff ORDER Pursuant to stipulation, IT IS SO ORDERED. Date: October 1, 2008 JEFFREY S. WHITE United States District Judge I, Melanie L. Proctor, hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document. JOINT MOTION RE: ADR No. C 08-3383 JSW 1 2

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