Committee for Immigrant Rights of Sonoma County et al v. County of Sonoma et al

Filing 142

STIPULATION AND ORDER TO MODIFY CASE MANAGEMENT AND PRETRIAL ORDER WITH RESPECT TO SETTLEMENT CONFERENCE DATE re 139 Stipulation, filed by Bill Cogbill, Morris Eric Salkin, County of Sonoma. Signed by Judge Phyllis J. Hamilton on 10/15/09. (nah, COURT STAFF) (Filed on 10/15/2009)

1 THOMAS F. BERTRAND, State Bar No. 056560 RICHARD W. OSMAN, State Bar No. 167993 2 BERTRAND, FOX & ELLIOT The Waterfront Building 3 2749 Hyde Street San Francisco, CA 94109 4 Telephone: [phone] Facsimile: [phone] 5 E-mail: [e-mail] 6 STEVEN M. WOODSIDE State Bar No. 58684 7 ANNE L. KECK, State Bar No. 136315 8 County of Sonoma
Deputy County Counsel County Counsel

9 Santa Rosa, California 95403-2815 10 Facsimile: [phone] 11
Attorneys for Defendants Telephone: [phone]

575 Administration Drive, Room 105

E-mail: [e-mail]

12 County of Sonoma, Sheriff-Coroner William 13 14 15 16 17 COMMITTEE FOR IMMIGRANT RIGHTS 18 19 20 21 22 23
v. COUNTY OF SONOMA, et al., Defendants. / OF SONOMA COUNTY, et al., Plaintiffs, No. CV-08-4220-PJH JOINT STIPULATION TO MODIFY CASE MANAGEMENT AND PRETRIAL ORDER WITH RESPECT TO SETTLEMENT CONFERENCE DATE; [PROPOSED] ORDER [NO HEARING SET] Cogbill, Deputy Sheriff Morris Eric Salkin

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

The parties herein, through their respective counsel of record, hereby agree and stipulate as

24 follows. 25
1. Pursuant to the initial Case Management and Pretrial Order filed on December 19, 2008

26 (Docket No. 22), this Court referred the case to Magistrate Judge Chen for a settlement conference to 27 occur during August or September 2009, or as soon thereafter as was convenient for the assigned 28 Judge.

Joint Stipulation to Modify Case Management and Pretrial Order with Respect to Settlement Conference Date; [Proposed] Order

USDC Case No. CV-08-4220 PJH

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2.

Magistrate Judge Chen set the original settlement conference to occur on August 25,

2 2009, via a Notice of Settlement Conference and Settlement Conference Order (Docket No. 42). 3
3. On August 10, 2009, pursuant to the parties' stipulation, Magistrate Judge Chen

4 continued the settlement conference to October 20, 2009 (Docket No. 123). Counsel for the parties 5 requested this continuance based on: (1) this Court's Order granting in part and denying in part 6 Defendants' motions to dismiss and motion for more definite statement, entered on July 31, 2009, 7 which also provided Plaintiffs 30 days in which to file an amended complaint; and (2) to accommodate 8 the schedules of counsel for the parties. 9
4. Pursuant to stipulation and order entered by this Court on September 9, 2009 (Docket

10 No. 134), Plaintiffs subsequently filed their Second Amended Complaint on September 14, 2009 (the 11 "complaint"). The complaint consists of 74 pages and includes 22 causes of action (many of which 12 contain several sub-parts) seeking injunctive and declaratory relief as well as damages (compensatory 13 and punitive). 14
5. All Defendants intend to file motions to dismiss the complaint on the stipulated due

15 date of October 29, 2009 (see Docket No. 134). 16
6. By and through a separate joint stipulation, the parties are requesting this Court to

17 approve a briefing and hearing schedule on Defendants' motions to dismiss, as follows: motions to 18 dismiss due 10/29/09; oppositions due 12/16/09; replies due 1/2/10; and hearing date set for 2/3/10, at 19 9:00 a.m. 20
7. To permit this Court to hear the motions to dismiss and resolve jurisdictional disputes,

21 dismiss or delimit claims, and to allow for more productive settlement discussions to occur, the parties 22 request this Court to modify its Case Management and Pretrial Order to allow Magistrate Judge Chen 23 to reset the settlement conference to a date approximately 30 days after this Court rules on 24 Defendants' second motions to dismiss. 25 26 /// 27 /// 28 /// IT IS SO STIPULATED.

Joint Stipulation to Modify Case Management and Pretrial Order with Respect to Settlement Conference Date; [Proposed] Order

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USDC Case No. CV-08-4220 PJH

1 Dated: October 7, 2009 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Dated: October 7, 2009 20 21 22 23 24 25 26
* Dated: October 7, 2009 Dated: October 7, 2009

STEVEN M. WOODSIDE, County Counsel By: /s/ Anne L. Keck Anne L. Keck Deputy County Counsel Attorneys for Defendants the County of Sonoma, SheriffCoroner William Cogbill, and Deputy Sheriff Morris Eric Salkin JOSEPH P. RUSSONIELLO United States Attorney By: /s/ Ila C. Deiss Ila C. Deiss Assistant United States Attorney Attorneys for Defendants U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement; Special Agent Mario Huelga; and Special Agent Chris Merendino MICHAEL F. HERTZ Deputy Assistant Attorney General, Civil Division By: /s/ Colin Kisor Colin Kisor Trial Attorney U.S. DOJ, Office of Immigration Litigation Attorneys for Defendant U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement LATHAM & WATKINS LLP By: /s/ Melissa N. Chan Alfred C. Pfeiffer, Jr. Melissa N. Chan Attorneys for Plaintiffs * ORDER
UNIT ED

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PURSUANT TO THE FOREGOING STIPULATION, IT IS

S DISTRICT TE C TA SO ORDERED.

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F D IS T IC T O R

Joint Stipulation to Modify Case Management and Pretrial Order with Respect to Settlement Conference Date; [Proposed] Order

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Honorable Phyllis J. HamiltonJ. Hamilton hyllis Judge P United States District Court Judge
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27 Date: _______________ 10/15/09

DERED SO OR IT IS _____________ ____________________

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ELECTRONIC CASE FILING ATTESTATION I, Anne L. Keck, am the ECF User whose identification and password are being used to file this JOINT STIPULATION TO MODIFY CASE MANAGEMENT AND PRETRIAL ORDER WITH RESPECT TO SETTLEMENT CONFERENCE DATE; [PROPOSED] ORDER on

6 behalf of all parties pursuant to Civil Local Rules 7-11. In compliance with General Order No. 7 45(X)(B), I hereby attest that the concurrence in the filing of this document has been obtained from 8 its signatories. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Dated: October 7, 2009 By: /s/ Anne L. Keck Anne L. Keck Deputy County Counsel County of Sonoma, Sheriff-Coroner William Cogbill, Deputy Sheriff Morris Eric Salkin

Joint Stipulation to Modify Case Management and Pretrial Order with Respect to Settlement Conference Date; [Proposed] Order

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USDC Case No. CV-08-4220 PJH