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

Filing 167

STIPULATION AND ORDER RE: 166 RESETTING DEFENDANTS' ANSWER DATE TO 05/10/2010. Signed by Judge Richard Seeborg on 03/18/2010. (rslc3, COURT STAFF) (Filed on 3/18/2010)

1 JOSEPH P. RUSSONIELLO, CSBN 44332 U n ite d States Attorney 2 J O A N N M. SWANSON, CSBN 88143 A s s is ta n t United States Attorney 3 C h ie f , Civil Division IL A C. DEISS, NY SBN 3052909 4 A s s is ta n t United States Attorney 5 6 7 A tto rn e ys for the United States and 8 D e f en d a n ts Huelga and Merendino 9 M IC H A E L F. HERTZ D e p u ty Assistant Attorney General 1 0 D A V ID J. KLINE D i r e c to r 1 1 C O L IN A. KISOR T ria l Attorney 1 2 O f f ic e of Immigration Litigation D is tric t Court Section 1 3 P .O . Box 868 Ben Franklin Station W a sh in g to n D.C., 20044 1 4 T e le p h o n e : [phone] F A X : [phone] 15 1 6 A tto rn e ys for the United States 17 18 19 4 5 0 Golden Gate Avenue, Box 36055 S a n Francisco, California 94102 T e le p h o n e : [phone] F A X : [phone]

*E-Filed 03/18/2010*

UNITED STATES DISTRICT COURT N O R T H E R N DISTRICT OF CALIFORNIA S A N JOSE DIVISION N o . CV-08-4220-RS JOINT STIPULATION TO RESET THE D E F E N D A N T S ' ANSWER DATE; ORDER

2 0 C O M M IT T E E FOR IMMIGRANT R IG H T S OF SONOMA COUNTY, et al., 21 P l a i n t if f s , 22 v. 23 C O U N T Y OF SONOMA, et al., 24 D e f e n d a n ts . 25 / 26 27 28

Through their respective counsel, the parties hereby agree and stipulate as follows: 1. On March 10, 2010, the Oakland Division of this Court, the Honorable Phyllis Hamilton presiding, entered an Order (Docket No. 164) granting in part and denying in

J O I N T STIPULATION TO RESET ANSWER DATE; ORDER

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part the Federal and County Defendants' motions to dismiss the Second Amended Complaint ("SAC"); that Order did not expressly require Plaintiffs to amend the SAC, nor did it set a date on which Answers were due. Accordingly, pursuant to Federal Rule of Civil Procedure 12(a)(4)(A), the Federal and County Defendants' believe that their respective Answers to the SAC are currently due to be filed and served on March 24, 2010. The Defendants request, and Plaintiffs agree to extend the deadline for the responsive pleading forty-five (45) days, to May 10, 2010, within which the Defendants must file and serve their respective Answers to the SAC, barring other intervening orders from the Court. The parties agree that the scheduling or preparation of the Answers will have no effect on the scheduling of other aspects of the proceedings, and shall not impact the timing of, or any party's ability to propound or duty to respond to, discovery in any way. Notwithstanding the foregoing, County Defendants have indicated their intent to seek leave of Court to file a motion to reconsider/clarify the Order re Motions to Dismiss, and also seek a temporary protective order with respect to discovery pursuant to the provisions of Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009); this stipulation is entered into without prejudice to seek and obtain such relief. STEVEN M. WOODSIDE, County Counsel By___s/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

1 9 Dated: March 18, 2010 20 21 22 23 24 25 26 27 28

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1 Dated: March 18, 2010 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 Date: 03/18/2010 Dated: March 18, 2010 Dated: March 18, 2010

JOSEPH P. RUSSONIELLO United States Attorney By___s/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/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/s Melissa N. Chan__________ Alfred C. Pfeiffer, Jr. Melissa N. Chan AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF NORTHERN CALIFORNIA By:__s/s Julia Harumi Mass_________ Julia Harumi Mass Attorneys for Plaintiffs ORDER

PURSUANT TO THE FOREGOING STIPULATION, IT IS SO ORDERED.

______________________________ RICHARD SEEBORG United States District Judge

J O I N T STIPULATION TO RESET ANSWER DATE; ORDER

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