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

Filing 190

STIPULATION AND ORDER RE: 189 TO EXTEND TIME WITHIN WHICH DEFENDANTS MUST FILE AN ANSWER TO SECOND AMENDED COMPLAINT; EXTEND TIME TO FILE INTERLOCUTORY APPEAL. Signed by Judge Richard Seeborg on 5/11/10. (cl, COURT STAFF) (Filed on 5/11/2010)

*E-Filed 5/11/10*

1 JOSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney 2 JOANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division ILA C. DEISS, NY SBN 3052909 4 Assistant United States Attorney 5 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 6 Telephone: [phone] FAX: [phone] Attorneys for the United States and 8 Defendants Huelga and Merendino 9 JUAN OSUNA Deputy Assistant Attorney General 10 JOSHUA E.T. BRAUNSTEIN Assistant Director 11 COLIN A. KISOR Senior Litigation Counsel 12 Office of Immigration Litigation District Court Section 13 P.O. Box 868 Ben Franklin Station Washington D.C., 20044 14 Telephone: [phone] FAX: [phone] Attorneys for the United States 17 18 19 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION No. CV-08-4220-RS
STIPULATION TO: (1) EXTEND TIME WITHIN WHICH DEFENDANTS MUST FILE AN ANSWER TO SECOND AMENDED COMPLAINT; (2) EXTEND TIME TO FILE INTERLOCUTORY APPEAL; [PROPOSED] ORDER

20 COMMITTEE FOR IMMIGRANT RIGHTS OF SONOMA COUNTY, et al., 21 Plaintiffs, 22 v. 23 COUNTY OF SONOMA, et al., 24 Defendants. 25 / 26

The parties to this action, by and through their respective counsel of record, hereby enter the

27 following stipulation and request entry of a conforming order. This stipulation and concomitant 28 request for order is made based on Defendants' pending motions to reconsider the March 10, 2010

Stipulation and Proposed Order
Case No. CV-08-4220 RS

1 Order re Motions to Dismiss (Docket Numbers 174 and 177), which were heard by the Court and 2 taken under submission on May 6, 2010. 3 4
1. STIPULATION Absent an intervening order, the time in which Defendants must file and serve their

5 answers to Plaintiffs' Second Amended Complaint (which date is currently set for May 10, 2010) shall 6 be extended to a date that is 10 days after entry of the Court's decision on the pending motions to 7 reconsider. 8
2. Absent an intervening order, the time in which the parties may file interlocutory

9 appeals of the March 10, 2010 Order re Motions to Dismiss, as provided in Federal Rule of Appellate 10 Procedure 4(a) or otherwise, is hereby extended for an additional 30 days, to June 8, 2010, pursuant to 11 Federal Rule of Appellate Procedure 4(a)(5). This stipulation and request for extension of the 12 appellate period set forth in the Federal Rules of Appellate Procedure does not prejudice or affect 13 other rights of the parties, including the ability of the parties to otherwise request or seek appellate 14 review, and is made in an abundance of caution to preserve their rights to appeal. 15 16 Dated: May 10, 2010 17 18 19 20 21 22 Dated: May 10, 2010 23 24 25 26 27 28
Stipulation and Proposed Order
Case No. CV-08-4220 RS

Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney By __________/s/_____________________ Ila C. Deiss Assistant United States Attorney Attorneys for Defendants U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement; Agent Mario Huelga; and Special Agent Chris Merendino JUAN OSUNA Deputy Assistant Attorney General, Civil Division By________/s/_______________________ Colin Kisor Senior Litigation Counsel United States Department of Justice Office of Immigration Litigation Attorneys for Defendant U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement

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1 Dated: May 10, 2010 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Dated: May 10, 2010

Stephen M. Woodside, County Counsel By _____________/s/__________________ Anne L. Keck, Deputy County Counsel Sonoma County BERTRAND, FOX & ELLIOT Thomas F. Bertrand Richard W. Osman LATHAM WATKINS, LLP Alfred C. Pfeiffer Melissa N. Chan Tienlon Ho Mary Elizabeth-Heard Jason Daniels Casey R. O'Connor By___________/s/ __________________ Alfred C. Pfeiffer, Jr. Julia Harumi Mass Alan L. Schlosser AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF NORTHERN CALIFORNIA
[PROPOSED] ORDER

Pursuant to stipulation, IT IS SO ORDERED. ___________________________________ RICHARD SEEBORG United States District Judge

20 Date: 5/11/10 21 22 23 24 25 26 27 28
Stipulation and Proposed Order
Case No. CV-08-4220 RS

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