Moamar v. Mulkasey et al

Filing 8

ORDER to extend briefing schedule re 6 Stipulation filed by Rosemary Melville, Michael Chertoff, Emilia Bardini, Michael Mulkasey Motions due by 3/20/2009.. Signed by Judge Charles R. Breyer on 2/26/09. (be, COURT STAFF) (Filed on 2/26/2009)

1 J OSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney 2 J OANN M. SWANSON, CSBN 88143 Chief, Civil Division 3 EDWARD A. OLSEN, CSBN 214150 Assistant United States Attorney 4 450 Golden Gate Avenue, Box 36055 5 San Francisco, California 94102 Telephone: [phone] FAX: [phone] Attorneys for Defendants 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 JAMAL MOAMAR, 12 13 14 15 16 17 18 19 20 21 The plaintiff, by and through his attorney of record, and defendants, by and through their 22 attorneys of record, hereby stipulate, subject to approval of the Court, to extend the briefing 23 schedule in General Order No. 61 by thirty days in light of the reasonable likelihood that the 24 United States Citizenship and Immigration Services (USCIS) will issue a decision on the 25 plaintiff's asylum application in the next thirty days. 26 1. The plaintiff filed his action on October 22, 2008, seeking an order directing USCIS to 27 adjudicate his application for asylum. 28 STIPULATION TO EXTEND BRIEFING SCHEDULE C 08-4846 CRB 1 ) ) No. C 08-4846 CRB Plaintiff , ) ) v. ) STIPULATION TO EXTEND BRIEFING ) SCHEDULE; AND [PROPOSED] ORDER MICHAEL MUKASEY, in his official capacity ) as Attorney General of the United States; ) MICHAEL CHERTOFF, in his official capacity ) as Secretary of the Department of Homeland ) Security; ROSEMARY MELVILLE, in her ) official capacity as District Director of U.S. ) Citizenship and Immigration Services; EMILIA ) BARDINI, in her official capacity as Director ) of the San Francisco Asylum Office, ) ) D ef en d a n t s . ) )

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2. The plaintiff completed service on the defendants on October 27, 2008. 3. Pursuant to Gen. Ord. 61, the defendants are required to file a motion for summary

3 judgment on February 24, 2009. 4 4. In light of the fact that the parties believe it is reasonably likely that USCIS will adjudicate

5 the plaintiff's asylum application within the next thirty days, the parties hereby stipulate to extend 6 the due date for the defendants' motion for summary judgment to March 20, 2009. 7 8 Dated: February 24, 2009 9 10 11 12 13 14 Dated: February 24, 2009 15 16 17 18 19 20 Pursuant to stipulation, IT IS SO ORDERED. 21 22 Dated: _________________, 2009 February 26 23 24 25 26 27 28 [PROPOSED] ORDER /s/ THIPPHAVONE P. ARK The Law Office of Thippavone P. Ark Attorney for Plaintiff /s/ EDWARD A. OLSEN Assistant United States Attorney Attorneys for Defendants Respectfully submitted, J OSEPH P. RUSSONIELLO United States Attorney

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CHARLES R. BREYER United States District Judge

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