National Lawyers' Guild San Francisco Chapter et al v. United States Department of Homeland Security et al

Filing 28

ORDER re 27 Stipulation, filed by Office of the Inspector General, Citizenship and Immigration Services, United States Department of Justice, Executive Office for Immigration Review, Immigration and Customs Enforcement, Customs and Border Protection, United States Department of Homeland Security, Motions terminated:. Signed by Judge Charles R. Breyer on 4/27/09. (be, COURT STAFF) (Filed on 4/27/2009)

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MICHAEL F. HERTZ Deputy Assistant Attorney General JOHN R. TYLER Assistant Branch Director ERIC B. BECKENHAUER, CSBN 237526 Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave. NW Washington, DC 20530 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Defendants

9 10 11 12 13 14 15 16 17 18 Defendants. 19 20 21 22 23 24 25 26 27 28 / WHEREAS, in an effort to narrow the issues before the Court, 1. Defendant CIS has performed a secondary search in response to Plaintiffs' February v. U.S. DEPARTMENT OF HOMELAND SECURITY, et al., NATIONAL LAWYERS' GUILD SAN FRANCISCO CHAPTER, et al., Plaintiffs, No. C 08-5137 CRB STIPULATION TO VACATE MOTION HEARING AND STAY PROCEEDINGS; AND [PROPOSED] ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

2008 FOIA request, and has produced responsive, nonexempt records identified therefrom; and 2. Defendant ICE has reconsidered the bases for its withholdings of documents referred

to it on September 5, 2008, by Defendant CBP in response to Plaintiffs' February 2008 FOIA request, and has produced responsive, nonexempt records identified therefrom; and 3. Defendant EOIR has agreed to reconsider the bases for its withholdings of records

previously produced on June 2, 2008, in response to Plaintiffs' February 2008 FOIA request, and to produce any additional responsive, nonexempt records identified therefrom by May 8, 2009; and
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4.

Defendants ICE, CBP, and EOIR have agreed to perform secondary searches in

response to Plaintiffs' February 2008 FOIA request (and, in the case of EOIR, in response to Plaintiffs' June 2008 FOIA request), but are currently unable to predict when these secondary searches, and the processing of any potentially responsive documents, will be complete; and 5. Defendants ICE, CBP, and EOIR have agreed that (a) no later than May 24, 2009,

they will update Plaintiffs on the status of the secondary searches and processing, including, to the extent possible, the volume of potentially responsive records and the time required to complete the secondary searches and processing; (b) no later than May 24, 2009, they will make an interim production of any responsive, nonexempt records that have then been fully processed; and (c) no later than June 24, 2009, they will make a production (either interim or final) of any responsive, nonexempt records that have then been fully processed; and WHEREAS it would minimize litigation costs and conserve judicial resources to suspend the summary judgment briefing schedule, and to stay further proceedings in this case, to permit the above-mentioned secondary searches and processing to take place; IT IS HEREBY AGREED AND STIPULATED by and between the parties, through undersigned counsel, subject to the approval of the Court, that: 1. The motion hearing on Defendants' motion for summary judgment currently scheduled for September 25, 2009, is vacated; 2. The briefing schedule proposed in the parties' Case Management Statement and adopted in the Court's minute entry of February 20, 2009, is suspended; 3. Further proceedings in this case are stayed for a period of 60 days through and including June 24, 2009; and 4. No later than June 24, 2009, the parties shall submit a joint report advising the Court on the status of the above-mentioned searches and/or a stipulation proposing a schedule to govern further proceedings.

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Dated: April 24, 2009 Respectfully submitted, /s/ Jennifer Lee Koh JENNIFER LEE KOH JAYASHRI SRIKANTIAH IMMIGRANTS' RIGHTS CLINIC STANFORD LAW SCHOOL 559 Nathan Abbott Way Stanford, CA 94305 Tel: [phone] Fax: [phone] LINTON JOAQUIN KAREN TUMLIN NATIONAL IMMIGRATION LAW CENTER 3435 Wilshire Boulevard, Suite 2850 Los Angeles, CA 90010 Tel: [phone] Fax: [phone] JARED KOPEL LISA DAVIS DOMINIQUE-CHANTALE ALEPIN WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Tel: [phone] Fax: [phone] Attorneys for Plaintiffs MICHAEL F. HERTZ Deputy Assistant Attorney General JOHN R. TYLER Assistant Branch Director /s/ Eric B. Beckenhauer ERIC B. BECKENHAUER, CSBN 237526 Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave. NW Washington, DC 20530 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Defendants

[PROPOSED] ORDER Pursuant to stipulation, IT IS SO ORDERED.

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April 27, 2009 Dated: ________________________

CHARLES R. BREYER United States DistrictRED DE Judge

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