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

Filing 41

STIPULATION AND ORDER RE: 40 TO STAY PROCEEDINGS. Signed by Judge Richard Seeborg on 5/3/10. (cl, COURT STAFF) (Filed on 5/3/2010)

*E-Filed 5/3/10* 1 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 WHEREAS, in an effort to narrow the issues before the Court, 1. The parties have entered into a series of stipulations to stay proceedings since April v. U.S. DEPARTMENT OF HOMELAND SECURITY, et al., Defendants. / TONY WEST 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 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION NATIONAL LAWYERS' GUILD SAN FRANCISCO CHAPTER, et al., Plaintiffs, No. C 08-5137 RS JOINT STATUS REPORT AND STIPULATION TO STAY PROCEEDINGS; AND [PROPOSED] ORDER

24, 2010, to allow Defendants to conduct secondary searches and process potentially responsive records, and to allow the parties to confer in an effort to resolve Plaintiffs' claims without the Court's intervention. On October 30, 2009, as a result of those negotiations, Plaintiffs stipulated that they did not contest the adequacy of the searches performed by Defendants DHS, DHS-OIG, or CIS, or the propriety of the withholdings made by DHS-OIG; accordingly, pursuant to Rule 41(a)(1)(A)(ii), the parties filed a stipulation of dismissal of this action with prejudice with respect
NO. C 08-5137 RS JOINT STATUS REPORT AND STIPULATION TO STAY PROCEEDINGS

1

1 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

to those Defendants. Negotiations continued with respect to the remaining Defendants: CBP, EOIR, and ICE. On February 2, 2010, the Court approved the parties' stipulation (a) to further stay proceedings through and including April 30, 2010; and (b) to submit a joint report advising the Court on the status of negotiations and processing, and/or a stipulation proposing a schedule to govern further proceedings, no later than April 30, 2010; and 2. CBP has provided Plaintiffs with a letter describing the scope of its search and a

preliminary, partial Vaughn index explaining the bases for its withholdings; Plaintiffs have responded with several objections and/or requests for clarification; and the parties have continued to confer to discuss the scope of CBP's search and the propriety of its withholdings. Plaintiffs are not yet prepared to stipulate to the adequacy of CBP's search or the propriety of its withholdings; however, further negotiation may eliminate the need for judicial resolution of these issues; and 3. EOIR has provided Plaintiffs with a letter describing the scope of its search and with

preliminary, partial Vaughn indexes explaining the bases for its withholdings. In an attempt to further narrow the issues before the Court, and perhaps to resolve Plaintiffs' claims without the Court's intervention, the parties have agreed that: a. By May 15, 2010, Plaintiffs will respond with a letter that either (i) stipulates that Plaintiffs do not contest the adequacy of the search; or (ii) states that Plaintiffs believe that the search was inadequate, and identifies any objection(s) with specificity; and b. By June 30, 2010, Plaintiffs will respond with a letter that, with respect to each of the withholdings explained in the preliminary, partial Vaughn indexes, either (i) stipulates that Plaintiffs do not contest the propriety of the withholding; or (ii) states that Plaintiffs believe that the withholding was improper, and identifies their objection(s) with specificity; and c. By August 15, 2010, the parties will confer to determine how to proceed with Plaintiffs' claims challenging the adequacy of EOIR's search and the propriety of its withholdings; and

NO. C 08-5137 RS JOINT STATUS REPORT AND STIPULATION TO STAY PROCEEDINGS

2

1 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

4.

ICE has confirmed that its processing of the approximately 24,000 pages of

potentially responsive records located during its secondary search is complete. In an attempt to further narrow the issues before the Court, and perhaps to resolve Plaintiffs' claims without the Court's intervention, the parties have agreed that: a. By June 30, 2010, ICE will provide Plaintiffs with a letter that describes the scope of its search for responsive records; b. By July 30, 2010, Plaintiffs will respond with a letter that either (i) stipulates that Plaintiffs do not contest the adequacy of the search; or (ii) states that Plaintiffs believe that the search was inadequate, and identifies any objection(s) with specificity; and c. By August 15, 2010, the parties will confer in an effort to determine how to proceed with respect to Plaintiffs' claims challenging the adequacy of ICE's search; and 5. disclosure: a. By letter dated April 1, 2010, Plaintiffs identified those records that they contend ICE improperly withheld (in whole or in part) under the FOIA and for which Plaintiffs request a Vaughn index; and b. Plaintiffs have stipulated that they do not contest the propriety of the withholdings in any other record that ICE has produced; and c. The parties have agreed that, by May 31, 2010, ICE will provide Plaintiffs with a preliminary, partial Vaughn index explaining the bases for the withholdings that Plaintiffs contest; and d. By July 30, 2010, Plaintiffs will respond with a letter that, with respect to each of the withholdings explained in the preliminary, partial Vaughn index, either (i) stipulates that Plaintiffs do not contest the propriety of the withholding; or (ii) states that Plaintiffs believe that the withholding was improper, and identifies their objection(s) with specificity; and
NO. C 08-5137 RS JOINT STATUS REPORT AND STIPULATION TO STAY PROCEEDINGS

Further, with respect to records that Defendant ICE has withheld as exempt from

3

1 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 // // // // // // // // // // // // // // // // 2.

e.

By August 15, the parties will confer to determine how to proceed with Plaintiffs' claims challenging the propriety of ICE's withholdings; and

WHEREAS it would minimize litigation costs and conserve judicial resources to stay further proceedings in this case to permit the above-mentioned negotiations to continue, and to permit the parties to confer further as described above; IT IS HEREBY AGREED AND STIPULATED by and between the parties, through undersigned counsel, subject to the approval of the Court, that: 1. Further proceedings in this case are stayed for a period of approximately 4 months through and including August 31, 2010; and No later than August 31, 2010, the parties shall submit a joint report advising the Court on the status of the above-mentioned negotiations and processing and/or a stipulation proposing a schedule to govern further proceedings.

NO. C 08-5137 RS JOINT STATUS REPORT AND STIPULATION TO STAY PROCEEDINGS

4

1 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

Dated: April 30, 2010 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 A. 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 SIGNATURE ATTESTATION In accordance with General Order 45(X), I hereby attest that I have obtained Jennifer Lee Koh's concurrence in the filing of this document. /s/ Eric B. Beckenhauer ERIC B. BECKENHAUER TONY WEST 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.

5/3/10 Dated: ________________________

RICHARD SEEBORG United States District Judge
5

NO. C 08-5137 RS JOINT STATUS REPORT AND STIPULATION TO STAY PROCEEDINGS