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

Filing 58

JOINT STATUS REPORT AND STIPULATION TO EXTEND TIME TO FILE BILL OF COSTS AND/OR MOTION FOR ATTORNEY'S FEES. Signed by Judge Richard Seeborg on 6/30/11. (cl, COURT STAFF) (Filed on 6/30/2011)

*E-Filed 6/30/11*

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TONY WEST
Assistant Attorney General
JOHN R. TYLER
Assistant Branch Director
ERIC B. BECKENHAUER, CSBN 237526
Trial Attorney

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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]

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Attorneys for Defendants
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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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NATIONAL LAWYERS’ GUILD SAN
FRANCISCO CHAPTER, et al.,

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Plaintiffs,

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No. C 08-5137 RS
JOINT STATUS REPORT
AND STIPULATION TO EXTEND
TIME TO FILE BILL OF COSTS
AND/OR MOTION FOR ATTORNEY’S
FEES; AND [PROPOSED] ORDER

v.
U.S. DEPARTMENT OF HOMELAND
SECURITY, et al.,

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Defendants.
/

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WHEREAS, in an effort to narrow the issues before the Court,
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1.

The parties have entered into a series of stipulations to stay proceedings since April

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24, 2009, to allow Defendants to conduct secondary searches and process potentially responsive
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records, and to allow the parties to confer in an effort to resolve Plaintiffs’ claims without the
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Court’s intervention. On October 30, 2009, as a result of those negotiations, Plaintiffs stipulated that
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they did not contest the adequacy of the searches performed by Defendants DHS, DHS-OIG, or
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CIS, or the propriety of the withholdings made by DHS-OIG; accordingly, pursuant to Rule
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NO. C 08-5137 RS
JOINT STATUS REPORT AND STIPULATION TO EXTEND TIME TO FILE FOR FEES AND COSTS

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41(a)(1)(A)(ii), the parties filed a stipulation of dismissal of this action with prejudice with respect

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to those Defendants. Negotiations continued with respect to the remaining Defendants: CBP,

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EOIR, and ICE. Most recently, on June 1, 2011, the Court approved the parties’ stipulations (a) to

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further stay proceedings through and including August 31, 2011, and (b) to submit a joint report

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advising the Court on the status of negotiations, and/or a stipulation proposing a schedule to govern

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further proceedings, no later than August 31, 2011; and

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2.

As a result of those negotiations, Plaintiffs have stipulated that they do not contest

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either the adequacy of the searches performed, or the propriety of the withholdings made, by CBP,

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EOIR, and ICE. The parties now agree that all merits issues in this case have been resolved.

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Accordingly, pursuant to Rule 41(a)(1)(A)(ii), the parties are simultaneously filing a stipulation of

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dismissal of this action with prejudice with respect to all remaining Defendants; and

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3.

The parties are engaged in discussions about whether an award of attorney’s fees

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and costs is appropriate, and to that end, Plaintiffs have extended a proposal to Defendants. While

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Defendants do not concede that Plaintiffs are entitled to recover any fees or costs in this case, and

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reserve all rights to oppose any bill of costs or motion for attorney’s fees, they are carefully

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considering Plaintiffs’ proposal. Under the local rules, any bill of costs or motion for attorney’s fees

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would ordinarily be due within 14 days after entry of judgment. See Civil L.R. 54-1(a), 54-6(a).

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Although further negotiation may eliminate the need for judicial resolution of any dispute over fees

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or costs, the parties anticipate that it will take several months for their negotiations to conclude; and

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WHEREAS it would minimize litigation costs and conserve judicial resources to permit the

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parties to attempt to resolve any dispute over fees or costs without the Court’s intervention,

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IT IS HEREBY AGREED AND STIPULATED by and between the parties, through

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undersigned counsel, subject to the approval of the Court, that the deadline for Plaintiffs to file any

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bill of costs and/or motion for attorney’s fees shall be extended by approximately three months, to

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September 30, 2011, notwithstanding any local rule to the contrary.

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//

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NO. C 08-5137 RS
JOINT STATUS REPORT AND STIPULATION TO EXTEND TIME TO FILE FOR FEES AND COSTS

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Dated: June 29, 2011

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Respectfully submitted,
JAYASHRI SRIKANTIAH
IMMIGRANTS’ RIGHTS CLINIC
STANFORD LAW SCHOOL
559 Nathan Abbott Way
Stanford, CA 94305
Tel: [phone]
Fax: [phone]

TONY WEST
Assistant Attorney General
JOHN R. TYLER
Assistant Branch Director

LINTON JOAQUIN
KAREN TUMLIN
NATIONAL IMMIGRATION
LAW CENTER
3435 Wilshire Boulevard, Suite 2850
Los Angeles, CA 90010
Tel: [phone]
Fax: [phone]

/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]

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/s/ Lisa A. Davis
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 Defendants

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Attorneys for Plaintiffs

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SIGNATURE ATTESTATION

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In accordance with General Order 45(X), I hereby attest that I have obtained Lisa A. Davis’s
concurrence in the filing of this document.
/s/ Eric B. Beckenhauer
ERIC B. BECKENHAUER

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[PROPOSED] ORDER
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Pursuant to stipulation, it is hereby ORDERED that the deadline for Plaintiffs to file any
bill of costs and/or motion for attorney’s fees shall be extended to September 30, 2011,
notwithstanding any local rule to the contrary.

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SO ORDERED.
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6/30/11
Dated: ________________________
RICHARD SEEBORG
United States District Judge
NO. C 08-5137 RS
JOINT STATUS REPORT AND STIPULATION TO EXTEND TIME TO FILE FOR FEES AND COSTS

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