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

Filing 60

STIPULATION AND ORDER RE 59 TO EXTEND TIME TO FILE BILL OF COSTS AND/OR MOTION FOR ATTORNEY'S FEES. Signed by Judge Richard Seeborg on 9/29/11. (cl, COURT STAFF) (Filed on 9/29/2011)

*E-Filed 9/29/11*
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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
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.

Beginning in April 2009, the parties entered into a series of stipulations to stay

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proceedings 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. As a result of those negotiations, in October 2009, the parties filed a

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stipulation of dismissal of this action with prejudice under Rule 41(a)(1)(A)(ii) with respect to

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Defendants DHS, DHS-OIG, and CIS. After further negotiations resolved all remaining merits

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issues, on June 29, 2011, the parties filed a stipulation of dismissal of this action with prejudice
NO. C 08-5137 RS
STIPULATION TO EXTEND TIME TO FILE FOR FEES AND COSTS

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under Rule 41(a)(1)(A)(ii) with respect to all remaining Defendants. At that time, the parties had

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begun to discuss whether an award of fees and costs was appropriate in this case. On June 30, 2011,

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the Court approved the parties’ stipulation to extend the deadline for Plaintiffs to file any bill of

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costs and/or motion for attorney’s fees by approximately three months, to September 30, 2011, to

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permit those negotiations to continue; and

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2.

The parties continue to actively discuss whether an award of attorney’s fees and costs

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is appropriate and, to that end, have exchanged a series of proposals to resolve the issue without the

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Court’s intervention. While Defendants do not concede that Plaintiffs are entitled to recover any

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fees or costs in this case, and reserve all rights to oppose any bill of costs or motion for attorney’s

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fees, they are carefully considering this issue. Although further negotiation may eliminate the need

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for judicial resolution of any dispute over fees or costs, the parties anticipate that it will take several

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months for their negotiations to conclude; and

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

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

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

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Dated: September 28, 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 November 30, 2011,
notwithstanding any local rule to the contrary.

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SO ORDERED.
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9/29/11
Dated: ________________________
RICHARD SEEBORG
United States District Judge
NO. C 08-5137 RS
STIPULATION TO EXTEND TIME TO FILE FOR FEES AND COSTS

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