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

Filing 72

STIPULATION AND ORDER RE 70 TO EXTEND TIME TO FILE BILL OF COSTS AND/OR MOTION FOR ATTORNEY'S FEES. Signed by Judge Richard Seeborg on 4/26/12. (cl, COURT STAFF) (Filed on 4/26/2012)

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DAVID J. BERGER, State Bar No. 147645
[e-mail]
LISA A. DAVIS, State Bar No. 179854
[e-mail]
DOMINIQUE-CHANTALE ALEPIN, State Bar No. 241648
[e-mail]
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiffs
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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.,

No. C 08-5137 RS

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STIPULATION TO EXTEND TIME
TO FILE BILL OF COSTS AND/OR
MOTION FOR ATTORNEY’S
FEES; AND [PROPOSED] ORDER

Plaintiffs,
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v.
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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
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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,

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2011, the Court approved the parties’ stipulation to extend the deadline for Plaintiffs to file any bill

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of 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. On September 29, the Court approved the parties' stipulation

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to extend the deadline for Plaintiffs to file any bill of costs and/or motion for attorney’s fees by

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approximately two months, to November 30, 2011, to permit those negotiations to continue. On

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November 29, 2011, the Court approved the parties’ stipulation to extend the deadline for Plaintiffs

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to file any bill of costs and/or motion for attorney’s fees by approximately two months, to January

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30, 2012, to permit those negotiations to continue. On January 30, 2012, the Court approved the

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parties’ stipulation to extend the deadline for Plaintiffs to file any bill of costs and/or motion for

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attorney’s fees by approximately one month, to February 29, 2012, to permit those negotiations to

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continue. On February 29, 2012, the Court approved the parties’ stipulation to extend the deadline

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for Plaintiffs to file any bill of costs and/or motion for attorney’s fees by one week, to March 7,

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2012, to permit those negotiations to reach a tentative conclusion. On March 7, 2012, the Court

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approved the parties’ stipulation to extend the deadline for Plaintiffs to file any bill of costs and/or

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motion for attorney’s fees to April 30, 2012, to permit the parties to secure the necessary approvals

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and draft and execute a settlement agreement.

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2.

The parties have reached a tentative agreement, subject to client approval,

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concerning an award of attorney’s fees and costs and hope to resolve the issue without the Court’s

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intervention. Defendants do not concede that Plaintiffs are entitled to recover any fees or costs in

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

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now appears likely that judicial resolution of any dispute over fees or costs may not be necessary,

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the parties anticipate that it will take one additional month to secure the necessary approvals and

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draft and execute a settlement agreement; and

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

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

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

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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 to May 31, 2012, notwithstanding

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any local rule to the contrary.

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Dated: April 26, 2012

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Respectfully submitted,

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DAVID J. BERGER

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DOMINIQUE-CHANTALE ALEPIN

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/s/ Lisa A. Davis
LISA A. DAVIS
WILSON SONSINI GOODRICH &
ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Tel: [phone]
Fax: [phone]

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TONY WEST
Assistant Attorney General

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

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

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

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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
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Eric B. Beckenhauer’s concurrence in the filing of this document.

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/s/ Lisa A. Davis
LISA A. DAVIS

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

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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

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bill of costs and/or motion for attorney’s fees shall be extended to May 31, 2012, notwithstanding

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any local rule to the contrary.

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4/26/12
Dated: ________________________
RICHARD SEEBORG
United States District Judge

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

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