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

Filing 74

STIPULATION AND ORDER re 73 to Extend Time to File Bill of Costs and/or Motion for Attorney's Fees. Signed by Judge Richard Seeborg on 5/31/12. (cl, COURT STAFF) (Filed on 5/31/2012)

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1 2 3 TONY WEST Assistant Attorney General JOHN R. TYLER Assistant Branch Director ERIC B. BECKENHAUER, CSBN 237526 Trial Attorney 4 5 6 7 U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave. NW Washington, DC 20530 Telephone: (202) 514-3338 Facsimile: (202) 616-8470 E-mail: eric.beckenhauer@usdoj.gov 8 Attorneys for Defendants 9 10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 NATIONAL LAWYERS’ GUILD SAN FRANCISCO CHAPTER, et al., 15 Plaintiffs, 16 17 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., 18 Defendants. / 19 20 21 WHEREAS, in an effort to narrow the issues before the Court, 22 1. Beginning in April 2009, the parties entered into a series of stipulations to stay 23 proceedings to allow Defendants to conduct secondary searches and process potentially responsive 24 records, and to allow the parties to confer in an effort to resolve Plaintiffs’ claims without the 25 Court’s intervention. As a result of those negotiations, in October 2009 the parties filed a 26 stipulation of dismissal of this action with prejudice under Rule 41(a)(1)(A)(ii) with respect to 27 Defendants DHS, DHS-OIG, and CIS. After further negotiations resolved all remaining merits 28 issues, in June 2011 the parties filed a stipulation of dismissal of this action with prejudice under NO. C 08-5137 RS STIPULATION TO EXTEND TIME TO FILE FOR FEES AND COSTS 1 1 Rule 41(a)(1)(A)(ii) with respect to all remaining Defendants; and 2 2. Since June 2011, the parties have been discussing whether an award of attorney’s 3 fees and costs is appropriate in this case and, to that end, have entered into a series of stipulations 4 to extend the deadline for Plaintiffs to file any bill of costs and/or motion for attorney’s fees. Most 5 recently, on April 26, 2012, the Court approved the parties’ stipulation to extend that deadline by 6 about one month, to May 31, 2012, to permit those negotiations to continue; and 7 3. The parties have reached a tentative agreement, subject to client approval, 8 concerning an award of attorney’s fees and costs and hope to resolve the issue without the Court’s 9 intervention. Defendants do not concede that Plaintiffs are entitled to recover any fees or costs in 10 this case, and reserve all rights to oppose any bill of costs or motion for attorney’s fees. Although 11 it now appears likely that judicial resolution of any dispute over fees or costs may not be necessary, 12 the parties anticipate that it will take two additional weeks to secure the necessary approvals and 13 execute a settlement agreement; and 14 15 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, 16 IT IS HEREBY AGREED AND STIPULATED by and between the parties, through 17 undersigned counsel, subject to the approval of the Court, that the deadline for Plaintiffs to file any 18 bill of costs and/or motion for attorney’s fees shall be extended by approximately two weeks, to 19 June 14, 2012, notwithstanding any local rule to the contrary. 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // NO. C 08-5137 RS STIPULATION TO EXTEND TIME TO FILE FOR FEES AND COSTS 2 1 Dated: May 31, 2012 2 3 4 5 6 7 8 9 10 Respectfully submitted, JAYASHRI SRIKANTIAH IMMIGRANTS’ RIGHTS CLINIC STANFORD LAW SCHOOL 559 Nathan Abbott Way Stanford, CA 94305 Tel: (650) 724-2442 Fax: (650) 723-4426 STUART F. DELERY Acting 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: (213) 639-3900 Fax: (213) 639-3911 /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: (202) 514-3338 Facsimile: (202) 616-8470 E-mail: eric.beckenhauer@usdoj.gov 11 12 13 14 15 16 /s/ Lisa A. Davis LISA A. DAVIS DAVID J. BERGER DOMINIQUE-CHANTALE ALEPIN WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Tel: (650) 493-9300 Fax: (650) 565-5100 Attorneys for Defendants 17 18 Attorneys for Plaintiffs 19 SIGNATURE ATTESTATION 20 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 21 22 [PROPOSED] ORDER 23 24 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 June 14, 2012, notwithstanding any local rule to the contrary. 25 SO ORDERED. 26 27 28 5/31/12 Dated: ________________________ RICHARD SEEBORG United States District Judge NO. C 08-5137 RS STIPULATION TO EXTEND TIME TO FILE FOR FEES AND COSTS 3

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