Singh v. Mayorkas

Filing 10

ORDER VACATING HEARING re 8 Stipulation filed by Alejandro Mayorkas. Signed by Judge James Larson on 11/12/09. (jlsec, COURT STAFF) (Filed on 11/12/2009)

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1 J OSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney 2 J OANN M. SWANSON, CSBN 88143 Chief, Civil Division 3 EDWARD A. OLSEN, CSBN 214150 Assistant United States Attorney 4 1301 Clay Street, Suite 340S 5 Oakland, California 94612 Telephone: [phone] FAX: [phone] Attorneys for Defendant 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 GURMAIL SINGH, 12 13 14 v. Plaintiff , ) ) ) ) ) ) ) ) ) ) ) ) ) No. C 09-3931 JL STIPULATION TO VACATE HEARING DATE AND TO EXTEND ANSWER DEADLINE; AND [PROPOSED] ORDER

15 ALEJANDRO MAYORKAS, Director, United States Citizenship and 16 Immigration Services, 17 18 19 D ef en d a n t .

Plaintiff, by and through his attorney of record, and Defendant, by and through his attorney of

20 record, hereby stipulate, subject to approval of the Court, to vacate the hearing date on Plaintiff's 21 Motion for Summary Judgment and to extend the deadline for the filing of Defendant's Anwer in 22 the above-entitled action in light of the following: 23 1. Plaintiff filed this action on August 26, 2009, seeking an order directing the United States

24 Citizenship and Immigration Services (USCIS) to issue a travel document to the plaintiff's son or 25 to forward written notice to plaintif stating the basis for the denial of a travel document. 26 27 2. The Defendant is currently required to file an Answer no later than October 26, 2009. 3. Plaintiff filed a motion for summary judgment on October 13, 2009, and set a hearing date

28 of November 25, 2009. STIPULATION TO VACATE HEARING DATE AND EXTEND ANSWER DEADLINE C 09-3931 JL 1

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4. In light of the fact that there is a reasonable possibility that this case may become moot in

2 the next sixty days, the parties agree to: (a) vacate the hearing date on Plaintiff's Motion for 3 Summary Judgment (currently scheduled for November 25, 2009); and (b) extend the deadline for 4 Defendant's Answer to December 28, 2009. 5 5. If the case does not become moot in the next sixty days, Defendant will file his Answer no

6 later than December 28, 2009, and Plaintiff will re-notice a hearing date on his Motion for 7 Summary Judgment. 8 9 Dated: October 20, 2009 10 11 12 13 14 15 Dated: October20, 2009 16 17 18 19 20 21 22 23 Date: 24 11/12/09 25 26 27 28 STIPULATION TO VACATE HEARING DATE AND EXTEND ANSWER DEADLINE C 09-3931 JL 2 JAMES LARSON United States Magistrate Judge [PROPOSED] ORDER Pursuant to the parties' stipulation, IT IS ORDERED that: 1. The hearing date on Plaintiff's Motion for Summary Judgment is vacated. 2. The deadline for the filing of Defendant's Answer is extended to December 28, 2009. /s/ J ONATHAN M. KAUFMAN Attorney for Plaintiff /s/ EDWARD A. OLSEN Assistant United States Attorney Attorneys for Defendant Respectfully submitted, J OSEPH P. RUSSONIELLO United States Attorney