Yan v. Mukasey et al

Filing 7

ORDER EXTENDING TIME TO RESPOND re 6 Stipulation filed by Robin Barrett, Michael Chertoff, Michael Mukasey, Jonathan Scharfen. Signed by Judge Maria-Elena James on 12/14/2009. (mejlc1, COURT STAFF) (Filed on 12/14/2009)

1 J OSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney 2 J OANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division ILA C. DEISS, NY SBN 3052909 4 Assistant United States Attorney 5 6 7 Attorneys for Defendants 8 9 10 11 12 RUIHUA YAN, 13 14 15 16 17 18 19 20 21 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) Plaintiff, ) ) v. ) ) Attorney General of the United States, ) MICHAEL MUKASEY; U.S. Department of ) Homeland Security, MICHAEL CHERTOFF, ) Secretary; U.S. Citizenship and Immigration ) Services, ROBIN BARRETT; Director of San ) Francisco Field Office; and U.S. Citizenship and ) Immigration Services, JONATHAN "JOCK" ) SCHARFEN, Director, ) ) D ef en d a n t s . ) ) No. C 09-4054 MEJ SECOND STIPULATION TO EXTEND TIME WITHIN WHICH THE DEFENDANTS MUST FILE AN ANSWER; AND [PROPOSED] ORDER 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] FAX: [phone]

Plaintiff, by and through her attorney of record, and Defendants, by and through their attorneys

22 of record, hereby stipulate, subject to the approval of the Court, to extend the date of Defendants' 23 answer, based on the following: 24 (1) Plaintiff filed a mandamus action on September 1, 2009, seeking an order from this Court

25 directing the United States Citizenship and Immigration Services ("USCIS") to adjudicate 26 Plaintiff's petition to remove condition on residence, and her application to adjust to permanent 27 resident status. 28 (2) On September 23, 2009, the USCIS adjudicated Plaintiff's applications. Second Stipulation to Extend Time C09-4054 MEJ 1

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(3) Plaintiff intends to dismiss her complaint upon receipt of her alien registration card which

2 the parties believe will occur within a matter of weeks. 3 (4) Therefore, the parties hereby stipulate, subject to the approval of the Court, to an additional

4 30-day extension of time within which the Defendants must serve its answer in the above-entitled 5 action. The Defendants will file their answer on or before January 8, 2010. 6 Dated: December 10, 2009 7 8 9 10 11 12 Dated: December 10, 2009 13 14 15 O RD ER 16 Pursuant to stipulation, IT IS SO ORDERED. 17 18 19 Date: December 14, 2009 20 21 22 23 24 25 26 27 I, Ila Deiss, hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document. 28 Second Stipulation to Extend Time C09-4054 MEJ 2
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Respectfully submitted, J OSEPH P. RUSSONIELLO United States Attorney ___________/s/________________ ILA C. DEISS1 Assistant United States Attorney Attorneys for Defendants ___________/s/________________ MING JI Attorney for Plaintiff

___________________________ MARIA-ELENA JAMES United States Chief Magistrate Judge