Kashannejad v. United States Citizenship and Immigration Services et al

Filing 167

ORDER Re 166 Defendants' Filing of November 6, 2012. Signed by Judge Edward M. Chen on 11/6/2012. (emcsec, COURT STAFF) (Filed on 11/6/2012)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

JAMSHID S. KASHANNEJAD,

9

11
For the Northern District of California

United States District Court

10

No. C-11-2228 EMC

Plaintiff,
v.
UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES, et al.,

ORDER RE DEFENDANTS’ FILING OF
NOVEMBER 6, 2012
(Docket No. 166)

12
13

Defendants.
___________________________________/

14
15
16

Previously, the Court issued an order instructing Defendants to provide a declaration

17

certifying whether it was possible for the transportation letter(s) to be provided to the Swiss embassy

18

in Tehran by a means suggested by Plaintiff in his filing of November 2, 2012. See Docket No. 165

19

(order). Defendants filed a declaration on November 6, 2012, in which they essentially confirm that

20

the means suggested by Plaintiff is possible. See generally Docket No. 166 (Vinet Decl.).

21

Defendants suggest, however, that, because of the time that this process may take, a pick-up date in

22

early December 2012 is advisable. Plaintiff had previously stated an intent to pick up the

23

transportation letter(s) on November 25, 2012.

24

In light of the above, the Court hereby modifies its prior orders to the extent that Plaintiff

25

shall no longer be required to pick up the transportation letter(s) from a U.S. embassy in Turkey.

26

Rather, the transportation letter(s) shall be conveyed to the Swiss embassy in Tehran by the means

27

explained in the Vinet declaration. The transportation letter shall identify Emirates as the airline

28

carrier as this is the carrier that was identified by Plaintiff in his filing of November 2.

1

The parties are instructed to meet and confer to determine what date is most appropriate for

2

pick-up from the Swiss embassy in Tehran. By November 9, 2012, the parties shall file a joint

3

statement, in which they should specify the agreed-upon pick-up date. The Court emphasizes that it

4

fully expects the parties to reach an agreement on this narrow issue; however, if they have not

5

reached an agreement, then each party should, in the joint statement, state what the proposed pick-up

6

date should be and why. The party should also explain why the opposing side’s proposed pick-up

7

date is not feasible. Both parties are forewarned that they risk being sanctioned if they take a

8

position that is not substantially justified.

9
IT IS SO ORDERED.

11
For the Northern District of California

United States District Court

10

12

Dated: November 6, 2012

13
_________________________
EDWARD M. CHEN
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2