De Abadia-Peixoto et al v. United States Department of Homeland Security et al

Filing 119

STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES. Further Case Management Conference set for 7/18/2013 10:00 AM in Courtroom 3, 17th Floor, San Francisco.Signed by Judge Richard Seeborg on 1/24/13. (cl, COURT STAFF) (Filed on 1/24/2013)

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DAVID J. BERGER, State Bar No. 147645
THOMAS J. MARTIN, State Bar No. 150039
CATHERINE E. MORENO, State Bar No. 264517
ANGIE YOUNG KIM, State Bar No. 270503
ANALISA M. PRATT, State Bar No. 262951
SAVITH S. IYENGAR, State Bar No. 268342
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
PAUL CHAVEZ, State Bar No. 241576
LAWYERS’ COMMITTEE FOR CIVIL RIGHTS
131 Steuart Street, Suite 400
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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JULIA HARUMI MASS, State Bar No. 189649
ALAN L. SCHLOSSER, State Bar No. 49957
AMERICAN CIVIL LIBERTIES UNION FOUNDATION
OF NORTHERN CALIFORNIA, INC.
39 Drumm Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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UELIAN DE ABADIA-PEIXOTO, et al.,
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Plaintiffs,
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v.
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UNITED STATES DEPARTMENT OF
HOMELAND SECURITY, et al.,

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Defendants.

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JOINT STIPULATION AND [PROPOSED] ORDER
3:11-CV-4001 RS

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Case No.: 3:11-cv-4001 RS
CLASS ACTION
JOINT STIPULATION AND
[PROPOSED] ORDER TO EXTEND
DISCOVERY DEADLINES

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STIPULATION
Pursuant to Civil Local Rules 6-2 and 7-12, the parties respectfully request an extension
for certain discovery deadlines.

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WHEREAS, on November 8, 2012, after considering a Joint Case Management

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Statement submitted by the parties, Judge Seeborg ordered to extend the deadline for: (1) fact

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discovery to February 21, 2013; (2) expert designations to March 22, 2013; (3) supplemental and

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rebuttal expert designations to April 17, 2013; and (4) expert witness discovery to May 8, 2013

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(Dkt. Nos. 104, 107);

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WHEREAS, on November 28, 2012, the parties participated in a settlement conference
before Magistrate Judge Beeler;
WHEREAS, on December 12, 2012, the court noticed a further Settlement Conference
scheduled for February 25, 2013;
WHEREAS, on December 17, 2012, the parties stipulated to extend certain discovery

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deadlines for Defendants to allow them to focus their efforts on settlement and the production of

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discovery particularly relevant to settlement (Dkt. No. 115);

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WHEREAS, because the parties have been focusing their time and efforts on settlement

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and the February 25, 2013 Settlement Conference is currently scheduled after February 21, 2013

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fact discovery deadline, the parties anticipate needing approximately three additional months to

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complete fact discovery and two additional months to complete expert discovery;

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WHEREAS, in light of the requested time modifications, the parties propose to postpone

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the date for the Further Case Management Conference (currently scheduled for May 16, 2013) to

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July 16, 2013 or another date convenient to the Court;

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WHEREAS, in light of the requested time modifications, the parties propose to postpone

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the hearing for pretrial motions (currently scheduled for August 8, 2013) to September 9, 2013 or

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another date convenient to the Court;

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WHEREAS, the requested time modifications would have no effect on the November 18,
2013 trial date or the November 7, 2013 final pretrial conference;

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JOINT STIPULATION AND [PROPOSED] ORDER
3:11-CV-4001 RS

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IT IS HEARBY STIPULATED AND AGREED, subject to approval of the Court, that:

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1.

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completed by the parties [currently February 21, 2013].

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2.

a. On or before May 28, 2013, the parties will designate experts in accordance with
Federal Rule of Civil Procedure 26(a)(2) [currently March 22, 2013].

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EXPERT WITNESSES. The disclosure and discovery of expert witnesses and

opinions shall proceed as follows:

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DISCOVERY. On or before May 14, 2013, all non-expert discovery shall be

b. On or before June 17, 2013, the parties will designate their supplemental and
rebuttal experts in accordance with Federal Rule of Civil Procedure 26(a)(2) [currently April 17,
2013].
c. On or before July 8, 2013, all discovery of expert witnesses pursuant to Federal
Rule of Civil Procedure 26(b)(4) shall be completed [currently May 8, 2013].

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Dated: January 22, 2013

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Respectfully submitted,
By: /s/ Catherine E. Moreno
Catherine E. Moreno

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WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
David J. Berger
Thomas J. Martin
Angie Young Kim
Analisa M. Pratt
Savith S. Iyengar

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LAWYERS’ COMMITTEE FOR CIVIL
RIGHTS
Paul Chavez

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AMERICAN CIVIL LIBERTIES UNION
FOUNDATION OF NORTHERN
CALIFORNIA, INC.
Julia Harumi Mass
Alan L. Schlosser

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Attorneys for Plaintiffs
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JOINT STIPULATION AND [PROPOSED] ORDER
3:11-CV-4001 RS

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By: /s/ Christopher W. Hollis
Christopher W. Hollis

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Trial Attorney
U.S. Department of Justice, Civil Division
Office of Immigration Litigation
District Court Section
Ben Franklin Station, P.O Box 868
Washington, DC 20044
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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STUART F. DELERY
Principal Deputy Assistant Attorney General
DAVID J. KLINE
Director
Office of Immigration Litigation
District Court Section
VICTOR M. LAWRENCE
Assistant Director
SAMUEL P. GO
Senior Litigation Counsel
EREZ R. REUVENI
Trial Attorney

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Attorneys for Defendants
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SIGNATURE ATTESTATION
I, Catherine E. Moreno, attest that I obtained the concurrence of Christopher W. Hollis in

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filing this document. I declare under penalty of the laws of the United States that the foregoing

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is true and correct.

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Executed this 22nd day of January, 2013 in Palo Alto, California.

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/s/ Catherine E. Moreno
Catherine E. Moreno

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JOINT STIPULATION AND [PROPOSED] ORDER
3:11-CV-4001 RS

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that:
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completed by the parties.
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a. On or before May 28, 2013, the parties will designate experts in accordance with
Federal Rule of Civil Procedure 26(a)(2).

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b. On or before June 17, 2013, the parties will designate their supplemental and
rebuttal experts in accordance with Federal Rule of Civil Procedure 26(a)(2).

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EXPERT WITNESSES. The disclosure and discovery of expert witnesses and

opinions shall proceed as follows:

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DISCOVERY. On or before May 14, 2013, all non-expert discovery shall be

c. On or before July 8, 2013, all discovery of expert witnesses pursuant to Federal
Rule of Civil Procedure 26(b)(4) shall be completed.
3.

FURTHER CASE MANAGEMENT CONFERENCE. A Further Case

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July 18,
Management Conference shall be held on ______________, 2013 at _____ a.m./p.m. in
10:00

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Courtroom 3, 17th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco,

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California.

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4.

PRETRIAL MOTIONS. All pretrial motions must be filed and served pursuant to

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Civil Local Rule 7. All pretrial motions shall be heard on ___________, 2013 at _____
1:30
August 29

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a.m./p.m., in Courtroom 3, 17th Floor, United States Courthouse, 450 Golden Gate Avenue, San

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Francisco, California.

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IT IS SO ORDERED.

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Date: 1/24

, 2013
Honorable Richard Seeborg
United States District Judge

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JOINT STIPULATION AND [PROPOSED] ORDER
3:11-CV-4001 RS

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