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

Filing 145

JOINT STIPULATION AND ORDER RE 144 TO MODIFY CASE SCHEDULE. Further Case Management Conference set for 11/14/2013 10:00 AM; Pretrial Conference set for 7/17/2014 10:00 AM; Jury Selection set for 7/28/2014 09:00 AM; Jury Trial set for 7/28/2014 09:00 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 5/14/13. (cl, COURT STAFF) (Filed on 5/14/2013)

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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
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,
v.
UNITED STATES DEPARTMENT OF
HOMELAND SECURITY, et al.,
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
MODIFY CASE SCHEDULE

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STIPULATION
Pursuant to Civil Local Rules 6-2 and 7-12, the parties respectfully request a modification
to the case schedule in this matter in order to permit the parties to attempt to settle this litigation.

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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 entered an order extending the deadlines for:

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fact discovery, expert designations, supplemental and rebuttal expert designations, and expert

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witness discovery (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 17, 2012, the parties stipulated to extend certain discovery

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deadlines to allow them to focus their efforts on the production of discovery particularly relevant

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to settlement (Dkt. Nos. 115, 118);

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WHEREAS, on February 25, 2013, and March 11, 2013, the parties participated in
further settlement conferences before Magistrate Judge Beeler;

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WHEREAS, the parties have held further telephonic settlement conferences since that

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time, and have made further progress in their attempts to reach a negotiated resolution of this

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matter; and

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WHEREAS, the parties have continued these settlement efforts while also pressing
forward with discovery and related meet-and-confer efforts;
WHEREAS, the press of looming discovery deadlines is inhibiting further progress on
settlement;
WHEREAS, the current schedule for this case would set trial for November 2013 (Dkt.
No. 107);
WHEREAS, the parties have agreed to modify the schedule to permit them to apply good
faith efforts to settlement for a limited two-month period of time;

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

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IT IS HEREBY STIPULATED AND AGREED, subject to approval of the Court, that
the schedule and deadlines for this case be modified as follows:
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DISCOVERY. Further production of documents and depositions will be stayed,

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pursuant to the terms of the agreement of the parties, until July 12, 2013. This stay does not

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extend the deadline to propound additional discovery requests or to notice additional depositions.

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While the parties do not anticipate noticing any further depositions, they reserve the right to seek

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relief from the Court for good cause shown.

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If an agreement in principle to settle has not been reached by the end of the stay period,
Defendants will produce documents responsive to Plaintiffs’ Fourth Set of Requests for

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Production, and Plaintiffs will produce documents, if any, responsive to Defendants’ Second Set

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of Requests for Production by July 19, 2013. The parties will submit a joint letter to Judge

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Westmore, if necessary, on or about August 9, 2013. The period for fact depositions will run

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from August 9, 2013 through October 31, 2013.

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2.

opinions shall proceed as follows:

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a. On or before November 18, 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 December 18, 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

c. On or before January 24, 2014, all discovery of expert witnesses pursuant to
Federal Rule of Civil Procedure 26(b)(4) shall be completed.
3.

DISPOSITIVE MOTIONS. Dispositive motions will be filed in accordance with

the following schedule:
a. On or before February 28, 2014, all Motions for Summary Judgment will be filed
pursuant to Civil Local Rule 7.
b. On or before March 21, 2014, all Oppositions to Motions for Summary Judgment
will be filed pursuant to Civil Local Rule 7.

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

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c. On or before April 4, 2014, all Replies to Oppositions to Motions for Summary

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Judgment will be filed pursuant to Civil Local Rule 7.
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TRIAL. A five-day trial will be set for July 28, 2014, with a pre-trial conference

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to be set at the Court’s convenience

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Dated: May 14, 2013

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Respectfully submitted,
By: /s/ Catherine E. Moreno
Catherine E. Moreno
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
David J. Berger
Thomas J. Martin

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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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By: /s/ Erez Reuveni
Erez Reuveni

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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
CHRIS HOLLIS
Trial Attorney

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

Attorneys for Defendants
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SIGNATURE ATTESTATION
I, Catherine E. Moreno, attest that I obtained the concurrence of Erez Reuveni in filing

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

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and correct.

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Executed this 14th day of May, 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:
1.

DISCOVERY. Further production of documents and depositions will be stayed,

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pursuant to the terms of the agreement of the parties, until July 12, 2013. This stay does not

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extend the deadline to propound additional discovery requests.

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If an agreement in principle to settle has not been reached by the end of the stay period,

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Defendants will produce documents responsive to Plaintiffs’ Fourth Set of Requests for

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Production, and Plaintiffs will produce documents, if any, responsive to Defendants’ Second Set

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of Requests for Production by July 19, 2013. The parties will submit a joint letter to Judge

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Westmore, if necessary, on or about August 9, 2013. The period for fact depositions will run

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from August 9, 2013 through October 31, 2013.

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2.

opinions shall proceed as follows:

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a. On or before November 18, 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 December 18, 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

c. On or before January 24, 2014, all discovery of expert witnesses pursuant to
Federal Rule of Civil Procedure 26(b)(4) shall be completed.
3.

DISPOSITIVE MOTIONS. Dispositive motions will be filed in accordance with

the following schedule:
a. On or before February 29, 2014, all Motions for Summary Judgment will be filed
pursuant to Civil Local Rule 7.
b. On or before March 21, 2014, all Oppositions to Motions for Summary Judgment
will be filed pursuant to Civil Local Rule 7.
c. On or before April 4, 2014, all Replies to Oppositions to Motions for Summary
Judgment will be filed pursuant to Civil Local Rule 7.

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

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4.

FURTHER CASE MANAGEMENT CONFERENCE. A Further Case

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XX
November 14
10:00
Management Conference shall be held on ______________, 2013 at _____ a.m./p.m. in

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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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PRETRIAL MOTIONS. All pretrial motions must be filed and served pursuant to
2014
1:30
May 29
Civil Local Rule 7. All pretrial motions shall be heard on ___________, 2013 at _____

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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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5.

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PRETRIAL CONFERENCE. A pretrial conference will be held on
2014
July 17
10:00
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___________, 2013 at _____ a.m./p.m., in Courtroom 3, 17th Floor, United States Courthouse,

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450 Golden Gate Avenue, San Francisco, California.

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6.

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TRIAL. A five-day trial will commence on July 28, 2014 in Courtroom 3,

17th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco, California.

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IT IS SO ORDERED.

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Date: 5/14

, 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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