De Abadia-Peixoto et al v. United States Department of Homeland Security et al
Filing
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STIPULATION AND ORDER RE 30 SETTING BRIEFING SCHEDULE FOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND DEFENDANTS' MOTION TO DISMISS Stipulation, filed by Uelian De Abadia-Peixoto, Esmar Cifuentes, Mi Lian Wei, Pedro Nolasco Jose Signed by Judge Richard Seeborg on 9/27/11. (cl, COURT STAFF) (Filed on 9/27/2011)
*E-Filed 9/27/11*
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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
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: (650) 493-9300
Facsimile: (650) 565-5100
Email: tmartin@wsgr.com
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PHILIP HWANG, State Bar No. 185070
PAUL CHAVEZ, State Bar No. 241576
AUDREY DANIEL, State Bar No. 266117
LAWYERS’ COMMITTEE FOR CIVIL RIGHTS
131 Steuart Street, Suite 400
San Francisco, CA 94105
Telephone: (415) 543-9444
Facsimile: (415) 543-0296
Email: pchavez@lccr.com
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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
39 Drumm Street
San Francisco, CA 94111
Telephone: (415) 621-2493
Facsimile: (415) 255-8437
Email: jmass@aclunc.org
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Attorneys for Plaintiffs
UELIAN DE ABADIA-PEIXOTO, ESMAR CIFUENTES,
PEDRO NOLASCO JOSE, and MI LIAN WEI
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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UELIAN DE ABADIA-PEIXOTO, et al.,
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Plaintiffs,
vs.
UNITED STATES DEPARTMENT OF
HOMELAND SECURITY, et al.,
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Defendants.
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Case No. CV 11-04001 RS
CLASS ACTION
JOINT STIPULATION AND
[PROPOSED] ORDER SETTING
BRIEFING SCHEDULE FOR
PLAINTIFFS’ MOTION FOR
CLASS CERTIFICATION AND
DEFENDANTS’ MOTION TO
DISMISS
4534816_3.docx
STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE
CASE NO. CV 11-04001 RS
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WHEREAS, on August 15, 2011, Plaintiffs filed their Complaint against Defendants;
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WHEREAS, on August 17, 2011, Plaintiffs filed their Motion for Class Certification and
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noticed it for hearing on October 27, 2011;
WHEREAS, on September 8, 2011, Defendants filed their Motion Seeking Enlargement
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of Time to File Opposition to Plaintiffs’ Motion for Class Certification, and stated that
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Defendants intended to file a Motion to Dismiss the Complaint;
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WHEREAS, on September 12, 2011, Plaintiffs filed their Opposition to Defendants’
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Motion for Enlargement of Time to File Opposition to Plaintiffs’ Motion for Class Certification;
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WHEREAS, pursuant to an Order by the Court on September 12, 2011, the parties
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engaged in further meet and confer negotiations to attempt to agree on a briefing schedule for
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both the motion for class certification and for any motion to dismiss, with a joint hearing to be
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held no later than November 17, 2011;
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IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned,
subject to the approval of the Court, as follows:
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Defendants shall file and serve their Motion to Dismiss the Complaint on or
before October 11, 2011;
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Defendants shall file and serve their Opposition to Plaintiffs’ Motion for Class
Certification on or before October 14, 2011;
3.
Plaintiffs shall file and serve their Reply in Support of their Motion for Class
Certification on or before October 24, 2011;
4.
Plaintiffs shall file and serve their Opposition to Defendants’ Motion to Dismiss
the Complaint on or before November 1, 2011;
5.
Defendants shall file and serve their Reply in Support of their Motion to Dismiss
the Complaint on or before November 10, 2011;
6.
A joint hearing on Plaintiffs’ Motion for Class Certification and Defendants’
Motion to Dismiss the Complaint will be held on November 17, 2011.
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-1STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE
CASE NO. CV 11-04001 RS
4534816_3.docx
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Dated: September 27, 2011
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AMERICAN CIVIL LIBERTIES UNION
FOUNDATION OF NORTHERN
CALIFORNIA
Julia Harumi Mass
Alan L. Schlosser
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Attorneys for Plaintiffs
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/s/ David J. Berger
David J. Berger
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
Thomas J. Martin
Catherine E. Moreno
Analisa M. Pratt
Savith S. Iyengar
LAWYERS’ COMMITTEE FOR CIVIL
RIGHTS
Philip Hwang
Paul Chavez
Audrey Daniel
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By:
Dated: September 27, 2011
By:
/s/ Jeffrey M. Bauer
JEFFREY M. BAUER
Trial Attorney
District Court Section
Office of Immigration Litigation
Civil Division
U.S. Department of Justice
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Telephone: (202) 532-4786
Facsimile (202) 616-8962
Email: jeffrey.bauer@usdoj.gov
TONY WEST
Assistant Attorney General
Civil Division
DAVID J. KLINE
Director
Office of Immigration Litigation
District Court Section
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VICTOR M. LAWRENCE
Principal Assistant Director
Office of Immigration Litigation
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Attorneys for Defendants
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-2STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE
CASE NO. CV 11-04001 RS
4534816_3.docx
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SIGNATURE ATTESTATION
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I, David J. Berger, attest that I obtained the concurrence of Jeffrey M. Bauer in filing this
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document. I declare under penalty of the laws of the United States that the foregoing is true and
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correct.
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Executed this 27th day of September, 2011 in Palo Alto, California.
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/s/ David J. Berger
David J. Berger
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[PROPOSED] ORDER
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PURSUANT TO THE JOINT STIPULATION, IT IS SO ORDERED. The briefing
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schedule set forth above is hereby approved by the Court.
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9/27/11
Dated: ______________________
_______________________________________
Honorable Richard Seeborg
United States District Judge
Northern District of California
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-3STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE
CASE NO. CV 11-04001 RS
4534816_3.docx
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