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

Filing 80

AMENDED JOINT STIPULATION AND ORDER RE 78 TO EXTEND DEADLINES. Pretrial Conference set for 10/24/2013 10:00 AM; Jury Selection set for 11/12/2013 09:00 AM; Jury Trial set for 11/12/2013 09:00 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 8/20/12. (cl, COURT STAFF) (Filed on 8/20/2012)

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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: [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]
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]
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.,
Defendants.

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Case No. CV 11-4001 RS
AMENDED JOINT STIPULATION
AND [PROPOSED] ORDER TO
EXTEND DEADLINES

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AMENDED JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES

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Pursuant to Civil Local Rules 6-1(b) and 7-12, Plaintiffs Uelian De Abadia-Peixoto,

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Esmar Cifuentes, Pedro Nolasco Jose, and Mi Lian Wei (“Plaintiffs”) and Defendants the United

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States Department of Homeland Security, United States Immigration and Customs Enforcement,

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et. al., (“Defendants”) by and through their respective undersigned counsel of record, hereby

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stipulate and agree, subject to this Court’s approval, to extend the deadline for discovery,

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currently scheduled for August 13, 2012. Further, the parties seek to adjust deadlines set forth in

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the Court’s March 9, 2012 Pretrial Case Management Scheduling Order (the “Scheduling

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Order”) as set forth below.

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Plaintiffs and Defendant respectfully submit that good cause exists for an extension of

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time. The parties have met and conferred extensively regarding discovery and have attempted to

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resolve disagreements related thereto. Despite these discussions, Plaintiffs anticipate the need to

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file a motion to compel regarding certain documents and privilege assertions. Defendants also

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anticipate the need to file a motion for a protective order regarding certain noticed deposition

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topics.1 Thus, the parties anticipate needing until November 13, 2012, to complete any

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additional document production ordered pursuant to Plaintiffs’ motion to compel and to complete

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all depositions. In response to the stipulation the parties originally filed, the parties learned that

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the Court’s next available trial date is in November 2013. The parties submit the following

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proposed schedule in light of the Court’s trial calendar, and also request that the Court inform the

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parties if trial dates become available after May 30, 2013, so that the trial in this case may be

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moved up.

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In light of the foregoing, Plaintiffs and Defendants seek the extension of the following

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deadlines contained in the Scheduling Order as follows:

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1. Close of fact discovery: November 13, 2012;

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2. Disclosure of Plaintiffs’ expert testimony reports: January 11, 2013;

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The contemplated schedule for the motions is as follows: opening briefs due on or before
August 31, 2012; oppositions due September 14, 2012; replies due September 21, 2012; and a
hearing on the motion at the Court’s earliest convenience.
-1AMENDED JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES

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3. Disclosure of Defendants’ expert testimony reports: February 6, 2013;

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4. Close of expert discovery: February 27, 2013;

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5. Hearing on dispositive motions: May 30, 2013;

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6. The parties acknowledge and agree to supplement their discovery responses in accordance

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with the Federal Rules and applicable local rules. In particular, if Defendants’ practices

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with regard to the restraints used on detainees change (or are scheduled to be changed)

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after the close of fact discovery but prior to September 30, 2013 and Defendants intend to

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rely on or present evidence at trial regarding such changes (or proposed changes),

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Defendants must supplement their discovery responses accordingly by September 30,

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2013. The parties expressly reserve their right to object to the introduction of evidence that

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has not been timely produced in accordance with the Federal Rules, local rules, and this

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agreement.

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7. Motions in limine: filed by October 18, 2013;

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8. Oppositions to motions in limine filed by October 25, 2013;

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9.

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10. Pretrial conference at the Court’s convenience thereafter; and October 24, 2013 at 10:00 a.m.

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11. Trial in November 2013. November 12, 2013 at 9:00 a.m.

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Pretrial statement to be filed by October 31, 2013;

The parties remain available for the Court’s previously-scheduled October 4, 2012 Case
Management Conference, if so desired by the Court.

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Dated: August 10, 2012

Respectfully submitted,
By: /s/ Catherine E. Moreno
Catherine E. Moreno
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
David J. Berger
Thomas J. Martin
Analisa M. Pratt
Savith S. Iyengar

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-2AMENDED JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES

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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Dated: August 10, 2012

By: /s/ Samuel P. Go
Samuel P. Go
Senior Litigation Counsel
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: [phone]
Facsimile [phone]
Email: [e-mail]
STUART F. DELERY
Acting 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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SIGNATURE ATTESTATION

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I, Catherine E. Moreno, attest that I obtained the concurrence of Samuel P. Go 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 correct.
Executed this 10th day of August, 2012 in Palo Alto, California.

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/s/ Catherine E .Moreno
Catherine E. Moreno

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-3AMENDED JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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8/20/12
Dated: _________________

__________________________________
Honorable Richard Seeborg
United States District Judge
Northern District of California

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AMENDED JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES