Martins v. United States Citizenship and Immigration Services et al

Filing 15

ORDER GRANTING 14 the parties' proposed briefing schedule and selection of a magistrate judge for a settlement conference. Signed by Magistrate Judge Laurel Beeler on 4/26/2013. (lblc2, COURT STAFF) (Filed on 4/26/2013)

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1 5 THOMAS R. BURKE (SBN 141930) JEFF GLASSER (SBN 252596) DAVIS WRIGHT TREMAINE LLP 505 Montgomery Street, Suite 800 San Francisco, California 94111-6533 Telephone: 415.276.6500 Facsimile: 415.276.6599 thomasburke@dwt.com; jeffglasser@dwt.com 6 Attorneys for Plaintiff JEFFREY MARTINS 7 MELINDA HAAG (CSBN 132612) United States Attorney ALEX TSE (CSBN 152348) Chief, Civil Division JONATHAN U. LEE (CSBN 148792) ABRAHAM SIMMONS (CSBN 146400) Assistant United States Attorneys 2 3 4 8 9 DAVIS WRIGHT TREMAINE LLP 10 11 12 13 450 Golden Gate Ave., 9th Floor San Francisco, California 94104 Telephone: (415) 436-7264 FAX: (415) 436-6748 abraham.simmons@usdoj.gov 14 Attorneys for Federal Defendants 15 (additional attorneys on following page) 16 IN THE UNITED STATES DISTRICT COURT 17 THE NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 18 19 20 21 22 23 24 25 26 27 JEFFREY MARTINS, ) ) Plaintiff, ) ) v. ) ) UNITED STATES CITIZENSHIP AND ) IMMIGRATION SERVICES, an agency of the ) United States Department of Homeland Security; ) UNITED STATES DEPARTMENT OF ) HOMELAND SECURITY; ALEJANDRO ) MAYORKAS, in his official capacity as Director ) of United States Citizenship and Immigration ) Services; JANET NAPOLITANO, in her official ) capacity as Secretary of the Department of ) Homeland Security, ) ) Defendants. ) ) 28 1 JOINT BRIEFING SCHEDULE Case No. C 13-00591 LB DWT 21585602v1 0200092-000002 Case No. C 13-00591 LB JOINT BRIEFING SCHEDULE AND SELECTION OF MAGISTRATE JUDGES FOR A SETTLEMENT CONFERENCE Date: July 3, 2013 Time: 9:30 a.m. Courtroom C, 15th Floor 1 (ADDITIONAL ATTORNEYS) 2 3 FOR PLAINTIFF 4 ROBIN L. GOLDFADEN (SBN 208055) LAWYERS’ COMMITTEE FOR CIVIL RIGHTS OF THE SAN FRANCISCO BAY AREA 131 Steuart Street, Suite 400 San Francisco, CA 94105 Telephone: 415.543.9444 ext. 201 Facsimile: 415.543.0296 rgoldfaden@lccr.com 5 6 7 8 9 DAVIS WRIGHT TREMAINE LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 JOINT BRIEFING SCHEDULE Case No. C 13-00591 LB Pursuant to this Court’s April 18, 2013 Civil Minute Order 1, the parties hereby submit the 1 2 following Joint Briefing Schedule for Plaintiff’s anticipated Motion for Preliminary Injunction and 3 Selection of Magistrate Judge For A Settlement Conference: 4 1. 5 Hearing Date: July 3, 2013 6 Motion Filed: May 29, 2013 7 Opposition: June 12, 2013 8 Reply: June 19, 2013 9 2. Selection of Magistrate Judge for A Settlement Conference 13 r LI ER FO el Beele A DATED this 26th day of April, 2013. R NIA S UNIT ED TED H DAVIS WRIGHT TREMAINE LLP RT GRAN aur Judge L RT U O The parties select Magistrate Judge Laporte. 11 12 S DISTRICT TE C TA NO 10 Jointly Proposed Briefing Schedule N F D IS T IC T O R C MELINDA HAAG United States Attorney 15 16 17 DAVIS WRIGHT TREMAINE LLP _/s/ Abraham Simmons________ ABRAHAM A. SIMMONS Assistant U.S. Attorney Attorneys for Federal Defendants 14 _/s/ Thomas R. Burke ___________ THOMAS R. BURKE Attorneys for Plaintiff Attorneys for Plaintiff JEFFERY MARTINS 18 19 20 21 22 23 24 25 26 27 28 1 At the Case Management Conference on A[pril 18, 2013, counsel for Plaintiff represented that if a motion for preliminary injunction were needed, it would be filed by May 15, 2013. Since the conference, counsel for the Defendants has advised that his clients are still determining whether or not all or some portion of the requested Asylum Officer notes will be released to plaintiff without a court order requiring their production. If all of the notes are promptly released by the Defendants, Plaintiff will not file (or will withdraw) his motion for preliminary injunction. Counsel for Plaintiff selected the July 3, 2013, hearing date set forth in the text because it appears to be the only date that is currently available for argument on the Court’s calendar without setting the motion (and briefing schedule) on an expedited basis. If a motion is required, however, counsel for Plaintiff would prefer that the Court hold a hearing before July 3, as one of the Asylum Officer notes at issue is needed for a July 1 immigration hearing. Accordingly, Plaintiff respectfully requests leave to seek an earlier hearing date (and expedited briefing schedule) if this becomes necessary. Defendant prefers the joint briefing schedule outlined above. 3 JOINT BRIEFING SCHEDULE Case No. C 13-00591 LB DWT 21807545v1 0200092-000002

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