Martins v. United States Citizenship and Immigration Services et al

Filing 37

ORDER CONTINUING CASE MANAGEMENT CONFERENCE: A Joint Case Management Statement (with updated information only) due by 11/14/2013. Case Management Conference set for 11/21/2013 at 11:00 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 10/25/2013. (ls, COURT STAFF) (Filed on 10/25/2013)

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THOMAS R. BURKE (SBN 141930)
JEFF GLASSER (SBN 252596)
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111-6533
Telephone: [phone]
Facsimile: 415.276.6599
[e-mail]; [e-mail]

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Attorneys for Plaintiff JEFFREY MARTINS

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ADDITIONAL COUNSEL ON NEXT PAGE

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MELINDA HAAG (CSBA 132612)
United States Attorney
ALEX G. TSE (CSBN 152348)
Chief, Civil Division
ABRAHAM A. SIMMONS (CSBN 146400)
Assistant United States Attorney

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DAVIS WRIGHT TREMAINE LLP

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U.S. Attorney’s Office/CivilthDivision
450 Golden Gate Avenue, 9 Floor
San Francisco, California 94102-3495
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT

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THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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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.
)
)
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PLAINTIFF’S CASE MANAGEMENT CONFERENCE STATEMENT
Case No. C 13-00591 LB
DWT 21585602v1 0200092-000002

Case No. C 13-00591 LB
JOINT CASE MANAGEMENT
CONFERENCE STATEMENT AND
JOINT REQUEST FOR CONTINUANCE
OF CONFERENCE;
[PROPOSED] ORDER
Date: October 31, 2013
Time: 11:00 a.m.
Courtroom C – 15th Floor
Hon. Laurel Beeler
United States Magistrate Judge

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Additional Counsel:
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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: [phone] ext. 201
Facsimile: 415.543.0296
[e-mail]

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DAVIS WRIGHT TREMAINE LLP

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PLAINTIFF’S CASE MANAGEMENT CONFERENCE STATEMENT
Case No. C 13-00591 LB

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The parties hereby submit the following Joint Case Management Conference Statement
and request for continuance.
STATUS AND REQUEST FOR CONTINUANCE
In this lawsuit, Plaintiff has sought (1) the prompt release of the asylum interview records

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sought by his FOIA requests, (2) a declaratory judgment that Defendants’ policy and practice of

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withholding Asylum Officer notes in response to FOIA requests by asylum applicants or their

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legal counsel violates the Administrative Procedure Act and FOIA, (3) an injunction enjoining

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Defendants from continuing to withhold such records in the future on the basis of the “deliberative

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process” privilege, and (4) attorneys fees.

DAVIS WRIGHT TREMAINE LLP

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By order dated July 3, 2013, this Court granted Plaintiff’s motion for a preliminary

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injunction. [Docket No. 28] On July 18, 2013, the parties participated in a settlement conference

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and agreed on the parameters of a possible settlement. [See Docket Nos. 29-31.] As of October

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23, 2013, Defendants are taking issue with Plaintiff’s requested attorneys’ fees and the parties are

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in the process of seeking the assistance of the settlement magistrate judge (Chief Magistrate Judge

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Laporte) to resolve this remaining issue.

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The parties believe it would be best to hold a case management conference after at least an

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initial discussion with the Chief Magistrate Judge has been held. Accordingly, the parties

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respectfully request that the case management conference currently scheduled for October 31,

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2013, be continued until November 18, 2013.

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DATED: October 23, 2013.

DAVIS WRIGHT TREMAINE LLP

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By: /s/ Thomas R. Burke________________
THOMAS R. BURKE
Attorneys for Plaintiff JEFFREY
MARTINS

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DATED: October 23, 2013.

MELINDA HAAG
UNITED STATES ATTORNEY
By:

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PLAINTIFF’S CASE MANAGEMENT CONFERENCE STATEMENT
Case No. C 13-00591 LB

/s/ Abraham A. Simmons______
ABRAHAM A. SIMMONS
Assistant United States Attorney
Attorneys for Federal Defendants

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[PROPOSED] ORDER
The Court finds that just cause exists to continue the Case Management Conference until
November 18, 2013.

The Case Management Conference is reset to November 21, 2013 at
11:00 a.m. A Joint Case Management Statement (with updated
information only) due November 14, 2013.

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IT IS SO ORDERED.

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October 25, 2013
DATED: ____________________

___________________________
Laurel Beeler
United States Magistrate Judge

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DAVIS WRIGHT TREMAINE LLP

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PLAINTIFF’S CASE MANAGEMENT CONFERENCE STATEMENT
Case No. C 13-00591 LB