Islam et al v. Heinauer et al

Filing 16

STIPULATION AND ORDER RE 15 TO RESET BRIEFING SCHEDULE AND MOTION HEARING. Motion Hearing set for 1/9/2014 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 9/25/13. (cl, COURT STAFF) (Filed on 9/25/2013)

Case3:13-cv-02316-RS Document15 Filed09/24/13 Page1 of 3

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Robert B. Jobe (Cal. State Bar #133089)
LAW OFFICE OF ROBERT B. JOBE
550 Kearny Street, Suite 200
San Francisco, CA 94108
[phone] (phone)
[phone] (fax)
Attorney for Plaintiff.

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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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MOHAMMAD SHER ISLAM,

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Plaintiff,
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v.
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F. GERARD HEINAUER, DIRECTOR,
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USCIS NEBRASKA SERVICE CENTER; )
ET. AL.
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Defendants.
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____________________________________)

No.

3:13-cv-02316-RS

JOINT STIPULATION TO RESET
BRIEFING SCHEDULE AND MOTION
HEARING; [PROPOSED] ORDER

Hearing:
Time:

Dec. 12, 2013
1:30 p.m.

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Plaintiff, by and through his attorney of record, and Defendants, by and through their

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attorneys of record, hereby stipulate, subject to the approval of the Court, to reset the briefing

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schedule and the hearing date on Defendants' motion to dismiss. This motion is made on the

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following grounds:

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Stipulation to Reset Briefing Schedule and Hearing Date; [Proposed] Order
3:13-cv-02316-RS

Case3:13-cv-02316-RS Document15 Filed09/24/13 Page2 of 3

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1.

On May 21, 2013, Plaintiff filed the above-captioned action. Defendants were

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served on June 29, 2013. The parties thereafter stipulated to two 30-day extensions for

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Defendants to file their answer or otherwise respond to Plaintiff's complaint. On September 23,

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2013, Defendants filed a Motion to Dismiss; Alternative Motion for Summary Judgment.

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2.

Currently, pursuant to the Court’s Procedural Order for Immigration Mandamus

Cases, the briefing schedule for defendant’s motion and/or any counter-motion for summary
judgment by plaintiffs is as follows: (i) Plaintiffs’ opposition and/or counter-motion is due by
October 7, 2013; (ii) Defendants’ reply and/or opposition is due October 15, 2013; and (iii) if
Plaintiffs opt to file a counter-motion on October 7, 2013, Plaintiffs may file a reply to
Defendants' opposition by October 22, 2013.

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3.
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Plaintiff's counsel will be on vacation from October 9 through October 29, 2013.

Given the unavailability of Plaintiffs’ counsel until October 29, 2013, subject to the approval of
the Court, the parties hereby stipulate to the following briefing schedule:
(a)

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Plaintiff's opposition or counter-motion for summary judgment is due by
November 15, 2013;

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(b)

Defendants’ reply is due by December 6, 2013;

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(c)

If Plaintiff files a counter-motion for summary judgment on November 15, 2013,

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Plaintiff may file a reply by December 20, 2013.
(d)

The hearing on Defendants’ summary judgment motion will be continued to

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January 9, 2014, at 10:00 a.m. Any hearing on plaintiffs’ counter-motion for

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summary judgment will be held at the same date and time, January 9, 2014, at

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10:00 a.m.

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For the reasons stated above, the parties respectfully request that Court adopt the briefing

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schedule listed above.

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IT IS SO STIPULATED.

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Stipulation to Reset Briefing Schedule and Hearing Date; [Proposed] Order
3:13-cv-02316-RS

Case3:13-cv-02316-RS Document15 Filed09/24/13 Page3 of 3

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Dated: September 24, 2013

Respectfully submitted,

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/s/
________________________
ROBERT B. JOBE1
Law Office of Robert B. Jobe
Attorney for Plaintiff

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Dated: September 24, 2013
/s/
__________________________
STACEY YOUNG
U.S. Department of Justice Civil Division
Office of Immigration Litigation
Attorney for Defendants

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[PROPOSED] ORDER
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Pursuant to stipulation and for good cause shown, IT IS HEREBY ORDERED that:
(1)

Plaintiff's opposition or counter-motion for summary judgment is due by November 15,

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2013;
(2)

Defendants’ reply is due by December 6, 2013;

(3)

If Plaintiff files a counter-motion for summary judgment on November 15, 2013, Plaintiff

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may file a reply by December 20, 2013.
(4)

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The hearing on Defendants’ summary judgment motion will be continued to January 9,
1:30 p.m.
2014, at 10:00 a.m. Any hearing on plaintiffs’ counter-motion for summary judgment
1:30 p.m.
will be held at the same date and time, January 9, 2014, at 10:00 a.m. motions hearing is

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reset to May 6, 2011 at 9:00 a.m. and all other deadlines are reset accordingly.

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IT IS SO ORDERED.

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Dated: 9/25/13
___________________________________
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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I, Robert B. Jobe, attest that both Stacey Young and I have signed this document.

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Stipulation to Reset Briefing Schedule and Hearing Date; [Proposed] Order
3:13-cv-02316-RS