Lyon et al v. U.S. Immigration and Customs Enforcement et al

Filing 117

STIPULATION AND ORDER re 115 STIPULATION WITH PROPOSED ORDER REGARDING PAGE LIMITS FOR BRIEFING ON CROSS MOTIONS FOR SUMMARY JUDGMENT, EXPERT DISCOVERY CUT-OFF filed by Nancy Neria-Garcia, Audley Barrington Lyon, Jr., Jose Elizandro Astorga-Cervantes. Signed by Judge Edward M. Chen on 12/15/15. (bpf, COURT STAFF) (Filed on 12/15/2015)

1
2
3
4
5
6
7
8
9

ROBERT P. VARIAN (SBN 107459)
CHARLES J. HA (pro hac vice)
DAVID KEENAN (pro hac vice)
JUDY KWAN (SBN 273930)
ALEXIS YEE-GARCIA (SBN 277204)
CHRISTOPHER J. SIEBENS (pro hac vice)
ORRICK, HERRINGTON & SUTCLIFFE LLP
The Orrick Building
405 Howard Street
San Francisco, California 94105-2669
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Attorneys for Plaintiffs
[Additional Counsel appear on signature page]

10
11

UNITED STATES DISTRICT COURT

12

NORTHERN DISTRICT OF CALIFORNIA

13
14
15

AUDLEY BARRINGTON LYON, JR., et. al.,
Plaintiffs,

16
v.
17
18
19
20
21
22

UNITED STATES IMMIGRATION AND
CUSTOMS ENFORCEMENT, et al.,

Case No.: 13-cv-05878 EMC
SECOND JOINT STIPULATION
REGARDING PAGE LIMITS FOR
BRIEFING ON CROSS MOTIONS FOR
SUMMARY JUDGMENT, EXPERT
DISCOVERY CUT-OFF; [PROPOSED]
ORDER
CLASS ACTION

Defendants.

23
24
25
26
27
28
SECOND JOINT STIPULATION
CASE NO.: 13-CV-05878 EMC

1

The Parties to this action hereby file this Second Joint Stipulation for an order to seek:

2



3

judgment. The Parties previously stipulated to, and the Court granted, Plaintiff up to

4

40 pages for its Motion for Partial Summary Judgment and Defendants up to 50 pages

5

for its Opposition and Cross Motion for Summary Judgment. (Dkt. Nos. 109, 110.)

6

The Parties have been diligently drafting their briefs, but due to the factual and legal

7

complexities involved in these motions, have determined that each side will need up

8

to an additional ten (10) pages to fully address the issues. Accordingly, Plaintiffs

9

seek leave to file an opening brief of up to 50 pages and Defendants seek leave to file

10

an opposition and cross-motion brief of up to 60 pages.

11



12

Expansion of the time period for filing declarations in support of administrative
motions to seal. Under Civil L.R. 79-5(d), a party who has designated material as

13

confidential (“Designating Party”) has four days after the filing and service of an

14

Administrative Motion to file a declaration supporting the sealing of material that the

15

party has designated as confidential. Based on the timing of Plaintiff’s motion for

16

summary judgment, the anticipated volume of material, and the necessity for third-

17

parties to provide supporting declarations, the parties seek an additional six (6) days

18

for any Designating Party to file supporting declarations. Accordingly, Designating

19

Party declarations would be due on or before Monday, December 28, 2015.

20



21

Extending expert discovery by an additional eight (8) days. The parties have been
diligently conducting expert discovery. However, given the schedule of the parties

22

over the holidays, the parties have been unable to arrange one final expert deposition

23

prior to the December 31, 2016 cut-off set by the Second Amended Case

24

Management Order (Dkt. No. 96). Accordingly, the parties seek an eight (8) day

25
26

Expansion of the page limits for the Parties’ cross motions for summary

extension of the expert discovery time period through January 8, 2016.
///

27
28
1

SECOND JOINT STIPULATION
CASE NO.: 13-CV-05878 EMC

1
2

Dated: December 14, 2015

Respectfully submitted,
ORRICK, HERRINGTON & SUTCLIFFE LLP

3
4

By:

/s/ Robert P. Varian
ROBERT P. VARIAN (SBN 107459)

5
6
7
8
9
10
11
12
13
14
15
16
17

AMERICAN CIVIL LIBERTIES UNION
FOUNDATION OF NORTHERN
CALIFORNIA
JULIA HARUMI MASS (SBN 189649)
MICHAEL T. RISHER (SBN 191627)
ANGELICA SALCEDA (SBN 296152)
39 Drumm Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
AMERICAN CIVIL LIBERTIES UNION
NATIONAL PRISON PROJECT
CARL TAKEI (SBN 256229)
915 15th Street N.W., 7th Floor
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

21

VAN DER HOUT, BRIGAGLIANO, &
NIGHTINGALE, LLP
MEGAN SALLOMI (SBN 300580)
180 Sutter Street, Suite 500
San Francisco, CA 94104
Main Line: [phone]
Direct Line: [phone]
Email: [e-mail]

22

Attorneys for Plaintiffs

18
19
20

23
24
25
26
27
28
2

SECOND JOINT STIPULATION
CASE NO.: 13-CV-05878 EMC

1

Dated: December 14, 2015

2
3

DISTRICT COURT SECTION
OFFICE OF IMMIGRATION LITIGATION
CIVIL DIVISION
U.S. DEPARTMENT OF JUSTICE
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General

4
5

WILLIAM C. PEACHEY
Director

6
7

ELIZABETH J. STEVENS
Assistant Director

8
9

By:

10
11

_/s/ Katherine J. Shinners
KATHERINE J. SHINNERS
BRIAN C. WARD
JENNIFER A. BOWEN

12
Trial Attorneys
P.O Box 868, Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

13
14
15
16

Attorneys For Defendants

17
18
19
20
21
22
23

I, Robert P. Varian, am the ECF User whose User ID and password are being used to file this
Stipulation. In accordance with Local Rule 5-1(i)(3), I hereby attest that the other signatories
listed here have concurred in the filing of this document.
Dated December 14, 2015

By: /s/ Robert P. Varian
ROBERT P. VARIAN

24
25
26
27
28
3

SECOND JOINT STIPULATION
CASE NO.: 13-CV-05878 EMC

RT

ER

H

7
8
9

R NIA

NO

6

ANTED

GR
____________________________________
HON. EDWARD M. CHEN
United States District Court Judge
hen
rd M. C
ge Edwa
Jud

LI

5

12/15/15

Date: ________________

FO

UNIT
ED

3
4

S

PURSUANT TO STIPULATION, IT IS SO ORDERED.

S DISTRICT
TE
C
TA

RT
U
O

2

[PROPOSED] ORDER

A

1

N

F
D IS T IC T O
R

C

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1

SECOND JOINT STIPULATION
CASE NO.: 13-CV-05878 EMC