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

Filing 174

STIPULATION AND ORDER re 173 Case Management Scheduling Order. Signed by Judge Edward M. Chen on 3/21/16. (bpf, COURT STAFF) (Filed on 3/21/2016)

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
WILLIAM C. PEACHEY
Director, District Court Section
ELIZABETH J. STEVENS
Assistant Director, District Court Section
KATHERINE J. SHINNERS
BRIAN C. WARD
JENNIFER A. BOWEN
LAUREN C. BINGHAM
Trial Attorneys, Office of Immigration Litigation
U.S. Department of Justice – Civil Division
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants

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

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Plaintiffs,

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v.
UNITED STATES IMMIGRATION AND
CUSTOMS ENFORCEMENT, et. al.,
Defendants.

Case No.: 13-cv-05878 EMC

JOINT STIPULATION REQUESTING
MODIFICATION OF PRETRIAL
DEADLINES AND TELEPHONIC
APPEARANCE AT CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER

(Denied. See Page 5)

CLASS ACTION

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The Parties to this action hereby agree to the following and seek an order (1) extending

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the deadlines for the pretrial filings set forth in the Court’s Pretrial Instructions, Parts B & C (see

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ECF No. 96), from March 29, 2016, to April 12, 2016; and (2) permitting counsel for Defendants

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to appear by telephone at the Case Management Conference scheduled for Wednesday, March

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23, 2016. As good cause for this request, the Parties state the following:

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JOINT STIPULATION REGARDING PRETRIAL DEADLINES
Case No.: 13-cv-05878 EMC

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Last Friday, March 18, 2016, this Court issued its Order Granting in Part and Denying in

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Part Defendants’ Motion for Summary Judgment; and Denying Plaintiffs’ Motion for Summary

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Judgment. See ECF No. 167. In so doing, the Court made rulings that will guide the parties’

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presentation of their cases at trial. See generally id. It also ordered the parties “to meet and

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confer, in order to reach a stipulation to undisputed facts (as found and set forth in this Order) for

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trial,” and set a Case Management Conference for Wednesday, March 23, 2016, at 10:00 a.m. to

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delineate the scope and nature of the trial. Id. at p. 46.
Trial in this case is scheduled to begin May 23, 2016, and the Final Pretrial Conference is

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currently scheduled for April 19, 2016. See ECF No. 96 (scheduling order); ECF No. 107

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(rescheduling Final Pretrial Conference to April 19, 2016). The required pretrial filings—

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including the Joint Pretrial Conference Statement, fully briefed Motions in Limine, Findings of

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Fact and Conclusions of Law, and Trial Briefs—are due on March 29, 2016. See ECF No. 96,

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Pretrial Instructions, Parts B&C. Plaintiffs are also taking a trial deposition of their own witness

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during the week of March 21, 2016, in Bakersfield, California as well as a deposition of

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Defendants’ recently disclosed substitute expert witness on April 7, 2016.1

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The Parties, through counsel, met and conferred regarding preparation of the Joint

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Pretrial Conference Statement and had agreed upon deadlines for the exchange of the

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components of that statement. The Parties agreed to staggered deadlines, many of which fall

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during the week of March 21, 2016, regarding the exchange of proposed undisputed facts,

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witness and exhibit lists, and deposition designations, and the objections and responses thereto,

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to allow time for the Parties to meet and confer prior to submitting disputes to the Court.

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The Court’s recent Order on Summary Judgment impacts these components of the Joint
Pretrial Conference Statement, as well as the parties’ Proposed Findings of Fact and Conclusions

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Plaintiffs also intend to file a request for leave to file a motion for reconsideration of one aspect
of the Court’s Order on Summary Judgment, pursuant to Local Civil Rule 7-9. Plaintiffs
represent that this request and any ruling on the requested motion for reconsideration will not
impact the denial of summary judgment or the evidence to be presented at trial and therefore will
not significantly impact the Parties’ pretrial filings, but will require additional time for Plaintiffs
to prepare and for Defendants to respond to.

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JOINT STIPULATION REGARDING PRETRIAL DEADLINES
Case No.: 13-cv-05878 EMC

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of Law and Trial Briefs. The Parties now jointly request additional time to submit the pretrial

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filings in light of the Order on Summary Judgment. A continuance of the March 29 deadline

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would allow the Parties time to further evaluate the effect of the Order on the Joint Pretrial

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Conference Statement and related pretrial filings, to conform those filings, as necessary, to the

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Court’s Order and further guidance provided at the Case Management Conference scheduled for

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May 23, to assert objections and responses thereto, and to engage in a meaningful meet and

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confer process before submitting objections or disputes to the Court. Specifically, the Parties

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respectfully request that the Court allow the Parties until April 12, 2016, to submit the Joint

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Pretrial Conference Statement and the Pretrial Materials listed in Part C of the Court’s Pretrial

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Instructions.

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Further, in light of the imminent pretrial deadlines and the preservation deposition

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currently scheduled to take place in Bakersfield, California, on March 23, 2016, the same day as

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the Case Management Conference, the Parties respectfully request that counsel for Defendants

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be permitted to appear by telephone at the Case Management Conference in order to minimize

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travel time and allow Defendants’ counsel to focus on trial preparation.

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Dated: March 21, 2016

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OFFICE OF IMMIGRATION LITIGATION,
CIVIL DIVISION
U.S. DEPARTMENT OF JUSTICE

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
WILLIAM C. PEACHEY
Director, District Court Section
ELIZABETH J. STEVENS
Assistant Director, District Court Section
By: /s/ Jennifer A. Bowen
KATHERINE J. SHINNERS
BRIAN C. WARD
JENNIFER A. BOWEN
LAUREN C. BINGHAM
Trial Attorneys, District Court Section
P.O Box 868, Ben Franklin Station

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JOINT STIPULATION REGARDING PRETRIAL DEADLINES
Case No.: 13-cv-05878 EMC

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Washington, D.C. 20044
Telephone: [phone]
Email: [e-mail]

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Attorneys for Defendants

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Dated: March 21, 2016

By: _s/ Charles Ha________________
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION OF NORTHERN CALIFORNIA
JULIA HARUMI MASS (SBN 189649)
ANGÉLICA SALCEDA (SBN 296152)
MICHAEL T. RISHER (SBN 191627)
39 Drumm Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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ORRICK, HERRINGTON & SUTCLIFFE LLP
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)

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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]

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MARC VAN DER HOUT (SBN 80778)
MEGAN SALLOMI (SBN 300580)
180 Sutter Street
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs
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JOINT STIPULATION REGARDING PRETRIAL DEADLINES
Case No.: 13-cv-05878 EMC

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I, Jennifer A. Bowen, 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.

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Dated: March 21, 2016

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By: /s/ Jennifer A. Bowen
JENNIFER A. BOWEN

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[PROPOSED] ORDER

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dwar
Judge E

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DERED
SO OR ED
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______________________________
TC
TE
HONORABLE EDWARD M. CHEN
TA
United States District Judge

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Dated: ________________
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person at the 3/23/16 10:00 a.m. status conference. Pretrial filings must be filed
by 4/7/16.
March 21, 2016
S DISTRIC

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PURSUANT TO STIPULATION, IT IS SO ORDERED. Denied. All parties must appear in

UNIT
ED

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N

D IS T IC T
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OF

C

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JOINT STIPULATION REGARDING PRETRIAL DEADLINES
Case No.: 13-cv-05878 EMC

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CERTIFICATE OF SERVICE

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No. 3:13-cv-05878-EMC

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I hereby certify that on this 21st day of March 2016, a true and correct copy of the

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foregoing JOINT STIPULATION REQUESTING MODIFICATION OF PRETRIAL
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DEADLINES AND TELEPHONIC APPEARANCE AT CASE MANAGEMENT

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CONFERENCE was served with the Clerk of Court by using the CM/ECF system, which

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provided an electronic notice and electronic link of the same to all attorneys of record through

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the Court’s CM/ECF system.

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By: /s/ Jennifer A. Bowen
JENNIFER A. BOWEN
Trial Attorney, District Court Section
Office of Immigration Litigation
United States Department of Justice

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JOINT STIPULATION REGARDING PRETRIAL DEADLINES
Case No.: 13-cv-05878 EMC

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