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

Filing 22

STIPULATION AND ORDER re 20 STIPULATION WITH PROPOSED ORDER re 14 MOTION for Class Certification re Briefing Schedule and Hearing filed by U.S. Department of Homeland Security, John Sandweg, Timothy S. Aitken, U.S. Immigrat ion and Customs Enforcement, Jeh Charles Johnson, Set/Reset Deadlines as to 20 STIPULATION WITH PROPOSED ORDER re 14 MOTION for Class Certification re Briefing Schedule and Hearing, 14 MOTION for Class Certification. Responses due by 2/21/2014. Replies due by 3/7/2014. Motion Hearing set for 4/3/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 1/27/14. (bpf, COURT STAFF) (Filed on 1/27/2014)

Case3:13-cv-05878-EMC Document20 Filed01/24/14 Page1 of 6

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STUART F. DELERY
Assistant Attorney General
COLIN A. KISOR
Acting Director
ELIZABETH J. STEVENS
Assistant Director
JENNIFER A. BOWEN
Trial Attorney, District Court Section
Office of Immigration Litigation
Civil Division
U.S. Department of Justice
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]
Email: [e-mail]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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AUDLEY BARRINGTON LYON,
JR., et al.,

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Plaintiffs,
vs.
U.S. IMMIGRATION &
CUSTOMS ENFORCEMENT, et
al.,

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Defendants.

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Case No. 3:13-cv-05878-EMC
JOINT STIPULATION REGARDING
SCHEDULE FOR BRIEFING ON
MOTION TO CERTIFY CLASS (ECF
NO. 14) AND HEARING ON
MOTION UNDER CIVIL L.R. 6-2;
[PROPOSED] ORDER
Hearing:
Date:
Time:
Judge:

STIPULATED REQUEST FOR ORDER TO ENLARGE TIME
No. 3:13-cv-05878-EMC

April 3, 2014
1:30 pm, Courtroom #5
Edward M. Chen

Case3:13-cv-05878-EMC Document20 Filed01/24/14 Page2 of 6

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The Parties in the above-titled action hereby file this Joint Stipulation for an
Order under Civil L.R. 6-2 to set the briefing schedule on Plaintiffs’ Motion for
Class Certification (ECF No. 14) (“Motion”). The Parties stipulate to the
following: Defendants will be allowed until Friday, February 21, 2014, to
respond to the Motion; Plaintiffs will be allowed until Friday, March 7, 2014, to

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reply in support of the Motion; and any hearing on the Motion will be reset for
April 3, 2014. In support of this Joint Stipulation, the parties state the following:

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(1)

Plaintiffs Audley Barrington Lyon, Jr., Edgar Cornelio, José Elizandro

Astorga-Cervantes, and Lourdes Hernandez-Trujillo (collectively, “Plaintiffs”)
filed a Complaint for Injunctive and Declaratory Relief (“Complaint”) on behalf of

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themselves and all others similarly situated on December 19, 2013. See ECF No. 1.
(2)

Plaintiffs served the Complaint on the U.S. Attorney for the Northern

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District of California on December 23, 2013, rendering Defendants’ response to
the Complaint due by February 21, 2013. See ECF No. 6; Fed. R. Civ. P. 12(a)(2).
(3)

Plaintiffs filed a Notice of Motion and Motion for Class Certification

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and Appointment of Class Counsel; Memorandum of Points and Authorities in

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Support Thereof (“Motion”) on January 13, 2014. See ECF No. 14.

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(4)

This Court is scheduled to hold a hearing on February 27, 2014, on

the Motion. Defendants’ response to the Motion is due by January 27, 2014. See

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STIPULATED REQUEST FOR ORDER TO ENLARGE TIME
No. 3:13-cv-05878-EMC

Case3:13-cv-05878-EMC Document20 Filed01/24/14 Page3 of 6

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Civil L.R. 7-3 (“The opposition must be filed and served not more than 14 days
after the motion was filed.”).

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(5)

Absent this stipulated enlargement of time, Defendants’ response to

Plaintiffs’ Motion must be filed with the Court approximately four weeks –

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twenty-five (25) days – prior to the date by which Defendants must respond to
Plaintiffs’ Complaint. See supra. ¶ 2.
(6)

“A Court order is required for any enlargement or shortening of time

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that alters an event or deadline already fixed by Court order or that involves papers

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required to be filed or lodged with the Court (other than an initial response to the

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complaint).” Civil L.R. 6-1(b).
(7)

Counsel for Plaintiffs and counsel for Defendants have met and

conferred concerning due dates for responsive pleadings and for motions and briefs
that are contemplated.
(8)

Counsel for Plaintiffs and counsel for Defendants have agreed to

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extend the deadline for Defendants’ opposition to Plaintiffs’ Motion and Plaintiffs’

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reply brief in support of their Motion.

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(9)

This is the first enlargement of time that the Parties have sought in

this action.
(10) This Stipulated Request to Enlarge Time is not intended for the

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purpose of undue delay or prejudice.
STIPULATED REQUEST FOR ORDER TO ENLARGE TIME
No. 3:13-cv-05878-EMC

Case3:13-cv-05878-EMC Document20 Filed01/24/14 Page4 of 6

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THEREFORE, the Parties hereby stipulate to and respectfully request that

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the Court order the following schedule:

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(a) Defendants must respond to Plaintiffs’ Motion for Class Certification

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by February 21, 2014.
(b)

Plaintiffs must file any reply brief in support of their Motion for Class

Certification by March 7, 2014.

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(c)

The hearing on Plaintiffs’ Motion for Class Certification, currently

scheduled for Thursday, February 27, 2014, is reset for April 3, 2014, at 1:30pm.

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IT IS SO STIPULATED.

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//

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//

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//

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STIPULATED REQUEST FOR ORDER TO ENLARGE TIME
No. 3:13-cv-05878-EMC

Case3:13-cv-05878-EMC Document20 Filed01/24/14 Page5 of 6

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Dated: January 24, 2014

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U.S. DEPARTMENT OF JUSTICE
OFFICE OF IMMIGRATION LITIGATION
By:

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/s/ Jennifer A. Bowen
JENNIFER A. BOWEN

Attorneys for Defendants

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Dated: January 24, 2014

ORRICK HERRINGTON & SUTCLIFFE LLP

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By:

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/s/ Robert P. Varian
ROBERT P. VARIAN

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AMERICAN CIVIL LIBERTIES UNION OF
NORTHERN CALIFORNIA, INC.

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By:

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/s/ Julia Harumi Mass
JULIA HARUMI MASS
JINGNI (JENNY) ZHAO
MICHAEL TEMPLE RISHER

AMERICAN CIVIL LIBERTIES UNION
NATIONAL PRISON PROJECT

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By:

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/s/ Carl Takei
CARL TAKEI

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Attorneys for Plaintiffs

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S

RT

STIPULATED REQUEST FOR ORDER TO ENLARGE TIME
No. 3:13-cv-05878-EMC

H

ER

Chen

FO

ard M.

dw
Judge E

R NIA

ED
______________________________
ORDER
SO Chen
Hon. Edward J.
IT IS
Judge, United States District Court
NO

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1/27/14

____________

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Dated:

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RT
U
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IT IS SO ORDERED.

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UNIT
ED

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Case3:13-cv-05878-EMC Document20 Filed01/24/14 Page6 of 6

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CERTIFICATION OF CONCURRENCE FROM OTHER PARTIES

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I, Jennifer A. Bowen, am the ECF user whose ID and password are being
used to file this Joint Stipulation Regarding Schedule for Briefing on Motion to

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Certify Class (ECF No. 14) and Hearing on Motion under Civil L.R. 6-2. In

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compliance with General Order 45, X.B., I hereby certify that each of the other

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signatories has concurred in the filing of this document and has authorized the use
of his/her electronic signature.

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Dated: January 24, 2014

/s/ Jennifer A. Bowen
JENNIFER A. BOWEN
Trial Attorney, District Court Section
Office of Immigration Litigation
Civil Division
United States Department of Justice
P.O. Box 868, Ben Franklin Station
Washington, DC 20044

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STIPULATED REQUEST FOR ORDER TO ENLARGE TIME
No. 3:13-cv-05878-EMC