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

Filing 225

STIPULATION AND ORDER re 224 STIPULATION WITH PROPOSED ORDER Requesting Telephonic Appearance by Certain Counsel at Final Pretrial Conference filed by U.S. Department of Homeland Security, John Sandweg, Timothy S. Aitken, U.S. Immigration and Customs Enforcement, Jeh Charles Johnson. Signed by Judge Edward M. Chen on 4/18/16. (bpf, COURT STAFF) (Filed on 4/18/2016)

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1 2 3 4 5 6 7 8 9 10 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: (202) 598-8259 Facsimile: (202) 305-7000 Email: Katherine.J.Shinners@usdoj.gov Attorneys for Defendants 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 AUDLEY BARRINGTON LYON, JR., et. al., 15 Plaintiffs, 16 17 18 19 v. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, et. al., Case No.: 13-cv-05878 EMC JOINT STIPULATION REQUESTING TELEPHONIC APPEARANCE OF CERTAIN COUNSEL FOR DEFENDANTS AT FINAL PRETRIAL CONFERENCE; [PROPOSED] ORDER Defendants. CLASS ACTION 20 21 The Parties to this action hereby agree to the following and seek an order permitting 22 undersigned counsel for Defendants, Katherine J. Shinners, to appear by telephone at the Final 23 Pretrial Conference scheduled for April 19, at 2:30 p.m. As good cause for this request, the 24 Parties state the following: 25 26 27 28 JOINT STIPULATION REQUESTING TELEPHONIC APPEARANCE OF CERTAIN COUNSEL Case No.: 13-cv-05878 EMC -1- 1 The Final Pretrial Conference in this matter is scheduled for tomorrow, April 19, at 2:30 2 p.m. See ECF No. 96 (scheduling order); ECF No. 107 (rescheduling Final Pretrial Conference 3 to April 19, 2016). 4 Defendants state that undersigned counsel for the Defendants, Katherine J. Shinners, 5 planned to attend the hearing in person, along with co-counsel Brian Ward and Lauren Bingham. 6 This morning (April 18, 2016), Ms. Shinners’s close family member passed away. Under these 7 extraordinary circumstances, Ms. Shinners seeks to appear at the Final Pretrial Conference by 8 telephone, in order to focus on her family obligations and minimize time away from her family. 9 Mr. Ward and Ms. Bingham will still attend the conference in person. Ms. Shinners, however, is 10 currently designated as lead counsel and has been primarily responsible for conferences 11 regarding the Parties’ objections and responses to discovery responses, exhibits, and deposition 12 designations, and for many aspects of the case that will be addressed at the Pretrial Conference, 13 and her appearance at the Pretrial Conference by telephone will be of assistance to the Court. 14 See ECF No. 96 (requiring lead counsel to appear at Final Pretrial Conference). 15 16 Accordingly, the Parties respectfully request that Ms. Shinners be permitted to appear by telephone at the Final Pretrial Conference. 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION REQUESTING TELEPHONIC APPEARANCE OF CERTAIN COUNSEL Case No.: 13-cv-05878 EMC -2- 1 Dated: April 18, 2016 2 3 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, District Court Section 6 ELIZABETH J. STEVENS Assistant Director, District Court Section 7 8 By: /s/ Katherine J. Shinners KATHERINE J. SHINNERS BRIAN C. WARD JENNIFER A. BOWEN LAUREN C. BINGHAM Trial Attorneys, District Court Section P.O Box 868, Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 598-8259 Email: Katherine.J.Shinners@usdoj.gov 9 10 11 12 13 14 Attorneys for Defendants 15 16 17 18 19 20 21 22 23 24 25 26 27 Dated: April 18, 2016 By: _s/ Julia Harumi Mass___________ 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: (415) 621-2493 Facsimile: (415) 255-8437 Email: jmass@aclunc.org ORRICK, HERRINGTON & SUTCLIFFE LLP ROBERT P. VARIAN (SBN 107459) CHARLES J. HA (pro hac vice) DAVID KEENAN (pro hac vice) JUDY KWAN (SBN 273930) 28 JOINT STIPULATION REQUESTING TELEPHONIC APPEARANCE OF CERTAIN COUNSEL Case No.: 13-cv-05878 EMC -3- 1 ALEXIS YEE-GARCIA (SBN 277204) 2 AMERICAN CIVIL LIBERTIES UNION NATIONAL PRISON PROJECT CARL TAKEI (SBN 256229) 915 15th Street N.W., 7th Floor Washington, DC 20005 Telephone: (202) 393-4930 Facsimile: (202) 393-4931 Email: ctakei@aclu.org 3 4 5 6 7 11 MARC VAN DER HOUT (SBN 80778) MEGAN SALLOMI (SBN 300580) 180 Sutter Street San Francisco, CA 94104 Telephone: (415) 981-3000 Facsimile: (415) 981-3003 Email: msal@vblaw.com 12 Attorneys for Plaintiffs 8 9 10 13 15 I, Katherine J. Shinners, 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. 16 Dated: April 18, 2016 14 By: /s/ Katherine J. Shinners KATHERINE J. SHINNERS 17 [PROPOSED] ORDER 18 19 RT 26 ______________________________ HONORABLE EDWARD M. CHEN D UnitedDERE SO OR States District Judge 28 hen rd M. C dwa Judge E ER A H 27 R NIA IT IS DIFIED AS MO NO 25 10:00 a.m. on 4/19/16. FO 24 UNIT ED 23 4/18/16 Dated: ________________ Court her direct number by RT U O 22 S 21 S DISTRICT TE C TA LI 20 Ms. Shinners shall email the PURSUANT TO STIPULATION, IT IS SO ORDERED. N F D IS T IC T O R C JOINT STIPULATION REQUESTING TELEPHONIC APPEARANCE OF CERTAIN COUNSEL Case No.: 13-cv-05878 EMC -4- 1 CERTIFICATE OF SERVICE 2 No. 3:13-cv-05878-EMC 3 I hereby certify that on this 18th day of April, 2016, a true and correct copy of the 4 foregoing JOINT STIPULATION REQUESTING TELEPHONIC APPEARANCE AT 5 6 FINAL PRETRIAL CONFERENCE was served with the Clerk of Court by using the 7 CM/ECF system, which provided an electronic notice and electronic link of the same to all 8 attorneys of record through the Court’s CM/ECF system. 9 10 11 By: /s/ Katherine J. Shinners KATHERINE J. SHINNERS Trial Attorney, District Court Section Office of Immigration Litigation United States Department of Justice 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION REQUESTING TELEPHONIC APPEARANCE OF CERTAIN COUNSEL Case No.: 13-cv-05878 EMC -5-

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