Plascencia-De Haro v. Holder et al

Filing 39

ORDER by Judge Haywood S. Gilliam, Jr. Granting 38 Stipulation re 37 Clerk's Notice. (ndrS, COURT STAFF) (Filed on 8/13/2015)

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
Civil Division
WILLIAM C. PEACHEY
Director, District Court Section
JEFFREY S. ROBINS
Assistant Director
HANS H. CHEN
Trial Attorney
United States Department of Justice, Civil Division
Office of Immigration Litigation, District Court Section
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Telephone: [phone], Facsimile: [phone]
Email: [e-mail]
ATTORNEYS FOR DEFENDANTS

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GLORIA PLASCENCIA-DE HARO,
Plaintiff,

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v.
ERIC H. HOLDER, JR., Attorney
General of the United States, et al.,
Defendants.

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No. 3:14-cv-03058
STIPULATED REQUEST FOR
ORDER CHANGING DATE OF
MOTION HEARING

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Pursuant to Local Rule 6-3, Plaintiff Gloria Plascencia-de Haro

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(“Plascencia”) and Defendants Eric H. Holder, Jr., et al. (“Defendants,” and with

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Plascencia, the “Parties”) file this stipulated request for the Court to change the

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date of the hearing on Defendants’ Motion to Dismiss and for Partial Summary

STIPULATED REQUEST FOR ORDER
CHANGING DATE OF MOTION HEARING
NO. 3:14-CV-03058

UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION
OFFICE OF IMMIGRATION LITIGATION
P.O. BOX 868
WASHINGTON, DC 20044
-1202-307-4469

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Judgment (ECF No. 22) from August 20, 2015, to September 3, 2015. In support

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of this Stipulation, and as set forth in the accompanying declaration of Hans H.

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Chen, the Parties state as follows:

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This is an immigration case arising under the Administrative Procedure Act,

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5 U.S.C. § 701, in which Plaintiff challenges the denial by United States

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Citizenship and Immigration Services of Plaintiff’s application for adjustment of

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status to permanent residence. Plaintiff also seeks to enjoin United States

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Immigration and Customs Enforcement from removing Plaintiff pursuant to an

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order of voluntary departure issued in 1994.

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On April 2, 2015, Defendants filed a Motion to Dismiss for Lack of

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Jurisdiction and for Partial Summary Judgment and noticed the hearing for June 4,

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2015. (ECF No. 22.)

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Pursuant to Local Rule 7-3(a), Plaintiff filed her opposition to the Motion to

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Dismiss on April 16, 2015. (ECF No. 23.) In her opposition, Plaintiff noted that

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she would file her opposition to the Motion for Partial Summary Judgment by May

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4, 2015, pursuant to the summary judgment deadlines established in the Court’s

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July 7, 2014, Immigration Mandamus Case Procedural Order. (ECF No. 5.)

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On May 4, 2015, before filing her summary judgment response, Plaintiff

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filed a Motion to Stay Proceedings Pending a Decision in Texas, at al. v. United

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States. (ECF No. 26.) Defendants opposed that motion and cross-moved for a

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continuance of the June 4, 2015, hearing on Defendants’ Motion to Dismiss and for

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Partial Summary Judgment. (ECF No. 31.)

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On May 22, 2015, the Court directed Plaintiff to respond to Defendants’

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Motion for Partial Summary Judgment by June 4, 2015, vacated the June 4, 2015,

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hearing date on Defendants’ Motion to Dismiss and for Partial Summary

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Judgment, and noted that it would determine whether to set a hearing on Plaintiff’s

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STIPULATED REQUEST FOR ORDER
CHANGING DATE OF MOTION HEARING
NO. 3:14-CV-03058

UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION
OFFICE OF IMMIGRATION LITIGATION
P.O. BOX 868
WASHINGTON, DC 20044
-2202-307-4469

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Motion to Stay Proceedings and on Defendants’ Motion to Dismiss and for Partial

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Summary Judgment after briefing was complete. (ECF Nos. 32, 33.)
With no hearing date set on Defendants’ Motion to Dismiss and for Partial

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Summary Judgment, counsel for Defendants made plans for out-of-town travel

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with family on August 19, 2015, and for the week following.
On August 10, 2015, the Court set a hearing on Defendant’s Motion to

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Dismiss and for Partial Summary Judgment for August 20, 2015, at 2:00 p.m. 1
As noted above, counsel for Defendants has personal travel plans that

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conflict with the hearing date that the Court set on August 10, 2015. In light of

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that conflict, Defendants seek a change in time in the hearing date to September 3,

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2015.
In an email dated August 10, 2015, counsel for Plaintiff stated that Plaintiff

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would stipulate to a request to change the date of the hearing on Defendant’s

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Motion to Dismiss and for Partial Summary Judgment from August 20, 2015, to

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September 3, 2015. Undersigned counsel for Defendants attests he has on file all

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holographic signatures corresponding to any signatures indicated by a conformed

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signature (“/s/”) within this Stipulated Request.
In addition to the Plaintiff’s Motion to Stay Proceedings and Defendants’

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Cross-Motion to continue the June 4, 2015, hearing date, previous time

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modifications in this case consist of the following:
On September 25, 2014, the parties stipulated to extend the time for

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Defendants to answer or otherwise respond to the Complaint so that Plaintiff could

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file an amended complaint to account for additional administrative action that had

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occurred since the filing of her original complaint. (ECF No. 10.) On September

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29, 2014, the Court endorsed the stipulation. (ECF No. 11.)

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The Court has not yet ruled on whether it will set a hearing on Plaintiff’s Motion
to Stay Proceedings.

STIPULATED REQUEST FOR ORDER
CHANGING DATE OF MOTION HEARING
NO. 3:14-CV-03058

UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION
OFFICE OF IMMIGRATION LITIGATION
P.O. BOX 868
WASHINGTON, DC 20044
-3202-307-4469

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On March 2, 2015, the Court granted in part and denied in part Defendants’

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February 26, 2015, unopposed motion to extend their February 26, 2015, deadline

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to file their motion for summary judgment until and including April 27, 2015.

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(ECF No. 18.) The Court’s March 2, 2015, order granted Defendants until and

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including March 19, 2015, to file their motion for summary judgment. (ECF No.

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19.)

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On March 20, 2015, Defendants filed a second unopposed motion to extend

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their time to file their motion for summary judgment (ECF No. 20.) On March 20,

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2015, the Court granted Defendants the motion and granted Defendants until and

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including April 2, 2015, to file their motion for summary judgment. (ECF No. 21.)

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Other than delay by two weeks the hearing on Defendants’ Motion to

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Dismiss and for Partial Summary Judgment, this requested time modification will

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have no effect on the schedule for the case.

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Thus, for good cause shown, Defendants stipulate and request that the Court

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change the date of the hearing on Defendants’ Motion to Dismiss and for Partial

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Summary Judgment from August 20, 2015, until September 3, 2015.

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STIPULATED REQUEST FOR ORDER
CHANGING DATE OF MOTION HEARING
NO. 3:14-CV-03058

UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION
OFFICE OF IMMIGRATION LITIGATION
P.O. BOX 868
WASHINGTON, DC 20044
-4202-307-4469

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Dated: August 12, 2015

Respectfully submitted,

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LAW OFFICE OF
ROBERT L. LEWIS

BENJAMIN C. MIZER
Principal Deputy
Assistant Attorney General
Civil Division

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/s/ Kevin Michael Crabtree
KEVIN MICHAEL CRABTREE
428 13th Street 7th Floor
Oakland, California 94612
[phone]
[phone] (facsimile)
[e-mail]
ATTORNEYS FOR PLAINTIFF

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WILLIAM C. PEACHEY
Director
Office of Immigration Litigation
District Court Section
JEFFREY S. ROBINS
Assistant Director
/s/ Hans H. Chen
HANS H. CHEN
Trial Attorney
U.S. Department of Justice, Civil
Division
Office of Immigration Litigation
District Court Section
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
[phone]
[phone] (facsimile)
[e-mail]

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ATTORNEYS FOR DEFENDANTS

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: August 13, 2015

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___________________________________
HON. HAYWOOD S. GILLIAM, JR.
United States District Judge

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STIPULATED REQUEST FOR ORDER
CHANGING DATE OF MOTION HEARING
NO. 3:14-CV-03058

UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION
OFFICE OF IMMIGRATION LITIGATION
P.O. BOX 868
WASHINGTON, DC 20044
-5202-307-4469

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CERTIFICATE OF SERVICE
I hereby certify that on August 12, 2015, I filed the foregoing document and

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any exhibits and attachments thereto with the Clerk of the Court through the

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Court’s ECF system and that the foregoing document will be served electronically

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upon registered participants identified on the Notice of Electronic Filing.

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/s/ Hans H. Chen
HANS H. CHEN
Trial Attorney
United States Department of Justice
Civil Division
Office of Immigration Litigation
District Court Section

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ATTORNEYS FOR DEFENDANTS

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Dated: August 12, 2015

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STIPULATED REQUEST FOR ORDER
CHANGING DATE OF MOTION HEARING
NO. 3:14-CV-03058

UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION
OFFICE OF IMMIGRATION LITIGATION
P.O. BOX 868
WASHINGTON, DC 20044
-6202-307-4469