Alam v. Johnson et al

Filing 12

STIPULATION AND ORDER extending dates signed by Magistrate Judge Elizabeth D. Laporte: re 11 STIPULATION. Defendants' time to respond to the complaint is extended to 8/14/15. The Case Management Conference is rescheduled to 9/8/2015 at 10:00 AM in Courtroom E, 15th Floor, San Francisco.(shyS, COURT STAFF) (Filed on 3/3/2015)

JOYCE R. BRANDA
Acting Assistant Attorney General
WILLIAM C. PEACHEY
Director
STACEY I. YOUNG
Senior Litigation Counsel
EDWARD S. WHITE
Trial Attorney
N.Y. State Bar Reg. # 2088979
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 Defendant
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SHEIKH MD TOUHID UL ALAM
(aka “Sheikh Alam”),

) Case No. 3:15-cv-00105 EDL
)
)
Plaintiff,
)
)
v.
)
) STIPULATION TO EXTEND DATES
___________
JEH JOHNSON, Secretary of the
) and [PROPOSED] ORDER
Department of Homeland Security,
)
LEON RODRIGUEZ, Director of U.S.
)
Citizenship and Immigration Services,
)
DONALD NEUFELD, Associate
)
Director of Service Center Operations,
)
U.S. Citizenship and Immigration
)
Services,
)
)
Defendants.
)
__________________________________ )

Plaintiff, by and through his attorney of record, and Defendants, by and through their
attorneys of record, hereby stipulate, subject to the approval of the Court, to the following:
1. In this case, Plaintiff seeks a writ of mandamus requiring the United States Citizenship
and Immigration Services (“USCIS”) to render a decision on his application to register
permanent residence or adjust status, USCIS Form I-485.
2. Plaintiff filed this action on January 8, 2015, ECF Doc. 1, and served the United States
Attorney for the Northern District of California on January 12, 2015. ECF Doc. 5. Defendants’
answer is currently due on March 13, 2015.
3. On January 9, 2015, this Court entered an Order Setting Initial Case Management
Conference and ADR Deadlines. ECF Doc. 4.
4. On February 20, 2015, USCIS issued to Plaintiff a third Request for Evidence
(“RFE”) in connection with his I-485 application, asking him to provide to USCIS by May 15,
2015, certain documents and information related to his eligibility for permanent residence.
5. In order to allow USCIS sufficient time to receive and consider the documents and
information requested in the February 20, 2015, RFE, and to consider an alternative resolution to
this case before the parties or the Court expend additional resources and effort on this litigation,
the parties hereby respectfully ask this Court to extend Defendants’ time to answer, or otherwise
respond to, the Complaint from Friday, March 13, 2015, until Friday, August 14, 2015.
6. Further, the parties respectfully request that the Court correspondingly extend the
dates in the Court’s January 9, 2015, Case Management Conference Order as follows:
a. To August 18, 2015, to meet and confer concerning initial disclosures and the
other matters identified in the Court’s January 9th Order as due by March 17, 2015;
b. To September 1, 2015, to file the Rule 26(f) report, and the other matters
identified in the Court’s January 9th Order as due by March 31, 2015; and
c. To September 8, 2015, for the initial Case Management Conference, scheduled
in the Court’s January 9th Order for April 7, 2015.

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IT IS SO STIPULATED.
Date: March 2, 2015

Respectfully submitted,

For the Plaintiff,

For the Defendants,

/s/ Cara Jobson
CARA JOBSON (CSB# 218400)
Wiley & Jobson, P.C.
703 Market St., Ste. 401
San Francisco, CA 94107
Tel: [phone]
Fax: [phone]

BRIAN C. MIZER
Acting Assistant Attorney General
WILLIAM C. PEACHEY
Director
STACEY I. YOUNG
Senior Litigation Counsel

/s/ Edward S. White
EDWARD S. WHITE
N.Y. State Bar Reg. # 2088979
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]
ORDER
Pursuant to stipulation, IT IS SO ORDERED.
Date: March 3, 2015
ELIZABETH D. LAPORTE
United States Magistrate Judge

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