K.H. v. Secretary of the Department of Homeland Security

Filing 75

STIPULATION AND ORDER re 74 STIPULATION WITH PROPOSED ORDER filed by Secretary of the Department of Homeland Security. Signed by Judge Jon S. Tigar on February 23, 2017. (wsn, COURT STAFF) (Filed on 2/23/2017)

1 BRIAN J. STRETCH (CABN 163973)
United States Attorney
2 SARA WINSLOW (DCBN 457643)
Chief, Civil Division
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WENDY M. GARBERS (CABN 213208)
4 Assistant United States Attorney
DAVID A. PEREDA (CABN 237982)
5 Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
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San Francisco, California 94102-3495
Telephone: [phone]
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FAX: [phone]
[e-mail]
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Attorneys for Defendant SECRETARY OF
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SECURITY
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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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K. H., C.V., W.L., J.M., JEFFREY BOYER,
BRIAN PIEROG, DONNA BAXTER,
RICHARD DEVIVO, and GARY
MCCONAGHY, on behalf of themselves and
those similarly situated,

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Plaintiffs,
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v.
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THE SECRETARY OF THE DEPARTMENT )
OF HOMELAND SECURITY,
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Defendant.
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Case No. 15-cv-02740 JST
STIPULATION AND [PROPOSED] ORDER RE
PENDING SUMMARY JUDGMENT MOTIONS
Current Date: April 20, 2017
Proposed New Date: June 8, 2017
Time: 2:00 p.m.
The Honorable Jon S. Tigar

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STIPULATION

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WHEREAS, defendant filed their summary judgment motions on February 3, 2017;

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WHEREAS, since the filing of the motions, counsel for defendant learned that one piece of data

26 cited in the motions titled “FY13 Average Daily Scheduled US Carrier Passenger Flights (Departures and
27 Arrivals)” actually refers to Average Daily Scheduled High Risk US Carrier Passenger Flights (Departures
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STIPULATION AND [PROPOSED] ORDER RE PENDING SUMMARY JUDGMENT MOTIONS
NO. 15-CV-02740 JST

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1 and Arrivals). While this difference does not change the substance of defendant’s argument, defendant
2 wishes to correct the record. This issue impacts only the summary judgment motion with Docket Number
3 69, and does not impact the summary judgment motion with Docket Number 73;
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WHEREAS, the parties have conferred and plaintiffs do not object to defendant filing an amended

5 summary judgment motion (ECF 69);
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IT IS HEREBY STIPULATED, by the parties to the above-captioned action, by and through their

7 respective counsel of record, that:
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1. Defendant will file an amended motion for summary judgment (re ECF 69) on or before

9 February 28, 2017.
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2. Plaintiffs’ oppositions to both summary judgment motions (ECF 69 and 73) will due on March

11 31, 2017;
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3. Defendant’s reply memoranda in support of the summary judgment motions will be due on April

13 28, 2017; and
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4. Subject to the Court’s availability, the hearing on the summary judgment motions will be reset to

15 June 8, 2017, at 2:00 p.m.
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17 DATED: February 23, 2017

Respectfully submitted,

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BRIAN J. STRETCH
Acting United States Attorney

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/s/ Wendy M. Garbers
WENDY M. GARBERS
Assistant United States Attorney
Attorneys for Defendant

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DATED: February 23, 2017

MORRIS POLICH & PURDY LLP

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/s/ Nicholas M. Wieczorek *
NICHOLAS M. WIECZOREK
Attorneys for Plaintiff

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*In compliance with Civil Local Rule 5-1(i)(3), the filer of this document attests under penalty of perjury
27 that plaintiffs have concurred in the filing of this document.
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STIPULATION AND [PROPOSED] ORDER RE PENDING SUMMARY JUDGMENT MOTIONS
NO. 15-CV-02740 JST

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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5 Dated: February 23, 2017
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THE HONORABLE JON S. TIGAR
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STIPULATION AND [PROPOSED] ORDER RE PENDING SUMMARY JUDGMENT MOTIONS
NO. 15-CV-02740 JST

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