Janjua v. Neufeld et al

Filing 21

STIPULATION AND ORDER setting dispositive motions deadline. Case Management Statement due by 5/4/2017. Further Case Management Conference set for 5/11/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 11/1/16. (bpfS, COURT STAFF) (Filed on 11/1/2016)

Case 3:15-cv-05475-EMC Document 20 Filed 10/28/16 Page 1 of 3

1
2
3
4
5
6
7
8

Robert B. Jobe (Cal. State Bar #133089)
LAW OFFICE OF ROBERT B. JOBE
Anna L. Benvenue (Cal. State Bar #261436)
Director, Appellate Writing Group
550 Kearny Street, Ste. 200
San Francisco, CA 94108
Tel [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff.

9
10

UNITED STATES DISTRICT COURT

11
12

NORTHERN DISTRICT OF CALIFORNIA

13

SAN FRANCISCO DIVISION

14
15
16

KHALIL JANJUA,
Plaintiff,

17

JOINT STIPULATION TO SET
DISPOSITIVE MOTIONS DEADLINE

18
19

Case No.: 3:15-cv-05475

vs.

20
21

DONALD NEUFELD, ET. AL.

22
23

Defendants

Judge: Hon. Edward M. Chen
Case Management Conference: Nov. 10, 2016
Time: 9:30 a.m.

24
25
26
27

In this immigration case Plaintiff Khalil Janjua (“Janjua”) filed an amended complaint on

28

August 4, 2016 challenging – under the Administrative Procedure Act (“APA”) – the United

29

States and Immigration Services’ denial of his application to adjust his immigration status to that

30

of a lawful permanent resident. Defendants filed their answer to Janjua’s amended complaint on

31

Joint Stipulation to Set Disposition Motions Deadline
Case No.: 3:15-cv-05475

32

Case 3:15-cv-05475-EMC Document 20 Filed 10/28/16 Page 2 of 3

1

August 16, 2016. The parties agree that discovery is inappropriate because judicial review in

2

cases brought under the APA is limited to “the whole record or those parts of it cited by a party.”

3

5 U.S.C. § 706; see also Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402 (1971).

4
5

Janjua intends to move for summary judgment, and the parties stipulate to January 20,

6

2017 as the deadline for that motion. The parties next stipulate to February 20, 2017 as the

7

deadline for Defendants’ opposition to Janjua’s summary judgement motion and cross-motion

8

for summary judgment, should Defendants choose to file one. The parties further stipulate that

9

Janjua’s reply to Defendants’ opposition and opposition to Defendants’ cross-motion, should

10
11

they file one, is March 22, 2017. Finally, the parties stipulate that if Defendants file a cross-

12

motion on February 20, 2017, their reply to Plaintiff’s opposition to that motion would be due

13

April 21, 2017.

14
15
16
17

The parties respectfully suggest that, in light of their agreement on the above matters, the
Court should vacate the case management conference now scheduled for Thursday November
10, 2016 at 9:30 a.m., and instead issue a case management order consistent with this Report.

18
19

Dated: October 28, 2016

Respectfully submitted,

/s/ Robert B. Jobe
ROBERT B. JOBE
The Law Office of Robert B. Jobe
ANNA BENVENUE
Director, Appellate Writing Group
550 Kearny Street, Suite 200
San Francisco, California 94108
Tel: [phone]
Fax: [phone]
Email: [e-mail]

BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General

20
21
22
23
24
25
26
27
28
29

Attorneys for Petitioner

30
31
32

Joint Stipulation to Set Disposition Motions Deadline
Case No.: 3:15-cv-05475

WILLIAM C. PEACHEY
Director, District Court Section
ELIZABETH J. STEVENS
Assistant Director, District Court Section
/s/ Gladys M. Steffens Guzman
GLADYS M. STEFFENS GUZMAN
Trial Attorney
United States Department of Justice
Civil Division

Case 3:15-cv-05475-EMC Document 20 Filed 10/28/16 Page 3 of 3

1

Office of Immigration Litigation
District Court Division
P.O. Box 868, Ben Franklin Station
Washington, DC 20044-0868
Tel: [phone]
Fax: [phone]
Email: [e-mail]

2
3
4
5
6

Attorneys for Defendants

7
8
9

IT IS SO ORDERED that the hearing on
motions for summary judgment is set for
May 11, 2017 at 1:30 p.m.

10

The November 10,

2016 CMC is reset to May 11, 2017 at 1:30 p.m.

11

A joint CMC statement shall be filed by

12

May 4, 2017.

S
18

RT

19

21

R NIA

dwa
Judge E

ER

A

H

20

hen

rd M. C

NO

17

FO

16

D
RDERE
IS SO O FIED
IT
DI
AS MO

LI

15

UNIT
ED

14

RT
U
O

13

S DISTRICT
TE
C
TA

N

F
D IS T IC T O
R

C

22
23
24
25
26
27
28
29
30
31
32

Joint Stipulation to Set Disposition Motions Deadline
Case No.: 3:15-cv-05475