Sai v. Smith et al

Filing 245

STIPULATION AND ORDER re 244 STIPULATION WITH PROPOSED ORDER filed by Kirstjen Nielsen. Case Management Statement due by 4/17/2019. Further Case Management Conference set for 4/24/2019 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor. Signed by Judge Jon S. Tigar on February 28, 2019. (wsn, COURT STAFF) (Filed on 2/28/2019)

1 NAVI SINGH DHILLON (SBN 279537)
[e-mail]
2 BAKER BOTTS L.L.P.
101 California Street, Suite 3600
3 San Francisco, CA 94111
Telephone: [phone]
4 Facsimile: 415.291.6300
5 Attorneys for Plaintiff
SAI
6
DAVID L. ANDERSON (CABN 149604)
7 United States Attorney
SARA WINSLOW (DCBN 457643)
8 Chief, Civil Division
WENDY M. GARBERS (CABN 213208)
9 Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
FAX: [phone]
[e-mail]

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13 Attorneys for Defendant SECRETARY OF THE
DEPARTMENT OF HOMELAND 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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SAI,

)
)
Plaintiff,
)
)
v.
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)
COVENANT AVIATION SECURITY, LLC, et )
al.,
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Defendants.
)
)

No. 16-cv-01024 JST
STIPULATION AND [PROPOSED] ORDER RE
FURTHER STAY PENDING ADR
The Honorable Jon S. Tigar

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STIPULATION AND [PROPOSED] ORDER RE FURTHER STAY PENDING ADR
No. 16-cv-01024 JST

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Having met and conferred, the undersigned the parties to stipulate as follows:

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WHEREAS, following appointment of Pro Bono Counsel, Plaintiff dismissed from this case

3 individual defendants Champagne Ellison, Kristy Akens, John Aclado and Michael Snead. (ECF 232);
WHEREAS, this action has been stayed for all purposes other than ADR and the current stay

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5 expires on March 4, 2019 (ECF 241);
WHEREAS, on December 13, 2018, the parties participated in an all-day settlement conference

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7 with Magistrate Judge Sallie Kim;
WHEREAS, following the December 13, 2018 settlement conference, plaintiff and defendant

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9 Covenant Aviation Security, LLC (Covenant) reached a settlement agreement, that agreement has been
10 reduced to writing, and Plaintiff will dismiss Covenant from this action in the near future;
WHEREAS, Plaintiff and the government did not reach a settlement, but are engaged in

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12 potentially productive discussions with the assistance of Judge Kim and remain hopeful that an informal
13 resolution can be reached;
WHEREAS, the parties participated in further telephone conference with Judge Kim on February

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15 26, 2019, and agreed to continue their ADR efforts;
WHEREAS, the parties submit that it would conserve resources to permit those ADR efforts to

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17 go forward and that an addition five-week stay would facilitate settlement discussions;
WHEREAS, the parties are scheduled to have another ADR call with Judge Kim on March 26,

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19 2019, at 9:00 a.m.
WHEREAS, a further case management conference is currently scheduled herein for March 13,

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21 2019;
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WHEREFORE, Plaintiff Sai and Defendant Secretary of the Department of Homeland Security

23 jointly and respectfully ask that:
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1. The stay previously entered in this matter continue five more weeks, until April 8, 2019, in order

25 to facilitate settlement discussions; and
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2. The further case management conference be continued until after April 8, 2019. (Counsel for

27 Defendant requests that it not be set the week of April 15, as she will be on vacation with her family.)
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STIPULATION AND [PROPOSED] ORDER RE FURTHER STAY PENDING ADR
No. 16-cv-01024 JST

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1 DATED: February 27, 2019

Respectfully submitted,

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DAVID L. ANDERSON
United States Attorney

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

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7 DATED: February 27, 2019

BAKER BOTTS LLP

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/s/ Navi Singh Dhillon *
NAVI SINGH DHILLON
Attorneys for Plaintiff SAI

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11 *In compliance with Civil Local Rule 5-1(i)(3), the filer of this document attests under penalty of
12 perjury that all signatories have concurred in the filing of this document.
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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, it is hereby ordered that the stay previously entered in this

17 matter continue until April 8, 2019. The March 13, 2019 CMC herein is hereby continued until

April 17
18 ____________________, 2019 at 2:00, with statements due on ________________, 2019.
April 24
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20 Dated:

February 28, 2019

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HONORABLE JON S. TIGAR
United States District Judge

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STIPULATION AND [PROPOSED] ORDER RE FURTHER STAY PENDING ADR
No. 16-cv-01024 JST

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