Ya Yun Wu v. Robin Barrett

Filing 11

ORDER re 10 Stipulation filed by Robin Barrett, United States Citizenship and Immigration Services. Signed by Magistrate Judge Maria-Elena James on 8/26/2016. (rmm2S, COURT STAFF) (Filed on 8/26/2016)

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
WILLIAM C. PEACHEY
Director
CHRISTOPHER W. DEMPSEY
Assistant Director
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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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) Case No. 3:16-cv-03774-MEJ
)
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Plaintiff,
)
)
v.
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UNITED STATES CITIZENSHIP AND ) STIPULATION
) CONCERNING CASE MANAGEMENT
IMMIGRATION SERVICES;
ROBIN BARRETT, SAN FRANCISCO )
)
FIELD OFFICE DIRECTOR, U.S.
)
CITIZENSHIP AND IMMIGRATION
)
SERVICES,
)
) Judge: Hon. Maria-Elena James
Defendants.
__________________________________ )
YA YUN WU,

Plaintiff and Defendants, by and through their respective attorneys of record, hereby
stipulate, subject to the approval of the Court, to the following:
STIPULATION
CONCERNING CASE MANAGEMENT

3:16-cv-03774-MEJ

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1. On July 6, 2016, Plaintiff filed a complaint, pursuant to 8 U.S.C. § 1421(c), seeking
a de novo determination by this Court of her eligibility to naturalize. ECF No. 2.
2. On July 7, 2016, the Clerk of Court issued for this case a “Procedural Order for

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Immigration Mandamus Cases.” ECF No. 4. The standard-form order provides an expedited

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schedule for the filing of motions for summary judgment, makes no allowance for discovery,

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and directs that no case management conference will be held, absent a request for a case

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management conference. Id.

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3. Plaintiff does not seek an order in the nature of a writ of mandamus, and has not
invoked the Mandamus Act, 28 U.S.C. § 1361.
4. The parties agree that in this case, brought pursuant to 8 U.S.C. § 1421(c), inter

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alia, in which Plaintiff seeks a de novo determination by this Court of her eligibility for

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naturalization and in which she bears the burden to demonstrate her eligibility to naturalize,

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pretrial discovery is appropriate, and a trial on the merits may be necessary.

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5. The parties, therefore, agree that this honorable Court should vacate the Procedural

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Order for Immigration Mandamus Cases, ECF No. 4, and schedule this case for a case

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management conference. In order to give the parties sufficient time in advance of the case

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management conference to confer and prepare a joint case management statement, the parties
September 29, 2016

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LAW OFFICE OF ROBERT JOBE

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/s/ Robert B. Jobe
ROBERT B. JOBE
550 Kearny Street, Suite 200
San Francisco, California 94208

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3:16-cv-03774-MEJ

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STIPULATION
CONCERNING CASE MANAGEMENT

IT IS

WILLIAM C. PEACHEY
Director, District Court Section
s
na Jame
aria-Ele
Judge M

RT

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BENJAMIN C. MIZER
D
Principal Deputy Assistant SO ORDERE
Attorney General

NO

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UNIT
ED

S

Dated: August 24, 2016

S DISTRICT
TE
C
Respectfully submitted,
TA

RT
U
O

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A joint Case Management Statement shall be due
September 22, 2016.

R NIA

IT IS SO STIPULATED.

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respectfully request the Court schedule the case management conference for October 11, 2016.

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N

D IS T IC T
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OF

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Tel: [phone]
Fax: [phone]
Email: [e-mail]

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CHRISTOPHER W. DEMPSEY
Assistant Director, District Court Section

Attorney for Plaintiff

/s/ Edward S. White
EDWARD S. WHITE
N.Y. State Bar Reg. # 2088979
Trial Attorney
District Court Section
Office of Immigration Litigation
Civil Division
United States Department of Justice
P.O. Box 868, Ben Franklin Station
Washington, DC 20044-0868
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Defendants
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FILER’S ATTESTATION
I, Edward S. White, attest that all other signatories listed, and on whose behalf this filing

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is submitted, concur in the content of this STIPULATION CONCERNING CASE

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MANAGEMENT, and have authorized the filing.

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Dated: August 24, 2016
Washington, D.C.

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/s/ Edward S. White
EDWARD S.WHITE
Trial Attorney

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STIPULATION
CONCERNING CASE MANAGEMENT

3:16-cv-03774-MEJ

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