Kim v. Kelly et al

Filing 20

STIPULATION AND MODIFIED ORDER TO CONTINUE HEARING AND EXTEND TIME OF BRIEFING FOR MOTION TO DISMISS. Set/Reset Deadlines as to 14 MOTION to Dismiss for Lack of Jurisdiction. Responses due by 4/5/2018. Replies due by 4/12/2018. Motion Hearing set for 4/26/2018, at 09:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Signed by Judge Laurel Beeler on 12/28/2017. (tmiS, COURT STAFF) (Filed on 12/28/2017)

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Alex C. Park [SBN 197781]
LAW OFFICES OF ALEX C. PARK
4675 Stevens Creek Blvd., Suite 100
Santa Clara, CA 95051
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]

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Attorney for Petitioner

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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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JIN SANG KIM;

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Petitioner,

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vs.

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JOHN F. KELLY, Secretary of
Department of Homeland Security;
JAMES MCCAMENT, Director of
U.S. Citizenship and Immigration
Services; and DOES 1 through 20,
inclusive.
Respondents.

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SECOND STIPULATION TO EXTEND TIME
Case No. 3:17-cv-02248-LB

Case No. 3:17-cv-02248-LB
SECOND STIPULATION TO
CONTINUE HEARING AND
EXTEND TIME OF BRIEFING FOR
MOTION TO DISMISS;
[PROPOSED] ORDER
IT'S SO ORDERED AS MODIFIED
Immigration Case

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Petitioner, by and through the attorney of record, and Respondents, by

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and through their attorney of record, hereby stipulate, subject to the approval of the

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Court, to the following:

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1. Petitioner filed this action on April 23, 2017, and served the Petition
on or about June 28, 2017.
2. Respondent filed a Motion to Dismiss for Lack of Jurisdiction filed on
August 28, 2017.
3. The Opposition to Motion to Dismiss for Lack of Jurisdiction was
extended to be due to be filed by Petitioner on December 11, 2017.
The current calendared hearing date for this motion is scheduled for
January 4, 2018.

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4. The parties believe that additional time for filing an opposition may

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facilitate resolution without the need for judicial intervention in this

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case. Both parties have indicated a willingness to work together to try

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to resolve this matter administratively, and agree that resolution will

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require some additional time.

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5. This is the parties’ second request for an extension of time, and the

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extension of time would affect no other deadlines in the case and is

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not for the purpose of undue delay.

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6. The parties therefore request a continuance of the hearing date to
9:30
April 26, 2018 at 9:00 a.m. with extension of time for filing the
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Opposition to Motion to Dismiss for Lack of Jurisdiction to 15 days
prior to the new continued hearing date and with extension of time for
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filing the Reply to the Opposition to 10 days prior to the new
continued hearing date in this action.

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SECOND STIPULATION TO EXTEND TIME
Case No. 3:17-cv-02248-LB

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Dated: December 27, 2017

Respectfully submitted,

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LAW OFFICES OF ALEX C. PARK

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/s/ Alex C. Park
Alex C. Park, Attorney for Petitioner

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SECOND STIPULATION TO EXTEND TIME
Case No. 3:17-cv-02248-LB

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Dated: December 27, 2017

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CHAD A. READLER
Acting Assistant Attorney General
Civil Division
WILLIAM C. PEACHEY
Director, Office of Immigration Litigation
District Court Section

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JEFFREY S. ROBINS
Assistant Director

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/s/ UBAID ul-Haq
UBAID ul-HAQ
Trial Attorney
Fla. Bar. No. 87397
U.S. Dept. of Justice, Civil Division
Office of Immigration Litigation
District Court Section
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Respondents

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SECOND STIPULATION TO EXTEND TIME
Case No. 3:17-cv-02248-LB

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ORDER

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Pursuant to stipulation, IT IS ORDERED.AS MODIFIED.

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12/28/2017
Date: __________________

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_________________________
United States Magistrate Judge

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SECOND STIPULATION TO EXTEND TIME
Case No. 3:17-cv-02248-LB