Meltonyan v. Jennings et al

Filing 12

ORDER granting 9 STIPULATION re 3 Ex Parte MOTION for Temporary Restraining Order. All previously set deadlines and the hearing set for 6/13/2017 at 4:00 p.m. are VACATED. All proceedings are stayed, with the exception that parties shall file a joint case management statement by 6/20/2017 advising as to the status of the case. A Case Management Conference is set for 6/27/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 06/13/2017. (jmdS, COURT STAFF) (Filed on 6/13/2017)

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1 BRIAN J. STRETCH (CABN 163973) United States Attorney 2 SARA WINSLOW (DCBN 457643) Chief, Civil Division 3 DAVID A. PEREDA (CABN 237982) Assistant United States Attorney 4 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 5 Telephone: (415) 436-7298 Facsimile: (415) 436-6748 6 Email: David.Pereda@usdoj.gov 7 8 Attorney for Federal Defendants DAVID JENNINGS, et al. 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 KAREN MELTONYAN, 14 15 16 17 18 19 Plaintiff, v. DAVID JENNINGS, in his Official Capacity, Sn Francisco Field Office Director, Enforcement and Customs Enforcement, et al., Defendants. 20 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. C17-03361 WHO STIPULATION AND ORDER 21 22 23 24 25 26 27 28 1 STIPULATION AND ORDER C17-03361 WHO 30 Pursuant to Civil L.R. 7-12, the parties hereby stipulate as follows: 1 2 3 Procedural History 4 1. On July 9, 2017, Plaintiff Karen Meltonyan filed the Complaint for Declaratory and 5 Injunction relief in this action. ECF No. 1. On the same day, Mr. Meltonyan filed a Motion for 6 Temporary Restraining Order and Preliminary Injunction (“TRO application”). ECF No. 3. In that 7 motion, Mr. Meltonyan sought to stay the removal of Mr. Meltonyan’s spouse, Sona Stepanyan. 2. 8 On June 12, 2017, the Court set a briefing schedule and hearing date for the TRO 9 application. ECF No. 8. The government’s response is due by noon on July 13, 2017, and the hearing is 10 set for 4:00 p.m. on the same day. 3. 11 Meanwhile, the parties have been meeting and conferring on the case. With those efforts, 12 the parties are working towards a final resolution of the case. 13 14 Stay of Proceedings 15 4. Given the anticipated resolution of this case, the parties agree to stay all further 16 proceedings. During the stay, no opposition to the TRO application or response to the complaint shall 17 be due. 18 5. Accordingly, the parties also agree to vacate the briefing schedule and hearing date on 19 Mr. Meltonyan’s TRO application. The parties hope to be able to update the Court by June 26, 2017. 20 21 DATED: June 12, 2017 Respectfully submitted, 22 BRIAN J. STRETCH United States Attorney 23 /s/ David Pereda DAVID PEREDA Assistant United States Attorney Attorneys for Defendants 24 25 26 27 28 STIPULATION AND ORDER C17-03361 WHO 30 1 1 DATED: June 12, 2017 VAN DER HOUT, et al. 2 /s/ Zachary Nightingale ZACH NIGHTINGALE Attorney for Plaintiffs 3 4 *In compliance with Civil Local Rule 5-1(i)(3), the filer of this document attests under penalty of 5 perjury that each signatory has concurred in the filing of this document. 6 7 8 9 ORDER Pursuant to the parties’ stipulation, the Court vacates the briefing schedule and hearing date that 10 it previously set forth in its Order at ECF No. 8. Further, the Court stays all proceedings pending the 11 resolution of this case. During the stay, no response is due to either Plaintiff’s Motion for Temporary 12 Restraining Order and Preliminary Injunction (at ECF No. 3) or to Plaintiff’s Complaint (at ECF No. 1). 13 14 15 IT IS SO ORDERED. 16 17 Dated: June 13, 2017 18 19 THE HONORABLE WILLIAM H. ORRICK 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER C17-03361 WHO 30 2

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