City and County of San Francisco v. Sessions et al

Filing 35

STIPULATION AND ORDER re 34 STIPULATION AND [PROPOSED] ORDER filed by United States Department of Justice, Jefferson B. Sessions, III. Responses due by 10/25/2018. Replies due by 11/13/2018. Motion Hearing set for 12/6/2018 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on September 24, 2018. (wsn, COURT STAFF) (Filed on 9/24/2018)

1 JOSEPH H. HUNT
Assistant Attorney General
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LESLEY R. FARBY
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Assistant Branch Director
4 Civil Division
5 CESAR A. LOPEZ-MORALES
Trial Attorney
6 U.S. Department of Justice
Civil Division, Federal Programs Branch
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20 Massachusetts Ave. NW, Rm. 6126
8 Washington, DC 20530
Tel: [phone]
9 E-mail: [e-mail]
10 Attorneys for Defendants
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UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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CITY AND COUNTY OF SAN FRANCISCO,
Plaintiff,

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Case No. 3:18-cv-2068-JST

v.

STIPULATION AND
[PROPOSED] ORDER

JEFFERSON B. SESSIONS III,
Attorney General of the United States,
UNITED STATES DEPARTMENT OF JUSTICE,
DOES 1-100,
Defendants.

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WHEREAS, defendants filed and served a notice of motion to dismiss plaintiff’s original

23 complaint on June 18, 2018 (Dkt. 18);
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WHEREAS, by prior stipulation and order of this Court, plaintiff filed a First Amended

25 Complaint on July 30, 2018 (Dkt. 30);
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WHEREAS, the 119-paragraph amended complaint added new factual allegations and

27 challenges defendants’ rescission of eight guidance documents (Dkt. 30);
28 Stipulation and [Proposed] Order
CASE No. 3:18-cv-2068-JST
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WHEREAS, by prior stipulation and order of this Court, defendants’ current deadline to file a

2 response to the First Amended Complaint is September 27, 2018 (Dkt. 27);
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WHEREAS, defendants intend to file a new notice of motion to dismiss plaintiff’s First

4 Amended Complaint;
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WHEREAS, the parties require no more than 5 additional pages, thereby exceeding the 25-page

6 limit set by the local rules, to address the new allegations and guidance documents added to the First
7 Amended Complaint;
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WHEREAS, the parties anticipate that they will require additional time to file their respective

9 briefs in response to the motion to dismiss—specifically, plaintiff’s opposition to the motion and
10 defendants’ reply brief in support of the motion;
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NOW THEREFORE, the parties hereby stipulate that: (i) defendants shall file a notice of motion

12 to dismiss and an accompanying memorandum of law not to exceed 30 pages and that plaintiff shall file
13 an opposition not to exceed 30 pages; (ii) plaintiff shall file its opposition to defendants’ motion no later
14 than October 25, 2018; (iii) defendants shall file their reply brief in support of the motion no later than
15 November 13, 2018; and (iv) the motion hearing shall be set for November 29, 2018, subject to the
December 6, 2018
16 Court’s availability.
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Dated: September 20, 2018
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DENNIS J. HERRERA
City Attorney
JESSE C. SMITH
RONALD P. FLYNN
YVONNE R. MERÉ
MOLLIE M. LEE
KENNETH WALCZAK
NATALIE ORR
Deputy City Attorneys
By: /s/ Natalie Orr
NATALIE ORR
Deputy City Attorney
Attorneys for Plaintiff
CITY AND COUNTY OF
SAN FRANCISCO

JOSEPH H. HUNT
Assistant Attorney General
LESLEY R. FARBY
Assistant Branch Director
CESAR A. LOPEZ-MORALES
Trial Attorney

By: /s/ Cesar A. Lopez-Morales
CESAR A. LOPEZ MORALES
Trial Attorney
U.S. Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave. NW, Rm. 6216
Washington, DC 20530
Tel: [phone]

28 Stipulation and [Proposed] Order
CASE No. 3:18-cv-2068-JST
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Email: [e-mail]

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Attorneys for Defendants JEFFERSON B.
SESSIONS III and UNITED STATES
DEPARTMENT OF JUSTICE

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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September 24
Dated: ________________, 2018

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____________________________________
JON S. TIGAR
United States District Judge

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ATTESTATION OF SIGNATURES

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I, Cesar A. Lopez-Morales, hereby attest, pursuant to Local Civil Rule 5-1(i)(3) of the Northern
District of California, that concurrence in the filing of this document has been obtained from each
signatory hereto.

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/s/ Cesar A. Lopez-Morales
Cesar A. Lopez-Morales
Trial Attorney
Attorney for Defendants

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28 Stipulation and [Proposed] Order
CASE No. 3:18-cv-2068-JST
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