Escalante v. Chertoff

Filing 17

STIPULATION AND ORDER TO VACATE CASE MANAGEMENT CONFERENCE re 16 Stipulation filed by Michael Chertoff. Signed by Judge Phyllis J. Hamilton on 9/9/08. (nah, COURT STAFF) (Filed on 9/9/2008)

1 J OSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney 2 J OANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division ILA C. DEISS, NY SBN 3052909 4 Assistant United States Attorney 5 6 7 Attorneys for Defendant 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 MARCO ESCALANTE, 13 14 v. Plaintiff, ) No. C 08-2242 PJH ) ) ) STIPULATION TO VACATE DATE; ) and [PROPOSED] ORDER ) ) ) ) ) ) 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] FAX: [phone]

15 MICHAEL CHERTOFF, Secretary of Homeland Security, 16 D ef en d a n t . 17 18

Plaintiff, by and through his attorney of record, and Defendants, by and through their attorneys

19 of record, hereby stipulate, subject to the approval of the Court, to the following: 20 21 1. Plaintiff filed this action on or about April 30, 2008. 2. On August 27, 2008, Defendant filed a motion to dismiss the Complaint, noticing a hearing

22 date of October 29, 2008. 23 3. The parties are currently scheduled to appear for a case management conference on

24 September 25, 2008, with a joint case management statement due seven days prior. 25 4. The parties hereby respectfully ask this Court to vacate the initial case management

26 conference and to reset it, if necessary, to a date after the Court has had a chance to decide 27 /// 28 /// Second Stipulation to Extend Time C08-2242 PJH 1

1 Defendant's motion to dismiss. 2 Date: September 5, 2008 3 4 5 6 7 8 9 Date: September 5, 2008 10 11 O RD ER 12 13 14 Date: 9/9/08 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Ila Deiss, hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document. Second Stipulation to Extend Time C08-2242 PJH
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Respectfully submitted, J OSEPH P. RUSSONIELLO United States Attorney /s/ ILA C. DEISS1 Assistant United States Attorney Attorneys for Defendant

/s/ J ONATHAN KAUFMAN Attorney for Plaintiff

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Pursuant to stipulation, IT IS SO ORDERED.

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