American Civil Liberties Union of Northern California et al v. United States Immigration & Customs Enforcement

Filing 27

AMENDED STIPULATION AND ORDER re 26 Order on Motion for Extension of Time to File. Motions for Summary Judgment Hearing set for 3/18/2009 09:00 AM. Signed by Judge Phyllis J. Hamilton on 10/31/08. (nah, COURT STAFF) (Filed on 10/31/2008)

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GREGORY G. KATSAS Acting Assistant Attorney General JOHN R. TYLER ISAAC R. CAMPBELL United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW, Room 6130 Washington, D.C. 20530 Tel: [phone] Fax: [phone] [e-mail] Attorneys for Defendant Department of Homeland Security UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA and LAWYERS COMMITTEE FOR CIVIL RIGHTS OF THE SAN FRANCISCO BAY AREA, Plaintiff, v. DEPARTMENT OF HOMELAND SECURITY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

PJH 08-2744 AMENDED STIPULATED REQUEST FOR AN ORDER ENLARGING THE TIME FOR DEFENDANT TO MOVE FOR SUMMARY JUDGMENT

Pursuant to Civil L.R. 6-2, the parties, through undersigned counsel, hereby stipulate to an enlargement of time, up to and including Monday, December 15, 2008, for Defendant to move for summary judgment. 1 Counsel for Plaintiff has stipulated to this extension request. As grounds for this stipulation, Defendant states as follows: 1. On September 19, 2008, the parties participated in a joint case management

conference in which, inter alia, the Court ordered the parties to continue their attempts to settle this matter, if possible.

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Defendant's summary judgment motion is currently due on October 29, 2008.

Stipulated Request For Order Changing Time of Due Date of Def's Summ. Judg. Mot. 08-2744 (PJH) 1

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2. After the joint case management conference, counsel for the parties met and attempted to narrow the scope of this dispute. 3. Pursuant to those discussions, Defendant has broadened the parameters of one of its searches in an attempt to locate information responsive to plaintiffs' FOIA request. Defendant is also reviewing a responsive document to make a determination regarding segregable material. 4. Defendant seeks additional time to complete the aforementioned actions and to process any additional information, if necessary. 5. The Immigration and Customs Enforcement ("ICE") headquarters is in the midst of a 6week move to a new location. The move is causing some disruption in the daily work of ICE, further exacerbating the need for an extension of time. 6. This stipulation is supported by the Declaration of Catrina Pavlik-Keenan, ICE FOIA Officer, filed herewith. The parties have not sought any other extensions of time in this case. 7. As additional time for the Agency to complete its search and review, and if necessary, to process any responsive material may result in the settlement of this matter without the need for further litigation, Plaintiff is not prejudiced by this extension request. In fact, Plaintiff has stipulated to this request. 8. An extension of the due date for Defendant's motion for summary judgment would require the current briefing schedule to be altered. The parties propose the following modified schedule: Defendant's Motion for Summary Judgment ­ due on Monday, December 15, 2008 Plaintiff's Opposition/Cross-Motion ­ due on Tuesday, January 20, 2009 (allowing Plaintiff an additional week because of the holiday season) Defendant's Reply/Opposition ­ due on Tuesday, February 3, 2009 Plaintiff's Reply ­ due on Tuesday, February 10, 2009 Wednesday, March 18, 2009. Summary Judgment Hearing ­ Tuesday, March 17, 2009 For the reasons set forth above, and in the Declaration of Catrina Pavlik-Keenan, ICE FOIA

Stipulated Request For Order Changing Time of Due Date of Def's Summ. Judg. Mot. 08-2744 (PJH) 2

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Officer, the parties hereby move for an order granting Defendant until Monday, December 15, 2008, to move for summary judgment and further adjusting the briefing schedule as agreed to by the parties.

Dated: October 28, 2008 /s/ Isaac R. Campbell JOHN R. TYLER ISAAC R. CAMPBELL United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW, Rm 6130 Washington, DC 20530 Tel: [phone] Fax: [phone] /s/ Rocky Tsai KATHLEEN D. PATTERSON (CA SBN 124768) ROCKY TSAI (CA SBN 221452) RUTH KWON (CA SBN 232569) MARIKO MIKI (CA SBN 244920) ERIN REDING (CA SBN 252691) MICHELLE LEUNG (CA SBN 252937) ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Tel: [phone] Fax: [phone] Attorneys for Plaintiff ORDER

Attorneys for Defendants

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S DISTRICT TE C PURSUANT TO STIPULATION, IT IS SO ORDERED. TA

Honorable Phyllis J. Hamilton
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Stipulated Request For Order Changing Time of Due Date of Def's Summ. Judg. Mot. 08-2744 (PJH) 3

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DATED: October 31

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