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

Filing 35

STIPULATION AND ORDER ENLARGING THE TIME FOR DEFENDANT TO MOVE FOR SUMMARY JUDGMENT re 34 Stipulation, filed by United States Immigration & Customs Enforcement. Signed by Judge Phyllis J. Hamilton on 4/21/09. (nah, COURT STAFF) (Filed on 4/21/2009)

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MICHAEL F. HERTZ 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 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 Tuesday, May 26, 2009, for Defendant to move for summary judgment. 1 As grounds for this stipulation, Defendant states as follows: 1. On February 17, 2009, Defendant provided a supplemental production of

approximately 980 documents to Plaintiff's counsel.

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Defendant's summary judgment motion is currently due on April 24, 2009.

4/20/09 Stip. Req. For Order Changing Time of Due Date of Def's Summ. Judg. Mot. 08-2744 (PJH) 1

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2. Based on the Plaintiff's desire for additional time to review the supplemental production and assess the need for further litigation, on February 26, 2009, Plaintiff filed a stipulation requesting additional time for Defendant to move for summary judgment. 3. On March 17, 2009, in a "meet-and-confer" letter, Plaintiff's counsel indicated that Plaintiff had completed their review of Defendant's supplemental production and requested that Defendant conduct a second supplemental search and production of documents. 4. Defendant has considered Plaintiff's request and after telephonic consultation by counsel for the parties, the parties are entering into settlement discussions. 5. In order to continue and complete settlement negotiations, the parties seek an enlargement of 30 days for Defendant to begin the opening round of summary judgment briefing. Defendant's summary judgment brief is currently due on April 24, 2009; the parties stipulate and request that Defendant summary judgment be due on May 26, 2009. 6. This stipulation is supported by the Declaration of Isaac Campbell, filed herewith. 7. 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 Tuesday, May 26, 2009 Plaintiff's Opposition/Cross-Motion ­ due on Tuesday, June 16, 2009 Defendant's Reply/Opposition ­ due on Tuesday, June 30, 2009 Plaintiff's Reply ­ due on Tuesday, July 7, 2009 Summary Judgment Hearing ­ Wednesday, August 12, 2009 For the reasons set forth above, and in the Declaration of Isaac R. Campbell, the parties hereby move for an order granting Defendant until Friday, May 26, 2009, to move for summary judgment and further adjusting the briefing schedule as agreed to by the parties. Dated: April 20, 2009 /s/ Isaac R. Campbell JOHN R. TYLER ISAAC R. CAMPBELL United States Department of Justice Civil Division, Federal Programs Branch /s/ Rocky Tsai KATHLEEN D. PATTERSON (CA SBN 124768) ROCKY TSAI (CA SBN 221452) RUTH KWON (CA SBN 232569) MARIKO MIKI (CA SBN 244920)

4/20/09 Stip. Req. For Order Changing Time of Due Date of Def's Summ. Judg. Mot. 08-2744 (PJH) 2

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20 Massachusetts Avenue, NW, Rm 6130 Washington, DC 20530 Tel: [phone] Fax: [phone]

Attorneys for Defendants

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

PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: April 21 , 2009

Honorable Phyllis J. Hamilton

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