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

Filing 37

STIPULATION AND ORDER STAYING THE CURRENT BRIEFING SCHEDULE AND ENLARGING THE TIME FOR THE PARTIES TO ENGAGE IN SETTLEMENT NEGOTIATIONS re 36 STIPULATED REQUEST for an Order Staying the Current Briefing Schedule and Enlarging the Time For the Parties to Engage In Settlement Negotiations filed by United States Immigration & Customs Enforcement. Signed by Judge Phyllis J. Hamilton on 5/26/09. (nah, COURT STAFF) (Filed on 5/26/2009)

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TONY WEST 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 STAYING THE CURRENT BRIEFING SCHEDULE AND ENLARGING THE TIME FOR THE PARTIES TO ENGAGE IN SETTLEMENT NEGOTIATIONS

Pursuant to Civil L.R. 6-2, the parties, through undersigned counsel, hereby stipulate to a stay of the current briefing schedule and an enlargement of time of 60 days for the parties to continue settlement negotiations. 1 As grounds for this stipulation, Defendant states as follows: 1. On April 20, 2009, the parties filed a stipulation seeking an enlargement of time of 30

days for the defendant to move for summary judgment in order to afford the parties the opportunity to engage in settlement discussions.

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Defendant's summary judgment motion is currently due on May 26, 2009.

5/21/09 Stip. Req. For Order Changing Time of Due Date of Def's Summ. Judg. Mot. 08-2744 (PJH) 1

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2. While the settlement negotiations have been progressing during this time, certain issues remain unresolved. 3. The parties seek additional time in order to resolve, if possible, any outstanding issues and to settle this matter amicably, without the need for further litigation. 4. Accordingly, the parties seek an additional 60 days to complete its settlement negotiations, and to report back to the Court at that time to inform the Court of the status of settlement. The parties therefore ask that the current summary judgment briefing schedule be stayed during this period to allow both sides to be fully engaged in settlement negotiations. The parties propose that they provide a joint report to the Court regarding the status of settlement negotiations by no later than July 31, 2009. 6. This stipulation is supported by the Declaration of Isaac Campbell, filed herewith. For the reasons set forth above, and in the Declaration of Isaac R. Campbell, the parties hereby move for an order granting a stay of the current briefing schedule, an enlargement of time of 60 days for the parties to continue settlement negotiations, and to provide a joint report to the Court on or before July 31, 2009. Dated: May 21, 2009 /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
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PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: May 26 , 2009

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ER 5/21/09 Stip. Req. For Order Changing Time of Due Date of Def's Summ. Judg. Mot. 08-2744 (PJH) C

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