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

Filing 47

STIPULATION AND ORDER re 46 Stipulation, filed by Lawyers' Committee For Civil Rights of the San Francisco Bay Area, American Civil Liberties Union of Northern California. Signed by Judge Phyllis J. Hamilton on 12/2/09. (nah, COURT STAFF) (Filed on 12/2/2009)

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KATHLEEN D. PATTERSON (CA SBN 124768) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: [phone] Facsimile: 415-773-5759 JULIA HARUMI MASS (CA SBN 189649) [e-mail] AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF NORTHERN CALIFORNIA 39 Drumm Street San Francisco, CA 94111 Telephone: [phone] Facsimile: 415-255-8437 Attorneys for Plaintiffs AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA and LAWYERS' COMMITTEE FOR CIVIL RIGHTS OF THE SAN FRANCISCO BAY AREA *Addit io nal counsel for plaintiffs listed on following page 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, Plaint iffs, v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, an agency of the Department of Homeland Security, Defendant.

PJH 08-2744 STIPULATION AND [PROPOSED] ORDER

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Addit io nal counsel: PHILIP HWANG (CA SBN 185070) [e-mail] LAWYERS' COMMITTEE FOR CIVIL RIGHTS OF THE SAN FRANCISCO BAY AREA 131 Steuart Street, Suite 400 San Francisco, CA 94105 Telephone: [phone] Facsimile: 415-543-0296 ROCKY TSAI (CA SBN 221452) [e-mail] RUTH KWON (CA SBN 232569) [e-mail] m ERIN REDING (CA SBN 252691) [e-mail] m MICHELLE LEUNG (CA SBN 252937) [e-mail] m ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: [phone] Facsimile: 415-773-5759 CECILLIA WANG (CA SBN 187782) [e-mail] AMERICAN CIVIL LIBERTIES UNION FOUNDATION IMMIGRANTS' RIGHTS PROJECT 39 Drumm Street San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone]

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JOINT STATUS REPORT PJH 08-2744

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Plaint iffs American Civil Liberties Union of Northern California and Lawyers' Committee for Civil Rights of the San Francisco Bay Area (collectively, "Plaintiffs") and Defendant U.S. Immigration and Customs Enforcement (hereafter, "Defendant"), by and through their undersigned counsel, hereby stipulate as follows: 1. WHEREAS, on October 15, 2009, this Court issued an order setting the schedule

for summary judgment briefing as follows: (a) (b) (c) (d) (e) 2. Defendant's Motion for Summary Judgment is due on December 2, 2009; Plaint iffs' Opposition/Cross-Motion is due on January 6, 2010; Defendant's Reply/Opposition is due on January 27, 2010; Plaint iffs' Reply is due on February 17, 2010; Summary Judgment Hearing is to be held on March 17, 2010;

WHEREAS, since October 15, 2009, the parties have been actively engaged in

settlement discussions and have exchanged a draft settlement agreement and proposed order whose terms are current ly being negotiated; 3. WHEREAS, both parties require additional time to finalize the terms of the draft

settlement agreement in this action. THEREFORE, for the convenience of all parties, the parties hereby STIPULATE AND JOINTLY REQUEST THAT THE COURT: (1) (2) Vacate the current summary judgment briefing schedule; Allow the parties an additional 60 days, until February 1, 2010, to continue their

settlement negotiations and finalize their proposed settlement agreement. // // // // // // //
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S T I P U L A T I O N A N D P R O P O S E D ORDER O F SETTLEMENT AND DISMISSAL PJH 08-2744

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Dated: November 23, 2009

/s/ Isaac R. Campbell JOHN R. TYLER ISAAC R. CAMPBELL

/s/ Kathleen D. Patterson KATHLEEN D. PATTERSON (CA SBN 124768) ROCKY TSAI (CA SBN 221452) RUTH KWON (CA SBN 232569) 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 Plaintiffs

United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW, Rm 6130 Washington, DC 20530 Tel: [phone] Fax: [phone] Attorneys for Defendant

I hereby attest that I have on file written permission to sign this joint status report from all parties whose signatures are indicated by a "conformed" signature (/s/) within this e-filed document. /s/ Kathleen D. Patterson

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1 2 3 4 5 6 7 8 9 IT IS SO ORDERED. December 2 Dated: November ____, 2009

ORDER Pursuant to stipulation, and good cause appearing therefore, IT IS HEREBY ORDERED that the parties' summary judgment briefing schedule is vacated, and the parties are granted an additional 60 days, until February 1, 2010, to continue their settlement negotiations and finalize their proposed settlement agreement.

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