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

Filing 51

ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 50 Joint Case Management Statement, filed by United States Immigration & Customs Enforcement Case Management Conference set for 4/15/2010 02:00 PM. Signed by Judge Phyllis J. Hamilton on 3/8/10. (nah, COURT STAFF) (Filed on 3/8/2010)

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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 JOINT SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND PROPOSED ORDER

Pursuant to Civil L.R. 16-10(d), the parties to the above-entitled action certify that they met and conferred at least 10 days prior to the subsequent case management conference scheduled in this case and jointly submit this Supplemental Case Management Statement. The parties jointly submit the attached Proposed Order and request the Court to adopt it as a Supplemental Case Management Order in this case. DESCRIPTION OF SUBSEQUENT CASE DEVELOPMENTS 1. The following progress or changes have occurred since the last case management statement filed by the parties:

3/4/10 Supplemental Case Management Statement. 08-2744 (PJH) 1

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a)

On September 18, 2008, both parties attended a case management conference where this Court ordered the parties to continue settlement efforts;

b)

Since September 18, 2008, both parties have been actively engaged in settlement negotiations and have exchanged multiple drafts of a settlement agreement;

c)

Today, counsel for the parties have reached agreement regarding the language of the settlement agreement, pending the review and approval by the upper management of the agency, the Department of Justice, and Plaintiffs.

Accordingly, Defendant requests an additional 30 days to seek the requisite approval of the

settlement agreement and to engage in any subsequent discussions, if necessary. In light of Defendant's aforementioned request, Defendant also seeks to vacate the status conference scheduled for March 11, 2010. A proposed order is attached hereto. 3. Plaintiffs agree to join Defendant's request for a continuance of the case management conference. In the event that a continuance is granted and the parties are unable to reach a final agreement by April 12, 2010, Plaintiff may separately request that this Court, pursuant to ADR Local Rule 7-2, refer the case to a settlement conference to be conducted by a Magistrate Judge. Dated: March 4, 2010 /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) 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

Attorneys for Defendants /// /// /// /// ///

3/4/10 Supplemental Case Management Statement. 08-2744 (PJH) 2

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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/ Isaac R. Campbell [JOINT PROPOSED] SUPPLEMENTAL CASE MANAGEMENT ORDER The Supplemental Case Management Statement and Proposed Order is hereby adopted by the Court as a Supplemental Case Management Order for the case and the parties are ordered to comply with this Order. In addition, the Court orders as follows: For good cause appearing therefore, IT IS HEREBY ORDERED that the status conference, currently scheduled for March 11, 2010 is vacated, and the parties are granted an additional 30 days, until April 12, 2010, to seek the requisite approvals and to finalize their proposed settlement agreement. The case management conference is continued to April 15, 2010 at 2:00 p.m. IT IS SO ORDERED. 8 Dated: March ____, 2010

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