Friderici v. Napolitano et al

Filing 19

STIPULATION AND ORDER re 18 MOTION Request to be Exempt from Formal ADR Process; filed by Robin Barrett, Rosemary Melville, Eric H. Holder, Jr., Janet Napolitano. Signed by Judge ARMSTRONG on 5/27/10. (lrc, COURT STAFF) (Filed on 5/27/2010)

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1 2 3 4 5 6 7 8 9 Attorneys for the United States 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 TATIANA FRIDERICI 13 14 15 16 17 18 19 20 21 Each of the undersigned certifies that he or she has read either the handbook entitled 22 "Dispute Resolution Procedures in the Northern District of California," or the specified portions 23 of the ADR Unit's Internet site <www.adr.cand.uscourts.gov>, discussed the available dispute 24 resolution options provided by the court and private entities, and considered whether this case 25 might benefit from any of them. 26 Here, the parties agree that referral to a formal ADR process will not be beneficial 27 28
JOINT REQUEST TO BE EXEMPT FROM ADR Case No. C 09-cv-04710

TONY WEST Assistant Attorney General Civil Division JOSHUA E.T. BRAUNSTEIN Assistant Director LANA L. VAHAB (DC 497145) Trial Attorney Office of Immigration Litigation Civil Division, Justice Department P.O. Box 878, Ben Franklin Station Washington, D.C. 20044 Tel: [phone] Fax: [phone] E-mail: [e-mail]

) ) ) Plaintiff, ) ) vs. ) ) ) JANET NAPOLITANO; ROSEMARY ) MELVILLE; ROBIN BARRETT; and ) ERIC H. HOLDER, Jr. ) ) ) ) Defendants. ) ____________________________________)

Case No. C 4:09-CV-04170-SBA PARTIES JOINT REQUEST TO BE EXEMPT FROM FORMAL XXXXXXXX ADR PROCESS; AND [PROPOSED] ORDER

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because this action is brought under the Administrative Record Act and therefore the resolution of this matter will be based on the administrative record. In this action, Plaintiff asks the Court to reverse the revocation of her husband's marriage-based visa. As such, given the nature of the action and the lack of any potential middle ground, ADR will only serve to multiply the proceedings and unncessarily use court resources. Accordingly, pursuant to ADR L.R. 3-3(c), the parties request the case be removed from the ADR Multi-Option Program and that they be excused from participating in the ADR phone conference and any further formal ADR process. If any party subsequently determines that submission to the formal ADR process would be beneficial to the efficient resolution of this matter, the parties agree to consider whether to submit to the Court's ADR program at that time.

Dated: May 20, 2010

Respectfully submitted /s/ Lana L. Vahab Trial Attorney Office of Immigration Litigation Civil Division, Justice Department P.O. Box 868, Ben Franklin Station Washington, D.C. 20044 Tel: [phone] Fax: [phone] E-mail: [e-mail] /s/ Teresa Salazar-Cosmos Immigration Practice Group 555 Clay Street San Francisco, CA 94111 Tel: [phone] Fax: [phone] E-mail: [e-mail]

JOINT REQUEST TO BE EXEMPT FROM ADR Case No. C 09-cv-04710

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JOINT REQUEST TO BE EXEMPT FROM ADR Case No. C 09-cv-04710

ORDER Pursuant to stipulation and to ADR L. R. 3-3(c), the parties are hereby removed from the ADR Multi-Option Program and are excused from participating in the ADR phone conference and any further formal ADR process. Should any party subsequently determine that submission to the formal ADR process would be beneficial to the efficient resolution of this matter, that party may request placement in one of the Court's ADR programs at that time. SO ORDERED. Dated: 5/7/10 ________________________ Saundra B. Armstrong United States Magistrate Judge

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