Yeshiwas v. United States Citizenship and Immigration Services

Filing 43

ORDER Setting Aside Judgment, Reopening Case and Setting Briefing Schedule. Signed by Judge Phyllis J. Hamilton on 11/5/2013. (pjhlc3, COURT STAFF) (Filed on 11/5/2013) (Additional attachment(s) added on 11/5/2013: # 1 Certificate/Proof of Service) (nah, COURT STAFF).

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 ADERAW YESHIWAS, 5 Petitioner, 6 7 v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES, et al., No. C 12-1719 PJH ORDER SETTING ASIDE JUDGMENT, REOPENING CASE AND SETTING BRIEFING SCHEDULE 8 9 By letter dated October 30, 2013, petitioner Aderaw Yeshiwas informs the court that 11 For the Northern District of California United States District Court 10 Respondents. _______________________________/ his attorney, Daniel Richardson, passed away on October 12, 2013. Petitioner explains 12 that due to his attorney’s serious illness that led to his death, he was unable to file a 13 supplemental brief in opposition to the motion to dismiss as required by the order entered 14 September 19, 2013. Pursuant to petitioner’s request to reopen his case, and for good 15 cause shown, the court hereby vacates and sets aside the judgment entered October 22, 16 2013, and reopens this proceeding. 17 Whether petitioner obtains new counsel, or appears pro se, he must file a 18 supplemental brief in opposition to respondents’ motion to dismiss by January 6, 2014. As 19 required by the September 19, 2013 order, the supplemental opposition brief must address 20 whether the first amended petition for relief from the court’s order of naturalization satisfies 21 the procedural requirements of Federal Rule of Civil Procedure 60(b) and (c), and whether 22 the first amended petition is timely under the relevant statute of limitations. Respondents 23 may file a supplemental reply brief seven (7) days after the supplemental opposition brief is 24 filed. The motion to dismiss will be submitted on the papers and no further hearing will be 25 held on the matter unless deemed necessary by the court. 26 IT IS SO ORDERED. 27 Dated: November 5, 2013 28 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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