Habeas Corpus Resource Center et al v. United States Department of Justice et al

Filing 64

ORDER by Judge Claudia Wilken Granting 63 Stipulation VOLUNTARILY DISMISS PLAINTIFFS' FIFTH CAUSE OF ACTION WITHOUT PREJUDICE AND ESTABLISH SUMMARY JUDGMENT BRIEFING SCHEDULE ON REMAINING CLAIMS (ndr, COURT STAFF) (Filed on 3/6/2014)

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GEORGE E. GREER (admitted pro hac vice)
[e-mail]
DARREN S. TESHIMA (STATE BAR NO. 238875)
[e-mail]
CATHERINE Y. LUI (STATE BAR NO. 239648)
[e-mail]
MARC R. SHAPIRO (admitted pro hac vice)
[e-mail]
SHANNON C. LEONG (STATE BAR NO. 268612)
[e-mail]

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ORRICK, HERRINGTON & SUTCLIFFE LLP
The Orrick Building
405 Howard Street
San Francisco California 94105-2669
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiffs
Habeas Corpus Resource Center and the Office of the
Federal Public Defender for the District of Arizona

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Habeas Corpus Resource Center and the Office
of the Federal Public Defender for the District
of Arizona,

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Plaintiffs,

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v.
United States Department of Justice and Eric
H. Holder, in his official capacity as United
States Attorney General,

Case No. 4:13-cv-4517
STIPULATION AND PROPOSED
ORDER TO VOLUNTARILY DISMISS
PLAINTIFFS’ FIFTH CLAIM
WITHOUT PREJUDICE AND
ESTABLISH SUMMARY JUDGMENT
BRIEFING SCHEDULE ON
REMAINING CLAIMS

Defendants.

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STIPULATION AND PROPOSED ORDER
CASE NO. 13-4517

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Plaintiffs Habeas Corpus Resource Center and the Office of the Federal Public Defender

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for the District of Arizona (collectively, “Plaintiffs”), and Defendants, the Department of Justice

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and Eric H. Holder, Jr., United States Attorney General (collectively, “Defendants”), by and

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through their counsel, have conferred and agreed to the following stipulation:

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1.

On January 21, 2013, Defendants filed a Motion to Dismiss Plaintiffs’ Fifth Cause

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of Action. After conferring on how to resolve this litigation as quickly and efficiently as possible,

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the parties have agreed that Plaintiffs will dismiss their Fifth Cause of Action without prejudice,

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Defendants will withdraw their motion to dismiss, and the parties will proceed with summary

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judgment briefing without discovery on Plaintiffs’ remaining causes of action.

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2.

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motions:

The parties further agree to the following briefing schedule for summary judgment

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

Plaintiffs’ motion for summary judgment will be due April 21, 2014;

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

Defendants’ opposition and cross-motion will be due May 21, 2014;

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

Plaintiffs’ reply and opposition will be due June 20, 2014;

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

Defendants’ reply will be due June 30, 2014; and

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

The hearing on the parties’ cross-motions will be July 31, 2014, or on a date

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convenient to the Court.
IT IS SO STIPULATED.

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Respectfully submitted,

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Dated: March 5, 2014

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GEORGE E. GREER
CATHERINE Y. LUI
DARREN S. TESHIMA
MARC R. SHAPIRO
SHANNON C. LEONG
Orrick, Herrington & Sutcliffe LLP

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By:

/s/ Catherine Y. Lui____
CATHERINE Y. LUI
Attorneys for Plaintiffs

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STIPULATION AND PROPOSED ORDER
CASE NO. 13-4517

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Dated: March 5, 2014

STUART F. DELERY
MELINDA HAAG
ANTHONY J. COPPOLINO
JACQUELINE COLEMAN SNEAD

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United States Department of Justice

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By:

/s/ Jacqueline Coleman Snead____
JACQUELINE COLEMAN SNEAD
Attorneys for Defendants

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STIPULATION AND PROPOSED ORDER
CASE NO. 13-4517

PROPOSED ORDER

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Pursuant to the stipulation, Plaintiffs’ Fifth Cause of Action is dismissed without

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prejudice; Defendants’ Motion to Dismiss Plaintiffs’ Fifth Cause of Action is withdrawn; and the

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parties shall file cross-motions for summary judgment in accordance with the following schedule:

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

Plaintiffs’ motion for summary judgment is due on or before April 21, 2014;

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

Defendants’ opposition and cross-motion is due on or before May 21, 2014;

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

Plaintiffs’ reply and opposition is due on or before June 20, 2014;

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

Defendants’ reply is due on or before June 30, 2014; and

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

The hearing on the parties’ cross-motions will be July 31, 2014 at 2:00 p.m., or on

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a date convenient to the Court.
IT IS SO ORDERED.

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3/6/2014
Date: ____________________

________________________________
Honorable Claudia Wilken
United States District Court Judge

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STIPULATION AND PROPOSED ORDER
CASE NO. 13-4517