Lawyers' Committee For Civil Rights of the San Francisco Bay Area et al v. Executive Office for Immigration Review et al

Filing 17

STIPULATION AND ORDER re 16 STIPULATION WITH PROPOSED ORDER Joint Request for Relief from Automatic Referral to ADR; Request to Reset Dates filed by Lawyers' Committee For Civil Rights of the San Francisco Bay Area, United St ates Department of Justice, Community Legal Services in East Palo Alto, Center for Gender & Refugee Studies, Executive Office for Immigration Review, American Immigration Lawyers Association Case Management Statement due by 10/18/2016. Initial Case Management Conference set for 10/25/2016 01:30 PM in Courtroom 4, 3rd Floor, Oakland. Responsive pleading due 08/26/16. Signed by Magistrate Judge Kandis A. Westmore on 7/20/16. (sisS, COURT STAFF) (Filed on 7/20/2016)

1 BRIAN STRETCH (CABN 163973)
United States Attorney
2 SARA WINSLOW (DCBN 457643)
Chief, Civil Division
3 KIMBERLY FRIDAY (MABN 660544)
Deputy Chief, Civil Division
4 Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
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Telephone: [phone]
FAX: [phone]
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[e-mail]
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Attorneys for Defendants
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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LAWYERS’ COMMITTEE FOR CIVIL
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RIGHTS OF THE SAN FRANCISCO BAY
AREA; CENTER FOR GENDER & REFUGEE)
STUDIES; COMMUNITY LEGAL SERVICES)
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IN EAST PALO ALTO; AMERICAN
IMMIGRATION LAWYERS ASSOCIATION, )
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Plaintiffs,
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v.
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EXECUTIVE OFFICE FOR IMMIGRATION )
REVIEW; UNITED STATES DEPARTMENT )
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OF JUSTICE,
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Defendants.
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CIVIL ACTION NO. 16-CV-0544 KAW
JOINT REQUEST FOR RELIEF FROM
AUTOMATIC REFERRAL TO ADR MULTIOPTION PROGRAM; STIPULATION TO
RESET DATES FOR ANSWER AND CASE
MANAGEMENT CONFERENCE; [PROPOSED]
ORDER

CMC Date: August 2, 2016, 1:30 p.m.
1301 Clay Street
Oakland, CA 94612

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The parties, through their undersigned attorneys, have cooperatively worked towards settlement
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of this Freedom of Information Act action and anticipate that it can be resolved without the need for
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alternative dispute resolution. Defendants have made several productions of agency records and have
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only two requests for information that remain outstanding. Defendants are working diligently to
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complete their production of agency records in response to these requests, but the parties need additional
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time to complete the production and to ensure that the production is satisfactory to Plaintiffs.
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JOINT REQUEST FOR RELIEF FROM AUTOMATIC REFERRAL TO ADR MULTI-OPTION PROGRAM;
STIPULATION TO RESET DATES;[PROPOSED] ORDER
CV-16-0544-KAW
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1 Accordingly, the parties hereby stipulate and request (1) relief from the Court’s ADR program; (2) an
2 extension of the Government’s deadline to file a responsive pleading; and (3) a postponement of the
3 Case Management Conference currently scheduled for August 2, 2016 at 1:30 p.m. (Dkt. No. 11 at 2).
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Each of the undersigned certifies that he or she has read either the handbook entitled “Dispute

5 Resolution Procedures in the Northern District of California,” or the specified portions of the ADR
6 Internet site, www.cand.uscourts.gov/adr, discussed the available dispute resolution options provided by
7 the Court and private entities; and considered whether this case might benefit from any of the available
8 dispute resolution options.
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The parties agree that in this instance referral to a formal ADR process may unnecessarily

10 consume the Court’s time and resources because the parties are working towards settlement of this
11 action and anticipate resolving this matter without the need for further litigation. Accordingly, pursuant
12 to ADR L.R. 3-3(c), the parties hereby stipulate and jointly request that the case be removed from the
13 ADR Multi-Option Program and that they be excused from participating in the ADR phone conference
14 and any further formal ADR process. If any party subsequently determines that submission to the
15 formal ADR process would be beneficial to the efficient resolution of this matter, that party may request
16 placement in one of the Court’s ADR programs at that time.
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For the same reason, the parties also stipulate and agree pursuant to Civ. L.R. 6-2 and 7-2,

18 subject to approval by the Court, to postpone the August 2, 2016, Case Management Conference and the
19 deadline for Defendants to file an Answer. The Court has reset the Case Management Conference and
20 Answer dates on one occasion (Dkt. No. 11 at 2), and the parties have previously stipulated to an
21 additional one-month extension of the Defendants’ Answer date (Dkt. No. 13). Defendants’ Answer is
22 currently due by July 27, 2016; the parties propose an additional one-month extension to August 26,
23 2016. The parties propose postponing the Case Management Conference to a date in September or
24 October convenient to the Court.
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JOINT REQUEST FOR RELIEF FROM AUTOMATIC REFERRAL TO ADR MULTI-OPTION PROGRAM;
STIPULATION TO RESET DATES;[PROPOSED] ORDER
CV-16-0544-KAW
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A proposed order is attached.
Respectfully submitted,

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BRIAN J. STRECH
United States Attorney

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Dated: July 19, 2016

By:

/s/ Kimberly Friday
KIMBERLY FRIDAY
Assistant United States Attorney
Counsel for the Defendants

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By:

/s/ Deborah Adler
Deborah A. Adler
DAVIS WRIGHT TREMAINE LLP
Counsel for Plaintiffs

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CERTIFICATION
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Pursuant to Local Rule 5-1(i)(3), the undersigned hereby attests that I have conferred with
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Deborah Adler, counsel for plaintiffs, regarding this filing. Ms. Adler has represented that she concurs
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in the filing of this document and that I am authorized to file it on her behalf.
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BRIAN J. STRETCH
United States Attorney

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21 Dated: July 19, 2016
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By:

/s/ Kimberly Friday
KIMBERLY FRIDAY
Assistant United States Attorney
Counsel for the Defendants

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JOINT REQUEST FOR RELIEF FROM AUTOMATIC REFERRAL TO ADR MULTI-OPTION PROGRAM;
STIPULATION TO RESET DATES;[PROPOSED] ORDER
CV-16-0544-KAW
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[PROPOSED] ORDER

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Pursuant to stipulation and to ADR L.R. 3-3(c), the parties are hereby removed from the ADR Multi-

3 Option Program and are excused from participating in the ADR phone conference and any further
4 formal ADR process. Should any party subsequently determine that submission to the formal ADR
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process would be beneficial to the efficient resolution of this matter, that party may request placement in

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one of the Court’s ADR programs at that time.
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Pursuant to stipulation, it is so ordered that the Case Management Conference currently set for

October 25
1:30
9 August 2, 2016, is hereby continued to _______________, 2016 at ________a.m/p.m. Defendants’

10 responsive pleading is due August 26, 2016.
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SO ORDERED.
DATED: 7/20/16
HONORABLE KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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JOINT REQUEST FOR RELIEF FROM AUTOMATIC REFERRAL TO ADR MULTI-OPTION PROGRAM;
STIPULATION TO RESET DATES;[PROPOSED] ORDER
CV-16-0544-KAW
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