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

Filing 23

STIPULATION AND ORDER TO VACATE CMC re 22 STIPULATION WITH PROPOSED ORDER Joint Request to Vacate Case Management Conference and Extend Date for Responsive Pleading filed by Lawyers' Committee For Civil Rights of the San Franci sco Bay Area, United States Department of Justice, Community Legal Services in East Palo Alto, Center for Gender & Refugee Studies, Executive Office for Immigration Review, American Immigration Lawyers Association. Signed by Magistrate Judge Kandis A. Westmore on 10/18/16. (sisS, COURT STAFF) (Filed on 10/18/2016)

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 TO VACATE CASE
MANAGEMENT CONFERENCE AND EXTEND
DATE FOR RESPONSIVE PLEADING;
[PROPOSED] ORDER

CMC Date: October 25, 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 will be resolved in the next few weeks.
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Defendants have made several productions of agency records and have only one request for information
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that remains outstanding. Defendants are working diligently to complete their production of agency
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records in response to this request, and anticipate that they will be able to complete production by the
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end of the month. Accordingly, the parties hereby stipulate and request pursuant to Civ. L.R. 6-2 and 728
JOINT REQUEST TO VACATE CASE MANAGEMENT CONFERENCE;[PROPOSED] ORDER
CV-16-0544-KAW
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1 12 that: (1) the Case Management Conference currently scheduled for October 25, 2016, at 1:30 p.m. be
2 vacated; and (2) the Government’s deadline to file a responsive pleading be extended to November 30,
3 2016. The Court has reset the Case Management Conference and Answer date on two prior occasions,
4 and the parties have stipulated to three one-month extensions of the Answer date as they continue to
5 collaboratively work to resolve this matter.
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At this time, Defendants believe that production will be completed in October, but the parties

7 will need additional time to negotiate Plaintiffs’ request for attorneys’ fees. Defendants’ responsive
8 pleading is currently due on October 31, 2016. The parties will work towards completing the remaining
9 production and resolving the request for attorneys’ fees in time to file a stipulated dismissal of the case
10 by November 30, 2016. The parties will notify the Court if additional time is needed to resolve the case.
11 If any party subsequently determines that a Case Management Conference is necessary, that party will
12 notify the Court.
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A proposed order is attached.

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Respectfully submitted,

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BRIAN J. STRETCH
United States Attorney

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Dated: October 11, 2016

By:

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

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By:

/s/ Patrick Ferguson
PATRICK FERGUSON
Davis Wright Tremaine LLP
Counsel for Plaintiffs

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JOINT REQUEST TO VACATE CASE MANAGEMENT CONFERENCE;[PROPOSED] ORDER
CV-16-0544-KAW
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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

3 Patrick Ferguson, counsel for plaintiffs, regarding this filing. Mr. Ferguson has represented that he
4 concurs in the filing of this document and that I am authorized to file it on his behalf.
BRIAN J. STRETCH
United States Attorney

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Dated: October 11, 2016

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By:

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

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[PROPOSED] ORDER
Pursuant to stipulation, it is so ordered that the Case Management Conference currently set for
October 25, 2016, is hereby vacated. Defendants’ responsive pleading is due November 30, 2016.

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SO ORDERED.
DATED: 10/18/16
HONORABLE KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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JOINT REQUEST TO VACATE CASE MANAGEMENT CONFERENCE;[PROPOSED] ORDER
CV-16-0544-KAW
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