The Center for Investigative Reporting et al v. Department of Homeland Security

Filing 39

ORDER (as modified) GRANTING 38 STIPULATION to Vacate Scheduling Order and Schedule Case Management Conference.Case Management Statement due by 3/21/2023. Further Case Management Conference set for 3/28/2023 02:00 PM.. The 3/28 p roceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conferenc e number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below t o access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hea r and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. Signed by Judge Haywood S. Gilliam, Jr. on 1/17/2023. (ndr, COURT STAFF) (Filed on 1/17/2023)

Case 4:21-cv-09633-HSG Document 39 Filed 01/17/23 Page 1 of 3

1 STEPHANIE M. HINDS (CABN 154284)
United States Attorney
2 MICHELLE LO (NYRN 4325163)
Chief, Civil Division
3 SAPNA MEHTA (CABN 288238)
Assistant United States Attorney
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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 Defendant
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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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THE CENTER FOR INVESTIGATIVE
REPORTING, et al.,
Plaintiffs,
v.
U.S. DEPARTMENT OF HOMELAND
SECURITY,
Defendant.

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Case No. 4:21-cv-09633-HSG
STIPULATED REQUEST TO VACATE
SCHEDULING ORDER (DKT. 37) AND TO
SCHEDULE CASE MANAGEMENT
CONFERENCE; ORDER (as modified)

Plaintiffs The Center for Investigative Reporting and Ike Sriskandarajah (“Plaintiffs”) and
Defendant United States Department of Homeland Security, Immigration and Customs Enforcement
(“Defendant”), by and through their undersigned counsel, submit this stipulated request to vacate the
deadlines set forth in the Court’s Scheduling Order (Dkt. 37), including the motions hearing set for
March 30, 2023, and to schedule a case management conference for March 28, 2023. This stipulation is
based on the following facts:
1.

This action, filed on December 14, 2021, arises out of a Freedom of Information Act
(“FOIA”) request submitted by Plaintiffs to Defendant. The parties have resolved all
issues regarding the search for and release of responsive documents in response to the

STIP TO VACATE SCHEDULING ORDER & SCHEDULE CMC
4:21-CV-09633- HSG

Case 4:21-cv-09633-HSG Document 39 Filed 01/17/23 Page 2 of 3

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FOIA request. The parties thus stipulate and request that the deadlines for summary

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judgment briefing set forth in the Court’s Scheduling Order (Dkt. 37), including the

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motions hearing set for March 30, 2023, be vacated.

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2.

The only remaining issue in this matter is Plaintiffs’ request for attorney’s fees. Plaintiffs

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intend to send Defendant their fee request by February 10, 2023 and the parties will then

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confer to resolve any disputed issues relating to Plaintiffs’ fee request. The parties thus

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respectfully request that the Court schedule a case management conference on March 28,

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2023, or a subsequent date convenient to the Court, to give the parties time to confer.

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The parties will file a joint status report by March 21, 2023 if this matter has not been

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resolved by that time. If resolution is reached before then, the parties will file a

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stipulation of dismissal.

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Respectfully submitted,

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STEPHANIE M. HINDS
United States Attorney

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By:

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Dated: January 13, 2023

THE CENTER FOR INVESTIGATIVE REPORTING
By:

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/s/ Sapna Mehta
SAPNA MEHTA
Assistant United States Attorney
Attorney for Defendant

/s/ Victoria Baranestsky
D. VICTORIA BARANETSKY
Attorney for Plaintiffs
ATTESTATION

In compliance with Civil L.R. 5-1(h)(3), I attest that I have obtained concurrence in the filing of
this document from each of the other signatories.

Dated: January 13, 2023

By:

/s/ Sapna Mehta
SAPNA MEHTA
Assistant United States Attorney

STIP TO VACATE SCHEDULING ORDER & SCHEDULE CMC
4:21-CV-09633- HSG

Case 4:21-cv-09633-HSG Document 39 Filed 01/17/23 Page 3 of 3

ORDER

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Pursuant to the stipulation of the parties, and good cause having been shown, it is hereby ordered

3 that the deadlines set forth in the Court’s Scheduling Order (Dkt. 37), including the motions hearing set
4 for March 30, 2023, are VACATED. A telephonic case management conference is scheduled for
5 March 28, 2023 at 2:00 p.m. and the parties shall file a joint status report by March 21, 2023.
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IT IS SO ORDERED.

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9 DATED: 1/17/2023
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THE HON. HAYWOOD S. GILLIAM, JR.
United States District Judge

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STIP TO VACATE SCHEDULING ORDER & SCHEDULE CMC
4:21-CV-09633- HSG