Fang v. Chertoff et al

Filing 5

ORDER RE STIPULATION EXTENDING DEADLINE FOR RESPONSIVE PLEADING AND CONTINUING CASE MANAGEMENT CONFERENCE. Signed by Judge Jeremy Fogel on 11/9/05. (jfsec, COURT STAFF) (Filed on 11/9/2005)

Fang v. Chertoff et al

Doc. 5

Case 5:05-cv-04381-JF

Document 5

Filed 11/09/2005

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1 KEVIN V. RYAN, CSBN 118321 United States Attorney 2 J OANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division CLAIRE T. CORMIER, CSBN 154364 4 Assistant United States Attorney 5 6 7 150 Almaden Blvd., Suite 900 San Jose, California 95113 Telephone: [phone] FAX: [phone] C l a i r e . C o r m i e r @ u s d o j . go v

*E-filed 11/9/05**

8 Attorneys for Defendants 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 FANG, Ai Qiu 14 15 16 17 18 19 20 21 22 23 ) ) Plaintiff, ) ) v. ) ) MICHAEL CHERTOFF, Secretary of the ) Department of Homeland Security; ROBERT ) DEVINE, Acting Director, U.S. ) Citizenship and Immigration Services; ) CONDOLEEZZA RICE, Secretary of State, ) Department of State; JACKIE WONG, Officer ) in Charge, USCIS Guangzhou Office, ) ) Defendants. ) ) ) C05-4381 JF

---------------STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR RESPONSIVE PLEADING AND CONTINUING CASE MANAGEMENT C O N FE R E N C E USCIS Case No. A 95-410-277

The parties to this action, through their attorneys, hereby stipulate and request as follows: 1. Plaintiff filed this action on or about October 27, 2005. Defendants' answer currently is

24 due on December 30, 2005. This case is scheduled for a case management conference on 25 December 9, 2005 at 10:30 a.m. 26 2. The complaint alleges, inter alia, that plaintiff's husband and child ("the beneficiaries")

27 have not received any notice from the defendants about the required interview and visa issuance 28 relating to plaintiff's two approved Refugee Asylee Relative Petitions (Form I-730).
STIPULATION RE EXTENSION; [PROPOSED] ORDER 1 C 05-4381 JF
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Case 5:05-cv-04381-JF

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3. The U.S. Citizenship and Immigration Services ("CIS") has advised that it previously

2 scheduled an interview appointment for the beneficiaries on March 3, 2004, but the beneficiaries 3 did not appear for that interview. It appears that there may have been a miscommunication 4 regarding the correct address for the beneficiaries. The beneficiaries' current address has now 5 been verified, and CIS has schedule a new interview appointment for January 4, 2006. 6 4. Accordingly, in order to allow time for the currently scheduled interview and to determine

7 whether this matter can be resolved without further litigation, the parties stipulate and request that 8 the Court enter an order stating that defendants may have to and including February 17, 2006 to 9 answer, move, or otherwise respond to plaintiff's complaint in this action. The parties further 10 request that the case management conference, currently scheduled for December 9, 2005, be 11 rescheduled to March 3, 2006. 12 IT IS SO STIPULATED. Respectfully submitted, KEVIN V. RYAN United States Attorney

13 Dated: November 8, 2005 14 15 16 17 18 19 Dated: November 8, 2005 20 21 22 23 // 24 // 25 // 26 // 27 // 28 //

/s/ Claire T. Cormier CLAIRE T. CORMIER Assistant United States Attorney Attorneys for Defendants BAUGHMAN & WANG

/s/ Justin X. Wang JUSTIN X. WANG Attorneys for Plaintiff

STIPULATION RE EXTENSION; [PROPOSED] ORDER 2 C 05-4381 JF

Case 5:05-cv-04381-JF

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PROPOSED ORDER Pursuant to the stipulation of the parties and good cause appearing, the deadline for defendants

3 to answer, move, or otherwise respond to the complaint in this action is hereby extended to 4 February 17, 2006. The case management conference, previously scheduled for December 9, 5 2005, is hereby continued to March 3, 2006 at 10:30 a.m. 6 7 11/9/05 8 DATE: _____________________ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION RE EXTENSION; [PROPOSED] ORDER 3 C 05-4381 JF

IT IS SO ORDERED. /s/electronic signature authorized _____________________________________________ J eremy Fogel United States District Judge