Chowdhury et al v. Siciliano et al

Filing 9

******************AMENDED DOCKET TEXT ORDER GRANTING PLAINTIFFS BRIEFING SCHEDULE AND HEARING ON PRELIMINARY INJUNCTION MOTION. MOTION SET FOR 12/4/2006 @ 9:00 AM ************ORDER GRANTING WITH MODIFICATIONS PLAINTIFFS Briefing Schedule and Hearing on Preliminary Injunction Motion re 7 Proposed Order filed by A.M. Rashed Chowdhury, Mumtaz Chowdhury. Motion Hearing set for 1/8/2007 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 11/22/2006. (ecg, COURT STAFF) (Filed on 11/22/2006) Additional attachment(s) added on 11/22/2006 (ecg, COURT STAFF). Modified on 11/22/2006 (ecg, COURT STAFF).

Chowdhury et al v. Siciliano et al

Doc. 9

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Marc Van Der Hout, CA SBN # 80778 Stacy Tolchin, CA SBN # 217431 Van Der Hout, Brigagliano & Nightingale, LLP 180 Sutter Street, Fifth Floor San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION A.M. Rashed CHOWDHURY, Mumtaz CHOWDHURY, Plaintiffs, Case No. C 06-07132 JW

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. Frank SICILIANO, his Official Capacity, Officer in Charge, U.S. Citizenship and Immigration Services, United States Department of Homeland Security, San Jose, California; David STILL, in his Official Capacity, District Director, U.S. Citizenship and Immigration Services, United States Department of Homeland Security, San Francisco, California; Christina POULOS, in her Official Capacity, Acting Director, U.S. Citizenship and Immigration Services California Service Center, United States Department of Homeland Security; Michael CHERTOFF, in his Official Capacity, Secretary, United States Department of Homeland Security; and Alberto R. GONZALES, in his Official Capacity, Attorney General, U.S. Department of Justice. Defendants.

PARTIES' STIPULATION REGARDING BRIEFING SCHEDULE AND HEARING ON PRELIMINARY INJUNCTION MOTION Immigration Case, Administrative Procedure Act Case Agency No.:A75 246 305 A75 246 306

Stip. Re Briefing on PI

No. C 06-07132 JW
Dockets.Justia.com

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Plaintiffs have filed a petition for writ of mandamus and complaint for declaratory and injunctive relief. The parties have agreed to expedite briefing in this matter in lieu of Plaintiffs filing an application for a temporary restraining order, and because Plaintiff Rashed Chowdhury will lose his employment if an employment authorization document is not issued to him by December 8, 2006. The parties have agreed to the following briefing schedule, contingent on court approval: 1. Plaintiffs will file their motion for preliminary injunction on Friday November 17, 2006. 2. Defendants will file their response by 12:00 p.m. on November 27, 2006. 3. Plaintiffs will file any reply by the end of the day of November 29, 2006. 4. The parties agree to a hearing date before this Court on December 4, 2006 at 9:00 a.m., or as soon thereafter as the Court will hear the matter.

Date: November 17, 2006

_________/s/_______________________ MARC VAN DER HOUT Van Der Hout, Brigagliano & Nightingale, LLP Attorney for Plaintiffs Respectfully submitted, ____________/s/____________________ ILA C. DEISS Assistant United States Attorney Attorney for Defendants

Dated: November 17, 2006 18 19 20 21 22 23 24 25 26 27 28 Dated: November 17, 2006

I declare under penalty of perjury that concurrence in the filing of this document has been obtained from Ila C. Deiss. _________/s/_______________________ MARC VAN DER HOUT

1 Stip. Re Briefing on PI No. C 06-07132 JW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Stip. Re Briefing on PI No. C 06-07132 JW It is so ordered. Dated: _____________________ 11/22/2006 ________________________________ Hon. James Ware United States District Judge

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PROOF OF SERVICE BY PERSONAL DELIVERY I, Stacy Tolchin, the undersigned, say: I am over the age of eighteen years and not a party to the within action or proceedings; my business address is Van Der Hout, Brigagliano & Nightingale, LLP, 180 Sutter Street, Fifth Floor, San Francisco, CA 94104. On November 17, 2006, I caused to be served the within: PARTIES' STIPULATION REGARDING BRIEFING SCHEDULE AND HEARING ON PRELIMINARY INJUNCTION MOTION on the opposing counsel by personal delivery to: Ila C. Deiss Assistant U.S. Attorney Office of the United States Attorney Northern District of California 450 Golden Gate Ave., Tenth Floor San Francisco, CA 94102 Executed on November 17, 2006, at San Francisco, California. I declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct. Stacy Tolchin Declarant