Hajro et al v. United States Citizenship and Immigration Services et al

Filing 39

STIPULATION AND ORDER TO VACATE DATES re 38 Stipulation filed by Rosemary Melville, Michael Chertoff, T. Diane Cejka, United States Citizenship and Immigration Services, Michael B. Mukasey. Signed by Judge Patricia V. Trumbull on January 23, 2009. (pvtlc2, COURT STAFF) (Filed on 1/23/2009)

Case 5:08-cv-01350-PVT

Document 38

Filed 01/23/2009

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1 J OSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney 2 J OANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division ILA C. DEISS, NY SBN 3052909 4 Assistant United States Attorney 5 6 7 Attorneys for Defendants 8 9 10 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) No. C 08-1350 PVT ) ) ) STIPULATION TO VACATE DATES; ) and [PROPOSED] ORDER XXXXXXXXXXX ) ) ) ) ) ) ) ) ) ) ) ) ) ) 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] FAX: [phone]

12 MIRSAD HAJRO, JAMES R. MAYOCK, 13 14 v. P l ai n ti ff s,

15 UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES; 16 T. DIANE CEJKA, Director, USCIS National Records Center; 17 ROSEMARY MELVILLE, USCIS District Director of San Francisco; 18 MICHAEL CHERTOFF, Secretary, Department of Homeland Security; 19 MICHAEL B. MUKASEY, Attorney General Department of Justice, 20 D ef en d a n t s . 21 22

Plaintiffs, by and through their attorney of record, and Defendants, by and through their

23 attorneys of record, hereby stipulate, subject to the approval of the Court, to the following: 24 1. Plaintiffs filed this action on or about March 10, 2008. The Defendants filed their response

25 to Plaintiffs' amended complaint on June 23, 2008. 26 2. On January 5, 2009, Defendants filed a Motion to Dismiss in Part, noticing a hearing date of

27 February 10, 2009. 28 3. Pursuant to the Court's Order of January 22, 2009, granting in part the parties' second Stipulation to Vacate Dates C08-1350 PVT 1

Case 5:08-cv-01350-PVT

Document 38

Filed 01/23/2009

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1 request to extend dates, fact discovery cutoff is date is January 30, 2009. 2 4. On January 21, 2009, the parties engaged in a very productive round of mediation with an

3 appointed mediator and are considering a possible resolution of the case without further litigation. 4 5. The parties, with the support and encouragement of the mediator, ask this Court to vacate

5 the February 10, 2009 hearing date on Defendants' Motion to Dismiss, and to hold this matter in 6 abeyance for 60 days. 7 8 Dated: January 22, 2009 9 10 11 12 13 14 15 Dated: January 22, 2009 16 17 18 O RD ER 19 Pursuant to stipulation, IT IS SO ORDERED. The February 10, 2009 hearing date is 20 hereby vacated. On or before March 23, 2009, the parties will either file a stipulated dismissal or request other appropriate relief. 21 22 23 Date: 24 25 26 27 I, Ila Deiss, hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document. 28 Stipulation to Vacate Dates C08-1350 PVT 2
1

Respectfully submitted, J OSEPH P. RUSSONIELLO United States Attorney

/s/ ILA C. DEISS1 Assistant United States Attorney Attorneys for Defendants

/s/ KIP EVAN STEINBERG Attorney for Plaintiffs

January 23, 2009

PATRICIA V. TRUMBULL United States Magistrate Judge