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

Filing 42

STIPULATION to Extend Dates; and ORDER re 41 . Signed by Judge Patricia V. Trumbull on 3/24/09. (pvtlc1) (Filed on 3/25/2009)

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 8 9 10 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) No. C 08-1350 PVT ) ) ) STIPULATION TO EXTEND DATES; ) and [PROPOSED] ORDER ) ) ) ) ) ) ) ) ) ) ) ) ) ) 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] FAX: [phone] Attorneys for Defendants

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 Reset Dates C08-1350 PVT 1

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

3 an appointed mediator and are considering a possible resolution of the case without further 4 litigation. 5 5. On January 23, 2009, the parties, with the support and encouragement of the mediator,

6 asked this Court to vacate the February 10, 2009 hearing date on Defendants' Motion to Dismiss, 7 and to hold this matter in abeyance for 60 days. 8 6. The mediation is ongoing and the parties respectfully ask for an additional 60 days in

9 order to resolve this matter without further litigation. 10 Dated: March 23, 2009 11 12 13 14 15 16 17 Dated: March 23, 2009 18 19 20 21 O RD ER /s/ KIP EVAN STEINBERG Attorney for Plaintiffs /s/ ILA C. DEISS1 Assistant United States Attorney Attorneys for Defendants Respectfully submitted, J OSEPH P. RUSSONIELLO United States Attorney

Pursuant to stipulation, IT IS SO ORDERED. On or before May 23, 2009, the parties will 22 either file a stipulated dismissal or request other appropriate relief. 23 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 Reset Dates C08-1350 PVT 2
1

Date:

3/24/09

PATRICIA V. TRUMBULL United States Magistrate Judge