Shia Association of Bay Area, Inc., et al v. UNITED STATES OF AMERICA et al

Filing 20

ORDER APPROVING 19 STIPULATION. Signed by Judge Jeremy Fogel on 5/13/2011. (jflc2, COURT STAFF) (Filed on 5/18/2011)

**E-Filed 5/18/2011**
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MELISSA LEIBMAN, NYSBN 4442877
Trial Attorney
United States Department of Justice
Office of Immigration Litigation, DCS
450 5th Street, NW
Washington, DC 20001
Tel: [phone]; Fax: [phone]
Email: [e-mail]

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Attorneys for Defendants
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Marc Van Der Hout, California Bar No. 80778
Stacey L. Gartland, California Bar No.184694
Van Der Hout, Brigagliano & Nightingale, LLP
180 Sutter Street, Fifth Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE

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Shia Association of Bay Area, Inc. et al,

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Plaintiffs,

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v.

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United States of America, et al,

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Defendants.

No. 11-01369 JF
STIPULATION for Extension of Time for
Defendants to Answer or Otherwise Respond to
the Complaint and for Filing, Briefing and
Argument on Plaintiffs’ Anticipated Summary
Judgment Motion
and
------------------ ORDER
[PROPOSED]

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Immigration Case, Mandamus, Administrative
Procedure Act Case

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Before: Honorable Jeremy Fogel

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Stipulation RE Extension of Time to Answer

Case No. 11-01369 JF

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The parties hereby respectfully request that this Court approve the parties’ stipulation to
extend Defendants’ time to answer or otherwise respond to Plaintiffs’ Complaint and approve the

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parties’ stipulation regarding the filing, briefing and argument on Plaintiffs’ anticipated motion

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for summary judgment. The parties agree to the following terms:

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1.

Plaintiffs properly served the Complaint on March 25, 2011, and Defendants’

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Answer or Response is currently due on May 24, 2011; and
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2.

Defendants shall have until June 24, 2011, to answer or otherwise respond to the

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Complaint and to file the Certified Administrative Record; and
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3.

If Plaintiffs amend their complaint between June 3, 2011 and June 23, 2011,

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Defendants may have three weeks time from the date of any such filing to file their
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answer or other response to an amended complaint and to file the Certified
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Administrative Record.
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4.

Plaintiffs’ anticipated motion for summary judgment is to be filed by July 22,

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2011.
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5.

Defendant’s opposition and/or cross motion is to be filed by August 12, 2011.

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Plaintiffs’ reply and/or opposition is to be filed by August 31, 2011.

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Defendants’ reply is to be filed September 14, 2011.

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Argument will be heard on the motion(s) on October 6, 2011 1:30 p.m.

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Stipulation RE Extension of Time to Answer

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Case No. 11-01369 JF

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Dated: May 12, 2011

Respectfully submitted,

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/s/________________
Marc Van Der Hout
Stacey Gartland
Van Der Hout, Brigagliano & Nightingale, LLP
Attorneys for Plaintiffs

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Dated: May 12, 2011

Respectfully submitted,
/s/________________
Melissa S. Leibman
Trial Attorney
United States Department of Justice
Office of Immigration Litigation, DCS
Attorney for Defendants

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Pursuant to stipulation, IT IS SO ORDERED.

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5/13/2011
Date: _________________

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Hon. Jeremy Fogel

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United States District Judge

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Stipulation RE Extension of Time to Answer

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Case No. 11-01369 JF

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CERTIFICATE OF SERVICE

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I, Melissa Leibman, the undersigned, certify:

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I am over the age of eighteen years and not a party to the within action or proceedings;

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I am a Trial Attorney for the United States Department of Justice and my office is located at

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450 5th St. NW, Rm 6022 Washington, D.C., 20001. On May 12, 2011, I caused the

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STIPULATION for Extension of Time for Defendants to Answer or Otherwise Respond to the
Complaint and for Filing, Briefing, and Argument on Plaintiffs’ Anticipated Summary Judgment

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Motion and [PROPOSED] ORDER to be filed with the Clerk of Court for the United States
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District Court for the Northern District of California by using the appellate CM/ECF system.
I also certify that Marc Van Der Hout, of Van Der Hout, Brigagliano & Nightingale,

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LLP, 180 Sutter Street, Fifth Floor, San Francisco, CA 94104, who has entered his appearance

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on behalf of Plaintiffs, is a registered CM/ECF user and that service will be accomplished by the

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appellate CM/ECF system.

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/s/________________
Melissa S. Leibman
Trial Attorney
United States Department of Justice
Office of Immigration Litigation, DCS

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Attorney for Defendants

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Stipulation RE Extension of Time to Answer

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Case No. 11-01369 JF