Bertos v. Napalitano et al

Filing 25

STIPULATION AND ORDER Signed by Judge Whyte on 1/31/2013. (rmwlc1, COURT STAFF) (Filed on 1/31/2013)

Case5:12-cv-03531-RMW Document23 Filed01/31/13 Page1 of 3

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STUART F. DELERY
Acting Assistant Attorney General
DAVID J. KLINE
Director, District Court Section
Office of Immigration Litigation
ELIZABETH J. STEVENS
Assistant Director
CRAIG W. KUHN (VSB: 43539)
Trial Attorney
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044-0868
Telephone: [phone]
Facsimile: [phone]
e-mail: [e-mail]

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Attorneys for Defendants
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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ATINA BERTOS,
Plaintiff,

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v.
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JANET NAPOLITANO, et al.
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Defendants.
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No. C 5:12-cv-3531-RMW

JOINT STIPULATION FOR
CONTINUANCE OF HEARING DATE

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Pursuant to Local Rule 7-7(b)(1) of the Local Rules of the Northern District of California,
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IT IS HEREBY STIPULATED by and between plaintiff and defendants, by and through
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their undersigned counsel, that the time for oral arguments regarding Defendants’ Motion to
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Dismiss and/or for Summary Judgment will be rescheduled to March 15, 2013 at 9:00 a.m. in
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Courtroom 6 before the Honorable Ronald M. Whyte. In addition, if the Court grants Plaintiff’s
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request for leave to file her opposition out of time, then the parties agree that Defendants may
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file a reply no later seven (7) days after the Court rules on Plaintiff’s motion for leave to file her
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opposition out of time.
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Case5:12-cv-03531-RMW Document23 Filed01/31/13 Page2 of 3

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Oral argument was scheduled on February 8, 2013 at 9:00 a.m. in Courtroom 6 before the
Honorable Ronald M. Whyte.
The continuance of hearing date was requested by both parties because plaintiff filed her

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opposition outside the normal time permitted by the rules to respond, and the Court has not yet

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ruled on Plaintiff’s request for leave to file out of time. In addition, continuing the hearing date

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to March 15, 2013, will provide the Court the necessary time to review the parties papers and

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determine if a decision can be reached on the merits without the need for oral arguments.

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Dated: January 31, 2013

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Respectfully submitted,
STUART F. DELERY
Principal Deputy Assistant Attorney General

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DAVID J. KLINE
Director

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ELIZABETH J. STEVENS
Assistant Director

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/s/ Craig W. Kuhn
CRAIG W. KUHN1
Trial Attorney
United States Department of Justice
Civil Division
Office of Immigration Litigation
District Court Section
Attorney for Defendants

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LAW OFFICE OF BERNADETTE CONNOLLY
Dated: January 31, 2013

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/s/ Bernadette Willeke Connolly (by email consent)
BERNADETTE WILLEKE CONNOLLY
1671 The Alameda, Suite 200
San Jose, CA 95126
Attorney for Plaintiff

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I, Craig W. Kuhn, hereby attest that I obtained the concurrence in the filing of this
document from all signatories indicated by a “conformed” signature (/s/).
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Case5:12-cv-03531-RMW Document23 Filed01/31/13 Page3 of 3

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ORDER
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Pursuant to the stipulation of the parties, IT IS SO ORDERED.
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Dated:

, 2013

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Ronald M. Whyte
United States District Judge