Herguan University et al v. Immigration and Customs Enforcement (ICE) et al

Filing 21

ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE LATE RESPONSE, Set/Reset Deadlines as to 18 MOTION to Dismiss for Lack of Jurisdiction : Opposition or statement of non-opposition due by 11/23/2012. Reply due by 12/7/2012. Signed by Judge Paul S. Grewal on 11/19/2012. (ofr, COURT STAFF) (Filed on 11/19/2012)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN JOSE DIVISION 11 HERGUAN UNIVERSITY, et al., 12 Plaintiffs, v. 13 14 15 IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE), et al., Defendants. 16 ) ) ) ) ) ) ) ) ) ) ) Case No.: C 12-04403 PSG ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE LATE RESPONSE (Re: Docket No. 20) 17 On October 18, 2012, Defendants Immigration and Customs Enforcement (“ICE”) and 18 Student and Exchange Visitor Program (“SEVP”) (collectively, “Defendants”) filed a motion to 19 dismiss.1 Pursuant to Civ. L.R. 7-3, an opposition or statement of non-opposition was due no later 20 than November 1, 2012. Plaintiffs Herguan University and Jerry Yun Fei Wang (collectively, 21 “Plaintiffs”) did not file either an opposition or statement of non-opposition. 22 Plaintiffs move to extend the date for them to file an opposition to Defendants’ motion to 23 dismiss on the grounds that Plaintiffs have discovered new evidence that impacts their response to 24 Defendants’ motion. Plaintiffs also indicate that they may move for leave to amend the complaint. 25 Having reviewed the papers and considered the arguments of counsel, 26 27 28 1 See Docket No. 18. 1 Case No.: C 12-04403 PSG ORDER 1 2 3 IT IS HEREBY ORDERED that Plaintiffs’ motion for leave to file a late response to Defendants’ motion to dismiss is GRANTED. Plaintiffs may file their opposition, or statement of non-opposition, to Defendants’ motion 4 to dismiss no later than November 23, 2012 and Defendants may file their reply no later than 5 December 7, 2012. 6 Any motion for leave to amend the complaint must be filed separately and in accordance 7 with the Civil Local Rules. The hearing will remain as scheduled for December 18, 2012 at 10AM. 8 IT IS SO ORDERED. 9 Dated: November 19, 2012 _________________________________ PAUL S. GREWAL United States Magistrate Judge United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: C 12-04403 PSG ORDER

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