Song v. Kent et al

Filing 19

ORDER Granting 18 Stipulation re Discovery/Briefing Schedule. Motions due by 6/15/2019. Responses due by 7/6/2019. Replies due by 7/20/2019. Signed by Magistrate Judge Cam Ferenbach on 4/23/2019. (Copies have been distributed pursuant to the NEF - SLD)

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Alexander R. Vail, Esq.
Nevada Bar # 14291
Law Office of Alexander R. Vail, L.L.C.
2850 West Horizon Ridge Parkway, Suite 200
Henderson, Nevada 89052
Phone: [phone]
Email: [e-mail]
Attorney for Petitioner

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Yali SONG,

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No. 2:18-cv-00919-GMN-VCF

Petitioner,

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vs.

Jeanne M. KENT, Director, Las Vegas Field
Office of United States Citizenship and
Immigration Services, in her official
capacity; and UNITED STATES
CITIZENSHIP AND IMMIGRATION
SERVICES,

JOINT STIPULATION ON
DISCOVERY / BRIEFING
SCHEDULE

Respondents.

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Petitioner seeks review of an administrative decision. The parties agree that the issues and

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claims remaining in this action may be adjudicated by the Court through cross-motions for

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summary judgment and the submission of the federal agency’s Administrative Record regarding

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the agency action being challenged by Petitioner. Accordingly, pursuant to Local Rule 16-1(c)(1),

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which provides that actions for review on an administrative record shall be governed by entry of

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a briefing schedule, the parties stipulate as follows:

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I.

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The parties have conferred regarding the need, if any, for discovery beyond the

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Administrative Record but believe that all evidence needed to resolve this issue is contained in

Rule 26(f) Discovery Issues

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the Administrative Record maintained by the U.S. Citizenship and Immigration Services

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(“USCIS”). Therefore, the parties do not believe discovery needs to be conducted in this case

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Respondents will provide Petitioner’s counsel a copy of the Certified Administrative

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Record maintained by USCIS by May 15, 2019. Respondents will also file the Certified

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Administrative Record with the Court by May 15, 2019. To the extent possible, Respondents will

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also provide a copy of the Certified Administrative Record in electronic format to both the Court

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and Petititioner. Given the nature of much of the information contained in the Certified

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Administrative Record, and notwithstanding the access-limitations contained in Fed. R. Civ. P.

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5.2(c), the parties stipulate that the Certified Administrative Record that is filed with the Court

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will be unredacted and submitted under seal pursuant to Fed. R. Civ. P. 5.2(f).

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II.

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Pursuant to Local Rule 16-1(c)(1), the parties agree to the following briefing schedule:

Briefing Schedule

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June 15, 2019:

Petitioner will file her Motion for Summary Judgment.

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July 6, 2019:

Respondents will file any response to Petitioner’s Motion for Summary
Judgment in addition to its own Cross-Motion for Summary Judgment.

July 20, 2019:

Petitioner will file any response to Respondents’ Cross-Motion for
Summary Judgement and/or reply to Respondent’s Response to
Petitioner’s Motion for Summary Judgment.

August 3, 2019:

Respondents will file any reply to Petitioner’s Response to Respondents’
Cross-Motion for Summary Judgment.

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Respectfully submitted this 22nd day of April, 2019.
LAW OFFICE OF ALEXANDER R. VAIL, LLC

NICHOLAS A. TRUTANICH
United States Attorney

/s/ Alexander R. Vail
ALEXANDER VAIL, Esq.
2850 West Horizon Ridge Parkway, Ste 200
Henderson, Nevada 89052
Attorney for Petitioner

/s/ Mark Woolf
MARK WOOLF
Assistant United States Attorney
Attorneys for Respondents

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IT IS SO ORDERED:

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__________________________________
UNITED STATES MAGISTRATE JUDGE

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4-23-2019
DATED: __________________________
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