Opinion
No. C 08-5137 RS
11-29-2011
NATIONAL LAWYERS' GUILD SAN FRANCISCO CHAPTER, et al., Plaintiffs, v. U.S. DEPARTMENT OF HOMELAND SECURITY, et al., Defendants.
JARED L. KOPEL, State Bar No. 126817 LISA A. DAVIS, State Bar No. 179854 DOMINIQUE-CHANTALE ALEPIN, State Bar No. 241648 WILSON SONSINI GOODRICH & ROSATI Attorneys for Plaintiffs JARED L. KOPEL DOMINIQUE-CHANTALE ALEPIN LISA A DAVIS WILSON SONSINI GOODRICH & ROSATI Professional Corporation JAYASHRI SRIKANTIAH IMMIGRANTS' RIGHTS CLINIC STANFORD LAW SCHOOL LINTON JOAQUIN KAREN TUMLIN NATIONAL IMMIGRATION LAW CENTER Attorneys for Plaintiffs TONY WEST Assistant Attorney General JOHN R TYLER Assistant Branch Director ERIC B. BECKENHAUER, CSBN 237526 Trial Attorney Attorneys for Defendants
JARED L. KOPEL, State Bar No. 126817
LISA A. DAVIS, State Bar No. 179854
DOMINIQUE-CHANTALE ALEPIN, State Bar No. 241648
WILSON SONSINI GOODRICH & ROSATI
Attorneys for Plaintiffs
STIPULATION TO EXTEND TIME TO FILE BILL OF COSTS AND/OR MOTION FOR ATTORNEY'S FEES; AND [PROPOSED] ORDER
WHEREAS, in an effort to narrow the issues before the Court,
1. Beginning in April 2009, the parties entered into a series of stipulations to stay proceedings to allow Defendants to conduct secondary searches and process potentially responsive records, and to allow the parties to confer in an effort to resolve Plaintiffs' claims without the Court's intervention. As a result of those negotiations, in October 2009, the parties filed a stipulation of dismissal of this action with prejudice under Rule 41(a)(1)(A)(ii) with respect to Defendants DHS, DHS-OIG, and CIS. After further negotiations resolved all remaining merits issues, on June 29, 2011, the parties filed a stipulation of dismissal of this action with prejudice under Rule 41(a)(1)(A)(ii) with respect to all remaining Defendants. At that time, the parties had begun to discuss whether an award of fees and costs was appropriate in this case. On June 30, 2011, the Court approved the parties' stipulation to extend the deadline for Plaintiffs to file any bill of costs and/or motion for attorney's fees by approximately three months, to September 30, 2011, to permit those negotiations to continue. On September 29, the Court approved the parties' stipulation to extend the deadline for Plaintiffs to file any bill of costs and/or motion for attorney's fees by approximately two months, to November 30, 2011, to permit those negotiations to continue.
2. The parties continue to actively discuss whether an award of attorney's fees and costs is appropriate and, to that end, have exchanged a series of proposals to resolve the issue without the Court's intervention. While Defendants do not concede that Plaintiffs are entitled to recover any fees or costs in this case, and reserve all rights to oppose any bill of costs or motion for attorney's fees, they are carefully considering this issue. Although further negotiation may eliminate the need for judicial resolution of any dispute over fees or costs, the parties anticipate that it will take several months for their negotiations to conclude; and
WHEREAS it would minimize litigation costs and conserve judicial resources to permit the parties to attempt to resolve any dispute over fees or costs without the Court's intervention,
IT IS HEREBY AGREED AND STIPULATED by and between the parties, through undersigned counsel, subject to the approval of the Court, that the deadline for Plaintiffs to file any bill of costs and/or motion for attorney's fees shall be extended by approximately two months, to January 30, 2012, notwithstanding any local rule to the contrary.
Respectfully submitted,
JARED L. KOPEL
DOMINIQUE-CHANTALE ALEPIN
LISA A DAVIS
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
JAYASHRI SRIKANTIAH
IMMIGRANTS' RIGHTS CLINIC
STANFORD LAW SCHOOL
LINTON JOAQUIN
KAREN TUMLIN
NATIONAL IMMIGRATION
LAW CENTER
Attorneys for Plaintiffs
TONY WEST
Assistant Attorney General
JOHN R TYLER
Assistant Branch Director
ERIC B. BECKENHAUER, CSBN 237526
Trial Attorney
Attorneys for Defendants
SIGNATURE ATTESTATION
In accordance with General Order 45(X), I hereby attest that I have obtained Eric B. Beckenhauer's concurrence in the filing of this document.
LISA A. DAVIS
[PROPOSED] ORDER
Pursuant to stipulation, it is hereby ORDERED that the deadline for Plaintiffs to file any bill of costs and/or motion for attorney's fees shall be extended to January 30, 2012, notwithstanding any local rule to the contrary.
RICHARD SEEBORG
United States District Judge