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Nat'l Lawyers' Guild San Francisco Chapter v. U.S. Dep't of Homeland Sec.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 29, 2011
No. C 08-5137 RS (N.D. Cal. Nov. 29, 2011)

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


Summaries of

Nat'l Lawyers' Guild San Francisco Chapter v. U.S. Dep't of Homeland Sec.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 29, 2011
No. C 08-5137 RS (N.D. Cal. Nov. 29, 2011)
Case details for

Nat'l Lawyers' Guild San Francisco Chapter v. U.S. Dep't of Homeland Sec.

Case Details

Full title:NATIONAL LAWYERS' GUILD SAN FRANCISCO CHAPTER, et al., Plaintiffs, v. U.S…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Date published: Nov 29, 2011

Citations

No. C 08-5137 RS (N.D. Cal. Nov. 29, 2011)