UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
May 4, 2007
JUN GAO, PLAINTIFF,
MICHAEL CHERTOFF, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY; EMILIO T. GONZALEZ, DIRECTOR, U.S. CITIZENSHIP AND IMMIGRATION SERVICES; CHRISTINA POULOS, DIRECTOR, CALIFORNIA SERVICE CENTER, U.S.C.I.S.; ROBERT S. MUELLER, DIRECTOR OF FEDERAL BUREAU OF INVESTIGATION, DEFENDANTS.
The opinion of the court was delivered by: Maxine M. Chesney United States District Judge
PARTIES' JOINT REQUEST TO BE EXEMPT FROM FORMAL ADR PROCESS ORDER THEREON
Each of the undersigned certifies that he or she has read either the handbook entitled "Dispute Resolution Procedures in the Northern District of California," or the specified portions of the ADR Unit's Internet site , discussed the available dispute resolution options provided by the court and private entities, and considered whether this case might benefit from any of them. Here, the parties agree that referral to a formal ADR process will not be beneficial because this mandamus action is limited to Plaintiff's request that this Court compel Defendants to act more expeditiously and adjudicate the application for adjustment of status.
Motion to Dismiss
USCIS has already requested that the FBI expedite the name check so that the application may be processed as soon as possible. Given the substance of the action and the lack of any potential middle ground, ADR will only serve to multiply the proceedings and unnecessarily tax court resources. Accordingly, pursuant to ADR L.R. 3-3(c), the parties request the case be removed from the ADR Multi-Option Program and that they be excused from participating in the ADR 5 phone conference and any further formal ADR process.
Pursuant to stipulation and to ADR L. R. 3-3(c), the parties are hereby removed from the ADR Multi-Option Program and are excused from participating in the ADR phone conference and any further formal ADR process.
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