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Chen v. Gonzales

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


November 28, 2007

XILING CHEN, PLAINTIFF,
v.
ALBERTO GONZALES, ATTORNEY GENERAL OF THE UNITED STATES; MICHAEL CHERTOFF, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY; EMILIO GONZALES, DIRECTOR OF UNITED STATES CITIZENSHIP & IMMIGRATION SERVICES; ROBERT MEULLER, DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATIONS; GERARD HEINAUER, DIRECTOR OF THE NEBRASKA SERVICE CENTER, DEFENDANTS.

The opinion of the court was delivered by: Patricia V. Trumbull United States Magistrate Judge

ORDER ON PARTIES' JOINT REQUEST TO BE EXEMPT FROM FORMAL ADR PROCESS

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 adjudicate her application for adjustment of status. 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 phone conference and any further formal ADR process.

Dated: November 26, 2007

Respectfully submitted,

TRICIA WANG Attorney for Plaintiff

ORDER

Pursuant to stipulation, IT IS SO ORDERED.

20071128

© 1992-2007 VersusLaw Inc.



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