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Jiang v. Chertoff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


April 7, 2008

WEIMING JIANG, PLAINTIFF,
v.
MICHAEL CHERTOFF, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY; ROBERT S. MUELLER III, DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, DEFENDANTS.

The opinion of the court was delivered by: Susan Illston United States District Judge

FORMAL REQUEST TO BE EXEMPT FROM 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 the application for naturalization. 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.

Respectfully submitted,

JOSEPH P. RUSSONIELLO United States Attorney

MELANIE L. PROCTOR*fn1 Assistant United States Attorney Attorneys for Defendants

JUSTIN WANG Attorney for Plaintiff

ORDER

Pursuant to stipulation, IT IS SO ORDERED.


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