UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
September 1, 2008
NAGEEB KASSEM, NORA KASSEM, PLAINTIFFS/PETITIONERS,
MICHAEL CHERTOFF, PERSONALLY AND IMMIGRATION CASE IN HIS CAPACITY AS SECRETARY FOR DEPARTMENT OF HOMELAND SECURITY; JULIE MYERS, PERSONALLY AND AS ASSISTANT SECRETARY FOR HOMELAND SECURITY FOR IMMIGRATION AND CUSTOMS ENFORCEMENT; JONATHAN SCHARFEN, PERSONALLY AND AS ASSISTANT SECRETARY FOR HOMELAND SECURITY AND ACTING DIRECTOR OF BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES; FRANCISCO DISTRICT OF USCIS; DON L. RIDING, PERSONALLY AND AS FIELD OFFICE DIRECTOR FOR FRESNO FIELD OFFICE OF USCIS; NANCY ALCANTAR, PERSONALLY AND AS DIRECTOR, SAN FRANCISCO DISTRICT OF ICE; RONALD LEFEVRE, CHIEF LEGAL COUNSEL, SAN FRANCISCO DISTRICT OF ICE/USCIS; MICHAEL MUKASEY, IN HIS CAPACITY AS ATTORNEY GENERAL AND SECRETARY OF DEPARTMENT OF JUSTICE; DAVID L. NEAL, IN HIS CAPACITY AS CHIEF JUDGE OF EXECUTIVE OFFICE FOR IMMIGRATION REVIEW; POLLY WEBBER, IN HER CAPACITY AS ADMINISTRATIVE LAW JUDGE WITH EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DOES I THROUGH VII; DEFENDANTS/RESPONDENTS,
The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge
ORDER AND STIPULATION FOR RESETTING OF HEARING AND FOR DEADLINES TO FILE OPPOSITION AND REPLY BRIEFS
New Hearing Date: October 20, 2008 Time: 1:30 p.m. Judge: Hon. Anthony W. Ishii Old Hearing Date and Time: 9/22/08, 1:30 p.m.
The above-named Plaintiffs, Defendants and Respondents, including all moving parties filing a Motion to Dismiss for Lack of Jurisdiction [etc.] ("MTD") as to defendants in their official capacities filed herein 8/15/2008 ("Movants"), hereby recite, stipulate and agree through undersigned counsel as follows:
1. Movants set and noticed a hearing on their MTD for September 22, 2008 without any foreknowledge of the selection of that hearing date by Plaintiffs' counsel.
2. Plaintiffs' counsel has represented that he will not be in Fresno on September 22, 2008, and that he has an irreconcilable conflict preventing his appearance in court in Fresno that morning. Plaintiffs' counsel has represented that he also faces significant litigation demands in multiple cases after his return from an August vacation such that he needs additional time to draft papers responding to the MTD.
3. Accordingly, the Defendants and Plaintiffs agree as follows:
(a) The hearing on the MTD set by Movants for 1:30 p.m. 9/22/08 shall be reset for 10/20/08 at the same time and place.
(b) Any response to the MTD shall be filed by 9/12/2008.
(c) Movants shall file their reply by 10/10/2008.
4. This stipulation is for the convenience of the parties only and may not be deemed a waiver as to any substantive right or remedy, or used by any party as evidence relating to any of the contentions of the pleadings or MTD herein.
LAW OFFICES OF BRUCE LEICHTY
Bruce Leichty, Attorney for Nageeb Kassem and Nora Kassem, Plaintiffs and Petitioners
McGregor W. Scott United States Attorney
Audrey B. Hemesath, Assistant U.S. Attorney
IT IS SO ORDERED.
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