UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
March 24, 2009
MIRSAD HAJRO, JAMES R. MAYOCK, PLAINTIFFS,
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES; T. DIANE CEJKA, DIRECTOR, USCIS NATIONAL RECORDS CENTER; ROSEMARY MELVILLE, USCIS DISTRICT DIRECTOR OF SAN FRANCISCO; MICHAEL CHERTOFF, SECRETARY, DEPARTMENT OF HOMELAND SECURITY; MICHAEL B. MUKASEY, ATTORNEY GENERAL DEPARTMENT OF JUSTICE, DEFENDANTS.
The opinion of the court was delivered by: Patricia V. Trumbull United States Magistrate Judge
STIPULATION TO EXTEND DATES; and [PROPOSED] ORDER
Plaintiffs, by and through their attorney of record, and Defendants, by and through their attorneys of record, hereby stipulate, subject to the approval of the Court, to the following:
1. Plaintiffs filed this action on or about March 10, 2008. The Defendants filed their response to Plaintiffs' amended complaint on June 23, 2008.
2. On January 5, 2009, Defendants filed a Motion to Dismiss in Part, noticing a hearing date of February 10, 2009.
3. Pursuant to the Court's Order of January 22, 2009, granting in part the parties' second Stipulation to Reset Dates C08-1350 PVT 1 request to extend dates, fact discovery cutoff is date is January 30, 2009.
4. On January 21, 2009, the parties engaged in a very productive round of mediation with an appointed mediator and are considering a possible resolution of the case without further litigation.
5. On January 23, 2009, the parties, with the support and encouragement of the mediator, asked this Court to vacate the February 10, 2009 hearing date on Defendants' Motion to Dismiss, and to hold this matter in abeyance for 60 days.
6. The mediation is ongoing and the parties respectfully ask for an additional 60 days in order to resolve this matter without further litigation.
Dated: March 23, 2009
ILA C. DEISS*fn1 Assistant United States Attorney Attorneys for Defendants
Pursuant to stipulation, IT IS SO ORDERED. On or before May 23, 2009, the parties will either file a stipulated dismissal or request other appropriate relief.