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Hector Rogelio Montejano v. Eric Holder

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 29, 2011

HECTOR ROGELIO MONTEJANO,
PLAINTIFF,
v.
ERIC HOLDER, JR., ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

STIPULATION RE: EXTENSION JOINT OF TIME TO ANSWER COMPLAINT AND ORDER

This is an immigration case in which plaintiff brings various challenges to his prior plea agreement, a collateral challenge to his current criminal proceedings, an injunction against his future removal, and attorney's fees. Plaintiff has filed a motion for a temporary restraining order, currently set for August 24, 2011. The government respectfully requests an additional 14 days, until August 17, 2011, in which to file an answer or other dispositive pleading. Plaintiff does not oppose this request.

The parties also request that the August 24, 2011, temporary restraining order hearing be reset to September 14, 2011, so that any dispositive motion the government might file can be noticed for that date as well. The parties would then follow the briefing schedule set forth in Local Rule 230(b), with oppositions to the motions due on August 31, 2011.

The parties finally request that the status conference, currently set for September 8, 2011, be reset to some time after the hearing date for the temporary restraining order.

Dated: July 28, 2011 Respectfully submitted, TONY WEST Assistant Attorney General Civil Division DAVID J. KLINE Director Office of Immigration Litigation District Court Section By: /s/ Hans H. Chen HANS H. CHEN Trial Attorney United States Department of Justice Civil Division Office of Immigration Litigation District Court Section P.O. Box 868, Ben Franklin Station Washington, DC 20044 Telephone: (202) 307-4469 Facsimile: (202) 305-7000 Email: hans.h.chen@usdoj.gov Attorneys for Defendants MCGRATH CLOUD LAW By: /s/ Mary Amanda McGrath Mary Amanda McGrath Attorneys for Plaintiff

ORDER

Pursuant to the parties' Joint Stipulation and for the reasons stated therein, IT IS HEREBY ORDERED as follows: 1. The time for the government to answer the complaint or file a dispositive pleading is extended to August 17, 2011; 2. The hearing on the temporary restraining order is reset from August 24, 2011, to September 14, 2011, and will be held in Courtroom 4 at 8:30 a.m. before District Judge Lawrence J. O'Neill. The parties shall follow the briefing scheduling set forth in Local Rule 230; and 3. The scheduling conference, currently set for September 8, 2011, is reset to October 4, 2011, and will be held in Courtroom 8 at 10:00 a.m. before Magistrate Judge Sheila K. Oberto. IT IS SO ORDERED.

20110729

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