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Fayad v. Barrett

United States District Court, Ninth Circuit

July 9, 2013

ANGIE FAYAD AND MAHMOUD FAYAD, Plaintiff,
v.
ROBIN BARRETT, USCIS SAN FRANCISCO FIELD OFFICE DIRECTOR, ET AL., Defendants.

MELINDA HAAG (CSBN 132612), United States Attorney, ALEX G. TSE (CSBN 152348), Chief, Civil Division JENNIFER S. WANG (CSBN 233155) Assistant United States Attorney. San Francisco, California Attorneys for Defendants.

SARAH B. CASTELLO Attorney at Law, LAW OFFICE OF ROBERT B. JOBE, San Francisco, CA, Attorneys for Plaintiffs.

JOINT STIPULATION REGARDING BRIEFING SCHEDULE FOR SUMMARY JUDGMENT MOTIONS; [PROPOSED] ORDER

MARIA-ELENA JAMES, Magistrate Judge.

STIPULATION

1. Defendants filed a motion for summary judgment in the above-captioned case on June 25, 2013, and noticed the motion for hearing on September 19, 2013, at 10:00 a.m.

2. Currently, pursuant to the Court's Procedural Order for Immigration Mandamus Cases, the briefing schedule for defendant's motion and/or any counter-motion for summary judgment by plaintiffs is as follows: (i) plaintiffs' opposition and/or counter-motion is due by July 25, 2013; (ii) defendants' reply and/or opposition is due August 8, 2013; and (iii) if plaintiffs opt to file a counter-motion on July 25, 2013, plaintiffs may file a reply by August 22, 2013.

3. On June 26, 2013, the Court ordered the parties to file a joint statement of undisputed facts by July 16, 2013.

4. Plaintiffs' counsel will be on vacation from July 1, 2013 to July 24, 2013. Defendants' counsel will be out of town the week of August 12, 2013, and has vacation scheduled during the week of September 9, 2013. Given the unavailability of plaintiffs' counsel until July 24, 2013, and defendants' counsel's schedule in August and September, subject to the approval of the Court, the parties hereby stipulate to the following briefing schedule for defendants' motion for summary judgment, and any counter-motion by plaintiffs.

(i) The parties will file a joint statement of undisputed facts by August 21, 2013;
(ii) Plaintiffs' opposition or counter-motion for summary judgment is due by August 30, 2013;
(iii) Defendants' reply is due by September 24, 2013;
(iv) If plaintiffs file a counter-motion for summary judgment on August 30, 2013, plaintiffs may file a reply by October 8, 2013.
(v) The hearing on defendants' summary judgment motion will be continued to October 24, 2013, at 10:00 a.m. Any hearing on plaintiffs' counter-motion for summary judgment will be held at the same date and time, October 24, 2013, at 10:00 a.m.

For the reasons stated above, the parties respectfully request that Court adopt the briefing schedule listed above.

IT IS SO STIPULATED.

[PROPOSED] ORDER

Pursuant to the parties' stipulation and good cause having been shown, it is ordered that:

1. The deadline for the parties' joint statement of undisputed facts is extended to August 21, 2013;
2. Plaintiffs' opposition or counter-motion for summary judgment is due by August 30, 2013;
3. Defendants' reply brief is due by September 24, 2013;
4. If plaintiffs file a counter-motion for summary judgment, plaintiffs may file a reply by October 8, 2013; 31
5. The hearing on the defendants' summary judgment motion is continued to October 31, 2013, at 10:00 a.m. Any hearing on plaintiffs' counter-motion for summary judgment will be held at the same date and time, October 31, 2013, at 10:00 a.m..

IT IS SO ORDERED.


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