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Habeas Corpus Resource Center v. United States Department of Justice

United States District Court, N.D. California

March 6, 2014

Habeas Corpus Resource Center and the Office of the Federal Public Defender for the District of Arizona, Plaintiffs,
v.
United States Department of Justice and Eric H. Holder, in his official capacity as United States Attorney General, Defendants.

GEORGE E. GREER, (admitted pro hac vice), DARREN S. TESHIMA, CATHERINE Y. LUI, MARC R. SHAPIRO, (admitted pro hac vice), SHANNON C. LEONG, ORRICK, HERRINGTON & SUTCLIFFE LLP, San Francisco California, Attorneys for Plaintiffs, Habeas Corpus Resource Center and the Office of the Federal Public Defender for the District of Arizona.

STUART F. DELERY, MELINDA HAAG, ANTHONY J. COPPOLINO, JACQUELINE COLEMAN SNEAD, United States Department of Justice, Attorneys for Defendants.

STIPULATION AND PROPOSED ORDER TO VOLUNTARILY DISMISS PLAINTIFFS' FIFTH CLAIM WITHOUT PREJUDICE AND ESTABLISH SUMMARY JUDGMENT BRIEFING SCHEDULE ON REMAINING CLAIMS

CLAUDIA WILKEN, District Judge.

Plaintiffs Habeas Corpus Resource Center and the Office of the Federal Public Defender for the District of Arizona (collectively, "Plaintiffs"), and Defendants, the Department of Justice and Eric H. Holder, Jr., United States Attorney General (collectively, "Defendants"), by and through their counsel, have conferred and agreed to the following stipulation:

1. On January 21, 2013, Defendants filed a Motion to Dismiss Plaintiffs' Fifth Cause of Action. After conferring on how to resolve this litigation as quickly and efficiently as possible, the parties have agreed that Plaintiffs will dismiss their Fifth Cause of Action without prejudice, Defendants will withdraw their motion to dismiss, and the parties will proceed with summary judgment briefing without discovery on Plaintiffs' remaining causes of action.

2. The parties further agree to the following briefing schedule for summary judgment motions:

• Plaintiffs' motion for summary judgment will be due April 21, 2014;
• Defendants' opposition and cross-motion will be due May 21, 2014;
• Plaintiffs' reply and opposition will be due June 20, 2014;
• Defendants' reply will be due June 30, 2014; and
• The hearing on the parties' cross-motions will be July 31, 2014, or on a date convenient to the Court.

IT IS SO STIPULATED.

PROPOSED ORDER

Pursuant to the stipulation, Plaintiffs' Fifth Cause of Action is dismissed without prejudice; Defendants' Motion to Dismiss Plaintiffs' Fifth Cause of Action is withdrawn; and the parties shall file cross-motions for summary judgment in accordance with the following schedule:

• Plaintiffs' motion for summary judgment is due on or before April 21, 2014;
• Defendants' opposition and cross-motion is due on or before May 21, 2014;
• Plaintiffs' reply and opposition is due on or before June 20, 2014;
• Defendants' reply is due on or before June 30, 2014; and
• The hearing on the parties' cross-motions will be July 31, 2014 at 2:00 p.m., or on a date convenient to the Court.

IT IS SO ORDERED.


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