Free Case Management Statement - District Court of California - California

Case 3:07-cv-05042-EDL

Document 9

Filed 03/04/2008

Page 1 of 4

1 2 3 4 5 6 7

JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division MELANIE L. PROCTOR (CSBN 228971) [email protected] Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-6730 FAX: (415) 436-7169 Attorneys for Defendants

8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 HUEY-CHIANG LIOU, 12 Plaintiff, 13 v. 14 15 16 17 18 19 20 Defendants 21 22 The parties, by and through their attorneys of record, hereby respectfully submit this Joint 23 Case Management Statement. The parties respectfully request the Court to adopt the schedule set 24 forth below without need for a Case Management Conference. 25 1. Jurisdiction and Service: There are no issues concerning personal jurisdiction or venue. 26 27 28
*Pursuant

MICHAEL B. MUKASEY,* United States Attorney General; EMILIO GONZALEZ, Director, U.S. Citizenship and Immigration Services; JOSEPH P. RUSSONIELLO, United States Attorney, California Northern District; ROSEMARY MELVILLE, San Francisco District Director, U.S. Citizenship and Immigration Services; ROBERT S. MUELLER, Director of Federal Bureau of Investigation,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. C 07-5042 EDL

JOINT CASE MANAGEMENT STATEMENT; PROPOSED ORDER Date: March 11, 2008 Time: 10:00 a.m. Courtroom: E Honorable Elizabeth D. Laporte

to Fed. R. Civ. P. 25(d)(1), Michael B. Mukasey is substituted for his predecessor, Alberto Gonzales, as the United States Attorney General, and Joseph P. Russoniello is substituted for his predecessor, Scott Schools, as United States Attorney.
JOINT CASE MANAGEMENT STATEMENT No. C 07-5042 EDL

Case 3:07-cv-05042-EDL

Document 9

Filed 03/04/2008

Page 2 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Plaintiff brought this Complaint under 28 U.S.C. §§ 1331, 1362, and 2201, the Administrative Procedure Act, and 8 U.S.C. § 1447(b). All parties have been served. 2. Facts: On July 10, 2002, Plaintiff applied for naturalization. On March 12, 2003, Plaintiff was interviewed by the U.S. Citizenship and Immigration Services. On October 1, 2007, Plaintiff filed the instant Complaint. Defendants answered on December 4, 2007. 3. Legal Issues: The principal legal issue the parties dispute is whether the Court should render a decision on Plaintiff's naturalization application in the absence of a completed name check. 4. Motions: Defendants will file a motion to remand this matter to the U.S. Citizenship and Immigration Services. 5. Amendment of Pleadings: None. 6. Evidence Preservation: None. 7. Disclosures: The parties agree that this Court's review will be confined to the administrative record and therefore this proceeding is exempt from the initial disclosure requirements under Fed. R. Civ. P. 26. 8. Discovery: There has been no discovery to date and the parties believe this matter can be resolved without discovery. No experts will be designated. 9. Class Actions: Not applicable. 10. Related Cases: None. 11. Relief: Plaintiff asks that the Court hear his case and render a judgment that he is entitled to be naturalized and ask for an award of attorneys' fees. This case does not involve damages. 12. Settlement and ADR: The parties filed a Joint Request to Be Exempt From Formal ADR on December 19, 2007. 13. Consent to Magistrate Judge for All Purposes: The parties have consented to assignment of this case to a United States Magistrate Judge. 14. Other References: None. 15. Narrowing of Issues: None. 16. Expedited Schedule: The parties believe this matter can be solved through motions. 17. Scheduling: The parties suggest the following dates:
JOINT CASE MANAGEMENT STATEMENT No. C 07-5042 EDL

2

Case 3:07-cv-05042-EDL

Document 9

Filed 03/04/2008

Page 3 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// /// /// ///

Last day for Defendants to file Motion to Remand: April 1, 2008 Last day for Plaintiff to file Opposition: Last day for Defendants to Reply: April 15, 2008 April 22, 2008

The parties request the Court to take the matter under submission without oral argument. Should the Court prefer oral argument, the parties respectfully suggest the following date: May 6, 2008, at 9:00 a.m. 18. Trial: Should the Court deny the motion to remand, the parties request the court to schedule a further case management conference to schedule a hearing date on Plaintiff's application for naturalization. 19. Disclosure of Non-party Interested Entities or Persons: None. 20. Such other matters as may facilitate the just, speedy and inexpensive disposition of this matter: None. Dated: March 4, 2008 Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney /s/ MELANIE L. PROCTOR1 Assistant United States Attorney Attorneys for Defendants Dated: March 3, 2008 /s/ CINDY S. YAU Attorneys for Plaintiff

I, Melanie L. Proctor, hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document.
JOINT CASE MANAGEMENT STATEMENT No. C 07-5042 EDL

1

3

Case 3:07-cv-05042-EDL

Document 9

Filed 03/04/2008

Page 4 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Date:

PROPOSED ORDER Pursuant to stipulation, IT IS SO ORDERED. The Case Management Conference is hereby VACATED. The Joint Case Management Statement is hereby adopted as the Case Management Order for the case, and the parties are ordered to comply with this Order.

ELIZABETH D. LAPORTE United States Magistrate Judge

JOINT CASE MANAGEMENT STATEMENT No. C 07-5042 EDL

4