Guron et al v. Aytes et al
Filing
29
JOINT STIPULATION and ORDER Re: Extension Of Time To File Alien File, Motions For Summary Judgment, Declaration Of Counsel, signed by Judge Oliver W. Wanger on 5/26/2010. ( June 8, 2010: Filing deadline for submission of the certified administrati ve record July 8, 2010: Filing deadline for cross-motions for summary judgment July 29, 2010: Filing deadline for replies in opposition to motions for summary judgment. All other dates to remain as set forth in the February 16, 2010 scheduling order. )(Gaumnitz, R)
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BENJAMIN B. WAGNER United States Attorney AUDREY B. HEMESATH Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2729 Attorneys for Defendants
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SARABJIT GURON, Plaintiff, v. Michael Aytes, et al. Defendants. ) ) ) ) ) ) ) ) ) ) ) 1: 09-cv-867 OWW DLB JOINT STIPULATION AND ORDER RE: EXTENSION OF TIME TO FILE ALIEN FILE, MOTIONS FOR SUMMARY JUDGMENT, DECLARATION OF COUNSEL. Hearing Date: August 23, 2010 Time: 10 a.m. Hon. Oliver W. Wanger
This is an immigration case in which plaintiffs challenge the denial by U.S. Citizenship and Immigration Services' (CIS) of her visa petitions on her husband's behalf. On February 16, 2010, this Court issued a scheduling order setting forth dates for filing the administrative record, summary judgment motions and hearing dates, and trial dates. For the reasons set forth in the attached declaration of counsel, the government has mistakenly failed to timely submit the administrative record, either to this Court or to plaintiff's counsel. Undersigned counsel for the government apologizes for the error and the inconvenience caused to opposing counsel and to the Court. Good cause having been shown, the government requests a two-week extension of time in which to file the certified administrative record, until June 8, 2010. The parties also stipulate that the time for filing motions for summary judgment be extended until July 8, 2010, and the reply date to July 29, 2010. The parties stipulate that the August 23, 2010 hearing date be maintained,
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unless the time between the reply date and the hearing is too short, in which case the hearing date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ORDER 15 Pursuant to this Joint Stipulation and for the reasons stated therein, IT IS HEREBY 16 ORDERED that, good cause having been shown, the summary judgment motions dates be reset 17 as follows: 18 June 8, 2010: Filing deadline for submission of the certified administrative record 19 July 8, 2010: Filing deadline for cross-motions for summary judgment 20 July 29, 2010: Filing deadline for replies in opposition to motions for summary judgment 21 22 All other dates to remain as set forth in the February 16, 2010 scheduling order. 23 24 IT IS SO ORDERED. 25 26 DATED:_5/26/2010_ 27 28 _/s/ OLIVER W. WANGER_________ UNITED STATES DISTRICT JUDGE By: /s/ Robert B. Jobe Robert B. Jobe Attorney for the Plaintiff By: /s/Audrey Hemesath Audrey B. Hemesath Assistant U.S. Attorney Attorneys for the Defendants Dated: May 25, 2010 BENJAMIN B. WAGNER United States Attorney be rescheduled at the Court's convenience.
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DECLARATION 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 /s/ Audrey Hemesath Audrey Hemesath I declare that the foregoing is true and correct under penalty of perjury and that the foregoing was executed in Sacramento, California on May 25, 2010. 1. I am an Assistant United States Attorney, with assigned litigation responsibilities in the case of Sarabjit Guron v. Michael Aytes, 09-cv-F-867. 2. I received an electronic copy of the scheduling order issued in this case on February 16, 2010. 3. On that same date, I followed the procedures established by U.S. Citizenship and Immigration Services for formal requests for alien file certifications. I requested that the file be certified by March 2, 2010. 4. I also annotated in my calendar all the filing dates listed to the right of the case caption on the Court's scheduling order. I neglected, however, to as well annotate the March 31, 2010, deadline for the filing of the administrative record. 5. As such, I neglected to follow up with U.S. Citizenship and Immigration Services to ensure that I did timely receive the alien file, and I neglected to file the file either with the Court or submit a copy to opposing counsel. 6. It was not until I began to prepare for the May 28, 2010 summary judgment filing deadline that I became aware of the missed deadline for filing the administrative record. 7. Upon learning of the omission, I immediately contacted U.S. Citizenship and Immigration Services, and file production is being expedited. As well I contacted opposing counsel, who advised of his non-opposition to the extension of time made necessary by this mistake. 8. I am sincerely apologetic for the inconvenience caused by this error, and I will take greater care in the future in annotating all filing deadlines associated with the Court's scheduling orders. I, Audrey Hemesath, declare and state as follows:
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