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JOINT STIPULATION TO RESET ANSWER DATE; ORDER 

USDC Case No. CV-08-4220 RS 

JOSEPH P. RUSSONIELLO, CSBN 44332

United States Attorney

JOANN M. SWANSON, CSBN 88143

Assistant United States Attorney

Chief, Civil Division

ILA C. DEISS, NY SBN 3052909

Assistant United States Attorney

450 Golden Gate Avenue, Box 36055

San Francisco, California 94102

Telephone: (415) 436-7124

FAX: (415) 436-7169

Attorneys for the United States and

Defendants Huelga and Merendino

MICHAEL F. HERTZ

Deputy Assistant Attorney General

DAVID J. KLINE

Director

COLIN A. KISOR

Trial Attorney

Office of Immigration Litigation

District Court Section

P.O. Box 868 Ben Franklin Station

Washington D.C., 20044

Telephone: (202) 532-4331

FAX: (202) 305-7000

Attorneys for the United States

 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

COMMITTEE FOR IMMIGRANT

RIGHTS OF SONOMA COUNTY, et al.,

Plaintiffs,

v.

COUNTY OF SONOMA, et al.,

Defendants.

/

No. CV-08-4220-RS 

JOINT STIPULATION TO RESET THE

DEFENDANTS’ ANSWER DATE;

ORDER 

Through their respective counsel, the parties hereby agree and stipulate as follows:

1. On March 10, 2010, the Oakland Division of this Court, the Honorable Phyllis

Hamilton presiding, entered an Order (Docket No. 164) granting in part and denying in

*E-Filed 03/18/2010*

Case 3:08-cv-04220-RS Document 167 Filed 03/18/10 Page 1 of 3
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JOINT STIPULATION TO RESET ANSWER DATE; ORDER 

USDC Case No. CV-08-4220 RS 2

part the Federal and County Defendants’ motions to dismiss the Second Amended

Complaint (“SAC”); that Order did not expressly require Plaintiffs to amend the SAC,

nor did it set a date on which Answers were due.

2. Accordingly, pursuant to Federal Rule of Civil Procedure 12(a)(4)(A), the Federal and

County Defendants’ believe that their respective Answers to the SAC are currently due

to be filed and served on March 24, 2010. 

3. The Defendants request, and Plaintiffs agree to extend the deadline for the responsive

pleading forty-five (45) days, to May 10, 2010, within which the Defendants must file

and serve their respective Answers to the SAC, barring other intervening orders from

the Court. 

4. The parties agree that the scheduling or preparation of the Answers will have no effect

on the scheduling of other aspects of the proceedings, and shall not impact the timing

of, or any party's ability to propound or duty to respond to, discovery in any way.

5. Notwithstanding the foregoing, County Defendants have indicated their intent to seek

leave of Court to file a motion to reconsider/clarify the Order re Motions to Dismiss,

and also seek a temporary protective order with respect to discovery pursuant to the

provisions of Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009); this stipulation is entered into

without prejudice to seek and obtain such relief.

Dated: March 18, 2010 STEVEN M. WOODSIDE, County Counsel

By___s/s Anne L. Keck______________

Anne L. Keck

 Deputy County Counsel

Attorneys for Defendants the County of Sonoma, SheriffCoroner William Cogbill, and Deputy Sheriff Morris Eric

Salkin

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JOINT STIPULATION TO RESET ANSWER DATE; ORDER 

USDC Case No. CV-08-4220 RS 3

Dated: March 18, 2010 JOSEPH P. RUSSONIELLO

United States Attorney

By___s/s Ila C. Deiss________________

 Ila C. Deiss

Assistant United States Attorney

Attorneys for Defendants U.S. Department of Homeland

Security, Bureau of Immigration and Customs

Enforcement; Special Agent Mario Huelga; and Special

Agent Chris Merendino

Dated: March 18, 2010 MICHAEL F. HERTZ

Deputy Assistant Attorney General, Civil Division

By___s/s Colin Kisor__________________

Colin Kisor

Trial Attorney

U.S. DOJ, Office of Immigration Litigation

Attorneys for Defendant U.S. Department of Homeland

Security, Bureau of Immigration and Customs

Enforcement

Dated: March 18, 2010 LATHAM & WATKINS LLP

By:___s/s Melissa N. Chan__________

Alfred C. Pfeiffer, Jr.

Melissa N. Chan

AMERICAN CIVIL LIBERTIES UNION

FOUNDATION OF NORTHERN CALIFORNIA 

 

By:__s/s Julia Harumi Mass_________

 Julia Harumi Mass

Attorneys for Plaintiffs

ORDER

 PURSUANT TO THE FOREGOING STIPULATION, IT IS SO ORDERED.

Date: ______________________________

RICHARD SEEBORG

United States District Judge

03/18/2010

Case 3:08-cv-04220-RS Document 167 Filed 03/18/10 Page 3 of 3