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TONY WEST

 Assistant Attorney General

JOHN R. TYLER

 Assistant Branch Director

ERIC B. BECKENHAUER, CSBN 237526

 Trial Attorney

 U.S. Department of Justice

 Civil Division, Federal Programs Branch

 20 Massachusetts Ave. NW

 Washington, DC 20530

 Telephone: (202) 514-3338

 Facsimile: (202) 616-8470

 E-mail: eric.beckenhauer@usdoj.gov

Attorneys for Defendants

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

NATIONAL LAWYERS’ GUILD SAN

FRANCISCO CHAPTER, et al.,

Plaintiffs,

v.

U.S. DEPARTMENT OF HOMELAND

SECURITY, et al.,

Defendants. /

No. C 08-5137 RS

JOINT STATUS REPORT

AND STIPULATION TO STAY

PROCEEDINGS; AND [PROPOSED]

ORDER

WHEREAS, in an effort to narrow the issues before the Court,

1. The parties have entered into a series of stipulations to stay proceedings since April

24, 2010, to allow Defendants to conduct secondary searches and process potentially responsive

records, and to allow the parties to confer in an effort to resolve Plaintiffs’ claims without the

Court’s intervention. On October 30, 2009, as a result of those negotiations, Plaintiffs stipulated that

they did not contest the adequacy of the searches performed by Defendants DHS, DHS-OIG, or

CIS, or the propriety of the withholdings made by DHS-OIG; accordingly, pursuant to Rule

41(a)(1)(A)(ii), the parties filed a stipulation of dismissal of this action with prejudice with respect

NO. C 08-5137 RS

JOINT STATUS REPORT AND STIPULATION TO STAY PROCEEDINGS 1

*E-Filed 5/3/10*

Case 3:08-cv-05137-RS Document 41 Filed 05/03/10 Page 1 of 5
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to those Defendants. Negotiations continued with respect to the remaining Defendants: CBP,

EOIR, and ICE. On February 2, 2010, the Court approved the parties’ stipulation (a) to further stay

proceedings through and including April 30, 2010; and (b) to submit a joint report advising the

Court on the status of negotiations and processing, and/or a stipulation proposing a schedule to

govern further proceedings, no later than April 30, 2010; and

2. CBP has provided Plaintiffs with a letter describing the scope of its search and a

preliminary, partial Vaughn index explaining the bases for its withholdings; Plaintiffs have

responded with several objections and/or requests for clarification; and the parties have continued

to confer to discuss the scope of CBP’s search and the propriety of its withholdings. Plaintiffs are

not yet prepared to stipulate to the adequacy of CBP’s search or the propriety of its withholdings;

however, further negotiation may eliminate the need for judicial resolution of these issues; and

3. EOIR has provided Plaintiffs with a letter describing the scope of its search and with

preliminary, partial Vaughn indexes explaining the bases for its withholdings. In an attempt to

further narrow the issues before the Court, and perhaps to resolve Plaintiffs’ claims without the

Court’s intervention, the parties have agreed that:

a. By May 15, 2010, Plaintiffs will respond with a letter that either (i) stipulates

that Plaintiffs do not contest the adequacy of the search; or (ii) states that

Plaintiffs believe that the search was inadequate, and identifies any

objection(s) with specificity; and

b. By June 30, 2010, Plaintiffs will respond with a letter that, with respect to

each of the withholdings explained in the preliminary, partial Vaughn

indexes, either (i) stipulates that Plaintiffs do not contest the propriety of the

withholding; or (ii) states that Plaintiffs believe that the withholding was

improper, and identifies their objection(s) with specificity; and

c. By August 15, 2010, the parties will confer to determine how to proceed with 

Plaintiffs’ claims challenging the adequacy of EOIR’s search and the

propriety of its withholdings; and

NO. C 08-5137 RS

JOINT STATUS REPORT AND STIPULATION TO STAY PROCEEDINGS 2

Case 3:08-cv-05137-RS Document 41 Filed 05/03/10 Page 2 of 5
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4. ICE has confirmed that its processing of the approximately 24,000 pages of

potentially responsive records located during its secondary search is complete. In an attempt to

further narrow the issues before the Court, and perhaps to resolve Plaintiffs’ claims without the

Court’s intervention, the parties have agreed that:

a. By June 30, 2010, ICE will provide Plaintiffs with a letter that describes the

scope of its search for responsive records;

b. By July 30, 2010, Plaintiffs will respond with a letter that either (i) stipulates

that Plaintiffs do not contest the adequacy of the search; or (ii) states that

Plaintiffs believe that the search was inadequate, and identifies any

objection(s) with specificity; and

c. By August 15, 2010, the parties will confer in an effort to determine how to

proceed with respect to Plaintiffs’ claims challenging the adequacy of ICE’s

search; and

5. Further, with respect to records that Defendant ICE has withheld as exempt from

disclosure:

a. By letter dated April 1, 2010, Plaintiffs identified those records that they

contend ICE improperly withheld (in whole or in part) under the FOIA and

for which Plaintiffs request a Vaughn index; and

b. Plaintiffs have stipulated that they do not contest the propriety of the

withholdings in any other record that ICE has produced; and

c. The parties have agreed that, by May 31, 2010, ICE will provide Plaintiffs

with a preliminary, partial Vaughn index explaining the bases for the

withholdings that Plaintiffs contest; and

d. By July 30, 2010, Plaintiffs will respond with a letter that, with respect to

each of the withholdings explained in the preliminary, partial Vaughn index,

either (i) stipulates that Plaintiffs do not contest the propriety of the

withholding; or (ii) states that Plaintiffs believe that the withholding was

improper, and identifies their objection(s) with specificity; and

NO. C 08-5137 RS

JOINT STATUS REPORT AND STIPULATION TO STAY PROCEEDINGS 3

Case 3:08-cv-05137-RS Document 41 Filed 05/03/10 Page 3 of 5
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e. By August 15, the parties will confer to determine how to proceed with 

Plaintiffs’ claims challenging the propriety of ICE’s withholdings; and

WHEREAS it would minimize litigation costs and conserve judicial resources to stay

further proceedings in this case to permit the above-mentioned negotiations to continue, and to

permit the parties to confer further as described above;

IT IS HEREBY AGREED AND STIPULATED by and between the parties, through

undersigned counsel, subject to the approval of the Court, that:

1. Further proceedings in this case are stayed for a period of approximately 4 months

through and including August 31, 2010; and

2. No later than August 31, 2010, the parties shall submit a joint report advising the

Court on the status of the above-mentioned negotiations and processing and/or a

stipulation proposing a schedule to govern further proceedings.

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NO. C 08-5137 RS

JOINT STATUS REPORT AND STIPULATION TO STAY PROCEEDINGS 4

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Dated: April 30, 2010

Respectfully submitted,

 /s/ Jennifer Lee Koh JENNIFER LEE KOH

JAYASHRI SRIKANTIAH

IMMIGRANTS’ RIGHTS CLINIC

STANFORD LAW SCHOOL

559 Nathan Abbott Way

Stanford, CA 94305

Tel: (650) 724-2442

Fax: (650) 723-4426

LINTON JOAQUIN

KAREN TUMLIN

NATIONAL IMMIGRATION 

LAW CENTER

3435 Wilshire Boulevard, Suite 2850

Los Angeles, CA 90010

Tel: (213) 639-3900

Fax: (213) 639-3911

JARED KOPEL

LISA A. DAVIS

DOMINIQUE-CHANTALE ALEPIN

WILSON SONSINI GOODRICH &

ROSATI

Professional Corporation 

650 Page Mill Road

Palo Alto, CA 94304-1050

Tel: (650) 493-9300

Fax: (650) 565-5100

Attorneys for Plaintiffs

TONY WEST

 Assistant Attorney General

JOHN R. TYLER

 Assistant Branch Director

 /s/ Eric B. Beckenhauer ERIC B. BECKENHAUER, CSBN 237526

 Trial Attorney

 U.S. Department of Justice

 Civil Division, Federal Programs Branch

 20 Massachusetts Ave. NW

 Washington, DC 20530

 Telephone: (202) 514-3338

 Facsimile: (202) 616-8470

 E-mail: eric.beckenhauer@usdoj.gov

Attorneys for Defendants

SIGNATURE ATTESTATION

In accordance with General Order 45(X), I hereby attest that I have obtained Jennifer Lee

Koh’s concurrence in the filing of this document.

 /s/ Eric B. Beckenhauer ERIC B. BECKENHAUER

[PROPOSED] ORDER

Pursuant to stipulation, IT IS SO ORDERED.

Dated: ________________________ RICHARD SEEBORG

United States District Judge

NO. C 08-5137 RS

JOINT STATUS REPORT AND STIPULATION TO STAY PROCEEDINGS 5

5/3/10

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