Free Stipulation - District Court of California - California

Case 5:07-cv-03456-RMW

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Filed 10/04/2007

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SCOTT N. SCHOOLS (SC 9990) 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) 436-6927 Attorneys for Respondent

8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On July 2, 2007, Petitioner filed a Petition for Disclosure of Certain Records Held by the Department of Homeland Security. Petitioner did not serve the United States Attorney's Office with the Petition. On July 16, 2007, the Court issued an Order to Show Cause; however, the U.S. Attorney's Office did not receive a copy. On September 19, 2007, the Court ordered the United States to produce the requested documents, and appear for an in camera hearing on October 26, 2007. On September 26, 2007, the U.S. Attorney's Office learned of the matter; counsel for Respondent entered her appearance the following day. The parties have discussed the law applicable to the case. Subject to approval of the Court, the parties hereby stipulate to the following: ///
STIPULATION No. C 07-03456 RMW

) ) Petitioner, ) ) ) v. ) ) UNITED STATES DEPARTMENT OF HOMELAND SECURITY, CITIZENSHIP ) ) AND IMMIGRATION SERVICES, ) ) Respondent. ) MARK HAWKE,

No. C 07-03456 RMW

STIPULATION; [PROPOSED] ORDER

Case 5:07-cv-03456-RMW

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Filed 10/04/2007

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1.

The Court's order dated September 19, 2007, and the hearing date on

October 26, 2007, shall be vacated. 2. This matter shall be held in abeyance pending the following: a. b. Petitioner will prepare and submit a proper Touhy request to Respondent. If Petitioner disagrees with Respondent's answer to his request, he will

exhaust his administrative remedies and seek review of the agency decision in accord with the Administrative Procedure Act ("APA"). The instant petition may be amended to state a claim under the APA. 3. petition. Dated: October 4, 2007 Respectfully Submitted, SCOTT N. SCHOOLS United States Attorney /s/ MELANIE L. PROCTOR1 Assistant U.S. Attorney Attorneys for Respondent Dated: October 4, 2007 Petitioner shall have 60 days from the date of a final agency action to amend his

17 18 19 20 21 22 23 24 25 26 27 28 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.
STIPULATION No. C 07-03456 RMW
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/s/ DAVID J. LUCA Attorney for Petitioner ORDER The Court's Order dated September 19, 2007 and the October 26, 2007 hearing are hereby VACATED. This action shall be held in abeyance. Dated: RONALD M. WHYTE United States District Judge

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