Free Motion to Shorten Time - District Court of California - California

Case 3:07-cv-04472-CRB

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Robert P. Charrow (CA SBN 44962) Laura M. Klaus (DC SBN 294272) (Pro Hac to be Filed) GREENBERG TRAURIG, LLP 800 Connecticut Avenue, N.W., Ste. 500 Washington, D.C. 20006 Telephone: (202) 533-2396 Facsimile: (202) 261-0164 Email: [email protected] Email: [email protected] William J. Goines (SBN 61290) Karen Rosenthal (SBN 209419) Cindy Hamilton (SBN 217951) GREENBERG TRAURIG, LLP 1900 University Avenue, Fifth Floor East Palo Alto, CA 94303 Telephone: (650) 328-8500 Facsimile: (650) 328-8508 Email: [email protected] [email protected] Attorneys for Plaintiff-Intervenors UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATION; SAN FRANCISCO LABOR COUNCIL; SAN FRANCISCO BUILDING AND CONSTRUCTION TRADES COUNCIL; and CENTRAL LABOR COUNCIL OF ALAMEDA COUNTY, Plaintiffs; v. MICHAEL CHERTOFF, Secretary of Homeland Security; DEPARTMENT OF HOMELAND SECURITY; JULIE MYERS, Assistant Secretary of Homeland Security; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT; MICHAEL ASTRUE, Commissioner of Social Security; and SOCIAL SECURITY ADMINISTRATION, Defendants. Case No. C07-04472 CRB

PROPOSED PLAINTIFF INTERVENOR'S NOTICE OF MOTION AND MOTION FOR ORDER SHORTENING TIME FOR HEARING ON PROPOSED PLAINTIFF INTERVENORS MOTION TO INTERVENE; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF CINDY HAMILTON Date: Time: Dept.: Judge: September 14, 2007 10:00 am Courtroom 10 The Honorable Judge Breyer

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NOTICE OF MOTION PLEASE TAKE NOTICE THAT, pursuant to Civil L.R. 6-1(b) and Civil L.R. 6-3, Proposed Plaintiff Intervenors San Francisco Chamber of Commerce, Chamber of Commerce of the United States of America, Golden Gate Restaurant Association, National Roofing Contractors Association, American Nursery & Landscape Association, International Franchise Association, and the United Fresh Produce Association (collectively, "Proposed Plaintiff Intervenors") hereby move this Court for entry of an order shortening the time for a hearing on Proposed Plaintiffs' Motion To Intervene ("Motion to Intervene"). Pursuant to Civil L.R. 6-3(c), a party who opposes a motion to shorten time must file its opposition, if any, no later than the third court day after receiving this motion. PLEASE TAKE FURTHER NOTICE THAT the hearing on the Motion to Intervene has not yet been scheduled. Defendants request that the hearing be set for September 14, 2007, at a time convenient to the Court, or another date and time as soon as practical for the Court. // // //

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PLEASE TAKE FURTHER NOTICE THAT this motion will be based on this Notice of Motion and Motion, the accompanying Memorandum of Points and Authorities, the concurrentlyfiled Declaration of Cindy Hamilton and exhibits thereto, all papers and pleadings on file in this action, and any argument this Court may hold. Dated: September 7, 2007 GREENBERG TRAURIG, LLP

By: /s/ Cindy Hamilton Robert P. Charrow William J. Goines Karen Rosenthal Cindy Hamilton Of Counsel: Robin S. Conrad (DC SBN 342774) Shane Brennan (DC SBN 456402) National Chamber Litigation Center, Inc. 1615 H Street, N.W. Washington, D.C. 20062 Telephone: (202) 463-5337 Facsimile: (202) 463-5346 Email: [email protected] Attorneys for Plaintiff-Intervenors

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MEMORANDUM OF POINTS AND AUTHORITIES INTRODUCTION AND FACTUAL BACKGROUND Proposed Plaintiff Intervenors move, pursuant to Civil L.R. 6-3, for an order shortening the time for a hearing on the Motion to Intervene. Proposed Plaintiff Intervenors' Motion to Intervene is unopposed. The Court's authority to shorten time or otherwise modify requested time changes is set forth in Civil L.R. 6-3(d). On August 29, 2007, Plaintiffs American Federation of Labor and Congress of Industrial Organizations, San Francisco Labor Council, San Francisco Building and Construction Trades Council, and the Central Labor Council of Alameda County (collectively, "Plaintiffs") filed a Complaint for Declaratory and Injunctive Relief against Defendants Michael Chertoff, Secretary of Homeland Security; Department of Homeland Security; Julie Myers, Assistant Secretary of Homeland Security; U.S. Immigration and Customs Enforcement; Michael Astrue, Commissioner of Social Security, and the Social Security Administration (collectively, "Defendants"). Plaintiffs' lawsuit relates to the Final Rule issued by Homeland Security on August 15, 2007 requiring businesses to resolve non-matching social security numbers within 30 days upon notification from the Social Security Administration, following which employees are given 93 days to resolve the issue or risk termination. On August 29, 2007, Plaintiffs also filed a Motion for a Motion for Temporary Restraining Order, which came for hearing before Judge Chesney on August 31, 2007. Judge Chesney entered a temporary restraining order prohibiting the Defendants from implementing the Final Rule and establishing a briefing schedule for motions for preliminary injunction. Under that briefing schedule, motions for preliminary injunction and supporting documents are due on September 11, 2007, Defendants' response is due on September 18, 2007, a reply is due on September 25, 2006, and the motion will be heard on October 1, 2007, at 2:30 pm. II. ARGUMENT The Proposed Plaintiff-Intervenors seek to intervene in the action as plaintiffs to challenge the Final Rule issued by the Secretary of Homeland Security. Specifically, Proposed PlaintiffIntervenors seek to participate in the Preliminary Injunction hearing set for October 1, 2007. With
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the September 11, 2007 deadline to file a preliminary injunction motion and supporting paperwork only two business days from the filing date of this motion, Proposed Plaintiff-Intervenors request that this Court shorten time to hear Proposed Plaintiff Intervenors' Motion to Intervene to Friday, September 14, 2007. This is the first available hearing date on the Court's calendar. Proposed Plaintiff-Intervenors Motion to Intervene and Proposed Complaint in intervention are filed concurrently with this motion. Proposed Plaintiff-Intervenors seek to participate in the Preliminary Injunction hearing; Proposed Plaintiff-Intervenors' Motion for Preliminary Injunction has been prepared and will be ready to file in time for the Court's September 11, 2007 briefing schedule. An expedited hearing of Proposed Plaintiff-Intervenors' motion to intervene therefore will not affect the schedule for this case. If Proposed Plaintiff-Intervenors are not permitted to intervene in this action on an expedited basis, they will be greatly prejudiced if prevented from participating in the Motion for Preliminary Injunction, in which Proposed Plaintiff-Intervenors seek to challenge the Final Rule issued by the Secretary of Homeland Security. Proposed Plaintiff-Intervenors do not seek to change the preliminary injunction briefing schedule. This motion is Proposed Plaintiff-Intervenors' first appearance in this case; therefore no previous time modifications have been requested. // // //

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III.

CONCLUSION Proposed Plaintiff-Intervenors respectfully request that the Court shorten time to hear

Proposed Plaintiff-Intervenors' Motion to Intervene to Friday, September 14, 2007. Dated: September 7, 2007 GREENBERG TRAURIG, LLP

By: /s/ Cindy Hamilton Robert P. Charrow William J. Goines Karen Rosenthal Cindy Hamilton Of Counsel: Robin S. Conrad (DC SBN 342774) Shane Brennan (DC SBN 456402) National Chamber Litigation Center, Inc. 1615 H Street, N.W. Washington, D.C. 20062 Telephone: (202) 463-5337 Facsimile: (202) 463-5346 Email: [email protected] Attorneys for Plaintiff-Intervenors

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DECLARATION OF CINDY HAMILTON I, Cindy Hamilton, declare as follows: 1. I am an attorney at law duly licensed to practice in all of the courts of the State of

California, and am an Associate with the law firm, Greenberg Traurig, LLP, one of the attorneys of record for Proposed Plaintiff-Intervenors San Francisco Chamber of Commerce, Chamber of Commerce of the United States of America, Golden Gate Restaurant Association, National Roofing Contractors Association, American Nursery & Landscape Association, International Franchise Association, and the United Fresh Produce Association. 2. Unless expressly otherwise stated, I have personal knowledge of the matters stated

herein and could competently testify thereto in a court of law. 3. This declaration is made pursuant to Civil L.R. 6-3(a) and in support of Proposed

Plaintiff-Intervenors' Motion for Order Shortening Time For Hearing On Proposed PlaintiffIntervenors' Motion to Intervene. Reasons for Requesting Shortened Time Proposed Plaintiff-Intervenors request an expedited hearing on the Motion to

Intervene because Proposed Plaintiff-Intervenors seek to participate in the Preliminary Injunction hearing set for October 1, 2007. With the September 11, 2007 deadline to file a preliminary injunction motion and supporting paperwork only two business days from the filing date of this motion, Proposed Plaintiff-Intervenors request that this Court shorten time to hear Proposed Plaintiff Intervenors' Motion to Intervene to Friday, September 14, 2007. Efforts Made to Stipulate to Shortening Time 5. I was cc'ed on an email sent at approximately 2:20 pm on September 7, 2007 by

Proposed Plaintiff Intervenors counsel Robert Charrow to lead attorney for Plaintiffs Scott Alan Kronland inquiring whether our motion to shorten time would be opposed. Mr. Kronland confirmed via email on which I was cc'ed that he did not oppose the request to shorten time. I was also cc'ed on an email sent at approximately 2:20 pm on September 7, 2007 by Robert Charrow to counsel for Defendants Daniel Bensing of the Department of Justice inquiring whether our motion to shorten time would be opposed. As of the time of this filing, I did not receive a response confirming that Mr.
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Bensing did not oppose the request to shorten time. Substantial Harm Will Occur If the Court Does Not Shorten Time 6. If the Motion to Intervene is not heard on an expedited basis, Proposed Plaintiff-

Intervenors will not be permitted to participate in the Preliminary Injunction hearing scheduled for October 1, 2007, and Proposed Plaintiff-Intervenors would therefore miss their opportunity to challenge the Final Rule issued by the Secretary of Homeland Security. Nature of the Underlying Dispute Addressed in the Motion to Intervene 7. The Proposed Plaintiff-Intervenors seek to intervene in the action as plaintiffs to

challenge the Final Rule issued by the Secretary of Homeland Security. Disclosure of Any Previous Time Modifications 8. court order. Effect of the Requested Time Modification on the Case Schedule 9. Advancing the hearing date on the Motion to Intervene will not adversely affect the There have been no previous time modifications in this action, either by stipulation or

progression of this case, as the Motion to Intervene is unopposed. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 7th day of September, 2007 in East Palo Alto, California. /s/ Cindy Hamilton Cindy Hamilton

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ATTESTATION CLAUSE I, Karen Rosenthal, am the ECF User whose ID and password are being used to file this PROPOSED PLAINTIFF INTERVENOR'S NOTICE OF MOTION AND MOTION FOR ORDER SHORTENING TIME FOR HEARING ON PROPOSED PLAINTIFF

INTERVENORS MOTION TO INTERVENE; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF CINDY HAMILTON. In compliance with General Order 45, X.B., I hereby attest that Cindy Hamilton has concurred in this filing.

GREENBERG TRAURIG LLP

By: /s/ Karen Rosenthal Karen Rosenthal

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CERTIFICATE OF SERVICE I hereby certify that on September 7, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses denoted below: Ana L. Avendano AFL-CIO [email protected] James B. Coppess AFL-CIO [email protected] Linda Lye Altshuler Berzon LLP [email protected] Stephen P. Berzon Altshuler Berzon LLP [email protected] Danielle Evelyn Leonard Altshuler Berzon LLP [email protected] Jonathan David Weissglass Altshuler Berzon, LLP [email protected] Scott Alan Kronland Altshuler Berzon LLP [email protected] David Albert Rosenfeld Manjari Chawla Weinberg Roger & rosenfeld [email protected]

Alan Lawrence Schlosser ACLU Foundation of Northern California [email protected] Julia Harumi Mass, Esq. American Civil Liberties Union of Northern California [email protected] Lucas Guttentag ACLU Immigrants' Rights Project [email protected] Monica Teresa Guizar National Immigration Law Center [email protected] Omar C. jadwat ACLu Immigrants Rights Project [email protected] Jonathan Unruh Lee U.S. Attorneys Office [email protected]

Jennifer C. Chang ACLU Immigrants' Rights Project [email protected] Linton Joaquin National Immigration law Center [email protected] Marielena Hincapie National Immigration Law Center [email protected] Monica Maria Ramirez ACLU Immigrants RightsProject [email protected] Daniel Benzing U.S. Dept. of Justice [email protected]

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NOTICE OF MOTION AND MOTION TO SHORTEN TIME TO HEAR MOTION TO INTERVENE 5 CASE NO. 3:07CV04472 CRB_______________

By: /s/ Karen Rosenthal Karen Rosenthal

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