Free Motion for Miscellaneous Relief - District Court of California - California

Case 3:07-cv-04472-CRB

Document 17

Filed 08/31/2007

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PETER D. KEISLER Assistant Attorney General SANDRA SCHRAIBMAN DANIEL E. BENSING (D.C. Bar No. 334268) Attorneys, U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., N.W., Room 6114 Washington, D.C. 20001 Telephone: (202) 305-0693 Facsimile: (202) 616-8460 SCOTT N. SCHOOLS (S.C. BN 9990) United States Attorney JOANN M. SWANSON (SBN 88143) Chief, Civil Division JONATHAN U. LEE (SBN 148792) Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, California 94102 Telephone: (415) 436-6909 Facsimile: (415) 436-6748 Email: [email protected] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS, et al. Plaintiffs, v. MICHAEL CHERTOFF, Secretary of Homeland Security, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C 07-4472 CRB UNOPPOSED MOTION FOR PERMISSION TO APPEAR AT HEARING TELEPHONICALLY, PER STIPULATION OF THE PARTIES; PROPOSED ORDER Date: August 31, 2007 Time: 3:00 p.m. Place: Courtroom 7, 19th Floor 450 Golden Gate Avenue San Francisco, CA Judge: Hon. Maxine M. Chesney

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MOTION FOR TELEPHONIC APPEARANCE; PROPOSED ORDER -1C 07-4472 CRB

Case 3:07-cv-04472-CRB

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Filed 08/31/2007

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TO THE PARTIES, THEIR ATTORNEYS OF RECORD, AND THE COURT: PLEASE TAKE NOTICE that pursuant to Civil Local Rule 7-11, Defendants Michael Chertoff, Secretary of Homeland Security, et al., hereby move the Court for an order permitting Defendants' counsel Daniel E. Bensing, United States Department of Justice, Civil Division, Federal Programs Branch, to appear at today's hearing on plaintiff's motion for temporary restraining order by telephone. Mr. Bensing is the lead counsel handling the government's defense and Plaintiffs have stipulated to Mr. Bensing's appearance at today's hearing by telephone. This request is made on the basis of the parties' stipulation and on the following additional grounds: Plaintiffs filed this action, including the motion for temporary restraining order, on August 29, 2007. The action was assigned to the Hon. Charles R. Breyer, who previously posted a notice of unavailability for the period August 30-September 28, 2007. Plaintiffs contacted Judge Breyer's chambers in an attempt to have Judge Breyer address the motion for temporary restraining order before the period of unavailability began, without success. On August 30, 2007, at approximately 4:00 p.m. Judge Breyer's chambers contacted Mr. Bensing to request that any opposition brief be filed by 10:00 a.m. Pacific time on August 31, 2007. There was no hearing time set on plaintiffs' motion for temporary restraining order as of the close of business on August 30, 2007. On August 31, 2007, at approximately 10:00 a.m., the Hon. Maxine M. Chesney's chambers contacted Mr. Bensing and informed him that a hearing time of 3:00 p.m. had been set by the Court for plaintiffs' motion for temporary restraining order. Under these circumstances, it is an impossibility for Mr. Bensing to appear in person at the hearing.

MOTION FOR TELEPHONIC APPEARANCE; PROPOSED ORDER -2C 07-4472 CRB

Case 3:07-cv-04472-CRB

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Filed 08/31/2007

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Therefore, in addition to the parties' stipulation, there is GOOD CAUSE for the Court to permit Mr. Bensing's appearance by telephone. This motion should be granted. Respectfully Submitted, DATED: August 31, 2007 SCOTT N. SCHOOLS United States Attorney

/s/ JONATHAN U. LEE Assistant United States Attorney Attorneys for Federal Defendants

PROPOSED ORDER The motion is granted.

DATED: _________________

_______________________________________ THE HON. MAXINE M. CHESNEY United States District Court Judge

MOTION FOR TELEPHONIC APPEARANCE; PROPOSED ORDER -3C 07-4472 CRB