Free Ex Parte Application - District Court of California - California

Case 3:07-cv-03455-WHA

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SCOTT N. SCHOOLS, SC 9990 United States Attorney JOANN M. SWANSON, CSBN 88143 Assistant United States Attorney Chief, Civil Division EDWARD A. OLSEN, CSBN 214150 Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6915 FAX: (415) 436-6927 PETER D. KEISLER United States Department of Justice Assistant Attorney General, Civil Division ELIZABETH J. STEVENS VSBN 47445 Senior Litigation Counsel Office of Immigration Litigation JEFFREY S. ROBINS NY SBN 4355244 Trial Attorney P.O. Box 878, Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 616-1246 FAX: (202) 233-0397 Attorneys for Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ALIA AHMADI, et al., ) ) ) ) ) ) ) ) ) ) ) No. C-07-3455-WHA EX PARTE APPLICATION BY DEFENDANTS SEEKING ADDITIONAL TIME TO FILE OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION, AND [PROPOSED] ORDER

18 Plaintiffs, 19 v. 20 MICHAEL CHERTOFF, et al., 21 22 23 24 Defendants.

Defendants filed a Motion to Dismiss in the above matter on August 31, 2007, which was 25 noticed for hearing on October 11, 2007 in accordance with the local rules. Plaintiffs subsequently 26 filed a Motion for Class Certification on September 6, 2007, which was also noticed for hearing on 27 28
Ex Parte Application by Defendants Seeking Additional Time to File Opposition to Class Certification

No. C-07-3455-WHA

Case 3:07-cv-03455-WHA

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October 11, 2007. Because the Court's determination on Defendants' motion will either moot out the issue of class certification in its entirety, or significantly change the nature of the arguments to be considered by the Court for class certification, Defendants respectfully request that their opposition to Plaintiffs' Motion for Class Certification, currently due on September 20, 2007, be extended to 30 days after the Court's determination of their motion to dismiss. Likewise, the hearing date for Plaintiffs' Motion for Class Certification, currently set for October 11, 2007, should also be adjusted accordingly. Defendants' request is made pursuant to Fed. R. Civ. P. 6(b)(1),1/ in order to allow the case to proceed logically. Defendants believe they have a meritorious substantive motion. Good cause exists for this extension, as otherwise the Court would require briefing and a hearing on Plaintiffs' Motion for Class Certification, a matter which may become moot or significantly modified after consideration of Defendants' motion to dismiss or partial motion to dismiss.

Dated: September 10, 2007

Respectfully submitted, SCOTT N. SCHOOLS, United States Attorney ILA C. DEISS Assistant United States Attorney ELIZABETH J. STEVENS Senior Litigation Counsel /s/ Jeffrey S. Robins JEFFREY S. ROBINS Trial Attorney U.S. Department of Justice Civil Division Office of Immigration Litigation

Such an order is authorized under Fed. R. Civ. P. 6(b)(1), which provides discretionary authority to enlarge time "with or without motion or notice. . . ." Authority to enlarge time naturally encompasses the power to designate the proper time for response to a motion.
Ex Parte Application by Defendants Seeking Additional Time to File Opposition to Class Certification

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No. C-07-3455-WHA

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1 2 3 4 5 6 7 8 9 v. ALIA AHMADI, et al.,

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Plaintiffs,

MICHAEL CHERTOFF, et al., Defendants.

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) ) ) ) ) ) ) ) ) ) )

No. C-07-3455-WHA

[PROPOSED] ORDER

Before the Court is Defendants' application for an ex parte order requesting that Defendants' opposition to Plaintiffs' Motion for Class Certification be due 30 days after the Court's determination of Defendants' motion to dismiss or partial motion to dismiss. Good cause having been shown, said application is GRANTED, and Defendants' opposition to Plaintiffs' Motion for Class Certification, currently due on September 20, 2007, shall be due 30 days after the Court's determination of Defendants' motion. Furthermore, the hearing on Plaintiffs' Motion for Class Certification, currently set for October 11, 2007, shall be postponed until another hearing date can be set after Defendants' opposition to Plaintiffs' Motion for Class Certification has been filed. IT IS SO ORDERED. San Francisco, California, this ____ day of _________, 2007.

________________________________ Hon. William H. Alsup United States District Judge

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CERTIFICATE OF SERVICE

I hereby certify that on this 10th day of September 2007, one copy of the foregoing EX PARTE APPLICATION BY DEFENDANTS SEEKING ADDITIONAL TIME TO FILE OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION, AND [PROPOSED] ORDER was served on counsel for Plaintiffs via the district court ECF system which will send notification of such filing to the following ECF filers: Julia Harumi Mass [email protected] Alan L. Schlosser [email protected] Cecillia D. Wang [email protected] ACLU Foundation of Northern California Lucas Guttentag [email protected] ACLU Immigrants' Rights Project Christopher Joren Lyons [email protected] Asian Law Caucus Edward A. Olsen [email protected] United States Attorney's Office Elizabeth J. Stevens [email protected] Department of Justice, Office of Immigration Litigation In addition, I hereby certify that on this 10th day of September 2007, true and correct copies of the EX PARTE APPLICATION BY DEFENDANTS SEEKING ADDITIONAL TIME TO FILE OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION, AND [PROPOSED] ORDER were served by Federal Express next-day delivery on the following non-ECF filers: Sin Yen Ling Asian Law Caucus 939 Market Street, Suite 201 San Francisco, CA 94103 Todd Gallinger Council on American-Islamic Relations (CAIR) 3000 Scott Boulevard, Suite 212 Santa Clara, CA 95054 /S/ JEFFREY S. ROBINS Trial Attorney Office of Immigration Litigation Civil Division U.S. Department of Justice Post Office Box 878, Ben Franklin Station Washington, D.C. 20044

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