Free Stipulation and Order - District Court of California - California

Case 5:07-cv-03428-HRL

Document 7

Filed 09/11/2007

Page 1 of 2

1 2 3 4 5 6 7

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 Defendants

*ORDER E-FILED 9/11/2007*

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 Each of the undersigned certifies that he or she has read either the handbook entitled "Dispute Resolution Procedures in the Northern District of California," or the specified portions of the ADR Unit's Internet site , discussed the available dispute resolution options provided by the court and private entities, and considered whether this case might benefit from any of them. Here, the parties agree that referral to a formal ADR process will not be beneficial because this mandamus action is limited to Plaintiff's request that this Court compel Defendants to adjudicate the application for adjustment of status. Given the substance of the action and the lack
JOINT REQUEST TO BE EXEMPT FROM ADR C 07-3428 HRL

) ) Plaintiff, ) ) ) v. ) ) MICHAEL CHERTOFF, Secretary, Department of Homeland Security; EMILIO ) T. GONZALEZ, Director, Citizenship and ) ) Immigration Services; ROSEMARY ) MELVILLE, District Director; FRANK ) SICILIANO, Field Office Director; ROBERT S. MUELLER, Director, Federal ) ) Bureau of Investigation, ) Defendants. ) ) RUSLAN V. BELKIN,

No. C 07-3428 HRL

JOINT REQUEST TO BE EXEMPT FROM FORMAL ADR PROCESS AND ORDER

Case 5:07-cv-03428-HRL

Document 7

Filed 09/11/2007

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11

of any potential middle ground, ADR will only serve to multiply the proceedings and unnecessarily tax court resources. Accordingly, pursuant to ADR L.R. 3-3(c), the parties request the case be removed from the ADR Multi-Option Program and that they be excused from participating in the ADR phone conference and any further formal ADR process. Dated: September 11, 2007 Respectfully submitted, SCOTT N. SCHOOLS United States Attorney /s/ MELANIE L. PROCTOR1 Assistant United States Attorney Attorneys for Defendants

Dated: September 11, 2007 12 13 14 15 16 17 Date: September 11, 2007 18 19 20 21 22 23 24 25 26 27 28

/s/ EDWARD R. LITWIN Attorney for Plaintiff ORDER

Pursuant to stipulation, IT IS SO ORDERED.

HOWARD R. LLOYD United States Magistrate Judge

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.
JOINT REQUEST TO BE EXEMPT FROM ADR C 07-3428 HRL

1

2