Free Motion for More Definite Statement - District Court of California - California

Case 5:07-cv-03011-RS

Document 20

Filed 10/16/2007

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1 SCOTT N. SCHOOLS, SC SBN 9990 United States Attorney 2 JOANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division ILA C. DEISS, NY SBN 3052909 4 Assistant United States Attorney 5 6 7 Attorneys for Defendants 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) No. C 07-3011 RS Plaintiffs, ) ) v. ) ADMINISTRATIVE MOTION ) REQUESTING CLARIFICATION MICHAEL CHERTOFF, as Secretary of the ) Department of Homeland Security; ) EMILIO T. GONZALEZ, Director of the U.S. ) Citizenship and Immigration Services; ) DAVID N. STILL, District Director of the U.S. ) Citizenship and Immigration Services for ) San Francisco and San Jose Sub Office; ) FRANCIS D. SICILIANO, Officer-in-Charge ) of the U.S. Citizenship and Immigration Service ) Sub Office for San Jose; ) ROBERT S. MUELLER, III, Director of the ) Federal Bureau of Investigation, ) ) Defendants. ) ) In accordance with the Local Rule 7-11, Defendants hereby ask the Court for clarification of its 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7124 FAX: (415) 436-7169

11 RICK G. BREWSTER and DAOMIN YANG, 12 13 14 15 16 17 18 19 20 21 22

23 September 19, 2007 Order that vacated dates and directed the parties to file cross-motions for 24 summary judgement when practicable. The Court vacated the parties' case management 25 conference in that Order and on September 23, 2007, Plaintiffs provided Defendants with a 26 discovery request for document production. These immigration mandamus matters have usually 27 proceeded without discovery. Defendants would like clarification on whether this matter is open 28 to discovery, and if it is, whether the Court could place the matter back on calendar for a case Administrative Motion C07-3011 RS

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Case 5:07-cv-03011-RS

Document 20

Filed 10/16/2007

Page 2 of 2

1 management conference to allow the parties to establish a discovery plan with the Court pursuant 2 to Fed. R. Civ. P. 26. 3 Dated: October 12, 2007 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Administrative Motion C07-3011 RS Respectfully submitted, SCOTT N. SCHOOLS United States Attorney /s/ ILA C. DEISS Assistant United States Attorney Attorneys for Defendants

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