Proposed Order re Joint Stipulation — East Bay Sanctuary Covenant, et al. v. Joseph R. Biden, Case No. 18-cv-06810 (Document 163)

Summary

A [proposed] order re joint stipulation and proposed schedule filed May 17, 2023 as Document 163 in East Bay Sanctuary Covenant, et al. v. Joseph R. Biden, President of the United States, et al., Case No. 18-cv-06810-JST, in the U.S. District Court for the Northern District of California. It would grant plaintiffs' motion for leave to file an amended and supplemental complaint and to lift the stay of proceedings (ECF No. 147), with defendants' consent. It would adopt a summary judgment schedule running from production of the administrative record by May 26, 2023 to defendants' reply by June 30, 2023, and a schedule for disputes over the administrative record. It would also set page limits of 35 pages for opening briefs, 30 pages for plaintiffs' opposition and reply, and 25 pages for defendants' reply, with the signature block of Judge Jon S. Tigar.

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            Case 4:18-cv-06810-JST Document 163 Filed 05/17/23 Page 1 of 2




 1
                                      UNITED STATES DISTRICT COURT
 2                                  NORTHERN DISTRICT OF CALIFORNIA

 3    East Bay Sanctuary Covenant, et al.,
                                                                Case No.: 18-cv-06810-JST
 4                    Plaintiffs,

 5                    v.                                        [PROPOSED] ORDER RE JOINT
                                                                STIPULATION AND PROPOSED
 6    Joseph R. Biden, President of the United States, et       SCHEDULE
      al.,
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                      Defendants.
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10           Upon consideration of Plaintiffs’ Motion for Leave to File Amended and Supplemental
11   Complaint and to Lift Stay of Proceedings (ECF No. 147), Defendants’ consent thereto, and for good
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     cause shown, IT IS HEREBY ORDERED that the motion is GRANTED. The stay of proceedings is
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     hereby lifted, and Plaintiffs are directed to file their First Amended and Supplemental Complaint on
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     the docket.
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16           The Court further hereby adopts the parties’ proposed schedule concerning Plaintiffs’

17   forthcoming motion for summary judgment, as follows:

18      •    Defendants shall produce the administrative record by May 26, 2023;
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        •    Plaintiffs shall file their motion for summary judgment by June 5, 2023;
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        •    Defendants shall file any cross-motion and opposition by June 16, 2023;
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        •    Plaintiffs shall file their opposition and reply by June 23, 2023; and
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23      •    Defendants shall file their reply by June 30, 2023.

24      The Court further adopts the parties’ proposed schedule for resolving disputes as to the
25   completeness of the administrative record and/or the appropriateness of supplementing the record
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     with extra-record evidence:
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                                                 1
                                       [PROPOSED] ORDER
            Case 4:18-cv-06810-JST Document 163 Filed 05/17/23 Page 2 of 2




 1      •    Plaintiffs shall confer with Defendants prior to filing any motion related to the administrative
 2           record and shall file any motion no later than June 5, 2023;
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        •    Defendants shall file any opposition no later than June 16, 2023; and
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        •    Plaintiffs shall file a reply no later than June 23, 2023.
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             The Court further adopts the parties’ proposed increases in page limits for the summary
 6

 7   judgment briefing as follows:

 8      •    35 pages for the parties’ opening briefs;
 9      •    30 pages for Plaintiffs’ opposition and reply; and
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        •    25 pages for Defendants’ reply.
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             IT IS SO ORDERED.
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15   Dated: May 17, 2023                                     ____________________________
16                                                           HON. JON S. TIGAR
                                                             UNITED STATES DISTRICT JUDGE
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                                      [PROPOSED] ORDER


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