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Janjua v. Neufeld, 3:15-cv-05475. (2016)

Court: District Court, N.D. California Number: infdco20161114i48 Visitors: 10
Filed: Nov. 01, 2016
Latest Update: Nov. 01, 2016
Summary: JOINT STIPULATION TO SET DISPOSITIVE MOTIONS DEADLINE EDWARD M. CHEN , District Judge . In this immigration case Plaintiff Khalil Janjua ("Janjua") filed an amended complaint on August 4, 2016 challenging — under the Administrative Procedure Act ("APA") — the United States and Immigration Services' denial of his application to adjust his immigration status to that of a lawful permanent resident. Defendants filed their answer to Janjua's amended complaint on August 16, 2016. The parties agre
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JOINT STIPULATION TO SET DISPOSITIVE MOTIONS DEADLINE

In this immigration case Plaintiff Khalil Janjua ("Janjua") filed an amended complaint on August 4, 2016 challenging — under the Administrative Procedure Act ("APA") — the United States and Immigration Services' denial of his application to adjust his immigration status to that of a lawful permanent resident. Defendants filed their answer to Janjua's amended complaint on August 16, 2016. The parties agree that discovery is inappropriate because judicial review in cases brought under the APA is limited to "the whole record or those parts of it cited by a party." 5 U.S.C. § 706; see also Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402 (1971).

Janjua intends to move for summary judgment, and the parties stipulate to January 20, 2017 as the deadline for that motion. The parties next stipulate to February 20, 2017 as the deadline for Defendants' opposition to Janjua's summary judgement motion and cross-motion for summary judgment, should Defendants choose to file one. The parties further stipulate that Janjua's reply to Defendants' opposition and opposition to Defendants' cross-motion, should they file one, is March 22, 2017. Finally, the parties stipulate that if Defendants file a cross-motion on February 20, 2017, their reply to Plaintiff's opposition to that motion would be due April 21, 2017.

The parties respectfully suggest that, in light of their agreement on the above matters, the Court should vacate the case management conference now scheduled for Thursday November 10, 2016 at 9:30 a.m., and instead issue a case management order consistent with this Report.

IT IS SO ORDERED that the hearing on motions for summary judgment is set for May 11, 2017 at 1:30 p.m. The November 10, 2016 CMC is reset to May 11, 2017 at 1:30 p.m. A joint CMC statement shall be filed by May 4, 2017.

Source:  Leagle

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