American Civil Liberties Union Foundation et al v. United States Immigration and Customs Enforcement

STIP. TO CONTINUE CMC; DECL.; [PROPOSED] ORDER
CASE NO. 3:22-CV-7534-TSH
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CRAIG H. MISSAKIAN (CABN 125202)
United States Attorney
PAMELA T. JOHANN (CABN 145558)
Chief, Civil Division
KENNETH BRAKEBILL (CABN 196696)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: (415) 436-7167
FAX: (415) 436-6748
kenneth.brakebill@usdoj.gov
Attorneys for Defendant
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION; ACLU OF NORTHERN
CALIFORNIA,
Plaintiffs,
v.
UNITED STATES IMMIGRATION AND
CUSTOMS ENFORCEMENT,
Defendant.
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CASE NO. 3:22-CV-07534-TSH
JOINT STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE MANAGEMENT
CONFERENCE; DECLARATION
Pursuant to Civil Local Rules 6-2 and 7-12, the parties to this action hereby stipulate and request
that the Court continue the Case Management Conference currently set for January 29, 2026, see ECF
No. 65, and all associated deadlines, until March 5, 2026, at 10:00 a.m.
The parties previously agreed that all issues relating to Defendant’s obligation to produce records
under FOIA have been resolved, and that the only outstanding unresolved issues relate to Plaintiffs’
claim for attorney’s fees and costs. See ECF No. 55. In light of the government shut down and the
accompanying furlough status of Defendant’s counsel, as well as the extended medical leave of
Defendant’s counsel, resolution of the matter has been delayed. However, counsel for Defendant just
returned to work from leave, counsel for the parties are meeting and conferring on attorney’s fees and
Case 3:22-cv-07534-TSH Document 67 Filed 01/22/26 Page 1 of 4

STIP. TO CONTINUE CMC; DECL.; [PROPOSED] ORDER
CASE NO. 3:22-CV-7534-TSH
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costs, and the parties believe that an approximate 30 day continuance of the Case Management
Conference to March 5, 2026 will allow them sufficient time to attempt to resolve Plaintiffs’ claim for
attorney’s fees and costs without the need for further litigation.
This is the parties’ twenty-second request to modify the schedule in this case. The requested
modification will not impact the schedule for the case because no further schedule has yet been set.
DATED: January 22, 2026
/s/ Andrew S. Ong
ANDREW S. ONG
GOODWIN PROCTER LLP
Attorneys for Plaintiffs
Respectfully submitted,
CRAIG H. MISSAKIAN
United States Attorney
/s/ Kenneth Brakebill1
KENNETH BRAKEBILL
Assistant United States Attorney
Attorneys for Defendant
1 In compliance with Civil Local Rule 5-1(i)(3), the filer of this document attests under penalty of
perjury that all signatories have concurred in the filing of this document.
Case 3:22-cv-07534-TSH Document 67 Filed 01/22/26 Page 2 of 4

STIP. TO CONTINUE CMC; DECL.; [PROPOSED] ORDER
CASE NO. 3:22-CV-7534-TSH
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DECLARATION OF KENNETH BRAKEBILL
I, Kenneth Brakebill, declare as follows:
1. 	I am an Assistant United States Attorney and the attorney of record for Defendant in this
action. I submit this declaration in support of the parties’ Joint Stipulation to Continue the Case
Management Conference filed concurrently herewith. The facts set forth in this declaration are within
my personal knowledge or based upon documents and information I have received in the course of this
litigation.
2. 	The parties have agreed to request a continuance of the Case Management Conference
until March 5, 2026, to provide additional time for the parties to meet and confer about Plaintiffs’ claim
for attorney’s fees and costs in an attempt to resolve this issue without the need for Court intervention.
3. 	I just returned to work after an extended medical leave, have begun meeting and
conferring with Plaintiff’s counsel on attorney’s fees issues, and the parties agree that an approximate
30-day extension of the Case Management Conference will enable the parties to attempt to resolve the
attorney’s fees issue.
4. 	This is the parties’ twenty-second joint request to modify the schedule for this matter.
The parties previously stipulated to extend the answer deadline and the Case Management Conference
eighteen times. See ECF Nos. 16, 21-36, 38-39, 40-41, 42-43, 45-56, 58-59, 61-62, 64-65.
5. 	The requested continuance of the Case Management Conference will not affect the
schedule for the case because no further schedule has yet been set.
I declare under penalty of perjury under the laws of the United States that the above is true and
accurate to the best of my information, knowledge, and belief. Executed this 22nd day of January, 2026,
in San Francisco, California.
/s/ Kenneth W. Brakebill
KENNETH W. BRAKEBILL
Assistant United States Attorney
Case 3:22-cv-07534-TSH Document 67 Filed 01/22/26 Page 3 of 4

STIP. TO CONTINUE CMC; DECL.; [PROPOSED] ORDER
CASE NO. 3:22-CV-7534-TSH
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[PROPOSED] ORDER
Pursuant to stipulation, IT IS SO ORDERED. The Case Management Conference is continued
until March 5, 2026, at 10:00 a.m. A joint case management statement is due one week prior.
DATED: January 22, 2026
THE HON. THOMAS S. HIXSON
United States Magistrate Judge
Case 3:22-cv-07534-TSH Document 67 Filed 01/22/26 Page 4 of 4