Log Cabin Republicans v. United States of America et al

Filing 135

NOTICE OF MOTION AND MOTION for Review of Magistrate Judge's March 16, 2010 Discovery Ruling filed by Defendants Donald H Rumsfeld, United States of America. (Attachments: #1 Memorandum, #2 Proposed Order, #3 Exhibit, #4 Exhibit)(Freeborne, Paul)

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Log Cabin Republicans v. United States of America et al Doc. 135 1 TONY WEST Assistant Attorney General 2 ANDRÉ BIROTTE, Jr. United States Attorney 3 VINCENT M. GARVEY PAUL G. FREEBORNE 4 W. SCOTT SIMPSON JOSHUA E. GARDNER 5 RYAN B. PARKER U.S. Department of Justice 6 Civil Division Federal Programs Branch 7 P.O. Box 883 Washington, D.C. 20044 8 Telephone: (202) 353-0543 Facsimile: (202) 616-8460 9 E-mail: paul.freeborne@ usdoj.gov 10 Attorneys for Defendants United States of America and Secretary of Defense 11 UNITED STATES DISTRICT COURT 12 FOR THE CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION 13 LOG CABIN REPUBLICANS, ) No. CV04-8425 VAP (Ex) 14 ) Plaintiff, ) DEFENDANTS' NOTICE OF 15 ) MOTION AND MOTION FOR v. ) REVIEW OF MAGISTRATE 16 ) JUDGE'S DISCOVERY RULING UNITED STATES OF AMERICA AND ) 17 ROBERT M. GATES, Secretary of ) DATE/TIME: EXPEDITED Defense, ) RULING REQUESTED; 18 ) DISCOVERY MATTER Defendants. ) 19 ) BEFORE: Judge Phillips ) 20 ) ) 21 ) 22 23 Filed herewith: 24 25 26 27 28 1. 2. 3. 4. Notice of Motion and Motion for Review of Magistrate Judge's Discovery Ruling Memorandum of Points And Authorities in Support of Motion for Review of Magistrate Judge's Discovery Ruling Attachments (Defendants' Responses to Requests for Admission & Transcript of Hearing before the Magistrate Judge) Proposed Order UNITED STATES DEPARTMENT OF JUSTICE CIVIL DIVISION, FEDERAL PROGRAMS BRANCH P.O. BOX 883, BEN FRANKLIN STATION WASHINGTON, D.C. 20044 (202) 353-0543 DEFENDANTS' NOTICE OF MOTION AND MOTION FOR REVIEW OF MAGISTRATE JUDGE'S DISCOVERY RULING -1- Dockets.Justia.com 1 2 3 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 NOTICE OF MOTION AND MOTION FOR REVIEW OF MAGISTRATE JUDGE'S DISCOVERY RULING NOTICE IS HEREBY GIVEN that, pursuant to Local Rule 72-2.1, Defendants the United States and Secretary Gates object to, and seek relief from, the portion of the Magistrate Judge's ruling dated March 16, 2010 (Doc. 127) requiring Defendants to "unqualifiedly admit or deny" Plaintiff's Requests for Admission Nos. 3, 4, and 5 of Plaintiff's First Set of Requests for Admission. By stipulation (Doc. 134), the parties have agreed to an expedited briefing schedule for this motion and jointly request that the matter be deemed submitted for decision upon completion of that briefing, unless the Court determines that a hearing is necessary. Defendants' motion is based upon these moving papers, the attached Memorandum of points and authorities in support of the Motion, and upon such other and further arguments, documents, and grounds as may be advanced in the future. This motion is made following the conference of counsel pursuant to Local Rule 7-3, which took place on March 25 and 26, 2010. Dated: March 26, 2010 Respectfully submitted, TONY WEST Assistant Attorney General ANDRÉ BIROTTE, JR United States Attorney VINCENT M. GARVEY Deputy Branch Director DEFENDANTS' NOTICE OF MOTION AND MOTION FOR REVIEW OF MAGISTRATE JUDGE'S DISCOVERY RULING -2- UNITED STATES DEPARTMENT OF JUSTICE CIVIL DIVISION, FEDERAL PROGRAMS BRANCH P.O. BOX 883, BEN FRANKLIN STATION WASHINGTON, D.C. 20044 (202) 353-0543 1 2 3 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 DEFENDANTS' NOTICE OF MOTION AND MOTION FOR REVIEW OF MAGISTRATE JUDGE'S DISCOVERY RULING /s/ Paul G. Freeborne PAUL G. FREEBORNE W. SCOTT SIMPSON JOSHUA E. GARDNER RYAN B. PARKER Trial Attorneys U.S. Department of Justice, Civil Division Federal Programs Branch 20 Massachusetts Ave., N.W. Room 6108 Washington, D.C. 20044 Telephone: (202) 353-0543 Facsimile: (202) 616-8202 paul.freeborne@usdoj.gov Attorneys for Defendants United States of America and Secretary of Defense -3- UNITED STATES DEPARTMENT OF JUSTICE CIVIL DIVISION, FEDERAL PROGRAMS BRANCH P.O. BOX 883, BEN FRANKLIN STATION WASHINGTON, D.C. 20044 (202) 353-0543

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