Nossaman LLP et al v. United States Department of Homeland Security

Filing 27

STIPULATION and ORDER to VACATE Summary Judgment Schedule to Promote Settlement. Status Conference set for 7/14/2011 at 09:30 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck, signed by Judge Oliver W. Wanger on 5/17/2011. (Kusamura, W)

1 BENJAMIN B. WAGNER
United States Attorney
2 YOSHINORI H. T. HIMEL
Assistant U.S. Attorney
3 501 I Street, Suite 10-100
Sacramento, California 95814
4 Telephone: [phone]
5 Attorneys for Defendant
UNITED STATES DEPARTMENT OF HOMELAND SECURITY
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7
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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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11 NOSSAMAN, LLP,

1:10-cv-01627-OWW-DLB

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STIPULATION AND ORDER TO
VACATE SUMMARY JUDGMENT
SCHEDULE TO PROMOTE
SETTLEMENT

13

Plaintiff,
v.

14 UNITED STATES DEPARTMENT
OF HOMELAND SECURITY,
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Defendant.
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Date: September 12, 2011
Time: 10:00 AM
Ctrm: 3 (3rd Fl., OWW)

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The parties are making progress toward settling the captioned FOIA lawsuit. In

19 particular, although they differ on a number of legal issues, they believe they have arrived
20 at a practical framework that addresses the needs of both sides and that shows promise of
21 resolving the litigation. Although the Amended Scheduling Conference Order filed
22 February 14, 2011, sets a schedule for declaration filing and summary judgment argument
23 from May 20, 2011, to September 12, 2011, the litigation will be detrimental to further
24 settlement progress. Instead, the parties believe that the most beneficial course would be
25 for the Court to stay the action but maintain control by setting a status conference and a
26 filing date for a joint status report.
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The parties therefore jointly request, subject to the Court's approval as provided for

28 hereon, as follows:
STIPULATION AND ORDER TO VACATE SUMMARY JUDGMENT SCHEDULE TO PROMOTE SETTLEMENT

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1. That the dates in the Amended Scheduling Conference Order filed February 14,

2 2011, be and are VACATED and the action STAYED except as follows.
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2. That a Status Conference be and is SET before Judge Dennis L. Beck for July

4 14, 2011, at 9:30 AM.
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3. That by June 30, 2011, the parties shall file a joint status report stating whether

6 they have settled the case; if not, stating whether they wish to continue the status
7 conference; and if not, covering the matters specified in the Order Setting Mandatory
8 Scheduling Conference filed September 9, 2010.
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Dated: May 16, 2011

NOSSAMAN, LLP

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By:
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13 Dated: May 16, 2011

/s/ Robt Horton
PAUL S. WEILAND
ROBERT C. HORTON
Attorneys for Plaintiffs
BENJAMIN B. WAGNER
United States Attorney

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By:
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/s/ Y Himel
YOSHINORI H. T. HIMEL
Assistant U. S. Attorney
Attorneys for Defendant

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ORDER
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19 IT IS SO ORDERED.
20 Dated:
May 17, 2011
emm0d6
21

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER TO VACATE SUMMARY JUDGMENT SCHEDULE TO PROMOTE SETTLEMENT

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