Truthout v. Department of Justice

Filing 34

ORDER signed by Judge Lawrence K. Karlton on 10/8/13 ORDERING that all hearing dates and filing dates in this matter are VACATED. When defendant and its counsel are permitted to resume their duties in this case, the parties are DIRECTED to meet-and -confer and submit a joint stipulation setting forth a proposed schedule for (i) the hearing on the summary judgment motion, (ii) the hearing on the proposed motion to intervene, and (iii) submission of any briefs that remain due on these motions. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TRUTHOUT,

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No.

CIV. S-12-2601 LKK/CKD

Plaintiff,
v.

ORDER

DEPARTMENT OF JUSTICE,

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Defendant.

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Pending before the court in the above-captioned case is

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defendant U.S. Department of Justice’s motion for summary

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judgment (ECF No. 27), currently set for hearing on December 9,

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2013. Defendant’s reply brief is due on October 21, 2013. (ECF

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No. 32.)

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Also pending before the court is plaintiff Truthout’s motion

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to seal certain docket entries. (ECF No. 28.) Plaintiff’s brief

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in support of this motion is due on October 14, 2013. (ECF

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No. 30.)

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Plaintiff has filed a motion for a stay in these

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proceedings, on the grounds that (i) funding has lapsed for most

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Executive branch agencies, and (ii) absent an appropriation,
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Department of Justice attorneys are apparently prohibited from

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working on this case. Plaintiff also seeks a stay because its

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motion to seal implicates the privacy rights of a third-party

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(Hesham Abu Zubaidah), whose records are at issue in this matter;

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according to plaintiff, Mr. Zubaidah expects to file a motion to

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intervene in order to address the sealing.

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In light of the foregoing, the court hereby orders as
follows:
[1] All hearing dates and filing dates in this matter are
VACATED.

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[2] When defendant and its counsel are permitted to resume

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their duties in this case, the parties are DIRECTED to meet-

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and-confer and submit a joint stipulation setting forth a

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proposed schedule for (i) the hearing on the summary

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judgment motion, (ii) the hearing on the proposed motion to

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intervene, and (iii) submission of any briefs that remain

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due on these motions.

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IT IS SO ORDERED.

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DATED:

October 8, 2013.

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