Truthout v. Department of Justice

Filing 47

ORDER signed by Judge Lawrence K. Karlton on 12/6/2013 ORDERING that Plaintiff is GRANTED an enlargement of time, to and including 12/10/2013, within which to file its Opposition to Defendant's Motion for Summary Judgment. (Zignago, K.)

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Jennifer Lynch (State Bar No. 240701)
[e-mail]
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
Telephone:
[phone]
Facsimile:
[phone]

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Kelly McClanahan (pro hac vice)
[e-mail]
NATIONAL SECURITY COUNSELORS
1200 South Courthouse Road, Suite 124
Arlington, VA 22204
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Truthout

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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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Plaintiff,

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v.

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DEPARTMENT OF JUSTICE,
Defendant.

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Case No.: 2:12-cv-02601 (LKK) (CKD)

CONSENT MOTION FOR
BRIEF ENLARGEMENT OF TIME

NOW COMES Plaintiff to respectfully request a brief further enlargement of time

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pursuant to Rule 6(b) of the Federal Rules of Civil Procedure, to and including 10 December

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2013, within which to file its Opposition to Defendant’s Motion for Summary Judgment (filed

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Sept. 9, 2013).

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Plaintiff has good cause to request this extension. The parties have been discussing ways
in which they may be able to reduce the number of issues in controversy, and they request an
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PLAINTIFF’S CONSENT MOTION FOR BRIEF ENLARGEMENT OF TIME

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additional four business days to allow them to continue the negotiation. On 10 December 2013

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Plaintiff intends to either file its Opposition or, if necessary, propose, after conferring with the

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Government, a new briefing schedule.1
This is the second extension requested for this filing. Defendant consented in general2 to

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this Motion and asks that its Reply deadline be moved to 10 February 2014, to which Plaintiff

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agrees. The parties do not believe that this extension should affect the hearing scheduled for 17

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March 2014.

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Date: December 4, 2013

NATIONAL SECURITY COUNSELORS
By: /s/ Kelly McClanahan
Kelly McClanahan
Attorney for Truthout

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ORDER

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It is APPROVED and SO ORDERED.

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Dated: December 6, 2013.

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If the parties agree that Defendant will perform an additional search for records, the case will
need to be stayed to allow the Government sufficient time to do so.

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Defendant’s counsel consented on the telephone to this extension, and then asked to be sent the
written motion before it was filed for final approval, which the undersigned did at 3:54 PM PST.
However, Defendant’s counsel has not responded yet, so the undersigned is filing this Motion
now to maximize the chance of the Court seeing it and ruling on it before midnight.
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PLAINTIFF’S CONSENT MOTION FOR BRIEF ENLARGEMENT OF TIME