Truthout v. Department of Justice

Filing 49

ORDER granting 48 Motion to Stay re 27 Motion for Summary Judgment signed by Judge Lawrence K. Karlton on 12/12/13. (Kaminski, H)

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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
TEMPORARY STAY

NOW COMES Plaintiff to respectfully request a stay of the briefing of Defendant’s

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Motion for Summary Judgment (filed Sept. 9, 2013) until the Court has resolved a preliminary

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Motion being filed tomorrow by Plaintiff.

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Plaintiff has good cause to request this stay. Defendant filed an in camera, ex parte

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Declaration of David Hardy in support of its Motion for Summary Judgment, and Plaintiff

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maintains that this Declaration should not be accepted in camera and ex parte by the Court, as it
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PLAINTIFF’S CONSENT MOTION FOR TEMPORARY STAY

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essentially deprives Plaintiff of the ability to challenge Defendant’s withholding determinations.

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Accordingly, Plaintiff will file a Motion to Strike the In Camera, Ex Parte Declaration or, in the

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Alternative, to File It on the Public Record tomorrow. Because the resolution of this Motion in

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Plaintiff’s favor would significantly affect the briefing of Defendant’s Motion for Summary

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Judgment, the parties agree that it is in the interest of judicial economy to resolve the Motion to

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Strike before continuing to brief the Motion for Summary Judgment.

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Defendant consents to this Motion.
Date: December 10, 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 12, 2013

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PLAINTIFF’S CONSENT MOTION FOR TEMPORARY STAY