Laborers International Union of North America Pacific Soutohwest Region v. U.S. Department of Energy

Filing 18

STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr. on 4/29/2014 SUBSTITUTING this stipulation for the Joint Status Report due 5/1/2014; ORDERING that the defendant's Motion for Summary Judgment be filed by 7/31/2014; ORDERING t hat the plaintiff's opposition be filed by 8/22/2014; ORDERING that the defendant's reply be filed by 9/8/2014: ORDERING that the Motion for Summary Judgment be noticed to be heard on 9/18/2014 at 02:00 PM before Chief Judge Morrison C. England, Jr. (Michel, G)

1 BARRY E. HINKLE, SBN 071223
PATRICIA M. GATES, SBN 076498
2 ROBERTA D. PERKINS, SBN 153074
WEINBERG, ROGER & ROSENFELD
3 A Professional Corporation
1001 Marina Village Parkway, Suite 200
4 Alameda, CA 94501-1091
Telephone: [phone]
5 Facsimile: 510.337.1023
6 Attorneys for Plaintiff, LABORERS INTERNATIONAL UNION OF NORTH AMERICA
PACIFIC SOUTHWEST REGION
7
BENJAMIN B. WAGNER
8 United States Attorney
YOSHINORI H. T. HIMEL #66194
9 Assistant United States Attorney
501 I Street, Suite 10-100
10 Sacramento, CA 95814
Telephone: [phone]
11 Facsimile: [phone]
email: [e-mail]
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Attorneys for Defendant, UNITED STATES DEPARTMENT OF ENERGY
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

16 LABORERS' INTERNATIONAL UNION OF
NORTH AMERICA PACIFIC SOUTHWEST
17 REGION,
Plaintiff,

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CASE NO. 2:13-CV-02204-MCE-DAD
STIPULATION AND ORDER
RESETTING SCHEDULE

v.

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20 U.S. DEPARTMENT OF ENERGY,
Defendant.

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The parties, by their undersigned counsel, hereby recite and stipulate, subject to the

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24 Court's approval as provided for herein, as follows:
RECITALS

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1.

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The issue remaining to be decided, after the stipulated issue-limiting Orders, filed

27 February 11 and March 26, 2014, is the merits of the FOIA Exemption 4 withholding.
2.

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The parties are discussing possible arrangements outside the action with the

STIPULATION AND ORDER RESETTING SCHEDULE

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1 potential to moot past and future FOIA requests for records including the request in issue in this
2 action.
3.

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Deferring the briefing set by stipulated Order filed April 17, 2014, would facilitate

4 the parties' discussions.
STIPULATIONS

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1.

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This stipulation shall substitute for the parties' Joint Status Report due May 1,

7 2014, required by the Minute Order filed April 8, 2014, as modified by the stipulated Order filed
8 April 17, 2014.
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2.

Defendant's motion for summary judgment shall be filed by July 31, 2014.

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3.

Plaintiff's opposition to defendant's motion for summary judgment shall be filed

11 by August 22, 2014.
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4.

Defendant's reply shall be filed by September 8, 2014.

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5.

Hearing before Judge England shall be held September 18, 2014, at 2:00 p.m.

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Dated: April 24, 2014

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WEINBERG, ROGER & ROSENFELD
A Professional Corporation
By: /s/ Roberta D. Perkins
ROBERTA D. PERKINS, SBN 153074
(as authorized on 4/24/14)

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18 Dated: April 24, 2014
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BENJAMIN B. WAGNER
United States Attorney
By: /s/ YHimel
YOSHINORI H. T. HIMEL #66194
Assistant United States Attorney

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ORDER

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IT IS SO ORDERED.

24 Dated: April 29, 2014
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STIPULATION AND ORDER RESETTING SCHEDULE

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