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

Filing 22

STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr. on 9/4/2014 ORDERING 21 Plaintiff's opposition to Defendant's motion for summary judgment 19 shall be filed by 10/3/2014; Defendant's reply to Plaintiff's opposition shall be filed by 10/31/2014; Hearing before Judge England shall be held on 11/13/2014 at 2:00 p.m. (Reader, L)

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BARRY E. HINKLE, Bar No. 071223
NINA FENDEL, Bar No. 109029
ROBERTA D. PERKINS, Bar No. 153074
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
Telephone [phone]
Fax [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
BENJAMIN B. WAGNER

United States Attorney
YOSHINORI H. T. HIMEL #66194
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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No. 2:13-CV-02204 MCE-DAF

LABORERS’ INTERNATIONAL UNION OF
NORTH AMERICA PACIFIC SOUTHWEST
REGION,

STIPULATION AND ORDER
RESETTING SCHEDULE

Plaintiff,

v.
U.S. DEPARTMENT OF ENERGY,
Defendant.

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WEINBERG , ROG ER &
RO SEN FELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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STIPULATION AND ORDER RESETTING SCHEDULE
Case No. 2:13-CV-02204 MCE-DAF

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The parties, by and through their undersigned counsel, hereby recite and stipulate, subject
to the Court’s approval as provided for herein, as follows:

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RECITALS

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1.

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

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

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2.

The parties’ discussions of possible arrangement outside the action with potential

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to moot past and future FOIA requests for records, including the request at issue in this action

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were not productive and Defendant filed its motion for summary judgment on July 31, 2014, in

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accord with the Stipulation and Order Resetting Schedule entered on May 1, 2014, ECF 18.

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3.

Scheduling conflicts and the unavailability of certain declarants have arisen such

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that it is not possible for Plaintiff to submit its opposition to the motion by August 22, 2014, and

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to attend the hearing currently scheduled on September 18, 2014.

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4.

Deferring the briefing set by stipulated Order filed on May 1, 2014 would resolve

the current issues and does not prejudice the parties.

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STIPULATIONS

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1.

This stipulation shall substitute for the Order Resetting Schedule filed on May 1,

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Plaintiff’s opposition to Defendant’s motion for summary judgment shall be filed

2014.

by October 3, 2014.

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3.

Defendant’s reply to Plaintiff’s opposition shall be filed by October 31, 2014.

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4.

Hearing before Judge England shall be held on November 13, 2014 at 2:00 p.m.

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Dated: August 20, 2014

WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By:

/s/ Roberta D. Perkins
ROBERTA D. PERKINS
Attorneys for Plaintiff

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WEINBERG , ROG ER &
RO SEN FELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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STIPULATION AND ORDER RESETTING SCHEDULE
Case No. 2:13-CV-02204 MCE-DAF

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Dated: August 20, 2014

BENJAMIN B. WAGNER
United States Attorney

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By:

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Attorneys for Defendant

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/s/ Yoshinori H. T. Himel
YOSHINORI H. T. HIMEL
Assistant United States Attorney
(as authorized on August 20, 2014)

ORDER
IT IS SO ORDERED.
Dated: September 4, 2014

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WEINBERG , ROG ER &
RO SEN FELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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STIPULATION AND ORDER RESETTING SCHEDULE
Case No. 2:13-CV-02204 MCE-DAF