Brooktrails Township Community Services District v. United States Department of Agriculture, Rural Development et al

Filing 13

STIPULATION AND ORDER Telephonic Initial Case Management Conference set for 3/26/2013 02:00 PM. Signed by Magistrate Judge Nandor J. Vadas on January 31, 2013. (njvlc2, COURT STAFF) (Filed on 1/31/2013)

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MELINDA HAAG (CSBN 132612)
United States Attorney
ALEX G. TSE (CSBN 152348)
Chief, Civil Division
CLAIRE T. CORMIER (CSBN 154364)
Assistant United States Attorney
150 Almaden Blvd., Suite 900
San Jose, California 95113
Telephone: [phone]
FAX: [phone]
[e-mail]
Specially appearing for
Federal Defendants

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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BROOKTRAILS TOWNSHIP
COMMUNITY SERVICES DISTRICT, a
public agency,

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Plaintiff,

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v.

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UNITED STATES DEPARTMENT OF
AGRICULTURE, RURAL
DEVELOPMENT; JOSEPH SHUNK,
Defendants.

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No. C12-5576 NJV
STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME TO
RESPOND TO COMPLAINT AND
CONTINUING INITIAL CASE
MANAGEMENT CONFERENCE
[AS MODIFIED]

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The parties previously stipulated that the defendants would have an extension of time to
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December 31, 2012 to answer, move, or otherwise respond to the Complaint for Injunctive Relief
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(“Complaint”) in this action if certain partial production of documents was done. That
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production was done, and defendant USDA committed to a further rolling production with the
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plan of completing the response and production relating to plaintiff’s Freedom of Information
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Act (“FOIA”) request by January 18, 2013. Accordingly, the parties submitted a second
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stipulation to the court on or about December 18, 2012, requesting an extension of time for the
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defendant’s response to the complaint to January 31, 2013, and a continuance of the case
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management conference to February 26, 2013.

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USDA believes that it has completed the production of the documents responsive to the

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underlying FOIA request, including describing the limited redactions done and exemptions

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claimed. Plaintiff’s counsel has some remaining questions which counsel for both parties are

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attempting to resolve. If those issues are resolved, the parties remain hopeful that this case may

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be dismissed.

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In order to allow for the resolution of what both parties hope are the last remaining issues

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relating to the FOIA request, the parties wish to further extend the deadline for

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defendants’ response to the Complaint, as well as the initial case management conference,

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currently scheduled for February 26, 2013.

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Accordingly, pursuant to Civil Local Rule 6-1(a), the parties to this action hereby

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stipulate and request that the defendants shall have an extension of time to March 1, 2013 to

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answer, move, or otherwise respond to the Complaint.

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The parties further stipulate and request that the initial case management conference,

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currently scheduled to take place on February 26, 2013, be continued to March 26, 2013, and

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that the related case management dates be continued accordingly.

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IT IS SO STIPULATED.
Respectfully submitted,

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DATED: January 30, 2013

NEARY and O’BRIEN

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/s/ Christopher J. Neary

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CHRISTOPHER J. NEARY
Attorney for Plaintiffs

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DATED: January 30, 2013

MELINDA HAAG
United States Attorney

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/s/ Claire T. Cormier

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CLAIRE T. CORMIER1
Assistant United States Attorney

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I, Claire T. Cormier, hereby attest that Mr. Neary authorized me to electronically sign
this document on his behalf.
STIPULATION AND [PROPOSED] ORDER RE ANSWER AND CMC CONTINUANCE
Case No. C12-5576 NJV

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[PROPOSED] ORDER

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Pursuant to the stipulation of the parties and good cause appearing, the deadline for

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defendants to answer, move, or otherwise respond to the Complaint in this action is extended to

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March 1, 2013. The initial case management conference is continued to March 26, 2013 at 2:00

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p.m., and other case management deadlines are extended accordingly. The parties shall appear

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telephonically by dialing 1-888-684-8852, entering 1868782 as the access code, and using

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7416 as the security code.

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DATE: January 31, 2013

_______________________________________
NANDOR J. VADAS
United States Magistrate Judge

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STIPULATION AND [PROPOSED] ORDER RE ANSWER AND CMC CONTINUANCE
Case No. C12-5576 NJV

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