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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1 2 3 4 5 6 7 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: (408) 535-5082 FAX: (408) 535-5081 Specially appearing for Federal Defendants 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 EUREKA DIVISION 12 13 BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT, a public agency, 14 Plaintiff, 15 v. 16 17 18 UNITED STATES DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT; JOSEPH SHUNK, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) No. C12-5576 NJV STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT AND CONTINUING INITIAL CASE MANAGEMENT CONFERENCE [AS MODIFIED] 19 20 The parties previously stipulated that the defendants would have an extension of time to 21 December 31, 2012 to answer, move, or otherwise respond to the Complaint for Injunctive Relief 22 (“Complaint”) in this action if certain partial production of documents was done. That 23 production was done, and defendant USDA committed to a further rolling production with the 24 plan of completing the response and production relating to plaintiff’s Freedom of Information 25 Act (“FOIA”) request by January 18, 2013. Accordingly, the parties submitted a second 26 stipulation to the court on or about December 18, 2012, requesting an extension of time for the 27 defendant’s response to the complaint to January 31, 2013, and a continuance of the case 28 management conference to February 26, 2013. 1 2 USDA believes that it has completed the production of the documents responsive to the 3 underlying FOIA request, including describing the limited redactions done and exemptions 4 claimed. Plaintiff’s counsel has some remaining questions which counsel for both parties are 5 attempting to resolve. If those issues are resolved, the parties remain hopeful that this case may 6 be dismissed. 7 In order to allow for the resolution of what both parties hope are the last remaining issues 8 relating to the FOIA request, the parties wish to further extend the deadline for 9 defendants’ response to the Complaint, as well as the initial case management conference, 10 currently scheduled for February 26, 2013. 11 Accordingly, pursuant to Civil Local Rule 6-1(a), the parties to this action hereby 12 stipulate and request that the defendants shall have an extension of time to March 1, 2013 to 13 answer, move, or otherwise respond to the Complaint. 14 The parties further stipulate and request that the initial case management conference, 15 currently scheduled to take place on February 26, 2013, be continued to March 26, 2013, and 16 that the related case management dates be continued accordingly. 17 IT IS SO STIPULATED. Respectfully submitted, 18 19 DATED: January 30, 2013 NEARY and O’BRIEN 20 /s/ Christopher J. Neary 21 CHRISTOPHER J. NEARY Attorney for Plaintiffs 22 23 DATED: January 30, 2013 MELINDA HAAG United States Attorney 24 /s/ Claire T. Cormier 25 CLAIRE T. CORMIER1 Assistant United States Attorney 26 27 28 1 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 2 1 [PROPOSED] ORDER 2 Pursuant to the stipulation of the parties and good cause appearing, the deadline for 3 defendants to answer, move, or otherwise respond to the Complaint in this action is extended to 4 March 1, 2013. The initial case management conference is continued to March 26, 2013 at 2:00 5 p.m., and other case management deadlines are extended accordingly. The parties shall appear 6 telephonically by dialing 1-888-684-8852, entering 1868782 as the access code, and using 7 7416 as the security code. 8 9 10 DATE: January 31, 2013 _______________________________________ NANDOR J. VADAS United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER RE ANSWER AND CMC CONTINUANCE Case No. C12-5576 NJV 3

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