Gerstein v. Central Intelligence Agency et al

Filing 102

ORDER DISMISSING CERTAIN PENDING CLAIMS; ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued to March 6, 2009. Signed by Judge Maxine M. Chesney on October 10, 2008. (mmclc2, COURT STAFF) (Filed on 10/10/2008)

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GREGORY A. KATSAS Assistant Attorney General JOSEPH P. RUSSONIELLO United States Attorney JOHN R. TYLER CARLOTTA P. WELLS Senior Trial Counsel United States Department of Justice Civil Division Federal Programs Branch Post Office Box 883 Washington D.C. 20044 Tel: [phone] Fax: [phone] [e-mail] Attorneys for Defendants

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION JOSHUA GERSTEIN, ) ) Plaintiff, ) ) v. ) ) CENTRAL INTELLIGENCE AGENCY, ) et al., ) ) Defendants. ) ____________________________________)

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Case No. 06-04643 MMC STIPULATION AND [PROPOSED] ORDER DISMISSING CERTAIN PENDING CLAIMS ; ORDER CONTINUING CASE MANAGEMENT CONFERENCE

The parties hereby stipulate and request as follows: 22 1. By Order dated September 26, 2008, the Court issued a Memorandum Opinion and 23 Order with respect to defendants' motion for partial summary judgment, plaintiff's motion for 24 partial summary judgment, plaintiff's motion for more definite statement, and plaintiff's motion 25 for in camera review and limited discovery. The motions pending before the Court, which were 26 27 28
Stip. and [Proposed] Order Dismissing Certain Pending Claims Case No. C 06-04643 MMC

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resolved (with two exceptions) by the September 26 Order, related to non-case specific records that the government had withheld in response to plaintiff's requests for documents regarding leak investigations under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. 2. By stipulation and Order (docket #s 40, 41), the parties agreed to address issues relating to case specific documents withheld as exempt in response to plaintiff's FOIA requests after the Court addressed the non-case specific documents. 3. On September 30, 2008, the Court scheduled a Status Conference on October 17, 2008 and ordered the parties to submit a Joint Status Report by October 10, 2008 (docket # 100). 4. In lieu of a Joint Status Report, the parties submit the instant Stipulation Dismissing Certain Pending Claims. 5. The parties hereby stipulate to dismiss, with prejudice, plaintiff's claims relating to case-specific documents withheld in response to his FOIA requests pertaining to leak investigations. 6. As a result of the dismissal of the case-specific claims, the only issues remaining in this case are those set forth in the September 26 Order. IT IS SO STIPULATED. Respectfully submitted, JOSHUA GERSTEIN ______/s/____________ GREGORY A. KATSAS Assistant Attorney General ____/s/_____________ Carlotta P. Wells Senior Trial Counsel United States Department of Justice Civil Division Federal Programs Branch

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Stip. and [Proposed] Order Dismissing Certain Pending Claims Case No. C 06-04643 MMC

Plaintiff

Dated: October 10, 2008

Dated: October 10, 2008

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1 [PROPOSED] ORDER 2 Upon the stipulation of the parties and good cause appearing, plaintiff's claims relating to 3 case-specific documents withheld in response to his FOIA requests pertaining to leak 4 investigations are dismissed, with prejudice. As a result of the dismissal of the case-specific 5 claims, the only issues remaining in this case are those set forth in the September 26, 2008 Order. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Stip. and [Proposed] Order Dismissing Certain Pending Claims Case No. C 06-04643 MMC

IT IS SO ORDERED. Further, the Case Management Conference is continued to March 6, 2009. Dated:_O__ober_14,_2008 __ _ ct ___ __ ____ _____________________________________ MAXINE C. CHESNEY United States District Judge

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