Gerstein v. Central Intelligence Agency et al

Filing 127

ORDER GRANTING STIPULATED MOTION 126 ; VACATING OCTOBER 16, 2009 CASE MANAGEMENT CONFERENCE. The case management conference shall be rescheduled by the Court, as necessary, following the Court's ruling on the pending motions. A joint case management conference statement shall be due one week before the next scheduled conference. Signed by Judge Maxine M. Chesney on October 14, 2009. (mmclc2, COURT STAFF) (Filed on 10/14/2009)

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TONY WEST Assistant Attorney General JOSEPH P. RUSSIONIELLO United States Attorney ELIZABETH J. SHAPIRO Deputy Branch Director 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., Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. C 06-04643 MMC STIPULATION TO EXTEND DEADLINE FOR FILING CASE MANAGEMENT REPORT AND TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

The parties hereby stipulate to extend the deadline for filing the Joint Case Management Report, which is currently due October 9, 2009, and to continue the case management conference set for October 16, 2009. The bases for this stipulation are as follows: 1. As of March 6, 2009, the following motions were fully briefed and submitted to the Court: defendant's renewed motion for summary judgment; plaintiff's motion for partial summary judgment against defendant Central Intelligence Agency; and plaintiff's motion to modify

STIP. TO EXTEND DEADLINE FOR CASE MANAGEMENT RPT. AND CONF. Case No. C 06-04643 MMC

stipulation and order dismissing certain pending claims. These motions address all issues 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Respectfully submitted, 16 JOSHUA GERSTEIN 17 18 /s/ 19 Plaintiff 20 21 22 23 Dated: October 9, 2009 24 25 26 27 28
STIP. TO EXTEND DEADLINE FOR CASE MANAGEMENT RPT. AND CONF. -2Case No. C 06-04643 MMC

presently outstanding in this case. 2. By order dated July 30, 2009, the Court set the above-noted case management report and conference dates. 3. Inasmuch as the Court has yet to issue decisions with respect to the pending motions, it is difficult for the parties to identify the issues that may remain in the case for purposes of drafting and filing a case management report. Similarly, without knowing the extent to which issues may remain in the case after the Court decides the pending motions, it does not make sense to hold a case management conference. 4. For these reasons, the parties request that the present deadlines be vacated and that the case management report currently due on October 9, 2009 be deferred until two weeks after the Court rules on the pending motions. The parties further request that a case management conference be scheduled at the Court's first regular Friday 10:30 a.m. session at least three weeks after the Court rules on the pending motions.

TONY WEST Assistant Attorney General

/s/ Carlotta P. Wells Senior Trial Counsel United States Department of Justice Civil Division Federal Programs Branch

Dated: October 9, 2009

[PROPOSED] ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
S T I P . TO EXTEND DEADLINE FOR CASE MANAGEMENT RPT. AND CONF. -3Case No. C 06-04643 MMC

Upon consideration of the parties' stipulation, the case management report presently due one week before the next scheduled case management conference. on October 9, 2009 shall be due two weeks after the Court rules on the pending motions. The hereby case management conference, which is presently scheduled for October 16, 2009, is continued to VACATED, and will be reset by the Court, as necessary, following the Court's ruling on the pending motions. the Court's first regular Friday 10:30 a.m. session at least three weeks after the Court rules on the pending motions. PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated:_O__ober_14,_2009 __ _ ct ___ __ ____

____________________________________ MAXINE M. CHESNEY United States District Judge