Gerstein v. Central Intelligence Agency et al

Filing 131

ORDER GRANTING STIPULATION TO EXTEND DEFENDANTS' BRIEFING DEADLINE FOR FILING RENEWED MOTION FOR SUMMARY JUDGMENT. Extending deadline to April 23, 2010. Signed by Judge Maxine M. Chesney on March 26, 2010. (mmclc2, COURT STAFF) (Filed on 3/26/2010)

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TONY WEST Assistant Attorney General JOSEPH P. RUSSONIELLO 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 AND ORDER STIPULATION TO EXTEND DEFENDANTS^ BRIEFING DEADLINE ' FOR FILING RENEWED MOTION FOR SUMMARY JUDGMENT AND MEMORANDUM IN SUPPORT THEREOF

The parties hereby stipulate to a three-week extension, until April 23, 2010, of the April 2,

23 2010 deadline for defendants' renewed motion for summary judgment, which was set pursuant to 24 the Court's February 23, 2010 Order. The bases for this stipulation are as follows: 25 1. On February 23, 2010, the Court issued an Order granting in part and denying in part

26 defendants' renewed motion for summary judgment regarding plaintiff's request to the 27 Department of Justice's Office of Professional Responsibility (OPR) under the Freedom of 28 Information Act (FOIA). Plaintiff's FOIA request sought documents relating to leaks of classified
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information. With respect to certain of OPR's withholdings under FOIA exemptions 2, 5, 6, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Respectfully submitted, 20 JOSHUA GERSTEIN 21 22 /s/ 23 Plaintiff 24 25 26 27 Dated: March 26, 2010 28
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7(C), the Court denied the government's motion for summary judgment without prejudice, allowing OPR until April 2, 2010 to file a renewed summary judgment motion. 2. On March 24, 2010, OPR advised defendants' counsel that more time was needed for that component to review the documents at issue, determine the extent to which OPR could produce at least some of the information that has been withheld in response to plaintiff's request, and prepare a revised Vaughn declaration. OPR further informed counsel that the Vaughn declarant would be out of the office part of the next week and that the OPR attorney will be on leave the week of March 29, 2010. 3. Undersigned counsel also will be on leave the week of March 29. In addition, once OPR has completed its review of the documents, government counsel intends to discuss with plaintiff the extent to which the parties can narrow the scope of the information at issue. 4. For these reasons, defendants seek a three-week extension of time, or until April 23, 2010, to file a renewed motion for summary judgment. 5. Plaintiff stipulates to the request for a three-week extension of time for defendants to file their papers. Accordingly, the parties stipulate to extend the defendants' briefing deadline by three weeks, or until April 23, 2010.

TONY WEST Assistant Attorney General

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

Dated: March 26, 2010

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[PROPOSED] ORDER Upon consideration of the parties' stipulation, the briefing deadline set by the February 23, 2010 Order is extended by three weeks, to reflect that defendants' renewed motion for summary judgment is due no later than April 23, 2010. PURSUANT TO STIPULATION, IT IS SO ORDERED.

Mar __ 26, 2010 Dated:____ch ___________

____________________________________ MAXINE M. CHESNEY United States District Judge

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