Gerstein v. Central Intelligence Agency et al

Filing 135

THIRD STIPULATION AND ORDER TO EXTEND DEFENDANTS' BRIEFING DEADLINE FOR FILING RENEWED MOTION FOR SUMMARY JUDGMENT AND MEMORANDUM IN SUPPORT THEREOF. Deadline extended to May 21, 2010. Signed by Judge Maxine M. Chesney on May 7, 2010. (mmclc2, COURT STAFF) (Filed on 5/7/2010)

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TONY WEST Assistant Attorney General 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, ) ) ) ) ) ) ) ) ) ) ) Case No. C 06-04643 MMC AND ORDER THIRD STIPULATION^TO EXTEND DEFENDANTS' BRIEFING DEADLINE FOR FILING RENEWED MOTION FOR SUMMARY JUDGMENT AND MEMORANDUM IN SUPPORT THEREOF

15 Plaintiff, 16 v. 17 18 19 20 21 CENTRAL INTELLIGENCE AGENCY, et al., Defendants.

The parties hereby stipulate to a third extension, for two weeks or until May 21, 2010, of

22 the deadline for defendants to file a renewed motion for summary judgment. The current 23 deadline, pursuant to Stipulation and Order dated April 22, 2010, is May 7, 2010. The bases for 24 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 28
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1 Department of Justice's Office of Professional Responsibility (OPR) under the Freedom of 2 Information Act (FOIA). Plaintiff's FOIA request sought documents relating to leaks of classified 3 information. With respect to certain of OPR's withholdings under FOIA exemptions 2, 5, 6, and 4 7(C), the Court denied the government's motion for summary judgment without prejudice, 5 allowing OPR the opportunity to file a renewed summary judgment motion. 6 2. On March 26, 2010, the parties stipulated to a three-week extension of time, in part due

7 to scheduling issues and in part to allow the parties an opportunity to determine whether it is 8 possible to narrow the scope of the information which remains at issue in this case. The Court 9 approved the Stipulation. The parties further stipulated to an additional two-week extension of 10 time on April 22, 2010, which the Court also approved. 11 3. As indicated in the April 22 Second Stipulation, OPR provided plaintiff with

12 documents responsive to his FOIA request on April 30, 2010. Included among these documents 13 was information that previously had been withheld in response to plaintiff's FOIA requests. 14 4. On May 3, 4, and 7, 2010, government counsel and plaintiff corresponded through

15 email regarding the released OPR documents. Plaintiff raised several questions, to which 16 government counsel responded. Plaintiff has indicated that the April 30 release appears to resolve 17 at least some of the issues still pending before the Court, but both parties require additional time 18 to precisely define the extent to which they continue to disagree about whether OPR has fully 19 complied with its FOIA obligations. 20 5. In order to allow the parties ample opportunity to resolve their differences, plaintiff and

21 the government stipulate to an additional two-week extension of time for the filing of the 22 government's motion for renewed summary judgment. 23 24 25 26 27 28
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Accordingly, the parties stipulate to extend the defendants' briefing deadline by two

2 weeks, or until May 21, 2010. 3 4 Respectfully submitted, 5 JOSHUA GERSTEIN 6 7 /s/ 8 Plaintiff 9 10 11 12 Dated: May 7, 2010 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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TONY WEST Assistant Attorney General

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

Dated: May 7, 2010

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[PROPOSED] ORDER Upon consideration of the parties' stipulation, the briefing deadline set by the April 22,

3 2010 Order is extended by two weeks, to reflect that defendants' renewed motion for summary 4 judgment is due no later than May 21, 2010. 5 6 May _ ____ 7 Dated:_______7,_2010 ____ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

____________________________________ MAXINE M. CHESNEY United States District Judge