Gerstein v. Central Intelligence Agency et al

Filing 148

ORDER ON STIPULATION TO EXTEND DEFENDANTS' BRIEFING DEADLINE FOR FILING RENEWED MOTION FOR SUMMARY JUDGMENT. Defendants' renewed motion for summary judgment is due no later than October 22, 2010. Signed by Judge Maxine M. Chesney on 10/25/10. (mmclc2, COURT STAFF) (Filed on 10/25/2010)

Gerstein v. Central Intelligence Agency et al

Doc. 148

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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 ORDER ON 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 one-week extension, until October 29, 2010, of the

22 deadline for defendants to file a renewed motion for summary judgment. The current deadline, 23 pursuant to the Court's September 17, 2010 Order (docket # 146), is October 22, 2010. The bases 24 for this stipulation are as follows: 25 1. The Court's September 17, 2010 Order granted in part and denied in part defendants'

26 renewed motion for summary judgment regarding plaintiff's request to the Department of 27 28
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Dockets.Justia.com

1 Justice's Office of Professional Responsibility (OPR) under the Freedom of Information Act 2 (FOIA). Plaintiff's FOIA request sought documents relating to leaks of classified 3 information. With respect to OPR's withholdings in four documents under FOIA exemptions 6 4 and 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 and a more detailed 6 explanation for the withholdings. 7 2. OPR has completed its initial review of the pertinent documents and has preliminarily

8 determined to release the information at issue, which had been withheld in response to plaintiff's 9 FOIA request under exemptions 6 and 7(C). The information cannot be released, however, until 10 after other components within the U.S. Department of Justice indicate their approval for release. 11 The process of obtaining this approval has not been completed. 12 3. Assuming OPR has received approval to release the information in the four documents

13 withheld under exemptions 6 and 7(C) , defendants will produce them to plaintiff. If produced, 14 then the outstanding issues in this case will be resolved. 15 4. In order to determine whether the information is authorized for release and, if not, to

16 allow sufficient time for the filing of a renewed motion for summary judgment, government 17 counsel informed plaintiff of the ongoing review of the information and the current status. 18 Plaintiff informed government counsel that he would stipulate to a one-week extension of time for 19 the filing of the government's motion for renewed summary judgment. 20 21 22 23 24 25 26 27 28
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Accordingly, the parties stipulate to extend the defendants' briefing deadline by one week,

2 or until October 29, 2010. 3 4 Respectfully submitted, 5 JOSHUA GERSTEIN 6 7 /s/ 8 Plaintiff 9 10 11 12 Dated: October 22, 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: October 22, 2010

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

3 17, 2010 Order is extended by one week, to reflect that defendants' renewed motion for summary 4 judgment is due no later than October 22, 2010. 5 6 7 Dated:__O__ober_25,_2010 _ _ ct ___ __ ____ 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