Davis v. Barnhart et al

Filing 104

STIPULATION AND ORDER staying discovery to 1/8/2010 and amending further briefing schedules; Signed by Judge Marilyn Hall Patel on 8/28/2009. (awb, COURT STAFF) (Filed on 8/28/2009)

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JOSEPH P. RUSSONIELLO (SBN 44332) United States Attorney JOANN M. SWANSON (SBN 88143) Chief, Civil Division ANDREW Y.S. CHENG (SBN 164613) Assistant United States Attorney MICHAEL T. PYLE (SBN 172954) Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, California 94102-3495 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Federal Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION TERRENCE DAVIS, ) ) Plaintiff, ) ) ) MICHAEL J. ASTRUE, Commissioner of ) Social Security ) ) Defendant. ) ) ____________________________________) ) JOHN DOE, ) ) Plaintiff, ) ) ) v. ) ) MICHAEL J. ASTRUE, Commissioner of ) Social Security ) ) Defendant. ) ) The parties stipulate to the following: No. C 06-6108 MHP No. C 09-980 MHP E-FILING CASE STIPULATION AND [PROPOSED] ORDER REGARDING DISCOVERY AND HEARING DATES

26 1. 27 the case of Doe v. Astrue. 28 On or before September 17, 2009, plaintiff will file his First Amended Complaint in

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2.

On or before October 6, 2009, or twenty days after the filing of the First Amended

Complaint (whichever date is sooner) in Doe v. Astrue, defendant will file his Answer to the First Amended Complaint. 3. On or before October 12, 2009, defendant will provide a rough draft of a Vaughn index listing the documents being withheld by SSA under one or more FOIA exemptions. 4. On or before October 23, 2009, the parties will propound interrogatories, requests for production of documents, and initial disclosures in the Doe v. Astrue case. The due date for the interrogatories and requests for production of documents will be December 4, 2009. 5. Defendant will produce documents responsive to the outstanding Davis document demands two weeks from the Court's execution of the mutually agreeable protective order. The production will occur in any event, no later than October 9, 2009, provided that the protective order has been signed. 6. On or before October 26, 2009, the parties will file any motions for partial summary

judgment as to the FOIA claim in the case of Davis v. Astrue. The hearing date on this motion will be November 30, 2009, at 2:00 p.m. 7. Except as stated above, all other discovery disputes and discovery will be stayed until January 8, 2010. 8. The parties will schedule a mutually convenient status conference to be held within three weeks after the parties have completed meeting and conferring regarding any outstanding discovery issues.

Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney Dated: August 26, 2009 ___________/s/_________________ ANDREW Y.S. CHENG Assistant United States Attorney

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STIPULATION AND PROPOSED ORDER REGARDING DISCOVERY AND HEARING DATES, 2 C 09-980 MHP

1 2 3 4 5 6 PROPOSED ORDER 7 The Court, having considered the stipulation of the parties, adopts the dates stated above. 8 IT IS SO ORDERED. 9 Dated: August 26, 2009 _______/s/____________________ STEVEN F. BRUCE Attorney for Plaintiffs

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8/28/2009 DATED:____________________

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STIPULATION AND PROPOSED ORDER REGARDING DISCOVERY AND HEARING DATES, 3 C 09-980 MHP

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