Shubert et al v. Bush et al

Filing 33

STIPULATION AND ORDER granting doc 32 in C07-0693 Shubert v Bush filed by United States of America. The government defendants' renewed motion to dismiss and for summary judgment shall be filed no later than 10/20/2009. The plaintiffs' op position to that motion shall be filed no later than 11/24/2009. Reply shall be filed no later than 12/4/2009. The hearing shall remain set for 12/15/2009 at 10:00 AM. Signed by Judge Vaughn R Walker on 10/7/2009. (cgk, COURT STAFF) (Filed on 10/7/2009)

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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 BETH BRINKMANN Deputy Assistant Attorney General JOSEPH H. HUNT Director, Federal Programs Branch VINCENT M. GARVEY Deputy Branch Director ANTHONY J. COPPOLINO Special Litigation Counsel PAUL E. AHERN Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Room 6102 Washington, DC 20001 Tel: (202) 514-4782 Fax: (202) 616-8460 tony.coppolino@usdoj.gov Attorneys for the Government Defendants in Their Official Capacities MATTHEW D. BRINCKERHOFF ILANN M. MAZEL EMERY CELLI BRINCKERHOFF &ABADY LLP 75 Rockefeller Plaza, 20th Floor New York, NY 10019 Tel: 212-763-5000 Fax: 212-763-5001 imaazel@ecbalaw.com Attorneys for the Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) VIRGINIA SHUBERT, et al., ) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, et al., ) ) ) Defendants. ) _______________________________________) MDL Docket No. 06-1791 VRW Case No. C:07-cv-693-VRW STIPULATION TO EXTEND TIME TO RENEW MOTION TO DISMISS AND FOR SUMMARY JUDGMENT Courtroom: 6, 17th Floor Judge: Hon. Vaughn R. Walker S t ip u la t io n to Extend Time to Renew M o t io n to Dismiss and for Summary Judgment S h u b e r t v. United States (07-cv-693-VRW ) /( M D L 06-cv-1791-VRW ) 1 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 Pursuant to Local Rule 6-2, the parties hereby stipulate to an extension of time for the Government Defendants to renew their motion to dismiss and for summary judgment, and to adjust the briefing schedule on that motion accordingly, but not the scheduled hearing date. RECITALS 1. On September 10, 2009, the parties agreed to and the Court adopted a briefing schedule for Government Defendants to renew their motion to dismiss or, in the alternative, for summary judgment based on the Government's assertion of the state secrets privilege. According to that schedule, Government Defendants' renewed motion is due October 8, 2009; plaintiffs' opposition is due November 5, 2009; and Government Defendants' reply is due November 19, 2009. A hearing for that motion is scheduled for December 15, 2009. Dkt. 31 in 07-cv-693. 2. Government Defendants require additional time for the necessary consultations before filing their renewed motion. The parties have conferred and agreed to a proposed modification of the briefing schedule. 3. Therefore, the parties have stipulated and agreed that the Government Defendants' renewed motion to dismiss or, in the alternative, for summary judgment would be due no later than October 20, 2009. The parties have further stipulated and agreed that the plaintiffs' opposition to that motion would be due no later than November 24, 2009, and the Government Defendants' reply in support of the motion would be due no later than December 4, 2009.1 The parties stipulate and agree that the hearing on the Government Defendants' motion should remain scheduled for December 15, 2009, and the parties request that the Court not alter this date. A proposed order is attached. Although this date is eleven days before the scheduled hearing, see Local R. 7-3(c), Government Defendants respectfully request and appreciate the Court's accommodation. S t ip u la t io n to Extend Time to Renew M o t io n to Dismiss and for Summary Judgment S h u b e r t v. United States (07-cv-693-VRW ) /( M D L 06-cv-1791-VRW ) 1 2 1 2 3 4 5 6 7 8 DATED: October 2, 2009 9 10 11 12 13 14 15 16 17 18 STIPULATION Pursuant to Local Rule 6-2, the parties hereby stipulate that: the Government Defendants' renewed motion to dismiss or, in the alternative, for summary judgment would be due no later than October 20, 2009; the plaintiffs' opposition to that motion would be due no later than November 24, 2009; and the Government Defendants' reply in support of the motion would be due no later than December 4, 2009. The hearing on the Government Defendants' motion would be December 15, 2009, as previously scheduled. Respectfully Submitted, BETH BRINKMANN Deputy Assistant Attorney General JOSEPH H. HUNT Director, Federal Programs Branch VINCENT M. GARVEY Deputy Branch Director ANTHONY J. COPPOLINO Special Litigation Counsel PAUL E. AHERN Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Room 6102 Washington, DC 20001 Tel: (202) 305-0633 Fax: (202) 616-8460 paul.ahern@usdoj.gov By: /s Paul E. Ahern Paul E. Ahern 19 20 21 22 23 24 25 26 27 28 Attorneys for the Government Defendants Sued in Their Official Capacity S t ip u la t io n to Extend Time to Renew M o t io n to Dismiss and for Summary Judgment S h u b e r t v. United States (07-cv-693-VRW ) /( M D L 06-cv-1791-VRW ) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 DECLARATION PURSUANT TO GENERAL ORDER 45, § X.B I, PAUL E. AHERN, hereby declare pursuant to General Order 45, § X.B, that I have obtained the concurrence in the filing of this document from each of the other signatories listed below. I declare under penalty of perjury that the foregoing declaration is true and correct. Executed on October 2, 2009, in the City of Washington, District of Columbia. BETH BRINKMANN Deputy Assistant Attorney General JOSEPH H. HUNT Director, Federal Programs Branch VINCENT M. GARVEY Deputy Branch Director ANTHONY J. COPPOLINO Special Litigation Counsel PAUL E. AHERN Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Room 6102 Washington, DC 20001 Tel: (202) 514-4782 Fax: (202) 616-8460 tony.coppolino@usdoj.gov By: s/ Paul E. Ahern Paul E. Ahern 17 18 19 20 21 22 23 24 25 26 Attorneys for the Government Defendants Sued in Their Official Capacity EMERY CELLI BRINCKERHOFF &ABADY LLP MATTHEW D. BRINCKERHOFF ILANN M. MAZEL 75 Rockefeller Plaza, 20th Floor New York, NY 10019 Tel: 212-763-5000 Fax: 212-763-5001 imaazel@ecbalaw.com By: s/ Ilann M. Mazel Ilann M. Mazel per G.O. 45 Attorneys for Plaintiffs 27 28 S t ip u la t io n to Extend Time to Renew M o t io n to Dismiss and for Summary Judgment S h u b e r t v. United States (07-cv-693-VRW ) /( M D L 06-cv-1791-VRW ) 4 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 ip u la t io n to Extend Time to Renew M o t io n to Dismiss and for Summary Judgment S h u b e r t v. United States (07-cv-693-VRW ) /( M D L 06-cv-1791-VRW ) [PROPOSED] ORDER Pursuant to the foregoing stipulation to extend time to renew motion to dismiss and for summary judgment and good cause appearing, it is hereby ORDERED that: 1. The Government Defendants' renewed motion to dismiss and for summary judgment shall be filed no later than October 20, 2009. 2. 2009. 3. The Government Defendants' reply in support of the motion shall be filed no later The Plaintiffs' opposition to that motion shall be filed no later than November 24, than December 4, 2009. 4. A hearing on the Government Defendants' motion shall be conducted on December 15, 2009, at 10:00 a.m. IT IS SO ORDERED. UNIT ED S S DISTRICT TE C TA RT U O ER N D IS T IC T R OF A C LI FO __________________________________________ The Honorable Vaughn R. Walker United States District Chief Judge lker ghn R dge Vau Ju Wa R NIA October 7 Dated: __________, 2009. GRAN TED NO RT H

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