Padilla et al v. Yoo

Filing 39

ORDER GRANTING 37 Stipulation CONSOLIDATING HEARING DATES FOR MOTIONS AND FOR EXPEDITED CONSIDERATION. Signed by Judge Jeffrey S. White on 1/13/09. (jjo, COURT STAFF) (Filed on 1/13/2009)

1 GREGORY G. KATSAS Assistant Attorney General 2 C. FREDERICK BECKNER III Deputy Assistant Attorney General 3 TIMOTHY P. GARREN 4 Director, Torts Branch MARY HAMPTON MASON 5 Senior Trial Counsel GLENN S. GREENE 6 SARAH WHITMAN Trial Attorneys 7 Torts Branch, Civil Division United States Department of Justice 8 P.O. Box 7146 Ben Franklin Station 9 Washington, D.C. 20044 10 Telephone:[phone] Facsimile: [phone] 11 [e-mail] 12 Attorneys for Defendant John Yoo 13 14 15 16 JOSE PADILLA AND ESTELA LEBRON, 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATED REQUEST FOR AN ORDER CONSOLIDATING HEARING DATES FOR MOTIONS AND FOR EXPEDITED CONSIDERATION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) PLAINTIFFS, ) ) v. ) ) JOHN YOO, ) ) DEFENDANT. ) ) __________________________________________) CASE NO.: C 08-00035 JSW STIPULATED REQUEST FOR AN ORDER CONSOLIDATING HEARING DATES FOR MOTIONS AND FOR EXPEDITED CONSIDERATION AND ORDER THEREON

Pursuant to Civil Local Rules 6-2 and 7-12, the parties to the above captioned action, through their respective counsel, stipulate to this request for an order consolidating the hearing dates for Defendant John Yoo's Motion to Dismiss and Motion for Leave to File A Motion for a

1 Protective Order and for Leave to File Confidential Materials Under Seal to February 6, 2009. 2 In support of this stipulated request, the parties, through their respective counsel, state the

3 following facts: 4 1. The parties have completed briefing on Defendant John Yoo's Motion to Dismiss

5 the First Amended Complaint in this matter. Pursuant to the Court's Order of September 24, 6 2008, the hearing for this motion is scheduled for January 30, 2009. 7 2. On November 25, 2008, Defendant Yoo filed a Motion for Leave to File A

8 Motion for a Protective Order and for Leave to File Confidential Materials Under Seal. 9 Plaintiffs' Opposition to this motion is due on January 16, 2009, and Defendant Yoo's Reply is 10 due on January 23, 2009. A hearing for this motion has been calendared for February 6, 2009. 11 At the time the motion was filed, January 30, 2009 was not an available date for a hearing. 12 3. The confidential materials that are the subject of the Motion for Leave to File A

13 Motion for a Protective Order and for Leave to File Confidential Materials Under Seal are 14 referred to by Plaintiffs in the First Amended Complaint. The motion seeks a protective order 15 that would allow Defendant Yoo to file these materials with the Court under seal so that they can 16 be considered in further support of the motion to dismiss. 17 4. Since Defendant Yoo's Motion for Leave to File A Motion for a Protective Order

18 and for Leave to File Confidential Materials Under Seal is related to his Motion to Dismiss, it 19 would be logical and a more efficient use of the Court's resources to hold hearings on both 20 motions the same day. It would also be more efficient for the parties, whose counsel will be 21 traveling from Washington, D.C. and New Haven, CT, if they could make just one trip to San 22 Francisco to argue these related motions. Under the current schedule, the parties will be required 23 to travel to San Francisco twice for hearings on consecutive Fridays. 24 5. Given the current schedule, this requested consolidation will not delay any

25 proceedings, affect any deadlines, or prejudice the parties. 26 27 28 2
STIPULATED REQUEST FOR AN ORDER CONSOLIDATING HEARING DATES FOR MOTIONS AND FOR EXPEDITED CONSIDERATION

1

6.

Furthermore, consolidating the hearings on these two motions will facilitate the

2 processing of a similar lawsuit filed by Plaintiffs in the U.S. District Court for the District of 3 South Carolina in which Plaintiffs have made similar allegations in relation to the designation of 4 Jose Padilla as an enemy combatant and his subsequent detention and treatment. The federal 5 defendants in that case ­ current and former government officials ­ have filed motions to dismiss 6 Plaintiffs' claims and those motions have been fully briefed. When the court hearing the District 7 of South Carolina matter informed the parties that it was considering hearing argument on the 8 motions on January 20, 2009, the federal defendants informed the court that the date was 9 problematic and consulted with Plaintiffs to find a different date that was suitable for the parties. 10 The court has indicated that it would like to hear argument sometime in January (this month). If 11 the hearings on the pending motions in this Court are consolidated to February 6, 2009, the 12 hearing on the pending motions in the District of South Carolina can be held during the last week 13 of January. 14 7. Because of the impact of scheduling in this case on the District of South Carolina

15 case, the parties request expedited consideration of their request for consolidation. 16 8. Accordingly, the parties have stipulated, subject to the approval of the Court, to

17 the following: 18 19 20 21 22 23 24 25 26 27 28 3
STIPULATED REQUEST FOR AN ORDER CONSOLIDATING HEARING DATES FOR MOTIONS AND FOR EXPEDITED CONSIDERATION

a.

The hearings for Defendant John Yoo's Motion to Dismiss and his Motion for Leave to File A Motion for a Protective Order and for Leave to File Confidential Materials Under Seal will be consolidated to February 6, 2009.

1 Respectfully submitted, 2 3 4 5 6 7 8 I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document. 9 /S/ 10 Glenn S. Greene Counsel for John Yoo 11 12 13 14 15 PURSUANT TO STIPULATION, IT IS SO ORDERED 16 ___________________________________ Judge Jeffrey S. White 17 United States District Court for the Northern District of California 18 January 12, 2009 19 Dated: _______________ 20 21 22 23 24 25 26 27 28 4
STIPULATED REQUEST FOR AN ORDER CONSOLIDATING HEARING DATES FOR MOTIONS AND FOR EXPEDITED CONSIDERATION

/S/ Glenn S. Greene Counsel for John Yoo

/S/ Jonathan M. Freiman Counsel for Jose Padilla and Estela Lebron