Electronic Frontier Foundation v. Office of the Director of National Intelligence et al

Filing 118

ORDER GRANTING (98 in 3:08-cv-02997-JSW) Stipulation TO CONTINUE CMC (117 in 3:08-cv-01023-JSW) Stipulation TO CONTINUE CMC. Case Management Statement due by 9/3/2010. Case Management Conference set for 9/10/2010 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 7/15/10. (jjoS, COURT STAFF) (Filed on 7/15/2010)

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Electronic Frontier Foundation v. Office of the Director of National Intelligence et al Doc. 118 Case3:08-cv-02997-JSW Document98 Filed07/14/10 Page1 of 6 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 TONY WEST Assistant Attorney General JOHN TYLER Assistant Director, Federal Programs Branch MARCIA BERMAN (PA Bar No. 66168) Senior Counsel, U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., N.W., Room 7132 Washington, D.C. 20530 Telephone: (202) 514-2205 Facsimile: (202) 616-8470 Email: marcia.berman@usdoj.gov Attorneys for Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO __________________________________________ ELECTRONIC FRONTIER FOUNDATION, ) Nos. 08-2997, 08-1023 JSW ) ) SECOND STIPULATION TO Plaintiff, ) CONTINUE CASE MANAGEMENT ) CONFERENCE AND ORDER THEREON v. ) ) OFFICE OF THE DIRECTOR OF NATIONAL ) INTELLIGENCE and UNITED STATES ) DEPARTMENT OF JUSTICE ) ) Defendants, ) __________________________________________) THE PARTIES HEREBY STIPULATE, pursuant to Local Rules 6-1(b), 6-2, and 7-12, that the Case Management Conference currently set for July 23, 2010, shall be continued to September 10, 2010. In support of this stipulation, the parties state the following: 1. On May 3, 2010, the United States Court of Appeals for the Ninth Circuit issued the mandate in this case, giving effect to the Ninth Circuit's judgment entered on Second Stipulation to Continue Case Management Conference , Case Nos. 08-2997, 08-1023 (JSW) Dockets.Justia.com Case3:08-cv-02997-JSW Document98 Filed07/14/10 Page2 of 6 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 5. 4. 3. 2. February 9, 2010. In that opinion, the Ninth Circuit vacated this Court's denial of summary judgment for the Government and grant of summary judgment for plaintiff EFF as to FOIA Exemptions 3 and 5, and remanded for consideration of these exemptions consistent with the court's opinion. On May 5, 2004, the Court set a Case Management Conference for July 2, 2010, at 1:30 p.m. On June 23, 2010, the parties filed a stipulation asking the Court to continue the Case Management Conference to July 23, 2010. The parties explained that they needed the additional time to complete a process in which they were jointly engaged of determining the issues that remain for litigation. The parties sought a continuation of the Case Management Conference to promote judicial efficiency and facilitate resolution of the litigation. On June 24, 2010, the Court granted the parties' stipulation and continued the Case Management Conference to July 23, 2010. The Court further ordered that the joint case management conference statement shall be due on or before July 16, 2010. The parties have completed the exchange of information that was referenced in the prior stipulation, and they are now actively engaged in settlement negotiations. The parties request that the Court continue the Case Management Conference scheduled for July 23, 2010, to September 10, 2010, to facilitate the parties' efforts to resolve this case without further litigation. Dated: July 14, 2010 Respectfully submitted, TONY WEST Assistant Attorney General JOHN TYLER Assistant Director, Federal Programs Branch Second Stipulation to Continue Case Management Conference , Case Nos. 08-2997, 08-1023 (JSW) -2- Case3:08-cv-02997-JSW Document98 Filed07/14/10 Page3 of 6 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/ Marcia Berman MARCIA BERMAN (PA Bar No. 66168) Senior Counsel, U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., N.W., Room 7132 Washington, D.C. 20530 Telephone: (202) 514-2205 Facsimile: (202) 616-8470 E-mail: marcia.berman@usdoj.gov Attorneys for Defendants David L. Sobel (pro hac vice) ELECTRONIC FRONTIER FOUNDATION 1875 Connecticut Ave. NW Suite 650 Washington, DC 20009 Telephone: (202) 797-9009 x104 Facsimile: (202) 707-9066 /s/ Marcia Hofmann Cindy Cohn, Esq. Kurt Opsahl, Esq. Marcia Hofmann, Esq. ELECTRONIC FRONTIER FOUNDATION 454 Shotwell Street San Francisco, CA 94110 Telephone: (415) 436-9333 Facsimile: (415) 436-9993 Attorneys for Plaintiff Second Stipulation to Continue Case Management Conference , Case Nos. 08-2997, 08-1023 (JSW) -3- Case3:08-cv-02997-JSW Document98 Filed07/14/10 Page4 of 6 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 GENERAL ORDER NO. 45(X) CERTIFICATION I attest that I have obtained Marcia Hofmann's concurrence in the filing of this document. /s/ Marcia Berman MARCIA BERMAN PURSUANT TO STIPULATION, IT IS ORDERED that the Case Management Conference is continued from July 23, 2010 to September 10, 2010, at 1:30 p.m. or a time convenient for the Court. The joint case management conference statement shall be due on or before September 3, 2010. July 15, 2010 DATED: ___________________ _______________________________________ Honorable Jeffrey S. White United States District Judge Second Stipulation to Continue Case Management Conference , Case Nos. 08-2997, 08-1023 (JSW) -4-

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