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

Filing 67

ORDER GRANTING (23 in 3:08-cv-02997-JSW) Stipulation to Extend Time to File Motion for Summary Judgment. Signed by Judge Jeffrey S. White on 11/24/08. (jjo, COURT STAFF) (Filed on 11/24/2008)

Case 3:08-cv-02997-JSW

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GREGORY G. KATSAS Assistant Attorney General JOHN TYLER Assistant Director, Federal Programs Branch MARCIA BERMAN (PA Bar No. 66168) Trial Attorney, U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., N.W., Room 7132 Washington, D.C. 20530 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO

__________________________________________ ELECTRONIC FRONTIER FOUNDATION,

) No. 08-2997 JSW ) ) STIPULATION TO EXTEND Plaintiff, ) TIME TO FILE MOTION FOR ) SUMMARY JUDGMENT v. ) AND ORDER THEREON ) 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 filing deadline for defendants to file their consolidated motion for summary judgment shall be reset from November 21, 2008, to December 8, 2008, and that the accompanying briefing schedule shall also be reset. In support of this stipulation, the parties state the following:

Stipulation to Extend Time to File Motion for Summary Judgment , C 08-2997 (JSW)

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1.

On October 8, 2008, this Court ordered, pursuant to stipulation, that the deadline for defendants' consolidated motion for summary judgment for C 08-1023 (JSW) and C 08-2997 (JSW) be set for November 21, 2008; the deadline for plaintiff to file its opposition brief and cross-motion for summary judgment, if any, be set for December 23, 2008; the deadline for defendants to file their opposition brief, if any, and reply be set for January 16, 2009; the deadline for plaintiff to file its reply, if any, be set for January 30, 2009; and the Hearing on Cross-Motions for Summary Judgment be set for February 27, 2009 at 9:00 a.m.

2.

The parties have agreed that in an effort to narrow the scope of disputed issues before the Court, defendants will provide copies of multiple preliminary Vaughn indices to plaintiff in advance of filing their consolidated motion for summary judgment. Plaintiff will then inform defendants of the scope of their challenges under the FOIA and defendants will brief those issues accordingly.

3.

The parties have further agreed to extend the summary judgment briefing schedule by two weeks to accommodate this procedure.

4.

Because it will promote judicial efficiency and facilitate resolution of this litigation for the parties to attempt to narrow the scope of disputed issues prior to defendants' filing their consolidated motion for summary judgment, the parties now stipulate for defendants to file their motion for summary judgment on December 8, 2008; for plaintiff to file its opposition brief and cross-motion for summary judgment, if any, by January 9, 2009; for defendants to file their opposition brief, if any, and reply by January 30, 2009; for plaintiff to file its reply, if any, by February 13, 2009; and for the Court to notice the hearing on the

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cross-motions for summary judgment for March 13, 2009, at 9:00 a.m., or for another date at the Court's convenience.

Dated: November 19, 2008

Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JOHN TYLER Assistant Director, Federal Programs Branch /s/ Marcia Berman MARCIA BERMAN (PA Bar No. 66168) Trial Attorney, U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., N.W., Room 7132 Washington, D.C. 20530 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Defendants David L. Sobel (pro hac vice) ELECTRONIC FRONTIER FOUNDATION 1875 Connecticut Ave. NW Suite 650 Washington, DC 20009 Telephone: [phone] x104 Facsimile: [phone] / s/ Kurt Opsahl, Esq. Marcia Hofmann, Esq. ELECTRONIC FRONTIER FOUNDATION 454 Shotwell Street San Francisco, CA 94110 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff

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GENERAL ORDER NO. 45(X) CERTIFICATION I attest that I have obtained Marcia Hoffman's concurrence in the filing of this document. /s/ Marcia Berman MARCIA BERMAN

PURSUANT TO STIPULATION, IT IS ORDERED that the deadline for defendants' consolidated motion for summary judgment for C 08-1023 (JSW) and C 08-2997 (JSW) be set for December 8, 2008; the deadline for plaintiff to file its opposition brief and cross-motion for summary judgment, if any, be set for January 9, 2009; the deadline for defendants to file their opposition brief, if any, and reply be set for January 30, 2009; and the deadline for plaintiff to file its reply, if any, be set for February 13, 2009. It is FURTHER ORDERED that the Hearing on Cross-Motions for Summary Judgment is set for March 13, 2009 at 9:00 a.m.

November 24, 2008 DATED: ___________________

_______________________________________ Honorable Jeffrey S. White United States District Judge

Stipulation to Extend Time to File Motion for Summary Judgment , C 08-2997 (JSW)

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