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

Filing 68

ORDER DENYING IN PART Stipulation to Exceed Page Limitation. Signed by Judge Jeffrey S. White on December 5, 2008. (jswlc2, COURT STAFF) (Filed on 12/5/2008)

Case 3:08-cv-02997-JSW

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Filed 12/04/2008

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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

) No. 08-2997 JSW ) ) STIPULATION TO EXCEED Plaintiff, ) PAGE LIMITATION FOR ) MOTIONS FOR SUMMARY v. ) JUDGMENT ) AND ORDER THEREON OFFICE OF THE DIRECTOR OF NATIONAL ) INTELLIGENCE and UNITED STATES ) DEPARTMENT OF JUSTICE ) ) Defendants, ) __________________________________________) ELECTRONIC FRONTIER FOUNDATION, THE PARTIES HEREBY STIPULATE, pursuant to Local Rules 7-4(b) and 7-12, that the page limitation for defendants' consolidated motion for summary judgment, due on December 8, 2008, shall be extended to up to 50 pages, and that plaintiff's opposition brief and cross-motion for summary judgment may also be up to 50 pages, should plaintiff find that it needs additional pages to respond to defendants' consolidated motion for summary judgment and

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Stipulation to Exceed Page Limitation for Motions for Summary Judgment , C 08-2997 (JSW)

Case 3:08-cv-02997-JSW

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cross-move for summary judgment. In support of this stipulation, the parties state the following: 1. Defendants' motion for summary judgment is due on December 8, 2008. The motion will be a consolidated motion for summary judgment for two Freedom of Information Act ("FOIA") cases, C 08-1023 (JSW) and C 08-2997 (JSW). (See Civil Action No. 08-1023, dkt. # 59). These two cases involve multiple FOIA requests to multiple federal agency components and large volumes of responsive and exempt documents. The brief discusses numerous exemptions claimed to protect various documents from disclosure under the FOIA, and multiple declarations will be submitted in support of the brief. The brief also necessarily includes a detailed factual discussion of the FOIA requests and the components' responses. 2. The parties have agreed to extend the page limitations for their opening briefs in support of their motions for summary judgment, to up to 50 pages. Plaintiff recognizes that it may not need additional pages and cannot make that determination until it receives defendants' consolidated motion for summary judgment. Nevertheless, plaintiff has no objection to the Court granting the government additional pages provided that plaintiff receives the same number of pages. 3. Because of the complexity of the case, both factually and legally, the parties respectfully request this extension of the 25-page limitation set forth in Local Rule 7-4(b).

Dated: December 5, 2008

Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JOHN TYLER Assistant Director, Federal Programs Branch

Stipulation to Exceed Page Limitation for Motions for Summary Judgment , C 08-2997 (JSW)

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Case 3:08-cv-02997-JSW

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/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 The stipulation is DENIED. The parties may have 35 pages for the opening and opposition briefs and 20 pages for their replies. Dated: December 5, 2008

JEFFREY S. WHITE UNITED STATES DISTRICT COURT

Stipulation to Exceed Page Limitation for Motions for Summary Judgment , C 08-2997 (JSW)

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