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

Filing 92

ORDER GRANTING Modified Stipulation re (91 in 3:08-cv-01023-JSW) MOTION to Stay re (90) Order on Motion for Summary Judgment for 60 Days Pending Appeal Determination by Solicitor General; MOTION to Stay re (90) Order on Motion for Summary Judgment, ( 73 in 3:08-cv-02997-JSW) MOTION to Stay re (72) Order on Motion for Summary Judgment for 60 days pending appeal determination by Solicitor General MOTION to Stay re (72) Order on Motion for Summary Judgment. Signed by Judge Jeffrey S. White on October 2, 2009. (jswlc2, COURT STAFF) (Filed on 10/2/2009)

Case3:08-cv-01023-JSW Document91-2

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TONY WEST Assistant Attorney General ELIZABETH J. SHAPIRO Deputy 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: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO

) Nos. 08-2997 JSW & 08-1023 JSW ) ) STIPULATION TO EXPEDITE Plaintiff, ) MOTION FOR A 60-DAY STAY ) PENDING APPEAL v. ) DETERMINATION BY ) SOLICITOR GENERAL OFFICE OF THE DIRECTOR OF NATIONAL ) AND ORDER THEREON INTELLIGENCE and UNITED STATES ) DEPARTMENT OF JUSTICE, ) ) Defendants. ) __________________________________________) ELECTRONIC FRONTIER FOUNDATION,

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THE PARTIES HEREBY STIPULATE, pursuant to Local Rules 6-1(b), 6-2, and 7-12, to expedite the briefing and adjudication of Defendants' Motion for a 60-Day Stay Pending Appeal Determination by Solicitor General, filed concurrently herewith. Defendants' Motion seeks a 60-day stay of the Court's September 24, 2009 order, which ordered that "the improperly withheld documents shall be disclosed by no later than October 9, 2009. " Dkt. No. 90. Accordingly, it is necessary to expedite defendants' Motion so that it is decided prior to the October 9, 2009 disclosure deadline. The parties therefore stipulate that plaintiff's response to
Stip. to Expedite Mtn for 60-Day Stay Pending Appeal Determination ­ C 08-2997 & 08-1023 (JSW)

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defendants' Motion be filed on or before October 6, 2009, and that the Court hear defendants' Motion on October 7, 2009, at 9:00 a.m., or submit defendants' Motion for decision without hearing as of the conclusion of briefing.

Dated: Sept. 30, 2009

Respectfully submitted, TONY WEST Assistant Attorney General ELIZABETH J. SHAPIRO Deputy Director, Federal Programs Branch /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: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Defendants /s/ Marcia Hofmann Marcia Hofmann, Esq. Kurt Opsahl, Esq. Nathan D. Cardozo, Esq. ELECTRONIC FRONTIER FOUNDATION 454 Shotwell Street San Francisco, CA 94110 Telephone: [phone] Facsimile: [phone] David L. Sobel (pro hac vice) ELECTRONIC FRONTIER FOUNDATION 1875 Connecticut Ave. NW Suite 650 Washington, DC 20009 Telephone: [phone] x104 Facsimile: [phone] Attorneys for Plaintiff

Stip. to Expedite Mtn for 60-Day Stay Pending Appeal Determination ­ C 08-2997 & 08-1023 (JSW)

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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 plaintiff's response to Defendants' Motion for a 60-Day Stay Pending Appeal Determination by Solicitor General be filed on or before October 6, 2009. It is FURTHER ORDERED that the Court hear defendants' October 9, 2009 Motion on October 7, 2009, at 9:00 a.m., or submit defendants' Motion for decision without hearing as of the conclusion of briefing.

October 2, 2009 DATED: ___________________

_______________________________________ Honorable Jeffrey S. White United States District Judge

Stip. to Expedite Mtn for 60-Day Stay Pending Appeal Determination ­ C 08-2997 & 08-1023 (JSW)

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