Jewel et al v. National Security Agency et al

Filing 26

STIPULATION to Revise Hearing Date and to Set Briefing Schedule by Barack Obama, Eric Holder, Dennis C Blair, National Security Agency, Keith B. Alexander, United States of America, Department of Justice. (Coppolino, Anthony) (Filed on 5/1/2009)

Jewel et al v. National Security Agency et al

Doc. 26

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MICHAEL F. HERTZ Acting Assistant Attorney General, Civil Division DOUGLAS N. LETTER Terrorism Litigation Counsel JOSEPH H. HUNT Director, Federal Programs Branch VINCENT M. GARVEY Deputy Branch Director ANTHONY J. COPPOLINO Special Litigation Counsel U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW, Rm. 6102 Washington, D.C. 20001 Phone: [phone] Fax: [phone] Attorneys for the Government Defendants Sued in their Official Capacity UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. C:08-cv-4373-VRW

) ) CAROLYN JEWEL, TASH HEPTING, ) GREGORY HICKS, ERIK KNUTZEN, and ) JOICE WALTON, ) Plaintiffs, ) ) ) v. ) NATIONAL SECURITY AGENCY ("NSA"); ) KEITH B. ALEXANDER, Director of the NSA; ) UNITED STATES OF AMERICA; ) BARACK OBAMA, President of the United ) States; UNITED STATES DEPARTMENT OF ) JUSTICE; ERIC HOLDER, Attorney General ) ) of the United States; DENNIS C. BLAIR, ) Director of National Intelligence. ) Government Defendants ) Sued in Their Official Capacity. ) _______________________________________)

STIPULATION TO REVISE HEARING DATE AND TO SET BRIEFING SCHEDULE [Civil L.R. 6-1(b); 6-2; 7-12] Courtroom: Judge: 6, 17th Floor Hon. Vaughn R. Walker

Stipulation to Revise Hearing Date and to Set Briefing Schedule Jewel et al. v. National Security Agency et al., Case No. 08-cv-4373-VRW

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Pursuant to Local Rule 6.1(b), the parties, through their undersigned counsel, hereby stipulate and agree to a revised hearing date in connection with the Government Defendants' Motion to Dismiss or for Summary Judgment filed on April 3, 2009, and to a briefing schedule for that motion. RECITALS 1. On September 18, 2008, plaintiffs filed a complaint in this action against the

National Security Agency ("NSA"), the United States, and several Government officials in their official and individual capacities, challenging alleged surveillance activities on statutory and constitutional grounds. See Dkt. 1 in 08-cv-4373 (Sept. 18, 2008). 2. On April 3, 2009, the Government Defendants sued on their official capacities

filed a Motion to Dismiss and for Summary Judgment. See Dkt. 18. The Government Defendants noticed their motion for June 25, 2009--a date which, at the time, appeared to be available on the Court's motion calendar. Subsequently, the Government Defendants have been advised that the Court is unavailable on June 25, 2009. 3. The undersigned counsel for the Government Defendants has conferred with

counsel for the plaintiffs regarding a revised hearing date, and the parties request that the Government Defendants' motion be set for hearing on July 15, 2009--a date currently available on the Court's motion calendar. 4. In addition, if it please the Court, the parties request that the matter be set for

hearing at 10:30 a.m. instead of 2:30 p.m. when the Court normally hears motions. 5. The parties also have conferred and agreed upon the following briefing schedule

in connection with a July 15 hearing date: June 3, 2009 - Plaintiffs' Opposition to the Government Defendants' Motion June 26, 2009 - Government Defendants' Reply 6. This stipulation does not address any scheduling issue in connection with

plaintiffs' claims against the defendants sued in their individual capacities.

Stipulation to Revise Hearing Date and to Set Briefing Schedule Jewel et al. v. National Security Agency et al., Case No. 08-cv-4373-VRW

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STIPULATION Pursuant to L.R. 6.1(b), the parties, through their undersigned counsel, hereby stipulate and agree to the following schedule in connection with the Government Defendants' Motion to Dismiss and For Summary Judgment: 1. 2. 3. June 3, 2009: Plaintiffs' Opposition to the Government Defendants' Motion June 26, 2009: Government Defendants' Reply July 15, 2009: Hearing on Government Defendants' Motion at 10:30 a.m.

DATED: April 30, 2009

Respectfully Submitted, MICHAEL F. HERTZ Acting Assistant Attorney General DOUGLAS N. LETTER Terrorism Litigation Counsel JOSEPH H. HUNT Director, Federal Programs Branch VINCENT M. GARVEY Deputy Branch Director ANTHONY J. COPPOLINO Special Litigation Counsel U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW, Rm. 6102 Washington, D.C. 20001 Phone: [phone] Fax: [phone] Email: [e-mail] By: s/ Anthony J. Coppolino Anthony J. Coppolino Attorneys for the Government Defendants Sued in Their Official Capacity

Stipulation to Revise Hearing Date and to Set Briefing Schedule Jewel et al. v. National Security Agency et al., Case No. 08-cv-4373-VRW

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DECLARATION PURSUANT TO GENERAL ORDER 45, § X.B I, ANTHONY J. COPPOLINO, hereby declare that, pursuant to General Order 45, § X.B, I have obtained the concurrence in the filing of this document from each of the other signatories listed below. I declare under penalty of perjury that the foregoing declaration is true and correct. Executed on April 30, 2009, in the City of Washington, District of Columbia. s/ Anthony J. Coppolino ANTHONY J. COPPOLINO Special Litigation Counsel U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW, Rm. 6102 Washington, D.C. 20001 Phone: [phone]--Fax: [phone] (tony.coppolino@usdojgov) SIGNATORY PER G.O. 45: ELECTRONIC FRONTIER FOUNDATION CINDY COHN (145997) LEE TIEN (148216) KURT OPSAHL (191303) KEVIN S. BANKSTON (217026) JAMES S. TYRE (083117) 454 Shotwell Street San Francisco, CA 94110 Telephone: [phone] (fax) By: s/ Kevin S. Bankston per G.O. 45 Kevin S. Bankston Attorneys for Plaintiffs

Stipulation to Revise Hearing Date and to Set Briefing Schedule Jewel et al. v. National Security Agency et al., Case No. 08-cv-4373-VRW

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[PROPOSED] ORDER Pursuant to the foregoing Stipulation, and good cause appearing, the Court hereby sets the following schedule in connection with the Government Defendants' Motion to Dismiss and For Summary Judgment in this action: 1. 2. 3. June 3, 2009: Plaintiffs' Opposition to Government Defendant's Motion June 26, 2009: Government Defendants' Reply July 15, 2009: Hearing on Government Defendants' Motion at 10:30 a.m.

PURSUANT TO STIPULATION, IT IS SO ORDERED: Dated: __________ ___, 2009 ________________________________ Hon. Vaughn R. Walker United States District Chief Judge

Stipulation to Revise Hearing Date and to Set Briefing Schedule Jewel et al. v. National Security Agency et al., Case No. 08-cv-4373-VRW

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