Jewel et al v. National Security Agency et al

Filing 96

ORDER GRANTING 95 STIPULATION to Expedite Motion to Stay Proceedings. Responses due by 7/23/2012.. Signed by Judge Jeffrey S. White on 7/11/12. (jjoS, COURT STAFF) (Filed on 7/11/2012)

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Case3:08-cv-04373-JSW Document95 Filed07/11/12 Page1 of 5 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 BETH S. BRINKMANN Deputy Assistant Attorney General, Civil Division JOSEPH H. HUNT Director, Federal Programs Branch VINCENT M. GARVEY Deputy Branch Director ANTHONY J. COPPOLINO Special Litigation Counsel tony.coppolino@usdoj.gov MARCIA BERMAN Senior Trial Counsel U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW, Rm. 6102 Washington, D.C. 20001 Phone: (202) 514-4782 Fax: (202) 616-8460 Attorneys for the Government Defendants Sued in their Official Capacity UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CAROLYN JEWEL, TASH HEPTING, GREGORY HICKS, ERIK KNUTZEN, and JOICE WALTON, ) ) ) ) Plaintiffs, ) v. ) ) NATIONAL SECURITY AGENCY and ) KEITH B. ALEXANDER, its Director in his ) official and personal capacities; MICHAEL V. ) HAYDEN in his personal capacity; the ) UNITED STATES OF AMERICA; ) BARACK OBAMA, President of the United ) States, in his official capacity; GEORGE W. ) BUSH, in his personal capacity; RICHARD B. ) CHENEY, in his personal capacity; DAVID S. ) ADDINGTON, in his personal capacity; ) DEPARTMENT OF JUSTICE and ERIC ) HOLDER, the Attorney General, in his official ) capacity; MICHAEL B. MUKASEY, in his ) personal capacity; ALBERTO R. GONZALES, ) in his personal capacity; JOHN D. ASHCROFT, ) in his personal capacity; JAMES D. CLAPPER, ) Director of National Intelligence, in his official ) capacity; JOHN M. McCONNELL, in his ) personal capacity; JOHN D. NEGROPONTE, in ) his personal capacity, ) ) Defendants. ) Case No. 3:08-cv-04373-JSW STIPULATION TO EXPEDITE MOTION TO STAY PROCEEDINGS; [PROPOSED] ORDER Courtroom: 11 – 19th Floor Judge: Hon. Jeffrey S. White Stip. to Expedite Motion to Stay Proceedings Jewel, et al. v. National Security Agency, et al., Case No. 08-cv-4373-JSW -1- Case3:08-cv-04373-JSW Document95 Filed07/11/12 Page2 of 5 THE PARTIES HEREBY STIPULATE, pursuant to Local Rules 6-1(b), 6-2, and 7-12, to 1 expedite the briefing and adjudication of Defendants’ Motion to Stay Proceedings, filed 2 concurrently herewith. Plaintiff’s partial motion for summary judgment was filed on July 2, 3 2012. Defendants’ combined cross-dispositive motion and opposition to plaintiffs’ partial 4 motion for summary judgment is currently due on or before August 31, 2012. Without 5 expedition, the earliest that the instant Motion to Stay Proceedings could be noticed for hearing is 6 August 31, 2012, the day that defendants’ opposition/cross-motion is due. The parties therefore 7 stipulate that plaintiffs’ response to Defendants’ Motion to Stay Proceedings be filed on or before 8 July 23, 2012, and that the motion be submitted at that time. 9 10 Date: July 11, 2012 Respectfully Submitted, 11 12 BETH S. BRINKMANN Deputy Assistant Attorney General, Civil Division 13 JOSEPH H. HUNT Director, Federal Programs Branch 14 15 VINCENT M. GARVEY Deputy Branch Director 16 17 s/ Anthony J. Coppolino ANTHONY J. COPPOLINO Special Litigation Counsel 18 22 s/ Marcia Berman MARCIA BERMAN Senior Trial Counsel U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW, Rm. 6102 Washington, D.C. 20001 Phone: (202) 514-4782—Fax: (202) 616-8460 23 Attorneys for Defendants 19 20 21 24 25 26 27 28 s/ Cindy Cohn CINDY COHN (145997) cindy@eff.org LEE TIEN (148216) KURT OPSAHL (191303) Stip. to Expedite Motion to Stay Proceedings Jewel, et al. v. National Security Agency, et al., Case No. 08-cv-4373-JSW -2- Case3:08-cv-04373-JSW Document95 Filed07/11/12 Page5 of 5 GENERAL ORDER NO. 45(X) CERTIFICATION 1 I attest that I have obtained Cindy Cohn’s concurrence in the filing of this document. 2 3 /s/ Marcia Berman MARCIA BERMAN 4 5 PURSUANT TO STIPULATION, IT IS ORDERED that plaintiffs’ response to 6 Defendants’ Motion to Stay Proceedings be filed on or before July 23, 2012. It is FURTHER 7 ORDERED that Defendants’ Motion to Stay Proceedings be submitted at that time. 8 9 10 11 July 11, 2012 DATED: ___________________ _______________________________________ Honorable Jeffrey S. White United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stip. to Expedite Motion to Stay Proceedings Jewel, et al. v. National Security Agency, et al., Case No. 08-cv-4373-JSW -5-

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