Tri-Valley Cares v. United States Department of Energy et al

Filing 18

STIPULATION AND ORDER Case Management Conference set for 2/19/10 is continued to 3/19/2010 10:00 AM.. Signed by Judge Samuel Conti on 2/16/10. (tdm, COURT STAFF) (Filed on 2/17/2010)

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TONY WEST Assistant Attorney General JOHN R. TYLER ISAAC R. CAMPBEL United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW, Room 6130 Washington, D.C. 20530 Tel: [phone] Fax: [phone] JOSEPH P. RUSSONIELLO (SBN 44332) United States Attorney JOANN M. SWANSON (SBN 88143) Chief, Civil Division ILA DEISS (NYSBN 3052909) Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, California 94102-3495 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION TRI-VALLEY CARES, Plaintiff, v. UNITED STATES DEPARTMENT OF ENERGY and NATIONAL NUCLEAR SECURITY ADMINISTRATION, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) No. C 08-05408 SC STIPULATION TO EXTEND FURTHER STATUS CONFERENCE; and [PROPOSED] ORDER CMC Date: February 19, 2010

The Plaintiff, by and through their attorney of record, and Defendants, by and through their attorneys of record, hereby stipulate in accordance with Civ. L. Rule 6-2, to extend the further status conference in this case, currently scheduled for February 19, 2010, to March 19, 2010, based on the following: 1. The basis asserted by Plaintiff for this Court's jurisdiction is under the Freedom of

S tip u la tio n to Extend Further CM C C 0 8 -5 4 0 8 SC

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Information Act ("FOIA"), 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1331. 2. On March 20, 2009, the Court scheduled a further status conference for December 4, 2009. 3. Due to the attorney for the Defendants' unavailability on that day, the parties asked that the further status conference be reset to February 19, 2010. 4. Defendants' final FOIA disclosures were sent to Plaintiff on February 5, 2010, and Plaintiff just received them on February 12, 2010. 5. In order to give Plaintiff a chance to review the final disclosures and determine if an appeal of the redactions and the completeness of the production is necessary, and for the parties to attempt to narrow the scope of the litigation, and find dates for cross-motions for summary judgment to propose to the Court, the parties respectfully ask for a 30-day extension of time for the further case management conference, to March 19, 2010. 6. There has been only one previous joint extension request and this request is not for the purposes of delay. /// /// ///

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7. The parties understand that any further requests to change time will be disfavored. Therefore, the parties respectfully ask this Court to re-schedule the further status conference to March 19, 2010, with a case management statement one week prior. Dated: February 12, 2010 Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney /s/ ILA C. DEISS Assistant United States Attorney Attorneys for Defendants

Dated: February 12, 2010

__________/s/_________________ SCOTT J. YUNDT Attorney for Plaintiff ORDER

Based on the foregoing, the further status conference is reset to March 19, 2010 at 10:00 a.m., with a Case Management Statement due one week prior. Dated:
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February 16, 2010

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_____________ORDER________ ____ ED O I IS S SAMUELTCONTI United States District Judge
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