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

Filing 22

STIPULATION AND ORDER vacating the Case Management Conference scheduled for 3/19/10. Setting Cross Motions for Summary Judgment hearing on 7/23/10 at 10:00 a.m. Plaintiff's Motion to be filed by 4/16/10; Defendants' Cross-Motion and Opposition due by 5/17/10; Plaintiff's Cross-Opposition and Reply due by 6/16/10. Signed by Judge Samuel Conti on 3/18/10. (tdm, COURT STAFF) (Filed on 3/18/2010)

1 TONY WEST Assistant Attorney General 2 ISAAC R. CAMPBELL United States Department of Justice 3 Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW, Room 6130 4 Washington, D.C. 20530 Tel: [phone] Fax : [phone] J OSEPH P. RUSSONIELLO, CSBN 44332 7 United States Attorney J OANN M. SWANSON, CSBN 88143 8 Assistant United States Attorney Chief, Civil Division 9 ILA C. DEISS, NY SBN 3052909 Assistant United States Attorney 10 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 11 Telephone: [phone] FAX: [phone] Attorneys for Defendants 14 15 16 17 TRI-VALLEY CARES, 18 19 v. Plaintiff , UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) No. C 08-5408 SC STIPULATION TO BRIEFING; and [Proposed] ORDER 6

20 UNITED STATES DEPARTMENT OF ENERGY and NATIONAL NUCLEAR 21 SECURITY ADMINISTRATION, 22 23 24 D ef en d a n t s .

Date: J uly 23, 2010 Time: 10:00 a.m.

Plaintiff, Tri-Valley Cares, and defendants, the United States Department of Energy ("DOE"),

25 and the National Nuclear Security Administration ("NNSA"), by and through their counsel of 26 record, hereby stipulate, subject to the approval of the Court, to the following briefing schedule in 27 this Freedom of Information Act (FOIA) case: 28 1. On March 17, 2010, the Court vacated the case management conference scheduled for Stipulation to Briefing C 08-5408 SC

1 March 19, 2010. 2 2. The parties believe this case can be resolved through cross-motions for summary judgment,

3 in which plaintiff would file its motion first given plaintiff's intent to challenge as of yet 4 unidentified agency redactions and its pattern and practice claim. 5 3. Accordingly, the parties respectfully ask this Court to set the briefing schedule on the

6 parties' cross-motions for summary judgment as follows: 7 8 9 10 11 Plaintiff's Motion for Summary Judgment: Defendants' Cross-Motion and Opposition: Plaintiff's Cross-Opposition and Reply: Defendants' Reply: Hearing: April 16, 2010. May 17, 2010 J une 16, 2010 J uly 1, 2010 July 23, 2010 at 10:00 a.m. Respectfully submitted, J OSEPH P. RUSSONIELLO United States Attorney /s/ ILA C. DEISS Assistant United States Attorney Attorney for Defendants ISAAC CAMPBELL Trial Attorney United States Department of Justice Dated: March 18, 2010 /s/ SCOTT J. YUNDT Attorney for Plaintiff O RD ER Pursuant to the stipulation, IT IS SO ORDERED.
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12 Dated: March 18, 2010 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Date: 3/18/10 27 28 Stipulation to Briefing C 08-5408 SC 2

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____________ORDERED __________ _______ I L CONTI SAMUET IS SO United States District Judge
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