Long Haul, Inc. et al v. Regents of the University of California et al

Filing 36

ORDER GRANTING 35 Stipulation re Pending Motions to Dismiss and Amendment of Complaint. Signed by Judge Jeffrey S. White on May 8, 2009. (jswlc3, COURT STAFF) (Filed on 5/8/2009)

Case 3:09-cv-00168-JSW

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Jennifer Stisa Granick (State Bar No. 168423) Matt Zimmerman (State Bar No. 212423) Marcia Hofmann (State Bar No. 250087) ELECTRONIC FRONTIER FOUNDATION 454 Shotwell Street San Francisco, California 94110 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Ann Brick (State Bar No. 65296) Michael T. Risher (State Bar No. 191627) AMERICAN CIVIL LIBERTIES FOUNDATION OF NORTHERN CALIFORNIA 39 Drumm Street San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Attorneys for Plaintiffs LONG HAUL, INC. and EAST BAY PRISONER SUPPORT

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA LONG HAUL, INC. and EAST BAY PRISONER SUPPORT, Plaintiffs, v. REGENTS OF THE UNIVERSITY OF CALIFORNIA, VICTORIA HARRISON; KAREN ALBERTS; WILLIAM KASISKE; WADE MACADAM; TIMOTHY J. ZUNIGA; BRUCE BAUER, et al., Defendants. Case No.: 09-00168-JSW STIPULATION AND PROPOSED ORDER RE: PENDING MOTIONS TO DISMISS AND AMENDMENT OF COMPLAINT

STIPULATION AND PROPOSED ORDER RE: AMENDED COMPLAINT

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Case 3:09-cv-00168-JSW

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Plaintiffs Long Haul, Inc. and East Bay Prisoner Support and Defendants Regents of the University of California, Victoria Harrison, Karen Alberts, William Kasiske, Wade Macadam, Timothy J. Zuniga, Bruce Bauer, Federal Bureau of Investigation ("FBI"), Lisa Shaffer and Mike Hart, by and through their counsel of record, stipulate as follows: 1. Plaintiffs filed the complaint in this matter on January 14, 2009. (Dkt. No. 1.)

Plaintiffs have subsequently filed no amended complaints, whether as a matter of course, with the Defendants' written consent, or by the Court's leave. 2. On March 23, 2009, Defendants Regents of the University of California, Victoria

Harrison, Karen Alberts, William Kasiske, Wade Macadam, Timothy J. Zuniga, Bruce Bauer filed a motion to dismiss certain claims. (Dkt. No. 15.) 3. On April 10, 2009, Defendants Federal Bureau of Investigation ("FBI") and Lisa

Shaffer filed a motion to dismiss certain claims. (Dkt. No. 24.) 4. On May 1, 2009, Defendants FBI and Mike Hart filed a motion to dismiss certain

claims. (Dkt. No. 31.) 5. Plaintiffs' opposition to the March 23rd and April 10th motions is due May 8, 2009

and Defendants' reply is due May 5th. Plaintiffs' opposition to the May 1 motion is due May 15, 2009 and the Defendant's reply is due May 22nd. 6. Since the filing of the January 14, 2009 complaint, Plaintiffs have learned certain

facts through informal discovery and communications with Defendants' counsel that indicate an amended complaint would better conform to the evidence and help the parties narrow the issues at dispute in this case, which in turn would serve judicial economy. 7. Furthermore, facts have come to light indicating that certain parties should be

voluntarily dismissed from the case, and the United States should replace the FBI as a named defendant. 8. Plaintiffs and defendants have met and conferred on dismissal of some of the parties

and claims, and have agreed to continue to meet and confer with regard to the liability of at least one additional party. We further agree we can narrow issues to be decided on motion to dismiss if Plaintiffs amend the complaint in light of the above facts and circumstances. -2-

STIPULATION AND PROPOSED ORDER RE: AMENDED COMPLAINT

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9.

The parties stipulate pursuant to Fed. R. Civ. P. 15(a)(2) that Plaintiffs may amend

their complaint by May 29, 2009. 10. The parties further stipulate that Defendants shall respond to the amended complaint

no later than July 2, 2009; Plaintiffs shall oppose any motions to dismiss the amended complaint by July 24, 2009; and Defendants shall file any replies in support of motions to dismiss by July 31, 2009. The Court may hear Defendants' motions to dismiss at its earliest convenience thereafter. Attorney for the federal defendants is not available during the month of August so the parties respectfully request that the hearing occur in September or as soon thereafter as the Court's schedule allows. 11. In consideration of the above, Defendants hereby withdraw their pending March

23rd, April 1st and May 10th motions to dismiss, currently scheduled for hearings on May 29, 2009, and June 19, 2009, and ask that those matters be taken off calendar.

DATED: May 7, 2009 JOSEPH RUSSONIELLO United States Attorney /s/ Jonathan U. Lee JONATHAN U. LEE Assistant United States Attorney Attorneys for the United States of America /s/ Jennifer Granick Jennifer Stisa Granick (State Bar No. 168423) Matt Zimmerman (State Bar No. 212423) Marcia Hofmann (State Bar No. 250087) ELECTRONIC FRONTIER FOUNDATION Ann Brick (State Bar No. 65296) Michael T. Risher (State Bar No.191627) AMERICAN CIVIL LIBERTIES FOUNDATION OF NORTHERN CALIFORNIA Attorneys for Plaintiffs /s/ William J. Carroll WILLIAM J. CARROLL SCHIFF HARDLIN LLP Attorney for Defendants the Regents of the University of California, Victoria Harrison, Karen Alberts, William Kasiske, Wade McAdam, Timothy J. Zuniga, and Bruce Baur

STIPULATION AND PROPOSED ORDER RE: AMENDED COMPLAINT

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GENERAL ORDER NO. 45(X) CERTIFICATION I attest that I have obtained the concurrence of Jonathan U. Lee and William J. Carroll in the filing of this document. /s/ Jennifer Granick Jennifer Granick * * *

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT: The briefing schedule previously set by court order is vacated in light of the fact that Defendants have withdrawn their motions to dismiss. Plaintiffs have leave of Court to file an amended complaint and shall do so by May 29, 2009. Defendants shall respond to the amended complaint no later than July 2, 2009; Plaintiffs shall oppose any motions to dismiss the amended complaint by July 24, 2009; and Defendants shall file any replies in support of motions to dismiss by July 31, 2009.
4 Hearing on any motions to dismiss shall be set for September ___, 2009.

May 8, 2009 Dated: ________________

___________________________ Hon. Jeffrey White United States District Judge

STIPULATION AND PROPOSED ORDER RE: AMENDED COMPLAINT

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