Electronic Frontier Foundation v. Department of Defense et al

Filing 23

ORDER continuing cmc to 10/26/10 (tf, COURT STAFF) (Filed on 9/8/2010)

Electronic Frontier Foundation v. Department of Defense et al

Doc. 23

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TONY WEST Assistant Attorney General JOSEPH P. RUSSONIELLO United States Attorney JOHN TYLER Assistant Branch Director KIMBERLY L. HERB Illinois Bar No. 6296725 Trial Attorney Civil Division, Federal Programs Branch U.S. Department of Justice P.O. Box 883 Washington, D.C. 20044 Telephone: [phone] Facsimile: [phone] Attorneys for DEFENDANTS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ELECTRONIC FRONTIER FOUNDATION, Plaintiff, v. DEPARTMENT OF DEFENSE, et al., Defendants. Case No. CV 09-5640 SI STIPULATION TO CHANGE TIME FOR FURTHER CASE MANAGEMENT CONFERENCE

Pursuant to Fed. R. Civ. P. 6(b)(1) and Civil L.R. 6-2, the parties, by and through undersigned counsel, hereby stipulate and respectfully move for this Court to change the date of the Case Management Conference from September 10, 2010 to October 15, 2010. The requested

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NO. CV 09-5640 SI STIPULATION TO CHANGE TIME FOR FURTHER CASE MANAGEMENT CONFERENCE

change will not affect the present schedule for the case. In accordance with Civil L.R. 6-2(a), this stipulation is supported by the Declaration of Kimberly L. Herb, counsel for Defendants, filed herewith and a proposed order below.

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The parties jointly request this extension to allow Plaintiff time to review Defendant Department of Justice, Criminal Division's final release of documents, which is scheduled for September 30, 2010. By changing the case management conference to October 15, 2010, the parties will have sufficient time to plan for and schedule dispositive motions and to narrow the

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NO. CV 09-5640 SI STIPULATION TO CHANGE TIME FOR FURTHER CASE MANAGEMENT CONFERENCE

issues requiring resolution by the Court. The parties are currently in active discussions regarding case management and plan to have a proposed motion schedule to the Court in the next Case Management Conference Statement. On June 10, 2010, the parties filed a stipulation and proposed order to change the time for filing dispositive motions until after the Case Management Conference on July 16, 2010. Dkt. No. 16. The Court signed the proposed order on July 6, 2010. Dkt. No. 18. On July 9, 2010, the parties filed a Joint Case Management Statement, Dkt. No. 19, and appeared for the Case Management Conference on July 16, 2010. At that time, the parties informed the Court that they planned to meet and confer by August 31, 2010 to determine the issues remaining in this action and to propose a timeline for the resolution of those issues. The parties met on August 30, 2010 and discussed a tentative motion schedule. The parties intend to meet again in early October, 2010 and still believe that briefing on dispositive motions with regard to all the current Defendants and subcomponents can commence this year. The requested time modification should not adversely affect the Court's schedule because the parties are in active discussions about the schedule for dispositive motions. Granting the request would allow the parties time to narrow the issues for the Court. *** The parties hereby respectfully request that the Court change the time for the Case 26 Management Conference from September 10, 2010 to October 15, 2010, or to the Court's earliest

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DATED: September 3, 2010 /s/ Jason Schultz ELECTRONIC FRONTIER FOUNDATION Jennifer Lynch, Esq. Marcia Hofmann, Esq. 454 Shotwell Street San Francisco, CA 94110 Telephone: [phone] Facsimile: [phone] Email: [e-mail] SAMUELSON LAW, TECHNOLOGY AND PUBLIC POLICY CLINIC Jason M. Schultz U.C. Berkeley School of Law 396 Simon Hall Berkeley, CA 94720-7200 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Plaintiff

Respectfully submitted, TONY WEST Assistant Attorney General JOSEPH P. RUSSONIELLO United States Attorney JOHN TYLER Assistant Branch Director /s/ Kimberly L. Herb Kimberly L. Herb Trial Attorney United Stated Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave. NW Washington, DC 20530 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Defendants

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NO. CV 09-5640 SI STIPULATION TO CHANGE TIME FOR FURTHER CASE MANAGEMENT CONFERENCE

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

SUSAN ILLSTON United States District Judge

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GENERAL ORDER NO. 45(X) CERTIFICATION I attest that I have obtained Jason Schultz's concurrence in the filing of this document. /s/ Kimberly L. Herb Kimberly L. Herb

NO. CV 09-5640 SI STIPULATION TO CHANGE TIME FOR FURTHER CASE MANAGEMENT CONFERENCE

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