Electronic Frontier Foundation v. Department of Defense et al

Filing 54

ORDER amending briefing schedule (tf, COURT STAFF) (Filed on 9/27/2011)

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TONY WEST
Assistant Attorney General
MELINDA L. HAAG
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]

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Attorneys for DEFENDANTS

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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)
ELECTRONIC FRONTIER FOUNDATION, ) Case No. 3:09-CV-05640-SI
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Plaintiff,
)
) STIPULATION AND [PROPOSED]
vs.
) ORDER TO AMEND BRIEFING
) SCHEDULE
DEPARTMENT OF DEFENSE, ET AL.,
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Defendants.
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)

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Case No. 3:09-CV-05640-SI
STIPULATION AND [PROPOSED] ORDER TO AMEND BRIEFING SCHEDULE

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Pursuant to Federal Rule of Civil Procedure 6(b)(1) and Civil L.R. 6-2, Plaintiff Electronic
Frontier Foundation (“EFF”) and Defendants Department of Justice, Criminal Division; U.S. Secret
Service; Federal Bureau Investigation; and Department of Homeland Security (collectively
“Defendants”) hereby stipulate to and respectfully request that this Court extend the briefing
schedule for the filing of the parties’ dispositive motions. Defendants requested the revisions to
the briefing schedule due to the unavailability of counsel for one of the Defendants, as counsel’s
father died on September 18, 2011.
1. Defendants submit that the Declaration of Kimberly L. Herb establishes good cause for
the requested enlargement as follows:
a. On January 24, 2011, the Court granted EFF’s motion to consolidate the present
action with EFF v. DHS, No. 10-cv-05526 (N.D. Cal.). (Dkt. 41.) As part of that
Order, the Court also directed the parties to meet and confer and submit a joint
proposal for the filing of dispositive motions in the consolidated action. (Id..)
b. On February 25, 2011, the parties presented the Court with a proposed briefing
schedule for the filing of dispositive motions. (Dkt. 46 at 1.) The Court approved
the briefing schedule on March 1, 2011. That briefing schedule requires the parties
to file their dispositive motions as follows: Defendants file a motion for summary
judgment, including supporting documentation, on September 23, 2011; EFF files
its response to Defendants’ motion for summary judgment and cross-moves for
summary judgment on October 21, 2011; Defendants file their reply to their motion
for summary judgment and their response to EFF’s cross-motion on November 4,
2011; EFF files its reply to its cross-motion for summary judgment on November
18, 2011; the Court holds a hearing on the dispositive motions on December 9,
2011. (Dkt. 48 at 2-3.)
c. On September 18, 2011, counsel for one of the Defendants (“agency counsel”) lost
her father. Agency counsel is currently out of state due to the death of her father
and is not scheduled to return for at least ten days. As a result, agency counsel will

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Case No. 3:09-CV-05640-SI
-2STIPULATION AND [PROPOSED] ORDER TO AMEND BRIEFING SCHEDULE

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be unable to review Defendants’ motion for summary judgment and finalize the
declaration necessary to support that motion. Accordingly, Defendants requested
that Plaintiffs agree to an extension of the briefing schedule.
d. On September 20, 2011, defense counsel conferred with EFF regarding the briefing
schedule for the parties’ dispositive motions. The parties agreed to revise the
briefing schedule as follows: Defendants file their motion for summary judgment
on October 21, 2011; EFF files its opposition and cross-motion on November 18,
2011; Defendants file their reply and opposition to EFF’s cross-motion on
December 2, 2011; EFF files its reply to its cross- motion on December 16, 2011;
the Court holds a hearing on the parties’ dispositive motions on January 13, 2012.
2. While the requested enlargement will affect the present briefing schedule for this case,

the parties believe a one-month extension of Defendants’ filing deadline is warranted
given the circumstances. Furthermore, the parties believe this case will be resolved on
summary judgment, and thus this case can be resolved expeditiously after the filing of
the parties’ motions.

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* * *
The parties respectfully request that the Court extend the briefing schedule for the filing of
the parties’ dispositive motions such that they may be filed as discussed in paragraph 1(d) above.

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Case No. 3:09-CV-05640-SI
-3STIPULATION AND [PROPOSED] ORDER TO AMEND BRIEFING SCHEDULE

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DATED: September 22, 2011

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Respectfully submitted,

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/s/ Jennifer Lynch
ELECTRONIC FRONTIER FOUNDATION
Jennifer Lynch, Esq.
Marcia Hoffman, Esq.
454 Shotwell Street
San Francisco, CA 94110
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

TONY WEST
Assistant Attorney General

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Jason M. Schultz
SAMUELSON LAW, TECHNOLOGY &
PUBLIC POLICY CLINIC
UC Berkeley School of Law
396 Simon Hall
Berkeley, CA 94720-7200
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

/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]

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Attorneys for Plaintiff

Attorneys for Defendants

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JOSEPH P. RUSSONIELLO
United States Attorney
JOHN TYLER
Assistant Branch Director

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GENERAL ORDER NO. 45(X) CERTIFICATION
I attest that I have obtained Jennifer Lynch’s concurrence in the filing of this document.

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/s/ Kimberly L. Herb
Kimberly L. Herb

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
9/26/11
Dated: ________________

___________________________
Hon. Susan Ilston
United States District Judge

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Case No. 3:09-CV-05640-SI
-4STIPULATION AND [PROPOSED] ORDER TO AMEND BRIEFING SCHEDULE