Almy et al v. United States Department of Defense et al
Filing
101
STIPULATION WITH PROPOSED ORDER to Continue Deadline for Finalizing Settlement filed by Michael D. Almy. (Attachments: # 1 Declaration of M. Andrew Woodmansee, # 2 Proposed Order)(Woodmansee, Mark) (Filed on 3/1/2013)
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M. ANDREW WOODMANSEE (CA SBN 201780)
MAWoodmansee@mofo.com
STEPHANIE L. FONG (CA SBN 240836)
SFong@mofo.com
KIMBERLY R. GOSLING (CA SBN 247803)
KGosling@mofo.com
JESSICA A. ROBERTS (CA SBN 265570)
JRoberts@mofo.com
MORRISON & FOERSTER LLP
12531 High Bluff Drive
San Diego, California 92130-2040
Telephone: 858.720.5100
Facsimile: 858.720.5125
JOHN M. GOODMAN (DC SBN 383147)
jgoodman@sldn.org
SERVICEMEMBERS LEGAL DEFENSE NETWORK
P. O. Box 65301
Washington, DC 20035-5301
Telephone: 202.328.3244
Facsimile: 202.797.1635
Attorneys for Plaintiff
MICHAEL D. ALMY
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MICHAEL ALMY, JASON KNIGHT, and
ANTHONY LOVERDE,
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Plaintiffs,
v.
UNITED STATES DEPARTMENT OF
DEFENSE; ROBERT M. GATES, Secretary
of Defense; DEPARTMENT OF THE AIR
FORCE; MICHAEL B. DONLEY, Secretary,
Department of the Air Force; DEPARTMENT
OF THE NAVY; and RAY MABUS,
Secretary, Department of the Navy,
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Defendants.
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STIPULATION
sd-611507
Case No. cv 10-5627 (RS)
STIPULATION TO CONTINUE
DEADLINE FOR FINALIZING
SETTLEMENT
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STIPULATION
Pursuant to Civil Local Rules 6-2, 7-11, and 7-12, and for the reasons set forth below,
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plaintiff Michael Almy and the Government Defendants file this stipulation for a one-week
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extension of the March 1, 2013 deadline for finalizing a settlement, as set forth in the Court’s
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February 14, 2013 order (ECF No. 100).
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On October 11, 2012, the parties filed a Stipulation to Stay Proceedings. (ECF No. 93.)
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On October 15, 2012, the Court granted the stipulation and ordered: “All proceedings in this case
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. . . shall be stayed pending the completion of the parties’ attempts to achieve a resolution outside
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this matter. The parties shall file a joint status report updating the Court on their settlement
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attempts on November 15, 2012, and every 30 days thereafter[.]” (ECF No. 94 at 2.)
Pursuant to that order, the parties filed joint status reports on November 15, 2012 (ECF
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No. 95), December 17, 2012 (ECF No. 96), and January 14, 2013 (ECF No. 97). In these status
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reports, the parties indicated that they had continued their settlement discussions and were in the
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process of finalizing a resolution of this matter.
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On January 22, 2013, the Court ordered: “If the case is not resolved without the Court’s
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involvement by February 15, 2013, the Court will reset hearing dates for and resume briefing on
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and consideration of the Motion for Protective Order, Plaintiff’s Motion for Partial Summary
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Judgment, and Defendants’ Motion to Dismiss or, in the alternative, for Summary Judgment.”
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(ECF No. 98.)
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On February 13, 2013, the parties filed a stipulation and joint status report stating that they
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had exchanged drafts of a settlement agreement and were currently in the process of finalizing the
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language of the agreement. (ECF No. 99.) Accordingly, the parties jointly requested that the
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Court grant a two-week extension of the February 15 deadline set forth in the January 22 order, so
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that they could complete this process. On February 14, 2013, the Court granted this stipulation
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and extended the deadline to March 1, 2013. (ECF No. 100.)
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The parties have been working diligently to finalize the settlement. Despite their best
efforts to complete this process by March 1, they need an additional week to address a few
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STIPULATION
sd-611507
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remaining details. The parties therefore request an additional one-week extension of the March 1
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deadline so that they may complete their efforts to bring this case to a conclusion.
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Dated: March 1, 2013
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M. ANDREW WOODMANSEE
STEPHANIE L. FONG
KIMBERLY R. GOSLING
JESSICA ANNE ROBERTS
MORRISON & FOERSTER LLP
JOHN M. GOODMAN
SERVICEMEMBERS LEGAL DEFENSE
NETWORK
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By: /s/ M. Andrew Woodmansee
M. ANDREW WOODMANSEE
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Attorneys for Plaintiff
MICHAEL ALMY
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STIPULATION
sd-611507
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DECLARATION PURSUANT TO CIVIL LOCAL RULE 5-1(i)(3).
I, M. ANDREW WOODMANSEE, hereby declare pursuant to Civil Local Rule 5-1(i)(3),
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that I have obtained the concurrence in the filing of this document from each of the other
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signatories listed below.
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I declare under penalty of perjury that the foregoing declaration is true and correct.
Executed on March 1, 2013, in the City of San Diego, State of California.
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/s/ M. Andrew Woodmansee
M. ANDREW WOODMANSEE
12531 High Bluff Drive
San Diego, CA 92130
Phone: (858) 720-5100
Fax: (858) 720-5125
Email: mawoodmansee@mofo.com
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Attorneys for Plaintiff Michael D. Almy
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/s/ Paul G. Freeborne
PAUL. G. FREEBORNE
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, NW, Room 6108
Washington DC 20001
Phone: (202) 353-0543
Fax: (202) 616-8460
Email: paul.freeborne.usdoj.gov
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Attorneys for the Federal Defendants
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STIPULATION
sd-611507
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CERTIFICATE OF SERVICE
I hereby certify that all counsel of record, who are deemed to have consented to electronic
service, are being served this 1st day of March, 2013, with a copy of this document via the
Court’s CM/ECF system.
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/s/ M. Andrew Woodmansee
M. Andrew Woodmansee
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STIPULATION
sd-611507
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