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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1 2 3 4 5 6 7 8 9 10 11 12 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 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 MICHAEL ALMY, JASON KNIGHT, and ANTHONY LOVERDE, 17 18 19 20 21 22 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, 23 Defendants. 24 25 26 27 28 STIPULATION sd-611507 Case No. cv 10-5627 (RS) STIPULATION TO CONTINUE DEADLINE FOR FINALIZING SETTLEMENT 1 2 STIPULATION Pursuant to Civil Local Rules 6-2, 7-11, and 7-12, and for the reasons set forth below, 3 plaintiff Michael Almy and the Government Defendants file this stipulation for a one-week 4 extension of the March 1, 2013 deadline for finalizing a settlement, as set forth in the Court’s 5 February 14, 2013 order (ECF No. 100). 6 On October 11, 2012, the parties filed a Stipulation to Stay Proceedings. (ECF No. 93.) 7 On October 15, 2012, the Court granted the stipulation and ordered: “All proceedings in this case 8 . . . shall be stayed pending the completion of the parties’ attempts to achieve a resolution outside 9 this matter. The parties shall file a joint status report updating the Court on their settlement 10 11 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 12 No. 95), December 17, 2012 (ECF No. 96), and January 14, 2013 (ECF No. 97). In these status 13 reports, the parties indicated that they had continued their settlement discussions and were in the 14 process of finalizing a resolution of this matter. 15 On January 22, 2013, the Court ordered: “If the case is not resolved without the Court’s 16 involvement by February 15, 2013, the Court will reset hearing dates for and resume briefing on 17 and consideration of the Motion for Protective Order, Plaintiff’s Motion for Partial Summary 18 Judgment, and Defendants’ Motion to Dismiss or, in the alternative, for Summary Judgment.” 19 (ECF No. 98.) 20 On February 13, 2013, the parties filed a stipulation and joint status report stating that they 21 had exchanged drafts of a settlement agreement and were currently in the process of finalizing the 22 language of the agreement. (ECF No. 99.) Accordingly, the parties jointly requested that the 23 Court grant a two-week extension of the February 15 deadline set forth in the January 22 order, so 24 that they could complete this process. On February 14, 2013, the Court granted this stipulation 25 and extended the deadline to March 1, 2013. (ECF No. 100.) 26 27 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 28 STIPULATION sd-611507 2 1 remaining details. The parties therefore request an additional one-week extension of the March 1 2 deadline so that they may complete their efforts to bring this case to a conclusion. 3 4 Dated: March 1, 2013 5 6 7 M. ANDREW WOODMANSEE STEPHANIE L. FONG KIMBERLY R. GOSLING JESSICA ANNE ROBERTS MORRISON & FOERSTER LLP JOHN M. GOODMAN SERVICEMEMBERS LEGAL DEFENSE NETWORK 8 9 10 By: /s/ M. Andrew Woodmansee M. ANDREW WOODMANSEE 11 Attorneys for Plaintiff MICHAEL ALMY 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION sd-611507 3 1 2 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), 3 that I have obtained the concurrence in the filing of this document from each of the other 4 signatories listed below. 5 6 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. 7 /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 8 9 10 11 Attorneys for Plaintiff Michael D. Almy 12 13 17 /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 18 Attorneys for the Federal Defendants 14 15 16 19 20 21 22 23 24 25 26 27 28 STIPULATION sd-611507 4 1 2 3 4 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. 5 6 /s/ M. Andrew Woodmansee M. Andrew Woodmansee 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION sd-611507 5

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