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)
[e-mail]
STEPHANIE L. FONG (CA SBN 240836)
[e-mail]
KIMBERLY R. GOSLING (CA SBN 247803)
[e-mail]
JESSICA A. ROBERTS (CA SBN 265570)
[e-mail]
MORRISON & FOERSTER LLP
12531 High Bluff Drive
San Diego, California 92130-2040
Telephone: [phone]
Facsimile: 858.720.5125
JOHN M. GOODMAN (DC SBN 383147)
[e-mail]
SERVICEMEMBERS LEGAL DEFENSE NETWORK
P. O. Box 65301
Washington, DC 20035-5301
Telephone: [phone]
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.

Case No. cv 10-5627 (RS)
DECLARATION OF M. ANDREW
WOODMANSEE IN SUPPORT OF
STIPULATION TO CONTINUE
DEADLINE FOR FINALIZING
SETTLEMENT

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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DECLARATION OF M. ANDREW WOODMANSEE ISO STIP. TO CONTINUE DEADLINE

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I, M. Andrew Woodmansee, hereby declare as follows:

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1.

I am a member of the bar of the State of California. I am a partner with the law

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firm of Morrison & Foerster LLP, counsel for plaintiff Michael D. Almy. I have personal

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knowledge of the facts set forth herein, and if called upon to do so, I could and would testify

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competently thereto.

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2.

On July 5, 2012, Plaintiff Almy filed a Motion for Partial Summary Judgment.

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(ECF No. 70.) The briefing schedule for Plaintiff’s Motion for Partial Summary Judgment has

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been continued twice and is currently stayed pending the outcome of Plaintiff’s Motion for a

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Protective Order. (See ECF No. 74, 77, and 79.)

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3.

On August 24, 2012, Plaintiff Almy filed a Motion for Protective Order under seal.

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Defendants filed an opposition under seal on September 7, 2012, and Plaintiff filed a reply under

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seal on September 14, 2012. The briefing schedule for Plaintiff’s Motion for Protective Order has

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been continued twice and was most recently set to be heard by this Court on October 15, 2012, at

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1:30 p.m. (ECF No. 86 and 89.) On October 10, 2012, the Court vacated the October 15 hearing

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and the motion was submitted without oral argument. (ECF No. 90.)

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4.

On October 11, 2012, the parties filed a Stipulation to Stay Proceedings. (ECF

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No. 93.) On October 15, 2012, the Court granted the stipulation and ordered: “All proceedings in

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this case . . . shall be stayed pending the completion of the parties’ attempts to achieve a

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resolution outside this matter. The parties shall file a joint status report updating the Court on

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their settlement attempts on November 15, 2012, and every 30 days thereafter[.]” (ECF No. 94 at

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2.)

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5.

Pursuant to that order, the parties filed joint status reports on November 15, 2012

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(ECF No. 95), December 17, 2012 (ECF No. 96), and January 14, 2013 (ECF No. 97). In these

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status reports, the parties indicated that they had continued their settlement discussions and were

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in the process of finalizing a resolution of this matter.

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6.

On February 13, 2013, the parties filed a stipulation and joint status report stating

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that they had exchanged drafts of a settlement agreement and were currently in the process of

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finalizing the language of the agreement. (ECF No. 99.) Accordingly, the parties jointly
DECLARATION OF M. ANDREW WOODMANSEE ISO STIP. TO CONTINUE DEADLINE

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requested that the Court grant a two-week extension of the February 15 deadline set forth in the

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January 22 order, so that they could complete this process. On February 14, 2013, the Court

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granted this stipulation and extended the deadline to March 1, 2013. (ECF No. 100.)

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7.

The parties have been working diligently to finalize the settlement. Despite their

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best efforts to complete this process by March 1, they need an additional week to address a few

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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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I declare under penalty of perjury that the foregoing is true and correct.

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Executed on March 1, 2013, at San Diego, California.

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By: /s/ M. Andrew Woodmansee
M. Andrew Woodmansee
[e-mail]

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MORRISON & FOERSTER LLP
Attorneys for Plaintiff
Michael D. Almy

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DECLARATION OF M. ANDREW WOODMANSEE ISO STIP. TO CONTINUE DEADLINE

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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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DECLARATION OF M. ANDREW WOODMANSEE ISO STIP. TO CONTINUE DEADLINE

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