Almy et al v. United States Department of Defense et al

Filing 25

MOTION to Continue the Initial Case Management Conference filed by Department of the Air Force, Department of the Navy, Michael B. Donley, Robert M. Gates, Ray Mabus, United States Department of Defense. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Parker, Ryan) (Filed on 3/10/2011)

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Almy et al v. United States Department of Defense et al Doc. 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IAN HEATH GERSHENGORN Deputy Assistant Attorney General MELINDA L. HAAG United States Attorney VINCENT M. GARVEY Deputy Director PAUL G. FREEBORNE Virginia Bar No. 33024 RYAN B. PARKER Utah Bar No. 11742 Trial Attorneys U.S. Department of Justice Civil Division Federal Programs Branch P.O. Box 883 Washington, D.C. 20044 Telephone: (202) 353-0543 Facsimile: (202) 616-8460 E-mail: paul.freeborne@ usdoj.gov Attorneys for Federal Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) 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, ) ) Defendants. ) MICHAEL D. ALMY, ANTHONY J. LOVERDE, and JASON D. KNIGHT, Case No. 3:10-cv-5627 (RS) DEFENDANTS' ADMINISTRATIVE MOTION REQUESTING A CONTINUANCE OF THE INITIAL CASE MANAGEMENT CONFERENCE Courtroom 3 - 17th Floor Judge: Hon. Richard Seeborg DEFENDANTS' ADMINISTRATIVE MOTION REQUESTING A CONTINUANCE OF THE INITIAL CASE MANAGEMENT CONFERENCE, Almy v. United States Department of Defense., Case No. 3:10-cv-5627 (RS) Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The initial case management conference in this case is scheduled for March 25, 2011. See Doc. #4. Defendants have filed a motion to transfer this action to the United States Court of Federal Claims or, in the alternative, to dismiss this action. See Doc. # 19. Pursuant to 28 U.S.C. § 1292(d)(4)(B): When a motion to transfer an action to the Court of Federal Claims is filed in a district court, no further proceedings shall be taken in the district court until 60 days after the court has ruled upon the motion. If an appeal is taken from the district court's grant or denial of the motion, proceedings shall be further stayed until the appeal has been decided by the Court of Appeals for the Federal Circuit. Because the Court's ruling on Defendants' motion is a necessary predicate for the lifting of the statutory stay and for the exercise of the Court's jurisdiction, Defendants request that the initial case management conference be continued until 60 days after the Court's ruling on Defendants' motion. Counsel for Defendants consulted with Plaintiffs' counsel on March 4 and again on March 10, 2011, regarding this administrative motion, and Plaintiffs oppose the motion at this time. See Declaration of Paul G. Freeborne, attached to this motion. DATED: March 10, 2011 Respectfully submitted, IAN HEATH GERSHENGORN Deputy Assistant Attorney General, Civil Division MELINDA L. HAAG United States Attorney VINCENT M. GARVEY Deputy Director /S/ Paul G. Freeborne PAUL G. FREEBORNE RYAN B. PARKER U.S. Department of Justice Civil Division Attorneys for the Federal Defendants DEFENDANTS' ADMINISTRATIVE MOTION REQUESTING A CONTINUANCE OF THE INITIAL CASE MANAGEMENT CONFERENCE, Almy v. United States Department of Defense., Case No. 3:10-cv-5627 (RS) -1-

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