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

Filing 39

Consent MOTION to Continue 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 Proposed Order)(Freeborne, Paul) (Filed on 6/1/2011)

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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: [phone]
Facsimile: [phone]
E-mail: paul.freeborne@ usdoj.gov

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Attorneys for Federal Defendants

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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)
MICHAEL D. ALMY, ANTHONY J. LOVERDE, )
and JASON D. KNIGHT,
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Plaintiffs,
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v.
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UNITED STATES DEPARTMENT OF
)
DEFENSE, ROBERT M. GATES, Secretary of
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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.
)

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

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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)

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Defendants request a continuance of the June 23, 2011 initial case management

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conference until the statutory stay imposed by 28 U.S.C. § 1292(d)(4)(B) expires. Defendants

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filed a motion to transfer this action to the United States Court of Federal Claims or, in the

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alternative, to dismiss this action. See ECF No. 19. On May 3, 2011, the Court denied

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Defendants’ motion to transfer. See ECF No. 37. Accordingly, this matter is stayed for at least a

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period of 60 days (i.e., until July 5, 2011), pursuant to 28 U.S.C. § 1292(d)(4)(B), which

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provides:

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When a motion to transfer an action to the Court of Federal Claims is filed in a

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district court, no further proceedings shall be taken in the district court until 60

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days after the court has ruled upon the motion. If an appeal is taken from the

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district court’s grant or denial of the motion, proceedings shall be further stayed

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until the appeal has been decided by the Court of Appeals for the Federal Circuit.

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Defendants respectfully request that the initial case management conference be continued until

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the stay expires. Defendants also request that any deadlines associated with that conference

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under Fed. R. Civ. P. 26(f) likewise be extended.

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Counsel for Defendants consulted with Plaintiffs’ counsel on May 27, 2011 regarding this
motion, and Plaintiffs consent to the granting of Defendants’ motion.

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DATE: June 1, 2011

Respectfully submitted,
IAN HEATH GERSHENGORN
Deputy Assistant Attorney General,
Civil Division
MELINDA L. HAAG
United States Attorney

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VINCENT M. GARVEY
Deputy Director

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/S/ Paul G. Freeborne
PAUL G. FREEBORNE
RYAN B. PARKER
U.S. Department of Justice
Civil Division

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Attorneys for the Federal Defendants

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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-