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

Filing 41

STIPULATION Setting Forth Deadline for Defendants' Response to Plaintiffs' First Amended Complaint and Request for Order to Change Date of Initial Case Management Conference 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)(Parker, Ryan) (Filed on 7/5/2011)

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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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Plaintiffs,
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v.
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UNITED STATES DEPARTMENT OF
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DEFENSE, ROBERT M. GATES, Secretary of )
Defense; DEPARTMENT OF THE AIR FORCE; )
MICHAEL B. DONLEY, Secretary, Department )
of the Air Force; DEPARTMENT OF THE
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NAVY; and RAY MABUS, Secretary,
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Department of the Navy,
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Defendants.
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MICHAEL D. ALMY, ANTHONY J.
LOVERDE, and JASON D. KNIGHT,

Case No. 3:10-cv-5627 (RS)
PARTIES’ JOINT STIPULATION
SETTING FORTH DEADLINE FOR
DEFENDANTS’ RESPONSE TO
PLAINTIFFS’ FIRST AMENDED
COMPLAINT AND REQUEST FOR
ORDER TO CHANGE DATE OF THE
INITIAL CASE MANAGEMENT
CONFERENCE
Courtroom 3 - 17th Floor
Judge: Hon. Richard Seeborg

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PARTIES’ JOINT STIPULATION SETTING FORTH DEADLINE FOR DEFENDANTS’ RESPONSE TO
PLAINTIFFS’ FIRST AMENDED COMPLAINT AND REQUEST FOR ORDER TO CHANGE THE DATE OF
THE INITIAL CASE MANAGEMENT CONFERENCE, Almy v. United States Department of Defense., Case No.
3:10-cv-5627 (RS)

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RECITALS
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Defendants’ have decided not to seek an interlocutory appeal of the Court’s May

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3, 2011 order, ECF No. 37, denying the Defendants’ motion to transfer this action to the United

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States Court of Federal Claims. The statutory stay of proceedings set forth in 28 U.S.C.

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§ 1292(d)(4)(B) if thus lifted, effective July 5, 2011. The parties jointly propose the following

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schedule for Defendants’ response to Plaintiffs’ First Amended Complaint (as well as Plaintiffs’

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opposition and Defendants’ reply, if appropriate).

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2.

The initial case management conference in this case is currently scheduled for

July 28, 2011, see ECF No. 40. The parties jointly request that the date of the initial case

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management conference, and the accompanying deadlines under Fed. R. Civ. P. 26, be extended

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for thirty days (30) so that the conference can follow Defendants’ response to Plaintiffs’ First

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Amended Complaint. If this request is granted, this would be the second continuance of the

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initial case management conference.

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STIPULATION
Defendants will answer or otherwise respond to Plaintiffs’ First Amended Complaint on

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or before August 5, 2011. Should Defendants file a motion to dismiss or other motion in

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response to Plaintiffs’ First Amended Complaint, Plaintiffs shall be afforded the time set forth

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in Local Rule 7-3(a) for the filing of any opposition, and Defendants shall be afforded the time

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set forth in Local Rule 7-3(c) for the filing of any reply.

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Pursuant to Local Rule 6.1(a) and 7-12, the parties jointly request an order changing the

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date of the July 28, 2011 case management conference to August 25, 2011, if that date is

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available on the Court’s calendar.

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DATED: July 5, 2011

Respectfully submitted,
IAN HEATH GERSHENGORN
Deputy Assistant Attorney General,
Civil Division

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PARTIES’ JOINT STIPULATION SETTING FORTH DEADLINE FOR DEFENDANTS’ RESPONSE TO
PLAINTIFFS’ FIRST AMENDED COMPLAINT AND REQUEST FOR ORDER TO CHANGE THE DATE OF
THE INITIAL CASE MANAGEMENT CONFERENCE, Almy v. United States Department of Defense., Case No.
-13:10-cv-5627 (RS)

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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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PARTIES’ JOINT STIPULATION SETTING FORTH DEADLINE FOR DEFENDANTS’ RESPONSE TO
PLAINTIFFS’ FIRST AMENDED COMPLAINT AND REQUEST FOR ORDER TO CHANGE THE DATE OF
THE INITIAL CASE MANAGEMENT CONFERENCE, Almy v. United States Department of Defense., Case No.
-23:10-cv-5627 (RS)

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DECLARATION PURSUANT TO GENERAL ORDER 45, § X.B.

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I, PAUL G. FREEBORNE, hereby declare pursuant to General Order 45, § X.B., that I

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have obtained the concurrence in the filing of this document from each of the other signatories

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listed below.

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

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Executed on July 5, 2011, in the City of Washington, District of Columbia.

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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, Rm. 6108
Washington, D.C. 20001
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorney for the Federal Defendants
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/s/ M. Andrew Woodmansee
M. ANDREW WOODMANSEE
12531 High Bluff Drive
San Diego, California 92130
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorney for Plaintiffs
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PARTIES’ JOINT STIPULATION SETTING FORTH DEADLINE FOR DEFENDANTS’ RESPONSE TO
PLAINTIFFS’ FIRST AMENDED COMPLAINT AND REQUEST FOR ORDER TO CHANGE THE DATE OF
THE INITIAL CASE MANAGEMENT CONFERENCE, Almy v. United States Department of Defense., Case No.
-33:10-cv-5627 (RS)