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

Filing 53

JOINT STIPULATION AND ORDER SETTING FORTH REVISED BRIEFING SCHEDULE DEADLINES.Motion Hearing set for 10/27/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 9/2/11. (cl, COURT STAFF) (Filed on 9/2/2011)

*E-Filed 9/2/11*
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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 Plaintiffs
MICHAEL D. ALMY, JASON D. KNIGHT,
AND ANTHONY J. LOVERDE

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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,
Plaintiffs,

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Case No. cv 10-5627 (RS)
PLAINTIFFS’ JOINT STIPULATION
SETTING FORTH REVISED
BRIEFING SCHEDULE DEADLINES

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,

Date: October 27, 2011
Time: 1:30 p.m.
Courtroom: 3, 17th Floor
JUDGE: HON. RICHARD SEEBORG

Defendants.

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JT. STIP SETTING FORTH REVISED BRIEFING SCHEDULE DEADLINES
sd-567037

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RECITALS
1.

Plaintiffs’ response to Defendants’ Motion to Dismiss or, in the alternative, Cross-

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Motion for Summary Judgment (“Defendants’ Motion”) is currently due on September 2, 2011.

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See ECF No. 46. Plaintiffs’ Reply in Support of their Partial Motion for Summary Judgment is

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due the same day. See id.

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2.

Defendants’ Reply in Support of Defendants’ Motion is currently due on

September 9, 2011. See id.
3.

To explore the possibility of resolution outside the Court, the parties have

stipulated, pursuant to Local Rule 6-1, to an extension of the date for Plaintiffs’ response to the
Defendants’ Motion from September 2, 2011 to October 6, 2011.
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Defendants would then file a reply brief in support of Defendants’ Motion on or

before October 20, 2011.
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The parties’ motions would be heard on October 27, 2011, if that date is available

on the Court’s calendar.

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JT. STIP SETTING FORTH REVISED BRIEFING SCHEDULE DEADLINES
sd-567037

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STIPULATION
Plaintiffs will respond to the Defendants’ Motion and in support of their own Motion for

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Partial Summary Judgment on or before October 6, 2011, pursuant to the agreement of parties

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under Local Rule 6-1.

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Defendants will then file a reply brief in support of Defendants’ Motion on or before
October 20, 2011.
The parties’ motions would then be heard on October 27, 2011, if that date is available on
the Court’s calendar.
Pursuant to Local Rule 6-2 and 7-12, the parties jointly request an order changing the date

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for the hearing on Plaintiffs’ Motion for Partial Summary Judgment and Defendants’ Motion to

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October 27, 2011, and an order setting forth the above briefing schedule regarding the parties’

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motions.

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Dated: September 2, 2011

M. ANDREW WOODMANSEE
STEPHANIE L. FONG
KIMBERLY R. GOSLING
JESSICA ANNE ROBERTS
MORRISON & FOERSTER LLP
JOHN M. GOODMAN
SERVICEMEMBERS LEGAL DEFENSE
NETWORK

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By: /s/ M. ANDREW WOODMANSEE
M. ANDREW WOODMANSEE
Attorneys for Plaintiffs
MICHAEL ALMY, JASON KNIGHT,
AND ANTHONY LOVERDE

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JT. STIP SETTING FORTH REVISED BRIEFING SCHEDULE DEADLINES
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DECLARATION PURSUANT TO GENERAL ORDER 45, § X.B.
I, M. ANDREW WOODMANSEE, hereby declare pursuant to General Order 45, § X.B.,

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

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signatories 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 September 2, 2011, in the City of San Diego, State of California.

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/s/ M. Andrew Woodmansee
M. ANDREW WOODMANSEE
12531 High Bluff Drive
San Diego, CA 92130
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiffs

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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, Room 6108
Washington DC 20001
Phone: [phone]
Fax: [phone]
Email: paul.freeborne.usdoj.gov

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Attorneys for the Federal Defendants

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JT. STIP SETTING FORTH REVISED BRIEFING SCHEDULE DEADLINES
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PROPOSED ORDER
It is hereby ORDERED that, Plaintiffs will file their (1) Reply in Support of their Partial

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Motion for Summary Judgment, ECF Nos. 43-44, and (2) Opposition to Defendants’ Motion to

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Dismiss or, in the alternative, Cross-Motion for Summary Judgment (“Defendants’ Motion”),

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ECF 49, on or before October 6, 2011. Defendants will then file a reply brief in support of

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Defendants’ Motion, on or before October 20, 2011. The parties’ motions would then be heard

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on October 27, 2011 at 1:30 p.m.

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IT IS SO ORDERED,

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9/2
Dated:_____________________, 2011

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_____________________________
Judge Richard Seeborg
United States District Court

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PROPOSED ORDER GRANTING JT. STIP SETTING FORTH REVISED BRIEFING SCHEDULE DEADLINES

sd-567037

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