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

Filing 59

CASE MANAGEMENT STATEMENT Supplemental Case Management Statement and Proposed Order filed by Michael D. Almy, Jason D. Knight, Anthony J. Loverde. (Woodmansee, Mark) (Filed on 2/2/2012)

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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)
SUPPLEMENTAL CASE
MANAGEMENT STATEMENT AND
PROPOSED ORDER

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: FEBRUARY 9, 2012
TIME: 10:00 A.M.
COURTROOM: 3, 17TH FLOOR
JUDGE: HON. RICHARD SEEBORG

Defendants.

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SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND PROPOSED ORDER
sd-580727

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Pursuant to Civil L.R. 16-10(d), the parties to the above-entitled action certify that they

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were in email communication regarding this matter 10 days prior to the subsequent case

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management conference scheduled in this case. The parties conducted a meet and confer on

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February 1, 2012. As a result of that meet and confer, the parties jointly submit this

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Supplemental Case Management Statement and Proposed Order and request the Court to adopt it

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as a Supplemental Case Management Order in this case.

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DESCRIPTION OF SUBSEQUENT CASE DEVELOPMENTS
1.

The following progress or changes have occurred since the last case

management statement filed by the parties:
The parties remain optimistic that this case may be resolved without the need for further
judicial intervention.
One of the plaintiffs, Jason Knight, has been reinstated to active duty in the United States
Navy. A dismissal for this plaintiff shall follow shortly.
The paperwork for reaccession of the remaining two plaintiffs, Michael Almy and

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Anthony Loverde, remains under review. The parties remain hopeful that the process as to

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Plaintiff Almy and Plaintiff Loverde will soon be completed.

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2.

The parties jointly request the Court to make the following Supplemental

Case Management Order:

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Another Case Management Conference shall be set for March 22, 2012 at 10:00 a.m.

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In the interim, the parties shall appear telephonically at the Case Management Conference

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on February 9, 2012, to answer any further questions the Court may have regarding the status of

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this case.

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In the event the Court feels that a telephonic hearing on February 9, 2012, is not

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necessary, both parties are amenable to the Court postponing the CMC until March 22, 2012, or

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such date as is convenient for the Court.

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SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND PROPOSED ORDER
sd-580727

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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 February 2, 2012, 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 Federal Defendants

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SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND PROPOSED ORDER
sd-580727

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SUPPLEMENTAL CASE MANAGEMENT ORDER

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The Supplemental Case Management Statement and Proposed Order are hereby adopted

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by the Court as a Supplemental Case Management Order for the case and the parties are ordered

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to comply with this Order:

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The Case Management Conference on February 9, 2012 meeting will [will not] go
forward as scheduled.
A Case Management Conference will be set for March 22, 2012.

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Dated:_____________
United States District Judge

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SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND PROPOSED ORDER
sd-580727

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