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

Filing 65

CASE MANAGEMENT STATEMENT Joint Supplemental Case Management Statement and Proposed Order filed by Michael D. Almy, Jason D. Knight, Anthony J. Loverde. (Woodmansee, Mark) (Filed on 5/10/2012)

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1 2 3 4 5 6 7 8 9 10 11 12 13 M. ANDREW WOODMANSEE (CA SBN 201780) MAWoodmansee@mofo.com STEPHANIE L. FONG (CA SBN 240836) SFong@mofo.com KIMBERLY R. GOSLING (CA SBN 247803) KGosling@mofo.com JESSICA A. ROBERTS (CA SBN 265570) JRoberts@mofo.com MORRISON & FOERSTER LLP 12531 High Bluff Drive San Diego, California 92130-2040 Telephone: 858.720.5100 Facsimile: 858.720.5125 JOHN M. GOODMAN (DC SBN 383147) jgoodman@sldn.org SERVICEMEMBERS LEGAL DEFENSE NETWORK P. O. Box 65301 Washington, DC 20035-5301 Telephone: 202.328.3244 Facsimile: 202.797.1635 Attorneys for Plaintiffs MICHAEL D. ALMY, JASON D. KNIGHT, AND ANTHONY J. LOVERDE 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 17 MICHAEL ALMY, JASON KNIGHT, and ANTHONY LOVERDE, Plaintiffs, 18 19 20 21 22 23 24 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: MAY 17, 2012 TIME: 10:00 A.M. COURTROOM: 3, 17TH FLOOR JUDGE: HON. RICHARD SEEBORG Defendants. 25 26 27 28 SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND PROPOSED ORDER sd-589754 1 Pursuant to Civil L.R. 16-10(d), the parties to the above-entitled action certify that they 2 were in email/voicemail communication regarding this matter 10 days prior to the subsequent 3 case management conference scheduled in this case. The parties jointly submit this Supplemental 4 Case Management Statement and Proposed Order and request the Court to adopt it as a 5 Supplemental Case Management Order in this case. 6 DESCRIPTION OF SUBSEQUENT CASE DEVELOPMENTS 7 8 1. The following progress or changes have occurred since the last case management statement filed by the parties: 9 As the Court is aware, Mr. Daniels has been reinstated into the Navy. Mr. Loverde’s 10 application for reinstatement has also now been granted, and he will be sworn back into the Air 11 Force on May 23rd and will begin his duties on June 6th. Mr. Almy’s application for 12 reinstatement is being processed and the parties expect a decision on the application soon. Given 13 that the parties have resolved the claims of two of the three plaintiffs, the parties continue to 14 evaluate whether this case may be resolved in its entirety without the need for further judicial 15 intervention. 16 17 2. The parties jointly request the Court to make the following Supplemental Case Management Order: 18 Another Case Management Conference shall be set for June 15, 2012 at 10:00 a.m. 19 In the interim, the parties shall appear telephonically at the Case Management Conference 20 on May 17, 2012, to answer any further questions the Court may have regarding the status of this 21 case. 22 In the event the Court feels that a telephonic hearing on May 17, 2012, is not necessary, 23 both parties are amenable to the Court postponing the CMC until June 15, 2012, or such date as is 24 convenient for the Court. 25 26 27 28 SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND PROPOSED ORDER sd-589754 1 1 2 DECLARATION PURSUANT TO GENERAL ORDER 45, § X.B. I, M. ANDREW WOODMANSEE, hereby declare pursuant to General Order 45, § X.B., 3 that I have obtained the concurrence in the filing of this document from each of the other 4 signatories listed below. 5 I declare under penalty of perjury that the foregoing declaration is true and correct. 6 Executed on May 10, 2012, in the City of San Diego, State of California. 7 8 9 10 11 12 13 /s/ M. Andrew Woodmansee M. ANDREW WOODMANSEE 12531 High Bluff Drive San Diego, CA 92130 Phone: (858) 720-5100 Fax: (858) 720-5125 Email: mawoodmansee@mofo.com Attorneys for Plaintiffs 17 /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: (202) 353-0543 Fax: (202) 616-8460 Email: paul.freeborne.usdoj.gov 18 Attorneys for Federal Defendants 14 15 16 19 20 21 22 23 24 25 26 27 28 SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND PROPOSED ORDER sd-589754 2 1 SUPPLEMENTAL CASE MANAGEMENT ORDER 2 The Supplemental Case Management Statement and Proposed Order are hereby adopted 3 by the Court as a Supplemental Case Management Order for the case and the parties are ordered 4 to comply with this Order: 5 6 7 The Case Management Conference on May 17 2012 meeting will [will not] go forward as scheduled, and the parties shall appear telephonically. A Case Management Conference will be set for June 15, 2012. 8 9 10 11 12 Dated:_____________ United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND PROPOSED ORDER sd-589754 3

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