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

Filing 71

CASE MANAGEMENT STATEMENT and Proposed Order filed by Michael D. Almy, Jason D. Knight, Anthony J. Loverde. (Woodmansee, Mark) (Filed on 7/5/2012) Modified on 7/6/2012 (mcl, COURT STAFF).

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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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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,
Defendants.

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SUPPLEMENTAL CASE MANAGEMENT STATEMENT
sd-593459

Case No. cv 10-5627 (RS)
CASE MANAGEMENT STATEMENT
AND PROPOSED ORDER
DATE: JULY 12, 2012
TIME: 10:00 A.M.
COURTROOM: 3, 17TH FLOOR
JUDGE: HON. RICHARD SEEBORG

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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 communication regarding this matter 10 days prior to the subsequent case management

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conference scheduled in this case. The parties jointly submit this Supplemental Case

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

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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:

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As the Court is aware, Mr. Daniels has been reinstated into the Navy. Mr. Loverde has

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now been reinstated into active duty in the Air Force as well. Plaintiffs are prepared to dismiss

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the claims of both Mr. Daniels and Mr. Loverde with prejudice.

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On July 5, 2012, Plaintiffs filed a modified version of their original motion for partial

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summary judgment, seeking relief as to Mr. Almy’s claims only. The motion was noticed for a

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hearing on August 9, 2012. Defendants will oppose Mr. Almy’s renewed motion, and will file a

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motion to dismiss or, in the alternative, for summary judgment. Defendants propose to file their

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opposition to Mr. Almy’s motion and their affirmative motion on or before August 3, 2012.

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Defendants further propose that Defendants’ motion will be noticed for hearing on September 13,

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2012. Plaintiffs do not object to their motion for partial summary judgment also being heard on

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September 13, 2012, with the briefing schedule modified accordingly.

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Before the CMC hearing, Plaintiffs also intend to file joint stipulations to dismiss the

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claims of Mr. Daniels and Mr. Loverde. Now that the only plaintiff in this case is Mr. Almy,

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Defendants intend to move in the above-referenced motion for dismissal for lack of venue. Mr.

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Almy will oppose Defendants’ motion seeking dismissal on that ground.

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2.

The parties jointly request the Court to make the following Supplemental

Case Management Order:
The parties shall appear telephonically at the Case Management Conference on July 12,
2012, to answer any further questions the Court may have regarding the status of this case.

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SUPPLEMENTAL CASE MANAGEMENT STATEMENT
sd-593459

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

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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 July 5, 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
sd-593459

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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 July 12, 2012 meeting will go forward as
scheduled, and the parties shall appear telephonically.

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Dated:_____________
United States District Judge

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SUPPLEMENTAL CASE MANAGEMENT ORDER
sd-593459

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