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

Filing 73

MOTION to Continue the Hearing Date for Plaintiff Almy's Partial Motion for Summary Judgment filed by Department of the Air Force, Department of the Navy, Michael B. Donley, Robert M. Gates, Ray Mabus. (Attachments: # 1 Declaration, # 2 Proposed Order)(Parker, Ryan) (Filed on 7/12/2012)

1
2
3
4
5
6
7
8
9

IAN GERSHENGORN
Deputy Assistant Attorney General
MELINDA L. HAAG
United States Attorney
VINCENT M. GARVEY
Deputy Branch Director
PAUL G. FREEBORNE
Senior Trial Counsel
Virginia Bar No. 33024
RYAN B. PARKER
Trial Attorney
Civil Division, Federal Programs Branch
U.S. Department of Justice
P.O. Box 883
Washington, D.C. 20044
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

10

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

11
12
13

MICHAEL D. ALMY, ANTHONY J.
LOVERDE, AND JASON D. KNIGHT,

14

Plaintiffs,

15
16

v.

17
18

UNITED STATES DEPARTMENT OF
DEFENSE et al.,

19
20
21
22

Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

CASE NO.: CV 3:10-CV-5627 (RS)
DEFENDANTS’ ADMINISTRATIVE
MOTION FOR A CONTINUANCE OF THE
HEARING DATE FOR PLAINTIFF
ALMY’S PARTIAL MOTION FOR
SUMMARY JUDGMENT
HONORABLE RICHARD SEEBORG
COURTROOM: SAN FRANCISCO
COURTHOUSE, COURTROOM 3 – 17TH
FLOOR, 450 GOLDEN GATE AVENUE,
SAN FRANCISCO CA 94102

23
24
25
26
27
28

DEFENDANTS’ ADMINISTRATIVE MOTION FOR A CONTINUANCE OF THE HEARING DATE FOR PLAINTIFF ALMY’S PARTIAL
MOTION FOR SUMMARY JUDGMENT, Almy v. United States Department of Defense, No. 3:10-CV-5627 (RS)
-1 -

1

Defendants respectfully request a continuance of the hearing date for Plaintiff Almy’s

2

motion for partial summary judgment, Dkt. No. 70. Defendants have good cause for this motion.

3

Plaintiff Almy filed his partial motion for summary judgment on July 5, 2012, and noticed the

4

motion for hearing on August 9, 2012. Defendants will oppose Plaintiff Almy’s motion and file

5

a motion to dismiss or, in the alternative, for summary judgment. For the convenience of the
6
7

parties and the Court, Defendants request that the parties’ respective motions be briefed and

8

heard together and propose the following schedule:

9

•

August 3 – Defendants will file their Opposition to Plaintiff Almy’s motion and

10

their motion to dismiss or, in the alternative, for summary judgment;
11
12

•

August 17 – Plaintiff Almy will file his reply in support of his motion and his
opposition to Defendants’ motion;

13
14

•

August 30 – Defendants will file their reply in support of their motion; and

15

•

September 13 – the parties’ respective motions will be heard.

16

Counsel for Defendants consulted with counsel for Plaintiff Almy regarding this motion on July
17
18

12, 2012, and Plaintiff Almy does not object to this motion or the proposed schedule set forth

19

above. A declaration and proposed order accompany this motion.

20
21
22
23
24
25
26
27
28

DEFENDANTS’ ADMINISTRATIVE MOTION FOR A CONTINUANCE OF THE HEARING DATE FOR PLAINTIFF ALMY’S PARTIAL
MOTION FOR SUMMARY JUDGMENT, Almy v. United States Department of Defense, No. 3:10-CV-5627 (RS)
-2 -

1
2
3

DATED: July 12, 2012

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

4
5
6

MELINDA L. HAAG
United States Attorney

7
8

VINCENT M. GARVEY
Deputy Director

9
10
11
12

/s/Ryan B. Parker
PAUL G. FREEBORNE
RYAN B. PARKER
U.S. Department of Justice, Civil Division
Attorneys for the Federal Defendants

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

DEFENDANTS’ ADMINISTRATIVE MOTION FOR A CONTINUANCE OF THE HEARING DATE FOR PLAINTIFF ALMY’S PARTIAL
MOTION FOR SUMMARY JUDGMENT, Almy v. United States Department of Defense, No. 3:10-CV-5627 (RS)
-3 -