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

Filing 76

Second MOTION to Continue Hearing re Parties' Motions filed by Department of the Air Force, Department of the Navy, Michael B. Donley, Robert M. Gates, Ray Mabus, United States Department of Defense. (Attachments: # 1 Declaration, # 2 Proposed Order)(Freeborne, Paul) (Filed on 8/3/2012)

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STUART F. DELERY
Acting Assistant Attorney General
IAN HEATH 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]

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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

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Plaintiffs,
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vs.
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UNITED STATES DEPARTMENT OF
DEFENSE et al.,

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Defendants.

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CASE NO.: CV 3:10-CV-5627 (RS)
DEFENDANTS’ UNOPPOSED
ADMINISTRATIVE MOTION FOR A
CONTINUANCE OF THE SEPTEMBER 13,
2012 HEARING DATE FOR PLAINTIFF
ALMY’S PARTIAL MOTION FOR
SUMMARY JUDGMENT AND
DEFENDANTS’ MOTION TO DISMISS OR,
IN THE ALTERNATIVE, MOTION FOR
SUMMARY JUDGMENT
HONORABLE RICHARD SEEBORG
COURTROOM: SAN FRANCISCO
COURTHOUSE, COURTROOM 3 – 17TH
FLOOR, 450 GOLDEN GATE AVENUE,
SAN FRANCISCO CA 94102

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DEFENDANTS’ ADMINISTRATIVE MOTION FOR A CONTINUANCE OF THE HEARING DATE FOR PLAINTIFF ALMY’S PARTIAL
MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS’ MOTION, Almy v. United States Dep’t of Defense, No. 3:10-CV-5627 (RS)
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Defendants respectfully request a continuance of the September 13, 2012 hearing date for

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Plaintiff Almy’s motion for partial summary judgment, Dkt. No. 70, and Defendants’ Motion to

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Dismiss or, in the alternative, Motion for Summary Judgment. Defendants request a two week

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extension of the hearing so that the parties may further discuss whether this case can be resolved

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without further litigation. This is the parties’ second request for a continuance of the hearing.
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For the convenience of the parties and the Court, Defendants request that the parties’
respective motions be briefed and heard together and propose the following schedule:
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August 10 – Defendants will file their Opposition to Plaintiff Almy’s motion and
their motion to dismiss or, in the alternative, for summary judgment;

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August 24 – Plaintiff Almy will file his reply in support of his motion and his
opposition to Defendants’ motion;

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September 13 – Defendants will file their reply in support of their motion; and

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September 27 – The parties’ respective motions will be heard.

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Counsel for Defendants consulted with counsel for Plaintiff Almy regarding this motion on
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August 3, 2012, and counsel for Mr. Almy does not object to this motion, the continuance, or the

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proposed schedule set forth above. A declaration and proposed order accompany this motion.

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DEFENDANTS’ ADMINISTRATIVE MOTION FOR A CONTINUANCE OF THE HEARING DATE FOR PLAINTIFF ALMY’S PARTIAL
MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS’ MOTION, Almy v. United States Dep’t of Defense, No. 3:10-CV-5627 (RS)
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DATED: August 3, 2012

Respectfully submitted,
STUART F. DELERY
Acting Assistant Attorney General

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IAN HEATH GERSHENGORN
Deputy Assistant Attorney General,
Civil Division

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MELINDA L. HAAG
United States Attorney

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VINCENT M. GARVEY
Deputy Director

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

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DEFENDANTS’ ADMINISTRATIVE MOTION FOR A CONTINUANCE OF THE HEARING DATE FOR PLAINTIFF ALMY’S PARTIAL
MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS’ MOTION, Almy v. United States Dep’t of Defense, No. 3:10-CV-5627 (RS)
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