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

Filing 82

CASE MANAGEMENT STATEMENT filed by Michael D. Almy. (Woodmansee, Mark) (Filed on 9/6/2012)

1
2
3
4
5
6
7
8
9
10
11
12

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 Plaintiff
MICHAEL D. ALMY

13
UNITED STATES DISTRICT COURT
14
NORTHERN DISTRICT OF CALIFORNIA
15
16

MICHAEL ALMY, JASON KNIGHT, and
ANTHONY LOVERDE,

17
18
19
20
21
22
23

Plaintiffs,
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.

24
25
26
27
28
SUPPLEMENTAL CASE MANAGEMENT STATEMENT
sd-599587

Case No. cv 10-5627 (RS)
CASE MANAGEMENT STATEMENT
AND PROPOSED ORDER
DATE: SEPTEMBER 13, 2012
TIME: 10:00 A.M.
COURTROOM: 3, 17TH FLOOR
JUDGE: HON. RICHARD SEEBORG

1

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

2

were in communication 10 days prior to the subsequent case management conference scheduled

3

in this case. The parties jointly submit this Supplemental Case Management Statement and

4

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

5

this case.

6
7
8

DESCRIPTION OF SUBSEQUENT CASE DEVELOPMENTS
1.

The following progress or changes have occurred since the last case

management statement filed by the parties:

9

As the Court is aware, on July 5, 2012, Plaintiff filed a modified version of the original

10

motion for partial summary judgment, seeking relief as to Mr. Almy’s claims only. The parties

11

have not reached an out-of-court resolution to the case, and so it is anticipated that the matter will

12

proceed on the motion for summary judgment filed by Mr. Almy. However, the briefing on that

13

motion is currently stayed while the parties brief a motion for a protective order filed by

14

Mr. Almy. The hearing on Mr. Almy’s motion for a protective order is currently set for October

15

4, 2012. Defendants intend to seek a continuance of that hearing to October 11, 2012. Because

16

Plaintiff does not oppose such a continuance, Defendants will file a stipulated order continuing

17

the hearing to October 11, 2012. It is anticipated that, in addition to opposing Mr. Almy’s motion

18

for summary judgment and motion for a protective order, Defendants will file a motion to dismiss

19

or, in the alternative, for summary judgment once the motion for a protective order has been

20

decided.

21
22
23
24

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 September
13, 2012, to answer any further questions the Court may have regarding the status of this case.

25
26
27
28
SUPPLEMENTAL CASE MANAGEMENT STATEMENT
sd-599587

1

1

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

2

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 September 6, 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: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff

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: [phone]
Fax: [phone]
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
sd-599587

2

1
2

SUPPLEMENTAL CASE MANAGEMENT ORDER

3

The Supplemental Case Management Statement and Proposed Order are hereby adopted

4

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

5

to comply with this Order:

6
7

The Case Management Conference on September 13, 2012 meeting will go forward as
scheduled, and the parties shall appear telephonically.

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 ORDER
sd-599587

1