Almy et al v. United States Department of Defense et al
Filing
91
STIPULATION WITH PROPOSED ORDER To Stay Proceedings filed by Michael D. Almy. (Attachments: # 1 Declaration M Andrew Woodmansee)(Woodmansee, Mark) (Filed on 10/11/2012)
Case3:10-cv-05627-RS Document78 Filed08/09/12 Page1 of 3
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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 Plaintiff
MICHAEL D. ALMY
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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,
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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,
Case No. cv 10-5627 (RS)
STIPULATED JOINT
ADMINISTRATIVE MOTION AND
[PROPOSED] ORDER FOR STAY OF
CURRENT BRIEFING SCHEDULE
AND TO CREATE BRIEFING
SCHEDULE ON MOTION FOR
PROTECTIVE ORDER
Defendants.
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STIPULATED ADMINISTRATIVE MOTION AND [PROPOSED] ORDER
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Case3:10-cv-05627-RS Document78 Filed08/09/12 Page2 of 3
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In accordance with Northern District of California Local Rules 6-2, 7-11 and 7-12
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plaintiff Michael Almy and the Government Defendants, by and through their respective counsel,
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file this stipulated joint administrative motion for a stay of the current briefing schedule and to
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create a briefing schedule on a motion for a protective order.
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On August 10, 2012, Defendants in this matter are scheduled to file their Opposition to
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Plaintiff Almy’s Motion for Summary Judgment and their own Motion to Dismiss, or in the
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alternative, Motion for Summary Judgment. Defendants have indicated that they intend to attach
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documents and quote from documents that Plaintiff believes should be filed under seal.
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Defendants disagree with Plaintiff’s assessment of the confidentiality of these materials and,
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pursuant to Federal Regulation 29 CFR 50.9, believe that it is appropriate to file them on the
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public record.
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The parties have met and conferred on this issue and have reached the following
agreement, subject to the Court’s approval:
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that the briefing schedule set out in ECF No. 77 be stayed pending resolution of a
protective order regarding the material at issue;
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that Plaintiff files a Motion for Protective Order no later than August 24, 2012,
which shall be noticed for October 4, 2012 at 1:30 p.m.;
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that Defendant files an Opposition to the Motion for Protective Order no later than
September 7, 2012;
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that Plaintiff files a Reply to the Motion for Protective Order no later than
September 14, 2012.
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Due to the dispute over the nature of the materials, the briefing on the Protective Order
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shall be filed under seal pending resolution by the Court. To the extent the Court deems the
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material at issue not to be “sealable,” the briefing regarding the Motion for Protective Order shall
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become public five (5) business days after the Court’s ruling on the Motion for Protective Order.
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///
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STIPULATED JOINT ADMINISTRATIVE MOTION AND [PROPOSED] ORDER
sd-597782
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Case3:10-cv-05627-RS Document78 Filed08/09/12 Page3 of 3
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Also, five (5) business days following the Court’s ruling on the Motion for Protective
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Order, the briefing for Plaintiff s Motion for Summary Judgment and Defendant’s Motion to
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Dismiss, or in the alternative, Motion for Summary Judgment shall resume pursuant to a revised
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briefing schedule ordered by the Court.
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Dated: August 9, 2012
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M. ANDREW WOODMANSEE
STEPHANIE L. FONG
KIMBERLY R. GOSLING
JESSICA ANNE ROBERTS
MORRISON & FOERSTER LLP
JOHN M. GOODMAN
SERVICEMEMBERS LEGAL DEFENSE
NETWORK
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By: /s/ M. Andrew Woodmansee
M. ANDREW WOODMANSEE
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Attorneys for Plaintiff
MICHAEL ALMY
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated:
United States District Court Judge
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STIPULATED JOINT ADMINISTRATIVE MOTION AND [PROPOSED] ORDER
sd-597782
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Case3:10-cv-05627-RS Document78-1 Filed08/09/12 Page1 of 3
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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 Plaintiff
MICHAEL D. ALMY
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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,
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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,
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Case No. cv 10-5627 (RS)
DECLARATION OF
JESSICA ROBERTS IN SUPPORT OF
STIPULATED JOINT
ADMINISTRATIVE MOTION AND
[PROPOSED] ORDER FOR STAY OF
CURRENT BRIEFING SCHEDULE
AND TO CREATE BRIEFING
SCHEDULE ON MOTION FOR
PROTECTIVE ORDER
Defendants.
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DECLARATION OF JESSICA ROBERTS ISO JOINT STIPULATED ADMIN MOTION
sd-597824
Case3:10-cv-05627-RS Document78-1 Filed08/09/12 Page2 of 3
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I, Jessica Roberts, hereby declare as follows:
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I am a member of the bar of the State of California. I am an associate with the law
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firm of Morrison & Foerster LLP, counsel for plaintiff Michael D. Almy. I have personal
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knowledge of the facts set forth herein, and if called upon to do so, I could and would testify
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competently thereto.
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2.
On August 10, 2012, Defendants in this matter are scheduled to file their
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Opposition to Plaintiff Almy’s motion for summary judgment and their own motion to dismiss, or
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in the alternative, motion for summary judgment. See ECF No. 77.
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3.
Defendants have indicated that they intend to attach documents and quote from
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documents that Plaintiff believes should be filed under seal. Defendants disagree with Plaintiff’s
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assessment of the confidentiality of these materials and, pursuant to Federal Regulation 29 CFR
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50.9, believe that it is appropriate to file them on the public record.
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Until the Court resolves Plaintiff’s Motion for a Protective Order, the Parties
propose to stay the briefing schedule in this matter.
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5.
The briefing schedule at issue has been continued twice before. ECF No. 73, 76.
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The proposed stay would continue the briefing until five (5) business days after the
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Court’s ruling on the Protective Order, and then continue pursuant to a revised briefing schedule
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ordered by the Court.
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I declare under penalty of perjury that the foregoing is true and correct.
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Executed on August 9, 2012, at San Diego, California.
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By: /s/ Jessica Roberts
Jessica Roberts
jroberts@mofo.com
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MORRISON & FOERSTER LLP
Attorneys for Plaintiff
Michael D. Almy
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DECLARATION OF JESSICA ROBERTS ISO JOINT STIPULATED ADMIN MOTION
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Case3:10-cv-05627-RS Document78-1 Filed08/09/12 Page3 of 3
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CERTIFICATE OF SERVICE
I hereby certify that all counsel of record, who are deemed to have consented to electronic
service, are being served this 9th day of August, 2012, with a copy of this document via the
Court’s CM/ECF system.
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/s/ Jessica Roberts
Jessica Roberts
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DECLARATION OF JESSICA ROBERTS ISO JOINT STIPULATED ADMIN MOTION
sd-597824
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From:
To:
Subject:
Date:
ECF-CAND@cand.uscourts.gov
efiling@cand.uscourts.gov
Activity in Case 3:10-cv-05627-RS Almy et al v. United States Department of Defense et al Motion to Stay
Thursday, August 09, 2012 3:32:45 PM
This is an automatic e-mail message generated by the CM/ECF system.
Please DO NOT RESPOND to this e-mail because the mail box is
unattended.
***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United
States policy permits attorneys of record and parties in a case (including
pro se litigants) to receive one free electronic copy of all documents filed
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access fees apply to all other users. To avoid later charges, download a
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referenced document is a transcript, the free copy and 30 page limit do
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U.S. District Court
California Northern District
Notice of Electronic Filing
The following transaction was entered by Roberts, Jessica on 8/9/2012 at 3:29 PM
and filed on 8/9/2012
Case Name:
Almy et al v. United States Department of Defense et al
Case Number:
3:10-cv-05627-RS
Filer:
Michael D. Almy
Document Number: 78
Docket Text:
Joint MOTION to Stay Current Briefing Schedule and to Create Briefing
Schedule on Motion for Protective Order filed by Michael D. Almy. Responses
due by 8/23/2012. Replies due by 8/30/2012. (Attachments: # (1) Declaration
Jessica Roberts)(Roberts, Jessica) (Filed on 8/9/2012)
3:10-cv-05627-RS Notice has been electronically mailed to:
Aaron D. Tax Aaron@sldn.org
Jessica Anne Roberts Jroberts@mofo.com, ahyder@mofo.com
John M. Goodman goodman@verizon.net
Kimberly Rhea Gosling kgosling@mofo.com, astevens@mofo.com
Mark Andrew Woodmansee mawoodmansee@mofo.com, dcoletti@mofo.com,
sdpdrive@mofo.com
Paul Gerald Freeborne paul.freeborne@usdoj.gov
Ryan B Parker ryan.parker@usdoj.gov
Stephanie Lee Fong SFong@mofo.com
3:10-cv-05627-RS Please see Local Rule 5-5; Notice has NOT been
electronically mailed to:
The following document(s) are associated with this transaction:
Document description:Main Document
Original filename:C:\Users\ACE1\Desktop\E-FILE
DOCS\ALMY_DADT_Administrative_Motion_for_Protective_Order.pdf
Electronic document Stamp:
[STAMP CANDStamp_ID=977336130 [Date=8/9/2012] [FileNumber=8845668-0] [
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d0d173dd8425c524e62bc7be229496ea1ad1de45c72a10f0aabe493cb9]]
Document description:Declaration Jessica Roberts
Original filename:C:\Users\ACE1\Desktop\E-FILE
DOCS\Almy__Decl_iso_Admin_Motion.pdf
Electronic document Stamp:
[STAMP CANDStamp_ID=977336130 [Date=8/9/2012] [FileNumber=8845668-1] [
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