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)
[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

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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
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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)
[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

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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

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I, Jessica Roberts, hereby declare as follows:

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1.

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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4.

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
[e-mail]

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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

sd-597824

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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:

[e-mail]
[e-mail]
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
electronically, if receipt is required by law or directed by the filer. PACER
access fees apply to all other users. To avoid later charges, download a
copy of each document during this first viewing. However, if the
referenced document is a transcript, the free copy and 30 page limit do
not apply.
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     [e-mail]
Jessica Anne Roberts     [e-mail], [e-mail]
John M. Goodman     [e-mail]
Kimberly Rhea Gosling     [e-mail], [e-mail]
Mark Andrew Woodmansee     [e-mail], [e-mail],
[e-mail]
Paul Gerald Freeborne     [e-mail]

Ryan B Parker     [e-mail]
Stephanie Lee Fong     [e-mail]
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:
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61a382da2c8f5fe9f70021ff4c113459f30d9248aad56651841f1ac3d028cf27649109
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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