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

Filing 93

STIPULATION WITH PROPOSED ORDER to Stay Proceedings filed by Michael D. Almy. (Attachments: # 1 Declaration of M. Andrew Woodmansee, # 2 Proposed Order)(Woodmansee, Mark) (Filed on 10/11/2012)

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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,
Defendants.

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STIPULATION TO STAY PROCEEDINGS
sd-602121

Case No. cv 10-5627 (RS)
STIPULATION TO STAY
PROCEEDINGS

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STIPULATION
Pursuant to Civil Local Rules 6-2, 7-11, and 7-12, and for the reasons set forth below,

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plaintiff Michael Almy and the Government Defendants file this stipulation to stay all

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proceedings in this case.

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On July 5, 2012, Plaintiff Almy filed a Motion for Partial Summary Judgment. (ECF No.

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70.) Defendants’ opposition and their own Motion to Dismiss or, in the alternative, Motion for

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Summary Judgment (collectively, with Plaintiff’s motion, the “Summary Judgment/Dismissal

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Motions”), was due on August 10, 2012. Because Defendants indicated that they intended to

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attach documents and quote from documents that Plaintiff believes should be filed under seal, the

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parties stipulated that the briefing schedule on the two Summary Judgment/Dismissal Motions

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should be stayed pending resolution of a protective order regarding the material at issue. (ECF

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No. 78.) On August 9, 2012, the Court granted that stipulation. (ECF No. 79.)

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On August 24, 2012, Plaintiff Almy filed a Motion for Protective Order under seal.

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Defendants filed an opposition under seal on September 7, 2012, and Plaintiff filed a reply under

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seal on September 14, 2012. The Motion for Protective Order was most recently set to be heard

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by this Court on October 15, 2012, at 1:30 p.m. (ECF No. 89.) On October 10, 2012, the Court

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vacated the October 15 hearing date and the motion was submitted without oral argument. (ECF

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No. 90.) Five business days following the Court’s ruling on the Motion for Protective Order, the

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briefing on the two Summary Judgment/Dismissal Motions shall resume pursuant to a revised

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briefing schedule ordered by the Court. (ECF No. 79 at 3.)

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The parties are currently discussing a potential resolution to this case without further

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litigation. To continue exploring the possibility of such a resolution, and in the interest of judicial

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economy, the parties have reached the following stipulation, subject to the Court’s approval:

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

That all proceedings in this case—including the briefing on, and the Court’s

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consideration of, the Motion for Protective Order and the two Summary

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Judgment/Dismissal Motions—shall be stayed pending the completion of the

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parties’ attempts to achieve a resolution outside this matter; and

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STIPULATION TO STAY PROCEEDINGS
sd-602121

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

That all briefing and further proceedings in this matter shall resume at the request

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of the Court or the parties should the parties be unable to resolve this matter in a

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timely manner without the Court’s involvement.

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Dated: October 11, 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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STIPULATION TO STAY PROCEEDINGS
sd-602121

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DECLARATION PURSUANT TO GENERAL ORDER 45, § X.B.
I, M. ANDREW WOODMANSEE, hereby declare pursuant to General Order 45, § X.B.,

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that I have obtained the concurrence in the filing of this document from each of the other

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signatories listed below.

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I declare under penalty of perjury that the foregoing declaration is true and correct.

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Executed on October 11, 2012, in the City of San Diego, State of California.

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/s/ M. Andrew Woodmansee
M. ANDREW WOODMANSEE
12531 High Bluff Drive
San Diego, CA 92130
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Plaintiff Michael D. Almy

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/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

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Attorneys for the Federal Defendants

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STIPULATION TO STAY PROCEEDINGS
sd-602121

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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 11th day of October, 2012, with a copy of this document via the
Court’s CM/ECF system.

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/s/ M. Andrew Woodmansee
M. Andrew Woodmansee

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STIPULATION TO STAY PROCEEDINGS
sd-602121

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