American Civil Liberties Union of Northern California et al v. Department of Justice

Filing 32

ORDER RE: BRIEFING SCHEDULE. Replies due by 7/22/2013. Signed by Judge Maria-Elena James on 7/18/2013. (cdnS, COURT STAFF) (Filed on 7/18/2013)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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AMERICAN CIVIL LIBERTIES UNION
OF NORTHERN CALIFORNIA;
SAN FRANCISCO BAY GUARDIAN,

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Plaintiffs,
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v.
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DEPARTMENT OF JUSTICE
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Defendant.

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No. 12-cv-4008-MEJ

STIPULATION RE:
BRIEFING SCHEDULE

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The parties agree, subject to the Court’s approval, to modify the current briefing schedule

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so as to provide defendant with two additional business days in order to file its reply in support

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of defendant’s motion for partial summary judgment and in opposition to plaintiffs’ cross-motion

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for summary judgment. The parties do not wish to change any of the other deadlines in this case,

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including the hearing currently set in this matter for August 22, 2013. In support thereof, the

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parties state as follows:

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1.

Pursuant to previous stipulations filed by the parties, the Court adopted the

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following briefing schedule regarding partial summary judgment for Parts 2-4 of plaintiffs’

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FOIA request:

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a.

Defendant’s opening brief shall be filed no later than June 6, 2013.

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b.

Plaintiffs’ cross-motion (if any) and opposition shall be filed no later than
June 27, 2013.

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c.

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Defendant’s reply and opposition (if any) shall be filed no later than July
18, 2013.

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d.

Plaintiffs’ reply (if any) shall be filed no later than August 8, 2013.

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e.

The hearing in this matter shall be held on August 22, 2013.

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STIPULATION RE: BRIEFING SCHEDULE
Case No. 12-cv-4008-MEJ

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Order, ECF No. 20, 02/22/2013.1 Pursuant to that schedule, defendant has filed its motion for

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partial summary judgment regarding parts 2-4 of the FOIA request, and plaintiffs have filed their

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opposition and cross-motion for summary judgment. See ECF No. 23 (06/06/2013); ECF No. 25

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(06/27/2013).
2.

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Undersigned counsel for defendant seeks, and undersigned counsel for plaintiffs

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has agreed to, a modest, two-business-day extension for defendant to file its reply in support of

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its motion for partial summary judgment and opposition to plaintiffs’ cross-motion for summary

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judgment. Undersigned counsel for defendant has multiple other litigation matters for which he

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is the primary responsible attorney and, among other things, has had to travel for work for nearly

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the entirety of this week. Accordingly, two extra business days will allow defendant adequate

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time to finalize its brief.
3.

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If this Court grants the parties’ stipulation, defendant’s brief will be due on

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Monday, July 22. This stipulation does not affect any other deadlines in this case, including the

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deadline for plaintiffs’ reply brief and the hearing set for August 22.

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IT IS SO STIPULATED THIS 17TH DAY OF JULY, 2013:

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/s/ Linda Lye
MICHAEL RISHER
LINDA LYE
American Civil Liberties Union
Foundation of Northern California
39 Drumm Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiffs
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ELIZABETH J. SHAPIRO
Deputy Branch Director
Civil Division, Federal Programs Branch
/s/ Brad P. Rosenberg
BRAD P. ROSENBERG (D.C. Bar No. 467513)
Trial Attorney
U.S. Department of Justice
Civil Division, Federal Programs Branch
P.O. Box 883
Washington, D.C. 20044
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendant

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STUART F. DELERY
Acting Assistant Attorney General
Civil Division

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The Court subsequently adopted a separate briefing schedule regarding partial summary
judgment for Part 1 of the FOIA request. See Order, ECF No. 22, 05/13/2013. That schedule is
not affected by this Stipulation.
STIPULATION RE: BRIEFING SCHEDULE
Case No. 12-cv-4008-MEJ

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IT IS SO ORDERED THAT THE FOLLOWING BRIEFING SCHEDULE IS ADOPTED:
For the parties’ partial motions for summary judgment regarding Parts 2-4 of plaintiffs’

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FOIA request, the briefing schedule shall remain as previously set by the Court, but modified as

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follows:

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a.

Defendant’s reply in support of its motion for partial summary judgment

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and opposition to plaintiffs’ cross-motion for summary judgment (not to

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exceed 25 pages) shall be filed no later than July 22, 2013.

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b.

August 8, 2013.

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Plaintiffs’ reply (not to exceed 25 pages) shall be filed no later than

c.

The hearing shall be held on August 22, 2013.

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_____________________________________
Judge Maria-Elena James
United States Magistrate Judge

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July 18, 2013
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Date

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STIPULATION RE: BRIEFING SCHEDULE
Case No. 12-cv-4008-MEJ