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

Filing 37

ORDER by Magistrate Judge Maria-Elena James granting (36) Stipulation to Continue Motion Hearing in case 3:12-cv-04008-MEJ (rmm2S, COURT STAFF) (Filed on 8/1/2013)

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:
CONTINUANCE OF HEARING DATE

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The parties agree, subject to the Court’s approval, to continue the hearing date in this

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matter, currently set for August 29, 2013, to September 5, 2013. Alternatively, the parties are

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available for a hearing on August 19, 20, 21, or 22, should the Court wish to schedule a hearing

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for one of those dates. In support thereof, the parties state as follows.

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1.

The hearing that the parties seek to continue relates to their cross-motions for

partial summary judgment regarding parts 2-4 of plaintiffs’ FOIA request. See Dkt. Nos. 23, 25.
2.

The hearing date in this matter had originally been set for August 22. Based on

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that hearing date, undersigned counsel for the government had planned a family vacation for

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August 23 through and including September 2.

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3.

On July 29, this Court entered an Order continuing the hearing date in this matter

from August 22 to August 29. See Notice of Continuance, ECF No. 35, 07/29/2013.
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Because the new hearing date falls in the middle of government counsel’s

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vacation, the parties request that the Court continue the August 29 hearing date to September 5.

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Alternatively, if the Court is unavailable to hear argument on the parties’ cross-motions for

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partial summary judgment on September 5, the parties can be available for a hearing on the

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Court’s original hearing date of August 22, or on August 19, 20, or 21.

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STIPULATION RE: CONTINUANCE OF HEARING DATE
Case No. 12-cv-4008-MEJ

IT IS SO STIPULATED THIS 1ST DAY OF AUGUST, 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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STUART F. DELERY
Acting Assistant Attorney General
Civil Division
ELIZABETH J. SHAPIRO
Deputy Branch Director
Civil Division, Federal Programs Branch

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/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]

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Attorneys for Defendant

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IT IS SO ORDERED that the hearing on the parties’ cross-motions for partial summary
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judgment (Dkt. Nos. 23, 25), scheduled to take place on August 29, 2013, is hereby continued to
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______,
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09/05 2013, at 10:00am in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco,
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California, 94102.
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_____________________________________
Judge Maria-Elena James
United States Magistrate Judge

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August 1, 2013
_____________________________________
Date

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STIPULATION RE: CONTINUANCE OF HEARING DATE
Case No. 12-cv-4008-MEJ

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DECLARATION PURSUANT TO LOCAL RULE 5-1(i)(3)
Pursuant to Local Rule 5-1(i)(3), the undersigned filer declares that concurrence in the
filing of this document has been obtained from the other signatory to this document.
I declare under penalty of perjury that the foregoing is true and correct. Executed this 1st
day of August, 2013.
/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]

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STIPULATION RE: CONTINUANCE OF HEARING DATE
Case No. 12-cv-4008-MEJ