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

Filing 54

STIPULATION AND ORDER RE 53 Request to Modify Briefing Schedule. Signed by Judge Maria-Elena James on 11/27/2013. (mejlc2, COURT STAFF) (Filed on 11/27/2013)

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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for Part 1 of plaintiffs’ Freedom of Information Act (“FOIA”) request. In support thereof, the

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parties state as follows:

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1.

As set forth in the parties’ prior Case Management Statements, plaintiffs

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submitted a four-part FOIA request seeking records of the U.S. Attorney’s Office for the

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Northern District of California pertaining to efforts to seek or obtain location information which

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helps ascertain the location of an individual or a particular device. Specifically, part 1 of

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plaintiffs’ FOIA request seeks “[a]ll requests, subpoenas, and applications for court orders or

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warrants seeking location information since January 1, 2008.” Parts 2, 3, and 4 of plaintiffs’

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FOIA request seeks various other categories of documents relating to efforts to obtain location

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information.

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2.

Pursuant to the parties’ October 23, 2013 Joint Case Management Statement,

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defendant’s reply in support of its motion for summary judgment as to part 1 and opposition to

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plaintiffs’ cross-motion for summary judgment as to part 1 is due on December 5, 2013.

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Plaintiffs’ reply in support of their cross-motion for summary judgment as to part 1 is due on

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December 19. See ECF No. 47, 10/23/2013. This Court entered an Order setting those dates, as

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well as a hearing date of January 9, 2014. See Order, ECF No. 51, 11/04/2013.

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3.

This Court subsequently modified its order and reset the hearing date to January

30, 2014. See Order, ECF No. 52, 11/06/2013.
STIPULATION RE: BRIEFING SCHEDULE
Case No. 12-cv-4008-MEJ

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4.

Due to a conflict in government counsel’s schedule that will preclude him from

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preparing a brief by December 5, defendant requests, and the plaintiffs have agreed, to modify

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the briefing schedule regarding part 1 of the FOIA request, as follows:

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a.

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

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part 1 and opposition to plaintiffs’ cross-motion for summary judgment as

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to part 1, not to exceed 25 pages, shall be filed no later than December 12,

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2013.

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b.

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Plaintiffs’ reply in support of their cross-motion for summary judgment as
to part 1, not to exceed 25 pages, shall be filed no later than December 20,

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2013.

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5.

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set by the Court.

The parties do not propose to alter the January 30, 2014 hearing date previously

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IT IS SO STIPULATED THIS 27TH DAY OF NOVEMBER, 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
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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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’ motions for summary judgment regarding Part 1 of plaintiffs’ FOIA
request, the briefing schedule shall be modified as follows:
a.

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

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part 1 and opposition to plaintiffs’ cross-motion for summary judgment as

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to part 1, not to exceed 25 pages, shall be filed no later than December 12,

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2013.

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b.

to part 1, not to exceed 25 pages, shall be filed no later than December 20,

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2013.

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Plaintiffs’ reply in support of their cross-motion for summary judgment as

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The hearing date of January 30, 2014 remains unchanged.

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_____________________________________
Judge Maria-Elena James
United States Magistrate Judge

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11/27/2013
_____________________________________
Date

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STIPULATION RE: BRIEFING SCHEDULE
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
27th day of November, 2013.

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