Hegar et al v. Panetta

Filing 11

STIPULATION AND ORDER re 10 ADR Scheduling Order filed by Leon Panetta Case Management Statement due by 7/11/2013. Case Management Conference reset for 7/18/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 2/8/13. (bpf, COURT STAFF) (Filed on 2/8/2013)

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STUART F. DELERY
Principal Deputy Assistant Attorney General
MELINDA HAAG
United States Attorney
ALEX TSE
Chief, Civil Division
JOHN R. TYLER
Assistant Branch Director
CAROLINE LEWIS WOLVERTON
District of Columbia Bar No. 496433
Senior Counsel
Civil Division, Federal Programs Branch
U.S. Department of Justice
P.O. Box 883
Washington, D.C. 20044
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Defendant LEON PANETTA
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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MARY JENNINGS HEGAR, JENNIFER HUNT,
ALEXANDRA ZOE BEDELL, COLLEEN
FARRELL, and SERVICE WOMEN’S ACTION
NETWORK,

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Plaintiffs,

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v.

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LEON PANETTA, Secretary of Defense,

Case No. C 12-06005 EMC

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE INITIAL
CASE MANAGEMENT
CONFERENCE SET FOR
FEBRUARY 28, 2013 AND ADR
DEADLINES

Defendant.

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19961599.1 NO. C 12-06005 EMC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND ADR DEADLINES

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Defendant Leon Panetta, Secretary of Defense (“Secretary”) and Plaintiffs Mary

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Jennings Hegar, Jennifer Hunt, Alexandra Zoe Bedell, Colleen Farrell, and Service

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Women’s Action Network (collectively, “the parties”), by and through their respective

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counsel, hereby stipulate as follows:

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1.

On November 27, 2012, Plaintiffs filed their Complaint for Declaratory and

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Injunctive Relief challenging as unconstitutional the 1994 direct ground combat definition
and assignment rule, and the Court issued the Order Setting Initial Case Management
Conference and ADR Deadlines establishing the following scheduling dates:
2/7/2013

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Last day to: meet and confer re: initial disclosures, early settlement,
ADR process selection, and discovery plan; file ADR Certification

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signed by Parties and Counsel; file either Stipulation to ADR Process

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or Notice of Need for ADR Phone Conference
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2/21/2013

Last day to file Rule 26(f) Report, complete initial disclosures or state

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objection in Rule 26(f) Report, and file Case Management Statement

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per the Court’s Standing Order re Contents of Joint Case

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Management Statement

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2/28/2013
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Initial Case Management Conference

On January 24, 2013, the Secretary rescinded the 1994 direct ground combat

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definition and assignment rule and directed the Military Services to submit plans to him by
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May 15, 2013, for implementation of this policy change;
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In light of the above, on January 29, 2013, the parties filed a stipulation with

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the Court agreeing to meet and confer within three weeks of the deadline for submitting the

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implementation plans and to allow the Secretary thirty (30) days after that meet and confer

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to respond to the Complaint;
NO. C 12-06005 EMC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND ADR
DEADLINES
19961599.1

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5.

The parties now request that the Court continue the scheduling dates

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established by the November 27, 2012 Order so that they will occur after the parties meet

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and confer following the May 15, 2013 deadline for the Military Services’ submission of

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their implementation plans. Specifically, the parties request that: the February 7, 2013

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deadline for them to meet and confer and to file ADR-related materials be continued to June

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15, 2013; that the Initial Case Management Conference be continued from February 28,
2013 to July 18, 2013, which is seventeen days after the Secretary’s response to the

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Complaint is due; and that the deadline for the parties’ Rule 26(f) Report, initial disclosures

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or statement of objection in Rule 26(f) Report, and Case Management Statement be

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continued to July 11, 2013.

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ACCORDINGLY, the parties respectfully request that the Court revise the initial

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case management conference and ADR deadlines set forth in the November 27, 2012 Order
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as follows:
6/15/2013

Last day to: meet and confer re: initial disclosures, early settlement,

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ADR process selection, and discovery plan; file ADR Certification

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signed by Parties and Counsel; file either Stipulation to ADR Process

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or Notice of Need for ADR Phone Conference

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7/11/2013

Last day to file Rule 26(f) Report, complete initial disclosures or state

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objection in Rule 26(f) Report, and file Case Management Statement
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per the Court’s Standing Order re Contents of Joint Case

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Management Statement

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7/18/2013

Initial Case Management Conference

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NO. C 12-06005 EMC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND ADR
DEADLINES
19961599.1

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IT IS SO STIPULATED.

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DATED: February 7, 2013

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MUNGER, TOLLES & OLSON LLP

STUART F. DELERY
Principal Deputy Assistant Attorney General
MELINDA HAAG
United States Attorney
ALEX TSE
Chief, Civil Division
JOHN R. TYLER
Assistant Branch Director

/s/ Rosemarie T. Ring
________________________
ROSEMARIE T. RING
Attorneys for Plaintiffs
(Electronic signature authorized
verbally to counsel)

/s/ Caroline Lewis Wolverton
________________________
CAROLINE LEWIS WOLVERTON
U.S. Department of Justice
Attorneys for Defendant

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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The initial case management conference and ADR deadlines are revised as follows:

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6/15/2013

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Last day to: meet and confer re: initial disclosures, early settlement,
ADR process selection, and discovery plan; file ADR Certification

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signed by Parties and Counsel; file either Stipulation to ADR Process

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or Notice of Need for ADR Phone Conference
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7/11/2013

Last day to file Rule 26(f) Report, complete initial disclosures or state

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objection in Rule 26(f) Report, and file Case Management Statement

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per the Court’s Standing Order re Contents of Joint Case

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Management Statement
Initial Case Management Conference

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ERED
__________________________________
O ORD
Edward M. Chen IT IS S
United States District Judge
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19961599.1

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NO. C 12-06005 EMC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND ADR
DEADLINES

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2/8
DATED: ____________________, 2013

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