Hegar et al v. Panetta

Filing 125

STIPULATION AND ORDER re 124 EXTENDING THE DEADLINE FOR DEFENDANT'S RESPONSE TO THE THIRD AMENDED COMPLAINT filed by James N Mattis, Leon Panetta, Ashton Carter, Chuck Hagel. Signed by Judge Edward M. Chen on 7/16/18. (bpfS, COURT STAFF) (Filed on 7/16/2018)

Case 3:12-cv-06005-EMC Document 124 Filed 07/03/18 Page 1 of 4

1 ROSEMARIE T. RING (SBN 220769)
[e-mail]
2 MUNGER, TOLLES & OLSON LLP
560 Mission Street
3 Twenty-Seventh Floor
San Francisco, California 94105-2907
4 Telephone:
[phone]
Facsimile:
[phone]
5
CHRISTINE P. SUN (SBN 218701)
6 [e-mail]
ELIZABETH O. GILL (SBN 218311)
7 [e-mail]
SHILPI AGARWAL (SBN 270749)
8 [e-mail]
AMERICAN CIVIL LIBERTIES UNION
9 FOUNDATION OF NORTHERN
CALIFORNIA, INC.
10 39 Drumm Street
San Francisco, CA 94111
11 Telephone:
[phone]
Facsimile:
[phone]
12
Attorneys for Plaintiff
13

CHAD A. READLER
Acting Assistant Attorney General
ANTHONY J. COPPOLINO
Deputy Branch Director
ANDREW E. CARMICHAEL
[e-mail]
Virginia Bar No. 76578
Trial Attorney
Civil Division, Federal Programs Branch
U.S. Department of Justice
20 Massachusetts Avenue, N.W., Rm. 7218
Washington, D.C. 20044
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant JAMES N. MATTIS

14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16

SAN FRANCISCO DIVISION

17
18 SERVICE WOMEN’S ACTION
NETWORK,
19
Plaintiff,
20
vs.
21
JAMES N. MATTIS, Secretary of Defense,
22
Defendant.
23

Case No. 12-CV-06005 EMC
STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINE FOR
DEFENDANT’S RESPONSE TO THE
THIRD AMENDED COMPLAINT
Judge: Hon. Edward M. Chen

24
25
26
27
28
CASE NO. 12-CV-6005 EMC
STIPULATION AND [PROPOSED] ORDER

Case 3:12-cv-06005-EMC Document 124 Filed 07/03/18 Page 2 of 4

1

On May 1, 2018, the Court granted Defendant, Secretary of Defense James N.

2 Mattis’s motion to dismiss Plaintiff, Service Women’s Action Network’s (“SWAN”) Second
3 Amended Complaint, on standing grounds. Dkt. 118. The Court gave leave to Plaintiff to file an
4 amended complaint within four weeks of the date of the order. Id. at 23. On May 11, 2018,
5 Plaintiff and Defendant stipulated that the May 29, 2018 filing deadline for the filing of an amended
6 complaint be extended by thirty days, to June 28, 2018. Dkt. 119. The Court accepted the parties’
7 stipulation on May 16, 2018. Dkt. 120. On June 28, 2018, Plaintiff filed their Third Amended
8 Complaint. Dkt. 122. The Third Amended Complaint raises new allegations as to standing not
9 previously addressed in the parties’ briefing on the Second Amended Complaint. As such, counsel
10 for both parties have conferred and agreed upon a proposed schedule for Defendant to respond to
11 Plaintiff’s Third Amended Complaint. The following schedule also reflects previously scheduled
12 vacation plans and briefing deadlines in other litigation matters for counsel for both parties.
13
14

Filing

Due Date

Defendant’s deadline to file a Motion to Dismiss or otherwise
respond to Plaintiff’s Third Amended Complaint

August 6, 2018

Plaintiff’s deadline to file their opposition brief to a Motion to
Dismiss the Third Amended Complaint

August 28, 2018

Defendant’s deadline to file its reply brief

September 13, 2018

Proposed hearing on Defendant’s Motion1

September 27, 2018

15
16
17
18
19
20
21
22
23
24
25
26
1

The parties also propose moving the Further Case Management Conference currently scheduled
for August 9, 2018 to September 27, 2018 and the deadline to file the Case Management Statement
28 from August 2, 2018 to September 20, 2018.
27

-1CASE NO. 12-CV-6005 EMC
STIPULATION AND [PROPOSED] ORDER

Case 3:12-cv-06005-EMC Document 124 Filed 07/03/18 Page 3 of 4

1 DATED: July 3, 2018

MUNGER, TOLLES & OLSON LLP

2
3

By:

/s/ Steven M. Perry
STEVEN M. PERRY

4
5

Attorneys for Plaintiff
SERVICE WOMEN’S ACTION NETWORK

6
7 DATED: July 3, 2018
8
9

CHAD A. READLER
Acting Assistant Attorney General
ANTHONY J. COPPOLINO
Deputy Branch Director
ANDREW E. CARMICHAEL

10
11

By: /s/ Andrew E. Carmichael
ANDREW E. CARMICHAEL

12

U.S. Department of Justice
Attorneys for Defendant JAMES N. MATTIS

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2CASE NO. 12-CV-6005 EMC
STIPULATION AND [PROPOSED] ORDER

Case 3:12-cv-06005-EMC Document 124 Filed 07/03/18 Page 4 of 4

1

Additional Counsel:

2

STEVEN M. PERRY (SBN 106154)
MUNGER, TOLLES & OLSON LLP
350 South Grand Avenue, 50th Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

3
4
5

LENORA M. LAPIDUS [pro hac vice]
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION
WOMEN’S RIGHTS PROJECT
125 Broad Street, 18th Floor
New York, NY 10004
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]

6
7
8
9

ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Andrew E. Carmichael, am the ECF User whose identification and password are being

10 used to file this Stipulation and [Proposed] Order. In compliance with General Order 45.X.B, I
11 hereby attest that all signatories have concurred in this filing.
12
13

/s/ Andrew E. Carmichael

14
15
16

[PROPOSED] ORDER

17
PURSUANT TO STIPULATION, IT IS SO ORDERED.

19

S DISTRICT
TE
C
TA

D

Hon. Edward M.RDERE
Chen
S SO O
IT IStates District Judge
United

23

n

M. Che

LI

ER

A

H

26

38626519.1

RT

25

dward
Judge E

NO

24

R NIA

22

FO

16
21 DATED: July ___, 2018

UNIT
ED

S

20

RT
U
O

18

N

27

F
D IS T IC T O
R

C

28
-3CASE NO. 12-CV-6005 EMC
STIPULATION AND [PROPOSED] ORDER