Hegar et al v. Panetta

Filing 14

STIPULATION AND ORDER re 13 STIPULATION WITH PROPOSED ORDER re 11 Stipulation and Order, Set Deadlines/Hearings,, to continue Initial Case Management Conference Set for July 18, 2013 and ADR Deadlines filed by Leon Panetta Case Management Statement due by 9/26/2013. Case Management Conference set for 10/3/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 6/11/13. (bpf, COURT STAFF) (Filed on 6/11/2013)

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STUART F. DELERY
Principal Deputy Assistant Attorney General
MELINDA HAAG
United States Attorney
ALEX TSE
Chief, Civil Division
ANTHONY J. COPPOLINO
Deputy 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 CHUCK HAGEL
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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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CASE NO. C 12-06005 EMC

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE INITIAL
CASE MANAGEMENT
CONFERENCE SET FOR JULY 18,
2013 AND ADR DEADLINES

CHUCK HAGEL, Secretary of Defense,
Defendant.

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20948469.2 NO. C 12-06005 EMC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND ADR DEADLINES

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Defendant Chuck Hagel, 1 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

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and assignment rule, and the Court issued an Order Setting Initial Case Management

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Conference and ADR Deadlines;

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2.

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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3.

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;

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4.

On February 7, 2013, the parties filed a stipulation and proposed order with

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the Court to continue the initial case management conference and ADR deadlines, and on

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February 8, 2013, the Court ordered revision of the initial case management conference and

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ADR deadlines set forth in the November 27, 2012 Order as follows:

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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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Pursuant to Rule 25(d)(1) of the Federal Rules of Civil Procedure, Chuck Hagel,
Secretary of Defense, is automatically substituted for Leon Panetta, former Secretary of
Defense, who is named in the Complaint.
NO. C 12-06005 EMC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND ADR
DEADLINES
20948469.2

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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

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5.

Initial Case Management Conference

Consistent with the parties’ agreement to meet and confer within three weeks

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of the May 15, 2013 deadline for the Military Services’ submission of their implementation

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plans, the parties held a telephone conference on May 30, 2013. During the conference,

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undersigned counsel for defendant conveyed that the Military Services have submitted their

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implementation plans to the Secretary and that the plans are pre-decisional and deliberative

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and therefore will not be disclosed publicly or to Plaintiffs. Undersigned counsel for

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defendant further conveyed that, consistent with the National Defense Authorization Act of

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2013, section 526, H.R. 4310, the Department of Defense (“DoD”) plans to report to

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Congress in July 2013 on the feasibility of developing gender-neutral occupational

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standards for military occupational specialties currently closed to women. Counsel for

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defendant further stated that DoD anticipates that the report will provide some information

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about the Services’ implementation plans.

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6.

In light of the information provided by counsel for defendant, the parties

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have agreed to hold a further meet-and-confer by no later than August 20, 2013. The parties

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have stipulated that the Secretary will have thirty (30) days after this further meet and

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confer to respond to the Complaint, and a stipulation to that effect has been filed with this

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Court. As a result, the parties respectfully submit that it is appropriate to continue the Case

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Management Conference and related deadlines as well.

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The parties therefore request that the Court continue the scheduling dates

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established by the February 8, 2013 Order so that they will occur after the parties’ meet and

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confer (which will occur by August 20, 2013). Specifically, the parties request that: the

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June 15, 2013 deadline for them to meet and confer and to file ADR-related materials be

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continued to August 30, 2013; that the Initial Case Management Conference be continued
NO. C 12-06005 EMC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND ADR
DEADLINES
20948469.2

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from July 18, 2013, to October 3, 2013, which is 14 days after the Secretary’s response to

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

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

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be continued to September 12, 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 February 8, 2013 Order as

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follows:

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8/30/2013

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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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9/26/2013

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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10/3/2013

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IT IS SO STIPULATED.

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DATED: June 7, 2013

Initial Case Management Conference

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MUNGER, TOLLES & OLSON LLP
STEVEN M. PERRY, ESQ.
ROSEMARIE T. RING, ESQ.
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION OF NORTHERN
CALIFORNIA, INC.
ELIZABETH GILL, ESQ.

STUART F. DELERY
Principal Deputy Assistant Attorney General
MELINDA HAAG
United States Attorney
ALEX TSE
Chief, Civil Division
ANTHONY J. COPPOLINO
Deputy Branch Director

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/s/ Steven M. Perry
STEVEN M. PERRY
Attorneys for Plaintiffs
(Electronic signature authorized
verbally to counsel)

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

NO. C 12-06005 EMC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND ADR
DEADLINES
20948469.2

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PURSUANT TO THE PARTIES’ STIPULATION, IT IS HEREBY ORDERED
THAT:

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

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8/30/2013

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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9/26/2013

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Last day to file Rule 26(f) Report, complete initial disclosures or state
objection in Rule 26(f) Report, and file Case Management Statement
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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__________________________________
Edward M. Chen
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United States District Judge ard M. Che
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Judge

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6/11
DATED: ____________________, 2013

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NO. C 12-06005 EMC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND ADR
DEADLINES
20948469.2

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