Hegar et al v. Panetta

Filing 35

STIPULATION AND ORDER re 34 STIPULATION WITH PROPOSED ORDER Revised Stipulation and [Proposed] Order Setting Briefing Schedule and Hearing Dates and Continuing Initial Case Status Conference filed by Service Women's Action Netw ork, Case Management Statement due by 8/21/2014. Case Management Conference set for 9/4/2014 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Responses due by 5/5/2014. Replies due by 5/19/2014. Motion Hearing set for 6/26/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 4/10/14. (bpf, COURT STAFF) (Filed on 4/10/2014)

1 ROSEMARIE T. RING (SBN 220769)
[e-mail]
2 MARI OVERBECK (SBN 261707)
[e-mail]
3 MUNGER, TOLLES & OLSON LLP
560 Mission Street
4 Twenty-Seventh Floor
San Francisco, California 94105-2907
5 Telephone:
[phone]
Facsimile:
[phone]
6
MARGARET C. CROSBY (SBN 56812)
7 [e-mail]
ELIZABETH O. GILL (SBN 218311)
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]
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Attorneys for Plaintiffs
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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
[e-mail]
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]
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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18 MARY JENNINGS HEGAR, JENNIFER
HUNT, ALEXANDRA ZOE BEDELL,
19 COLLEEN FARRELL, AND SERVICE
WOMEN’S ACTION NETWORK,
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Plaintiffs,
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vs.
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CHUCK HAGEL, Secretary of Defense,
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Defendant.
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Case No. 12-CV-06005 EMC
REVISED STIPULATION AND
[PROPOSED] ORDER SETTING
BRIEFING SCHEDULE AND HEARING
DATES AND CONTINUING INITIAL
CASE STATUS CONFERENCE
Judge: Hon. Edward M. Chen

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22469082.1

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

1

REVISED STIPULATION

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Plaintiffs Mary Jennings Hegar, Jennifer Hunt, Alexandra Zoe Bedell, Colleen Farrell, and

3 Service Women’s Action Network and Defendant Chuck Hagel, Secretary of Defense
4 (“Secretary”) (collectively, “the parties”), by and through their respective counsel, submit this
5 stipulation and proposed order continuing the current briefing schedule and hearing on the
6 Secretary’s pending motion to dismiss the Amended Complaint to allow the parties time to discuss
7 a potential resolution to the motion.
8

1.

On October 31, 2013, Plaintiffs filed an Amended Complaint (Dkt No. 18).

9

2.

On December 3, 2013, Plaintiffs served discovery on Defendant in the form of

10 requests for production of documents with a response deadline January 6, 2014.
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3.

On December 19, 2013, Defendant filed a motion to dismiss the Amended

12 Complaint for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure
13 12(b)(1) (Dkt. No. 19).
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4.

On January 21, 2014, Defendant filed a motion for protective order seeking to stay

15 all discovery in the case (Dkt. No. 23).
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5.

On January 23, 2014, pursuant to a stipulation of the parties, the Court signed an

17 order setting a schedule to allow for resolution of Defendant’s motion for protective order before
18 the deadline for Plaintiffs to file their opposition to Defendant’s motion to dismiss and setting a
19 deadline for Plaintiffs’ opposition based on the outcome of the motion for protective order. If it
20 were denied, the deadline would be April 14, 2014. If it were granted, the deadline would be
21 August 14, 2014.
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6.

On February 27, 2014, the Court held a hearing on Defendant’s motion for

23 protective order and issued a minute order stating that the Court would defer its ruling on the
24 motion pending completion of briefing on Defendant’s motion to dismiss and “then consider the
25 relevance and probative value of the requested documents.” (Dkt. No. 29). Although the schedule
26 set by the January 23, 2014 order did not contemplate a deferred ruling, Plaintiffs proceeded on
27 the assumption that the opposition to Defendant’s motion to dismiss would be due on April 14,
28 2014.
22469082.1

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

1

7.

On April 7, 2014, the parties held a telephone conference and agreed, subject to the

2 Court’s approval, to a short continuance of the briefing schedule and hearing date on Defendant’s
3 motion to dismiss to allow the parties time to discuss a potential resolution of the pending
4 motions.
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8.

In light of the foregoing, the parties request that the court supplement and continue

6 the scheduling dates established by the January 23, 2014 order as follows:
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Last day to file opposition to motion to dismiss

5/5/14

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Last day to file reply in support of motion to dismiss

5/19/14

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Hearing on the motion to dismiss is re-noticed for

6/26/14

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

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ADR process election, 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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Last day to file Rule 26(f) Report, complete initial disclosures

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

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

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Management Statement:

8/21/14

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Initial Case Management Conference:

9/4/14

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IT IS SO STIPULATED.

7/22/14

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22469082.1

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

1 DATED: April 8, 2014

MUNGER, TOLLES & OLSON LLP

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By:

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/s/ Rosemarie T. Ring
ROSEMARIE T. RING

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Attorneys for Plaintiffs

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

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DATED: April 8, 2014

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

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22469082.1

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

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Additional Counsel:

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STEVEN M. PERRY (SBN 106154)
3 MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, 35th Floor
4 Los Angeles, CA 90071-1560
Telephone:
[phone]
[phone]
5 Facsimile:
Email: [e-mail]
6

LENORA M. LAPIDUS [pro hac vice]
ARIELA MIGDAL [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]
Email: [e-mail]

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22469082.1

-4CASE NO. C-12-6005 EMC
STIPULATION AND [PROPOSED] ORDER

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ATTESTATION PURSUANT TO GENERAL ORDER 45

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I, Rosemarie T. Ring, am the ECF User whose identification and password are being used

3 to file this REVISED STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING
4 SCHEDULE AND HEARING DATES AND CONTINUING INITIAL CASE STATUS
5 CONFERENCE. In compliance with General Order 45.X.B, I hereby attest that all signatories

UNIT
ED

[PROPOSED] ORDER
Pursuant to stipulation, it is SO ORDERED.

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ERED

hen
rd M. C
ge Edwa
Jud
Honorable Edward M. Chen
United States District Judge

NO

11 Dated:

I

ORD
T IS SO

4/10/14

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ER

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S DISTRICT
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6 have concurred in this filing.

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22469082.1

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