Hegar et al v. Panetta

Filing 45

STIPULATION AND ORDER re 44 STIPULATION WITH PROPOSED ORDER re 43 Clerk's Notice, seeking continuance of further CMC and updated joint CMC statement filed by Ashton Carter Case Management Statement due by 4/9/2015. Further Case Management Conference set for 4/23/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 2/25/15. (bpf, COURT STAFF) (Filed on 2/25/2015)

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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JOYCE R. BRANDA
Acting 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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ASHTON B. CARTER, Secretary of Defense,1
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Defendant.
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Case No. 12-CV-06005 EMC
STIPULATED REQUEST AND
[PROPOSED] ORDER FOR
CONTINUANCE OF FURTHER CASE
MANAGEMENT CONFERENCE AND
UPDATED CMC STATEMENT
Judge: Hon. Edward M. Chen
Case Management Conference: April 2, 2015
Time:
10:30 a.m.

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Pursuant to Federal Rule of Civil Procedure 25(d), Ashton B. Barter has been substituted in his
28 official capacity for Chuck Hagel as Secretary of Defense.
CASE NO. 12-6005 EMC
STIPULATED REQUEST AND [PROPOSED] ORDER

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

3 Service Women’s Action Network and Defendant Ashton B. Carter, Secretary of Defense
4 (“Secretary”) (collectively, “the parties”), by and through their respective counsel, submit this
5 Stipulated Request and Proposed Order for a continuance of the Case Management Conference
6 (CMC) scheduled for April 2, 2015, and deadline for the parties’ updated joint CMC Statement,
7 which is currently due March 26, 2015. Defendant respectfully requests a continuance of the
8 CMC to April 23, 2015, and the deadline for the parties’ updated joint CMC Statement to April 9,
9 2015, and the Plaintiffs stipulate to such request. Defendant submits that the following facts and
10 circumstances set forth in the attached Declaration of counsel for Defendant Caroline Lewis
11 Wolverton, establish good cause for the requested continuance as follows:
12

1.

On November 13, 2014, the Court scheduled the further CMC in this matter for

13 March 19, 2015, and ordered the parties to provide an updated joint CMC Statement by March 12,
14 2015. ECF No. 39.
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2.

Subsequently, Ms. Wolverton scheduled a family trip for the week of March 23,

16 2015, to coincide with her children’s school spring break.
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3.

On January 27, 2015, the Court rescheduled the further CMC to April 2, 2015, and

18 ordered the parties to provide an updated joint CMC Statement by March 26, 2015. (Dkt. Entry of
19 Jan. 27, 2015)
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4.

The current March 26, 2015 deadline for the updated joint CMC Statement falls

21 during the week of Ms. Wolverton’s prescheduled family trip.
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5.

The requested continuance of the further CMC to April 23, 2015, and the updated

23 Joint CMC Statement to April 9, 2015 would eliminate the conflict the current updated joint CMC
24 Statement deadline presents for Ms. Wolverton.
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-1CASE NO. C-12-6005 EMC
STIPULATED REQUEST AND [PROPOSED] ORDER

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6.

Plaintiffs’ counsel would have a conflict with the further CMC being rescheduled

2 to April 9, 2015, as that date falls during the Passover holiday.2 The Court’s scheduling notes on
3 the Court website indicate that the Court is unavailable on April 16, 2015.
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7.

In light of the foregoing, Defendant respectfully requests that the Court continue

5 the Case Management Conference to April 23, 2015, and the deadline for the parties’ updated joint
6 CMC Statement to April 9, 2015.
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8 DATED: February 24, 2015

MUNGER, TOLLES & OLSON LLP

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By:

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/s/ Rosemarie T. Ring
ROSEMARIE T. RING

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DATED: February 24, 2015
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Attorneys for Plaintiffs
MARY JENNINGS HEGAR, JENNIFER HUNT,
ALEXANDRA ZOE BEDELL, COLLEEN FARRELL,
AND SERVICE WOMEN’S ACTION NETWORK
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/
Caroline Lewis Wolverton
CAROLINE LEWIS WOLVERTON
U.S. Department of Justice
Attorneys for Defendant ASHTON B. CARTER

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Additional Counsel:
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STEVEN M. PERRY (SBN 106154)
24 MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, 35th Floor
25 Los Angeles, CA 90071-1560
Telephone: [phone]
26 Facsimile: [phone]
27

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

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Plaintiffs’ counsel would be able to file the updated Case Management Statement on April 9,
28 2015.
-2CASE NO. C-12-6005 EMC
STIPULATED REQUEST AND [PROPOSED] ORDER

1 Email: [e-mail]

New York, NY 10004
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]

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ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Caroline Lewis Wolverton, am the ECF User whose identification and password are

7 being used to file this STIPULATED REQUEST AND [PROPOSED] ORDER FOR
8 CONTINUANCE OF FURTHER CASE MANAGEMENT CONFERENCE AND UPDATED
9 CASE MANAGEMENT STATEMENT. In compliance with General Order 45.X.B, I hereby
10 attest that all signatories have concurred in this filing.
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/s/

Caroline Lewis Wolverton

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

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[PROPOSED] ORDER

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Pursuant to the stipulated request, and based on good cause shown, it is hereby

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ORDERED that the Stipulated Request and [Proposed] Order for Continuance of Further

4 Case Management Conference and Updated CMC Statement is hereby GRANTED; and it is
5 further
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ORDERED that the further Case Management Conference is CONTINUED to April 23,
/at 10:30 a.m.

7 2015, and the deadline for the parties Updated Joint CMC Statement is CONTINUED to April 9,
8 2015.

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Honorable EdwardEM. Chen
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United States District Judge
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2/25/15

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