Hegar et al v. Panetta

Filing 64

STIPULATION AND ORDER resetting CMC. Case Management Statement due by 11/10/2015. Further Case Management Conference set for 11/19/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 9/14/15. (bpf, COURT STAFF) (Filed on 9/14/2015)

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]
12
Attorneys for Plaintiffs
13

BENJAMIN MIZER
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 Trial 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 ASHTON B. CARTER

14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16

SAN FRANCISCO DIVISION

17
18 MARY JENNINGS HEGAR, JENNIFER
HUNT, ALEXANDRA ZOE BEDELL,
19 COLLEEN FARRELL, AND SERVICE
WOMEN’S ACTION NETWORK,
20
Plaintiffs,
21
vs.
22
ASHTON B. CARTER, Secretary of Defense,1
23
Defendant.
24

Case No. 12-CV-06005 EMC
STIPULATED REQUEST AND
[PROPOSED] ORDER FOR
CONTINUANCE OF FURTHER CMC and
UPDATED CMC STATEMENT
Judge: Hon. Edward M. Chen
Case Management Conference: Oct. 8, 2015
Time:
10:30 a.m.

25
26
27

1

Pursuant to Federal Rule of Civil Procedure 25(d), Ashton B. Carter 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

1
2

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 deadline for the parties’ updated
6 joint Case Management Conference (CMC) Statement to November 10, 2015, and further CMC to
7 November 19, 2015. The joint CMC Statement is currently due October 1, 2015, and the further
8 CMC is currently scheduled for October 8, 2015. Defendant submits that the following facts and
9 circumstances set forth in the attached Declaration of counsel for Defendant Caroline Lewis
10 Wolverton establish good cause for the requested continuance as follows:
11

1.

On July 30, 2015, the Court scheduled a further CMC in this matter for October 8,

12 2015, and ordered the parties to meet and confer regarding Defendants’ accession, assignment and
13 training procedures and policies and thereafter provide an updated joint CMC Statement by
14 October 1, 2015. ECF No. 60 (Aug. 4, 2015).
15

2.

September 30, 2015 is the deadline for the Military Departments and U.S. Special

16 Operations Command to present final recommendations on remaining closed occupations and
17 positions to the Secretary of Defense. That date is also the deadline for each Military Department
18 Secretary to certify that all occupational standards in his/her Department are gender-neutral and in
19 compliance with all applicable public laws.
20

3.

Defendant expects that the work during the weeks prior to September 30, 2015

21 associated with finalizing recommendations on remaining closed positions and ensuring that all
22 occupational standards are gender-neutral and in compliance with all applicable public laws will
23 be substantial.
24

4.

Defendant believes that simultaneously completing the ordered meet-and-confer in

25 order to present a joint CMC statement by October 1, 2015, and if appropriate an accompanying
26 declaration, would strain the resources that the military must devote to the work of finalizing
27 recommendations on remaining closed positions and ensuring that all occupational standards are
28 gender-neutral and in compliance with all applicable public laws.
-1CASE NO. C-12-6005 EMC
STIPULATED REQUEST AND [PROPOSED] ORDER

1

5.

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

2 the deadline for the further CMC to November 19, 2015 and the parties’ updated joint CMC
3 Statement to November 10, 2015. Defendant requested and received Plaintiffs’ stipulation to this
4 request.2
5
6 DATED: September 10, 2015
7
8
9

BENJAMIN MIZER
Acting Assistant Attorney General
MELINDA HAAG
United States Attorney
ALEX TSE
Chief, Civil Division
ANTHONY J. COPPOLINO
Deputy Branch Director

10
11

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

12
13
14
15 DATED: September 10, 2015

MUNGER, TOLLES & OLSON LLP

16
By:

17

/s/ Rosemarie T. Ring
ROSEMARIE T. RING

18
Attorneys for Plaintiffs
MARY JENNINGS HEGAR, JENNIFER HUNT,
ALEXANDRA ZOE BEDELL, COLLEEN FARRELL,
AND SERVICE WOMEN’S ACTION NETWORK

19
20
21
Additional Counsel:
22
STEVEN M. PERRY (SBN 106154)
23 MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, 35th Floor
24 Los Angeles, CA 90071-1560
Telephone: [phone]
25 Facsimile: [phone]
Email: [e-mail]
26
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
New York, NY 10004
Telephone:
[phone]

2

November 11, 2015 is Veterans Day, and the parties are in agreement that it would be preferable
28 to have the CMC statement completed before the federal holiday.
-2CASE NO. C-12-6005 EMC
STIPULATED REQUEST AND [PROPOSED] ORDER

1

Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]

2
3
4
5

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

6 being used to file this Stipulated Request and [Proposed] Order for Continuance of Further Case
7 Management Conference and Updated Case Management Statement. In compliance with General
8 Order 45.X.B, I hereby attest that all signatories have concurred in this filing.
9
10

/s/

Caroline Lewis Wolverton

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3CASE NO. C-12-6005 EMC
STIPULATED REQUEST AND [PROPOSED] ORDER

1

[PROPOSED] ORDER

2

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

3

ORDERED that the Stipulated Request for Continuance of Further Case Management

4 Conference and Updated Case Management Statement is hereby GRANTED; and it is further
5

ORDERED that the Further Case Management Conference is hereby CONTINUED to

6 November 19, 2015; and it is further
ORDERED that the deadline for the parties’ Updated Joint CMC Statement is

J

ER

H

14
15

R NIA

. Chen

ward M
udge Ed

RT

13

United States District Judge

NO

12

DERED
SO OR
IT IS
HONORABLE EDWARD M. CHEN

FO

11

9/14/15

LI

10 Dated:

UNIT
ED

9

S DISTRICT
TE
C
TA

RT
U
O

S

8 CONTINUED to November 10, 2015.

A

7

N

F
D IS T IC T O
R

C

16
17
18
19
20
21
22
23
24
25
26
27
28
-4CASE NO. C-12-6005 EMC
STIPULATED REQUEST AND [PROPOSED] ORDER