Hegar et al v. Panetta

Filing 98

STIPULATION AND ORDER resetting CMC. Case Management Statement due by 9/14/2017. Further Case Management Conference set for 9/21/2017 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 7/5/17. (bpfS, COURT STAFF) (Filed on 7/5/2017)

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
CHRISTINE P. SUN (SBN 218701)
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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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

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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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JAMES N. MATTIS1, Secretary of Defense,
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Defendant.
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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: Jul. 13, 2017
Time: 10:30 a.m.

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Pursuant to Federal Rule of Civil Procedure 25(d), James N. Mattis has been substituted in his
28 official capacity for Ash Carter as Secretary of Defense.
CASE NO. C-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 James N. Mattis, 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 July 13, 2017, and deadline for the parties’ updated joint CMC Statement,
7 which is currently due July 6, 2017. Defendant respectfully requests a continuance of the CMC to
8 September 21, 2017, and the deadline for the parties’ updated joint CMC Statement to September
9 14, 2017, and the Plaintiffs stipulate to such request. Defendant submits that the facts and
10 circumstances set forth in the attached Declaration of counsel for Defendant establish good cause
11 for the requested continuance as follows:
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1. On January 12, 2017, the Court scheduled the further CMC in this matter for July 13,

13 2017, and ordered the parties to provide an updated joint CMC Statement by July 6, 2017. ECF
14 No. 91.
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2. Subsequently, Defendant’s prior counsel, Ms. Caroline Wolverton left the Department

16 of Justice and Defendant’s current counsel, Mr. Andrew Carmichael, was assigned this case on
17 June 8, 2017.
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3. Mr. Carmichael has previously scheduled leave plans from July 7, 2017 through

19 July 14, 2017.
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4. The current date of the CMC falls during Mr. Carmichael’s previously scheduled leave.

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5. Additionally, Mr. Carmichael has substantial briefs due in two other cases in late

22 June and mid-July and as newly appointed counsel needs time to familiarize himself with the
23 present litigation.
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6. Plaintiffs’ counsel would have a conflict with the CMC being rescheduled during the

25 month of August due to her getting married and traveling on her honeymoon.
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7. In light of the foregoing, Defendant respectfully requests that the Court continue the

27 Case Management Conference to September 21, 2017, and the deadline for the parties’ updated
28 joint CMC Statement to September 14, 2017.
-1CASE NO. C-12-6005 EMC
STIPULATED REQUEST AND [PROPOSED] ORDER

1 DATED: June 30, 2017
2

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

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/s/
Andrew E. Carmichael
ANDREW E. CARMICHAEL
U.S. Department of Justice
Attorneys for Defendant JAMES N. MATTIS

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8 DATED: June 30, 2017

MUNGER, TOLLES & OLSON LLP

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10

By:

/s/ Rosemarie T. Ring
ROSEMARIE T. RING

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

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15 Additional Counsel:
16 STEVEN M. PERRY (SBN 106154)
MUNGER, TOLLES & OLSON LLP
17 355 South Grand Avenue, 35th Floor
Los Angeles, CA 90071-1560
18 Telephone: [phone]
Facsimile: [phone]
19 Email: [e-mail]

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]

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CHRISTINE P. SUN (SBN 218701)
[e-mail]
ELIZABETH O. GILL (SBN 218311)
[e-mail]
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION OF
NORTHERN CALIFORNIA, INC.
39 Drumm Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile:
[phone]

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

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

3 used to file this Stipulated Request and [Proposed] Order for Continuance of Further Case
4 Management Conference and updated Case Management Statement. In compliance with General
5 Order 45.X.B, I hereby attest that all signatories have concurred in this filing.
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/s/ Andrew E. Carmichael

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7/5/17

DERED

O OR
IT IS S

R NIA

UNIT
ED

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14 Dated:

S

Pursuant to stipulation, it is SO ORDERED.

RT
U
O

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S DISTRICT
TE
C
TA

[PROPOSED] ORDER

Honorable Edward M. Chen
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M. Che

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dward
Judge E

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