Electronic Frontier Foundation v. National Security Agency et al

Filing 31

ORDER on stipulated request to set a briefing schedule. Signed by Judge Richard Seeborg on 9/29/15. (cl, COURT STAFF) (Filed on 9/29/2015)

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
MELINDA HAAG
United States Attorney
ELIZABETH J. SHAPIRO
Deputy Branch Director
RODNEY PATTON
Trial Attorney
JULIA BERMAN
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, N.W.
Washington, DC 20001
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ELECTRONIC FRONTIER FOUNDATION, )
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Plaintiff,
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v.
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NATIONAL SECURITY AGENCY, OFFICE )
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OF THE DIRECTOR OF NATIONAL
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INTELLIGENCE,
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Defendants.

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)

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Case No.: 14-cv-03010-RS

ORDER
STATUS REPORT AND
STIPULATED REQUEST TO
SET A BRIEFING SCHEDULE
Hon. Richard Seeborg

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STATUS REPORT AND STIPULATED REQUEST TO SET A BRIEFING SCHEDULE
Case No.: 14-cv-03010-RS

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Pursuant to the Court’s August 12, 2015 Order, ECF No. 28, the parties respectfully submit

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this status report and request that the Court enter the schedule set forth below for summary

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judgment briefing in this matter:

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1.

On August 11, 2015, the parties requested a continuance of summary judgment

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briefing in this matter, because the Defendants had determined that the single document that

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remained in contention in this case could be reprocessed and released in part. See Stipulated

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Request for Continuance of Summary Judgment Briefing, ECF No. 27 at 2. Defendants indicated

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that they would produce the reprocessed document, with redactions and a Vaughn index for that

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document, by September 3, 2015. Id. The parties stipulated that they would then confer regarding

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whether any substantive issues remained in contention in this matter. Id. The parties requested

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that they be permitted to submit a status report by September 25, 2015, proposing a briefing

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schedule for summary judgment motions if any substantive issues remained in contention at that

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time. Id.

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2.

On September 3, 2015, the Defendants produced to Plaintiff the reprocessed

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document, with redactions under FOIA exemptions (b)(1), (b)(3), and (b)(5), along with a Vaughn

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index for that document.

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3.

Having conferred, the parties have recognized that substantive issues remain in

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contention regarding the redactions taken in the document, and respectfully request that the Court

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enter the following schedule for summary judgment motions in this matter:

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a. On or before October 30, 2015, defendants will file their motion for summary
judgment.
b. On or before December 4, 2015, plaintiff will file its combined cross-motion for
summary judgment and opposition to defendants’ motion.

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c. On or before January 8, 2016, defendants will file their combined opposition to
plaintiff’s motion and reply in support of their motion.

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d. On or before January 22, 2016, plaintiff will file its reply in support of its motion.

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STATUS REPORT AND STIPULATED REQUEST TO SET A BRIEFING SCHEDULE
Case No.: 14-cv-03010-RS

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DATED: September 25, 2015

Respectfully submitted,

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General

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MELINDA HAAG
United States Attorney

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ELIZABETH J. SHAPIRO
Deputy Branch Director

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/s/ Julia A. Berman
RODNEY PATTON
JULIA A. BERMAN, Bar No. 241415

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United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, N.W.
Washington, D.C. 20001
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants

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_/s/ Andrew Crocker__________
Andrew Crocker
Mark Rumold
Nathan Cardozo
Jennifer Lynch
ELECTRONIC FRONTIER FOUNDATION
815 Eddy St.
San Francisco, CA 94109

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Attorneys for Plaintiff
Electronic Frontier Foundation

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STATUS REPORT AND STIPULATED REQUEST TO SET A BRIEFING SCHEDULE
Case No.: 14-cv-03010-RS

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ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)
I, Julia Berman, hereby attest that I obtained the concurrence of Andrew Crocker, counsel
for the Plaintiff, Electronic Frontier Foundation, in the filing of this document.
_/s/ Julia A. Berman______
JULIA A. BERMAN
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, N.W.
Washington, D.C. 20001

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STATUS REPORT AND STIPULATED REQUEST TO SET A BRIEFING SCHEDULE
Case No.: 14-cv-03010-RS

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PURSUANT TO STIPULATION, it is hereby ORDERED that:

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a. On or before October 30, 2015, defendants will file their motion for summary
judgment.
b. On or before December 4, 2015, plaintiff will file its combined cross-motion for
summary judgment and opposition to defendants’ motion.

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c. On or before January 8, 2016, defendants will file their combined opposition to
plaintiff’s motion and reply in support of their motion.

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d. On or before January 22, 2016, plaintiff will file its reply in support of its motion

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IT IS SO ORDERED.

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9/29/15
Dated: ___________________

_______________________________
HON. RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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STATUS REPORT AND STIPULATED REQUEST TO SET A BRIEFING SCHEDULE
Case No.: 14-cv-03010-RS