Electronic Frontier Foundation v. National Security Agency et al

Filing 36

STIPULATION AND ORDER TO EXTEND BY FOUR BUSINESS DAYS DEFENDANTS' DEADLINE TO FILE THEIR REPLY IN SUPPORT OF THEIR SUMMARY JUDGMENT MOTION AND THEIR OPPOSITION TO PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT. Signed by Judge Richard Seeborg on 1/7/16. (cl, COURT STAFF) (Filed on 1/7/2016)

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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
Senior Counsel
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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Case No.: 14-cv-03010-RS
STIPULATION AND [PROPOSED
ORDER] TO EXTEND BY FOUR
BUSINESS DAYS DEFENDANTS’
DEADLINE TO FILE THEIR REPLY
IN SUPPORT OF THEIR SUMMARY
JUDGMENT MOTION AND THEIR
OPPOSITION TO PLAINTIFF’S
CROSS-MOTION FOR SUMMARY
JUDGMENT
Hon. Richard Seeborg

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STIPULATION AND [PROPOSED ORDER] TO EXTEND BY FOUR BUSINESS DAYS DEFENDANTS’
DEADLINE TO FILE THEIR REPLY IN SUPPORT OF THEIR SUMMARY JUDGMENT MOTION AND
THEIR OPPOSITION TO PLAINTIFF’S CROSS-MOTION FOR SUMMARY JUDGMENT
Case No.: 14-cv-03010-RS

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Pursuant to Rule 6(b)(1) of the Federal Rules of Civil Procedure and Local Civil Rule 6-2,
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Defendants request and the parties, by and through undersigned counsel, have conferred and
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hereby stipulate to and respectfully request that (1) the Court extend the deadline by four business
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days to January 14 for Defendants to file their combined opposition to plaintiff’s cross-motion for
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summary judgment and their reply in support of their motion for summary judgment; (2) the Court
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correspondingly extend by four business days to January 28 the deadline for Plaintiff’s reply in
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support of its cross-motion for summary judgment; and (3) that the Court retain the February 18,
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2016 hearing on these motions as currently calendared.
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Defendants provide the following bases in support of their request:
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1.

On September 25, 2015, the parties submitted a stipulated request to set a briefing

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schedule for filing cross-motions for summary judgment. See ECF No. 30.
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2.

Thereafter, the Court adopted the parties’ proposed schedule and set the following

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dates for briefing:
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a.

On or before October 30, 2015, defendants will file their motion for

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summary judgment.
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b.

On or before December 4, 2015, plaintiff will file its combined cross-motion

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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

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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

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motion.
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See ECF No. 31.
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3.

Pursuant to this briefing schedule, Defendants filed their summary judgment motion

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on October 30, and Plaintiff filed its cross-motion for summary judgment and opposition to
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Defendants’ motion on December 4, 2015. See ECF Nos. 32, 34.
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STIPULATION AND [PROPOSED ORDER] TO EXTEND BY FOUR BUSINESS DAYS DEFENDANTS’
DEADLINE TO FILE THEIR REPLY IN SUPPORT OF THEIR SUMMARY JUDGMENT MOTION AND
THEIR OPPOSITION TO PLAINTIFF’S CROSS-MOTION FOR SUMMARY JUDGMENT
Case No.: 14-cv-03010-RS

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4.

Defendants need a four business-day extension of their current deadline from

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January 8 to January 14 to complete their combined opposition to plaintiff’s motion and reply in

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support of their motion. Specifically, Defendants need this additional time to allow the equity

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holders in the document at issue to consider the extent to which redactions in the document may be

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lifted. That process was hampered by the unavailability of various officials during the recent

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holiday period and made more difficult by the undersigned counsel’s work on several other briefs

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in other cases in December and in early January.

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5.

Defendants also seek a concomitant four business-day extension for Plaintiff’s

current deadline for its reply in support of its motion for summary judgment from January 22 to
January 28.
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Both parties request that the hearing date for these cross-motions remain on

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February 18, 2016.

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DATED: January 6, 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/ Rodney Patton
RODNEY PATTON
JULIA A. BERMAN

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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 Defendant

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STIPULATION AND [PROPOSED ORDER] TO EXTEND BY FOUR BUSINESS DAYS DEFENDANTS’
DEADLINE TO FILE THEIR REPLY IN SUPPORT OF THEIR SUMMARY JUDGMENT MOTION AND
THEIR OPPOSITION TO PLAINTIFF’S CROSS-MOTION FOR SUMMARY JUDGMENT
Case No.: 14-cv-03010-RS

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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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ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)
I, Rodney Patton, hereby attest that I obtained the concurrence of Andrew Crocker, counsel
for the Plaintiff, Electronic Frontier Foundation, in the filing of this document.

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/s/ Rodney Patton
RODNEY PATTON
Senior Counsel
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, N.W.
Washington, D.C. 20001

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STIPULATION AND [PROPOSED ORDER] TO EXTEND BY FOUR BUSINESS DAYS DEFENDANTS’
DEADLINE TO FILE THEIR REPLY IN SUPPORT OF THEIR SUMMARY JUDGMENT MOTION AND
THEIR OPPOSITION TO PLAINTIFF’S CROSS-MOTION FOR SUMMARY JUDGMENT
Case No.: 14-cv-03010-RS

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PURSUANT TO STIPULATION, it is hereby ORDERED that
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1. The current deadline of January 8 for Defendants to file their combined opposition to
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Plaintiff’s motion and reply in support of their motion is hereby extended by four
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business days and is now due on January 14, 2016.
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2. The current deadline of January 22 for Plaintiff to file its reply in support of its motion
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for summary judgment is hereby extended by four business days to January 28, 2016.
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3. The current hearing date for these cross-motions remains as currently scheduled on
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February 18, 2016.
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AND IT IS SO ORDERED.
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Dated: ___________________
1/7/16

_______________________________
HON. RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED ORDER] TO EXTEND BY FOUR BUSINESS DAYS DEFENDANTS’
DEADLINE TO FILE THEIR REPLY IN SUPPORT OF THEIR SUMMARY JUDGMENT MOTION AND
THEIR OPPOSITION TO PLAINTIFF’S CROSS-MOTION FOR SUMMARY JUDGMENT
Case No.: 14-cv-03010-RS