Electronic Frontier Foundation v. National Security Agency et al

Filing 47

STIPULATION AND ORDER RE 46 TO EXTEND DEADLINE FOR PARTIES TO REPORT TO THE COURT WHETHER THEY HAVE REACHED AN AGREEMENT ON THE ISSUE OF ATTORNEYS' FEES AND COSTS. Signed by Judge Richard Seeborg on 5/10/16. (cl, COURT STAFF) (Filed on 5/10/2016)

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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 DEADLINE
FOR PARTIES TO REPORT TO THE
COURT WHETHER THEY HAVE
REACHED AN AGREEMENT
ON THE ISSUE OF ATTORNEYS’
FEES AND COSTS
Hon. Richard Seeborg

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STIPULATION AND [PROPOSED ORDER] TO EXTEND DEADLINE FOR PARTIES TO REPORT TO THE
COURT WHETHER THEY HAVE REACHED AN AGREEMENT ON THE ISSUE OF ATTORNEYS’ FEES
AND COSTS

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 the Court extend the deadline from May 6 to June

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6, 2016 for the parties to report to the Court regarding whether they have reached agreement or

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whether the plaintiff’s claim for costs and attorneys’ fees will be presented to the Court for

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consideration.

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The parties provide the following bases in support of their request:

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1. On March 17, 2016, the Court granted the Government’s motion for summary judgment

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and denied Plaintiff’s cross-motion for summary judgment. See Order Re: Cross
Motions for Summary Judgment (ECF No. 41) (“Order”);
2. The Court ordered that the Government submit a proposed final judgment, see Order at
5, which it did on April 7, 2016. See [Proposed] Final Judgment (ECF No. 43-1);

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3. The Court entered final judgment on April 7, 2016. See Final Judgment (ECF No. 45);

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4. In that Final Judgment, the Court ordered that, by May 6, 2016, the parties must submit

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a report stating “whether the parties have reached agreement or whether the plaintiff’s

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claim” for attorneys’ fees and costs “will be presented to the Court for consideration.”

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Final Judgment at 1;

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5. Since that time the parties have been engaged in good faith discussions regarding
attorneys’ fees and costs in an effort to resolve this issue without motions practice;
6. Due to a variety of competing priorities, particularly for the Government, those
discussions are not yet complete;

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7. The parties request that the deadline for the parties to report to the Court on this issue be

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extended from May 6 to June 6, 2016, to allow for these discussions to be completed.

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STIPULATION AND [PROPOSED ORDER] TO EXTEND DEADLINE FOR PARTIES TO REPORT TO THE
COURT WHETHER THEY HAVE REACHED AN AGREEMENT ON THE ISSUE OF ATTORNEYS’ FEES
AND COSTS

Case No.: 14-cv-03010-RS

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DATED: May 6, 2016

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., Room 7320
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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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 DEADLINE FOR PARTIES TO REPORT TO THE
COURT WHETHER THEY HAVE REACHED AN AGREEMENT ON THE ISSUE OF ATTORNEYS’ FEES
AND COSTS

Case No.: 14-cv-03010-RS

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PURSUANT TO STIPULATION, it is hereby ORDERED that
1. The current deadline of May 6 for the parties to report to the Court about whether they

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have resolved the issue of attorneys’ fees and costs be extended to June 6, 2016.

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2. The parties will report to the Court on or before June 6, 2016, regarding whether the

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parties have reached agreement on this issue or whether the plaintiff’s claim will be

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presented to the Court for consideration.

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AND IT IS SO ORDERED.

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Dated: ___________________
5/10/16

_______________________________
HON. RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED ORDER] TO EXTEND DEADLINE FOR PARTIES TO REPORT TO THE
COURT WHETHER THEY HAVE REACHED AN AGREEMENT ON THE ISSUE OF ATTORNEYS’ FEES
AND COSTS

Case No.: 14-cv-03010-RS