K.H. v. Secretary of the Department of Homeland Security

Filing 58

STIPULATION AND ORDER re 57 STIPULATION WITH PROPOSED ORDER Re Case Schedule filed by Secretary of the Department of Homeland Security. Deadline for Dispositive Motion Depositions 12/26/2016. Filing Deadline for Defendant's S ummary Judgment Motion due 2/3/2017. Filing Deadline for Plaintiffs Opposition to Defendant's Summary Judgment Motion 3/3/2017. Filing Deadline for Defendant's Reply in Support of Summary Judgment Motion 3/29/2017. Motion Hearing set for 4/20/2017 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Plaintiffs' Expert Disclosures due 9/6/2017. Defendant's Expert Disclosures due 11/17/2017. Signed by Judge Jon S. Tigar on August 16, 2016. (wsn, COURT STAFF) (Filed on 8/16/2016)

1 BRIAN J. STRETCH (CABN 163973)
United States Attorney
2 SARA WINSLOW (DCBN 457643)
Chief, Civil Division
3 WENDY M. GARBERS (CABN 213208)
Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
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Telephone: [phone]
FAX: [phone]
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[e-mail]
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Attorneys for Defendant SECRETARY OF
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SECURITY
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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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K. H., C.V., W.L., J.M., JEFFREY BOYER,
BRIAN PIEROG, DONNA BAXTER,
RICHARD DEVIVO, and GARY
MCCONAGHY, on behalf of themselves and
those similarly situated,

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Plaintiffs,
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v.
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THE SECRETARY OF THE DEPARTMENT )
OF HOMELAND SECURITY,
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Defendant.
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Case No. 15-cv-02740 JST
STIPULATION AND [PROPOSED] ORDER
REGARDING CASE SCHEDULE
The Honorable Jon S. Tigar

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The parties respectfully request a three-week extension of the current case deadlines. (ECF 42.)

23 The parties have been working diligently to move this case along. Since the last conference with the Court:
24 both sides have propounded and responded to additional, written discovery; defendants have produced over
25 12,000 pages of documents; 5 depositions have been taken (3 Federal Air Marshals, and 2 management
26 representatives); the class list has been compiled and, on August 5, 2016, class notice was mailed out.
27 Notwithstanding these efforts, some unanticipated delay has occurred with respect to plaintiff’s retention of
28 an expert and the process of getting the expert’s background checked and Transportation Security
STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE
NO. 15-CV-02740 JST

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1 Administration clearance to receive Sensitive Security Information. Accordingly, plaintiffs need an
2 additional three weeks to prepare their expert report. Defendant has no objection to a three-week extension,
3 provided that all related case deadlines move in tandem. The parties thus respectfully request that the Court
4 re-set the current case deadlines as follows:
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SCHEDULE EVENT

CURRENT DATE

NEW DATE

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Plaintiffs’ Expert Disclosures
(FRCP 26(a)(2))

August 15, 2016

September 6, 2017

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Defendant’s Expert Disclosures
(FRCP 26(a)(2))

October 17, 2016

November 7, 2017

Deadline for Dispositive Motion
Depositions

December 2, 2016

December 23, 2016

Filing Deadline for Defendant’s
Summary Judgment Motion (under
seal, redacted version filed within
30 days)1

January 13, 2017

February 3, 2017

Filing Deadline for Plaintiff’s
Opposition to Defendant’s
Summary Judgment Motion (under
seal, redacted version filed within
30 days)

February 10, 2017

March 3, 2017

Filing Deadline for Defendant’s
Reply in Support of Summary
Judgment Motion (under seal,
redacted version filed within 30
days)

March 8, 2017

March 29, 2017

Hearing on Defendant’s Summary
Judgment Motion

March 30, 2017 at 2:00 p.m.

April 20, 2017 at 2:00 p.m.

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Many of the documents regarding the Federal Air Marshal Service’s operations contain
Sensitive Security Information (“SSI”), as defined by federal regulation, 49 C.F.R. § 1520.5. TSA has a
26 SSI Program Office that reviews court filings for SSI redaction. See generally 49 C.F.R. § 1520.5.
Otherwise, “records containing SSI are not available for public inspection or copying.” 49 C.F.R.
27 § 1520.15. In order to protect this SSI, the parties request that they initially be permitted to file their
class certification briefing under seal. Both sides’ briefs will then be reviewed by the SSI Program
28 Office for redactions, and publicly-available versions filed within 30 days.
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STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE
NO. 15-CV-02740 JST

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1 DATED: August 15, 2016

Respectfully submitted,

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BRIAN J. STRETCH
United States Attorney

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/s/ Wendy M. Garbers
WENDY M. GARBERS
Assistant United States Attorney
Attorneys for Defendant

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DATED: August 15, 2016

MORRIS POLICH & PURDY LLP

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/s/ Nicholas M. Wieczorek *
NICHOLAS M. WIECZOREK
Attorneys for Plaintiff

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*In compliance with Civil Local Rule 5-1(i)(3), the filer of this document attests under penalty of perjury
11 that all filers have concurred in the filing of this document.
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[PROPOSED] ORDER

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Pursuant to the parties’ stipulation, IT IS SO ORDERED.

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16 Dated: August 16, 2016
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THE HONORABLE JON S. TIGAR

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STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE
NO. 15-CV-02740 JST

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