Electronic Frontier Foundation v. Department of Justice

Filing 17

CASE MANAGEMENT ORDER:Defendant's Summary Judgment Motion due by 2/18/2016 Plaintiff's Cross Motion due by 3/17/2016 Motion Hearing set for 5/5/2016 Signed by Judge Maria-Elena James on 9/29/2015. (cdnS, COURT STAFF) (Filed on 9/29/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ELECTRONIC FRONTIER
FOUNDATION,
Plaintiff,

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United States District Court
Northern District of California

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v.

Case No. 15-cv-03186-MEJ
ORDER VACATING CMC
CASE MANAGEMENT ORDER

DEPARTMENT OF JUSTICE,
Defendant.

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Pursuant to Federal Rule of Civil Procedure 16, the Court issues the following Case

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Management Order. Failure to comply with this Order is cause for sanctions under Rule 16(f).

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The October 8, 2015 Case Management Conference is VACATED. All questions should be

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directed to Rose Maher, Courtroom Deputy, at [phone].

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SUMMARY OF CASE MANAGEMENT DEADLINES

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Defendant’s draft Vaughn index due

12/10/2015

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Defendant’s MSJ, final Vaughn index, and

2/18/2016

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supporting declarations due

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Plaintiff’s Opposition/Cross MSJ and

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supporting declarations due

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Defendant’s Opposition/Reply due

4/7/2016

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Plaintiff’s Reply due

4/21/2016

MSJ Hearing

5/5/2016 at 10:00 a.m.

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3/17/2016

PRETRIAL INSTRUCTIONS

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A.

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unable to informally resolve this case, the Court may consider such a referral at a later date.

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B.

Discovery: No discovery shall be conducted without leave of Court.

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C.

Summary Judgment Motions: All pretrial motions shall be filed in accordance with Civil

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Local Rule 7. The Court shall hear dispositive motions on May 5, 2016 at 10:00 a.m. in

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Courtroom B, located on the 15th Floor of the Federal Building, 450 Golden Gate Avenue, San

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Francisco, California.

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United States District Court
Northern District of California

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ADR: As requested, there shall be no ADR referral at this time. However, if the parties are

All summary judgment motions shall comply with the following requirements for
statements of facts:
(1) Separate Statement of Facts: Any party filing a motion for
summary judgment must file a statement, separate from the motion
and memorandum of law, setting forth each material fact on which
the party relies in support of the motion. Each material fact in the
separate statement must be set forth in a separately numbered
paragraph and must refer to a specific admissible portion of the
record where the fact finds support (for example, affidavit,
deposition, discovery response, etc.). A failure to submit a separate
statement of facts in this form may constitute grounds for denial of
the motion.
(2) Controverting Statement of Facts: Any party opposing a motion
for summary judgment must file a statement, separate from that
party’s memorandum of law, setting forth: (a) for each paragraph of
the moving party’s separate statement of facts, a correspondingly
numbered paragraph indicating whether the party disputes the
statement of fact set forth in that paragraph and a reference to the
specific admissible portion of the record supporting the party’s
position if the fact is disputed; and (b) any additional facts that
establish a genuine issue of material fact or otherwise preclude
judgment in favor of the moving party. Each additional fact must be
set forth in a separately numbered paragraph and must refer to a
specific admissible portion of the record where the fact finds
support.

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(3) Reply Statement of Facts: If the party opposing summary
judgment sets forth additional facts, the moving party shall file a
statement, separate from the reply brief, with correspondingly
numbered paragraphs indicating whether the party admits or
disputes the statement of fact set forth in that paragraph and, if
disputed, a reference to the specific admissible portion of the record
supporting the party’s position. Facts that are not already included
in the motion and/or opposition are not permitted.

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(4) Alternative Procedure: As an alternative to filing a statement of

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facts and controverting statement of facts, the movant and the party
opposing the motion may jointly file a stipulation signed by the
parties setting forth a statement of the stipulated facts and the
following statement: “The parties agree there is no genuine issue of
any material fact.” As to any stipulated facts, the parties so
stipulating may state that their stipulations are entered into only for
the purpose of the motion for summary judgment and are not
intended to be otherwise binding.
IT IS SO ORDERED.

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Dated: September 29, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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