Freedom of the Press Foundation v. United States Department of Justice

Filing 26

ORDER by Judge Haywood S. Gilliam, Jr. Granting 25 Stipulation Concerning Briefing Schedule. (ndrS, COURT STAFF) (Filed on 1/21/2016)

1

8

BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
MARCIA BERMAN
Assistant Branch Director
ANDREW M. BERNIE, D.C. Bar No. 995376
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue NW
Washington, D.C. 20530
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

9

Attorneys for Defendant

2
3
4
5
6
7

10
11

UNITED STATES DISTRICT COURT

12

FOR THE NORTHERN DISTRICT OF CALIFORNIA

13

SAN FRANCISCO DIVISION

14

FREEDOM OF THE PRESS FOUNDATION,

15
16
17
18
19
20

Plaintiff,
v.
UNITED STATES DEPARTMENT OF
JUSTICE,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 15-cv-03503-HSG
STIPULATION CONCERNING
BRIEFING SCHEDULE AND
ORDER

21
22
23
24
25
26
27
28
STIPULATION CONCERNING BRIEFING SCHEDULE AND [PROPOSED] ORDER
CASE NO. 15-CV-03503-HSG

1

Pursuant to Local Rule 7-12, and this Court’s January 20, 2016 order in the above-

2

captioned case, Plaintiff Freedom of the Press Foundation (“FPF”) and Defendant Department of

3

Justice (“DOJ” or “Defendant”) hereby stipulate and agree as follows:

4
1.

On January 19, 2016, this Court held a Case Management Conference in this case.

2.

After that Case Management Conference, this Court entered an order directing

5
6
7

Defendant to prepare a draft Vaughn index explaining and justifying its withholding of records in

8

response to FPF’s Freedom of Information Act (“FOIA”) request under applicable FOIA

9

exemptions, and to exchange that index with FPF on or before March 21, 2016. See Doc. 24. This

10

Court further directed the parties to meet and confer regarding a proposed briefing schedule in this

11

case, and to submit a stipulation and proposed order. Id.

12
13
14
15

3.

Accordingly, the parties have agreed to, and request that the Court approve, the

below schedule in this case:
a. On or before March 30, 2016, FPF shall inform Defendant whether it believes

16

motions practice will be necessary and, if so, the specific withholdings it intends to

17

challenge.

18
19

b. On or before April 1, 2016, the parties shall file a Joint Case Management Statement
informing the Court as to whether motions practice will be necessary.

20
21
22

c. If motions practice is deemed necessary by the parties, then the following briefing
schedule will apply:

23

i. May 9, 2016 for Defendant’s motion for summary judgment.

24

ii. June 10, 2016 for FPF’s opposition to Defendant’s motion, and any cross-

25
26

motion for summary judgment by FPF.
iii. July 1, 2016 for Defendant’s reply in support of Defendant’s motion for

27
28

STIPULATION CONCERNING BRIEFING SCHEDULE AND [PROPOSED] ORDER
CASE NO. 15-CV-03503-HSG

1

summary judgment and opposition to FPF’s cross-motion if a cross-motion

2

is filed.

3

iv. July 25, 2016 for FPF’s reply in support of FPF’s cross-motion if a cross-

4
motion is filed.
5
6
7

4.

Accordingly, the parties respectfully request that the Court order the proposed

schedule set forth above.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIPULATION CONCERNING BRIEFING SCHEDULE AND [PROPOSED] ORDER
CASE NO. 15-CV-03503-HSG

1

DATED: January 21, 2016

Respectfully submitted,

2
3
4
5
6
7
8
9
10
11
12

/s/
Marcia Hofmann
Law Office of Marcia Hofmann
25 Taylor Street
San Francisco, CA 94102
Telephone: [phone]
D. Victoria Baranetsky (pro hac vice)
601 Van Ness Ave.
Suite E731
San Francisco, CA 94102
Telephone: [phone]
ATTORNEYS FOR PLAINTIFF
FREEDOM OF THE PRESS FOUNDATION

BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
MARCIA BERMAN
Assistant Director, Federal Programs Branch
/s/
ANDREW M. BERNIE (D.C. Bar #995376)
Trial Attorney
U.S. Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., N.W.
Washington, D.C. 20530
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
ATTORNEYS FOR DEFENDANT
DEPARTMENT OF JUSTICE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIPULATION CONCERNING BRIEFING SCHEDULE AND [PROPOSED] ORDER
CASE NO. 15-CV-03503-HSG

1

ORDER

2

Upon stipulation of the parties, the Court hereby orders the following schedule in this

3

matter:

4
a. On or before March 30, 2016, FPF shall inform Defendant whether it believes
5
6
7
8
9
10
11

motions practice will be necessary and, if so, the specific withholdings it intends to
challenge.
b. On or before April 1, 2016, the parties shall file a Joint Case Management Statement
informing the Court as to whether motions practice will be necessary.
c. If motions practice is deemed necessary by the parties, then the following briefing
schedule will apply:

12
i. May 9, 2016 for Defendant’s motion for summary judgment.
13
ii. June 10, 2016 for FPF’s opposition to Defendant’s motion, and any cross-

14

motion for summary judgment by FPF.

15
16

iii. July 1, 2016 for Defendant’s reply in support of Defendant’s motion for

17

summary judgment and opposition to FPF’s cross-motion if a cross-motion

18

is filed.

19

iv. July 25, 2016 for FPF’s reply in support of FPF’s cross-motion if a cross-

20
motion is filed.

21
22

PURSUANT TO STIPULATION, IT IS SO ORDERED except that the hearing on the motion will

23

be on August 11, 2016 at 2:00 p.m.

24

Date: 1/21/2016

25
26

________________________________
HON. HAYWOOD S. GILLIAM JR,
United States District Judge

27
28

STIPULATION CONCERNING BRIEFING SCHEDULE AND [PROPOSED] ORDER
CASE NO. 15-CV-03503-HSG

1
2
3
4
5
6

DECLARATION PURSUANT TO CIV. L.R. 5-1(i)(3)
I, Andrew M. Bernie, declare that I have obtained the concurrence in the filing of this
Stipulation Concerning Briefing Schedule and [Proposed] Order from Marcia Hofman and Victoria
Baranetsky, counsel for Plaintiff in this matter.
I declare under penalty of perjury that the foregoing is true and correct.

7
Executed on January 21, 2016 in Washington, D.C.
8
9
10
11
12
13
14
15

/s/
ANDREW M. BERNIE (D.C. Bar #995376)
Trial Attorney
U.S. Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., N.W.
Washington, D.C. 20530
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
COUNSEL FOR DEFENDANT

16
17
18
19
20
21
22
23
24
25
26
27
28

STIPULATION CONCERNING BRIEFING SCHEDULE AND [PROPOSED] ORDER
CASE NO. 15-CV-03503-HSG