Stein v. United States Department of Commerce

Filing 19

STIPULATION AND ORDER re 18 STIPULATION WITH PROPOSED ORDER TO STAY PROCEEDINGS filed by United States Department of Commerce. Case Management Statement due by 12/2/2015. Initial Case Management Conference set for 12/16/2015 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on October 1, 2015. (wsn, COURT STAFF) (Filed on 10/1/2015)

BRIAN J. STRETCH (CABN 163973)
1 Acting United States Attorney
ALEX G. TSE (CABN 152348)
2 Chief, Civil Division
REBECCA A. FALK (CSBN 226798)
3 Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
FAX: [phone]
[e-mail]

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7 Attorneys for Federal Defendant
8 DAVID A. BAHR (Oregon Bar No. 90199)
Bahr Law Offices, P.C.
9 1035 ½ Monroe Street
Eugene, OR 97402
10 [phone]
[e-mail]
11 (Admitted pro hac vice)
12 RACHEL S. DOUGHTY (California Bar. No. 255904)
Greenfire Law
13 1202 Oregon Street
Berkeley, CA 94702
14 [phone]
[e-mail]
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Attorneys for Plaintiffs
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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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ALAN STEIN,
Plaintiff,
v.
UNITED STATES DEPARTMENT OF
COMMERCE,
Defendant.

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STIPULATION TO STAY PROCEEDINGS
15-03510 JST

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) CASE NO. 15-03510 JST
)
) JOINT STIPULATION AND [PROPOSED] ORDER
) TO STAY PROCEEDINGS
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Pursuant to Local Rule 6-2(a), Plaintiff Alan Stein (“Plaintiff”) and Defendant United States

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2 Department of Commerce (“Defendant”) hereby stipulate and agree, subject to the approval of the
3 Court, that:
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1.

Plaintiff’s Complaint identifies 12 FOIA Requests that are the subject of this litigation.

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2.

Defendant has completed its response with respect to Plaintiff’s FOIA Requests bearing

6 the tracking numbers: DOC-NOAA-2015-000597, DOC-NOAA-2015-000693; DOC-NOAA-20157 000694; DOC-OIG-2015-000716 and DOC-OIG-2015-000753. Plaintiff will determine if he believes
8 there are any remaining issues with such responses and will meet and confer with Defendant regarding
9 same.
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3.

Based on the information available to date, Defendant will make its best efforts to

11 complete its response to Plaintiff’s FOIA Requests bearing the tracking numbers DOC-NOAA-201512 000595, DOC-NOAA-2015-000596, DOC-NOAA-2015-000 606 and DOC-NOAA-2015-000747 by
13 October 22, 2015.
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4.

Based on the information available to date, Defendant intends to determine by October

15 22, 2015 if it has documents responsive to Plaintiff’s FOIA request bearing the tracking number DOC16 NOAA-2015-000144, after which time, if applicable, Defendant will provide a release date for such
17 documents.
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5.

Based on the information available to date, Defendant will make its best efforts to make

19 an initial production in response to Plaintiff’s FOIA Request bearing the tracking number DOC-NOAA20 2013-000138, likely to be followed by additional rolling productions at a later date, and to complete its
21 response to Plaintiff’s FOIA Request bearing the tracking number DOC-NOAA-2013-000139 by
22 November 23, 2015.
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6.

For any response to Plaintiff’s FOIA Requests for which Defendant has not completed its

24 response by November 23, 2015, Defendant shall release responsive documents in a phased process as
25 expeditiously as possible as Defendant completes its review, and that the parties anticipate the rate of
26 release will approximate 2,500 pages every four weeks thereafter until the process is complete.
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7.

The parties stipulate and request that the Case Management Conference currently

28 scheduled for November 10, 2015 be continued to December 15, 2015 or any date thereafter that is
STIPULATION TO STAY PROCEEDINGS
15-03510 JST

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1 convenient for the Court, with a Case Management Statement to be filed seven days before the
2 continued Case Management Conference.
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8.

To allow time for Defendant to complete its responses to Plaintiff’s FOIA Requests as

4 stated above and for the parties to resolve as many issues in this matter as possible between themselves,
5 the parties stipulate and request that this matter be stayed through the date of the continued Case
6 Management Conference.
7

9.

The deadline for Defendant’s response to Plaintiff’s Complaint, which by earlier

8 stipulation between the parties was extended to October 5, 2015, shall also be stayed, and the parties
9 further agree and stipulate that they will confer and propose to the Court a schedule for Defendant’s
10 response to either Plaintiff’s Complaint or any Amended Complaint that Plaintiff seeks leave to file.
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IT IS SO STIPULATED.
DATED: September 29, 2015

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14 DATED: September 29, 2015
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16 DATED: September 29 2015
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By:
/s/ David Bahr
DAVID BAHR
Attorney for Plaintiff
By:
/s/ Rachel Doughty
RACHEL DOUGHTY
Attorney for Plaintiff
BRIAN J. STRETCH
Acting United States Attorney
By:
/s/ Rebecca A. Falk
REBECCA A. FALK1
Assistant United States Attorney

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[PROPOSED] ORDER
Pursuant to the stipulation by the parties, and good cause having been shown, it is hereby ordered
that this matter is stayed, including Defendant’s response to Plaintiff’s Complaint. The Case

24 Management Conference originally scheduled for November 10, 2015 is continued to December 16,
25 2015 at 2:00 PM. The parties shall file a Case Management Statement on or before December 2, 2015.
26 This matter shall be stayed until the date of the Case Management Conference.
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1

I, Rebecca A. Falk, hereby attest, in accordance with the Civil L.R. 5(i)(3), the concurrence in
28 the filing of this document has been obtained from the other signatory listed here.
STIPULATION TO STAY PROCEEDINGS
15-03510 JST

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1

It is further ordered that for any response to Plaintiff’s FOIA Requests for which Defendant has

2 not completed its response by November 23, 2015, Defendant shall continue to release all documents
3 responsive to Plaintiff 's FOIA request in a phased process as expeditiously as possible as Defendant
4 completes its review at a rate of release no less than 2,500 pages every four weeks thereafter until the

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STIPULATION TO STAY PROCEEDINGS
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_____________________________________________
Ti ga r
HONORABLE JONdS.eTIGAR.
g Jon S
Ju
UNITED STATES DISTRICT COURT JUDGE

FO

DATED:October 1, 2015

NO

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APPRO

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8 IT IS SO ORDERED.

UNIT
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5 process is complete.

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