Stein v. United States Department of Commerce

Filing 32

STIPULATION AND ORDER re 31 STIPULATION WITH PROPOSED ORDER TO VACATE BRIEFING SCHEDULE AND STAY PROCEEDINGS TO ALLOW TIME TO NEGOTIATE RESOLUTION OF PLAINTIFF'S REQUEST FOR ATTORNEYS FEES AND COSTS filed by United States Department of Commerce. Further Case Management Conference set for 7/20/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on June 7, 2016. (wsn, COURT STAFF) (Filed on 6/7/2016)

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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 4 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-7022 FAX: (415) 436-6748 5 6 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 (541) 556-6439 11 (Admitted pro hac vice) 12 RACHEL S. DOUGHTY (California Bar. No. 255904) Greenfire Law 13 1202 Oregon Street Berkeley, CA 94702 14 (828) 424-2005 15 Attorneys for Plaintiffs 16 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA 19 SAN FRANCISCO DIVISION 20 21 22 23 24 25 ALAN STEIN, Plaintiff, v. UNITED STATES DEPARTMENT OF COMMERCE, Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 15-03510 JST JOINT STIPULATION AND [PROPOSED] ORDER TO VACATE BRIEFING SCHEDULE AND STAY PROCEEDINGS TO ALLOW TIME TO NEGOTIATE RESOLUTION OF PLAINTIFF’s REQUEST FOR ATTORNEY’S FEES AND COSTS 26 27 28 STIPULATION TO VACATE BRIEFING SCHEDULE AND STAY PROCEEDINGS 15-03510 JST 1 Pursuant to Local Rule 6-2(a), Plaintiff Alan Stein (“Plaintiff”) and Defendant United States 2 Department of Commerce (“Defendant”) hereby stipulate and agree, subject to the approval of the 3 Court, that: 4 1. On August 2, 2015, Plaintiff filed an Amended Complaint for Declaratory and Injunctive 5 Relief under the Freedom of Information Act (“FOIA”) that identifies 12 FOIA Requests that are the 6 subject of this litigation (“Complaint”). Dkt. No. 8. 7 2. Defendant has completed its production of documents responsive to the 12 FOIA 8 Requests that are the subject of this litigation, to the extent such documents exist. 9 3. On October 1, 2015, pursuant to stipulation by the parties, this Court stayed this action 10 and continued the Case Management Conference originally scheduled for November 10, to December 11 16, 2015. Dkt. No. 19. 12 4. On December 1, 2015, this Court issued an Order pursuant to the Initial Case 13 Management Statement filed by the parties continuing the Case Management Conference scheduled for 14 December 16, 2015 to February 10, 2016, and continuing the stay of this action until February 10, 2016. 15 Dkt. No. 21. 16 5. On February 10, 2016, this Court issued a Scheduling Order requiring the parties to file 17 dispositive motions by May 27, 2016, and setting trial for September 12, 2016. Dkt. No. 25. 18 6. On April 19, 2016, pursuant to the request of the parties (Dkt. No. 28), this Court 19 modified the case deadlines by issuing a Scheduling Order that set out a briefing schedule for the 20 parties’ anticipated cross-motions for summary judgment. Dkt. No. 30. 21 7. After an extensive meet and confer process, Plaintiff has decided not to further challenge 22 the sufficiency of Defendant’s search for responsive documents, or Defendant’s redactions and 23 withholdings pursuant to certain FOIA statutory exemptions. 24 8. Accordingly, as no further issues exist between the parties that would require this Court 25 to consider and rule on cross-motions for summary judgment, the parties stipulate and request that this 26 Court vacate the briefing schedule set out in this Court’s April 19, 2016 Scheduling Order, set a Case 27 Management Conference for July 20, 2016 at 2:00 pm, and stay the case until July 20, 2016 to allow 28 time for the parties to negotiate a resolution of the only remaining issue in this matter regarding STIPULATION TO VACATE BRIEFING SCHEDULE AND STAY PROCEEDINGS 15-03510 JST 1 Plaintiff’s request for attorney’s fees and costs. The parties will submit a Joint Supplemental Case 2 Management Statement seven (7) days before the Case Management Conference. DATED: June 3, 2016 6 7 DATED: June 3, 2016 8 9 DATED: June 3, 2016 10 By: /s/ David Bahr DAVID BAHR Attorney for Plaintiff By: /s/ Rachel Doughty RACHEL DOUGHTY Attorney for Plaintiff BRIAN J. STRETCH United States Attorney By: /s/ Rebecca A. Falk REBECCA A. FALK1 Assistant United States Attorney 12 13 S DATED:June 7, 2016 16 17 UNIT ED 15 ISTRIC ES D TC T TA _____________________________________________ ED HONORABLE JON S. TIGAR ORDER O IT IS S UNITED STATES DISTRICT COURT JUDGE NO 18 RT 19 RT U O 14 IT IS SO ORDERED. n S. J u d ge J o ER H 20 21 R NIA 11 Ti ga r FO 5 LI 4 IT IS SO STIPULATED. A 3 N F D IS T IC T O R C 22 23 24 25 26 27 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 VACATE BRIEFING SCHEDULE AND STAY PROCEEDINGS 15-03510 JST

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