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)

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: [phone]
FAX: [phone]
[e-mail]

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 [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]
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