Stein v. United States Department of Commerce

Filing 36

STIPULATION AND ORDER re 35 STIPULATION WITH PROPOSED ORDER TO CONTINUE CMC filed by United States Department of Commerce. Case Management Statement due by 8/24/2016. Further Case Management Conference set for 8/31/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on July 5, 2016. (wsn, COURT STAFF) (Filed on 7/5/2016)

BRIAN J. STRETCH (CABN 163973)
1 United States Attorney
SARA WINSLOW (DCBN 457643)
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]

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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]
15
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,

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v.
UNITED STATES DEPARTMENT OF
COMMERCE,
Defendant.

) CASE NO. 15-03510 JST
)
) STIPULATION AND [PROPOSED] ORDER TO
) CONTINUE CMC
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)

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC
15-03510 JST

1

Subject to the approval of the Court and pursuant to Local Rule 6-2(a), Plaintiff Alan Stein

2 (“Plaintiff”) and Defendant United States Department of Commerce (“Defendant”) hereby stipulate and
3 agree as follows:
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.
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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.
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7.

After an extensive meet and confer process, Plaintiff decided not to further challenge the

22 sufficiency of Defendant’s search for responsive documents, or Defendant’s redactions and withholdings
23 pursuant to certain FOIA statutory exemptions. On June 7, 2016, pursuant to the parties’ stipulation,
24 this Court vacated the briefing schedule in the above-captioned action and set a Case Management
25 Conference for July 20, 2016 to allow the parties time to discuss resolution of the only remaining issue
26 in this matter regarding Plaintiff’s request for attorney’s fees and costs.
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8.

Since that time, the parties have engaged in a substantial meet and confer and exchanged

28 settlement offers. The parties request that this Court continue the Case Management Conference set for
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC
15-03510 JST

1 July 20, 2016 at 2:00 pm to August 31, 2016 at 2:00 pm, and stay the case until August 31, 2016 to
2 allow time for the parties to complete their negotiations. The parties will submit a Joint Supplemental
3 Case Management Statement seven (7) days before the Case Management Conference.
4

IT IS SO STIPULATED.

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DATED: June 30, 2016

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8 DATED: June 30, 2016
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10 DATED: June 30, 2016
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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
United States Attorney
By:
/s/ Rebecca A. Falk
REBECCA A. FALK 1
Assistant United States Attorney

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S . Ti ga r

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J u d ge J o

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IT IS

FO

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_____________________________________________
HONORABLE JON S. TIGAR
ED
UNITED STATESSO ORDECOURT JUDGE
DISTRICT R

LI

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S

DATED: July 5, 2016

S DISTRICT
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IT IS SO ORDERED.

UNIT
ED

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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 AND [PROPOSED] ORDER TO CONTINUE CMC
15-03510 JST