National Abortion Federation v. Center for Medical Progress et al

Filing 76

ORDER re #75 Corrected Stipulation For Shortening Briefing Schedule on Defendants' #61 MOTION for Clarification of TRO. Responses due by 8/25/2015. Replies due by 8/28/2015. Motion Hearing set for 9/1/2015 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 08/20/2015. (jmdS, COURT STAFF) (Filed on 8/20/2015)

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[COUNSEL LISTED ON SIGNATURE PAGE]

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UNITED STATES DISTRICT COURT,
NORTHERN DISTRICT OF CALIFORNIA
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Plaintiff,
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vs.
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THE CENTER FOR MEDICAL
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PROGRESS; BIOMAX PROCUREMENT
SERVICES, LLC; DAVID DALEIDEN (aka )
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“ROBERT SARKIS”); and TROY
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NEWMAN,
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Defendants.

NATIONAL ABORTION FEDERATION
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Case No. 3:15-cv-3522 (WHO)
Judge William H. Orrick, III
CORRECTED JOINT STIPULATION
FOR SHORTENING BRIEFING
SCHEDULE ON DEFENDANTS’
MOTIONS TO CLARIFY THE
TEMPORARY RESTRAINING ORDER
Hearing Date: August 31, 2015
Time: 10:00 a.m.

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JOINT STIPULATION – BRIEFING DEF.S’ MOT TO CLARIFY –
3:15-CV-3522 (WHO)

STIPULATION

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Pursuant to Local Rule 6-2, Plaintiff, National Abortion Federation and Defendants Center

3 for Medical Progress, Biomax Procurement Services, LLC, and David Daleiden (hereinafter
4 “Defendants”), file this stipulation to shorten the briefing schedule for Defendants’ Motion To
5 Clarify Temporary Restraining Order As It Relates To Nucatola Transcript (Doc. 60-3, Filed Under
6 Seal) and Defendants’ Motion To Clarify Temporary Restraining Order As It Relates To Any
7 Subpoenas (Doc. 61) (hereinafter “Motions for Clarification”) and state in support whereof as
8 follows:
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1.

Defendants filed two Motions for Clarification on August 12, 2015 (Doc. 60-3 &

2.

On August 14, 2015, this Court entered an Order stating that “a normal briefing

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12 schedule was set for this motion,” but that the schedule could be modified if parties “met and
13 confer[red]” and submitted a stipulation;
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3.

Defendants seek to shorten the briefing schedule because a) Plaintiff has stated that

15 it believes Defendants are in violation of the August 3, 2015, Temporary Restraining Order
16 (“TRO”) due to the continued posting of information on its website, while Defendants dispute this
17 interpretation of the TRO; and b) Defendants have received a subpoena from the State of Arizona,
18 seeking production of documents whose disclosure appears to be forbidden by the TRO, and the
19 subpoena has a return date of August 25, 2015. Clarification is thus needed promptly to determine
20 what documents are and are not covered by the TRO.
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4.

Counsel for Plaintiff and Defendants have met and conferred and reached a

22 stipulation on this matter.
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5.

Only one prior modification has been made to the schedule in this matter. The

24 parties stipulated to a schedule extending the briefing and hearing schedule on NAF’s preliminary
25 injunction motion (Doc. 34); this was granted on August 6, 2015 (Doc. 34).
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STIPULATION ON BRIEFING SCHED. RE MOTS. TO CLARIFY
TRO – 3:15-CV-3522 (WHO)

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6.

Under the normal briefing schedule, Plaintiffs’ Responses would be due on August

2 27, 2015; Defendants’ Replies would be due on September 3, 2015; and hearing would be
3 September 17, 2015.
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Parties have agreed to stipulate to the following briefing schedule instead:

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Defendants shall seek an extension on the return date of the Arizona Attorney

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General’s subpoena;

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Defendants shall not produce any documents in response to the subpoena until after

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the Court has ruled on Defendants’ Motion for Clarification As It Relates to Any

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Subpoenas;

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Plaintiffs shall file any Responses to the Motions for Clarification by Tuesday,

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August 25, 2015;

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Defendants shall file any Replies to the Motions for Clarification by Friday, August

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28, 2015;

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The matter shall be set for a hearing on Monday, August 31, 2015.

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Thus the hearing will be advanced by 14 days as a result of this stipulation.

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WHEREFORE IT IS HEREBY STIPULATED and agreed to by and between Plaintiff and

18 Defendants, subject to the approval of the Court that:
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Defendants shall seek an extension on the return date of the Arizona Attorney General’s

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subpoena;

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Defendants shall not to produce any documents in response to the subpoena until after the

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Court has ruled on Defendants’ Motion for Clarification As It Relates to Any Subpoenas;

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Plaintiffs shall file any Responses to the Motions for Clarification by Tuesday, August 25,

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2015;

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Defendants shall file any Replies to the Motions for Clarification by Friday, August 28,

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2015;

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The matter shall be set for hearing on Monday, August 31, 2015, at 10:00 a.m.

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STIPULATION ON BRIEFING SCHED. RE MOTS. TO CLARIFY
TRO – 3:15-CV-3522 (WHO)

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Dated: August 20, 2015
/s/ Christopher Robinson
LINDA E. SHOSTAK (CA SBN 64599)
[e-mail]
DEREK F. FORAN (CA SBN 224569)
[e-mail]
CHRISTOPER L. ROBINSON
(CA SBN 260778)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522

9 Attorney for Plaintiff NATIONAL
ABORTION FEDERATION (NAF)
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/s/ John Sauer
CATHERINE W. SHORT (CA Bar 117442)
LIFE LEGAL DEFENSE FOUNDATION
P.O. Box 1313
Ojai, CA 93024-1313
Tel: [phone]
Fax: [phone]
E-Mail: [e-mail]
D. John Sauer
James Otis Law Group, LLC
231 South Bemiston Ave., Suite 800
St. Louis, Missouri 63105
Email: [e-mail]
Thomas Brejcha
Thomas More Society
19 La Salle St., Ste. 603
Chicago, IL 60603
Email: [e-mail]
Attorneys for Defendants,
The Center for Medical Progress, Biomax Procurement
Services LLP, David Daleiden (aka “Robert Sarkis”)

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CERTIFICATE OF SERVICE

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I hereby certify that on August 20, 2015, I caused the foregoing CORRECTED JOINT
STIPULATION FOR SHORTENING BRIEFING SCHEDULE ON DEFENDANTS’
18 MOTIONS TO CLARIFY THE TEMPORARY RESTRAINING ORDER to be filed with
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19 the United States District Court for the Northern District of California via the Court’s CM/ECF
system.
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/s/ Christopher L. Robinson
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Christopher L. Robinson
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ATTESTATION OF E-FILED SIGNATURE

23 I, Christopher L. Robinson, am the ECF User whose ID and password are being used to file this

CORRECTED JOINT STIPULATION FOR SHORTENING BRIEFING SCHEDULE ON
DEFENDANTS’ MOTIONS TO CLARIFY THE TEMPORARY RESTRAINING
25 ORDER. In compliance with General Order 45, X.B., I hereby attest that D. John Sauer concurs
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in this filing.
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Dated: August 20, 2015
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/s/ Christopher L. Robinson
Attorney
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STIPULATION ON BRIEFING SCHED. RE MOTS. TO CLARIFY
TRO – 3:15-CV-3522 (WHO)

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ORDER

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Good cause appearing, the Court hereby modifies the above Stipulation as follows:
1. Defendants shall seek an extension on the return date of the Arizona Attorney General’s
subpoena;
2. Defendants shall not produce any documents in response to the subpoena until after the
Court has ruled on Defendants’ Motion for Clarification As It Relates to Any
Subpoenas;
3. Plaintiffs shall file any Responses to the Motions for Clarification by Tuesday, August
25, 2015;
4. Defendants shall file any Replies to the Motions for Clarification by Friday, August 28,
2015;
5. The matter shall be set for hearing on Tuesday, September 1, 2015, at 10:00 a.m. in
Courtroom 2, 17th floor.
IT IS SO ORDERED.

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Dated: August 20, 2015

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_________________________________
Honorable William H. Orrick, III
United States District Judge

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STIPULATION ON BRIEFING SCHED. RE MOTS. TO CLARIFY
TRO – 3:15-CV-3522 (WHO)