Electronic Frontier Foundation v. United States Department of Justice

Filing 26

ORDER by Judge Haywood S. Gilliam, Jr. Granting 25 Stipulation. (ndrS, COURT STAFF) (Filed on 8/2/2016)

Download PDF
1 2 3 4 5 6 MARK RUMOLD (SBN 279060) mark@eff.org NATHAN D. CARDOZO (SBN 259097) nate@eff.org AARON MACKEY (SBN 286647) amackey@eff.org ELECTRONIC FRONTIER FOUNDATION 815 Eddy Street San Francisco, CA 94109 Telephone: (415) 436-9333 Facsimile: (415) 436-9993 7 8 Attorneys for Plaintiff ELECTRONIC FRONTIER FOUNDATION 9 UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 ELECTRONIC FRONTIER FOUNDATION, Plaintiff, 14 15 16 v. UNITED STATES DEPARTMENT OF JUSTICE, 17 18 Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 16-cv-02041-HSG STIPULATION AND ORDER TO SET BRIEFING SCHEDULE AND VACATE CASE MANAGEMENT CONFERENCE 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER 1 Pursuant to L. R. 7-12, Plaintiff Electronic Frontier Foundation (“EFF”) and Defendant 2 United States Department of Justice hereby stipulate to the proposed briefing schedule for cross- 3 motions for summary judgment in this case outlined below and request that the Court order the 4 same. 5 (1) As the Joint Case Management Statement (JCMS) filed on July 26, 2016 (ECF No. 23) 6 indicated, the parties conferred at various times and significantly narrowed the issues prior to the 7 scheduled Case Management Conference (CMC) on August 2, 2016. At the time of filing the JCMS, 8 the primary outstanding issue that the parties had yet to reach an agreement on was a schedule or 9 plan for cross-motions for summary judgment. The parties continued to confer and have reached 10 agreement on a schedule as follows: 11 September 22, 2016 Defendant’s Motion for Summary Judgment (25 pages) 12 October 13, 2016 13 14 Summary/Judgment/Opposition to Defendant’s Motion (50 pages) November 3, 2016 15 16 Plaintiff’s Combined Cross-Motion for Defendant’s Combined Opposition to Plaintiff’s Motion/Reply in Support of Their Motion for Summary Judgment (40 pages) November 17, 2016 Plaintiff’s Reply in Support of Its Motion for Summary Judgment (15 17 pages) 18 December 15, 2016 Requested Hearing Date 19 (2) In light of the parties’ agreement on the proposed briefing schedule, the parties 20 respectfully submit that the scheduled CMC may no longer be necessary. Should the Court agree, the 21 parties jointly request the Court vacate the CMC scheduled for 2 p.m. on August 2, 2016. 22 23 24 25 26 27 1 28 16-cv-02041-HSG STIPULATION AND [PROPOSED] ORDER 1 Respectfully submitted, August 1, 2016 By 2 3 /s/ Aaron Mackey Aaron Mackey 4 ELECTRONIC FRONTIER FOUNDATION 815 Eddy Street San Francisco, CA 94109 5 Attorneys for Plaintiff 6 Respectfully submitted, August 1, 2016 7 BENJAMIN C. MIZER Principal Deputy Assistant Attorney General 8 9 MELINDA HAAG United States Attorney 10 ELIZABETH J. SHAPIRO Deputy Branch Director 11 12 By /s/ RODNEY PATTON Senior Counsel JULIA A. BERMAN Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, D.C. 20001 13 14 15 16 17 Attorneys for Defendant 18 DECLARATION PURSUANT TO LOCAL RULE 5-1(I)(3) 19 20 Pursuant to Civil L.R. 5-1(i)(3), I, Aaron Mackey, declare that I obtained the concurrence of 21 Rodney Patton, counsel for Defendant, United States Department of Justice, in the filing of this 22 document. 23 I declare under penalty of perjury under the laws of the United States that the foregoing is 24 true and correct. Executed this 1st day of August, 2016 in San Francisco, California 25 DATED: August 1, 2016 Respectfully submitted, 26 By /s/ Aaron Mackey Aaron Mackey 27 2 28 16-cv-02041-HSG STIPULATION AND [PROPOSED] ORDER ORDER 1 2 3 4 5 PURSUANT TO STIPULATION, IT IS SO ORDERED. The parties shall file their summary judgment briefs in accordance with the schedule above. IT IS FURTHER ORDERED. The Case Management Conference scheduled for 2 p.m. on August 2, 2016 is vacated. 6 7 DATED: August 2, 2016 __________________________ Hon. HAYWOOD S. GILLIAM, JR. United States District Court Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 28 16-cv-02041-HSG STIPULATION AND [PROPOSED] ORDER

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?