Kuang et al v. United States Department of Defense et al

Filing 41

STIPULATION AND ORDER re 40 STIPULATION WITH PROPOSED ORDER Requesting Extension of Time, Nunc Pro Tunc, for Defendants to Respond to Plaintiffs' Motion for Class Certification filed by James Mattis, United States Department of Defense. Signed by Judge Jon S. Tigar on August 20, 2018. (wsn, COURT STAFF) (Filed on 8/20/2018)

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CHAD A. READLER
Acting Assistant Attorney General
ALEX G. TSE
Acting United States Attorney
ANTHONY J. COPPOLINO
Deputy Branch Director
NATHAN SWINTON, NY Bar
Senior Trial Counsel
STUART J. ROBINSON
Trial Counsel
U.S. Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave NW
Washington, DC 20001
Phone: [phone]; Fax: [phone]
Email: [e-mail]
Counsel for Defendants

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
__________________________________________
)
JIAHAO KUANG and DERON COOKE,
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on behalf of themselves and those similarly
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situated,
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Plaintiffs,
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Case No. 3:18-cv-03698-JST
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v.
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STIPULATED REQUEST FOR
UNITED STATES DEPARTMENT OF
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EXTENSION OF TIME, NUNC
DEFENSE and JAMES MATTIS, in his official
)
PRO TUNC, TO RESPOND TO
capacity as Secretary of Defense,
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PLAINTIFFS’MOTION FOR
)
CLASS CERTIFICATION
Defendants.
)
__________________________________________)

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Kuang, et al. v. U.S. Dep’t of Defense, et al., Case No. 3:18-cv-03698-JST
Stipulated Request for Extension of Time, Nunc Pro Tunc, to Respond to Plaintiffs’
Motion for Class Certification
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Pursuant to Local Rulse 6.2 and 7-12, Defendants, the United States Department of

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Defense and Defense Secretary James Mattis, in his official capacity, and Plaintiffs, Jiahao

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Kuang and Deron Cooke, hereby file this stipulated request for a one-day extension of time nunc

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pro tunc to file a response to Plaintiffs’ Motion for Class Certification. The grounds for this

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stipulation are as follows:

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1.

On August 1, 2018, Plaintiffs filed a Notice and Motion for Class Certification

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and Appointment of Class Counsel. See ECF No. 31. Under the Local Rule 7-3(a), Defendants’

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response to this motion was due on August 15, 2018.

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2.

Prior to August 15, 2018, counsel for Defendants informed counsel for Plaintiffs

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that Defendants intended to file a notice of non-opposition to Plaintiffs’ motion with a

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modification to the class definition proposed by Plaintiffs. By email correspondence, the parties

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agreed on a revised class definition by 7:30 p.m. Eastern Standard Time on August 15, 2018.

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3.

Due to unexpected technical difficulties, undersigned counsel was not able to

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access his Department of Justice work account shortly after the parties agreed on the revised

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definition of the class. Counsel was not able to regain access to his work account until the

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morning of August 16, 2018.

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4.

Defendants accordingly request a one-day extension of time, nunc pro tunc, to file

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their response to Plaintiffs’ Motion for Class Certification, which is attached to this stipulation.

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Counsel for Defendants conferred with counsel for Plaintiffs, who consent to Defendants’

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request.

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5.

This extension of time would not affect any other deadlines in this case.

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Dated: August 16, 2018

Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
ALEX G. TSE
Acting United States Attorney

Kuang, et al. v. U.S. Dep’t of Defense, et al., Case No. 3:18-cv-03698-JST
Stipulated Request for Extension of Time, Nunc Pro Tunc, to Respond to Plaintiffs’
Motion for Class Certification
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ANTHONY J. COPPOLINO
Deputy Branch Director

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/s/ Nathan M. Swinton
NATHAN M. SWINTON, NY Bar
Senior Trial Counsel
STUART J. ROBINSON
Trial Counsel
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave NW
Washington, DC 20001
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Counsel for Defendants

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Dated: August 16, 2018

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LATHAM & WATKINS LLP

By: /s/ Peter A. Wald_____________________
Peter A. Wald (Bar No. 85705)
[e-mail]
505 Montgomery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Fax: [phone]
Colleen C. Smith (Bar No. 231216)
[e-mail]
12670 High Bluff Drive
San Diego, CA 92130
Telephone: [phone]
Fax: [phone]
Megan C. Fitzpatrick (Bar No. 6309005)
[e-mail]
330 N. Wabash Ave, Suite 2800
Chicago, IL 60611
Telephone: [phone]
Fax: [phone]
Kuang, et al. v. U.S. Dep’t of Defense, et al., Case No. 3:18-cv-03698-JST
Stipulated Request for Extension of Time, Nunc Pro Tunc, to Respond to Plaintiffs’
Motion for Class Certification
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ACLU FOUNDATION OF SOUTHERN
CALIFORNIA
Jennifer Pasquarella (Bar No. 263241)
[e-mail]
Michael Kaufman (Bar No. 254575)
[e-mail]
Sameer Ahmed (Bar No. 319609)
[e-mail]
1313 West 8th Street
Los Angeles, CA 90017
Telephone: [phone]
Fax: [phone]
ACLU FOUNDATION OF NORTHERN
CALIFORNIA
Christine P. Sun (Bar No. 218701)
[e-mail]
39 Drumm Street
San Francisco, CA 94111
Telephone: [phone]
Fax: [phone]

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Attorneys for Plaintiffs
Jiahao Kuang and Deron Cooke

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Kuang, et al. v. U.S. Dep’t of Defense, et al., Case No. 3:18-cv-03698-JST
Stipulated Request for Extension of Time, Nunc Pro Tunc, to Respond to Plaintiffs’
Motion for Class Certification
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ATTORNEY ATTESTATION

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Pursuant to Civil Local Rule 5-1(i)(3), I, Nathan M. Swinton, hereby attest that
concurrence in the filing of this document has been obtained from any signatories indicated by a
“conformed” signature (/s/) within this e-filed document. I declare under penalty of perjury under

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the laws of the United States of America that the foregoing is true and correct.

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Dated: August 16, 2018
By: /s/ Nathan M. Swinton________

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Kuang, et al. v. U.S. Dep’t of Defense, et al., Case No. 3:18-cv-03698-JST
Stipulated Request for Extension of Time, Nunc Pro Tunc, to Respond to Plaintiffs’
Motion for Class Certification
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[PROPOSED] ORDER APPROVING STIPULATION
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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August 20, 2018
Dated: ________________

_____________________________________
Honorable Jon S. Tigar
United States District Judge

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Kuang, et al. v. U.S. Dep’t of Defense, et al., Case No. 3:18-cv-03698-JST
Stipulated Request for Extension of Time, Nunc Pro Tunc, to Respond to Plaintiffs’
Motion for Class Certification
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