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

Filing 51

STIPULATION AND ORDER re 50 STIPULATION WITH PROPOSED ORDER to Reschedule Telephonic Case Management Conference Hearing filed by Jiahao Kuang, Deron Cooke. Telephone Conference set for 10/15/2018 at 2:30 PM before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on October 11, 2018. (wsn, COURT STAFF) (Filed on 10/11/2018)

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LATHAM & WATKINS LLP
Peter A. Wald (Bar No. 85705)
[e-mail]
505 Montgomery Street, Suite 2000
San Francisco, CA 94111
T: [phone]/F: [phone]
Colleen C. Smith (Bar No. 231216)
[e-mail]
12670 High Bluff Drive
San Diego, CA 92130
T: [phone]/F: [phone]
Megan C. Fitzpatrick (Bar No. 6309005)
[e-mail]
330 N. Wabash Ave, Suite 2800
Chicago, IL 60611
T: [phone]/F: [phone]
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
T: [phone]/F: [phone]
Attorneys for Plaintiffs
Jiahao Kuang and Deron Cooke
[Additional Counsel Listed on Signature Page]

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
JIAHAO KUANG AND DERON COOKE,
on behalf of themselves and those similarly
situated,
Plaintiffs,
v.
UNITED STATES DEPARTMENT OF
DEFENSE, JAMES MATTIS, in his official
capacity as Secretary of Defense of the
United States Department of Defense,
Defendants.

CASE NO. 3:18-CV-03698-JST
JOINT STIPULATION AND [PROPOSED]
ORDER TO RESCHEDULE TELEPHONIC
CASE MANAGEMENT CONFERENCE
HEARING
CURRENT DATE: October 12, 2018
PROPOSED NEW DATE: October 15, 2018
PROPOSED NEW TIME: 2:30 p.m.
DEPT: Courtroom 9, 19th Floor
JUDGE: Hon. Jon S. Tigar

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ATTORNEYS AT LAW
SAN FRANCISCO

JOINT STIPULATION AND [PROPOSED] ORDER
TO RESET TELEPHONIC CMC HEARING
CASE NO. 3:18-CV-03698-JST

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Pursuant to Civil Local Rules 6-1(b) and 16-2(e), the undersigned parties hereby

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stipulate, and request that the Court enter an order continuing the Case Management Conference

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currently scheduled for October 12, 2018, at 4:00 p.m. to October 15, 2018, at 2:30 p.m.

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STIPULATION

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WHEREAS, on October 2, 2018, Plaintiffs Jiahao Kuang and Deron Cooke (together,

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“Plaintiffs”) and the Department of Defense and Secretary Mattis (together, “Defendants” and

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collectively with Plaintiffs, the “Parties”) jointly filed a Joint Statement Regarding Discovery

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(ECF No. 44).

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WHEREAS, on October 10, 2018, the Court issued a Clerk’s Notice Setting Telephonic

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Case Management Conference, which scheduled a telephonic conference on the Parties’ Joint

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Statement Regarding Discovery for October 12, 2018, at 4:00 p.m. Pacific (ECF No. 47).

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WHEREAS, due to various scheduling conflicts for Plaintiffs’ counsel, including the fact

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that lead counsel for Plaintiffs is out of the country on business through October 12, 2018,

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Plaintiffs respectfully request that the Court continue the hearing to October 15, 2018.

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WHEREAS, on October 10, counsel for Plaintiffs contacted counsel for Defendants, who

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indicated that they do not oppose the requested continuance and that they are available on

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October 15, 2018.

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WHEREAS, the Parties do not believe that the requested extension of one business day to

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conduct the hearing on the Parties’ Joint Statement Regarding Discovery will have any impact on

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any schedule set in the case.

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED that, subject to Court

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approval, the Telephonic Case Management Conference Hearing currently set for Friday,

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October 12, 2018 at 4:00 p.m. Pacific be continued to Monday, October 15, 2018 at 2:30 p.m.

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Pacific.

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ATTORNEYS AT LAW
SAN FRANCISCO

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JOINT STIPULATION AND [PROPOSED] ORDER
TO RESET TELEPHONIC CMC HEARING
CASE NO. 3:18-CV-03698-JST

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Dated: October 11, 2018

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LATHAM & WATKINS LLP

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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]

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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]

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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
Dated: October 11, 2018

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JOSEPH H. HUNT
Assistant Attorney General

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ALEX G. TSE

ATTORNEYS AT LAW
SAN FRANCISCO

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JOINT STIPULATION AND [PROPOSED] ORDER
TO RESET TELEPHONIC CMC HEARING
CASE NO. 3:18-CV-03698-JST

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United States Attorney

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ANTHONY J. COPPOLINO
Deputy Branch Director

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NATHAN M. SWINTON
Senior Trial Counsel

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/s/ Stuart J. Robinson
STUART J. ROBINSON, CA Bar No. 267183
JOSEPH C. DUGAN, OH Bar No. 0093997
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
450 Golden Gate Ave.
San Francisco, CA 94102

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Counsel for Defendants

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ATTORNEY ATTESTATION

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Pursuant to Civil Local Rule 5-1(i)(3), I, Peter A. Wald, 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 the laws of
the United States of America that the foregoing is true and correct.
Dated: October 11, 2018
LATHAM & WATKINS LLP

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By: /s/ Peter A. Wald
Peter A. Wald

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[PROPOSED] ORDER APPROVING STIPULATION
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: October 11, 2018
Honorable Jon S. Tigar
United States District Judge

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ATTORNEYS AT LAW
SAN FRANCISCO

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JOINT STIPULATION AND [PROPOSED] ORDER
TO RESET TELEPHONIC CMC HEARING
CASE NO. 3:18-CV-03698-JST