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

Filing 56

STIPULATION AND ORDER re 55 STIPULATION WITH PROPOSED ORDER on Production Deadline, Briefing Schedule, and [Proposed] Hearing Date filed by Jiahao Kuang, Deron Cooke. Signed by Judge Jon S. Tigar on October 17, 2018. Deadline for Defendants to produce the administrative record: 10/19/2018. Plaintiffs' supplemental brief due 10/26/2018. Defendants' response due 11/2/2018. (wsn, COURT STAFF) (Filed on 10/17/2018)

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LATHAM & WATKINS LLP
Peter A. Wald (Bar No. 85705)
[e-mail]
505 Montgomery Street, Suite 2000
San Francisco, CA 94111
Tel.: [phone] / Fax: [phone]
Colleen C. Smith (Bar No. 231216)
[e-mail]
12670 High Bluff Drive
San Diego, CA 92130
Tel.: [phone] / Fax: [phone]
Caitlin E. Dahl (Bar No. 6312614)
[e-mail]
330 N. Wabash Ave, Suite 2800
Chicago, IL 60611
Tel.: [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
Tel.: [phone] / Fax: [phone]
Attorneys for Plaintiffs
Jiahao Kuang and Deron Cooke
(Additional Counsel on Signature Page)
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.

CASE NO. 3:18-CV-03698-JST
JOINT STIPULATION AND [PROPOSED]
ORDER ON PRODUCTION DEADLINE,
BRIEFING SCHEDULE, AND [PROPOSED]
HEARING DATE

UNITED STATES DEPARTMENT OF
DEFENSE, JAMES MATTIS, in his official
capacity as Secretary of Defense of the United
States Department of Defense,
Defendants.

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ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:18-CV-03698-JST

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Pursuant to the Minute Entry for Proceedings dated October 15, 2018 (ECF No. 54), the

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undersigned parties hereby stipulate, and request that the Court enter an order requiring the

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production of the administrative record by Friday, October 19; requiring Plaintiffs Jiahao Kuang

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and Deron Cooke (together, “Plaintiffs”) to submit a supplemental brief not to exceed five (5)

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pages by Friday, October 26; requiring Defendants Department of Defense and James Mattis

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(together, “Defendants”) to submit a response to Plaintiffs’ supplemental brief not to exceed five

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(5) pages by Friday, November 2; and that sets a hearing date, should the Court deem one

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necessary, of Thursday, November 8.

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STIPULATION

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WHEREAS, on October 2, Plaintiffs and Defendants jointly filed a Joint Statement

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Regarding Discovery (the “Joint Statement”) (ECF No. 44). In the Joint Statement, Plaintiffs

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moved (1) to compel production of the administrative record; and (2) to strike the declaration of

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Roger A. Smith (the “Smith Declaration”) (ECF No. 42-1) that Defendants submitted in support

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of their response to Plaintiffs’ motion for a preliminary injunction (ECF No. 21).

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WHEREAS, on October 15, the Court ordered the production of the administrative record

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and deferred ruling on the motion to strike the Smith Declaration. See Minute Entry for

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Proceedings (ECF No. 54). The Court further ordered the parties to meet and confer

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immediately regarding a deadline for production of the administrative record, a briefing schedule

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for any supplemental briefing in light of the production of the administrative record, and a

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proposed hearing date on the supplemental briefing, should the Court deem one necessary. See

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id.

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WHEREAS, on October 15 and October 16, counsel for the parties met and conferred on
the production of the administrative record, a briefing schedule, and a proposed hearing date.
WHEREAS, pursuant to those meet-and-confer discussions, Defendants agreed to
produce the administrative record no later than Friday, October 19.
WHEREAS, Plaintiffs agreed to file a supplemental brief, which is not to exceed five (5)
pages, no later than Friday, October 26.

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:18-CV-03698-JST

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WHEREAS, Defendants agreed to file a response to Plaintiffs’ supplemental brief, which
is not to exceed five (5) pages, no later than Friday, November 2.
WHEREAS, to the extent one is necessary, the parties propose a hearing date of

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Thursday, November 8, which would combine a hearing on outstanding issues related to the

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Joint Statement with the motion hearing already set in this case. See Stipulation and Order (ECF

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No. 36 (setting motions hearing on Defendants’ motion to dismiss and Plaintiffs’ motion for a

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preliminary injunction for Thursday, November 8, at 2:00 p.m.).

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED that, subject to Court
approval:
1. The deadline for Defendants to produce the administrative record in this case is
Friday, October 19.
2. The deadline for Plaintiffs to file a supplemental brief not to exceed five (5) pages
is Friday, October 26.
3. The deadline for Defendants to file a response to Plaintiffs’ supplemental brief not
to exceed five (5) pages is Friday, November 2.
4. If necessary, the Court will hold a hearing to discuss the issues raised in the
supplemental briefings on Thursday, November 8.
This stipulation does not alter the date of any other event or deadline already fixed by

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Court order nor extend time frames set in the Local Rules or Federal Rules.

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Dated: October 16, 2018

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LATHAM & WATKINS LLP

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ATTORNEYS AT LAW
SAN FRANCISCO

By: /s/ Peter A. Wald_____________
Peter A. Wald (Bar No. 85705)
[e-mail]
505 Montgomery Street, Suite 2000
San Francisco, CA 94111
Tel.: [phone] / Fax: [phone]
Colleen C. Smith (Bar No. 231216)
[e-mail]
12670 High Bluff Drive
San Diego, CA 92130
Tel.: [phone] / Fax: [phone]
Caitlin E. Dahl (Bar No. 6312614)
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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:18-CV-03698-JST

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[e-mail]
330 N. Wabash Ave, Suite 2800
Chicago, IL 60611
Tel.: [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
Tel.: [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
Tel.: [phone] / Fax: [phone]

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Attorneys for Plaintiffs
Jiahao Kuang and Deron Cooke

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Dated: October 16, 2018
JOSEPH H. HUNT
Assistant Attorney General
ALEX G. TSE
United States Attorney
ANTHONY J. COPPOLINO
Deputy Branch Director
/s/ Stuart J. Robinson
STUART J. ROBINSON, CA Bar No. 267183
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
450 Golden Gate Ave.
San Francisco, CA 94102
Tel.: [phone] / Fax: [phone]
Email: [e-mail]

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Counsel for Defendants

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:18-CV-03698-JST

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ATTORNEY ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), I, Peter A. Wald, hereby attest that concurrence in

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the filing of this document has been obtained from any signatories indicated by a “conformed”

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signature (/s/) within this e-filed document. I declare under penalty of perjury under the laws of

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

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Dated: October 16, 2018

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LATHAM & WATKINS LLP

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

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:18-CV-03698-JST

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[PROPOSED] ORDER APPROVING STIPULATION

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PURSUANT TO STIPULATION, IT IS SO ORDERED, EXCEPT AS FOLLOWS:

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The Court hereby continues the hearings currently set for November 8, 2018 until

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November 15, 2018 at 9:30 a.m.

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Dated: October 17, 2018

_____________________________________
Honorable Jon S. Tigar
United States District Judge

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:18-CV-03698-JST