Rock The Vote et al v. Trump et al

Filing 30

ORDER granting #29 STIPULATION TO SET A CONSOLIDATED BRIEFING SCHEDULE, PAGE LIMITS, AND HEARING DATE ON PLAINTIFFS #19 MOTION FOR PRELIMINARY INJUNCTION AND DEFENDANTS MOTION TO DISMISS. Response due by 9/23/2020. Reply due by 10/5/2020. Motion Hearing set for 10/21/2020 02:00 PM before Judge William H. Orrick. Signed by Judge William H. Orrick on 09/14/2020. (jmdS, COURT STAFF) (Filed on 9/14/2020)

1
2
3
4
5
6
7
8
9
10
11

COOLEY LLP
MICHAEL G. RHODES (116127)
([e-mail])
TRAVIS LEBLANC (251097)
([e-mail])
KATHLEEN R. HARTNETT (314267)
([e-mail])
BETHANY C. LOBO (248109)
([e-mail])
101 California Street, 5th Floor
San Francisco, California 94111-5800
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Plaintiffs
ROCK THE VOTE; VOTO LATINO;
COMMON CAUSE; FREE PRESS; and
MAPLIGHT
Additional counsel listed on next page
UNITED STATES DISTRICT COURT

12

NORTHERN DISTRICT OF CALIFORNIA

13
14
15
16
17
18
19
20
21
22
23
24
25
26

ROCK THE VOTE; VOTO LATINO;
COMMON CAUSE; FREE PRESS; and
MAPLIGHT,
Plaintiffs,
v.
DONALD J. TRUMP, in his official
capacity as President of the United States;
WILLIAM P. BARR, in his official
capacity as Attorney General of the United
States; WILBUR L. ROSS, JR. in his
official capacity as United States Secretary
of Commerce; DOUGLAS W. KINKOPH,
in his official capacity as Associate
Administrator of the Office of
Telecommunications and Information
Applications; and RUSSELL T. VOUGHT,
in his official capacity as Director of the
Office of Management and Budget,

Case No. 3:20-cv-06021-WHO
STIPULATION AND ORDER TO SET A
CONSOLIDATED BRIEFING SCHEDULE,
PAGE LIMITS, AND HEARING DATE ON
PLAINTIFFS’ MOTION FOR PRELIMINARY
INJUNCTION AND DEFENDANTS’ MOTION
TO DISMISS

Defendants.

27
28
COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIP. AND [PROPOSED] ORDER TO SET
CONSOLIDATED SCHEDULE
(CASE NO. 3:20-CV-06021-WHO)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

DAVID GREENE (160107)
([e-mail])
CORYNNE MCSHERRY (221504)
([e-mail])
AARON MACKEY (286647)
([e-mail])
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109-7701
Telephone:
[phone]
KRISTY PARKER (pro hac vice forthcoming)
([e-mail])
THE PROTECT DEMOCRACY PROJECT, INC.
2020 Pennsylvania Avenue, NW, #163
Washington, DC 20006
Telephone:
[phone]
Facsimile:
[phone]
NGOZI J. NEZIANYA (pro hac vice forthcoming)
([e-mail])
THE PROTECT DEMOCRACY PROJECT, INC.
115 Broadway, Fl 5
New York, NY 10006
Telephone:
[phone]
Facsimile:
[phone]
BEN BERWICK (pro hac vice forthcoming)
([e-mail])
THE PROTECT DEMOCRACY PROJECT, INC.
15 Main Street, Suite 312
Watertown, MA 02472
Telephone:
[phone]
Facsimile:
[phone]

18
19
20
21
22
23
24
25
26
27
28
COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

2

STIP. AND [PROPOSED] ORDER TO SET
CONSOLIDATE SCHEDULE
(CASE NO. 3:20-CV-06021-WHO)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16

WHEREAS, Plaintiffs filed their complaint on August 27, 2020 (ECF No. 1);
WHEREAS, Plaintiffs filed their motion for preliminary injunction on September 4, 2020,
with a hearing date noticed for October 14, 2020 (ECF No. 19);
WHEREAS, Defendants’ opposition to the motion for preliminary injunction is currently
due on September 18, 2020, and Plaintiffs’ reply brief is due on September 25, 2020;
WHEREAS, Defendants intend to file a motion to dismiss that is likely to raise overlapping
issues with Plaintiffs’ motion for preliminary injunction;
WHEREAS, the parties agree that it would be most efficient to consolidate the briefing
schedules for Plaintiffs’ motion for preliminary injunction and Defendants’ anticipated motion to
dismiss, in light of the likely overlapping issues;
WHEREAS, the parties agree that a modest expansion of the page limits will allow the
parties to brief the matters at issue fully—and, if briefing is consolidated—will result in fewer pages
than if the motions were briefed separately;
NOW, THEREFORE, the parties respectfully request that the Court set the briefing
schedule, page limits, and hearing date as follows:


17
18

injunction and cross-motion to dismiss (30 pages);


19
20
21

September 23, 2020: Defendants’ opposition to Plaintiffs’ motion for preliminary

October 5, 2020: Plaintiffs’ reply in support of motion for preliminary injunction
and opposition to cross-motion to dismiss (30 pages);



October 14, 2020: Defendants’ reply in support of motion to dismiss (15 pages);



October 21, 2020 (or as early as the Court allows): hearing on both motions.

22
23
24
25
26
27
28
COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

3

STIP. AND [PROPOSED] ORDER TO SET
CONSOLIDATE SCHEDULE
(CASE NO. 3:20-CV-06021-WHO)

1

Dated: September 11, 2020

COOLEY LLP

2
3

By: /s/ Kathleen Hartnett
Michael G. Rhodes
Travis LeBlanc
Kathleen R. Hartnett
Bethany C. Lobo

4
5
6

Electronic Frontier Foundation
David Greene
Corynne McSherry
Aaron Mackey

7
8

The Protect Democracy Project, Inc.
Kristy Parker
Ngozi J. Nezianya
Ben Berwick

9
10
11

Attorneys for Plaintiffs
ROCK THE VOTE, VOTO LATINO,
COMMON CAUSE, FREE PRESS, and
MAPLIGHT

12
13
14

JEFFREY BOSSERT CLARK
Acting Assistant Attorney General

15

LESLEY FARBY
Assistant Branch Director

16
17

/s/ JAMES C. LUH
JAMES C. LUH (N.Y. Bar)
Senior Trial Counsel
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L St NW
Washington DC 20530
Tel: [phone]
E-mail: [e-mail]
Attorneys for Defendants

18
19
20
21
22
23
24
25
26
27
28
COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

4

STIP. AND [PROPOSED] ORDER TO SET
CONSOLIDATE SCHEDULE
(CASE NO. 3:20-CV-06021-WHO)

1
2
3

ATTESTATION
I hereby attest that concurrence in the filing of this document has been obtained from the
Signatory of this document, pursuant to L.R. 5-1(i)(3).

4

/s/ Kathleen R. Hartnett
Kathleen R. Hartnett

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

5

STIP. AND [PROPOSED] ORDER TO SET
CONSOLIDATE SCHEDULE
(CASE NO. 3:20-CV-06021-WHO)

1
2

ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

3
4
5

September 14, 2020
Dated: ____________________

6

Hon. William H. Orrick
United States District Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

6

STIP. AND [PROPOSED] ORDER TO SET
CONSOLIDATE SCHEDULE
(CASE NO. 3:20-CV-06021-WHO)