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)

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1 2 3 4 5 6 7 8 9 10 11 COOLEY LLP MICHAEL G. RHODES (116127) (rhodesmg@cooley.com) TRAVIS LEBLANC (251097) (tleblanc@cooley.com) KATHLEEN R. HARTNETT (314267) (khartnett@cooley.com) BETHANY C. LOBO (248109) (blobo@cooley.com) 101 California Street, 5th Floor San Francisco, California 94111-5800 Telephone: (415) 693 2000 Facsimile: (415) 693 2222 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) (davidg@eff.org) CORYNNE MCSHERRY (221504) (corynne@eff.org) AARON MACKEY (286647) (amackey@eff.org) ELECTRONIC FRONTIER FOUNDATION 815 Eddy Street San Francisco, CA 94109-7701 Telephone: (415) 436-9333 KRISTY PARKER (pro hac vice forthcoming) (kristy.parker@protectdemocracy.org) THE PROTECT DEMOCRACY PROJECT, INC. 2020 Pennsylvania Avenue, NW, #163 Washington, DC 20006 Telephone: (202) 849-9307 Facsimile: (929) 777-8428 NGOZI J. NEZIANYA (pro hac vice forthcoming) (ngozi.nezianya@protectdemocracy.org) THE PROTECT DEMOCRACY PROJECT, INC. 115 Broadway, Fl 5 New York, NY 10006 Telephone: (202) 934-3636 Facsimile: (929) 777-8428 BEN BERWICK (pro hac vice forthcoming) (ben.berwick@protectdemocracy.org) THE PROTECT DEMOCRACY PROJECT, INC. 15 Main Street, Suite 312 Watertown, MA 02472 Telephone: (202) 579-4582 Facsimile: (929) 777-8428 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: (202) 514-4938 E-mail: James.Luh@usdoj.gov 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)

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