Asian Law Caucus et al v. United States Department of Homeland Security

Filing 24

ORDER re 23 granting Third Joint Stipulation. Signed by Judge Claudia Wilken on 11/3/08. (scc, COURT STAFF) (Filed on 11/3/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Shirin Sinnar, State Bar No. 230005 shirins@asianlawcaucus.org Asian Law Caucus 939 Market St., Suite 201 San Francisco, CA 94103 Tel (415) 896-1701 Fax (415) 896-1702 Marcia Hofmann, State Bar No. 250087 marcia@eff.org Electronic Frontier Foundation 454 Shotwell Street San Francisco, CA 94110 Tel (415) 436-9333 Fax (415) 436-9993 Attorneys for Plaintiffs Asian Law Caucus and Electronic Frontier Foundation UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ) ) ) Plaintiffs, ) ) v. ) ) DEPARTMENT OF HOMELAND SECURITY, ) ) Defendant. ) ) ) ) ) ) ASIAN LAW CAUCUS et al., Civil Action No. 08-cv-00842 CW THIRD JOINT STIPULATION AND ORDER THIRD JOINT STIPULATION AND [PROPOSED] ORDER -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Civil Local Rule 6-2, Plaintiffs Asian Law Caucus and Electronic Frontier Foundation and Defendant Department of Homeland Security, by counsel, hereby agree and stipulate as follows: 1. By order dated September 18, 2008, the Court granted the parties' joint request to extend the briefing schedule in this case to permit the parties to negotiate the scope of Plaintiffs' challenge to Defendant's withholding of certain agency records pursuant to the Freedom of Information Act, 5 U.S.C. 552(b) (Dkt. No. 18). 2. Under the current briefing schedule, Defendant must file its reply in support of its motion for summary judgment and opposition to Plaintiffs' cross motion for summary judgment no later than November 3, 2008, and Plaintiffs must file their reply in support of their cross motion for summary judgment no later than November 10, 2008. 3. Counsel for plaintiff Asian Law Caucus will be performing voter protection activities in Ohio during the upcoming election on November 4, 2008, and traveling back to San Francisco on November 5, 2008. These commitments will make it difficult for the plaintiffs to prepare their memorandum in support of their motion for summary judgment and supporting materials by November 10, 2008, as currently scheduled. 4. In order to allow the plaintiffs sufficient time to prepare their reply in support of their cross motion for summary judgment following the election, the parties respectfully request that the Court modify the briefing schedule as follows: Defendant will file its reply in support of its motion for summary judgment and opposition to Plaintiffs' cross motion for summary judgment no later than November 5, 2008, and Plaintiffs will file their reply in support of their cross motion for summary judgment no later than November 12, 2008. // // THIRD JOINT STIPULATION AND [PROPOSED] ORDER -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. There have been two previous modifications to the schedule in this case Respectfully submitted, Shirin Sinnar, Esq. ASIAN LAW CAUCUS 939 Market St., Suite 201 San Francisco, CA 94103 Telephone: (415) 896-1701 Facsimile: (415) 896-1702 /s/ Marcia Hofmann Marcia Hofmann ELECTRONIC FRONTIER FOUNDATION 454 Shotwell Street San Francisco, CA 94110 Telephone: (415) 436-9333 Facsimile: (415) 436-9993 ATTORNEYS FOR PLAINTIFFS ASIANN LAW CAUCUS AND ELECTRONICC FRONTIER FOUNDATION Date: October 30, 2008 JEFFREY S. BUCHOLTZ Acting Assistant Attorney General CARL J. NICHOLS Deputy Assistant Attorney General SCOTT N. SCHOOLS United States Attorney ELIZABETH J. SHAPIRO Assistant Director, Federal Programs Branch /s/ John R. Coleman JOHN R. COLEMAN Attorney, U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., N.W., Room 6118 Washington, D.C. 20530 Telephone: (202) 514-4505 Facsimile: (202) 616-8460 E-mail: John.Coleman3@usdoj.gov ATTORNEYS FOR DEFENDANT DEPARTMENT OF HOMELAND SECURITY GENERAL ORDER NO. 45(X) CERTIFICATION I attest that I have obtained John R. Coleman's concurrence in the filing of this document. /s/ Marcia Hofmann Marcia Hofmann * * * PURSUANT TO STIPULATION, IT IS SO ORDERED. 11/3/08 Dated: ________________ ___________________________ Hon. Claudia Wilken United States District Judge THIRD JOINT STIPULATION AND [PROPOSED] ORDER -3-

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