Jewel et al v. National Security Agency et al

Filing 336

ORDER GRANTING AS MODIFIED 335 STIPULATION to Modify Briefing Schedule and Hearing Date on Plaintiffs Motion To Dissolve Discovery Stay Re: Counts 9, 12, & 15. Responses due by 1/22/2016. Replies due by 1/29/2016. Motion Hearing set for 2/26/2016 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge Jeffrey S. White on 1/14/16. (jjoS, COURT STAFF) (Filed on 1/14/2016)

Case 4:08-cv-04373-JSW Document 335 Filed 01/13/16 Page 1 of 4

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General

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JOSEPH H. HUNT
Director, Federal Programs Branch

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ANTHONY J. COPPOLINO
Deputy Branch Director

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JAMES J. GILLIGAN
Special Litigation Counsel
[e-mail]

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RODNEY PATTON
JULIA A. BERMAN
CAROLINE J. ANDERSON
Trial Attorneys
U.S. Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, N.W., Room 6102
Washington, D.C. 20001
Phone: [phone]
Fax: [phone]
Attorneys for the Government Defendants
Sued in their Official Capacities

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
_______________________________________
)
)
Case No. 3:08-cv-04373-JSW
)
CAROLYN JEWEL, et al.,
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STIPULATION AND [PROPOSED]
)
ORDER TO MODIFY BRIEFING
Plaintiffs,
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SCHEDULE AND HEARING DATE
)
ON PLAINTIFFS’ MOTION TO
v.
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DISSOLVE DISCOVERY STAY
RE: COUNTS 9, 12, & 15
NATIONAL SECURITY AGENCY, et al., )
AS MODIFIED HEREIN
)
)
Courtroom 5, Second Floor
Defendants.
)
Judge Jeffrey S. White
_______________________________________)
Pursuant to Fed. R. Civ. P. 6(b)(1) & Civil L.R. 6-2, the Government Defendants request,

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and the parties, through their undersigned counsel, hereby stipulate to and respectfully request

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the Court (1) to extend by one week the deadline for the Government Defendants’ response to

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Plaintiffs’ Motion To Dissolve the Discovery Stay Re: Counts 9, 12, & 15 (Dkt. No. 334), and

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(2) to re-schedule the hearing on Plaintiffs’ motion from February 5 to February 12, 2016.
Stipulation and [Proposed] Order to Modify Briefing Schedule and Hearing Date on Plaintiffs’ Motion to Dissolve
Discovery Stay, Jewel v. National Security Agency (08-cv-4373-JSW)

Case 4:08-cv-04373-JSW Document 335 Filed 01/13/16 Page 2 of 4

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Plaintiffs filed their motion to lift the discovery stay on January 1, 2016, and noticed a

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hearing on their motion for February 5, 2016. Pursuant to Civil L.R. 7-3(a), the Government

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Defendants’ response to Plaintiffs’ motion is currently due to be filed on January 15, 2016. The

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Government Defendants seek an extension of that deadline due to multiple pre-existing filing

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deadlines in other matters, all occurring during the first two weeks of January. The press of

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business in these other matters has made it impracticable for counsel to prepare the Government

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Defendants’ response to Plaintiffs’ motion by January 15. The Government Defendants

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therefore seek a one-week extension of that deadline to January 22, 2016. 1

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The Government Defendants also seek an equivalent one-week postponement of the

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hearing on Plaintiffs’ motion, due to the unavailability on February 5 of their lead counsel, James

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Gilligan. Mr. Gilligan’s son, who recently enlisted in the United States Marine Corps, will

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return home from boot camp for a short leave beginning January 29, 2016, and must report again

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for duty on February 8. Mr. Gilligan does not wish to be away for a two-day trip to the west

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coast during his son’s brief stay.

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There have been no prior requests to alter the briefing or hearing schedule on Plaintiffs’

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motion to lift the discovery stay. The changes requested herein should not impact the overall

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schedule of this case.

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Dated: January 13, 2016

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Respectfully Submitted,

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General

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JOSEPH H. HUNT
Director, Federal Programs Branch

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ANTHONY J. COPPOLINO
Deputy Branch Director

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By: /s/ James J. Gilligan
JAMES J. GILLIGAN
Special Litigation Counsel

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The extension of the deadline for the Government Defendants’ opposition will
correspondingly extend the deadline for Plaintiffs to file their reply from January 22 to January
29, 2016. See Civil L.R. 7-3(c).
Stipulation and [Proposed] Order to Modify Briefing Schedule and Hearing Date on Plaintiffs’ Motion to Dissolve
Discovery Stay, Jewel v. National Security Agency (08-cv-4373-JSW)

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Case 4:08-cv-04373-JSW Document 335 Filed 01/13/16 Page 3 of 4

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RODNEY PATTON
JULIA A. BERMAN
CAROLINE J. ANDERSON
Trial Attorneys
U.S. Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, N.W., Room 6102
Washington, D.C. 20001
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys for the Government Defendants
Sued in their Official Capacities
By: /s/ Richard R. Wiebe
JAMES S. TYRE
CINDY COHN
LEE TIEN
KURT OPSAHL
JAMES S. TYRE
MARK RUMOLD
ANDREW CROCKER
JAMIE L. WILLIAMS
ELECTRONIC FRONTIER FOUNDATION
454 Shotwell Street
San Francisco, CA 94110
Telephone: [phone]
Fax: [phone]
RICHARD R. WIEBE (SBN 121156)
LAW OFFICE OF RICHARD R. WIEBE
One California Street, Suite 900
San Francisco, CA 94111
Telephone: [phone]
Fax: [phone]
[e-mail]
THOMAS E. MOORE III
ROYSE LAW FIRM, PC
RACHAEL E. MENY
MICHAEL S. KWUN
BENJAMIN W. BERKOWITZ
AUDREY WALTON-HADLOCK
JUSTINA K. SESSIONS
PHILIP J. TASSIN
KEKER & VAN NEST LLP
ARAM ANTARAMIAN
LAW OFFICE OF ARAM ANTARAMIAN

Attorneys for Plaintiffs

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Stipulation and [Proposed] Order to Modify Briefing Schedule and Hearing Date on Plaintiffs’ Motion to Dissolve
Discovery Stay, Jewel v. National Security Agency (08-cv-4373-JSW)

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Case 4:08-cv-04373-JSW Document 335 Filed 01/13/16 Page 4 of 4

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DECLARATION PURSUANT TO CIVIL L.R. 5-1 AND 6-2
I, James J. Gilligan, hereby declare (1) pursuant to Civil L.R. 5-1, that I have obtained

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Plaintiffs’ concurrence in the filing of this document from Richard R. Wiebe, counsel for

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Plaintiffs, and (2) pursuant to Civil L.R. 6-2, that the reasons given above for the enlargements of

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time requested herein are true and correct.

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Executed on January 13, 2016, in Washington, D.C.

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/s/ James J. Gilligan
JAMES J. GILLIGAN

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* * * * *

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The Court grants the stipulation, as modified herein:

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PURSUANT TO STIPULATION, it is ORDERED that (1) the deadline to file the

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Government Defendants’ response to Plaintiffs’ Motion To Dissolve the Discovery Stay Re:
the reply is due on January 29, 2016
Counts 9, 12, & 15 (Dkt. No. 334) is extended from January 15 to January 22, 2016,^and (2) the

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hearing on Plaintiffs’ motion is rescheduled from February 5 to February 12, 2016.February 26, 2016.

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.

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IT IS SO ORDERED.

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Dated: January 14, 2016
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________________________________
The Hon. Jeffrey S. White
United States District Judge

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Stipulation and [Proposed] Order to Modify Briefing Schedule and Hearing Date on Plaintiffs’ Motion to Dissolve
Discovery Stay, Jewel v. National Security Agency (08-cv-4373-JSW)

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