Vietnam Veterans of America et al v. Central Intelligence Agency et al

Filing 273

ORDER OF REFERENCE TO MAGISTRATE JUDGE AND EXTENDING BRIEFING SCHEDULE. Signed by Judge Claudia Wilken on 8/30/2011. (ndr, COURT STAFF) (Filed on 8/30/2011)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 6 7 8 VIETNAM VETERANS OF AMERICA; SWORDS TO PLOWSHARES: VETERANS RIGHTS ORGANIZATION; BRUCE PRICE; FRANKLIN D. ROCHELLE; LARRY MEIROW; ERIC P. MUTH; DAVID C. DUFRANE; TIM MICHAEL JOSEPHS; and WILLIAM BLAZINSKI, individually, on behalf of themselves and all others similarly situated, 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 No. C 09-00037 CW ORDER OF REFERENCE TO MAGISTRATE JUDGE AND EXTENDING BRIEFING SCHEDULE Plaintiffs, v. CENTRAL INTELLIGENCE AGENCY; MICHAEL J. MORRELL, Acting Director of Central Intelligence; UNITED STATES DEPARTMENT OF DEFENSE; DR. ROBERT M. GATES, Secretary of Defense; UNITED STATES DEPARTMENT OF THE ARMY; PETE GEREN, United States Secretary of the Army; UNITED STATES OF AMERICA; ERIC H. HOLDER, Jr., Attorney General of the United States; UNITED STATES DEPARTMENT OF VETERANS AFFAIRS; and ERIC K. SHINSEKI, UNITED STATES SECRETARY OF VETERANS AFFAIRS, Defendants. ________________________________/ 21 22 Defendants Central Intelligence Agency and its Acting 23 Director Michael J. Morrell (collectively, CIA), and Defendants 24 Department of Defense and its Secretary Leon Panetta and 25 Department of the Army and its Secretary John McHugh 26 (collectively, DoD) move for a protective order limiting 27 discovery. 28 1 The Court will decide the CIA’s motion for a protective order 2 based on the arguments contained in sections I.A and I.B of the 3 motion. 4 Veterans of America, et al., have outstanding claims for notice 5 and health care and, if so, whether these claims should be decided 6 on an administrative record. 7 Jacqueline Scott Corley the balance of the CIA’s motion, which 8 concerns the appropriate scope of discovery of the CIA with 9 respect to claims against other Defendants, and the entirety of These sections address whether Plaintiffs Vietnam The Court refers to Magistrate Judge United States District Court For the Northern District of California 10 the DoD’s motion. 11 place of appearance by notice from the assigned Magistrate Judge. 12 Counsel will be advised of the date, time and Pursuant to the parties’ stipulation, Plaintiffs’ response to 13 the CIA’s and the DoD’s motions shall be due August 31, 2011, and 14 the CIA and the DoD shall reply by September 9, 2011. 15 need not file separate opposition and reply briefs in light of the 16 Court’s referral order, so long as their arguments are divided 17 appropriately. The parties 18 The Court will hear its portion of the CIA’s motion on 19 September 29, 2011 at 2:00 p.m., unless the matter is decided on 20 the papers. 21 IT IS SO ORDERED. 22 23 24 Dated: 8/30/2011 CLAUDIA WILKEN United States District Judge 25 26 27 28 cc: JCS 2

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