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

Filing 505

ORDER by Judge Claudia Wilken Granting 504 Stipulation Regarding Settlement Judge Referral. (ndr, COURT STAFF) (Filed on 2/6/2013)

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JAMES P. BENNETT (CA SBN 65179)
[e-mail]
EUGENE ILLOVSKY (CA SBN 117892)
[e-mail]
STACEY M. SPRENKEL (CA SBN 241689)
[e-mail]
BEN PATTERSON (CA SBN 268696)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Plaintiffs
Vietnam Veterans of America; Swords to Plowshares:
Veterans Rights Organization; Bruce Price; Franklin
D. Rochelle; Larry Meirow; Eric P. Muth; David C.
Dufrane; Kathryn McMillan-Forrest; Tim Michael
Josephs; and William Blazinski

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Counsel for Defendants Listed on Signature Page
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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VIETNAM VETERANS OF AMERICA et al.,

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Plaintiffs,

Case No.

CV 09-0037-CW

STIPULATION REGARDING
SETTLEMENT JUDGE REFERRAL

v.
CENTRAL INTELLIGENCE AGENCY et al.,
Defendants.

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STIPULATION RE SETTLEMENT JUDGE REFERRAL
CASE NO. CV 09-0037-CW
sf-3246169

Complaint filed January 7, 2009

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The parties respectfully request that the Court refer them to Chief Magistrate Judge

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Elizabeth D. Laporte for a continuation of formal settlement discussions. During the April 5,

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2012 hearing regarding Plaintiffs’ Motion for Class Certification, the Court asked the parties to

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propose a Magistrate Judge to whom the case could be referred and to propose a date for a further

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settlement conference before that Magistrate Judge that would occur prior to the date for the

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hearing on the parties’ cross-motions for summary judgment, which is currently set for March 14,

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2013 at 2:00 p.m.

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Although the parties have engaged in informal settlement discussions since the April 5
hearing, and expect to continue those discussions, consistent with the Court’s request, the parties

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request that Judge Laporte continue as the settlement judge. The parties are available for a

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settlement conference on March 13, 2013 to the extent Chief Magistrate Judge Laporte is

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available on that date.

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Dated: February 5, 2013

Respectfully submitted,

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JAMES P. BENNETT
EUGENE ILLOVSKY
STACEY M. SPRENKEL
BEN PATTERSON

IAN GERSHENGORN
Deputy Assistant Attorney General
MELINDA L. HAAG
United States Attorney

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MORRISON & FOERSTER LLP

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/s/ Eugene Illovsky
EUGENE ILLOVSKY

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Attorneys for Plaintiffs

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/s/ Joshua E. Gardner
JOSHUA E. GARDNER
Senior Counsel
KIMBERLY L. HERB
LILY SARA FAREL
BRIGHAM JOHN BOWEN
JUDSON O. LITTLETON
RYAN PARKER
Trial Attorneys
U.S. Department of Justice
Civil Division, Federal Programs Branch
P.O. Box 883
Washington, D.C. 20044
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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STIPULATION RE SETTLEMENT JUDGE REFERRAL
CASE NO. CV 09-0037-CW
sf-3246169

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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Dated:

2/6/2013

The Honorable Claudia Wilken
United States District Judge

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cc: MagRef; EDL

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STIPULATION RE SETTLEMENT JUDGE REFERRAL
CASE NO. CV 09-0037-CW
sf-3246169