First Amendment Coalition v. U.S. Department of Justice

Filing 46

ORDER SETTING SCHEDULE FOR FURTHER BRIEFING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge Claudia Wilken on 1/10/2013. (ndr, COURT STAFF) (Filed on 1/10/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 FIRST AMENDMENT COALITION, 5 Plaintiff, 6 7 v. U.S. DEPARTMENT OF JUSTICE, 8 9 No. C 12-1013 CW ORDER SETTING SCHEDULE FOR FURTHER BRIEFING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT Defendant. ________________________________/ United States District Court For the Northern District of California 10 On July 24, 2012, the Court granted in part Defendant United 11 States Department of Justice’s motion to stay this action pending 12 resolution of two related cases that were then pending before the 13 United States District Court for the Southern District of New 14 York. 15 the cross-motions for summary judgment in the instant case until 16 the SDNY issued its ruling in the related cases and that, if the 17 SDNY’s ruling did not render the instant case moot, the Court 18 would set a hearing date on the cross-motions after that ruling 19 was issued and might order supplemental briefing prior to the 20 hearing. At that time, the Court stated that it would not rule on 21 Plaintiff First Amendment Coalition has now notified the 22 Court that the SDNY has issued its ruling in the cases before it.1 23 The Court notes that the SDNY declined to order disclosure of the 24 25 26 1 27 28 Plaintiff first notified the Court that the SDNY issued its ruling on January 2, 2013 and later filed a second notice, stating that the SDNY issued a revised order on January 3, 2013. See Docket Nos. 43 and 44. 1 memorandum at issue in this suit and thus that the instant case 2 was not rendered moot by that ruling. 3 Plaintiff requests an opportunity to file a supplemental 4 brief addressing the SDNY’s opinion, particularly the court’s 5 discussion of in camera review of the withheld document. 6 Good cause appearing, the Court grants Plaintiff’s request. 7 Within two weeks of the date of this Order, Plaintiff may file a 8 supplemental brief, of ten pages or less, addressing the SDNY 9 ruling. Within two weeks thereafter, Defendant shall file a United States District Court For the Northern District of California 10 supplemental brief, of ten pages or less, responding to 11 Plaintiff’s brief and addressing the SDNY ruling. 12 13 14 The Court will set a hearing on the cross-motions for summary judgment if and when necessary. IT IS SO ORDERED. 15 16 17 Dated: CLAUDIA WILKEN United States District Judge 18 19 20 21 22 23 24 25 26 27 28 2

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