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

Filing 47

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)

Case4:12-cv-01013-CW Document46 Filed01/10/13 Page1 of 2

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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FIRST AMENDMENT COALITION,

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Plaintiff,

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v.
U.S. DEPARTMENT OF JUSTICE,

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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

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On July 24, 2012, the Court granted in part Defendant United

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States Department of Justice’s motion to stay this action pending

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resolution of two related cases that were then pending before the

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United States District Court for the Southern District of New

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York.

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the cross-motions for summary judgment in the instant case until

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the SDNY issued its ruling in the related cases and that, if the

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SDNY’s ruling did not render the instant case moot, the Court

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would set a hearing date on the cross-motions after that ruling

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was issued and might order supplemental briefing prior to the

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hearing.

At that time, the Court stated that it would not rule on

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Plaintiff First Amendment Coalition has now notified the

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Court that the SDNY has issued its ruling in the cases before it.1

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The Court notes that the SDNY declined to order disclosure of the

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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.

Case4:12-cv-01013-CW Document46 Filed01/10/13 Page2 of 2

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memorandum at issue in this suit and thus that the instant case

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was not rendered moot by that ruling.

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Plaintiff requests an opportunity to file a supplemental

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brief addressing the SDNY’s opinion, particularly the court’s

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discussion of in camera review of the withheld document.

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Good cause appearing, the Court grants Plaintiff’s request.

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Within two weeks of the date of this Order, Plaintiff may file a

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supplemental brief, of ten pages or less, addressing the SDNY

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ruling.

Within two weeks thereafter, Defendant shall file a

United States District Court
For the Northern District of California

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supplemental brief, of ten pages or less, responding to

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Plaintiff’s brief and addressing the SDNY ruling.

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The Court will set a hearing on the cross-motions for summary
judgment if and when necessary.
IT IS SO ORDERED.

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Dated: 1/10/2013

CLAUDIA WILKEN
United States District Judge

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