Alliance of Californians for Community Empowerment et al v. Federal Housing Finance Agency

Filing 46

STIPULATION AND ORDER, Motion granted: 45 STIPULATION WITH PROPOSED ORDER TO MODIFY BRIEFING SCHEDULE. Responses due by 6/24/2014. Replies due by 7/10/2014. Signed by Judge Kandis A. Westmore on 06/19/2014. (kawlc2S, COURT STAFF) (Filed on 6/19/2014)

MELINDA HAAG (CABN 132612)
1 United States Attorney
ALEX G. TSE (CABN 152348)
2 Chief, Civil Division
REBECCA A. FALK (CSBN 226798)
3 Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
FAX: [phone]
[e-mail]

7 Attorneys for Federal Defendant
8 Linda Lye (CA SBN 215584)
Shayla Silver-Balbus (CA SBN 291607)
9 AMERICAN CIVIL LIBERTIES UNION
FOUNDATION OF NORTHERN CALIFORNIA
10 39 Drumm Street
San Francisco, CA 94111
11 Tel: [phone]
Fax: [phone]
12 [e-mail]
[e-mail]
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Rachel Goodman (admitted pro hac vice)
14 AMERICAN CIVIL LIBERTIES UNION
125 Broad Street, 18th Floor
15 New York, NY 10004
Tel: [phone]
16 Fax: [phone]
[e-mail]
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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALLIANCE OF CALIFORNIANS FOR
COMMUNITY EMPOWERMENT, et al,

) CASE NO. 13-05618 KAW
)
) JOINT STIPULATED REQUEST FOR ORDER
Plaintiffs,
) CHANGING TIME AND [PROPOSED] ORDER
)
v.
)
)
FEDERAL HOUSING FINANCE AGENCY, )
)
Defendant.
)

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JOINT STIPULATED REQUEST FOR ORDER CHANGING TIME AND [PROPOSED] ORDER
13-05618 KAW

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Defendant Federal Housing Finance Agency (“Defendant”) and Plaintiffs Alliance of

2 Californians for Community Empowerment; Housing and Economic Rights Advocates; Action United
3 Pennsylvania; Alliance for a Just Society; Urban Revival dba City Life/Vita Urbana; Colorado
4 Foreclosure Resistance Coalition; Home Defenders League; New Jersey Communities United; New
5 York Communities for Change (collectively, “Plaintiffs”), by and through their respective counsel,
6 stipulate to further extend the time for Defendant to respond to Plaintiffs’ Complaint pursuant to Civil
7 Local Rule 6-1(a) of the Northern District of California, as follows:
8

1.

On December 5, 2013, Plaintiffs filed their Complaint for Declaratory and Injunctive

9 Relief under the Freedom of Information Act (“Complaint”). Dkt. No. 1.
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2.

On February 3, 2014, Defendant filed its Answer. Dkt. No. 20.

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3.

On April 1, 2014, this Court entered briefing schedule for Cross-Motions for Summary

12 Judgment. Dkt. No. 34.
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4.

In conformance with the schedule, on May 15, 2014, Defendant filed its Motion for

14 Summary Judgment. Dkt. No. 35-39.
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5.

Also in conformance with the schedule, on June 5, 2014, Plaintiffs filed their Cross

16 Motion for Summary Judgment (Partial) and Opposition. Dkt. No. 41-43.
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6.

On June 18, 2014, Defendant discovered that during its search for records responsive to

18 Plaintiffs’ FOIA Request, its search tool did not reach all email records of one custodian. Due to these
19 extenuating circumstances and in order to correct this issue and proceed with resolution of this matter,
20 the Parties agreed to extend the time for Defendant’s submission of its Reply and Opposition from June
21 19, 2014 to June 24, 2014. Accordingly, the Parties also agreed to extend the time for submission of
22 Plaintiffs’ Reply from July 3, 2014 to July 10, 2014.
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7.

Plaintiffs wish to accommodate Defendant’s request for an extension of time to file its

24 Reply and Opposition, but have external scheduling constraints, including prior scheduling
25 commitments and the fact that lead counsel for Plaintiffs will shortly be on maternity leave, as discussed
26 with the Court during the Case Management Conference on April 1, 2014. Plaintiffs’ counsel’s last day
27 before her leave is July 18, 2014. Accordingly, the Parties respectfully request that the hearing date
28 remain on July 18, 2014 as currently ordered by the Court. The Parties further respectfully request that
JOINT STIPULATED REQUEST FOR ORDER CHANGING TIME AND [PROPOSED] ORDER
13-05618 KAW

1 any extension of time to file Defendant’s Reply and Opposition not reduce the amount of time Plaintiffs
2 would have had to prepare its Reply under the prior briefing schedule. Accordingly, and to
3 accommodate other scheduling commitments previously set by counsel for Plaintiffs, the Parties
4 respectfully request that Plaintiffs’ Reply be due July 10, 2014.
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8.

The parties hereby stipulate and respectfully request that to allow time to correct the

6 search issue and accommodate other previously set scheduling commitments, the time for Defendant’s
7 submission of its Reply and Opposition be extended to June 24, 2014 and the time for submission of
8 Plaintiffs’ Reply be extended to July 10, 2014, and, further, that the hearing on this matter remain on
9 calendar as currently scheduled for July 18, 2014.
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IT IS SO STIPULATED.

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DATED: June 18, 2014

By:
/s/ Linda Lye
LINDA LYE
Attorney for Plaintiffs

DATED: June 18, 2014

MELINDA HAAG
United States Attorney

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By:
/s/ Rebecca A. Falk
REBECCA A. FALK 1
Assistant United States Attorney
Attorneys for Federal Defendant

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I, Rebecca A. Falk, hereby attest, in accordance with the Civil L.R. 5(i)(3), the concurrence in
28 the filing of this document has been obtained from the other signatory listed here.
JOINT STIPULATED REQUEST FOR ORDER CHANGING TIME AND [PROPOSED] ORDER
13-05618 KAW

[PROPOSED] ORDER

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Pursuant to the stipulation by the parties, and good cause having been shown, it is hereby ordered

3 that the time for Defendant’s submission of its Reply and Opposition is extended to June 24, 2014 and
4 the time for submission of Plaintiffs’ Reply is extended to July 10, 2014. The hearing for this matter
5 will proceed on July 18, 2014.
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7 IT IS SO ORDERED.
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DATED: June 19, 2014

_____________________________________________
HONORABLE KANDIS A WESTMORE
UNITED STATES MAGISTRATE JUDGE

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JOINT STIPULATED REQUEST FOR ORDER CHANGING TIME AND [PROPOSED] ORDER
13-05618 KAW