v. In re Petition of Jennifer Granick and Riana Pfefferkorn

Filing 52

ORDER Setting Briefing Schedule and Continuing May 3, 2018 Status Conference. Petitioners' supplemental brief is due by June 15, 2018. Government's response is due by July 6, 2018. Status Conference set for 8/16/2018 01:30 PM before Magistrate Judge Kandis A. Westmore. Signed by Judge Kandis A. Westmore on 5/1/2018. (kawlc2, COURT STAFF) (Filed on 5/1/2018)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

Case No. 16-mc-80206-KAW

8
IN RE PETITION OF JENNIFER
GRANICK AND RIANA PFEFFERKORN

9
10

ORDER SETTING BRIEFING
SCHEDULE AND CONTINUING MAY
3, 2018 STATUS CONFERENCE

United States District Court
Northern District of California

11
12
In preparing for the May 3, 2018 status conference, the Court has reviewed the motion for
13
reconsideration of the D.C. District Court's February 26, 2018 opinion in In re Leopold, Case No.
14
13-mc-712-BAH (D.D.C.), as well as the petition and the Government's response filed in In re
15

Index Newspapers LLC, Case No. 17-mc-145-RSL (W.D. Wash.).1

16
In particular, the Court finds that the Government's response in In re Index Newspapers
17
LLC articulates many of the concerns that the Court has with the instant petition, including but not
18
limited to: (1) whether Petitioners are essentially seeking structural reforms that are
19
distinguishable from the Court's general supervisory powers over its records; (2) whether the
20
failure to name a defendant raises issues of sovereign immunity; (3) whether the logic prong
21
would apply to § 2703(d), pen register and trap and trace, and Stored Communications Act orders;
22
and (4) whether there is a separate right of access to dockets where the dockets at issue are on
23
matters that are sealed. The Court also continues to have concerns that the relief sought in the
24
petition is overbroad. (See Dkt. No. 36 at 2-3.)
25
Accordingly, the Court ORDERS Petitioners to file a supplemental brief explaining why
26
27
28

1

The Court notes that the In re Index Newspapers LLC petitioners filed their reply on April 27,
2018, and that the matter will be noted for consideration on May 4, 2018. (In re Index
Newspapers LLC, Dkt. Nos. 16, 18.)

1

the petition should not be denied for the reasons stated in the Government's response in In re Index

2

Newspapers LLC by June 15, 2018. The Government shall file its response by July 6, 2018. The

3

parties may also address arguments raised in the In re Leopold motion for reconsideration. The

4

briefs shall be no more than 25 pages. The Court CONTINUES the status conference set for May

5

3, 2018 to August 16, 2018 at 1:30 p.m.

6
7

IT IS SO ORDERED.
Dated: May 1, 2018
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2