Sierra Club v. U.S. Department of Homeland Security et al

Filing 28

STIPULATION AND ORDER re 27 . STIPULATION WITH PROPOSED ORDER re 23 Case Management Conference - Initial, Set Deadlines/Hearings, 24 Order Setting Settlement Conference filed by U.S. Department of Homeland Security, U.S. Cu stoms and Border Protection, Sierra Club. Settlement conference is vacated. Case Management Statement due by 7/10/2018. Further Case Management Conference set for 7/17/2018 01:30 PM. Signed by Magistrate Judge Kandis A. Westmore on 3/29/18. (sisS, COURT STAFF) (Filed on 3/29/2018)

1 ANDREA ISSOD (SBN 230920)
MARTA DARBY (SBN 310690)
2 Sierra Club Environmental Law Program
2101 Webster Street, Suite 1300
3 Oakland, CA 94612
Telephone: [phone]
4 Fax: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiff Sierra Club
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ALEX G. TSE (CABN 152348)
8 Acting United States Attorney
SARA WINSLOW (DCBN 457643)
9 Chief, Civil Division
ANN MARIE REDING (CABN 226864)
10 Assistant United States Attorney
1301 Clay Street, Suite 340S
Oakland, California 94612
Telephone: [phone]
FAX: [phone]
[e-mail]

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14 Attorneys for Defendants
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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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SIERRA CLUB,
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Plaintiff,
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v.
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U.S. DEPARTMENT OF HOMELAND
SECURITY and U.S. CUSTOMS AND
BORDER PROTECTION,
Defendants.

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CASE NO. 17-cv-05273-KAW
STIPULATION AND PROPOSED ORDER
VACATING SETTLEMENT CONFERENCE AND
CONTINUING CASE MANAGEMENT
CONFERENCE

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Plaintiff Sierra Club (“Plaintiff”) and Defendants United States Department of Homeland
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Security and U.S. Customs and Border Protection (“Defendants”), by and through their respective
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counsel, make the following representations and stipulate and agree as follows:

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STIP AND PROPOSED ORDER
Case No. 17-cv-05273-KAW

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This case is currently set for a mandatory settlement conference before Magistrate Judge Maria-

2 Elena James on April 3, 2018. Dkt. No. 24. The case is also currently set for a further case
3 management conference on April 24, 2018 before Magistrate Judge Kandis A. Westmore. Dkt. No. 23.
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On March 26, 2018, the parties agreed that Defendants will conduct new searches for documents

5 responsive to Plaintiff’s Freedom of Information Act requests using search terms agreeable to both
6 parties. The parties further agreed to the following production schedule: Defendants will begin with the
7 2013 request and agrees to produce 1,000 pages per month for six months with respect to this request.
8 Defendants will make their first production of 1,000 pages by May 31 or sooner. After six months,
Defendants will continue to produce responsive non-exempt documents at a rate of 750 pages per
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month until the 2013 search is complete. Once the 2013 request has been completed, Defendants will
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produce documents responsive to the remaining requests at a rate of 750 pages per month until
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completed. If Defendants receive an unreasonably high volume of documents responsive to any of the
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requests, it will contact Plaintiff, through the parties’ respective counsel, and discuss further limitations
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to the search parameters.
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Based on the foregoing, the parties stipulate and agree that there is no need for the April 3, 2018
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settlement conference. The parties respectfully request that the settlement conference be vacated. The
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parties may request that the Court set a new settlement conference after Defendants’ productions have
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been completed, should it be necessary. The parties further respectfully request that the April 24, 2018
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case management conference be continued until July 17, 2018.
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Respectfully submitted,
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Dated: March 27, 2018
SIERRA CLUB ENVIRONMENTAL LAW PROGRAM
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/s/ Andrea Issod
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ANDREA ISSOD
Attorneys for Plaintiff
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Dated: March 27, 2018

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Respectfully submitted,
ALEX G. TSE
Acting United States Attorney
/s/ Ann Marie Reding
ANN MARIE REDING
Assistant United States Attorney
Attorneys for Defendants

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STIP AND PROPOSED ORDER
Case No. 17-cv-05273-KAW

[PROPOSED] ORDER

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Pursuant to the stipulation by the parties, the Court hereby vacates the April 3, 2018 settlement

3 conference before Magistrate Judge Maria-Elena James, and all related dates. The Court also continues
4 the April 24, 2018 case management conference to July 17, 2018 at 1:30 p.m. before Magistrate Judge
5 Kandis A. Westmore. The parties shall file a joint case management conference statement on or before
6 July 10, 2018.
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IT IS SO ORDERED.

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Dated: 3/29/18
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THE HONORABLE KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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STIP AND PROPOSED ORDER
Case No. 17-cv-05273-KAW