US Right to Know v. United States Department of Education

Filing 23

ORDER (AS MODIFIED) granting 22 Stipulation Continuing Initial Case Management Conference: Joint Case Management Statement due by 12/8/2021. Initial Case Management Conference set for 12/15/2021 10:00 AM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/ dmr General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copyin g of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Signed by Magistrate Judge Donna M. Ryu on 9/7/21. (ig, COURT STAFF) (Filed on 9/7/2021). Modified on 9/7/2021 (ig, COURT STAFF).

Case 4:20-cv-09117-DMR Document 23 Filed 09/07/21 Page 1 of 3

1 STEPHANIE M. HINDS (CABN 154284)
Acting United States Attorney
2 SARA WINSLOW (DCBN 457643)
Chief, Civil Division
3 SAVITH IYENGAR (CABN 268342)
Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
San Francisco, CA 94102-3495
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Telephone: [phone]
FAX: [phone]
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[e-mail]
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Attorneys for Defendant
8 U.S. DEPARTMENT OF EDUCATION
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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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US RIGHT TO KNOW,

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Plaintiff,

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v.
UNITED STATES DEPARTMENT OF
EDUCATION,
Defendant.

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No. 20-cv-09117-DMR
STIPULATION TO CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE;
ORDER (AS MODIFIED)

Plaintiff US Right to Know (“Plaintiff”) and defendant United States Department of Education

19 (“Defendant” or “Education Department”), by and through their undersigned counsel, hereby
20 STIPULATE and respectfully REQUEST that the Court continue the parties’ initial case management
21 conference (“CMC”) set for September 15, 2021 at 1:30 p.m. until December 15, 2021 at 1:30 p.m.
22 This stipulation is based on the following facts:
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1.

This action, filed on December 17, 2020 under the Freedom of Information Act

24 (“FOIA”), concerns one FOIA request that Plaintiff directed to the Education Department, dated July 6,
25 2020. ECF No. 1 ¶ 35; ECF No. 11 ¶ 35. The request seeks certain records that the University of Texas
26 System (“UT”) submitted to the Education Department pursuant to the Education Department’s request.
27 ECF No. 1 ¶ 36 & Ex. B. As the parties previously reported to the Court, since the filing of the lawsuit,
28 the Education Department has answered the complaint, the parties have met and conferred regarding the
STIPULATION AND ORDER (AS MODIFIED)
20-CV-09117-DMR

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Case 4:20-cv-09117-DMR Document 23 Filed 09/07/21 Page 2 of 3

1 FOIA request and the collection and processing of records, including by telephone and email, Defendant
2 completed the process of locating potentially responsive records, and the parties stipulated to a schedule
3 for processing these records and working in good faith to resolve all issues in this case, ECF No. 20,
4 which this Court entered as an order of the Court on April 15, 2021 (“Order”). ECF No. 21.
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2.

Since that time, the Education Department has timely made monthly productions of

6 records in accordance with the Order. These productions are ongoing. Accordingly, the parties stipulate
7 and respectfully request that the Court continue the parties’ initial CMC by three (3) months, from
8 September 15, 2021 until December 15, 2021, so that the parties can continue this process, as set forth in
9 the Order.
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SO STIPULATED.

Respectfully submitted,

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STEPHANIE M. HINDS
Acting United States Attorney

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13 Dated: September 3, 2021

By:

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/s/ Savith Iyengar
SAVITH IYENGAR
Assistant United States Attorney
Attorney for Defendant

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THE LAW OFFICES OF CHARLES M. TEBBUTT, P.C.

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17 Dated: September 3, 2021

By:

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**/s/ Daniel C. Snyder
DANIEL C. SNYDER
Attorneys for Plaintiff
** Pursuant to Civ. L.R. 5-1(i)(3), the filer of the document
has obtained approval from this signatory.

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STIPULATION AND ORDER (AS MODIFIED)
20-CV-09117-DMR

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Case 4:20-cv-09117-DMR Document 23 Filed 09/07/21 Page 3 of 3

ORDER (AS MODIFIED)

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IT IS HEREBY ORDERED that the Case Management Conference currently set for

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September 15, 2021 at 1:30 p.m. is continued until December 15, 2021 at 10:00 a.m. in Oakland,

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by Zoom videoconference. The parties shall submit a joint case management conference statement
by
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UNIT
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September 7
7 Dated: ___________, 2021

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5 December 8, 2021.

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STIPULATION AND ORDER (AS MODIFIED)
20-CV-09117-DMR

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DONNA M. RYU
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D I S TMagistrate Judge
United States R I C T