County of Santa Cruz, California et al v. Ashcroft et al

Filing 189

STIPULATION AND ORDER re 188 Extending Time to File Defendants' Answer. Signed by Judge Jeremy Fogel on 9/24/08. (dlm, COURT STAFF) (Filed on 9/24/2008)

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GREGORY G. KATSAS Acting Attorney General JOSEPH P. RUSSONIELLO United States Attorney ARTHUR R. GOLDBERG MARK T. QUINLIVAN (D.C. BN 442782) Assistant U.S. Attorney John Joseph Moakley U.S. Courthouse 1 Courthouse Way, Suite 9200 Boston, MA 02210 Telephone: [phone] Attorneys for Official-Capacity Defendants UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION COUNTY OF SANTA CRUZ, et al., Plaintiffs, v. MICHAEL B. MUKASEY, Attorney General of the United States; of the United States; MICHELE LEONHART, Acting Administrator of the Drug Enforcement Administration; JOHN P. WALTERS, Director of the Office of National Drug Control Policy Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Nos. C 03-1802 JF

STIPULATION AND ORDER EXTENDING TIME TO FILE DEFENDANTS' ANSWER

No Hearing requested.

The parties in the above-captioned action hereby stipulate as follows: 1. On August 20, 2008, this Court granted in part and denied in part defendants' motion to dismiss plaintiffs' Third and Fifth Causes of Action, and ordered that defendants filed an answer within 30 days. Defendants' answer currently is due on September 19, 2008. 2. Defendants need additional time to complete their answer. Among other matters, the undersigned Assistant U.S. Attorney has recently been occupied handling the following matters: (a) Drafting and filing the government's brief in In re Grand Jury, No. 08-0880, which was filed in the First Circuit on September 2, 2008; Presenting oral argument before the First Circuit in United States v. Karen Sicher, No. 07-2414, on September 8, 2008;

(b)

Stipulation and Order Extending Time to File Defendants' Answer Nos. C 03-1802 JF

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(c)

Reviewing the government's brief in United States v. Ronald Evano, No. 07-2605, which was filed in the First Circuit on September 10, 2008; Reviewing the government's brief in United States v. William Olivero, No. 07-1587, which was filed in the First Circuit on September 15, 2008; Presenting oral argument before the U.S. District Court for the District of Massachusetts in United States v. Steven B. Wilkinson, Civil Action No. 07-12061 MLW, regarding the constitutionality of the Adam Walsh Child Protection and Safety Act of 2006, codified at 18 U.S.C. § 4248, on September 15, 2008.

(d)

(e)

The undersigned Assistant U.S. Attorney will be out of the office on travel on September 18 and 19, 2008. 3. Defendants therefore request that the Court allow them an additional week, through September 26, 2008, in which to file their answer. Plaintiffs do not oppose this request. 4. Defendants also anticipate filing a motion for reconsideration or, in the alternative, to certify an interocutory appeal under 28 U.S.C. § 1292(b) and for a stay of discovery, and are discussing with counsel for the plaintiffs a schedule to propose to the Court. WHEREFORE, defendants respectfully request that this request be granted.

Stipulation and Order Extending Time to File Defendants' Answer -2Nos. C 03-1802 JF

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Stipulation and Order Extending Time to File Defendants' Answer -3Nos. C 03-1802 JF

Respectfully submitted: The Plaintiffs, /s/ Allen Hopper ALLEN HOPPER American Civil Liberties Union Foundation 1101 Pacific Avenue, Suite 553 Santa Cruz, CA 95062 [phone] The Defendants, /s/ Mark T. Quinlivan MARK T. QUINLIVAN Assistant U.S. Attorney John Joseph Moakley U.S. Courthouse 1 Courthouse Way, Suite 9200 Boston, MA 02210 [phone]

Dated: September 17, 2008

PURSUANT TO STIPULATION, IT IS SO ORDERED

________________________________ JEREMY FOGEL UNITED STATES DISTRICT JUDGE Dated: 9/24/08