Google Inc. et al v. Egger et al

Filing 289

Google Inc. et al v. Egger et al

Doc. 289

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PETER D. KEISLER Assistant Attorney General, Civil Division CARL J. NICHOLS Deputy Assistant Attorney General DOUGLAS N. LETTER Terrorism Litigation Counsel JOSEPH H. HUNT Director, Federal Programs Branch ANTHONY J. COPPOLINO Special Litigation Counsel RUPA BHATTACHARYYA Senior Trial Counsel ANDREW H. TANNENBAUM ALEXANDER K. HAAS Trial Attorneys Email: [e-mail] U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW, Rm. 6102 Washington, D.C. 20001 Phone: [phone] Fax: [phone] Attorneys for the Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) _______________________________________) ) ) This Document Relates Only To: ) ) Center for Constitutional Rights v. Bush, ) (Case No. 07-1115) _______________________________________ IN RE NATIONAL SECURITY AGENCY TELECOMMUNICATIONS RECORDS LITIGATION No. M:06-cv-01791-VRW STIPULATION AND PROPOSED ORDER TO SET BRIEFING AND HEARING SCHEDULE IN CENTER FOR CONSTITUTIONAL RIGHTS V. BUSH, CASE NO. 07-1115 Courtroom: 6, 17th Floor Judge: Hon. Vaughn R. Walker

No. M:06-cv-01791-VRW STIPULATION AND PROPOSED ORDER TO SET BRIEFING AND HEARING SCHEDULE IN CENTER FOR CONSTITUTIONAL RIGHTS V. BUSH, CASE NO. 07-1115

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On February 20, 2007, the Court issued an order granting and denying in part a motion by the United States to stay all MDL proceedings pending resolution of an appeal in Hepting v. AT&T, Case No. 06-672. See Dkt. No. 172 (06-1791). In that order, the Court directed the defendants in pending MDL cases to answer or otherwise respond to the complaint in cases as to which a stay was not agreed upon no later than March 29, 2007. Since the Defendants in the CCR case had already responded to the Complaint in that case with the pending dispositive motion, no schedule for further proceedings was set or required by the Court's February 20 Order.
No. M:06-cv-01791-VRW STIPULATION AND PROPOSED ORDER TO SET BRIEFING AND HEARING SCHEDULE IN CENTER FOR CONSTITUTIONAL RIGHTS V. BUSH, CASE NO. 07-1115 1
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RECITALS 1. Center for Constitutional Rights v. Bush, (Case No. 07-1115), is one of the

actions pending in this multi-district litigation proceeding, transferred by order of the Judicial Panel on Multi-district Litigation from the United States District Court for the Southern District of New York. This case has been brought against officers of the United States Government in their official capacities and challenges alleged intelligence activities of the National Security Agency. See CCR Complaint (Docket for 07-1115, No. 1, Part 2). 2. The transfer of the CCR case to this Court was docketed on or about February 23,

2007. See Docket No. 1 (07-1115). Prior to its transfer from the Southern District of New York, the parties in CCR had briefed respective dispositive motions. The Defendants in CCR had filed a motion to dismiss or, in the alternative, for summary judgment, based on an assertion of the state secrets privilege by the United States. See Dkt. No. 1 (07-1115) at Parts 12-15. The Plaintiffs in CCR had filed a motion for partial summary judgment. See id. at Parts 5-9. The United States District Court for the Southern District of New York held a hearing on these pending motions on September 5, 2006, but did not decide the motions prior to the transfer of this case to this Court. 3. No schedule has previously been set in this MDL proceeding for consideration of

the pending dispositive motions in the CCR case and no prior Order of the Court required any action in the CCR case.1 Thus, upon taking account of the schedule of proceedings in other MDL cases, the parties in CCR have negotiated this stipulation for any further briefing and a hearing on the motions pending in CCR.

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4.

The Defendants and Plaintiffs in CCR have reached agreement on and seek the

Court's approval of a schedule for the filing of any supplemental briefs in CCR and a hearing on pending motions in that case. Under the proposed schedule: (i) the Defendants in CCR would file a supplemental brief setting forth any additional points and authority concerning the status and disposition of the CCR case by June 8, 2007; (ii) Plaintiffs in CCR would file a response to any submission by the Defendants and their own supplemental points and authority by June 29, 2007; and (iii) Defendants would file a reply brief by July 20, 2007. 4. The parties also propose that the Court hear the pending motions in CCR on

August 9, 2007. The parties also request that the pending motions in CCR be heard separately from pending motions in other cases in this MDL proceeding that are scheduled on other dates.2 STIPULATION The Plaintiffs and Defendants in the CCR action, through their undersigned counsel, hereby stipulate to the following schedule and request that the Court make this stipulation an order of the Court: 1. On or before June 8, 2007, the Defendants in CCR will file any supplemental brief setting forth any additional points and authority concerning the status and disposition of the CCR case (07-1115). 2. On or before June 29, 2007, Plaintiffs in CCR will file a response to any submission by the Government and their own supplemental points and authority in support of their position on the pending motions. 3. 4. Defendants will file a reply brief by July 20, 2007. On August 9, 2007, at 2 p.m., oral argument will be held on the pending motions in the CCR case (07-1115).

The parties conferred with the Court's clerk and determined that the August 9 hearing date was available. However, if that date becomes unavailable, the parties request an opportunity to confer with each other and the Court before another date is set (in part because counsel for the Government is unavailable the following week).
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DATED: May 24, 2007

Respectfully Submitted, PETER D. KEISLER Assistant Attorney General, Civil Division CARL J. NICHOLS Deputy Assistant Attorney General DOUGLAS N. LETTER Terrorism Litigation Counsel JOSEPH H. HUNT Director, Federal Programs Branch ANTHONY J. COPPOLINO Special Litigation Counsel RUPA BHATTACHARYYA Senior Trial Counsel ANDREW H. TANNENBAUM ALEXANDER K. HAAS Trial Attorneys U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW Washington, D.C. 20001 Phone: [phone] -- Fax: [phone] Email: [e-mail] By: /s Anthony J. Coppolino Anthony J. Coppolino

Attorneys for Federal Defendants in their Official Capacities

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DECLARATION PURSUANT TO GENERAL ORDER 45, § X.B I, ANTHONY J. COPPOLINO, hereby declare pursuant to General Order 45, § X.B, that I have obtained the concurrence in the filing of this document from each of the other signatories listed below. I declare under penalty of perjury that the foregoing declaration is true and correct. Executed on May 24, 2007, in the City of Washington, District of Columbia. PETER D. KEISLER Assistant Attorney General, Civil Division CARL J. NICHOLS Deputy Assistant Attorney General DOUGLAS N. LETTER Terrorism Litigation Counsel JOSEPH H. HUNT Director, Federal Programs Branch ANTHONY J. COPPOLINO Special Litigation Counsel RUPA BHATTACHARYYA Senior Trial Counsel ANDREW H. TANNENBAUM ALEXANDER K. HAAS Trial Attorneys U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W., Rm. 7328 Washington, DC 20001 Telephone: [phone] -- Fax: [phone] Email: [e-mail] By: s/ Anthony J. Coppolino Anthony J. Coppolino

Attorneys for Federal Defendants in their Official Capacities By: s/ Shayana Kadidal Shayana Kadidal CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, NY 10012-2317 [phone] Attorneys for Plaintiffs

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: ________, 2007. 3. 4. 2. that: 1.

[PROPOSED] ORDER Pursuant to the foregoing stipulation, and good cause appearing, it is hereby ORDERED

On or before June 8, 2007, the Defendants in CCR will file any supplemental brief setting forth any additional points and authority concerning the status and disposition of the CCR case (07-1115). On or before June 29, 2007, Plaintiffs in CCR will file a response to any submission by the Government and their own supplemental points and authority in support of their position on the pending motions. Defendants will file a reply brief by July 20, 2007. On August 9, 2007, at 2 p.m., oral argument will be held on the pending motions in the CCR case (07-1115).

__________________________________________ Hon. Vaughn R. Walker United States District Chief Judge

No. M:06-cv-01791-VRW STIPULATION AND PROPOSED ORDER TO SET BRIEFING AND HEARING SCHEDULE IN CENTER FOR CONSTITUTIONAL RIGHTS V. BUSH, CASE NO. 07-1115

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