In re National Security Agency Telecommunications Records Litigation

Filing 663

STIPULATION and Proposed Order to Modify and Extend the Current Schedule in Al-Haramain v. Obama (07-cv-109-VRW) by Keith B. Alexander(its Director), Federal Bureau of Investigation, Robert S. Mueller, III, National Security Agency, Barack Obama, Office of Foreign Assets Control, Adam J Szubin. (Coppolino, Anthony) (Filed on 7/31/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 MICHAEL F. HERTZ Deputy Assistant Attorney General DOUGLAS N. LETTER Terrorism Litigation Counsel JOSEPH H. HUNT Director, Federal Programs Branch VINCENT M. GARVEY Deputy Branch Director ANTHONY J. COPPOLINO Special Litigation Counsel MARCIA BERMAN Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW, Rm. 6102 Washington, D.C. 20001 Phone: (202) 514-4782--Fax: (202) 616-8460 Attorneys for the Government Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) _______________________________________) ) ) This Document Solely Relates To: ) Al-Haramain Islamic Foundation of Oregon, et ) al. v. Obama, et al. (07-cv-109-VRW) ) _______________________________________) IN RE NATIONAL SECURITY AGENCY TELECOMMUNICATIONS RECORDS LITIGATION No. M:06-cv-01791-VRW STIPULATION TO MODIFY AND EXTEND THE CURRENT SCHEDULE Date: September 1, 2009 Time: 10:00 a.m. Courtroom: 6, 17th Floor Chief Judge Vaughn R. Walker Pursuant to Local Rule 6.1, the parties, through their undersigned counsel, hereby 21 stipulate to and seek the Court's approval of a modification to the current briefing and hearing 22 schedule for plaintiffs' motion for partial summary judgment as set forth in the Court's Order of 23 July 2, 2009 (Dkt. 98 in 07-cv-109-VRW). 24 RECITALS 25 1. After a hearing in this action on June 3, 2009, the Court directed the plaintiffs to file a 26 motion for summary judgment and set a hearing on plaintiffs' motion for September 1, 2009. 27 See June 5, 2009 Order, Dkt. 96. The Court directed that plaintiffs' motion must be based on 28 Stipulation to Modify and Extend the Briefing Schedule Al-Haramain v. Obama, 07-cv-109-VRW (M:06-cv-01791-VRW) 1 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 non-classified evidence and that if "defendants rely upon Sealed Document or other classified evidence in response, the court will enter a protective order and produce such classified evidence" to certain of plaintiffs' counsel. Id. at 2. 2. On July 2, 2009, the Court approved the parties' stipulated briefing schedule giving: (i) plaintiffs until July 10, 2009 to file a motion for summary judgment; (ii) defendants until August 5, 2009 to oppose the motion; and (iii) plaintiffs until August 19, 2009 to reply. 3. Plaintiffs filed a partial motion for summary judgment on July 9, 2009. See Dkt. 99. 4. Counsel for the Government Defendants has conferred with counsel for plaintiffs and sought agreement on a short two-week extension of the briefing schedule and a modification of the hearing date due to the press of business and other scheduling conflicts arising after the plaintiffs filed their motion.1 To facilitate this agreement, counsel for Government Defendants advised plaintiffs' counsel that the Government does not presently anticipate submitting classified information in support of the Government's position in response to plaintiffs' motion or with any cross motion. 5. No prior modifications of the briefing schedule or hearing with regard to plaintiffs' instant motion for partial summary judgment have been sought or entered. L.R. 6-2(a)(2). 6. The requested time modification would adjust the time for the Government's response (or any cross motion), Plaintiffs' reply (or any opposition), and the hearing date, but would have no other impact on the schedule in this case. L.R. 6-2(a)(3). 7. The parties request that the Court change the hearing date on the matter from Counsel for the Government advised plaintiffs that the Government's response time was impacted by the need for Government counsel to present oral argument in two matters on July 15, 2009 (before this Court in the Jewel action) and July 22, 2009 (in another action), as well as other business and personal commitments. Stipulation to Modify and Extend the Briefing Schedule Al-Haramain v. Obama, 07-cv-109-VRW (M:06-cv-01791-VRW) 2 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Tuesday, September 1, 2009 to Friday, September 25, 2009 at 10:00 am.2 STIPULATION Pursuant to L.R. 6.1, the parties, through their undersigned counsel, hereby stipulate and agree to the following modification to the briefing schedule and hearing on plaintiffs' partial motion for summary judgment, and request that the Court enter the proposed order below as an order of the Court. 1. The Government Defendants' response to plaintiffs' partial motion for summary judgment (and any cross motion) is due on August 20, 2009. 2. Plaintiffs' reply in support of their motion (and opposition to any cross motion) is due on September 8, 2009. 3. If the Government Defendants file a cross motion, any reply in support thereof would be due on September 14, 2009. 4. The matter will be heard on Friday, September 25, 2009 at 10:00 a.m. DATED: July 31, 2009 Respectfully Submitted, MICHAEL F. HERTZ Acting Assistant Attorney General DOUGLAS N. LETTER Terrorism Litigation Counsel JOSEPH H. HUNT Director, Federal Programs Branch VINCENT M. GARVEY Deputy Branch Director s/ Anthony J. Coppolino ANTHONY J. COPPOLINO Special Litigation Counsel MARCIA BERMAN Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW, Rm. 6102 15 16 17 18 19 20 21 22 23 24 25 26 27 28 We note this is not the Court's usual day to hear motions, but seek the Court's approval of a Friday hearing in this case to accommodate the parties' pre-existing schedules. Stipulation to Modify and Extend the Briefing Schedule Al-Haramain v. Obama, 07-cv-109-VRW (M:06-cv-01791-VRW) 3 2 1 2 Washington, D.C. 20001 Phone: (202) 514-4782--Fax: (202) 616-8460 Attorneys for the Government Defendants 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 Stipulation to Modify and Extend the Briefing Schedule Al-Haramain v. Obama, 07-cv-109-VRW (M:06-cv-01791-VRW) 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 July 31, 2009, in the City of Washington, District of Columbia. MICHAEL F. HERTZ Acting Assistant Attorney General DOUGLAS N. LETTER Terrorism Litigation Counsel JOSEPH H. HUNT Director, Federal Programs Branch VINCENT M. GARVEY Deputy Branch Director ANTHONY J. COPPOLINO Special Litigation Counsel MARCIA BERMAN Trial Attorney By: s/ Anthony J. Coppolino ANTHONY J. COPPOLINO U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW, Rm. 6102 Washington, D.C. 20001 Phone: (202) 514-4782--Fax: (202) 616-8460 Attorneys for the Government Defendants 18 19 20 21 22 23 24 25 26 27 28 Stipulation to Modify and Extend the Briefing Schedule Al-Haramain v. Obama, 07-cv-109-VRW (M:06-cv-01791-VRW) 5 By: s/ Jon B. Eisenberg per G.O. 45 JON B. EISENBERG California Bar No. 88278 (jon@eandhlaw.com) Eisenberg & Hancock LLP 1970 Broadway, Suite 1200 Oakland, CA 94612 510.452.258l Fax 510.452.3277 Counsel for Plaintiffs Al-Haramain Islamic Foundation, Inc., Wendell Belew, and Asim Ghafoor 1 2 3 4 5 6 7 8 9 10 11 12 13 Dated: __________, 2009. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. that: [PROPOSED] ORDER Pursuant to the foregoing stipulation, and good cause appearing, it is hereby ORDERED 1. The Government Defendants' response to plaintiffs' partial motion for summary judgment (and any cross motion) is due on August 20, 2009. 2. Plaintiffs' reply in support of their motion (and opposition to any cross motion) is due on September 8, 2009. 3. If the Government Defendants file a cross motion, any reply in support thereof would be due on September 14, 2009. 4. The matter will be heard on Friday, September 25, 2009 at 10:00 a.m. __________________________________________ Hon. Vaughn R. Walker United States District Chief Judge Stipulation to Modify and Extend the Briefing Schedule Al-Haramain v. Obama, 07-cv-109-VRW (M:06-cv-01791-VRW) 6

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