Knight First Amendment Institute at Columbia University et al v. Trump et al
Filing
28
JOINT LETTER MOTION for Conference re: proposed summary judgment briefing schedule addressed to Judge Naomi Reice Buchwald from Michael H. Baer dated 09/25/2017. Document filed by Daniel Scavino, Sean M Spicer, Donald J. Trump. (Attachments: # 1 Stipulation)(Baer, Michael)
U.S. Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., NW
Washington, DC 20530
September 25, 2017
Via ECF and by Fax
The Hon. Naomi Reice Buchwald
United States District Court
Southern District of New York
500 Pearl Street
New York, NY 10007
Re: Knight First Amendment Institute at Columbia University, et al. v. Trump, et al.,1
No. 17-cv-5205 (NRB)
Dear Judge Buchwald,
The parties in the above-referenced matter write to update the Court on the status of their
negotiations following the August 15, 2017, telephone conference with the Court and to propose
a schedule for further proceedings in the case. At that conference, the Court noted that it might be
possible for the parties to reach agreement on a set of stipulated facts that would govern any
forthcoming dispositive motions. Consistent with that suggestion, the parties have reached
agreement on the attached set of stipulated facts that would permit both sides to move for summary
judgment without the need for discovery or briefing on preliminary motions, including plaintiff’s
proposed motion for preliminary relief. The parties have agreed to stipulate to the attached facts
for the duration of this litigation only; the facts are not intended to bind the parties in future cases.
In light of the stipulated facts and the agreement of the parties to proceed to summary
judgment, the parties jointly propose the following schedule for further proceedings:
Defendants’ Motion for Summary Judgment
Plaintiffs’ Opposition and Cross-Motion
Defendants’ Reply and Opposition
Plaintiffs’ Reply
October 13, 2017
November 3, 2017
November 13, 2017
November 22, 2017
Should the Court accept this proposal, the parties request leave to file memoranda of law
and reply memoranda within the following page limits:
1
Sarah Huckabee Sanders, White House Press Secretary, and Hope Hicks, White House Communications Director,
are substituted for Sean Spicer as defendants in this case pursuant to Federal Rule of Civil Procedure 25(d).
2
Defendants’ Motion for Summary Judgment
Plaintiffs’ Opposition and Cross-Motion
Defendants’ Reply and Opposition
Plaintiffs’ Reply
25 pages
35 pages
25 pages
15 pages
In light of the parties’ proposal to proceed directly to summary judgment on the basis of
the attached stipulated facts, the parties request that the Court stay both the requirement that
Defendants file an answer to the Complaint, which otherwise would be due September 29, 2017,
and the parties’ obligations under Rules 16 and 26, until 30 days after the resolution of any
forthcoming dispositive motions.
For these reasons, the parties respectfully request that the Court schedule a pre-motion
conference to discuss the parties’ proposal. Should the Court accept the parties’ proposed schedule
and page limits, the parties have no further issues to address at a pre-motion conference.
Respectfully submitted,
Jessica Ring Amunson (pro hac vice)
Tassity S. Johnson (pro hac vice)
Jenner & Block LLP
1099 New York Avenue, NW, Suite 900
Washington, DC 20001
/s/ Jameel Jaffer
Jameel Jaffer (JJ-4653)
Katherine Fallow (application for admission
pending)
Alex Abdo (AA-0527)
Knight First Amendment Institute
at Columbia University
314 Low Library
535 West 116th Street
New York, NY 10027
(212) 854-9600
Jameel.Jaffer@knightcolumbia.org
Counsel for Plaintiffs
CHAD A. READLER
Acting Assistant Attorney General
ERIC R. WOMACK
Assistant Branch Director
/s/ Michael H. Baer
MICHAEL H. BAER
DANIEL HALAINEN
Trial Attorneys
U.S. Department of Justice,
3
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, NW
Washington, DC 20530
Telephone:
(202) 305-8573
Facsimile:
(202) 616-8460
E-mail: Michael.H.Baer@usdoj.gov
Counsel for Defendants
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