Knight First Amendment Institute at Columbia University et al v. Trump et al

Filing 29

ORDER: terminating #28 Letter Motion for Conference. The parties proposed schedule and page limits are acceptable to the Court. Motion due by 10/13/2017. Response due by 11/13/2017. Cross Motion due by 11/3/2017. Reply due by 11/22/2017. (Signed by Judge Naomi Reice Buchwald on 9/26/2017) (ap)

Case 1:17-cv-05205-NRB Document 29 Filed 09/26/17 Page 1 of 3
Case 1:17-cv-05205-NRB Document 28 Filed 09/25/17 Page 1of3
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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

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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 plaintiffs
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:

' 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).

Case 1:17-cv-05205-NRB Document 29 Filed 09/26/17 Page 2 of 3

Case 1:17-cv-05205-NRB Document 28 Filed 09/25/17 Page 2 of 3
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Defendants' Motion for Summary Judgment
Plaintiffs' Opposition and Cross-Motion
Defendants' Reply and Opposition
Plaintiffs' Reply

25
35
25
15

pages
pages
pages
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

Isl 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
[phone]
Jam eel .J [e-mail]
Counsel for Plaintif.Js

CHAD A. READLER
Acting Assistant Attorney General
ERIC R. WOMACK
Assistant Branch Director

Isl Michael H. Baer
MICHAEL H. BAER
DANIEL HALAINEN
Trial Attorneys
U.S. Department of Justice,

Case 1:17-cv-05205-NRB Document 29 Filed 09/26/17 Page 3 of 3

Case 1:17-cv-05205-NRB Document 28 Filed 09/25/17 Page 3 of 3
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Civil Division, Federal Programs Branch
20 Massachusetts A venue, NW
Washington, DC 20530
Telephone:
[phone]
[phone]
Facsimile:
E-mail: [e-mail]

Counsel for Defendants