Witt v. Department of the Air Force et al

Filing 121

ORDER on STIPULATION re 99 striking the 8/16/10 mediation deadline, signed by Judge Ronald B. Leighton. (DN)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Stip and Order Regarding Settlement & Mediation
No. C06-5195 1

Honorable Ronald B. Leighton

UNITED STATES DISTRICT COURT WESTERN WASHINGTON AT TACOMA DIVISION MAJOR MARGARET WITT, Plaintiff, v. UNITED STATES DEPARTMENT OF THE AIR FORCE; ET AL., Defendants. No. C06-5195 RBL STIPULATION AND ORDER REGARDING SETTLEMENT CONFERENCE AND MEDIATION PER CR 39.1(C)(3)

I.

STIPULATION

Over the past couple of weeks, the parties have engaged in good faith attempts to negotiate a settlement of this action, but were unable to reach a resolution. Given the fact that the parties engaged in good faith to resolve the case and given the significance of the constitutional issues at stake, the parties do not believe that the case is suitable for mediation. Currently, the deadline for mediation pursuant to Rule 39.1(c)(3) is August 16, 2010. See September 2, 2009 Minute Order Setting Trial, Pretrial Dates and Ordering Mediation (Dkt. No. 54) at 1 (hereinafter "September 2 Minute Order").

ACLU OF WASHINGTON FOUNDATION 901 Fifth Avenue 630 Seattle, Washington 98164 [phone]

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Accordingly, the parties to this action, by and through their respective attorneys of record, hereby stipulate and agree that the deadline for mediation by August 16, 2010, shall be stricken from the September 2 Minute Order.

Respectfully submitted, DATED this 21st day of July, 2010. AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION By: _/s/ Sarah A. Dunne_________________ Sarah A. Dunne, WSBA #34869 Sher S. Kung, WSBA #42077 901 Fifth Avenue #630 Seattle, WA 98164 Tel: [phone] [e-mail] [e-mail] CARNEY BADLEY SPELLMAN James Lobsenz, WSBA #8787 701 5th Ave Ste 3600 Seattle, WA 98104-7010 Tel. [phone] [e-mail] Attorneys for Plaintiff DATED this 21st day of July, 2010. U.S. DEPARTMENT OF JUSTICE By: _/s/ Peter J. Phipps_________________ Peter J. Phipps Bryan R. Diederich Stephen J. Buckingham United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., N.W. Washington, D.C. 20001 Tel: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Defendants

Stip and Order Regarding Settlement & Mediation
No. C06-5195 2

ACLU OF WASHINGTON FOUNDATION 901 Fifth Avenue 630 Seattle, Washington 98164 [phone]

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II.

ORDER

Based on the foregoing stipulation and good cause shown, it is hereby ORDERED that the August 16, 2010 mediation deadline is stricken from the September 2 Minute Order. IT IS SO ORDERED. Dated this 26th day of July, 2010

A
RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE Presented by: DATED this 21st day of July, 2010. AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION By: _/s/ Sarah A. Dunne_________________ Sarah A. Dunne, WSBA #34869 Sher S. Kung, WSBA #42077 901 Fifth Avenue #630 Seattle, WA 98164 Tel: [phone] [e-mail] [e-mail] CARNEY BADLEY SPELLMAN James Lobsenz, WSBA #8787 701 5th Ave Ste 3600 Seattle, WA 98104-7010 Tel. [phone] [e-mail] Attorneys for Plaintiff Stip and Order Regarding Settlement & Mediation
No. C06-5195 3
ACLU OF WASHINGTON FOUNDATION 901 Fifth Avenue 630 Seattle, Washington 98164 [phone]

DATED this 21st day of July, 2010. U.S. DEPARTMENT OF JUSTICE By: _/s/ Peter J. Phipps_________________ Peter J. Phipps Bryan R. Diederich Stephen J. Buckingham United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., N.W. Washington, D.C. 20001 Tel: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Defendants