Eisenhauer v. Secretary of the Army

Filing 13

ORDER on STIPULATION re 12 Relieving the parties from the 26(f) conference, initial disclosures and Joint Status Report, signed by Judge Ronald B. Leighton. (DN)

Honorable Ronald B. Leighton

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MICHAEL D. EISENHAUER,
Plaintiff,

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v.

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No. C11-5344 RBL

SECRETARY OF THE ARMY,
Defendant.

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AGREED STIPULATION FOR RELIEF
OF 26(F) CONFERENCE, INITIAL
DISCLOSURES AND JOINT STATUS
REPORT

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Plaintiff Michael D. Eisenhauer, filed the above-captioned lawsuit under the Freedom of

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Information Act (the “FOIA”) and the Privacy Act against the Secretary of the Army (“Army”)

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seeking the disclosure of certain documents.

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On May 6, 2011, this Court issued an Order setting a joint status conference in this case by

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July 21, 2011, initial disclosures for July 28, 2011, and requiring that a joint status report to be

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filed by August 4, 2011.

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The parties agree that this case constitutes “an action for review on an administrative

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record” under FRCP rule 26 (a)(1)(B)(i), and is exempt from the initial disclosure requirements

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of FRCP rule 26 (a)(1), as well as from the requirements of FRCP Rule 26 (f), requiring the

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parties to prepare a discovery plan.
AGREED STIPULATION FOR RELIEF
26 (F) CONFERENCE, INITIAL
DISCLOSURES AND JOINT STATUS REPORT – 1
(C11-5344-RBL)

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101-1271
[phone]

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Accordingly, through their counsel of record, Mr. Eisenhauer and the Army hereby

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STIPULATE AND AGREE that this case constitutes “an action for review on an administrative

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record” under FRCP rule 26 (a)(1)(B)(i), and is exempt from the Initial Disclosure requirements

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of FRCP rule 26 (a)(1), as well as from the requirements of FRCP Rule 26 (f), requiring the

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parties to prepare a discovery plan.

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SO STIPULATED.

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DATED this 20th day of July, 2011.

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Respectfully submitted,
JENNY A. DURKAN
United States Attorney

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s/Kayla C. Stahman
KAYLA C. STAHMAN, CABA #228931
Assistant United States Attorney
United States Attorney’s Office
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]

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SO STIPULATED.

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DATED this 20th day of July, 2011.

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s/ Brian H. Schempf
Bryan H. Schempf
JONES BLECHMAN WOLTZ & KELLY PC
701 TOWN CENTER DR STE 800
Newport News, Virginia 23606
Phone: [phone]
Email: [e-mail]

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s/ Denice Moewes
Denice Elizabeth Moewes
WOOD & JONES
303 N 67th Street
Seattle, Washington 98103
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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AGREED STIPULATION FOR RELIEF
26 (F) CONFERENCE, INITIAL
DISCLOSURES AND JOINT STATUS REPORT – 2
(C11-5344-RBL)

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101-1271
[phone]

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It is hereby ORDERED that:
The parties are released from the initial disclosure requirements of FRCP rule 26 (a)(1), as

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well as from the requirements of FRCP Rule 26 (f), requiring the parties to prepare a discovery

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plan.

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Dated this 21st day of July, 2011.

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A

RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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AGREED STIPULATION FOR RELIEF
26 (F) CONFERENCE, INITIAL
DISCLOSURES AND JOINT STATUS REPORT – 3
(C11-5344-RBL)

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101-1271
[phone]