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Electronic Frontier Foundation v. Office of the Director of National Intelligence

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO


July 17, 2008

ELECTRONIC FRONTIER FOUNDATION, PLAINTIFF,
v.
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE AND UNITED STATES DEPARTMENT OF JUSTICE DEFENDANTS,

The opinion of the court was delivered by: Honorable Jeffrey S. White United States District Judge

STIPULATION TO EXTEND TIME TO FILE MOTION FOR SUMMARY JUDGMENT AND [PROPOSED] ORDER

THE PARTIES HEREBY STIPULATE, pursuant to Local Rules 6-1(b) and 7-12, that the filing deadline for defendants to file their motion for summary judgment shall be reset from August 1, 2008 to November 7, 2008, and that the accompanying briefing schedule be also reset. In support of this stipulation the parties state the following:

1. On June 20, 2008, this Court ordered the following briefing schedule: opening brief on August 1, 2008; opposition and cross-motion on August 15, 2008; 2 opposition to cross and reply on August 29, 2008; and reply on September 12, 2008. The Court further set the hearing for the motions for October 3, 2008 at 4 9:00 a.m. See Dkt. No. 55.

2. Subsequent to setting this briefing schedule, this Court found that Electronic Frontier Foundation v. Office of the Director of National Intelligence and United States Department of Justice, C 08-2997 (JSW) was related to the above 8 captioned case. See Dkt. No. 59.

3. Extending the summary judgment deadline to November 7, 2008, will enable defendants to file one consolidated summary judgment motion pursuant to Federal Rule of Civil Procedure 42(a)(1) for the two related cases.

4. With the extension of the summary judgment deadline, defendants will be able to complete, barring unforeseen circumstances, the processing of Plaintiff's FOIA requests that are the subject of C 08-2997 (JSW) by September 26, 2008, and make interim responses by August 14, 2008 and September 4, 2008. Should unforeseen circumstances make it impracticable for defendants to comply with this schedule, the plaintiff shall consider in good faith proposals to stipulate to any necessary extensions.

Plaintiff's agreement will not be unreasonably withheld. In the event that any extension to this production schedule becomes necessary, the parties agree to stipulate to a court ordered production schedule.

5. By entering this stipulation, plaintiff does not waive, and hereby reserves the right to argue that the agreed upon production schedule for C 08-2997 (JSW) constitutes a complainant having substantially prevailed for purposes of 5 U.S.C. § 552(a)(4)(E).

6. Defendants assert that without extending the deadline for defendants' summary judgment motion in the above captioned case, they would not be able to meet this schedule agreed upon by the parties.

7. The parties thereby stipulate between themselves and propose to the Court that defendants file a consolidated summary judgment motion pursuant to Federal Rule of Civil Procedure 42(a)(1) by November 7, 2008; plaintiff files its opposition brief and cross-motion for summary judgment, if any, by November 21, 2008; defendants file their opposition brief, if any, and reply by December 9, 2008; plaintiff files its reply, if any, by December 16, 2008; and the Court notice the hearing on the cross-motions for summary judgment for January 9, 2008, or for another date at the Court's convenience.

8. This schedule will facilitate the resolution of both actions and promote judicial efficiency.

9. The parties have not previously moved to extend the schedule set by the Court in 14 its June 20, 2008 Minute Order, Dkt. No. 55.

Dated: July 15, 2008 Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General ELIZABETH J. SHAPIRO Assistant Director, Federal Programs Branch /S/ Adam D. Kirschner ADAM D. KIRSCHNER (IL Bar No. 6286601) Trial Attorney, U.S. Department of Justice Civil Division, Federal Programs Branch Massachusetts Ave., N.W., Room 7126 Washington, D.C. 20530 Telephone: (202) 353-9265 Facsimile: (202) 616-8470 E-mail: Adam.Kirschner@usdoj.gov 25 Attorneys for Defendants

David L. Sobel (pro hac vice) ELECTRONIC FRONTIER FOUNDATION 1875 Connecticut Ave. NW Suite 650 Washington, DC 20009 Telephone: (202) 797-9009 x104 Facsimile: (202) 707-9066 Kurt Opsahl, Esq. 6 Marcia Hofmann, Esq. ELECTRONIC FRONTIER FOUNDATION 454 Shotwell Street San Francisco, CA 94110 Telephone: (415) 436-9333 Facsimile: (415) 436-9993 Attorneys for Plaintiff

ELECTRONIC FRONTIER FOUNDATION GENERAL ORDER NO. 45(X) CERTIFICATION

I attest that I have obtained Kurt Opsahl's concurrence in the filing of this document.

Adam D. Kirschner

PURSUANT TO STIPULATION, IT IS ORDERED that the deadline for defendants' consolidated motion for summary judgment for C 08-1023 (JSW) and C 08-2997 (JSW) be set for November 7, 2008; the deadline for plaintiff to file its opposition brief and cross-motion for summary judgment, if any, be set for November 21, 2008; the deadline for defendants to file their opposition brief, if any, and reply be set for December 9, 2008; the deadline for plaintiff to file its reply, if any, be set for December 16, 2008.

It is FURTHER ORDERED that the Hearing on Cross-Motions for Summary Judgment is set for January 9, 2008 at 9:00 a.m.

20080717

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