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Electronic Frontier Foundation v. Dep't of Defense

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


October 19, 2010

ELECTRONIC FRONTIER FOUNDATION, PLAINTIFF,
v.
DEPARTMENT OF DEFENSE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Susan Ilston United States District Judge

JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATE OF CASE MANAGEMENT CONFERENCE

Date: October 26, 2010

Time: 3:00 p.m.

Courtroom: 10, 19th Floor

Plaintiff Electronic Frontier Foundation (EFF) and Defendants Department of Defense, et al hereby stipulate to and respectfully request that this Court continue the date of the Case Management Conference (CMC) from October 26, 2010 to January 14, 2011, or to the Court's earliest convenience thereafter. The parties have discussed case management and have filed a proposed schedule in their Joint Case Management Statement, Dkt. No. 24, that will resolve the remaining issues in the case. Because the parties have agreed on the proposed schedule and believe they can work together over the next few months to narrow the issues, the parties do not believe a CMC is necessary at this time.

On June 10, 2010, the parties filed a stipulation and proposed order to change time for filing dispositive motions until after the CMC on July 16, 2010. The Court signed the proposed order on July 6, 2010. On July 9, 2010, the parties filed a Joint Case Management Statement and appeared for the CMC on July 16, 2010. At that time the parties informed the court that they planned to meet and confer by August 31, 2010 to determine the issues remaining in this action and to propose a timeline for the resolution of those issues. The parties met on August 30, 2010 and discussed a tentative motion schedule. On September 3, 2010, the parties filed a stipulation and proposed order to continue the CMC to allow Plaintiff time to review Department of Justice Criminal Division's final release of documents on September 30, 2010. The Court granted the motion on September 8, 2010 and continued the CMC to October 26, 2010.

The requested time modification should not adversely affect the Court's schedule because the parties have proposed a schedule for resolving the case and are in active discussions about narrowing the issues requiring the Court's attention.

Respectfully submitted,

Jennifer Lynch TONY WEST ELECTRONIC FRONTIER FOUNDATION Assistant Attorney General Jennifer Lynch, Esq. Marcia Hoffman, Esq. JOSEPH P. RUSSONIELLO 454 Shotwell Street United States Attorney San Francisco, CA 94110 Telephone: (415) 436-9333 JOHN TYLER Facsimile: (415) 436-9993 Assistant Branch Director E-mail: jlynch@eff.org Jason M. Schultz Kimberly L. Herb SAMUELSON LAW, TECHNOLOGY & Kimberly L. Herb Trial Attorney PUBLIC POLICY CLINIC United Stated Department of Justice UC Berkeley School of Law Civil Division, Federal Programs Branch 396 Simon Hall 20 Massachusetts Ave. NW Berkeley, CA 94720-7200 Washington, DC 20530 Telephone: (510) 642-0499 Telephone: (202) 305-8356 Facsimile: (510) 643-4625 Facsimile: (202) 616-8470 E-mail: jschultz@law.berkeley.edu E-mail: Kimberly.L.Herb@usdoj.gov Attorneys for Plaintiff Attorneys for Defendants

GENERAL ORDER NO. 45(X) CERTIFICATION

I attest that I have obtained Kimberly Herb's concurrence in the filing of this document.

Jennifer Lynch * * * PURSUANT TO STIPULATION, IT IS SO ORDERED.

20101019

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