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American Civil Liberties Union of Northern California; San Francisco Bay Guardian v. Food and Drug Administration

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


March 14, 2012

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA; SAN FRANCISCO BAY GUARDIAN, PLAINTIFFS,
v.
FOOD AND DRUG ADMINISTRATION,
DEFENDANT.

The opinion of the court was delivered by: Samuel United States District Judge

STIPULATED REQUEST TO VACATE SUMMARY JUDGMENT BRIEFING SCHEDULE AND HEARING DATE AND SET A FURTHER CASE MANAGEMENT CONFERENCE; and [PROPOSED] ORDER

Pursuant to Civil L.R. 6-2 and 7-12, the parties submit the following stipulated request for 20 an order to vacate the cross-motions for summary judgment briefing schedule and hearing date. 21

1. On November 28, 2011, the Court approved the parties' proposed briefing schedule 22 for cross-motions for summary judgment, which was set to begin on February 10, 2012, and set a 23 hearing date for May 4, 2012. 24 2. On February 10, 2012, the Court approved the parties' request to reset the cross- 25 motions for summary judgment briefing schedule and hearing date. Accordingly, the briefing 26 schedule was reset to begin on April 11, 2012, and the hearing date was reset to July 6, 2012, at 27 10:00 a.m.

3. Defendant has completed the production under FOIA as of January 30, 2012.

Stipulated Request to Vacate Summary Judgment Briefing Schedule and Hearing Date; and [Proposed] Order C 11-3949 SC

4. The parties have met and conferred and there are no further matters in dispute except possible fees under 5 U.S.C. § 552(a)(4)(E). 3

5. Accordingly, the parties request that the Court vacate the briefing schedule and 4 hearing date reset in paragraph 2 above, and to set a case management conference approximately 5 60 days from this request. 6

6. In the interim, the parties will either file a stipulation of dismissal or bring the 7 appropriate motion regarding fees to the Court. 8 9

Dated: March 14, 2012 Respectfully submitted, 10 MELINDA HAAG United States Attorney 11 12 /s/ ILA C. DEISS Assistant United States Attorney Attorneys for Defendant 13 14 15 Dated: March 14, 2012 ________/s/___________________ 16 LINDA LYE Attorney for Plaintiffs 17 18 19

[PROPOSED] ORDER

Pursuant to the stipulation, IT IS SO ORDERED. The briefing schedule and hearing on cross-motions for summary judgment is vacated. A further Case Management Conference is set 22 for ______________________, with a joint status report seven days prior.

July 27, 2012

TES DISTRI

T N IT SO ORDERED

Conti N N R O Judge Samuel

20120314

© 1992-2012 VersusLaw Inc.



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