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Carolyn Jewel, Tash Hepting v. National Security Agency and Keith B. Alexander

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


August 20, 2012

CAROLYN JEWEL, TASH HEPTING,
GREGORY HICKS, ERIK KNUTZEN, AND JOICE WALTON,
PLAINTIFFS,
v.
NATIONAL SECURITY AGENCY AND KEITH B. ALEXANDER, ITS DIRECTOR IN HIS OFFICIAL AND PERSONAL CAPACITIES;
MICHAEL V. HAYDEN IN HIS PERSONAL CAPACITY; THE UNITED STATES OF AMERICA;
BARACK OBAMA, PRESIDENT OF THE UNITED STATES, IN HIS OFFICIAL CAPACITY;
GEORGE W. 20 BUSH, IN HIS PERSONAL CAPACITY;
RICHARD B. CHENEY, IN HIS PERSONAL CAPACITY;
DAVID S. ADDINGTON, IN HIS PERSONAL CAPACITY; DEPARTMENT OF JUSTICE AND
ERIC HOLDER, THE ATTORNEY GENERAL, IN HIS OFFICIAL CAPACITY;
MICHAEL B. MUKASEY, IN HIS PERSONAL CAPACITY;
ALBERTO R. GONZALES, IN HIS PERSONAL CAPACITY;
JOHN D. ASHCROFT, IN HIS PERSONAL CAPACITY;
JAMES D. CLAPPER, DIRECTOR OF NATIONAL INTELLIGENCE, IN HIS OFFICIAL CAPACITY;
JOHN M. MCCONNELL, IN HIS PERSONAL CAPACITY;
JOHN D. NEGROPONTE, IN HIS PERSONAL CAPACITY, DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Jeffrey S. White

Courtroom: 11 -- 19th Floor

PROPOSED BRIEFING SCHEDULE; [PROPOSED] ORDER STIPULATION WITH JOINT

Pursuant to the Court's order entered July 26, 2012 (ECF No. 98), and in light of the issuance of the Ninth Circuit's opinion in Al-Haramain v. Obama on August 7, 2012, the parties 2 have conferred and agree to the following briefing schedule: (1) defendants' combined cross-3 dispositive motion and opposition to plaintiffs' partial motion for summary judgment to be filed 4 on or before September 12, 2012; (2) plaintiffs' combined opposition to defendants' cross-5 dispositive motion and reply in support of their partial motion for summary judgment to be filed 6 on or before October 9, 2012; (3) defendants' reply in support of their cross-dispositive motion 7 to be filed on or before October 19, 2012; and (4) a hearing on the parties' cross-motions to 8 remain on November 2, 2012. 9 10

Date: August 10, 2012 Respectfully Submitted, 11 BETH S. BRINKMANN 12 Deputy Assistant Attorney General, Civil Division 13 JOSEPH H. HUNT Director, Federal Programs Branch VINCENT M. GARVEY 15 Deputy Branch Director 16 s/ Anthony J. Coppolino 17 ANTHONY J. COPPOLINO Special Litigation Counsel s/ Marcia Berman 19 MARCIA BERMAN Senior Trial Counsel 20 U.S. Department of Justice Civil Division, Federal Programs Branch 21 20 Massachusetts Avenue, NW, Rm. 6102 Washington, D.C. 20001 22 Phone: (202) 514-4782-Fax: (202) 616-8460 23 Attorneys for Defendants 24 25 s/ Cindy Cohn CINDY COHN (145997) 26 cindy@eff.org LEE TIEN (148216) 27 KURT OPSAHL (191303) 28 Joint Proposed Briefing Schedule Jewel, et al. v. National Security Agency, et al., Case No. 08-cv-4373-JSW -2-

I attest that I have obtained Marcia Berman's concurrence in the filing of this document.

/s/ Cindy Cohn 4 Cindy Cohn 5

6 cross-dispositive motion and opposition to plaintiffs' partial motion for summary judgment shall 7 be filed on or before September 12, 2012; (2) plaintiffs' combined opposition to defendants' 8 cross-dispositive motion and reply in support of their partial motion for summary judgment shall 9 be filed on or before October 9, 2012; (3) defendants' reply in support of their cross-dispositive 10 motion shall be filed on or before October 19, 2012; and (4) a hearing on the parties' cross-11 motions will be held on November 2, 2012. 12 13

Honorable Jeffrey S. White United States District Judge

PURSUANT TO STIPULATION, IT IS ORDERED that (1) defendants' combined

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