Freedom of the Press Foundation v. United States Department of Justice

Northern District of California, cand-4:2015-cv-03503

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{25}} Stipulation Concerning Briefing Schedule.

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1 BENJAMIN C. MIZER Principal Deputy Assistant Attorney General 2 MARCIA BERMAN 3 Assistant Branch Director ANDREW M. BERNIE, D.C. Bar No. 995376 4 Trial Attorney United States Department of Justice 5 Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW 6 Washington, D.C. 20530 7 Telephone: (202) 616-8488 Facsimile: (202) 616-8470 8 Email: andrew.m.bernie@usdoj.gov 9 Attorneys for Defendant 10 11 UNITED STATES DISTRICT COURT 12 FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 FREEDOM OF THE PRESS FOUNDATION,) Civil Action No. 15-cv-03503-HSG) 15 Plaintiff,) STIPULATION CONCERNING) BRIEFING SCHEDULE AND 16) ORDER v.) 17) UNITED STATES DEPARTMENT OF) 18 JUSTICE,)) 19 Defendant.)) 20) 21 22 23 24 25 26 27 28 STIPULATION CONCERNING BRIEFING SCHEDULE AND [PROPOSED] ORDER CASE NO. 15-CV-03503-HSG 1 Pursuant to Local Rule 7-12, and this Court's January 20, 2016 order in the above- 2 captioned case, Plaintiff Freedom of the Press Foundation ("FPF") and Defendant Department of 3 Justice ("DOJ" or "Defendant") hereby stipulate and agree as follows: 4 1. On January 19, 2016, this Court held a Case Management Conference in this case. 5 2. After that Case Management Conference, this Court entered an order directing 6 7 Defendant to prepare a draft Vaughn index explaining and justifying its withholding of records in 8 response to FPF's Freedom of Information Act ("FOIA") request under applicable FOIA 9 exemptions, and to exchange that index with FPF on or before March 21, 2016. See Doc. 24. This 10 Court further directed the parties to meet and confer regarding a proposed briefing schedule in this 11 case, and to submit a stipulation and proposed order. Id. 12 3. Accordingly, the parties have agreed to, and request that the Court approve, the 13 below schedule in this case: 14 15 a. On or before March 30, 2016, FPF shall inform Defendant whether it believes 16 motions practice will be necessary and, if so, the specific withholdings it intends to 17 challenge. 18 b. On or before April 1, 2016, the parties shall file a Joint Case Management Statement 19 informing the Court as to whether motions practice will be necessary. 20 c. If motions practice is deemed necessary by the parties, then the following briefing 21 schedule will apply: 22 23 i. May 9, 2016 for Defendant's motion for summary judgment. 24 ii. June 10, 2016 for FPF's opposition to Defendant's motion, and any cross- 25 motion for summary judgment by FPF. 26 iii. July 1, 2016 for Defendant's reply in support of Defendant's motion for 27 28 STIPULATION CONCERNING BRIEFING SCHEDULE AND [PROPOSED] ORDER CASE NO. 15-CV-03503-HSG 1 summary judgment and opposition to FPF's cross-motion if a cross-motion 2 is filed. 3 iv. July 25, 2016 for FPF's reply in support of FPF's cross-motion if a cross- 4 motion is filed. 5 4. Accordingly, the parties respectfully request that the Court order the proposed 6 7 schedule set forth above. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION CONCERNING BRIEFING SCHEDULE AND [PROPOSED] ORDER CASE NO. 15-CV-03503-HSG 1 DATED: January 21, 2016 Respectfully submitted, 2 BENJAMIN C. MIZER 3 /s/ Principal Deputy Assistant Attorney General Marcia Hofmann 4 Law Office of Marcia Hofmann MARCIA BERMAN 25 Taylor Street Assistant Director, Federal Programs Branch 5 San Francisco, CA 94102 Telephone: (415) 830-6664 /s/ 6 ANDREW M. BERNIE (D.C. Bar #995376) D. Victoria Baranetsky (pro hac vice) Trial Attorney 7 601 Van Ness Ave. U.S. Department of Justice Suite E731 Civil Division, Federal Programs Branch 8 San Francisco, CA 94102 20 Massachusetts Ave., N.W. Telephone: (415) 767-5566 Washington, D.C. 20530 9 Telephone: (202) 616-8488 ATTORNEYS FOR PLAINTIFF Facsimile: (202) 616-8470 10 FREEDOM OF THE PRESS FOUNDATION E-mail: andrew.m.bernie@usdoj.gov 11 ATTORNEYS FOR DEFENDANT DEPARTMENT OF JUSTICE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION CONCERNING BRIEFING SCHEDULE AND [PROPOSED] ORDER CASE NO. 15-CV-03503-HSG 1 ORDER 2 Upon stipulation of the parties, the Court hereby orders the following schedule in this 3 matter: 4 a. On or before March 30, 2016, FPF shall inform Defendant whether it believes 5 motions practice will be necessary and, if so, the specific withholdings it intends to 6 7 challenge. 8 b. On or before April 1, 2016, the parties shall file a Joint Case Management Statement 9 informing the Court as to whether motions practice will be necessary. 10 c. If motions practice is deemed necessary by the parties, then the following briefing 11 schedule will apply: 12 i. May 9, 2016 for Defendant's motion for summary judgment. 13 ii. June 10, 2016 for FPF's opposition to Defendant's motion, and any cross- 14 15 motion for summary judgment by FPF. 16 iii. July 1, 2016 for Defendant's reply in support of Defendant's motion for 17 summary judgment and opposition to FPF's cross-motion if a cross-motion 18 is filed. 19 iv. July 25, 2016 for FPF's reply in support of FPF's cross-motion if a cross- 20 motion is filed. 21 PURSUANT TO STIPULATION, IT IS SO ORDERED except that the hearing on the motion will 22 23 be on August 11, 2016 at 2:00 p.m. 24 Date: 1/21/2016 25 ________________________________ 26 HON. HAYWOOD S. GILLIAM JR, United States District Judge 27 28 STIPULATION CONCERNING BRIEFING SCHEDULE AND [PROPOSED] ORDER CASE NO. 15-CV-03503-HSG 1 DECLARATION PURSUANT TO CIV. L.R. 5-1(i)(3) 2 I, Andrew M. Bernie, declare that I have obtained the concurrence in the filing of this 3 Stipulation Concerning Briefing Schedule and [Proposed] Order from Marcia Hofman and Victoria 4 Baranetsky, counsel for Plaintiff in this matter. 5 I declare under penalty of perjury that the foregoing is true and correct. 6 7 Executed on January 21, 2016 in Washington, D.C. 8 9 /s/ ANDREW M. BERNIE (D.C. Bar #995376) 10 Trial Attorney U.S. Department of Justice 11 Civil Division, Federal Programs Branch 20 Massachusetts Ave., N.W. 12 Washington, D.C. 20530 Telephone: (202) 616-8488 13 Facsimile: (202) 616-8470 E-mail: andrew.m.bernie@usdoj.gov 14 COUNSEL FOR DEFENDANT 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION CONCERNING BRIEFING SCHEDULE AND [PROPOSED] ORDER CASE NO. 15-CV-03503-HSG