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TONY WEST

Assistant Attorney General

JOHN TYLER

Assistant Director, Federal Programs Branch

MARCIA BERMAN (PA Bar No. 66168)

Senior Counsel, U.S. Department of Justice

Civil Division, Federal Programs Branch

20 Massachusetts Ave., N.W., Room 7132

Washington, D.C. 20530

Telephone: (202) 514-2205

Facsimile: (202) 616-8470

Email: marcia.berman@usdoj.gov

Attorneys for Defendants

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO

__________________________________________) Nos. 08-2997, 08-1023 JSW

ELECTRONIC FRONTIER FOUNDATION, )

) STIPULATION TO CONTINUE

Plaintiff, ) CASE MANAGEMENT

) CONFERENCE

v. )

)

OFFICE OF THE DIRECTOR OF NATIONAL )

INTELLIGENCE and UNITED STATES )

DEPARTMENT OF JUSTICE )

)

Defendants, )

__________________________________________)

THE PARTIES HEREBY STIPULATE, pursuant to Local Rules 6-1(b), 6-2, and 7-12,

that the Case Management Conference currently set for July 2, 2010, shall be continued to July

23, 2010. In support of this stipulation, the parties state the following:

1. On May 3, 2010, the United States Court of Appeals for the Ninth Circuit issued

the mandate in this case, giving effect to the Ninth Circuit’s judgment entered on

Stipulation to Continue Case Management Conference , Case Nos. 08-2997, 08-1023 (JSW)

Case3:08-cv-01023-JSW Document115 Filed06/23/10 Page1 of 6

AND ORDER THEREON

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February 9, 2010. In that opinion, the Ninth Circuit vacated this Court’s denial of

summary judgment for the Government and grant of summary judgment for

plaintiff EFF as to FOIA Exemptions 3 and 5, and remanded for consideration of

these exemptions consistent with the court’s opinion.

2. On May 5, 2004, the Court set a Case Management Conference for July 2, 2010,

at 1:30 p.m. 

3. The parties have been actively discussing this case. Defendants agreed to provide

revised Vaughn indexes to EFF showing the information that the Government is

currently withholding, and EFF agreed to inform the Government which of the

current withholdings EFF is challenging. Defendants produced the revised

Vaughn indexes, along with some discretionary releases, to EFF, and EFF is

currently conducting its review. The parties believe that this process will be

beneficial in proposing a briefing schedule to the Court and in having a

productive Case Management Conference, and therefore stipulate to continue the

Case Management Conference for three weeks to allow the completion of this

process.

4. Accordingly, to promote judicial efficiency and facilitate resolution of this

litigation, the parties stipulate to continue the Case Management Conference from

July 2, 2010 to July 23, 2010, at 1:30 p.m. or a time convenient for the Court.

Dated: June 23, 2010 Respectfully submitted,

TONY WEST

Assistant Attorney General

JOHN TYLER

Assistant Director, Federal Programs Branch

/s/ Marcia Berman 

MARCIA BERMAN (PA Bar No. 66168)

Senior Counsel, U.S. Department of Justice

Stipulation to Continue Case Management Conference , Case Nos. 08-2997, 08-1023 (JSW)

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GENERAL ORDER NO. 45(X) CERTIFICATION

I attest that I have obtained Marcia Hofmann’s concurrence in the filing of this

document.

/s/ Marcia Berman 

MARCIA BERMAN 

PURSUANT TO STIPULATION, IT IS ORDERED that the Case Management

Conference is continued from July 2, 2010 to July 23, 2010, at 1:30 p.m. or a time convenient for

the Court. The joint case management conference statement shall be due on or before July 16,

2010.

DATED: ___________________ _______________________________________

Honorable Jeffrey S. White

United States District Judge

Stipulation to Continue Case Management Conference , Case Nos. 08-2997, 08-1023 (JSW)

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Case3:08-cv-01023-JSW Document115 Filed06/23/10 Page4 of 6

June 23, 2010

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