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Stipulation to Extend Further CMC

C 08-5408 SC

TONY WEST

Assistant Attorney General

JOHN R. TYLER

ISAAC R. CAMPBEL

United States Department of Justice

Civil Division, Federal Programs Branch

20 Massachusetts Avenue, NW, Room 6130

Washington, D.C. 20530

Tel: (202) 616-8476

Fax: (202) 616-8460

JOSEPH P. RUSSONIELLO (SBN 44332)

United States Attorney

JOANN M. SWANSON (SBN 88143)

Chief, Civil Division

ILA DEISS (NYSBN 3052909)

Assistant United States Attorney

450 Golden Gate Avenue, 9th Floor

San Francisco, California 94102-3495

Telephone: (415) 436-7124

Facsimile: (415) 436-6748

Email: ila.deiss@usdoj.gov

Attorneys for Defendants

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

TRI-VALLEY CARES,

Plaintiff,

v.

UNITED STATES DEPARTMENT OF

ENERGY and NATIONAL NUCLEAR

SECURITY ADMINISTRATION,

Defendants.

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No. C 08-05408 SC

STIPULATION TO EXTEND

FURTHER STATUS CONFERENCE;

and [PROPOSED] ORDER

CMC Date: February 19, 2010

The Plaintiff, by and through their attorney of record, and Defendants, by and through

their attorneys of record, hereby stipulate in accordance with Civ. L. Rule 6-2, to extend the

further status conference in this case, currently scheduled for February 19, 2010, to March 19,

2010, based on the following:

1. The basis asserted by Plaintiff for this Court's jurisdiction is under the Freedom of 

Case 3:08-cv-05408-SC Document 18 Filed 02/17/10 Page 1 of 3
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Stipulation to Extend Further CMC

C 08-5408 SC 2

Information Act ("FOIA"), 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1331.

2. On March 20, 2009, the Court scheduled a further status conference for December 4,

2009.

3. Due to the attorney for the Defendants’ unavailability on that day, the parties asked

that the further status conference be reset to February 19, 2010. 

4. Defendants’ final FOIA disclosures were sent to Plaintiff on February 5, 2010, and 

Plaintiff just received them on February 12, 2010. 

5. In order to give Plaintiff a chance to review the final disclosures and determine if an

appeal of the redactions and the completeness of the production is necessary, and for the parties

to attempt to narrow the scope of the litigation, and find dates for cross-motions for summary

judgment to propose to the Court, the parties respectfully ask for a 30-day extension of time for

the further case management conference, to March 19, 2010.

6. There has been only one previous joint extension request and this request is not for the

purposes of delay.

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Stipulation to Extend Further CMC

C 08-5408 SC 3

7. The parties understand that any further requests to change time will be disfavored.

Therefore, the parties respectfully ask this Court to re-schedule the further status

conference to March 19, 2010, with a case management statement one week prior. 

Dated: February 12, 2010 Respectfully submitted,

JOSEPH P. RUSSONIELLO

United States Attorney

 /s/

ILA C. DEISS

Assistant United States Attorney

Attorneys for Defendants

Dated: February 12, 2010 __________/s/_________________

SCOTT J. YUNDT

Attorney for Plaintiff

ORDER

Based on the foregoing, the further status conference is reset to March 19, 2010 at 10:00

a.m., with a Case Management Statement due one week prior.

Dated: _________________________

SAMUEL CONTI

United States District Judge

February 16, 2010

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Samuel Conti

Case 3:08-cv-05408-SC Document 18 Filed 02/17/10 Page 3 of 3