Case :0-cv-000-CW Document Filed 0/0/ Page of 0 0 BENJAMIN C. MIZER Principal Deputy Assistant Attorney General BRIAN STRETCH United States Attorney ANTHONY J. COPPOLINO Deputy Branch Director SUSAN K. ULLMAN District of Columbia Bar No. Senior Trial Counsel Civil Division, Federal Programs Branch U.S. Department of Justice 0 Massachusetts Ave., NW Washington, D.C. 00 Telephone: (0) -00 Facsimile: (0) -0 E-mail: susan.ullman@usdoj.gov Attorneys for Defendants Counsel for Plaintiffs Listed on Signature Page VIETNAM VETERANS OF AMERICA, et al., v. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION Plaintiffs, CENTRAL INTELLIGENCE AGENCY, et al., Defendants. Case No. CV 0-00-CW (EDL) STIPULATION (THIRD) TO ENLARGE INJUNCTION SUBMISSION DEADLINES AND [PROPOSED] ORDER Pursuant to Federal Rule of Civil Procedure (b)() and Civil Local Rule -, the parties, by and through undersigned counsel, hereby respectfully move to enlarge the Court s medical care injunction submission deadlines, as explained below. In accordance with Civil L.R. -(a), this stipulation is supported by the Declaration (Second) of Susan Ullman ( Ullman nd Decl. ), filed herewith, and is filed with the proposed order below. NO. C 0- CW
Case :0-cv-000-CW Document Filed 0/0/ Page of 0 0 On January, 0, the Ninth Circuit issued an amended opinion that reversed the Court s denial of injunctive relief compelling the provision of medical care by the Army. See ECF No. 0. On February, 0, the Court ordered the parties to meet and confer regarding the Ninth Circuit s opinion and to submit either a stipulated injunction by March, 0, or competing proposed injunctions along with a brief from each party supporting its respective proposal by March, 0. See ECF No.. The parties promptly began the meet and confer process, but sought an extension of the deadlines to submit injunctions, which the Court granted. See ECF Nos.,. On April, 0, the parties sought an additional extension of the Court s deadlines to June, 0 for a stipulated injunction, or to June, 0 for competing proposed injunctions. The parties have now agreed to mediation in a further attempt to fashion an appropriate injunction or potentially to resolve the case through a settlement. See Ullman nd Decl.. The parties have selected a private mediator and a mediation is tentatively scheduled for June, 0 in the District of Columbia. Id.. Accordingly, the parties jointly request an extension to the Court s injunction submission deadlines as follows, and submit that there is good cause for the requested enlargement of time: Extend the current deadline to submit a stipulated medical care injunction from: June, 0 to July, 0; Extend the current deadline to submit competing proposed injunctions and supporting briefs (if necessary) from June, 0 to July 0, 0. There have been twenty-nine previous time modifications in this case. Because the Court has not set any other deadlines in this case, the requested enlargements of time will not otherwise affect the case schedule. NO. C 0- CW
Case :0-cv-000-CW Document Filed 0/0/ Page of Dated: May, 0 Respectfully submitted, BENJAMIN C. MIZER Principal Deputy Assistant Attorney General BRIAN STRETCH United States Attorney ANTHONY J. COPPOLINO Deputy Director, Federal Programs Branch 0 /s/ Ben Patterson /s/ Susan K. Ullman JAMES P. BENNETT (CA SBN ) SUSAN K. ULLMAN JBennett@mofo.com District of Columbia Bar No. STACEY M. SPRENKEL (CA SBN ) Senior Trial Counsel SSprenkel@mofo.com U.S. Department of Justice BEN PATTERSON (CA SBN ) Civil Division, Federal Programs Branch BPatterson@mofo.com 0 Massachusetts Ave., NW GRANT C. SCHRADER (CA SBN ) Washington, D.C. 00 GSchrader@mofo.com Telephone: (0) -00 MORRISON & FOERSTER LLP Facsimile: (0) -0 Market Street E-mail: susan.ullman@usdoj.gov San Francisco, California 0- Telephone:..000 Attorneys for Defendants Facsimile:.. Attorneys for Plaintiffs 0 NO. C 0- CW
Case :0-cv-000-CW Document Filed 0/0/ Page of PURSUANT TO STIPULATION, IT IS SO ORDERED. 0 0 Dated: June, 0 The Honorable Claudia Wilken United States District Court for the Northern District of California IT IS SO ORDERED UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Judge Claudia Wilken NO. C 0- CW
Case :0-cv-000-CW Document Filed 0/0/ Page of Attestation Pursuant to Civil Local Rule - I, Susan K. Ullman, am the ECF User whose ID and password are being used to file this document. I hereby attest that Ben Patterson concurs in this filing. 0 0 Date: // /s/ Susan K. Ullman Susan K. Ullman NO. C 0- CW