Free Proposed Order - District Court of California - California

Case 3:07-cv-03758-SC

Document 151

Filed 02/27/2008

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JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JOSEPH P. RUSSONIELLO Interim United States Attorney RICHARD LEPLEY Assistant Branch Director DANIEL BENSING D.C. Bar No. 334268 JAMES SCHWARTZ D.C. Bar No. 468625 KYLE R. FREENY California Bar No. 247857 Attorneys United States Department of Justice Civil Division, Federal Programs Branch P.O. Box 883 Washington, D.C. 20044 Telephone: (202) 305-0693 Facsimile: (202) 616-8460 Email: [email protected] Attorneys for Defendants Hon. James B. Peake, the U.S. Department of Veterans Affairs, Hon. James P. Terry, Hon. Daniel L. Cooper, Bradley G. Mayes, Hon. Michael J. Kussman, Ulrike Willimon, the United States of America, Hon. Michael B. Mukasey, and Hon. William P. Greene, Jr. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO VETERANS FOR COMMON SENSE and ) VETERANS UNITED FOR TRUTH, ) ) Plaintiffs, ) ) v. ) ) Hon. JAMES B. PEAKE, Secretary of ) Veterans Affairs, et al., ) ) Defendants. ) ) ____________________________________ )

No. C 07-3758-SC PROPOSED ORDER CONTINUING HEARING ON CHIEF JUDGE GREENE'S MOTION TO DISMISS AND ON MOTION FOR PROTECTIVE ORDER

UPON CONSIDERATION of plaintiffs' Administrative Motion for Adequate Time to Respond to New Legal Argument Raised on Reply, defendants' Response thereto and the who record herein, it is hereby ORDERED that, on or before March 28, 2008 plaintiffs may file a Sur-Reply to defendants' Reply Memorandum in support of Chief Judge Greene's Motion to Dismiss, D.E.

Defendants' Proposed Order on Plaintiffs' Motion to File Sur-Reply ( No. C 07-3758-SC)

Case 3:07-cv-03758-SC

Document 151

Filed 02/27/2008

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140, provided however that such Sur-Reply shall be limited to addressing the issue of judicial immunity; and it is FURTHER ORDERED that defendants may file a Response to plaintiffs' Sur-Reply by April 4, 2008 and it is FURTHER ORDERED that the hearing on Chief Judge Greene's Motion to Dismiss shall be continued to April ___, 2008; and it is FURTHER ORDERED that the hearing on the Motion for Protective Order to Stay Discovery from the U.S. Court of Appeals for Veterans Claims shall be continued to the same date as the hearing on Chief Judge Greene's Motion to Dismiss and Chief Judge Greene shall not be required to respond to any discovery prior to that hearing.

_______________________________ Date

_________________________________________ SAMUEL CONTI Senior United States District Judge

Defendants' Proposed Order on Plaintiffs' Motion to File Sur-Reply ( No. C 07-3758-SC)

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