Case 2:04-cv-08425 Document 134 Filed 03/26/10 3 Pages

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TONY WEST Assistant Attorney General ANDR BIROTTE, Jr. United States Attorney VINCENT M. GARVEY PAUL G. FREEBORNE W. SCOTT SIMPSON JOSHUA E. GARDNER RYAN B. PARKER U.S. Department of Justice Civil Division Federal Programs Branch P.O. Box 883 Washington, D.C. 20044 Telephone: (202) 353-0543 Facsimile: (202) 616-8460 E-mail: paul.freeborne@ usdoj.gov Attorneys for Defendants United States of America and Secretary of Defense UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION LOG CABIN REPUBLICANS, ) ) ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA AND ) ROBERT M. GATES, Secretary of ) Defense, in his official capacity, ) ) Defendants. ) ) ) ) Case No. CV 04-8425 VAP (Ex) STIPULATION RE: STAY OF OBLIGATION AND EXTENSION OF TIME TO COMPLY WITH MAGISTRATE JUDGES MARCH 16, 2010 DISCOVERY RULING Complaint filed: April 28, 2006 Trial date: June 14, 2010

WHEREAS, the Magistrate Judge ruled on March 16, 2010 that, [w]ithin
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(10) days of this Order, Defendant United States shall unqualifiedly admit or deny
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Requests for Admissions Nos. 3, 4, 5, and 81-105, the Court having overruled all
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objections thereto,
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WHEREAS Defendants are filing a Motion for Review of the Magistrate

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Judges Discovery Ruling pursuant to Local Rule 72-2.1 insofar as it concerns

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Stipulation re: Extension of Time for Defendants to Answer the First Amended Complaint

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Requests for Admission Nos. 3, 4, and 5, WHEREAS the filing of said Motion for Review of the Magistrate Judges Discovery Ruling does not automatically stay Defendants obligation to comply with the Magistrate Judges Ruling; and WHEREAS the parties have conferred through counsel in accordance with Local rule 7-3, The parties HEREBY STIPULATE AND AGREE as follows:

Defendants obligation to comply with the Magistrate Judges Discovery Ruling regarding responses to Requests for Admission Nos. 3, 4, and 5 is stayed pending the Courts ruling on Defendants Motion for Review of the Magistrate Judges Discovery Ruling;

The parties agree that Defendants will file their motion on Friday, March 26, 2010; Plaintiff will oppose Defendants Motion on Tuesday, March 30, 2010, and Defendants will file a reply in support of the motion on Thursday, April 1, 2010. The parties also agree that the matter be deemed submitted for decision upon that completion of that briefing, unless the Court determines that a hearing is necessary;

Defendants will admit Request for Admission Nos. 81, 82, and 84-104;

Defendants are unable to admit or deny Request for Admission No. 83 after reasonable inquiry, and Plaintiff will withdraw its objection to that response;

Defendant will admit Request for Admission No. 105 with respect to 23 countries.

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Stipulation re: Extension of Time for Defendants to Answer the First Amended Complaint

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/s/ Paul G. Freeborne Paul G. Freeborne U.S. Department of Justice Civil Division Federal Programs Branch P.O. Box 883 Washington, D.C. 20044 Telephone: (202) 353-0543 Facsimile: (202) 616-8202 Attorney for Defendants Dated: March 26 2010

_/s/ Dan Woods Dan Woods White & Case, LLP 633 West Fifth Street Suite 1900 Los Angeles, CA 90071 Telephone: (213) 620-7700 Facsimile: (213) 687-0758 Attorney for Plaintiff

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Stipulation re: Extension of Time for Defendants to Answer the First Amended Complaint

Case 2:04-cv-08425 Document 134-1 Filed 03/26/10 1 Page

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UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION LOG CABIN REPUBLICANS, ) ) Case No. CV 04-8425 VAP (Ex) ) ) ORDER STAYING DEFENDANTS Plaintiff, ) OBLIGATION TO RESPOND TO ) REQUEST FOR ADMISSIONS v. ) NOS. 3, 4 AND 5 PENDING THE ) COURTS RULING ON UNITED STATES OF AMERICA AND ) DEFENDANTS OBJECTIONS TO ROBERT M. GATES, Secretary of ) THE MAGISTRATES ORDER Defense, in his official capacity, ) ) Defendants. ) ) ) )

Defendants obligation to respond to Request for Admissions Nos. 3, 4 and 5 is stayed pending the Courts resolution of Defendants Motion for Review of that aspect of the Magistrate Judges March 16, 2010 order.

It is so Ordered this ____________________ day of ______________ 2010.

______________________________ Hon. Virginia A. Phillips United States District Judge

Order Extending Time for Defendants to Answer the First Amended Complaint