Bioscience Advisors, Inc. v. United States Securities and Exchange Commission

Opinion

1 R rcO larB kE @R pT a rS r. b C roL wA nR .cK om (C BN 93634) B PrR inIA ciN pa lM D. eB pO utY y N AT ssO isN tan t Attorney General 2 PARR BROWN GEE & LOVELESS, P.C. ELIZABETH J. SHAPIRO 101 South 200 East, Suite 700 Deputy Director, Federal Programs Branch 3 Salt Lake City, Utah 84111 ALEXANDRA R. SASLAW (SBN 318610) Telephone: (801) 532-7840 Trial Attorney 4 United States Department of Justice CHAD S. PEHRSON (CBN 261829) Civil Division, Federal Programs Branch 5 cpehrson@kba.law P.O. Box 883 KUNZLER BEAN & ADAMSON, P.C. Washington, DC 20044 6 4225 Executive Square, Suite 600 Phone: (202) 514-4520 7 La Jolla, California 92037 alexandra.r.saslaw@usdoj.gov 619-371-5511 8 Attorneys for Defendants Attorneys for Plaintiff 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 BIOSCIENCE ADVISORS, INC., Civil Action No. 4:21-CV-0866-HSG 13 Plaintiff, STIPULATION AND ORDER v. REQUESTING EXTENSION OF TIME 14 TO FILE DEFENDANTS’ MOTION UNITED STATES SECURITIES AND FOR SUMMARY JUDGMENT & 15 EXCHANGE COMMISSION, et al., MODIFICATION OF OTHER DEADLINES 16 Defendants. 17 Plaintiff and Defendants (“parties”), by and through undersigned counsel, hereby submit the 18 following Stipulation requesting that the Court enter an order providing for a one-week extension of 19 time for Defendants to file their motion for summary judgment, and a corresponding extension of 20 the deadlines for Plaintiffs’ response and Defendants’ reply. The parties are not requesting a 21 continuance of the hearing on this motion, which is currently scheduled for July 28, 2022. 22 In support of this request, the parties state as follows: 23 1. Pursuant to the Court’s March 21, 2022 Scheduling Order, ECF No. 46, Defendants’ 24 motion for summary judgment and the corresponding administrative record are currently due on 25 May 17, 2022. 26 2. Defendants represent that despite working diligently to prepare the administrative 27 record and the motion for summary judgment, Defendants have encountered some delays in 1 drafting the motion for summary judgment due to the variety of claims and the volume of FOIA 2 requests at issue in this litigation. Accordingly, Defendants requested Plaintiff’s consent to stipulate 3 to a one-week extension of Defendants’ deadline to file their motion for summary judgment. 4 Plaintiff has agreed to Defendants’ request as a courtesy. 5 3. The parties have agreed, subject to the Court’s approval, that Defendants’ deadline 6 to file their motion for summary judgment should be extended by one week, to May 24, 2022. 7 4. The parties have also agreed, subject to the Court’s approval, that Plaintiff’s deadline 8 to file their opposition to Defendants’ motion shall be extended to June 22, 2022, and that 9 Defendants’ deadline to file their reply brief shall be extended to July 13, 2022. 10 5. The parties are not presently seeking a continuance of the hearing currently 11 scheduled for July 28, 2022, at 2:00 PM, see Order, ECF No. 53, unless the Court believes that such 12 continuance is necessary or desirable in light of the requested extensions. 13 6. The parties have not previously sought or received an extension of the deadlines set 14 out in the Court’s March 21, 2022 Scheduling Order. 15 For these reasons, the parties hereby stipulate that, subject to this Court’s approval, 16 Defendants shall file the administrative record and their motion for summary judgment by May 24, 17 2022; Plaintiff shall file its opposition by June 22, 2022; and Defendants shall file their reply by July 18 13 2022. 19 IT IS SO STIPULATED THIS 13TH DAY OF MAY 2022: 20 KUNZLER BEAN & ADAMSON, PC BRIAN M. BOYNTON 21 Principal Deputy Assistant Attorney General 22 /s/ Chad S. Pehrson Civil Division Chad S. Pehrson 23 KUNZLER BEAN & ADAMSON, P.C. ELIZABETH J. SHAPIRO 4225 Executive Square, Suite 600 Deputy Director, Federal Programs Branch 24 La Jolla, California 92037 619-371-5511 /s/ Alexandra R. Saslaw____ 25 cpehrson@kba.law ALEXANDRA R. SASLAW 26 Trial Attorney PARR BROWN GEE & LOVELESS United States Department of Justice 27 Robert S. Clark Civil Division, Federal Programs Branch 1 1 S0 al1 t S Lo aku eth C 2 it0 y0 , UEa tas ht, 8S 4u 1it 1e 1 7 00 P W.O as. h B ino gx t o8 n8 ,3 D C 20044 Telephone: (801) 532-7840 Phone: (202) 514-4520 2 rclark@parrbrown.com alexandra.r.saslaw@usdoj.gov 3 Attorneys for Plaintiff Attorneys for Defendants 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 ORDER 2 Pursuant to Stipulation, it is ORDERED that: 3 1. Defendant shall file the Administrative Record and Motion for Summary Judgment on 4 or before May 24, 2022; 5 2. Plaintiff shall file its Opposition on or before June 22, 2022; and ° 3. Defendant shall file its Reply on or before July 13, 2022. 7 8 Dated: 5/16/2022 Aspe 3 bl) ° 9 HAYWOOD S. GILLIAM, JR. 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1 DECLARATION PURSUANT TO LOCAL RULE 5-1(i)(3) 2 Pursuant to Local Rule 5-1(i)(3), the undersigned filer declares that concurrence in the filing 3 of this document has been obtained from the other signatory to this document. 4 I declare under penalty of perjury that the foregoing is true and correct. Executed this 13th day of May, 2022. 5 6 /s/ Alexandra R. Saslaw___ ALEXANDRA R. SASLAW 7 Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 8 P.O. Box 883 Washington, DC 20044 9 Phone: (202) 514-4520 alexandra.r.saslaw@usdoj.gov 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27