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

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 PARR BROWN GEE & LOVELESS, P.C. ELIZABETH J. SHAPIRO 101 South 200 East, Suite 700 Deputy Director, Federal Programs Branch 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 [email protected] P.O. Box 883 KUNZLER BEAN & ADAMSON, P.C. Washington, DC 20044 4225 Executive Square, Suite 600 Phone: (202) 514-4520 La Jolla, California 92037 [email protected] 619-371-5511 8 Attorneys for Defendants Attorneys for Plaintiff UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA BIOSCIENCE ADVISORS, INC., Civil Action No. 4:21-CV-0866-HSG 13 Plaintiff, STIPULATION AND ORDER v. REGARDING LEAVE TO FILE 14 EXCESS PAGES UNITED STATES SECURITIES AND EXCHANGE COMMISSION, et al., Defendants.

Plaintiff and Defendants (“parties”), by and through undersigned counsel, hereby submit the following Stipulation requesting that the Court enter an order providing leave for Defendants to file a memorandum in excess of the page limit set forth in Local Rule 7-2(b). In support of this stipulation, the parties state as follows: 1. Pursuant to the Court’s May 16, 2022 Order, ECF No. 56, Defendants’ motion for summary judgment is currently due on May 24, 2022.

2. Pursuant to Local Rule 7-2(b), a motion and accompanying memorandum of points and authorities may not exceed 25 pages without leave of court.

3. Plaintiff’s Second Amended Complaint in this action advances four claims for relief under the Administrative Procedure Act (“APA”) and the Freedom of Information Act (“FOIA”) against two separate government agencies, and many the claims raise multiple distinct issues.

1 example, Plaintiff’s First Claim for Relief challenges both the National Archives and Records Administration’s approval of the challenged records schedule and the SEC’s adoption of that records schedule, and Plaintiff’s Fourth Claim for Relief challenges the SEC’s response to hundreds of FOIA requests submitted by Plaintiff.

5 4. Due to the number of issues raised in the Second Amended Complaint, Defendants believe that they need additional pages in order to fully brief each of these issues, and that the Court would benefit from that additional briefing.

8 5. The parties have agreed, subject to the Court’s approval, that Defendants may file a memorandum of points and authorities in support of their motion for summary judgment of up to 35 pages.

IT IS SO STIPULATED THIS 24TH DAY OF MAY 2022: KUNZLER BEAN & ADAMSON, PC BRIAN M. BOYNTON Principal Deputy Assistant Attorney General /s/ Chad S. Pehrson Civil Division Chad S. Pehrson KUNZLER BEAN & ADAMSON, P.C. ELIZABETH J. SHAPIRO 4225 Executive Square, Suite 600 Deputy Director, Federal Programs Branch La Jolla, California 92037 619-371-5511 /s/ Alexandra R. Saslaw [email protected] ALEXANDRA R. SASLAW 18 Trial Attorney PARR BROWN GEE & LOVELESS United States Department of Justice Robert S. Clark Civil Division, Federal Programs Branch 101 South 200 East, Suite 700 P.O. Box 883 Salt Lake City, Utah 84111 Washington, DC 20044 Telephone: (801) 532-7840 Phone: (202) 514-4520 [email protected] [email protected] Attorneys for Plaintiff Attorneys for Defendants ORDER AES DISTRICS | ey SON || Dated: 5/24/2022 DEN wh \ Alapwe A LINE A judge Baywood SSE ’ LY > LSS ISTRIC