Yesterday, Judge McMahon granted the government’s request for more time to file a summary judgment motion in response to Freedom of Information Act lawsuits from the ACLU and the New York Times concerning (among other things) a secret legal memo first reported the New York Times justifying the targeted killing of U.S. citizen Anwar al-Awlaki. The government stated that it needed more time because its “position is being deliberated at the highest level of the Executive Branch.” The government supported its request with an ex parte confidential declaration from James R. Clapper, Jr., the Director of National Intelligence. Judge McMahon granted the request but not without a small dig at the government:
Continue Reading Judge McMahon Notes Irony of Government Seeking Extension in FOIA Case for Secret Reasons

Don’t expect to push back a trial date before Judge Baer. His model scheduling order states that the month the parties choose for trial will “rarely if ever be changed.” When parties to a securities class action asked to extend the discovery deadlines by 45 days, Judge Baer’s endorsement yesterday reminded them of this rule: “I will extend discovery . . . but let me caution you again that the month you chose for trial never changes.”

Continue Reading Judge Baer Reminds Litigants: “The Month You Chose For Trial Never Changes”