US Right to Know v. United States Defense Advanced Research Projects Agency

STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
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CRAIG H. MISSAKIAN (CABN 125202)
United States Attorney
PAMELA T. JOHANN (CABN 145558)
Chief, Civil Division
JEVECHIUS D. BERNARDONI (CABN 281892)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: (415) 436-7224
Facsimile: (415) 436-6748
jevechius.bernardoni@usdoj.gov
Attorneys for Federal Defendant
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
US RIGHT TO KNOW, a California Non-
Profit Corporation,
Plaintiff,
v.
UNITED STATES DEFENSE ADVANCED
RESEARCH PROJECTS AGENCY,
Defendant.
Case No. 3:22-cv-07377-TSH
STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
Plaintiff US Right to Know (“Plaintiff” or “USRTK”) and defendant United States Defense
Advanced Research Projects Agency (“Defendant” or “DARPA”), by and through their undersigned
counsel, hereby STIPULATE and respectfully REQUEST that the Court continue the parties’ case
management conference (“CMC”) set for January 29, 2026, at 10:00 a.m. until March 5, 2026, at
10:00 a.m.
The parties have resolved all substantive disputes in this FOIA lawsuit. The only remaining issue
is Plaintiff’s demand for fees and costs. Plaintiff’s counsel provided Defendant with a fees and costs
demand on November 14, 2025, and Defendant provided a counteroffer on January 21, 2026. Plaintiff is
analyzing that counteroffer. In light of the above, the parties propose that the Court continue the
January 26, 2026 case management conference and that their next status report be due on or before
Case 3:22-cv-07377-TSH Document 46 Filed 01/22/26 Page 1 of 3

STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
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February 26, 2026 so the parties can report on the progress and whether briefing on the issue of fees and
costs will be necessary. By entering into this stipulation, Defendants do not waive, and expressly reserve,
any arguments regarding Plaintiffs’ eligibility for and entitlement to attorney’s fees and costs.
SO STIPULATED.
DATED: January 22, 2026 	Respectfully submitted,
CRAIG H. MISSAKIAN
United States Attorney
/s/ Jevechius D. Bernardoni*
JEVECHIUS D. BERNARDONI
Assistant United States Attorney
Attorneys for Federal Defendant
DATED: January 22, 2026 	/s/ Daniel C. Snyder
DANIEL C. SNYDER
PUBLIC JUSTICE
DATED: January 22, 2026 	/s/ Richard A. Brody
RICHARD A. BRODY
Greenfire Law, PC
Attorneys for Plaintiff
US RIGHT TO KNOW
*In compliance with Civil Local Rule 5-1(i)(3), the filer of this document attests under penalty of perjury
that all signatories have concurred in the filing of this document.
Case 3:22-cv-07377-TSH Document 46 Filed 01/22/26 Page 2 of 3

STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
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[PROPOSED] ORDER
IT IS HEREBY ORDERED that the Case Management Conference currently set for January 29,
2026, at 10:00 a.m. is continued until March 5, 2026, at 10:00 a.m. The parties shall submit a joint case
management conference statement by February 26, 2026.
DATED: January 22, 2026 The Honorable Thomas S. Hixson
Case 3:22-cv-07377-TSH Document 46 Filed 01/22/26 Page 3 of 3