Gallagher

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 EDWARD R. GALLAGHER, Case No.: 20cv993-JLS(BLM)

Plaintiff, ORDER SETTING BRIEFING SCHEDULE v. 13 DAVID PHILIPPS and KENNETH JOHN BRAITHWAITE, II, in his capacity as Secretary of the Navy, 15 Defendants. 16 17 On September 28, 2020, Defendant David Philips (“Defendant”) filed an Ex Parte Motion to Continue Early Neutral Evaluation Conference (“ENE”) and Case Management Conference (“CMC”). ECF No. 28. Defendant requests that the Court stay the ENE and CMC until District Judge Janis L. Sammartino rules on Defendant’s pending motion to strike or, alternatively, dismisses Plaintiff’s first amended complaint (the “Anti-SLAPP Motion”). Id. at 2. In support of his motion, Defendant states “Plaintiff’s claims target Mr. Philips’s constitutionally protected speech” and “[c]ourts have made clear that early dismissal at the pleading stage is especially appropriate in cases . . . that invoke significant First Amendment rights.” Id. (citing Winter v. DC Comics,…