For Plaintiff:
Lee Tien
1452 Curtis St.
Berkeley, Ca. 92702
(510) 525-0817

For Defendant:
STUART M. GERSON
Assistant Attorney General
JOHN A. MENDEZ
United States Attorney
STEPHEN L. SCHIRLE
Chief, Civil Division
MARY BETH UITTI
Assistant United States Attorney
(415) 556-6181
ELIZABETH A. PUGH
JOHN S. MARTIN
Attorneys, Department of Justice
Civil Division
Room 1024
901 E Street N.W.
Washington, D.C. 20530
(202)616-0179



                      UNITED STATES DISTRICT COURT
                FOR THE NORTHERN DISTRICT OF CALIFORNIA


John C. Gilmore,            )
Plaintiff                   )                Civil Action No. C-92-3646
                            )                TEH
      vs .                  )
                            )
National Security           )
Agency,                     )
Defendant.                  )




STIPULATION AND AGREEMENT BETWEEN PLAINTIFF AND DEFENDANT TO CONTINUE 
THE DECEMBER 21, 1992 HEARING AND STATUS CONFERENCE


This action was brought under the Freedom of Information Act ("FOIA"), 5 
U.S.C. ¤ 552. Plaintiff seeks, inter alia, copies of certain works on 
cryptology. On November 25, 1992, after reconsidering its original 
position, defendant decided to declassify portions of the works at 
issue. As a result, both parties believe there is a prospect for 
settlement of part or all of this case and respectfully request the 
Court to stay further proceedings pending settlement negotiations.

Pending before the Court are plaintiff's Motion for Leave to Amend 
Complaint, defendant's Motion for Protective Order Staying Discovery and 
defendant's Motion for Summary Judgment. No opposition to any of these 
motions has yet been served, and all three of these motions are 
scheduled for hearing on December 21, 1992. In addition, the Court has 
scheduled a status conference on the same date. The parties anticipate 
that settlement negotiations will not be concluded until January 28, 
1993.

Therefore, plaintiff John C. Gilmore and defendant National Security 
Agency (the "Parties"), hereby stipulate and agree, through their 
undersigned counsel, that the December 21, 1992 status conference be 
rescheduled for February 9, 1993. The Parties further stipulate and 
agree that the hearing on plaintiff's Motion for Leave to Amend 
Complaint, defendant's Motion for Protective Order Staying Discovery and 
defendant's motion for Summary Judgment be rescheduled for March 22, 
1993. Finally, the Parties stipulate and agree to the following briefing 
schedule:

1) February 12, 1993- On or before this date defendant will file an 
amended Motion for Summary Judgment and an opposition to plaintiff's 
Motion for Leave to Amend Complaint.
2) March 3, 1993- On or before this date plaintiff will file an 
opposition to defendant's amended Motion for Summary Judgment and an 
opposition to defendant's Motion for Protective Order Staying Discovery. 
In addition, if deemed necessary by plaintiff, plaintiff will file a 
reply to defendant's opposition to plaintiff's Motion for Leave to Amend 
Complaint.
3) March 12, 1993- On or before this date, if deemed necessary by 
defendant, defendant will file a reply to plaintiff's opposition to 
defendant's amended Motion for Summary Judgment and a reply to 
plaintiff's opposition to defendant's Motion for Protective Order 
Staying Discovery.
STIPULATED AND AGREED:

FOR THE PLAINTIFF:


(signed) Lee Tien
1452 Curtis St.
Berkeley, Ca. 94702
(510) 525-0817
STUART M. GERSON
Assistant Attorney General

FOR THE DEFENDANT:

JOHN A. MENDEZ
United States Attorney

MARY BETH UITTI
Assistant United States Attorney

(signed) ELIZABETH A. PUGH

(signed) JOHN S. MARTIN
Attorneys, U.S. Department of Justice
Civil Division, Room 1024
901 E Street, N.W.
Washington, D.C.  20530
(202) 616-0179


OF COUNSEL: 
ALISON JAMESON  
National Security Agency