JW v State 02034 joint motion
Number of Pages:4
Date Created:May 1, 2015
Date Uploaded to the Library:May 11, 2015
Autogenerated text from PDF
Case 1:12-cv-02034-RBW Document Filed 05/01/15 Page UNITED STATES DISTRICT COURT DISTRICT COLUMBIA JUDICIAL WATCH, INC. Plaintiff, Civil Action No. 1:12-cv-2034 (RBW) U.S. DEPARTMENT STATE, Defendant. JOINT MOTION REOPEN CASE UNDER FEDERAL RULE CIVIL PROCEDURE 60(B)(2) accordance with Fed. Civ. 60(b)(2), the United States Department State Department and Judicial Watch, Inc., Plaintiff jointly move this Court re-open the above-captioned case, which was dismissed with prejudice November 2014. Fed. Civ. 60(b)(2) permits court relieve party from final judgment due newly discovered evidence. Under Fed. Civ. 60(c)(1), this motion must made within one year entry judgment. The above-captioned case relates request Plaintiff under the Freedom Information Act FOIA submitted the Department seeking [a]ll records concerning, regarding related the advertisement produced the U.S. Embassy Islamabad, entitled Message from the President the United States Barack Obama and Secretary State Hilary Clinton intended air Pakistan. The Department searched for potentially responsive documents twelve components, including the Office the Secretary, reasonably expected have responsive records. October Case 1:12-cv-02034-RBW Document Filed 05/01/15 Page 2013, the Department had produced over 700 pages records, many which contained redactions. The Department also provided Plaintiff with 27-page, 88-numbered paragraph Draft Vaughn index for certain redactions identified Plaintiff. Subsequently, September 2014, following Plaintiff review the Draft Vaughn index, the Department provided additional information Plaintiff well nine-page, 17-numbered paragraph supplemental Draft Vaughn index. Following that production, the parties agreed settle the case, and stipulation dismissal was filed November 2014. March 2015, media sources reported that former Secretary Clinton, and possibly other senior State Department officials, used non- state.gov email account conduct government business. Thereafter, Plaintiff informed the Department that based this information, which was previously unknown Plaintiff, would seek reopen the case. Former Secretary Clinton provided the Department with approximately 55,000 pages emails from her non- state.gov account. Based the receipt former Secretary Clinton emails, the Department agreed jointly file this motion reopen the case. The Department currently processing for public release the set emails provided former Secretary Clinton. For the above-stated reason, the Court should re-open the case. The parties agree that once the case re-opened, Plaintiff will not seek amend the complaint nor will challenge the any redactions previously released documents. Once the Department has publicly posted the full set agency records from the emails provided the Department former Secretary Clinton, Defendant will search the set for any records responsive Plaintiff FOIA request. The parties will then discuss the records and the search and will Case 1:12-cv-02034-RBW Document Filed 05/01/15 Page determine the matter can once again informally resolved summary judgment briefing regarding the documents the search required. Date: May 2015 Respectfully submitted, BENJAMIN MIZER Principal Deputy Assistant Attorney General ELIZABETH SHAPIRO Deputy Branch Director /s/ Chris Fedeli_______ CHRIS FEDELI (D.C. Bar 472919) Judicial Watch, Inc. 435 Third Street Washington, 20024 Tel: 202-646-5185 CFedeli@judicialwatch.org Attorney for Plaintiff /s/ Marsha Stelson Edney MARSHA STELSON EDNEY(DC Bar #414271) Senior Trial Counsel U.S. Department Justice, Civil Division Federal Programs Branch Massachusetts Ave N.W. Washington, 20530 Tel: (202) 514-4520 Fax: (202) 616-8470 Email: firstname.lastname@example.org Attorneys for Defendant Case 1:12-cv-02034-RBW Document 21-1 Filed 05/01/15 Page THE UNITED STATES DISTRICT COURT FOR THE DISTRICT COLUMBIA JUDICIAL WATCH, INC., Plaintiff, U.S. DEPARTMENT STATE, Defendant. Civil Action No. 1:12-cv-02034-RBW [PROPOSED] ORDER Upon consideration the parties Joint Motion Reopen Case Under Federal Rule Civil Procedure 60(b)(2), hereby ORDERED that the Motion GRANTED. ORDERED. DATE:________________ _______________________________ The Hon. Reggie Walton, U.S.D.J.