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Judicial Watch • JW v State Oct 8 Joint Status Report 00692

JW v State Oct 8 Joint Status Report 00692

JW v State Oct 8 Joint Status Report 00692

Page 1: JW v State Oct 8 Joint Status Report 00692

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Number of Pages:5

Date Created:October 8, 2015

Date Uploaded to the Library:November 12, 2015

Tags:Oct, 00692, SCHEDULE, Joint, parties, documents, responsive, September, Benghazi, Secretary, defendant, clinton, production, filed, State Department, plaintiff, request, document, FOIA, department, court, report


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Case 1:15-cv-00692-APM Document Filed 10/08/15 Page
UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.
Plaintiff,
Civil Action No. 15-cv-692 (APM)
U.S. DEPARTMENT STATE,
Defendant.
JOINT STATUS REPORT
Plaintiff Judicial Watch, Inc. and Defendant U.S. Department State State
counsel and pursuant the Court June 29, 2015 minute order respectfully submit this third
Joint Status Report:
This lawsuit arises out two requests submitted Judicial Watch State
March 2015 under the Freedom Information Act FOIA The first FOIA request seeks
access the following records:
Any and all emails former Secretary State Hillary Rodham
Clinton concerning, regarding, relating the September 11,
2012 attack the U.S. Consulate Benghazi, Libya.
The time frame the request was identified September 11, 2012 January 31, 2013.
(hereinafter FOIA Request The second FOIA request seeks access the following:
Any and all communications between officials, officers,
employees the Department State and members Congress,
Congressional staff members, Congressional members staff
members the U.S. House representatives Select Committee Benghazi concerning, regarding, relating the use non state.gov email addresses former Secretary State Hillary
Clinton.
The timeframe for this request June 2014 the present. (hereinafter FOIA Request
Case 1:15-cv-00692-APM Document Filed 10/08/15 Page minute order July 31, 2015, the Court ordered State make its first
production the non-exempt portions records responsive FOIA Request September
30, 2015, and file status report October 2015 which will provide estimate
the number documents potentially responsive FOIA Request that remain reviewed
and processed. State made its first production eleven (11) pages and filed its status report
scheduled. See ECF No. 17. the July minute order, the Court also ordered the parties
file joint status report before October 2015, which they: (1) propose production
schedule for the remaining non-exempt portions documents responsive FOIA Request
and, the parties are not able reach agreement the production schedule, each provide
their own proposed schedule; (2) provide update the court their efforts resolve
Plaintiff concerns regarding the scope Defendant search and efforts preserve responsive
federal records connection with FOIA Request and (3) propose production schedule for
the documents responsive FOIA Request and, the parties remain unable reach
agreement the production schedule, each provide their own proposed schedule.
The parties conferred and have reached agreement regarding production
schedule for FOIA Request and propose that State make three rolling productions six-week
intervals (on November 12, 2015; December 23, 2015; and February 2016) the remaining
non-exempt portions documents responsive FOIA Request
The parties have not yet reached agreement regarding production schedule for
the non-exempt portions documents responsive FOIA Request They jointly propose that, before October 22, 2015, State shall file status report which will provide estimate the number documents potentially responsive FOIA Request within the collection
approximately 30,000 e-mails, comprising approximately 55,000 pages, provided State
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Case 1:15-cv-00692-APM Document Filed 10/08/15 Page
former Secretary Clinton (the Clinton emails State will specify how many those
documents were created before December 31, 2012. After that status report filed, the
parties shall meet and confer and, before October 29, 2015, propose the Court
production schedule for the non-exempt portions Clinton emails responsive FOIA Request and, the parties remain unable reach agreement the production schedule, each
provide their own proposed schedule. addition, State has, order possibly reduce the issues that must litigated,
offered conduct search the records received State from Cheryl Mills, Jacob Sullivan,
and Huma Abedin through September 2015 the recently provided documents for documents
responsive FOIA Request The parties jointly propose that, before November 13,
2015, State shall inform Judicial Watch the number documents potentially responsive
FOIA Request within the recently provided documents. The parties will then meet and confer
and, before November 20, 2015, propose the Court production schedule for the nonexempt portions the recently provided documents responsive FOIA Request submit
further recommendations how proceed.
The parties have not yet resolved Judicial Watch concerns regarding the scope State search and efforts preserve responsive federal records connection with FOIA
Request Since the parties last joint status report, Judicial Watch has made additional
inquiries State regarding two recent developments: (1) email Judicial Watch obtained
another FOIA proceeding that purports list chronological gaps the email collection that the
State Department received from former Secretary Clinton, including January 2013, time
relevant Request and (2) press accounts additional Clinton emails related the attacks
Benghazi that were recently provided Congress. State believes that can demonstrate that
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Case 1:15-cv-00692-APM Document Filed 10/08/15 Page
there are gaps the Clinton email collection relevant FOIA Request and State
represents that its search discussed paragraph will include the Clinton emails recently
provided Congress. The parties propose that they continue attempt resolve Judicial
Watch concerns regarding the scope State search and efforts preserve responsive federal
records connection with FOIA Request and report the state those discussions the Court their joint status report October 29, 2015. summary, the parties propose the following schedule:
State complete production non-exempt portions records responsive FOIA Request February 2016, with interim rolling productions November 12, 2015, and December 23, 2015.
State file status report October 22, 2015, disclosing the number
Clinton emails potentially responsive FOIA Request State will
specify how many those documents were created before
December 31, 2012.
The parties file joint status report October 29, 2015, which they
will (i) propose the Court production schedule for the non-exempt
portions emails provided the Department former Secretary Clinton
that are responsive FOIA Request and, the parties remain unable
reach agreement the production schedule, each provide their own
proposed schedule; and (ii) provide further update the court their
efforts resolve Judicial Watch concerns regarding the scope State
search and efforts preserve responsive federal records connection
with FOIA Request
State inform Judicial Watch November 13, 2015, the number
documents potentially responsive FOIA Request within the
documents recently provided Ms. Mills, Ms. Abedin, and Mr. Sullivan.
The parties file joint status report November 20, 2015, which
they will propose the Court production schedule for the non-exempt
portions the recently provided documents responsive FOIA
Request with further recommendations for proceedings.
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Case 1:15-cv-00692-APM Document Filed 10/08/15 Page
Date: October 2015
Respectfully submitted,
/s/ Ramona Cotca
Ramona Cotca (D.C. Bar No. 501159)
JUDICIAL WATCH, INC.
425 Third Street
Suite 800
Washington, 20024
(202) 646-5172
rcotca@judicialwatch.org
BENJAMIN MIZER
Principal Deputy Assistant Attorney General
ELIZABETH SHAPIRO
Deputy Branch Director
/s/ Robert Prince
ROBERT PRINCE (D.C. Bar No. 975545)
United States Department Justice
Civil Division, Federal Programs Branch Massachusetts Ave., N.W.
Washington, 20530
Tel: (202) 305 3654
robert.prince@usdoj.gov
Counsel for Plaintiff
Counsel for Defendant
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