CIA Motion for Extension
Number of Pages:4
Date Created:July 24, 2012
Date Uploaded to the Library:November 02, 2012
Autogenerated text from PDF
Case 1:12-cv-00049-RC Document Filed 07/24/12 Page THE UNITED STATES DISTRICT COURT FOR THE DISTRICT COLUMBIA JUDICIAL WATCH, INC., Plaintiff, U.S. DEPARTMENT DEFENSE, and CENTRAL INTELLIGENCE AGENCY, Defendants. Civil Action No. 1:12-cv-00049-RC DEFENDANT SECOND MOTION EXTEND BRIEFING SCHEDULE Defendants United States Department Defense DoD and Central Intelligence Agency CIA respectfully request extension the due date for their motion for summary judgment this Freedom Information Act case and proportional resetting the remaining deadlines. Plaintiff Judicial Watch opposes this motion. Defendants aver the following support their request: Defendants recently moved for 11-day extension the due date for their motion for summary judgment, due ongoing discussions between the parties about narrowing the issues briefed, and other commitments defense counsel. Dkt. No. 12. Defendants motion was their first for extension time this case, was unopposed plaintiff, and the Court granted it. July 12, 2012 Minute Order. Accordingly, the current schedule follows: defendants motion for summary judgment filed before July 27, 2012; plaintiff combined opposition and cross-motion for summary judgment filed before August 24, 2012; Case 1:12-cv-00049-RC Document Filed 07/24/12 Page defendants combined opposition/reply filed before September 14, 2012; and plaintiff reply filed before September 28, 2012. Id. Defendants were preparing their motion for summary judgment, consistent with the above schedule, when the CIA discovered inch stack records potentially responsive plaintiff FOIA request that had been inadvertently overlooked during the CIA search. Agency counsel responsible for this case agency counsel was notified the existence these potentially-responsive records July 12, 2012, and was able review these records for the first time July 17, 2012. that same day, agency counsel informed the undersigned DOJ counsel, Marcia Berman, their existence. July 19, 2012, agency counsel provided Ms. Berman with additional details about the volume the newly-discovered documents, whether the documents contained any duplicates already-produced records, and how much time would take for the agency process the new documents. Ms. Berman called opposing counsel that day alert him the newly-discovered documents and discuss their impact the current briefing schedule. From its initial review the documents, the CIA has determined that the newlydiscovered documents are responsive plaintiff request but contain some duplicates produced records. The CIA estimates that there are approximately new documents (primarily emails), with many documents containing multiple pages. The CIA previously produced plaintiff 113 pages released-in-part records Case 1:12-cv-00049-RC Document Filed 07/24/12 Page and withheld full documents. The CIA and DoD produced responsive records plaintiff May 18, 2012, pursuant the Court-ordered schedule, and sought extensions that deadline. The CIA has already begun reviewing the newly-discovered documents, expedited basis. The review and processing the documents must coordinated with defendant DoD, various officials DOJ, and other senior officials within the Government. The CIA believes this expedited review and processing can completed August 24, 2011.1 The CIA continuing look into the circumstances the discovery the new documents ensure the adequacy its search. The CIA does not anticipate these efforts resulting further delays this case. Accordingly, defendants respectfully propose the following altered schedule: defendants produce any additional responsive, non-exempt documents plaintiff before August 24, 2012; plaintiff notify defendants any challenges any withholdings from the newly-produced records before August 31, 2012; defendants motion for summary judgment filed before September 14, 2012; plaintiff combined opposition and cross-motion for summary judgment filed before October 12, 2012; defendants combined opposition/reply filed before November 2012; and plaintiff reply filed before November 16, 2012. Ms. Berman notes that she has pre-planned, pre-paid vacation scheduled for August through 17. Case 1:12-cv-00049-RC Document Filed 07/24/12 Page would inefficient and impractical for defendants essentially file two motions for summary judgment one July 27, for the already-produced documents, and subsequent one covering any newly-produced documents. Such approach wastes the resources the parties and the Court and would not result plaintiff receiving ruling this case any sooner than will under defendants proposed schedule. 10. Friday, July 20, 2012, counsel for plaintiff informed Ms. Berman that plaintiff opposes defendants request alter the briefing schedule light the newlydiscovered documents. Date: July 24, 2012 Respectfully Submitted, STUART DELERY Acting Assistant Attorney General JOHN TYLER Assistant Director, Federal Programs Branch /s/ Marcia Berman MARCIA BERMAN Senior Trial Counsel United States Department Justice Civil Division, Federal Programs Branch Massachusetts Avenue N.W. Room 7132 Washington, D.C. 20530 Tel.: (202) 514-2205 Fax: (202) 616-8470 Email: firstname.lastname@example.org Attorneys for Defendants.