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Judicial Watch • Joint Status Report 646 (filed)

Joint Status Report 646 (filed)

Joint Status Report 646 (filed)

Page 1: Joint Status Report 646 (filed)

Category:Legal Document

Number of Pages:5

Date Created:July 2, 2015

Date Uploaded to the Library:July 07, 2015

Tags:Leopold, Joint, search, responsive, Hillary Clinton, Secretary, clinton, production, defendant, filed, State Department, plaintiff, request, document, department, FOIA, office, Washington, court, report

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Case 1:15-cv-00646-CKK Document Filed 07/02/15 Page THE UNITED STATES DISTRICT COURT
425 Third Street, S.W., Suite 800
Washington, 20024
Civ. No. 1:15-cv-00646 (CKK)
The Executive Office
Office the Legal Adviser, Room 5519
2201 Street,
Washington, D.C. 20520
Plaintiff Judicial Watch, Inc. and Defendant U.S. Department State, counsel and
pursuant the Court order entered June 3015 (ECF No. 7), respectfully submit this Joint
Status Report.
This Freedom Information Act FOIA lawsuit which Plaintiff submitted
FOIA request the State Department March 10, 2015 seeking access records related
Hillary Rodham Clinton requests for approval use iPad and/or iPhone for government
business during her tenure the Secretary State. See ECF No.
Plaintiff initiated the above-captioned lawsuit April 28, 2015 and Defendant answered June 13, 2015. date, Defendant has not issued final response Plaintiff FOIA request.
Defendant has also not yet produced any non-exempt record responsive Plaintiff FOIA
Case 1:15-cv-00646-CKK Document Filed 07/02/15 Page
Counsel for the parties conferred but were unable agree upon joint language for
status report addressing the Court June 13, 2015 Order. Accordingly, the parties present their
separate statements and recommendations the Court below.
Plaintiff Statement and Recommendations
Judicial Watch attorney made multiple attempts confer with agency counsel
since June 2015 the hopes that the parties would have ample time substantively discuss
Defendant search for and anticipated production records responsive Plaintiff FOIA
request. Despite repeated requests Plaintiff attorney, Defendant was not prepared discuss
its position until two days before the parties deadline file the Joint Status Report. The parties
thus conferred telephone and email June 30, 2015 and again July 2015. Plaintiff,
therefore, recommends that advance any future joint status reports filed this lawsuit,
the Court enter order for the parties meet and confer least two weeks before any joint
status reports are due with the Court.
This straightforward FOIA lawsuit. Plaintiff FOIA request subject this
lawsuit narrowly tailored and seeks discrete category documents related requests made behalf Mrs. Clinton the Executive Secretariat Office and/or the Office
Security Technology for approval use iPhone and/or iPad during her tenure the Secretary State. Accordingly, this lawsuit should not tax Defendant ability conduct timely review
and production.
Given the specificity Plaintiff request, Plaintiff believes that Defendant
search can and should completed promptly, including search the 55,000 pages emails
delivered Mrs. Clinton the State Department December 2014 more than seven months
Case 1:15-cv-00646-CKK Document Filed 07/02/15 Page
Consistent with agency counsel representations, Mrs. Clinton 55,000 pages
emails have been scanned database that electronically searchable enable Defendant
run specific search terms locate all responsive records Plaintiff FOIA request. addition,
Defendant testified May 18, 2015 another FOIA lawsuit, Leopold Department State,
Case Number 15-cv-00123-RC (D.D.C.) that the State Department database Mrs. Clinton
emails would completed mid-June. See Decl. John Hackett, EFC. No. 12, Leopold
Dep State, Case. No. 15-cv-00123-RC (D.D.C.). are now July and the database
complete. There reasonable basis further delay the electronic search determine the
universe potentially responsive records this litigation order provide the Court and
Plaintiff with necessary information determine reasonable production schedule.
The State Department has statutory duty search for and produce documents
responsive Plaintiff FOIA requests the shortest amount time. U.S.C. 552(a)(6)(A);
Order, Leopold, Case No. 15-00123-RC (D.D.C. May 27, 2015) (DKT No. 17) (ordering the
State Department start producing all 55,000 pages Hillary Clinton emails every thirty
days, rather than waiting produce them all one time January 2016).
Based the specific request and the nature the anticipated narrow search,
Plaintiff proposes the following proceedings and schedule this litigation.
Defendant should ordered complete its search within thirty (30) days.
August 2015, Defendant should file Status Report with the Court with the results its
Defendant suggests that produce responsive, non-exempt records every six weeks this similar, although even
more elongated, than the production schedule ordered the court unrelated FOIA lawsuit, Leopold
Department State, Case Number 15-cv-00123-RC (D.D.C.). prolonged production schedule similar Leopold not proper this case. Unlike this case where Plaintiff seeks records for very limited nature, the FOIA
requester that case sought every record prepared Secretary Clinton during her entire four-year tenure.
Moreover, for the same stated reasons above, continuing search through January 2015, proposed Defendant, also not reasonable.
Case 1:15-cv-00646-CKK Document Filed 07/02/15 Page
completed search, including the volume potentially responsive records, when expects
complete its review these records, and Defendant proposal for the final production all
non-exempt, responsive records this litigation. August 10, 2015, the parties should ordered meet and confer about the
final production schedule this ligation and file joint status report with the Court August
24, 2015 with recommendations for final production schedule. the meantime, Defendant should ordered make its initial production
consistent with its suggestion below, August 20, 2015.
Defendant Statement and Recommendations
Defendant currently the process searching for responsive documents and
proposes that will produce documents responsive plaintiff request rolling basis
beginning August 20, 2015, and continuing every weeks thereafter with anticipated
completion date January 29, 2016. This completion date reflects the Department State
belief that conducting searches for records responsive Plaintiff FOIA request will require
searching, among other locations, the approximately 55,000 pages emails provided the State
Department former Secretary Clinton from her non- account. Per court order
Leopold Dep State, Case 15-cv-00123 (D.D.C.), the production the approximately
55,000 pages emails began June 30, 2015, and will continue every thirty days thereafter,
concluding January 29, 2016.
Plaintiff misconstrues Defendant proposed six-week production schedule inconsistent with the order
Leopold. Plaintiff points out, Defendant will publicly posting productions the email collection received
from former Secretary Clinton every thirty days, which will available Plaintiff. The six-week rolling
production schedule proposed Defendant this case reflects the fact that searching multiple components
response the FOIA request issue, which the approximately 55,000 pages Secretary Clinton emails would
only one, and thus has determined that six week rolling productions would reasonably allow Defendant collect,
review and produce non-exempt, responsive records. Because the Department engaging multi-layer process
Case 1:15-cv-00646-CKK Document Filed 07/02/15 Page
Defendant agrees file status report regarding the status the search including
the estimated volume documents September 2015, and every days thereafter.
Defendant proposes that the parties meet and confer once productions are
complete determine additional briefing necessary. additional briefing necessary, the
parties will then submit joint status report proposing briefing schedule.
Dated: July 2015
Respectfully submitted,
Principal Deputy Assistant Attorney General
Deputy Branch Director
_/s/ Ramona Cotca______________
D.C. Bar No. 501159
Judicial Watch, Inc.
425 Third Street, S.W., Suite 800
Washington 20024
Tel: (202)646-5172
Fax (202)646-5199
/s/ Marsha Stelson Edney
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
Counsel for Plaintiff
Attorneys for Defendant review the approximately 55,000 pages emails provided the State Department Secretary Clinton,
Defendant proposes completion date January 29, 2016, consistent with the Leopold order.
Moreover, State currently has numerous FOIA actions which will require Defendant search the approximately
55,000 pages emails provided Defendant former Secretary Clinton. Thus, even though Plaintiff
characterizes this particular FOIA request narrow, State performed discrete search all these FOIA cases,
State ability meet the court order Leopold produce the entire collection January 29, 2016 may