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Judicial Watch • JW v DOJ Kadzik preservation order 00029

JW v DOJ Kadzik preservation order 00029

JW v DOJ Kadzik preservation order 00029

Page 1: JW v DOJ Kadzik preservation order 00029

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Number of Pages:4

Date Created:January 6, 2017

Date Uploaded to the Library:January 18, 2017

Tags:preserve, Kadzik, 00029, preservation, Berman, Assistant, official, Civil, motion, Attorney, AGENCY, order, complaint, Hillary Clinton, defendant, filed, plaintiff, document, account, federal, records, DOJ, FOIA, district


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Case 1:17-cv-00029 Document Filed 01/06/17 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
Plaintiff,
U.S. DEPARTMENT JUSTICE,
Defendant.
Civil Action No. 17-cv-00029
PLAINTIFF MOTION FOR PRESERVATION ORDER
AND REQUEST FOR EXPEDITED CONSIDERATION
Plaintiff Judicial Watch, Inc., counsel, respectfully submits this motion for order
requiring Defendant U.S. Department Justice preserve the records issue this Freedom Information Act case. Pursuant LCvR 7(f), Plaintiff requests hearing this motion.
grounds therefor, Plaintiff states follows:
MEMORANDUM POINTS AND AUTHORITIES
This action under FOIA seeking agency records currently residing the
gmail email account Peter Kadzik, the Assistant Attorney General for Legislative Affairs.
Plaintiff submitted two FOIA requests November 2016 and filed its Complaint January 2017 after Defendant failed respond Plaintiff FOIA requests within the time limits set FOIA.
The records issue are the physical possession Assistant Attorney General
Kadzik. With the upcoming change administrations January 20, 2017, likely that
will leave government service around that date. November 26, 2014, [a]n officer employee executive agency may
not create send record using non-official electronic messaging account unless such officer
Case 1:17-cv-00029 Document Filed 01/06/17 Page employee- (1) copies official electronic messaging account the officer employee
the original creation transmission the record; (2) forwards complete copy the record official electronic messaging account the officer employee not later than days after
the original creation transmission the record. U.S.C. 2911. Because Plaintiff does
not know this has occurred what, any, other steps Defendant has taken preserve the
records responsive Plaintiff FOIA request, Plaintiff concerned that after Assistant
Attorney General Kadzik leaves government employment, Defendant will longer have control
over the actions this official. order requiring Defendant take steps preserve the agency records issue consistent with agency recordkeeping responsibilities retain and manage government
records subject the Federal Records Act. U.S.C. 2101-18. the agency official
permitted leave his employment while retaining agency records his gmail email account,
risks creating situation comparable that former Secretary State Hillary Clinton. that
instance, undisputed that only portion Secretary Clinton emails eventually were
returned the agency.
Plaintiff respectfully requests expedited consideration this motion light
the likely imminent departure from government service Assistant Attorney General Kadzik.
Pursuant LCvR 7(m), January 2017, undersigned counsel contacted
person and email Marcia Berman, Assistant Director, Civil Division, Federal Programs
Branch, and asked whether Defendant would oppose this motion. the time filing, Ms.
Berman indicated that Defendant does not yet have position. addition properly serving
the Complaint accordance with the Federal Rules Civil Procedure, undersigned counsel also sending copy the Complaint and this motion Ms. Berman via email.
-2-
Case 1:17-cv-00029 Document Filed 01/06/17 Page
Dated: January 2017
Respectfully submitted,
/s/ Michael Bekesha
Michael Bekesha
D.C. Bar No. 995749
JUDICIAL WATCH, INC.
425 Third Street S.W., Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff
-3-
Case 1:17-cv-00029 Document 3-1 Filed 01/06/17 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
Plaintiff,
U.S. DEPARTMENT JUSTICE,
Defendant.
Civil Action No. 17-cv-00029
[PROPOSED] PRESERVATION ORDER order ensure that the agency records issue this litigation are preserved
throughout the pendency this litigation, hereby
ORDERED that Defendant shall take all necessary and reasonable steps preserve all
agency records the gmail email account Assistant Attorney General for Legislative Affairs
Peter Kadzik. Defendant shall advise the Court the steps has taken preserve such records later than January ___, 2017.
_______
Date
________________________________
United States District Judge