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Judicial Watch • JW v DOJ Non Opposition Withdraw 00421

JW v DOJ Non Opposition Withdraw 00421

JW v DOJ Non Opposition Withdraw 00421

Page 1: JW v DOJ Non Opposition Withdraw 00421

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Number of Pages:4

Date Created:December 12, 2017

Date Uploaded to the Library:December 12, 2017

Tags:Withdraw, adequacy, 00421, Opposition, Judgment, action, summary, Civil, search, Bill Clinton, motion, Attorney, Lynch, justice, president, clinton, defendant, plaintiff, records, American, DOJ, department, FOIA


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Case 1:17-cv-00421-RDM Document Filed 12/12/17 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
Plaintiff,
U.S. DEPARTMENT JUSTICE,
Defendant.
Civil Action No. 17-CV-00421 (RDM)
PLAINTIFF MOTION WITHDRAW ITS NON-OPPOSITION DEFENDANT MOTION FOR SUMMARY JUDGMENT
Since May 2017, this case has been closely connected American Center for Law
Justice Department Justice, Civil Action No. 16-cv-2188. fact, the parties agreed that all
records produced Defendant U.S. Department Justice American Center for Law
Justice that case would also produced Plaintiff Judicial Watch this case. Plaintiff
decided not challenge the adequacy the Justice Department search and therefore did not
oppose the Justice Department motion for summary judgment after being informed that ACLJ
did not intend challenge the adequacy the Justice Department search. Judicial Watch has
now learned that ACLJ is, fact, challenging the adequacy the Justice Department search. light this recent development, Plaintiff Judicial Watch, Inc., counsel, respectfully
submits this motion withdraw its December 2017 non-opposition Defendant U.S.
Department Justice Motion for Summary Judgment. Plaintiff also moves for this court
stay its resolution the pending motion for summary judgment until the adequacy-of-the-search
issue resolved the ACLJ case. The Justice Department does not oppose this motion.
grounds therefor, Plaintiff states follows:
Case 1:17-cv-00421-RDM Document Filed 12/12/17 Page
MEMORANDUM POINTS AND AUTHORITIES
This case concerns Plaintiff FOIA request the Justice Department seeking: Any and all records and/or transcripts meeting held between
Attorney General Loretta Lynch and former President Bill Clinton
June 28, 2016. Any and all records communication sent from officials the
Office the Attorney General regarding the meeting held between
Attorney General Loretta Lynch and former President Bill Clinton
June 28, 2016. Any and all records communication sent from officials the
Office the Deputy Attorney General regarding the meeting held
between Attorney General Loretta Lynch and former President Bill
Clinton June 28, 2016. Any and all references the meeting held between Attorney General
Loretta Lynch and former President Bill Clinton contained day
planners, calendars and schedules the Office the Attorney
General. their May 15, 2017 Joint Status Report, the parties informed the Court:
The parties have agreed that response Plaintiff Judicial
Watch, Inc. Freedom Information Act FOIA request
issue this case, Defendant United States Department Justice the Department will produce Plaintiff all nonexempt,
responsive records that produces response the FOIA request issue American Center for Law Justice Department
Justice, Civil Action No. 16-cv-2188.
After the Justice Department concluded producing records ACLJ and Plaintiff,
this Court set summary judgment briefing schedule. October 26, 2017, the Justice
Department sought two-week extension time file its Motion for Summary Judgment.
one its reasons for requesting the extension, the Justice Department explained: discussed the parties Joint Status Report dated May 15,
2017, ECF No. the parties previously agreed that response
Plaintiff FOIA request, the Department would produce
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Case 1:17-cv-00421-RDM Document Filed 12/12/17 Page
Plaintiff all nonexempt, responsive records that produced
response the FOIA request issue American Center for Law Justice Department Justice, Civil Action No. 16-cv-2188.
Following the Department completion production the two
cases, counsel for the American Center for Law Justice ACLJ communicated counsel for the Department that ACLJ
did not intend challenge the adequacy the Department
search.
The Justice Department subsequently filed its Motion for Summary Judgment
November 10, 2017.
Plaintiff opposition was due December 2017. that time, was
Plaintiff understanding that the ACLJ did not intend challenge the adequacy the search.
Since the parties agreed that Plaintiff would receive all nonexempt, responsive records that the
Justice Department produced ACLJ, Plaintiff too decided not challenge the adequacy the
search. Plaintiff therefore filed statement non-opposition December 2017.
Subsequently, December 2017, the Justice Department informed Plaintiff
that December 2017 ACLJ filed opposition its case. its brief, challenged the
adequacy the Justice Department search. The Justice Department also informed Plaintiff
that the department did not know until December 2017 that ACLJ had changed its position.
Plaintiff also has reason believe transcript the meeting between President
Clinton and then-Attorney General Lynch exists. Such record would responsive the first
part Plaintiff request. light the recent development American Center for Law Justice
Department Justice, Civil Action No. 16-cv-2188, Plaintiff Watch respectfully requests the
Court withdraw its non-opposition the Justice Department motion for summary judgment.
-3-
Case 1:17-cv-00421-RDM Document Filed 12/12/17 Page addition, the resolution the ACLJ case will also impact Plaintiff. the
Justice Department conducts supplemental search (either voluntarily because court
order) and new records are located and produced, Plaintiff will also have right those records. avoid any judicial inefficiencies request for the case reopened, Plaintiff also
requests the Court stay its resolution the pending motion for summary judgment until the
adequacy-of-the-search issue resolved the ACLJ case.
10.
The Justice Department does not oppose this motion.
WHEREFORE, Plaintiff respectfully requests that the Court withdraw Plaintiff
December 2017 non-opposition Defendant U.S. Department Justice Motion for
Summary Judgment and that the Court stay its resolution the pending motion for summary
judgment until the adequacy-of-the-search issue resolved the ACLJ case.
Dated: December 12, 2017
Respectfully submitted,
/s/ Michael Bekesha
Michael Bekesha (D.C. Bar No. 995749)
Jason Aldrich (D.C. Bar No. 495488)
JUDICIAL WATCH, INC.
425 Third Street, S.W., Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff
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