JW v State Defendant Motion to Stay 01511 January 12, 2016
Number of Pages:4
Date Created:January 12, 2016
Date Uploaded to the Library:April 14, 2016
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Case 1:14-cv-01511-ABJ Document Filed 01/12/16 Page UNITED STATES DISTRICT COURT FOR THE DISTRICT COLUMBIA JUDICIAL WATCH, INC. Plaintiff, Civil Action No. 14-cv-1511 (ABJ) U.S. DEPARTMENT STATE, Defendant. DEFENDANT MOTION STAY BRIEFING SCHEDULE Defendant Department State State hereby moves stay the briefing schedule this case allow conduct searches recently identified source potentially responsive documents. support this motion, State, through undersigned counsel, states the following. State Motion for Summary Judgment currently due January 15, 2016. Minute Order Dec. 2015. However, State recently identified source potentiallyresponsive documents collection electronic files that had not previously been identified searched. During the period which the FOIA request limited (September 11, 2012 through September 15, 2012), these files resided the Office the Secretary. the time the original searches were completed, before December 17, 2014, see Def. Status Report (ECF No. 9), these files resided the Executive Secretariat (S/ES), which generally responsible for coordinating search responses for the Office the Secretary State.1 The files have since been retired and transferred the custody the Bureau Administration, Office Information Programs and Services. When S/ES conducted the search for responsive records, identified number sources where potentially responsive records might reasonably expected found. These The FOIA request issue this case was directed the Office the Secretary. Case 1:14-cv-01511-ABJ Document Filed 01/12/16 Page sources records included several electronic databases and the email accounts several state employees, which S/ES searched for responsive records. the course these extensive searches, which resulted the retrieval 403 responsive records,2 the files issue here were overlooked. The potential need search these materials first came the attention the State employees working this FOIA request December, when the issue arose connection with the preparation search declaration another litigation matter. the days before Christmas, State employees investigated and determined that these files should searched for records responsive this FOIA request. Last week, State determined that would not able complete these searches before the date set for State motion for summary judgment. conduct these searches, State must upload the files system which they can electronically searched, process that currently underway. Because not possible this time estimate the volume potentially responsive documents, any, that will found, State proposes that first complete the upload the files they are electronically searchable and then conduct searches for potentially responsive documents. State estimates can complete this process and file status report disclosing the volume potentially responsive documents and proposing revised schedule February 2016. This request not for purposes delay, but necessary for State properly process and produce any responsive records Plaintiff and move for summary judgment. the absence the requested extension, State would submit motion for partial summary judgment January 15, 2016, and then submit subsequent motion after production any responsive records that may found the unsearched files. Such duplicative proceedings, resulting two rounds briefing, would needlessly inefficient for both the parties and the Court. Granting State released 320 these documents full and documents part; State withheld documents full. -2- Case 1:14-cv-01511-ABJ Document Filed 01/12/16 Page the extension would allow State complete its production responsive documents and permit the parties brief summary judgment single, consolidated round. Counsel for State has consulted with counsel for Judicial Watch, who his written position did not object schedule change resulting from the requested stay briefing: [(Judicial Watch)] will not oppose motion stay the current summary judgment briefing schedule 14-1511 provided that State explains its motion: (1) where exactly these newly identified records are located; (2) why they were not identified and searched previously; and (3) how and when they were just identified. Also, our non-opposition conditioned State agreeing file status report later than Feb. disclosing the volume records issue and proposing reasonable schedule for search, review, and production. Ex. (Email from Paul Orfanedes). State, therefore, respectfully moves the Court stay the briefing schedule and set the following deadlines: (1) later than February 2016, State shall complete its additional searches and file status report disclosing the volume potentially responsive documents that must reviewed and proposing revised schedule for the production the non-exempt portions responsive documents subject the FOIA; (2) later than February 2016, Plaintiff shall file response State proposed production schedule. -3- Case 1:14-cv-01511-ABJ Document Filed 01/12/16 Page Respectfully submitted, Date: January 12, 2016 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 -4-