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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.
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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.
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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
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