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Judicial Watch • JW v State 02034 joint motion

JW v State 02034 joint motion

JW v State 02034 joint motion

Page 1: JW v State 02034 joint motion

Category:Legal Document

Number of Pages:4

Date Created:May 1, 2015

Date Uploaded to the Library:May 11, 2015

Tags:pakistan, motion, Secretary, clinton, Obama, State Department, document, records, FOIA, Washington


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Case 1:12-cv-02034-RBW Document Filed 05/01/15 Page
UNITED STATES DISTRICT COURT
DISTRICT COLUMBIA
JUDICIAL WATCH, INC.
Plaintiff,
Civil Action No. 1:12-cv-2034
(RBW)
U.S. DEPARTMENT STATE,
Defendant.
JOINT MOTION REOPEN CASE UNDER
FEDERAL RULE CIVIL PROCEDURE 60(B)(2) accordance with Fed. Civ. 60(b)(2), the United States Department State Department and Judicial Watch, Inc., Plaintiff jointly move this Court re-open
the above-captioned case, which was dismissed with prejudice November 2014.
Fed. Civ. 60(b)(2) permits court relieve party from final judgment due
newly discovered evidence. Under Fed. Civ. 60(c)(1), this motion must made
within one year entry judgment.
The above-captioned case relates request Plaintiff under the Freedom
Information Act FOIA submitted the Department seeking [a]ll records
concerning, regarding related the advertisement produced the U.S. Embassy
Islamabad, entitled Message from the President the United States Barack Obama
and Secretary State Hilary Clinton intended air Pakistan. The Department
searched for potentially responsive documents twelve components, including the
Office the Secretary, reasonably expected have responsive records. October
Case 1:12-cv-02034-RBW Document Filed 05/01/15 Page
2013, the Department had produced over 700 pages records, many which contained
redactions. The Department also provided Plaintiff with 27-page, 88-numbered
paragraph Draft Vaughn index for certain redactions identified Plaintiff.
Subsequently, September 2014, following Plaintiff review the Draft Vaughn
index, the Department provided additional information Plaintiff well nine-page,
17-numbered paragraph supplemental Draft Vaughn index. Following that production,
the parties agreed settle the case, and stipulation dismissal was filed November 2014. March 2015, media sources reported that former Secretary Clinton, and
possibly other senior State Department officials, used non- state.gov email account
conduct government business. Thereafter, Plaintiff informed the Department that based this information, which was previously unknown Plaintiff, would seek reopen
the case. Former Secretary Clinton provided the Department with approximately 55,000
pages emails from her non- state.gov account. Based the receipt former
Secretary Clinton emails, the Department agreed jointly file this motion reopen the
case. The Department currently processing for public release the set emails
provided former Secretary Clinton.
For the above-stated reason, the Court should re-open the case. The parties agree
that once the case re-opened, Plaintiff will not seek amend the complaint nor will
challenge the any redactions previously released documents. Once the Department has
publicly posted the full set agency records from the emails provided the Department former Secretary Clinton, Defendant will search the set for any records responsive
Plaintiff FOIA request. The parties will then discuss the records and the search and will
Case 1:12-cv-02034-RBW Document Filed 05/01/15 Page
determine the matter can once again informally resolved summary judgment
briefing regarding the documents the search required.
Date: May 2015
Respectfully submitted,
BENJAMIN MIZER
Principal Deputy Assistant Attorney General
ELIZABETH SHAPIRO
Deputy Branch Director
/s/ Chris Fedeli_______
CHRIS FEDELI
(D.C. Bar 472919)
Judicial Watch, Inc.
435 Third Street
Washington, 20024
Tel: 202-646-5185
CFedeli@judicialwatch.org
Attorney for Plaintiff
/s/ Marsha Stelson Edney
MARSHA STELSON EDNEY(DC Bar #414271)
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
Email: marsha.edney@usdoj.gov
Attorneys for Defendant
Case 1:12-cv-02034-RBW Document 21-1 Filed 05/01/15 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
Plaintiff,
U.S. DEPARTMENT STATE,
Defendant.
Civil Action No. 1:12-cv-02034-RBW
[PROPOSED] ORDER
Upon consideration the parties Joint Motion Reopen Case Under Federal Rule Civil
Procedure 60(b)(2), hereby ORDERED that the Motion GRANTED. ORDERED.
DATE:________________
_______________________________
The Hon. Reggie Walton, U.S.D.J.