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Judicial Watch • JW v State original notice re proposed discovery order 01242

JW v State original notice re proposed discovery order 01242

JW v State original notice re proposed discovery order 01242

Page 1: JW v State original notice re proposed discovery order 01242

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Number of Pages:6

Date Created:May 16, 2016

Date Uploaded to the Library:January 18, 2017

Tags:searches, referenced, 01242, proposed, Discovery, notice, Susan Rice, Sullivan, original, Mills, order, Benghazi, Secretary, defendant, clinton, filed, State Department, plaintiff, request, document, FOIA, department, office


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Case 1:14-cv-01242-RCL Document Filed 05/16/16 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
Plaintiff,
U.S. DEPARTMENT STATE,
Defendant.
Civil Action No. 14-1242 (RCL)
PLAINTIFF JUDICIAL WATCH, INC. NOTICE PROPOSED ORDER FOR DISCOVERY
Plaintiff Judicial Watch, Inc. Judicial Watch counsel, respectfully submits the
attached [Proposed] Order for Discovery, pursuant the Court March 29, 2016 Order (DKT
No. 39). the Court aware, this case relates records the Office the Secretary pertaining talking points provided Ambassador Susan Rice following the September 11, 2012 attacks the U.S. Consulate Benghazi, Libya and communications surrounding the talking points.
See Compl., The discovery requested herein tailored this case and addition the
scope discovery the case before Judge Emmet Sullivan, captioned Judicial Watch, Inc.
U.S. Dep State, Case No. 13-1363 (D.D.C.) (EGS) (DKT No. 73) (also referred State
13-1363 the State 13-1363 case, Judge Sullivan ordered the scope permissible discovery the
creation and operation clintonemail.com for State Department business, well the State
Department approach and practice for processing FOIA requests that potentially impacted
emails Secretary Clinton and Huma Abedin, and State processing the FOIA request
issue State 13-1363. See May 2016 Order, pp. 12-13, Judicial Watch, Inc. U.S. Dep
State, Case No. 13-1363 (D.D.C.) (DKT No. 73). Plaintiff will initially depose seven
individuals: Stephen Mull, Lewis Lukens, Patrick Kennedy, Cheryl Mills, Huma
Case 1:14-cv-01242-RCL Document Filed 05/16/16 Page stated the attached proposed Order, Plaintiff intends conduct discovery pursuant the relevant Federal Rules Civil Procedure. regards Document Request Nos. and therein, Plaintiff respectfully requests the Court shorten the time period for Defendant
fully respond Plaintiff document requests days. Plaintiff intends depose the
individuals identified therein within weeks from the first day following the Court Order.
the event conflicts exist for scheduling third-party depositions, Plaintiff will seek leave from the
Court conduct those depositions specific proposed dates outside the approved discovery
period that are mutually available all parties and third-parties.
Dated: May 16, 2016
Respectfully submitted,
JUDICIAL WATCH, INC.
/s/ Ramona Cotca
Ramona Cotca
D.C. Bar No. 501159
425 Third Street SW, Suite 800
Washington, 20024
Tel. (202) 646-5172
rcotca@judicialwatch.org
Attorneys for Plaintiff
Abedin, Bryan Pagliano and corporate designee. Id. pp. 13-14. Defendant answers four
interrogatories are also due within days, May 25, 2016.
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Case 1:14-cv-01242-RCL Document 42-1 Filed 05/16/16 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
Plaintiff,
U.S. DEPARTMENT STATE,
Defendant.
Civil Action No. 14-1242 (RCL)
[PROPOSED] ORDER FOR DISCOVERY
Pursuant the Court March 29, 2016 Order, Plaintiff, Judicial Watch, Inc. Notice
Proposed Order for Discovery, any response, and the record herein, hereby ORDERED that
Plaintiff shall take the following discovery this case:
Document Requests All documents that concern relate the processing any and all searches the
Office the Secretary for emails relating the September 11, 2012 Benghazi attack
and its aftermath, including but not limited to: searches for records for the Accountability Review Board; searches response congressional inquiries (including requests from the
House Committee Oversight and Government Reform dated September 20,
2012, October 2012, October 29, 2012, and November 2012); searches preparation Secretary Clinton testimony before Congress
January 23, 2013; and searches response FOIA requests, including but not limited the FOIA
request submitted Plaintiff this case.
Such documents would include the tasking, tracking and reporting records for such
searches. Forms DS-1748 and any search slips, search tasker, search details,
shall also considered responsive. All communications that concern relate the processing all searches referenced Document Request No. above, including directions guidance about how and
Case 1:14-cv-01242-RCL Document 42-1 Filed 05/16/16 Page
where conduct the searches, whether and how search Secretary Clinton email,
and issues, problems, questions concerning the searches and/or search results. All records that concern relate the State Department policies, practices,
procedures and/or actions (or lack thereof) secure, inventory, and/or account for all
records, including emails, Secretary Clinton, Cheryl Mills, Huma Abedin and
Jacob Sullivan prior their termination employment with the State Department.
Depositions 30(b)(6) witness(es) testify about: the searches referenced Document Request Nos. and above; and the policies, practices, procedures and/or actions referenced Document
Request No. above. Cheryl Mills, the extent not included discovery State 13-1363, testify
about: the searches referenced Document Request Nos. and above; the policies, practices, procedures and/or actions referenced Document
Request No. above; the use non-state.gov email account(s) conduct official State Department
business Cheryl Mills and other officials and staff within the Office the
Secretary; and the subsequent private search Secretary Clinton clintonemail.com
email account.
(Cheryl Mills was Secretary Clinton Chief Staff throughout her tenure and was
involved the document productions the various inquiries related the Benghazi
attack and its aftermath. She was also identified Defendant official with
relevant records this case.) Jacob Sullivan testify about: the searches referenced Document Request Nos. and above; the policies, practices, procedures and/or actions referenced Document
Request No. above; and use non-state.gov email account(s) conduct official State Department
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Case 1:14-cv-01242-RCL Document 42-1 Filed 05/16/16 Page
business Jacob Sullivan and other officials and staff the Office the
Secretary.
(Jacob Sullivan was Secretary Clinton senior advisor and Deputy Chief Staff
during her tenure. was also identified Defendant one the officials with
relevant records this case). Secretary Hillary Rodham Clinton testify about: the searches referenced Document Request Nos. and above; the policies, practices, procedures and/or actions referenced Document
Request No. above; and use non-state.gov email account(s) conduct official State Department
business Secretary Clinton and other officials and staff the Office the
Secretary.
(Judge Sullivan noted his May 2016 Order that may order the deposition
Secretary Clinton State 13-1363 deems necessary based information
learned during discovery that case. the event Judge Sullivan orders the
deposition Secretary Clinton State 13-1363, Plaintiff will work with defense
counsel and counsel for Secretary Clinton conduct joint deposition both cases.)
See Landmark Legal Found. Envtl. Prot. Agency, 959 Supp. 175 (D.D.C
2013) (permitting the deposition former agency head determine use private
email account for official government business). Lauren Jiloty testify about: the searches referenced Document Request Nos. and above; the policies, practices, procedures and/or actions referenced Document
Request No. above; and her knowledge and use non-state.gov email accounts persons the
Office the Secretary during Secretary Clinton tenure and procedures and
efforts (or the lack thereof) for accessing and searching same.
(Lauren Jiloty was Special Assistant Secretary Clinton during her tenure.) Monica Hanley testify about: the searches referenced Document Request Nos. and above; the policies, practices, procedures and/or actions referenced Document
Request No. above; and
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Case 1:14-cv-01242-RCL Document 42-1 Filed 05/16/16 Page her knowledge and use non-state.gov email accounts persons the
Office the Secretary during Secretary Clinton tenure and procedures and
efforts (or the lack thereof) for accessing and searching same.
(Monica Hanley was staff member the Office the Secretary during Secretary
Clinton tenure.) Clarence Finney testify about: the searches referenced Document Request Nos. and above; the policies, practices, procedures and/or actions referenced Document
Request No. above; and his knowledge about the use non-state.gov email accounts persons the
Office the Secretary during Secretary Clinton tenure and procedures and
efforts (or the lack thereof) for accessing and searching same.
(Clarence Finney currently the Deputy Director, Executive Secretariat Staff.
During Secretary Clinton tenure served principal advisor and records
management expert the Executive Secretary matters relating the overall
management and control all correspondence and records management for the
Secretary State, Deputy Secretary State and department Under Secretaries.) hereby further ORDERED that:
Plaintiff shall conduct discovery pursuant the relevant Federal Rules Civil
Procedure. Plaintiff shall conclude discovery within weeks this Order and Defendant shall
serve its complete response Plaintiff Document Request Nos. and above within
days the Court Order. the event conflicts exist for scheduling third-party depositions,
Plaintiff will seek leave from the Court conduct those depositions specific proposed dates
outside the approved discovery period that are mutually available all parties and third-parties.
Dated:
_____________________________
U.S. District Court Judge
Cc:
All counsel record
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