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Judicial Watch • JW v State Rice FOIA status report 00205

JW v State Rice FOIA status report 00205

JW v State Rice FOIA status report 00205

Page 1: JW v State Rice FOIA status report 00205


Number of Pages:78

Date Created:June 7, 2017

Date Uploaded to the Library:June 14, 2017

Tags:00205, Benghazi Talking Points, Ramona, Susan Rice, Benghazi, plaintiff, State Department, records, FOIA

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Case 1:17-cv-00205-CRC Document Filed 06/05/17 Page
Civil Action No. 17-cv-205 (CRC)
Plaintiff Judicial Watch, Inc. Judicial Watch through undersigned counsel, submits
the following Status Report the Court. The parties were not able reach agreement over
the production schedule the remaining records produced this case and Defendant,
through counsel, advised that does not intend file joint status report with Plaintiff, Plaintiff
submits this report individually with its proposed document production schedule, consistent with
the parties joint status report filed March 28, 2017 (ECF 9).
Pursuant the Court minute order entered March 15, 2017, the parties
submitted the Court joint status report March 28, 2017 with initial production schedule federal records issue this case. (ECF 9). the time the parties filing the joint status report, the State Department,
counsel, represented that had not completed processing its search for responsive records and
asked for additional weeks complete processing the search and provide estimated issue this lawsuit Plaintiff request under the Freedom Information Act FOIA for federal records about the processing and search for records previous FOIA
request Plaintiff submitted Defendant May 13, 2014. (FOIA Request No. F-2014-08848) underlying FOIA request More specifically, Plaintiff seeks records about when the State
Department knew the underlying FOIA request that its response the Court and Plaintiff
about the completeness its search and production did not include any Secretary Clinton
emails. See Joint Status Report, March 28, 2017, (ECF No. 9).
Case 1:17-cv-00205-CRC Document Filed 06/05/17 Page
time frame for when could complete its production all non-exempt responsive records.
Additionally, agency counsel represented that the State Department would produce records
two intervals during that time frame, initial document production would made May
2017 and second document production made June 2017. Plaintiff did not object.
Consistent with the March 28, 2017 joint status report, the State Department
produced responsive records May 2017 and June 2017. The State Department two
productions included total documents released full. During the course
approximately weeks, Defendant processed and reviewed only 108 documents response
Plaintiff FOIA request (as documents were withheld full) average documents
per week documents per business day. See Ex. May 26, 2017, agency counsel informed undersigned counsel that the State
Department searches have uncovered excess 3,100 potentially responsive documents.
Upon Plaintiff request, again through counsel, the State Department disclosed June 2017
that the documents consist approximately 51,329 potentially responsive pages.
Since May 26, 2017, the parties conferred through counsel possibly reach
agreement for the production schedule the remaining responsive documents, however, the
State Department proposals far exceed any reasonable schedule for the parties able
reach agreement. Therefore, Plaintiff submits its individual status report herein. May 26, 2017, the State Department initially proposed process 300 pages
potentially responsive documents per month. production schedule consistent with Defendant
initial proposal would carry out the rolling production responsive documents more than
additional months December 2019. June 2017, the State Department revised its
proposal process 200 potentially responsive documents per month. This amended proposal
Case 1:17-cv-00205-CRC Document Filed 06/05/17 Page
too however, would extend the rolling production over additional months October 2018.
The State Department did not cite any reason for the undue delay processing Plaintiff
FOIA request the ability suddenly process the records half the time initially proposed.
Plaintiff submitted the FOIA request issue more than six (6) months ago. The State Department failures produce any records prior Plaintiff filing
this lawsuit demonstrate even reasonable effort processing and producing responsive
records since the Court minute order that was entered March 15, 2017 are evidence
Defendant slow dragging strategy this case. Supra,
Plaintiff seeks records about potential agency wrongdoing, which goes the
heart the public right know under FOIA, making the State Department processing
responsive records timely manner imperative this case.
Considering the critical issues surrounding this case and the records sought
herein, Plaintiff respectfully submits that the Court order the State Department produce all
non-exempt responsive records three monthly productions, with final production
before September 30, 2017. Ten months since Plaintiff FOIA request more than sufficient
time for the State Department complete its production all responsive, non-exempt records
this case. Therefore, Plaintiff proposes that the Court order the State Department complete its
production all non-exempt responsive records according the following schedule:
July 2017
Defendant 3rd monthly document production
August 2017
Defendant 4th monthly document production
September 2017
Defendant 5th monthly document production
September 30, 2017 Defendant final document production
Case 1:17-cv-00205-CRC Document Filed 06/05/17 Page
Plaintiff also recommends that the parties submit joint status report within
fifteen (15) days the State Department final document production with status and
recommendations for further proceedings. Accordingly, Plaintiff also proposes that the Court
order the parties file joint status report before October 15, 2017 with status the
case and further proceedings.
Dated: June 2017
Respectfully submitted,
/S/ Ramona Cotca
Ramona Cotca, D.C. Bar No. 501159
Judicial Watch, Inc.
425 Third Street, SW, Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff