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Judicial Watch • Kawa v State Plaintiff Consent Motion 81560

Kawa v State Plaintiff Consent Motion 81560

Kawa v State Plaintiff Consent Motion 81560

Page 1: Kawa v State Plaintiff Consent Motion 81560

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Number of Pages:11

Date Created:August 23, 2016

Date Uploaded to the Library:August 25, 2016

Tags:81560, Consent, Entered, Docket, Kawa, search, motion, documents, responsive, September, Hillary Clinton, Secretary, defendant, clinton, State Department, White House, plaintiff, FBI, document, records, department, FOIA, district, united


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Case 9:15-cv-81560-WPD Document Entered FLSD Docket 08/23/2016 Page THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT FLORIDA
WEST PALM BEACH DIVISION
LARRY KAWA,
Plaintiff,
U.S. DEPARTMENT STATE,
Defendant.
Civil Action No. 15-81560-WPD
PLAINTIFF CONSENT MOTION FOR EXTENSION TIME
Plaintiff Larry Kawa, counsel, respectfully moves for extension time, until and
including October 24, 2016, which file his opposition the State Department motion for
summary judgment and his cross-motion for summary judgment. Kawa also respectfully moves
for extension all other, related briefing dates. grounds therefor, Kawa states follows:
Good cause supports this motion. This case concerns Freedom Information
Act request for all communications between former Secretary State Hillary Clinton and the
White House from September 11, 2012 through September 18, 2012. response Kawa
FOIA request, Defendant searched the approximately 52,455 pages emails that Secretary
Clinton returned the State Department December 2014. These emails were previously
stored the clintonemail.com record system, which Secretary Clinton used conduct official
government business while she was secretary.
Since the State Department filed its motion for summary judgment, the Federal
Secretary Clinton did not use state.gov email account any time during her tenure
secretary.
Case 9:15-cv-81560-WPD Document Entered FLSD Docket 08/23/2016 Page
Bureau Investigation has delivered the State Department eight discs material that the FBI
obtained during its investigation Secretary Clinton use personal email system. See State
Department Status Report, Judicial Watch, Inc. U.S. Department State, 13-cv-1363 (EGS)
(D.D.C.) (filed Aug. 15, 2016) and which attached Exhibit The State
Department has described disc one contain[ing] e-mails and attachments that were sent
directly from former Secretary Clinton, e-mails that were sent from the former
Secretary point time e-mail chain, and were not included the materials provided
the State Department former Secretary Clinton December 2014. Id. The State
Department identified disc two containing classified information. Id. The State Department
has represented that the remainder the discs contain materials from custodians other than
former Secretary Clinton that were retrieved during the course the FBI investigation. Id.
Kawa believes that for the same reasons that the State Department determined the
emails returned Secretary Clinton would likely contain responsive records, the material
delivered the FBI also likely contain records responsive Kawa FOIA request.
The State Department has agreed search this material and produce all non-
exempt, responsive records Kawa. The State Department has informed Kawa that will
search the material, determine whether any responsive records exist, and complete its first
production non-exempt records, the extent any exist, September 30, 2016.
Having the State Department review the new material and produce all non-
exempt, responsive records Kawa before briefing continues both efficient and economical.
Kawa does not challenge the State Department searches the five separate record systems
maintained its Executive Secretariat the search the emails returned Secretary Clinton
Case 9:15-cv-81560-WPD Document Entered FLSD Docket 08/23/2016 Page December 2014. Therefore, Kawa anticipates this case proceeding one three ways. First, the State Department search the material delivered the FBI identifies records
responsive Kawa FOIA request, Kawa anticipates voluntarily dismissing the case. Second, the State Department search the material delivered the FBI identifies records
responsive Kawa FOIA request and the records are produced their entirety, Kawa
anticipates voluntarily dismissing the case. Third, the State Department search the
material delivered the FBI identifies records responsive Kawa FOIA request and any
record withheld whole part, Kawa anticipates substantive briefing concerning the
withholdings.
Kawa therefore respectfully requests that have until October 24, 2016 file
his opposition the State Department motion for summary judgment and his cross-motion for
summary judgment. This will allow the State Department have opportunity search the
material recently delivered the FBI and begin produce any non-exempt, responsive records Kawa.
Kawa counsel has conferred with the State Department counsel, and the State
Department consents the proposed extension. The State Department also intends file
status report September 15, 2016, updating Kawa and the Court the status its search.
WHEREFORE, Kawa respectfully moves for extension time, until and including
October 24, 2016, which file his opposition the State Department motion for summary
judgment and his cross-motion for summary judgment well extension all other,
related briefing dates.
Case 9:15-cv-81560-WPD Document Entered FLSD Docket 08/23/2016 Page
Respectfully submitted,
Dated: August 23, 2016
/s/ Horatio Mihet
Horatio Mihet
Florida Bar No. 0026581
LIBERTY COUNSEL
P.O. Box 540774
Orlando, 32854-0774
800-671-1776 Telephone
407-875-0770 Facsimile
court@lc.org
Michael Bekesha
Admitted Pro Hac Vice
JUDICIAL WATCH, INC.
425 Third Street, SW, Suite
(202) 646-5172
(202) 646-5199
Attorneys for Plaintiff
Case 9:15-cv-81560-WPD Document Entered FLSD Docket 08/23/2016 Page
CERTIFICATE SERVICE hereby certify that August 23, 2016, copy the foregoing motion was filed
electronically via the Court ECF system, which effects service upon all counsel record.
/s/ Horatio Mihet
Horatio Mihet
Case 9:15-cv-81560-WPD Document 22-1 Entered FLSD Docket 08/23/2016 Page
Exhibit
Case 9:15-cv-81560-WPD Document 22-1 Entered onFiled 08/15/16 08/23/2016 Page
Case 1:13-cv-01363-EGS Document 122 FLSD Docket Page
UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
____________________________________
JUDICIAL WATCH, INC.,
Plaintiff,
Civil Action No. 13-CV-1363 (EGS)
UNITED STATES DEPARTMENT
STATE,
Defendant.
____________________________________)
STATUS REPORT
Defendant United States Department State State respectfully submits the following
status report concerning the transmission documents from the FBI State and State work
search those documents for records responsive the underlying FOIA request this case. State indicated its July 29, 2016 Status Report, the FBI delivered the
State Department July 21, 2016, disc containing information recovered the FBI the
course its investigation. The disc contained e-mails and attachments that were sent directly from former Secretary Clinton, e-mails that were sent from the former Secretary
point time e-mail chain, and were not included the materials provided the State
Department former Secretary Clinton December 2014. See ECF No. 116 July Status
Report The FBI also sent State second disc containing classified documents. See id.
n.1.
Case 9:15-cv-81560-WPD Document 22-1 Entered onFiled 08/15/16 08/23/2016 Page
Case 1:13-cv-01363-EGS Document 122 FLSD Docket Page
State has completed search the two discs described the preceding
paragraph using the search terms and date range agreed upon the parties.1 After reviewing the
search results, State determined that there were records responsive Plaintiff FOIA
request. August 2016, the FBI made its second and final transmission documents State, consisting six discs. State indicated its July Status Report, this transmission
includes materials from custodians other than former Secretary Clinton that were retrieved
during the course the FBI investigation, including materials from Ms. Abedin
clintonemail.com account. See July Status Report the date this filing, State has loaded all but two the discs provided
August into document management system and searched them using the search terms and
date range previously agreed the parties. State currently working determine whether
any the documents that satisfied the search terms are records responsive Plaintiff FOIA
request, and anticipates completing this determination the time its next status report. See
infra State understanding that one the two discs yet searched contains the
collection documents previously returned the State Department former Secretary
Clinton, which has already been reviewed the State Department and posted its FOIA
website. State currently working verify that all the documents this disc are fact
duplicative those previously reviewed State and searched for records responsive this
case.
The second disc contained some documents that were already the State Department
possession and were previously searched for responsive records this case using the search
terms and date range agreed the parties. State has not re-searched those documents.
Case 9:15-cv-81560-WPD Document 22-1 Entered onFiled 08/15/16 08/23/2016 Page
Case 1:13-cv-01363-EGS Document 122 FLSD Docket Page
Because the volume materials located the final disc, State requires
additional time load them into document management system that they can searched. with the other materials that State has received from the FBI, State will search these materials
for documents potentially responsive Plaintiff FOIA request prior determining whether
any documents are agency records. potentially responsive documents are identified this
search, State will assess whether the identified documents are agency records and, they are,
review them for release Plaintiff pursuant the FOIA. State anticipates completing initial
search these documents, using the search terms and date range previously agreed upon the
parties, later than August 26, 2016.
State proposes submitting further status report Monday, August 29.
Dated: August 15, 2016
Respectfully submitted,
BENJAMIN MIZER
Principal Deputy Assistant Attorney General
MARCIA BERMAN
Assistant Director
/s/ Steven Myers
CAROLINE LEWIS WOLVERTON (DC 496433)
Senior Trial Counsel
STEVEN MYERS (NY 4823043)
Trial Attorney
United States Department Justice
Civil Division, Federal Programs Branch Massachusetts Avenue, N.W.
Washington, D.C. 20530
Tel.: (202) 305-8648
Fax: (202) 616-8460
Email: steven.a.myers@usdoj.gov
Attorneys for Defendant
Case 9:15-cv-81560-WPD Document 22-2 Entered FLSD Docket 08/23/2016 Page THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT FLORIDA
WEST PALM BEACH DIVISION
LARRY KAWA,
Plaintiff,
U.S. DEPARTMENT STATE,
Defendant.
Civil Action No. 15-81560-WPD
[PROPOSED] ORDER
Upon consideration Plaintiff Consent Motion for Extension Time and the entire
record herein, hereby ORDERED that:
The motion GRANTED;
Defendant shall file Status Report September 15, 2016;
State Department will search the material delivered the FBI, determine
whether any responsive records exist, and complete its first production non-exempt records,
the extent any exist, September 30, 2016;
Plaintiff Opposition Defendant Motion for Summary Judgment and its
Cross-Motion for Summary Judgment shall filed October 24, 2016;
Defendant Reply Support its Motion for Summary Judgment and
opposition Plaintiff Motion for Summary Judgment shall filed November 21, 2016;
and
Plaintiff Reply Support its Motion for Summary Judgment shall filed
December 2016.
Case 9:15-cv-81560-WPD Document 22-2 Entered FLSD Docket 08/23/2016 Page ORDERED this ____ day _______, 2016.
___________________________
William Dimitrouleas
UNITED STATES DISTRICT JUDGE
Service List:
Michael Bekesha, Counsel for Plaintiff
James Bickford, Counsel for Defendant
Horatio Mihet, Counsel for Plaintiff
Carlos Javier Raurell, Counsel for Defendant