Nossaman LLP et al v. United States Department of Homeland Security

Filing 31

STIPULATION and ORDER Resolving Freedom of Information Act Suit, signed by Judge Oliver W. Wanger on 7/29/11: This action is DISMISSED WITH PREJUDICE. (CASE CLOSED)(Hellings, J)

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BENJAMIN B. WAGNER
United States Attorney
YOSHINORI H. T. HIMEL
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, California 95814
Telephone: [phone]
Attorneys for Defendant
UNITED STATES DEPARTMENT OF HOMELAND SECURITY

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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NOSSAMAN LLP,

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Plaintiff,
v.

1:10-cv-1627-OWW-DLB
STIPULATION AND ORDER
RESOLVING FREEDOM OF
INFORMATION ACT SUIT

UNITED STATES DEPARTMENT
OF HOMELAND SECURITY,

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Defendant.
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Subject to the approval of the Court as provided for hereon, the parties hereby
stipulate as follows:
1. By this stipulation and proposed Order, the plaintiff, Nossaman LLP

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("Nossaman"), and the defendant, U.S. Department of Homeland Security ("DHS"),

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compromise and resolve all issues in the captioned Freedom of Information Act ("FOIA")

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action premised on a FOIA request by Nossaman to the Federal Emergency Management

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Agency ("FEMA"). Specifically, the questions of the scope of the FOIA request dated

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March 16, 2009, the legal status of documents held by federal contractor Insurance

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Services Office, Inc., of Central Point, Oregon ("ISO"), DHS's FOIA administrative fees

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under 5 U.S.C. § 552(a)(4)(A), taxable costs under 28 U.S.C. § 1920, and Nossaman's

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STIPULATION AND ORDER RESOLVING FREEDOM OF INFORMATION ACT SUIT

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attorney's fees and litigation costs under 5 U.S.C. § 552(a)(4)(E), are settled hereby. No

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admission is made on these or any other subjects.

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2. Defendant has obtained and redacted, and defense counsel holds in electronic

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form, approximately 4,500 pages of materials from ISO. These will be supplied to

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Nossaman promptly, and in any event within 30 days from approval hereof.

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3. This action is hereby DISMISSED WITH PREJUDICE.

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4. No money shall change hands. All amounts incurred for defendant's FOIA

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administrative fees and Nossaman's costs or attorney's fees are deemed to cancel each

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other.

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Dated: July 29, 2011

NOSSAMAN LLP

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By:
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Dated: July 29, 2011

/s/ Paul S. Weiland
PAUL S. WEILAND
ROBERT C. HORTON
Attorneys for Plaintiff
BENJAMIN B. WAGNER
United States Attorney

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By:
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/s/ YHimel
YOSHINORI H. T. HIMEL
Assistant U. S. Attorney
Attorneys for Defendant

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ORDER
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IT IS SO ORDERED.
Dated:
July 29, 2011
emm0d6

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER RESOLVING FREEDOM OF INFORMATION ACT SUIT

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