Eslaminia, et al v. FBI, et al

Filing 89

ORDER RE FURTHER SUBMISSIONS: In view of the court's understanding of the declassification provisions of Executive Order 13526, the court requests that defendants advise the court of their intentions with respect to declassification; whether the y intend to invoke any of the subparagraphs and, if so, identify them and set forth the bases upon which they would seek such invocation. Also, if the court misperceives the effect of the Executive Order, defendants shall explain their interpretatio n. Defendants shall file this requested submission on or before September 15, 2011. Plaintiffs may respond on or before September 30, 2011. No further submissions shall be made; Signed by Judge Marilyn Hall Patel on 8/25/2011. (awb, COURT STAFF) (Filed on 8/26/2011)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
No. C 99-3249 MHP
8

REZA ESLAMINIA, et al.,

United States District Court
For the Northern District of California

10
11
12

ORDER RE
FURTHER
SUMISSIONS

Plaintiff(s),

9
vs.

FEDERAL BUREAU OF INVESTIGATION, et al.,
Defendant(s).
/

13
14
This Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq., matter has been pending
15
for a substantial period of time as the parties know, and through no fault of theirs. According to the
16
record in this case the documents sought pursuant to FOIA were classified in August 1986. See,
17
e.g., Jt. State. Undisp. Facts ¶14. The exact date in August 1986 is not clear from the papers before
18
the court. However, the August 1986 date appears to have some significance for this proceeding.
19
On December 29, 2009, the President of the United States signed Executive Order 13526, 75
20
Fed. Reg. 707 (Dec. 29, 2009)(replacing Executive Orders 13292 and 12958), effective June 27,
21
2010. In accordance with section 3.3(a) of the Order classified records that are more than 25 years
22
old are to be automatically declassified. Specifically, it would appear under this section, the
23
declassification shall occur at least by “December 31 of the year that is 25 years from the date of
24
origin” unless action is taken under paragraphs (b)-(d) and (g)-(j) or the terms of those paragraphs
25
are otherwise triggered. Thus, it would appear that at least by December 31, 2011 the records
26
sought in this action will be automatically declassified in the absence of an exception under any of
27
these subparagraphs.
28

1

In view of the court’s understanding of the declassification provisions of Executive Order

2

13526, the court requests that defendants advise the court of their intentions with respect to

3

declassification; whether they intend to invoke any of the subparagraphs and, if so, identify them

4

and set forth the bases upon which they would seek such invocation. Also, if the court misperceives

5

the effect of the Executive Order, defendants shall explain their interpretation. Defendants shall file

6

this requested submission on or before September 15, 2011. Plaintiffs may respond on or before

7

September 30, 2011. No further submissions shall be made.

8
9

IT IS SO ORDERED.

United States District Court
For the Northern District of California

10
11

Date: August 25, 2011
MARILYN HALL PATEL
United States District Court Judge
Northern District of California

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2