Pickard v. Department of Justice

Filing 132

ORDER REQUESTING SEPARATE CASE MANAGEMENT STATEMENTS. Signed by Judge Charles R. Breyer on 11/3/2011. (Attachments: # 1 Certificate of Service)(beS, COURT STAFF) (Filed on 11/8/2011)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 WILLIAM LEONARD PICKARD, 10 Plaintiff(s), 11 vs. 12 13 14 UNITED STATES DEPARTMENT OF JUSTICE, Defendant(s). ) ) ) ) ) ) ) ) ) ) ) No. C 06-0185 CRB (PR) ORDER REQUESTING SEPARATE CASE MANAGEMENT STATEMENTS 15 16 Plaintiff, a federal prisoner currently incarcerated at the United States 17 Penitentiary in Tucson, Arizona, seeks enforcement of his Freedom of 18 Information Act, 5 U.S.C. § 522 ("FOIA"), request to the Drug Enforcement 19 Administration ("DEA") for records pertaining to confidential informant Gordon 20 Todd Skinner. In response to plaintiff's request, the DEA submitted a Glomar 21 response refusing to confirm or deny the existence of any responsive records 22 pertaining to Skinner, citing exceptions 6 and 7(C), (D) and (F) of FOIA. After 23 the Office of Information and Privacy ("OIP") upheld the DEA's response, the 24 instant FOIA court action followed. 25 After this court granted summary judgment in favor of the government, 26 holding that Skinner's identity as a confidential informant had not been "officially 27 confirmed" within the meaning of 5 U.S.C. § 552(c)(2), and that a Glomar 28 response was appropriate under exemptions 7(C) an7(D), plaintiff appealed. 1 Per order filed on July 27, 2011, the Ninth Circuit reversed and remanded. 2 The court held that "because the government officially confirmed Skinner's status 3 as an informant in open court in the course of official proceedings, the 4 government cannot continue to 'neither admit nor deny' Skinner's informant status 5 in response to a FOIA request." Pickard v. Dep't of Justice, No. 08-15504, slip 6 op. 9625, 9628 (9th Cir. July 27, 2011). But the court made clear that this is not 7 to say that all documents related to Skinner are subject to disclosure: "We simply 8 hold that since Skinner has already been officially identified as an informant by 9 government counsel and agents, the cat is out of the bag and the government must 10 proceed to the next step – provide an index of the documents it has and make 11 whatever additional objections to disclosure it deems appropriate." Id. at 9628- 12 29. The court's mandate issued on September 19, 2011. 13 In order to expedite these proceedings, the court orders that, by no later 14 than December 16, 2011, the parties shall file separate case management 15 statements addressing all of the topics set forth in the Standing Order for All 16 Judges of the Northern District of California – Contents of Joint Case 17 Management Statements, which can be found on the court's website located at 18 http://www.cand.uscourts.gov. The clerk shall also mail a copy of the standing 19 order to plaintiff, who is incarcerated and proceeding without counsel. 20 SO ORDERED. 21 DATED: Nov. 3, 2011 22 CHARLES R. BREYER United States District Judge 23 24 25 26 G:\PRO-SE\CRB\OTHER.06\Pickard, W.06-0185.or6.wpd 27 28 2

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