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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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WILLIAM LEONARD PICKARD,
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Plaintiff(s),
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vs.
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UNITED STATES DEPARTMENT
OF JUSTICE,
Defendant(s).

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No. C 06-0185 CRB (PR)
ORDER REQUESTING
SEPARATE CASE
MANAGEMENT
STATEMENTS

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Plaintiff, a federal prisoner currently incarcerated at the United States

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Penitentiary in Tucson, Arizona, seeks enforcement of his Freedom of

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Information Act, 5 U.S.C. § 522 ("FOIA"), request to the Drug Enforcement

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Administration ("DEA") for records pertaining to confidential informant Gordon

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Todd Skinner. In response to plaintiff's request, the DEA submitted a Glomar

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response refusing to confirm or deny the existence of any responsive records

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pertaining to Skinner, citing exceptions 6 and 7(C), (D) and (F) of FOIA. After

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the Office of Information and Privacy ("OIP") upheld the DEA's response, the

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instant FOIA court action followed.

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After this court granted summary judgment in favor of the government,

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holding that Skinner's identity as a confidential informant had not been "officially

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confirmed" within the meaning of 5 U.S.C. § 552(c)(2), and that a Glomar

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response was appropriate under exemptions 7(C) an7(D), plaintiff appealed.

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Per order filed on July 27, 2011, the Ninth Circuit reversed and remanded.

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The court held that "because the government officially confirmed Skinner's status

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as an informant in open court in the course of official proceedings, the

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government cannot continue to 'neither admit nor deny' Skinner's informant status

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in response to a FOIA request." Pickard v. Dep't of Justice, No. 08-15504, slip

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op. 9625, 9628 (9th Cir. July 27, 2011). But the court made clear that this is not

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to say that all documents related to Skinner are subject to disclosure: "We simply

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hold that since Skinner has already been officially identified as an informant by

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government counsel and agents, the cat is out of the bag and the government must

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proceed to the next step – provide an index of the documents it has and make

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whatever additional objections to disclosure it deems appropriate." Id. at 9628-

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29. The court's mandate issued on September 19, 2011.

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In order to expedite these proceedings, the court orders that, by no later

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than December 16, 2011, the parties shall file separate case management

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statements addressing all of the topics set forth in the Standing Order for All

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Judges of the Northern District of California – Contents of Joint Case

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Management Statements, which can be found on the court's website located at

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http://www.cand.uscourts.gov. The clerk shall also mail a copy of the standing

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order to plaintiff, who is incarcerated and proceeding without counsel.

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SO ORDERED.

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DATED: Nov. 3, 2011

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CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\OTHER.06\Pickard, W.06-0185.or6.wpd

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