Rosenfeld v. Federal Bureau of Investigation et al

Filing 146

STIPULATION AND ORDER re 145 Pursuant To Local Civil Rule 6-2 To Entry of Judgment and To Extend Time To Request Fees; and [Proposed] Order filed by United States Department of Justice, Federal Bureau of Investigation. Signed by Judge Edward M. Chen on 3/28/12. (bpf, COURT STAFF) (Filed on 3/28/2012)

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MELINDA HAAG
United States Attorney
JOANN M. SWANSON (SBN 88143)
Chief, Civil Division
ILA DEISS (NYSBN 3052909)
Assistant United States Attorney

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450 Golden Gate Avenue, 9th Floor
San Francisco, California 94102-3495
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

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JAMES TIMBRELL
Certified Student Attorney

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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SETH ROSENFELD,
Plaintiff,

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v.
UNITED STATES DEPARTMENT OF
JUSTICE, and UNITED STATES
FEDERAL BUREAU OF
INVESTIGATION,

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Defendants.
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No. C 07-3240 EMC

STIPULATION PURSUANT TO
LOCAL CIVIL RULE 6-2 TO ENTRY
OF JUDGMENT AND TO EXTEND
TIME TO REQUEST FEES; AND
[PROPOSED] ORDER

Pursuant to Civil Local Rules 6-2(a) and 7-12, the parties, through their undersigned
counsel, hereby stipulate that
1. WHEREAS on June 6, 2007, plaintiff Seth Rosenfeld brought this action against the

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Federal Bureau of Investigation (“FBI”) and the United States Department of Justice, seeking the

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release of certain records under the FBI’s control through the Freedom of Information Act

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(“FOIA”), 5 U.S.C. § 552;

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2. WHEREAS on March 5, 2012, the Court rendered a decision on the parties’ final
motion for summary judgment and the FBI has complied with the Court’s order;
3. WHEREAS nothing is left in the dispute and the only remaining issue in the case is
Stipulation to Enter Judgment; Extension of Time
C 07-3240 EMC

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plaintiff’s demand for attorney fees and costs under 5 U.S.C. § 552(a)(4)(E);

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4. The parties hereby jointly request that the Court enter final Judgment in this matter

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pursuant to Fed. R. Civ. P. 58(d) and allow the parties 60 days from the date of this Order for

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plaintiff to serve defendants with a fee demand, for the parties to meet and confer about fees as

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available under 5 U.S.C. § 552(a)(4)(E), and/or to file an appropriate motion with the Court, if

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necessary.

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5. Nothing in this Stipulation and Order shall constitute an admission by the FBI or the

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United States Department of Justice that plaintiff is eligible for or entitled to an award of attorney

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fees in this case.

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6. This Stipulation and Order shall not constitute precedent in connection with a motion
for attorney fees in any other case.
7. This Stipulation and Order constitutes the entire agreement between plaintiff and

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defendants.

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Dated: March 20, 2012

Respectfully submitted,
MELINDA HAAG
United States Attorney

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/s/
ILA C. DEISS
Assistant United States Attorney

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Attorneys for Defendants

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Dated: March 20, 2012

__________/s/____________________
JAMES WHEATON
Attorney for Plaintiff

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[PROPOSED] ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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1. This action IS DISMISSED WITH PREJUDICE, with the exception of the plaintiff’s
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demand for attorney fees as provided for under 5 U.S.C. § 552(a)(4)(E).
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Stipulation to Enter Judgment; Extension of Time
C 07-3240 EMC

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2. Judgment shall be entered pursuant to Fed. R. Civ. P. 58(a).

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3. Plaintiff shall have 60 days from the date of this Order, in which to serve defendants

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with a fee demand under 5 U.S.C. § 552(a)(4)(E), if any, meet and confer with defendants, and if

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no agreement is met, to move the Court for appropriate relief.

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Stipulation to Enter Judgment; Extension of Time
C 07-3240 EMC

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___________________________
EDWARD M. CHEN
United States District Court RED
ORDE Judge

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3/28/12

UNIT
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Dated:

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