Center for Biological Diversity v. Office of Management and Budget

Filing 56

STIPULATION AND ORDER extending 11/3/2008 deadline to 11/13/2008 for OMB to produce final Vaughn index and supporting declarations; Signed by Judge Marilyn Hall Patel on 11/14/2008. (awb, COURT-STAFF) (Filed on 11/18/2008)

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division MICHAEL T. PYLE (CSBN 172954) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant Office of Management and Budget

8 9 10 11 12 13 14 15 16 17 Attorneys for Plaintiff Center for Biological Diversity 18 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA 21 SAN FRANCISCO DIVISION 22 23 24 Plaintiff, 25 v. 26 27 28 THE OFFICE OF MANAGEMENT AND BUDGET, Defendant. CENTER FOR BIOLOGICAL DIVERSITY, a non-profit organization, ) ) ) ) ) ) ) ) ) ) ) ) No. C 07-4997 MHP STIPULATION AND [PROPOSED] ORDER REGARDING NOVEMBER 3, 2008 DEADLINE Deborah A. Sivas (CSBN 135446) Leah J. Russin (CSBN 225336) ENVIRONMENTAL LAW CLINIC MILLS LEGAL CLINIC Stanford Law School Crown Quadrangle 559 Nathan Abbot Way Stanford, CA 94305-8610 Telephone: [phone] Facsimile: [phone] Justin Augustine (CSBN 235561) CENTER FOR BIOLOGICAL DIVERSITY 351 California Street, Suite 600 San Francisco, CA 94104 Phone: [phone] Facsimile: [phone]

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IT IS HEREBY STIPULATED, by and between the undersigned, subject to the approval of the Court, that the November 3, 2008 deadline for certain events as more fully described in Paragraph 3 of the Court's August 7, 2008 Order be modified as follows. Paragraph 3 currently reads: "OMB shall complete its response to the FOIA request at issue in this action by November 3, 2008, including the production of responsive documents not subject to withholding under a FOIA exemption or privilege (which production shall be made in stages, on September 8, 2008, October 8, 2008 and November 3, 2008), the production of final Vaughn indices (which may be categorical rather than document by document), and the production of any declaration(s) related to documents withheld under a FOIA exemption or privilege." Counsel for OMB has represented to counsel for CBD that OMB is unable, by November 3, 2008, to produce a final Vaughn index that identifies the documents it will withhold under a FOIA exemption or privilege individually rather than by category and that it cannot produce final supporting declarations until the Vaughn index is complete. Although it is CBD's position that OMB's delay is unreasonable, based on OMB's representation, CBD agrees, and the parties stipulate to the following, subject to the Court's approval: OMB shall produce all responsive documents it contends are not subject to withholding under a FOIA exemption or privilege and a draft Vaughn index and supporting declarations on or before November 3, 2008 and OMB shall produce its final Vaughn index (describing each withheld document individually) and final supporting declarations on or before November 13, 2008. Respectfully submitted, DATED: November 3, 2008 By: _____/s/________________________ VERA PARDEE Attorneys for Plaintiff

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STIPULATION AND [PROPOSED] ORDER RE NOVEM B E R 3, 2008 DEADLINE N o . C 07-4997 MHP

1 2 3 4 DATED: November 3, 2008 5 6 7 8 9 10 11 12 13 14 15 16 17 14 DATED: November__, 2008 By:

JOSEPH P. RUSSONIELLO United States Attorney

_____/s/ _______________________ MICHAEL T. PYLE Assistant United States Attorney Attorneys for Defendant

PURSUANT TO STIPULATION, IT IS SO ORDERED: The deadlines set by this Court on August 7, 2008 remain in effect with the following changes: OMB shall produce all responsive documents it contends are not subject to withholding under a FOIA exemption or privilege, a draft Vaughn index, and drafts of supporting declarations to CBD on or before November 3, 2008. OMB shall produce to CBD its final Vaughn index (which index will describe each withheld document individually) and final supporting declarations on or before November 13, 2008.

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