Electronic Frontier Foundation v. Department of Defense et al

Filing 17

ORDER RE: SCHEDULING (tf, COURT STAFF) (Filed on 6/17/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TONY WEST Assistant Attorney General JOSEPH P. RUSSONIELLO United States Attorney JOHN TYLER Assistant Branch Director KIMBERLY L. HERB Illinois Bar No. 6296725 Trial Attorney Civil Division, Federal Programs Branch U.S. Department of Justice P.O. Box 883 Washington, D.C. 20044 Telephone: (202) 305-8356 Facsimile: (202) 616-8470 Attorneys for DEFENDANTS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ELECTRONIC FRONTIER FOUNDATION, Plaintiff, v. DEPARTMENT OF DEFENSE, et al., Defendants. Case No. CV 09-5640 SI STIPULATION REGARDING DOCUMENT PRODUCTION SCHEDULE AND PARTIAL DISMISSAL 1. The parties note that the following Defendants and subcomponents have responded to Plaintiff's Freedom of Information Act ("FOIA") request in the above-captioned case as follows: 1 Department of Justice, Executive Office for United States Attorneys The Central Intelligence Agency, Department of Homeland Security, Office of the Director of National Intelligence, Federal Bureau of Investigation, and Department of Defense produced pursuant to an agreement between the parties. 1 1 NO. CV 09-5640 SI STIPULATION REGARDING CASE MANAGEMENT SCHEDULE AND PARTIAL DISMISSAL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sent Final Response Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives Sent No Records Response Department of the Treasury Sent Final Production of Responsive Documents Department of Justice, Drug Enforcement Administration Sent No Records Response Department of Justice, Criminal Division Sent Interim Production of Responsive Documents Department of Justice, Criminal Division Sent Final Response Department of Defense Sent Interim Production of Responsive Documents Department of Homeland Security Sent Final Production of Responsive Documents Department of Justice, Federal Bureau of Investigation Sent Interim Production of Responsive Documents Office of the Director of National Intelligence Sent Final Production of Responsive Documents Department of Justice, Drug Enforcement Administration and Federal Bureau of Investigation Sent Supplemental Productions, Including Responsive Documents Department of Justice, Criminal Division Sent Supplemental Response November 27, 2009 November 27, 2009 January 11, 2010 February 1, 2010 March 3, 2010 March 10, 2010 May 3, 2010 May 5, 2010 May 5, 2010 May 14, 2010 May 14, 2010 May 21, 2010 2. The parties propose the following schedule to govern the remaining document productions responsive to Plaintiff's FOIA request as originally filed with the listed Defendant: Central Intelligence Agency's Final Production of Responsive Documents Federal Bureau of Investigation's Final Production of Responsive Documents Department of Defense's Final Production of Responsive Documents May 28, 2010 July 15, 2010 August 15, 2010 NO. CV 09-5640 SI STIPULATION REGARDING CASE MANAGEMENT SCHEDULE AND PARTIAL DISMISSAL 2 1 2 3 4 3. Plaintiff and Defendants, by and through undersigned counsel, hereby stipulate pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure that this action is dismissed without prejudice with regard to Department of Justice subcomponents the Executive Office for United States Attorneys and the Bureau of Alcohol, Tobacco, Firearms and Explosives, with each 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NO. CV 09-5640 SI STIPULATION REGARDING CASE MANAGEMENT SCHEDULE AND PARTIAL DISMISSAL party to bear its own costs and fees. DATED: May 27, 2010 /s/ Marcia Hofmann ELECTRONIC FRONTIER FOUNDATION Marcia Hofmann, Esq. 454 Shotwell Street San Francisco, CA 94110 Telephone: (415) 436-9333 Facsimile: (415) 436-9993 SAMUELSON LAW, TECHNOLOGY AND PUBLIC POLICY CLINIC Jason M. Schultz U.C. Berkeley School of Law 396 Simon Hall Berkeley, CA 94720-7200 Telephone: (510) 642-0499 Facsimile: (510) 643-4625 Attorneys for Plaintiff Respectfully submitted, TONY WEST Assistant Attorney General JOSEPH P. RUSSONIELLO United States Attorney JOHN TYLER Assistant Branch Director /s/ Kimberly L. Herb Kimberly L. Herb Trial Attorney United Stated Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave. NW Washington, DC 20530 Telephone: (202) 305-8356 Facsimile: (202) 616-8470 E-mail: Kimberly.L.Herb@usdoj.gov Attorneys for Defendants ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: 6/17/10 SUSAN ILLSTON United States District Judge 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 : GENERAL ORDER NO. 45(X) CERTIFICATION I attest that I have obtained Marcia Hoffmann's concurrence in the filing of this document. /s/ Kimberly L. Herb Kimberly L. Herb NO. CV 09-5640 SI STIPULATION REGARDING CASE MANAGEMENT SCHEDULE AND PARTIAL DISMISSAL 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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