The American Civil Liberties Union of North California et al v. Federal Bureau of Investigation

Filing 56

JOINT STIPULATION AND ORDER REGARDING DOCUMENT PRODUCTION SCHEDULE. Status Conference set for 6/23/2011 at 10:30 A.M. before Magistrate Judge Laurel Beeler. Signed by Magistrate Judge Laurel Beeler on 4/13/2011. (ls, COURT STAFF) (Filed on 4/13/2011)

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SOMNATH RAJ CHATTERJEE (CA SBN 177019)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105
Telephone: [phone] / Facsimile: 415.268.7200

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KATHERINE NOLAN-STEVAUX (CA SBN 244950)
[e-mail]
MORRISON & FOERSTER LLP
755 Page Mill Road
Palo Alto, California 94304-1018
Telephone: [phone] / Facsimile: 650.494.0792
Attorneys for Plaintiffs

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[Additional Counsel on Signature Page]
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IAN HEATH GERSHENGORN
Assistant Attorney General
JOHN R. TYLER
Assistant Branch Director
TAMARA ULRICH
Trial Attorney
U.S. Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, NW
Washington, D.C. 20530
Telephone:
[phone]
Fax:
[phone]
Email: [e-mail]
Attorneys for Defendants
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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THE AMERICAN CIVIL LIBERTIES UNION
OF NORTHERN CALIFORNIA, ASIAN LAW
CAUCUS, SAN FRANCISCO BAY
GUARDIAN
Plaintiffs,

Case No.

3:10-cv-03759-RS

JOINT STIPULATION
REGARDING DOCUMENT
PRODUCTION SCHEDULE
Judge: Hon. Magistrate Judge Laurel
Beeler

v.
FEDERAL BUREAU OF INVESTIGATION,
DEPARTMENT OF JUSTICE,
Defendants.

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JOINT STIPULATION REGARDING DOCUMENT PRODUCTION SCHEDULE
CASE NO. 3:10-cv-03759-RS
pa-1457603

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The parties to this action, through their attorneys of record listed below, hereby stipulate
as follows:
WHEREAS the parties conferred with Magistrate Judge Laurel Beeler on April 4, 2011 as

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ordered by Judge Richard Seeborg to address their disputes regarding the production of

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documents in response to the expedited March 9, 2010 Request and the non-expedited July 27,

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2011 FOIA Request (which was added to this case on February 11, 2011);

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WHEREAS the defendants have thus far identified approximately 35,000 pages of
potentially responsive documents to the FOIA Requests;
WHEREAS the defendants have processed a total of 3,835 pages in response to both
FOIA Requests;
WHEREAS Magistrate Judge Beeler, pursuant to Local Rule 72-1, agreed to issue an

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Order pursuant to a stipulation detailing the schedule and procedure for further document

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processing and production in this action;

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IT IS HEREBY AGREED AND STIPULATED THAT:

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1.

The defendants shall complete production of documents responsive to the March

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9th and July 27th FOIA Requests, subject to any claimed exemptions, within eight months of the

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date of this order, absent a further order from the Court.

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2.

The defendants produce the responsive information, subject to any claimed

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exemptions, to plaintiffs’ requests for aggregate data as defined in the March 9, 2010 FOIA

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Request at subheading I. (3) (at Pages 3-4) within thirty days of the date of this order or state in

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writing that there are no documents responsive to that portion of Plaintiffs’ request.

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3.

The FBI shall initially review and process all FBI generated documents as defined

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in the March 9, 2010 FOIA Request at subheading I. (1) a, b, d, e, and h (at Pages 2-3) within

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thirty days of this order. The FBI will complete further review and the defendants will produce

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responsive documents, subject to any claimed exemptions, to this portion of the request within

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two weeks thereafter.

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4.

The defendants shall review and process the remaining requests in the March 9,

2010 and July 27, 2010 FOIA Requests at a rate of 2,500 pages per month or more and in a
JOINT STIPULATION REGARDING DOCUMENT PRODUCTION SCHEDULE
CASE NO. 3:10-CV-03759-RS
pa-1457603

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manner sufficient to meet the eight month deadline as set forth in Paragraph 1 above. With

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regard to remaining requests, the defendants’ processing and production of information shall be

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prioritized as follows: FBI generated documents regarding domain management, assessments, and

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investigations as described in the March 9, 2010 FOIA Request at subheading I. (2) a and c (at

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Page 2) shall be prioritized over the remaining materials in the FOIA requests; responsive

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documents not generated by the FBI as well as the Virtual Academy online training courses shall

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be given secondary priority, including textbook-related materials not generated by the FBI. The

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defendants shall produce to the plaintiffs a list of the Virtual Academy online courses identified

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by the defendants as responsive and the plaintiffs will promptly let the defendants know what

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course materials they would like the defendants to process. With respect to the Virtual Academy

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online courses, the defendants will be obligated to process only the material from those courses

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identified by the plaintiffs.

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5.

The defendants shall provide status reports with each document production

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detailing how many processors are working on the request, how many pages are in the processing

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system and, for each of the work folders in the processing system, at what stage the work folders

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are within in the processing system.

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6.

To address document processing and production issues, the parties shall

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telephonically participate in status conferences regarding the pace and content of document

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production at least every sixty days with the Court, Magistrate Judge Beeler presiding, as

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scheduled by the Court. The parties will address the production of a Vaughn Index, a search

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affidavit, and other issues in this action during subsequent status conferences.

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7.

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Local Rule 72-2.

Any party may seek review of any subsequent order by the Magistrate Judge under

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JOINT STIPULATION REGARDING DOCUMENT PRODUCTION SCHEDULE
pa-1457603

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Dated: April 13, 2011
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By: /s/ Tamara Ulrich
TAMARA ULRICH

By: /s/ Somnath Raj Chatterjee
SOMNATH RAJ CHATTERJEE

IAN HEATH GERSHENGORN
Assistant Attorney General
JOHN R. TYLER
Assistant Branch Director
TAMARA ULRICH
Trial Attorney
U.S. Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, NW
Washington, D.C. 20530
Telephone:
[phone]
Fax:
[phone]
Email: [e-mail]

SOMNATH RAJ CHATTERJEE (CA SBN
177019)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105
Telephone: [phone] / Facsimile:
415.268.7200

Attorneys for Defendants
FEDERAL BUREAU OF
INVESTIGATIONS, DEPARTMENT OF
JUSTICE

KATHERINE NOLAN-STEVAUX (CA
SBN 244950)
[e-mail]
MORRISON & FOERSTER LLP
755 Page Mill Road
Palo Alto, California 94304-1018
Telephone: [phone] / Facsimile:
650.494.0792
JULIA HARUMI MASS (CA SBN 189649)
[e-mail]
ACLU FOUNDATION OF NORTHERN
CALIFORNIA
39 Drumm Street
San Francisco, California 94111
Telephone: [phone] / Facsimile:
415.255.8437
VEENA B. DUBAL (CA SBN 249268)
[e-mail]
ASIAN LAW CAUCUS
55 Columbus Avenue
San Francisco, California 94111
Telephone: [phone] / Facsimile:
415.896.1702
Attorneys for Plaintiffs
THE AMERICAN CIVIL LIBERTIES
UNION OF NORTHEN CALIFORNIA,
ASIAN LAW CAUCUS, AND THE SAN
FRANCISCO BAY GUARDIAN

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JOINT STIPULATION REGARDING DOCUMENT PRODUCTION SCHEDULE
pa-1457603

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ATTESTATION OF E-FILED SIGNATURE

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I, Katherine Nolan-Stevaux, am the ECF User whose ID and Password are being used to file this

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Joint Stipulation Regarding Amended Complaint. In compliance with General Order 45, X.B., I

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hereby attest that Somnath Raj Chatterjee and Tamara Ulrich have concurred in this filing.

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Dated: April 13, 2011

By: /s/ Katherine Nolan-Stevaux

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JOINT STIPULATION REGARDING DOCUMENT PRODUCTION SCHEDULE
pa-1457603

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[PROPOSED] ORDER
Having reviewed the parties’ joint stipulation,

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It is so ORDERED this 13th day of April, 2011.

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Status Conferences set as follows:

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June 23, 2011 at 10:30 a.m., August 25, 2011 at 10:30 a.m. and

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October 27, 2011 at 10:30 a.m.

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______________________________________
Honorable Laurel Beeler
United States Magistrate Judge

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JOINT STIPULATION REGARDING DOCUMENT PRODUCTION SCHEDULE
pa-1457603

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