Electronic Frontier Foundation v. Department of Justice

Filing 27

ORDER AS MODIFIED BY THE COURT. Plaintiff's motion for summary judgment is denied without prejudice. Case Management Conference set for 11/17/2011 10:00 AM to be held telephonically. Signed by Judge Richard Seeborg on 3/3/11. (cl, COURT STAFF) (Filed on 3/3/2011)

Electronic Frontier Foundation v. Department of Justice

Doc. 27

*E-Filed 3/3/11* 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 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ELECTRONIC FRONTIER FOUNDATION, ) Case No. 10-CV-4892-RS ) Plaintiff, ) ) PROPOSED ORDER vs. ) AS MODIFIED BY COURT ) DEPARTMENT OF JUSTICE, ) ) Judge: Hon. Richard Seeborg Defendant. ) Date: March, 10 2011 ) Time: 10: a.m. ) Place: Telephonic Appearance ) David L. Sobel (pro hac vice pending) [e-mail] ELECTRONIC FRONTIER FOUNDATION 1818 N Street, N.W., Suite 410 Washington, DC 20036 Telephone: [phone] x104 Facsimile: [phone] Attorneys for Plaintiff TONY WEST Assistant Attorney General MELINDA HAAG United States Attorney ELIZABETH J. SHAPIRO Deputy Branch Director, Federal Programs Branch Civil Division NICHOLAS CARTIER, CA Bar #235858 Trial Attorney, Federal Programs Branch Civil Division 20 Massachusetts Ave NW, 7224 PO Box 883 (US Mail) Washington, DC 20530 Tel: [phone] Fax: [phone] email: [e-mail] Attorneys for Defendant JENNIFER LYNCH, CA BAR # 240701 ELECTRONIC FRONTIER FOUNDATION 454 Shotwell Street San Francisco, CA 94110 Telephone: [phone] Facsimile: [phone]

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10

Pursuant to agreement of the parties, the Court enters the following processing schedule in this case: I. Processing of Materials Responsive To Plaintiff's May 21, 2009 FOIA Request To the Federal Bureau of Investigation ("FBI") for "Going Dark" Materials.

By letter dated February 7, 2011, the FBI informed Plaintiff that it had completed the processing of 474 pages responsive to its May 21, 2009 request and was releasing 333 pages to Plaintiff. FBI shall complete the processing of the remaining potentially responsive materials to this request identified as of the date of this Order (approximately 480 pages), and produce any pages the FBI determines are appropriate for release, on or before March 18, 2011.

11 12 13 14 15 16 17 18 19 20 21 22 2011. If additional responsive materials are identified after the date of this order, the FBI will 23 24 25 26 27 28 process a minimum of 750 pages of any additional responsive materials identified, including producing any pages FBI determines are appropriate for release, within 30 days after identifying the additional responsive materials. DEA estimates that it has identified approximately 6,000 pages of potentially responsive materials to Plaintiff's September 28, 2010 request. DEA shall process a minimum of 1,000
2

If additional responsive materials are identified after the date of this order, the FBI will process a minimum of 750 pages of any additional responsive materials identified, including producing any pages FBI determines are appropriate for release, within 30 days after identifying the additional responsive materials. II. Processing of Materials Responsive To Plaintiff's September 28, 2010 FOIA Request to FBI, Drug Enforcement Agency ("DEA") and Criminal Division ("CRM") for Records Relating to Agency Difficulties Conducting Electronic Surveillance.

The FBI estimates that it has identified approximately 700 pages of potentially responsive materials to Plaintiff's September 28, 2010 request. FBI shall complete the processing of these pages, including producing any pages FBI determines are appropriate for release, by April 1,

1 2 3 4 5 6 7 8 9 10

pages, and produce any pages DEA determines are appropriate for release, by April 1, 2011. Thereafter, the parties agree that DEA will process a minimum of 750 pages, and produce any pages DEA determines are appropriate for release, on the first of each subsequent month until the processing is completed. CRM estimates that it has identified approximately 10,000 pages of potentially responsive materials to Plaintiff's September 28, 2010 request. The parties agree that CRM will process a minimum of 1,000 pages, and produce any pages CRM determines are appropriate for release, by April 1, 2011. Thereafter, the parties agree that CRM will process a minimum of 1,000 pages, and produce any pages CRM determines are appropriate for release, on the first of each

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
3

subsequent month until the processing is completed. The parties agree that the components will file status reports every 60 days from the date of this order informing the Court of the number of pages they have processed, and how long they estimate it will take before processing is completed. Plaintiff reserves the right to seek to proceed on summary judgment against the FBI regarding exemptions and withholdings independently from the other components.

In view of this stipulation, plaintiff's motion for summary judgment is denied without prejudice. The Case Management Conference is continued to November 17, 2011 at 10:00 a.m., to be held telephonically.

Dated:

3/3/11

_______________________________ RICHARD SEEBORG United States District Judge