Electronic Frontier Foundation v. Department of Justice

Filing 62

ORDER RE 61 DEADLINE FOR COMPLETING REVISED VAUGHN INDEX, ADDITIONAL REVIEW OF DOCUMENTS, AND BRIEFING SCHEDULE FOR SUMMARY JUDGMENT MOTIONS. Signed by Judge Richard Seeborg on 11/27/12. (cl, COURT STAFF) (Filed on 11/27/2012)

1
2
3
4
5
6
7
8
9

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

10
11

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

12
13
14
15
16
17
18
19
20

)
ELECTRONIC FRONTIER FOUNDATION, ) Case No. 10-CV-4892-RS
)
Plaintiff,
) [PROPOSED] ORDER RE
) DEADLINE FOR COMPLETING
vs.
) REVISED VAUGHN INDEX,
) ADDITIONAL REVIEW OF
DEPARTMENT OF JUSTICE,
) DOCUMENTS, AND BRIEFING
) SCHEDULE FOR SUMMARY
Defendant.
) JUDGMENT MOTIONS
)
)
)

21
Pursuant to the Court’s October 30, 2012, Order Re Cross Motions for Summary Judgment
22
23
24

(ECF No. 60), the parties, through their counsel, have conferred and hereby provide the following
joint status report and scheduling stipulation:

25

The Federal Bureau of Investigation (“FBI”) will provide Plaintiff with a revised Vaughn

26

index that will group documents into function- and topic-based categories. The FBI will provide

27

the revised index to Plaintiff no later than December 14, 2012.

28
10-CV4892-RS

[PROPOSED] ORDER

1

The FBI, Drug Enforcement Administration (“DEA”) and the Department of Justice’s

2

Criminal Division (“CRM”) will conduct a review of pages that were previously withheld in full or

3

part from otherwise responsive documents based on the components’ prior determination that the

4
information in question was outside the scope of Plaintiff’s FOIA requests. The parties have
5
6

agreed that the FBI, DEA and CRM will complete this review and provide any additional, non-

7

exempt information to Plaintiff by December 14, 2012. If, as a result of the review, the FBI, DEA

8

or CRM determines that additional information is responsive to Plaintiff’s FOIA requests and may

9

be subject to an applicable FOIA exemption, the components will complete the processing of such

10

information and, if responsive material is withheld pursuant to an exemption, provide a

11

supplemental Vaughn index of any such material by January 25, 2013.

12
Lastly, the parties have agreed upon a proposed briefing schedule for renewed cross13
14
15

motions for summary judgment as follows:

Defendant DOJ and its components DEA, DOJ Criminal Division
and FBI move for summary judgment.

January 31, 2013

16
17

Plaintiff files opposition and cross-moves for summary judgment.

February 28, 2013

Defendant files reply and opposition to Plaintiff’s motion.

March 21, 2013

Plaintiff files reply in support of motion for summary judgment.

April 11, 2013

Hearing on cross motions.

April 25, 2013

18
19
20
21
22
23

DATED: November 27, 2012

24
25
26
27

/s/ Nicholas Cartier
NICHOLAS CARTIER, CA Bar #235858
Trial Attorney, Federal Programs Branch
Civil Division
20 Massachusetts Ave NW, 7224
Washington, DC 20044
Tel: [phone]
Fax: [phone]
email: [e-mail]
Attorney for Defendant

28
10-CV4892-RS

[PROPOSED] ORDER

1
2
3

CERTIFICATE OF SERVICE

4

I hereby certify that on November 27, 2012, I caused a copy of the foregoing to be served

5
on Plaintiff via the Court’s ECF system.
6
7

/s/ Nicholas Cartier
NICHOLAS CARTIER

8
9
10
11

GENERAL ORDER NO. 45(X) CERTIFICATION

12

I attest that I have obtained the concurrence of Jennifer Lynch, counsel for Plaintiff, in the

13
14

filing of this document.

15

/s/ Nicholas Cartier
NICHOLAS CARTIER

16
17
18

PURSUANT TO STIPULATION, IT IS SO ORDERED.

19
20

Dated: 11/27/12
Hon. Richard Seeborg
United States District Judge

21
22
23
24
25
26
27
28
10-CV4892-RS

[PROPOSED] ORDER