American Civil Liberties Union of Northern California et al v. Department of Justice

Filing 84

ORDER by Magistrate Judge Maria-Elena James granting 83 Stipulation of Partial Dismissal with Prejudice. (rmm2S, COURT STAFF) (Filed on 8/21/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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AMERICAN CIVIL LIBERTIES UNION
OF NORTHERN CALIFORNIA,
Plaintiff,

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v.
DEPARTMENT OF JUSTICE,
Defendant.

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No. 12-CV-4008-MEJ

STIPULATION OF PARTIAL
DISMISSAL WITH PREJUDICE

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This action arises under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, and
pertains to a FOIA request that consists of four parts. See Compl. ¶ 21 (Dkt. No. 1). Part 1 of
Plaintiff’s FOIA request sought “[a]ll requests, subpoenas, and applications for court orders or
warrants seeking location information since January 1, 2008” (hereinafter, “Part 1”). See id.
This case has proceeded on two tracks, with this Court entering an order on the parties’ crossmotions for summary judgment regarding Part 1 of Plaintiff’s FOIA request, see Dkt. No. 62
(09/30/2014), and a separate order on the parties’ cross-motions for summary judgment
regarding Parts 2-4 of Plaintiff’s FOIA request, see Dkt. No. 61 (09/30/2014). The government
has filed a Notice of Appeal of this Court’s Order regarding Parts 2-4 of Plaintiff’s FOIA

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request. See Notice of Appeal, Dkt. No. 66 (11/26/2014).
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The parties have recently executed a Settlement Agreement that resolves all of Plaintiff’s
claims regarding Part 1 of the FOIA request, as well as all of Plaintiff’s claims regarding
attorney’s fees and costs in this litigation generally (regardless of the claims or proceedings to
which those fees or costs may relate). Pursuant to that Settlement Agreement, defendant recently
filed with the Court a declaration that discharges its obligation to process Part 1 of Plaintiff’s
FOIA request. Accordingly, the parties hereby stipulate to the dismissal, with prejudice, of the
following:

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Stipulation of Partial Dismissal with Prejudice
Case No. 12-CV-4008-MEJ

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Plaintiff’s FOIA request.

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All of Plaintiff’s claims against defendant Department of Justice relating to Part 1 of

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Any and all claims that Plaintiff may have for attorney’s fees and costs in this litigation,
regardless of the claims or proceedings to which those fees or costs may relate.

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This stipulation of dismissal is not intended to, and does not, dismiss this entire action, as it does

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not affect the pending appeal to the United States Court of Appeals for the Ninth Circuit. That

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appeal, which relates to Parts 2-4 of the FOIA request, remains pending and is not dismissed

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herein.

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WE ASK FOR THIS:

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/s/Linda Lye___________________
LINDA LYE
American Civil Liberties Union
Foundation of Northern California
39 Drumm Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorney for Plaintiff

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
Civil Division
ELIZABETH J. SHAPIRO
Deputy Branch Director
/s/ Brad P. Rosenberg
BRAD P. ROSENBERG (D.C. Bar No. 467513)
Trial Attorney
U.S. Department of Justice,
Civil Division, Federal Programs Branch
P.O. Box 883
Washington, D.C. 20044
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendant

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IT IS SO ORDERED that Plaintiff’s claims regarding Part 1 of its FOIA request, as well
as any and all claims for attorney’s fees and costs in this litigation generally, shall be, and hereby
are, DISMISSED WITH PREJUDICE.
___________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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August 21, 2015
___________________________
Date

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Stipulation of Partial Dismissal with Prejudice
Case No. 12-CV-4008-MEJ

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ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)
I, Linda Lye, hereby attest, in accordance with Local Rule 5-1(i)(3), that the concurrence
in the filing of this document has been obtained from the other signatory listed here.

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Dated: August 20, 2015

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Stipulation of Partial Dismissal with Prejudice
Case No. 12-CV-4008-MEJ

/s/ Linda Lye
Linda Lye