A.F. Rothschild Fund v. Department of Health and Human Services et al

Filing 31

ORDER re 30 Stipulation, filed by Centers for Disease Control and Prevention, A.F. Rothschild Fund, Department of Health and Human Services. Signed by Judge Beeler on 1/11/2012. (lblc1, COURT STAFF) (Filed on 1/11/2012)

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Brent Plater (CA Bar No. 209555)
WILD EQUITY INSTITUTE
PO Box 191695
San Francisco, CA 94119
Telephone: [phone]
[e-mail]

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Eric R. Glitzenstein (D.C. Bar No. 358287)
Howard M. Crystal (D.C. Bar No. 446189)
Pro Hac Vice
Meyer Glitzenstein & CRYSTAL
1601 Connecticut Ave., N.W., Suite 700
Washington, D.C., 20009
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff

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MELINDA HAAG (CSBN 132612)
United States Attorney
JOANN M. SWANSON (CSBN 88143)
Chief, Civil Division
ANN MARIE REDING (CSBN 226864)
Assistant United States Attorney

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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
FAX: [phone]
[e-mail]

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Attorneys for Defendants
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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A.F. ROTHSCHILD FUND,
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Plaintiff,
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v.
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES; AND CENTERS
FOR DISEASE CONTROL AND
PREVENTION,

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No. CV 11-2760 LB
STIPULATION AND [PROPOSED]
ORDER REGARDING COMPLETION
OF THE ADMINISTRATIVE APPEAL
PROCESS

Defendants
STIPULATION RE COMPLETION OF THE ADMINISTRATIVE APPEAL PROCESS
CV 11-2760 LB
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Defendants Department of Health and Human Services and Centers for Disease Control

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and Prevention (“Defendants”) and Plaintiff A.F. Rothschild Fund (“Plaintiff”), by and through

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their respective counsel, stipulate as follows:
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On October 13, 2011, Plaintiffs submitted an administrative appeal regarding

certain of the materials at issue in this case;
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Defendants are still processing Plaintiff’s administrative appeal. This includes a

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line-by-line review of 744 pages of records withheld, or withheld in part, from the September 13,

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2011 and September 22, 2011 releases by the CDC. In addition, although Defendants contend

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that Plaintiff's appeal of October 8, 2010 as to the adequacy of the search was untimely (a

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position that Plaintiff disputes and also believes is immaterial in light of the October 13, 2011

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appeal), Defendants are reviewing the adequacy of the search at the administrative level in an

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effort to resolve this action. The agency is also working with the submitter, Auburn University,

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regarding documents the submitter believes should be withheld.
3.

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The parties have agreed that Defendants will complete the administrative appeal

process and respond to the items raised in Plaintiff’s appeal by March 1, 2012.
4.

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The parties have further agreed that by March 1, 2012, Defendants will inform

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Plaintiff regarding the completion of the appeal process and Defendant will also release to

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Plaintiff any additional documents, if applicable. Defendants will also report to Plaintiff on the

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adequacy of the search for responsive materials, including materials searched and whether the

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particular categories identified by Plaintiff have or have not been located.

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THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and Defendants

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that Defendants will complete the administrative appeal process by March 1, 2012 in the manner

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set forth in this stipulation.

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STIPULATION RE COMPLETION OF THE ADMINISTRATIVE APPEAL PROCESS
CV 11-2760 LB
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DATED: January 6, 2012

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Respectfully submitted,
MELINDA HAAG
United States Attorney

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_____/s/ Ann Marie Reding________________
ANN MARIE REDING
Assistant United States Attorney
Attorneys for Defendants

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DATED: January 6, 2012

Respectfully submitted,

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_____/s/ Eric R. Glitzenstein_________________
Howard M. Crystal (D.C. Bar No. 446189)
Eric R. Glitzenstein (D.C. Bar No. 358287)
Pro Hac Vice
MEYER GLITZENSTEIN & CRYSTAL
1601 Connecticut Ave., N.W., Suite 700
Washington, D.C., 20009
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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[PROPOSED] ORDER
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Plaintiff and Defendants’ Stipulation Regarding Completion of the Administrative

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Appeal Process is hereby APPROVED and the parties are hereby Ordered to comply with the

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Stipulation.

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Judge L

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_________________________________
DERED
LAUREL BEELER
SO OR
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United States Magistrate Judge

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Date: January 11, 2012

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STIPULATION RE COMPLETION OF THE ADMINISTRATIVE APPEAL PROCESS
CV 11-2760 LB
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