First Amendment Coalition v. U.S. Department of Justice

Filing 60

ORDER by Judge Claudia Wilken SETTING A FURTHER SCHEDULE (ndr, COURT STAFF) (Filed on 6/3/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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FIRST AMENDMENT COALITION,

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Plaintiff,

No. C 12-1013 CW
ORDER SETTING A
FURTHER SCHEDULE

v.
U.S. DEPARTMENT OF JUSTICE,
Defendant.
________________________________/

United States District Court
For the Northern District of California

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In this case, Plaintiff First Amendment Coalition (FAC)

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challenges Defendant United States Department of Justice (DOJ)’s

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denial of its Freedom of Information Act (FOIA) request for a copy

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of a purported DOJ legal memorandum providing a legal analysis and

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justification for the United States government’s targeted killing

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of Anwar al-Aulaqi.

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issued a so-called “Glomar response” in which it refused to

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confirm or deny the existence of any such memorandum.

In denying of Plaintiff’s FOIA request, DOJ

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The parties have fully briefed cross-motions for summary

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judgment addressing whether DOJ properly issued a Glomar response

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to FAC’s FOIA request and whether it had waived its ability to

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issue such a response.

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things that the United States government had never officially

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taken responsibility for the killing of al-Aulaqi and that, in

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order to confirm or deny the existence of documents responsive to

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FAC’s request, the government would have to confirm or deny that

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it had killed al-Aulaqi.

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In its briefing, DOJ argued among other

On May 17, 2013, Plaintiff First Amendment Coalition (FAC)
filed a motion for leave to submit additional evidence “to the

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Court to assist its consideration of whether the Government has

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waived its ability to assert a Glomar response to FAC’s Freedom of

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Information Act request.”

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United States Department of Justice (DOJ) also filed a stipulation

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agreeing that FAC may file the additional evidence.

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57.

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Docket No. 58.

FAC and Defendant

Docket No.

Subsequently, on May 22, 2013, DOJ withdrew its motion for
summary judgment.

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DOJ stated that, on that day, “at the direction of the President,

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United States District Court
For the Northern District of California

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the Attorney General officially confirmed that the United States

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Government targeted Anwar al-Aulaqi and conducted an operation

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that resulted in his death,” and thus no longer sought to keep

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that fact classified.

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permitted thirty days to issue a modified response to FAC’s FOIA

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request and that, within fourteen days thereafter, the parties

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submit a joint status report addressing whether a dispute remains

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and, if one does, proposing a briefing schedule.

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the date of this Order, FAC has not opposed DOJ’s proposed

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schedule.

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Docket No. 59.

In its notice of withdrawal,

Id. at 1-2.

DOJ suggests that it be

Id. at 2.

As of

In light of DOJ’s abandonment of its Glomar response, it

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appears that additional evidence on the issue of waiver of that

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response need not be submitted at this time.

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Court DENIES FAC’s motion for leave to submit additional evidence

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and DECLINES the parties’ stipulation to submit that evidence

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(Docket Nos. 57 and 58).1

Accordingly, the

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This denial is without prejudice to either party offering
this evidence at a later time, should they believe it to be
relevant to another issue.
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In addition, the Court sets the following schedule.

DOJ

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shall provide a modified response to Plaintiff’s FOIA request by

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Friday, June 21, 2013.

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shall meet and confer to determine whether there are any remaining

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disputes regarding the modified response that will require

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judicial resolution.

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file a joint status report notifying the Court whether such a

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dispute remains and, if required, proposing a schedule for further

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briefing.

United States District Court
For the Northern District of California

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Within two weeks thereafter, the parties

By Friday, July 5, 2013, the parties shall

IT IS SO ORDERED.

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Dated: 6/3/2013

CLAUDIA WILKEN
United States District Judge

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