Electronic Frontier Foundation v. United States Department of Justice
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. DENYING ( 29 , 32 ) CROSS-MOTIONS FOR SUMMARY JUDGMENT WITHOUT PREJUDICE. Joint Status Report due by 1/8/2018. (ndrS, COURT STAFF) (Filed on 9/29/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ELECTRONIC FRONTIER
FOUNDATION,
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Plaintiff,
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United States District Court
Northern District of California
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v.
UNITED STATES DEPARTMENT OF
JUSTICE,
Case No.16-cv-02041-HSG
ORDER DENYING CROSS-MOTIONS
FOR SUMMARY JUDGMENT
WITHOUT PREJUDICE
Re: Dkt. Nos. 29, 32
Defendant.
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On September 22, 2016, Defendant U.S. Department of Justice filed a motion for partial
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summary judgment. Dkt. No. 29. On October 13, 2016, Plaintiff Electronic Frontier Foundation
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filed a cross-motion for partial summary judgment. Dkt. No. 32. Before briefing was completed,
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the parties reached at least a partial agreement regarding Plaintiff’s Freedom of Information Act
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(“FOIA”) request. At their request, the Court stayed further briefing and vacated the hearing on
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the motions. See Dkt. No. 40.
Since that time, the parties have worked cooperatively to process Plaintiff’s FOIA request.
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In their most recent status report, the parties indicated that the final batch of documents would be
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produced by December 14, 2017. See Dkt. No. 53 at 2. Because the parties acknowledge that the
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scope of their ongoing dispute will be unknown until that time, the Court finds that the parties’
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pending motions for summary judgment are moot. The Court accordingly DENIES the motions
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without any prejudice to the parties filing revised cross-motions targeted only to the remaining
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issues actually in dispute, if that ends up being necessary.
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The Court further DIRECTS the parties to submit a joint status report by January 8, 2018,
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that outlines any remaining issues in the case and provides a stipulated briefing schedule and
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proposed order, if further motions practice is necessary.
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IT IS SO ORDERED.
Dated: 9/29/2017
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HAYWOOD S. GILLIAM, JR.
United States District Judge
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United States District Court
Northern District of California
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