Electronic Frontier Foundation v. United States Department of Justice

Filing 54

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ELECTRONIC FRONTIER FOUNDATION, 8 Plaintiff, 9 10 United States District Court Northern District of California 11 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. 12 13 On September 22, 2016, Defendant U.S. Department of Justice filed a motion for partial 14 15 summary judgment. Dkt. No. 29. On October 13, 2016, Plaintiff Electronic Frontier Foundation 16 filed a cross-motion for partial summary judgment. Dkt. No. 32. Before briefing was completed, 17 the parties reached at least a partial agreement regarding Plaintiff’s Freedom of Information Act 18 (“FOIA”) request. At their request, the Court stayed further briefing and vacated the hearing on 19 the motions. See Dkt. No. 40. Since that time, the parties have worked cooperatively to process Plaintiff’s FOIA request. 20 21 In their most recent status report, the parties indicated that the final batch of documents would be 22 produced by December 14, 2017. See Dkt. No. 53 at 2. Because the parties acknowledge that the 23 scope of their ongoing dispute will be unknown until that time, the Court finds that the parties’ 24 pending motions for summary judgment are moot. The Court accordingly DENIES the motions 25 without any prejudice to the parties filing revised cross-motions targeted only to the remaining 26 issues actually in dispute, if that ends up being necessary. 27 /// 28 /// 1 The Court further DIRECTS the parties to submit a joint status report by January 8, 2018, 2 that outlines any remaining issues in the case and provides a stipulated briefing schedule and 3 proposed order, if further motions practice is necessary. 4 5 IT IS SO ORDERED. Dated: 9/29/2017 6 7 HAYWOOD S. GILLIAM, JR. United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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