Electronic Frontier Foundation v. United States Department of Justice

Filing 59

ORDER by Judge Haywood S. Gilliam, Jr. Granting 58 Stipulated PROPOSED BRIEFING SCHEDULE. Motions due by 5/24/2018; Cross Motions/Opposition due by 6/21/2018; Opposition (Cross)/Replies due by 7/19/2018; Replies (cross) due by 8/9/2018; Motion Hearing set for 8/23/2018 02:00 PM before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 2/20/2018)

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MARK RUMOLD (SBN 279060)
[e-mail]
NATHAN D. CARDOZO (SBN 259097)
[e-mail]
AARON MACKEY (SBN 286647)
[e-mail]
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
ELECTRONIC FRONTIER FOUNDATION

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ELECTRONIC FRONTIER FOUNDATION,
Plaintiff,

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v.
UNITED STATES DEPARTMENT
OF JUSTICE,

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Defendant.

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Case No. 16-cv-02041-HSG
JOINT STATUS REPORT AND
PROPOSED BRIEFING SCHEDULE
AND ORDER

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JOINT STATUS REPORT AND PROPOSED BRIEFING
SCHEDULE AND ORDER

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Pursuant to L. R. 7-12, Plaintiff Electronic Frontier Foundation (“EFF”) and Defendant

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United States Department of Justice provide the following status report, stipulate to the proposed

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briefing schedule for cross-motions for summary judgment in this case as outlined below, and

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request that the Court order the same. In support, the parties state as follows:

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The Joint Case Management Statement (JCMS) filed on January 8, 2018 (ECF No. 57) stated

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that Defendant was processing the third and final batch of documents in response to Plaintiff’s

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narrowed Freedom of Information Act (FOIA) request with the goal of producing documents, where

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appropriate, by January 30, 2018. Defendant met its processing deadline, producing 13 redacted

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records to Plaintiff and withholding an additional 26 documents in full.

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The Court’s Dec. 19, 2017 Order (ECF No. 56) stated that once Defendant completed

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processing of that final set of records, the parties should confer and file a joint status report setting

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forth a summary judgment briefing schedule in this case by February 16, 2018.

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The parties have conferred and narrowed the issues that remain in dispute, but they are

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unable to agree on several issues, including but not limited to, Defendant’s withholdings of certain

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records, in full and in part, pursuant to claimed exemptions under FOIA. Because summary

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judgment is necessary to resolve those issues, the parties have reached agreement on a schedule as

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follows:

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May 24, 2018

Defendant’s Motion for Summary Judgment (30 pages)

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June 21, 2018

Plaintiff’s Combined Cross-Motion for Summary

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Judgment/Opposition to Defendant’s Motion (40 pages)
July 19, 2018

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in Support of Their Motion for Summary Judgment (35 pages)
August 9, 2018

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Defendant’s Combined Opposition to Plaintiff’s Motion/Reply

Plaintiff’s Reply in Support of Its Motion for Summary
Judgment (25 pages)

August 23, 2018

Requested Hearing Date

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16-cv-02041-HSG

JOINT STATUS REPORT AND PROPOSED BRIEFING
SCHEDULE AND ORDER

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Respectfully submitted,

February 16, 2018

By

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/s/ Aaron Mackey
Aaron Mackey

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ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109

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Attorneys for Plaintiff

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Respectfully submitted,

February 16, 2018

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CHAD A. READLER
Acting Assistant Attorney General

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BRIAN STRETCH
United States Attorney

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ELIZABETH J. SHAPIRO
Deputy Branch Director

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By
/s/
RODNEY PATTON
Senior Trial Counsel
JULIA A. BERMAN
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, N.W.
Washington, D.C. 20001

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Attorneys for Defendant

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DECLARATION PURSUANT TO LOCAL RULE 5-1(I)(3)
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Pursuant to Civil L.R. 5-1(i)(3), I, Aaron Mackey, declare that I obtained the concurrence of

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Rodney Patton, counsel for Defendant, United States Department of Justice, in the filing of this

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document.

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I declare under penalty of perjury under the laws of the United States that the foregoing is

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true and correct. Executed this 16th day of February, 2018 in San Francisco, California

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DATED: February 16, 2018

Respectfully submitted,

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By /s/ Aaron Mackey
Aaron Mackey

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16-cv-02041-HSG

JOINT STATUS REPORT AND PROPOSED BRIEFING
SCHEDULE AND ORDER

ORDER

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PURSUANT TO STIPUL
P
LATION, IT IS SO ORD
T
DERED. The parties sha file their s
all
summary
judgment briefs in ac
t
ccordance with the sched above.
dule

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DATED: February 20, 2018
:

____
__________
___________
____
Hon HAYWOO S. GILLIAM, JR.
n.
OD
Unit States District Court Judge
ted
t

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41-HSG
16-cv-0204

JOINT STATUS REPO
S
ORT AND PRO
OPOSED BRI
IEFING
SCHED
DULE AND OR
RDER