CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

Filing 14

ORDER granting in part and denying in part 5 Motion for Summary Judgment; granting in part and denying in part 8 Motion for Summary Judgment. Signed by Judge Reggie B. Walton on 3/28/08. (lcrbw2)

CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Doc. 14

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ___________________________________________ CITIZENS FOR RESPONSIBILITY AND ) ETHICS IN WASHINGTON ) ) Plaintiff, ) ) v. ) ) NATIONAL ARCHIVES AND ) RECORDS ADMINISTRATION ) ) Defendant. ) ___________________________________________ ) ORDER In accordance with the Court's rulings in its Memorandum Opinion that shall be issued hereafter, it is hereby ORDERED that the defendant's motion for summary judgment is granted in part and denied in part. It is further ORDERED that the plaintiff's cross-motion for summary judgment is granted in part and denied in part. It is further ORDERED that the defendant shall provide a supplemental submission with a more detailed explanation in support of its withholding of document 3 pursuant to Exemption 5 of the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 (2000). It is further ORDERED that documents 5 and 7 were properly withheld pursuant to Exemption 5 of the FOIA. It is further ORDERED that the defendant must submit documents 12-18, 24, 26-27, and 29-30 to the Court for its in camera review. It is further

Civil Action No. 07-48 (RBW)

Dockets.Justia.com

ORDERED that document 31 was properly withheld pursuant to Exemption 5 of the FOIA. It is further ORDERED the defendant must submit documents 34-44, and 53 to the Court for its in camera review. It is further ORDERED that the defendant must submit an amended Vaughn index and supplemental affidavits that explain why documents 45 and 55 are properly withheld pursuant to Exemption 5 of the FOIA. It is further ORDERED that documents 48 and 51 were properly withheld pursuant to Exemption 5 of the FOIA. It is further ORDERED that documents 56-60 were properly withheld pursuant to Exemption 5 of the FOIA. It is further ORDERED that the defendant's search pursuant to the FOIA was adequate. It is further ORDERED that the parties are not required to comply with this Order until thirty days after the issuance of this Court's Memorandum Opinion. It is further ORDERED this order shall not be deemed a final order subject to appeal until the Court has issued its Memorandum Opinion in this matter.

SO ORDERED this 28th of March 2008.

/s/______________________ REGGIE B. WALTON United States District Court Judge