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

Filing 7

Memorandum in opposition to re 5 MOTION for Summary Judgment and Cross-Motion for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Supplement Plaintiff's Cross-Motion for Summary Judgment# 2 Supplement Plaintiff's Response to Defendant's Statement of Material Facts# 3 Statement of Facts Plaintiff's Rule 7(H) Statement of Material Facts# 4 Text of Proposed Order Plaintiff's Proposed Order)(Perkins, Kimberly)

CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 2 Doc. 7 Att.

Case 1:07-cv-00048-RBW

Document 7-3

Filed 06/06/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ CITIZENS FOR RESPONSIBILITY AND : ETHICS IN WASHINGTON : : Plaintiff, : : v. : : NATIONAL ARCHIVES AND : RECORDS ADMINISTRATION : : Defendant. : ____________________________________:

Civil Action No. 07-0048 (RBW)

PLAINTIFF'S RESPONSE TO DEFENDANT NATIONAL ARCHIVES AND RECORD ADMINISTRATION'S STATEMENT OF MATERIAL FACTS AS TO WHICH THERE IS NO GENUINE ISSUE Pursuant to LCvR 7(h), Plaintiff Citizens for Responsibility and Ethics in Washington ("CREW") hereby responds to National Archives and Records Administration's ("NARA") statement of material facts as to which it contends there is no genuine issue and sets forth Plaintiff's Response to Defendant's Statement of Material Facts as follows: 1. Plaintiff neither admits nor denies. This paragraph is a characterization of the declaration of a United States Secret Service official and the declaration of NARA General Counsel Gary M. Stern. 2. Plaintiff neither admits nor denies. This paragraph is a characterization of the declaration of a United States Secret Service official. 3. Admitted. 4. Admitted. 5. Denied, except to admit that in its October 24, 2006 response to CREW's FOIA request, NARA represented that it had searched its "operational records" and located 336 pages

Dockets.Justia.com

Case 1:07-cv-00048-RBW

Document 7-3

Filed 06/06/2007

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of records. Defendant did not assert in its response what "operational records"are or what electronic or paper files were searched for potentially responsive records. 6. Admitted. 7. CREW admits that by letter dated October 24, 2006, NARA identified 336 pages of documents responsive to CREW's request, disclosed 31 of those pages in full and 11 in part, and withheld in full an additional 294 pages. The remainder of this paragraph is a characterization of the arguments made by NARA, the contents of which speak for themselves. 8. Admitted. 9. CREW admits that it received a letter dated November 28, 2006, from NARA Deputy Archivist Lewis Bellardo that purported to respond to CREW's appeal by identifying an additional 50 pages of responsive materials, of which it released 28 pages in part, and releasing in full an additional 11 pages of material it originally withheld while releasing in part an additional 57 pages of documents originally withheld. The remainder of this paragraph is a characterization of the arguments made by the administrative respondent, the contents of which speak for themselves. 10. CREW admits the first sentence. The second sentence is a characterization of NARA's declaration and Vaughn index, the contents of which speak for themselves.

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Case 1:07-cv-00048-RBW

Document 7-3

Filed 06/06/2007

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Respectfully submitted,

/s/ Anne L. Weismann D.C. Bar No. 298190 Kimberly D. Perkins D.C. Bar No. 481460 Citizens for Responsibility and Ethics in Washington 1400 Eye Street, N.W., Suite 450 Washington, D.C. 20005 [phone] Attorneys for Plaintiff Dated: June 6, 2007

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