IN RE: IN THE MATTER OF THE APPLICATION OF THE NEW YORK TIMES COMPANY FOR ACCESS TO CERTAIN SEALED COURT RECORDS

Filing 18

IN RE: IN THE MATTER OF THE APPLICATION OF THE NEW YORK TIMES COMPANY FO...TAIN SEALED COURT RECORDS18 Doc.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) Plaintiff, ) ) v. ) Civil Action No. 04-1378 (RCL) ) DRUG ENFORCEMENT ADMINISTRATION, et al., ) ) Defendants. ) ) DEFENDANTS' REPLY Defendants, through their undersigned counsel, respectfully submit this reply pursuant to the Court's December 16, 2004 Order (Docket # 16). The Court's December 16, 2004 Order required that "defendants shall file their dispositive motion by January 18, 2005, plaintiff shall file his response by February 18, 2005, and defendants shall file their reply by March 18, 2005." Docket # 16. Citing Fox v. Strickland, 837 F.2d 507 (D.C.Cir. 1998) and Neal v. Kelly, 963 F.2d 453 (D.C. Cir. 1992), the Court also advised "plaintiff that he must respond to defendants' dispositive motion by the deadline provided" and that "[i]f he does not respond, the Court will treat defendants' motion as conceded and may dismiss the case." Docket # 16. Defendants filed their motion for summary judgment on January 14, 2005. Docket # 17. Plaintiff did not respond to Defendants' motion by February 18, 2005, nor has Plaintiff responded thereafter. In accordance with the Court's Order that "defendants shall file their reply by March 18, 2005," Defendants' respectfully file this reply and request that the Court "treat defendants' motion as conceded and [] dismiss the case." DULCIDIO QUIRINDONGO, pro se,

Dockets.Justia.com

Respectfully submitted, /s/ KENNETH L. WAINSTEIN, D.C. Bar # 451058 United States Attorney /s/ R. CRAIG LAWRENCE, D.C. Bar # 171538 Assistant United States Attorney /s/ ULDRIC L. FIORE, JR., D.C. Bar # 386152 Assistant United States Attorney Civil Division 555 Fourth St., N.W. Washington, D.C. 20530 202-307-0299 / FAX [phone]

2

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 18th day of March , 2005, I caused a true and

correct copy of the foregoing Defendants' Reply to be served by first class mail, postage prepaid, on:

Dulcidio Quirindongo #51943-066 USP-Beaumont Box 26030 Beaumont, Texas 77720 /s/ _______________________________ ULDRIC L. FIORE JR. Assistant United States Attorney Civil Division 555 4th Street, NW Washington, D.C. 20530

3