JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE

Filing 10

ORDER pursuant to 9 stipulation. See text of order for details. Signed by Judge John D. Bates on 7/1/2011. (lcjdb3)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

JUDICIAL WATCH, INC.,
Plaintiff,
v.

Civil Action No. 11-863 (JDB)

U.S. DEPARTMENT OF DEFENSE,
Defendant.

ORDER
Pursuant to the stipulation of the parties, it is hereby ORDERED that:
1.

In its response to the Freedom of Information Act (FOIA) request that is the
subject of this action, Defendant shall not be required to process drafts of
documents that otherwise would have been responsive to that request. Defendant
also shall not be required to process transcripts of interviews that otherwise would
have been responsive to that request, with the exception of transcripts of interviews
of the three individuals named in that FOIA request (Dr. Newton Howard, Mr.
Robert Giesler, and Captain Scott J. Phillpott, USN).

2.

Defendant shall make interim releases of material in response to Plaintiff’s FOIA
request and not exempt from production on or before the following dates: (a) July
22, 2011; (b) August 26, 2011; and (c) September 30, 2011. Defendant shall
complete its production in response to Plaintiffs’ FOIA request by not later than
October 28, 2011.

3.

Defendant shall provide a draft of a Vaughn index to Plaintiff with respect to

responsive documents subject to FOIA withheld in whole or in part by not later
than November 15, 2011. The provision of this draft index by Defendant is solely
for the purpose of facilitating a resolution of this case. Defendant shall not be
bound by the content of that draft index. Defendant may supplement or alter the
index in conjunction with the filing of its summary judgment motion as it deems
necessary.
4.

Plaintiff shall review the draft index provided pursuant to paragraph 3 above, and
will inform Defendant by not later than November 30, 2011 as to which
exemptions asserted by Defendant, if any, it intends to challenge.

5.

Defendant shall file its motion for summary judgment by not later than December
16, 2011.

6.

Plaintiff shall file its cross-motion for summary judgment and combined brief in
support of its motion and in opposition to Defendant’s motion, by not later than
January 20, 2012.

7.

Defendant shall file its combined reply in support of its motion and opposition to
the cross-motion by not later than February 17, 2012.

8.

Plaintiff shall file its reply in support of its cross-motion by not later than March 2,
2012.

SO ORDERED.
/s/
JOHN D. BATES
United States District Judge
Dated:

July 1, 2011
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