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

Filing 9

STIPULATION re 8 Order by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(McElvain, Joel)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
JUDICIAL WATCH, INC.,

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Plaintiff,
v.
U.S. DEPARTMENT OF DEFENSE,
Defendant.

Case No. 1:11-cv-00863-JDB

STIPULATION
The parties to this action, by and through their undersigned counsel, have conferred and
have reached an agreement with respect to a schedule for further proceedings in this matter. In
compliance with this Court’s order of June 14, 2011 (ECF 8), the parties stipulate as follows.
1.

Plaintiff, Judicial Watch, Inc., does not request Defendant, United States

Department of Defense, to produce drafts of documents that otherwise would have been
responsive to the Freedom of Information Act (FOIA) request that is the subject of this action.
Plaintiff continues to request transcripts of interviews of the three individuals named in its FOIA
request (Dr. Newton Howard, Mr. Robert Giesler, and Captain Scott J. Phillpott, USN), but it
does not request Defendant to produce the transcripts of any other interviews that otherwise
would have been responsive to that request.
2.

Defendant will 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 will complete its production in
response to Plaintiffs’ FOIA request by October 28, 2011.

-23.

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

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

Plaintiff will review the draft index provided pursuant to paragraph 3 above, and

will inform Defendant no later than November 30, 2011, as to which exemptions asserted by
Defendant, if any, it intends to challenge.
5.

Defendant will file its motion for summary judgment on or before December 16,

6.

Plaintiff will file its cross-motion for summary judgment, and combined brief in

2011.

support of its motion and in opposition to Defendant’s motion, on or before January 20, 2012.
7.

Defendant will file its combined reply in support of its motion and opposition to

the cross-motion on or before February 17, 2012.
8.
2012.

Plaintiff will file its reply in support of its cross-motion on or before March 2,

-3Dated: June 13, 2011

Respectfully submitted,

By:

/s/ David F. Rothstein
JUDICIAL WATCH, Inc.
David F. Rothstein, D.C. Bar No. 450035
425 Third St., SW, Suite 800
Washington, DC 20024
Telephone: [phone]
Fax:
[phone]
Email:
[e-mail]
Attorneys for Plaintiff

TONY WEST
Assistant Attorney General
JOHN R. TYLER
Assistant Branch Director

/s/ Joel McElvain
JOEL McELVAIN, Senior Trial Counsel
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., NW, Room 7332
Washington, D.C. 20001
Telephone: [phone]
Fax:
[phone]
Email:
[e-mail]
Attorneys for Defendant