Simatic v. Commissioner of Social Security

Filing 26

ORDER TO FILE PROPOSED BRIEFING SCHEDULE re Parties' 20 Joint Status Report. The parties shall provide a proposed summary judgment briefing schedule on or before August 13, 2021 . Signed by Judge J Richard Creatura. (SR) (cc: Plaintiff via U.S. Mail)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JENNIFER SIMATIC,
Plaintiff,

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COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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ORDER TO FILE PROPOSED
BRIEFING SCHEDULE

v.

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CASE NO. 3:21-cv-05180-MJP-JRC

The District Court has referred this case to the undersigned. Dkt. 19. The matter is

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before the Court on the parties’ joint status report (Dkt. 20) and plaintiff’s amended complaint

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(Dkt. 25).

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In the joint status report, plaintiff, who is pro se, states that she wishes to obtain

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discovery on her Freedom of Information Act (“FOIA”) claims. Dkt. 20, at 3–4. Defendant

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takes the position that discovery is unavailable in this case. Dkt. 20, at 4. Defendant proposes

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that the parties stipulate to a proposed summary judgment briefing schedule. Dkt. 20, at 6.

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ORDER TO FILE PROPOSED BRIEFING SCHEDULE
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Generally, in lieu of discovery, the defendant in a FOIA case will supply declarations

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explaining the agency’s search process, which documents were withheld, why the documents

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were withheld, and why disclosure would damage the interest protected by a claimed statutory

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exemption. See Withey v. Fed. Bureau of Investigation, No. C18-1635-JCC, 2020 WL 885974,

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at *1 (W.D. Wash. Feb. 24, 2020) (citing authorities and explaining that “[i]n FOIA cases, the

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general rule is that discovery is unavailable”). “Summary judgment is the procedural vehicle by

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which nearly all FOIA cases are resolved.” Shannahan v. I.R.S., 637 F. Supp. 2d 902, 912 (W.D.

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Wash. 2009) (internal citation and quotation marks omitted).

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Therefore, the Court directs the parties to confer and to provide this Court with a

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proposed summary judgment briefing schedule. The parties shall provide a proposed briefing

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schedule on or before August 13, 2021.

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A copy of this Order shall be mailed to plaintiff.

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Dated this 14th day of July, 2021.

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A

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J. Richard Creatura
Chief United States Magistrate Judge

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ORDER TO FILE PROPOSED BRIEFING SCHEDULE
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