DEMOCRATIC NATIONAL COMMITTEE v. UNITED STATES DEPARTMENT OF JUSTICE Document 4: Meet and Confer Statement

Filed June 27, 2007

Back to DEMOCRATIC NATIONAL COMMITTEE v. UNITED STATES DEPARTMENT OF JUSTICE, District Of Columbia District Court Case No. 1:07-cv-00712-ESH

MEET AND CONFER STATEMENT. (Attachments: # (1) Text of Proposed Order)(Oldham, Nicholas)

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Page 1 IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
DEMOCRATIC NATIONAL
COMMITTEE
Plaintiff,
v.
UNITED STATES DEPARTMENT
OF JUSTICE
Civil Action No. 07-712 (ESH)
Defendant.
JOINT MEET AND CONFER STATEMENT
Pursuant to the teleconference held with the Court on June 1, 2007, the parties have
conferred and hereby submit this joint report.
1.
This action arises under the Freedom of Information Act (“FOIA”), 5 U.S.C. §
552, as amended, as well as agency FOIA regulations. Plaintiff the Democratic National
Committee alleges that the Defendant United States Department of Justice has violated FOIA in
connection with Plaintiff’s March 19, 2007 FOIA request to the Defendant. Defendant denies
that it has violated FOIA.
2.
In response to the Court’s suggestion during the teleconference, the parties have
negotiated the scope of Plaintiff’s FOIA request and have agreed to limit the number of
custodians of record for which the Defendant must search.
3.
Defendant has made substantial progress in identifying potentially responsive
documents, but its search is not yet completed.
4.
Given that Defendant has not yet completed its processing of Plaintiff’s FOIA
request, counsel believe that it is premature to propose a scheduling timeline for the filing of

Page 2 dispositive motions. Instead, counsel have conferred and have agreed that Defendant will
complete its initial processing of Plaintiff’s request by July 31, 2007 (i.e., Defendant will
complete its search for and identification of responsive documents). After it identifies the
responsive documents, Defendant will need to engage in a substantive review of the documents
to determine their releasability under FOIA. Defendant also agrees to provide Plaintiff with an
interim response on July 31, 2007.
5.
In light of the agreed-upon schedule for completing initial processing of
Plaintiff’s FOIA request, the parties request that their time for submitting any proposed schedule
for the briefing of dispositive motions be deferred until August 31, 2007, approximately four
weeks after Defendant completes its initial processing of Plaintiff’s FOIA request. At that time,
Defendant will be in a position to estimate what, if any, additional time is required for
completing its substantive review of the responsive documents, and the parties will be in a better
position to evaluate what issues remain for litigation and to propose an appropriate process for
resolving those issues. Defendant also agrees to provide Plaintiff with an interim response on
August 31, 2007.
2

Page 3 Respectfully submitted,
PETER D. KEISLER
Assistant Attorney General
/s/ Joseph E. Sandler
Joseph E. Sandler
D.C. Bar # 255919
Sandler Reiff & Young, P.C.
50 E Street, S.E. #300
Washington, D.C. 20003
Tel: (202) 479-1111
Fax: (202) 479-1115
JEFFREY A. TAYLOR
United States Attorney
JOHN R. TYLER (D.C. Bar No. 297713)
Senior Trial Counsel
Federal Programs Branch
Attorneys for Plaintiff
/s/ Nicholas A. Oldham
Nicholas A. Oldham (D.C. Bar No. 484113)
Trial Attorney
U.S. Department of Justice
Civil Division, Federal Programs Branch
Mailing Address
P.O. Box 883
Washington, D.C. 20044
Delivery Address
20 Massachusetts Ave., N.W., Rm. 6134
Washington, D.C. 20001
Tel: (202) 514-3367
Fax: (202) 616-8470
nicholas.oldham@usdoj.gov
Attorneys for Defendant
Date: June 27, 2007
3

Page 4 IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
DEMOCRATIC NATIONAL
COMMITTEE
Plaintiff,
v.
UNITED STATES DEPARTMENT
OF JUSTICE
Civil Action No. 07-712 (ESH)
Defendant.
[PROPOSED] ORDER
HAVING CONSIDERED the Parties’ Joint Meet and Confer Statement, it is hereby this
____ day of June 2007, ORDERED that:
1.
The Defendant shall complete its initial processing of Plaintiff’s Freedom of
Information Act request on or before July 31, 2007.
2.
The Defendant shall provide Plaintiff with an interim response on or before July
31, 2007, and an interim response on or before August 31, 2007.
3.
The parties shall submit a proposed schedule for the briefing of dispositive
motions on or before August 31, 2007.
__________________________________
ELLEN SEGAL HUVELLE
UNITED STATES DISTRICT JUDGE

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PDF Page 2	Case 1:07-cv-00712-ESH Document 4 Filed 06/27/2007 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DEMOCRATIC NATIONAL COMMITTEE Plaintiff, v. UNITED STATES DEPARTMENT OF JUSTICE Civil Action No. 07-712 (ESH) Defendant. JOINT MEET AND CONFER STATEMENT Pursuant to the teleconference held with the Court on June 1, 2007, the parties have conferred and hereby submit this joint report. 1. This action arises under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, as amended, as well as agency FOIA regulations. Plaintiff the Democratic National Committee alleges that the Defendant United States Department of Justice has violated FOIA in connection with Plaintiff’s March 19, 2007 FOIA request to the Defendant. Defendant denies that it has violated FOIA. 2. In response to the Court’s suggestion during the teleconference, the parties have negotiated the scope of Plaintiff’s FOIA request and have agreed to limit the number of custodians of record for which the Defendant must search. 3. Defendant has made substantial progress in identifying potentially responsive documents, but its search is not yet completed. 4. Given that Defendant has not yet completed its processing of Plaintiff’s FOIA request, counsel believe that it is premature to propose a scheduling timeline for the filing of

PDF Page 3	Case 1:07-cv-00712-ESH Document 4 Filed 06/27/2007 Page 2 of 3 dispositive motions. Instead, counsel have conferred and have agreed that Defendant will complete its initial processing of Plaintiff’s request by July 31, 2007 (i.e., Defendant will complete its search for and identification of responsive documents). After it identifies the responsive documents, Defendant will need to engage in a substantive review of the documents to determine their releasability under FOIA. Defendant also agrees to provide Plaintiff with an interim response on July 31, 2007. 5. In light of the agreed-upon schedule for completing initial processing of Plaintiff’s FOIA request, the parties request that their time for submitting any proposed schedule for the briefing of dispositive motions be deferred until August 31, 2007, approximately four weeks after Defendant completes its initial processing of Plaintiff’s FOIA request. At that time, Defendant will be in a position to estimate what, if any, additional time is required for completing its substantive review of the responsive documents, and the parties will be in a better position to evaluate what issues remain for litigation and to propose an appropriate process for resolving those issues. Defendant also agrees to provide Plaintiff with an interim response on August 31, 2007. 2

PDF Page 4	Case 1:07-cv-00712-ESH Document 4 Filed 06/27/2007 Page 3 of 3 Respectfully submitted, PETER D. KEISLER Assistant Attorney General /s/ Joseph E. Sandler Joseph E. Sandler D.C. Bar # 255919 Sandler Reiff & Young, P.C. 50 E Street, S.E. #300 Washington, D.C. 20003 Tel: (202) 479-1111 Fax: (202) 479-1115 JEFFREY A. TAYLOR United States Attorney JOHN R. TYLER (D.C. Bar No. 297713) Senior Trial Counsel Federal Programs Branch Attorneys for Plaintiff /s/ Nicholas A. Oldham Nicholas A. Oldham (D.C. Bar No. 484113) Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch Mailing Address P.O. Box 883 Washington, D.C. 20044 Delivery Address 20 Massachusetts Ave., N.W., Rm. 6134 Washington, D.C. 20001 Tel: (202) 514-3367 Fax: (202) 616-8470 nicholas.oldham@usdoj.gov Attorneys for Defendant Date: June 27, 2007 3

PDF Page 5	Case 1:07-cv-00712-ESH Document 4-2 Filed 06/27/2007 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DEMOCRATIC NATIONAL COMMITTEE Plaintiff, v. UNITED STATES DEPARTMENT OF JUSTICE Civil Action No. 07-712 (ESH) Defendant. [PROPOSED] ORDER HAVING CONSIDERED the Parties’ Joint Meet and Confer Statement, it is hereby this ____ day of June 2007, ORDERED that: 1. The Defendant shall complete its initial processing of Plaintiff’s Freedom of Information Act request on or before July 31, 2007. 2. The Defendant shall provide Plaintiff with an interim response on or before July 31, 2007, and an interim response on or before August 31, 2007. 3. The parties shall submit a proposed schedule for the briefing of dispositive motions on or before August 31, 2007. __________________________________ ELLEN SEGAL HUVELLE UNITED STATES DISTRICT JUDGE


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