DEMOCRATIC NATIONAL COMMITTEE v. UNITED STATES DEPARTMENT OF JUSTICE Document 9: Meet and Confer Statement

Filed January 11, 2008

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.
Civil Action No. 07-712 (ESH)
UNITED STATES DEPARTMENT
OF JUSTICE,
Defendant.
JOINT BRIEFING SCHEDULE STATEMENT
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.
Defendant has completed processing of Plaintiff’s March 19, 2007 FOIA request
described in ¶ 6 of the Complaint (dkt. no. 1). Pursuant to the parties’ agreement as reflected in
their Joint Meet and Confer Statement filed on November 16, 2007 (dkt. no. 7), and the Court’s
Minute Order entered on November 19, 2007, Defendant provided Plaintiff with a draft Vaughn
index. Defendant also provided Plaintiff with draft Vaughn indices for the Executive Office for
United States Attorneys (EOUSA), United States Department of Defense, United States
Department of Homeland Security, United States Department of Health and Human Services,
United States Department of Interior, and United States Department of Labor, who were referred

Page 2 documents from Defendant for direct response to Plaintiff and who produced responsive
documents with excisions under FOIA Exemptions 2 and 6.
3.
Pursuant to the parties’ agreement as reflected in their Joint Meet and Confer
Statement filed on November 26, 2007 (dkt. no. 8), and the Court’s Minute Order entered on
November 27, 2007, Plaintiff notified Defendant on December 20, 2007 that it will not challenge
Defendant’s search for responsive documents. Plaintiff also notified Defendant that it only
intends to challenge Defendant’s withholdings under FOIA Exemption 5, 5 U.S.C. § 552(b)(5),
on the basis of presidential communications privilege, some of Defendant’s withholdings under
FOIA Exemption 5 on the basis of the deliberative process privilege, and EOUSA’s withholdings
under FOIA Exemption 6, 5 U.S.C. § 552(b)(6). Upon further review of the withholdings that
Plaintiff identified, and to further narrow the issues for the Court to resolve, Defendant intends to
make a supplemental release of some of the documents identified by Plaintiff as in dispute.
4.
The parties expect to file a joint stipulation before Defendant files its dispositive
motion setting forth the issues remaining for the Court to resolve.
5.
In light of the parties’ efforts to narrow the issues for the Court and Defendant’s
supplemental release, and given the time necessary for Defendant to prepare its dispositive
motion and supporting declarations, the parties propose the following revised briefing schedule:
January 24, 2008
Defendant’s Dispositive Motion
February 14, 2008
Plaintiff’s Opposition to Defendant’s Dispositive Motion
February 28, 2008
Defendant’s Reply to Plaintiff’s Opposition
2

Page 3 Respectfully submitted,
JEFFREY S. BUCHOLTZ
Acting 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
ELIZABETH J. SHAPIRO
Assistant Director
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: January 11, 2008
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 Briefing Schedule Statement, it is hereby this
____ day of January 2008, ORDERED that:
1.
The Defendant shall file its dispositive motion on or before January 24, 2008.
2.
The Plaintiff shall file its opposition to Defendant’s dispositive motion on or
before February 14, 2008.
3.
The Defendant shall file its reply to Plaintiff’s opposition on or before February
28, 2008.
__________________________________
ELLEN SEGAL HUVELLE
UNITED STATES DISTRICT JUDGE

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PDF Page 2	Case 1:07-cv-00712-ESH Document 9 Filed 01/11/2008 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DEMOCRATIC NATIONAL COMMITTEE, Plaintiff, v. Civil Action No. 07-712 (ESH) UNITED STATES DEPARTMENT OF JUSTICE, Defendant. JOINT BRIEFING SCHEDULE STATEMENT 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. Defendant has completed processing of Plaintiff’s March 19, 2007 FOIA request described in ¶ 6 of the Complaint (dkt. no. 1). Pursuant to the parties’ agreement as reflected in their Joint Meet and Confer Statement filed on November 16, 2007 (dkt. no. 7), and the Court’s Minute Order entered on November 19, 2007, Defendant provided Plaintiff with a draft Vaughn index. Defendant also provided Plaintiff with draft Vaughn indices for the Executive Office for United States Attorneys (EOUSA), United States Department of Defense, United States Department of Homeland Security, United States Department of Health and Human Services, United States Department of Interior, and United States Department of Labor, who were referred

PDF Page 3	Case 1:07-cv-00712-ESH Document 9 Filed 01/11/2008 Page 2 of 3 documents from Defendant for direct response to Plaintiff and who produced responsive documents with excisions under FOIA Exemptions 2 and 6. 3. Pursuant to the parties’ agreement as reflected in their Joint Meet and Confer Statement filed on November 26, 2007 (dkt. no. 8), and the Court’s Minute Order entered on November 27, 2007, Plaintiff notified Defendant on December 20, 2007 that it will not challenge Defendant’s search for responsive documents. Plaintiff also notified Defendant that it only intends to challenge Defendant’s withholdings under FOIA Exemption 5, 5 U.S.C. § 552(b)(5), on the basis of presidential communications privilege, some of Defendant’s withholdings under FOIA Exemption 5 on the basis of the deliberative process privilege, and EOUSA’s withholdings under FOIA Exemption 6, 5 U.S.C. § 552(b)(6). Upon further review of the withholdings that Plaintiff identified, and to further narrow the issues for the Court to resolve, Defendant intends to make a supplemental release of some of the documents identified by Plaintiff as in dispute. 4. The parties expect to file a joint stipulation before Defendant files its dispositive motion setting forth the issues remaining for the Court to resolve. 5. In light of the parties’ efforts to narrow the issues for the Court and Defendant’s supplemental release, and given the time necessary for Defendant to prepare its dispositive motion and supporting declarations, the parties propose the following revised briefing schedule: January 24, 2008 Defendant’s Dispositive Motion February 14, 2008 Plaintiff’s Opposition to Defendant’s Dispositive Motion February 28, 2008 Defendant’s Reply to Plaintiff’s Opposition 2

PDF Page 4	Case 1:07-cv-00712-ESH Document 9 Filed 01/11/2008 Page 3 of 3 Respectfully submitted, JEFFREY S. BUCHOLTZ Acting 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 ELIZABETH J. SHAPIRO Assistant Director 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: January 11, 2008 3

PDF Page 5	Case 1:07-cv-00712-ESH Document 9-2 Filed 01/11/2008 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 Briefing Schedule Statement, it is hereby this ____ day of January 2008, ORDERED that: 1. The Defendant shall file its dispositive motion on or before January 24, 2008. 2. The Plaintiff shall file its opposition to Defendant’s dispositive motion on or before February 14, 2008. 3. The Defendant shall file its reply to Plaintiff’s opposition on or before February 28, 2008. __________________________________ ELLEN SEGAL HUVELLE UNITED STATES DISTRICT JUDGE


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