Case 1:07-cv-02003-EGS Document 16 Filed 10/15/2008 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
__________________________________________
)
CITIZENS FOR RESPONSIBILITY AND )
ETHICS IN WASHINGTON, )
)
Plaintiff, )
)
v. ) Civil Action No. 07-2003 (EGS)
)
U.S. DEPARTMENT OF DEFENSE, )
DEFENSE INFORMATION SYSTEMS )
AGENCY, )
)
Defendant. )
__________________________________________)

JOINT MOTION FOR EXTENSION OF BRIEFING SCHEDULE

Defendant has withheld certain documents encompassed by Plaintiff’s Freedom of

Information Act (“FOIA) request pursuant to Exemption 5 of the FOIA based on Defendant’s

determination that the documents are protected by the deliberative process privilege. Plaintiff

intends to challenge all documents that are withheld by the government pursuant to the

deliberative process privilege.

Defendant has recently identified a subset of the documents that have been withheld

under the deliberative process privilege that, upon closer examination, may be appropriate for

release to Plaintiff. Counsel for the parties have conferred about this matter and believe that a

short extension is appropriate to allow the government time to complete the process of

determining whether additional documents may be produced to Plaintiff. This may serve to

narrow the areas of dispute between the parties and thereby promote judicial economy.

Pursuant to the Court’s Minute Order of August 8, 2008, which adopted the proposed

briefing schedule of the parties, Defendant’s motion for summary judgment is currently due on
 Case 1:07-cv-02003-EGS Document 16 Filed 10/15/2008 Page 2 of 4

October 21, 2008, Plaintiff’s motion for summary judgment is due four weeks later on November

18, and Defendant’s reply brief is due four weeks after Plaintiff’s motion on December 16.

In light of the above, the parties request that the deadline for filing the government’s

brief be extended by two weeks, or until November 4, 2008. The parties request that the

Plaintiff’s motion for summary judgment be due four weeks later on December 2, 2008 and that

Defendant’s reply brief be due three weeks later on December 23, 2008. As reflected in the

parties’ proposed order attached hereto, the amended briefing schedule would be as follows:

Deadline for defendant to file a

motion for summary judgment November 4, 2008

Deadline for plaintiff to file an

opposition to defendant’s motion for
summary judgment December 2, 2008

Deadline for defendant to file a

reply in support of its motion for
summary judgment December 23, 2008

Dated: October 15, 2008 Respectfully submitted,

FOR THE DEFENDANT FOR THE PLAINTIFF

GREGORY G. KATSAS /s/ Scott Allan Hodes

Assistant Attorney General SCOTT ALLAN HODES
P.O. Box 42002
JEFFREY A. TAYLOR Washington, DC 20015
United States Attorney (301) 404-0502
Fax: (413) 641-2833
JOHN R. TYLER Email: infoprivacylaw@yahoo.com
Senior Trial Counsel
 Case 1:07-cv-02003-EGS Document 16 Filed 10/15/2008 Page 3 of 4

/s/ Nicholas Cartier ANNE L. WEISMANN

NICHOLAS CARTIER Citizens for Responsibility
(D.C. Bar # 495850) And Ethics in Washington
Lead Attorney 1400 Eye Street, NW
Trial Attorney, Civil Division, Suite 450
Federal Programs Branch Washington, DC 20005
United States Department of Justice (202) 408-5565
20 Massachusetts Ave., N.W., Room 7224 Fax: (202) 588-5020
P.O. Box 883 Email:aweismann@citizensforethics.org
Washington, D.C. 20044
Tel: (202) 616-8351 Counsel for Plaintiff
Facsimile: (202) 616-8470
Email: nicholas.cartier@usdoj.gov

Counsel for Defendant

 Case 1:07-cv-02003-EGS Document 16 Filed 10/15/2008 Page 4 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
__________________________________________
)
CITIZENS FOR RESPONSIBILITY AND )
ETHICS IN WASHINGTON, )
)
Plaintiff, )
)
v. ) Civil Action No. 07-2003 (EGS)
)
U.S. DEPARTMENT OF DEFENSE, )
DEFENSE INFORMATION SYSTEMS )
AGENCY, )
)
Defendant. )
__________________________________________)

[proposed] ORDER

The Court has reviewed the Parties’ Joint Motion for Extension of Briefing Schedule.

Good cause having been shown, the Court enters the following deadlines:

Deadline for defendant to file a

motion for summary judgment November 4, 2008

Deadline for plaintiff to file an

opposition to defendant’s motion for
summary judgment December 2, 2008

Deadline for defendant to file a

reply in support of its motion for
summary judgment December 23, 2008

IT IS SO ORDERED.

Done this _____ day of __________, 2008

___________________________________
UNITED STATES DISTRICT JUDGE