Case 1:10-cv-00420-EGS Document 18

Filed 01/20/11 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA VERN McKINLEY, Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant. ) ) ) ) ) ) ) ) ) ) ) )

No. 1:10-cv-00420-EGS

JOINT STATUS REPORT On December 23, 2010, the Court denied the FDIC’s motion to dismiss and granted in part Mr. McKinley’s motion for summary judgment, and remanded this matter to the FDIC for further action. Dkt. 16. The Court further ordered that “the parties shall file a joint status report, including recommendations for further proceedings, within thirty days of the issuance of this Order.” Id. Accordingly, the parties hereby submit their joint status report. The parties have conferred concerning procedures for working out issues in the Vaughn index to be prepared by the FDIC, and are considering similar procedures for the declarations to be prepared by the FDIC, for the purpose of eliminating as many differences as possible before the matter is re-submitted to the Court. The parties have also conferred concerning potential settlement of this matter and will continue to discuss settlement options. The parties recommend that, to the extent any justiciable issues remain following the parties’ discussions, the FDIC submit a motion for summary judgment together with a Vaughn

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Case 1:10-cv-00420-EGS Document 18

Filed 01/20/11 Page 2 of 2

index and declarations concerning the FDIC’s search methods, production of documents, and exemptions claimed by the FDIC. Accordingly, the parties recommend that they file another joint status report in thirty days, in which they will set out a projected timeline for completion of their preparation, review, and discussion of the new Vaughn index and declarations, and a suggested date for the filing of the FDIC’s motion for summary judgment. Respectfully submitted,

COLLEEN J. BOLES Assistant General Counsel BARBARA SARSHIK Senior Counsel BARBARA KATRON Counsel /s/ Daniel H. Kurtenbach DANIEL H. KURTENBACH Counsel D.C. Bar No. 426590 Federal Deposit Insurance Corporation 3501 Fairfax Drive, Room VS-D7026 Arlington, VA 22226 dkurtenbach@fdic.gov 703-562-2465 (office) 703-562-2477 (fax)

JUDICIAL WATCH, INC. /s/ Michael Bekesha D.C. Bar No. 995749 425 Third Street. S.W., Suite 800 Washington, D.C. 20024 Tel: (202) 646-5171 Fax: (202) 646-5199 Email: mbekesha@judicialwatch.org Attorney for Plaintiff

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