Case 1:07-cv-00964-CKK Document 70 Filed 05/21/2009 Page 1 of 2

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________
CITIZENS FOR RESPONSIBILITY AND )
ETHICS IN WASHINGTON, )
)
Plaintiff, )
)
v. ) Civil No. 07-0964 (CKK)
)
OFFICE OF ADMINISTRATION, )
)
Defendant. )
____________________________________)

PLAINTIFF’S UNOPPOSED MOTION TO VACATE STAY PENDING APPEAL

AND SUPPORTING MEMORANDUM OF POINTS AND AUTHORITIES

On January 15, 2009, the Court entered an order (Dkt. 66) granting plaintiff CREW’s

renewed motion for a stay pending appeal and ordering defendant Office of Administration

(“OA”) to physically segregate, preserve, and maintain all records potentially responsive to

CREW’s Freedom of Information Act (“FOIA”) request at issue pending resolution of CREW’s

appeal before the U.S. Court of Appeals for the D.C. Circuit. Under the terms of the Court’s

order, “if the D.C. Circuit affirms that OA is not an ‘agency’ under the FOIA . . . OA shall

transfer all such documents to the Archivist’s custody,” and the Archivist is to assume

responsibility for those records under the Presidential Records Act. Order of January 15, 2009,

pp. 1-2.

On May 19, 2009, the D.C. Circuit issued its opinion in this matter affirming this Court’s

ruling that OA is not an agency subject to the FOIA and dismissing CREW’s complaint. As a

result, under the terms of this Court’s stay order the records in question are now to be transferred

to the custody and control of the Archivist. While the Court’s order appears to be self-executing,

to resolve any doubt plaintiff respectfully moves the Court to vacate the renewed stay so that the
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documents can be transferred to the Archivist and made accessible for use in other pending

litigation.

Pursuant to LCvR 7(m), undersigned counsel contacted counsel for OA on May 21, 2009,

who advised that defendant does not oppose this motion.

CONCLUSION

For the foregoing reasons, the Court should vacate the stay pending appeal issued by the

Court on January 15, 2009.

Respectfully submitted,

____/s/_____________________
Anne L. Weismann
(D.C. Bar No. 298190)
Melanie Sloan
(D.C. Bar No. 434584)
Citizens for Responsibility and Ethics
in Washington
1400 Eye Street, N.W., Suite 450
Washington, D.C. 20005
Telephone: 202-408-5565
Fax: 202-588-5020

May 21, 2009 Attorneys for plaintiff