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____________________________________
CITIZENS FOR RESPONSIBILITY AND )
ETHICS IN WASHINGTON, )
)
Plaintiff, )
)
v. ) Civil No. 07-0964 (CKK)
)
OFFICE OF ADMINISTRATION, )
)
Defendant. )
____________________________________)
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
Case 1:07-cv-00964-CKK Document 70 Filed 05/21/2009 Page 2 of 2
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,
CONCLUSION
For the foregoing reasons, the Court should vacate the stay pending appeal issued by the
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