Case 1:07-cv-02003-EGS

Document 16

Filed 10/15/2008

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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

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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 Deadline for plaintiff to file an opposition to defendant’s motion for summary judgment Deadline for defendant to file a reply in support of its motion for summary judgment

November 4, 2008

December 2, 2008

December 23, 2008

Dated: October 15, 2008

Respectfully submitted,

FOR THE DEFENDANT GREGORY G. KATSAS Assistant Attorney General JEFFREY A. TAYLOR United States Attorney JOHN R. TYLER Senior Trial Counsel

FOR THE PLAINTIFF /s/ Scott Allan Hodes SCOTT ALLAN HODES P.O. Box 42002 Washington, DC 20015 (301) 404-0502 Fax: (413) 641-2833 Email: infoprivacylaw@yahoo.com

Case 1:07-cv-02003-EGS

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/s/ Nicholas Cartier NICHOLAS CARTIER (D.C. Bar # 495850) Lead Attorney Trial Attorney, Civil Division, Federal Programs Branch United States Department of Justice 20 Massachusetts Ave., N.W., Room 7224 P.O. Box 883 Washington, D.C. 20044 Tel: (202) 616-8351 Facsimile: (202) 616-8470 Email: nicholas.cartier@usdoj.gov Counsel for Defendant

ANNE L. WEISMANN Citizens for Responsibility And Ethics in Washington 1400 Eye Street, NW Suite 450 Washington, DC 20005 (202) 408-5565 Fax: (202) 588-5020 Email:aweismann@citizensforethics.org Counsel for Plaintiff

Case 1:07-cv-02003-EGS

Document 16

Filed 10/15/2008

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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 Deadline for plaintiff to file an opposition to defendant’s motion for summary judgment Deadline for defendant to file a reply in support of its motion for summary judgment IT IS SO ORDERED. Done this _____ day of __________, 2008 ___________________________________ UNITED STATES DISTRICT JUDGE

November 4, 2008

December 2, 2008

December 23, 2008

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