Case 1:08-cv-01535-RCL

Document 19

Filed 01/09/2009

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, Plaintiff, v. U.S. DEPARTMENT OF HOMELAND SECURITY, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 1:08-cv-01535-RCL

MEMORANDUM IN OPPOSITION TO PLAINTIFF'S MOTION FOR CONFERENCE REGARDING RETENTION OF DOCUMENTS Plaintiff has filed an emergency motion for a conference regarding the retention of documents as they relate to this case and Citizens for Responsibility and Ethics in Washington v. U.S. Department of Homeland Security, No. 1:06-CV-01912-RCL (D.D.C.) (“CREW 2"). The issues involved are nearly identical in both cases.1 Accordingly, defendant incorporates, by reference, the argument that it has made in response to plaintiff’s parallel motion in CREW 2. See Memorandum of Points and Authorities in Opposition to Plaintiff’s Motion for Conference Regarding Retention of Documents (CREW 2, Dkt. No. 77, filed 01/09/2009).2 Finally, the As this Court is aware, the history of this case is much shorter than the history of CREW 2, as plaintiff filed its Complaint on September 4, and defendant filed its Answer (which asserted a “Glomar” response) on October 6. Should the Court grant plaintiff’s motion for a conference, defendant respectfully requests that the conference not be scheduled for Thursday, January 15, when undersigned counsel has an appearance before another judge of this Court. Moreover, Mr. Simpson, who is representing the same defendant in CREW 2, has indicated that he is unavailable for a conference (continued...)
2 1

Case 1:08-cv-01535-RCL

Document 19

Filed 01/09/2009

Page 2 of 2

scope of the proposed Stipulation and Order attached to defendant’s filing in CREW 2 (Dkt. No. 77-2) would apply to any records potentially at issue in this case.

Dated: January 9, 2009 GREGORY G. KATSAS Assistant Attorney General JOHN R. TYLER (DC Bar 297713) Assistant Branch Director

/s/ Brad P. Rosenberg Brad P. Rosenberg (DC Bar 467513) Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch Tel: (202) 514-3374 Fax: (202) 616-8460 brad.rosenberg@usdoj.gov Mailing Address: Post Office Box 883 Washington, D.C. 20044 Courier Address: 20 Massachusetts Ave., N.W. Washington, D.C. 20001 COUNSEL FOR DEFENDANT

(...continued) on Monday, January 12 as well as on Thursday, January 15. See CREW 2, Dkt. No. 77, at 1 n.2. 2

2