District Court, District of Columbia, 2011

Webster v. United States Department of Justice

District Court, District of Columbia · Decided August 8, 2011 · Judge Frederick J. Scullin, Jr

Opinion

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA ________________________________________________

CARL OGLESBY,

Plaintiff, v. 1:02-CV-603 (FJS) UNITED STATES DEPARTMENT OF

JUSTICE and CENTRAL INTELLIGENCE

AGENCY,

Defendants. ________________________________________________

APPEARANCES OF COUNSEL

OFFICES OF JAMES H. LESAR JAMES H. LESAR, ESQ.

1003 K Street, N.W.

Suite 640

Washington, D.C. 20001

Attorneys for Plaintiff

UNITED STATES DEPARTMENT VANESSA R. BRINKMANN, ESQ.

OF JUSTICE, OFFICE OF

INFORMATION POLICY

1425 New York Avenue, N.W.

Suite 11050

Washington, D.C. 20530-0001

Attorneys for Defendants

SCULLIN, Senior Judge

ORDER

On August 1, 2011, the parties filed a joint motion to stay these proceedings and to amend the briefing schedule. See Dkt. No. 126. Having reviewed the parties' submissions, the Court hereby ORDERS that the parties' joint motion is GRANTED;1 and the Court further ORDERS that these proceedings shall be stayed pending Defendant FBI's administrative re-processing of Plaintiff's FOIA request; however, such stay shall not exceed six (6) months, i.e., February 8, 2012; and the Court further

ORDERS that, within five (5) days of concluding its administrative re-processing of Plaintiff's FOIA request, Defendant FBI shall confer with Plaintiff; and the parties shall jointly submit to the Court proposed amendments to the briefing schedule, if necessary, within seven (7) days of conferring;2 and the Court further

ORDERS that Defendant FBI shall file with the Court status updates regarding the progress of its administrative re-processing of Plaintiff's FOIA request every thirty (30) days, beginning September 1, 2011; and the Court further

ORDERS that Defendant FBI's second renewed motion for summary judgment, see Dkt. No. 103, is DENIED without prejudice and with leave to renew, if necessary, after Defendant FBI completes its re-processing of Plaintiff's FOIA request;3 and the Court further ORDERS that Plaintiff's second renewed cross-motion for summary judgment, see Dkt. No. 107, is DENIED without prejudice and with leave to renew, if necessary, after Defendant FBI completes its re-processing of Plaintiff's FOIA request;4 and the Court further ORDERS that the parties' joint motion for an order to stay these proceedings and to amend the briefing schedule, which they filed on March 23, 2011, see Dkt. No. 112, is DENIED as moot; and the Court further

ORDERS that the parties' joint motion for an order to amend the briefing schedule, which they filed on April 22, 2011, see Dkt. No. 113, is DENIED as moot; and the Court further ORDERS that Plaintiff's unopposed motions, which he filed on June 23, 2011, see Dkt. No. 116, and on July 14, 2011, see Dkt. No. 117, are DENIED as moot; and the Court further ORDERS that the hearing scheduled for August 16, 2011, at 11:00 a.m., see Minute Entry dated July 21, 2011, is CANCELLED; and the Court further ORDERS that Defendant FBI's counsel shall initiate a telephone conference with the Court and opposing counsel, using a professional teleconferencing service, on August 16, 2011, at 11:00 a.m. to address any further issues that either the Court or the parties may wish to raise regarding this re-processing procedure and any subsequent proceedings in this case. For the purpose of this telephone conference, the Court's telephone number is 202-354-3536.

IT IS SO ORDERED.

Dated: August 8, 2011

Syracuse, New York

1 By Memorandum Opinion and Order dated February 27, 2007, the Court granted Defendants' motion for summary judgment with regard to the claims against Defendant Central Intelligence Agency. See Dkt. No. 66. Therefore, the only Defendant that remains in this case is Defendant United States Department of Justice (hereinafter referred to as "Defendant FBI"). 2 Should Defendant FBI complete its administrative re-processing of Plaintiff's FOIA request prior to the February 8, 2012 deadline, Defendant FBI shall confer with Plaintiff within five (5) days of the conclusion of said re-processing; and the parties shall jointly submit to the Court proposed amendments to the briefing schedule, if necessary, within seven (7) days of conferring. 3 If Defendant FBI decides to renew its motion for summary judgment after it completes its administrative re-processing of Plaintiff's FOIA request, Defendant FBI may do so by filing a Notice of Motion and any additional papers that are necessary to support that motion. Defendant (continued...) FBI will not need to re-file any of the papers that it has already filed and may, instead, refer to those papers in its Notice of Motion and supporting papers. 4 If Plaintiff decides to renew its cross-motion for summary judgment after Defendant FBI completes its administrative re-processing of Plaintiff's FOIA request, Plaintiff may do so by filing a Notice of Motion and any additional papers that are necessary to support that motion. Plaintiff will not need to re-file any of the papers that he has already filed and may, instead, refer to those papers in his Notice of Motion and supporting papers.

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