UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- X : THE STATE OF NEW YORK and THE STATE OF : NEW JERSEY, : : 19-CV-4024 (JMF) Plaintiffs, : : ORDER -v- : : : THE UNITED STATES DEPARTMENT OF THE : TREASURY and THE INTERNAL REVENUE : SERVICE, : : Defendants. : : ---------------------------------------------------------------------- X

JESSE M. FURMAN, United States District Judge: Upon review of the parties’ motion papers and relevant case law, the Court is inclined to conclude that it should set a production schedule that lies somewhere between Plaintiffs’ unrealistic proposal for a ninety-day deadline and Defendants’ proposal that the Court do nothing. See, e.g., Colbert v. Federal Bureau of Investigation,

, at *3 (D.D.C., 2018) (“Courts have broad discretion to determine a reasonable processing rate for a FOIA request.”). Additionally, in view of the overall length of the production schedule (to date and going forward), the Court is inclined to conclude that it should require production of a Vaughn Index on a rolling basis (and, relatedly, that it should deny Plaintiffs’ challenge to Defendants’ invocation of applicable privileges as premature). To discuss these issues and, if appropriate, set a production schedule, the parties shall appear for a conference with the Court on December 11, 2019, at 10:00 a.m., in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, NY 10007. Further, no later than December 3, 2019, the parties shall meet and confer in person for at least one hour to discuss a possible production schedule and to discuss other options for expediting Defendants’ review and production, including but not limited to (1) narrowing Plaintiffs’ requests; (2) agreeing to forego or delay agency review of certain categories of documents most likely to be exempt from production; and (3) identification of information or materials that Plaintiffs are most interested in for more immediate review. Finally, no later than December 5, 2019, the parties shall file a letter informing the Court of their positions on these issues and the status of Defendants’ production as of that date.

SO ORDERED. Dated: November 22, 2019 New York, New York JESS AN United States District Judge