Free Stipulation and Order - District Court of California - California

Case 3:07-cv-04997-MHP

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Filed 07/15/2008

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division MICHAEL T. PYLE (CSBN 172954) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7322 Facsimile: (415) 436-6748 Email: [email protected] Attorneys for Defendant Office of Management and Budget

8 9 10 11 12 13 14 15 16 17 Attorneys for Plaintiff Center for Biological Diversity 18 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA 21 SAN FRANCISCO DIVISION 22 23 24 Plaintiff, 25 v. 26 27 28 THE OFFICE OF MANAGEMENT AND BUDGET, Defendant. CENTER FOR BIOLOGICAL DIVERSITY, a non-profit organization, ) ) ) ) ) ) ) ) ) ) ) ) No. C 07-4997 MHP STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE DATE BY WHICH OMB SHALL PRODUCE RESPONSIVE DOCUMENTS AND VAUGHN INDICES TO PLAINTIFF Deborah A. Sivas (CSBN 135446) Leah J. Russin (CSBN 225336) ENVIRONMENTAL LAW CLINIC MILLS LEGAL CLINIC Stanford Law School Crown Quadrangle 559 Nathan Abbot Way Stanford, CA 94305-8610 Telephone: (650) 723-0325 Facsimile: (650) 723-4426 Justin Augustine (CSBN 235561) CENTER FOR BIOLOGICAL DIVERSITY 351 California Street, Suite 600 San Francisco, CA 94104 Phone: (415) 436-9682 Facsimile: (415) 436-9683

Case 3:07-cv-04997-MHP

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Filed 07/15/2008

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IT IS HEREBY STIPULATED by and between the undersigned, subject to the approval of the Court, that the date by which Defendant Office of Management and Budget ("OMB") shall produce documents and Vaughn indices relating to Plaintiff Center for Biological Diversity's ("CBD") Freedom of Information Act ("FOIA") Request (currently scheduled for July 14, 2008 pursuant to the Court's April 21, 2008 Civil Pretrial Minutes, Docket No. 32) be continued as follows: OMB will make an initial production of documents, and an accompanying Vaughn index, for documents from the time period of September 1, 2003 through June 30, 2004 on July 14, 2008; OMB will make a supplemental production of responsive documents and a revised Vaughn index for documents from the time period of September 1, 2003 through June 30, 2004 on or before July 21, 2008 so as to complete OMB's production as to documents from that time period; OMB and CBD will meet and confer as to a schedule for the production of the remaining documents and Vaughn indices. The parties will make a joint proposal or competing proposals in the Status Conference Statement due to be filed on July 28, 2008 and will be prepared to address that issue at the August 4, 2008 Status Conference; If OMB and CBD are able to agree upon a joint proposal as to the schedule for the production of the remaining documents and Vaughn indices, they will submit a stipulation for the Court's approval of that proposal. The parties reached this agreement in light of a number of technical challenges that OMB has experienced since late May 2008 with regard to its ability to search for responsive documents and because the parties want OMB's search for responsive documents to be accurate and complete. The technical challenges and desire for an accurate and complete search for documents, as well as the time involved in preparing Vaughn indices, have combined to have rendered it physically impossible for OMB to have been able to produce all responsive documents and a complete Vaughn index by the Court's July 14, 2008 deadline. //
STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATES 1 No. C 07-4997 MHP

Case 3:07-cv-04997-MHP

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Filed 07/15/2008

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The parties have not previously continued the date by which OMB was to be required to produce responsive documents and a Vaughn index. Respectfully submitted, DATED: July 11, 2008 By: _____/s/________________________ DEBORAH SIVAS Attorneys for Plaintiff JOSEPH P. RUSSONIELLO United States Attorney DATED: July 11, 2008 By: _____/s/ _______________________ MICHAEL T. PYLE Assistant United States Attorney Attorneys for Defendant

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PURSUANT TO STIPULATION, IT IS SO ORDERED: 12 The date by which OMB shall complete its production of documents and a Vaughn index 13 in response to the FOIA request at issue in this case is continued from July 14, 2008 as follows: 14 1. 15 Vaughn index, for documents from the time period of September 1, 2003 through 16 June 30, 2004 on July 14, 2008; 17 2. 18 revised Vaughn index for documents from the time period of September 1, 2003 19 through June 30, 2004 on or before July 21, 2008 so as to complete OMB's 20 production as to documents from that time period; 21 3. 22 remaining documents and Vaughn indices. The parties shall file a Status 23 Conference Statement on or before July 28, 2008 and attend the August 4, 2008 24 Status Conference previously scheduled by the Court. 25 26 27 28 DATED: July 14, 2008 OMB and CBD shall meet and confer as to a schedule for the production of the OMB will make a supplemental production of responsive documents and a OMB will make an initial production of documents, and an accompanying

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